DIE Veneris, videlicet, 29 die Aprilis.
L. Lovelace Leave to be absent.
Ordered, That the Lord Lovelace hath Leave of this
House to go into the Country, to settle his Affairs, and
afterwards to return and attend this House.
Dr. Hacket's Petition; to be a Canon Residentiary in St. Paul's;
to be recommended for it.
Upon reading the Petition of John Hackett, Doctor
in Divinity, One of His Majesty's Chaplains, shewing,
"That he hath been Twice recommended, by His
Majesty's Letters, to a (fn. *) Canon Residentiary's Place
in the Church of St. Paul's, London, which is now
vacant:" It is Ordered, by the Lords in Parliament,
for the Reasons aforesaid, and for the Desert and Worth
of the said Doctor Hackett, That he be hereby specially
recommended to the Dean of the said Church, Mr.
Doctor Mountfort, Mr. Doctor Turner, the Residentiaries of the said Church, and all others that have Vote
in the said Election, that thereby he the said Doctor
Hackett may be elected into the said Place, now vacant as aforesaid.
A Message was brought from the House of Commons, by Sir John Evelyn, Knight, and others:
Message from the H. C. that they apprehend the late Affair at Hull to be owing to the Counsel of L. Digby;
and desire to know when they may demand Judgement against him upon his Impeachment;
To let their Lordships know, that the House of Commons, looking upon the late Business of Hull, do conceive it to proceed from the Effect of some former
Counsels of the Lord George Digby, and Letters sent to
the Queen and Sir Lewis Dyves from him, whom they
have impeached formerly of High Treason; and their
Lordships having sent out a Proclamation Writ, to summon him to appear at a certain Day, under a Pain of
Conviction; and it being now Six Weeks since, and
the said Lord George Digby not being come in, according to the said Proclamation, to render himself;
the House of Commons therefore desires their Lordships
would please to assign a Day, when they shall come up
to demand Judgement against the said George Lord
and about Fielder the Sheriff of Hampshire's Petition, for being molested at Portsmouth, in proclaiming the Writ for summoning L. Digby to appear.
2. The House of Commons sent up a Petition of
John Feilder, Esquire, now High Sheriff of the County
of Hampshire, some Particulars whereof concern the
Privileges of this House; which is, that the Sheriff of
Hampshire, proclaiming the Proclamation Writ at Portsmouth, for summoning the Lord George Digby to appear
before this House at a certain (fn. †) Time, to answer his
Accusation of High Treason, he was interrupted by
divers Persons in the said Service, and had reproachful
Speeches given him for the same.
All which the House of Commons offers to their
Lordships Consideration, to do therein as they shall
L. Digby's Business to be debated Tomorrow.
Hereupon this House Ordered, To take the Business concerning the Lord Digby into Debate To-morrow.
Delinquents from Portsmouth sent for, on Fielder's Complaint.
Ordered, That Mr. Winter, Deputy Mayor of
Portsmouth, Anthony Haberley, and John Triggs, shall
forthwith, upon Sight of this Order, repair to Westm.
and make their Appearance before the Lords in Parliament; and that John Feilder, Esquire, Sheriff of the
County of South'ton, shall, at their said Appearance,
produce his Witnesses for the making good of those
Things that are charged against (fn. †) them; and hereof all
Parties mentioned in this Order are to take Notice of
this, and make their Appearance accordingly.
The Answer returned to this Message was:
Answer to the H. C.
That their Lordships will appoint a Day speedily,
to consider of the Business concerning the Lord Digby;
and then they will (fn. *) give the House of Commons Notice of it. And touching the Petition of the Sheriff
of the County of South'ton; their Lordships have taken
Order that the Parties shall appear, to answer their
Offences, to this House.
Message from the H. C. with a Letter of Sir John Hotham's giving an Account of the Affair at Hull.
A Message was brought from the House of Commons, by John Hampden, Esquire, and others; who
presented to their Lordships Consideration a Letter,
directed to the Speaker of the House of Commons;
and, although there be no Hand subscribed, yet there
are many Members of the House of Commons that
know it to be Sir John Hotham's Hand-writing, and is
a true Narrative of the Business concerning Hull.
Which Letter this House commanded to be read, as
"I make no Question but you have heard in general of the Business which we have had at Hull;
you had received the Particulars before this, but that
all Ways have been stopped for the intercepting my
Letters: Two Posts I have sent Express, both which
are intercepted; the One, as I am informed, carried
Prisoner to Yorke. The Parliament hath, as you
well know, intrusted me with the safe keeping of
this Place; their Orders I have performed to the
best of my Understanding, and utmost Endeavours,
though with some Hazard of being misconceived by
His Majesty. If I have in any Thing misbehaved
myself, or not performed my Trust, I shall most willingly submit to their Censures; only this I must
make my most humble Request, if so it may seem
good to the Wisdom of Parliament, that I may have
from them a quick Resolution, in such Manner as
they shall find to be just. I perceive, by some Letters sent by His Majesty to this Town, that He
hath advertised the Parliament of this Action of mine,
(fn. †) and hath demanded Punishment against me. I
shall entreat the Parliament to take into Consideration under how deep an Accusation I lie, and how
unable I shall be to do them Service here, if this
receive not a speedy Resolution: The Manner I shall
faithfully (God willing) relate; it was thus:
"Upon Friday the Three and Twentieth of this
Instant April, an Alderman of Hull came to me, and
told me he was newly come from Yorke; and that
he was to give me Notice, that the Duke of Yorke,
the Prince Elector, and my Lord of Newport, would
that Night come to Hull, and stay only One Night,
next Day go back to Yorke. I could have well wished they had taken some other Time; but, being very
desirous to give all the Content I could (my Trust
always preserved), I gave Way to their Reception,
and had provided next Day at Dinner to have given
them the best Welcome I could; but late that Night,
I had some Cause of Suspicion that they meant not
to depart the next Day; whereupon I went to my
Lord Newport, who assured me confidently it was
not so, which a while satisfied me, till, about Nine a
Clock, the Duke, Prince, and the rest, being walking in the Fort called The South End, Sir Lewis
Dives comes in thither, and delivered me a Letter
from His Majesty, purporting that He intended to
visit His Town of Hull, and His Magazine there; that
I should provide for the Reception of Him and His
Train; doubted not of my Obedience, else He must
make His Way into His Town, according to the
Laws of the Land. This, I confess, put me to a
great Straight: On the one Side, being most extremely sorry to give His Majesty the least Cause of Offence; on the other Side, the Breach of a Trust being
in my Sense so horrid a Fact, as after that I should
not have wished to live. I then began to put to
gether Circumstances; First, why such a Journey,
at such a Time as this, should have been undertaken
by so great Personages; next, why it should be denied their Stay, when I had some Cause to suspect
it was resolved when they came; Thirdly, their Numbers coming with them, already received into the
Town; and lastly, the extreme urging of the Messenger, Sir Lewis Dives. I had received of those
that came along with them, whether of their Servants
or no I know not, Forty-five Persons; I well knew
of a Party practising by the Papists in Holderness
with some of the Town; His Majesty had in His
Train, to the best of all our Judgements, Three
Hundred Horse; I was advertised (but the Certainty
I know not) that Four Hundred Horse lay dispersed
further off: All these put me to a sudden Resolution to draw up the Bridges upon certain News of His
Majesty's approaching, having first sent out a Gentleman to His Majesty, humbly to intreat His Majesty
to forbear His coming to the Town at that Time, in
regard I might not, without a Breach of that Trust
committed to me, admit Him and His Train: This
Message met Him Three Miles off. Notwithstanding,
His Majesty came on to the Town Gates, and sent
for me thither. As I went, I met the Mayor and
some Townsmen assembled, to go to His Majesty to
the Gates, whom I commanded to keep their Houses,
which they accordingly did; and myself went to the
Town Wall next the Port. Being there, His Majesty demanded Entrance: I, in the most humble
Manner I was able to express myself, begged of His
Majesty, to take my Case into His Princely Consideration; that I had that Place delivered me under
that sacred Name of Trust; that I could not satisfy
Him at that Time without incurring to me and my
Posterity the odious Name of a Villain and Faithbreaker; that He would for that Time withdraw:
If my being in this Town gave Him the least Cause
of Offence, if He would give me Leave to advertise
the Parliament, I should get myself discharged never
to come there. But nothing I could say could give
any Satisfaction to His Majesty, who, as well as to
myself, endeavoured to persuade all my Captains and
Soldiers; but they were all of one Mind with me,
faithfully to perform a Trust. Some of His Majesty's Train, with great Earnestness, cried out to
kill me, and throw me over the Wall; and they were
not a few which did it. This, and some other Advertisements I had given of some Attempts to be
made upon my Person, which, though in itself not at
all considerable, yet at this Time, being that my
perishing by any sudden Attempt would have apparently hazarded the Loss of this Place, made me
enter upon a resolute Determination, to intreat His
Majesty at that Time to withdraw, and not to admit
of His Entrance (till I had advertised the Parliament
thereof) with any considerable Company; and also
being I saw with His Presence the Townsmen begin
to stagger, the Mayor, contrary to my Command,
being come to the Wall, and receiving from His
Majesty many gracious Words; the Conclusion was,
His Majesty, after Persuasions would not do it, caused
me and all that adhere to me to be proclaimed Traitors.
"Then He retired to a little House without the
Walls, and, after One Hour's Stay, returned, and
demanded again my Resolution: I made the same
Answer as before, and I think then (but I do not
well remember it) He demanded Entrance for Himself and Twenty Horse. But, in my Judgement (as
I well saw the State of Affairs stood), being fully
satisfied, that, if His Person were in but with Half
that Number, I was in no ways Master of the Town,
I intreated His Pardon in that. Soon after, He went
away, and lodged at Beverly, from whence He sent
next Day Two Heralds, to demand Entrance, to see
His Magazine; but I still intreated His Pardon,
Breach of Trust still sounding horrid in my Ears.
Upon Tuesday after, came one Savadge, a Knight,
and Mr. Cary, I know neither of their Christian
Names; they said, they were sent from the King,
to deliver a Letter to the Mayor, and demanded Entrance. I told them I would be responsible it should
be delivered; which I did: It contained a great
Length; the chief, as I remember, confirming us all
Traitors, Aggravations of my Offence, and that He
had advertised His Parliament of it, to have me punished according to my Demerits, with Command to
the Townsmen and Soldiers not to obey me, nor to
suffer the Magazines to be removed. The Sheriff,
as I hear, hath refused to levy the Posse Comitatus,
being, as it seems he conceives, against Law. All
the Gentry and Justices are, as I hear, sent for to
Yorke. His Majesty, at His being at the Walls,
told me, if I would not let him in, He would raise
the Trained Bands.
"Sir, as I was writing this, I received a Letter by
Mr. Askew, for which I must return my most humble
Thanks; and, God willing, they may rest most assured, that there shall not want my utmost Endeavour
faithfully to serve them in my Life and Fortunes.
I shall desire you will represent to them the absolute
Necessity of present Monies, in some good Proportion; the Necessity of the Affairs having constrained
me to call such other of the County in as, I was well
hopeful of, would be assured to me; though not
many, yet so as, if they please to take some Course
for the Seaward, I hope to give a good Account to
them of this Piece. I am sorry to write who were
the Men; many of those that were at the Parliament
Lords Lieutenants to issue Commissions to the Deputy Leutenants and Officers in the Militia.
Ordered, That the Lords Lieutenants of the several
Counties of England, and Dominion of Wales, are hereby commanded to give out Commissions to the Deputy
Lieutenants, Colonels, and Captains.
Report from the Committee, about Ships for Ireland.
"The Lord Wharton reported, "That the Committee
hath considered of the Propositions for setting forth
Six Ships, for the Service of Ireland, wherein the
Committee have thought fit to make some Amendments and Alterations, which they offer to the Consideration of this House."
The Amendments and Alterations were read; and
this House agreed to the said Propositions, with those
Amendments and Alterations.
vice lecta est Billa, A Subsidy granted to
the King, of Tonnage and Poundage, and other Sums
of Money, payable upon Merchandizes exported and imported.
And, being put to the Question, it was Resolved,
That this Bill shall pass as a Law.
Message to the H. C. that the Lords agree to the Ships being sent for the Service of Ireland;
A Message was sent to the House of Commons; by
Sir Edward Leech and Doctor Aylett:
To let them know, that this House agrees to the Propositions for setting forth Six Ships, for the Service of
Ireland, with the Alterations and Amendments.
and to transmit Lady St. John's Business to them.
Also to deliver to them the Petition of the Lady St.
Johns, and the Affidavits concerning that Business; and
to let them know, that, in regard the Parties offending
are Messengers of the House of Commons, executing
their Warrant, their Lordships do transfer the Business
to their Consideration and Proceedings.
A Petition of Mr. Attorney General was read, as followeth:
Attorney General's Petition, that he may be released.
"The humble Petition of Sir Edward Herbert,
Knight, His Majesty's Attorney General,
That, by your Lordships Judgement, upon the
Impeachment of the Honourable House of Commons against your Petitioner, amongst other Punishments, he was adjudged to be committed to the
Prison of The Fleet; in Obedience whereunto he hath
rendered himself a Prisoner, where he now remaineth,
being most sensible of lying under the Sentence of
that Supreme Court, to whose Justice, Wisdom, and
Authority, he doth and ever shall give all Honour
and Reverence; and he is hereby an humble Suitor
to your Lordships, in respect of the Duty of his
Place, for his Liberty, that His Majesty's Services
may not suffer by his Restraint. And your Petitioner
shall take it as an Act of your Lordships Goodness
The House taking this Petition into Consideration;
Resolved, upon the Question, That Mr. Attorney General shall not now be enlarged of his Imprisonment.
Any Petition concerning him to be presented between the Hours of 10 and 12.
Ordered, That, when any Petition be presented to
this House, concerning Mr. Attorney General, it is to
be between Ten and Twelve of the Clock.
Walsh, Queen's Servant, arrested.
Upon the humble Petition of Robert Walsh, Esquire,
a sworn Servant in Ordinary to the Queen, as appears
by a Certificate of the Earl of Dorsett, shewing, "That
he is arrested, contrary to the Privilege of Parliament:" Hereupon this House Ordered, That the
said Robert Walsh shall be brought before the Lords in
Parliament, on Saturday the 30th of this Instant April,
at Nine of the Clock in the Morning, at which Time
their Lordships will take such further Order for the
Petitioner's Relief as they shall think fit.
Etherington and Family, Leave to go beyond Sea.
Upon the humble Petition of Anthony Etherington,
Gentleman, and Dorothy his Wife; it is Ordered,
That the said Mr. Etherington and his Wife, with One
Servant, shall have Liberty to go beyond Seas, performing such Duties as His Majesty's Subjects of England are enjoined to do by the Laws of the Land.
Inigo Jones's Impeachment, concerning St. Gregory's Church.
Ordered, That the Cause touching St. Gregorie's
Church, near St. Paule's, upon a Transmission of the
House of Commons brought up against Inigo Jones,
Esquire, shall be heard at this Bar, on Tuesday come
Sevennight, being the 10th of May next; at which Time
the Parties and Witnesses in this Cause are to attend the
George Benyon to be examined in Lady Hastings's Cause against Mr. Poulton.
Ordered, That George Benyon, being now a Prisoner
in The Tower, shall be brought before the Lords in
Parliament, by his Keeper, on Monday the 2d Day of
May next, at Nine of the Clock in the Morning, to testify
his Knowledge in a Cause between the Lady Hastings
and Francis Poulton, Esquire, on the Part of the said
Poulton; at which Time the Lords have appointed the
Hearing of the said Cause at the Bar.
L. Loftus's Cause.
Ordered, That the Cause of the Lord Viscount Loftus
shall be heard at this Bar on Monday next, at which
Time the Parties and Witnesses on both Sides are to be
House adjourned till 9a cras Aurora.