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A83414 A remonstrance or The declaration of the Lords and Commons, now assembled in Parliament, 26. of May. 1642. In answer to a declaration under His Majesties name concerning the businesse of Hull, sent in a message to both houses the 21. of May, 1642 ... England and Wales. Parliament.; Elsynge, Henry, 1598-1654. 1642 (1642) Wing E2227B; ESTC R222786 18,138 16

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Votes to beleeve the contrary Although the Votes of the Lords and Commons in Parliament being the great Councell of the Kingdom are the reason of the King and of the Kingdom yet these Votes do not want cleer and apparent reason for them For if the solemn proclaiming a man a Traytor signifie any thing it puts a man and all those that any way aid assist or adhere unto him into the same condition of Traitours and draws upon him all the consequences of Treason and if his may be done by Law without due processe of Law the Subject hath a very poor defence of the Law and a very small if any portion of liberty thereby and it is as little satisfaction to a man that shall be exposed to such penalties by that declaration of him to be a Traitour to say hee shall have a Legall triall afterwards as it is to condemn a man first and try him afterwards And if there be a necessity for any such proclaiming a man a Traitour without due processe of Law yet there was none in this case For his Majesty might have as well expected the Justice of the Parliament which was the right way as he had leisure to send to them to demand Justice against Sir John Hotham And the breach of Priviledge of Parliament in this case as the subversion of the Subjects common right For though the Privledges of Parliament do extend to those cases mentioned in the Declaration of Treason Felony and breach of the peace so as to exempt the Members of Parliament from punishment nor from all manner of Processe and triall as it doth in other cases yet it doth priviledge them in the way and method of their triall and punishment and that the Parliament should have the cause first brought before them that they may judge of the fact and of the grounds of the accusation and how far forth the manner of their tryall may concern or not concern the Priviledge of Parliament otherwise it would be in the power not onely of his Majesty but of every private man under pretensions of Treasons or those other crimes to take any man from his service in Parliament and so as many one after another as he pleaseth and consequently to make a Parliament what he will when he will which would be a breach of so essentiall a priviledge of Parliament as that the very being thereof depends upon it and therfore we no wayes doubt but every one that hath taken the Protestation will according to his solemn Vow and Oath defend it with his life and fortunes Neither doth the sitting of a Parliament suspend all or any Law in maintaining that Law which upholds the Priviledge of Parliament which upholds the Parliament which upholds the Kingdom And we are so far from beleeving that his Majesty is the onely person against whom Treason cannot be committed that is some sence wee acknowledge hee is the onely person against whom it can be committed that is as hee is King and that Treason which is against the Kingdom is more against the King then that which is against his Person because he is King For that very Treason is not Treason as it is against him as a man but as a man that is a King and as he hath relation to the Kingdom and stands as a person intrusted with the Kingdom and discharging that trust Now the case is truly stated and all the world may judge where the fault is although we must avow that there can be no competent judge of this or any the like case but a Parliament and we are as confident that His Majestie shall never have cause to resort to any other Court or Course for the vindication of his just Priviledges and for the recovery and maintenance of his known and undoubted Rights if there should be any Invasion or violation thereof than to his high Court of Parliament And in case wicked Counsellours about him shall drive him into any other Course from and against his Parliament whatever are his Majesties expressions and intentions wee shall appeal to all mens consciences and desire that they would lay their hands upon their hearts and think with themselves whether such persons as have of late and still do resort to his Majesty and have his care 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 then in the Protestant Religion or of the Law of the Land the Liberty of the Subject and the Priviledges of the Parliament then the Members of both Houses of Parliament who are insinuated to bee the Desertors if not the Destroyers of them And whether if they could master this Parliament by force they would not hold up the same power to deprive us of all Parliaments which are the ground and p●llar of the Subjects Liberty and that which maketh England onely a free Monarchy For the Order of Assistance to the Committees of both Houses as they have no directions or instructions but what have the Law for their Limits and the safety of the Land for their ends so we doubt not but all persons mentioned in that Order and all his Majesties good Subjects will yeeld obedience to His Majesties Authority signified therein by both Houses of Parliament And that all men may the better know their duty in matters of that nature and upon how su●e a ground they go that follow the judgement of Parliament for their guide we wish them judiciously to consider the true meaning and ground of that Statute made in the eleventh yeare of Hen. 7. cap. 1. which is printed at large in the end of His Majesties Message of the fourth of May. This St●tute provides that none that shall attend upon the King and do him true Service shall be attainted or forfeit any thing What was the scope of this Statute To provide that men should nor suffer as Traytors for serving the King in His Warres according to the duty of their Allegeance If this had been all it had beene a very needlesse and ●idicalous Statute Was it then intended as they may seeme to take the meaning of it to be that caused it to be printed after his Majesties Message that they should be free from all crime and penalty that should follow the King and serve him in Warre in any case whatsoever whether it were for or against the Kingdome and the Laws thereof That cannot bee for that could not stand with the duty of their Allegeance which in the beginning of this Statute is expressed to bee to serve the King for the time being in his Warres for the defence of Him and the Land and therefore if it be against the Land as it cannot be understood to be otherwise if it be against the Parliament the representative body of the Kingdom It is a declining from the duty of Allegeance which this Statute supposeth may be done though men should follow the Kings Person in the Warre Otherwise there had been no need of such a Proviso in the end of this Statute that none should take benefit thereby that should decline from the Allegeance That therefore which is the Principle Verb in this Statute is the serving of the King for the time being which cannot be meant of a Perkin Warbeck or any that should call himselfe King but such a one as what ever Title might prove either in himselfe or in his Ancestors should be recieved and acknowledged for such by the Kingdome the consent whereof cannot be discerned but by Parliament the Act whereof is the Act of the whole Kingdome by the personall suffrage of the Peeres and the delegate consent of all the Commons in England And Aen. 7. a wise King considering that what was the Case of R. 3. his Predecessor might by chance of battel be his owne and that he might at once by such a Statute as this satisfie such as had served his Ptodecessor in his Warrs and also secure those that should serve him who might otherwise feare him in his Warrs lest by chance of Battell that might happen to him also if a Duke of Yorke had set up a Title against him which had happened to his Prodecessor he procured this Statute to be made that no man should be accounted a Traytor for serving the King in his Warrs for the time being that is which was for the present allowed and recieved by the Parliament in behalfe of the Kingdome and as it is truly suggested in the Preamble of the Statute It is not agreable to reason or conscience that it should be otherwise seeing men should be put upon an impossibility of knowing their duty if the judgement of the Highest Court should not be a Rule and guide to them and if the judgement thereof should be followed where the question is who is King Much more what is the best service of the King and Kingdome and therefore those that shall guide themselves by the judgement of Parliament ought what ever happen to be secure and free from all account and penalties upon the grounds and equitie of this very Statute We shall conclude that although those wicked Councellors about his Majestie have presumed under his Majesties name to put that dishonour and affront upon both Houses of Parliament as to make them the countenancers of Treason enough to have dissolved all the bands sinews of confidence between his Majestie and his Parliament of whom the Maxime of the law is That a dishonourable thing ought not to be imagined of them yet we doubt not but it shall in the end appeare to all the world that our indeavours have been most hearty and sincere for the maintainance of the true Protestant Religion the Kings just Prerogatives the Lawes and Liberties of the Land and the Priviledges of Parliament in which endeavours by the grace of God we will still persist though we should perish in the worke which if it should be it is much to be feared That Religion Lawes Liberties and Parliaments would not be long-lived after us FINIS
and of the Kingdome of Ireland that as we had little encouragment from thence to hope for any good Answes to our desires so we had not so much time left us to perfect them in such a manner as to offer them unto his Majestie We confesse it is a Resolution most worthy of a Prince and of his Majstie to shut his eares against any that would incline him to a civill Warre and to abhor the very apprehension nf it but we cannot beleeve that mind to have bin in them that came with his Majestie to the House of Commons or in them teat accompanied his Majstie to Hampton Court and appeared in a warlike manner at Kingston upon Thames or in divers of them that followed his Majestie now latley to Hull or in them that after drew their Swords at York demanding who would be for the King nor in them that advised his Majesty to declare Sir John Hotham a Traytor before the Message was sent concerning that businesse to the Parliament or to make Propositions to the Gentlemen of the County of York to assist His Majesty to proceed against him in a way of force before he had or possible could receive an Answer from the Parliament to whom he had sent to demand Justice of them against Sir John Hotham for that Fact and if those Malignant spirits shall ever force us to defend our Religion the Kingdome the Priviledges of Parliamants and the Rights and Liberties of the Subjects with our swords the blood and destruction that shall ensue thereupon must be wholly cast upon their Accompt God and our owne consciences tell us that we are cleare and we doubt not but God and the whole world will cleare us therein For Captaine Legg we did not say that he was accused or that there was any charge against him for the bringing up of the Army but that he was imployed in that businesse And for that question concerning the Earl of New Castle mentioned by his Majesty which is said to have bin asked long since and that is not easie to be answerd We conceive that it is a question of more difficulty and harder to be answered Why when his Majestie held it necessary upon the same grounds that first moved from the Houses of Pa liament That a Governour should be placed in that Towne Sir Iohn Hotham a Gentleman of knowne Fortune and Integrity and a person of whom both Houses of Parliament had expressed their confidence should be refused by his Majestie and the Earle of New Castle who by the way was so far named in the businesse of the bringing up of the Army that although there was not ground enough for a judiciall proceeding yet there was ground of suspition at least his reputation was not left so unblemished thereby as that he should be thought the fittest man in England for that imployment of Hull should be sent downe in a private way from his Majestie to take upon him the government and why he should disguise himself under another name when he came thither as he did But whosoever shall consider together with these circumstances that of the time when Sir Iohn Hotham was first appointed by both Houses of Parliament to take upon him that imployment which was presently after his Majesties comming to the House of Commons and upon the retiring of himselfe to Hampton Court and the L. Digbies assembling of Cavaliers at Kingstone upon Thamis will find reason enough why that Town of Hull should be committed rather to Sir Iohn Hotham by the authoritie of both Houses of Parliament then to the Earle of New Castle sent from his Majesty in that manner that he was And for the power that Sir Iohn Hotham hath from the Houses of Parliament the better it is known and understood we are confident the more it will be approved of and justified And as we do not conceive that his Majesties refusall to have that Magazin removed could give any advantage against him to have it taken from him and as no such thing is done so we cannot conceive for what other reason any should councel his Majesty not to suffer it to be removed upon the desire of both Houses of Parliament except it be that they had an intention to make use of it against them We did not except against those that presented a petition to His Maiestie at Yorke for the continuance of the Magazine at Hull in respect of their condition or in respect of their number because they were mean persons or because they were few but because they being but few and there being so many more in the County of as good quality as themselves who have by their petition to His Maiesty disavowed that act of theirs that they should take upon them the stile of all the Gentry and Inhabitants of that County and under that title should presume to interpose their advice contrary to the Votes of both Houses of Parliament and if it can be made to appear that any of these petitions that are said to have been presented to the Houses of Parliament and to have been of a strange nature were of such a nature as that we are confident that they were never received with our consent and approbation Whether there was an intention to deprive Sir Iohn Hotham of his life if His Majestie had been admitted into Hull and whether the information were such as that he had ground to beleeve it we will not bring it into question for that was not nor ought to have been the ground for doing what he did neither was the number of His Majesties Attendants for being more or fewer much considerable in this case For although it be true that if His Maiestie had entred with twenty horse onely he might haply have found means for to have forced the entrance of his Train who being once in the Town would not have been long without Arms yet that was not the ground that Sir Iohn Hotham was to proceed upon but upon the admittance of the King into the Town at all so as to deliver up the Town and Magazine unto him and to whomsoever he should give the command thereof without the knowledge and consent of both Houses of Parliament by whom he was entrusted to the contrary and His Maiesty having declared that to be his intention concerning the Town in a Message that he sent to the Parliament not long before he went to Hull saying That he did not doubt but that Town should be delivered up to him whensoever he pleased as supposing it to be kept against him and in like manner concerning his Magazine in his Message of the four and twentieth of April wherein it is expressed That His Maiestie went thither with a purpose to take into his hands the Magazine and to dispose of it in such manner as he should think fi● upon these terms Sir Iohn Hotham could not have admitted his Maiestie and have made good his trust to the Parliament though his Maiesty would have