DIE Jovis, videlicet, 16 die Junii.
The (fn. *)
E. of Bolingbrooke to put the Bedfordshire Militia in Execution.
Ordered, That the Earl of Bollingbrooke hath Leave
to go into Bedfordshire, to put into Execution the Militia.
Dated 13 June.
A Letter was read, written from the Lord Howard,
from Yorke, directed to the Speaker of the House of
Peers for the Time being.
E. of Bedford. and E. of Portland.
Ordered, That the Cause which concerns the Earl
of Bedford and the Earl of Portland, touching the
, shall (fn. †) be deferred till the next
Term; and then to have a Trial (fn. ‡) at Law, for which
their Lordships will wave their Privileges.
Letter from Lord Howard at York, desiring to be recalled.
"It is so long since I had Occasion to write unto
you, that your Lordship may perceive our Business is
not very great: This Country we conceive to be so inclinable to Peace, that there will be no further Need
of our Stay here for that Service; nor do we see
how we can possibly serve you any Way. As in relation to the King, it is now Twelve Days since we
presented Him with your Propositions, but have not
as yet heard of any Thing in Return. As long as we
could be at all useful to the Parliament in this Place,
we never considered our own Particulars; but, since
our Judgement tells us that the Public reaps no Benefit now in our being here, we shall take the Boldness
a little to look upon ourselves; and to let you know,
that our Stay here is very unpleasant to us. I shall
not trouble you with the Particulars; but do humbly
desire the House to re-call me, if they shall, in their
Wisdom, so think fit, to which I do with all Chearfulness submit myself; resting
Yorke, the 13th of June, 1642.
"Your Lordship's humble Servant
ever to be commanded,
Lord St. John versus Benyon.
The Lords proceeded in the Cause of the Lord St.
Johns, against George Benyon; and the Parties and Counsel
on both Sides.
And Mr. Glyn desired, "That, as Mr. Benyon's Counsel did the last Day (fn. ||) produce some Witnesses to discredit some of the Lord St. John's Witnesses; now
they desired that they might be allowed to produce
some Witnesses to prove how Mr. Benyon hath tampered with Witnesses, to withdraw their Testimonies
from the Lord St. Johns."
And Mr. Benyon's Counsel desired the Judgement of
the Lords herein.
The Parties and Counsel withdrawing, the Lords took
the same into Consideration; and the Opinion of this
House was, "To hear the Witnesses concerning Mr.
Benyon's tampering with Witnesses; but not that this
shall be a Charge to make Mr. Benyon criminous;
and then their Lordships will judge of the Business as
they shall see Cause."
Proved by Butler.
Wyldbore said, "He met Mr. Benyon about August
last, and he carried him to a Tavern, and told him he
heard he was to be a Witness against him concerning
the Lord St. John's Cause; and he would have had
him protested, before Almighty God, that he knew
no Injury done by Mr. Benyon to any Lord."
John Stevens said, "That Mr. Benyon told him at his
Shop, he had a Desire to have a Meeting with him and
Wildbore, and make an End with Wilbore concerning
the Lord St. Johns; and that Mr. Benyon told him
he had One Hundred Pounds ready for him, if he
would stand for him, and deny what he knew concerning the Wrong which he hath done to the Lord St.
Johns and other Lords, and take off Wildbore."
Next, Mr. Glyn proceeded to open the Charge against
Benyon, concerning Mr. Benyon's Abuse and Deceipt in
assigning Debts over to the King, whether the Commonwealth and the King both are prejudiced:
"That Mr. Benyon bought a Receiver's Place of
the Counties of Rutland and North'ton for Fifteen
Hundred Pounds; and 14 July, 7°
into a Bond to make a just and true Accompt to the
King before the 20th of January and 20th of July."
The Counsel of Mr. Benyon alledged, "That the
Charge concerning this was so general, that no Defence could be made to it; and desired it might be
made particular, beside the Charge of the Lord St.
The Lord St. John's Counsel alledged, " That there
was an Agreement of a particular Charge of all the
Debts assigned over to the King, by Benyon; to
which Mr. Benyon consented, to go upon them."
Mr. Benyon denied any such Consent.
Then they proceeded to the particular Charges concerning the Lord St. John's Charge:
"That Three Thousand Pounds was assigned over
to the King, by Deed, the 2d of July, 15 Caroli,
being the Lord St. John's Debt. At that Time,
Mr. Benyon was not so much indebted to the King.
"One Hundred Ninety-nine Pounds, Eight Shillings,
Mr. Benyon was indebted to the King, 15 Caroli, as
by the Foot of the Accompt it appeared."
One Robert Hall, upon Oath, deposed, "That this
Morning he heard Mr. Benyon speak to Mr. Butler,
a Witness of the Lord St. Johns, and bid him be
gone, if ever he would do him a Pleasure."
Butler said, "He did not speak with Mr. Benyon
Mr. Benyon's Counsel said, "That Auditor Phillips
is able to prove and make it appear, that the Debt
owing to the King by Mr. Benyon's Accompt is Ten
The Parties and their Counsel withdrew.
Ordered, That this House shall sit this Afternoon,
at Three a Clock.
A Message was sent to the House of Commons, by
Sir Robt. Rich and Mr. Page:
Message to the H. C. to sit P. M.
To let them know, that this House intends to sit at
Three a Clock this Afternoon, and desire them to sit
(fn. *) like.
A Letter from the Lord Spencer was read.
Letter from Lord Spencer, about the Northampton Militia and Voluntiers.
"For the Right Honourable the Earl of Leicester,
Lord Lieutenant of Ireland.
"I have found my Countrymen so forward to obey
the Ordinance of Parliament for the Militia, that I
thought fit to communicate it to your Lordships.
This Morning, Ten of my Deputy Lieutenants met
me here at North'ton, whereof of the Trained Bands
of this County (consisting but of Three Hundred
Men) were summoned to appear. The Captains affirm, that their Companies were never fuller upon
any other Summons. Here appeared likewise about
Five Hundred and Fifty Voluntiers (not inferior
either in Arms or Readiness to the Trained Bands);
besides many other able Bodies of meaner Condition
(which were not numbered, but did far exceed the
armed Men, as was generally agreed on amongst us);
who, being not able to compass Arms, yet offered
their Service with the (fn. *) greatest Alacrity, some having
Swords, some Clubs, and all good Hearts, for the
Defence of the King and Parliament. I intend Tomorrow to go on the other Side of this County, of
which I shall give you an Account at my Return;
June the 14th,
"Your Lordship's most obedient Son,
and most humble Servant,
The Lord Wharton was appointed to be Speaker
Letter from the Earl of Stamford, about the Leicestershire Militia.
A Letter written to the Earl of Essex from the Earl of
Stamford was read: (Here enter it.)
"That the County of Leycester did obey the Militia
chearfully, and many Voluntiers came in.
"That the Earl of Huntington and Earl of Devon,
&c. have a Commission of Array for the County
of Leycester, (fn. *) and his Lordship desired to know
what to do if it should be put into Execution; and
he will observe their Lordships Commands."
Order upon it.
Ordered, That, unless the Earl of Stamford know
a certain Time when the Militia will be executed, that
he repair hither; and that the Votes of this House declaring the Commissions of Lieutenants to be illegal
shall be published in that County.
Ordered, To be considered of further To-morrow.
Ordered, That the Witnesses shall be sworn by the
Clerk of the Parliament on the Behalf of Freshfeild,
whose Cause is referred to the Consideration of Justice
Ordered, That the Petition of Halsal is referred to
the Committee appointed to examine the Business concerning the publishing of the Proclamation against the
Ordered, That Robins is referred to take his Course
A Message was brought from the House of Commons, by Sir Jo. Evelyn:
Message from the H. C. with Instructions about raising Horse, Money, &c.
"1. (fn. †) To present Instructions concerning the Propositions concerning the raising of Horse for the Defence of the King and Kingdom."
(Here enter them).
Agreed to in the general, and afterwards to consider
to what Counties to send to, for bringing in Horses.
Commissaries to value the Horse, &c. raised, according to the Propositions;
"2. Resolved, by the House of Commons, That
Captain Burrell, Tho. Lloyd, Gentleman, John Smith,
and Francis Dowett, of London, Gentleman, are approved, to be Commissaries, to inroll and value the
Horse and Arms, to be raised according to the Propositions."
for such A coutrements, &c. as can be spared from Hull to be sent up.
"3. That the Lords be moved, to join with the
House of Commons, in an Order, That so many of
the Saddles and Horse Arms, and other Ammunition,
as may conveniently be spared out of the Magazine
at Hull, be forthwith sent to London; and that the
Lord Admiral be desired to provide Ships for the
bringing it hither."
Ordered, That this House agrees with the House
of Commons, That all the Horse Arms (excepting
Arms for Three Hundred Horse) shall be brought away
from Hull to London; and so much Powder and other
Ammunition as Sir Jo. Hotham thinks it fit to be spared;
and that Sir John Hotham shall have the same Power
for providing of Ships as formerly he had; and that
the Lord Admiral shall provide Shipping to convoy the
same to London.
Resolved, That this House agrees with the House of
Commons in these Alterations.
"4. They desired their Lordships Concurrence in
an Order concerning the Ships and Pinnaces set forth
by the Adventurers for additional Forces; videlicet,
Adventurers Ships to be sent to Ireland.
"It is this Day Ordered, by the and Commons assembled in Parliament, That all the Ships
and Pinnaces set forth by the Adventurers for additional Forces by Sea be forthwith sent away to the
Coasts of Ireland, to guard these Coasts, all but One
Pinnace, which they are to leave behind, to bring after
them their Commission or Ordinance; and that the
Lord Admiral be moved to give Order accordingly."
To be further considered of.
King's Answer concerning them.
Next, was read a Paper, sent from Mr. Secretary
Nicholas, being an Answer from the King, concerning
the Commission concerning the additional Forces by Sea
to be set forth for the Service of Ireland.
(Here enter it.)
The Answer was:
Answer to the H. C.
That this House agrees to the Instructions and Order
concerning the Commissaries; but concerning the Order for the bringing away Arms from Hull, and concerning the Order for the additional Forces, their Lordships will send an Answer, by Messengers of their own.
A Message was brought from the House of Commons,
by Mr. Hollis:
Message from the H. C. to impeach the Nine Lords at York.
That Yesterday he impeached Nine Lords; and, lest
there should be any Mistake, they have put the same
in Writing, which was read, in bæc verba.
(Here enter it).
Message from the H. C. for a Conference about the Treaty with the Scots.
A Message was brought from the House of Commons, by Sir Sam. Rolls:
To desire a present Free Conference, if it may stand
with their Lordships (fn. *) Conveniency, touching the Propositions with the Scotts.
To give them a present Meeting, in the Painted
House adjourned during Pleasure, and the Lords went
to the Conference; which being ended, the House was
The Lord Wharton reported, "That, at this Conference, the House of Commons did desire that the
Word ["remain"] in the Treaty may be in; and
instead of the Word ["Colonel"], the Word ["Commissary General"] to be added."
To which Alterations this House agreed to.
Impeachment sent to the Nine Lords, and they to answer it.
Ordered, That the Impeachment of the Nine Lords
shall be sent them, and that they shall appear and make
Answer thereunto by Monday come Sevennight; else
this House will proceed against them.
Hall sent for.
Ordered, That Robt. Hall shall be sent for, to appear here To-morrow.
Post-warrant, for the Messenger that carries the Impeachment.
Ordered, That the Speaker of this House shall sign
a Post-warrant, for the Messenger that carries down the
Warrant to summon the Nine Lords at Yorke.
"Instructions concerning the Propositions for raising
of Plate, and Money, and Horses.
Instructions about the Propositions for raising Money, Horse, &c.
1. That the Deputy Lieutenants of each County,
which are Members of the House, shall have Authority to tender the Propositions to the other Deputy
Lieutenants of the same County, and take their Subscriptions; and all such Deputy Lieutenants, or any
Two of them, as shall subscribe according to the Propositions, shall have Authority to assemble and call
together all such Persons as they shall think fit, and
to tender those Propositions to all such Persons as
shall be present, or to any Persons within their Counties respectively, and receive their Subscriptions; and
the said Deputy Lieutenants, or any Two of them,
shall have Authority to name such and so many Persons as they shall think fit, to assemble and call together every Person, or to repair to their several Houses
or Dwellings, within their respective Counties, and to
take their Subscriptions, (fn. *) which are by them to be returned to such Persons as shall be appointed Receivers
in the respective Counties, who shall from Time to
Time certify the Sums, Values, or Proportions, of such
Subscriptions, to the Treasurers of London.
"2. The said Deputy Lieutenants, or the greater
Part of them, shall have Power to name Receivers in
their several Counties; and all such as shall, either
before or after their Subscriptions, pay or bring in any
Money or (fn. †) Plate, shall deliver the same to such Person or Persons as shall be appointed by the said Deputy Lieutenants, or the greater Part of them, under
their Hands, to be Receivers; which the said Persons so appointed shall cause to be delivered to the
Treasurers in London, named in the said Propositions,
and shall receive Acquittances from the said Treasurers, in the Name, and to the Use, of the several
Persons from whom they shall receive such Money
or Plate, and shall deliver such Acquittances to the
several Persons to whom they do belong; and all
such as make such Return of Money or Plate shall
receive reasonable Allowance from the Treasurers for
the same, according to their Discretions.
"3. All that find Horses shall presently send them
up to London, according to the Propositions.
"4. In those Counties where no Commissions are
issued to those that were nominated for Deputy Lieutenants, or none have been nominated, there the same
Authority to be given to such Justices of Peace, or
other Gentlemen of those Counties, which shall be
named by the Knights and Burgesses of those Counties, and approved by both Houses, as is to the
Deputy Lieutenants in the First and Second Instructions.
"5. That the Time of Notice shall be taken to be
from the Time that every Man hears the Propositions
first read by the Authority aforesaid."
"An Impeachment was brought from the House
of Commons, by Denzill Hollis, Esquire, which
was delivered in hæc verba: videlicet,
Articles of impeachment against Nine Lordsat York.
"I do here, in the Name of the Knights, Citizens,
and Burgesses of the Commons House assembled in
Parliament, and in the Name of all the Commons of
England, impeach Spencer Earl of Northampton,
Wm. Earl of Devonshire, Henry Earl of Dover,
Henry Earl of Monmouth, Charles Lord Howard of
Char. Robert Lord Rich, Charles Lord Gray of Ruthen, Thomas Lord Coventry, Arthur Lord Capell, for
these High Crimes and Misdemeanors following: videlicet,
"For that, contrary to their Duty, they being Peers
of the Realm, and summoned by Writ to attend the
Parliament, and contrary to an Order of the House
of Peers of the Ninth of April last, and several other
Orders requiring the Attendance of the Members of
that House, and after a Vote passed in both Houses
of the 20th of May last, That the King, seduced by
wicked Counsel, intended to make War against the
Parliament, and that whosoever served or assisted
Him in that War was adjudged a Traitor, did notwithstanding afterwards, in the same Month of May, contemptuously, having Notice of the said Votes and
Orders, withdraw themselves from the said House of
Peers, and repair to the City of Yorke, where the
Preparations of the said War were, and yet are, in
Contrivance and Agitation, they knowing of such
Preparations; and being, by an Order of the 30th
of May, duly summoned by the House of Peers, to
make their Appearance before that House upon the
8th Day of June last past, they refused to appear, and
returned a slighting and scornful Answer, by a Letter
under their Hands, directed to the Speaker of the
Lords House, and remaining there upon Record: For
which Crimes and Misdemeanours, to the Interruption
of the Proceedings of Parliament, and great Affairs
of the Kingdom, and tending to the Dissolution of
the Parliament, and Disturbance of the Peace of the
Kingdom; I am commanded, in the Name of the said
Commons, to demand of your Lordships, that the
said Lords may be forthwith put to their Answer,
(fn. *) and receive speedy and exemplary Punishment, according to their Demerits; the Commons saving to
themselves Liberty, at all Times hereafter, (fn. *) to exhibit any other or further Impeachment against the
said Lords, or any of them."
Order for the impeached Lords to answer.
"Ordered, &c. That Spencer Earl of North'ton,
Wm. Earl of Devonshire, Henry Earl of Dover,
Henry Earl of Monmouth, Charles Lord Gray of Ruthen, Charles Lord Howard of Char. Robert Lord
Rich, Thomas Lord Coventry, and Arthur Lord Capell,
being impeached of High Crimes and Misdemeanors
by the House of Commons, shall appear (fn. *) before
the Lords in Parliament, and make their several
Answers before their Lordships, on Monday come
Sevennight, being the 27th of this Instant June, unto
the said Impeachment; or else this House will proceed in Judgement against them by Default."