House of Lords Journal Volume 4: 4 April 1642

DIE Lunæ, videlicet, 4 die Aprilis.

PRAYERS.

The Lord Chief Justice of the Common Pleas was appointed to be Speaker this Day.

Lady St. John versus Wadsworth and Goldsmith.

Upon the reading of a Petition of the Lady St. Johns, with several Affidavits thereunto annexed, complaining, That James Wadsworth, and Fulke Gouldsmith, Two Messengers of the House of Commons, have lately entered into her House, and affronted, assaulted, and abused her, in an insolent Manner;" it is Ordered, That the said Wadsworth and Gouldsmith shall forthwith, upon Sight hereof, appear before the Lords in Parliament, and shew by what Warrant they did search the House of the said Lady St. Johns.

L. Keeper Leave to be absent.

Ordered, That the Lord Keeper, in regard of his ill Health, hath Leave to be absent until Thursday next.

L. Seymour attended the House.

L. Seymour to attend this House, and is excused going to York.

This Day the Lord Seymour attended this House, according to their Lordships Order; and he gave the House an Account, "That, he having Leave of this House to go to his own House in Wiltshire to settle his Affairs there; in his Journey he was overtaken by a Messenger, who delivered him a Letter from the King, commanding him to come to Yorke, to attend His Majesty: His Lordship, having received this Command, went presently towards Yorke; and being at North'ton, his Lordship received an Order of this House to attend their Lordships, and return back hither; which his Lordship hath accordingly obeyed, and is come to know their Lordships Pleasure:" Hereupon this House Ordered, That the Lord Seymour shall attend this House, as a Peer of the Realm, and be excused for his going to Yorke at this Time, in regard of the great Businesses now in Agitation in Parliament.

E. of Warwick attended the House.

Next, the Earl of Warwicke signified to this House, That he was come to attend their Lordships, according to an Order on Saturday last."

Then the Desire of the House of Commons was read; which was, "To join with them to require the Lord Admiral, to depute the Earl of Warwicke to command this Summer's Fleet in chief; and that their Lordships will enjoin the Earl of Warwicke for to undertake this Charge, and to put to Sea accordingly."

E. of Warwick enjoined to undertake the Charge at Sea.

And, being put to the Question, it was Resolved, That this House doth join with the House of Commons in this Vote now read, to require the Lord Admiral to depute the Earl of Warwicke to command this Summer's Fleet in chief; and to enjoin the Earl of Warwicke for to undertake this Charge, and to put to Sea accordingly.

Protest against it.

Before the putting of this Question; these Lords following desired Leave of the House to enter their Dissents to this Vote, which the House granted:

The Order for the E. of Warwick to go to Sea.

Ordered, by the Lords and Commons now assembled in Parliament, That the Right Honourable the Lord High Admiral of England is hereby required to depute the Right Honourable the Earl of Warwicke to command this Summer's Fleet in chief; and that the said Earl of Warwicke is hereby enjoined forthwith to undertake this Charge, and put to Sea accordingly.

L. Admiral declared his Willingness to depute the E. of Warwick, and his Reason for the same.

Upon this, the Lord Admiral declared and prosessed (fn. 1) his Willingness to obey their Lordships Command, and the Desire of the House of Commons to depute the Earl of Warwicke for to be chief Commander in this Summer's Fleet, because it will be for the Safety of His Majesty and the Kingdom.

E. of Warwick submitted to the Order.

And the Earl of Warwicke likewise readily submitted himself to the Order of this House, and the Desire of the House of Commons, to undertake the Command of this Summer's Fleet; and would put to Sea presently.

Their Submission to be made known to the H. C. at a Conference.

Committee to draw up an Indemnity for them.

The House Resolved, To communicate to the House of Commons, at a Conference, that this House joins with them in the Vote for requiring the Lord Admiral to depute the Earl of Warwicke to command in chief in this Summer's Fleet; and that both the Lord Admiral and the Earl of Warwicke have submitted themselves to the Commands and Order of both Houses. And, because their Lordships have so readily obeyed the Commands of both Houses, it was Resolved, That something should be drawn up for their Indemnity, and offered to the House of Commons at this Conference; for which Purpose these Lords following were appointed: videlicet,

These Lords Committees withdrew presently, to consider of this Business.

Orders to be read before they are delivered.

Ordered, That all Orders and Warrants, before they shall be sent abroad or delivered to the Parties, shall be first publicly read, either on the same Day they were made, or the next Day after, in the House, and to be approved of by the Lords.

A Message was brought from the House of Commons, by Sir Peter Wentworth, Knight of the Bath:

Message from the H. C. for the Committee for the Kentish Petition to meet.

To desire their Lordships would be pleased to appoint the Committee for the Kentish Petition to meet this Afternoon, in regard that there are many Witnesses which stay in Town to be examined concerning that Business.

This Committee to meet.

Ordered, That the Committee for the Kentish Petition shall meet this Afternoon, in the Painted Chamber, at Three of the Clock, with the Committee of the House of Commons, to examine the Witnesses concerning the Petition of Kent.

The Answer returned to the Messengers was:

Answer to the H. C.

That this House hath appointed the Committee to meet at Three of the Clock this Afternoon, in the Painted Chamber, as is desired.

Heads for the Conference, concerning the L. Admiral and E. of Warwick.

The Lord Robartes reported from the Committee a Draught of the Heads of the Conference with the House of Commons, concerning the Lord Admiral and the Earl of Warwicke; which Paper was read, as followeth: videlicet,

"That the Lord Admiral in deputing the Earl of Warwicke to command the Fleet for the Defence of the Kingdom, and the Earl of Warwicke in undertaking that Charge, have done nothing therein but according to the Law of the Land, unto which they were commanded by both Houses of Parliament; who knowing it to be a necessary Service at this present, for the Safety of the Kingdom, do Declare, That the said Lords shall have the Assistance of both Houses of Parliament, against any Inconvenience that they may incur by their Obedience unto the said Commands, in this necessary and important Service."

Resolved, upon the Question, That this House agrees in the Matter of this Paper now read.

Then a Message was sent to the House of Commons, by Sir Edward Leech and Dr. Bennett:

Message to the H. C. to desire a Conference, touching the Navy.

To desire a present Conference (if it may stand with their Conveniency), by a Committee of both Houses, concerning a Vote brought from the House of Commons on Saturday last, touching the Navy.

The Answer returned was:

Answer.

That the House of Commons will give a present Conference, in the Painted Chamber, as is desired.

Mr. Stewart's Cause.

Ordered, That Mr. Stewart's Cause shall be heard on Wednesday next, in the Afternoon, by the Committee for that Business.

Annekin Vanhoven versus John Dalbier.

Ordered, That, if Sir William Balfore, Knight, will enter into Bond, in the Sum of One Thousand Pounds, to our Sovereign Lord the King, That John Dalbier shall not depart this Kingdom, until a Cause be heard between him the said Dablier and one Annekin Vanhoven, touching some Monies that the said Annekin alledgeth to be due to her from him, that then a Ne exeat Regnum shall not issue out against him on her Behalf; or else the said Writ shall proceed.

Wingfield versus Leigh.

Upon reading the Petition of Edward Maria Wingfeild; it is Ordered, That Mr. Woolley Leigh shall have a Copy of the said Petition, and make his Answer thereunto; and afterwards this House will take the Cause into further Consideration; and that the Ne exeat Regnum shall be stayed in the mean Time, if it be not already out and executed.

Benyon's Answer to the Impeachment of the House of Commons.

This Day being appointed for George Benyon to bring in his Answer to the Impeachment of the House of Commons; he was brought in, by the Gentleman of the Black Rod; and, after he had kneeled at the Bar, he presented his Answer, and humbly desired it might be received; which being done, it was read, as followeth:

"The humble Answer of George Benion to the Impeachment preferred against him by the Honourable House of Commons, to the Right Honourable the Lords and Peers in this present Parliament assembled.

"All Advantages of Exception to the said Impeachment being, now and all Times hereafter, saved and reserved to him this Defendant; for Answer thereunto he saith, That, at the Time he this Defendant is, by the said Impeachment, charged to have framed, contrived, and published the Petition in the said Impeachment mentioned, he this Defendant did not know of any Ordinance of Parliament, made, or thought fit and agreed upon, by both the Houses of this present 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 of the City of London in the Hands of any Persons agreed upon by the Lord Mayor, Aldermen, and Common Council of the same City, by and with the Approbation of both Houses of Parliament; nor did this Defendant prefer the Petition, mentioned to be annexed to this Impeachment, to the Intent to cross or hinder any such Ordinance as in the said Impeachment is mentioned, much less to set Division between His Majesty and the Parliament, or between the Parliament and the said City: But saith, It is true that, about the Time in the said Impeachment mentioned, he this Defendant, and one Robert Gardiner, Merchant, did draw the Petition, whereof a Copy is to this Impeachment annexed, under the Title of "divers Citizens of London whose Names were underwritten," to which divers other Citizens did subscribe their Names; which this Defendant denieth was by him wickedly or maliciously done or contrived, or that the Contents of the same are, as he then or yet conceiveth and believeth, false, dangerous, or seditious; nor was the same, or any Copy or Copies, or the Original of the said Petition, by this Defendant, or by this Defendant's Instigation; but was, by this Defendant, together with the other Subscribers thereunto, delivered to both Houses of this present Parliament; and this Defendant denieth that he, by false and sinister Persuasions, Solicitations, or Practices, did procure any Citizen or Citizens to subscribe their Hands to the said Petition contrary to their Intent and true Meaning, or that any Person or Persons was or were thereunto misled or seduced by this Defendant; and denieth that his, this Defendant's, framing that Petition, or any Thing which this Defendant did in any wise do concerning the framing, contriving, publishing, or preferring the same, was in any Sort to divert the King from assenting to any Ordinances of the Houses of Parliament, or to work any Distraction in the said City; much less to (fn. 2) put the Parliament, City, and whole Kingdom, into Disorder and Confusion: But saith, That true it is, that this Defendant, being then and yet a Citizen and Freeman of the City of London, and having, at the Time of this Defendant's Freedom, taken an Oath to maintain the Franchises and Customs of the said City (in that which in this Defendant was), and having, during all the Time of this Defendant's being a Freeman of the said City, which is now about Thirty Years since, observed, that the making and allowing of Captains, ordering of the Trained Bands, Men and Arms, within the said City, were, from Time to Time, directed, ordered, and disposed, by the Lord Mayor and Aldermen of the said City, and done by the Warrant of the Lord Mayor for the Time being, and not otherwise; this Defendant did thereupon, as conceiving himself bound by his said Oath, and not upon any wicked, malicious, or seditious Purpose, together with the said Mr. Gardiner, draw the Petition in the Impeachment charged; which this Defendant, with the said Gardiner, having so done, before any further Act or Proceedings had concerning the same, this Defendant did therein repair to such Counsel at Law as he conceived might best advise him concerning the Rights and Customs of the said City, by whom the same was approved; whereupon this Defendant, amongst divers others, subscribed his Name thereunto; and, together with the Parties who subscribed the same (before any such Ordinance known to this Defendant, as in the said Impeachment is mentioned), assented to the Delivery thereof to both the Houses of this present Parliament, whom this Defendant never intended to offend thereby, much less to raise or beget the least Distraction or Dissention between the King and this Parliament, or the Parliament and the said City, or to insert any Thing therein false, scandalous, or seditious; but solemnly professeth, he never had any the least Will to oppose any Ordinance to him known to have been agreed or made by both the Honourable Houses of Parliament to be presented to His Majesty: And as to so much of the Words charged in the said Impeachment as do or may in any wise concern the Privileges of Parliament, as touching any the Debts owing by any the Lords and Peers of this Honourable House, or any the Members of the Honourable House of Commons, and any Person or Persons, either by any their Lordships, or any the Members of the said Honourable House of Commons protected; this Defendant saith, That there were several Petitions preferred to the Honourable House of Commons, by the Mayor, Aldermen, and Common Council of the said City, and by this Defendant, and divers other Citizens, touching the said Privileges, as by the said Petitions (Relation being thereunto had) may appear; and this Defendant, with others, both Aldermen and Commoners of the said City, being thereunto lawfully authorized, did attend and prosecute the same, which Petitions were, by the said House, committed to a Committee of the said Honourable House; and this Defendant, with the rest, authorized as aforesaid, did re ceive Directions from the said Committee; to present their Reasons and Grievances concerning the Matter of the said Petitions, which they did accordingly, in Pursuance of the Direction of the said Committee of the said Honourable House of Commons; and the same was the joint Act and Answer of the Persons so authorized as aforesaid to attend the Prosecution of the said Business, and were received and approved by the said Committee: And this Defendant saith, That he cannot call to Mind, nor doth believe he spake, any the Words in the said Impeachment contained, or that he spake any other Words, any way tending to the Dislike of the Protections of Parliament, other than such as were lawful and necessary to be used in the Prosecution of the said Petitions: And as to that Part of the said Impeachment whereby this Defendant standeth charged to have used Words tending to his hindering of the Loan of Money for the Public, this Defendant saith he was (fn. 3) so far from using any Words that should tend thereunto, as that this Defendant did furnish, for the Public Occasions this Parliament, both before and since the Words alledged to have been spoken, great Sums of Money: And doth further say, That he this Defendant is not guilty of all or any the Misdemeanors, Matters, or Things, in and by the said Impeachment mentioned and charged upon him this Defendant, in such Manner and Form as in and by the same they are set forth and charged. All which this Defendant is ready to aver and prove, and humbly prayeth to be dismissed.

"George Benyon."

Further Time given, to hear Benyon's Cause.

This being read; the said George Benyon withdrew; and this House Ordered, That this Cause against George Benyon, upon the Impeachment of the House of Commons, shall be proceeded in on Wednesday next, at this Bar; and that the said Benyon shall have Liberty to go to his Counsel in the mean Time, with his Keeper.

Conference concerning the Earl of Warwick and the Lord Admiral.

The House of Commons being ready in the Painted Chamber for the Conference; this House appointed the Lord Robartes to manage this Conference, and to read the Vote of this House concerning the Earl of Warwicke to command in chief in this Summer's Fleet; and to let them know, that the Lord Admiral and the Earl of Warwicke have obeyed the Commands of the Houses; and then to read the Paper for the Indemnity.

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

Adjourn.

Dominus Capitalis Justiciarius de Communi Banco declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, 5^m diem instantis Aprilis, 1642, hora 9^a Aurora, Dominis sic decernentibus.