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>n take some speedy course that our said town id Magazine he immediately delivered up ito us; and that such severe exemplary pro■edings be against those persons, who have I'cred us this insupportable affront and injury,
by the law is provided; und till this he >nc, we shall intend no business whatsoever, her than the business of Ireland: for if we c brought into a condition so much worse in any of our subjects; that, whilst you all joy your privileges, and may not have your ssessious disturbed, or your titles questioned,
only may be spoiled, thrown out of our vns, and our goods taken from us; it is time examine how we have lost those privileges;
I to try all possible ways, by the help of d, the law of the land, and the affection of 'good subjects, to recover them, and vindie oursclf from those injuries. And if we
II miscarry herein, we shall be the first ice of this kingdom that hath done so; hnv
no other end, but to defend the true Proant Profession, the Law of the Land, and
Liberty of the Subject; and God so deal b us, as we continue in these resolutions, en at our Court at York, April 28tb, 164 2." 7/e King's Reasons for re/using to puss the fitia Bil/J] The second Message ran thus:
We have, with great deliberation nnd pace, weighed and considered (it concerning audi to weigh the consequences of every before we pass it) your bill lately sent to Jr the settling of the Militia: anil though ith not been usual to give any reason for refusal to pass any bill; (it being absolutely ur power to pass or not y»a any act sent i us by you, if we conceive it prejudicial to elf, or inconvenient for our subjects, for rn we arc trusted, and must one day give ccount) vet in this business of, the Mi"bich being misunderstood amongst our subjects, liuth been used as an argument, we were not vigilant enough lor the
so for that the power was put into the persons nominated therein by direction of both houses of parliament, excluding us from any power in the disposition or execution of it together with you. We then advised you, for many reasons, that a bill should be prepared; and after, in our Answer of the 20th of March last to the Petition of both houses, we told you, if such a bill should be prepared with that due regard to us, and care of our people in the limitation of the power and other circumstances, we should recede from nothing we formerly expressed. What passed (enough to have discouraged us from being further solicitous in that argument) after our full and gracious Answers, we are content to forget.—When we resolved on our Journey into Ireland (so that by reason of our absence there might be no want of settling that power, besides complying with your fears) we sent, together with a Message of that our purpose, a Bill for the settling that power for a year; hoping in that time to return to you; and being sure that, in much less time, you might do the business for which you seemed at first to desire this; which was, That you might securely consider our Message of the 20th of Jan. last. By that bill we consented to those names you proposed in your Ordinance; and, in the limitation of the power, we provided that ourself should not be able to execute any thing but by your advice; and when we should be out of the kingdom, the sole execution to he in you; with many other things of so arbitrary and uncircumscribod a power, that we should not have consented to, but with reference to the absence of our own person out of the kingdom; and thought it the more suffcruble, in respect the time was but for a year; whether Iiiis be the bill you have now sent us to pass, let all the world judge.-—Yon have, by this bill now tendered to us, without taking nolice of us, put the power of the whole king
lc safety: nnd lest nc should lie thought (loin, the life and liberties of the subjects of all provision, the present lord mayor of London, | ignorant of what passed in it; and tbatuoM
constant in our resolutions, and this bill e the same we sent unto you, we have ght fit to give you, and all the world, par»r satisfaction why we cannot, ought not,
not, pass this bill; being the lirst public to our remembrance, we have refused this uncut: and therefore we must complain,
having expressed oursclf so clearly and cularly to you in this poiut, you should press [lung upon us, which you could not but ee tiiat we must refuse; except we departed
those resolutions, grounded upon so much in, we had so earnestly before acquaintou with, and against which you have not
one argument to satisfy our judgment.— ;tre pleased that you have declined the irrnntable course of your Ordinance, (to rhich we are confident our good subjects d never have yielded consent) nnd chosen >nly right way of imposing on our people, i we would have allowed but for the reaereafter mentioned.—We refused to conto Vour Ordinance; as for other things,
degrees nnd qualities, into the hands of particular men for two years. Can you imagine we will trust such an absolute Power in the hands of particular person", which we refused to commit to both houses of parliament? Nay, is not the power itself too absolute, too unlimited, to be committed into any private hands? Ilalh not sir John Hothnm s high insolcncy shewed us what we may expect from an exorbitant legal power, when he, by a power not warranted by law, dares venture upon a treasonable disobedience ?—But we would willingly know (and indeed such an account in ordinary civility we might have expected) why we are, by this act, absolutely excluded from any power or authority in the execution of the Militia? Sure your Fears and Jealousies are not of such a nature, as are capable of no other Remedy, than by leaving us no power in a point of the greatest importance in which God and the law hath trusted us solely; and which we were contented to share with you by our bill, by putting it, and a greater, into tin hands of particular subjects. What wpuld all Christian princes think of us, after wc had passed such a bill? How would they value our sovereignty? And yet sure our reputation withforeign princes is some ground of your security: Nay, we arc confident, by that time you have thoroughly considered the possible consequence of the bill upon yourselves, and the rest of.our good subjects, you aud they will give us thanks for not consenting to it; finding their condition, had it passed, not to have been so pleasing unto them. We hope this animadversion will be no breach of your privileges. I(i this throng of business, and distemper of affections, 'tis possible second thoughts may present somewhat to your considerations which escaped you before.—We passed, this parliament, at your entreaty, a bill concerning the Captives of Algiers; and waved many objectionsof out own to the contrary, upon information, that. the business had been many months considered by you. Whether it prove suitable to, your intentions, or whether you have nor, by some private orders, suspended that act of parliament, upon view of the, mistaking?, you best know; as likewise what other great alterations you have made in other bills parsed this sessions. We cannot pass over the putting their names out of this Bill whom, before, you recommended to us in your Ordinance; it seems not thinking fit to trust those who would obey no guide but the law of the land; (we imagine you would not wish we should, in our estimation of others, follow that your rule) and the leaving out, by special
destructive counsels and advice of evil and wicked men about the king; therefore tudfsirc them that the parliament might speedily outsider of naming those ill counsellors; and.that some course may be taken to have then), whensoever they are within the king's dsmitwtM, that so they may be brought to condigu puunbment.—This conference being, held, and ;(* commons returned to their own house, thtr soon alter sent up a message to the larch,importing, That they did agree in the matter ci the last conference, about the king's tut) Mesages; and had appointed a committed.' members to join with another of the tanks consider what was -fitting to be done io thi| business; with a larger power to take ise consideration also, any thing else winch n» cerns the safety of the kingdom ; and that Jz* might meet immediately. Also the cotnoai dosired their lordships would put tbeOidiBaaa for settling the Militia, into present cxecaua. The lords agreed to both these articles, ui ordered accordingly: Notwithstanding wtei the execution thereof went on. bat.slowtjj some of the lords, appointed lieutenants thaw i in, not being fond of their new oficcs. H we find, by the Lords Journals, that the mi of Hertford, who had been nominated Ikss nant of the county of Somerset, sent ami to the lords, That he should he very glad: obey the house, and to serve the comma wealth in what he may; but desires, at til time, to he excused accepting of the lie** nancy, for this reason, That he was cot at di debate of the Militia, and therefore is utwij
as a person in your disfavour; whereas we most tell you, his demeanor has been such, that the city and the whole-kingdom is beholden to him for his example. * —To conclude; wc do not find • ourself possessed of such an excess of power, that it is fit to transfer, or consent it should be in other persons, as is directed by this bill: and therefore we shall rely upon that royal right and jurisdiction, which God and the law hath given us, for the suppressing of, rebellion, and resisting foreign invasion, which bath preserved this kingdom in the time of all our ancestors, aud which we doubt not but wc shall be able to execute: and not more for our own honour and right, than for the liberty and safety of our people, we cannot consent to pass this Kill."
Tbo two foregoing Messages being read, the lords took them both into serious consideration, and resolved to have a conference with the commons about them. The lord keeper was appointed to open the conference, and the carl of Essex to tell the commons, That this house conceived these Messages proceeded from the
* Sir Richard Gourney, who had remarkably distinguished himself against the tumults raised about the time of passing the earl of Strafford's bill. He was aft rwards removed from his office of lord mayor, &C. by the parliament.
the kins; gives his consent tp it, he hopes thai lordships will uot impose it upon him: haw upon the earl of Bedford was appointed E»j Place. The lord Strange desiring to be e* cused from accepting the lieutenancy a Cheshire, and the earl of Cumberland t: | Westmoreland, the lord Say and Sele««a^ minated to the one, and lord Hastings toihj other. The earl of Lincoln declared o.va ready to obey the commands of pariu i3« but, in regard that no counties were Hind but that of lincoln, he desired to be eicaa hereupon the lord Willoughhy of Parhaa e»j appointed lieutenant of that whole war The lord Paget, also, who had accents' lieutenancy of Buckinghamshire, (andcm" pointed his deputies, as Mr. Whitlorke id' us) threw up his commission. Tbs iui4M most zealously, concurred with the padooaj in all their late measures: the Reasons'' sudden change of conduct will appear, his own Letter in the sequel.
The Parliament's Second Dcclaratm £» cerning Hull.'] Another conference w» * day held between the two houses, in irtarh* commons presented a second DuloanH which had passed their house, to whata*? desired the lords concurrence. ItaraW1*8 effect:
"The lords and commons in this \— liaiuont, being informed that, upon the his Instant April, his majesty repaired to the own of Hull, and demanded it to be delivered Ip to him; and being denied by sir J. Hothum, ippointcd by both houses to keep that town, ur die snt'ety and peace of the kingdom, his nijestysaid, ' That if sir J. Hotham would not :t him into the town, he would raise the 'raincd-Hands and force him to it.' And ein» further informed, That, shortly after, the aeriff of Yorkshire did receive a Message intimting a command from his maj. to raise the raincd-Bands and power of the county; and Kit the justices of the peace, and gentlemen i it, have been summoned to attend his maj. I York, as they have cause to believe, for the line purpose; to the great terror of his masty's subjects in those parts, and the disturbice of the public peace: the lords and comans do declare, That the said command to le sheriff, and the summoning the justices of ;ace, &c. to the purpose nforesaid, is against i laws of the land, and the liberty of the subct; and very derogatory from the honour and twer of the parliament, now sitting, being bis •jesty's crest council, and most ready and Ming to advise and assist him in all things that try tend to the honour and safety of Ins pern, the weal and happiness of the church and ite. And they further daclare, That if any Tsoos whatsoever, in the said county of York, elsewhere, shall advise or assist in the raisf of any forces to the purpose above, they all he deemed Bs disturbers of the common ace, and enemies to the king and state; and all receive such severe punishments as, by e laws of this land, are to he indicted on otiders of soch high nature."—Agreed to by t lords.
A Counter Petition to the Kin/; from others the Yorkshire Gentry, Ac.] May 8. At a nference held this day, the commons preited to their lordships cons'uleraiion, a Peion delivered to his majesty, by some of the ishts, gentry, and freeholders of the county York. This Petition was framed on a dif*nt system from the last; representing that
the work of a few gentlemen only; who )k upoa thein to anticipate the demonstrates of duty, which they were informed both OSes were preparing to lay before the king,
his resolutions thereupon, directly opposite the Petition from parliament, about remov| the Magazine from Hull, and tending to sent divisions between the king and his great uncil. They desired his majesty to apply nself to aH good ways df union; that those tics, which, by the laws of God and man, 7 owed, and which were expressed in their t Protestation, might not become a divided >position; since the defence of his majesty's rson, honour and estate, the power and rrileges of parliament, and the lawful rights d liberties of the subject, taken jointly, did
serve to strengthen each other, which they >uld equally labour to preserve to the utmost their powers, lives, and estates.—After this, ire read some Propositions made by the king
to those Yorkshire gentlemen, and their Answer to them. The substance of the first was, To know whether they would defend his majesty's royal person from violence, according to their duty, or not? And to have their advice concerning his not being admitted into his town of Hull; how his majesty may. be vindicated in his honour for the affront; and how he may be put in possession of his own. > To which they answered,
"May it please your most sacred majesty; We shall be ready to defend your majesty's person from violence, by all such whys as the laws and our duty binds us: and for the mean* to vindicate your majesty's honour, and put you into possession of your town, we conceive the best advice we can offer is, hnmbly to desire your maj. to hearken to the counsel of the parliament; who, we assure ourselves. Will be careful of your majesty's person and honour, and to whom you have been pleased to direct a Message."
A Committee of both Houses appointed to go into Yorkshire.] On consideration of these, the commons said, "That they desired the lords to join with them in returning thanks fO the Yorkshire gentry, for their conduct in this affair, and especially to the then high sheriff, sir Rd. Hutton, sir H. Cholmley, and Mr. Pelham, two members of their house. Like vise the commons said it was fit and necessary to send down some of their members, as a committee, into Yorkshire, with instructions from both houses; and they leave it to their lordships judgment, whether they would send any members of their house to join with them. Lastly, They desired that the committee of both houses, last appointed, might mccf and expedite the Answer to the king's two last Messages concerning Hull, tic." All this w as agreed to by the lords; and the lord Howard of Escrick was appointed to go with a committee of the commons to York.
The K. if Ormond's success in Ireland.] Thb day the relation of a great victory, obtained by the English against the rebels in Leiivster, was read in the commons, and ordered to bfe forthwith printed. ■ Mr. Pym was also desirctf to prepare a Letter, to be sent t-> the earl of 1 Ormond, in acknowledgment of his great ser1 vice done therein. The commons afterwords I ordered 5001, to be laid Out in a jewel hs B | present to his lordship; and Mr. Goodwin #as I sent to the lords, to desire them to join in a Petition to the king to make the said ear! a knight of the garter.
The twelve 'bishops hailed.] May 5. On the humble Petition of the 19 Bishops, imprisoned now in the Tower above 18 weeks, they were released by the lords, Upon bail. The abp. of York .and his sureties were found in 5000/. and he ordered not to go to his diocese during the disturbances in that countv.
The Parliament's Answer to ihe King's Refusal to pass the Militia BUI.] The lords, having considered the con mons Declaration concerning the Militia, made some small amendments to it; which being agreed to, it was this day read in the house of lords in hsc verba:
"The lords and commons holding it necessary, for the peace and safety of this kingdom, to settle the Militia thereof, did, for that purpose, prepare an Ordinance of parliament; and, with all humility, did present tho sumo to his majesty for his royal assent; who, notwithstanding the faithful advice of his parliament, and the several reasons uttered by them of the necessity thereof, for the securing of his majesty's person, and the peace and safety of his .people, did refuse to give his consent; and thereupon they were necessitated, in discharge of the trust reposed in them as the represcntative body of the kingdom, to make an Ordinance, by authority of both houses, to settle the Militia, warranted thereunto by the fundamental laws of the land: His maj. 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 the 26th of March, 'That he always thought necessary the same should he 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 sot standing with his honour to consent to; and that himself was excluded the execution, and for a time unlimited:' Whereupon the lords and commons (being desirous to give his maj. all satisfaction that might bo, even to the least tittle of form and circumstance) when his maj. was pleased to offer them a bill ready drawn, did, for no other cause than to manifest their hearty affection to comply with his majesty's desires and obtain his consent, entertain 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 3 particulars, namely, Rebellion, Insurrection, and foreign Invasion; and returned the same to his majesty for his royal assent. But all these expressions of affection and loyalty, all these desires and earnest endeavours to comply with his majesty, have, to their great grief and sorrow, produced no better effect than an absolute denial even of that which his majesty, by his former Messages, as we conceive, had promised; the advice of evil and wicked counsels receiving still more credit with him than that of his great council of parliament, in a matter of so high importance, that the safety of his kingdom, and the peace of his people, depends upon it. But now, what must be the exceptions to this Bill? Not any sure, that was to the Ordinance; for a care was taken to give satisfaction in all those particulars. Then th« exception was, Bevauie that
the disposing and execution thereof wis referred to both houses of parliament, and bis maj. excluded: and now, That, by the bill, tbt power and execution is ascertained and reduced to particulars, and the law of the reals made the rule thereof, his maj. will Out iru>; the peraoirs: the power is too great, too saltmited to trust them with. But what is thai power? Is it any other, but in express terms to suppress Rebellion, Insurrection, and foreka Invasion? and who are those persons: ire they no: such as w ere nominated by the grot council of the kingdom, and assented to by his majesty? and is it too great a power tn trust those persous with the suppression a Rebellion, Insurrection, and forcigu Invasion: surely the must wicked of them that advised he majesty to this Answer cannot suggest but that it is necessary, for the safety of bis majest/i royal person and the peace of the kmgdoa, such a power should he put in some Uaud-and there is no pretence of exception to tat persons.—His majesty, for the space of abort 15 veal's together, thought not a power far eicceding this to be too great to intrust partieslar persons with, to whose will the lives us liberty of his people, by martial law, wen made subject; tor such was the power giveo It lord lieutenants and deputy lieutenants a every county of this kingdom, and that without consent of his people or authority * law: but now, in case of extreme necesrn, upon the advice of both houses of parliament, for no longer space than two years, a lean power, and that for the safety of king audpe* pie, is thought too great to trust particular per sons with, though named by both houses of f» liament, and approved of by his maj. himstH. —And surely, if there be a necessity to sftta i lie Militia, (which his maj. was pleased to unless) the persons cannot be intrusted with It* power than this to have it at all effectual. s4 the precedents of former ages, when there tap* pened a necessity to raise such a power, no" straitened that power to a narrower coinpOi w itness the Commissions of Array in seven! king's reigns, and often issued out by the Cmsent and authority of parliament.—The !<*■ and commons therefore, intrusted with th» safety of the kingdom and peace of the peopl (which they call God to witness is their oef aim) finding themselves denied these their * necessary and just demands, and that thereat never be discharged before God or man, if ti*f should suffer the safety of the kingdom aa* peace of the people to be exposed to the malm of the malignant party at home, or the re? of enemies from abroad: and knowing no od* way to encounter the imminent and appro** ing danger, but by putting the people as a fit posture of defence, do resolve to put tte» said Ordinance in present execution; and is require all persons in authority, by virtue ol d* said Ordinance, forthwith to put the sua* in execution, and all others to obey it, according to the fundamental laws of the kingdom i» such cases; as they tender the uphol&f *
that you will see just cause of joining with your parliament, in preserving and securing the peace of the kingdom; suppressing this wicked and malignant party, who, by false colours and pretensions of maintaining your majesty's prerogative against the parliament, wherein they fully agree with the rebels in Ireland, have been the causes of all our distempers and dangers.'—For prevention whereof we know no better remedy, thai) settling the Militia of the kingdom according to the 13111 which we novo sent your majesty; without any intention of deserting or declining the validity or observance of that Ordinance, which past both houses upon your majesty's former refusal; but we still hold 'hat Ordinance to be effectual by die 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, by God's blessing, will prove very advantageous for the honour and greatness of your majesty, and the safety and peace of your people; amongst which we know none more likely to produce such good effects, than a Declaration from your maj. of your purpose to lay aside all thoughts of going into Ireland; aud to make a speedy return into these parts, to be near your parliament: which, as it is our most humble desire and earnest petition, so shall it be seconded with our most dutiful care
the true Protestant religion, the safety of his majesty's person and his royal posterity, the peace of the kingdom, and the being of this rommon-wealth."
This Declaration wag ordered to be forthwith printed and published, and warrants were ssued for exercising the Militia, throughout he kingdom.*
The Parliament's Ansu-et; to the Kinii's Mcs■ages concerning Sir John llolha/n.] Next the insBcr to the King's two Messages about sir I. Hotham and Hull was read, and the Coninissioners Instructions, which were both as allows:
'he most Humble A\'web of the Lords and
lould be enabled to go through with their | for the safety of your royal person; and coniischievous intentions, did (in discharge of the 'eat trust that lies upon us, and by that J«er which, it; cases of this nature, resides in >) command the town of Hull to be sccuicd f a garrison of the adjoining Trained Bauds, ider the government of sir J. Hol'^-iu; rearing him to keep the same for the si n ice, of >ur moj. and the kingdom; wherein we have me nothing contrary to your royal sovereignty i that town, or legal property in the magazine, pon consideration of sir j. Hotham's pro:udings at your majesty's l.eiug there, we ive, upon very good ground.*, adjudged, That (could not discharge the trust upon which, >r make good the end for which, he was aced in the guard of that town and magazine, he had let in your majesty, with such couullors and company as were then about you.— herefore, upon full resolution of l oth house, e have declared sir J. Hotham to be clear of iat odious crime of treason; and have avowi, That he hath therein (lone nothing, but in jedience to the commands of both houses of trliament; assuring ourselves, that, upon mairc deliberation, your maj. will not interpret s obedience to such authority to be an affront i your majesty; or to be of that nature as to iquire any justice to be done upon him, or itisfaction to be made to your majesty; but
* Lord Clarendon observes hereupon, That lis being the first Order for printing, without previous communication or presentment to c king, his majesty was much troubled how take proper notice of it.
slant prayers that it may prove honourable aud successful, in the happiness of your majesty and all your kingdoms."
The Parliament's Instructions to the Yorkshire Committee.] Theu follow the Instructions, viz.
Instructions for Edw. lord Howard, Ferdinando lord Fairfax, sir Hugh Cholmley, sir Philip Stapylton, sir Henry Cholmley, Committees of both Houses of Parliament, or any three of them.
1. " You shall, in the name of both houses, declare and publish unto the sheriff of the county of York, the knights, gentlemen, and others, his majesty's subjects in that county, T hat sir J. Hotham was, by us, commanded to secure the town of Kingston upon Hull, and the Magazine there for his majesty's service nnd the pence of the kingdom, which, otherwise, would have been much endangered; and that, upon the same reason, what hath since been done there by him hath been necessary in pursuance of those directions; and is by us avowed and approved of, as warranted by the authority of both houses of pari. 2. You shall further take care, that such Resolutions and Orders of both houses, as have or shall be sent down, be put in execution; and shall require the sheriffs, justices of the peace, and all other his majesty's officers and loving subjects, to be aiding and assisting unto you for that purpose. 3. Yon shall take care, that no forces be raised for the forcing the town of Hull, or otherwise to disturb the peace of the kingdom; and, in