His MAJESTIES Anſwer To the Declaration, Votes, and Order of Aſſiſt­ance of both Houſes of Parliament, concerning the Magazine at 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 in ſtead thereof they have thought ſit 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 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 of former times, and unwarrantable by any Precedents, but what themſelves have made; yet Heare 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 of­fered6 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 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, 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 diſcerne in what a miſerable inſe­curity and confuſion they muſt neceſſarily, and in­evitably7 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, 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 only enquire af­ter, & 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 been offered in any way, or like any deſire of ſuch Accommodati­on, or whether Our Meſſage of the 20. of Ianuary8 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 us 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 & Induſtry be onely to defend and protect The Liberty 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 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 ruinour 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 and9 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 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 City 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 Integrity, 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 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 John Hotham of an Intention to de­prive him of his life, as We know there was no ſuch10 Intention in Vs, having given him al 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 villain, who had nothing but ma­lice, or deſigne to fright him from his due Obedi­ence, to warrant him. And Sir John 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 & Fort, then by yeelding Him that obedience, which he owed by his Oathes of Allegiance and Supremacie, and the Proteſtati­on, and he well knew was due and warrantable by the Laws of the Land.

For the number of Our Attendants (though that could a 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 been given) that We offered to go in­to the Town with twenty Horſe onely; Our whole Train being unarmed: And whoſoever 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 then is Our Caſe (of which let all the world judge) We endeavoured to viſit a Town and Fort of Our own, wherein Our own Magazine 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 this Parliament, and if the ſenſe of the Statute 25. E. 3. Cap. 2. be11 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 pro­claim 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 endeavouring 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) 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 enjoyn? The Cauſe is truely ſtated, let all the world judge (unleſſe the meer Sitting of a Parliament doth ſuſpend all Lawes, and We are12 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 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 eleventh 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.