THE DECLARATION, VOTES, and ORDER of Assistance of both Houses of PARLIAMENT, Concerning the Magazine at Hull, and Sir john Hotham Governor thereof AND His Majesties Answer thereunto. With the Statute of 11 H. 7. cap. 1. mentioned in the said Answer.  
Published together by His Majesty's Command.  
LONDON: Printed by ROBERT BARKER, Printer to the Kings most Excellent Majesty: And by the Assigns of JOHN BILL. MDCXLII.   

The Declaration, Votes, and Order of Assistance of both Houses of Parliament, Concerning the Magazine at Hull, and Sir john Hotham Governor thereof.  
THe Lords and Commons in Parliament, finding just cause to fear, not only the desperate designs of Papists, and others of the malignant party at home, but also the malice of Enemies, incited by them from abroad, Thought it necessary for the safety of this Kingdom, to secure the Town of Kingston upon Hull, being one of the most considerable places for strength, and affording the best conveniency for Landing of Foreign Forces; And where a great part of the Magazine of the Kingdom for that time was placed; And for that end appointed Sir john Hotham, one of the Members of the House of Commons, being a Gentleman of the same County, of a considerable Fortune, and approved Integrity, to take upon him the government of that Town, and to draw thither some of the Trained Bands for the Guard thereof: In which apprehension and resolution thereupon taken, they are the more confirmed by the sight of some intercepted Letters of the Lord Digby, (a principal person of that party) written to the Queen and Sir Lewis Dives, whereby that party discovered an endeavour to persuade His Majesty to declare Himself, and retire into some place of safety in this Kingdom, in opposition to ways of Accommodation with His people, and to give the better opportunity to himself, and other dangerous persons to resort thither; which could have no other end but to incline His Majesty to take Arms against His Parliament and good Subjects, and miserably to imbroil this Kingdom in civil Wars.  
About which time Captain Legg (a man formerly employed in the practice of bringing up the Army against the Parliament) had direction by Warrant produced by him, under the King's hand and sign Manual, to enter Kingston upon Hull, and to draw thither such of the Trained Bands as he should think fit: And that the Earl of Newcastle came thither in a suspicious way, and under a f igned name, and did endeavour to possess himself of the said Town, by virtue of the like Warrant and Authority.  
They further conceiving, that the Magazine there being of so great importance to this Kingdom, would be more secure in the Tower of London, did humbly Petition His Majesty to give His consent the same might be removed, which notwithstanding His Majesty did refuse; And thereupon some few ill affected persons about the City of York, took upon them the presumption, in opposition to the desires, & in contempt of both Houses, to Petition His Majesty to continue the Magazine at Hull, Alleging it to be for the safety of His Majesty, (as if there could be a greater care in them of His Majesty's Royal Person then in His Parliament) And His Majesty, the next day after the delivery of that Petition, being the three and twentieth of this instant April, took occasion thereupon to go to the Town of Hull, attended with about four hundred Horse, (the Duke of York and the Prince Elector being gone thither the day before) and required Sir john Hotham to deliver up the Town into His hands: Who perceiving His Majesty to be accompanied with such Force as might have mastered the Garrison of the Town; And having received intelligence of an intention to deprive him of his life, in case the King should be admitted, informed His Majesty of the trust reposed in him by both Houses of Parliament, and that he could not, without breach of that trust, let Him in; beseeching His Majesty to give him leave to send to the Parliament, to acquaint them with His Majesty's commands, and to receive their directions thereupon, which he would do with all expedition. Which Answer His Majesty was not pleased to accept of; but presently caused him and his Officers to be proclaimed Traitors before the Walls of the Town, and thereupon dispatched a Message to both Houses, therein charging Sir John Hotham with high Treason, and aggravating his offence, because he pretended the Parliaments command, (In the mean while hindering him of all means of intelligence with the Parliament) For His Majesty immediately caused all Passages to be stopped between him & them; And in pursuance of the same, one of his servants, who was sent by him with Letters to the Parliament to inform them of the truth of those proceed, was apprehended, his Letters taken from him, and his person detained, whereby (contrary to the common liberty of every Subject) he was not only deprived of means to clear himself of that heavy accusation, but of all ways of intercourse, either to receive directions from them that trusted him, or to inform them what had happened.  
The Lords and Commons-finding the said proceed to be a high violation of the Privileges of Parliament, of which His Majesty had in several Messages expressed Himself to be so tender; A great Infringement of the Liberty of the Subject, and the Law of the Land, which His Majesty had so often lately professed should be the rule to govern by, and tending to the endangering of His Majesty's Person, and the Kingdom's peace; Thought fit, as well for the vindication of their own Rights and Privileges, the Indemnity of that worthy person employed by them, as for the clearing of their own proceed, to publish these ensuing Votes, which were made upon a former relation that came from the King.   

Die Jovis. 28. April. 1642.  
Resolved upon the question.  
THat Sir john Hotham Knight, according to this relation, hath done nothing but in Obedience to the Command of both Houses of Parliament.  
Resolved, etc. That this declaring of Sir john Hotham Traitor, being a Member of the House of Commons, is a high breach of the privilege of Parliament.  
Resolved, etc. That this Declaring of Sir john Hotham Traitor without due process of Law, is against the Liberty of the Subject, and against the Law of the Land.   

¶ The Order of Assistance given to the Committees of both Houses, concerning their going to Hull, April. 28. 1642.  
WHereas the Earl of Stamford, the Lord Willoughby of Parham, Sir Edward Ayscoghe, Sir Christopher Wray, Sir Samuel Owfield, and Master Hatcher, are, by the Lords and Commons in Parliament assembled, commanded to make their repair into the Counties of York and Lincoln, and the Town of Kingston upon Hull, for special Service for His Majesty, and the Peace and Safety of the Kingdom, and accordingly have received particular Instructions for their better direction therein; These are to require all Lords-Lieutenants, and their Deputies, Sheriffs, Justices of the Peace, Majors, Bailiffs, Constables, and all other His Majesty's Officers and loving Subjects, to be aiding and assisting unto them upon all occasions, as need shall require.   

His MAJESTY'S Answer To the Declaration, Votes, and Order of Assistance of both Houses of Parliament, concerning the Magazine at 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 unheard of affront offered unto Us 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 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 of former times, and unwarrantable by any Precedents, but what themselves have made; yet Hear 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 Vs. 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, & 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 & 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 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 ruinour 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 & 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 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 only; Our whole Train being unarmed: And whosoever 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 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 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 endeavouring 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 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 eleventh 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.   

Anno 11 Hen. 7. Cap. 1.  
None that shall attend upon the King, and do him true Service, shall be attainted, or forfeit any thing.  
THe King our Sovereign Lord casting to his remembrance the duty of allegiance of his subjects of this his Realm, and that they by reason of the same are bound to serve their Prince and Sovereign Lord, for the time being in his wars, for the defence of him and the Land, against every Rebellion, power, and might, reared against him, and with him to enter and abide in service in battle, if case so require, and that for the same service, what fortune ever fall by chance in the same battle, against the mind and will of the Prince (as in this land sometime passed hath been seen) that it is not reasonable but against all Laws, reason, and good conscience, that the said Subjects going with their Sovereign Lord in wars, attending upon him in his person, or being in other places by his commandment within this land or without, any thing should lose or forfeit for doing their true duty and service of allegiance.  
It be therefore Ordained, Enacted, and Established by the King our Sovereign Lord, by the advice and assent of the Lords Spiritual, and Temporal, and the Commons in this present Parliament assembled, and by Authority of the same, That from henceforth no manner of person, or persons whatsoever he or they be, that attend upon the King, and Sovereign Lord of this Land for the time being, in his person, and do him true and faithful service of Allegiance in the same, or be in other places by his Commandment in his Wars, within this Land, or without: That for the said deed, and true duty of Allegiance, be, or they be in no wise convict or attaint of high Treason, ne of other offences for that cause, by Act of Parliament, or otherwise by any Process of Law, whereby he or any of them shall lose or forfeit Life, Lands, Tenements, Rents, Possessions, Hereditaments, Goods, Chattels, or any other things: but to be for that deed and service utterly discharged of any vexation, trouble, or loss. And if any Act, or Acts, or other Process of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance, that then that Act, or Acts, or other Process of the Law, whatsoever they shall be, stand and be utterly void. Provided always, that no person, or persons shall take any benefit, or advantage by this Act, which shall hereafter decline from his, or their said Allegiance.  
FINIS.