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" he was not unwilling to join issue with them in "of safety, should hinder him from visiting his own "that way, and to let all the world know, how "fort, and how he had opposed any ways of acnecessary, just, and lawful all his proceedings "commodation with his parliament, and what ways had been in that point, and that the defence of " and overtures had been offered in any way, or "those proceedings was the defence of the law of "like any desire of such accommodation; or whe"the land, of the liberty, and property of the sub- "ther his message of the twentieth of January "ject; and that by the same rule of justice, which "last, so often in vain pressed by him, had not was now offered to him, all the private interest sufficiently expressed his earnest desire of it, he and title of all his good subjects to all their lands "said, all the world should judge; neither was it "and goods was confounded and destroyed. He "in the power of any persons to incline him to "remembered them, that Mr. Pym had said in his "take arms against his parliament and his good speech against the earl of Strafford, (which was subjects, and miserably to embroil the kingdom published by order of the commons' house,) the "in civil wars. He had given sufficient evidence "law is the safeguard, the custody of all private" to the world how much his affections abhorred, "interest; your honours, your lives, your liberties, "and how much his heart did bleed at, the appre"and estates are all in the keeping of the law; "hension of a civil war. And, he said, God and "without this every man hath a like right to any "the world must judge, if his care and industry thing. And he said, he would fain be answered were [not], only to defend and protect the what title any subject of his kingdom had to his "liberty of the subject, the law of the kingdom, house or land, that he had not to his town of "his own just rights, (part of that law,) and his "Hull? or what right any subject had to his "honour, much more precious than his life and money, plate, or jewels, that his majesty had not "if, in opposition to these, any civil war should to his magazine or munition there? If he had "arise, upon whose account the blood, and deever such a title, he said he would know when "struction that must follow, must be cast: God, "he lost it? And if that magazine and munition," and his own conscience, told him, that he was bought with his own money, were ever his, when "clear. "and how that property went out of him? He "For captain Leg's being sent heretofore to very well knew the great and unlimited power of " Hull, or for the earl of Newcastle's being sent a parliament; but he knew as well, that it was "thither by his warrant and authority, he said, he "only in that sense, as he was a part of that par- "had asked a question long ago, in his answer to "liament; without him, and against his consent, "both houses concerning the magazine at Hull, "the votes of either or both houses together must "which, he had cause to think, was not easy to be "not, could not, should not (if he could help it," answered; why the general rumour of the de"for his subjects' sake, as well as his own) forbid " sign of papists, in the northern parts, should not any thing that was enjoined by the law, or en- "be thought sufficient ground for his majesty to "join any thing that was forbidden by the law.. put in such a person of honour, fortune, and un"But in any such alteration, which might be for " blemished reputation, as the earl of Newcastle was "the peace and happiness of the kingdom, he had "known to be, into a town and fort of his own, "not, should not refuse to consent. And he "where his own magazine lay; and yet the same " doubted not, but that all his good subjects would rumour be warrant enough to commit the same easily discern, in what a miserable insecurity and "town and fort, without his consent, to the hands "confusion they must necessarily and inevitably be," of sir John Hotham, with such a power as was "if descents might be altered; purchases avoided; now too well known, and understood? How his assurances and conveyances cancelled; the sove"refusal to have that magazine removed, upon the reign legal authority despised, and resisted by petition of both houses, could give any advanvotes, or orders of either or both houses. And tage against him, to have it taken from him, and "this, he said, he was sure, was his case at Hull; "whether it was a refusal, all men would easily "and as it was his this day, by the same rule, it" understand, who read his answer to that petimight be theirs to-morrow. "tion; to which it had not been yet thought fit to "make any reply.

Against any desperate design of the papists, of "which they discoursed so much, he had suffi"ciently 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.

"For the malignant party, he said, as the law "had not, to [his] knowledge, defined their con"dition, 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 despis"ing 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.

"For the condition of those persons, who pre"sented the petition to him at York (whom that declaration called, some few ill-affected persons "about the city of York) to continue the magazine 66 at Hull; he said, he made no doubt, but that "petition would appear to be attested, both in "number and weight, by persons of honour and "integrity, and much more conversant with the "affections of the whole country, than most of "those petitions, which had been received with so "much consent and approbation. And for their "presumption of interposing their advice, his majesty the more wondered at that exception, when such encouragement had been given, and thanks "declared to multitudes of mean, unknown people, "apprentices, and porters, who had accompanied "petitions of very strange natures.

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"For the manner of his going to Hull, he said, "he had clearly set forth the same, in his message to both houses of that business; and for any intelligence given to sir John Hotham of an inten

"Why any letters intercepted from the lord" Digby, wherein he mentioned a retreat to a place

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"his majesty was the only person in England against whom treason could not be committed) "where the fault was; and whatsoever course he "should be driven to for the vindication of that "his privilege, and for the recovery and maintenance of his known undoubted rights, he doth promise, in the presence of Almighty God, and as he hopes for his blessing in his success, that "he would, to the utmost of his powers, defend "and maintain the true protestant profession, the "law of the land, the liberty of the subject, and "the just privilege and freedom of parliament.

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"For the order of assistance given to the com"mittee of both houses, concerning their going to "Hull, he said, he should say no more, but that "those persons, named in that order, he presumed, "would give no commands, or his good subjects I obey other, than what were warranted by the law, (how large the directions are, or the in"structions might be,) for to that rule he should apply his own actions, and by it require an ac"count from other men; and that all his good subjects might the better know their duty in "matters of this nature, he wished them carefully "to peruse the statute of the eleventh year of king Henry VII. ch. 1. He said, he would conclude " with Mr. Pym's own words: If the prerogative "of the king overwhelm the liberty of the people, "it will be turned to tyranny; if liberty un"dermine the prerogative, it would grow into anarchy."

“tion to deprive him of his life, as he knew there was no such intention in him, having given him all possible assurance of the same, at his being there, so he was confident, no such intelligence was given, or if it were, it was by some villain, "who had nothing but malice or design to fright "him from his due obedience, to warrant him; "and sir John Hotham had all the reason to as66 sure himself, that his life would be in much more danger by refusing to admit his king into his own town and fort, than by yielding him that obedience, which he owed by his oaths of allegiance and supremacy, and the protestation, "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 "such a disobedience in a subject, he said, it was "well known (as his majesty had expressed in his message to both houses, to which credit ought "to have been given) that he offered to go into "the town with twenty horse only, his whole train being unarmed; and whosoever thought that too great an attendance for his majesty and his two sons, had sure an intention to bring him to a meaner retinue, than they would yet avow. "Here then, he said, was his case, of which all "the world should judge: his majesty endeavoured "to visit a town and fort of his own, wherein his own magazine lay: a subject, in defiance of him, "shuts the gates against him; with armed men resists, denies, and opposes his entrance; tells him, in plain terms, he should not come in. He "said, he did not pretend to understand much "law, yet, in the point of treason, he had had "much learning taught him this parliament; and "if the sense of the statute of the 25th year of "Edward III. chap. 2. were not very differing" "from the letter, sir John Hotham's act was no "less than plain high treason: and he had been contemptibly stupid, if he had, after all those "circumstances of grace and favour then shewed to him, made any scruple to proclaim him traitor. "And whether he were so, or no, if he would ren"der himself, his majesty 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 least degree, violated in those proceedings; no more than he had done the privilege of parliament, by endeavouring, in a just way, to challenge his own unquestionable privileges. For that, in such case, the declaring "him traitor, being a member of the house of commons, without process of law, should be a "breach of privilege of parliament, (of which he was sure none extended to treason, felony, or "breach of peace,) against the liberty of the subject, or against the law of the land, he must "have other reasons than bare votes. He said, "he would know if sir John Hotham had, with "the forces by which he kept him out of his town "of Hull, pursued him to the gates of York, "which he might as legally have done, whether "his majesty must have staid from declaring him "traitor till process of law might have issued against him? Would fears and jealousies dispense with necessary and real forms? And must his majesty, when actual war is levied upon him, observe forms which the law itself "doth not enjoin? The case, he said, was truly "stated, let all the world judge (unless the mere sitting of a parliament did suspend all laws, and

Besides their declaration, votes, and orders in the justification of sir John Hotham, for his better encouragement, and for a ground of his son's residence at Hull, in whom they had in truth a firmer confidence than in the father, they ordered, "That if, by any force or accident, sir John Hotham "should lose his life, or otherwise die in that ser"vice, that his son should succeed him in the government;" and having thus declared themselves, they thought fit at last to send some particular answer to the king upon that business; which they were the rather inclined to do, that under that pretence they might send down a committee of their own to reside at York: whereby they might receive constant animadversions of what happened, and what was designed, and their friends and dependents in that large, populous, and rich county, be the better confirmed in their affections and devotions to them; and, to that purpose, they sent down the lord Howard of Escrick, the lord Fairfax, sir Hugh Cholmely, (a fast friend to sir John Hotham,) sir Philip Stapleton, who had likewise married Hotham's daughter, and sir Harry Cholmely, who presented their answer in writing to his majesty; the which, being of a mould unusual, and a dialect higher and rougher than even themselves had yet used, I have thought fit to insert in the same words it was delivered; thus:

The most humble answer of the lords and commons in parliament to two messages from your sacred majesty concerning sir John Hotham's refusal to give your majesty entrance into the town of Hull.

"Your majesty may be pleased to understand, "that we, your great council, finding manifold " evidences of the wicked counsels and practices of "some in near trust and authority about you, to put the kingdom into a combustion, by drawing your majesty into places of strength, remote from

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your parliament, and by exciting your people to "commotions, under pretence of serving your majesty against your parliament, lest this malignant" party, by the advantage of the town and maga"zine of Hull, should be enabled to go through "with their mischievous intentions, did, in discharge of the great trust that lies upon us, and by that power which in cases of this nature resides "in us, command the town of Hull to be secured by a garrison of the adjoining trained band, under "the government of sir John Hotham; requiring "him to keep the same for the service of your majesty and the kingdom: wherein we have done 'nothing contrary to your royal sovereignty in "that town, or legal propriety in the magazine.

Upon consideration of sir John Hotham's proceeding at your majesty's being there, we have upon very good grounds adjudged, that he could "not discharge the trust, upon which, nor make good the end, for which he was placed in the guard of that town and magazine, if he had let in your majesty with such counsellors and company as were then about you.

"That he had been in good hope, that the reason, why they had so long deferred their answer to his messages concerning Hull, had been; that they might the better have given him satisfaction "therein, which now added the more astonishment, finding their answer, after so long advisement, to "be of that nature, which could not but rather "increase than diminish the present distractions, "if constantly adhered to by the parliament. He "asked them, whether it was not too much, that "his town of Hull had a garrison put into it, to "the great charge of the country, and inconvenience to the poor inhabitants, without his consent "and approbation, under colour at that time of foreign invasion, and apprehensions of the popish party; but that now the reasons thereof should "be enlarged with a scandal to his majesty, and "his faithful servants, only to bring in the more specious pretext for the avowing sir John "Hotham's insolence and treason?

Wherefore, upon full resolution of both houses, we have declared sir John Hotham to be clear "from that odious crime of treason; and have 'avowed, that he hath therein done nothing but " in obedience to the command of both houses of" by what law or authority they possess themselves parliament; assuring ourselves, that, upon mature "deliberation, your majesty will not interpret his "obedience to such authority to be an affront to your majesty, or to be of that nature, as to require any justice to be done upon him, or satisfaction "to be made to your majesty: but that you will" members to come so much as to a legal trial for see just cause of joining with your parliament, in "the highest crime, would make use of an order preserving and securing the peace of the king-" of parliament to countenance treason, by declar

" of his majesty's proper right and inheritance, he was confident, that as they had not, so they "could not shew. He told them, that he had not "hitherto given the least interruption to public "justice; but they, rather than suffer one of their

"For prevention whereof we know no better remedy, than settling the militia of the kingdom, according to the bill, which we have sent your 'majesty, without any intention of deserting, or 'declining the validity, or observance of that orIdinance, which passed both houses, upon your majesty's former refusal: but we still hold that "ordinance to be effectual by the laws of this kingdom. And we shall be exceeding glad, if your majesty, by approving these our just, dutiful, and necessary proceedings, shall be pleased" "to entertain such counsel, as we assure ourselves," he would intend no business whatsoever, other by God's blessing, will prove very advantageous "than that of Ireland. "for the honour and greatness of your majesty ; "And he said, he likewise expected that they "the safety and peace of your people; amongst "would not put the militia in execution, until they "which we know none more likely to produce such "could shew him by what law they had authority good effects, than a declaration from your ma- "to do the same, without his consent; or if they jesty of your purpose to lay aside all thoughts of" did, he was confident, that he should find much going into Ireland, and to make a speedy return Imore obedience according to law, than they into these parts, to be near your parliament." would do against law. And he should esteem "Which, as it is our most humble desire, and "all those, who should obey them therein, to be "earnest petition, so shall it be seconded with our "disturbers of the peace of the kingdom; and "most dutiful care for the safety of your royal " would, in due season, call them to a legal account person, and constant prayers, that it may prove "for the same. honourable and successful, in the happiness of your majesty, and all your kingdoms."

"under the pretence of putting the kingdom into a posture of defence, were arguments to induce a king to come near, or hearken to his parlia"ment."

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The king despatched this answer the sooner, that the country might be freed from the impression, the presence and activity of the committee made in them but when he delivered it to them, and required them to make all convenient haste with it to the houses, they told him," they would send "it by an express, but that themselves were required and appointed to reside still at York." The king told them, " that he liked not to have "such supervisors near him, and wished them to "be very careful in their carriage; that the country was visibly then very well affected; and if he "found any declension, he well knew to whom to "impute it; and should be compelled to proceed" "in another manner against them, than, with re"ference to their persons," (for they were all then reputed moderate men, and had not been thought disaffected to the government of the church or state,)" he should be willing to do." They answered with a sullen confidence," that they should "demean themselves according to their instruc"tions; and would perform the trust reposed in "them by the two houses of parliament.' Yet such was the ticklishness of the king's condition, that, though it was most evident that their coming, and staying there, was to pervert and corrupt the loyalty and affections of those parts, and to infuse into them inclinations contrary to their allegiance," it was not thought counsellable at that time, either to commit them to prison, or to expel them from that city, or to inhibit them the freedom of his own court and presence; and so they continued for the space of above a month, in York, even in defiance of the king.

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"the trust reposed in them, as the representative body of the kingdom, to make an ordinance, by "the authority of both houses, to settle the militia, "warranted thereunto by the fundamental laws of "the land: that his majesty, taking notice thereof, did, by several messages, invite them to settle "the same by act of parliament; affirming in his message sent in answer to the petition of both houses, presented to his majesty at York, March "26, that he always thought it necessary the same "should be settled, and that he never denied the "thing, only denied the way; and for the matter of "it, took exceptions only to the preface, as a thing not standing with his honour to consent to; and "that himself was excluded in the execution, and "for a time unlimited: whereupon the lords and commons, being desirous to give his majesty all satisfaction that might be, even to the least tittle "of form and circumstances, and when his majesty "had pleased to offer them a bill ready drawn, I had, for no other cause, than to manifest their hearty affection to comply with his majesty's "desires, and obtain his consent, entertained the same, and in the mean time no way declining "their ordinance; and, to express their earnest "zeal to correspond with his majesty's desire, (in "all things that might consist with the peace and " safety of the kingdom, and the trust reposed in them,) did pass that bill, and therein omitted the preamble inserted before the ordinance ; limited "the time to less than two years; and confined the authority of the lieutenants to these three particulars; namely, rebellion, insurrection, and foreign invasion; and returned the same to his majesty for his royal assent: but all these expres"sions of affection and loyalty, all those desires and "earnest endeavours to comply with his majesty, "had, to their great grief and sorrow, produced The militia was the argument, which they found "no better effects than an absolute denial, even of made deepest impression in the people, being totally "that which his majesty, by his former messages, ignorant what it was, or what the consequence of it "as they conceived, had promised: the advice of might be; and so believing whatsoever they told "evil and wicked counsels receiving still more them concerning it. And therefore they resolved" credit with him, than that of his great council of to drive that nail home; and though, for want of" parliament, in a matter of so high importance, their imminent danger, and during the time of the "that the safety of his kingdom, and peace of his king's treaty, and overture of a bill, they had for- "people, depended upon it. borne the execution of their ordinance; yet the fre- "But now, what must be the exceptions to that quent musters of volunteers without order, almost "bill? Not any sure that [were] to the ordinance; in all countries, by the bare authority of their votes, "for a care had been taken to give satisfaction in gave them sufficient evidence how open the people "all those particulars. Then the exception was, were to their commands; at least, how unprepared "because that the disposing and execution thereof authority was to resist and oppose them: and "was referred to both houses of parliament, and therefore, after the king had displaced their favour- "his majesty excluded; and now that, by the bill, ites, and refused to pass the bill for the militia," the power and execution was ascertained, and and sir John Hotham had refused to let the king" reduced to particulars, and the law of the realm come into the town of Hull, and they had justified him for so doing, they prepared a declaration concerning the whole state of the militia, as the resolution of the lords and commons upon that matter; in which they said,

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"made the rule thereof, his majesty would not "trust the persons. The power was too great, too "unlimited, to trust them with. But what was "that power? Was it any other, but, in express "terms, to suppress rebellion, insurrection, and "That holding it necessary for the peace and" foreign invasion? And who were those persons? "safety of the kingdom, to settle the militia there- "Were not they such as were nominated by the of, they had, for that purpose, prepared an ordi- " great council of the kingdom, and assented to by nance of parliament, and with all humility had his majesty? And was it too great a power, to presented the same to his majesty for his royal "trust those persons with the suppression of rebel"assent. Who, notwithstanding the faithful advice "lion, insurrection, and foreign invasion? Surely, "of his parliament, and the several reasons offered they said, the most wicked of them who advised by them, of the necessity thereof for the securing" his majesty to that answer, could not suggest, "of his majesty's person, and the peace and safety "but that it was necessary for the safety of his "of his people, did refuse to give his consent; and "majesty's royal person, and the peace of the thereupon they were necessitated, in discharge of " kingdom, such a power should be put in some

“hands; and there was no pretence for exception "to the persons. They said, his majesty had, for "the space of above fifteen years together, not thought a power, far exceeding that, to be too great to intrust particular persons with, to whose "will the lives and liberties of his people, by "martial laws, were made subject; for such was "the power given to lord lieutenants, and deputy lieutenants, in every county of this kingdom, and "that without the consent of the people, or authority of law. But now in case of extreme necessity, upon the advice of both houses of parliament, for no longer space than two years, a lesser power, "and that for the safety of king and people, was "thought too great to trust particular persons "with, though named by both houses of parliament, and approved by his majesty himself: and "surely, if there were a necessity to settle the "militia, (which his majesty was pleased to confess,) the persons could not be intrusted with less power than that, to have it effectual. And the "precedents of former ages, when there happened "a necessity to raise such a power, never strait"ened that power to a narrower compass; witness "the commissions of array in several kings' reigns, "and often issued out by the consent and authority "of parliament.

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"ed papers, which were scattered, with such great license, throughout the kingdom, (notwithstanding his majesty's earnest desire, so often in vain "pressed, for a reformation,) though he found it "evident, that the minds of many of his weak sub"jects had been, and still were, poisoned by those means ; and that so general a terror had pos"sessed the minds and hearts of all men, that "whilst the presses swarmed [with], and every day produced, new tracts against the established government of the church and state, most men "wanted the courage, or the conscience, to write, or the opportunity and encouragement to pub"lish, such composed, sober animadversions, as might either preserve the minds of his good subjects from such infection, or restore and recover them, when they were so infected: but, "his majesty said, he was contented to let himself "fall to any office, that might undeceive his "people, and to take more pains that way by his own pen, than ever king had done, when he "found any thing that seemed to carry the repu"tation and authority of either or both houses of parliament, and would not have the same refuted,

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or disputed by vulgar and common pens, till he "should be throughly informed whether those "acts had in truth that countenance and warrant they pretend: which regard of his, his majesty "doubted not but, in time, would recover that "due reverence (the absence whereof he had too "much reason to complain [of]) to his person "and his messages, which in all ages had been paid, and, no doubt, was due to the crown of England.

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"The lords and commons therefore, intrusted "with the safety of the kingdom, and peace of the "people, (which, they called God to witness, was "their only aim,) finding themselves denied those "their so necessary and just demands, and that "they could never be discharged before God or "man, if they should suffer the safety of the king"dom, and peace of the people, to be exposed to "He said, he had therefore taken notice of a "the malice of the malignant party at home, or printed paper, entitled, a Declaration of both "the fury of enemies from abroad: and knowing Houses, in answer to his last message concern"no other way to encounter the imminent and ing the militia, published by command; the approaching danger, but by putting the people" which he was unwilling to believe (both for the "into a fit posture of defence, did resolve to put "matter of it, the expressions in it, and the manner "their said ordinance in present execution; and "of publishing it) could result from the consent of "did require all persons in authority, by virtue "both houses; neither did his majesty know by "of the said ordinance, forthwith to put the same "what lawful command, such uncomely, irreverent " in execution, and all others to obey it, accord- " mention of him could be published to the world: "ing to the fundamental laws of the kingdom in" and, though declarations of that kind had of late, "such cases, as they tendered the upholding of" with too much boldness, broken in upon his "the true protestant religion, the safety of his majesty and the whole kingdom, when one or "majesty's person, and his royal posterity, the "both houses had thought fit to communicate their peace of the kingdom, and the being of this" counsels and resolutions to the people; yet, he 66 commonwealth." This declaration (being in" said, he was unwilling to believe, that such a answer to a message from his majesty) was printed, "declaration as that could be published in answer and, with the usual care and dexterity, dispersed "to his message, without vouchsafing at least to throughout the kingdom, without so much as "send it to his majesty as their answer: their sending it to the king; and, thereupon, warrants "business, for which they were met by his writ and directions issued into all parts, for the exercis-" and authority, being to counsel him for the good ing the militia. "of his people, not to write against him to his This being the first declaration they had in people; nor had any consent of his majesty for plain terms published against the king, without "their long continuing together enabled them to ever communicating it, or presenting it to him," do any thing, but what they were first summoned as they had done all the rest, his majesty was "by his writ to do. At least he would believe, the more troubled how to take notice of it; but though misunderstanding and jealousy (the jusconceiving it necessary to apply some antidote to "tice of God, he said, would overtake the fomentthis poison, the violent operation whereof he had ers of that jealousy, and the promoters and conreason to apprehend, he published a declaration" trivers of that misunderstanding) might produce, by way of answer to that declaration, in which "to say no worse, those very untoward expressions, he said, "that if those houses had contrived that declara"That he very well understood, how much it "tion as an answer to his message, they would "was below the high and royal dignity (wherein "have vouchsafed some answer to the questions God had placed him) to take notice of, much proposed in his, which, he professed, did, and "more to trouble himself with answering, those "must evidently prevail over his understanding; "many scandalous, seditious pamphlets, and print-" and, in their wisdom and gravity, they would