DIE Jovis, videlicet, 31 die Martii.
Bill for avoiding Actions in some Cases.
Ordered, That the Committee for the Bill touching
the avoiding of some Suits are to meet on Monday next,
in the Afternoon, at Two of the Clock, in the Painted
Ld. Seymour's Letter about his Return to Parliament.
A Letter of the Lord Seymour was read, dated from
North'ton, the 30th of March 1642, intimating, "That
he had received at North'ton an Order of this House,
to command his Return to this House, which he intends as soon as he can:" Hereupon this House Ordered, That the Lord Seymour shall return unto the
Parliament with all convenient Speed.
Marquis of Hertford Leave to speak with the Archbishop of Canterbury.
Ordered, That the Lord Marquis of Hartford hath
Leave to speak with the Archbishop of Canterbury in
The Tower, about some private Business of his own.
E. of Danby versus Sir William St. Ravy.
Ordered, That the Cause of the Right Honourable
the Earl of Danby, against Sir William San Ravy,
Knight, shall peremptorily (fn. *) be heard at the Bar on
this Day Month, being the 28th of April next; at which
Time the Parties on both Sides are to produce their
Witnesses at the Hearing; and that the said Sir William
San Ravy, Knight, being served with this Order, or a
true Copy thereof left at his Lodging in London if the
be in Town, or at his House if he be returned into the
Country, shall be a sufficient Warning; and he is to attend the said Hearing, by virtue thereof, accordingly.
E. of Suffolk excused.
Ordered, That the Earl of Suffolke is excused for
his Absence this Day from the House.
Deputy Lieutenants for Suffolk.
Ordered, That this House approves of William
Cage and William Heveningham, Esquires, to be Deputy
Lieutenants for the County of Suffolke.
Committee to prevent Mutinies in the Navy.
The Lord Admiral signified to this House, "That there
hath been lately a Mutiny in the Navy; for the preventing of the like hereafter, his Lordship desired the
Directions of this House therein, and what is fit to
be done in it:" Hereupon this House appointed the
Committee of Lords to meet when they please, and
consider what they think fit to be done herein, and to
make Report thereof to this House.
The Names of the Lords Committees:
The L. Admiral.
Message to the H. C. with the Copy of the Kentish Petition.
A Message was sent to the House of Commons, by Sir
Robert Rich and Mr. Page:
To deliver the Copy of the Petition of Kent, which
the Earl of Bristoll delivered into this House.
Colonel Beeling to be brought to London, about the Irish Rebellion.
Upon Information this Day given to this House,
"That one Colonel Beeling and others were taken in
Suspicion, touching the present Rebellion in Ireland,
and are now in Custody with the Mayor of Pembrooke,
or Haverford West;" it is Ordered, That the said
Colonel, and all others now in Detention with him upon
Suspicion, touching the said desperate Treason, shall
forthwith be conveyed from Sheriff to Sheriff, and be
brought before the Lords in Parliament, whose Lordships will give such Directions touching the said Persons,
as they in their great Wisdoms shall think fit.
"To the Mayor of Pembrooke, and Haverford West,
and to all Sheriffs, and other His Majesty's
Officers, to be assisting herein."
Message from the H. C. for a Conference, touching a Charge against Benyon.
A Message was brought from the House of Commons, by Sir Christopher Wray, Knight.
To desire a present Conference, by a Committee of
both Houses, if it may stand with their Lordships Conveniency, touching a Charge against George Bynton.
The Answer returned was:
That this House will give a present Conference, as
is desired, in the Painted Chamber.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed.
Report of the Conference.
Then the Lord Keeper reported the Effect of the
Conference; which was, "That the Knights, Citizens,
and Burgesses of the House of Commons, have
brought up to their Lordships a Charge against George
Benion, with a Petition annexed."
The Charge was read, as followeth:
Articles of Impeachment against Benyon.
"Articles of Impeachment of George Benion, of
London, Silkman, by the Commons assembled
in Parliament, on the Behalf of themselves
and of all the Commons of England, of high
Crimes and Misdemeanors by him committed,
"Whereas, upon due and serious Consideration of
the imminent Dangers and present Distractions of this
Kingdom, by Means of the Rebellion in Ireland, and
of divers hostile Preparations and malicious Practices
both of Foreign and Domestic Enemies, against the
Peace and Safety of this Kingdom; and Ordinance of
Parliament was thought fit, and agreed upon by both
Houses of Parliament, to be presented to His Majesty, for His Royal Assent thereunto, for the speedy
settling of the Militia of this Kingdom in safe Hands,
and particularly that of the City of London (being of
so high Importance) in the Hands of such Persons as
were agreed upon by the Lord Mayor, Aldermen,
and Common Council of the same City, by and with
the Approbation of both Houses of Parliament; the
said George Benion, well knowing the Premises, and
being a Man of Power and Credit in the said City,
to the Intent to cross and hinder the said Ordinance,
and to set Division between His Majesty and the Parliament, and between the Parliament and the said
City, in or about the Month of February, One Thousand Six Hundred Forty and One, did wickedly and
maliciously contrive and frame a false, dangerous, and
seditious Petition, for and on the Behalf of himself
and divers other Citizens (which Petition is hereunto
annexed); a Copy whereof was afterwards, by himself and others, by his Instigation, presented to both
Houses of Parliament, containing therein divers false
and seditious Matters, particularly that the Ordering
of the Arms of the said City of London had Time out
of Mind been annexed to the Mayoralty for the Time
being, and insinuating that, if the same should be
conferred upon others, it would reflect upon the Government and Customs of the said City, which every
Freeman of the said City was, by his Oath of Freedom, bound to maintain, to the utmost of his Power;
and the said Benion, by false and sinister Persuasions,
Solicitations, and Practices, procured divers Citizens
to subscribe their Hands to the said Petition, contrary
to their Intent and true Meaning, being thereunto
misled and seduced by the said Benion; which Petition
was so contrived, framed, and published, by the said
Benion, on Purpose to divert His Majesty from assenting to the said Ordinance, and to work a Distraction
in the said City, and to bring the Parliament, City,
and whole Kingdom, into Disorder and Confusion.
"That the said George Benion, out of a malignant
and wicked Disposition, to scandalize the Parliament,
and to interrupt the Proceedings thereof, in or about
the Month of August last past, and and at several other
Times, did falsely and maliciously give out and utter
divers bold, arrogant, false, and scandalous Speeches,
in Derogation and Contempt of the Privileges of Parliament, and of the Peers therein assembled, and
particularly that the Privileges of Parliament were
become the greatest Grievance of the Kingdom; and
that he had the Power of the Chamber of London in
his Hands; and, if the Bill of Protections (which
Bill was then depending in Parliament) did not pass,
he had made that Stop in the Chamber of London,
that there should not be One Penny lent to the Parliament out of the said City; and swore by God, he
would have the said Bill pass, and would not leave a
Groat in the Chamber of London, but he would have
the Privileges of the Lords down, and make them
honest, and would make the Peers of this Realm as
subject and liable to Arrest, as the Noblemen of
France, Spaine; Poland, and other Foreign Countries; and said, he had computed the Lords Debts,
and that they owed more than would drive the great
Trade of the Kingdom; and further said, Now we
shall see, when the Clothiers come up in a Multitude,
what the Lords will do; for, said he, if the Multitude had not come, Strafford had not lost his Head,
meaning thereby the Earl of Strafford, lately executed for High Treason: And the said George Benion, in
a further Manifestation of his Hatred and Disaffection
towards the Parliament, and to stir up the like Hatred
in others, in or about the Month of July last past, he
the said Benion, speaking of the Parliament, did falsely and maliciously utter these false and scandalous
Words touching the same; videlicet,
"That they much complained of the King's arbitrary
Power; and yet they go about an arbitrary Government themselves, which, being Four Hundred, will
be more grievous than (fn. *) the other.
"All which Matters and Things were committed and
done, by the said George Benion, wittingly and maliciously, contrary to the Rights and Privileges of Parliament, and to the Laws of this Realm, to the evil
Example of others, and to the great Danger of the
said City and Kingdom: And the said Commons, saving to themselves the Liberty of exhibiting any other
Accusation or Impeachment against the said George
Benion, and also of replying to the Answer that he
shall make to the said Articles, or any of them, or
of offering Proof of the Premises, or of any of
them, or of any other Accusation or Impeachment
that shall be exhibited, as the Case, according to the
Course of Parliament, shall require; do pray, that
the said George Benion may be put to answer the said
several Crimes and Misdemeanors, and to receive such
condign Punishment as the same shall deserve, and
that such Proceedings upon them, and every of them,
may be had against him, as is agreeable to Law and
"To the Right Honourable the Lords and Commons, now in Parliament assembled.
"The humble Petition of the Citizens of London,
whose Names are underwritten,
"That the City of London hath, Time out of Mind,
enjoyed the Ordering of their own Arms, which hath
successively been annexed unto the Mayoralty for the
Time being; the Lord Mayor having always been a
Person of Worth and Quality, and of their own
Choice, and hath still advised with the Court of Aldermen in the Execution thereof; so that, if the same
should be conferred upon others, we humbly conceive it would not only be a Personal Dishonour to the
Lord Mayor, but also reflect upon the Government
and Customs of the City of London, granted to the
Citizens by the Great Charter of England, and confirmed by divers Acts and Charters since that Time,
and which every Freeman of the said City is, by the
Oath of his Freedom, bound to maintain, to the uttermost of his Power.
"This Honourable Assembly may be pleased to take
into their grave Consideration, that Alteration in the
ancient Government in this Renowned City may breed
greater Distractions and Inconveniencies than for the
present can be discerned, or in the future can be
"Wherefore our humble Desire is, That, since the
Government hath by Experience been found
for the Honour of His Majesty, the Good of
this City and whole Kingdom, and that in the
most troublesome Times, as that it hath been
admired and commended by Strangers, before
any other City in the known World; that the
same, by your Honourable Favour, may be
continued as in former Times, without Alteration:
"And they shall pray, etc."
Observations upon Benyon's Charge.
The Articles being read; it was observed, and offered to their Lordships Consideration, "of what a Condition and Spirit this (fn. *)
Benion was, and how fit a Person to act such a Mischief; that he is a Man of a turbulent Spirit and unruly Tongue, a Citizen and Freeman of the City of London, which is the Metropolis
and Epitome of the Kingdom, the Strength whereof
is in the Government of the Common Council.
"That this Plot was like another Trojan Horse, full
of Variety of Mischiefs, and pestilential Designs of
Discord, according to Machiavill's Rule, Divide et
impera; to divide between the King and His People,
the Parliament and the City, and the City between
itself; like a Worm gnawing between the Bark and
"The Circumstances and Gradations of this Offence
ascend to a great Height; as having Reference to the
Common Council, whereto he ought to have submitted, being involved in the Votes; but he abounds in
his own Sense, and spurns against it.
"2. It hath Reference to the annihilating and opposing the Ordinance of both Houses of Parliament for
settling the Militia, the Parliament having Power of
declaring what the Law is concerning itself; and also
it lays a great Charge on both Houses, for arbitrary
Power, Ambition, and Injustice, and hath scandalized
their Members and Privileges.
"3. Concerning the Time when Bynion committed
these Offences; it was when the Kingdom was full
of Fears, Dangers, and Distractions; and, taking
Advantage of this Opportunity, he endeavoured to
put all into Confusion; so as the Bark was not to be
saved, but by casting Anchor, and standing together,
and opposing these Mischiefs.
"He did not only act his Part himself, but persuaded
others, both at The Exchange and at the Scrivener's
Shop, to subscribe the Petition, which was a Thing
contrary to the Opinion of the Common Council, as
being a Matter of great Presumption, and tending to
Sedition; for, it is feared, the Consequence of this
Example will be an Occasion to other Places to follow
the same Steps, whereof some Passages have already
"The House of Commons desires, for these Offences, that exemplary Punishment may be inflicted
upon the said George Benyon, according to Justice."
Benyon brought to the Bis, to hear his Charge read.
This being reported; The House Ordered, That Mr.
Benyon should be brought to the Bar, to hear his Charge
read; and accordingly he was brought as a Delinquent,
kneeling, until he was bid by the Speaker to stand up,
and his Charge was read unto him; which being done,
he was demanded what Answer he would make to the
said Charge; and he humbly desired that he might
have a convenient Time given him to make his Answer;
and, for the better enabling of him thereunto, he desired he might have Counsel assigned unto him, and he
have Liberty to go unto them to instruct them; and
that he may have a Copy of his Charge.
Time given for him to put in his Answer, and Counsel assigned him.
Then he was commanded to withdraw; and the House
taking these Requests into Consideration, Ordered,
That the said George Benyon shall put in his Answer to
the Articles of Impeachment brought up from the
House of Commons against him, on Monday next, being
the 4th Day of April, 1642; and that, in the Interim,
the said George Benion shall have free Liberty, for the
enabling himself to make his said Answer, to go to his
Counsel, and to his own House, or elsewhere, with his
Keeper; and that his Counsel formerly assigned to him
shall be likewise assigned for him in this Cause.
Then George Benyon was called in; and the Speaker
told him what this House had Ordered, as aforesaid.
Time for him to answer the L. St. John's Petition.
Ordered, That George Benyon shall put in his Answer to the Petition of the Lord St. Johns, exhibited
in this House against him, on Friday the First of April.
A Message was brought from the House of Commons, by Sir Henry Vane, Junior:
Message from the H. C. for the Committee to examine the Kentish Petition to meet.
To desire that the Committee for the Examination of
the Business touching the Kentish Petition may have a
Time appointed, to meet and examine some Witnesses
that stay in Town to be examined; and that the Committees may have Power given them to meet as often as
they shall see Cause, from Time to Time.
2. To desire that their Lordships would please to
sit a while, because the House of Commons shall have
Occasion to impart something of Importance to their
Committee to meet about it.
Ordered, That the Committee for examining the
Business concerning the Kentish Petition have hereby
Power given them to meet, from Time to Time, as
often as they please, and this Afternoon, at Three of
the Clock, in the Painted Chamber.
Ordered, That this House shall sit a while, as is
desired by the House of Commons.
The Answer returned to the Messengers was:
Answer to the H C.
That this House hath appointed the Committee for
the Kentish Petition to sit this Afternoon, at Three of
the Clock, in the Painted Chamber, and hath given
them Power to meet afterwards, from Time to Time,
as they please; and that this House will fit a while, as
E. of Carlile Leave to be absent.
The Earl of Carlile hath Leave to be absent for a
Absent Lords excused.
The Earl of Nottingham and the Lord Dacres were
excused for being absent this Day.
Lady Hastings versus Mr. Poulton.
Ordered, That the Cause of the Lady Hastings,
against Francis Poulton, Esquire, shall be heard on
Wednesday the Sixth of April next at this Bar; and both
Parties, having Notice, are to attend with their Counsel accordingly: And further it is Ordered, That the
said Lady Hastings shall have a Warrant for her Witnesses to attend the said Hearing, upon the returning
of their Names unto the Clerk of the Parliament.
L. Loftus's Cause.
Ordered, That the Cause of the Lord Viscount
Loftus shall be heard To-morrow in the Afternoon, at
this Bar; at which Time Parties and Witnesses on both
Sides are to attend.
The Bishops petition to be bailed.
The Petition of the Bishops in The Tower, that are
impeached by the House of Commons, was read; desiring, "That some speedy Order may be taken for
their Enlargement upon Bail or otherwise, as their
Lordships shall think fit."
To be communicated to the H. C.
Ordered, That this Petition be communicated to the
House of Commons, and they to be desired to hasten
the Proceedings against the Bishops with all Expedition.
A Message was brought from the House of Commons, by Sir Anthony Eareby, Knight:
Message from the H. C. for a Conference concerning a Message from the King.
To desire a Conference, by a Committee of both
Houses, so soon as it may stand with their Lordships
Conveniency, touching a Message lately received from
The Answer returned to this Message was:
That this House will give a present Meeting, in the
Painted Chamber, as is desired.
Bill to amend the Act for reducing the Irish Rebels.
vice lecta est Billa, An Act for adding and
explaining of certain Clauses in another Act, made this
Parliament, intituled, "An Act for the speedy and effectual reducing of the Rebels, in His Majesty's Kingdom of Ireland, to their due Obedience to His Majesty, and the Crown of England."
And, being put to the Question, it was
Resolved, To pass as a Law.
A Message was sent to the House of Commons, by
Sir Robert Rich and Mr. Page:
Sent to the H. C.
To deliver the aforesaid Bill to them; and to tell
them (fn. *) that this House hath passed the same.
Day for calling the House, and subscribing the Adventure for Ireland.
Ordered, That this House shall be called on Saturday next; and then the subscribing for the Adventure of Ireland is to be propounded to the Peers; and
those that will are then to subscribe.
Committee for the Collections for the Poor of Ireland.
Ordered, That the Committee appointed for the
disposing of the Collections for the Poor of Ireland,
collected in this House, shall meet, and dispose of the
same; and these Lords following shall be added to the said
The L. Admiral.
The E. of Holland.
|The L. Viscount Say & Seale.
The L. Bruce.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended,
the Lords returned, and the House was resumed.
The King's Answer from York to be considered.
Ordered, That this Report be made To-morrow;
and that all Businesses (excepting the Committee for
Ireland and the Committee for the Kentish Petition) are
put off until the Houses have considered of His Majesty's late Answer sent from Yorke unto the Parliament.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris,
videlicet, 1m diem Aprilis, 1642, hora 9a Aurora,
Dominis sic decernentibus.