7. You shall endeavour to clear the proceedings of parliament from all imputations and aspersions, and shall, from time to time, cer for the present service: and, that we may have a speedy account of it, and that our directions to you, as well as your advertisements to us, may have a clear and ready passage, you shati lay a strict charge upon all post-masters, that they do not suffer any letters, or other dispatches directed to or from the parliament, be intercepted or stayed: and, if any shall presume to make such stay of those dispatches you shall direct the post-masters to repair to the justices of peace, constables, and all other officers, for their aid and assistance; who are hereby required to take special care there my be no such interruption. 8. You shall observe and execute all such farther directions and i structions, as you shall, from time to time, ceive from both houses of parliament." The Marq. of Hertford's Letter concerning the Prince of Wales.] May 6. The earl of Essex presented a Letter to the lords, which he had received from the marquis of Hertford governor to the prince of Wales, which wa read to this effect: case any be raised, you shall require the sheriff, in the name of both houses, to command them to disperse themselves; and, if they refuse so to do, that then the sheriff, by the same autho-tify us of all things you may conceive necessary rity shall forthwith raise the power of the county for the suppressing of them; and you shall likewise by the same authority require the lord lieutenant, appointed by the Ordinance of Parliament, and, in his absence, the deputy lieutenants, to draw together the Trained Bands, for the assistance of the said sheriff in so doing. 4. Whereas we are informed, That his majesty did, at York, propound unto the knights and gentlemen of that county, there assembled by his command, that they would join with him for the defence and assistance of his own person: you shall declare unto them, and all others, That it hath ever been, and still shall be, the chief care and endeavour of the parliament to provide for his majesty's safety; and that they do not know of any evil intended unto his royal person, which should move him to take such a course that his greatest safety is in the affection, duty, and faithful advice of his parliament; and his greatest danger in his withdrawing himself from them, and procecding in ways contrary to them: so as the disaffected and malignant party, under colour of his service, go about to raise a faction and a party against the parliament; which, at last, may break out into an open rebellion, to the destruction both of king and people, if it be not, through the blessing of God, prevented by the wisdom and authority of parliament. 5. That, in case there be a necessity for raising the forces of the county for the suppression of any insurrection and keeping the peace, you shall require sir John Hotham to deliver such proportion of arms and ammunition out of the magazine there, as shall be necessary for that service and you shall publish and declare, That the parliament holds it lawful and necessary, to dispose of the public magazines of the kingdom for the defence of the kingdom; as likewise for the suppression of the rebellion in Ireland, which doth so much concern the safety of this kingdom: but that it is their intention, and resolution, to store them again; as holding it fit such a proportion shall still be in readiness, upon all occasions, for the service of the king and defence of the commonwealth. 6. Whereas we are informed, That divers persons, summoned to appear at the parliament, have received a command under his majesty's hand, not to come there, but to abide still near his majesty's person, for which service we conceive them to be of all others the most unfit; and that the sheriff hath also been commanded, by his majesty, not to execute any warrant or order upon them: you shall let the sheriff know, That the houses of parliament will expect that their orders and commands shall be obeyed, the same being his majesty's authority signified by his highest court; and that any restraint, or command, to the contrary, is against law and the privilege of parliament, : "My noble lord; It being expected frat me that I should give Answer to the house peers, whether I would undertake that prince should not be conveyed out of this dom, I humbly desire your lordship to mast this Answer from me, That I will undertal that the prince shall go no farther than h majesty goeth, for so it hath pleased him" assure me; and that he shall not stir frem him. For any other undertaking I utterly claim it, as being a thing out of my pose and, consequently, a great rashness and pr sumption in me to undertake. Thus m once more humbly pray your lordship to pre sent, with my humble and earnest desire th the Order may be taken off, which may be prejudicial to me, especially since I so far declared myself. God remove all lousies from us, and put a true understand between the king and his parliament; mix shall ever be the earnest and hearty prayer your lordship's most faithful brother, humble servant, HERTFORD. York, May 1642." This Letter was referred to a committe both houses, to consider what was to be der concerning the Prince's stay in England. The King's Answer to the Parliament's F and Declarations concerning sir J. Hothe and Hull.] May 7. This day the lord kee presented to the lords a Letter he had ceived from the king, with a Message in ed; which he said he was commande! deliver to them, and which was read in the words: "Since our gracious Message of the 20 of April last, to both houses of parbano" (demanding justice for the high and unhear affront offered unto us at the gates of f by sir J. Hotham) is not thought worthy an Answer; but that, instead thereof, they venture our own life and fortune to oppose any have thought fit, by their printed Votes of the such designs, as the meanest subject in our 28th of April last, to own and avow that un- kingdom. For the Malignant Party, as the paralleled act of sir J. Hotham's to be done in law hath not to our knowledge defined their obedience to the command of both houses of condition, so hath neither house presented parliament, though at that time he could pro- them to us, under such a notion as we may dace no such command; and, with other Re-well understand whom they intend; and we solutions against our proceedings there, to shall therefore only enquire after, and avoid, publish a Declaration concerning that business, the malignant party under the character of as an appeal to the people; as if their inter-persons disaffected to the peace and governcourse with us, and for our satisfaction, were ment of the kingdom; and such who, neglect now to no more purpose: though we knew this ing and despising the law of the land, have course of theirs to be very unagreeable to the given themselves other rules to walk by, and so modesty and duty of former tines, and un- dispensed with their obedience to authority; warrantable by any precedents but what them- of these persons, as destructive to the com selves have made, yet we are not unwilling to mon-wealth, we shall take all possible caution. join issue with them in this way, and to let all-Why any Letters intercepted from the lord the world know, how necessary, just, and law- Digby (wherein he mentions a retreat to a place ful all our proceedings have been in this point; of safety) should hinder us from visiting our own and that the defence of these proceedings is fort; and how we have opposed any ways of acthe defence of the law of the land, of the li-commodation with our parliament; and what berty 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. Mr. 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 bath 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 Hall? Or what right hath he to his money, plate, or jewels, that we have not to our magazine or munition there? If we had ever such a title, we would know when we lost it? And if that magazine and munition, bought with our own money, were ever ours, when and how that property went out of us? We very well know the great and unlimited power of a parliament; but we know as well, that it is only in that sense, as we are a part of that parliament. Without us, and against our consent, the Votes of either or both houses together must not, cannot, shall not (if we can help it, for our subject's sake as well as our own) forbid 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 cancelled, the sovereign legal authority despised and resisted, by Votes or Orders of either, or both houses: this, we are sure, is our case at Hull; and as it is ours today, by the same rule it may be theirs to-morrow Against any desperate designs of the Papists we have sufficiently expressed our zeat and intentions, and shall be as forward to ad ways and overtures have been offered in any way, or like any desire of such accommodation; or whether our Message of the 20th of Jan. last, so oft in vain pressed by us, have not suf ficiently expressed our earnest desire of it, let all the world judge: Neither is it in the power of any persons to incline us to take arms against our parliament and our good subjects, and miserably to imbroil this kingdom in civil wars. We have given sufficient evidence to the world how much our affections abhor, and our heart bleeds at, the apprehension of a civil war ; and let God and the world judge, (if our care and industry be only to defend and protect the Liberty of the Subject, the Law of the Kingdom, our own just Rights (part of that law) and our honour, much more precious than our life: and. if, in opposition to these, any Civil Wars shall arise) upon whose account the blood and de-> struction that must follow must be cast: God and our own conscience tells us that we are clear. -For capt. Legge's 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 Newcastle's being sent thither by our warrant and authority, we asked a question long ago, in our Answer to both houses/concerning the Magazine at Hull, which we have cause to think is not easy to be answered: Why the general rumour of the designs of Papists in the Northern parts should not be thought sufficient ground for us to put in such: a person of honour, fortene, 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 J. 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 as to have it taken from 9 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 Hall; 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 and unknown People, Prentices and Porters, who have accompanied Petitions of very strange natures.-For the Manner of our going to Hull, we have clearly set forth the same in our Message to both houses on that business; and for any intelligence given to sir J. 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 J. Hotham had all the reason to assure himself, that his life would be in much more danger by refusing to admit his king into his own town and fort, than by yielding him that obedeience, which he owed, by his oaths of allegiance and supremacy, and the protestation, and he well knew was due and warrantable by the laws of the land.--For the Number of our Attendants, (though that could be no warrant for such a disobedience in a subject) it is well known, as we expresed in our Message to both houses, to which credit ought to have been given, that we offered to go into the town with 20 horse only, our whole train being unarmed: and whosoever thinks that too great an attendance for ourself 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 Edw. 3. c. 2. be not very different from the letter, sir J. Hotham's 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 shewed 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, than that which the law hath appointed to every subject; and which we are confident we have not, in the least degree, in those proceedings violated, no more than we have done the privileges 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) or against the liberty of the subject, or against the law of the land, we must have other reasons than bare Votes.-We would know if sir J. Hotham bad, 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 staid 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 case 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 conmitted) 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 m our success, that we will, to the utmost of ou power, defend and maintain the true Protestant Profession, the Law of the Land, the Lberty of the Subject, and the just Privileges and Freedom of Parliament.-For the Order of Assistance given to the committees of bol houses, concerning their going to Hull, we shall say no more, but that those persoas, named in that Order, we presume will give m commands, or our good subjects obey, other than what are warranted by the law, how large and unlimited soever the Directions are, or the Instructions may be; for to that rule se shall apply our own actions, and by it quire an account from other men. And that all our good subjects may the better kno their duty in matters of this nature, we wis them carefully to peruse the statute in the 11th year of Hen. 7. c. 1. We conclude with Mr. Pym's own words: If the prerogative of the king overwhelm the liberty of the people, will be turned to tyranny: if liberty under mine the prerogative, it will grow into anu chy: And so we say into confusion." The lords taking this Message into con sideration, were of opinion, That it was the fruits of the evil Counsels and Advice about the king; and therefore resolved to commun cate the same to the commons, at a conference: and to move that the houses may speedily think of naming such persons as are the evil counsellors about his majesty, that se some course may be advised how to remove them from lidh: accordingly their lordships sent to the commons, to desire a conference on a Message, received from the king, of a very high nature; at which a committee of both houses was appointed to prepare a speedy Anwer-In the report of this conference, made by Mr. Hollis to the commons, he observed, That the earl of Essex said in it, "That the lords observed these Messages from the king to go higher and higher; and believed the king to be of that goodness, that they came not from himself; but from such as are incendiaries, and that endeavour to raise a division between the king and parliament: That the lords had formerly moved them to name those evil councilors, and did now press it again; and were ready to join with them in it, and did now lay it at their doors, the commons being the representative body of the kingdom, and were most concerned in it."-Hereupon the commons made an Order, and appointed the Monday following for nominating the evil Counsellors and malignant Party about the king; but we do not find any thing further done in this fair. ceive true and full informations from the fountains; and not to be left to the muddy and wandering streams of private misreports, which are ready to mislead such as follow them, from... the right understanding of the truth, into the dangerous bye paths of jealousies and error: the preventing whereof made this kingdom, in the time of their late troubles, so frequently to declare themselves and their intentions, both to the king's majesty and the kingdom of England.-They do also receive and embrace, with all humble respect and thankfulness, from his majesty, the large and lively expressions of his royal and religious resolution and care to main tain and preserve the true religion, liberties, and laws of his kingdoms, together with a right correspondence betwixt them; it being the true and only foundation of greatness and glory to himself and his posterity, and of peace and happiness to his people; for which this whole kingdom, being straitly bound by their common allegiance, natural obedience, and national oath never to be forgotten, will be ever most willing to spend their lives, fortunes, and what is dearest unto them.-They do in like manner, with reciprocal brotherly affection, acknowledge the large testimony of the care and zeal of the parliament of England, to keep a right understanding betwixt the two nations; which both parliaments have obliged themselves, by solemn yow and protestation, by all good ways and means to preserve; against which no sinister information, nor misreport, shall ever make this kingdom to fall into such misconstruction, as may be a violation of their own vow and protestation made in parliament: but, in the midst of this their joy and gladness, arising upon the professions and protestations both of king and parliament, they cannot but confess their unfeigned grief and great fears which they have received, upon the misunderstanding and so long distractions betwixt his majesty and his parliament: which, unless they be speedily removed, can bring forth no The Scots Privy Council's Opinion, as to the other fruits than the rejoicing and triumphs of King's going to Ireland.] The king's Message the common enemies of our religion and peace; to the parliament, concerning his going into and such a world of evils to his maj. and his Ireland, having been thought proper to be dominions, as they are loath to suffer them communicated to the privy council in Scot-selves to think upon; but chuse rather to wrap land, their Opinion thereupon was this day read in the house of lords, and was as follows: Sir II. Ludlow reproved by the Speaker, for reflecting on the King.] The same day some exceptions having been taken at words spoke by sir Henry Ludlow, he explained himself, and withdrew. And the house entered into debate thereof; after which he was called to his place: And Mr. Speaker told him, "That the words which he spake, were words that had an aspect towards the king; and, when words fall fum kim, that may reflect upon his sacred person, he ought to weigh them, that they may be accompanied with that duty which is due from a loyal subject to so gracious a sovereign." It is not mentioned in the Journals what the words were: but, in the king's Declaration of August the 12th in this year, they are said to be these, “That the king was not worthy to be king of England.” "The lords of the privy council of the king dom of Scotland, in a full meeting, having, according to the importance of matters of so great weight and high concerninent, maturely and at length, considered the several Declarations, Messages, Answers, and Instructions sent unto them from his majesty: as also what hath been represented unto them, in the Declaration sent from the parliament of England; do find themselves bound, in duty, to acknowledge that they esteem it no small happiness to re This sir H. Ludlow was the Father of lieut. general Edmund Ludlow, one of the regicides, and author of the Memoirs, VOL. II. them up in silence: wishing that they be made 4 I ་ liament, as may, against all malice and opposition, make his m. and posterity more glorous and his kingdoms more happy than ever: for this blessed and carnestly wished-for co clusion, according to their manifold obligation and duty, they do offer their best endeavours; and for the present, have sent up the earl of Loudon, chancellor of the kingdom, who will give a more full declaration of their hund and desires.-ARCH. PRIMROSE, Clerk of the Council." The King forbids all Persons in Yorkshire to obey any Summons of Parliament.] May 9, The lords were informed that their Orders, &c. were contemned in York; and this day two of their messengers, sent to bring up some persons as delinquents, appearing before them, made oath that they received the following paper from secretary Nicholas : practice of the parliament of Scotland into they wish and hope that his maj. may be pleased example, in the point of their Declaration; they to hear and consider the advice and council of are confident that the affection of the parliament his parliament of England, as being most nearly will lead them, also, to the practice of this concerned in the matters of Ireland; although kingdom, in composing the unhappy differences none be more so in their interest in his majesty's betwixt his maj. and them; and, so far as royal person.—In the end, they do humbly in may consist with their religion, liberty, and treat, That all means may be forborn which laws, in giving his maj. all satisfaction; es- may make the breach wider and the wound pecially in their tender care of his royal deeper; and that no place be given to the person, of his princely greatness and au- evil spirit of division, which at such times thority, and the prosperity of the kingdom.-worketh incessantly and resteth not: but that Upon the other part, from the deep sense of his the fairest,the most Christian, and compendious majesty's troubles, and from the love and loy-way may be taken, by so wise a king and paralty of their hearts, their humble desire is, That his maj. may be pleased to hearken to the earnest desires and hearty invitations of his people, in returning to his parliament; which, as it is his great, so it is his best and most impartial, council; that, by the brightness of his majesty's presence and countenance, all the clouds of former jealousies and fears may be scattered; a mutual confidence may be revived; and his people satisfied, as the only means of happiness both to the king and kingdom; the reflection whereof, upon this kingdom, will also increase our happiness.-And, since his maj. hath been pleased to make known unto them his resolution to go for Ireland, in his royal person, they are bold, as his majesty's loving subjects and faithful counsellors, to give their humble opinion, That as they do, with their hearts, acknowledge his majesty's fatherly composing of the sufferings of his good subjects by "I have, according to your desires, ac the Rebellion there; his princely endeavours quainted his majesty with the three Orders in quickening all means that may serve for you shewed me from the parliament, for suntheir relief, and for the more speedy and pow-moning some of his majesty's servants, and erful suppression of the rebels, and deliverance others of this county, to attend the parliament; of his people, in offering to hazard his own to which he has commanded me to give you royal person; than which there can be no this Answer: That he will not give way that greater demonstration of princely care and cou- any of his servants, or others of this county, rage: so they, by their natural affection, and shall go out of this shire, until he shall have by their desire of the preservation of his ma-justice done him by the parliament against st jesty's person, (upon which dependeth the J. Hothain, for the affront and indignity offered safety of this kingdom) are constrained, in all to his majesty at Hull." humility, to represent, That they conceive it to be a matter which requireth very mature deliberation, Whether his maj. shall hazard his own royal person in such a war, and thereby also put all his good subjects in great fears for him? Whether the great affairs and dangerous distractions of this kingdom of England (which never did more require his personal presence) may suffer his absence at this time? Whether his going, in person, against such base rebels be not descending too low from that highest dignity and royal eminency wherein God hath placed him, as his immediate vicegerent? And whether it be not more for his majesty's honour and safety, and for the inward security of his people against their fears of danger to his majesty's person, and their outward quietness against danger to themselves, to command such forces of his willing subjects to go in that expedition, as, by God's help and assistance, may be more than sufficient to crush that rebellion, and to reduce the whole kingdom to his majesty's obedience? But, concerning this, The first thing the lords did after readi this Paper, was to send an Order to the L sheriff of the county of York, to bring, or caus to be brought, before them, the bodies of sir Tho. Darrel and sir John Hales; and that thef committee, residing in York, should see th Order put in execution. Next, the lords cot ceiving this business to be a great breach a contempt of the power of parliament; and in regard the said persons were sent for at the de sire of the commons; a committee of both houses was appointed to consider of the aforesaid Pper, and what was proper to be done upon it. be Propositions of the Commons against Peps Recusants.] May 10. The lord keeper reported the effect of a conference, held yesterday, tween the two houses, which consisted of divers heads, presented by the commons; the first of which was matter of Religion, which, as the anchor of Christians, and the stay of Faith, they were very tender of. 1. The commens observed, "That the Papists had been very active since the Ordinance of parliament fo: |