HIS MAJESTY'S ANSWER TO The DECLARATION and VOTES of both Houses of Parliament concerning HULL, SENT May 4. 1642. LONDON: Printed by ROBERT BARKER, Printer to the Kings most Excellent Majesty: And by the Assigns of JOHN BILL. MDCXLII. C R HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT royal English blazon or coat of arms of Charles I His Majesty's Answer To the Declaration of both Houses of Parliament concerning Hull, sent May 4. 1642. SInce Our Gracious Message of the 24. of April last to both Houses of Parliament (demanding justice for the high, and unheardof Affront offered unto Us at the Gates of Hull, by Sir John Hotham) is not thought worthy of an Answer; but that instead thereof they have thought fit by their printed Votes of the 28. of April last, to own and avow that unparallelled Act of Sir John hotham's, 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 Proceed there, to publish a Declaration concerning that business, as an appeal to the People, and as if their intercourse with Us, and for Our satisfaction were now to no more purpose, though We knew this course of theirs to be very unagreeable to the Modesty & Duty of former times, and unwarrantable by any Precedents, but what themselves have made; yet We are not unwilling to join issue with them in this way, and to let all the world know, how necessary, just, and lawful all Our Proceed have been in this Point, and that the defence of these Proceed, is, The defence of the Law of the Land, Of the Liberty and Property of the Subject, and that by the same Rule of justice, which is now offered to Us, 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 Earl of Strafford (published by the Order of the House of Commons) The Law is the safeguard; The Custody 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 jewels, 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 Property went out of Us? We very well know the great and unlimited Power of a Parliament; but We know as well, that it is only in that sense, as We are a part of that Parliament. Without Us, and against Our consent, the Votes of either, or both Houses together, must not, cannot, shall not (if We can help it, for Our Subject's sake, as well as Our own) forbidden any thing that is enjoined by the Law, or enjoin any thing that is forbidden by the Law, but in any such alteration which may be for the Peace and happiness of the Kingdom, We have not, shall not refuse to consent: and We doubt not but that all Our good Subjects will easily discern in what a miserable insecurity and confusion they must necessarily and inevitably be, if Descents may be altered, Purchases avoided, Assurances and Conveyances canceled, the Sovereign Legal 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 designs 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 Designs, 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 Us, under such a Notion as We may well understand whom they intent, and We shall therefore only inquire after, and 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 Retreat to a place of Safety) should hinder Us from visiting Our own Fort, and how We have opposed any ways of Accommodation with Our Parliament, and what ways and Overtures have been offered in any way, or like any desire of such Accommodation, or whether Our Message of the 20. of january last (so often in vain pressed by Us) have not sufficiently expressed Our earnest desire of it, let all the world judge: Neither is it in the power of any persons to incline 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 and Industry be only 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 than Our Life) and if in opposition to these any Civil Wars shall arise, upon whose Account the Blood and destruction that must follow must be cast: God, and Our own conscience tells Us that We are clear. For Captain Legs 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 easy to be answered: Why the general rumour of the design of Papists in the northern parts, should not be thought sufficient ground for Us 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 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 refusal to have that Magazine removed upon the Petition of both Houses, could give an advantage against Us to have it taken from Us; And whether it was a refusal, 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 Us 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, than 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, Prentice's 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 Business; 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 Intention in Us, having given him all 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 design 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 and Fort, then by yielding Him that Obedience, which he owed by his Oaths of Allegiance and Supremacy, 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 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 only; Our whole Train being unarmed: And whofoever thinks that too great an attendance for Ourselves, and Our two Sons, have sure an Intention to bring Us to a meaner Retinue than they yet will avow. Here is then 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 Us shuts the Gates against Us, with armed men resists, denies and opposes Our Entrance, tells Us 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 Us this Parliament, and if the sense of the Statute 25. E. 3. cap. 2. be not very differing from the Letter, Sir John Hothams' Act was no less than plain high Treason: And We had been contemptibly stupid, if We had (after all those circumstances of Grace and Favour then shown him) made any scruple to proclaim him Traitor: And whether he be so or no, if he shall render himself, We will require no other Trial, then that which the Law hath appointed to every Subject, and which We are confident We have not (in the least degree) in those proceed violated, no more than We have done the Privilege of Parliament by andeavouring in a just way to challenge Our own unquestionable Privileges: for that in such a case, the declaring him Traitor, being a Member of the House of Commons, without Process of Law, should be a breach of Privilege of Parliament (of which We are sure none extends to Treason, Felony, 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 Us out of Our Town of Hull) pursued Us to the gates of York (which he might as legally have done) must We have stayed from declaring him Traitor, till process of Law might have issued against him? Will fears and jealousies dispense with real and necessary forms, and must We when actual War is levied upon Us, observe forms, which the Law itself doth not enjoin? The cause is truly stated, let all the world judge (unless the mere Sitting of a Parliament doth suspend all Laws, and We are the only 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 Privilege, and for the Recovery and maintenance of Our known and undoubted doubted Rights, We do promise in the presence of Almighty God, and as We hope for his blessing in Our success, 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 Privilege and freedom 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 duty in matters of this nature, We wish them carefully to peruse the Statute in the 11th year 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. FINIS.