Journal of the House of Lords: Volume 4, 1629-42. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, videlicet, 21 die Martii.
Lord Keeper not well, Lord Cuief Justice appointed Speaker.
The Lord Keeper, being not able to perform the Place of Speaker, in regard of the Indisposition of his Health, desired Leave of this House to be absent for some few Days; which their Lordships granted.
Earls of Pembroke and Holland commanded to attend the King, by Letters, to celebrate the Feast of St. George, or to keep it at Home.
The Earl of Pembrooke and Mountgomery and Earl of Holland acquainted the House, "That they had received Letters from His Majesty, commanding them to attend Him at Yorke, for celebrating the Feast of St. George, according to their Oaths; but with this Clause, that, if they came not down to Yorke, that then they should keep it in their own Houses;" in which their Lordships desired the Directions of this House: And the House taking into serious Consideration the great and weighty Affairs now in Agitation, and how the Presence of all the Lords was requisite; Ordered, That the Earls of Pembrooke and Holland attend the weighty Affairs of the Kingdom now discussed in Parliament, whereunto they are obliged by His Majesty's Writ and the Laws of the Land: And it is further Ordered, That the Messengers that are sent next to the King shall acquaint His Majesty herewith.
Tonnage and Poundage Bill.
Bill for punishing John James.
Bill against Exportation of Wools.
Mr. Justice Crawley and
Mr. Baron Weston,
Ds. Grey de Warke.
Ds. Howard de Escrigg.
Message from the H. C. that George Benyon may not be bailed.
To let their Lordships know, "That whereas George Benyon was committed by their Lordships to The Tower of London, for divers high Misdemeanors, that, since his Commitment, there hath been Discoveries of further Matter against him of divers Businesses, wherein he hath been very seditious; and the House of Commons considering the City of London to be a populous City, and of great Concernment, it may produce very (fn. 1) ill Effects in the Affections of the People to let out such a dangerous Person as he is: Therefore the House of Commons do desire their Lordships, that the said Benyon may not yet be bailed, before there be further Examinations therein."
Bailing George Benyon deferred.
He is remanded to The Tower.
The Cause of Earl Rivers and Lord St. John against him to be heard.
Ordered, That the Cause of the Earl Rivers and the Lord St. Johns, against George, shall be heard on Saturday Morning next; and, in the mean Time, Mr. Benion's Counsel shall have Liberty to come to him to The Tower, to be instructed in his Cause; and that an Order shall issue out, to bring the said George Benyon at the Time aforesaid.
Sir Henry Herbert Leave to recruit his Company for Holland.
Ordered, That Sir Henry Herbert shall have Leave to entertain and transport Thirty Men, Voluntiers, to recruit his Company, in the Service of The States of the United Provinces; and it is likewise Ordered, That Captain Moore shall (fn. 2) have Leave to entertain and transport Five and Twenty Men, Voluntiers, to recruit his Company.
E. of Bristol Leave to go into the Country.
L Dunsmore, D°.
The House of Commons being come, this House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Robertes reported from the Conference:
Report of the Conference about the Propositions of the Commons.
No Forces to be admitted into Hull without Authority of both Houses.
"As for the Alteration in the Proposition that no Forces shall be admitted by the Governor into Hull, the House of Commons do not agree with their Lordships in the Alteration, but do adhere to that which they brought, and desire their Lordships to concur therein.
Men levied in the North without Consent of both Houses to be suppressed.
"And concerning their Lordships Doubt whether the Proposition for the Lords Lieutenants, and the Sheriffs of the Northern Counties, to observe the Orders of both Houses, to suppress raising of Men, be not a Weakening to the former Orders of both Houses given to the Sheriffs; the House of Commons conceives it is not: But, for the making it the more clear, (fn. 3) a Letter may be written to that Effect, to the Lords Lieutenants and the Sheriffs."
Lords agree with the Commons in these Propositions.
Then this House was adjourned again during Pleasure; and the Lords went to let the House of Commons know, that this House agrees with them in the Propositions, according to the Effect of this Conference.
Watkins versus Ward.
Upon Report this Day made unto this House, by the Lords Committees for Petitions, "That it appeared unto their Lordships, that Edward Watkins and Thomas Ayleway commenced a Suit in the Common Pleas, against John Robinson, Richard Ward, and Christopher Digbton, concerning their Right, and to that End to try their Title and Right, to the Searcher's Place of Gravesende, as belonging to the Port of London; After which, the said John Robinson, Richard Warde, and Christopher Digbton procured an Injunction out of the Court of Exchequer, upon this Ground, that the said Cause was there depending, and that the Plaintiffs and Defendants were all Officers belonging to His Majesty's Exchequer, and that the Cause ought there to be determined:" All which their Lordships considering, do refer the Examination of the Jurisdiction and Privileges of the Court of Exchequer, touching the Proceedings in this particular Cause, to the Judges of the King's Bench, who are to peruse the Patents and Records, and certify to this House the true State of the Cause concerning the Proceedings in the said Court of Exchequer and Common Pleas, together with their Opinion concerning the same; and then their Lordships will proceed further therein.
Atkinson versus Dayntry.
Ordered, That the Petition of Joseph Atkinson, His Majesty's Millener, and John Dayntry, Gentleman, shall be taken into Consideration at the same Time when the Cause between Mr. Watkins and Mr. Warde is heard.
Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 22m diem instantis Martii, hora 9a Aurora, Dominis sic decernentibus.