by the said Benyon: which Petition was so contrived, framed, and published, by the said Benyon, on purpose to divert his majesty from assenting to the said Ordinance, and to work a distraction in the said city, and to bring the parliament, city, and whole kingdom, into disorder and confusion. "That the said George Benyon, out of a malignant and wicked disposition, to scandalize the parliament, and to interrupt the proceedings thereof, in or about the month of August last past, upon and at several other times, did falsely and maliciously give out and utter divers bold, arroga it, false and scandalous and happy government in church and state; the prime leaders of that faction not blushing, in public debates in the house, to aver that no man ought to petition for the government 'established by law, because he had already his wish; but they that desired an alteration, ⚫ could not otherwise have their desires known; and therefore were to be countenanced.' "Upon the Petition, that w..s framed in London against their settling the Militia, they committed one George Benyon, a citizen of great reputation for wealth and wisdom, and who was indeed a very sober man. After he had lain some time in prison, the Lords, according to law, bailed him; but the Commons caused him the next day to be recommitted, and preferred an Impeachment against him, for no other crime but advising and contriving 'that Petition.' The gentleman defended himself, that it was always held, and so publicly deelared this parliament to be lawful, in a modest way, to petition for the removal, or prevention of any grievance: that observing very many petitions to be delivered, and re⚫ceived, for the settling the Militia, in another way than was then agreeable to the law, or had been practised, and conceiving that the 'same would prove very prejudicial to the city * of London, of which he was a member, he had joined with many other citizens, of known ability and integrity, in a Fetition against so 'great an inconvenience; which he presumed, was lawful for him to do.' How reasonable soever this defence was, the House of Peers adjudged him to be disfranchised, and incapable of any office in the city; to be committed to the common gaol of Colchester,' for his reputation was so great in London that they would not trust him in a city prison, and fined him 3,0007. 6 "About the same time, at the general assizes in Kent, the Justices of Peace, and principal gentiemen of that county, prepared a Petition to be presented to the two houses, with a desire, That the Militia might not be otherwise 'exercised in that county, than the known law 'permitted: and that the Book of Common Prayer, established by law, might be observed.' This Petition was communicated by many to their friends, and copies thereof sent abroad, before the subscription was ready; whereupon the House of Peers took notice of VOL. IV. 6 Speeches, in derogation and contempt of the privileges of Parliament, and of the Peers therein assembled, and particularly that the Privileges of Parliament were become the greatest Grievance of the kingdom; and that he had the power of the Chamber of London in his hands; and, if the Bill of Protections (which bill was then depending in parliament) did not pass, he had made that stop in the Chamber of London, that there should not be one penny lent to the parliament out of the said city; and swore by God, He would have the said Bill pass, and would not leave a groat in the | Chamber of London, but he would have the of it, as tending to some commotion in Kent; and, in the debate, the earl of Bristol taking notice, that he had seen a copy of it, and had had some conference about it with Judge Mallet,' who was then Judge of assize in Kent, and newly returned out of his circuit, both the Earl and Judge, for having but seen the petition, were presently committed to the Tower: and a Declaration published, that none should presume to deliver that, or the like Petition to 'either house.' Notwithstanding which, some gentlemen of Kent, with a great number of the substantial inhabitants of that county, came to the city; which, upon the alarum, was put in arins; strong guards placed at London Bridge, where the petitioners were disarmed, and only some few suffered to pass with their Petition to Westminster; the rest forced to return to their county. And, upon the delivery thereof to the House of Commons (though the same was very modest, and in a more dutiful dialect than most Petitions delivered to them) the bringers of the Petition were sharply reprehended; two or three of them committed to several prisons; the principal gentlemen of the County, who had subscribed and advised it, sent for as Delinquents; Charges, and Articles of Impeachment, drawn up against them; and a Declaration published, That whosoever should 'henceforth advise, or contrive the like-Peti'tions, should be proceeded against, as enemies 'to the common-wealth.' So unlike, and different were their tempers and reception of those modest Addresses, which were for duty and obedience to the laws established; and those which pressed, and brought on alteration and innova tion. But that injustice gave great life, and incouragement to their own proselytes; and taught others to know that their being innocent would not be long easy or safe: and this kind of justice extended itself in the same measure to their own members who opposed their irregular determinations; who, besides the agony and vexation of having the most plain reason, and confessed law, rejected, and overruled with contempt and noise, were liable to all the personal reproaches and discountenance, that the pride and petulancy of the other party could lay upon them; and were sometimes imprisoned and disgraced, for freely speaking their opi nions, and conscience in debate." L 6 privileges of the lords down, and make them honest, and would make the peers of this realm as subject and liable to arrest, as the noblemen of France, Spain, Poland, and other foreign countries; and said, he had computed the lords Debts, and that they owed more than would drive the great trade of the kingdom; and further said, Now we shall see, when the Clothiers come up in a multitude, what the Lords will do; for, said he, If the multitude had not come, Strafford had not lost his head, meaning thereby the earl of Strafford, Jately executed for High Treason: And the said George Benyon, in a further manifestation of his hatred and disaffection towards the Parliament, and to stir up the like hatred in others, in or about the month of July last past, he the said Benyon, speaking of the parliament, did falsely and maliciously utter these false and scandalous words touching the same; viz. That they much com plained of the king's arbitrary power; and yet they go about an arbitrary government themselves, which, being 400, will be more grievous than the other.' "All which matters and things were committed and done, by the said George Benyon, wittingly and maliciously, contrary to the rights and privileges of Parliament, and to the laws of this realm, to the evil example of others, and to the great danger of the said city and kingdom: And the said Commons, saving to themselves the liberty of exhibiting any other Accusation or Impeachment against the said George Benyon, and also of replying to the Answer that he shall make to the said Articles, or any of them, or of offering proof of the premises, or of any of them, or of any other Accusation or Impeachment that shall be exhibited, as the case, according to the course of parliament, shall require; do pray, that the said George Benyon may be put to answer the said several crimes and misdemeanors, and to receive such condign punishment as the same shall deserve, and that such proceedings upon them, and every of them, may be had against him, as is agreeable to law and justice." The PETITION was as follows: To the Right Honourable the Lords and • Commons, now in Parliament assembled. The humble PETITION of the Citizens of London whose names are underwritten, Sheweth; That the City of London hath, time out of mind, enjoyed the ordering of their own Arms, which hath successively been annexed unto the mayoralty for the time being; the Lord Mayor having always been a person of worth and quality, and of their own choice, ⚫ and hath still advised with the court of Aldermen in the execution thereof; so that, if the same should be conferred upon others, we humbly conceive it would not only be a 'personal dishonour to the Lord Mayor, but also reflect upon the government and customs of the city of London, granted to the citizeus by the Great Charter of England, and confirmed by divers acts and charters since that 'time, and which every freeman of the said city is, by the oath of his freedom, bound to maintain, to the uttermost of his power.-This honourable assembly may be pleased to take into their grave consideration, that alteration in the ancient government in this renowned 'city may breed greater distractions and inconveniencies than for the present can be discerned, or in the future can be amended.— Wherefore our humble desire is, That, since the government hath by experience been found for the honour of his majesty, the good of this city and whole kingdom, and that in 'the most troublesome times, as that it hath been admired and commended by strangers, before any other city in the known world; that the same, by your honourable favour, may be continued as in former times, without alteration : And they shall pray, &c.' The Articles being read; it was observed, and offered to their lordships consideration, "Of what a condition and spirit this Benyon was, and how fit a person to act such a mischief: that he is a man of a turbulent spirit and unruly tongue, a citizen and freeman of the city of London, which is the metropolis and epitome of the kingdom, the strength whereof is in the government of the common council. "That this Plot was like another Trojan horse, full of variety of mischiefs, and pestilential designs of discord, according to Machiavell's rule Divide et impera;' to divide between the king and his people, the parliament and the city, and the city between itself; like a worm gnawing between the bark and the tree. "The circumstances and gradations of this Offence ascend to a great height; as having reference to the common council, whereto he ought to have submitted, being involved in the votes; but he abounds in his own sense, and spurns against it. 2. It hath reference to the annihilating and opposing the Ordinance of both houses of parliament for settling the Militia, the parliament having power of declaring what the law is concerning itself; and also it lays a great charge on both houses, for arbitrary dalized their members and privileges. 3. Conpower, ambition, and injustice, and hath scancerning the time when Benyon committed these offences; it was when the kingdom was full of fears, dangers, and distractions; and, taking advantage of this opportunity, he endeavoured to put all into confusion; so as the bark was not to be saved, but by casting anchor, and standing together, and opposing these mis chiefs. "He did not only act his part himself, but persuaded others, both at the Exchange and at the scrivener's shop, to subscribe the Petition, which was a thing contrary to the opinion of the Common Council, as being a matter of great presumption, and tending to sedition; for, it is feared, the consequence of this example will be an occasion to other places to follow the same steps, whereof some passages have already appeared-The House of Commons desires, for these Offences, that exemplary punishment may be inflicted upon the said George Benyon, according to justice." that the Impeachment against him might be again read; after which, Mr. Glynn opened part of his Charge, which he made to consist of two Articles: 1. "Ben yon's maliciously contriving, subscribing, procuring, and getting hands to a false, dangerous and seditious Petition, containing therein divers false, scandalous, and seditious matters. This Report being made of the Charge, it was ordered, "That the said George Benyon should be brought to the bar to hear it read;" which being done, and he asked what Answer he would make to it, he humbly desired he. For speaking divers false and scandalous might have time given him to put in his Answer; and, for the enabling him thereto, he desired to have counsel allowed him, and to have a copy of his Charge. All which was granted, and the 4th of April was appointed Benyon brought many persons along with for his Trial. April 4. Speeches in derogation of the privilege of Parliament." To prove the first, these Witnesses were produced, and deposed as follows: Moss, scrivener, said, "That Mr. Gardiner brought the Petition to his shop to be subscribed, and him to subscribe the same. That he appeared times a day; to enquire how the Subscription in it more than any other, coming four or five went forward. He further said, That he subscribed the said Petition himself, because he heard Benyon say that it was approved of by counsel. And he asking Benyon if it was not too late to present the said Petition to parlinment, now that the Ordinance for the Militia Harvey said, 'He went with Benyon to see was settled, be answered, 'It was not.' Edm. the said Petition, at Moss's shop; and, after he had read it, he told Benyon he would not subscribe it, because it was full of untruths; for the Lord Mayor hath no power over the Militia, because he cannot draw out any of the Trained Bands, on Shrove-Tuesday, without anthority from the king; and further he told Benyon, He heard the Ordinance for settling and therefore thought it would come too late. the Militia was passed already in parliament; Benyon answered, That he had taken Mr. Recorder's opinion on the Petition, and he thought it right; and said, it would not come too late." S. Edmonds and J. Offley deposed much to the same purpose; and for the words, there was only Robert Stevens produced to prove thern. Mr. Benyon delivered in his Answer to the Impeachment of the Commons, importing, his denial of having preferred the Petition there mentioned, with any intent to cross or binder the Ordinance of Parliament concerning the City Militia; or much less to set division between the parliament and the city, &c. He. owned, That he and one Gardiner, merchant, did draw the said Petition, and that divers citizens did subscribe the same; but denied that it was wickedly or maliciously contrived; or that he, by false and sinister persuasions, did go about to procure any citizen to subscribe, contrary to their own intention and true meaning. That he, being a freeman and citizen of London, had taken an oath to defend and maintain the Franchises and Customs of the same; and, for above thirty years, had observed that the making and allowing of Cap tains, and ordering of the Trained Bands and Arms within the said city, were, from time to time, directed and disposed by the lord mayor and aldermen, and done by warrant of the lord mayor, for the time being, and not otherwise. Therefore this Defendant, conceiving himself bound by the said Oath, and not upon any wicked or malicious principles, did draw the said Petition, which he afterwards laid before time when the Ordinance for the Militia passAfter this Mr. Glynn observed, "That the learned counsel, by whom the same was ap-ed in Parliament, was the 9th of Feb. last, and proved, &c. That, as to the words charged in the Impeachment, to be spoken by him against the Parliament and their Privileges, he denied them; and said, That he never spoke any other words than such as were lawful and necessary to be used in prosecuting the Petitions, which had been some time before preferred to parliament, touching the granting of Protections, &c. and on which a Bill was then depending in the upper house. He denied also the words charged on him for hindering the loan of money for the public use, and all other circumstances relative thereto. This Answer being read, the Lords ordered the further hearing of this cause to be at the bar of their house the 6th inst. the discourse concerning this Petition was on the 19th. That the time when Benyon presented this seditious Petition was, when both houses had declared that the kingdom was in imminent danger. The consequence of this ill example was, that other counties had taken the same boldness to contrive Petitions of this nature; and the king's Answer of Feb. the 28th last, had succeeded it. For these great Crimes and Misdemeanors the Committee desired, in the behalf of the House of Commons, that their lordships would give some severe Judgment against the said Benvon.” Mr. Benyon then made it his humble desire, That he might Answer by his counsel; and that the same Witnesses, which were produced now against him, might be present when his Defence was made; and he to have liberty to cross-examine them; which was granted. April 6. The Commons proceeded in Mr. Benyon' cause; when divers Witnesses were produced to shew, That there was nothing of Sedition or malice in Benyon, in the management of the Petition, as is charged; but that, by the command of the Lord Mayor, he advised with the Recorder about it, who approved of it both for the legal and customary part. He likewise shewed, That the practice had been for the Lord Mayor of London to make choice of the Trained Bands belonging to the city. To the second part of his Charge, concerning scandalous words, he proved, by four other witnesses, that he spoke no such words as were charged against him. April 7. 3,000l. to the king. 4. That he shall be imprisoned in the castle of Colchester for two years; and, after that time, to find such sureties for his behaviour as this house shall think fit." All which Sentence, in the presence of the Commons, was pronounced against him *. The same day, the Commons sent up an Impeachment against sir Wm. Wilmer, knt. then High Sheriff of the county of Northampton, for high crimes and misdemeanors, for breaking the Privileges of Parliament, and for endeavouring to disturb the peace of the kingdom by seditious words and actions. The principal Complaint against this gentleman was, for publishing, by virtue of his majesty's warrant, a printed Book, entitled, "Several Petitions and Messages of Parliament, concerning the Militia of the Kingdom, with his Ma"1. That the said Benyon, for the first of jesty's Answers thereto," and granting a warfence charged, (the second, for words, being rant of his own to enforce it. All which the dropped) shall be disfranchised the city of said gentleman had confessed: the consideraLondon. 2. That he shall for ever, hereafter, tion of this affair was de erred to another time. be incapable of bearing any place or office in-But nothing further has been met with conthe commonwealth. S. That he shall be fined | cerning it. The Lords took into serious consideration the Impeachment against Benyon, and likewise his Auswer and Defence; and, after several questions, a last resolved on the following Sentence against him. 164. Impeachment of Sir EDWARD DERING,* knt. for High Crimes and Misdemeanors: 18 CHARLES I. A. D. 1642. [Lords' Journals. 2 Cobb. Parl. Hist. 1147.] March 28, 1642. king's regal power. Lastly, That sir Edward Dering pressed, with great earnestness, to have a copy of this Petition sent to the King; but, as he thought, it was denied." Message of the 20th of January last; that they would establish the civil law: that they who A Conference was held between the two were civil lawyers might not lose their studies: Houses; when the Commons informed the that they would speedily relieve their brethren Lords, That a Petition had been framed in in Ireland: that they would be pleased to esKent, and intended to be delivered to Parlia-tablish the privilege of parliament, and the ment, which was of dangerous consequence. This was on the Information of one Francis Jones, who averred, That the Petition was produced and read at the Assizes, at Maidstone, the 25th of March last, and consisted, to the best of his memory, of these particulars: "That the government of Bishops might still remain, they being as antient as Christianity in England: that the Liturgy and Common Prayer might still remain: that such might be punished who either absent themselves from it, or speak against it; and that all ministers and people might be brought into this uniformity: that no Order should issue out of either House, to oblige the people, unless it was an act of parliament: that no Order should issue concerning the Militia, from either house, without the king's hand to it: that they would presently apply themselves to his majesty's The Commons further informed the Lords, That they found sir Edward Dering, sir Roger Twisdell, sir George Strode, and Mr. R. Spencer, had been active men in contriving and presenting this Petition; they therefore desired the said gentlemen might be sent for, as Delinquents, which was accordingly ordered by the Lords, and a Select Committee, of both houses, appointed to examine this business to the bottom *. *This same day, a copy of the Kentish Petition was produced in the House of Lords by the earl of Bristol, who said he had it delivered to him by Judge Mallet. This being read, which was no more than an enlargement on He had brought in the bill "For the utter the foregoing Heads, the earl was asked, Wheeradication of Bishops, Deans, and Chapters, ther he had taken a copy of this Petition? who &c." "Which," says lord Clarendon, the answering Yes, he was commanded to withgoverning party prevailed with sir Edward draw. Then Mr. Justice Mallet was examinDering, (a man very opposite to all their de-ed, who said, "That he had the Petition from signs, but a man of levity and vanity, easily flattered, by being commended), to present into the House." sir George Strode, and that he shewed it to the earl of Bristol, who took a copy of the same." Hercupon the Lords taking this affair into con April 6. The Commons by Message informed the Lords, that sir Edward Dering being committed to the custody of the Serjeant had effected his escape. They therefore desired that some speedy course might be taken to stop him at the Ports, and bring him back; which the Lords ordered accordingly. April 26. The Lord Keeper reported to the Lords a Conference had with the Commons, coucerning sir Edward Dering, That they had presented the following Impeachment against him: sideration, conceived that the Judge had committed a great offence, contrary to his duty, as Judge of the Assize, and as an assistant to this house, in not revealing the Petition to them till he was forced to it. And, after a long debate, the question was put, Whether there were not some words, in this Petition, scandalous, dangerous, and tending to sedition? It passed in the affirmative. Likewise the earl of Bristol, because he had this Petition delivered to him, being of so dangerous a consequence, and took a copy of it without doing his duty in acquainting the house of Lords therewith, was committed to the Tower, for the present, until this business should be further examined. The earls of Bath, Dover, Portland, Monmouth, with the lords Mowbray, Grey, Howard, and Capel, dissenting. Judge Mallet, also, underwent the same sentence." 2 Cobb. Parl. Hist. p. 1148. Clarendon says, "Judge Mallet was committed to the Tower the last Lent, for having seen a Petition prepared by the grand jury of Kent, for the countenance of the Book of Common Prayer, and against the imposition of the Militia by Ordinance without the royal assent. This judge (being, this summer circuit, again judge of assize for those counties) sitting at Maidstone upon the great assize, some members of the house of commons, under the stile and title of a committee of parliament, came to the bench; and, producing some votes, and orders, and declarations of one or both houses,' required him, in the name of the * parliament, to cause those papers,' (being on the behalf of the ordinance of the militia, and against the commission of array), to be read.' He told them, that he sat there by virtue of 'his majesty's commissions; and that he was authorized to do any thing comprised in those 'commissions; but he had no authority to do any thing else; and therefore, there being no ' mention, in either of his commissions, of those papers, or the publishing any thing of that 'nature, he could not, nor would not do it;' and so (finding less respect and submission, than they expected, both to their persons and their business, from the learned judge, and that the whole county, at least the prime gentlemen and the grand jury, which represented the county, contemned both much more) this committee returned to the house with great ex ARTICLES OF IMPEACHMENT of Sir EDWARD DERING, knt. and bart, by the Commons assembled in this present Parliament, in the name of themselves and of all the Commons of England, for high Crimes and Misdemeanors by him committed as follows:* I. "That whereas an Ordinance was lately made and agreed upon by both Houses of Parliament, for the settling of the Militia of this kingdom, for the safety and preservation thereof in these times of imminent danger; the said sir Edward Dering, knowing thereof, and hav. ing been lately a Member of the Commons House in Parliament, and by order of the said House, for offences by him committed, expelled the same, out of a malicious and wicked intention to cross and hinder the said Ordinance; to interrupt and scandalize the proceedings of Parliament; to set division between his majesty and the parliament; and to raise sedition and tumult in the county of Kent, and in other parts of this realm; in or about the month of March last past, by practice and combination with R. Spencer, esq. sir Roger Twisden, and sir Geo. Strode, and others, did wickedly and maliciously contrive and frame certain dangerous and seditious Heads or Articles of a Petition to be presented to the parliament, for and on behalf of the gentry, ministers, and commonalty of Kent; amongst which some were to this or the like effect, viz. 1. That no Mem clamations against Mr. Justice Mallet, as the fomenter and protector of a malignant faction against the parliament.' And, upon this charge, a troop of horse was sent to attend an officer; who came with a warrant from the houses, or some committee (whereas Justice Mallet, being an assistant of the house of peers, could not regularly be summoned by any other authority) to Kingston in Surrey; where the judge was keeping the general assizes for that county; and, to the unspeakable dishonour of the public justice of the kingdom, and the scandal of all ministers or lovers of justice, in that violent manner took the Judge from the bench, and carried him prisoner to Westminster; from whence, by the two houses, he was committed to the Tower of London; where he remained for the space of above two years, without ever being charged with any particular crime, till he was redeemed by his majesty, by the exchange of another whose liberty they desired." *These Proceedings against sir Edw. Dering are taken from the Lords Journals: There is no mention made of them in Rushworth or Whitlocke. Lord Clarendon, indeed, tells us, "That several gentlemen of the county of Kent, who had subscribed and advised the Petition, were sent for as delinquents; and Charges and Articles of Impeachment drawn up against them." Vol. 2. p. 487. For printing his Speeches. See 2 Cobb. Parl. Hist. 1072. |