Journal of the House of Lords: Volume 5, 1642-1643. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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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. 1) 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 Parliamentary Way.
"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 in Parliament.
"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 Instant March.
"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. 2) 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 charged.
"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 and adjudge:
"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 Pounds.
"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 and Justice."
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 Clock.
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. 3) 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. 4) 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 this House.
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 imported."
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 and imported.
Ordered, To be committed to a Committee of the whole House.
Ordered, That the Earls of Bathon and Essex are appointed to report the next Conference with the House of Commons.
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: videlicet,
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 this Service."
Declaration to the Kingdom agreed to.
1. The Declaration was read, and considered of; and, after some Debate, this House thought (fn. 5) 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. 6) House agrees to these Instructions, with the Amendments now read.
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 concerning Hull.
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 Consideration.
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.