Die Jovis, videlicet, 2 die Junii.
The Lord Wharton was appointed to sit Speaker
Ld. St. John versus Benyon.
This Day being appointed to hear the Cause of the
Lord St. Johns against George Benyon, the Parties on
both Sides, with their Counsel, were present.
Message from the H. C. for the Committees to meet about putting the Militia in Execution.
A Message was brought from the House of Commons,
by Walter Longe, Esquire:
To desire that the Lords Committees may be appointed, to meet with the Committee of the House of Commons, for putting the Militia into Execution; which is
a Thing of very great Consequence.
To meet P. M.
Ordered, That the Committees shall meet this
Afternoon, at Three a Clock, in the Painted Chamber.
Answer to the H. C.
The Messengers were called, and told as abovesaid; and that the Lords Committees did attend Yesterday in the Afternoon about it.
Ld. St. John versus Benyon.
Next, the Lords proceeded to Mr. Benyon's Business;
and the Petition was read.
1. Concerning a Debt pretended to be due from
the Lord St. Johns to Mr. Benyon.
2. The Abuse of Mr. Benyon, in (fn. *) assigning Debts
over to the King, which is the Criminal Part of the
The Cause opened by Mr. Glyn.
A Debt was due for Wares, and some was for
Mr. Benyon did overcharge the Debt in his Book.
The Lord St. Johns says, That this Debt is satisfied by the Statute of One Thousand Pounds, assigned
over to Mr. Benyon, which Mr. Benyon extended, and
yet notwithstanding assigned this Debt over to the
King, and extended the Lord St. John's Land."
Next, Mr. Benyon's Answer was read.
The Lord St. John's Counsel offered to prove Mr.
Benyon's Fraud by one Wilbore; to whom Mr. Benyon's
Counsel excepted against, as that he had been Mr. Benyon's Servant, and was a very wasteful and loose Servant.
Mr. Glyn alledged, "That this was no legal Exeption, and desired the Judgement of this House
They all withdrew; and this House took it into Consideration.
And this House Resolved, That, if Mr. Benyon can
make any legal Exception upon Record, then the Depositions shall not be read; but, if they cannot, then
the Deposition shall be read; and their Lordships will
hear what Exceptions they can make against him.
The Parties, and (fn. †)
Ric. Wilbore's Examination was read, "That a Bill
of Parcels was given by Mr. Benyon to the Lord St.
Johns, of Two Hundred Thirteen Pounds, Twelve
Shillings: Most of the Goods were delivered to one
Stevens, a Taylor; and Seventeen Pounds was overcharged, by Directions from Mr. Benyon; and that it
hath been usual for the said Mr. Benyon to overcharge
the Lord St. Johns."
Mr. Stevens deposed, "That Mr. Benyon gave Order
to Wilbore, in his Presence, to charge Ten Pounds
more than was due to Mr. Benyon, upon the Account
of the Lord St. Johns."
Concerning the Assignment of the Statute to Mr.
Benyon, which Mr. Benyon accepted of, as per these
Ric. Wilbore, Fol. 22. said, "That Mr. Stevens
told him, Mr. Benyon had a Statute of One Thousand
Pounds assigned over to him, out of Sir Lewis Pemberton's Lands, from the Lord St. Johns; knoweth that
Mr. Benyon endeavoured to get Satisfaction by that
Statute, but knows not whether he did or no."
Henry Stanley, "That George Benyon told him, That
he had a Statute from the Lord St. Johns, for One
Thousand Pounds due to him; and that Mr. Benyon
entitled the King to the said Statute by Assignment.
That Mr. Benyon was about to buy the Lands of Sir
Rob. Stevens deposed, "He received a Writing of
Mr. Benyon, concerning a Statute of the Lord St.
Johns; and that Mr. Benyon accepted this Assignment
of the Statute, in Part of the Satisfaction of the
Mr. Glyn alledged further, "That Mr. Benyon sued
the Lord Viscount Stafford for Four Hundred and
Fifty Pounds, and put One Hundred Pounds for
Charges to the Lord St. John's Account."
Mr. Herne alledged, for Mr. Benyon, "That there is
(fn. *) a general Charge in the Petition concerning this Business, and no particular Proof by Wilbore.
Exceptions against Wilbore: That he, being examined before Auditor Hill, could not answer how he
knew the Particulars; but when he was examined by
Auditor Brinley, then he deposed.
"That Stanley is an Executor for Sir Lewis Pemberton's Debt; and hoped, by the buying of the Land,
he might be released."
Wm. Garland, Fol. 80. saith, "That the Lord St.
Johns told him, that he had a Statute from Sir Lewis
Pembert. of One Thousand Pounds.
That he came to Mr. Benyon from the Lord St.
Johns, to deal for to get in this Money upon the Statute.
That Mr. Benyon hath not got in that Money upon
That Sir Lewis Pemberton's Land is forfeited, and
in Possession of one Mr. Poulteney.
And a Judgement to Mr. Havers.
That Mr. Benyon did advise with Counsel, of the
Title of Sir Lewis Pemberton's Land, and would not
proceed therein because of the Incumbrances.
"That Mr. Benyon's extending the Land of Sir Lewis
makes the Land more clear; and that it was to ease
the Lord St. John."
Ric. Wilbore, "That there is a Statute delivered
by Mr. Stevens, but whether in Part of Satisfaction
he knows not; but believeth he did accept of it in Part
Jo. Perryn said, "That he met with Stevens, and told
him he heard he was the Reporter that Mr. Benyon
did overcharge the Lord St. Johns; who denied it,
and said, that Wildbore told him so."
Jo. Hatt said, "That Stevens told him, that, if Mr.
Benyon had not arrested him, the Accusation had not
been against Mr. Benyon."
Idem Jo. Perryn dicit.
8 Decembris, 13°
Caroli, by Inquisition taken at
London, it appears, "That the Twenty-three Pounds,
Twelve Shillings, was owing by the Lord St. Johns
Mr. Phillips said, "That there was no Covenant in
the Letter of Attorney, to bind Mr. Benyon to accept of the Statute of One Thousand Pounds, but
Phillip Willoughby said, "He was desired by the
Earl of North'ton to go to Mr. Benyon, to know what
Differences were between him and the Lord St. Johns.
And the Earl of North'ton told him, That the King
had commanded him to mediate a Peace between them:
And accordingly, about the Middle of December, he
treated; and it lasted until the 4th of January, and
it fell off by Mr. Benyon."
This Cause to be further heard.
For the abusing of his Place of Receivership, in assigning Debts over to the King, this House appointed to
hear that Particular on Saturday next.
Propositions to the King to be printed.
Ordered, That the Propositions sent to the King
Yesterday shall be printed and published.
Tookley and Rookes.
Ordered, That Tookley shall be released, Rookes
and he being agreed between themselves.