A sovereign ANTIDOTE TO PREVENT, APPEASE, AND Determine our unnatural and destructive civil wars and dissensions. WHEREIN Divers serious considerations tending to this purpose are propounded both to the King and Subjects, the Parliaments and Sir John Hotham's proceedings at Hull and in the Militia justified, Sir John Hotham's actions proved to be neither Treason, Felony, nor trespass, by the Laws of the Land, nor any just ground or c●use at all for his majesty to raise an Army, or a most unnatural civil war in his kingdom. With a most serious Exhortation both to the King and subjects to embrace and preserve peace and abandon civil wars, with other matters worthy of consideration. PROV. 12. 20. To the Counsellors of peace is joy. MAT. 6. 9 Blessed are the Peacemakers, for they shall be called the children of God. LONDON, Printed in the year 1642. A sovereign ANTIDOTE TO PREVENT APPEASE, AND Determine Our unnatural and destructive Civill-Wars and dissensions. THE present deplorable condition of our bleeding and almost expiring Kingdom, machinating its own inevitable ruin by a causeless, groundless civil war, intended (as the Parliament informs us) by the King, a In sundry Declarations, and in certain Propositions concerning the raising of Horse, &c. (seduced through pernicious councillors) against the Parliament and the kingdom, which intention is now apparent by his besieging of Hull, and raising an Army in the North, hath in a manner constrained me (though altogether unable for such a service) to attempt the speedy redress of this transcendent calamity, by propounding certain material considerations, both to the King and kingdom, and then by examining; whether there be any just cause or ground at all on his majesty's part to levy war against Hull, the Parliament, his people, especially whilst the civil-wars in Ireland have continuance. To avoid prolixity and obscurity, I shall reduce my considerations unto these ensuing four Propositions, and the deductions from them. First, That it is the bounden duty of every good Christian King and Subject, to the uttermost of their powers, to preserve and maintain the peace and prosperity of the kingdoms wherein they live, and to prevent all civil wars and dissensions in them. This Proposition being of greatest consequence, I shall be more prolix therein, and it is thus proved. First, by these general precepts given by God, both to King and people, seek peace and pursue it, Psal. 34. 14. 1 Pet. 3. 11. Follow peace with all men, Heb. 12. 14. As much as in you lieth live peaceably with all men, Rom. 12. 18. Live in peace, be at peace among yourselves, &c. 2 Cor. 13. 11. 1 Thes. 5. 3. Ephes. 4. 3. Col. 3. 15. Rom. 14. 19 Have peace one with another, Mar. 9 50. Secondly, more particularly by the 1. Tim. 1. 2. I exhort therefore, that first of all, Prayers, Intercessions, and giving of thanks be made for all men, for Kings, and for all that are in authority, that we may lead a quiet and peaceable life in all godliness and honesty: compared with Ier. 29. 7. And seek the peace of the City, whether I have caused you to be carried away Captives, and pray unto the Lord for it, for in the peace thereof shall ye have peace. Thirdly, by that injunction of King David himself, given to all his people by Divine command, Psal. 122. 6. 7, 8. b Numb. 6. 26. Pray for the peace of Jerusalem, they shall prosper that love thee, peace be within thy walls, and prosperity within thy palaces, for my brethren's and Companions sake, I will now say, peace be within thee. Fourthly, by that speech of good Hezechia, Isa. 29. 8. 2. King. 20. 19 Good is the word of the Lord which thou hast spoken, for there shall be peace and truth in my days. Fithly, by the titles given to God and Christ in Scripture, where God is oft styled, The God of peace, Rom. 15. 33. c. 16. 10. 2 Cor. 13. 11. Phil. 4. 9 1 Thes. 5. 23. 2 Thes. 3. 16. Hebr. 13. 10. And Christ the Prince and King of peace, Isa. 9 6. Heb. 7. 2. By the several promises of God in Scripture, to give his people peace in their Land, to bless his people with peace, to ordain peace for them; to keep them in perfect peace, &c. Levit. 26. 6. Psal. 29. 11. Isa. 26. 3. 12. c. 32. 17. c. 59 13. c. 55. 12. c. 66. 12. Ezech. 34. 25. Hag. 2. 9 Zech. 8. 16. 19 By Christ's own Legacy, Who bequeathed his peace unto his people, John 14. 27. Now if God be a God of peace, and Christ a Prince and King of peace, and both of them give and promise nothing but peace unto their people; Then Kings, who are God's c 2 Chron. 9 8. R●m. 1●. 1, 2. 4. 6. Vicegerents, & aught to imitate his example, must endeavour to be Kings of peace, and study to the uttermost to preserve the kingdoms and subjects in perfect peace and prosperity, and not to make war against them. Sixthly, this is evident by two excellent speeches of David. Psal. 78. 70, 71, 72. He chose David his servant, and took him from the Sheep-fold; from following the Ewes great with young, he brought him to feed Jacob his people, and Israel his inheritance: So he fed them according to the integrity of his heart, and guided them by the skilfulness of his hands. By which text it is most most evident, that Kings are not absolute d See 1 Pet. 5. 2, 3, 4. Lords, but only shepherds or Pastors of their people, set over them by God, not to worry or slay, but to feed, guide and seek their e Neh. 2. 10. 2 Chron. 1. 10. 2 Chron. 9 8. 2 Sam. 23. 3, 4. welfare, in the integrity of their hearts, to rule them with all gentleness, care and vigilancy, provide for their security, Isa. 40. 11. Ezech. 34. 10. to 30. and if occasion be, to lay down their very lives for the safety of their flocks, as good shepherds are willing to do. John. 10. 11. 15. and as King David desired to do, in this 2d speech of his, worthy all Prince's consideration; he seeing the angel that smote the people, spoke thus unto the Lord, Lo, I have sinned and dealt wickedly, but these Sheep what have they done? Let thy hand I pray thee, be against me and my father's house, but not on the people that they should be plagued. 2 Sam. 29. 17. 1 Chron. 21. 17. Answerable whereunto is that speech of the matchless governor Moses (most zealous for his people's safety) who desired God to blot him out of his book, rather than to destroy the Israelites under his charge for their sin of Idolatry, Exod. 32. 32. And when God said unto him, Let me alone that I may consume them; for they are a stiffnecked people, and I will make of thee a great Nation: He utterly refused this offer, and continued expostulating the case with God in Prayer in the Israelites behalf, Beseeching him to turn from his fierce wrath, and to repent of the evil against his people, till he caused God to repent of the evil which he thought to do unto his people, Exod. 32. 9 to 15. Numb. 14. 11. to 21. O that all Christian Kings and Princes were now so zealous of their people's safety (as in truth they ought to be) they durst not then levy war against them, much less excite them to shed one another's blood. If these divine precepts and examples be not sufficient to clear this shining truth, I shall add some human authorities to ratify it, and that both of Pagans and Christians: To begin with pagans' Resolutions, it was a worthy saying of f Plutarchi Apothegmata. Pelopidas, when, going forth to Battle, his wife wished him to save himself, others (quoth he) are to look to this, but a Prince and Emperor ought to take care how he may save his Subjects, g Hist. l. 10. p. 486. a good Prince (writes Q●. Curtius') esteems the safety of his subjects more dear unto him than his own life. It is an excellent Observation of h De Clementia l. 1. c. 19 Seneca, that though all other Bees have stings, which they leave in the wound yet the King among the bees hath no sting at all, for nature would not have him to be cruel, nor revengeful to his cost and therefore hath taken away his sting, and left his anger unarmed▪ This should be a great example to mighty Kings, let them be not ashamed to learn manners from small creatures, seeing the minds of men ought to be more moderate, by how much the more vehemently it may do harm: Security is to be gained by mutual security, &c. King's have one impregnable fortification, the love of their subjects; which they shall then be sure of, when they deem the commonwealth not to be theirs, but they to be the commonwealths. And he concludes thus, i Ibidem. cap. 26. There is no Ornament more worthy and more becoming a Prince's highness, than that Crown ob c●ves servatos, for preserving and saving his subjects: Not hostile arms taken from the conquered, not the Chariots of the Barbarians died with blood not the spoiels gained in war. Many more instances of this nature, I pretermit for brevity, to pass from Pagans to Christians, k Zonarus Annal. Tom. 3. p. 117. Constantine the great was wont to say, that an Emperor ought to spare, no not his own members, for the preservation of the people's tranquillity. Pope Elutherius in his l Spelma●ni Concil. p. 34. and in sundry other of our writers. Epistle to our King Lucius, the first Christian King, about the year of our Lord 169. writes thus to him. The Nations and people of the kingdom of Britain are yours, which being divided, you ought to congregate and reduce into one, to concord and peace: and to faith, and the law of Christ, and to the holy Church, to cherish, protect, maintain, govern and defend them from injurious and malicious persons and enemies. A King is named from governing not from a kingdom; Thou shalt be a King whilst thou rulest well, which unless thou shalt do, the name of a King shall not remain in thee, and thou shalt lose the name of a King which God forbid. Finally to close up this Proposition; the Kings of England (and so the Emperors with most other Christian Princes) doth take this solemn oath, and make this serious Protestation to their subjects at the Coronation, m See Totles' Magna Charta, 1571. The Parliaments Remonstrance 26. of May, 1642. p. 9 And his majesty's Answer thereto. p. 16. ●7. I will keep peace and godly agreement entirely (according to my power) both to God, the holy Church, the Clergy and the People. By which oath they are obliged, under pain of highest perjury, to preserve the general peace of the kingdom and people; to avoid all civil wars, unless in case of their subjects open Rebellion, not any otherwise to be suppressed but by a war against them: and not to arm one subject, to assault or destroy another. Neither is this a late devised oath, in Henry the fourth his time, but King Henry the first, King Stephen, Richard the first, King John, and Henry the third, (as Matthew Paris records in their lives) took the same oath at their Coronations, and promised faithfully to fulfil it, and all our other Kings since have done the like. From this first Proposition, Conclusions deducted from the former Proposition. thus abundantly ratified, these conclusions necessarily ensue. First, that his majesty cannot without great sin and wilful perjury raise a civil war against the Parliament and kingdom, and excite his loving subjects (who have lived in peace for so many years, and are all of one Nation, one Religion, one flesh and blood) without any just cause, most unnaturally to destroy and murder one another, and so to ruin their own native country and undo themselves and their Posterity. Secondly, that no faithful subjects ought to foment or promote such an unreasonable, unnatural civil war, or give any assistance to it in the least degree upon any considerations whatsoever, but to the uttermost of his power by his prayers and all other lawful means to prevent oppose and withstand it, for the preservation both of the King, kingdom, Parliament, their own Liberties, Inheritances, Lives, Persons, Families E●tates and Religion, and to unite all their Forces to ●●●inguish the ●●●ames of civil dissensions already kindled among us. Thirdly, that those malignant spirits who counsel and instigate his majesty to a civil-war against his Parliament and people, are most unnatural Vipers, and traitors to their Coun●rey, desperate rebels against God, and most execrable wicked persons, and so God himself hath proclaimed them to all the world, Isa. 59 5. to 10. They hatch Cokatrice eggs, and weave the Spiders Webb; he that eateth of their eggs dyeth, and that which is crushed breaketh out into a Viper, their works are works of iniquity, and the Act of violence is in their hands, their feet run to evil, and they hast to shed Innocent blood, their thoughts are thoughts of iniquity, wasting and destruction is in their paths, the way of peace they know not, & there is no judgement in their goings, they have made them crooked paths, whosoever goeth therein shall not know peace. And Rom. 3. 13. to 19 Their throat is an open Sepulere, with their tongues they have used deceit, the poison of asps is under their lips, their mouth is full of cursing and bitterness, their feet are swift to shed blood, destruction and misery are in their ways, and the ●ay of peace they have not known, there is no fear of God before their eyes. O, miserable unhappy Princes who are advised, seduced by such pernicious Counsellors! O rash i. considerate wretched people, who are besotted by them, so far as to take up arms against their native country, to b●come their own, their brethren's, the Parliaments, and kingdom's Executioners, and thereby most * Nullihostes digniores supplicio sunt quam ij qui contra patriam arma sum unt. 〈◊〉 ad Qu. Iretrem. detestable traitors! as all such who take up arms against the Parliament are adjudged, to be in the Parliament of 11. R. 2. the record whereof was published in print by Order of both Houses, May 27. 1642. to which I shall refer you. Fourthly, that if the King against his Oath and Office, will without just cause make war upon his Parliament and kingdom, they may lawfully take up arms for the preservation of the kingdom's peace, and their own just defence, for when the King who should protect them, will against the trust and duty of his royal Dignity, set himself to destroy them; they having no other protection, may justly protect and defend themselves, even as soldiers, Children, Wives, Servants, may by the equity of all Laws, lawfully by open force defend themselves against the bloody assaults and violence of their generals, Parents, Husbands, Masters, who seek to take away their lives, though in all lawful things they ought to be subject and obedient to them: If a King should causelessly run at a subject with a naked sword to kill him, the subject may lawfully put by his thrust and defend his life, which a King ha●h no power to take away, * See 1 Kings 21. throughout 2 Kings 9 25. Exod. 1. 16. to 22. but upon just grounds after a legal trial, and that in a legal, not an extraordinary way, Much more than may the whole Parliament and kingdom withstand a Kings open causeless hostility against them, to preserve themselves and the kingdom from destruction. This is evident even by divine Authority, as namely by the example of David, who though a subject n 1 Sam. 22. to 27. took up arms and raised an Army to defend himself against King Saul his sovereign, who causelessly made war against him and sought his life, and though he still avoided Saul, and twice refused to hurt or murder his Person, when he was in his power, because he was God's anointed: Yet no doubt had Saul assaulted him with his army, he would have defended himself against him in battle: Nay, this is manifest in an Higher Degree by that most Observable Passage in the 1 of Samuel 14. 39 to 46. Where when King Saul had made a Rash vow, that whosoever had tasted any thing that day, (contrary to his command, whiles he pursued the Philistines) he should die the death, though it were Jonathan his son, who procured that Victory and the Lot fell upon Jonathan, who did but taste a little Honey on the top of his Rod, who said, and lo I must die for this; Saul answered, God do so, and more also, for thou shalt surely die Jonathan; the people thereupon said to Saul (notwithstanding, he were their King, and had made two such solemn Oaths) shall Jonathan die, who hath wrought this great deliverance in Israel God forbid; as the Lord liveth, that shall not one hair of his head fall to the ground, for he hath wrought with God this day, so the people rescued Jonathan, that he died not. Here the people not only justly defend, but rescue Jonathan, being an Innocent from death, not only contrary to the resolution, but vows and Oaths of their own King, to put him to death, and so doubtless they would have defended themselves by force in the like case. There is a notable place to this purpose in the 1 of Kings 12, 13. to 25. 2 Chron. 11. 1. to 5. Where when the ten Tribes (through Rehoboam's following of the rash counsel of the young men) revolted and rebelled against him, being their lawful King, and made Jeroboam King over them, Rehoboam, as soon as he fled from them and came to Jerusalem assembled all the Tribe of Judah, and the House of Benjamin, an hundred and fourscore thousand men, which were warriors, to fight against the House of Israel: (who rebelled and revolted) to bring the kingdom again to Rehoboam the son of Solomon. But the word of God came to Shemajah the man of God, saying speak unto Rehoboam the King of Judah, and unto all the house of Judah and Benjamin, and to the remnant of the people, saying. Thus saith the Lord, You shall not go up to fight against your Brethren the Children of Israel, (though rebels) return every man to his house, for this thing is from me. They harkened therefore to the word of the Lord, and returned to depart, according to the word of the Lord, from going against Jeroboam and their Brethren. Here God himself prohibits both King and people to raise a civil-war against their Brethren, though rebels and revolvers in the highest degree, and they both lay down arms hereupon for the present. And when Rehoboam and Abijah his son afterwards made war upon them; they did lawfully resist and oppose them, 1 Kings 14. 30. c. 15, 6. 2 Chron, 12, 15. and chap. 13. throughout. So the men on Tirzah, being besieged by King Omri to take Zimri, lawfully defended themselves for a time, 1 Kings 16, 17, 18. and thus did those of Bethmaachan against Joab, 1 Sam. 20, 14. to 23. To pass from Scripture precedents. Infinite are the examples in histories of subjects (who by the very dictate law of nature, which instructeth every creature to defend itself against unjust violence) defended themselves in all ages against the assaults oppressions and groundless wars of their unnatural Princes. But the many late examples of this kind of the Protestants in France, Germany, and Bohemia, who have by open force defended their persons, estates, Religion, against those Popish Kings and governors, who have causelessly levied war against them, (which act of theirs all Protestants affirm to be lawful both by the laws of nature, God and man) and our own domestic examples of the long continued Barons wars both in King John's, o See M●thew Pa●●s, Ho●●●, Wa●singham, Speed, Stow, G●●ston, Matthew Westminster, 〈◊〉, and others. King Henry the thirds, Edward the seconds, and Richard the seconds reigns who took up arms against these Princes, for the just defence, preservation, and establishment of the Laws and Liberties of the kingdom (which these Princes contended to subvert) even in times of Popery; which act of theirs, by the Prelates, Clergy and people of those times, and by all succeeding Ages since; was and hath been resolved, not only lawful, but p Optin 〈◊〉 〈◊〉 〈◊〉 qui et omnibus Laudibus 〈◊〉, qui sua corpora pro 〈◊〉 〈◊〉 def●●sione peri●uris ab jecerunt, Isocra●es p. 108. honest, just and honourable, and worthy eternal Encomiums, by means whereof our kingdom hath quietly enjoyed those laws and Liberties, which they contended for, ever since, which otherwise had been long agone utterly lost, and the kingdom with them; will abundantly suffice to clear and ratify this conclusion, beyond all contradiction or excep●ion of any malignant Spirits. Fifthly, that it is lawful and necessary for the Parliament for the preservation of the kingdom's peace, Nihil est praestabilius viro ●orti, quam per●●u●●s patriam libera●e, Cicero, pro An. Milone, Orat, Mortes pro pa●●● appo●●ae, non so●u● glo●●● Rheto●ibus, sed et●a● beatae v●der. solent. Cre●●o. ●ust. Quaest. lib. 2. and safety, its necessary defence, and the better prevention of civil-wars, to settle the Militia, and secure the Magazines of the realm by such means as may most effectually advance and accomplish this great much opposed work, since His majesty hath refused to pass a Bill to accomplish it. Neither is this way of settling the Militia a Novelty, but the most ancient practice and custom of this kingdom, for it appears by King * See cook's 〈◊〉 on Magna Char●a, f●l. 17●, 175. And Leges Edwardi Regis cap. de Her●tochijs in Lamberds Archion. Edward's laws, that in his and former ages the lieutenants and supreme Commanders of the Mlitia in every County, were elected; per commune Concilium, pro communi v●ilitate regni, per provincias et patrias universas, et per singulas Comitatus, in ●leno Fulkemots'▪ by the common-council, for the common utility of the Realm; through every Province, country and County, in a full Falkmoth or County Court by the Freeholders of the County. And if the Freeholders in ancient times did thus in every County elect their lieutenants and captains of their Militia, to Train and Order them; yea, and the high Sheriffs too, who had the command of the whole power of the County, whom they then likewise elected as appears by the same Law of King Edward) by the same reason, and greater may the whole Parliament in this case of necessity lawfully elect them now, without any impeachment to his majesty's Prerogative. Sixthly that His majesty's late Commissions of Array, to enforce one subject to take up arms against another, in effect to maintain a civil-war, & to imprison those who refuse, contrary to the express Letter of Magna Charta, c. 29. the late Petition of Right 3. Caroli, (in the Answer whereunto His majesty professeth that it is his maxim, That the people's Liberty strengthens the King's Prerogative, and that the King's P●erogative is to defend the people's Liberties:) Is directly q See the Commons Declaration concerning the Commission of Array July 1. 1641. Wh●re it is fully proved. against the Law, and His majesty's Coronation Oath, as the Parliament hath now lately proved it. Seventhly, That to dissuade and divert His majesty from this civil-war, and shedding the blood of his innocent subjects, will be a most acceptable and meritorious service both to God, the King himself, and the whole realm. To God it must be so because he is a God of peace, abhorring all unnatural civil-wars, as is formerly demonstrated. To the King himself it must be so, because it will exempt him from the guilt of perjury in violating his Oath, from the guilt of innocent blood and murder, in causing his people causelessly to sheathe their Swords in one another's bowels; and from many other sins and mischiefs. To the whole kingdom it must be so, which desires peace and unity, & abhors the very thought, much more the sight of an unnatural civil-war, which will now in all probability, as things stand abroad and at home procure abundance of misery, if not utter ruin both to King and people. When r 1 Sam, 25. David by reason of Nabals churlish Answer, had taken up a peremptory Resolution, By the morning light to slay every one of Nabals household that passed against the Wall Abigail Nabals wife hearing of it, went & met David and his Army in his March to do this execution and by her presents and prudent speech, diverted him from this his Resolution. Whereupon David said to Abigail, 1 Sam. 25. 32, 33. Blessed be the Lord God of Israel which sent thee this day to meet me, and blessed be thy advice, and blessed be thou, which hast kept me this day from coming to shed blood and from ave●ging myself with mine own hand. O, that some discreet man or woman, could now divert His majesty from his intended civil-war against Hull, the Parliament and kingdom, as Abigail here did David, cert●●nely it would cause his majesty upon due consideration, to break out into David's words, and to bless both God, their advice, and them, for keeping him from shedding his own subjects innocent blood, & from avenging hims●●lfe with his own hand; neither of which becomes a gracious Prince and may prove destructive both to himself, his people, and kingdoms. The second PROPOSITION. THE second Proposition is this: That the King ought not to deny or defer justice or right to any of his subjects, much less to the whole Kingdom. This is manifested both by the express words of Magna Cha●ta c. 29. Nul●● vendemus, nulli negabimus vel differemus justisiam v●l rec●●● and by many excellent Statutes since, as 2 E. 3. c. 8. 14 E. 3. c. 14. 20 E. 3. c. 1, 2. 1 Rev. 2. cap. 11. It will then be worthy His majesty's serious second thoughts to consider. First whether his voluntary withdrawing himself from his Parliament to York, (which hath much retarded, if not wholly frustrated all Parliamentary Proceedings, since for the safety and welfare both of this kingdom and 〈◊〉) be not an apparent violation of this part of his royal Duty. Secondly, whither his peremptory refusal to pass some necessary useful Acts for the good of the whole realm ●pon a pretended discontent against the Parliament and Sir John Hot●am, and a private vow (as some report) not to pass any Act whatsoever, till he received justice in Parliament against Sir John Hotham, for the business of Hull, and his refusal to settle the Militia, for the safety of the kingdom by Act of Parliament, or otherwise, be not an apparent breach of this trust and parcel of his Kingly office. Thirdly, whether his detaining of the Lord Keeper and great seal at York, whereby many subjects' processes, and causes have been delayed, their suits retarded, and some of them quite lost, be not an apparent deviation from this Proposition. Fourthly, whether his absolute denial to disclose the Accusers & Informers against the Lord of Kimbolton, and other 5 Parliament men, that so they might acquit themselves, and have right and justice against them for their malicious false suggestions, runs not point blank against this irrefragable Proposition, and be not a flat denial of common Right and Justice to those eminent Persons. Fifthly, whether it be not an apparent Uiolation and denying of Justice, for his majesty to proclaim Sir John Hotham a traitor, and demand Judgement against him as such a one before his cause was rightly stated, or resolved to be Treason by any Court of Justice, or the Parliament. Sixthly, whether his majesty's raising of a civil-war at this very season in England, his beseiging of Hull, with his slighting and opposing the Parliament in open Declarations, even now during the heat of the bloody wars in Ireland (by means whereof those Irish rebels are exceedingly encouraged, the Protestant Party and our Soldiers there much discouraged, and the Parliament now quite disabled to supply them with Provisions of Ammunition and money which they want, by means whereof the rebels (now half subdued are like to regain the Forts they formerly lost, and in time wholly to conquer that kingdom: and so utterly to extirpate the English Nation and Protestant Religion thence) be not a real tacit denying and delaying of aid right and justice to that distressed bleeding kingdom, which now lies and calls to his majesty and the Parliament for present succours and supplies, which this now civil-war will in all probability totally frustrate to the great advancement of Papists and Roman Religion. If all these particulars upon serious deliberation prove cross to this Proposition & his majesty's regal Office, I presume his graciousness, his royal Love to right and Justice, and his compassion to almost expiring Ireland and England, is such that he will speedily redress all former errors of this kind, put a speedy period to our domestic civil-wars, and move him never to run into the like exorbitances again. The third PROPOSITION. THe third Proposition, That his majesty hath no such private or particular interest in the Forts and towns or Magazines of the realm, as the subjects have in their Lands and goods, to give sell, or dispose of them at his pleasure, but only a public interest by way of trust, for the defence and preservation of the kingdom, and the security and tranquillity of his people. A truth worthy consideration, when ignorance and incredulity hath lately occasioned many grand inconveniences and mistakes. This is most apparent by this familiar demonstration, for as much as the King hath no right or interest in these Forts, Towns, or Magazines, as he is a private person, but only in right of his crown, as he is King of England, and the public Minister or Servant of the Kingdom to provide for its security and tranquillity in times of war or danger, and its prosperity in times of peace. We all know, that by the Law of the Land: the King cannot sell or alien the Lands or Revenues of the crown, yea our Law-books and Judges have resolved, s ●5. H. 6. 19 Fitz. Devise 5. that the King by his will cannot demise any of his Lands: t M. ●. H. 5. Fitz Executors. 108. That though the King make a will and give Legacies of his own private goods which he hath, yet he cannot demise the jewels, Plate, Coronets and goods of the crown. And if the u 〈…〉 Fitz Qu. Imp. 35 55, 5●. 11●. 118. 189. Live y. 23. Perse 〈…〉 1. King hath the body of a Ward, the temporalities of a Bishop by way of sequestration in his possession, or right to present to a Church that is void, and make his executors and die, his Executors shall not have the Ward, temp●●●lties, or presentation though chattles, as a common persons executors shall have but the succeeding King. So if Subsidies be granted, and the King die before they are l●vyed, his Executors shall not enjoy them, though a chattels; but his Successor. So the successor King, not the King's Executors shall have all his Ships. Ordinance, Powder arms and Ammuni●ion, though chattles, because they are not the Kings, but kingdoms and purchased with the kingdom's money 1 Eliz. x ●, E. 4, 45, b, cap. 19 1 ●ac. c 25. because the King hath not only his Lands but even these very Chattles in right of his Crown as King not as a private person, for the benefit of the kingdom. When King John most unworthily (with the consent of some of his Barons) resigned his crown and kingdom of England to the Pope. P●●lip the French King though his enemy, declared this Act void. y Matthew Paris Hast Min●r; in Ioan. Dr, Crakenthorpe of the Pope's temporal Monarchy, c. 2. p●ge 13●. to 25●. Because no Ki●g nor Prince can give away the kingdom, which is the commonwealths, and all the Noblemen of France there present, begun to cry with one voice, that they would sta●d to this truth even to death. This matter of this Kings grant made to the Pope, being proposed and discussed in full Parliament in the 40 year of Edward the third, z Ro, P●rl. An. 40, L, 3. nu, ●. upon full deliberation the Prelates, Dukes, Earls, Barons, and Commons answered, and resolved with one accord; That neither the said King John, nor any other, can put him, nor his Re●lme nor his people under such subjection without their assent, and as by many evidences it appeareth▪ if it were done, it was done without the ra●●●nt and contrary to his own Oath at his Coronation And besides this, the Dukes, Earls Barons, Gentlemen and 〈…〉 accord and agree, that in case t●e Pope shall enforce or attempt by Proc●s or by any other manner of d●ing t● constrain the King or his subjects to perform this (as it is said he will) these party's wi●● resist wi●● all their puissance So that by the Resolution of this whole Parliament, the King cannot grant away his whole kingdom, without his p●oples consent, in Parli●ment, and by the self same reason not any part, parceil, town, or Fort thereto belongi●g th●y being the kingdoms, not the Kings own right. The Civilians of foreign parts disputing of the pretended Donation of Constantine the great of Rome, Italy, and supreme jurisdiction there, to the Pope, resolve this a See Doctor Crakenthorp's Defence of Constantine c. a●d p 〈◊〉 13 to 175. Donation void, because the Emperou● by Law cannot give away any of his Empire it being contrary to his Coronation Oath: wherein he swears, b Mat. Paris Anno 1●10. p. 306. Baldus in Pro●●● de Feud, nu. 32 Lu●a● de Penu●, Cod. de omni agro de●e●●● Quicunque desertum: f. 185. col, ●. to maintain the Dignities and Rights belonging to the Empire that he 〈◊〉 impa●re the goods and state of the Empire, but keep inviolable the Rights of his kingdom, and the honour of his imperial crown. By virtue of which Oath, they hold the Emperor strictly obliged in duty both to God and the Empire, to take to themselves, not only all those large and fair Territories, which the Pope hath taken, either by force or fraud inv●ded; decking himself with the eagle's plumes; but specially they ought to resume that Dominion in those very Lands which the Pope now challengeth as his own, by force of this forged grant. c In Pro●● mi●●● Feud. nu. 32, 33. Baldus a learned Civilian writes: That the Doctors of the Law determine, That Constantine's pretended Donation neither is nor possibly can be of force, to pass away, either the propriety or supreme Dominion in these Territories, or the imperial jurisdiction over them. For to say that the Emperor would by his Donation mutilate, or cut away the Members of the Empire is a kind of folly. d In Rubric. 〈◊〉 verbo oblig●t. Arctine not only assents to Baldus, but much commends his judgement therein, Baldus (saith he) doth elegently teach, that the Emperor cannot give away any quotient, neither a third, nor 4th. part, nor half of his Empire. Whereby Baldus means, that the Empire being an entire and universal power, the Emperor by giving aught, ceaseth not to be universal Lord of all belonging to the Empire. e Col. de Omni 〈◊〉 ser●●. l. Qu. 〈…〉 Lucas de Penna, is very pregnant in this point. The Royalties of the Empire (writes he) cannot be alienated from the Emperor. Yea, though the Emperor should swear, that he would not revoke such Royalties as were alienated to the prejudice of his crown and Dignity, yet notwithstanding this his Oath he might recall such alienations, because the Emperor swears at his Coronation, to keep safe the honours and rights of his kingdom: ●ut by alienating his domains and Territories, he doth not preserve but impair the imperial Rights. f De 〈◊〉 cunq. prae, 〈◊〉. l, Bene a Zenone. nu. 4. f. ●. c. 4. Albericus de Rosate is copious in this case. Let us see (saith he) whether Constantine's Donation could be of force to pre●udice his Successors, Accu●stus holds it could not, so doth John de Parisiis, And he gives this reason thereof: Because none deputed to an office, may do aught against his own office. But it is against the office deputed to the Emperor, to impair his Empire, or cut or take away any part from it. For by the same reason that he cuts away one part, he may cut away also another, and so may his successors, and so the Empire at last should be b●ought to nothing, and utterly destroyed which is against the public good, and the end why the Empire is ordained; Whereupon I do believe, that the foresaid Donation by law cannot be of ●orce to prejudice the Empire or the Successors. The same Doctrine is delivered for Law by Boetius Epon Herric. qu. qu. 3. nu. 43. quest. 5. nu. 19 27. 34. by Didacas Coverrumius Practic. qu. c. 4. nu. 1. by Franc. Vargas. De Author. Pontifi Axiom. 1 Num. 2. Gulielmus, Benedictus, Caralus, Degrossatus▪ Felinus, with others. All which I have cited, to show the concurrence of the civil with our common law in this particular, and to resolve all opposites in this point, who scruple at it. First, From all these Premises it is apparent; Deduction● from hence. 1. that the case of Sir John Hotham, and the town of Hull, was not rightly stated by His majesty in his Declaration sent in a Message to both Houses, the 21. of May. 1642. To wit, that his Majesty hath the same Title to his town of Hull, which any of his Subjects hath to their houses, or Lands, and the same to his Magazine and Munition there, bought (as he saith) with his own moneys. When as many, or most of the arms there, were against law, violently taken away from the subjects in Essex, and other Counties (who bought them with their own moneys) without paying any consideration for them, and the other was purchased with the g See 1 Eliz. c. 19 1 Iacobi. c. 33, kingdom's Money, with which his majesty was but entrusted which any of his subjects have to their Money, Plate, or jewels, and therefore that they ought not to be disposed without his consent, no more than the house, Land, Money, Plate or jewels of any subject ought to be without or against their Remonstrance in answer to that Declaration, May 26. page 4, 5, 6. To which I shall refer you Secondly, That the King having no interest in Hull, or the Magazine there, but only as King and the public Minister o● the kingdom, for the kingdom's use and benefit, and the preservation of its security and peace, it is and was lawful, for the whole kingdom assembled in Parliament, (upon probable grounds and Informations and proofs that his majesty seduced by some pernicious Enemies to the kingdom's tranquillity, intended to seize upon this I own and Magazine by surprise, thereby to let in foreign forces, and raise a civil-war against the Parliament and Kingdom to the disturbance of the public peace and hazard of the realms of England and Ireland, and contrary to the public trust reposed in him, (the breach whereof doth in some sort determine it for the present) to turn those Arms and Ammunitions provided for his subject's safety, upon them to their destruction) to seize upon and secure them for the present, for the prevention of this danger and abuse of them, the kingdom's better security (the true ends for which this Town and Magazine was first fortified and provided:) And that without any danger of Treason and disloyalty in them or their Agents, employed in this service. Neither is this any new case, for both in the well known h See Matthew Paris, Holinsheed, Speed, Graston and others, in the lives of King John, Henry 3. Ed. 2. Rich. second. Barons wars in this realm, and late stirs in Scotland, the Barons and Scots seized upon the King's towns, Castles and Ammunition, for the security and peace of these several kingdoms, without any danger or charge of Treason. And if it were no Treason in the Scots within these two years to seize upon all or most of His majesty's towns, Forts, Magazines and Ammunition in Scotland, and on Newcastle in England, for the common peace and safety of their kingdom and prevention of Civill-warrs, i See the Acts of Pacification 12. H. 8. 2. 22. E. 4. 35. l. 1 H. 7. 7. 5. H. 7. 6. Ba●●e. as his majesty and the Parliaments both of Scotland and England have resolved, why should it be Treason or Felony in the Parliament or Sir John Hotham their Agent, peaceably to possess themselves of the town and Magazine of Hull, for the safety of the realm the prevention of civil-wars and preservation of the public peace, when as they keep 〈◊〉, them only for his Majesties and the ●ingdomes use and are ready to redeliver them into his majesty's actual possession, if they may be secured: that they may not be misemployed against them. If a Constable or any other person break into another man's house and take away his sword and 〈◊〉 〈◊〉, and arrest him to preserve the peace and prevent murder, he may by the common Law justify this Act, and detain the others weapons till the fray be over, and the peace secured; Yea, if a man should detain his majesty's sword or pistol from him, in case he intended causelessly or unjustly to murder any of his subjects with it, till his wrath were past, I presume it would be neither Treason, Felony, nor any illegal misdemeanour, much less can it be any Treason, or offence in the Parliament, or Sir John Hotham their Instrument, upon just suspicions to possess themselves of the town and Magazine of Hull, in a peaceable manner, and to sequester and detain them from his majesty for a season, till they may have good assurance, that neither of them shall be misemployed, by the instigation of mischievous Counsellors, to the hurt or destruction of the kingdom, and them, as they are informed Wars are intended to be. But more of this hereafter in Deduction 4. Thirdly, admit the case of Hull and the Magazine there, such as his majesty puts it, yet then by his majesty's Argument, every subject hath as good and firm an interest, and property in his own goods, Lands, Houses, as his majesty hath in his town of Hull, or his Magazine. By what Law or Justice then hath his majesty seized lately upon his subjects arms and Magazines in divers Counties, bought with their own Moneys, for their own private, and the public defence of the realm against thieves and foreign Enemies, and forceably taking them away without paying for them, and now employed them in a civil-war, against Hull and his subjects? Doubtless the Parliament may with far more justice and equity, seize upon the public Magazine of the kingdom, and Hull (a frontier town well fortified) for the security of the realm, and prevention of civil-wars, than his majesty seize upon his subjects arms and Magazines of powder to make a civil war. And seeing the arms at Hull were many of them violently and illegally taken from the subjects without consideration, why the Parliament may not lawfully seize them to restore them to their owners, who have petitioned for them, I cannot yet discern. Fourthly, In cases tending to the common good and safety, even by the common Law of the Land, a man may lawfully commit a trespass, and do an injury to another man's Lands, Houses, and Inheritance without crime and offence: if an enemy invade the realm, a●y l 8 P. ●. 23. Br. Custone, 145. general Captain or subject to resist them may lawfully enter into any other man's Land, and there dig Trenches build Forts and Sconces (if they be necessary) to resist the enemy: m 29 H. 8. Dyer. 36. 6. Br. trespass, 406. Yea, he may enter into any of the King's Forts and towns which are only for the public good (as the experience of all ages testify) without any previous special Licence▪ yea fortify and defend them: because it tends to the safety of the realm and common good to which all private interests, and much more the Kings public in such cases must give place. Upon this reason it is agreed in our n ●3, H. 8. 16. 9 E. ●. 35b. Br. trespass 406. law-books, That fa●lowne or City be besieged, or endanger to be beleaguered by an enemy, and the Suburbs may endanger the taking thereof by yielding harbour, or a convenient battery to them, The inhabitants or soldiers within the Walls, may lawfully burn or destroy the Suburbs for the towns or city's preservation, and the common safety. Nay, if an house be on fire in a town, men may justify the pulling down thereof, and of the next adjoining houses if there be cause, to prevent the burning of the whole town, it being for the Common good: Yea, o 8 E. 4. 1●. Fi●z. Barr. 93. Fishers at Sea may justify their going on other men's ground adjoining to the Sea, because their fishing is for the common profit of the whole realm. If then private persons, may thus legally prejudice other particular men in these cases in their Lands and Houses, for the common good, then much more may the whole representative body of the kingdom in Parliament seize upon Hull and the Magazine there for a season (being the commonwealths, and the Kings only in right of, and for the service of the kingdom) for the public peace and safety, and the prevention of civil-wars, without any danger of trespass, much less of Treason, in making Sir John Hotham their Agent in this Service: They having a common interest therein, since soldiers, Citizens; and other private persons may lawfully raise Forts and Trenches on others grounds, or pull down any houses and suburbs for the public good, though they have no particular interest in their lands or houses, but only a temporary common interest upon these public occasions. The fourth PROPOSITION. THe fourth Proposition is this. That in all doubtful cases of Treason, not within the express Letter and words of 25 E. 3. Parl. 5. c. 3. neither the King himself, nor his judges, but the Parliament, and King in Parliament, (if he will be there) ought to declare and determine what act is Treason, and what not. This is clear by these express words of 25. E. 3. c. 3. of Treason. And it is accorded, that if any other case, supposed Treason, which is not above specified (in this Act) doth ●appen before any justices, the justices shall ●arry without any going to judgement of the Treason, 〈◊〉 the cause be showed and declared before the King and his Parliament, whether it ought to be judged Treason or Felony. Which clause was afterwards ratified by 11 R. 2. c. 3. 1 H. 4. c. 10. and by 21 R. 2. c. 11. where Judge Thorning affirms, That the Declaration of Treason not declared belongeth to the Parliament, which part of declaring Treason some hold is utterly taken away by 1 Ma●●a. Session. 1 R●s●al Treason, Sect. 20. (which others deny) and that no other Treason is, or can be at this day (Unless by special Act of Parliament,) but what is within the very Letter of 25. ●. 3. c. 3. This being indubitable, these Conclusions will necessarily follow. First, that neither his majesty alone, nor yet accompanied with his privy counsel or judges, hath any legal power or right at all to declare or determine what is Treason and what not, or to declare or adjudge any particular Act to be Treason, unless it be clearly within the express Letter of 25 E. 3, c. 3. Therefore his Majesties own private p See his majesty's Answer to the Declaration May 4. 1642 P 3. 10. 11. Declaration of Sir John Hotham's Act (in seizing the town and Magazine of Hull, and his refusal to admit his majesty into the Town when he came to dispossess him of it) to be Treason, being out of the Letter of the 25. Ed. 3. and his proclaiming of him to be a traitor, must necessarily be both void and illegal. Secondly, The King's Judges and Justices, even in Courts of Judicature, where they may finally determine and resolve what is law in all other cases neither can may, nor aught to declare and determine what is Treason, and what is not, in any cases out of the very Letter of 25. E. 3. but aught to resert to the Parliament and receive a resolution from them whether it be Treason or not. So are the express words of this Act of 25. E. 3. and others since. If then the Judges are thus to be resolved by the Parliament only, what is Treason and what not, then there is no reason or sense, why the Parliament should be sent to the Judges to be advised and resolved by them, what is Treason: or why the Parliament should be taxed for Voting Sir John ●othams Act not to be Treason, without consulting first with the judges to know of them whether it were Treason or not. Since the Parliament in this case of Treason, are to direct and resolve the Judges, not the Judges them. Thirdly, both Houses of Parliament upon the Kings appeal to them for justice against Sir John Hotham as a traitor, for not admitting him into Hull, and upon Sir John Hot●ams Letter to them, relating the truth of his whole carriage to the King in this cause, have acquitted Sir John Hotham, and q See the printed Votes. Voted this Act of his, (warranted by the command of both Houses) not only to be no Treason nor Felony, but not so much as a Misdemeanour, seeing all he did was only in discharge of the trust which the Parliament had reposed in him, for the safety and peace of the whole kingdom and prevention of a civil-war. Since then the whole Parliament, the only proper Judges of Treason, upon the Kings and Sir John Hotham's several appeals to them, have both voted and resolved Sir John Hotham's Act to be no Treason, nor Crime, nor he to be any Delinquent, neither the King himself (who oft professeth in his late Declarations to rule and govern all his people only according to the Laws of the realm according to his Oath) nor his counsel, nor Judges can by any proclamation or Declaration, or by any Judgement in any Court of Justice, which hath Conusance of Treason, declare this Act of his to be Treason, or him a traitor or Offender. Let all of them, and the whole kingdom both for the present and future, rest fully satisfied, and concluded by the ●arliaments Votes and Resolutions: whom our laws declare, to be the only proper Judges of this cause pretended to be Treason, and so Sir John Hotham must go scot-free. Having thus passed through these four Propositions, and the Deductions from them, I shall now draw towards a conclusion of this Discourse. Sir John Hotham's case and Pulls truly stated and debated. The only, if not principal pretence of his majesty's late raising an Army in the North, and of a most sad and unseasonable civil-war (which if proceeded in, may soon prove destructive to all his majesty's three kingdoms) is Sir John Hotham's seizing on the town of Hull, and the Magazine there by Order from the Parliament, for the peace and security of the realm, and his denying his majesty entrance into the town, when he came to take possession of it: Which Acts his majesty hath in his Proclamations and Declarations, declared and proclaimed to all his subjects to be no less than high Treason, and Sir John ●otham to be a notorious traitor. The sole question then will be, Whether these Actions of Sir John Hotham be Treason or not by the Laws of the Realm? And under correction, I conceive it is as clear as the noonday sun, that they are no Treason. That his taking possession of this town and Magazine is no Treason, no nor yet so much as a trespass or offence in point of Law, I have sufficiently demonstrated in the r Proposition third ●e●uction 2. 4. and elsewhere. premises. Whether his denying his majesty to enter Hull, and his keeping possession of it, be high Treason, will there be the sole question, which before I shall determine, I shall truly state the case. s See the Declaration and Votes of the House in Sir John Hotham's case, which they there truly state, April 28. 1642. Sir John Hotham by Order of both Houses of Parliament was enjoined to keep possession of the town and Magazine at Hull, for the prevention of civil-wars, and preservation of the peace and safety of the realm (which some malignant Spirits advised his majesty to seize on, and turn against the kingdom) and not to deliver them up to any whatsoever, without their special Order. The King on the 23 of April rode to Hull, attended with about 400. Horse, (the Duke of York and Prince Elector, being at that instant royally entertained by Sir John Hotham in the town, who came 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, if the King were admitted, informed his majesty, of that trust reposed in him by both Houses, that he could not admit him into the Town without breach of that trust, and therefore humbly beseeched 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. His majesty rejecting this Answer, presently caused him and his Officers to be proclaimed traitors before the town Walls, and dispatched a Message to both Houses, charging Sir John Hotham with high Treason, aggravating his offence, and demanding Justice against him. The Parliament upon true Information and stating of the case, the 28. of April 1642. resolved upon the Question. That Sir John Hotham according to his Relation, had done nothing but in obedience to both houses of Parliament. That this declaring Sir John Hotham traitor, being a Member of the house of Commons, is an high Breach of privilege, and being done without process of Law, is against the liberty of the subject, and the Law of the Land. This being the true state of the case; I shall clearly manifest by the Law of the Land, this Act of Sir John Hotham's to be no Treason, and he no traitor. It is irrefragably evident by the Statutes of 1 E. 6. c. 12. and 1 Mariae 1. Session rastal Treason 20. that there is no Treason at this day but what is within the very Letter of 25 E. 3. c. 3. all other Treasons being repealed by these Acts or expired. The Question than will be, Whether this case be within the very Letter of 25. E. 3? certainly there is not one syllable in this Act which concerns this case. The King pretends it is within these words, If any man do levy war against our sovereign Lord the King in his realm, that it is Treason by the Letter of this Act. But here there is no levying of war, no act of hostility or war was exercised by Sir Io. Hotham, against the K Sir to. Hotham was only passive & defensive not active, he only denied his majesty the possession of the Town by order from Parliament, to prevent war and preserve peace and if he be a traitor, the whole Parliament must be much more traitors who put him upon this service, Qui●… plus peccat Author quam Actor, as our Law determines. Therefore this neither is, nor can be any levying of war against the King, or Treason within this clause: This is most apparent by the Statute of 5. and 6. Ed. 6. c. 11. Which because the detaining of the King's Forts from him, was not within the words or intention of 25. Ed. 3. did specially enact, That of any person or persons after the first of June Rebelliously (mark the word) do detain keep or withhold from our sovereign Lord his heirs and successors, any of his or their Castles, Fortresses, or holds within this realm or any other the King's Dominions or Marches: Or Rebelliously keep detain or withhold from his said highness his he●res or successors any of his or their Ships, Ordinances, Artillery or other Ammunitions or Fortifications of war, and do not obediently render and give up unto our said sovereign Lord, his heirs or successors or such persons as shall be deputed by them, such Castles, Fortresses, Fortilesses. Holds, Ships, Ordinances, Artillery, or other Munitions, or Fortifications of war, rebelliously kept or detained within six days' nex after they shall be commanded by our said sovereign Lord his ●eires or Successors, by open Proclamation under the great seal, the same Proclamation to be made in such place and order, so as the party and parties to be charged by this Act may conventently have notice or knowledge thereof, that then every such person or persons so offending in any the Premises, their abettors, &c. Being lawfully convicted of the Rebelliously keeping or detaining thereof according to the laws and Statutes of this realm, shall be adjudged traitors, and shall suffer pains of death, and lose and forfeit all their goods and chattles, Lands and Tenements unto the King, as in cases of high Treason. This Act makes the detaining of any of the King's Castles, Forts, &c. Treason, But yet with these three Limitations. First, that they must be Rebelliously kept and withheld; which Hull was not, but only by Order of Parliament for the kingdom's peace and safety. Secondly, that they must be ●etained six days at least, after command to surrender them: But the King proclaimed Sir John Hotham a traitor for not delivering up Hull the same day and hour he demanded it, without giving him any respite, which is contrary to this Act. Thirdly, There must be a Proclamation under the great seal to demand the Forts and Castles and the same Proclamatio must be so made that those who detain them may have notice of it. But in this case there was no such Proclamation made against Sir John Hotham but by an herald by word of mouth, and so no Treason within the Law, admit it were in force: But this Law and clause (which if in force might have given some colour to his majesty) as all Judges and Lawyers resolve, was totally repealed by the statute of 1 Mariae. R●stall Treason 20. (which expressly repeals all other Treasons but those within the very Letter of 25. E. 3.) and so the detaining of any Forts or Castles at this day from the King is no Treason because not within the words of 25. E. 3. chap 3. the only Standard and surviving Law to judge Treasons by. This Statute of 5. Ed. 6. c. 11. being repealed, and this case being not within the Act of 25. ●. 3. the Parliament in 14. Eliz. was enforced to make a special Law (which was to endure only among the Queen's l●fe, as appears by the 〈◊〉 in it) whereby they enact, that if any person or persons 〈◊〉 discover, do unlawfully 〈◊〉 or t●eir own Authority, (which is none of Sir John Hotham's case, who did nothing but by order of Parliament) compass, imagine, conspire, or advise, 〈◊〉 ways or means wit: fo●ce or craft &c. Maliciously or Rebel●iously (which he did not but by authority of Parliament) to take, detain, or keep from the Queen, any of her Castles, Towers, Fortresses, or holds, &c. And do advisedly by any express word, speech, act, deed or writing, utter or declare his said malicious and rebellious intents, that then every pe●son or persons so offending in the Premises, being thereof lawfully convicted according to the laws of the realm, shall be adjudged a Felon ● Felons, and suffer pains of death as in cases of Felony, &c. And if any person or persons, do at any time hereafter with force Maliciously and Rebelliously (which is none of Sir John Hotham's case, who did all by the Parliaments command) detain, keep or with hold from the Queen's majesty any of her Castles, Towers, Fortresses, or holds within the realm, or any of her Dominions or Countries, or Marches of the same, or do Maliciously and Rebelliously or with force detain, keep or withhold from her majesty any of her Ships, Ordnance, Artillery, or other Munitions or Fortifications of wars, and do not render and give up the same to our sovereign Lady, or such persons as her majesty shall appoint to receive the same to her use within six days' next after he or they so offending, shall be commanded by our sovereign Lady the Queen, by open Proclamation under the great Seal of England, to be made in any place or Market town within the County where any such offence shall be committed, etc that then every person or persons so offending, their aiders Counsellors and abetters, being thereof Lawfully convict according to the laws of the realm shall have and suffer such pains of death, and also shall forfeit and lose, as in cases of high Treason limited and accustomed, By this expired Act, which was to continue only during the Queen's life it is evident. First, that this detaining of the King's Castles, Forts, Ships and Ammunition, is no Treason within 25. 6. 3. (for then this Law had been idle and superfluous, especially being to continue, but during the Queen's life) and so there can be no Treason at this day in Sir John ●othams Act. Secondly, That no detaining or withholding of such Castles, Forts, Ships and Ammunition is Treason within these particular acts, but that which is done maliciously and Rebelliously and continued six days after a Proclamation under the great seal, and proclaimed in the Cou●ty, to deliver them up unto the Queen, or her substitutes for her use. Now Sir John Hotham detained Hull, and denied his majesty to seize and enter it, not Maliciously and Rebelliously, but in obedience to the Parliaments command, which entrusted him to keep it for the present both for the King and kingdom's use, for the prevention of civil-wars and danger to the realm, and the excluding of foreign forces which might be landed there, neither did his majesty make any Proclamation under his great seal, or give him six days' space to deliver it up. Therefore this Act of his is and can be no Treason, neither within the particular expired forecited Acts were they in force, much less within 25. E. 3. which extends not to this case. And so his majesty was utterly mistaken in the Law, in proclaiming Sir John Hotham traitor, and declaring this act of his to be Treason, of his own head, without consulting with his Judges or council learned in the laws, who would questionless have informed him; That this Act of his is now neither Treason nor Felony by the Law, had he done it of his own voluntary accord much less seeing he did it only by the Parliaments direction and command, as their Servant for the common safety of the realm, exclusions of foreign forces and Artillery and prevention of an intended civil-war, without any thought of the least disobedience or disloyalty to his majesty into whose possession he declared he was and is ever ready to surrender up the town, as soon as the Parliament shall command him. In a word the Scot● late seizing upon all his majesty's towns Castles in Scotland, and on New castle here, and detaining them against him after demands, hath by his majesty and both kingdoms in Parliament been tacitly if not expressly resolved and declared to be no Treason, being done for the public peace and safety of the whole realm of Scotland and England. Therefore much more must Sir John Hotham's seizing but of Hull one single town, and his detaining it for a season only for his Majesties and the kingdom's use, and the peace and safety of the whole kingdom, and that by the Parliaments express command as their Instrument, be adjudged no Treason, Felony, no nor misdemeanour. And since both Houses of Parliament the only proper Judges of Treason, to whom both the King & Sir John appealed for justice, have upon full hearing and debating of the cause, voted and adjudged it, to be no Treason or offence, and published these their Votes in print to all the world, I cannot discern, how by any Law, his majesty, or his Malignant Counsellors, can possibly fasten any charge of Treason, Felony, or Misdemeanour, on Sir John; but must all conclude him to be an innocent Noble and weldeserving Gentleman, for so faithfully and courageously discharging the trust reposed in him by the Parliament for the whole kingdom's peace and security, and his majesty's safety too. As for his late drowning of the Country about Hull, to the spoil of much Grasle, corn, and great prejudice of particular men, with which his majesty chargeth him in his last Letter to the Houses, it is only for the better preservation and defence of Hull for the common safety, and therefore he may by Law justify this Act, even as men in times of war may justify the burning or demolishing of a Suburb for the whole city's safety, and the making of Forts and Trenches in another man's ground, for to resist an invading Enemy. Which I have formerly proved lawful by our law-books. Moreover, this drowning was through his majesty's own occasion (on whom the blame must originally rest) who came to beseige Sir John Hotham as a traitor, and take Hull out of his custody, (contrary to the trust reposed in him by the Parliament) by force of arms with an Army of Horse and foot, to the open violation of the kingdom's peace, the endangering of the whole realm and Parliament, against whom this war is principally raised and intended, under pretext of being avenged of Sir John Hotham, who hath done nought but by the Parliaments direction, as their servant, and trustee for the safe keeping of Hull, not against the King, but only for the King and kingdom's use, till it may without danger to the realm, by Order of Parliament be rendered up into his majesty's actual possession, who hath no particular Right or Title to it, but only a general as the kingdom's Servant and trustee for the people's safety, which is now endangered through his majesty's listening to evil counsellors; Who whisper to him in private, and have engaged him in a civil-war against his Parliament and people, and not harkening to his Parliament, the grand counsel both of King and kingdom, whose public impartial advice, his royal Progenitors have always most highly esteemed, and followed; and thereby made themselves great and honourable, and the kingdom happy. The Conclusion. I shall now wind up all in a few words, I suppose I have made it most apparently evident to every indifferent man's judgement that Sir John Hotham's forecited Actions (with which his majesty is so much incensed) are neither Treason nor Felony by the Laws of the Land, (by which his majesty hath oft lately protested to rule, and be guided, the t See Stephen Gardiner's Letter to the Lord Protector. Fox Acts and Monuments first Edition p. 741. b. where he affirms (that he being Ambassador to Henry the 8. in the empeperours' Court, did there in a case of jewels defend and maintain by commandment of the King) that the Kings of this realm were not above the orders of their laws. Kings of England by their Coronation Oaths being subject to their Lawet, not their laws to them) and by the Parliaments Resolution, not so much as a Misdemeanour or offence, but a lawful act done by the express commands for the public peace and safety of the realm and prevention of a civil war. I appeal then to his majesty, to every English man's or other Subjects Conscience, and advise them all in the presence of God (as they will answer the contrary at the great approaching day of Judgement) seriously to consider, and then resolve within their breasts; whether these inoffensive Acts of Sir John Hotham, accompanied with all the praerecited Circumstances, be a just and sufficient ground, to the King or any of his subjects, in point of conscience or policy (especially in this season, when Ireland is in danger of losing and England almost exhausted with necessary public payments, With voluntary contributions and much d●●●acted and divided in itself) to raise an unnaturally bloody civil war against Hull, and in it against the Parliament and kingdom, by which the King and his Par●isons will be by degrees so far engaged against the Parliament and his kingdom, and they by way of just defence so far engaged against the King and them (without God's merciful prevention) that we shall all now (after so long enjoyed peace) most unnaturally sheathe our swords in one another's bowels, out one another's throats, shed one another's blood, burn, spoil, waste, destroy and prey upon one another's houses Lands, Goods, possessions, make our whole kingdom a very Field and Sea of English blood, and in conclusion (without God's interposing mercy) utterly rain both our King kingdom, Parliament Religion ourselves and our posterities and make our Land a Prey to Popish foreign enemies, who now rejoice at our Divisions, (which they much foment) and thereby hope to surprise and wholly conquer us ere it be long. And if our consciences answer us, (as they will) after full deliberation that thes● Acts of Sir John ●otham be no just cause or ground to warrant such unnatural, bloody, fatal destructive civil war, O let us not then once venture or presume to take up arms against our own dear native Country which hath bred us, against the Parliament who sit night and day, and spend both their fortune's time and Spirits to redress our grievances, prevent our immanent dangers, advance our happiness and prosperity and preserve our long enjoyed tranquillity; against our dear loving brethren, kindred friends, and countrymen, who never did us the least injury, against ourselves, our children, families, which a civil-war may quickly ruin, nor yet to countenance, justify or side with those unnatural vipers, and unreasonable ●ottish Brutes who either maliciously or inconsiderately foment, and promote such an unnatural impious causeless civil war. But let us all put forth our utmost best endeavours, and pour out our fervent prayers to God to prevent and cease these civil combustions, to aid and preserve our dear Native country, kingdom, Religion, the Parliament ourselves and our pos●erity against these malignant Incendiaries, who seek their utter destruction. O let no true bred English man or Christian be so degenerous, so B●rbarous and brutish, as to become his own, his dear brethren's posterities, Countries, kingdom's bloody Executioner, to do such disservice to his country in a few days or hours, which he shall with brinish tears repent for over! I shall likewise humbly presume to beseech his majesty upon the bended knees of my soul, most seriously to consider all the Premises, and if upon persual of them, there shall appear no just or lawful cause in point of conscience and true Christian (not Machiavellian) policy, necessarily to enforce him to make a civil war upon his kingdom, only for the act of one particular Subject, (as is yet pretended) which in truth amounts not by the Law either to Felony or Treason, if to a trespass or Misdameanor, that then he would be most graciously pleased according to his Oath, his royal Duty, and many reiterated Protestations, to preserve his people and kingdom in a sweet peace and blessed unity, to disband his present Forces and tumultuous Cavaliers, discard all bloody Counsellors who have advised him to a most unnatural unseasonable, dangerous civil war, to return with speed to London, and close with his great and best counsel, the Parliament, for the preservation and present aid of bleeding Ireland, the settling and composing of his people's present fears and distractions, the effecting of of a perfect through Reformation and Union in Church and state the redress of all remaining grievances, the advancement of Truth of the flourishing estate of his three kingdoms, and his own royal Honour, Revenues and greatness, which will eternally gain his majesty the servant Prayers, hearts, affections, purses, and ready service of all his kingdoms and subjects together with immortal honour, whereas if he shall still proceed in prosecution of this desperate civil war against his people, Kingdom, Parliament, the guilt of all his subjects innocent blood, which shall be shed in this unnatural causeless war, will light heavy upon his conscience, be required at his hands, and in conclusion both himself, his kingdoms and loyal people will be brought to the very extremity of misery. If not to utter ruin after such a long enjoyed flourishing peace both under his own and his predecessors peaceably reigns. I shall conclude with that of the Poet. u Silius Italicus. Pan. Bella●. l. 11. f. 142. Pax optima Rerum Homini novisse datum est; Pax vna Triumphis, Innumeris po●●r; Pax custodne salutem Et Cives aquare potens: Te petimus omnes. O Most gracious Lord God, though thou justly plague us with thy other judgements for our sins, yet give us not over to the sword, the forest of all thy judgements, an unnatural bloody civil war, but since thou art a x Heb. 19 20 Rom 15 33. God of peace, and hast promised, y Psal. 29. 11. to give thy people the blessing of peace, (which we of this Land have now uninterruptedly enjoyed almost an hundred years together through thine extraordinary mercy) do thou out of thy superaboundant goodness continue and z Is●y 26. 3. preserve us still in perfect peace whose hearts are stayed on thee. And let there be no end of our peace with thy heavenly majesty, with our own consciences, and one with an●ther (King with Parliament, kingdom, and People and they with King) till Jesus Christ the a isaiah. 9 6. Prince of peace, his second coming, who shall give all his b isaiah. 51. 11. c. 61. 7. everlasting peace and bliss in his celestial kingdom. Amen, Amen. FINIS.