the safety whereof there is a higher trust reposed in them than any where else, and they are the proper judges of the danger thereof. This town and magazine being intrusted to sir J. Hotham, with express orders not to deliver them up but by the king's authority signified by both houses of parliament; his majesty, contrary to the advice and direction of both houses of parliament, without the authority of any court, or of any legal way wherein the law appoints the king to speak and command, accompanied with the same evil counsels about him that he had before, by a verbal command requires sir J. Hotham to admit him into the town; that he might dispose of it, and of¦ the magazine there, according to his own, o rather according to the pleasure of those evil counsellors, who are still in so much credit about him; in like manner the lord Digby hath continual recourse unto, and countenance from, the queen's majesty in Holland; by which means he hath opportunity still to communicate his traiterous suggestions and conceptions to both their majesties; such as those were concerning his majesty's retiring to a place of strength, and declaring himself; and his own advancing of his majesty's service in such a way beyond the seas, and after that resorting to his majesty in such a place of strength; and divers other things of that nature, contained in his Letter to the queen and to sir Lewis Dives; a person that had not the least part in this late business of Hull, and was presently dispatched away into Holland, soon after his majesty's return from Hull for what purpose we leave the world to judge.--Upon the refusal of sir J. Hotham to admit his maj. into Hull, presently, without any due process of law, before his majesty had sent up the narration of his fact to the parliament, he was proclaimed traitor; and yet it is said, That therein there was no violation of the subjects right, nor any breach of the law, nor of the privilege of parliament,' though sir J. Hotham be a member of the house of commons and that his majesty must have better reason than bare Votes to believe the contrary.' Although the Votes of the lords and commons in parliament, being the great council of the kingdom, are the reason of the king and of the kingdom, yet these Votes do not want clear and apparent reason for them: for if the solemn proclaiming a man a traitor signify any thing, it puts a man, and all those that any way aid, assist, or adhere unto him, into the same condition of traitors, and draws upon him all the consequences of treason; and if this may be done by law, without due process of law, the subject hath a very poor defence of the law, and a very small, if any, proportion of liberty thereby and it is as little satisfaction to a man that shall be exposed to such penalties, by that declaration of him to be a traitor, to say, 'He shall have a legal trial afterwards,' as it is to condemn a man first and try him afterwards: and if there can be a necessity for any such proclaiming a man a traitor without due process of law, yet there was none in this case; for his maj, might have as well expected the judgment of the parliament, which was the right way, as he had leisure to send to them to demand justice against sir J. Hotham. And the breach of privilege of parliament is as clear, in this case, as the subversion of the subjects common right: for though the privileges of parliament do not extend to those cases, mentioned in the Declaration, of treason, felbay, and breach of the peace, so as to exempt the members of parliament from punishment, DO? from all manner of process and trial, as it dotă in other cases; yet it doth privilege them i the way and method of their trial and pucistment, and that the parliament should have the cause first brought before them, that they may judge of the fact and of the grounds of the accusation, and how far forth the manner of their trial may concern, or not concern, the privilege of parliament; otherwise it would be in the power, not only of his majesty, but c every private man, under pretence of treason. or those other crimes, to take any man from his service in parliament, and so as many, on€ after another, as he pleaseth; and, conse quently, to make a parliament what he w and when he will; which would be a breach of so essential a privilege of parliament, as that the very being thereof depends upon it: and therefore we no ways doubt, but every one that hath taken the Protestation, wil according to his solemn vow and oath, defend it with his life and fortune. Neither doth the sitting of a parliament suspend all or any law, in maintaining that law which upholds the pr vilege of parliament, which upholds the par ment, which upholds the kingdom: and we are so far from believing, That his majesty is the only person against whom treason cannot be committed,' that, in some sense, we acknowledge he is the only person against whom it ca be committed; that is, as he is king; and that treason which is against the kingdom is more against the king, than that which is against ha person, because he is king: for that very treason is not treason as it is against him as a man: but as a man that is a king, and as he hath relation to the kingdom, and stands as a person intrusted with the kingdom, and discharg that trust.-Now the case is truly stated, and all the world may judge where the fault is; although we must avow, that there can be on competent judge of this, or any the like case, but a parliament; and we are as confdent, that his maj. shall never have cause to resort to any other court, or course, for the vindication of his just privileges, and for the recovery and maintenance of his known and undoubted rights, if there should be any inva sion or violation thereof, than to his high court of parliament. And in case those wicked counsellors about him shall drive him into any other course, from and against his parliament; whatever are his majesty's expressions and intentions, we shall appeal to all men's con sciences, and desire that they would lay their hands upon their hearts, and think with them- | self king; but such a one as, whatever his selves, whether such persons, as have of late, title might prove, either in himself or in his and still do resort to his majesty, and have his ancestors, should be received and acknowledgear and favour most, either have been, or are ed for such by the kingdom, the consent more zealous assertors of the true Profestant whereof cannot be discerned but by parliaProfession, (although we believe they are more ment; the act whereof is the act of the whole earnest in the Protestant Profession, than in kingdom, by the personal suffrage of the peers, the Protestant Religion) or of the law of the and the delegate consent of all the commons land, the liberty of the subject, and the privi- of England: and Henry 7, a wise king, conleges of parliament, than the members of both sidering that what was the case of Richhouses of parliament, who are insinuated to be ard 3, his predecessor, might, by chance of the deserters, if not the destroyers of them : battle, be his own; and that he might at once, and whether, if they could master this parliament by such a statute as this, satisfy such as had by force, they would not hold up the same power served his predecessor in his war, and also seto deprive us of all parlianients; which are the cure those that should serve him; who might ground and pillar of the subjects liberty, and that otherwise fear to serve him in the wars, lest, which only maketh England a free monarchy.- by chance of battle, that might happen to him For the Order of Assistance to the Committees also, (if a duke of York had set up a title of both houses; as they have no directions or against him) which had happened to his preinstructions, but what have the law for their li- decessor, he procured this statute to be made, mits, and the safety of the land for their ends; That no man should be accounted a traitor so we doubt not but all persons mentioned in for serving the king in his wars for the time that Order, and all his majesty's good subjects, being; that is, which was for the present alwill yield obedience to his majesty's authority lowed and received by the parliament on besignified therein by both houses of parliament: half of the kingdom; and, as it is truly sugand that all men may the better know their gested in the preamble of the statute, it is not duty in matters of that nature, and upon how agreeable to reason or conscience that it should sure a ground they go that follow the judgment be otherwise; seeing men would be put upon of parliament for their guide, we wish them, an impossibility of knowing their duty, if the judicially, to consider the true meaning and judgment of the highest court should not be a ground of that statute, made in the 11 Ilen. rule and guide to them: and if the judgment 7. c. 1. which is printed at large in the end of thereof should be followed, where the question his majesty's Message of the 4th of May.is, Who is king? Much more, What is the This statute provides, That none that shall at- best service of the king and kingdom? And tend upon the king, and do him true service, therefore those that shall guide themselves by shall be attainted or forfeit any thing.' What the judgment of parliament, ought, whatever was the scope of this statute? To provide that happen, to be secure and free from all account men should not suffer as traitors for serving the and penalties, upon the grounds and equity king in his wars, according to the duty of their of this very statute.-We shall conclude: That allegiance? If this had been all, it had been a although those wicked counsellors about his very needless and ridiculous statute. Was it najesty have presumed, under his majesty's, then intended, (as they may seem to take the name, to put that dishonour and affront upon meaning of it to be, that caused it to be print- both houses of parliament, as to make them. ed after his majesty's Message) that they should the countenancers of treason; enough to have be free from all crime and penalty who should dissolved all the bands and sinews of contifollow the king, and serve him in war, in any dence between his majesty and his parliament, case whatsoever; whether it were for or against of whom the maxim of the law is, That a dis the kingdom, and the laws thereof? That can- honourable thing ought not to be imagined of not be, for that could not stand with the duty them;' yet we doubt not but it shall, in the of their allegiance; which, in the beginning of end, appear to all the world, that our endear this statute, is expressed to be, to serve the vours have been most hearty and sincere, for king for the time being in his wars, for the de- the maintenance of the true Protestant Relifence of him and the land; and therefore if it gion, the king's just Prerogative, the Laws and be against the land, (as it cannot be under- Liberties of the Land, and the Privileges of Parstood to be otherwise, if it be against the parliament; in which endeavours, by the grace of liament, the representative body of the kingdom) it is a declining from the duty of allegiance; which this statute supposeth may be done, though men should follow the king's person in the war: otherwise there had been no need of such a proviso in the end of this statute, That none should take benefit thereby, that should decline from their allegiance.' That therefore which is the principal view in this statute, is, "The serving of the king for the time being; which cannot be meant of a Perkin Warbeck, or any that should call himVOL. II. 6 God, we will still persist, though we should perish in the work; which, if it should be, it is much to be feared, That Religion, Laws, Liberties, and Parliaments, would not be longlived after us." Orders of Parliament against removing the Records to York, &c.] May 27. This day there was a report made in the house of lords, of a conference held the day before, in which the commons desired, That since they were inforined of the king's resolution to remove the next Term to York, some course might be taken to 4 P The lords examined several messengers, sent down to take into custody the gentlemen who signed a late Petition to the king against removing the Magazine from Hull.* These declared, That they had served them all with the Order, most of them personally; and that those had shewn them the king's Warrant for not obeying that order. A copy of one of the Warrants was read as follows: jesty's service and the peace of the kingdom; which otherwise would have been much endangered: and that, upon the same reason, what hath since been there done by him, hath been necessary in pursuance of those Direc tions; and is by us avowed, and approved of, as warranted by the authority of parliament. 2. You shall further take care, that such Resolutions and Orders of both houses, as have been, or shall be, sent down, be put in execution; and shall require the sheriff, justices of peace, and all other his majesty's officers and loving subjects, to be aiding and assisting unto you for that purpose. 3. You shall take care, that no Forces be raised for the forcing the Town of Hull, or otherwise to disturb the peace of the kingdom: and, in case any be raised, you shal prevent the removal of the Records, at Westminster, to that place. Agreed to; and an Order was sent to all the keepers of the records, for that purpose.-They proposed, That a committee of lords might be appointed to join with one of their house, to consider of some fit means for the present defence of the kingdom. A committee of twelve lords was appointed accordingly. They also informed the lords that they had received Letters from sir J. Hotham, and others, by which their lordships might see the Malignant Party were still working designs to disturb the peace of the kingdom. Then a Letter from sir J. Hotham to Mr. Hampden, was read, dated May the 25th, containing a design, by one Beckwith and others, to surprize the town of Hull; also another from the mayor of Bever-require the sheriff, in the name of both houses, ley, to the same purpose. Ordered, That to command them to disperse themselves; and, Mr. Beckwith shall be sent for as a delin- if they refuse so to do, that then the sheriff, by quent. the same authority, forthwith raise the power of the county, for suppressing of them; and you shall likewise by the saine authority require the land lieutenant appointed by the Ordinance of parl and in his absence, the deputy lieutenants, to draw together the Trained-Bands, for the as sistance of the sheriff in so doing. 4. Because it is not improbable that, under pretence of raising a Guard for his majesty's person, the knights, gentlemen, freeholders and others the inhabitants, may be drawn together is the county of Lincoln, as we hear they have been in other places; you shall declare at them and all others, That it hath ever ber and still shall be, the chief care and endeares of the parliament to provide for his majest safety: That they do not know of any evil tended to his royal person, which should me him to take such a course: That bis greates safety is in the affection, duty, and faithful vice of his parliament; and his greatest dange in thus withdrawing himself from them, and pro ceeding in ways contrary unto them; so that the disaffected and malignant party, under colour of this service, go about to raise a fa tion and a party against the parliament; which at last, may break out into open rebellion, the destruction of the king and people, if it be not (through the blessing of God) prevented by That, in case there he a necessity of raising the the wisdom and authority of parliament. forces of the county for the suppressing of ant insurrection and keeping the peace, you sh require sir J. Hotham to deliver such proportion of arms and ammunition out of the Magazine Hull, as shall be necessary for that service: and you shall declare, That the parliament holds it lawful and necessary to dispose of the public Magazines of the kingdom, for the de fence of the kingdom; as likewise for the sup pression of the Rebellion in Ireland, which doth so much concern the safety of this king dom but that it is their intention, and resolution, to store them again; as holding it fit that such a preparation should be in readiness, upon all occasions, for the service of the king and defence of the common-wealth, 6. You "C. R. We strictly charge and command you, Francis Wortley, knt. upon your allegiance, and upon pain of our heavy displeasure, not to go or remove out of this county, upon any occasion or command whatsoever; but to stay and abide therein, to attend our service, as we shall direct. And hereby we likewise charge all our subjects and officers, of what quality soever, to forbear arresting or attaching you, Francis Wortley, as they will tender our royal resentment at their peril. Dated at our court at York, April 23, 1642." Further Instructions from the Parliament, to their Commissioners in Lincolnshire and at Hull.] This day the commons sent up a copy of some Instructions to the Committees of both houses, appointed to go down into Lincolnshire and to Hull; which were agreed to by the lords, and were as follows: INSTRUCTIONS for sir Edw. Ayscough, knt. This petition, with the names of the principal subscribers to it, will be found at p 1185. shall endeavour to clear the proceedings of the parliament from all imputations and aspersions; and shall, from time to time, certify us of all things you conceive necessary 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 shall lay a strict charge upon all postmasters, that they do not suffer any letters, or other dispatches, to or from the parliament, to be intercepted or stayed: and, if any shall presume to make such stay of those dispatches, you shall direct the postmasters to repair to the justices of the peace, constables, and all other officers, for their aid and assistance; who are hereby required to take special care there may be no such interruption. 7. Those of you that are Commissioners for Hull shall repair there, as often as you shall see it needful for preservation of that town. 8. You shall be careful to require the lord Willoughby of Parham, lord lieutenant of the county of Lincoin, to send such numbers of the TrainedBands and others, for the safeguard of the town of Hull, as you shall conceive to be needfull; according to the Order made by both houses in that behalf. 9. You shall take the best courses that may be, that all needful provisions be sent to the supply of the market at Hull, as it is usual, without any stop or interruption by water or land. 10. And, if you shall find any disaffected persons raising any parties or factions against the parliament, or spreading any scandals or aspersions upon their proceedings, like to disturb the peace of the kingdom; you shall cause all such persons, upon good proof of their misdemeanors, to be arrested and sent up to answer their offences, as to law and justice shall appertain. 11. You shall observe and execute all such further Directions and Instructions as you shall, from time to time, receive from both houses of parliament. 12. Whereas it doth appear to the lords and commons, that the king, seduced by wicked counsel, intends to make war against the parliament; therefore, if any person whatsoever shall endea Your to levy any soldiers, or to draw together any of the Trained-Bands, by colour or pretence of any commissions from his majesty, under the Great Seal or othewise, you shall require a copy of such Warrant and Command; and you shall in the name, and by the authority, of both houses of parliament, require such persons to forbear the execution of any such and you shall command and require all his majesty's subjects to forbear to obey any such command, till you shall have sent up the copy thereof to the parliament, and receive further directions from the lords and commons therein: It is also ordered by the lords and commons in parliament, That Francis lord Willoughby of Parham, lord lieut. of the county of Lincoln, shall be careful, from time to time, to supply and relieve the town of Hull; and that, upon any letter or request made unto him by sir J. Hotham, or any 4 of the Committee of both houses there residing. | 13. Whereas, by Order of the lords and commons in parliament, made the 28th of April last, the carl of Stamford, the lord Willoughby of Parham, sir Edw. Ayscough, sir Christ. Wray, sir S. Owfield, and Mr. Hatcher, were appointed to repair to the county of Lincoln, and from thence to Kingston upon Hull; and, if there should be occasion, to any other part of Yorkshire, for the performance of certain Instructions therein expressed, as by that Order, and Instructions thereunto ar neved, doth and may appear: It is this day ordered, That the former Order above mentioned shall still continue in force, and that sir Wm. Strickland, Mr. Allured, Mr. John Hotham, Mr. Peregrine' Pelham, and Mr. Wharton, shall be added to the former Committee; and that the said earl of Stamford, the lord Willoughby of Parham, sir Edward Ayscough, sir C. Wray, sir S. Owfield, Mr. Hatcher, sir W. Strickland, Mr. Allured, Mr. J. Hotham, Mr. Peregrine Pelham, and Mr. Wharton, or any 4 of them, shall have full power to put the said forementioned Order and Instructions into execution: as likewise the Instructions under written, and all other Instructions which they shall hereafter receive from both houses of parliament. 1st, They shall assist sir J. Hotham, governor of Hulí, with their best counsel and advice, and by alf other means, for the safe keeping of that town for the security of the king and kingdom, in such manner as shall be requisite. 2dly, They shall take care to write to the lord lieut. of Lincolnshire, to send into Hull, for the defence thereof, such further supplies of Trained-Bands and others, as they find needful for the preservation of the town. 3dly, They shall be careful, that the remainder of the Magazine, thought fit to be stayed there for the defence of that town, be preserved from wastes and embezzling; and that a perfect account shall be kept of whatsoever arins, powder, or ammunition, shall be taken out by warrant from the governor, and how the same is employed. 4thly, If the ships laden with the Magazine be not gone, you are to hasten it as much as may be, and you shall require the captains of the other two ships appointed for the better security of Hull to remain there, and diligently to attend their charge: and you shall let those captains know, as likewise the other officers and the companies of the said ships, how well their readiness in this service of the king and kingdom is taken by both houses of parliament, and you shall give them therein all due and fit encouragement. 5thly, Whereas there was, heretofore, an Order made, That 500 arms, half of them pikes and corslets, and the other half muskets, borrowed of the county of Lincoln, aud employed in his majesty's service at Berwick, should be restored out of the Maga zine at Hull, according to his majesty's promise and direction in that behalf. 6thly, You shall desire sir J. Hotham to give present order that the like number of Arms, with swords and other furniture appertaining to so many pikes, corslets, and muskets, shall be forthwith delivered to such person or persons as shall be appointed by the lord-lieut. of the county of Lincoln, or any two of the deputy lieutenants thereof." A Committee appointed to consider of Means to prevent a Civil War.] May 27. p. m. A message was brought up from the commons, to desire that the joint-committee, before appointed to consider of proper means for the present defence of the kingdom, night have power to take into consideration all things to procure and preserve the peace thereof, and to prevent a Civil War. Agreed to by the lords. Accordingly, the next day the earl of Northumberland, from the said committee, exhibited a draught of some Propositions, fit to be presented to the king; which were commanded to be read, and some alterations were made in them. They were then but 14 in all, but being sent down to the commons, they were by them increased to 19 Articles, as will be seen in their proper place. Order to stop Arms and Ammunition going to York.] An Order was agreed to by both houses, directed to the sheriffs and others of the several counties, within 150 miles of York, to take care to stop all Arms and Ammunition carrying to that place. Likewise another to suppress the raising and coming together of any soldiers, horse or foot, by any warrant, order, or commission, from the king, &c. The preamble to these Orders begins thus, "Whereas it appears that the king, seduced by wicked counsel, intends to make war against his parliament, and under colour of a Guard, doth command troops, both of horse and foot, to assemble at York, &c. *" nexed, that he is not able to travel towards Westminster without danger of his life: and further beseecheth your lordships to be informed of this truth, that Saturday last, about 2 o'clock in the afternoon, was the first time that he ever heard of his going to York; when he received his majesty's commands, under his sign manual and privy signet, to take his journey immediately, without reply or delay, towards York, and keep the same secret, whereunto be was enjoined upon his allegiance and fidelity and other obligations; which he taking into his consideration, with his oaths formerly taken, conceived he was bound in conscience to obey; and doth humbly beg your lordships pardon for not asking leave, which he could not possibly do, the house not sitting till Monday, and himself enjoined to take his journey instantly. And he further taketh the boldness to inform your lordships, that the king's majesty hath expressly commanded him, upon his allegiance, not to depart from him. And, lastly, be seecheth your lordships to continue him in your good opinion until he shall advise, or consent unto, any thing against the public good of this commonwealth; and he shall daily pray for your lordships increase of happiness.EDWARD LITTLETON." The AFFIDAVIT above referred to. "Tobias Peaker, servant to the lord keeper, maketh oath, That upon Monday night last, being the 23d of this instant May, he conceived that his lord would then have died; and that he is at present troubled with divers infirmities and diseases, so that he is not able to travel without endangering of his life."-The cons deration of this Petition was deferred to another time. The Magazine of Hull brought to London.] May 30. The lords were informed by the lord admiral, That he had received a Letter from the earl of Warwick, by the captains of the The King's Answer to the Parliament's Peships which brought the Magazine from Hull to tition for disbanding his Guard.] Then the London, that the said captains desire to be dis-lord Wharton, speaker of the house of peers charged from any further care of it; and he moved that a warrant might be granted for receiving the said Magazine into the Tower. The captains were called in, and, after having the thanks of the lords, for their care and diligence in this matter, they were recommended, with their seamen, to the commons, for some gratuity, to encourage others to do the like. Lord Keeper Littleton's Petition to the Lords.] A Petition from the lord keeper Littleton was read, in these words: To the right hon. the LORDS assembled in Parliament: The Humble PETITION of EDWARD LITTLETON, Lord Keeper of the Great Seal, "Sheweth, That, in his person, he is very willing to submit to your lordships Order of the 23d of this instant May, so far as is possible for him to perform, he being in so weak a condition of body, as appears by the Affidavit an * These Orders are at length in Rushworth, vol. iv. p. 721, 2. and in Husband's Collections, p. 399, &c. | in the absence of the lord keeper, acquainted the lords that he had received a Letter from the king, commanding him to communicate the inclosed to them; which was an Answer to a l'etition of both houses, concerning the disbanding of his Guard, which had been presented to him at York, May 22, along with those Votes of both houses wherein it was declared, That the king intended to make War against the Parliament. The Answer was in these words: "We cannot but extremely wonder, that the causeless jealousies concerning us, raised and fomented by a Malignant Party in this kingdom, which desires nothing more than to snatch to themselves particular advantages out of a general combustion, (which means of advantage shall never be ministered to them by our fault or seeking) should not only be able to seduce a weak party in this our kingdom, but seem to find so much countenance even from both houses; as that, our raising of a Guard, without further design than for the safety of our person, (an action so legal, in manner so peaceable, upon causes so evident, |