Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	king_n	peace_n	realm_n	3,426	5	8.3632	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

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

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

their peoples safety as in truth they ought to be they durst not then leavy warre against them much lesse excite them to shed one anothers bloud If these divine precepts and examples bee not sufficient to cleare this shining truth I shall adde some humane authorities to ratifie it and that both of Pagans and Christians To begin with Pagans Resolutions it was a worthy saying of f Pelopidas when going forth to Battle his wife wished him to save himselfe others quoth he are to looke to this but a Prince and Emperour ought to take care how he may save his Subjects g a good Prince writes Q● Curtius esteemes the safety of his subjects more deare unto him then his owne life It is an excellent Observation of h Seneca that though all other Bees have stings which they leave in the wound yet the King among the bees hath no sting at all for nature would not have him to be cruell nor revengefull to his cost and therefore hath taken away his sting and left his anger unarmed This should be a great example to mighty Kings let them be not ashamed to learne manners from small creatures seeing the minds of men ought to be more moderate by how much the more vehemently it may do harme Security is to be gained by mutuall security c. Kings have one impregnable fortification the love of their subjects which they shall then be sure of when they deeme the Common-wealth not to be theirs but they to be the Common-wealths And he concludes thus i There is no Ornament more worthy and more becomming a Princes Highnesse then that Crown ob c●ves servatos for preserving and saving his subjects Not hostile Armes taken from the conquered not the Chariots of the Barbarians died with blood not the spoiels gained in warre Many more instances of this nature I pretermit for brevity to passe from Pagans to Christians k Constantine the great was wont to say that an Emperour ought to spare no not his owne members for the preservation of the peoples tranquility Pope Elutherius in his l Epistle to our King Lucius the first Christian King about the yeare of our Lord 169. writes thus to him The Nations and people of the Kingdome of Britaine are yours which being divided you ought to congregate and reduce into one to concord and peace and to faith and the law of Christ and to the holy Church to cherish protect maintain governe and defend them from injurious and malicious persons and enemies A King is named from governing not from a Kingdome Thou shalt be a King whilest thou rulest well which unlesse thou shalt do the name of a King shall not remaine in thee and thou shalt loose the name of a King which God forbid Finally to close up this Proposition the Kings of England and so the Emperours with most other Christian Princes doth take this solemn oath and make this serious Protestation to their subjects at the Coronation m I will keepe peace and godly agreement intirely according to my power both to God the holy Church the Clergy and the People By which oath they are obliged under pain of highest perjury to preserve the generall peace of the Kingdome and people to avoid all civill Warres unlesse in case of their subjects open Rebellion not any otherwise to be suppressed but by a warre against them and not to arme one subject to assault or destroy another Neither is this a late devised oath in Henry the fourth his time but King Henry the first King Stephen Richard the first King John and Henry the third as Mathew Paris records in their lives tooke the same oath at their Coronations and promised faithfully to fullfill it and all our other Kings since have done the like From this first Proposition thus aboundantly ratified these conclusions necessarily ensue First that his Majestie cannot without great sin and willfull perjury rayse a Civill Warre against the Parliament and Kingdome and excite his loving subjects who have lived in peace for so many yeares and are all of one Nation one Religion one flesh and blood without any just cause most unnaturally to destroy and murther one another and so to ruine their owne native Countrey and undoe themselves and their Posterity Secondly that no faithfull subjects ought to foment or promote such an unreasonable unnaturall Civill Warre or give any assistance to it in the least degree upon any considerations whatsoever but to the uttermost of his power by his prayers and all other lawfull meanes to prevent oppose and withstand it for the preservation both of the King Kingdome Parliament their own Liberties Inheritances Lives Persons Families E●tates and Religion and to unite all their Forces to ●●●inguish the ●●●ames of civill dissentions already kindled among us Thirdly that those malignant spirits who counsell and instigate his Majestie to a Civill-warre against his Parliament and people are most unnaturall Vipers and Traytours to their Coun●rey desperate Rebells against God and most execrable wicked persons and so God himselfe hath proclaimed them to all the world Isa. 59. 5. to 10. They hatch Cokatrice egges and weave the Spiders Webb he that eateth of their egges dyeth and that which is crushed breaketh out into a Viper their workes are workes of iniquity and the Act of violence is in their hands their feet run to evill and they hast to shed Innocent blood their thoughts are thoughts of iniquity wasting and destruction is in their paths the way of peace they know not there is no judgment in their goings they have made them crooked paths whosoever goeth therein shall not know peace And Rom. 3. 13. to 19. Their throat is an open Sepulere with their tongues they have used deceit the poyson of Aspes is under their lips their mouth is full of cursing and bitternesse their feet are swift to shed blood destruction and misery are in their wayes and the ●ay of peace they have not known there is no feare of God before their eyes O miserable unhappy Princes who are advised seduced by such pernicious Counsellors O rash i considerate wretched people who are besotted by them so farre as to take up Armes against their native Countrey to b●come their own their Brethrens the Parliaments and Kingdomes Executioners and thereby most * detestable Traytours as all such who take up Armes against the Parliament are adjudged to be in the Parliament of 11. R. 2. the record whereof was published in print by Order of both Houses May 27. 1642. to which I shall referre you Fourthly that if the King against his Oath and Office will without just cause make warre upon his Parliament and Kingdome they may lawfully take up Armes for the preservation of the Kingdomes peace and their owne just defence for when the King who should protect them will against the trust and duty of his Royall Dignity set himselfe to destroy them they having no other protection

truth worthy consideration when ignorance and incredulity hath lately occasioned many grand inconveniences and mistakes This is most apparant by this familiar demonstration for as much as the King hath no right or interest in these Forts Towns or Magazines as he is a private person but only in right of his Crowne as he is King of England and the publique Minister or Servant of the Kingdom to provide for its security and tranquility in times of warre or danger and its prosperity in times of peace Wee all know that by the Law of the Land the King cannot sell or alien the Lands or Revenues of the Crowne yea our Law-books and Judges have resolved ſ that the King by his will cannot demise any of his Lands t That though the King make a will and give Legacies of his own private goods which hee hath yet he cannot demise the Iewells Plate Coronets and goods of the Crowne And if the u King hath the body of a Ward the temporalities of a Bishop by way of sequestration in his possession or right to present to a Church that is void and make his executors and dye his Executors shall not have the Ward temp●●●lties or presentation though chattles as a common persons executors shall have but the succeeding King So if Subsidies be granted and the King dye before they are l●vyed his Executors shall not enjoy them though a chattle but his Successor So the successor King not the Kings Executors shall have all his Ships Ordinance Powder Armes and Ammuni●ion though chattles because they are not the Kings but Kingdomes and purchased with the Kingdomes money 1 Eliz. x cap. 19. 1 ●ac c 25. because the King hath not only his Lands but even these very Chattles in right of his Crown as King not as a private person for the benefit of the Kingdome When King Iohn most unworthily with the consent of some of his Barons resigned his Crowne and Kingdome of England to the Pope P●●lip the French King though his enemy declared this Act void y Because no Ki●g nor Prince can give away the Kingdome which is the Common-wealths and all the Noblemen of France there present begun to cry with one voyce that they would sta●d to this truth even to death This matter of this Kings grant made to the Pope being proposed and discussed in full Parliament in the 40 yeare of Edward the third z Vpon full deliberation the Prelates Dukes Earles Barons and Commons answered and resolved with one accord That neither the said King John nor any other can put him nor his Re●lme nor his people under such subjection without their assent and as by many evidences it appeareth if it were done it was done without the ra●●●nt and contrary to his owne Oath at his Coronation And besides this the Dukes Earles Barons Gentlemen and 〈…〉 accord and agree that in case t●e Pope shall enforce or attempt by Proc●s or by any other manner of d●ing t● constraine the King or his subiects to performe this as it is said hee will these parties wi●● resist wi●● all their puissance So that by the Resolution of this whole Parliament the King cannot grant away his whole Kingdome without his p●oples consent in Parli●ment and by the selfe same reason not any part parceil Towne or Fort thereto belongi●g th●y being the Kingdomes not the Kings owne right The Civilians of forraign parts disputing of the pretended Donation of Constantine the great of Rome Italy and Supreame jurisdiction there to the Pope resolve this a Donation void because the Emperou● by Law cannot give away any of his Empire it being contrary to his Coronation Oath wherein hee sweares b to maintain the Dignities and Rights belonging to the Empire that he 〈◊〉 impa●re the goods and state of the Empire but keepe inviolable the Rights of his Kingdome and the honour of his imperiall Crowne By vertue of which Oath they hold the Emperour strictly obliged in duty both to God and the Empire to take to themselves not onely all those large and faire Territories which the Pope hath taken either by force or fraud inv●ded decking himselfe with the Eagles plumes but specially they ought to resume that Dominion in those very Lands which the Pope now challengeth as his owne by force of this forged grant c Baldus a learned Civilian writes That the Doctors of the Law determine That Constantines pretended Donation neither is nor possibly can be of force to passe away either the propriety or supreame Dominion in these Territories or the Imperiall jurisdiction over them For to say that the Emperour would by his Donation mutilate or cut away the Members of the Empire is a kinde of folly d Arctine not onely assents to Baldus but much commends his judgment therein Baldus saith he doth elegently teach that the Emperour cannot give away any quotient neither a third nor 4th part nor halfe of his Empire Whereby Baldus meanes that the Empire being an intire and universall power the Emperour by giving ought ceaseth not to be universall Lord of all belonging to the Empire e Lucas de Penna is very pregnant in this point The Royalties of the Empire writes he cannot be alienated from the Emperour Yea though the Emperour should sweare that hee would not revoke such Royalties as were alienated to the preiudice of his Crowne and Dignity yet notwithstanding this his Oath hee might recall such alienations because the Emperour sweares at his Coronation to keepe safe the honours and rights of his Kingdome ●ut by alienating his demaines and Territories he doth not preserve but impaire the Imperiall Rights f Albericus de Rosate is copious in this case Let us see saith he whether Constantines Donation could be of force to pre●udice his Successors Accu●stus holds it could not so doth John de Parisiis And he gives this reason thereof Because none deputed to an office may do ought against his own office But it is against the office deputed to the Emperour to impaire his Empire or cut or take away any part from it For by the same reason that he cuts away one part he may cut away also another and so may his successors and so the Empire at last should be b●ought to nothing and utterly destroyed which is against the publique good and the end why the Empire is ordained Whereupon I doe believe that the foresaid Donation by law cannot be of ●orce to prejudice the Empire or the Successors The same Doctrine is delivered for Law by Boetius Epon Herric qu. qu. 3. nu 43. quest 5. nu 19. 27. 34. by Didacas Coverrumius Practic qu. c. 4. nu 1. by Franc. Vargas De Author Pontifi Axiom 1 Num. 2. Gulielmus Benedictus Caralus Degrossatus Felinus with others All which I have cited to shew the concurrence of the Civill with our common law in this particular and to resolve all opposites in this point who scruple at

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