House of Lords Journal Volume 4
26 March 1642

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1767-1830

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'House of Lords Journal Volume 4: 26 March 1642', Journal of the House of Lords: volume 4: 1629-42 (1767-1830), pp. 671-674. URL: http://www.british-history.ac.uk/report.aspx?compid=35812 Date accessed: 31 August 2014.


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Contents

DIE Sabbati, videlicet, 26 die Martii:
Mr. Arundel against Lord Baltimore. Bandniell and Diemeresque versus Sir Philip Carteret. Sir Philip Carteret's Propositions concerning Jersey. Information concerning the Preparations of the French. H. C. to be made acquainted with this Information. Message from the H. C. concerning a Declaration about Grievances and Remedies. Answer. Information against Justice Mallet, for not bailing Kiffin. Answer from the H. C. about the Commission being annexed to the Bill for the 400,000£. E. Cumberland does not accept the Lieutenancy of Cumberland. Notice of it sent to the H. C. Geo. Benyon at the Bar, upon L. St. John's Complaint, and the Cause heard. L. St. John's Petition. Steven's Affidavit against Benyon. Benyon's Counsel heard. Further Time given him, to put in his Answer. Petition of Merchant Strangers, against paying Subsidies. Committee for a Conference on this Subject. Message to the H. C. with the Merchant Strangers Petition. Answer. Sir Tho. Walsingham against Sir J. Baker. Royal Assent to the Bill for raising 400,000l. Message from the H. C. that they have appointed Lords Lieutenants to Two Counties; and Deputy Lieutenants. Sir Francis Popham's Bill. The Lords Approbation of Lords Lieutenants and Deputy Lieutenants. Answer. L. Hastings and L. Willoughby accepted of their Lieutenancies. W. Leigh's Order for a Writ of Neexeat Regnum against Wingfield. Countess Dowager of Rutland and W.Willoughby, against the E. of Rutland. A Supersedeas for a Writ of Ne exeat Regnum against Dr. Hughes. Adjourn. Footnotes

DIE Sabbati, videlicet, 26 die Martii:

PRAYERS.

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 these: videlicet,

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 Governor.

"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 the Imprest.

"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 be borne.

"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 Post."

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:

Answer.

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 therein.

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.

"Shewing,

"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 remembereth not.

"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 thereabouts.

"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 Hands.

"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, or otherwise.

"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 Head.

"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.

Ro. Rich.

"Robt. Stevens."

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 Answer.

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.
Comes Bathon.
Comes Pembrooke.
Comes Warwicke.
Comes Bristoll.
Comes Holland.
Ds. Strange.
Ds. Pagett.
Ds. Brooke.
Ds. Robartes.
Ds. Newnham.
Ds. Howard de Esc.
Ds. Bruse.

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:

Answer.

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 Houses.

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:

Answer.

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 Mr. Leigh.

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 House.

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.

Adjourn.

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.

Footnotes

* Origin. may not.
* Deest in Originali.
* Bis in Originali.
Deest in Originali.