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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	common_a	justice_n	law_n	1,561	5	4.6325	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

command of the whole power of the County whom they then likewise elected as appeares by the same Law of King Edward by the same reason and greater may the whole Parliament in this case of necessity lawfully elect them now without any impeachment to his Majesties Prerogative Sixthly that His Majesties late Commissions of Array to enforce one subject to take up Armes against another in effect to maintain a Civill-warre to imprison those who refuse contrary to the expresse Letter of Magna Charta c. 29. the late Petition of Right 3. Caroli in the Answer whereunto His Majestie professeth that it is his Maxime That the peoples Liberty strengthens the Kings Prerogative and that the Kings P●erogative is to defend the peoples Liberties Is directly q against the Law and His Majesties Coronation Oath as the Parliament hath now lately proved it Seventhly That to disswade and divert His Majestie from this Civill-warre and shedding the blood of his innocent subjects will be a most acceptable and meritorious service both to God the King himselfe and the whole Realme To God it must be so because he is a God of peace abhorring all unnaturall Civill-warres as is formerly demonstrated To the King himselfe it must be so because it will exempt him from the guilt of perjury in violating his Oath from the guilt of innocent blood and murther in causing his people causelesly to sheath their Swords in one anothers Bowells and from many other sinnes and mischiefs To the whole Kingdome it must be so which desires peace and unity abhors the very thought much more the sight of an unnaturall Civill-warre which will now in all probability as things stand abroad and at home procure aboundance of misery if not utter ruine both to King and people When r David by reason of Nabals churlish Answer had taken up a peremptorie Resolution By the morning light to slay every one of Nabals houshold that passed against the Wall Abigail Nabals wife hearing of it went met David and his Army in his March to do this execution and by her presents and prudent speech diverted him from this his Resolution Whereupon David said to Abigail 1 Sam. 25. 32 33. Blessed be the Lord God of Israel which sent thee this day to meet mee and blessed be thy advice and blessed be thou which hast kept me this day from comming to shed blood and from ave●ging my selfe with mine own hand O that some discreet man or woman could now divert His Majestie from his intended Civill-warre against Hull the Parliament and Kingdome as Abigail here did David cert●●nely it would cause his Majestie upon due consideration to breake out into Davids words and to blesse both God their advice and them for keeping him from shedding his owne subjects innocent blood from avenging hims●●lfe with his own hand neither of which becomes a gracious Prince and may prove destructive both to himselfe his people and Kingdomes The second PROPOSITION THE second Proposition is this That the King ought not to deny or deferr justice or right to any of his subjects much lesse to the whole Kingdom This is manifested both by the expresse words of Magna Cha●ta c. 29. Nul●● vendemus nulli negabimus vel differemus justisiam v●l rec●●● and by many excellent Statutes since as 2 E. 3. c. 8. 14 E. 3. c. 14. 20 E. 3. c. 1 2. 1 Rev. 2. cap. 11. It will then be worthy His Majsties serious second thoughts to consider First whether his voluntary withdrawing himselfe from his Parliament to York which hath much retarded if not wholly frustrated all Parliamentary Proceedings since for the safety and wel-fare both of this Kingdome and 〈◊〉 be not an apparant violation of this part of his Royall Duty Secondly whither his peremptory refusall to passe some necessary usefull Acts for the good of the whole Realme ●pon a pretended discontent against the Parliament and Sir Iohn Hot●am and a private vow as some report not to passe any Act whatsoever till he received justice in Parliament against Sir Iohn Hotham for the businesse of Hull and his refusall to settle the Militia for the safety of the Kingdome by Act of Parliament or otherwise be not an apparant breach of this trust and parcell of his Kingly office Thirdly whether his detaining of the Lord Keeper and great Seale at Yorke whereby many subjects processes and causes have been delayed their suites retarded and some of them quite lost be not an apparant deviation from this Proposition Fourthly whether his absolute denyall to disclose the Accusers Informers against the Lord of Kimbolton and other 5 Parliament men that so they might acquit themselves and have right and justice against them for their malicious false suggestions runs not point blank against this irrefragable Proposition and be not a flat denyall of common Right and Justice to those eminent Persons Fifthly whether it be not an apparant Uiolation and denying of Justice for his Majestie to proclaime Sir Iohn Hotham a Traytor and demand Judgement against him as such a one before his cause was rightly stated or resolved to be Treason by any Court of Justice or the Parliament Sixthly whether his Majesties raysing of a Civil-warre at this very season in England his beseiging of Hull with his slighting and opposing the Parliament in open Declarations even now during the heat of the bloody warrs in Ireland by meanes whereof those Irish Rebells are exceedingly encouraged the Protestant Party and our Soldiers there much discouraged and the Parliament now quite disabled to supply them with Provisions of Ammunition and money which they want by means whereof the Rebells now halfe subdued are like to regaine the Forts they formerly lost and in time wholly to conquer that Kingdome and so utterly to extirpate the English Nation and Protestant Religion thence be not a reall tacit denying and delaying of ayd right and justice to that distressed bleeding Kingdome which now lyes and calls to his Majestie and the Parliament for present succours and supplies which this now Civill-warre will in all probability totally frustrate to the great advancement of Papists and Roman Religion If all these particulars upon serious deliberation prove crosse to this Proposition his Majesties Regall Office I presume his graciousnesse his Royall Love to right and Justice and his compassion to almost expiring Ireland and England is such that he will speedily redresse all former errors of this kind put a speedy period to our domesticke Civill-warres and move him never to run into the like exorbitances againe The third PROPOSITION THe third Proposition That his Majestie hath no such private or particular interest in the Forts and Townes or Magazines of the Realme as the subjects have in their Lands and goods to give sell or dispose of them at his pleasure but onely a publique interest by way of trust for the defence and preservation of the Kingdome and the security and tranquility of his people A

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

Kingdomes use till it may without danger to the Realme by Order of Parliament be rendred up into his Majesties actuall possession who hath no particular Right or Title to it but onely a generall as the Kingdomes Servant and trustee for the peoples safety which is now endangered through his Majesties listening to evill Counsellours Who whisper to him in private and have engaged him in a Civill-warre against his Parliament and people and not hearkening to his Parliament the Graund Counsell both of King and Kingdome whose publique impartiall advice his Royall Progenitors have alwayes most highly esteemed and followed and thereby made themselves great and honourable and the Kingdome happy The Conclusion I shall now winde up all in a few words I suppose I have made it most apparently evident to every indifferent mans judgement that Sir Iohn Hothams forecited Actions with which his Majestie is so much incensed are neither Treason nor Felony by the Laws of the Land by which his Maiestie hath oft lately protested to rule and be guided the t Kings of England by their Coronation Oaths being subject to their Lawet not their Lawes to them and by the Parliaments Resolution not so much as a Misdemeanour or offence but a lawfull act done by the expresse commands for the publique peace and safety of the Realme and prevention of a Civill warre I appeale then to his Majestie to every English mans or other Subjects Conscience and advise them all in the presence of God as they will answer the contrary at the great approaching day of Judgement seriously to consider and then resolve within their brests whether these inoffensive Acts of Sir Iohn Hotham accompanied with all the praerecited Circumstances be a just and sufficient ground to the King or any of his subjects in point of conscience or policy especially in this season when Ireland is in danger of losing and England almost exhausted with necessary publique payments With voluntary contributions and much d●●●acted and divided in it selfe to raise an unnaturally bloody civill warre against Hull and in it against the Parliament and Kingdome by which the King and his Par●isons will be by degrees so farre ingaged against the Parliament and his Kingdome and they by way of just defence so farre engaged against the King and them without Gods mercifull prevention that we shall all now after so long enjoyed peace most unnaturally sheath our swords in one anothers bowells out one anothers throats shed one anothers blood burne spoile waste destroy and prey upon one anothers houses Lands Goods possessions make our whole Kingdome a very Field and Sea of English blood and in conclusion without Gods interposing mercy utterly raine both our King Kingdome Parliament Religion our selves and our posterities and make our Land a Prey to Popish forraigne enemies who now rejoyce at our Divisions which they much foment and thereby hope to surprize and wholly conquer us ere it be long And if our consciences answer us as they will after full deliberation that thes● Acts of Sir Iohn ●otham be no just cause or ground to warrant such unnaturall bloody fatall destructive civill war O let us not then once venture or presume to take up Armes against our owne deare native Country which hath bred us against the Parliament who sit night and day and spend both their Fortunes time and Spirits to redresse our grievances prevent our immanent dangers advance our happinesse and prosperity and preserve our long enjoyed Tranquilitie against our deare loving brethren kindred friends and Countreymen who never did us the least injury against our selves our children families which a Civill-warre may quickly ruine nor yet to countenance justifie or side with those unnaturall vipers and unreasonable ●ottish Brutes who either maliciously or inconsiderately foment and promote such an unnaturall impious causelesse civill warre But let us all put forth our utmost best endeavours and powre out our fervent prayers to God to prevent and cease these civill combustions to ayd and preserve our deare Native Countrey Kingdome Religion the Parliament our selves and our pos●erity against these malignant Incendiaries who seeke their utter destruction O let no true bred English man or Christian be so degenerous so B●rbarous and brutish as to become his owne his deare brethrens posterities Countries Kingdomes bloody Executioner to do such disservice to his Countrey in a few dayes or houres which he shall with brinish teares repent for over I shall likewise humbly presume to beseech his Majestie upon the bended knees of my soule most seriously to consider all the Premises and if upon persual of them there shall appeare no just or lawfull cause in point of conscience and true Christian not Machivillian policy necessarily to enforce him to make a civil warre upon his Kingdome onely for the act of one particular Subject as is yet pretended which in truth amounts not by the Law either to Felony or Treason if to a trespasse or Misdameanor that then he would be most graciously pleased according to his Oath his Royall Duty and many reiterated Protestations to preserve his people and Kingdome in a sweet peace and blessed unity to disband his present Forces and tumultuous Cavaliers discard all bloody Counsellors who have advised him to a most unnaturall unseasonable dangerous civill warre to returne with speed to London and close with his great and best Counsell the Parliament for the preservation and present ayd of bleeding Ireland the setling and composing of his peoples present feares and distractions the effecting of of a perfect thorough Reformation and Union in Church and state the redresse of all remayning grievances the advancement of Truth of the flourishing estate of his three Kingdomes and his owne Royall Honour Revenues and Greatnesse which will eternally gaine his Majestie the servent Prayers hearts affections purses and ready service of all his Kingdomes and subiects together with immortall honour whereas if he shall still proceed in prosecution of this desperate civill warre against his people Kingdom Parliament the guilt of all his subjects innocent blood which shall be shed in this unnaturall causelesse warr will light heavy upon his conscience be required at his hands and in conclusion both himselfe his Kingdomes and loyall people will be brought to the very extremity of misery If not to utter ruine after such a long enjoyed flourishing peace both under his owne and his predecessors peaceably raignes I shall conclude with that of the Poet u Pax optima Rerum Homini novisse datum est Pax vna Triumphis Innumeris po●●r Pax custodne salutem Et Cives aquare potens Te petimus omnes O Most gracious Lord God though thou justly plague us with thy other Iudgements for our sinnes yet give us not over to the sword the forrest of all thy Iudgements an unnaturall bloody civill warre but since thou art a x God of peace and hast promised y to give thy people the blessing of peace which we of

it First From all these Premises it is apparant 1. that the case of Sir Iohn Hotham and the Towne of Hull was not rightly stated by His Majestie in his Declaration sent in a Message to both Houses the 21. of May 1642. To wit that his Majesty hath the same Title to his Towne of Hull which any of his Subjects hath to their houses or Lands and the same to his Magazine and Munition there bought as he saith with his own Moneyes When as many or most of the Armes there were against law violently taken away from the subjects in Essex and other Counties who bought them with their own Moneyes without paying any consideration for them and the other was purchased with the g Kingdomes Money with which his Majestie was but intrusted which any of his subjects have to their Money Plate or Jewells and therefore that they ought not to be disposed without his consent no more then the house Land Money Plate or Jewells of any subject ought to be without or against their Remonstrance in answer to that Declaration May 26. page 4 5 6. To which I shall referre you Secondly That the King having no interest in Hull or the Magazine there but only as King and the publique Minister o● the Kingdome for the Kingdomes use and benefit and the preservation of its security and peace it is and was lawfull for the whole Kingdome assembled in Parliament upon probable grounds and Informations and proofes that his Majestie seduced by some pernitious Enemies to the Kingdomes tranquility intended to seize upon this I owne and Magazine by surprise thereby to let in forraigne forces and raise a Civill-warre against the Parliament and Kingdom to the disturbance of the publique peace and hazard of the Realmes of England and Ireland and contrary to the publique trust reposed in him the breach whereof doth in some sort determine it for the present to turne those Arms and Ammunitions provided for his subjects safety upon them to their destruction to seize upon and secure them for the present for the prevention of this danger and abuse of them the Kingdomes better security the true ends for which this Town and Magazine was first fortified and provided And that without any danger of Treason and disloyalty in them or their Agents imployed in this service Neither is this any new case for both in the well knowne h Barons Warrs in this Realme and late stirs in Scotland the Barons and Scots seised upon the Kings Townes Castles and Ammunition for the security and peace of these severall Kingdomes without any danger or charge of Treason And if it were no Treason in the Scots within these two yeares to seize upon all or most of His Majesties Townes Forts Magazines and Ammunition in Scotland and on New-castle in England for the common peace and safety of their Kingdome and prevention of Civill-warrs i as his Majestie and the Parliaments both of Scotland and England have resolved why should it be Treason or Felony in the Parliament or Sir Iohn Hotham their Agent peaceably to possesse themselves of the Towne and Magazine of Hull for the safety of the Realme the prevention of Civill-warres and preservation of the publique peace when as they keep them onely for his Majesties and the ●ingdomes use and are ready to redeliver them into his Majesties actuall possession if they may be secured that they may not be misimployed against them If a Constable or any other person breake into another mans house and take away his sword and 〈◊〉 〈◊〉 and arrest him to preserve the peace and prevent murther he may by the common Law ●ustifie this Act and detaine the others weapons till the fray be over and the peace secured Yea if a man should detaine his Majesties sword or Pistoll from him in case he intended causelesly or unjustly to murther any of his subjects with it till his wrath were past I presume it would be neither Treason Felony nor any illegall misdemeanor much lesse can it be any Treason or offence in the Parliament or Sir Iohn Hotham their Instrument upon just suspitions to possesse themselves of the Towne and Magazine of Hull in a peaceable manner and to sequester and detaine them from his Majestie for a season till they may have good assurance that neither of them shall bee misimployed by the instigation of mischievous Counsellors to the hurt or destruction of the Kingdome and them as they are informed Wars are intended to be But more of this hereafter in Deduction 4. Thirdly admit the case of Hull and the Magazine there such as his Majestie puts it yet then by his Majesties Argument every subject hath as good and firme an interrest and property in his owne goods Lands Houses as his Majestie hath in his Towne of Hull or his Magazine By what Law or Justice then hath his Majestie seised lately upon his subjects Armes and Magazines in divers Counties bought with their own Moneys for their own private and the publique defence of the Realme against Theeves and Forraigne Enemies and forceably taking them away without paying for them and now imployed them in a Civill-warre against Hull and his subjects Doubtlesse the Parliament may with farre more justice and equity seize upon the publique Magazine of the Kingdome and Hull a frontire Towne well fortified for the security of the Realme and prevention of Civill-warres then his Majestie seize upon his subjects Armes and Magazines of powder to make a Civill warre And seeing the Armes at Hull were many of them violently and illegally taken from the subjects without consideration why the Parliament may not lawfully seize them to restore them to their owners who have petitioned for them I cannot yet discerne Fourthly In cases tending to the common good and safety even by the common Law of the Land a man may lawfully commit a trespasse and do an injury to another mans Lands Houses and Inheritance without crime and offence if an enemy invade the Realme a●y l Generall Captain or subject to resist them may lawfully enter into any other mans Land and there dig Trenches build Forts and Sconces if they be necessary to resist the Enemie m Yea he may enter into any of the Kings Forts and Townes which are onely for the publique good as the experience of all ages testifie without any previous speciall Licence yea fortifie and defend them because it tends to the safety of the Realme and common good to which all privat interests and much more the Kings publique in such cases must give place Upon this reason it is agreed in our n Law-bookes That fa●lowne or City be besieged or indanger to be beleagured by an enemy and the Suburbs may endanger the taking thereof by yeelding harbor or a convenient battry to them The inhabitants or Souldiers within the Walls may lawfully burne or destroy the Suburbs for the Townes or Cities preservation and the common safety Nay if an

house be on fire in a Towne men may iustifie the pulling downe thereof and of the next adjoyning houses if there be cause to prevent the burning of the whole Towne it being for the Common good Yea o Fishers at Sea may iustifie their going on other mens ground adjoyning to the Sea because their fishing is for the common profit of the whole Realme If then private persons may thus legally prejudice other particular men in these cases in their Lands and Houses for the common good then much more may the whole representative body of the Kingdome in Parliament seize upon Hull and the Magazine there for a season being the Common-wealths and the Kings onely in right of and for the service of the Kingdome for the publique peace and safety and the prevention of Civill-warres without any danger of trespasse much lesse of Treason in making Sir Iohn Hotham their Agent in this Service They having a common interest therein since Souldiers Citizens and other private persons may lawfully raise Forts and Trenches on others grounds or pull down any houses and suburbs for the publique good though they have no particular interest in their lands or houses but onely a temporary common interest upon these publique occasions The fourth PROPOSITION THe fourth Proposition is this That in all doubtfull cases of Treason not within the expresse Letter and words of 25 E. 3. Parl. 5. c. 3. neither the King himselfe nor his Iudges but the Parliament and King in Parliament if hee will be there ought to declare and determine what act is Treason and what not This is cleare by these expresse words of 25. E. 3. c. 3. of Treason And it is accorded that if any other case supposed Treason which is not above specified in this Act doth ●appen before any Iustices the Iustices shall ●arry without any going to judgement of the Treason 〈◊〉 the cause be shewed and declared before the King and his Parliament whether it ought to be judged Treason or Felony Which clause was afterwards ratified by 11 R. 2. c. 3. 1 H. 4. c. 10. and by 21 R. 2. c. 11. where Judge Thorning affirmes That the Declaration of Treason not declared belongeth to the Parliament which part of declaring Treason some hold is utterly taken away by 1 Ma●●a Session 1 R●s●al Treason Sect. 20. which others deny and that no other Treason is or can be at this day unlesse by speciall Act of Parliament but what is within the very Letter of 25. ● 3. c. 3. This being indubitable these Conclusions will necessarily follow First that neither his Majestie alone nor yet accompanied with his privy Counsell or Iudges hath any legall power or right at all to declare or determine what is Treason and what not or to declare or adjudge any particular Act to be Treason unlesse it be clearely within the expresse Letter of 25 E. 3 c. 3. Therefore his Majesties own private p Declaration of Sir Iohn Hothams Act in seising the Towne and Magazine of Hull and his refusall to admit his Majestie into the Town when he came to dispossesse him of it to be Treason being out of the Letter of the 25. Ed. 3. and his proclaiming of him to be a Traytour must necessarily be both void and illegall Secondly The Kings Judges and Justices even in Courts of Judicature where they may finally determine and resolve what is law in all other cases neither can may nor ought to declare and determine what is Treason and what is not in any cases out of the very Letter of 25. E. 3. but ought to resert to the Parliament and receive a resolution from them whether it be Treason or not So are the expresse words of this Act of 25. E. 3. and others since If then the Judges are thus to be resolved by the Parliament onely what is Treason and what not then there is no reason or sence why the Parliament should be sent to the Judges to be advised and resolved by them what is Treason or why the Parliament should be taxed for Voting Sir Iohn ●othams Act not to be Treason without consulting first with the Iudges to know of them whether it were Treason or not Since the Parliament in this case of Treason are to direct and resolve the Judges not the Judges them Thirdly both Houses of Parliament upon the Kings Appeale to them for justice against Sir Iohn Hotham as a Traytour for not admitting him into Hull and upon Sir Iohn Hot●ams Letter to them relating the truth of his whole carriage to the King in this cause have acquitted Sir John Hotham and q Voted this Act of his warranted by the command of both Houses not only to be no Treason nor Felony but not so much as a Misdemeanour seeing all he did was only in discharge of the trust which the Parliament had reposed in him for the safety and peace of the whole Kingdome and prevention of a Civill-warre Since then the whole Parliament the onely proper Judges of Treason upon the Kings and Sir Iohn Hothams severall appeales to them have both voted and resolved Sir Iohn Hothams Act to be no Treason nor Crime nor he to be any Delinquent neither the King himselfe who oft professeth in his late Declarations to rule and governe all his people onely according to the Laws of the Realme according to his Oath nor his Counsell nor Judges can by any proclamation or Declaration or by any Judgement in any Court of Justice which hath Conusance of Treason declare this Act of his to be Treason or him a Traytour or Offender Let all of them and the whole Kingdome both for the present and future rest fully satisfied and concluded by the ●arliaments Votes and Resolutions whom our Lawes declare to be the onely proper Judges of this cause pretended to be Treason and so Sir Iohn Hotham must go scot-free Having thus passed through these foure Propositions and the Deductions from them I shall now draw towards a conclusion of this Discourse Sir Iohn Hothams case and Pulls truly stated and debated The onely if not principall pretence of his Majesties late raysing an Army in the North and of a most sad and unseasonable Civill-warre which if proceeded in may soone prove destructive to all his Majesties three Kingdomes is Sir Iohn Hothams seising on the Towne of Hull and the Magazine there by Order from the Parliament for the peace and security of the Realme and his denying his Majestie entrance into the Towne when he came to take possession of it Which Acts his Majestie hath in his Proclamations and Declarations declared and proclaimed to all his subjects to be no lesse then high Treason and Sir Iohn ●otham to be a notorious Traytour The sole question then will be Whether these Actions of Sir John Hotham be Treason or not by the Laws of the Realm And under correction I conceive it is as cleere as the Noone-day Sunne that they are no Treason That his taking possession