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the safety whereof there is a higher trust re-
posed in them th*n any where else, antl they
are the proper judges of the danger thereof.—
This town and magazine being intrusted to sir
J. Hotham, with express orders not to deliver
them up but by the king's authority signified
by botli houses of parliament; his majesty,
contrary to the advice and direction of both
houses of parliament, without the authority of
any court, or of any legal way wherein the law
appoints the king to speak and command,
accompanied with the same evil counsels
about him that he had before, by a verbal com-
mand requires sir J. Hotham to admit him'into
the town ; that he might dispose of it, and of
the magazine there, according to his own, c#
rather according to the pleasure of those evil
counsellors, who are still in so much credit
about him; in like manner the lord Digby
hath continual recourse-unto, and countenance
from, the queen's majesty in Holland; by which
means he hath opportunity still to commu-
nicate his traiterous suggestions and concep-
tions to both their majesties; such as those
were concerning ' his majesty's retiring to a
place of strength, and declaring himself; and
his own advancing of his majesty's service
such a way beyond the seas, nnd;
resorting to his majesty in such a
strength;' and divers other things of that na-
ture, contained in his Letter to the queen and
tosirLewis Dives; a person that had not the
least part in this late business of Hull, and was

presently dispatched away into Holland, soon after his majesty's return from Hull: for what purpose we leave the world to judge.—Upon the refusal of sir J. Hotham to admit his maj. into Hull, presently, without any due process of law, before his majesty had sent up the narration of his fact to the parliament, he was proclaimed traitor; and yet it is said, L That therein there-was no violation of the subjects right, nor any breach of the law,, nor of the privilege of parliament,' though sir J. Hotham be a member of the house of commons: and 'that his majesty must have belter reason than bare Votes to believe the contrary.' Although the Votes of the lords and commons in parliament, being the great council of the kingdom, are the reason of the king and of the kingdom, yet these Votes do not want clear and apparent reason for them: for if the solemn proclaiming a man a traitor signify any thing, it puts a man, and all those that any way aid, assist, or adhere unto him, into the same condition of traitors, and draws upon him all the consequences of treason; and if this may be done by law, without due process of law, the Subject hath a very poor defence of the law, and a very small, if any, proportion of liberty thereby: ami ft is as little satisfaction to a man that shall be exposed to such penalties, by that declaration of him to be a traitor, to say, ' He shall have a legal trial afterwards,' as it is to condemn a man first and try him afterwards: and if there can be a necessity for any suob proclaiming a man a traitor without due

process of law, yet there was none in thiscst; for his maj. might have as well ejperted tHe judgment of the parliament, which was the right way, as he had leisure to send to them to demand justice against sir J. Hotham. Aod the breach of privilege of parliament is as dear, in this case, as the subversion of the subject; common right: for though the privilege? «' parliament do not extend to those cases, roestioned in the Declaration, of treason, refer, and breach of the peace, so as to exempt itf members of parliament fiorn punishment, Kr from all manner of process and trial, as it <tj'k in other cases; yet it dotli privilege thea a the way and method of their trial and poaiiment, and that the parliament should ba«tk cause first brought before them, that they tat judge of the fact and of the grounds of tic accusation, and how far forth the maimer « their trial may concern, or not concern, tS privilege of parliament; otherwise it would be m the power, not only of his majesty, bat rf every private man, under pretence of tress* or those other crimes, to take any man frus his service in parliament, and so as many, after another, »as he pleaseth; and, cossequently, to make a parliament what he'fe fter that [ and when he will; which would be a Lreaa place of j of so essential a privilege of parliament, e that the very being thereof depends npoti and therefore wc no ways doubt, butc one that hath taken the Protestation, «i& according to his solemn vow and oath, deSsw it with his life and fortune. Neither dotbir sitting of a parliament suspend all or any in, in maintaining that law which upholds tbepo vilege of parliament, which upholds the piiar ment, which upholds the kingdom: and we» so far from believing, 'That his majesty is tK only person against whom treason carina! ■ committed,' that, in some sense, wc iet«* ledge he is the only person against whom it* be committed; that is, as he is king; andu* treason which is against the kingdom isBS» against the king, than that which is agaissk' person, because he is king: for that very I son is not treason as it is against him as as but as a man that is a king, and as be hath illation to the kingdom, and stands as a pew* intrusted with the kingdom, and discfcirf* that trust.—Now the case is truly stated, «^ all the world may judge where the fault »; although we must avow, that there Cm •* on competent judge of this, or any the* case, but a parliament; and we are as erf dent, that his maj. shall never have can* * resort to any other court, or course, fa t» vindication of his just privileges, and fai* recovery and maintenance of his known a« undoubted rights, if there should be any sion or violation thereof, than to his hebcosof parliament. And in case those wicks* counsellors about him shall drive him is&"*J other course, from and against his parbaBftf whatever are his majesty's expressjom sod *• tcntions, we shall appeal to all men's **" scieuces, and desire that they would bj i**

hands upon their hearts, and think with them- self king; but such a one as, whatever his
selves, whether such persons, as have of late, title might prove, either in himself or in his
and still do resort to his majesty, and have his ancestors, should be received and acknowledg-
tar and favour most, either have been, or are
more zealous assertors of the true Protestant
Profession, (although we believe they are more
earnest in the Protestant Profession, than in
the Protestant Religion) or of the law of the
land, the liberty of the subject, and the privi-
leges of parliament, than the members of both
houses of parliament, who arc insinuate d to be
the deserters, if not the destroyers of them:
ind whether, if they could master this parliament
by force, they would not bold up the same power
:o deprive us of all parliaments; which are the
ground and pillar of the subjects liberty, anrl that
vliichonly maketh England a free monarchy.—
For the Order of Assistance to the Committees
ifboth houses; as they have no directions or
nstnvctions, but what have the law for their li-
nits, and the safety of the land for their cuds;
Ki we doubt not hut all persons mentioned in
hat Order, and all his majesty's good subjects,

• ill yield obedience to his majesty's authority
Unified therein by both houses of parliament:
ind that all men may the better know their
lutv in matters of that nature, and upon how-
urea ground they go that follow the judgment
if parliament for their guide, we wish them,
udicially, to consider the true meaning and
[round of that statute, made in the 11 Hen.
'. c. 1. which is printed at large in the end of
lis majesty's Message of the 4th of May.
his statute provides That none that shall at-
end upon the king, and do him true service,
hall be attainted or forfeit any thing.' What
'as the scope of this statute? To provide that
nen should not suffer as traitors for serving tlie
iug in his wars, according to the duty of their
Jlfcgiancc? If this hud been nil, it had been a
ery needless and ridiculous statute. Was it
hen intended, (as they may stem to take the
waning of it to be, that caused it to be print-
il after his majesty's Message) that they should
e free from all crime and penalty who should
allow the king, and serve him in war, in any
asc whatsoever; whether it were for or against
lie kingdom, and the laws thereof? That can-
it be, for that could not stand with the duty
f their allegiance; which, in the beginning of
his statute, is expressed' to be, 'to serve the
ing for the time being in his wars, for the de-
vice of him and the land;' and therefore if it
« agaiust the land, (as it cannot he under-
tood to be otherwise, if it be against the par-
ainent, the representative body of the king-
o<n) it is a declining from the duty of allegi-
ace; which this statute supposeth may be
one, though men should follow the king's
erson hi the war: otherwise there had been

* need of such a proviso in the end of this
tatute, 'That none should take benefit therc-
Jfi that should decline from their allegiance.'
That therefore which is the principal view in
his statute, is, 'The serving of the king for
he time being;' which cannot be meant of a
'erkin Warbeck, or any that should call him-

Vvn.IL

ed for such by the kingdom, the consent whereof cannot be discerned but by parliament; the act vv hereof is the act of the whole kingdom, by the personal suffrage of the peers, and the delegate consent of all the commons of England: and Henry 7, a wise king, considering that what was the case of Richard 3, his predecessor, might, by chance of battle, lie his own; and that he might at once, by such a statute as this, satisfy such as had served his predecessor in his war, and also secure those that should serve him; who might otherwise fear to serve him in the wars, lest, i>y chance of battle, that might happen to him also, (if a duke of York bad set up a title against him) which had happened to his predecessor, he procured this statute to be made, 'That no man should be accounted a tiaitor for serving the kiog in his wars for the time being;' that is, which was for the present allowed and received by the parliament on be» half of the kingdom; and, as it is truly suggested in the preamble of the statute, it is not agreeable to reason or con-.cience that it should be otherwise; seeing men would be put upon an impossibility of knowing their duty, if the judgment of the highest court should not be a rule and guide to them: and if the judgment thereof should be followed, where the question is. Who is king? Much more, What is the host service of the king nod kingdom? And therefore those that shall guide themselves by the judgment of parliament, ought, whatever happen, to be secure and free from all account and penalties, upon the grounds and equity of this very statute.—We shall concjude: That although those wicked counsellors about his majesty have presumed, under his majesty's name, to put thut dishonour and affront upon both bouses of parliament, as to make tlitim the comiteiianeeis of treason; enough to have dissolved all the bands and sinews of confidence betw een his majesty and his parliament, of whom the maxim of the law is,' That a dis-. honourable thing ought not to be imagined of them;" yet we doubt not but it shall, in the end, appear to all the world, that our endear veers lull e been most hearty aud sincere, for the maintenance of the true Protestant Religion, the king's just Prerogative, the Laws and Liberties of the Laud, and the Privileges of Parliament; in which endeavours, by the grace of God, we will still persist, though we should perish in the work; which, if it should be, it is much,to be feared. That Religion, Laws, Liberties, and Parliaments, would not be longlived after us."

Orders of Parliament against removing the Records to York, 4c] May 27. This day there was a report made in the house of lords, of a conference held the day before, in which the commons desiredj That since they were inform-' ed of the king's resolution to remove the next Term to York, some course migl c be taken ro 4 P

prevent the removal of the Records, at Westminster, to that place. Agreed to; and an Order was sent to all the keepers of the records, for that purpose.— I hey proposed, That a committee of lord* might be appointed to join with one of their house, to consider of some fit mean6 for the present defence of the kingdom. A committee of twelve lords was appointed accordingly.—They also informed the lords that they had received Letters from sir J. Hotham, and others, by which their lordships might see the Malignant Party were still working designs to disturb the peace of the kingdom. Then a Letter from sir J. Hotham to Mr. Hampden, was read, dated May the 25th, containing a design, by one Beckwith and others, to surprize the town of Bull; also another from the mayor of Beverley, to the same purpose. Ordered, That Mr. Beckwith shall be sent for as a delinquent.

The lords examined several messengers, sent down to take into custody the gentlemen who signed a late Petition to the king against removing the Magazine from Hull.* These declared, That they had served them all with the Order, most oi them personally ; and that those had shewn them the king's Warrant for not obeying that order. A copy of one of the Warrants was read as follows:

"C. R. We strictly charge and command TOO, Francis Wortley, knt. upon your allegiance, and upon pain of our heavy displeasure, hot to go or remove out of this county, upon any occasion or command whatsoever; hut to Ft ay and abide therein, to attend our sen-ice, as we shall direc t. And hereby we likewise charge all our subjects and officers, iif what quality soever, to forbear arresting or attaching you, Francis Wortley, as they will tender our royal reseutmeut at their peril. Dated at our court at York, April 28, 1642."

Further Instructions from the Purliument, to their Commissioners in Lincolnshire and at Hull,] This day the commons sent up a copy

jesty's service and the peace of the kiofte; which otherwise would have hcen raucli endangered: and that, upon the saine twos, what harh since been there done by him.hai been necessary in pursuance of diosc Directions; and is by us avowed, and approved »t,il warranted by the authority of parliament. ( You shall further take care, that such Kesoiolions and Oiders of both houses, as bavtktM shall be, sent down, be put in execution, * i shall require the sheriff, justices of peace, «i all other his majesty's officers aud lovingsoajects, to he aiding and assisting Udio ton W that purpose. 3. You shall take care, that» Forces be raised for the forcing the- To»osf Huli, or otherwise to disturb the pence ot :k kingdom: and, in case any be raised, juu-U require the sheriff, in the name of both l-ws^ to command them to disperse themselves; *.4,\ il they refuse so to do. that then the shenrl, bf the same authority, forthwith raise tlie pcnier* the county, for suppressing of them; and you •q| likewise by the same authority require thelal lieutenant appointed by the Ordinance oi pal] and in his absence, the deputy liciitenact • draw together the Trained-Hands, for tlie sistance of the sheriff in so doing. 4. Bets it is not improbable that, under pretence raising a Ouard for his majesty's person, knights, gentlemen, freeholders and otherthe inhabitants, may be drawn together the county of Lincoln, as we hear the; been in other places; you shall declare them and all others, That it hath ever ber^ and still shall be, the chief care and emit... of the parliament to provide for his «»■ safety: That they do not know, of any evilstended to his royal person, which sbouli him to take such a course: 1 oat his; safety is in the affection, duty, and faith; vice of his parliament; and his greatest in thus withdrawing himself from them, aim cccding in ways contrary unto (hem; so the disaffected and malignant party, colour of this service. CO about to raise 3

[graphic]

of some Instructions to the Committees of both i tion and a party against the parliament;

houses, appointed to go down into Lincolnshire and to Hull; which were agreed to by the lords, and were as follows:

Instructions for sir Edw. Ayscouah, knt. sir Christ. Wrny, sir Anthony Irhy, sir John Wray, sir Win. Armyn, Mr listener, and Mr. Broxholme, Committees of the House of Commons assembled in Parliament, or to any three of them.

*' You shall, in the name of us the lords and commons, declare and puhl sh unto the sheriff of the county of Lincoln, the knighrs, gentlemen, and others, his majesty's subjects in that county, That sir John Hotham was, by us commanded to secure the town of Kingston up on Hull, and the Magazine there, for his ma

• This petition, with the names of the principnl subscribers to it, will be found at p 1185.

hall endeavour to clear the proceeding of the larltaaierK from all imputations and asperioas; and shall, from time to time, ce/tify us >t all things you conceive necessary lor the prcent service: and, that we may have a speedy recount of it, and that our directions to yon, us ell us your advertisements to us, uniy have a lear and leady passage, you shall lay a strict Imrue upon aU postmasters, that they do not lifter any letters, or other dispatches, to or from le parliament, to be intercepted or stayed : and, 'any shall presume to make such stay of those ispatches, you shall direct the postmasters to ;pair to the justices of the peace, constables, nd all other ortircrs, for their aid and assistance; Im are hereby required to take special care itre may be no such interruption. T. Those f you that are Commissioners for Hull shall :pair there, as often as you shall see it needli fur preservation of that town. 8. You shall e careful to require the lord WiHougbhy of nrliain, lord lieutenant of the county of Linrtn, to send such numbers of the TrainedMinis and others, for the safeguard of the town f Hull, as you shall conceive to be needfull; renrding to the Order made by both houses in lat behalf. 9. You shall take the best courses iat may be, that all needful provisions be sent ) the supply of the market at Hull, as it is sual, without any stop or interruption by iter or land. 10. And, if you shall find any isaffected persons raising any paities or facials against the parliament, or spreading any :andals or nspcrsions upon their proceedings, ke to disturb the peace of the kingdom; you mil cause all such persons, upon good proof f their misdemeanors, to be arrested and sent p to answer their offences, as to law and I'ticc shall appertain. 11. You shall observe »d execute all such further Directions aud In. •-urns as you shall, from time to time, rerive from both houses of parliament. 12. Whereas it »ioth appear to the lords and commas, that the king, seduced by wicked couu(I, intends to make war against the parliament; icrefore, if any person whatsoever shall e.ndeaoor to levy any soldiers, or to draw together "y of the Trained-Bands, by colour or preface of any commissions from his majesty, nder the Great Seal or othewise, you shall retire a copy of such Warrant and Command; nd you shall in the name, and by the auliority, of both houses of parliament, require uch persons 10 forbear the execution of any BCD: and you shall command and require ail is majesty'* subjects to forbear to obey any uch command, till you shall have sent up the opy thereof to the parliament, and receive otther directions from the lords and cornsons therein': It is also ordered by the lords "d commons in parliament, That Francis »td Willoughby of Parhatn, lord lieut. of he county of Lincoln, shall be careful, from itne totiine, to supply and relieve the town >fHull; and that, upon any letter or request n ulo unto him' by sir J. Hotham, or any 4 of h« Committee of both houses there residing.

13. Whereas, by Order of the lords and commons in parliament, made the 28th of April last, the carl of Stamford, the lord Willougliby1 of Parham, sir Edw. Ayscough, sir Christ. Wiay, sir S. Owfield, and Mr. Hatcher, were1 appointed to repair to the county of Lincoln, and from thence to Kingston upon Hull; and, if there should be occasion, to any other part of Yorkshire, for the performance of certain Instructions therein expressed, as bv that Order, and Instructions thereunto arneicd, doth and may appear: It is this day orGcred, That the Conner Order above mentioned shall still continue in force, and that sir Win. Strickland, Mr. Allured, Mr. John Hotham, Mr. Peregrine' Pelham, and Mr. Wharton, shall be added to the former Committee; and that the said earl of Stamford, the lord Willoughby of Parham, sir Edward Ayscough, sir C. Wray, sir S. Owfield, Mr. Hatcher, sir W. Strickland, Mr. Allured, Mr. J. Hotham, Mr. Percgiine Pelham, and Mr. Wharton, or any 4 of them, shall have full power to put the said furementioncd Order aud Instructions into execution: as likewise1 the Instructions under written, and all other Instructions which they shall hereafter receive from both houses of parliament. 1st, They1 shall.assist sir J. Hotham, governor of Hull', with their best counsel and advice, and by all other means, for the safe keeping of that town for the security of the king and kingdom, in' such manner as shall be requisite. 2oly, 1 hey shall take care to write to the lord lieut. of Lincolnshire, to send into Hull, for the defence thereof, such further supplies of Trained-Bands and others, as they find needful for the preservation of the town. 3dly, They shall be careful, that the remainder of the Magazine, thought fit to be stayed there for the defence of that town, be preserved from wastes and embezzling; and that a perfect account shall be kept of whatsoever arms, powder, or ammunition, shall be taken out by warrant from the" governor, and how the same is employed. It lily, If the ships laden with the Magnzine be' not gone, you arc to hasten it as much as may be, and you shall require the captains of the other two ships appointed for the better security of Hull to remain there, and diligently to attend their charge: and yon shall let those captains know, as likewise the other officers and the companies of the said ships, how well their readiness in this service of the king and kingdom is taken by both houses of parliament, aud you shall give them therein all due and fit encouragement. Sthly, Whereas there was, heretofore, an' Order made, That 500 arms, half of them pikes and corslets, and the other half muskets, borrowed of the county of Lincoln, aud employed in his majesty's service at Berwick, should be restored out of the Maga' zine at Hull, according to his majesty's promise and direction in that behalf. 6thly, You shall desire sir J. Hotham to give present otder thatthe like number of Arms, with swords and other furniture appertaining to so many pikes, corslets, and muskets, shall be forthwith delivered to such person or persons as shall be appointed by the lord-licut. of tne county of Lincoln, or any two of the deputy lieutenants thereof."

A CummiUre appointed to consider of Means to prevent a Civil [I'ar.J May 27. p. m. A message was brought up tram the commons, to desire that the joint-committee, before appointed to consider of proper means tor the present defence of the kingdom, might have power to take into consideration all things to procure and preserve the peace thereof, and to prevent a Civil War. Agreed to by the lords. Accordingly, the next day the earl of Northumberland, from the said committee, exhibited a draught of some Propositions, fit to be presented to the king; which were commanded to be read, and some alterations were made in them. They were then but 14 in all, but being sent down to the commons, they were by them increased to IP Articles, as will be seen in their proper place.

Order to stop Arms and Ammunition going to York.J An Order was agreed to by both bouses, directed to the sheriffs and others of the several counties, w ithin 150 miles of York, to take care to stop all Arms and Ammunition carrying to that place. Likewise another to suppress the raising and coming together of any soldiers, horse or foot, bv any warrant, otvler, or commission, from the king, &c. The preamble to these Orders begins thus, "Whereas it appears that the king, seduced by wicked counsel, intends to make war against his parliament, and under colour of a Gutird, doth command troops, both of horse and foot, to assemble at York, &c. *"

The Mugazine of Hull brought to London.! May 30. The lords were informed by the lord admiral, That he had received a Letter from the carl of Warwick, by the captains of the ships which brought the Magazine from Hull to Loudon, that the said captains desire to he discharged from any further care of it; and he moved that a warrant might be granted for receiving the' said Magazine into the Toner. The captains were called in, and, after having the thanks of the lords, for their care and diligence in this matter, they were recommended, with their seamen, to the commons, for some gratuity, to encourage others to do the like.

Lord Keeper Littleton's Petition to the Isords.] A Petition from the lord keeper Littleton w as read, in these words:

To the right lion, the Loup* assembled in Parliament: The Humble Petition of Kdvvard Littleton, Lord Keeper of the Great Seal, "Sheweth, That, in his person, he is very willing to submit to your lordships Order of the '23d of this instant May, so far as is possible for him to perform, he being in so weak a condition of body, as appears by the Affidavit an

* These Orders are at length in Rushworth, vol. iv. p. 721, 2. and in Husband's Collecs, p. 399, &c.

nexed, that he is not able to travel tons*

Westminster without danger of bis life: and further beseecheth your lordships to be informed of this truth, that Saturday last, about 2 o'clock in the afternoon, was the first tine that he ever heard of his going to York; vhai he received his majesty's commands, trader to sign manual and privy signet, to take liisjoomej immediately, without reply or delay, tonus York, and keep the same secret, whereunto!* was enjoined upon his allegiance and fidefe; and other obligations; which he taking inn his consideration, with his oaths fomnerlj tale, conceived he was bound in conscience toobtj; and doth humbly beg your lordships pank* for not asking leave, which he could not possbly do, the house not sitting till Monday, tad himself enjoined to take his journey instant!'. And he further taketh the boldness to tnibna your lordships, that the king's majesty huh expressly commanded him, upon his allegiance, not to depart from him. And, lastly, txseccheth your lordships to continue him a your good opinion until he shall advise, or coosent unto, any thing against the public pod of this commonwealth; and be shall daily pm for your lordships increase of happiaess.Edward Littleton."

The Affidavit above referred to.

"Tobias Pcaker, servant to the lord keeper, makcth oath, That upon Mouday night last, being the 23d of this instant May, he cooceiwi that his lord would then have died; and ttot he is at present troubled with divers ionrmir* and diseases, so that he is not able to tnsi without endangering of his life."—The consideration of this Petition was deferred to as-> ther time.

, The King's Anstcer the Parlianent'ttttition for disbanding his Guard.] Then ta lord Wharton, sneaker of the house of per" in the absence of the lord keeper, acquaint^ the lords that be had received a Letter frus. the king, commanding him to communion the inclosed to thein; w hich was an Answ to a Petition of both houses, concerning tl* disbanding of his Guard, which had been presented to him at York, May 22, along "'O those Votes of both houses wherein it was declared, That the king intended to make «» against the Parliament. The Answer was a these words:

"We cannot but extremely wonder, that the causeless jealousies concerning us, raised and fomented by a Malignant Party in t» kingdom, which desires nothing more than u snatcb to themselves particular advantages at of a general combustion, (which means of advantage shall never be ministered to data our fault or seeking) should not oal» kaeW* to seduce a weak party in this our ttajdass, but seem to find so much countenance eves from both houses; as that.our raisBg * * Guard, without further design thaa . safety of our person, (an action so legal, *■ manner so peaceable,' upon causes » evafe*1

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