House of Lords Journal Volume 4: 8 April 1642

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. 1) 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,

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, 9^m diem instantis Aprilis, hora 10^a Aurora, Dominis sic decernentibus.