DIE Veneris, videlicet, 8 die Aprilis, post meridiem:
PRAYERS.
Guards may go when the Houses rise.
Ordered, That the Guards that attend the Parliament shall (fn. *) have Liberty to go Home as soon as both
Houses rise.
E. of Bristol, Liberty to go abroad with a Keeper.
Upon reading the Petition of the Earl of Bristoll,
desiring, for his Health-sake, and soliciting of his necessary Affairs, he may have Leave (either upon his
Honour for his true Imprisonment, or with a Keeper)
to go abroad; it is Ordered, That the Earl of Bristoll shall have Liberty to go abroad out of The Tower,
with a Keeper, for his Health-sake, and to look after
his necessary Affairs, provided he return every Night to
The Tower again.
Steward's Cause.
Ordered, That Mr. Steward's Cause shall be heard
To-morrow Sevennight, before the Committee.
Message to the H. C. that the Lords are ready to give Judgement against Benyon.
A Message was sent to the House of Commons, by
Serjeant Ayliff and Serjeant Fynch:
To let the House of Commons know, That the
Lords are ready to give Judgement against George Benyon, if the House of Commons will come and demand
it, with their Speaker.
The Peers, in the mean Time, put on their Robes.
Answer.
The Messengers return with this Answer:
That the House of Commons will come presently,
with their Speaker, and demand Judgement of their
Lordships against George Benyon.
The Speaker of H. C. demands Judgement against Benyon.
The House of Commons being come; George Benyon
was brought to the Bar, by the Gentleman of the Black
Rod; and, after he had kneeled until he was bid to
stand up, than the Speaker of the House of Commons
said, "That the Knights, Citizens, and Burgesses of
the House of Commons, having impeached before
their Lordships George Benyon, Silkman, of London,
for divers Crimes and Misdemeanors; the said Commons have commanded him, in the Name of themselves, and all the Commons of England, to demand
Judgement of their Lordships against him."
Sentence against Benyon.
Then the Lord Chief Justice of the Court of Common Pleas, being this Day Speaker, by the Directions
of the House, pronounced the Sentence against the said
George Benyon, as followeth: videlicet,
"Whereas George Benyon hath been impeached, by
the Knights, Citizens, and Burgesses of the House of
Commons, for the wicked and malicious contriving
and framing of a false, dangerous, and seditious Petition, containing therein divers false, scandalous, and
seditious Matters; and likewise for divers arrogant,
false, and scandalous Speeches, in Derogation, and in
Contempt, of the Privileges of Parliament, and of
the Peers therein assembled; the Lords, having taken
the said Charges into their due Consideration, do find
the said George Benyon guilty of the contriving and
framing the said false, dangerous, and seditious Petition; and, for that Offence first charged, this High
Court doth award and adjudge:
"1. That the said George Benyon, for this Offence,
shall be disfranchised the City of London.
"2. That he shall be for ever hereafter incapable
of bearing any Place of Office in the Commonwealth.
"3. That he shall be fined Three Thousand
Pounds to our Sovereign Lord the King.
"4. That he shall be imprisoned in The Castle of
Colchester, for Two Years.
"5. That, after the Two Years Imprisonment, he
shall put in such Sureties for the good Behaviour as this House shall think fit; and,
if this House sits not, then such Sureties as
the Lord Keeper shall approve of."
This being done, the Commons, with their Speaker,
returned to their own House.
Returned to The Tower.
Ordered, That George Benyon shall be returned to
The Tower of London, there to continue until the Pleasure of this House be further known.
Liberty to go abroad to his Counsel.
Ordered, That George Benyon shall have Liberty,
by virtue of this Order, to go to his Counsel, and to
peruse his Papers, with his Keeper (but otherwise not
to go abroad), that thereby he may be enabled to
make his Defence, in the Cause depending in this House
against him, upon the Petition of the Lord St. Johns;
which Cause is to be heard before the Lords in Parliament on Thursday the 14th of this Instant April, 1642.
Message from the H. C. concerning
A Message was brought from the House of Commons,
by John Crewe, Esquire; which consisted of these Parts
following:
Reforming Innovations in the Church.
1. To desire their Lordships Concurrence, in an Order, concerning the reforming of some Innovations in
the Church.
For a Conference about
2. To desire a Conference, by a Committee of both
Houses, presently, if it may stand with their Lordships
Conveniency,
Good Correspondence between the Two Kingdoms. Perfecting the Treaty with the Scots concerning Ireland, and Removing Animunition from Hull.
1. Touching the good Correspondency between
the Two Kingdoms of England and Scotland.
2. Touching the perfecting of the Treaty with the
Scotts, concerning Ireland.
3. To desire a present Conference, by a Committee
of both Houses, touching the removing of the Ammunition from Hull.
Then the Order for Reformation in the Church was
read, as followeth:
Order concerning Innovations in the Church agreed to.
"The Lords and Commons do Declare, That they
intend a due and necessary Reformation of the Government and Liturgy of the Church, and to take
away nothing in the one or the other but what shall be
evil, and justly offensive, or at least unnecessary and
burdensome; and, for the better effecting thereof,
speedily to have Consultation with godly and learned
Divines; and because this will never of itself attain
the End sought therein, they will therefore use their
utmost Endeavour to establish Learned and Preaching
Ministers, with a good and sufficient Maintenance,
throughout the whole Kingdom, wherein many dark
Corners are miserably destitute of the Means of Salvation, and many poor Ministers want necessary Provision."
Resolved, upon the Question,
That this House agrees with the House of Commons
in this Order now read.
Ordered, To give a present Conference, and Free
Conference, as is desired, in the Painted Chamber.
The Answer returned to the Messengers was:
Answer to the H. C.
That this House agrees with the House of Commons
in the Order now brought up; and that their Lordships
will give a present Conference, and Free Conference,
in the Painted Chamber, as is desired.
Committee for Depredations.
Ordered, That the Committee for Depredations
shall meet on Tuesday come Sevennight, and put the
Causes depending in this House before them into some
Way of Expedition.
The Lord Viscount Saye & Seale,
The Lord Wharton, and
The Lord Robartes,
Were appointed by the House to report this
Conference.
Report of the Conference, about removing Arms, etc. from Hull.
The House was adjourned during Pleasure, and the
Lords went to the Conference; which being ended, the
House was resumed; and the Lord Viscount Saye &
Seale reported the Effect of the Conference; which was,
That the House of Commons did not yet see any
Reasons to change their former Resolutions for the
removing of the Arms and Ammunition from Hull to
London.
"1. It being so far remote, and the King at such a
Distance, it would retard the Business to send to Him;
and Delay would prove very prejudicial to so important a Business as requires Haste.
"2. The Kingdom is at this Time in imminent Danger; and the North Part of this Kingdom, they conceive, may be in the most Danger.
"3. The Kingdom is at a great Charge, in keeping
a Garrison of Nine Hundred Men in that Town, which
is a certain Charge.
"4. It would be fruitless, as they conceived, to send
to His Majesty; having had so many Denials of late
to their just Demands."
Lords adhere to their former Vote concerning Hull.
Hereupon the House taking these Things into Debate, it was Resolved, upon the Question, That this
House adheres to their former Vote concerning this Business of Hull.
Scots Propositions concerning Ireland.
The Second Part of this Conference was: "To acquaint their Lordships with some Resolutions concerning
the Scotts Propositions, touching the Affairs of Ireland,
wherein they desire their Lordships Concurrence."
The Resolutions were read, as followeth:
Scots Officers Pay.
"Resolved, upon the Question,
"That the Colonel, Lieutenant Colonel, and Serjeant Major, of the Scotts Army, shall have the same
Allowance for their Waggons, as the like Officers of
the English Army have.
"Resolved, etc.
Allowanes for Waggons.
"That the Captains of the Scotts Army shall have
the same Allowance for their waggons as the Captains of the English Army have.
"That it be referred to the General of the Scotts
Army, to save what he may or can from such Companies as remain in Garrison, and in such Times as there
is no Need of Waggons.
General of the Scots Army to save what he can from such Officers as are not in actual Service.
"Resolved, etc.
"That it be referred to the General of the Scotts
Army, to save what he may or can, from such of the
Officers of the Field as shall not be actually employed
in the Field.
Provisions for the Scots Army.
"Resolved, etc.
"That, for Provision of Victuals for the Scotts Army, the Parliament will take Care that there shall be
a sufficient Provision always in Magazine, of such
Kind of Victuals as they shall desire, and at such Rates
as they can afford them, and as shall be offered
to the English Forces there, unless they shall undertake it themselves. For the Carts for the Ammunition, Match and Bullet, a Sum of Money shall be
deposited in the Deputy Treasurer's Hands, for the
buying of them.
Powder for Carrickfergus.
"Resolved, etc.
"That Twenty Lasts more of Powder shall be provided, to be sent to Carrickfergus.
Order to impress Two Thousand Pounds to the Scots General for Fortifications, etc.
"Ordered, That, by the Warrant of the Lord
Lieutenant of Ireland, the Deputy Treasurer at War
for Ireland shall have Power to impress to the General of the Scotts Army Two Thousand Pounds, for
Fortifications, Intelligences, and other Accidents, so
that there be not above the Sum of Two Thousand
Pounds in a Year impressed upon these Occasions,
without particular and special Warrant from this
House."
Ordered, That this House agrees in all these Resolutions and Orders, with the House of Commons.
Good Correspondency between both Kingdoms.
The Third Part of the Conference was, "Concerning the keeping of a good Correspondency between
the Two Kingdoms of England and Scotland; and, to
the End that that Kingdom may be rightly informed
of the Proceedings of this Parliament, to avoid all
Jealousies in this Time of Design of a malignant Party
to set the Kingdoms into Distractions, the House of
Commons have for the present drawn up a short Declaration (but are in Hand about a larger), which
they desire their Lordships would please to concur
with the House of Commons in, and to Order the
Lords Commissioners to communicate this to the Scotts
Commissioners from the Parliament, and to desire
them they would send the same to the Council in
Scotland; and the House of Commons have appointed their Commissioners to do the like from their
House."
The said Declaration was read, in hæc verba: videlicet,
Declaration for keeping good Correspondency between both Kingdoms.
"The Lords and Commons in Parliament assembled,
understanding that the Commissioners from Scotland
do send One of their Number to the Council of that
Kingdom, to give them an Account of the State of
the Treaty concerning the Supplies of Ireland, which
we hope will be speedily concluded; and being desirous to take all Occasions to express their Care
and Zeal to maintain the good Correspondency between the Nations (which both Parliaments have obliged themselves, by solemn Vow and Protestation, by
all good Ways and Means to preserve); and having
Cause enough to doubt that, at this Time, ill-affected
Persons to the Good and Peace of both Kingdoms may
take Occasion, from His Majesty's absenting Himself
from His Parliament, to misconstrue and misinterpret
their Actions; and calling to Mind the Wisdom of the
Parliament of Scotland, to prevent all Misapprehensions in Cases of the like Difficulty and Importance,
by giving a timely and right Understanding of their
Proceedings unto the Kingdom of England; invited
by their Example, and to the End that all Testimonies
of mutual Affection between the Two Nations may be
reciprocal; they hold it fit to impart unto them the
Truth and Clearness of their Proceedings; that they
have given no Cause or Occasion to His Majesty to
withdraw Himself at this Time from His Parliament;
but it hath wholly and solely proceeded from the ill
Counsels and Suggestions of ill-affected Persons, who
have also stirred up His Majesty, by Declarations and
Messages, to lay several great and heavy Imputations
upon the Parliament, and to disaffect Him to their
Proceedings; whereby they are inforced, for the clearing of themselves and their Actions from such Aspersions, to set forth a Declaration unto this Kingdom,
which when they have perfected, they intend also to
send to the Council of Scotland, that it may be communicated to that Kingdom, to give them more particular Satisfaction concerning their Intents and Actions; assuring them, in the mean Time, that their
Aims and Ends are conjoint with theirs, to maintain
and advance the Honour and Greatness of His Majesty, the Peace and Prosperity of His Kingdoms, and,
most of all, the Truth and Sincerity of the Protestant
Religion within all His Dominions."
To be sent to Scotland.
Ordered, That this House agrees with the House
of Commons in this Declaration, to be sent to the
Council of Scotland from both Houses of Parliament;
and that the Lords Commissioners do deliver the said
Declaration to the Scotts Commissioners, to be sent into
Scotland.
A Message was brought from the House of Commons,
by Sir John Potts, Baronet:
Message from the H. C. that the Earl of Warwick may settle the Officers for the Militia in the Counties of Norfolk and Essex;
To let their Lordships know, that they taking Notice
of the Earl of Warwicke's going to Sea shortly, and he
being Lord Lieutenant of the County of Norff and
Essex, they are desirous that his Lordships would settle
the deputing of Colonels and Captains, and other Officers, in those Counties, before he goes; for which
Purpose the House of Commons have prepared a
Draught of a Form for deputing Colonels and Captains,
according to the Ordinance for the Militia; wherein
they desire their Lordships Concurrence.
and for the Earl of Bridgewater to deliver up Papers concerning the Isle of Anglesey.
2. The House of Commons desires that their Lordships would please to send to the Earl of Bridgewater,
to desire him to deliver unto the now Lord Lieutenant of
the Isle of Anglesey such Papers as he hath in his Custody, concerning that Isle, and the Militia thereof.
Agreed to.
Committee to consider of the Forms of Colonels and Captains Commissions in the Militia.
Then the Forms for Colonels and Captains were read;
and Ordered to be referred to the Consideration of
these Lords following, who are to make Report thereof
to this House: videlicet,
|
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The L. Admiral.
The L. Chamberlain.
Comes Holland.
L. Viscount Saye & Seale. |
Ds. Wharton.
Ds. Kymbolton.
Ds. Brooke.
Ds. Robartes. |
The Answer returned to the Messengers was:
Answer to the H. C.
That this House agrees with the House of Commons,
in sending to the Earl of Bridgwater; concerning the
Forms of the Deputations to Colonels and Captains, this
House will send an Answer, by Messengers of their own,
in convenient Time.
Lord Strange Leave to be absent.
Ordered, That the Lord Strange hath Leave to go
into the Country, to see his Father, being sick.
Adjourn.
Dominus Capitalis Justiciarius de Communi Banco
declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, videlicet, 9m diem instantis Aprilis,
hora 10a Aurora, Dominis sic decernentibus.