DIE Jovis, videlicet, 28 die Aprilis.
Earl of Danby versus Sir William St. Ravy.
This Day being appointed for hearing the Complaint
of the Earl of Danby, against Sir William Sant Ravie,
the Counsel for the Earl of Danby were called in, and
this House caused first the Petition and the Articles to
be read; which was done, as followeth: videlicet,
E. of Danby's Petition.
"To the Right Honourable the Lords now assembled in Parliament.
"The humble Petition of Henry Earl of Danby,
That whereas, by the Laws and Statutes of this
Realm, it is provided, That none should invent or
publish any false Tales, Lies, or such other false
Things, of any of the Peers, Great Men, or Great
Officers of this Realm, whereby Discord or Occasion
of Discord or Slander may grow betwixt the King and
His People, or any of His Nobles or other Great
Men of the Kingdom, or whereby any Discord or
Debate may arise between the Lords and Commons:
"Yet nevertheless one Sir William Sant Ravie, a
Frenchman, nothing regarding the good Laws of this
Nation, but rather in Contempt of the same, intending not only to make a Division and Discord between
His Majesty and your Petitioner, and to withdraw His
Majesty's good and gracious Affection from him (being
a Peer of this Realm of England and a Privy Counsellor to His Majesty), but also to make Debate and
Discord betwixt your Petitioner and divers of the
Commons of this Kingdom; to the great Damage of
your Petitioner, hath maliciously invented divers false
Tales and Slanders against your Petitioner, and hath
published the same, as well to His Majesty as to divers of the Commons of this Kingdom; and hath,
by divers Practices and illegal Ways used to others,
endeavoured to possess His Majesty and many of His
Majesty's good Subjects with a Belief thereof. The
Particulars whereof in several Articles hereunto annexed are set forth.
"Your Petitioner humbly prayeth, that he may
be admitted to prosecute this Cause against the
said Sir William Sant Ravie, before your
Lordships in Parliament, as well for the (fn. *) Reparation of your Petitioner's Honour, as the
Recovery of such Damages as your Lordships
in your honourable Wisdom and Justice shall
think fit to award; and that your Petitioner
may have Liberty to add unto the said annexed
Articles such further Charges as he shall be
advised; and that your Lordships will be pleased to call the said Sant Ravie to answer the
Premises before you; and that he may find
Sureties to stand to your Lordships Order
touching the same; and that such further
Proceedings may be had in this Business as
your Lordships shall think fit, to bring the
Cause to Hearing before your Lordships in a
"And your Petitioner shall ever pray, etc.
E. of Danby's Articles against Sir William St. Ravie.
"First, whereas a new Bailiwick was lately erected,
and annexed to the Forest of Whichwood, in the County of Oxon, by Patent under the Great Seal, declaring above Thirty Towns to be Part of the said Forest
more than were found at the last Justice Seat holden
for that Forest, which proved a great Grievance to
the Country, and was so complained of in Parliament; Sir William Sant Ravie, being (as is conceived)
the chief Actor in obtaining the said Patent, and procuring himself to be thereby constituted and made
Ranger of the said new Bailiwick during Life, did,
about Two Years last past, maliciously, falsely, and
scandalously, say and publish, that the Earl of Danby
was the Author and Occasion of that new Enlargement of the said Forest.
2. That the said Sir William Sant Ravie, having
procured himself the Rangership of that new Bailiwick (as is aforesaid), with the Charge of His Majesty's Red Deer there, in which Employment he behaved himself as an Officer of a Forest, but with
much more Severity, causing Men's Dogs to be killed, and their Guns to be taken from them, which
they had provided for the Defence of their Houses
only; forbidding them also, and not permitting them,
to chace the Deer out of their Corn; whereupon
some of the Country complaining that they reaped
not what they sowed, which tended to their Undoing,
the said Sant Ravie (endeavouring to transfer his own
Oppressions from himself unto the said Earl) did
thereupon, within One Year last past, maliciously,
falsely, and scandalously, publish and say, That it
was the Nobleman in the White House (pointing to
Cornbury, where the said Earl dwelleth) that would
undo them all.
"3. That the said Sant Ravie, within One Year last
past, discoursing about the Red Deer, the new Bailiwick, and the Destruction of the Corn in those Parts
(some Mention in that Discourse being made of the
Earl of Danby); the said Sant Ravie did, falsely,
maliciously, and scandalously, publish and say, That
the said Earl is no good Man, and that he doth not
love the King.
"4. That the said Sir William Sant Ravie, within
One Year last past, hath, maliciously, falsely, and
scandalously, said and published, That the said Earl
hath stolen and destroyed many of the King's Red
Deer, and hath maliciously countenanced others to
do the like; and the said Sant Ravie hath also, by
large Promises and Offers of Reward, and other indirect Practices, endeavoured to procure others falsely
to charge the said Earl therewith.
"5. That the said Sant Ravie, speaking in an Alehouse of the said Earl of Danby, within the Space
of One Year last past, published and said, That, if
his Lordship and he should go to Wars and fight, he
should be too hard for his Lordship; for, on yonder
Side of the Country, he should have Three to One
against him; the said Sant Ravie further saying, That
he was well beloved there, though they did not love
him on this Side of the Country; and he further
maliciously and scandalously said, That my Lord of
Danby did not love the King nor the Country."
Next the House caused Sir William Sant Ravie's Answer to be read; which accordingly was done, as followeth:
Sir William St. Ravie's Answer.
"To the Right Honourable the Lords assembled
"The Answer of Sir William Sant Ravie, Knight,
to the Petition and Articles preferred against
him by the Right Honourable Henry Earl of
Danby, in Obedience to an Order made by
the said Right Honourable the Lords in Parliament, bearing Date the 17th Day of this
"This Defendant saith, That true it is, that heretofore a Bailiwick, called The Bailiwick of the Honour
of Woodstocke, was, by His Majesty's Direction and
Letters Patents, declared, and the Custody thereof
granted by His Majesty, to the Right Honourable
Phillip Earl of Pembrooke and Mountgomery, under
whom this Defendant, by His Majesty's especial Appointment, and by virtue of the said Letters Patents,
was ordained Ranger: And whereas it is by the said
Articles set forth, that it is conceived that this Defendant was a chief Actor in obtaining the said Patent, it being thereby not expressed what Persons do
so conceive, and the Conceipt of any Persons whatsoever, in Case they had been expressed, being, as
this Defendant hopeth, not sufficient to charge this
Defendant, or to enforce him to answer thereunto;
this Defendant (as to that Part of the said Charge)
conceiveth it not material to be by him answered unto: Yet, to manifest any Truth within his Knowledge
to this Honourable Assembly, faith, That he did not
solicit or procure such a new Bailiwick to be made as
in the Articles is mentioned, nor himself to be made
Ranger thereof; nor could advise or direct the same
himself, being a Frenchman, and a Stranger born, and
yet ignorant of the Laws, Customs or Offices of this
Kingdom: But faith, That he verily believeth he was
designed for such Employment, and appointed thereunto by His Majesty's special Command, only for the
Preservation of His Majesty's Princely Pleasure and
Game in those Parts, within His Majesty's Forest of
Whichwood, and the Demesne Woods belonging to
His Majesty's Honour of Woodstocke, unto which His
Majesty's Right of Forest doth extend, as he verily
believeth: And this Defendant faith, That, to his
Remembrance, he did never say, that the Petitioner
was the Author and Occasion of the Enlargement of
the said Forest of Whichwood, as in the Article is
expressed; nor can this Deponent conceive that any
such Words could fall from this Defendant, that the
said Earl of Danby was the Author of the said Enlargement, this Defendant well knowing that the said
Enlargement (if any were) was made by virtue of
His Majesty's said Letters Patents: Howbeit this Defendant faith, That the said Forest Officers under the
said Earl extending as usually they did, and exercising the Forest Laws and pretended Customs thereof
beyond the ancient Perambulation Bounds of the said
Forest, and pretending a Right so to do, that this
Defendant might say, that their so doing was or might
be the Occasion that moved His Majesty to enquire
into, or consider of or concerning, the Enlargement
of the said Forest, or to that Effect.
"To the Second Article he faith, That he did never
kill, or cause to be killed, any Man's Dogs within
the Forest of Whichwood, or did take, or cause to be
taken, any Man's Guns (other than One Gun from
One of the Keepers of the Forest of Whichwood,
called Stephen Brice, which he did in Pursuance of a
Warrant from His Majesty, authorizing him, for the
Defence of the Game, to the doing thereof; and the
rather because the said Stephen Brice, in a menacing
Manner, offered to interrupt the Defendant, then
following Her Majesty's Hounds in Chace of a Deer,
which he, this Defendant, was, by His Majesty, warranted to chace, kill, and carry away; and, in like
Manner, One other Gun from one John Townesende,
being a Person of no Estate or Quality whatsoever, and
a common Deer-stealer, whom he seized upon as the
said Townesende was leveling at a great Stag, being
a marked Deer, and well known to His Majesty:)
And this Defendant denieth that he did ever forbid or
binder any Man to chace the Deer out of the Corn, as he
presumes the Country will be ready to witness for him,
if Occasion shall require. And whereas it is by the
said Article set forth, that, upon such pretended
killing of Dogs by this Defendant, and his forbidding
chasing of Deer out of Corn, some of the Country
complaining that they reaped not where they sowed,
which tended to their Undoing, this Defendant did
say, that it was the Nobleman in the White House
(pointing to Cornbury) that would undo them all, as
in the Article is expressed; he this Defendant denieth
that he did say the said Words in such Manner and
Form as in the Article is set forth: But this Defendant saith, That it may probably be, that, upon Complaint made to, or Discourse had with, this Defendant, by some Country Persons, Borderers to the said
Forest, of Harm done to their Corn Grounds by reason of the Store of Game supposed by them to be
within this Defendant's Charge; he this Defendant
might say, that the Game in his Charge were not like
to hurt the Country or Neighbours so much as the
Deer within his Lordship's Ordering and Command,
being a greater Store, were; or to that Effect, and
not otherwise, or to any other Intent.
"Furthermore, whereas it is charged, in the Third
Article, that, about a Year last past, the said Sir
William Sant Ravie, discoursing about the Red Deer,
and upon Mention made of the Right Honourable the
Earl of Danby, that he, this Defendant, should say,
that the Right Honourable the Earl of Danby was
no good Man, and that he did not love the King; he,
this Defendant, faith, That he did never say or mean,
by any Expressions by him made, that the said Earl
was not a Person of Honour and great Eminency;
nor did ever say or mean that the said Earl was disloyal
any Way towards His Majesty: But the said Words
being alledged by the said Article to have been spoken
by this Defendant upon Occasion of Discourse by him
had with others concerning His Majesty's Red Deer
in or near the said Forest, this Defendant saith, That
he being employed by His Majesty in those Parts, for
the Preservation of His Majesty's Game of Red Deer
there, and knowing likewise how tender His Majesty
was of (fn. *) preserving the said Game; he, this Defendant,
having, during his Abode in those Parts, received some
unkind Message from the said Earl, and having likewise been informed that his Lordship had killed, or
caused to be killed, some of His Majesty's said Game
of Red Deer; this Defendant discoursing about the
said Deer, and the said Earl, as by the Article is
alledged, might casually say, with Relation only to
such the said Earl's Usage of this Defendant, being
a Stranger in those Parts, and employed by His Majesty's especial Directions, and with Relation to such
Informations as this Defendant had concerning the
said Earl's killing of the said Game, being so precious to His Majesty, that the said Earl, in so doing,
was no good Man, or that he did not therein shew
any Love to the King, or to the like Effect, and in no
other Sense or Meaning: But more particularly this
Defendant cannot clear his Innocence, touching the
Premises, without the said Charge were reduced to
more Certainty of Time, Place, and Persons, when
and to whom such Discourse was applied; but he is
most sure that it was never in his Thoughts to speak
any such Words of any Person of Honour as the Petitioner is, in other Sense than as aforesaid is set forth
by this Defendant, or of any Man else that is a Subject
to His Majesty; nor doth this Defendant at all call to
Mind that any such Words at all were by him uttered.
"And where it is charged in the Fourth Article, that
he did say, that the said Earl of Danby should have
stolen and destroyed many of His Majesty's Red
Deer; for Answer thereunto he faith, That, in Pursuance of the Trust reposed in him by His Majesty,
for looking to the Red Deer in those Parts, he often
making Inquiry after the Red Deer by him found to
be missing, hath often heard and been told, that the
said Earl of Danby had killed, or caused to be killed,
some of His Majesty's Red Deer, which were fit for
His Majesty's Hunting; and thereupon this Defendant
might say, that it was rumoured and reported credibly, that the said Earl had destroyed some of His
Majesty's said Deer, or to that Effect, and not otherwise: But he utterly denieth that he ever countenanced any Man to say so of him the said Earl, or hath,
by Offers, Rewards, or otherwise, endeavoured to
procure others to charge the Right Honourable the
Earl of Danby therewith, as in the said Article is
"In Answer to the Fifth Article, he, this Defendant,
answereth and faith, That he doth not remember that
he was in any Alehouse in the County of Oxford
within the Space of One Year past; and further denieth that he, in any such Place, or any Place else,
did say that, if the Earl of Danby and he should go
to War and fight, he should be too hard for his
Lordship; but this Defendant, upon Discourses raised
touching the Hurt done to the Country by the Game
of Deer, as well under the said Earl's Command as
this Defendant's Charge there, and touching the
Boundaries of the said Forest of Whichwood, concerning the Certainty and Truth of which his Lordship and this Defendant, with divers others in the
County of Oxford, did differ in Opinion, might say
thereupon, that more Persons would be of this Defendant's Side or Opinion, concerning the said Matters,
than would be of his Lordship's; and this Defendant
denieth that he did ever say that the said Earl did not
love the King nor the Country, otherwise, or in any
other Sense, than as is before set forth in this Defendant's Answer to the former Articles, if at any
Time he did say the same, which he remembereth not.
"Lastly, this Defendant faith, That all the Matters
charged by the said Articles against this Defendant,
being but Words spoken, and upon Occasion only of
Discourse touching the King's Game of Deer in those
Parts, and upon no other Occasion, and no other
Matter whatsoever charged to have been acted or endeavoured by this Defendant unlawfully against his
Lordship; he humbly offereth it to the Consideration
of this Honourable House, that this Defendant, being
born in France, and there for the most Part educated,
hath little or no Knowledge in the English Tongue,
nor is able to express himself therein, unless it be
by Chance, according to his Meaning and Intention;
and that he is thereby subject to be misapprehended,
as well in his Expression as Meaning, without a favourable Construction of his Words and Intention;
which Imperfection of the Language of English, this
Defendant acknowledgeth to be so great in him, that
he is enforced to repeat his Expressions often touching
the same Thing, when he discourseth in English to
his nearest and most familiar Friends, before they apprehend him; whereby he is conscious how easily he
may be misconceived by others, and humbly leaveth
the Consideration thereof to this Honourable House.
All which Matters he, this Defendant, is ready to aver
and prove, according as this Honourable Assembly
shall think fit.
"Guilliame de Sanravy."
The Articles of the Plaintiff being read, and the
Answer of the Defendant being read; and Sir William
San Ravy neither appearing before this House by himself nor his Counsel, to make his further Defence; an
Affidavit of Ralph Nelson was read, "That he served
the Order of this House of the 31st of March last,
for hearing this Cause this Day, the 6th of April last,
on Sir William San Ravy, in the Minster-yard at Yorke,
and gave him a true Copy of the same."
Upon which this House proceeded to hear the Evidence of the Earl of Danby and his Counsel, to manage
the further Prosecution of the Business against Sir
William San Ravy; and, after a serious Consideration
of the whole Business, their Lordships gave this Judgement as follows: videlicet,
Judgement against Sir William San Ravie.
"Whereas, by the Laws and Statutes of this Realm,
it is provided, That no Man shall invent or publish
any false Lies or Slanders, against any Peers or Great
Officers of this Realm, whereby any Discord, or
Occasion of Discord or Slander, may grow or arise
between the King and His People, or any of His
Nobles, or between the Lords and Commons of this
Kingdom; yet nevertheless one Sir William San Ravy.
a Frenchman, being Ranger of a new Bailiwick in the
County of Oxon, lately erected and annexed to the
Forest of Whichwood in the said County, which hath
proved a very great Grievance to the Inhabitants of
that Part of the said County, and was complained
of in Parliament; the said Sir William San Ravy, endeavouring to take off all Blame and Oppression from
himself in the said Action, most falsely, maliciously,
and scandalously published, and at several Times and
Places said to divers of the said Inhabitants in the
County aforesaid, That the Right Honourable Henry
Earl of Danby (a Peer of this Realm) was the Author and Occasion of the said new Bailiwick or Enlargement of the said Forest of Whichwood aforesaid,
which was fully proved upon Oath; that he would
undo them all, and that he doth not love the King,
or his Country; which false, malicious, and scandalous Reports and Speeches coming to the Hearing of
the said Right Honourable the Earl of Danby, his
Lordship exhibited his Petition, and Articles thereunto
annexed, unto the Right Honourable the Lords now
assembled in the High Court of Parliament, against
the said Sir William San Ravy, before their Lordships, humbly desiring to be admitted to prosecute
his Cause against the said Sir William San Ravy, as
well for the Reparation of his Lordship's Honour, as
the Recovery of such Damages as the Wisdom, Honour, and Justice of this High Court should judge
and award: Whereupon the said Sir William San Ravy
(having a large and convenient Time given him) was
enjoined by the said Court to put in his Answer to the
Premises before their Lordships; and afterwards a Day
was prefixed for the Hearing of the same, and he warned
to attend accordingly: At which Time the Cause being
opened, and argued by Counsel at the Bar, and the
whole Matter afterwards thoroughly weighed, debated, and fully considered of by the whole House; the
said Lords in Parliament, for the said false, scandalous, and malicious Reports and Speeches of the said
Sir William San Ravy (which were all proved upon
Oath to be spoken) against the said Right Honourable the Earl of Danby, a Peer of this Realm of
England, and a Member of Parliament, do award
"1. That the said Sir William San Ravy, Knight,
shall be fined to our Sovereign Lord the King, in the
Sum of One Hundred Pounds.
"2. That he shall pay unto the said Earl of Danby,
by Way of Damages, the Sum of Five Hundred
"3. That he shall make a Submission here at the
Bar to the Judgement of this House against him.
"4. That he shall be imprisoned in The Fleet, during
the Pleasure of this House.
"5. And lastly, That the said Earl of Danby is, in
the Judgement of this House, free and clear of and
from all and every the Aspersions, Falsities, and untrue Reports and Speeches, uttered, divulged, and
given out by him against his Lordship, touching
and concerning the said new Bailiwick, mentioned and
expressed in the Petition and Articles aforesaid; and
this House, being very sensible and tender of the
Honour and good Name of the said Earl, being a
Member of their own Body, have further Ordered,
That this Order and Judgement shall, in the Face of
the whole County of Oxon aforesaid, be publicly and
openly read and divulged, at the next General Assizes
or Sessions to be held for that County, or at what
other Time the said Earl of Danby shall please; that,
his Lordship's Honour being vindicated amongst his
Neighbours in those Parts, none others shall presume
to commit the like Offences; which if any shall presume to do, this House will severely proceed against
them for the same, as shall be agreeable to Honour
E. of Holland, Constable of Windsor Castle, Leave to be absent, on Information of a Riot being apprehended in Windsor Park.
The Earl of Holland this Day informed this House,
That he lately received a Letter, advertising him, that
the People in Berkshire, adjoining to the Forest of
Windsor, have a Resolution speedily to come in a
tumultuous Manner, and pull down the Pales of the
Great Park at Windsor; for the Prevention of which
Disorders, and for the better discovering the Names
of the principal Actors herein, his Lordship desired
this House to give him Leave (he being Constable of
the Castle of Windsor) to go down thither, and to offer
the Persons to the Consideration of this House;"
which Request this House granted his Lordship.
Message from the H. C. for the Lords to sit a while, as they have something to communicate about Hull.
A Message was brought from the House of Commons, by Oliver Cromwell, Esquire, and others:
To desire that their Lordships would please to sit a
convenient Time, for they do intend to bring something
up to their Lordships of Importance, concerning the
Town of Hull.
The Answer returned to this Message was:
That this House will sit this Afternoon, at Two of the
Message from the H. C. that they have also something to communicate about Kent.
A Message was brought from the House of Commons, by Oliver Cromwell, Esquire and others:
To desire that their Lordships would please to sit a
while, because they shall have some important Business
concerning Kent to impart to their Lordships.
The Answer returned to this Message was:
That their Lordships will sit a while, as is desired.
Message from the H. C. for a Conference on some Matters relative to the Kentish Petition.
A Message was brought from the House of Commons, by Sir Henry Vane, Junior, and others:
To desire a Conference, by a Committee of both
Houses, presently, if it may stand with their Lordships
Conveniency, touching some Informations they have received concerning some Proceedings in the Kentish Petition, much importing the Safety of the Kingdom.
The Answer returned to this Message was:
That their Lordships will give a Conference presently,
in the Painted Chamber.
Then this House was adjourned (fn. *) during Pleasure, and
the Lords went to the Conference; which being ended,
the House was resumed.
"The Lord Keeper reported the Effect of this Conference: "That the House of Commons have received
Information of a Meeting to be To-morrow at
Blackeheath, whither divers People intend to come
in Numbers, with their rejected Petition of Kente;
and there are Reports given out that they threaten to
shed Blood. The House of Commons, taking this
into Consideration, for preventing of Mischief as may
happen, desires their Lordships to join with them,
that Directions from both Houses may be given to
those that have Charge of the Militia of London, that
none be suffered to come in Numbers into the City
of London To-morrow, with Arms or Weapons."
Ordered, That this House agrees with the House of
Commons in the Matter of this last Conference.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in post meridiem
hujus instantis diei, videlicet, 28m diem Aprilis, 1642,
hora secunda, Dominis sic decernentibus.
Sir John Hotham to take up Ships at Hull, for sending away the Magazine.
Ordered, That Sir John Hotham, Knight, shall hereby have Power to take up such Ships at Hull as are fit
for the bringing away the Magazine at Hull to The
Tower of London, which are to be convoyed by the Two
Ships of the Fleet that are sent thither for that Purpose;
and that the Earl of Stamford shall have this Order
down to Hull with him.
Sir Thomas Lake arrested contrary to Order.
Ordered, That the Business of Sir Thomas Lake,
Knight, who hath been arrested contrary to the Order
of this House, is hereby referred to (fn. *) the Consideration of
the Committee for Privileges, who are to report their
Opinion to this House.
Herbert Finch, Queen's Sewer, arrested.
Ordered, That the Petition of Herbert Fynch, Sewer
to the Queen, complaining he hath been lately arrested,
contrary to the Privilege of Parliament, is hereby referred to the Consideration of the Committee for Privilege of Parliament; who are to report their Opinion to
Dowager Lady Delawar arrested.
Delinquents sent for.
Upon reading the Petition of Isabella, Baroness Dowager Della Warr, complaining, "That she hath been uncivilly used and arrested, and dragged out of her
Coach in London, contrary to the Privilege of Parliament, by Reade and Hawkes, Serjeants of the Mace, at
the Suit of one Mary Wakefeild, of London, Widow:"
It is Ordered, That the aforesaid Hawkes, Reade, and
Wakefeild, shall appear before this House, on Friday the
29th of April, 1642, to answer the said Offence; and, in
the mean Time, all Proceedings against the Lady Della
Warr, concerning this Suit, are to be stayed, until this
House gives further Directions therein.
Busby and Smith in Error.
This Day the Counsel argued the Errors assigned in
the Writ of Error for reversing of a Judgement given in
the Court of King's Bench, in the Case between Busby
and Smith; and, at the humble Request of the Judges,
it being a Matter of Consequence, it is Ordered, That
this Day Fortnight, in the Afternoon, there shall be another Argument made by the Counsel, concerning this
Business, at this Bar.
Message from the H. C. for a Conference about Hull.
A Message was brought from the House of Commons, by John Hotham, Esquire, and others:
To desire a present Conference, by a Committee of
both Houses, if it may stand with their Lordships Conveniency, touching the Business of Hull.
The Answer returned was:
That their Lordships will give a present Conference,
in the Painted Chamber, as is desired.
Message from the H. C. with the Subsidy Bill.
A Message was brought from the House of Commons, by Mr. Solicitor General, &c. who was commanded, by the House of Commons, to deliver to their
Lordships a Bill thus intituled, "A Subsidy granted to
the King, of Tonnage and Poundage, and other Sums
of Money, payable upon Merchandizes exported and
Hodie 1a et 2a
vice lecta est Billa, A Subsidy granted
to the King, of Tonnage and Poundage, and other
Sums of Money, payable upon Merchandizes exported
Ordered, To be committed to a Committee of the
Ordered, That the Earls of Bathon and Essex are
appointed to report the next Conference with the House
This House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended,
the House was resumed.
Conference reported, concerning
The Earl of Bathon reported the Effect of this Conference with the House of Commons; who desired their
Lordships Concurrence in these Particulars following:
A Declaration to the Kingdom.
"1. In a Declaration to be published to the Kingdom.
Instructions to the Committees at Hull.
"2. In some Instructions to be given to the Committees of both Houses that are to go to Hull.
An Order for them.
"3. In an Order to enable the said Committees in
Declaration to the Kingdom agreed to.
1. The Declaration was read, and considered of; and,
after some Debate, this House thought (fn. *) fit to make
some few Alterations therein; and it was Resolved,
upon the Question, That this House agrees with the
House of Commons in this Declaration now read, with
the Amendments and Additions.
Instructions for the Committees at Hull.
2. The Instructions were read, and debated, and some
Alterations made; and it is Ordered, That this (fn. †) House
agrees to these Instructions, with the Amendments now
Order for them.
3. The Order to enable the Committee was read,
and agreed to, as it came from the House of Commons.
Conference to be had about these.
Ordered, To have a Conference with the House
of Commons, to acquaint them with these Amendments.
A Message was sent to the House of Commons, by
Sir Edward Leech and Doctor Childe:
Message to the H. C. for this Conference.
To desire a Conference, by a Committee of both
Houses, so soon as it may stand with their Conveniency,
in the Painted Chamber, touching the late Conference
The Messengers return with this Answer:
That the House of Commons will give a present Conference, as is desired.
A Message was brought from the House of Commons, by Robert Reynolds, Esquire, and others:
Message from the H. C. for Expedition to the Propositions for the Sea Adventure for Ireland.
To desire that their Lordships would please to give
Expedition to the Propositions formerly brought up to
their Lordships, for setting forth Ships for the Service
of Ireland; the House of Commons being informed
that Sixty Commanders are landed in Ireland from
France, and more they doubt will come, except the Seas
be well guarded.
Committee for them to meet.
Ordered, That the Committee for the Propositions
for setting forth Seven Ships for Ireland shall meet Tomorrow Morning, at Eight of the Clock, in the Painted Chamber, and take the said Propositions into Consideration.
The Answer returned was:
Answer to the H. C.
That their Lordships will take the Propositions for
setting forth Seven Ships for Ireland into their speedy
The Lord Viscount Say & Seale is appointed to manage this next Conference.
The House of Commons being ready for the Conference; the House was adjourned during Pleasure, and
the Lords went to the Conference; which being ended,
the House was resumed.
Message from the H. C. that they agree to Amendments in the Declaration and the Instructions.
A Message was brought from the House of Commons, by Mr. Glynn and others:
To let their Lordships know, that they do agree to
the Declaration and Instructions, with the Amendments
and Alterations made by their Lordships.
To be printed.
Ordered, That the King's Printer shall forthwith
print the Declaration and Votes of both Houses of Parliament, concerning the Magazine at Hull; and the
Order of Assistance, given to the Committees of both
Houses, concerning their going to Hull; and this to be
a sufficient Warrant in that Behalf.
The Declaration follows, in hæc verba:
The Declaration of both Houses to the Kingdom.
"The Lords and Commons in Parliament, finding
just Cause to fear, not only the desperate Designs
of Papists and others of the malignant Party at
Home, but also the Malice of Enemies, incited by
them from Abroad, thought it necessary, for the
Safety of this Kingdom, to secure the Town of Kingston upon Hull, being One of the most considerable
Places for Strength, and affording the best Conveniency for landing of Foreign Forces, and where
a great Part of the Magazine of the Kingdom for that
Time was placed; and, for that End, appointed Sir
John Hotham, One of the Members of the House
of Commons, being a Gentleman of the same County,
of a considerable Fortune and approved Integrity,
to take upon him the Government of that Town,
and to draw thither some of the Trained Bands for
the Guard thereof; in which Apprehension, and Resolution thereupon taken, they are more confirmed,
by the Sight of some intercepted Letters of the
Lord Digby (a principal Person of that Party), written to the Queen and Sir Lewis Dyves, whereby that
Party discovered an Endeavour to persuade His Majesty to declare Himself, and retire into some Place
of Safety in this Kingdom, in Opposition to Ways
of Accommodation with His People, and to give the
better Opportunity to himself and other dangerous
Persons to resort thither, which could have no other
End but to incline His Majesty to take Arms against
His Parliament and good Subjects, and miserably to
embroil this Kingdom in Civil Wars.
"About which Time Captain Legg (a Man formerly
employed in the Practice of bringing up the Army
against the Parliament) had Direction, by Warrant,
produced by him, under the King's Hand and Sign
Manual, to enter Kingston upon Hull, and to draw
thither such of the Trained Bands as he should think
fit; and that the Earl of Newcastle came thither in
a suspicious Way, and under a feigned Name, and
did endeavour to possess himself of the said Town,
by virtue of the like Warrant and Authority.
"They further conceiving, that the Magazine there,
being of so great Importance to this Kingdom, would
be more secure in The Tower of London, did humbly
petition His Majesty to give His Consent the same
might be removed, which notwithstanding His Majesty did refuse; and thereupon some few ill-affected
Persons about the City of Yorke took upon them the
Presumption, in Opposition to the Desires, and in
Contempt of both Houses, to petition His Majesty
to continue the Magazine at Hull, alledging it to be
for the Safety of His Majesty (as if there could be
a greater Care in them of His Majesty's Royal
Person than in His Parliament); and His Majesty,
the next Day after the Delivery of that Petition,
being the Three and Twentieth of this Instant April,
took Occasion thereupon to go to the Town of Hull,
attended with about Four Hundred Horse (the Duke
of Yorke and the Prince Elector being gone thither
the Day before), and required Sir John Hotham to
deliver up the Town into His Hands; who, perceiving His Majesty to be accompanied with such
Force as might have mastered the Garrison of the
Town, and having received Intelligence of an Intention to deprive him of his Life in case the King
should be admitted, informed His Majesty of the
Trust reposed in him by both Houses of Parliament,
and that he could not, without Breach of that Trust,
let Him in; beseeching His Majesty to give him
Leave to send to the Parliament, to acquaint them
with His Majesty's Commands, and to receive their
Directions thereupon; which Answer His Majesty
was not pleased to accept of, but presently caused him
and his Officers to be proclaimed Traitors before the
Walls of the Town, and thereupon dispatched a Message to both Houses, therein charging Sir John Hotham
with High Treason, and aggravating his Offence, because he pretended the Parliament's Command, in the
mean while hindering him of all Means of Intelligence with the Parliament, for His Majesty immediately caused all Passages to be stopt between him
and them; and, in Pursuance of the same, One of
his Servants, who was sent by him with Letters to
the Parliament, to inform them of the Truth of those
Proceedings, was apprehended, his Letters taken
from him, and his Person detained, whereby (contrary to the common Liberty of every Subject) he
was not only deprived of Means to clear himself of
that heavy Accusation, but of all Ways of Intercourse, either to receive Directions from them that
trusted him, or to inform them what had happened.
"The Lords and Commons, finding the said Proceedings to be a high Violation of the Privileges of
Parliament, of which His Majesty had in several
Messages expressed Himself to be so tender, a great
Infringement of the Liberty of the Subject, and the
Law of the Land, which His Majesty had so often
lately professed should be the Rule to govern by, and
tending to the endangering of His Majesty's Person
and the Kingdom's Peace, thought fit, as well for
the Vindication of their own Rights and Privileges,
the Indemnity of that worthy Person employed by
them, as for the clearing of their own Proceedings,
to publish these ensuing Votes, which were made upon
a former Relation that came from the King:
Resolutions concerning Sir John Hotham.
"Resolved, upon the Question,
"That Sir John Hotham, Knight, according to this
Relation, hath done nothing but in Obedience to the
Command of both Houses of Parliament.
"That this declaring of Sir John Hotham Traitor,
being a Member of the House of Commons, is a
high Breach of the Privilege of Parliament.
"That this declaring of Sir John Hotham Traitor,
without due Process of Law, is against the Liberty
of the Subject, and against the Law of the Land.
"Next follow the Instructions: videlicet,
Instructions to the Committees of both Houses at Hull.
"It is this Day Ordered, by the Lords and Commons in Parliament, That the Earl of Stamford, the
Lord Willoughby of Parham, Sir Edward Aiscough,
Sir Christopher Wray, Knight, Sir Samuell Owfeild,
and Mr. Hatcher, shall forthwith repair unto the
County of Lyncolne, and from thence to Kingston upon
Hull, and (if there be Occasion) into any other Parts
of Yorkeshire, and pursue these Directions following:
"1. That, if any Forces are, or shall be, raised or
gathered, in the Counties of Yorke or Lyncolne,
either to force the Town of Hull, or to stop any of
the Passages to or from the same, or any other Way
to disturb the Peace of the Kingdom; then they, or
any Three of them, in the Name and by Authority
of both Houses of Parliament, shall require the Lord
Lieutenant, or in his Absence the Deputy Lieutenants
of either of the said Counties respectively, to suppress
and remove all such Force, and to free and keep
open all the Passages to Hull; and, in Performance
hereof, shall also require the Sheriffs, Justices of
Peace, and all others His Majesty's Officers and Subjects, in the Name of both Houses of Parliament, to
assist them, as oft as they shall see Cause.
"2. They shall thank Sir John Hotham, the Commanders and particular Soldiers under him, and such
of the Inhabitants of the Town as have observed the
Commands of the Houses of Parliament, and kept
the Town in Pursuance of the same, and shall give
them Encouragement to continue their Care and
Fidelity in this Service, conducing so much to the
Safety and Peace of this Kingdom.
"3. They shall from Time to Time certify the
Houses of all Occurrences, and shall all or any of
them return, as they shall see Occasion.
Order of Assistance to them.
"The Order of Assistance given to the Committees of both Houses, concerning their going to Hull.
"Whereas the Earl of Stamford, the Lord Willoughby
of Parham, Sir Edward Ayscough, Sir Christopher
Wraye, Sir Samuell Owfeild, and Mr. Hatcher, are,
by the Lords and Commons in Parliament assembled,
commanded to make their Repair into the Counties
of Yorke and Lyncolne, and the Town of Kingeston
upon Hull, for special Service for His Majesty and
the Peace and Safety of the Kingdom, and accordingly have received particular Instructions for their
better Direction therein; these are to require all
Lords Lieutenants, and their Deputies, Sheriffs,
Justices of the Peace, Mayors, Bailiffs, Constables,
and all other His Majesty's Officers and loving Subjects, to be aiding and assisting unto them upon all
Occasions, as Need shall require."
Adj. till 9a cras Aurora.