House of Lords Journal Volume 4: 21 March 1642

DIE Lunæ, videlicet, 21 die Martii.

PRAYERS.

Lord Keeper not well, Lord Cuief Justice appointed Speaker.

The Lord Keeper, being not able to perform the Place of Speaker, in regard of the Indisposition of his Health, desired Leave of this House to be absent for some few Days; which their Lordships granted.

Then this House appointed the Lord Chief Justice of the Common Pleas to be Speaker.

Earls of Pembroke and Holland commanded to attend the King, by Letters, to celebrate the Feast of St. George, or to keep it at Home.

The Earl of Pembrooke and Mountgomery and Earl of Holland acquainted the House, "That they had received Letters from His Majesty, commanding them to attend Him at Yorke, for celebrating the Feast of St. George, according to their Oaths; but with this Clause, that, if they came not down to Yorke, that then they should keep it in their own Houses;" in which their Lordships desired the Directions of this House: And the House taking into serious Consideration the great and weighty Affairs now in Agitation, and how the Presence of all the Lords was requisite; Ordered, That the Earls of Pembrooke and Holland attend the weighty Affairs of the Kingdom now discussed in Parliament, whereunto they are obliged by His Majesty's Writ and the Laws of the Land: And it is further Ordered, That the Messengers that are sent next to the King shall acquaint His Majesty herewith.

Tonnage and Poundage Bill.

Hodie 2^a et 3^a vice lecta est Billa, An Act, intituled, A Subsidy granted to the King, of Tonnage and Poundage, and other Sums of Money, payable upon Merchandizes exported and imported."

And, being put to the Question, it was Resolved, To pass as a Law, nemine contradicente.

Bill for punishing John James.

Next, the Committee reported the Bill concerning John James, with the Amendments and Proviso; which, being read Thrice, were approved of by the House.

D°.

Hodie 3^a vice lecta est Billa, An Act for the Forfeiture of the Lands and Hereditaments of John James, and for the further Punishment of the said John James.

And, being put to the Question, it was Resolved, That this Bill, with the Alterations and Proviso, shall pass as a Law.

Bill against Exportation of Wools.

Hodie 2^a vice lecta est Billa, An Act against the Exportation of Wool, Woolfells, Mortlings; Shortlings, Yarn made of Wool, Wool-flocks, Fullers-earth, and Fulling-clay.

Committed to these Lords following:

Their Lordships, or any Four, to meet on Thursday next, in the Afternoon; and shall have Power to send for Merchants, and other Persons they think fit, to inform them concerning this Business.

A Message was brought from the House of Commons, by William Strode, Esquire:

Message from the H. C. that George Benyon may not be bailed.

To let their Lordships know, "That whereas George Benyon was committed by their Lordships to The Tower of London, for divers high Misdemeanors, that, since his Commitment, there hath been Discoveries of further Matter against him of divers Businesses, wherein he hath been very seditious; and the House of Commons considering the City of London to be a populous City, and of great Concernment, it may produce very (fn. 1) ill Effects in the Affections of the People to let out such a dangerous Person as he is: Therefore the House of Commons do desire their Lordships, that the said Benyon may not yet be bailed, before there be further Examinations therein."

Bailing George Benyon deferred.

The House taking this Message into Consideration; and, after Debate, the Question was put, Whether the Bailing of George Benyon shall be deferred until the Business shall be further examined?

And it was Resolved affirmatively.

He is remanded to The Tower.

Hereupon this House Ordered, That the said GeorgeBenyon shall be remanded to The Tower of London, there to remain until the Pleasure of this House be further known.

The Answer returned to those that brought this Message was:

That this House hath Resolved, That George Benyon shall not be bailed until the Business be further examined.

The Cause of Earl Rivers and Lord St. John against him to be heard.

Ordered, That the Cause of the Earl Rivers and the Lord St. Johns, against George, shall be heard on Saturday Morning next; and, in the mean Time, Mr. Benion's Counsel shall have Liberty to come to him to The Tower, to be instructed in his Cause; and that an Order shall issue out, to bring the said George Benyon at the Time aforesaid.

Sir Henry Herbert Leave to recruit his Company for Holland.

Ordered, That Sir Henry Herbert shall have Leave to entertain and transport Thirty Men, Voluntiers, to recruit his Company, in the Service of The States of the United Provinces; and it is likewise Ordered, That Captain Moore shall (fn. 2) have Leave to entertain and transport Five and Twenty Men, Voluntiers, to recruit his Company.

E. of Bristol Leave to go into the Country.

Ordered, That the Earl of Bristoll hath Leave to retire himself into the Country, for Recovery of his Health.

L Dunsmore, D°.

Ordered, That the Lord Dunsemore hath Leave to retire himself into the Country, for his Health, for Four or Five Weeks.

The House of Commons being come, this House was adjourned during Pleasure, and the Lords went to the Conference; which being ended, the House was resumed; and the Lord Robertes reported from the Conference:

Report of the Conference about the Propositions of the Commons.

"That the House of Commons agree in the adding of these Words ["in or about"] in the Message to be sent to the King.

No Forces to be admitted into Hull without Authority of both Houses.

"As for the Alteration in the Proposition that no Forces shall be admitted by the Governor into Hull, the House of Commons do not agree with their Lordships in the Alteration, but do adhere to that which they brought, and desire their Lordships to concur therein.

Men levied in the North without Consent of both Houses to be suppressed.

"And concerning their Lordships Doubt whether the Proposition for the Lords Lieutenants, and the Sheriffs of the Northern Counties, to observe the Orders of both Houses, to suppress raising of Men, be not a Weakening to the former Orders of both Houses given to the Sheriffs; the House of Commons conceives it is not: But, for the making it the more clear, (fn. 3) a Letter may be written to that Effect, to the Lords Lieutenants and the Sheriffs."

Lords agree with the Commons in these Propositions.

Ordered, That this House agrees with the House of Commons in the aforesaid Propositions, as they propounded them.

Then this House was adjourned again during Pleasure; and the Lords went to let the House of Commons know, that this House agrees with them in the Propositions, according to the Effect of this Conference.

Watkins versus Ward.

Upon Report this Day made unto this House, by the Lords Committees for Petitions, "That it appeared unto their Lordships, that Edward Watkins and Thomas Ayleway commenced a Suit in the Common Pleas, against John Robinson, Richard Ward, and Christopher Digbton, concerning their Right, and to that End to try their Title and Right, to the Searcher's Place of Gravesende, as belonging to the Port of London; After which, the said John Robinson, Richard Warde, and Christopher Digbton procured an Injunction out of the Court of Exchequer, upon this Ground, that the said Cause was there depending, and that the Plaintiffs and Defendants were all Officers belonging to His Majesty's Exchequer, and that the Cause ought there to be determined:" All which their Lordships considering, do refer the Examination of the Jurisdiction and Privileges of the Court of Exchequer, touching the Proceedings in this particular Cause, to the Judges of the King's Bench, who are to peruse the Patents and Records, and certify to this House the true State of the Cause concerning the Proceedings in the said Court of Exchequer and Common Pleas, together with their Opinion concerning the same; and then their Lordships will proceed further therein.

Atkinson versus Dayntry.

Ordered, That the Petition of Joseph Atkinson, His Majesty's Millener, and John Dayntry, Gentleman, shall be taken into Consideration at the same Time when the Cause between Mr. Watkins and Mr. Warde is heard.

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 22^m diem instantis Martii, hora 9^a Aurora, Dominis sic decernentibus.