House of Lords Journal Volume 4: 14 April 1642

DIE Jovis, videlicet, 14 die Aprilis.

PRAYERS.

Ld. Pagett Leave to be absent.

Ordered, That the Lord Pagett hath Leave to be absent for Two or Three Days.

Dalbeer bailed.

John Dalbeere and Sir William Balfore, Knight, were called in, and acknowledged a Recognizance as followeth:

Johannes Dalbeere, et Gulielmus Balfore, Miles, recognoverunt seipsos debere Domino Regi in Mille Libris, levari ex Terris, Tenementis, Bonis et Catallis utriusque eorum, quilibet pro se, ad usum Domini Regis.

The Condition of the abovesaid Recognizance is, That, if John Dalbeere shall not depart this Kingdom until a Cause be heard between him and Annekin Vanhoven, touching Money due to her from him, then the said Recognizance to be void; else to be in Force and Virtue.

E. of Arundel and Lord William Howard's Bill.

Hodie 1^a vice lecta est Billa, An Act for ratifying of a Partition heretofore made, by and between the late Phillip Earl of Arrundle and the Lady Anne his Wife of the one Part, and the late Lord William Howard and the Lady Eliz. his Wife of the other Part.

Sir Robert Mansel, concerning his Glass house.

Upon reading the Petition of Sir Robert Maunsell, Knight, Vice Admiral of England, this Day in the House; it is Ordered, That a former Order of this House, dated the 13th of May last, concerning the said Sir Robert Mansell's Grant from His Majesty, for the sole making of Glass in England, shall be hereby ratified and confirmed in all Points; and that all Parties any ways concerned in this Order do take Notice of the Pleasure of the House, herein, and yield Obedience thereunto accordingly.

Ld. St. John's versus Benyon.

Next, this House proceeded to hear the Cause between the Lord St. Johns and George Benyon, a Silkman, in Cheapside.

The said Benyon being present, and Counsel ready on both Sides; the Counsel of the Lord St. Johns desired that the Petition of the Lord St. Johns might be read; which was accordingly done.

The Petition consisted of Two Charges:

"1. His Abuse and Injury done both to the King and His Majesty's Subjects, in assigning of Debts over to the King, and, by virtue of his Receiver's Place, oppressed many; which is charged as a general Crime, and concerns the Public.

"2. That the said George Benyon hath used Fraud in selling of his Wares to the Lord St. Johns."

The House Resolved, at this Time, To proceed upon the general Abuses, his undue assigning Debts over to the King when he was not indebted to the King; and will remit the Particulars that concern the Fraud used in his Trade, until the said Benyon's Witnesses are come to Town, to prove that the Bonds of the Lord St. John, made to Benyon, were in Consideration for Money lent, and not for Wares, as is alledged.

The Lord St. John's Counsel having opened the Parts of the Petition, and pressed the Particulars, the Answer of the said George Benyon was read; and the Counsel of the said George Benyon desired some longer Time, to peruse and have Copies of Records in the Exchequer, that so it may clearly appear to their Lordships that the said George Benyon is indebted to the King; and that then the Cause might be heard entirely together.

Benyon's Accounts referred to the Examination of Auditor Hill.

Hereupon they withdrew; and the Lords taking the same into Consideration, Ordered, That the Accompts between the Lord St. John and George Benyon, together with his Fraud, and excessive Rates set upon such Wares as were sold by the said Benyon unto the said Lord St. Johns, are hereby referred to the Account and Consideration of Mr. Auditor Hill, who, examining Witnesses upon Oath as there shall be Cause, shall certify the same to this House; and that, if there shall be any Necessity, a Commission under the Great Seal shall issue unto the said Auditor in that Behalf; and lastly, that the said Cause shall be heard here at the Bar, on Wednesday the 27th of this Instant April, at which Time the said Auditor is to attend this House with his Certificate, and the Witnesses formerly appointed are hereby commanded to attend the said Auditor, and afterwards the Cause at the said Hearing, if it shall be required; and the said Mr. Benyon to have Liberty to go abroad, with his Keeper, between this (fn. 1) and the 27th of April, to Mr. Auditor Hill, and his Counsel, and to such other Places where his Business is, to enable him to make his Defence to the Charge of the Lord St. Johns, depending in this House.

E. of Dorset Leave to be absent.

Ordered, That the Earl of Dorsett hath Leave to go and take the Air at Bansteed Downs, for his Healthsake.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in post meridiem hujus instantis diei, videlicet, diem Jovis, 14^m diem instantis Aprilis, hora 2^a, Dominis sic decernentibus.

Post meridiem.

PRAYERS.

Hatfield Level Bill.

The Earl of Dover reported from the Committee the Bill concerning Hatfield Levell, with the Amendments; which were read Twice, and approved of, and Ordered to be ingrossed.

Message from the H. C. with the Bill for Corporations to have the Benefit of the Act for reducing Irish Rebels.

A Message was brought from the House of Commons, by Sir Peter Wentworth, Knight of the Bath; which consisted of Three Parts:

1. To deliver to their Lordships a Bill, which hath passed the House of Commons, intituled, "An Act for to enable Corporations and Bodies Politic to participate of the Benefit of an Act lately passed, 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:" To which Bill the House of Commons desires their Lordships to give what Expedition they can conveniently.

Order for 500 l. to be paid to Mr. Loftus for Ireland.

2. The House of Commons desires their Lordships Concurrence in an Order to pay to Mr. Nic. Loftus Five Hundred Pounds, to buy Shoes for the Soldiers in Ireland.

To know when the Lords will be ready to give Judgement against Mr. Attorney General.

3. The House of Commons desires to know when their Lordships will be ready to give Judgement against Mr. Attorney General, upon the Impeachment brought up from the House of Commons, that so they may be present, with their Speaker, to demand it; conceiving it to be a Crime of a very transcendent Nature, against the Privilege of both Houses of Parliament, and indeed the very Being of Parliament.

Ordered, That this House will take into Consideration the Business concerning Mr. Attorney General on Saturday next, and then resolve what Judgement to give therein.

Next, the Order was read, as followeth:

Order for 500 l. to Mr. Loftus.

"It is this Day Ordered, by the Lords and Commons in Parliament assembled, That the Treasurers appointed by the Act of Contribution for the City of London do forthwith pay the Sum of Five Hundred Pounds to Mr. Nicholas Loftus, Deputy Treasurer at War for Ireland, to be employed by him in the buying of Shoes for the Soldiers in Ireland; and the Acquittance of the said Mr. Loftus shall be a sufficient Discharge for the Payment thereof."

Ordered, That this House agrees with the House of Commons in this Order.

The Answer returned to the Messengers of the House of Commons was:

Answer to the H. C.

That their Lordships will take the Business concerning Mr. Attorney General into Consideration; and, when they have resolved what Judgement to give, their Lordships [ (fn. 2) will send] the House of Commons Notice of it; and that this (fn. 2) House agrees unto the Order concerning the Five Hundred Pounds to be paid to Mr. Nic. Loftus.

A Message was brought from the House of Commons, by Mr. Rogers:

Message from the H. C. for a Conference, touching the Letters sent from the King to the E. of Holland and Essex.

That the Knights, Citizens, and Burgesses of the House of Commons, did desire a Conference with their Lordships, by a Committee of both Houses, so soon as it may stand with their Lordships Conveniency, touching the Matter of the late Conference, concerning the Letters which were sent from the King to the Earls of Essex and Holland.

2. Concerning the King's late Message.

Deputy Lieutenants for the County of Bucks.

3. To let their Lordships know, that the House of Commons have nominated Sir Richard Pigott and Sir Thomas Saunders, Knights, and Captain Stafford, to be Deputy Lieutenants for the County of Bucks; wherein they desire their Lordships Concurrence and Approbation.

4. To desire their Lordships would please to give Expedition in the Forms of the Deputations to be given to Colonels and Captains.

The Answer to this Message was:

Answer to the H. C.

That this House will give a present Conference, in the Painted Chamber, as is desired: That their Lordships do approve of the Persons now nominated to be Deputy Lieutenants for the County of Bucks: And that they will take the Form of the making Colonels and Captains into speedy Consideration.

Sir J. Sidley a Deputy Lieutenant of Kent.

Ordered, That Sir John Siddeley, of Ightam, is approved of by this House, to be a Deputy Lieutenant for the County of Kent.

L. Loftus's Cause.

Next, this House heard the Cause of the Lord Viscount Loftus; and, the Counsel being called in, the Speaker, by Direction of the House, told them, "That their Lordships are ready to hear this Cause; and, if it can be proved upon Oath that the Defendants have been served with the Order of this House, and they have neither put in Answers, nor appeared neither by themselves nor their Agents, the House will take it pro Confesso."

Then the Declaration, which was brought up from the House of Commons, was read, as followeth: videlicet,

Declaration of the H. C. concerning Lord Loftus.

"A Declaration and Desire of the Commons in Parliament, upon Complaint of Adam Lord Viscount Ely, late Lord Chancellor of Ireland, concerning an illegal Decree, and other unjust Proceedings, against the Lord Viscount Ely.

"That, a Marriage being had, in the Year One Thousand Six Hundred and Twenty, between Sir Robert Loftus, Knight, Eldest Son of the said Lord Viscount Ely, Lord Chancellor of Ireland, and Elioner, one of the Daughters of Sir Francis Rush, Knight, and thereupon a fair Estate settled by the said Lord Viscount Ely upon his said Son, and the said Lady, for her Jointure, who lived in House with him many Years without any Complaint, and were there plentifully maintained: Nevertheless afterwards, in the Year One Thousand Six Hundred Thirty-six, upon a Petition, in the Name of Sir John Gifford, Knight, and Half Brother to the said Lady, unto His Majesty, pretending several Breaches by the said Lord Loftus of the Agreement made upon the said Marriage, obtained a Reference from His Majesty unto the late Earl of Strafford, the Lord Deputy, and the Council of Ireland, to hear and determine the said Cause, and to have Care for the Honour of the said Family; and in March following another Petition was preferred, in the Name of the said Sir John Gifford, to the said Lord Deputy and Coucil, and delivered by Sir George Wentworth, Knight, who had married one other of the Daughters and Coheirs of the said Sir Francis Rush; both which Petitions were preferred without the Consent or Privity of the said Sir Robert Loftus, or any Complaint of his Part, for ought appeareth.

"Upon which latter Petition, varying much from the former in divers Particulars, and being grounded upon verbal Agreement only, made about Twenty Years before, which was denied by the said Lord Viscount Loftus; albeit the said Lord Deputy and Council had no Power at all to hear or determine the said Cause; yet, upon the single Testimony of One Witness, which also was very uncertain and various, the said Lord Deputy and Council proceeded to hear the said Cause; and thereupon, in February, One Thousand Six Hundred Thirty-seven, did make an unjust and extra-judicial Decree against the said Lord Viscount Loftus, whereby he was decreed to pay great Sums of Money for Arrearages pretended to be due to his said Son, and to settle his Lands to such Uses as by the said Decree is appointed, and to do and perform divers other Things, in the said Decree mentioned, against Equity and Conscience, and no Care was there taken for the Support of the Honour of the Family, according to His Majesty's Direction; whereupon the said Viscount Loftus was committed Prisoner to The Castle at Dublin, where he so continued a long Time, and for a great Part thereof close Prisoner, in great Extremity, to the Hazard of his Life; and, before he could attain his Liberty, or come over into England to seek Relief from His Majesty, was enforced to make Conveyance of his Lands, according to the Purport of the said Decrees, and to enter into a Statute of Four Thousands for Performance thereof; and the Revenue of his whole Estate, by Sequestration thereof made, by and in Pursuance of the said Decree, hath been received by the said Sir George Wentworth, and the Clerk of the Council of Ireland, ever sithence; and the said Lord Viscount Ely was put off from his Place of Chancellorship, and all other his Offices and Pensions in Ireland; by means whereof the said Lord Viscount Loftus, being a Person of Honour, his Lady and Daughter (yet unadvanced), are utterly deprived of all Means of Livelihood, and exposed to extreme Want and Misery; the said Sir Robert, his Eldest Son, and his Lady, being since dead, without Issue Male, leaving only One Daughter, inheritable of the said Land; and Sir Edward Loftus, the Younger Son, having only an Annuity of Two Hundred Pounds per Annum to live upon; and his Son, who is to inherit the said Honour, being to have nothing at all to support the same, if the said Decree should be executed.

"Upon all which Matters the House of Commons are of Opinion, That the said Decree, and all the Proceedings thereupon, are illegal, and ought to be canceled and made void; and that the Assurance made in the Pursuit of the said Decree were unduly procured, and ought to be vacated, and the Lands to be re-conveyed to the said Lord Viscount Ely, free from all Incumbrances since the Time of the said Decree; and that he ought to be restored to the Mesne Profits of his Lands, to have Satisfaction thereof from the Sequestrators, and others who have received the same by Colour of the said Sequestration-order, or of the said Decree, and the Statute of Four Thousand Pounds to be vacated; and that the said Viscount Ely ought to have Reparation and Satisfaction for the Damage by him sustained, by means of the said unjust Decree and other Proceedings thereupon, as well from the said Earl of Straford, as other the Parties thereunto.

"All which the said Commons do pray; and that such further Examinations may be had of the Premises, and such Reparations made for the said Wrongs and Oppressions, as to Justice shall appertain."

Witnesses for Lord Loftus.

Then Timotby Wainsley deposed upon Oath, "That he served the Order of this House, dated the 9th of December last, for the Hearing of the Cause this Day, upon the Heir General in Ireland."

And Loftus deposed upon Oath, "That he served the Order of this House for the Hearing of this Cause, upon Sir George Wentworth and the Lord Dillon in Ireland, and Sir Paul Davis."

The Cause to be further heard.

Ordered, That this House will proceed to hear this Cause of the Lord Viscount Loftus, on Saturday next, in the Afternoon; at which Time the Parties on both Sides, with their Counsel and Witnesses, are to attend.

Then this House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed.

Ordered, That the Report of this Conference shall be made To-morrow Morning; and that all the Lords that are in Town shall (fn. 3) have Notice to be present, and that this House shall be called To-morrow Morning.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 15^m diem Aprilis, 1642, hora 9^a Aurora, Dominis sic decernentibus.