REASON'S WHY Sir john Hotham, TRUSTED BY THE PARLIAMENT, Cannot in Honour agree to the Treaty of Pacification, made by some Gentlemen of Yorkshire, at Rothwell, Sept. 29. 1642. IT is agreed at the Treaty concluded this present 29. of September 1642. Reason. What do they treat for? Themselves, the County, or Parliament? If for themselves▪ their conclusion are but personal, and reach no further, and oblige no other part of Yorkshire. If for the Country, where did the Country authorise them, the East-Riding being unconsulted with? If for the Parliament, where is their Order? Nor is it likely th●t the Parliament will article with Delinquents here, when they refuse it with the King. And if it be objected, that the Lord Fairfax and Master Bellassis be Knights of the Shire, and so already enabled by the County: I answer No: For Master Bellassis is already disabled by the Parliament, and so not in the capacity he was before: and the Lord Fairfax articles, not only without order of the Parliament, but against it, as shall appear; for Knights of Shires are to treat for the County in the Parliament not out of it. Article 1. That all Forces Assembled together in any part of Yorkshire, or County or City of York, shall be disbanded: all those under the conduct of Captain Hotham, now in Doncaster, and all other Forces in any other part of the County under any other Commanders belonging to the Garrison at Hull, shall retire to Hull with all speed possible, and the said Captain Hotham shall begin to march from Doncaster towards Hull, upon Saturday night. Reason 1. If all forces be disbanded, how is the County secured? it is not a bare Article can defend us from an invasion of force. And for the Sheriff, or any Justice's power, it is ridiculous to be obliged by those laws, from which the enemy thinks himself at liberty: And it is a strange command they should assume over Captain Hotham, that oweth them no such obedience. Article 2. It is agreed, that no hostile, or violent act shall hereafter be done by the Garrison at Hull, either directly or indirectly by pretence of any aid or assistance whatsoever, upon the persons of any men within the County of York, or within the County or City of York, upon their goods, either in the aforesaid, or in the County of Kingston upon Hull. Reason 2. It is agreed: But who agrees to this? Not Sir john Hotham, who is (I am sure) one Card in the pack at this time: and can they oblige him by their agreement? That were to exercise a power paramount above the Parliament, and to countermand him in any act he shall do in relation to the Parliament orders. And what do they mean by an hostile act? Is the bringing Delinquents to justice an hostile act? If it hath some more violence than our laws do admit, the Delinquents may thank themselves, who of late have been of that power, as they were not attachable by such acts, being too strong for the ordinary course of law; and by terming those hostile actions that are done by virtue of Orders and Declarations of Parliament, they do arraign the Parliament of illegality and violent proceed. Article 3. It is agreed that the Commission of Array, and the Orders or Ordinance of Parliament for the Militia be wholly suspended in this County, until such times as some course be agreed upon for the ordering of the Militia by the King and Parliament, and this without disputing either the legality, or the illegallity of either, but as finding neither of them so necessary at this time as for the settling them on foot to involve this great County in blood. Reason 3. That is to put the County in a mere neutrality; this is to estate ourselves in a civil independency; this is to make every County a free Estate, or rather a trick to delude both, by keeping those rights ourselves, which they fight for. But whether King or Parliament agree or no, legalities are where they were: and by what law, Divine, Civil, or Common, can this County make itself the depositary of our interests, and exclusive of others. And again, why shall legality and illegality be equally regarded by us? shall we do no more for the first then for the last? shall legality find none to advance it? Article 4. It is agreed that no Command be imposed upon this County, but such as are legal and presidented in good times. Reason 4. Who shall judge of this legality when the Parliament imposeth Commissions? that were to set an interpretative Court above a Legislative, and to call the conclusions of England to the Bar of Yorkshire, and to indite a Parliament (the greatest Council) before the judgement of some few Gentlemen, and half of those Delinquents too; and this is to invert the course of justice, and to make offenders sit Judges. Article 5. It is agreed that no armed Forces whatsoever shall be suffered to enter this County in a hostile manner, by virtue of any pretence or command whatsoever, and they which attempt to do it, the whole County shall rise against them with force as enemies against peace to be suppressed. Reason 5. If this be, Yorkshire shall be a Sanctuary of all Delinquents, so they come not apparently armed; and by this the whole County shall be engaged to resist the Parliament, and so become involved in their delinquency: And whereas it is said here in general, that not any forces, as if the Kings as well as the Parliaments should be resisted, (latet dolus:) We know they think to save their stake at any time with the King: and can we think that they that have been ever so much for those ways, will not wheel about for all this when the first advantage appears. Article 6. It is agreed that if any carriages for household, either of the King or Queen, be to pass this County, that to prevent all other armed Forces under pretence of such a conduct to come amongst us, we shall take order to see them quietly conducted by the Sheriff of the County, with such a convoy as he shall appoint and we like, and with no other; and if it shall happen the Queen's Majesty shall return out of Holland through this County, we shall humbly beseech Her Majesty to forbear the bringng with Her any multitude of armed Forces, but to believe that we shall wait upon Her Majesty, with such an honourably Convoy as shall fit our duty, and Her Honour. Reason 6. What if in these carriages under pretence be concealed ammunition to supply the war betwixt the King and Parliament, shall this County be bound to give it safe wastage, and so implicitly contribute to the mischiefs of the Kingdom. And for any Petition to the Queen to dismiss her forces, it is ridiculous: Is it probable that she will be so much wanting to her design, as to dismiss them upon a bare Petition? and what shall a paper Petition do, when the Country is not in any posture to relieve their Petition if denied? And if her Majesty had been so easily petitioned out of her preparations, what an omission and error was in the whole Kingdom, that never petitioned her all this while in Holland, and so have saved the blood and peace of this Kingdom. Article 7. It is agreed that if any warlike provision be desired, to be passed this Country for his Majesty's service, that we shall humbly petition His Majesty, that he would be pleased to convey the same some other way, being it may be an occasion of interrupting our peace. Reason 7. Such a Petition were to promote the supplies of war against the Parliament; and what matter is it which way provision go, if it arrive where it is designed; ought we not rather to be in a posture of defence, to be able to surprise all such provisions, it appearing by many Declarations that the King, seduced by wicked Council, makes war against his Subjects. Article 8. It is agreed, that none shall be arrested in this County as Delinquents to either party, but by a legal, peaceable, and quiet way, that is, by the legal Officers and their assistants only, and not by armed men and Soldiers, who may be an occasion to bring fire amongst us. Reason 8. But put the case, as now it is, that no power but an armed power can bring Delinquents to justice, what shall they be left alone, because none but a legal power can do it; like the Jew of Tewxbury, who because he could not be relieved according to his law, died in a Privy. I confess a peaceable and quiet proceeding in justice were very commendable, were it seasonable; and for aught I know an armed force is as legal now, as any course of justice: the Parliament have not only declared so, but our adversaries have heigthned and necessitated justice to take up arms. Article 9 9 It is agreed that a general amity be made betwixt all the Gentry and others of this County, of all former unkindnesses, and differences that have been bred by these unhappy distractions, and that we hereafter will be as ●●e man to defend one another, according to the Law, against all others, leaving all offences to be punished by the Law of the Land, and not by force and violence. Reason 9 The Earl of Cumberland was by Commission General of Yorkshire, and he hath more honour than to suffer without public reparation made to him such a fault being in itself odious. But done within his government without his privity, a great diminution to his honour: And 'tis not yet known that the Captain of the Troop is returned to him for punishment, without which indifferent men will not believe good faith to be meant. But suppose those forces return again, where is the power that shall as suddenly suppress them as they shall suddenly offend, they being not to be brought to justice but by a power as armed as they: so as this County is necessarily engaged to keep forces stirring, else there can be no speedy repulse. Article 10. It is agreed that whosoever in this County, shall be made to appear either to be the author, contriver or assister, to the burning of Sir Edward Rhodes his house, or pillaging any other man's house in this County, we shall all see them (if they be able) to make reparation, and however to be brought to justice. Reason 10. That were to make the Delinquents, and those that have stood to their religion and liberty in one case; for oblivion of former unkindnesses I commend their Christianity, if the quarrel were only their own, but the differences are not personal, but in reference to the public (and now who is my Brother? and what are my Brethren?) yet I have so much Logic as to tell how to love the Malignants, and attach them too; love them as Country men, and arrest them as Delinquents: as our English King that imprisoned his Brother, not as a Bishop, but as an Earl. Article 11. It is agreed, that it is intended by disbanding of the Armies, that His Majesty shall have all liberty for the removing of all such Canon and Munition, as he hath in this County. Reason 11. This Article still advanceth the war against the Parliament; for why should we agree that any ammunition should be sent to those forces: that are declared enemies to the state, why should not rather all ammunition be surprised, as the Parliament hath ordered; this is directly against their Orders and Declarations. Article 12. It is agreed, that all the Arms which do belong to any of the trained Bands of this Gounty, which hath been taken from them since the 12. of this instant September by either party, shall be presently restored, and that Captain Hotham shall leave behind him when he returns into Hull, all those brass Pieces belonging to His Majesty, which are now in Doncaster, except such as he himself brought thither himself from Hull. Reason 12. This Article might be allowed, if all the trained Bands were of one constitution, but since there are many malignants, whose arms do better in the hands of others, it were very disadvantageous to our peace that the malignant party should be armed, and contrary to the proceed of Parliament; It is no wisdom therefore to put swords again into our enemy's hands. Article 13. It is agreed, that no further Forces shall during this difference betwixt King and Parliament, be either raised in, or paid by this County, for this war, other than such as are already levied, and really raised, and all such also presently to go out of this County, without rasing any more. Reason 13 This is like the former, to prevent all surprisal of their own persons, to keep the Country naked and unprepared for resistance, and if the raised forces pass to the King, we tacitly contribute to the strengthening of Delinquents, and advancing the war against the Parliament. Article 14. It is agreed, that a humble Remonstrance, and Declaration of these our Resolutions we presently send, both to the King and Parliament, accompanied with an humble Petition from us all, that according as we all have unanimously agreed for our particular peace, so they would be pleased so far to commiserate this distracted Kingdom, to do the same for the general peace of the whole. Signed by the Committee for the Treaty. Heny Ballases. Sr. William Savill. Sr. Edward Osburne. Sr. john Ramsden. john Hopton. Francis Nevil. Sr. Thomas Fairfax. Sr. Thomas Malmerer. Sr. William Lister. William White. Thomas Stockdaile. Reason 14. I conceive though their Petition be never so humble, it is inconsistent with your Articles for your particular peace you represent: Know the laws of State, and Imperial ceremonies better, and give not law to those from whom you ought to receive; and if their peace shall be like yours, which you desire it should be, they shall shake hand with the Delinquents upon even terms; and than what is left to defray the expense the Kingdom hath been put to by their practices. To conclude, what peace is this you make, as if the Pilot would save his own when the ship were sinking, as if you would article the County into a naked unpreparedness for any resistance and defence, and yourselves into some security (the King being too fare off to supply) and article the Country against Sir john Hotham, and against the Orders of Parliament, and by consequence of his trust, and in sum, under the notion of treaty and reconciliation, article the rest of the Gentry into your own Delinquency, and all into a mysterious conspiracy against King and Parliament. FINIS.