THE ANSWER OF Both Houses of Parliament, Presented to His Majestie at YORK, the ninth of May.

Concerning Sir Iohn Hothams Refusall to give His Maiestie entrance into His Town of Hull.

VVith His Majesties REPLY thereunto.

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[Scottish thistle]

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YORK: Printed by ROBERT BARKER, Printer to the Kings most Excellent Majestie: And by the Assignes of JOHN BILL.

1642.

¶ The most humble Answer of the Lords and Commons in Parliament, to two Messages from His Sacred MAJESTIE, Concerning Sir Iohn Hothams Refusall to give Him entrance into the Town of HULL.

YOur Majestie may be pleased to understand, That we, your great Councell, finding ma­nifold Evidences of the wick­ed Counsels and Practises of some in neer Trust and Authority about you, to put the Kingdom into a Combustion, by drawing your Majestie into places of Strength, remote from your Parliament, and by exciting your People to Commo­tions, under pretence of serving your Majestie against your Parliament, Lest this Malignant Party, by the advantage [Page 2] of the Town and Magazine of Hull, should be enabled to go thorow, with their mischievous intentions, Did (in discharge of the great Trust that lies upon us, and by that Power, which in Cases of this Nature, recides in us) command the Town of Hull to be secured, by a Garrison of the adjoyning Train Bands, under the government of Sir Iohn Ho­tham, requiring him to keep the same for the service of your Majesty and the King­dom; wherein we have done nothing contrary to your Royall Soveraignty in that Town, or Legall Propriety in the Magazine.

Upon consideration of Sir Iohn Ho­thams proceedings at your Majesties be­ing there, wee have, upon very good grounds, adjudged, That he could not discharge the Trust upon which, nor make good the end for which he was pla­ced in the Guard of that Town, and Ma­gazine, if he had let in your Majestie, with such Councellors and Company as then were about You.

[Page 3] Wherefore, upon full Resolution of both Houses, we have declared Sir Iohn Hotham to be cleer from that odious Crime of Treason; And have Avowed, That he hath therein done nothing but in Obe­dience to the Commands of both Houses of Parliament; Assuring our selues, That upon mature deliberation, your Majestie will not interpret his Obedience to such Authority, to be an Affront to your Ma­jestie, or to be of that nature, as to re­quire any Justice to be done upon him, or satisfaction to be made to your Maje­stie: But that you will s [...]e just cause of joyning with your Parliament, in preser­ving and securing the Peace of the King­dom, suppressing this wicked and Malig­nant party, who by false colours and pretensions of maintaining your Maie­sties Prerogative against the Parliament, (wherein they fully agree with the Rebels in Ireland) have been the causes of all our Distempers and Dangers.

For prevention whereof, we know no better Remedy, then setling the Militia [Page 4] of the Kingdom, according to the Bill which we have sent your Ma [...]estie, with­out any intention of deserting or decli­ning the validity or observance of that Ordinance which past both Houses, up­on your Maiesties former refusall, But we still hold that Ordinance to be effe­ctuall by the Laws of this Kingdom.

And we shall be exceeding glad, If your Maiestie, by approving these our Just, Dutifull, and Necessary Proceed­ings, shall be pleased to entertain such Councell, as wee assure our selves (by Gods blessing) will prove very advanta­gious for the Honour and Greatnesse of your Maiestie, the safety and peace of your People, amongst which, we know none more likely to produce such good effects, then a Declaration from your Maiestie, of Your purpose to lay aside all thoughts of going into Ireland; And to make a speedy return into these parts, to be neer your Parliament. Which, as it is our most humble Desire, and earnest Pe­tition, so shall it be seconded with our [Page 5] most dutifull care for the safety of your Royall Person, and constant Prayers▪ That it may prove Honourable and Successfull in the happinesse of your Maiestie and all your Kingdoms.

His Majesties Answer to the Petition of both Houses of Parliament.
Presented to Him the ninth of this Moneth, by the Lord Ed. Howard, Lord Fairfax, Sir Hugh Cholmley, Sir Ph. Stapleton, and Sir H. Cholmley.

HIs Majestie was in good hope, that the Reason why you so long defer'd your An­swer to His Messages concerning Hull, was, That you might the better give him satisfa­ction therein, which now adds the [Page 8] more to His astonishment, finding this Answer (after so long advise­ment) to be of that nature, which cannot but rather increase, then di­minish the present Distractions, if constantly adhered unto by the Par­liament: Was it not too much, That His Majesties Town of Hull had a Garrison put into it, to the great charge of the Countrey and inconvenience to the poor Inhabi­tants, without His Majesties con­sent and approbation, under colour, at that time, of forraign Invasion, and apprehensions of the Popish party, but now the Reasons there­of must be enlarged with a scandall to His Majestie and His faithfull Servants, onely to bring in the more specious pretence for the avow­ing of Sir John Hothams treason­able insolency?

His Majestie hath often heard of the great trust, that by God and [Page 9] Mans Law is committed to the King, for the defence and safety of His People, but as yet hath never understood what trust or power is committed to either, or both Hou­ses of Parliament, without the King; they being summoned to counsell and advise the King: but by what Law or Authority they possesse themselves of His Majesties proper Right and Inheritance, he is confident, that as they have not, so they cannot shew.

His Majestie, hitherto, hath not given the least interruption to pub­lique Iustice; But you, rather then suffer one of your Members to come so much as to a legall triall for the highest crime, will make use of an Order of Parliament to countenance Treason, by declaring him free from that guilt which all former ages never accounted other; And that, without so much [Page 10] as enquiring the opinion of the Iudges; For His Majestie is confi­dent, That you would have men­tioned their opinion, if you had asked the same.

Therefore His Majestie expects, That upon further and better con­sideration, of the great and neces­sary consequence of the businesse of Hull, and seriously weighing how much this doth concern the peace and quiet of the Kingdom, you will (without further instance from His Majestie) give him full and speedy Iustice against Sir John Hotham; and He leaves all His good People to think what hope of Iustice there is left for them, when you shall refuse or delay to give your own Soveraign satisfaction: And, as His Majesty hath already said, Till this be done, he will intend no busi­nesse whatsoever, other then that of Ireland.

[Page 11] And His Majestie likewise ex­pects, That in the way you have exprest in this your Answer, you will not put the Militia in execution, untill you can shew him by what Law you have authority to do the same without His consent, or if you do, Hee is confident, that He shall finde much more Obedience, according to Law, then you against Law; and His Ma­jestie shall esteem all those that shall obey you therein, to be Di­sturbers of the Peace of the King­dom, and in due time call them le­gally to a strict accompt for the same.

As for Ireland, His Majestie re­fers you to His former Answer.

And lastly, Concerning His Re­turn, He never heard, That the slandering of a Kings Govern­ment, and His faithfull Servants, the refusing of Him Iustice in a [Page 12] case of Treason, and the seeking to take away His undoubted and le­gall Authority, under the pretence of putting the Kingdom into a posture of Defence, were Argu­ments to induce a King to come neer or hearken to His Parlia­ment.

FINIS.

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