THE THIRD REMONSTRANCE.

ALthough the great affairs of this Kingdom, and the miſerable and bleeding condition of the Kingdom of Ireland, afford us little lea­ſure to ſpend our time in Declarations, and in Anſwers and Replies, yet the Malignant partie about His Majeſtie, taking all occaſions to multiply Calumnies upon the Houſes of Parliament, and to publiſh ſharp Invectives under His Majeſties Name againſt them and their proceedings, a new Engine which they have invented to heighten the deſtructi­ons of this Kingdom, and to beget and increaſe diſtruſt and diſaffection between the King and His Parliament and the People, We cannot be ſo much wanting to our own Innocencie, or to the duty of our Truſt, as not to cleere our ſelves from thoſe falſe aſperſions, and (which is our chiefeſt care) to diſabuſe the Peoples minds, and open their eyes, that under the falſe ſhews and pretexts of the Law of the Land, and of their own Rights and Liberties, they may not be carried into the Road way, that leadeth to the utter ruine and ſubverſion thereof. A late occaſion that theſe wicked ſpirits of diviſion have taken to defame, and indeed to arraigne the proceedings of both Houſes of Parliament, hath been from our Votes of the 28. of April, and our Declaration concerning the buſineſſe of Hull, which becauſe we put forth, before we could ſend our Anſwer concerning that matter unto His Majeſtie, thoſe miſchievous Inſtruments of diſſention, between the King, the Par­liament, and the People, whoſe chief labour and ſtudy is to miſrepreſent our Acti­ons to His Maieſtie and to the Kingdom, would needs interpret this as an appeal to the people, and a declining of all Intercourſe between his Maieſtie and us, as if we thought it to no purpoſe to endeavour any more to give him ſatisfaction, and without expecting any longer our anſwer, under the name of a Meſſage from His Maieſtie to both Houſes, they themſelves have indeed made an Appeal to the people as the meſſage it ſelf doth in a manner grant it to be, offering to ioyn iſſue with us in that way, and in the nature thereof, doth cleerly ſhew it ſelf to be no other, Therefore we ſhall likewiſe addreſſe our Anſwer to the Kingdom, not by way of Appeal as we are charged) but to prevent them from being their owne exe­cutioners, and from being perſwaded under falſe colours of defending the Law, and their own Liberties, to deſtroy both with their own hands, by taking their lives, Liberties and Eſtates out of their hands whom they have choſen and en­truſted therewith, and reſigning them up unto ſome evill Counſellors about His Majeſtie, who can lay no other foundation of their own greatneſſe, but upon the Ruine of this, and in it of all Parliaments, and in them of the true Religion, and the freedom of this Nation. And theſe are the men that would perſwade the peo­ple, that both Houſes of Parliament containing all the Peers, and repreſenting all the Commons of England, would deſtroy the Laws of the Land and Libertie of3 the people; wherein beſides the truſt of the whole, they themſelves in their own particulars, have ſo great an intereſt of honour and eſtate, That we hope it will gain little credit, with any that have the leaſt uſe of reaſon, that ſuch as muſt have ſo great a ſhare in the miſery, ſhould take ſo much pains in the procuring thereof, and ſpend ſo much time, and run ſo many hazards to make themſelves ſlaves, and to deſtroy the property of their eſtates, But that we may give particular ſatisfacti­on to the ſeverall imputations caſt upon us, we ſhall take them in Order as they are laid upon us in that Meſſage Firſt, we are charged for the avowing of that act of Sir John Hotham, which is termed unparalelled and an high & unheard of affront unto his Majeſtie, and as if we needed not to have done it, he being able, as is alledged, to produce no ſuch command of the Houſes of Parliament. Although Sir John Hotham had not an Order that did expreſſe every circumſtance of that caſe, yet he might have produced an Order of both Houſes which did comprehend this Caſe, not onely in the cleer intention, but in the very words thereof, which knowing in our Conſciences to be ſo, and to be moſt neceſſarie for the ſafetie of the Kingdom, we could not but in Honour and Juſtice avow that Act of his, which we are con­fident will appear to all the world to be ſo far from being an affront to the King, that it will be found to have been an act of great Loyalty to His Majeſtie, and to his Kingdom.

The next charge upon us is, that inſtead of giving his Majeſtie ſatisfaction, we publiſhed a Declaration concerning that buſineſſe as an appeal to the people, and as if our intercourſe with his Majeſtie, and for his ſatisfaction, were now to no more purpoſe, which courſe is alledged to be very unagreeable to the modeſty and duty of former times, and not warrantable by any Preſidents, but what our ſelves have made. If the Penner of this Meſſage had expected a while, or had not ex­pected that two Houſes of Parliament, (eſpecially burthened as they are at this time with ſo many preſſing and urgent affairs) ſhould have moved as faſt as him­ſelf, he would not have ſaid that Declaration was inſtead of an Anſwer to His Maieſtie, which we did diſpatch with all the ſpeed and diligence we could, and have ſent it to His Maieſtie by a Committee of both Houſes, whereby it appears that we did it not upon that ground, that we thought it was no more, to any pur­poſe to endeavour to give his Maieſtie ſatisfaction. And as for the duty and mo­deſty of former times from which we are ſaid to have varied, and to want the war­rant of any Preſidents therein, but what our ſelves have made: but if we have made any Preſidents this Parliament, we have made them for poſterity, upon the ſame or better grounds of reaſon and Law then thoſe were upon which our Pre­deceſſors firſt made any for us, and as ſome Preſidents ought not to be rules for us to follow; ſo none can be limits to bound our proceedings, which may and muſt vary according to the different condition of times, and for this particular of ſetting forth Declarations for the ſatisfaction of the people, who have choſen and entruſt­ed us with all that is deareſt to them, If there be no example for it, it is becauſe there were never any ſuch Monſters before that, ever attempted to diſaffect the people from a Parliament, or could ever harbour a thought that it might be effected; were there ever ſuch practiſes to poyſon the people with an ill apprehenſion of the Parliament, were there ever ſuch imputations and ſcandals laid upon the proceed­ings4 of both Houſes; were there ever ſo many, and ſo great breaches of priviledge of Parliament, were there ever ſo many, and ſo deſperate deſignes of force and violence againſt the Parliament, and the Members thereof, If we have done more than ever our Anceſtors have done, we have ſuffered more than ever they have ſuffered, and yet in point of modeſty and duty we ſhall not yeeld to the beſt of for­mer times, and we ſhall put this in iſſue, whether the higheſt and moſt unwarrant­able preſidents of any of His Maieſties Predeceſſors, do not fall ſhort and much below what hath been done unto us this Parliament; And on the otherſide, whe­ther if we ſhould make the higheſt Preſidents of other Parliaments our patterns, there would be cauſe to complain of want of modeſtie and duty in us, when we have not ſo much as ſuffered ſuch things to enter into our thoughts, which all the world knows they have put in act.

Another Charge which is laid very high upon us (and which were indeed a very great Crime if we were found guilty thereof) is that by avowing this act of Sir John Hotham, we do in Conſequence confound and deſtroy the title and Intereſt of all his Majeſties good ſubjects to their lands and goods, and that upon this ground, That his Maieſtie hath the ſame title to his town of Hull, which any of his ſubiects have to their houſes or lands, and the ſame to his Magazin and Muni­tion there, that any man hath to his money, plate, or Jewels; and therefore that they ought not to have been diſpoſed of without or againſt his conſent, no more then the houſe, land, money, plate, or Jewels, of any ſubiect ought to be without or againſt his will.

Here that is laid down for a Principle which would indeed pull up the very foundation of the liberty, property and intereſt of every ſubiect in particular, and of all the ſubiects in generall, if we ſhould admit it for a truth that his Maieſtie hath the ſame right and Title to his Towns and to his Magazin (bought with the publique moneys as we conceive that at Hull to have been) that every particular man hath to his houſe, lands, and goods, for his Maieſties towns are no more his own, then his Kingdom is his own, and his Kingdom is no more his own, then his people are his own, and if the King had a propriety in all his Towns, what would become of the ſubiects propriety in their houſes therein, and if he had a propriety in his Kingdom, what would become of the ſubiects propriety in their lands throughout the Kingdom; or of their liberties, if his Maieſtie had the ſame right in their perſons, that every ſubiect hath in their lands, or goods: and what ſhould become of the ſubiects intereſt in the Towns and Forts of the Kingdom, and in the Kingdom it ſelf, if his Maieſtie might ſell or give them away, or diſpoſe of them at his pleaſure, as a particular man may do with his Lands and with his Goods. This erronious maxime, being infuſed into Princes that their Kingdoms are their own, and that they may do with them what they will as if their King­doms were for them, and not they for their Kingdoms) is the Root of all the ſub­iects miſery, and of the Invading of their iuſt Rights and Liberties; whereas in­deed they are onely intruſted with their Kingdoms, and with their Towns, and with their people, and with the publique, Treaſure of the Common-wealth, and whatſoever is bought therewith and by the known Law of this Kingdom: the very Jewels of the Crown are not the Kings proper goods, but are onely intruſted to him for the uſe and ornament thereof. As the Towns, Forts, Treaſure, Maga­zin,5 Offices and people of the Kingdom, and the whole Kingdom it ſelf is intruſt­ed unto him for the good and ſafety and beſt advantage thereof. And as this truſt is for the uſe of the Kingdom; ſo ought it to be managed by the advice of the Houſes of Parliament, whom the Kingdom hath truſted for that purpoſe; it being their duty to ſee it be diſcharged according to the condition and true intent there­of, and as much as in them lies by all poſſible means to prevent the contrary: Which if it hath been their chief care and onely ayme in the diſpoſing of the town and Magazin of Hull in ſuch manner as they have done, they hope it will appear clearly to all the world, that they have diſcharged their own truſt, and not inva­ded that of His Maieſties, much leſſe his property which in this caſe they could not do.

But admitting His Majeſtie had indeed had a propertie in the Towne and Ma­gazine of Hull, who doubts but that a Parliament may diſpoſe of any thing where­in His Majeſtie or any Subjects hath a right, in ſuch a way, as that the Kingdome may not be expoſed to hazard or danger thereby, which is our caſe in the diſpo­ſing of the Towne and Magazine of Hull. And whereas His Majeſtie doth allow this and a greater power to a Parliament, but in that ſenſe onely as he himſelfe is a part thereof, wee appeale to every mans Conſcience that hath obſerved our pro­ceedings, whether we disjoyned His Majeſtie from His Parliament, who have in all humble wayes ſought his Concurrence with us, as in this particular about Hull, and for the removeall of the Magazine there, ſo alſo in all other things, or whe­ther theſe evill Counſels about him have not ſeparated him from his Parliament, not only in diſtance of place, but alſo in the diſcharge of this joynt truſt with them for the peace and ſafetie of the Kingdome in this and ſome other particulars.

We have given no occaſion to His Majeſtie to declare His reſolution with ſo much earneſtneſſe, that he will not ſuffer either or both Houſes by their Votes without or againſt his conſent to enjoyne any thing that is forbidden by the Law, or to forbid any thing that is enjoyned by the Law. For our Votes have done no ſuch thing, and as we ſhall be very tender of the Law (which we acknowledge to be the ſafeguard and cuſtody of all publike and private Intereſſes) ſo we ſhall never allow a few private Perſons about His Majeſtie, nor His Majeſtie Himſelfe in His own Perſon & out of his Courts to be Judge of the Law, and that contrary to the judgement of he higheſt Court of Judicature: In like manner that His Majeſtie hath not refuſed to conſent to any thing that might be for the peace and happines of the Kingdom, we cannot admit it in any other ſenſe, but as His Majeſtie taketh the meaſure of what will be for the peace and happineſſe of the Kingdome from ſome few ill affected perſons about him, contrary to the advice and judgement of His great Councell of Parliament. And becauſe the Advice of both Houſes of Parliament hath through the ſuggeſtions of evill Councellors been ſo much un­dervalued of late, and ſo abſolutely rejected and refuſed, wee hold it fit to declare unto the Kingdome (whoſe honour and intereſt is ſo much concerned in it) what is the priviledge of the great Councell of Parliament herein, and what is the Ob­ligation that lyeth upon the Kings of this Realme to paſſe ſuch Bills as are offered unto them by both Houſes of Parliament, in the name, and for the good of the whole Kingdome, whereunto they ſtand ingaged both in conſcience and in juſtice6 to give their royall aſſent; In conſcience, in reſpect of the Oath that is or ought to be taken by the KINGS of this Realme at their CORONATION, as well to confirme by their Royall aſſent ſuch good Lawes as their people ſhall chooſe, and to remedy by Law ſuch inconveniences as the Kingdom may ſuffer, as to keepe and protect the Lawes already in being, as may appeare both by the forme of the Oath upon Record, and in bookes of good Authoritie, and by the Statute of the 25. Edw. 3. entituled the Statute of Proviſors of Benefices, the forme of which Oath, and the cauſe of that Statute concerning are as followeth:

A Clauſe in the Preamble of a Statute made 25. Edw. 3. Entituled the Statute of Proviſors of Benefices.

Whereupon the ſaid Commons have prayed our ſaid Lord the King, that ſith the right of the Crowne of England, and the Law of the ſaid Realme is ſuch, that upon the miſchiefes and damages which happen to his Realme, he ought, and is bound by hid Oath with the accord of his people in his Parliament, thereof to make remedy and Law, and in removing the miſchiefes and damages which thereof enſue, that it may pleaſe him thereupon to ordaine remedy.

Our Lord the King ſeeing the miſchiefes and damages before-mentioned, and having regard to the ſaid Statute, made in the time of his ſaid Grandfather, and to the cauſes contained in the ſame, which Statute holdeth alwayes his force, and was never defeated, repealed, nor adnulled in any point, and by ſo much he is bounden by his Oath to cauſe the ſame to be kept as the Law of his Realme, though that by ſufferance and negligence it hath been ſithence attempted to the contrary, alſo ha­ving regard to the grievous complaints made to him by his people in divers His Parliaments holden heretofore, willing to ordaine remedy for the great damages and miſchiefes which have hapned, and daily do happen to the Church of England by the ſaid cauſe.

Here the Lords and Commons claime it directly as the right of the Crowne of England, and of the Law of the Land, and that the King is bound by his Oath, with the accord of his people in Parliament to make remedy and Law upon the miſchiefes and damages which happen to this Realme, and the King doth not de­ny it, although he take occaſion from a Statute formerly made by his Grandfa­ther,7 which was layd as part of the grounds of this Petition, to fixe his Anſwer upon another branch of his Oath, and prefermits that which is claimed by the Lords and Commons, which he would not have done if it might have been excep­ted againſt.

In juſtice they are obliged thereunto in reſpect of the truſt repoſed in them, which is aſwell to preſerve the Kingdome by the making of new Lawes where there ſhall be need, as by the obſerving of Lawes already made. A Kingdome be­ing many times as much expoſed to ruine for the want of a new Law, as by the violation of thoſe that are in being, and this is ſo cleare a right, that no doubt His Majeſty will acknowledge it to be as due unto his people as his protection; but how farre forth he is obliged to follow the judgement of his Parliament therein, that is the queſtion. And certainly, beſides the words in the Kings Oath, referring unto ſuch Lawes as the people ſhall chuſe, as in ſuch things which concerne the Pub­lique Weale and good of the Kingdome, they are the moſt proper Judges who are ſent from the whole Kingdome for that very purpoſe, ſo wee doe not finde that ſince Lawes have paſſed by way of Bills (which are read thrice in both Houſes, and committed, and every part and circumſtance of them fully weighed and de­bated upon the commitment, and afterwards paſſed in both Houſes) that ever the Kings of this Realme did deny them otherwiſe then is expreſſed in that uſuall An­ſwer, Le Roy ſaviſera, which ſignifies rather a ſuſpenſion then a refuſall of the Royall Aſſent, and in thoſe other Lawes which are framed by way of Petitions of Right, the Houſes of Parliament have taken themſelves to be ſo farre Judges of the Rights claimed by them that when the Kings anſwer hath not in every point been fully according to their deſire, they have ſtill inſiſted upon their claime, and never reſted ſatisfied till ſuch time as they had an anſwer according to their owne demand, as was done in the late Petition of Right, and in former times upon the like occaſion, and if the Parliament be Judge between the King and his people in the Queſtion of Right (as by the manner of the claime in Petitions of Right, and by Judgements in Parliament, in Caſes of illegall Impoſitions and Taxes, and the like it appeareth to be) why ſhould they not be ſo alſo in the queſtion of the com­mon good, and neceſſitie of the Kingdome, wherein the Kingdome hath as cleere a right alſo to have the benefit and remedy of Law, as in any thing whatſoever, and yet we doe not deny but in private Bills, and alſo in publick Acts of Grace, as Pardons and the like grants of favour, His Majeſtie may have a greater latitude of granting or denying as he ſhall thinke fit.

All this conſidered, we cannot but wonder that the Conniver of this Meſſage, ſhould conceive the people of this Land to be ſo voyd of common ſenſe, as to enter into ſo deep a miſtruſt of thoſe that they have and his Majeſty ought to repoſe ſo great a truſt in as to deſpaire of any ſecuritie in their private Eſtates, by Diſcents, Purchaſes, Aſſurances, or Conveyances, unleſſe His Majeſty ſhould by his Vote prevent the prejudice they might receive therein, by the Votes of both Houſes of Parliament, As if they who are eſpecially choſen and entruſted for that purpoſe, and who themſelves muſt needs have ſo great a ſhare in all grievances of the Sub­ject, had wholly caſt off all care of the Subjects good, and His Majeſty had ſolely taken it up; And as if it could be imagined that they ſhould by their Votes over­throw the rights of Diſcents, Purchaſes, or of any Conveyance or Aſſurance, in8 whoſe judgement the whole Kingdome hath placed all their particular Intereſſes, if any of them ſhould be called in queſtion in any of thoſe Caſes, & that (as know­ing not where to place them with greater ſecuritie) without any appeale from them to any other perſon or Court whatſoever.

But indeed we are very much to ſeeke how the caſe of Hull ſhould concerne Diſcents, and Purchaſes, or Conveyances, and Aſſurances, unleſſe it be in procu­ring more ſecuritie to men in their private Intereſſes by the preſervation of the whole from confuſion and deſtruction, and much leſſe doe wee underſtand how the Soveraigne Power was reſiſted and deſpiſed therein; Certainly no command from His Majeſtie, and his high Court of Parliament (where the Soveraigne Power reſides) was diſobeyed by Sir John Hotham, nor yet was his Maieſties Au­thoritie derived out of any other Court, nor by any legall Commiſſion, or by any other way, wherein the Law hath appointed His Majeſties commands to be deri­ved to his Subjects, and of what validitie his verball Commands are, without any ſuch ſtamp of his Authoritie upon them, and againſt the order of both Houſes of Parliament, whether the not ſubmitting thereunto be a reſiſting and deſpiſing of the Soveraigne Authoritie, we leave it to all men to judge, that doe at all under­ſtand the government of this Kingdome.

We acknowledge that His Majeſty hath made many expreſſions of his zeale and intentions againſt the deſperate deſignes of Papiſts, but yet it is alſo as true, that the Counſells which have prevailed of late with him, have been little ſutable to thoſe expreſſions and intentions: For what doth more advance the open and bloudy deſigne of the Papiſts in Ireland, (whereon the ſecret plots of the Papiſts here, do in likelihood depend) then His Majeſties abſenting himſelfe, in that man­ner that he doth from his Parliament, and ſetting forth ſuch ſharpe Invectives a­gainſt them, notwithſtanding all the humble Petitions, and other meanes which his Parliament hath addreſſed unto him for his returne, & for his ſatisfaction con­cerning their proceedings. And what was more likely to give a riſe to the deſignes of Papiſts, (whereof there are ſo many in the North neare to the Towne of Hull) and of other malignant & ill-affected perſōs, which are ready to joyn with them, or to the attempts of forrainers from abroad, than the continuing of that great Magazin at Hull at this time, and contrary to the deſire and advice of both Houſes of Parliament; So that we have too much cauſe to beleeve that the Papiſts have ſtill ſome way and means, whereby they have influence upon his Majeſties Coun­cells for their owne advantage.

For the Malignant party his Majeſty needeth not a definitiō of the Law, nor yet a more full Character of them from both Houſes of Parliament for to finde them out; if he will pleaſe only to apply the Character that himſelfe hath made of them to thoſe unto whom it doth properly & truly belong, who are ſo much diſaffected to the peace of the Kingdom, as they that endeavour to diſaffect his Majeſty from the Houſes of Parliament, and perſwade him to be at ſuch a diſtance from them both in place and affection: Who are more diſ-affected to the government of the Kingdome, than ſuch as lead his Majeſty away from harkning to his Parliament, which by the conſtitution of this Kingdom is his greateſt & beſt Councell, & per­ſwade him to follow the malicious councels of ſome private men, in oppoſing and contradicting the wholſome advices, & juſt proceedings of that his moſt faithfull Coun­cell9 and higheſt Court? Who are they that not onely neglect and deſpiſe, but la­bour to undermine the Law, under colour of maintaining of it. But they that in­devour to deſtroy the fountaine and Conſervatory of the law, which is the Par­liament; and who are they that ſet up other Rules for themſelves to walke by, then ſuch as are according to Law, but they that will make other Iudges of the Law; then the Law hath appoynted, and ſo diſpence with their obedience, to that which the Law calleth Authoritie, and to their determinations and reſolutions to whom the Iudgement doth appertaine by Law: For when private perſons ſhall make the Law; o be their Rule, according to their own underſtandings, contrary to the judgement of thoſe that are competent Iudges thereof; they ſet up unto themſelves other Rules than the Law doth acknowledge: Who theſe perſons are, none knoweth better than his Majeſtie himſelfe: And if he will pleaſe to take all poſſible caution of them, as deſtructive to the Common wealth, and himſelfe, and would remove them from about him, it would be the moſt effectuall meanes to compoſe all the deſtractions, and to cure the diſtempers of this Kingdome.

For the Lord Digby his le ter, we did not make mention of it as a ground to hinder his Majeſtie from viſiting his own fort, but we appeale to the judgement of any indifferent man that ſhall read that Letter, and compare with the poſture that his Majeſtie then did, and ſtill doth ſtand in, towards the Parliament, and with the circumſtances of that late action of his Majeſtie, in going to Hull, whe­ther the Adviſor of that Iourney, intended only a viſit of that fort and Magazin? as to the wayes and overtures accommodation, and the meffage of the 20 of Ia­nuary laſt, ſo often preſſed, but ſtill in vaine, as is alledged Our Anſwere is, that although ſo often as the 20. of Ianuarie hath been preſſed, ſo often have our pri­viledges been cleerly infringed; that a way and method of proceeding ſhould be preſcribed unto us, as well for the ſetling of his Majeſties Revene, as for the pre­ſedting of our deſires (a thing which in former Parliaments hath alwayes been ex­cepted againſt as a breach of priviledge) pet in reſpect of the matter contained in that meſſage, and out of our earneſt deſire to beget a good underſtanding between his Majeſtie, and us, we ſwallowed down all matters of Circumſtance, and had ere this time preſented the chief of our deſires to his Majeſtie, had we not been in­rerrupted with continuall Denyalls even of thoſe things that were neceſſary for our preſent ſecurity and ſubſiſtance, and had not thoſe denyalls been followed with perpetuall Invectives againſt us and our proceedings, and had not thoſe in­vectives been beaped upon us ſo thick one after another, (who were already in a manner wholly taken up with the preſſing affaires of this Kingdome, and of the Kingdome of Ireland) that as we had little encouragment from thence to hope for any good Anſwes to our deſires, ſo we had not ſo much time left us to per­fect them in ſuch a manner as to offer them unto his Majeſtie.

We confeſſe it is a Reſolution moſt worthy of a Prince, and of his Majſtie, to ſhut his eares againſt any that would incline him to a civill Warre, and to abhor the very apprehenſion nf it, but we cannot beleeve that mind to have bin in them that came with his Majeſtie to the Houſe of Commons, or in them teat accom­panied his Majſtie to Hampton Court, and appeared in a warlike manner at King­ſton10 upon Thames, or in divers of them that followed his Majeſtie now latley to Hull, or in them that after drew their Swords at York, demanding who would be for the King, nor in them that adviſed his Majeſty to declare Sir John Hotham a Traytor before the Meſſage was ſent concerning that buſineſſe to the Parlia­ment, or to make Propoſitions to the Gentlemen of the County of York, to aſſiſt His Majeſty to proceed againſt him in a way of force before he had, or poſſible could receive an Anſwer from the Parliament, to whom he had ſent to demand Juſtice of them againſt Sir John Hotham for that Fact; and if thoſe Malignant ſpirits ſhall ever force us to defend our Religion, the Kingdome, the Priviledges of Parliamants, and the Rights and Liberties of the Subjects, with our ſwords, the blood and deſtruction that ſhall enſue thereupon muſt be wholly caſt upon their Accompt, God and our owne conſciences tell us that we are cleare, and we doubt not but God and the whole world will cleare us therein.

For Captaine Legg we did not ſay that he was accuſed, or that there was any charge againſt him for the bringing up of the Army, but that he was imployed in that buſineſſe. And for that queſtion concerning the Earl of New Caſtle men­tioned by his Majeſty, which is ſaid to have bin asked long ſince, and that is not eaſie to be anſwerd; We conceive that it is a queſtion of more difficulty and hard­er to be anſwered: Why, when his Majeſtie held it neceſſary, upon the ſame grounds that firſt moved from the Houſes of Pa liament; That a Governour ſhould be placed in that Towne, Sir Iohn Hotham a Gentleman of knowne For­tune and Integrity, and a perſon of whom both Houſes of Parliament had ex­preſſed their confidence, ſhould be refuſed by his Majeſtie, and the Earle of New Caſtle (who by the way was ſo far named in the buſineſſe of the bringing up of the Army, that although there was not ground enough for a judiciall proceeding, yet there was ground of ſuſpition, at leaſt his reputation was not left ſo unblemi­ſhed thereby, as that he ſhould be thought the fitteſt man in England for that im­ployment of Hull) ſhould be ſent downe in a private way from his Majeſtie to take upon him the government, and why he ſhould diſguiſe himſelf under another name when he came thither, as he did. But whoſoever ſhall conſider, together with theſe circumſtances; that of the time when Sir Iohn Hotham was firſt ap­pointed by both Houſes of Parliament to take upon him that imployment, which was preſently after his Majeſties comming to the Houſe of Commons, and upon the retiring of himſelfe to Hampton Court, and the L. Digbies aſſembling of Ca­valiers at Kingſtone upon Thamis, will find reaſon enough why that Town of Hull ſhould be committed rather to Sir Iohn Hotham by the authoritie of both Houſes of Parliament, then to the Earle of New Caſtle, ſent from his Majeſty in that manner that he was. And for the power that Sir Iohn Hotham hath from the Houſes of Parliament, the better it is known and underſtood; we are confident the more it will be approved of and juſtified: And as we do not conceive that his Majeſties refuſall to have that Magazin removed could give any advantage againſt him to have it taken from him, and as no ſuch thing is done, ſo we cannot con­ceive for what other reaſon any ſhould councel his Majeſty not to ſuffer it to be re­moved, upon the deſire of both Houſes of Parliament, except it be that they had an intention to make uſe of it againſt them.

We did not except againſt thoſe that preſented a petition to His Maieſtie at Yorke for the continuance of the Magazine at Hull, in reſpect of their condi­tion, or in reſpect of their number, becauſe they were mean perſons, or becauſe they were few; but becauſe they being but few, and there being ſo many more in the County of as good quality as themſelves (who have by their petition to His Maieſty diſavowed that act of theirs) that they ſhould take upon them the ſtile of all the Gentry and Inhabitants of that County, and under that title ſhould preſume to interpoſe their advice contrary to the Votes of both Houſes of Parliament; and if it can be made to appear, that any of theſe petitions that are ſaid to have been preſented to the Houſes of Parliament, and to have been of a ſtrange nature, were of ſuch a nature as that, we are confident that they were never received with our conſent and approbation.

Whether there was an intention to deprive Sir Iohn Hotham of his life, if His Majeſtie had been admitted into Hull, and whether the information were ſuch, as that he had ground to beleeve it, we will not bring it into queſtion; for that was not, nor ought to have been the ground for doing what he did, neither was the number of His Majeſties Attendants, for being more or fewer, much con­ſiderable in this caſe: For although it be true, that if His Maieſtie had entred with twenty horſe onely, he might haply have found means for to have forced the entrance of his Train, who being once in the Town, would not have been long without Arms; yet that was not the ground that Sir Iohn Hotham was to proceed upon, but upon the admittance of the King into the Town at all, ſo as to deliver up the Town and Magazine unto him, and to whomſoever he ſhould give the command thereof, without the knowledge and conſent of both Houſes of Parliament, by whom he was entruſted to the contrary; and His Maieſty ha­ving declared that to be his intention concerning the Town, in a Meſſage that he ſent to the Parliament not long before he went to Hull, ſaying, That he did not doubt but that Town ſhould be delivered up to him whenſoever he pleaſed, as ſuppoſing it to be kept againſt him; and in like manner concerning his Maga­zine, in his Meſſage of the four and twentieth of April, wherein it is expreſ­ſed, That His Maieſtie went thither with a purpoſe to take into his hands the Magazine, and to diſpoſe of it in ſuch manner as he ſhould think fi•; upon theſe terms Sir Iohn Hotham could not have admitted his Maieſtie, and have made good his truſt to the Parliament, though his Maieſty would have entred alone, without any Attendance at all of his own, or of the Prince, or Duke, his ſons, which we do not wiſh to be leſſe than they are in their number, but could hea tily wiſh that they were generally better in their conditions.

In the cloſe of this Meſſage, His Maieſtie ſtates the caſe of Hull, and there­upon inferreth that the act of Sir Iohn Hotham was levying of war againſt the King, and conſequently that it was no leſſe then high Treaſon, by the Letter of the Statutes of 25 Edw. 3. cap. 2. unleſſe the ſence of that Statute be very far dif­fering from the Letter thereof.

In the ſtating of this Caſe divers particulars may be obſerved wherein it is not rightly ſtated: As firſt, That His Majeſties going to Hull was only an endevour to12 viſit a Town and Fort of his; whereas it was indeed to poſſeſſe himſelf of the Town and Magazine there, and to diſpoſe of them as he himſelf ſhould think good, without and contrary to the Advices and Orders of both Houſes of Par­liament, as doth cleerly appear by his Maieſties own Declaration of his inten­tions therein, by his Meſſages to both Houſes immediately before and after that iourney. Nor can we beleeve that any man that ſhall conſider the circumſtan­ces of that iourney to Hull, can think that his Maieſty would have gone thither at that time, and in that poſture, that he was pleaſed to put himſelf in towards the Parliament, if he had intended onely a viſit of the Town and Magazine. Se­condly, it is ſaid to be His Maieſties own Town, and his own Magazine: which being underſtood in that ſence as was before expreſſed, as if his Maieſty had a private intereſt of propriety therein, we cannot admit it to be ſo. Thirdly, (which is the main point of all) Sir Iohn Hotham is ſaid to have ſhut the gates againſt his Maieſty, and to have made reſiſtance with armed men in defiance of his Maieſty; whereas it was indeed in obedience to his Maieſty and his autho­rity, and for his ſervice, and the ſervice of the kingdom, for which uſe onely all that intereſt is that the King hath in the Town; and it is no further his to diſ­poſe of, then he uſeth it for that end: And Sir John Hotham being commanded to keep the Town and Magazine for his Majeſty and the Kingdom, and not to de­liver them up, but by his Majeſties authority ſignified by both Hourſes of Parlia­ment, all that is to be underſtood by thoſe expreſſions of his denying and oppo­ſing his Majeſties entrance, and telling him in plain terms he ſhould not come in, was onely this, That he humbly deſired his Majeſty to forbear his entrance, till he might acquaint the Parliament, and that his authority might come ſignified to him by both Houſes of Parliament, according to the truſt repoſed in him. And certainly if the Letter of the Statute of 25 Ed. 3. cap. 2. be thought to import this, that no war can be levied againſt the King, but what is directed and intended a­gainſt his perſon; or that every levying of forces for the defence of the Kings au­thority, and of his Kingdom, againſt the perſonall commands of the King oppo­ſed thereunto, though accompanied with his preſence, is levying war againſt the King, it is very far from the ſenſe of that Statute; and ſo much the Statute it ſelf ſpeaks (beſides the authority of Book-cauſes, Preſidents of divers Traitours con­demned upon that interpretation thereof:) For if the Clauſe of levying of war had been meant onely againſt the Kings perſon, what need had there been thereof, after the other branch of Treaſon in the ſame Statute of compaſſing the Kings death, which would neceſſarily have implyed this; and becauſe the former clauſe doth imply this, it ſeems not at all to be intended in this latter branch, but onely the levying of war againſt the King, that is, againſt his Laws and Authority, but in the maintenance thereof, is no levying of war againſt the King, but for him. Here is then our caſe; In a time of ſo many ſucceſsive plots and deſigns of force againſt the Parliament and Kingdom; in a time of probable invaſion from abroad, and that to begin at Hull, and to take the opportunity of ſeizing upon ſo great a Magazine there; In a time of ſo great diſtance and alienations of his Majeſties affections from his Parliament, and in them from his Kingdom, which they re­preſent,13 by the wicked ſuggeſtions of a few Malignant perſons, by whoſe miſ­chievous counſels he is wholly led away from his Parliament, and their faithfull advices and counſels; In ſuch a time the Lords and Commoos in Parliament command Sir John Hotham to draw in ſome of the trained Bands of the parts adjacent to the Town of Hull, for the ſecurink of that Town and Magazine, for the ſervice of his Majeſty and of the Kingdom; of the ſafety whereof there is a higher truſt repoſed in them then any where elſe, and they are the proper judges of the danger thereof.

This town and Magazine being sntruſted to Sir Iohn Hotham, with evpreſſe order not to deliver them up, but by the Lings authority ſignifieth by both Houſes of Parliament; his Majeſtie, contrnry to the advice and direction of both Houſes of Parliament, without the authority of any Court, or of any legall way wherein the Law appoints the King to ſpeake and command, accompanied with the ſame evill Councell about him that he had before, by a verball command repuires Sir Iohn Hotham to admit him into the Towne, that he might diſpoſe of it, and of the Magazine there, according to his owne, or rather according ao the dleaſure of thoſe evill Counſellours, which are ſtill in ſo much credit about him: in like man­ner as the Lord Dygby hath continuall recourſe unto, and continuanne from the Queens Majeſty ie Holland, by which means he hath oppertunity ſtill to com­municate hss trayterous ſuggeſtions and concieptions to bosh their Majeſties, ſuch as thoſe wos concerning his Majeſties retiring to a place of ſtrength, and de­claring himſelf, and his own advancing of his Maieſties ſervice in ſuch a way be­yond the ſeas, and after that reſorting to his Majeſty in ſuch a place of ſtrength; and divers other things of tna nature, eontained in his letter to the Queens Ma­jeſty, and to Sir Lewes Dsves, a perſon that had not the leaſt part in this late buſineſſe of Hull; and was preſently diſpatcht away into Holland, ſoone after his Majeſtys returne from Hull, for what purpoſe we leave the world to judge.