SInce Our gracious Message of the 24 of April last to both Houses of Parlia­ment (demanding Iustice for the high, and unheard of affront offered unto Vs at the Gates of Hull by Sir John Ho­tham) is not thought worthy of an Answer; but that in stead thereof they have thought sit by their printed Votes of the 28. of April last, to own and avow that unparalleled Act of Sir John Hothams, to be done in obedience to the Command of both Houses of Parliament (though at that time he could produce no such Command) and with o­ther Resolutions against Our Proceedings there, to publish a Declaration concerning that businesse, as an appeal to the People, and as if their enter­course with Vs, and for Our satisfaction were now to no more purpose: though We knew this course of theirs to be very unagreeable to the Modestie of former times, and unwarrantable by any Precedents, but what themselves have made; yet Heare not unwilling to joyn issue with them in this way, and to let all the world know, how necessary, just, and lawfull, all Our Proceedings have been in this Point, and that the defence of these Proceed­ings is, The defence of the Law of the Land, Of the Libertie and Propertie of the Subject, and that by the same Rule of Iustice, which is now of­fered [Page 6]to Vs, all the private Interest and Title of all Our good Subjects to all their Lands and Goods are confounded and destroyed. Master Pym himself tells you, in his Speech against the Earle of Straf­ford (published by the Order of the House of Com­mons) The Law is the Safeguard; The Custodie of all private Interests; your Honours, your Lives, your Li­berties, and Estates are all in the keeping of the Law; without this, every man hath a like right to any thing. And we would fain be answered, what Title any Subject of Our Kingdom hath to his House or Land, that We have not to Our Town of Hull? Or what right hath he to his Money, Plate, or Iewels, that We have not to Our Magazine or Munition there? If We had ever such a Title, We would know when We lost it. And if that Maga­zine and Munition (bought with Our own Mo­ney) were ever Ours; When, and how that Proper­tie went out of Vs. We very well know the great and unlimited Power of a Parliament, but We know as well,, that it is onely in that sense, as We are a part of that Parliament. Without Vs, and against Our Consent, the Votes of either, or both Houses together, Must not, Cannot, Shall not (if We can help it, for Our Subjects sake, as well as Our Own) forbid any thing that is enjoyned by the Law, or enjoyn any thing that is forbidden by the Law; But in any such alteration which may be for the peace and happinesse of the King­dom, We have not, shall not refuse to consent: And We doubt not, but that all Our good Sub­jects will easily discerne in what a miserable inse­curity and confusion they must necessarily, and in­evitably [Page 7]be, if Descents may be altered, Purchases avoided, Assurances and Conveyances cancelled, the Soveraign Legall Authority despised and re­sisted, by Votes or Orders of either, or both Houses: And this We are sure is Our case at Hull; And as it is Ours to day, by the same rule it may be theirs to morrow.

Against any desperate designes of the Papists, We have sufficiently expressed Our zeal and inten­tions, and shall be as forward to adventure Our own Life and Fortune to oppose any such De­signes, as the meanest Subject in Our Kingdom.

For the Malignant Party, as the Law hath not to Our knowledge defined their condition, so hath neither House presented them to Vs, under such a Notion as We may well understand whom they intend, and We shall therefore only enquire af­ter, & avoid the Malignant Party under the Cha­racter of persons disaffected to the Peace and Go­vernment of the Kingdom, and such who (neglect­ing and despising the Law of the Land) have given themselves other Rules to walk by, and so dispen­sed with their Obedience to Authority: Of these persons (as destructive to the Common Wealth) We shall take all possible Caution.

Why any Letters intercepted from the Lord Digby (wherein he mentions a Retreate to a place of Safety) should hinder Vs from visiting Our own Fort, and how We have opposed any wayes of Accommodation with Our Parliament, and what wayes and Overtures have been offered in any way, or like any desire of such Accommodati­on, or whether Our Message of the 20. of Ianuary [Page 8]last (so often in vain pressed by Vs) have not suf­ficiently expressed Our earnest desire of it, let all the world judge: Neither is it in the power of any per­sons to encline us to take Arms against Our Par­liament, and Our good Subjects, and miserably to imbroil this Kingdom in Civil Wars. We have given sufficient evidence to the world how much Our Affections abhor, and Our heart bleeds at the apprehension of a Civil War; And let God and the world judge, if Our Care & Industry be onely to defend and protect The Liberty of the Subject, The Law of the Kingdom, Our own just Rights (part of that Law) and Our Honour (much more precious then Our Life) and if in opposition to these any Civill Wars shall arise, upon whose Ac­count these any Civill Wars shall arise, upon whose Ac­count the Blood and destruction that must follow must be cast: God, and Our own conscience tells Vs that We are clear.

For Captain Leggs being sent heretofore to Hull (though by the way, this is the first time we ever heard that he was accused for the practice of bring­ing up the Army against the Parliament, neither do We yet know that there is such a charge against him) or for the Earl of Newcastles being sent thi­ther by Our Warrant and Authority, We asked a Question long ago in Our Answer to both Houses concerning the Magazine at Hull, which We have cause to think is not easie to be answered: Why the generall ruinour of the Designe of Papists in the Northern parts, should not be thought sufficient ground for Vs to put in such a person of Honour, Fortune, and unblemished Reputation (as the Earl of Newcastle is known to be) into a Town and [Page 9]Fort of Our own, where Our own Magazine lay; And yet the same Rumour be Warrant enough to commit the same Town and Fort without Our consent to the hands of Sir John Hotham, with such a Power as is now too well known and un­derstood. How Our Refusall to have that Maga­zine removed upon the Petition of both Houses, could give an advantage against Vs to have it ta­ken from Vs; And whether it was a refusall, all men will easily understand who read Our Answer to that Petition, to which it hath not been yet thought fit to make any Reply.

For the Condition of those persons who presented the Petition to Vs at York, (whom that Declara­tion calls, Some few ill affected persons about the City of York) to continue the Magazine at Hull, We make no doubt but that Petition will appear to be Attested both in number and weight, by persons of Honour and Integrity, and much more conver­sant with the Affections of the whole County, then most of those Petitions which have been received with so much Consent and Approbation: And for their presumption of interposing their advice, We the more wonder at that Exception, when such En­couragement hath been given, and thanks decla­red to multitudes of mean, unknown People, Prentices and Porters, who have accompanied Petitions of very strange natures.

For the manner of Our going to Hull, We have clearly set forth the same in Our Message to both Houses of that Businesse; And for any intelligence given to Sir John Hotham of an Intention to de­prive him of his life, as We know there was no such [Page 10]Intention in Vs, having given him al possible assu­rance of the same at Our being there; so We are con­fident no such intelligence was given; Or if it were, it was by some villain, who had nothing but ma­lice, or designe to fright him from his due Obedi­ence, to warrant him. And Sir John Hotham had all the reason to assure himself, that his life would be in much more danger by refusing to admit his King into His own Town & Fort, then by yeelding Him that obedience, which he owed by his Oathes of Allegiance and Supremacie, and the Protestati­on, and he well knew was due and warrantable by the Laws of the Land.

For the number of Our Attendants (though that could a be no Warrant for such a disobedience in a Subject) it is well known (as We expressed in Our Message to both Houses, to which credit ought to have been given) that We offered to go in­to the Town with twenty Horse onely; Our whole Train being unarmed: And whosoever thinks that too great an Attendance for Our Self, and Our two Sons, have sure an Intention to bring Vs to a meaner Retinue then they yet will avow.

Here then is Our Case (of which let all the world judge) We endeavoured to visit a Town and Fort of Our own, wherein Our own Magazine lay, a Subject in defiance of Vs shuts the Gates against Vs, with armed men resists, denies and opposes Our Entrance, tels Vs in plain terms, We shall not come in. We do not pretend to understand much Law, yet in the point of Treason, We have had much Learning taught Vs this Parliament, and if the sense of the Statute 25. E. 3. Cap. 2. be [Page 11]not very differing from the Letter, Sir John Ho­thams Act was no lesse then plain high Treason: And We had been contemptibly stupid, if We had (after all those circumstances of Grace and Fa­vour then shewed him) made any scruple to pro­claim him Traitour: And whether he be so or no, if he shall render himself, We will require no other Triall, then that which the Law hath appointed to every Subject, and which We are confident We have not (in the least degree) in those proceedings violated, no more then We have done the Privi­ledge of Parliament by endeavouring in a just way to challenge Our own unquestionable Privi­ledges: for that in such a case, the declaring him Traitour, being a Member of the House of Com­mons, without Processe of Law, should be a breach of Priviledge of Parliament (of which We are sure none extends to Treason, Felonie, or breach of the Peace) against the Liberty of the Subject, or against the Law of the Land, We must have other Reasons then bare Votes.

We would know if Sir John Hotham had (with those Forces by which he kept Vs out of Our Town of Hull) pursued Vs to the gates of York (which he might as legally have done) must We have staid from declaring him Traitour, till pro­cesse of Law might have issued against him? Will feares and jealousies dispense with reall and neces­sary formes, and must We when actuall War is lea­vied upon Vs, observe forms, which the Law it self doth not enjoyn? The Cause is truely stated, let all the world judge (unlesse the meer Sitting of a Parliament doth suspend all Lawes, and We are [Page 12]the onely Person in England against whom Trea­son cannot be committed) where the fault is: And whatsoever Course We shall be driven to for the Vindication of this Our Priviledge, and for the Recovery and maintenance of Our known and undoubted Rights, We do promise in the presence of Almighty God, and as We hope for his blessing in Our successe, that We will to the utmost of Our Powers defend and maintain the true Protestant Profession, the Law of the Land, the Liberty of the Subject, and the just Priviledge and freedome of Parliament.

For the Order of Assistance given to the Com­mittees of both Houses, concerning their going to Hull, We shall say no more, but that those persons named in that Order, We presume will give no Commands, or Our good Subjects obey other, then what are warranted by the Law (how large and unlimited soever the directions are, or the Instructions may be) for to that rule We shall ap­ply Our own Actions, and by it require an account from other men. And that all Our good Subjects may the better know their dutie in matters of this nature, We wish them carefully to peruse the Sta­tute in the eleventh yeer of H. 7. Chap. 1.

We conclude with Master Pyms own words: If the Prerogative of the King overwhelm the liberty of the People, it will be turned to Tyranny; If Liberty undermine the Prerogative, it will grow into Anarchy, And so We say into Confusion.