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there was a stay made of decreeing the lord | ment of 60001. when this examinant should chancellor's award till next term, by the means have such an order from the court as he deof one of my lord chancellor's gentlemen, who sired. The recognizance was entered accordwould have conferred with Mr. Egerton, but ingly; after which, this examinant finding no that bis leisure permitted him not then to do good thereby, demanded back his recogniit; he therefore required some further warrant zance; when, after many delays, and a year's and direction to proceed in his behalf. Un- distance of time, he had the same delivered. derneath this letter one Woodward, brother
--Lastly, that Woodward told him Dr. Field, in-law to Mr. Egerton, writes this postscript, capt. Field his brother, and Butler should have That he thinks his cause will do well, and that shared the money amongst them; but how, he he hath assured this gentleman he shall find knoweth not." Mr. Egerton faithful in his promise, and wish. Then the king's serjeant read also the Proofs, eth he would write back to Woodward to that which consisted of all the letters and examinapurpose. Woodward writes another letter to tions before mentioned. After which the bishop Mr. Everton without date, letting him know, of Durham* stood up, and, in a speech, rethat Dr. Field is sorry my lord hath not sent peated the manner how this matter was first an answer as he expected, but that my lord complained of by the commons to this house, chancellor shall be moved this night for a stay with the several proofs thereof; but added, of the decree ; which he hopes to get by such “ That since there was nothing proved but an means as he shall use ; and that he hath as intent, at the most, he moved that the consisured him Mr. Egerton would perform his pro- deration thereof be referred to the archbishop mise.-Davenport being examined in this high of Canterbury, and he to give the bishop an court, touching the sharing the 60001. betwixt admonition for the same in the convocation him, Butler, the bishop, and others, saith, He house." The archbishop (George Abbot) then himself should have had nothing; Butler was rose up and said, “ That Dr. Field, the now to have 2000l. and 10001. was thought fit to bishop of Landafl, could not be excused from be given to the lord chancellor ; but his lord-Brokage in Bribery; for which he was to ship knew not of it, and Butler dared not to blame: but hoped that he might bear bis fault move it. Davenport and Butler meant to have as Dr. Field, and not as bishop of Landaff; and shared that 1000l. For the other 3000l. he that, if it was referred to him, he would do that knew not how it should be shared. The mat- which belongs unto him.” ter promised was a letter from the lord ad Whereupon it was ordered, That the affair miral, and a reference from the king to the of the lord bishop of Landaff should be referred Jord chancellor.- Francis Joyner being exa to the archbishop of Canterbury, and he to be mined in this cause, confesseth, he was the admonished by his grace in the Convocation means to make Mr. Egerton and Dr. Field House, before the bishops and clergy there. acquainted; and that the doctor had confer- The Lords also taking into consideration the ence with Butler and Davenport about Mr. complaint of the Commons, touching this matEgerton's business; and that the doctor drew ter, agreed upon a message to be sent to that in the lord Haddington to be a furtherer of it. house, to this purpose: viz.“ Whereas the He spoke to the recognizance ; and that the bouse of commons informed this house of a doctor confessed he was trusted from the lord great misdemeanor committed by Dr. Field, Haddington, and that his lordship was to dis- now bishop of Landaff, and hath also sent since pose of the money at his pleasure. Tristram to demand judgment in that cause; the Lords Woodward being likewise examined, confessed, having taken full examination thereof upon Joyner told him Dr. Field had friends at court; oath, do not find it proved in the same manner and how Mr. Egerton was drawn to the doctor's as, it seems, they were informed by exami. house. The recognizance was taken for But-nations taken in their house. And, for further Jer and the lord Haddington, as he thinks ; but satisfaction of the commons therein, their lordout of it the doctor expected recompence, as ships have sent them the examination of Ranhe heard amongst them: and confessed he dolph Davenport.”—“ Ans. The commons rewrote the postscript to Dr. Field's letter sent turned great thanks for their lordships honourto Mr. Egerton.--Edw. Egerton saith, “ That able and just proceedings in the cause of the he agreed with Dr. Field for the recognizance, lord bishop of Landaff, and for sending the exthat he should have his land decreed to him : amination of Davenport ; by which it doth that 60001. was to be paid on the event of the appear, that his examination, taken by them, suit. He was to pay the money to Dr. Field doth differ much from that taken upon his oath and Davenport ; but how much each should before their lordships.”—Then the question have he knoweth not. He further said, That was put, Whether the said bishop should take Woodward, his brother-in-law, and Dr. Field, his place in the house before he received his procured bim to acknowledge the recogni- admonition from the archbishop or not? zance ; but he did not pay the charge of it : that Dr. Field told him he would bring him to * Richard Neile, who had himself been one Butler, who would procure an order from complained of by the Commons, when bishop my lord chancellor for his relief in the cause of Lincoln, for some expressions in the house as he would desire: thereupon the doctor de- of lords, tending to advance the prerogativo manded a recognizance of 10,0001. for pay- royal. See No. 98, p. 885.
Agreed, per plures, that he should : where my own blockishness, that I thrive no better; upon his lordship was called in by the gentle-I once feared this before, that some did me ili mian usher, and went to bis place. Thus ended offices. Your grace was pleased to protest no this affair.
man bad; and to assure me no man could. My
heart tells me it hath been always upright, and The following characteristic Letter from is still most faithful unto you. I have examinthis bishop Field to Buckingham is printed in ed my actions, my words, and my very thoughes
, the Cabala, p. 117.
and found all of them, ever since, most sound “ My gracious good lord; In the great library unto your grace. Give me leave, to comfort mv, of men, that I have studied these many years, self with recordation of your loving kindne:ses of your grace is the best book, and most classick old, when on that great feast day of your being author, that I have read, in whom I find so inaugured our chancellor [of Cambridge) my much goodness, sweetness and nobleness of na- look was your book, wherein you read sadness
, ture, such an heroick spirit, for boundless to which I was bold to answer, I trusted your bounty, as I never did in any. I could instance grace would give me ao cause. You repled in many, some of whom you have made deans, | (with loss of blood rather.) But God forbid 9 some bishops, some lords, and privy.counsel precious an effusion. (I would rather empty all lors; none that ever looked towards your grace my veins than you should bleed one drop, did ever go away empty. I need yo no further when as one blast of your breath is able to than myself, a gum of the earth, whom you bring ine to the baven where I would be. My raised out of the dust, for raising but a thought lord, I am grown an old man, and ain like oid so high as to serve your highness. Since that, household stuff, apt to be broke upon oiten te I have not played the truanı, but more diligent moving. I desire it therefore but once for all, ly studied you than ever before : and yet, dunce he it Ely, or Bath and Wells; and I will spend that I am, I stand at a stay, and am a non the remainder of my days in writing an history proficient, the book being the same that ever of your good deeds to me and others, whereby it was, as may appear by the great proficiency I may vindicate you from the envy, and obloof others. This wonderfully poseth me, and quy of this present wicked age wherein we live, sure there is some guile, some wile, in some of and whilst I live in praying for your grace, my fellow students, who hide my book from whose I am, totally and finally. me, or some part of it; all the fault is not in
“ Theophilus LANDAVEN."
116. Proceedings in Parliament against Sir Giles MOMPESSON, ?
Monopolist and Patentee : 18 James I. A.D. 1620. [Journals
of both llouses. 1 Cobb, Parl. Hist. 1198.] We shall now present the reader with a selves, in treaty and advise, the principal offérNarrative of the Proceedings against sir Giles der, sir Giles Mompesson, was escaped. ThereMompesson, a member of parliament, a Projec- fore, the Commons did desire strict scrutiny tor, and a great Dealer and Patentee. I his should be made for finding him out within the man the Commons convened before them, and realm." The messengers being withdrawn. the ordered him into custody of the serjeant at Lords agreed to the Conferonce: the number
, arms; but he, being conscious of his guilt, the whole house : the time and place, March found means to make his escape, and Aed be 5th at iwo in the afternoon, in the Painted yond sea. The particulars of this affair will Chamber. Sir Edw. Coke and the rest were best appear from the Journals of the Lords, to again called, and the Lord Chancellor ac whom the Commons carried their Complaint quainted them, That the house had agreed is against the said sir Giles, and others con- meet with the Commons, as above; and that cerner with him in the execution of his pro- their lordships would give their best aid and jects: all the judicial proceedings both against assistance for finding out the offender. Og this man, and others of much higher rank, in which Answer, sir Edw. desired to explain bis the sequel, being transacted before this 'su- Message a little further; and declared that the preme Court of Judicature.
Commons were not fully provided for a CooMarch 3, 1620. A Message from the Lower ference so soon ; but that his meaning was
, House was delivered to the Lords hy sir
Edw. That if their lordships would be pleased 10 Coke, attended by several knights, citizens and yield to one, then the other house would preburgesses, to this effect : «That'the House of Commons had entered terruption to their lordships greater afairs
pare the business so as it might give least IDinto a due consideration of divers heavy Griev-and, when they were ready, would return and ances
, and do desire a Conference about acquaint their lordships with it. The Chains them; leaving the time, number and place to cellor answered, That the lords would suspend their lordships appointment. He further added, the time, till the Commons were ready for as part of what they had enjoined him to say, the Conference. that whilst their bouse was thus, amongst them
Several proposals were then made for the
apprehending of sir Giles Mompesson; and a from the commons, “ That they had taken no-
Giles Mompesson, and the means of procuring All these orders and directions of the Lords the same. The effect of this Conference was, being told to the Committee of the Commons, “That the king, on the Petition of the said sir they approved of them, with thanks; and only Giles, to have a Patent to reform abuses in desired that: a more private search might be divers Innkeepers, and a warrant to compound made for the offender. Accordingly, a war- for the penalty of obsolete laws touching the rant was ordered to be drawn, as from the prices of horse-meat, had referred the same to Lords, and signed by the Chancellor, as their several judges, for the point of law; and to die Speaker : and the lord chamberlain, the earls vers lords, for the point of conveniency. That of Arundele and Southampton, the lords Huns- his mnjesty had shewn the like care, in granting den and Houghton, were appointed for that the Paient for Monopoly of the sole making of purpose. Which warrant, was ordered to be Gold and Silver Thread. That sir Henry Yeldirected to the deputy-clerk of the crown, and verton, Attorney-General to the king, had adclerk of parliament, and to all mayors, bailiffs, vised the same to be returned into his majesty's &c.-In the midst of these orders and direc- own bands, and then by indentures to authotions, the Lord Admiral, the marquis of Buck-rize divers persons to manage it; but that this ingham, declared openly to the house how much also was referred by his majesty to the consihe had been deceived and abused by this offen- deration of several of his council. That the der, sir Giles Mompesson ; who, but very benefit arising to the king was made over 10 lately, bad wrote to hin, protesting his inno-otbers, pro tempore ; that the authority grantcency, affirming that what was objected against ed by the king, was much abused in ihe exehim was but matter of cavil, and that he desir- cation thereof, to the intolerable grievance of ed only a legal trial by due corrse of law. the subject; and lastly, that much imposture
March 5. The Lord Chancellor acquainted was used in the trade." the Lords, that the deputy-clerk of the crown, March 15th. The lord Wentworth moved, and the clerk of parliament, with others, had, and it was ordered, That no bill but the Prince's according to their lordships direction, made bill should be read, until the business of sir search into the several houses of sir Giles Mom- Giles Mompesson be past and determined. pesson, sir Francis Mitchell, and in the house | The house to sit on convocation days, for the called and used as for the exercise and execu more speedy dispatch of that business. tion of letters patents, concerning Gold and March 22d. "The Lord Chamberlain, one of Silver Thread, &c. in Wood-street; and that in the committee appointed to enquire into the each search the said clerks had brought away Grievances of the Patent concerning Inns and divers books and writings, concerning such Hostelries, reported, “That in the said Patent matters wherewith the said sir Giles standeth were three things considerable : 1st, the legalia charged; which they had sealed up, according ty of it granted to Mompesson ; but in that the to the direction of the house. The Lords or commitiee liad no power to judge. Next the dered that the said things so sealed up, should inconvenience. Lastly, the abuses in the exebe safely kept by the clerk of parliament, until cution. That the inconvenience appeared in their lordships should be pleased to give fur- the patent, where the judges are made subject ther direction, about delivering them to such to a base of fee 53.; and, in the execution, bemembers of that house as should be assigned cause that sir Giles Mompesson affronted the to receive the said books and papers, for the justices of the peace, and threatened several of better manifestation of the truth in such mat- them with the council-table. And, bec: use ters as the said sir Giles stood charged with. there were certificates sent bim, from time to March 6. The lords received a message time, of those Alehouse-keepers, who were supVOL. II.
pressed for ill behaviour, he made i his use of recompence of his service. The proceedings, it, to make them lon-keepers. That he grant- warrants, and the abuses in the exccution, are ed licences to divers base fellows to keep inns; all set down in the declaration, delivered by and sued out processes against 4000, for keeps the commons. Their lordships labour was to ing inns without licence, and for the price of look into these informations, wherein they de horse-meat, of which he only tried two suits. sired the belp of dirers gentlemen of the lower Lastly, his lordship delivered a collection of the house; who, not as weinbers of that house, several abuses and the proofs of thein." but as private gentlemen and friends, gave thet The Eurl of Arundel reported, “That the lordships full satisfaction therein.
Jo this consideration of the Grievances by the Patents search, they found proofs of every point, sei of sole Manufacturing Gold and Silver-Thread, down in the said declaration : and, for their complained of, being committed to his lord- more full satisfaction, they reviewed the ke. ship and other lords joined with bim in coin-cords themselves, wherein they found sme mittee, That they had oiten met, the business proceedings, not mentioned in the declaraton, being attended with great difficulty, and con- and not warranted by any commission, viz. sisted of inany particulars. That they had ex 1. Process used by George Geldard, sir Giles amined many witnesses, and more were pro- Mompesson's agent, in ihe king's attorney's duced who were fit to be examined, if the time name; the said Geldard confessing to one and of recess was not so near at hand. The lords but one. 2. Sir Giles used Geldard and ta comidittees have thought good to present to man, as his agents; Geldard to be Commis the house those proofs they have made, not to sioner and Geldard's man to be his clerk. delay the time, but their lordships were not to Their lordships found likewise, That Geldara's be,excluded from giving further proofs here man gave the evidence to the Jury, and, tloch after.-His lordship observed, That the com- the jury found an imperfect verdict, yet Gelmittee dealt, chietlv, with the execution, not dard proceeded as upon a perfect one. Tha? with the legality of these patents. They found Geldard compounded with divers who were in the execution thereot, that the authority questioned for their lands, as concealed, ani given by these patents, which ought to have employed those parties, as commi-sioneis, toe been rarely used, was used by them familiarly, their own compositions. That they set dous to the undoing of thousands. That the war in their book an Advowson and a Rectory ai rants dormant, to seize and imprison, &c. ex 4d. per annum; and lands, called Pease ceed all kinds of warrants ; of which there are Marsh, at 10s. a year; which was affirmed by three, and one of them is without date and sir George Moore, the tenant to it, to contun razed; and the other hath a daie by a new 700 acres, and to be better worth than 3001. : hand. That sir Giles Mompesson committed year. That there was no time limited to sir divers to prison, without examination, which Giles to fill up his book; whereby, his vening they could not do by that warrant. Several the subject, to till the same, might continue i were threatened with imprisonnent. That one years. Lastly, their lordships conceived, That Fowlis did lock up divers in his own house as his majesty had been abused in the Grace That several houses were violently broke up and in the Execution of it, so he should also and the parties goods seized. That others were have been in the end.”—After this last Report compelled to enter into bonds, not to exercise was ended, their own trade and to stand to their orders; The Lord Admiral (Buckinghani) stood up and to make oath what quantity of Gold and and moved the house, “ That care might be Silver-Thread they sold, and to whom. 'l hat taken hereafter, that the sophistication of the sir Giles confessed divers of these wrongs, and manufacture of Gold and silver-Thread be made restitution unto many. That this work prohibited; and none be permitted to work of Gold and Silver-Thread was much sopiristi- thereon, to waste and consume the bullion of cated, since the grant of the sole manufacture the land.” He commended the trade that set thereof. He further declared, Thit the lords so many thousands on work; and, if order was committees urged none to accuse himself, and first taken for bringing in bullion, and against admonished every man not to accuse another the sophistication, it might be gainful borb to out of passion. 'He desired, That though sir the king and commonwealth; and to new pa. Giles be fled, yet that Fowlis and other delin- tentees, if another parent thereof should be quents may be heard here, what they can say thoughé fit. He shewed further, “ that the in their own defence."
motive for the grant of Concealments was, The Earl of Southampton, one of the com- that sir Giles Mompesson offered liis service to mittee to consider of the Grievances com consider how the multitude of officers in the plained of for concealments, reported to the excbequer might be cut off. In which bis ma: house, “ That they find bis majesty to be much jesty first asked the opinion of the Judges; and abused in the pretence and execution of this his majesty's pleasure was not to prejudice ang grant. They find that sir Giles Mompession officer, during his life, but to provide for the obtained a commission to himself, to call all future ; which was, and yet is, his majesty's.se officers before him; by virtue whereof he fetch-solution to do; in consideration whereof
, this ed up, froin all parts, the king's officers, and Patent of Concealments was first granted to the kept them here to fill his book, granted unto said sir Giles. It was ill foreseen, that a man him, of 2001. per annuin on concealed lands, in of his corrupt disposition should be admitted to
view the Records, which lie might embezzle, the Prince with his coronet on his head; the blot or raze ot for his own proht; but, at that earl of Oxford, as lord great chamberlain, bearcime, sir Giles had the reputation of an honest ing his white staff, and ihe earl of Montgomery man. That sir Gile's bad abused this grant ibe sword. His majesty being seated on the many ways, hut, as yet nothing was past under throne, inade the following Speech to the Lords seal.' Thue the abu-e, partly, grew out of this, only: that sir Giles had compounded with one Geld My lords ; The last time I came hither, ard for the same, who, to make his best com- my errand was to inform you (as well as my modity thereof, put into the book matters of memory could serve me, of things so long passa great value at smallrates; which when bis lord ed) of the rerity of my proceedings, and the ship heard of, he rebuked sir Giles and willed cautions used by me in the pas-ing of those hiin to look to it, and not to suffer any thing to Patents, which are now in question before be
past but what the chancellor of the exche yvu; to the effect, that they might not be quer should first allow of. That, thereupon, abused in the execution; and this I did by way the said sir Giles, in the bearing of bis lordship, of declaration. But now I am cone (underdelivered his book to Mr. Chancellor to be standing the time of your censure to draw viewed, and whatsoever he thought good to be near) to express my readiness to put in exeput ont. Lastly, though much was intended to cution (which is the life of the law) ibose things, the prejudice of his majesty and the subject, which ye are to sentence (for even the law ityet nothing was past."—When the minister had self is a dead letter without execution) for ended his speech, a motion was made and which office God halb appointed me in these agreed to, Thai, alıhough the Proofs given kingdoms. And though I assure myself, that before the Lords against sir Giles Moinpesson my former behaviour, in all the course of my and others his agents, for their misdemeanors, lite, hath made me well known for a just king; were good and manifolit, yet their lordships yet in this special case I thouylit fit to express will hear the parties themselves what they can my own intentions, out of iny own mouth, for say in their own defence. But, because Easter punishment of things complained of. The first is drawing on, and the time of recess very near, proof whereof I have given by the diligent in which short space all the delinquents cannot search I caused to be made after the person of be heard and proceeded against; it was further sir Giles Mompesson, who though he were fled, agreed, That a collection be made of all the yet my Proclaination pursued him instantly : proofs, concerning sir Giles only; which being and as I was earnest in that, so will I be to read to the house, the Lords would proceed to see your sentence against him put in execusentence sir Giles, though absent; for that his tion — Two reasons move me to be earnest in flight is an eviction in law: and for that the the execution of what ye are to sentence at expectation thereof is great as well as the this time: first, that duty I owe to God, who grievance, therefore the proceedings should be hath made me a king, and tied me to the care with expedition, that the whole kingdom might of government by that politic marriage betwixt hear of the Punishment iinposed upon Delin- me and my people. for I do assure you in quents, by this parliament, as well as of the the heart of an honest man, and by the faith granted Subsidies.”
of a christian king (which both ye and all the A debate arising, in what manner to pro- world know me to be) had these things been ceed against the said sir Giles, whether by In- complained of to me before the parliament, dictment in that house, or otherwise? And I would have done the office of a just king; there being some confusion amongst the speak- and out of parliament have punished them ers, the Prince of Wales, who constantly al as severely, and peradventure more, than tended this business morning and afternoon, ye now intend to do.-But now that they made a motion, “ That by the ancient Orders are discorered to me in parliament, I shall of the House, no lord was to speak twice, be as ready in this way, as I should have though to explain himself, except some other been in the other. For (I confess) I am lord mistake his meaning in any part of his ashamed (these things proving so, as they are speech." This was commanded to be entered, generally reported to be) that it was not my and ordered to be observed.
good fortune to be the only author of the rea
formation and punishinent of them, by some March 23. The Earl of Huntingdon, one of ordinary courts of justice. Nevertheless since the commitee appointed to search Precedents these things are now discovered by parliament of Sentences, &c. reported, “ That they had whicle before I knew not of, nor could so well searched the records, and the earl of Warwick be discovered otherwise, in regard of that repreread the head of several precedents, and then sentative body of the kingdom, which comes delivered the notes taken out of the records, from all parts of the country: I will be never and signed by the officers, to be kept by the
a whit the slower to do my part for the execuclerk"-The collection of sir Giles Mompes, tion. For, as many of you that are here have san's offences, touching Ions and Hosteries, and beard me often say, so I will still say : so prethe proofs the eof, were read, with the patent cious unto me is the public good, that no private and commission concerving the sanje.
person whatsoever, were he never so dear March 26. The King came to the House of unto me, shall be so respected by me, by many Lords, the peers being all in their robes, and degrees, es the public good, not only of the