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authority_n act_n declare_v parliament_n 2,752 5 7.0572 4 false
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A91283 A soveraign antidote to prevent, appease, and determine our unnaturall and destructive civill warres and dissentions. Wherein divers serious considerations tending to this purpose are propounded both to the King and subjects, the Parliaments and Sir Iohn Hothams proceedings at Hull and in the militia justified, Sr Iohn Hothams actions proved to be neither treason, felony, nor trespas, by the laws of the land, nor any just ground or cause at all for his Majestie to rayse an army, or a most unnaturall civill warre in his kingdome. With a most serious exhortation both to the King and subjects to embrace and preserve peace and abandon civill warres, with other matters worthy of consideration. Prynne, William, 1600-1669. 1642 (1642) Wing P4086A; Thomason E239_6; ESTC R19412 26,708 37

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was to endure only among the Queenes l●fe as appeares by the 〈◊〉 in it whereby they enact that if any person or persons 〈◊〉 discover do unlawfully 〈◊〉 or t●eir owne Authority which is none of Sir Iohn Hothams case who did nothing but by order of Parliament compasse imagine conspire or advise 〈◊〉 wayes or meanes wit fo●ce or craft c. Maliciously or Rebel●iously which he did not but by authority of Parliament to take detaine or keepe from the Queene any of her Castles Towers Fortresses or holds c. And do advisedly by any expresse word speech act deed or writing utter or declare his said malicious and rebellious intents that then every pe●son or persons so offending in the Premises being thereof lawfully convicted according to the Lawes of the Realme shall be adjudged a Felon ● Felons and suffer paines of death as in cases of Felony c. And if any person or persons do at any time hereafter with force Maliciously and Rebelliously which is none of Sir Iohn Hothams case who did all by the Parliaments command detaine keepe or with hold from the Queenes Majestie any of her Castles Towers Fortresses or holds within the Realme or any of her Dominions or Countries or Marches of the same or do Maliciously and Rebelliously or with force detaine keepe or with-hold from her Maiestie any of her Ships Ordnance Artillery or other Munitions or Fortifications of Warrs and do not render and give up the same to our Soveraigne Lady or such persons as her Majestie shall appoint to receive the same to her use within six dayes next after he or they so offending shall be commanded by our Soveraigne Lady the Queene by open Proclamation under the great Seal of England to be made in any place or Market Towne within the County where any such offence shall be committed c that then every person or persons so offending their Ayders Counsellors and Abbetters being thereof Lawfully convict according to the Lawes of the Realme shall have and suffer such paines of death and also shall forfeit and lose as in cases of high Treason limitted and acustomed By this expired Act which was to continue onely during the Queenes life it is evident First that this detaining of the Kings Castles Forts Ships and Ammunition is no Treason within 25. 6. 3. for then this Law had beene idle and superfluous especially being to continue but during the Queenes life and so there can be no Treason at this day in Sir Iohn ●othams Act Secondly That no detaining or with-holding of such Castles Forts Ships and Ammunition is Treason within these particular acts but that which is done maliciously and Rebelliously and continued six dayes after a Proclamation under the great Seale and proclamed in the Cou●ty to deliver them up unto the Queene or her substitutes for her use Now Sir Iohn Hotham detained Hull and denyed his Majestie to seize and enter it not Maliciously and Rebelliously but in obedience to the Parliaments command which intrusted him to keepe it for the present both for the King and Kingdomes use for the prevention of Civill-warres and danger to the Realme and the excluding of forraigne forces which might be landed there neither did his Majestie make any Proclamation under his great Seale or give him six dayes space to deliver it up Therefore this Act of his is and can be no Treason neither within the particular expired forecited Acts were they in force much lesse within 25. E. 3. which extends not to this case And so his Majestie was utterly mistaken in the Law in proclaming Sir Iohn Hotham Traytour and declaring this act of his to be Treason of his owne head without consulting with his Judges or Councell learned in the Lawes who would questionlesse have informed him That this Act of his is now neither Treason nor Felony by the Law had he done it of his owne voluntary accord much lesse seeing he did it onely by the Parliaments direction and command as their Servant for the common safety of the Realme exclusions of forraigne forces and Artillery and prevention of an intended Civill-warre without any thought of the least disobedience or disloyalty to his Majestie into whose possession he declared he was and is ever ready to surrender up the Towne as soone as the Parliament shall command him In a word the Scot● late seizing upon all his Majesties Townes Castles in Scotland and on New castle here and detaining them against him after demands hath by his Majestie and both Kingdomes in Parliament beene tacitly if not expresly resolved and declared to be no Treason being done for the publique peace and safety of the whole Realme of Scotland and England Therefore much more must Sir Iohn Hothams seising but of Hull one single Towne and his detaining it for a season onely for his Majesties and the Kingdomes use and the peace and safety of the whole Kingdome and that by the Parliaments expresse command as their Instrument be adjudged no Treason Felony no nor Misdemeanor And since both Houses of Parliament the only proper Judges of Treason to whom both the King Sir Iohn appealed for justice have upon full hearing and debating of the cause voted and adjudged it to be no Treason or offence and published these their Votes in print to all the world I cannot discerne how by any Law his Majestie or his Malignant Counsellors can possibly fasten any charge of Treason Felony or Misdemeanour on Sir Iohn but must all conclude him to be an innocent Noble and weldeserving Gentleman for so faithfully and couragiously discharging the trust reposed in him by the Parliament for the whole Kingdomes peace and security and his Majesties safety too As for his late drowning of the Country about Hull to the spoile of much Grasle Corne and great prejudice of particular men with which his Majestie chargeth him in his last Letter to the Houses it is onely for the better preservation and defence of Hull for the common safety and therefore he may by Law justifie this Act even as men in times of Warre may justifie the burning or demolishing of a Suburb for the whole Cities safety and the making of Forts and Trenches in another mans ground for to resist an invading Enemy Which I have formerly proved Lawfull by our Law-bookes Moreover this drowning was through his Majesties owne occasion on whom the blame must originally rest who came to beseige Sir Iohn Hotham as a Traytour and take Hull out of his custody contrary to the trust reposed in him by the Parliament by force of Armes with an Army of Horse and Foote to the open violation of the Kingdomes peace the endangering of the whole Realme and Parliament against whom this warre is principally raised and intended under pretext of being avenged of Sir Iohn Hotham who hath done nought but by the Parliaments direction as their servant and trustee for the safe keeping of Hull not against the King but onely for the King and