House of Lords Journal Volume 4: 5 April 1642

Pages 699-700

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 Martis, videlicet, 5 die Aprilis.


E. of Suffolk excused.

Ordered, That the Earl of Suffolke is excused for being absent, in regard of his ill Health.

Master of the Rolls Leave to be absent.

Ordered, That the Master of the Rolls hath Leave to be absent until the next Term.

Justice Crawley Leave to be absent.

Ordered, That Mr. Justice Craweley hath Leave to be absent until Thursday in Easter Week.

Committee for the Kentish Petition have Leave to divide themselves into Sub-committees.

Ordered, That the Committees concerning the Kentish Petition shall have Power to divide themselves into Sub-committees, as they shall see Cause; and that they shall examine some of the Delinquents this Afternoon; and the Witnesses are to stay in Town until they are examined.

Report concerning Bond and Wilson, for publishing a scandalous pretended Letter from the Queen to the King.

Hust sent for.

The Lord Chief Justice reported, "That he hath examined Bond and Willson, concerning the printing and publishing of the scandalous Printed Pamphlet pretended to be sent from the Queen in Holland, to the King at Yorke; and they will confess nothing:" Hereupon this House Ordered, that Bond and Willson, and the Witnesses, shall attend this House To-morrow Morning; and then this House will take this Business into Examination; and that, in the mean Time, the Lord Chief Justice shall send a Habeas Corpus, to bring before him William Hust, and examine him concerning this Business, and make Report thereof to this House.

Smith and Busby in Error.

Ordered, That the Cause between Smith and Busby, in a Writ of Error depending in this House, shall be heard on Friday come Sevennight.

Lord Loftus's Cause.

Ordered, That the Cause of the Lord Viscount Loftus shall be heard on Thursday next, in the Afternoon.

Message to the H. C. concerning Benyon.

A Message was sent to the House of Commons, by Sir Robert Rich and Mr. Page:

To let them know, that this House hath appointed to proceed in the Cause against George Benyon To-morrow.

Order for Witnesses in Benyon's Causes.

Ordered, That Edmond Harvie, Symond Edmonds, John Offley, Henry Mosse Junior, Thomas Wiseman, Robert Stevens, Ralph Childe, Edward Browne, Nathaniell Johnson, John Crispe, and James Siddin, shall attend the Hearing of a Cause before the Lords in Parliament, upon a Charge of the House of Commons brought up against George Benyon, and testify their Knowledge in the said Cause, on Behalf of the House of Commons.

Order for Mr. Benyon's Witnesses.

Ordered, That Arthur Bickerton, Edward Trussell, John Perryn, Edward Bradbourne, John Hatt, Clement Mosse, Sir George Whitmore, Sir Nicholas Rainton, Sir Henry Garraway, Sir Edmond Wright, Mr. Waters, Mr. Latham, Henry Davison, Thomas Nevill, John Barrett, Mr. Hatton, and Robert Gardner, shall attend the Lords in Parliament, to testify their Knowledge, on the Part of George Benyon, in a Cause depending in Parliament, upon a Charge of the House of Commons brought up against him, and is to be heard on Wednesday next, being the 6th of this Instant April, before their Lordships.

Earl of Sussex, concerning Fishing in Burnham Waters.

Upon the humble Petition of the Right Honourable the Earl of Sussex, presented this Day to this House; shewing, "That he hath the sole Right of Fishing in Walfleete, and the River of Burnhum, in the County of Essex; yet hath he been divers Times injured and opposed, by many of the adjoining Inhabitants, and others pretending Right therein; against whom the said Earl hath had a late Trial at Law, which passed for him:" It is therefore Ordered, That the said Earl of Sussex shall have a Copy of a General Order for quiet Possessions, made in this House, and dated the 13th of July 1641, under the Clerk of the Parliament's Hand, and to take the same Benefit of the said Order as though it had been made in his own particular Case; and the Lord Admiral, the Vice-Admiral, and the Sheriff of the County, are to take Notice of this Order.

The Messengers return with this Answer from the House of Commons:

Answer from the H. C. concerning Benyon.

That they will be ready to send a Committee of their House to manage the Evidence against George Benyon To-morrow Morning, at Nine of the Clock.

A Message was brought from the House of Commons, by Sir John Holland:

Message from the H. C. about Forms for Colonels and Captains Commissions in the Militia.

To desire that their Lordships would take into Consideration the framing of a Draught of a Commission, for the making and appointing of Colonels and Captains, according to the Ordinance of both Houses of Parliament for settling the Militia; and that the same may be sent down to the House of Commons.

Committee to consider of a Form for them.

Ordered, That the same Committee as were formerly appointed to draw up the Form for Lieutenants and Deputy Lieutenants shall consider of a Form for making of Colonels and Captains, and other Officers.

The Answer returned was;

Answer to the H. C.

That their Lordships will consider of a Form of Commissions for Colonels and Captains, and will send them down to the House of Commons.

Declaration to the King, of Grievances and Remedies, debated.

Next, the House took into Consideration the Declaration brought up from the House of Commons, containing the Evils and Grievances with their Remedies.

The First Remedy was read, in hæc verba:

Great Officers of State and Privy Counsellors to be displaced, and others recommended by the Parliament to be put in their Room.

"That the Lords, and others of Your Majesty's Privy Council, and all other Persons employed in great Offices of State and Government, either at Home or beyond the Seas, may be put from the Privy Council, and from those Offices and Employments (excepting such as have Offices by Inheritance); and that such Persons shall be put into those Places and Employments as shall be recommended to Your Majesty by Advice of both Houses of Parliament; and that all Privy Counsellors shall take an Oath for the due Execution of their Places, in such Form as shall be agreed upon by Parliament; and that such of those Counsellors and Great Officers as shall be so displaced, and not recommended as afore, and whose Names shall be presented by both Houses of Parliament, shall not have Access to the Persons or Courts (fn. 1) of the King or Queen's Majesty."

The King to be petitioned for the Royal Assent to it.

And, after a serious Debate, this Question was put, whether this House shall join with the House of Commons, in petitioning the King, to give His Royal Consent unto this Article, as one of the Remedies to cure the Distractions and Evils of this Time.

And it was Resolved affirmatively.

Protest against it.

These Lords following, before the putting of this Question, desired Leave to enter their Diffents to this Question; which this House granted:

L. Marquis Hertford.
Comes Bathon.
Comes Devon.
Comes Monmouth.
Comes Berks.
Comes Westm'land.
Comes Cleveland.
Comes Dover.
Comes Portland.
Ds. Mowbray.
Ds. Strange.
Ds. de Grey.
Ds. Wentworth.
Ds. Howard de Charleton.
Ds. Savill.
Ds. Coventry.
Ds. Capell.
Ds. Seymour.

A Message was brought from the House of Commons, by Sir John Evelyn, Knight:

Message from the H. C. that a select Committee of both Houses may consider of scandalous Books, Routs, and Riots;

To desire that their Lordships would please to appoint a select Committee of Lords, to join with a proportionable Number of the House of Commons, to consider of the scandalous Books and Pamphlets that have been lately printed and published, and of seditious and riotous Tumults and Routs lately assembled in and about the City of Westminster, and that the King's Counsel may be appointed to attend the Committees, and give the Committees Information thereof.

and for a Meeting of Commissioners for Irish Affairs.

2. That the House of Commons desires their Lordships to appoint the Commissioners for the Irish Affairs a Time to meet.

Committe to consider of scandalous Books, &c.

Ordered, That these Lords following are appointed Committees to consider of scandalous Pamphlets: &c.

The L. Privy Seal.
The L. Admiral.
The L. Chamberlain.
Comes Bathon.
Comes Pembrooke.
Ds. Spencer.
Ds. Kymbolton.
Ds. Brooke.
Comes Leycester.
Comes Sarum.
Comes Holland.
L. Viscount Saye & Seale.
Ds. Strange.
Ds. Rob'ts.
Ds. Savill.
Ds. Seymour.

All His Majesty's Counsel in Town (except Mr. Attorney General) to attend the Lords.

Their Lordships, or any Five, to meet with a proportionable Number of the House of Commons, on Thursday the 7th of April, at Eight of the Clock in the Morning, in the Painted Chamber.

Commissioners for Irish Affairs to meet.

Ordered, That the Commissioners for the Irish Affairs shall meet at Five of the Clock this Afternoon, in the Starchamber, and so from Time to Time as they shall appoint.

The Answer returned to the aforesaid Message was:

Answer to the House of Commons.

That this House hath appointed a Committee, to join with the House of Commons, to consider of scandalous Pamphlets, &c. as they have desired; and that the Commissioners for the Irish Affairs are appointed to meet this Afternoon, at Five of the Clock, in the Star-chamber.

Lady Hastings versus Poulton.

Ordered, That the Cause of the Lady Hastings, against Frauncis Poulton, Esquire, shall be heard at this Bar the First Cause on Tuesday next.

Order for bringing Benyon.

Ordered, That George Benyon, now a Prisoner in The Tower, shall be brought before the Lords in Parliament on Wednesday the 6th of this Instant April, at Eight of the Clock in the Morning, to answer the Charge of the House of Commons brought up against him.

"To the Lieutenant of The Tower of London."


Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 6m diem instantis Aprilis, hora 9a Aurora, Dominis sic decernentibus.


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