Sovereign Antidote to Prevent Appease, Discourse

Sovereign Antidote to Prevent Appease · Discourse

A SOVERAIGN ANTIDOTE TO PREVENT, APPEASE, AND Determine our unnaturall and deſtructive Civill Warres and diſſentions. WHEREIN Divers ſerious conſiderations tending to this purpoſe are propounded both to the King and Subjects, the Parliaments and Sir Iohn Hothams proceedings at Hull and in the Militia juſtified, S^r Iohn Hothams actions proved to be neither Treaſon, Felony, nor Treſpas, by the Laws of the Land, nor any juſt ground or c…uſe at all for his Majeſtie to rayſe an Army, or a moſt unnaturall Civill warre in his Kingdome.

With a moſt ſerious Exhortation both to the King and ſubjects to embrace and preſerve peace and abandon Civill Warres, 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 Yeare 1642.

p. 1A SOVERAIGN ANTIDOTE TO PREVENT APPEASE, AND Determine Our unnaturall and deſtructive Civill-Wars and Diſſentions.

THE preſent deplorable condition of our bleeding and almoſt expiring Kingdom, machinating its owne unevitable ruine by a cauſeleſſe, groundles Civill Warre, intended (as the Parliament informes us) by the King,aaIn ſundry Declarations, and in certain Propoſitions concerning the raiſing of Horſe, &c. (ſeduced through pernicious Councellors) againſt the Parliament and the Kingdome, which intention is now apparant by his beſieging of Hull, and raiſing an Army in the North, hath in a manner conſtrained me (though altogether vnable for ſuch a ſervice) to attempt the ſpeedy redreſſe of this tranſcendent calamity, by propounding certaine materiall conſiderations, both to the King and Kingdome, and then by examining; whether there bee any juſt cauſe or ground at all on his Maieſties part to levie warre againſt Hull, the Parliament, his people, eſpecially whileſt the Civill-wars in Ireland have continuance.

To avoid prolixity and obſcurity, I ſhall reduce my conſiderations unto theſe enſuing foure Propoſitions, and the deductions from them.

p. 2Firſt, That it is the bounden duty of every good Chriſtian King and Subject, to the uttermost of their powers, to preſerve and maintaine the peace and proſperity of the Kingdomes wherein they live, and to prevent all Civill wars and Diſſentions in them.

This Propoſition being of greateſt conſequence, I ſhall be more prolix therein, and it is thus proved.

Firſt, by theſe generall precepts given by God, both to King and people, Seeke peace and purſue it, Pſal. 34. 14. 1 Pet. 3. 11. Follow peace with all men, Heb. 12. 14. As much as in you lyeth 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 godlines and honeſty: compared with Ier. 29. 7. And ſeeke 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 yee have peace.

Thirdly, by that injunction of King David himſelfe, given to all his people by Divine command, Pſal. 122. 6. 7, 8.bbNumb. 6. 26.Num 6:26 Pray for the peace of Jeruſalem, they ſhall prosper that love thee, peace be within thy Wals, and proſperity within thy Pallaces, for my Brethrens and Companions ſake, I will now ſay, peace bee 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 dayes.

Fithly, by the titles given to God and Chriſt in Scripture, where God is oft ſtiled, 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 ſeverall promiſes of God in Scripture, to give his people peace in their Land, to bleſſe his people with peace, to ordaine 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 p. 3Chriſts own Legacy, Who bequeathed his peace unto his people, Iohn 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 Gods cc2 Chron. 9. 8. R…m. 1…. 1, 2. 4. 6.2 Chr 9:8Vicegerents, & ought to imitate his example, muſt endeavour to be Kings of peace, and ſtudy to the uttermoſt to preſerve the Kingdomes and ſubjects in perfect peace and proſperity, and not to make warre againſt them.

Sixthly, this is evident by two excellent ſpeeches of David. Pſal. 78. 70, 71, 72. He choſe David his ſervant, and tooke 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 skilfullneſſe of his hands. By which text it is moſt moſt evident, that Kings are not abſoluteddSee 1 Pet. 5. 2, 3, 4.1 Pet 5:21 Pet 5:31 Pet 5:4 Lords, but onelyonly Sheepheards or Pastors of their people, ſet over them by God, not to worry or ſlay, but to feed, guide and ſeeke theireeNeh. 2. 10. 2 Chron. 1. 10. 2 Chron. 9. 8. 2 Sam. 23. 3, 4.Neh 2:102 Chr 1:102 Chr 9:82 Sam 23:32 Sam 23:4 Wellfare, in the integrity of their hearts, to rule them with all gentleneſſe, 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 Sheepheards are willing to do. Iohn. 10. 11. 15. and as King David deſired to do, in this 2^d. ſpeech of his, worthy all Princes conſideration; Hee ſeeing the Angell that ſmote the people, ſpake 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 mee and my fathers 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 matchleſſe Governour Moſes (moſt zealous for his peoples ſafety) who deſired God to blot him out of his Booke, rather then 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 ſtiffenecked 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 behalfe, Beſeeching him to turne from his fierce wrath, and to repent of the evill againſt his people, till hee cauſed God to repent of the evill which he thought to doe unto his people, Exod. 32. 9. to 15. Numb. 14. 11. to 21. O that all p. 4Chriſtian Kings and Princes were now ſo zealous of their peoples ſafety (as in truth they ought to be) they durſt not then leavy warre againſt them, much leſſe excite them to ſhed one anothers bloud.

If theſe divine precepts and examples bee not ſufficient to cleare this ſhining truth, I ſhall adde ſome humane authorities to ratifie it, and that both of Pagans and Christians: To begin with Pagans Reſolutions, it was a worthy ſaying of ffPlutarchi Apothegmata.Pelopidas, when, going forth to Battle, his wife wiſhed him to ſave himſelfe, others (quoth he) are to looke to this, but a Prince and Emperour ought to take care how he may ſave his Subjects,ggHiſt. l. 10. p. 486. a good Prince (writes Q…. Curtius) esteemes the ſafety of his ſubjects more deare unto him then his owne life. It is an excellent Obſervation of hhDe 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 cruell, nor revengefull 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 learne manners from ſmall creatures, ſeeing the minds of men ought to be more moderate, by how much the more vehemently it may do harme: Security is to be gained by mutuall ſecurity, &c. Kings have one impregnable fortification, the love of their ſubjects; which they ſhall then be ſure of, when they deeme the Common-wealth not to be theirs, but they to be the Common-wealths. And he concludes thus, iiIbidem. cap. 26.There is no Ornament more worthy and more becomming a Princes Highneſſe, then that Crown ob c…ves ſervatos, for preſerving and ſaving his ſubjects: Not hoſtile Armes taken from the conquered, not the Chariots of the Barbarians died with blood not the ſpoiels gained in warre. Many more inſtances of this nature, I pretermit for brevity, to paſſe from Pagans to Chriſtians,kkZonarus Annal. Tom. 3. p. 117. Constantine the great was wont to ſay, that an Emperour ought to ſpare, no not his owne members, for the preſervation of the peoples tranquility. Pope Elutherius in his llSpelma…ni Concil. p. 34. and in ſundry other of our Wri…ers.Epiſtle to our King Lucius, the firſt Chriſtian King, about the yeare of our Lord 169. writes thus to him. The Nations and people of the Kingdome of Britaine 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, governe and defend them from injurious p. 5and malicious perſons and enemies. A King is named from governing not from a Kingdome; Thou ſhalt be a King whileſt thou ruleſt well, which unleſſe thou ſhalt do, the name of a King ſhall not remaine in thee, and thou ſhalt looſe the name of a King which God forbid.

Finally to cloſe up this Propoſition; the Kings of England (and ſo the Emperours with moſt other Chriſtian Princes) doth take this ſolemn oath, and make this ſerious Proteſtation to their ſubjects at the Coronation,mmSee Totles Magna Charta, 1571. The Parliaments Remonſtrance 26. of May, 1642. p. 9 And his Majeſties Anſwer thereto. p. 16. …7. I will keepe peace and godly agreement intirely (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 generall peace of the Kingdome and people; to avoid all civill Warres, unleſſe in caſe of their ſubjects open Rebellion, not any otherwiſe to be ſuppreſſed but by a warre againſt them: and not to arme 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 Mathew Paris records in their lives) tooke the ſame oath at their Coronations, and promiſed faithfully to fullfill it, and all our other Kings ſince have done the like.

From this firſt Propoſition, Concluſions deducted from the former Propoſition.thus aboundantly ratified, theſe concluſions neceſſarily enſue.

Firſt, that his Majeſtie cannot without great ſin and willfull perjury rayſe a Civill Warre againſt the Parliament and Kingdome, and excite his loving ſubjects (who have lived in peace for ſo many yeares, and are all of one Nation, one Religion, one fleſh and blood) without any juſt cauſe, moſt unnaturally to deſtroy and murther one another, and ſo to ruine their owne native Countrey and undoe themſelves and their Poſterity.

Secondly, that no faithfull ſubjects ought to foment or promote ſuch an unreaſonable, unnaturall Civill Warre, 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 lawfull meanes to prevent oppoſe and withſtand it, for the preſervation both of the King, Kingdome, Parliament, their own Liberties, Inheritances, Lives, Perſons, Families p. 6E…tates and Religion, and to unite all their Forces to …inguiſh the …ames of civill diſſentions already kindled among us.

Thirdly, that thoſe malignant ſpirits who counſell and inſtigate his Majeſtie to a Civill-warre againſt his Parliament and people, are moſt unnaturall Vipers, and Traytours to their Coun…rey, deſperate Rebells againſt God, and moſt execrable wicked perſons, and ſo God himſelfe hath proclaimed them to all the world, Iſa. 59. 5. to 10. They hatch Cokatrice egges, and weave the Spiders Webb; he that eateth of their egges dyeth, and that which is cruſhed breaketh out into a Viper, their workes are workes of iniquity, and the Act of violence is in their hands, their feet run to evill, 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 judgment 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 poyſon of Aſpes is under their lips, their mouth is full of curſing and bitterneſſe, their feet are ſwift to ſhed blood, deſtruction and miſery are in their wayes, and the …ay of peace they have not known, there is no feare 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 farre as to take up Armes againſt their native Countrey, to b…come their own, their Brethrens, the Parliaments, and Kingdomes Executioners, and thereby moſt**Nullihoſtes digniores ſupplicio ſunt quam ij qui contra patriam arma ſum unt. … ad Qu. Iretrem. deteſtable Traytours! as all ſuch who take up Armes 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 referre you.

Fourthly, that if the King againſt his Oath and Office, will without juſt cauſe make warre upon his Parliament and Kingdome, they may lawfully take up Armes for the preſervation of the Kingdomes peace, and their owne juſt defence, for when the King who ſhould protect them, will againſt the truſt and duty of his Royall Dignity, ſet himſelfe to deſtroy them; they having no other protection, may juſtly protect and defend themſelves, even as Souldiers, Children, Wives, Servants, p. 7may by the equity of all Laws, lawfully by open force defend themſelves againſt the bloody aſſaults and violence of their Generalls, Parents, Husbands, Maſters, who ſeeke to take away their lives, though in all lawfull things they ought to be ſubject and obedient to them: If a King ſhould cauſeleſly 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 22.1 Kgs 212 Kgs 9:25Exod 1:16–22 but upon juſt grounds after a legall triall, and that in a legall, not an extraordinary way, Much more then may the whole Parliament and Kingdome withſtand a Kings open cauſeleſſe hoſtility againſt them, to preſerve themſelves and the Kingdome from deſtruction. This is evident even by divine Authority, as namely by the example of David, who though a ſubjectnn1 Sam. 22. to 27.1 Sam 22 tooke up Armes and rayſed an Army to defend himſelfe againſt King Saul his Soveraign, who cauſeleſly made Warre againſt him and ſought his life, and though he ſtill avoyded Saul, and twice refuſed to hurt or murther his Perſon, when he was in his power, becauſe he was Gods anointed: Yet no doubt had Saul aſſaulted him with his Armie, he would have defended himſelfe againſt him in Battel: 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 dye the death, though it were Jonathan his Sonne, who procured that Victory and the Lot fell upon Jonathan, who did but taſt a little Honey on the top of his Rod, who ſaid, and lo I muſt dye for this; Saul anſwered, God do ſo, and more alſo, for thou ſhalt ſurely dye Jonathan; the people thereupon ſaid to Saul (notwithſtanding, he were their King, and had made two ſuch ſolemne Oaths) ſhall Jonathan die, who hath wrought this great deliverance in Iſraell God forbid; as the Lord liveth, that ſhall not one haire of his head fal to the ground, for he hath wrought with God this day, ſo the people reſcued Ionathan, that he died not. Here the people not only juſtly defend, but reſcue Jonathan, being an Innocent from death, not onlie contrarie to the reſolution, but vowes and Oaths of their owne King, to put him to death, and ſo doubtleſſe they would have defended themſelves by force in the like caſe. There is a notable place to p. 8this purpoſe in the 1 of Kings 12, 13. to 25. 2 Chron. 11. 1. to 5. Where when the ten Tribes (through Rehoboams following of the raſh Counſell of the young men) revolted and rebelled againſt him, being their lawfull King, and made Ieroboam King over them, Rehoboam, as ſoon as he fled from them and came to Ieruſalem aſſembled all the Tribe of Iudah, and the Houſe of Benjamin, an hundred and fourſcore thouſand men, which were Warriers, to fight againſt the Houſe of Iſrael: (who rebelled and revolted) to bring the Kingdome againe to Rehoboam the Sonne of Solomon. But the word of God came to Shemajah the man of God, ſaying ſpeake unto Rehoboam the King of Iudah, 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 Rebells) returne every man to his houſe, for this thing is from me. They hearkned therefore to the word of the Lord, and returned to depart, according to the word of the Lord, from going againſt Ieroboam and their Brethren. Here God himſelfe prohibits both King and people to raiſe a Civill-warre againſt their Brethren, though Rebells and Revol…ers in the higheſt degree, and they both lay downe Armes hereupon for the preſent. And when Rehoboam and Abijah his ſonne afterwards made warre 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 beſeiged by King Omri to take Zimri, lawfully defended themſelves for a time, 1 Kings 16, 17, 18. and thus did thoſe of Bethmaachan againſt Ioab, 1 Sam. 20, 14. to 23. To paſſe from Scripture preſidents. Infinite are the examples in hiſtories of ſubjects (who by the very dictate law of natur, w^ch inſtructeth every creature to defend it ſelfe againſt unjuſt violence) defended themſelves in all ages againſt the aſſaults oppreſſions and groundleſſe Warres of their unnaturall Princes. But the many late examples of this kinde of the Proteſtants in France, Germany, and Bohemia, who have by open force defended their perſons, eſtates, Religion, againſt thoſe Popiſh Kings and Governours, who have cauſeleſly levyed Warre againſt them, (which act of theirs all Proteſtants affirme to be lawfull both by the lawes of nature, God and man) and our owne domeſticke examples of the long continued Barons p. 9Warres both in King Iohns, ooSee M… thew Pa…s, Ho…, Wa…ſingham, Speed, Stow, G…ſton, Mathew Weſtminſter, …, and others.King Henry the thirds, Edward the ſeconds, and Richard the ſeconds Reignes who took up Armes againſt theſe Princes, for the juſt defence, preſervation, and eſtabliſhment of the Laws and Liberties of the Kingdome (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 onelyonly lawfull, butppOptin … 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 meanes whereof our Kingdome hath quietly enjoyed thoſe Lawes and Liberties, which they contended for, ever ſince, which otherwiſe had been long agone utterly loſt, and the Kingdome with them; will aboundantly ſuffice to cleare and ratifie this concluſion, beyond all contradiction or excep…ion of any malignant Spirits.

Fifthly, that it is lawfull and neceſſary for the Parliament for the preſervation of the Kingdomes 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 Civill-warres, to ſettle the Militia, and ſecure the Magazines of the Realme by ſuch meanes as may moſt effectually advance and accompliſh this great much oppoſed worke, ſince His Majeſtie hath refuſed to paſſe a Bill to accompliſh it. Neither is this way of ſetling the Militia a Novelty, but the moſt ancient practice and cuſtome of this Kingdome, for it appeares by King **See Cookes … on Magna Char…a, f…l. 17…, 175. And Leges Edwardi Regis cap. de Her…tochijs in Lamberds Archion.Edwards Lawes, that in his and former ages the Lievtenants and ſupream Commanders of the Mlitia in every County, were elected; per commune Concilium, pro communi v…ilitate regni, per provincias et patrias vniverſas, et per ſingulas Comitatus, in …leno Fulkemots▪ by the Common-counſell, for the common utility of the Realm; through every Province, Countrey 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 Lievtenants and Captaines 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 appeares by the ſame Law of p. 4King 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 Majeſties Prerogative.

Sixthly that His Majeſties late Commiſsions of Array, to enforce one ſubject to take up Armes againſt another, in effect to maintain a Civill-warre, & to impriſon thoſe who refuſe, contrary to the expreſſe Letter of Magna Charta, c. 29. the late Petition of Right 3. Caroli, (in the Anſwer whereunto His Majeſtie profeſſeth that it is his Maxime, That the peoples Liberty ſtrengthens the Kings Prerogative, and that the Kings P…erogative is to defend the peoples Liberties:) Is directlyqqSee the Commons Declaration concerning the Commiſſion of Array Iuly 1. 1641. Wh…re it is fully proved. againſt the Law, and His Majeſties Coronation Oath, as the Parliament hath now lately proved it.

Seventhly, That to diſſwade and divert His Majeſtie from this Civill-warre, and ſhedding the blood of his innocent ſubjects, will be a moſt acceptable and meritorious ſervice both to God, the King himſelfe, and the whole Realme. To God it muſt be ſo becauſe he is a God of peace, abhorring all unnaturall Civill-warres, as is formerly demonſtrated. To the King himſelfe 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 murther, in cauſing his people cauſeleſly to ſheath their Swords in one anothers Bowells; and from many other ſinnes and miſchiefs. To the whole Kingdome it muſt be ſo, which deſires peace and unity, & abhors the very thought, much more the ſight of an unnaturall Civill-warre, which will now in all probability, as things ſtand abroad and at home procure aboundance of miſery, if not utter ruine both to King and people. Whenrr1 Sam, 25. David by reaſon of Nabals churliſh Anſwer, had taken up a peremptorie Reſolution, By the morning light to ſlay every one of Nabals houſhold 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 p. 1ſent thee this day to meet mee, and bleſſed be thy advice, and bleſſed be thou, which haſt kept me this day from comming to ſhed blood and from ave…ging my ſelfe with mine own hand. O, that ſome diſcreet man or woman, could now divert His Majeſtie from his intended Civill-warre againſt Hull, the Parliament and Kingdome, as Abigail here did David, cert…nely it would cauſe his Majeſtie upon due conſideration, to breake out into Davids words, and to bleſſe both God, their advice, and them, for keeping him from ſhedding his owne ſubjects innocent blood, & from avenging himſ…lfe with his own hand; neither of which becomes a gracious Prince and may prove deſtructive both to himſelfe, his people, and Kingdomes.

The ſecond PROPOSITION.

THE ſecond Propoſition is this: That the King ought not to deny or deferr juſtice or right to any of his ſubjects, much leſſe to the whole Kingdom. This is manifeſted both by the expreſſe 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 Majſties ſerious ſecond thoughts to conſider.

Firſt whether his voluntary withdrawing himſelfe from his Parliament to York, (which hath much retarded, if not wholly fruſtrated all Parliamentary Proceedings, ſince for the ſafety and wel-fare both of this Kingdome and … ) be not an apparant violation of this part of his Royall Duty.

Secondly, whither his peremptory refuſall to paſſe ſome neceſſary uſefull Acts for the good of the whole Realme …pon a pretended diſcontent againſt the Parliament and Sir Iohn Hot…am, and a private vow (as ſome report) not to paſſe any Act whatſoever, till he received p. 12juſtice in Parliament againſt Sir Iohn Hotham, for the buſineſſe of Hull, and his refuſall to ſettle the Militia, for the ſafety of the Kingdome by Act of Parliament, or otherwiſe, be not an apparant breach of this truſt and parcell of his Kingly office.

Thirdly, whether his detaining of the Lord Keeper and great Seale at Yorke, whereby many ſubjects proceſſes, and cauſes have been delayed, their ſuites retarded, and ſome of them quite loſt, be not an apparant deviation from this Propoſition.

Fourthly, whether his abſolute denyall 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 denyall of common Right and Juſtice to thoſe eminent Perſons.

Fifthly, whether it be not an apparant Uiolation and denying of Juſtice, for his Majeſtie to proclaime Sir Iohn Hotham a Traytor, 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 Majeſties rayſing of a Civil-warre 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 warrs in Ireland (by meanes whereof thoſe Iriſh Rebells 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 Rebells (now halfe ſubdued are like to regaine the Forts they formerly loſt, and in time wholly to conquer that Kingdome: and ſo utterly to extirpate the Engliſh Nation and Proteſtant Religion thence) be not a reall tacit denying and delaying of ayd right and juſtice to that diſtreſſed bleeding Kingdome, which now lyes and calls to p. 13his Majeſtie and the Parliament for preſent ſuccours and ſupplies, which this now Civill-warre will in all probability totally fruſtrate to the great advancement of Papiſts and Roman Religion.

If all theſe particulars upon ſerious deliberation prove croſſe to this Propoſition & his Majeſties Regall Office, I preſume his graciouſneſſe, his Royall Love to right and Juſtice, and his compaſsion to almoſt expiring Ireland and England, is ſuch that he will ſpeedily redreſſe all former errors of this kind, put a ſpeedy period to our domeſticke Civill-warres, and move him never to run into the like exorbitances againe.

The third PROPOSITION.

THe third Propoſition, That his Majeſtie hath no ſuch private or particular intereſt in the Forts and Townes or Magazines of the Realme, as the ſubjects have in their Lands and goods, to give ſell, or dispoſe of them at his pleaſure, but onelyonly a publique intereſt by way of truſt, for the defence and preſervation of the Kingdome, and the ſecurity and tranquility of his people. A truth worthy conſideration, when ignorance and incredulity hath lately occaſioned many grand inconveniences and miſtakes.

This is moſt apparant 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 Crowne, as he is King of England, and the publique Miniſter or Servant of the Kingdom to provide for its ſecurity and tranquility in times of warre or danger, and its proſperity in times of peace. Wee all know, that by the Law of the Land: the King cannot ſell or alien the Lands or Revenues of the Crowne, yea our Law-books and Judges have reſolved,ſſ…5. H. 6. 19. Fitz. Deviſe 5. that the King by his will cannot demiſe any of his Lands: ttM. …. H. 5. Fitz Executors. 108.That though the King make a will and give Legacies of his own private goods which hee hath, yet he cannot demiſe the Iewells, Plate, Coronets and goods of the p. 8Crowne. And if theuu… Fitz Qu. Imp. 35 55, 5…. 11…. 118. 189. Live y. 23. Preſe … 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 dye, 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 dye before they are l…vyed, his Executors ſhall not enjoy them, though a chattle; but his Succeſſor. So the ſucceſſor King, not the Kings Executors ſhall have all his Ships. Ordinance, Powder Armes and Ammuni…ion, though chattles, becauſe they are not the Kings, but Kingdomes and purchaſed with the Kingdomes money 1 Eliz. xx…, 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 Kingdome. When King Iohn moſt unworthily (with the conſent of ſome of his Barons) reſigned his Crowne and Kingdome of England to the Pope. P…lip the French King though his enemy, declared this Act void.yyMathew Paris Haſt Min…r; in Ioan. Dr, Crakenthorpe of the Popes temporall Monarchy, c. 2. p…ge 13…. to 25…. Becauſe no Ki…g nor Prince can give away the Kingdome, which is the Common-wealths, and all the Noblemen of France there preſent, begun to cry with one voyce, 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 yeare of Edward the third,zzRo, P…rl. An. 40, L, 3. nu, …. VponUpon full deliberation the Prelates, Dukes, Earles, 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 owne Oath at his Coronation And beſides this, the Dukes, Earles 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… conſtraine the King or his ſubiects to performe this (as it is ſaid hee will) theſe parties wi… reſiſt wi… all their puiſſance So that by the Reſolution of this whole Parliament, the King cannot grant away his whole Kingdome, without his p…oples conſent, in Parli…ment, and by the ſelfe ſame reaſon not any part, parceil, Towne, or Fort thereto belongi…g th…y p. 5being the Kingdomes, not the Kings owne right. The Civilians of forraign parts diſputing of the pretended Donation of Conſtantine the great of Rome, Italy, and Supreame juriſdiction there, to the Pope, reſolve thisaaSee Doctor Crakenthorps 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 hee ſweares, bbMat. 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 keepe inviolable the Rights of his Kingdome, and the honour of his imperiall Crowne. By vertue of which Oath, they hold the Emperour ſtrictly obliged in duty both to God and the Empire, to take to themſelves, not onelyonly all thoſe large and faire Territories, which the Pope hath taken, either by force or fraud inv…ded; decking himſelfe with the Eagles plumes; but ſpecially they ought to reſume that Dominion in thoſe very Lands which the Pope now challengeth as his owne, by force of this forged grant. ccIn Pro… mi… Feud. nu. 32, 33.Baldus a learned Civilian writes: That the Doctors of the Law determine, That Conſtantines pretended Donation neither is nor poſſibly can be of force, to paſſe away, either the propriety or ſupreame Dominion in theſe Territories, or the Imperiall juriſdiction over them. For to ſay that the Emperour would by his Donation mutilate, or cut away the Members of the Empire is a kinde of folly. ddIn Rubric. … verbo oblig…t.Arctine not onelyonly aſſents to Baldus, but much commends his judgment therein, Baldus (ſaith he) doth elegently teach, that the Emperour cannot give away any quotient, neither a third, nor 4^th. part, nor halfe of his Empire. Whereby Baldus meanes, that the Empire being an intire and univerſall power, the Emperour by giving ought, ceaſeth not to be univerſall Lord of all belonging to the Empire. eeCol. 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 Emperour. Yea, though the Emperour ſhould ſweare, that hee would not revoke ſuch Royalties as were alienated to the preiudice of his Crowne and Dignity, yet notwithſtanding this his Oath hee might recall ſuch alienations, becauſe the Emperour ſweares at his Coronation, to keepe ſafe the honours and rights of his Kingdome: …ut by alienating his demaines and Territories, he doth not preſerve but impaire the Imperiall Rights. ffDe … 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 Conſtantines Donation could be of force to pre…udice his Succeſſors, Accu…ſtus p. 8duplicate page p. 5duplicate page p. 8duplicate page p. 5duplicate page p. 16holds it could not, ſo doth John de Pariſiis, And he gives this reaſon thereof: Becauſe none deputed to an office, may do ought againſt his own office. But it is againſt the office deputed to the Emperour, to impaire 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 publique good, and the end why the Empire is ordained; Whereupon I doe 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 ſhew the concurrence of the Civill 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 apparant;Deduction… from hence. 1. that the caſe of Sir Iohn Hotham, and the Towne of Hull, was not rightly ſtated by His Majeſtie 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 Towne 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 Moneyes. When as many, or moſt of the Armes there, were againſt law, violently taken away from the ſubjects in Eſſex, and other Counties (who bought them with their own Moneyes) without paying any conſideration for them, and the other was purchaſed with the ggSee 1 Eliz. c. 19. 1 Iacobi. c. 33,Kingdomes Money, with which his Majeſtie was but intruſted which any of his ſubjects have to their Money, Plate, or Jewells, and therefore that they ought not to be diſpoſed without his conſent, no more then the houſe, Land, Money, Plate or Jewells 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 referre you

Secondly, That the King having no intereſt in Hull, p. 17or the Magazine there, but only as King and the publique Miniſter o… the Kingdome, for the Kingdomes uſe and benefit, and the preſervation of its ſecurity and peace, it is and was lawfull, for the whole Kingdome aſſembled in Parliament, (upon probable grounds and Informations and proofes that his Majeſtie ſeduced by ſome pernitious Enemies to the Kingdomes tranquility, intended to ſeize upon this I owne and Magazine by ſurpriſe, thereby to let in forraigne forces, and raiſe a Civill-warre againſt the Parliament and Kingdom to the diſturbance of the publique peace and hazard of the Realmes of England and Ireland, and contrary to the publique truſt repoſed in him, (the breach whereof doth in ſome ſort determine it for the preſent) to turne thoſe Arms and Ammunitions provided for his ſubjects 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 Kingdomes 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, imployed in this ſervice. Neither is this any new caſe, for both in the well knownehhSee Mathew Paris, Holinſheed, Speed, Graſton and others, in the lives of King Iohn, Henry 3. Ed. 2. Rich. ſecond. Barons Warrs in this Realme, and late ſtirs in Scotland, the Barons and Scots ſeiſed upon the Kings Townes, Caſtles and Ammunition, for the ſecurity and peace of theſe ſeverall Kingdomes, without any danger or charge of Treaſon. And if it were no Treaſon in the Scots within theſe two yeares to ſeize upon all or moſt of His Majeſties Townes, Forts, Magazines and Ammunition in Scotland, and on New-caſtle in England, for the common peace and ſafety of their Kingdome and prevention of Civill-warrs,iiSee 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 Majeſtie and the Parliaments both of Scotland and England have reſolved, why ſhould it be Treaſon or Felony in the Parliament or Sir Iohn Hotham their Agent, peaceably to poſſeſſe themſelves of the Towne and Magazine of Hull, for the ſafety of the Realme the prevention of Civill-warres and preſervation of the publique peace, when as they keep…, them onelyonly for his Majeſties and the …ingdomes uſe and are ready to redeliver them into his Majeſties actuall poſſeſsion, p. 18if they may be ſecured: that they may not be miſimployed againſt them. If a Conſtable or any other perſon breake into another mans houſe and take away his ſword and …, and arreſt him to preſerve the peace and prevent murther, he may by the common Law …uſtifie this Act, and detaine the others weapons till the fray be over, and the peace ſecured; Yea, if a man ſhould detaine his Majeſties ſword or Piſtoll from him, in caſe he intended cauſeleſly or unjuſtly to murther any of his ſubjects with it, till his wrath were paſt, I preſume it would be neither Treaſon, Felony, nor any illegall miſdemeanor, much leſſe can it be any Treaſon, or offence in the Parliament, or Sir Iohn Hotham their Inſtrument, upon juſt ſuſpitions to poſſeſſe themſelves of the Towne and Magazine of Hull, in a peaceable manner, and to ſequeſter and detaine them from his Majeſtie for a ſeaſon, till they may have good aſſurance, that neither of them ſhall bee miſimployed, by the inſtigation of miſchievous Counſellors, to the hurt or deſtruction of the Kingdome, 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 Majeſtie puts it, yet then by his Majeſties Argument, every ſubject hath as good and firme an interreſt, and property in his owne goods, Lands, Houſes, as his Majeſtie hath in his Towne of Hull, or his Magazine. By what Law or Juſtice then hath his Majeſtie ſeiſed lately upon his ſubjects Armes and Magazines in divers Counties, bought with their own Moneys, for their own private, and the publique defence of the Realme againſt Theeves and Forraigne Enemies, and forceably taking them away without paying for them, and now imployed them in a Civill-warre, againſt Hull and his ſubjects? Doubtleſſe the Parliament may with farre more juſtice and equity, ſeize upon the publique Magazine of the Kingdome, and Hull (a frontire Towne well fortified) for the ſecurity of the Realme, and prevention of Civill-warres, then his Majeſtie ſeize upon his ſubjects Armes and Magazines of powder to make a Civill warre. And ſeeing the Armes at Hull were many of them violently and illegally p. 19taken 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 diſcerne.

Fourthly, In caſes tending to the common good and ſafety, even by the common Law of the Land, a man may lawfully commit a treſpaſſe, and do an injury to another mans Lands, Houſes, and Inheritance without crime and offence: if an enemy invade the Realme, a…y ll8 P. …. 23. Br. Cuſtone, 145.Generall Captain or ſubject to reſiſt them may lawfully enter into any other mans Land, and there dig Trenches build Forts and Sconces (if they be neceſſary) to reſiſt the Enemie: mm29 H. 8. Dyer. 36. 6. Br. Treſpas, 406.Yea, he may enter into any of the Kings Forts and Townes which are onelyonly for the publique good (as the experience of all ages teſtifie) without any previous ſpeciall Licence▪ yea fortifie and defend them: becauſe it tends to the ſafety of the Realme and common good to which all privat intereſts, and much more the Kings publique in ſuch caſes muſt give place. Upon this reaſon it is agreed in ournn…3, H. 8. 16. 9 E. …. 35b. Br. Treſpas 406. Law-bookes, That fa…lowne or City be beſieged, or indanger to be beleagured by an enemy, and the Suburbs may endanger the taking thereof by yeelding harbor, or a convenient battry to them, The inhabitants or Souldiers within the Walls, may lawfully burne or deſtroy the Suburbs for the Townes or Cities preſervation, and the common ſafety. Nay, if an houſe be on fire in a Towne, men may iuſtifie the pulling downe thereof, and of the next adjoyning houſes if there be cauſe, to prevent the burning of the whole Towne, it being for the Common good: Yea,oo8 E. 4. 1…. Fi…z. Barr. 93. Fiſhers at Sea may iuſtifie their going on other mens ground adjoyning to the Sea, becauſe their fiſhing is for the common profit of the whole Realme. 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 Kingdome in Parliament ſeize upon Hull and the Magazine there for a ſeaſon (being the Common-wealths, and the Kings onelyonly in right of, and for the ſervice of the Kingdome) for the publique peace and ſafety, and the prevention of Civill-warres, without any danger of treſpaſſe, much leſſe of Treaſon, in making p. 20Sir Iohn Hotham their Agent in this Service: They having a common intereſt therein, ſince Souldiers, Citizens; and other private perſons may lawfully raiſe Forts and Trenches on others grounds, or pull down any houſes and ſuburbs for the publique good, though they have no particular intereſt in their lands or houſes, but onelyonly a temporary common intereſt upon theſe publique occaſions.

The fourth PROPOSITION.

THe fourth Propoſition is this. That in all doubtfull caſes of Treaſon, not within the expreſſe Letter and words of 25 E. 3. Parl. 5. c. 3. neither the King himſelfe, nor his Iudges, but the Parliament, and King in Parliament, (if hee will be there) ought to declare and determine what act is Treaſon, and what not.

This is cleare by theſe expreſſe 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 Iuſtices, the Iuſtices ſhall …arry without any going to judgement of the Treaſon, … the cauſe be ſhewed 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 affirmes, 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 (unleſſe by ſpeciall 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 Majeſtie alone, nor yet accompanied with his privy Counſell or Iudges, hath any legall power or right at all to declare or determine what is Treaſon and what not, or to declare or adjudge any particular p. 21Act to be Treaſon, unleſſe it be clearely within the expreſſe Letter of 25 E. 3, c. 3. Therefore his Majeſties own privateppSee his Majeſties Anſwer to the Declaration May 4. 1642 P 3. 10. 11. Declaration of Sir Iohn Hothams Act (in ſeiſing the Towne and Magazine of Hull, and his refuſall to admit his Majeſtie into the Town when he came to diſpoſſeſſe him of it) to be Treaſon, being out of the Letter of the 25. Ed. 3. and his proclaiming of him to be a Traytour, muſt neceſſarily be both void and illegall.

Secondly, The Kings 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 ought to declare and determine what is Treaſon, and what is not, in any caſes out of the very Letter of 25. E. 3. but ought to reſert to the Parliament and receive a reſolution from them whether it be Treaſon or not. So are the expreſſe words of this Act of 25. E. 3. and others ſince. If then the Judges are thus to be reſolved by the Parliament onelyonly, what is Treaſon and what not, then there is no reaſon or ſence, 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 Iohn …othams Act not to be Treaſon, without conſulting firſt with the Iudges 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 Appeale to them for juſtice againſt Sir Iohn Hotham as a Traytour, for not admitting him into Hull, and upon Sir Iohn Hot…ams Letter to them, relating the truth of his whole carriage to the King in this cauſe, have acquitted Sir John Hotham, andqqSee 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 Kingdome and prevention of a Civill-warre. Since then the whole Parliament, the onelyonly proper Judges of Treaſon, upon the Kings and Sir Iohn Hothams ſeverall p. 22appeales to them, have both voted and reſolved Sir Iohn Hothams Act to be no Treaſon, nor Crime, nor he to be any Delinquent, neither the King himſelfe (who oft profeſſeth in his late Declarations to rule and governe all his people onelyonly according to the Laws of the Realme according to his Oath) nor his Counſell, 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 Traytour or Offender. Let all of them, and the whole Kingdome both for the preſent and future, reſt fully ſatisfied, and concluded by the …arliaments Votes and Reſolutions: whom our Lawes declare, to be the onelyonly proper Judges of this cauſe pretended to be Treaſon, and ſo Sir Iohn Hotham muſt go ſcot-free.

Having thus paſſed through theſe foure Propoſitions, and the Deductions from them, I ſhall now draw towards a concluſion of this Diſcourſe.

Sir Iohn Hothams caſe and Pulls truly ſtated and debated.

The onelyonly, if not principall pretence of his Majeſties late rayſing an Army in the North, and of a moſt ſad and unſeaſonable Civill-warre (which if proceeded in, may ſoone prove deſtructive to all his Majeſties three Kingdomes) is Sir Iohn Hothams ſeiſing on the Towne of Hull, and the Magazine there by Order from the Parliament, for the peace and ſecurity of the Realme, and his denying his Majeſtie entrance into the Towne, when he came to take poſſeſſion of it: Which Acts his Majeſtie hath in his Proclamations and Declarations, declared and proclaimed to all his ſubjects to be no leſſe then high Treaſon, and Sir Iohn …otham to be a notorious Traytour.

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 cleere as the Noone-day Sunne, that they are no Treaſon.

That his taking poſſeſſion of this Towne and Magazine is no Treaſon, no nor yet ſo much as a Treſpaſſe or offence in point of Law, I have ſufficiently demonſtrated in therrPropoſition third …e…uction 2. 4. and elſewhere. premiſes. Whether his denying his Majeſtie p. 23to 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.

ſſSee the Declaration and Votes of the Houſe in Sir Iohn Hothams caſe, which they there truly ſtate, Aprill 28. 1642.Sir Iohn Hotham by Order of both Houſes of Parliament was enjoyned to keep poſſeſſion of the Towne and Magazine at Hull, for the prevention of Civill-warres, and preſervation of the peace and ſafety of the Realme (which ſome malignant Spirits adviſed his Majeſtie to ſeize on, and turne againſt the Kingdome) and not to deliver them up to any whatſoever, without their ſpeciall Order.

The King on the 23 of Aprill rode to Hull, attended with about 400. Horſe, (the Duke of Yorke and Prince Elector, being at that inſtant royally entertained by Sir Iohn Hotham in the Towne, who came thither the day before) and required Sir John Hotham to deliver up the Town into his hands. Who perceiving his Majeſtie to be accompanied with ſuch force as might have maſtered the Gariſon of the Towne, and having received Intelligence of an intention to deprive him of his life, if the King were admitted, informed his Majeſtie, 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 Majeſtie to give him leave to ſend to the Parliament to acquaint them with his Majeſties commands, and to receive their directions thereupon; which hee would do with all expedition. His Majeſtie rejecting this Anſwer, preſently cauſed him and his Officers to be proclaimed Traytors before the Towne Walls, and diſpatched a Meſſage to both Houſes, charging Sir Iohn 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 Aprill 1642. reſolved upon the Question.

That Sir Iohn Hotham according to his Relation, had done nothing but in obedience to both houſes of Parliament. That this declaring Sir John Hotham Traytor, being a Member of the houſe of Commons, is an high Breach of Priviledge, and being done without proceſſe of Law, is againſt the liberty of the ſubiect, and the Law of the Land.

p. 24This being the true ſtate of the caſe; I ſhall clearely manifeſt by the Law of the Land, this Act of Sir Iohn Hothams to be no Treaſon, and he no Traytor.

It is irrefragably evident by the Statutes of 1 E. 6. c. 12. and 1 Mariae 1. Seſſion Raſtall 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 then will be, Whether this caſe be within the very Letter of 25. E. 3? Certainely there is not one ſyllable in this Act which concernes this caſe. The King pretends it is within theſe words, If any man do levy Warre againſt our Soveraign Lord the King in his Realme, 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 onelyonly paſſive & defenſive not active, he only denyed his Majeſtie the poſſeſſion of the Town by order from Parliament, to prevent warre and preſerve peace and if he be a Traytor, the whole Parliament muſt be much more Traytors who put him upon this ſervice, Qui… plus peccat Author quam Actor, as our Law determines. Therefore this neither is, nor can be any leavying of Warre againſt the King, or Treaſon within this clauſe: This is moſt apparant by the Statute of 5. and 6. Ed. 6. c. 11. Which becauſe the detaining of the Kings 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 Iune Rebelliouſly (marke the word) do detaine keepe or with-hold from our Soveraign Lord his heires and ſucceſſors, any of his or their Caſtles, Fortreſſes, or holds within this Realme or any other the Kings Dominions or Marches: Or Rebelliouſly keepe detaine or with-hold from his ſaid highneſſe his he…res or ſucceſſors any of his or their Ships, Ordinances, Artillery or other Ammunitions or Fortifications of Warre, and do not obediently render and give up unto our ſaid Soveraign Lord, his heires or ſucceſſors or ſuch perſons as ſhall bee deputed by them, ſuch Caſtles, Fortreſſes, Fortileſſes. Holds, Ships, Ordinances, Artillery, or other Munitions, or Fortifications of Warre, rebelliouſly kept or detained within ſix dayes nex p. 25after they ſhall be commanded by our ſaid Soveraigne Lord his …eires or Succeſſors, by open Proclamation under the great Seale, 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 Abbettors, &c. Being lawfully convicted of the Rebelliouſly keeping or detaining thereof according to the Lawes and Statutes of this Realme, ſhall be adjudged Traytors, and ſhall ſuffer paines 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 Kings Caſtles, Forts, &c. Treaſon, But yet with theſe three Limitations.

Firſt, that they muſt be Rebelliouſly kept and with-held; which Hull was not, but onelyonly by Order of Parliament for the Kingdomes peace and ſafety.

Secondly, that they muſt be …etained ſix dayes at leaſt, after command to ſurrender them: But the King proclamed Sir Iohn Hotham a Traytour for not delivering up Hull the ſame day and houre he demanded it, without giving him any reſpite, which is contrary to this Act.

Thirdly, There muſt be a Proclamation under the great Seale 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 Iohn 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 Majeſtie) as all Judges and Lawyers reſolve, was totally repealed by the ſtatute of 1 Mariae. R…ſtall Treaſon 20. (which expreſly repeales 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 onelyonly 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 p. 26in 14. Eliz. was enforced to make a ſpeciall Law (which was to endure only among the Queenes l…fe, as appeares by the … in it) whereby they enact, that if any perſon or perſons … diſcover, do unlawfully … or t…eir owne Authority, (which is none of Sir Iohn Hothams caſe, who did nothing but by order of Parliament) compaſſe, imagine, conſpire, or adviſe, … wayes or meanes wit: fo…ce or craft &c. Maliciouſly or Rebel…iouſly (which he did not but by authority of Parliament) to take, detaine, or keepe from the Queene, any of her Caſtles, Towers, Fortreſſes, or holds, &c. And do adviſedly by any expreſſe 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 Lawes of the Realme, ſhall be adjudged a Felon … Felons, and ſuffer paines 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 Iohn Hothams caſe, who did all by the Parliaments command) detaine, keepe or with hold from the Queenes Majeſtie any of her Caſtles, Towers, Fortreſſes, or holds within the Realme, or any of her Dominions or Countries, or Marches of the ſame, or do Maliciouſly and Rebelliouſly or with force detaine, keepe or with-hold from her Maieſtie any of her Ships, Ordnance, Artillery, or other Munitions or Fortifications of Warrs, and do not render and give up the ſame to our Soveraigne Lady, or ſuch perſons as her Majeſtie ſhall appoint to receive the ſame to her uſe within ſix dayes next after he or they ſo offending, ſhall be commanded by our Soveraigne Lady the Queene, by open Proclamation under the great Seal of England, to be made in any place or Market Towne within the County where any ſuch offence ſhall be committed, &c that then every perſon or perſons ſo offending, their Ayders Counſellors and Abbetters, being thereof Lawfully convict according to the Lawes of the Realme ſhall have and ſuffer ſuch paines of death, and alſo ſhall forfeit and loſe, as in caſes of high Treaſon limitted and acuſtomed,

By this expired Act, which was to continue onelyonly during the Queenes life it is evident.

Firſt, that this detaining of the Kings Caſtles, Forts, Ships and Ammunition, is no Treaſon within 25. 6. 3. p. 27(for then this Law had beene idle and ſuperfluous, eſpecially being to continue, but during the Queenes life) and ſo there can be no Treaſon at this day in Sir Iohn …othams Act.

Secondly, That no detaining or with-holding of ſuch Caſtles, Forts, Ships and Ammunition is Treaſon within theſe particular acts, but that which is done maliciouſly and Rebelliouſly and continued ſix dayes after a Proclamation under the great Seale, and proclamed in the Cou…ty, to deliver them up unto the Queene, or her ſubſtitutes for her uſe. Now Sir Iohn Hotham detained Hull, and denyed his Majeſtie to ſeize and enter it, not Maliciouſly and Rebelliouſly, but in obedience to the Parliaments command, which intruſted him to keepe it for the preſent both for the King and Kingdomes uſe, for the prevention of Civill-warres and danger to the Realme, and the excluding of forraigne forces which might be landed there, neither did his Majeſtie make any Proclamation under his great Seale, or give him ſix dayes 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 leſſe within 25. E. 3. which extends not to this caſe. And ſo his Majeſtie was utterly miſtaken in the Law, in proclaming Sir Iohn Hotham Traytour, and declaring this act of his to be Treaſon, of his owne head, without conſulting with his Judges or Councell learned in the Lawes, who would queſtionleſſe have informed him; That this Act of his is now neither Treaſon nor Felony by the Law, had he done it of his owne voluntary accord much leſſe ſeeing he did it onelyonly by the Parliaments direction and command, as their Servant for the common ſafety of the Realme, excluſions of forraigne forces and Artillery and prevention of an intended Civill-warre, without any thought of the leaſt diſobedience or diſloyalty to his Majeſtie into whoſe poſſeſſion he declared he was and is ever ready to ſurrender up the Towne, as ſoone as the Parliament ſhall command him. In a word the Scot… late ſeizing upon all his Majeſties Townes Caſtles in Scotland, and on New caſtle here, and detaining them againſt him p. 28after demands, hath by his Majeſtie and both Kingdomes in Parliament beene tacitly if not expreſly reſolved and declared to be no Treaſon, being done for the publique peace and ſafety of the whole Realme of Scotland and England. Therefore much more muſt Sir Iohn Hothams ſeiſing but of Hull one ſingle Towne, and his detaining it for a ſeaſon onelyonly for his Majeſties and the Kingdomes uſe, and the peace and ſafety of the whole Kingdome, and that by the Parliaments expreſſe command as their Inſtrument, be adjudged no Treaſon, Felony, no nor Miſdemeanor. And ſince both Houſes of Parliament the only proper Judges of Treaſon, to whom both the King & Sir Iohn 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 diſcerne, how by any Law, his Majeſtie, or his Malignant Counſellors, can poſſibly faſten any charge of Treaſon, Felony, or Miſdemeanour, on Sir Iohn; but muſt all conclude him to be an innocent Noble and weldeſerving Gentleman, for ſo faithfully and couragiouſly diſcharging the truſt repoſed in him by the Parliament for the whole Kingdomes peace and ſecurity, and his Majeſties ſafety too. As for his late drowning of the Country about Hull, to the ſpoile of much Graſle, Corne, and great prejudice of particular men, with which his Majeſtie chargeth him in his laſt Letter to the Houſes, it is onelyonly for the better preſervation and defence of Hull for the common ſafety, and therefore he may by Law juſtifie this Act, even as men in times of Warre may juſtifie the burning or demoliſhing of a Suburb for the whole Cities ſafety, and the making of Eorts and Trenches in another mans ground, for to reſiſt an invading Enemy. Which I have formerly proved Lawfull by our Lawbookes. Moreover, this drowning was through his Majeſties owne occaſion (on whom the blame muſt originally reſt) who came to beſeige Sir Iohn Hotham as a Traytour, and take Hull out of his cuſtody, (contrary to the truſt repoſed in him by the Parliament) by force of Armes with an Army of Horſe and Foote, to the open p. 29violation of the Kingdomes peace, the endangering of the whole Realme and Parliament, againſt whom this warre is principally raiſed and intended, under pretext of being avenged of Sir Iohn 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 onelyonly for the King and Kingdomes uſe, till it may without danger to the Realme, by Order of Parliament be rendred up into his Majeſties actuall poſſeſſion, who hath no particular Right or Title to it, but onelyonly a generall as the Kingdomes Servant and truſtee for the peoples ſafety, which is now endangered through his Majeſties liſtening to evill Counſellours; Who whiſper to him in private, and have engaged him in a Civill-warre againſt his Parliament and people, and not hearkening to his Parliament, the Graund Counſell both of King and Kingdome, whoſe publique impartiall advice, his Royall Progenitors have alwayes moſt highly eſteemed, and followed; and thereby made themſelves great and honourable, and the Kingdome happy.

The Concluſion.

I ſhall now winde up all in a few words, I ſuppoſe I have made it moſt apparently evident to every indifferent mans judgement that Sir Iohn Hothams forecited Actions (with which his Majeſtie is ſo much incenſed) are neither Treaſon nor Felony by the Laws of the Land, (by which his Maieſtie hath oft lately proteſted to rule, and be guided, thettSee Stephen Gardiners Letter to the Lord Protector. Fox Acts and Monuments firſt Edition p. 741. b. where he affirmes (that he being Ambaſſador to Henry the 8. in the Empeperours Court, did there in a caſe of Iewells defend and maintaine by commandement of the King) that the Kings of this Realme were not above the orders of their Lawes. Kings of England by their Coronation Oaths being ſubject to their Lawet, not their Lawes to them) and by the Parliaments Reſolution, not ſo much as a Miſdemeanour or offence, but a lawfull act done by the expreſſe commands for the publique peace and ſafety of the Realme and prevention of a Civill warre. I appeale then to his Majeſtie, to every Engliſh mans or other Subjects Conſcience, and adviſe them all in the preſence of God p. 30(as they will anſwer the contrary at the great approaching day of Judgement) ſeriouſly to conſider, and then reſolve within their breſts; whether theſe inoffenſive Acts of Sir Iohn 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 publique payments, With voluntary contributions and much d…acted and divided in it ſelfe) to raiſe an unnaturally bloody civill warre againſt Hull, and in it againſt the Parliament and Kingdome, by which the King and his Par…iſons will be by degrees ſo farre ingaged againſt the Parliament and his Kingdome, and they by way of juſt defence ſo farre engaged againſt the King and them (without Gods mercifull prevention) that we ſhall all now (after ſo long enjoyed peace) moſt unnaturally ſheath our ſwords in one anothers bowells, out one anothers throats, ſhed one anothers blood, burne, ſpoile, waſte, deſtroy and prey upon one anothers houſes Lands, Goods, poſſeſſions, make our whole Kingdome a very Field and Sea of Engliſh blood, and in concluſion (without Gods interpoſing mercy) utterly raine both our King Kingdome, Parliament Religion our ſelves and our poſterities and make our Land a Prey to Popiſh forraigne enemies, who now rejoyce at our Diviſions, (which they much foment) and thereby hope to ſurprize 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 Iohn …otham be no juſt cauſe or ground to warrant ſuch unnaturall, bloody, fatall deſtructive civill war, O let us not then once venture or preſume to take up Armes againſt our owne deare native Country which hath bred us, againſt the Parliament who ſit night and day, and ſpend both their Fortunes time and Spirits to redreſſe our grievances, prevent our immanent dangers, advance our happineſſe and proſperity and preſerve our long enjoyed Tranquilitie; againſt our deare loving brethren, kindred friends, and Countreymen, who never did us the leaſt injury, againſt p. 31our ſelves, our children, families, which a Civill-warre may quickly ruine, nor yet to countenance, juſtifie or ſide with thoſe unnaturall vipers, and unreaſonable …ottiſh Brutes who either maliciouſly or inconſiderately foment, and promote ſuch an unnaturall impious cauſeleſſe civill warre. But let us all put forth our utmoſt beſt endeavours, and powre out our fervent prayers to God to prevent and ceaſe theſe civill combuſtions, to ayd and preſerve our deare Native Countrey, Kingdome, Religion, the Parliament our ſelves and our poſ…erity againſt theſe malignant Incendiaries, who ſeeke their utter deſtruction. O let no true bred Engliſh man or Chriſtian be ſo degenerous, ſo B…rbarous and brutiſh, as to become his owne, his deare brethrens poſterities, Countries, Kingdomes bloody Executioner, to do ſuch diſſervice to his Countrey in a few dayes or houres, which he ſhall with briniſh teares repent for over! I ſhall likewiſe humbly preſume to beſeech his Majeſtie upon the bended knees of my ſoule, moſt ſeriouſly to conſider all the Premiſes, and if upon perſual of them, there ſhall appeare no juſt or lawfull cauſe in point of conſcience and true Chriſtian (not Machivillian) policy, neceſſarily to enforce him to make a civil warre upon his Kingdome, onelyonly 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 treſpaſſe or Miſdameanor, that then he would be moſt graciouſly pleaſed according to his Oath, his Royall Duty, and many reiterated Proteſtations, to preſerve his people and Kingdome 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 unnaturall unſeaſonable, dangerous civill warre, to returne with ſpeed to London, and cloſe with his great and beſt Counſell, the Parliament, for the preſervation and preſent ayd of bleeding Ireland, the ſetling and compoſing of his peoples preſent feares and diſtractions, the effecting of of a perfect thorough Reformation and Union in Church and ſtate the redreſſe of all remayning grievances, the advancement of Truth of the flouriſhing eſtate of his three Kingdomes, and his owne Royall Honour, Revenues and p. 32Greatneſſe, which will eternally gaine his Majeſtie the ſervent Prayers, hearts, affections, purſes, and ready ſervice of all his Kingdomes and ſubiects together with immortall honour, whereas if he ſhall ſtill proceed in proſecution of this deſperate civill warre againſt his people, Kingdom, Parliament, the guilt of all his ſubjects innocent blood, which ſhall be ſhed in this unnaturall cauſeleſſe warr, will light heavy upon his conſcience, be required at his hands, and in concluſion both himſelfe, his Kingdomes and loyall people will be brought to the very extremity of miſery. If not to utter ruine after ſuch a long enjoyed flouriſhing peace both under his owne and his predeceſſors peaceably raignes. I ſhall conclude with that of the Poet.

uuSilius 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 Iudgements for our ſinnes, yet give us not over to the ſword, the forreſt of all thy Iudgements, an unnaturall bloody civill warre, but ſince thou art axxHeb. 19. 20 Rom 15 33.Rom 15:33 God of peace, and haſt promiſed,yyPſal. 29. 11.Ps 29:11 to give thy people the bleſſing of peace, (which we of this Land have now uninterruptedly enjoyed almoſt an hundred yeares together through thine extraordinary mercy) do thou out of thy ſuperaboundant goodneſſe continue andzzIſ…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 Majeſtie, with our owne conſciences, and one with an…ther (King with Parliament, Kingdome, and People and they with King) till Ieſus Chriſt theaaIſay. 9. 6.Isa 9:6 Prince of peace, his ſecond coming, who ſhall give all hisbbIſay. 51. 11. c. 61. 7.Isa 51:11 everlaſting peace and bliſſe in his coeleſtiall Kingdome. Amen, Amen.

FINIS.

End of the text · William Prynne, Sovereign Antidote to Prevent Appease (1642)