DIE Sabbati, videlicet, 26 die Martii:
The Lord Keeper Speaker.
Mr. Arundel against Lord Baltimore.
Ordered, That the Petition of William Arrundell,
Esquire, against the Lord Baltamore, shall be received
into this House; and the Criminal Part of the said Petition is referred to the Committee for Petitions, to be
taken into Consideration at such Time as this House
shall entertain and dispatch Private Causes; as for the
Civil Part, it is wholly referred to the Determination of
the Lord Keeper of the Great Seal of England, to be
heard in the Court of Chancery, where the said Cause
is now depending; and it is further Ordered, That a
Ne exeat Regnum shall forthwith issue out, under the
Great Seal of England, against the aforesaid Cicill Lord
Baltimore, that he shall not depart this Kingdom until
this Cause is determined.
Bandniell and Diemeresque versus Sir Philip Carteret.
Upon Report this Day made unto this House, by the
Lords Committees for the Defence of the Kingdom,
"That they had certain Propositions of Sir Phillip
Cartright, Knight, Lieutenant Governor of the Isle
of Jersey, for the Safety and Defence of that Island,
and likewise of a Petition of David Bandniell and
Henry Diemeresq, Two of the Inhabitants of the said Isle,
brought in against him; which, being examined by
the said Committee, seemed rather to be exhibited
through Malice, by Way of Recrimination, than
upon just Ground; but that the said Sir Phillip hath
carried himself there with great Discretion and Moderation, for any Thing that could be made appear
to the contrary unto their Lordships, and with much
Loyalty and Fidelity to the King and State:" Whereupon it is thought good, and Ordered by the Lords
in Parliament, That certain Propositions delivered into
this House from the said Sir Phillip Carteret at this Report, touching the said Island, shall be forthwith sent,
under the Clerk of the Parliament's Hand, to the Jurats there, insomuch as it concerns them; and, if any
Exceptions can be made unto them, that then they send,
the said Exceptions, with the Reasons thereunto annexed, by some Persons deputed by them, which shall
be considered of by this House; and lastly, that the
said Sir Phillip Carterett be required to repair forthwith unto his Charge, in this Time of imminent Danger, and to be freed from any further Attendance upon
this House, concerning this Business.
"The Heads of such Propositions as are
humbly presented to the House of
Peers, by Sir Phillip Carteret, were
Sir Philip Carteret's Propositions concerning Jersey.
"That the Governor, having the sole Power of the
Militia committed unto him, may be absolutely obeyed in whatsoever shall conduce to the Safe-guard of
the Castles and Defence of the Island.
"That no Normans, or Foreigners, other than known
Merchants, † may be landed or lodged in the Island,
without speedy Notice to be given thereof to the
"That no Normans and Foreigners be taken into the
Island as Servants, or reside there, without the Consent and Allowance of the Governor.
"That no Vessel, being bound for any Foreign
Parts, shall depart the Isle without Notice thereof
given to the Governor; and, upon his Return, the
Master or Merchant to repair to the said Governor.
"What Punishment, or how far the same may be
inflicted by the Governor, upon any Disobedience in
the Premises, or other his lawful Commands.
"That the Tithes of the Parish of St. Sannear in
the Island, to which the Dean hath no Right, may be
supplied to the Maintenance of Twelve Soldiers, to
be added to the Garrison of Elizabeth Castle.
"That whereas Sir Phillip Carterett is authorized,
by Order from this Honourable House, to distribute
to the Inhabitants, at reasonable Rates, so much
Powder as may well be spared out of His Majesty's
Castles; it may please their Lordships to Order,
That the Money which is or shall be received by him
may be laid out upon Account, for the Fortification
of the Castle Elizabeth; and that what further Monies have been laid out by him the last Summer, or
shall be employed this Summer upon the said Fortification, may be re-paid, upon just Account rendered
by the said Sir Phillip Carterett, to the Auditor of
"That whereas the said Sir Phillip Carterett is authorized by the said Order, in Case of imminent Danger, actually to add to the ordinary Garrisons such a
Number of the Inhabitants as shall be necessary to
secure the Castles; their Lordships may be pleased
to Order how, and in what Manner, any extraordinary Charge therein, upon the like Occasion, shall
"That the Governor may be authorized to deliver,
out of His Majesty's Castles, so many Muskets and
Armed Pikes as may well be spared, to be distributed to such of the Inhabitants as are not able to
furnish themselves, upon Bond of Restitution whensoever the said Arms shall be required; and that
some competent Proportion of Powder may be allowed out of His Majesty's Store, for to exercise the
said Musketeers; videlicet, a Pound to each Musket
by the Year.
"That, if their Lordships do think it fit that The
Tower of St. Aubin, upon the Port of the Island,
shall be fortified, an Engineer may be sent over, to
make an Estimate, and to direct the same."
Information concerning the Preparations of the French.
The Lord Admiral informed the House, "That he
was advertised by Sir Phillip Carterett, that he had
received Information from France, that, in Normandy
and Brittany, there are Seven Thousand Men levied
and levying, and designed for the Islands of Guernsey
and Jarsey, or some Part of England; and that there
was in France a secret Intent to make a Breach of the
Peace, between this Kingdom and that;" and Sir
Phillip Carterett, being called, averred, "That he
had this Intelligence from France, by a good Hand,
by a Letter which he received last Night by the
H. C. to be made acquainted with this Information.
Hereupon this House thought it fit to let the House
of Commons know what Information hath been given
to this House; and that Sir Phillip Carterett make the
same Narration to them; and further this House Resolved,
To send to the House of Commons, to desire them to
give a speedy Dispatch to the setting forth of this Summer's Fleet; and that both Houses may join in an humble Petition to the King, that the Earl of Warwicke
may go chief Commander in the said Fleet.
Message from the H. C. concerning a Declaration about Grievances and Remedies.
A Message was brought from the House of Commons,
by Mr. Marten:
To put their Lordships in Mind of a Declaration
formerly brought up from the House of Commons,
which contained Grievances and Remedies propounded,
to which the House of Commons desires Expedition,
the rather because it concerns Matter of Religion.
The Answer returned was:
That this House formerly appointed Tuesday next,
for the Report of the Declaration; but now, upon
the Desire of the House of Commons, their Lordships
intend to have it this Day, if there be Time; if not,
their Lordships resolve on Monday next to proceed
Information against Justice Mallet, for not bailing Kiffin.
Upon Information made to this House, "That Mr.
Justice Mallett hath, at the Assizes last, at Southwarke,
refused to bail one Mr. Kiffin;" it is Ordered,
That the Judges shall examine the Business, and consider whether the said Mr. Kiffin be bailable according to
Law, and report the same to this House.
Answer from the H. C. about the Commission being annexed to the Bill for the 400,000£.
The Messengers that were sent Yesterday to the
House of Commons, to acquaint them that the Bill for
the Four Hundred Thousand Pounds is annexed to the
Commission, returned with this Answer, "That the
House of Commons will send an Answer, by Messengers of their own."
E. Cumberland does not accept the Lieutenancy of Cumberland.
This Day, the Earl of Cumberland's Answer was returned to this House; which was, "That his Lordship
desires to be excused for not accepting the Lieutenancy of the County of Cumberland, according to
the Ordinance of both Houses of Parliament."
Notice of it sent to the H. C.
Ordered, That this Answer be communicated to
the House of Commons; which was accordingly done,
by Message, by Sir Robert Rich and Dr. Bennett.
Geo. Benyon at the Bar, upon L. St. John's Complaint, and the Cause heard.
This Day being appointed for hearing the Lord St.
John's Cause against George Benyon, the House resolved
to hear it. Then the said George Benyon was brought to
the Bar, by the Gentleman of the Rod, as a Delinquent, and kneeled, until the Speaker, by the Directions of this House, bid (fn. *) him stand up.
The Lord St. John's Counsel desired First, "That
the Charge against Mr. Benyon might be read;"
which was accordingly done, in hæc verba: videlicet,
L. St. John's Petition.
"To the Right Honourable the Lords now assembled in Parliament.
"The Petition of Oliver Lord St. John.
"That, in 7° Carolo Regis, George Benyon, then and
yet a Shop-keeper and Silkman of London, procured
to himself, by the Name of George Benyon, Esquire,
Letters Patent under the Great Seal of England, to
be His Majesty's Receiver General for the Counties
of North'ton and Rutland; and then entered Bond of
Fifteen Hundred Pounds (as the Manner is) to His
Majesty, conditioned to accompt yearly for his Receipts, and to make Payment thereof; by Colour of
which Bond (although never forfeited), and of his
Office aforesaid, Benyon driving a Trade of Ten Thousand or Fifteen Thousand Pounds per Annum, by Abuse
of His Majesty's Prerogative, makes all his Shopdebts more secure to him than Judgements or Statutes are to other Men.
"That, after the obtaining of these Letters Patents,
the Petitioner became indebted unto Benyon for
Wares, taken up at such excessive Rates as Benyon
himself was pleased to enter down in his Shop-book;
shortly after the Sale of such Wares, Benyon pressed
the Petitioner to give him Security for those and
other Monies then claimed by Benyon, which, by his
own Accompt (not examined by the Petitioner), came
to Nineteen Hundred Pounds.
"Upon Benyon's affirming the Truth of his Accompt,
the Petitioner became bound with Sureties, in several
Bonds to Benyon; videlicet, in January 1634, the
Petitioner, Sir Oliver Luke, and Sir Pawlett St. John,
in Two Thousand Pounds, for Payment of One Thousand Pounds, or thereabouts; and in May 1636, the
Petitioner, Sir Robert Charnocke, Sir Pawlett St.
John, and Francis St. John, Esquire, in One Thousand Pounds, for Payment of Five Hundred Pounds
more, or thereabouts; and fithence that Time, the
Petitioner and his Sureties aforesaid, with others, in
divers other Penalties, for Payment of other great
Sums to Benyon, the Certainty whereof the Petitioner
"That, about June 1639, the Petitioner intending
to travel beyond the Seas, Benyon pressed him to further Security; whereunto the Petitioner being drawn
by Benyon's fair Pretences of forbearing the Monies
payable by the aforesaid Bonds, and upon his Promise
to render the Petitioner a true and just Accompt how
those Monies grew due; the Petitioner thereupon assigned to Benyon a Statute of Two Thousand Pounds,
acknowledged by Sir Lewis Pemberton to the Petitioner, for Payment of One Thousand Pounds, or
"That, 2 Julii following, Benyon, being not at all
indebted to the King, colourably assigned over to the
King the Petitioner's Bonds, upon Pretence that Benyon was indebted to His Majesty by reason of his Office aforesaid; and thereupon, in November following,
he sued forth Two Extents in the Exchequer, against
the Petitioner's Lands in Essex and Bedfordshire, upon
which the Petitioner's Lands in those Counties, of good
Value, were found and seized into His Majesty's
"And in Hillary Term last, 1640, Sir Lewis Pemberton being dead, Benyon, in Aid of his own pretended
Debt, sued forth a Writ of Diem clausit extremum, in
Com. North'ton, to enquire of Sir Lewis's Estate, by
Colour of the Statue aforesaid, returnable the same
Term, which was executed; and Sir Lewis's Lands,
found by Inquisition, resteth in Benyon's Hands ready
to be filed at his Pleasure.
"Now, forasmuch as Benyon, being a Shop-keeper,
and procuring His Majesty's Letters Patent for his
own unjust Ends, hath (by Pretence of a Prerogative
Privilege derived to himself) constantly sued forth
and recovered, by Extents in His Majesty's Name, his
own private Debts; and hath also, for Gain, constituted divers Deputies under him, who, by Colour of
those Deputations, have, by like Usurpation of Prerogative Privilege, assumed and exercised the committing of the like Abuses, to the great Derogation
of His Majesty's Royal Prerogative, and to His Majesty's Loss in Fines, accruing unto Him by ordinary
Proceedings at Law, to the great Charge and disabling of the Petitioner, whose Lands and Tenements
do rest in His Majesty's Hands by Colour of the Seizure aforesaid, and the Profits thereof received by
Benyon, without Accompt to His Majesty or the Petitioner; and the said Benyon having, by the Assignment aforesaid, gotten into his Hands all the Petitioner's Power for Recovery of Sir Lewis Pemberton's
Debt aforesaid; and having also, by like Prerogative
Extents, recovered from the Right Honourable William Lord Viscount Stafford a great Part of the aforesaid Debts claimed by Benyon from the Petitioner:
"It is therefore humbly prayed, that the Petitioner
may have Redress herein; and that Benyon may
be convented before your Lordships, and receive condign Punishment for these his illegal
and abusive Courses; and may also be Ordered to make appear how, and for what, the
Petitioner and his Sureties were so wrapt into
Bonds by Benyon, and how those pretended
Debts came originally due, and what Part
thereof he hath received, or taken Satisfaction therefor, either from the Petitioner or
his Sureties, or any other by his Assignment,
"Oliv. St. John."
Next was read, the Affidavit of Robert Stevens, being Part of the Charge against Mr. Benyon: videlicet,
Steven's Affidavit against Benyon.
"Robert Stevens maketh Oath, That George Bynion,
of London, Silkman, about Three Months since, and
divers Times before, did say, in this Deponent's Hearing, That no Lord, nor any of the King's Servants,
should have any Privilege, but that they should be
arrested as well as any other Man; and that he would
use that Means that the City of London should lend no
Money to the Parliament, until that Course were settled; and that this Deponent should see, when the
Clothiers should come up, and go to the Parliament in
a Multitude, what the Lords of the Parliament will
do then; for, said he, had not a Multitude come to
the Parliament, the Earl of Strafford had not lost his
"And further faith, That, when the said Benyon had
caused this Deponent to be arrested, he this Deponent shewed the Earl of Rivers Protection unto him,
and told him that he was the Servant of the said Earl;
whereto the said Benyon answered, That he cared not
for it, and bid the Serjeant that had arrested this
Deponent to keep him; and thereupon the said Serjeant carried this Deponent away to The Compter.
"Jur. 27 Nov. 1641.
Benyon's Counsel heard.
These being read; Mr. Herne, being of Counsel with
the said George Benyon, moved in his Behalf, "That
their Lordships be pleased to Order, That he might
have a Copy of the aforesaid Petition and Affidavit,
and a convenient Time to answer, and Liberty to peruse his Books."
Also a Petition of the said Benyon was read; desiring
to have Counsel assigned him, to assist in making his
Further Time given him, to put in his Answer.
Hereupon Benyon and his Counsel, and the rest, were
commanded to withdraw; and the House taking these
Motions into Consideration, Ordered, That the said
George Benyon shall put in his Answer to the Charge of
the Lord St. Johns, and to that other, wherein the Honour of this House is concerned, on Thursday next, being the 31st of this Instant March; and that, in the mean
Time, the said Benyon shall have Liberty to peruse his
Papers and Books, and to have Recourse to such Records
as he shall have Use of: It is further Ordered, That
Mr. Herne, Mr. Lightfoote, and Mr. Hales, shall be hereby assigned to be of Counsel with the said Benyon in this
Cause; and that he shall have Liberty to repair to his
Counsel, with such a Keeper as the Lieutenant of The
Tower will be answerable for.
Petition of Merchant Strangers, against paying Subsidies.
Upon reading the Petition of the Merchant Strangers
of The Netherlands, desiring to be exempted from paying of Subsidies; which being a Matter of great Consequence, the House appointed a Committee of Lords, to
join with a proportionable Number of the House of
Commons, to take this Petition into Consideration, and
report their Opinions thereof to this House.
Lords Committees: videlicet,
Committee for a Conference on this Subject.
The L. Admiral.
Ds. Howard de Esc.
Their Lordships, or any Three, to meet with a
proportionable Number of the House of Commons, on Tuesday next, at Two of the Clock
in the Afternoon.
A Message was sent to the House of Commons, by Sir
Robert Rich and Doctor Bennett:
Message to the H. C. with the Merchant Strangers Petition.
To acquaint them, that this House hath received a Petition from the Merchant Strangers of The Netherlands,
desiring to be exempted from paying of Subsidies, a
Custom which hath been ever due to Strangers of their
Quality; and, it being a Business of Importance, their
Lordships have appointed a Committee of Thirteen
Lords, to join with a Committee of the House of Commons, to take the same into Consideration on Tuesday
next, at Two of the Clock in the Afternoon; and to desire that the House of Commons would appoint a Committee of their House, to join with this Committee of
Lords, and to meet at the Time aforesaid.
The Answer to this Message was:
That the House of Commons will appoint a Committee of their House, to join with the Committee of Lords,
as is desired.
Sir Tho. Walsingham against Sir J. Baker.
Ordered, That Sir Tho. Walsingham's Cause, against Sir Jo. Baker, Baronet, shall be heard before the
Lords Committees for Petitions the Second Tuesday the
next Term, being the 10th of May next, at Two of the
Clock in the Afternoon, in the Painted Chamber.
Royal Assent to the Bill for raising 400,000l.
This House being ready to pass the Royal Assent to
the Bill for raising of Four Hundred Thousand Pounds;
the Gentleman Usher of the Black Rod was sent to the
House of Commons, to desire them to be present at the
same; who being come, with their Speaker, he presented the said Bill from the House of Commons (holding
the Bill only in his Hand, and the Clerk of the Parliaments holding the Commission and the Seal in his Hand,
because it was annexed to the Bill).
Then the Clerk of the Parliaments, receiving the said
Bill from the Speaker, carried it to the Lord Keeper, the
Lord Admiral, Lord Chamberlain, and the Earl of Bath,
Four of the Commissioners, who sat upon a Form set
across the House, who commanded the said Commission
to be read. After this, the Clerk of the Crown read
the Title of the said Bill: videlicet,
"An Act for the raising and levying of Monies,
for the necessary Defence and great Affairs of the
Kingdoms of England and Ireland; and for the Payment of Debts undertaken by the Parliament."
And then the Clerk of the Parliaments pronounced the
Royal Assent, in these Words:
"Le Roy, remerciant Ses bons Subjects, accepte leur
Benevolence et ainsi le veult."
This being done; the Commons, with their Speaker,
departed to their House.
Message from the H. C. that they have appointed Lords Lieutenants to Two Counties;
A Message was brought from the House of Commons,
by Sir Arthur Haselrigg, Baronet:
To let their Lordships know, that they have nominated and approved of the Lord Hastings to be Lord
Lieutenant for the County of Westmerland; and the
Lord Willoughby of Parham, to be Lord Lieutenant of
the whole County of Lyncolne; wherein the House of
Commons desires their Lordships Concurrence.
and Deputy Lieutenants.
2. The House of Commons present to their Lordships some Names, which they have nominated and approved of, to be Deputy Lieutenants for the Counties
of Chester and Lancaster; wherein they desire their
Lordships Concurrence and Approbation.
Sir Francis Popham's Bill.
A Bill for settling Sir Francis Popham in some Lands
in the West, was brought up; the Amendments and
Proviso being inserted, as was agreed unto by both
The Lords Approbation of Lords Lieutenants and Deputy Lieutenants.
This House taking the aforesaid Message into Consideration; Ordered, That this House agrees with the
House of Commons in the Nomination and Approbation
of (fn. *) the Lord Hastings to be Lord Lieutenant for the
County of Westmerland; and the Lord Willoughby of Parham to be Lord Lieutenant of the County of Lyncolne;
and further, this House approves of the Persons nominated by the House of Commons, to be Deputy Lieutenants for the Counties of Chester and Lancaster.
The Answer returned was:
That this (fn. †) House agrees with the House of Commons, as abovesaid Ordered.
L. Hastings and L. Willoughby accepted of their Lieutenancies.
Memorandum, The Lord Hastings this Day accepted
of the Lieutenancy of the County of Westm'land; and
the Lord Willoughby of Parham did accept of the Lieutenancy of the County of Lyncolne.
W. Leigh's Order for a Writ of Neexeat Regnum against Wingfield.
Upon reading the Petition of Wolley Leigh, Esquire;
it is Ordered, That a Writ of Ne exeat Regnum shall
forthwith issue out against Edward Maria Wingfeild,
Esquire, that he shall not go over Seas, or depart this
Kingdom, until he hath given Satisfaction unto the said
Countess Dowager of Rutland and W.Willoughby, against the E. of Rutland.
Upon reading the Petition of Frances Countess Dowager of Rutland, and William Willoughby, Esquire, against
the Earl of Rutland, desiring, "That he might wave
his Privilege of Parliament, and answer their Bill in
Chancery;" it is Ordered, That a Copy of the
said Petition, together with this Order, signed by the
Clerk of the Parliament, shall be forthwith delivered
unto the Right Honourable the Earl of Rutland, and his
Lordship desired to make an Answer in some convenient
Time thereunto, and to return the same unto this
A Supersedeas for a Writ of Ne exeat Regnum against Dr. Hughes.
Ordered, That the Lord Keeper shall be hereby
desired, from this House, to grant a Supersedeas, for the
Writ of Ne exeat Regnum, against Mr. Henry Hughes,
Doctor of Physic.
Dominus Custos Magni Sigilli declaravit præsens
Parliamentum continuandum esse usque in diem Lunæ,
videlicet, 28m diem instantis Martii, 1642, hora 9a Aurora, Dominis sic decernentibus.