apprehending of sir Giles Mompesson; and a Message was sent to the Lower House to acquaint them, "That they had appointed a committee of 40 lords, of which the Prince was the first, to confer with a number of the Commons, immediately, about that point." The lord Zouch, warden of the Cinque-Ports, was ordered to send his warrant thither, to search for and apprehend the said sir Giles, if he should attempt to escape that way. The two lords presidents, of Wales and of the Council at York, were ordered to cause strict search to be made in the several ports under their charge. The Lord Treasurer had the same charge given him, to take care that all officers of the Customs and other officers, within the ports, havens and creeks of this land, be warned of this business. Lastly, orders were given to the Lord-Adiniral that he should instruct all vice-admirals and other maritime officers under his jurisdiction, to make the like search for this extraordinary

runagate.

from the commons, "That they had taken notice of some Warrants, issued by their lordships, for search in certain places for papers concerning sir Giles Mompesson. That the parties, therein employed, had found and brought in certain papers sealed up, also, a trunk and a bag in which other papers and books are sealed up, which they desire may be delivered to them. That one question had been made by the persons so employed, concerning their power, and they desire further warrant, from the lords, to authorize them to open locks, doors or chests, that their search may be more enlarged." Answer, "That the lords do grant the request of the commons in all its points; and will give direction for the proper additional words to be added to the warrant."

March 12th. The Lord Chancellor reported what passed at the last Conference of both houses; the inducement of which was, to clear the king's honour touching Grants to sir 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 diSpeaker: and the lord chamberlain, the earls vers lords, for the point of conveniency. That of Arundele and Southampton, the lords Huns- his majesty had shewn the like care, in granting den and Houghton, were appointed for that the Patent 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 hands, 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 he had been deceived and abused by this offender, sir Giles Mompesson; who, but very lately, had wrote to him, protesting his innocency, affirming that what was objected against him was but matter of cavil, and that he desir-cution thereof, to the intolerable grievance of ed only a legal trial by due course of law.

March 5. The Lord Chancellor acquainted the Lords, that the deputy-clerk of the crown, and the clerk of parliament, with others, had, according to their lordships direction, made search into the several houses of sir Giles Mompesson, sir Francis Mitchell, and in the house called and used as for the exercise and execution of letters patents, concerning Gold and Silver Thread, &c. in Wood-street; and that in each search the said clerks had brought away divers books and writings, concerning such matters wherewith the said sir Giles standeth charged; which they had sealed up, according to the direction of the house. The Lords or dered that the said things so sealed up, should be safely kept by the clerk of parliament, until their lordships should be pleased to give further direction, about delivering them to such members of that house as should be assigned to receive the said books and papers, for the better manifestation of the truth in such matters as the said sir Giles stood charged with. March 6. The lords received a message

VOL. II.

also was referred by his majesty to the consideration of several of his council. That the benefit arising to the king was made over to others, pro tempore; that the authority granted by the king, was much abused in the exe

the subject; and lastly, that much imposture was used in the trade."

March 15th. The lord Wentworth moved, and it was ordered, That no bili but the Prince's bill should be read, until the business of sir Giles Mompesson be past and determined. The house to sit on convocation days, for the more speedy dispatch of that business.

March 22d. The Lord Chamberlain, one of the committee appointed to enquire into the Grievances of the Patent concerning Inns and Hostelries, reported, "That in the said Patent were three things considerable: 1st, the legality of it granted to Mompesson; but in that the committee had no power to judge. Next the inconvenience. Lastly, the abuses in the execution. That the inconvenience appeared in the patent, where the judges are made subject to a base of fee 5s.; and, in the execution, because that sir Giles Mompesson affronted the justices of the peace, and threatened several of them with the council-table. And, because there were certificates sent him, from time to time, of those Alehouse-keepers, who were sup

4 c

pressed for ill behaviour, he made this use of it, to make them Inn-keepers. That he granted licences to divers base fellows to keep inns; and sued out processes against 4000, for keep ing inus without licence, and for the price of horse-meat, of which he only tried two suits. Lastly, his lordship delivered a collection of the several abuses and the proofs of them."

The Earl of Arundel reported, "That the consideration of the Grievances by the Patents of sole Manufacturing Gold and Silver-Thread, complained of, being committed to his lordship and other lords joined with him in committee, That they had often met, the business being attended with great difficulty, and consisted of many particulars. That they had examined many witnesses, and more were produced who were fit to be examined, if the time of recess was not so near at hand. The lords committees have thought good to present to the house those proofs they have made, not to delay the time, but their lordships were not to be,excluded from giving further proofs hereafter. His lordship observed, That the committee dealt, chiefly, with the execution, not with the legality of these patents. They found in the execution thereof, that the authority given by these patents, which ought to have been rarely used, was used by them familiarly, to the undoing of thousands. That the warrants dormant, to seize and imprison, &c. exceed all kinds of warrants; of which there are three, and one of them is without date and razed; and the other hath a date by a new hand. That sir Giles Mompesson committed divers to prison, without examination, which they could not do by that warrant. Several were threatened with imprisonment. That one Fowlis did lock up divers in his own house. That several houses were violently broke up and the parties goods seized. That others were compelled to enter into bonds, not to exercise their own trade and to stand to their orders; and to make oath what quantity of Gold and Silver-Thread they sold, and to whom. That sir Giles confessed divers of these wrongs, and made restitution unto many. That this work of Gold and Silver-Thread was much sophist:cated, since the grant of the sole manufacture thereof. He further declared, That the lords committees urged none to accuse himself, and admonished every man not to accuse another out of passion. He desired, That though sir Giles be fled, yet that Fowlis and other delinquents may be heard here, what they can say in their own defence."

recompence of his service. The proceedings, warrants, and the abuses in the execution, are all set down in the declaration, delivered by the commons. Their lordships labour was to look into these informations, wherein they desired the help of divers gentlemen of the lower house; who, not as members of that house, but as private gentlemen and friends, gave their lordships full satisfaction therein. In this search, they found proofs of every point, set down in the said declaration: and, for their more full satisfaction, they reviewed the Records themselves, wherein they found some proceedings, not mentioned in the declaration, and not warranted by any commission, viz. 1. Process used by George Geldard, sir Giles Mompesson's agent, in the king's attorney's name; the said Geldard confessing to one and but one. 2. Sir Giles used Geldard and bis man, as his agents; Geldard to be Commissioner and Geldard's man to be his clerk. Their lordships found likewise, That Geldard's man gave the evidence to the Jury, and, though the jury found an imperfect verdict, yet Geldard proceeded as upon a perfect one. That Geldard compounded with divers who were questioned for their lands, as concealed, and employed those parties, as commissioners, for their own compositions. That they set down in their book an Advowson and a Rectory at 4d. per annum ; and lands, called Pease Marsh, at 10s. a year; which was afhrmed by sir George Moore, the tenant to it, to contain 700 acres, and to be better worth than 3001. a year. That there was no time limited to sir Giles to fill up his book; whereby, his vexing the subject, to fill the same, might continue 7 years. Lastly, their lordships conceived, That as his majesty had been abused in the Grant and in the Execution of it, so he should also have been in the end."-After this last Report was ended,

The Lord Admiral (Buckingham) stood up and moved the house, "That care might be taken hereafter, that the sophistication of the manufacture of Gold and Silver-Thread be prohibited; and none be permitted to work thereon, to waste and consume the bullion of the land." He commended the trade that set so many thousands on work; and, if order was first taken for bringing in bullion, and against the sophistication, it might be gainful both to the king and commonwealth; and to new patentees, if another patent thereof should be thought fit. He shewed further, "that the motive for the grant of Concealments was, The Earl of Southampton, one of the com- that sir Giles Mompesson offered his service to mittee to consider of the Grievances cold- consider how the multitude of officers in the plained of for concealments, reported to the exchequer might be cut off. In which his mahouse," That they find his 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 any grant. They find that sir Giles Mompesson 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 reofficers before him; by virtue whereof he fetch-solution to do; in consideration whereof, this ed up, from all parts, the king's officers, and kept them here to fill his book, granted unto him, of 2001. per annuin on concealed lands, in

Patent of Concealments was first granted to the said sir Giles. It was ill foreseen, that a man of his corrupt disposition should be admitted to

the Prince with his coronet on his head; the earl of Oxford, as lord great chamberlain, bearing his white staff, and the earl of Montgomery the sword. His majesty being seated on the throne, inade the following Speech to the Lords only:

"My lords; The last time I came hither, my errand was to inform you (as well as my memory could serve me, of things so long pass

view the Records, which he might embezzle, blot or raze out for his own profit; but, at that time, sir Giles had the reputation of an honest man. That sir Giles had abused this grant many ways, but, as yet nothing was past under seal. That the abu-e, party, grew out of this, that sir Giles had compounded with one Geldard for the same, who, to make his best commodity thereof, put into the book matters of great value at small rates; which when his lord-ed) of the verity of my proceedings, and the ship beard of, he rebuked sir Giles and willed him to look to it, and not to suffer any thing to be past but what the chancellor of the exchequer should first allow of. That, thereupon, the said sir Giles, in the hearing of his lordship, delivered his book to Mr. Chancellor to be viewed, and whatsoever he thought good to be put out. Lastly, though much was intended to the prejudice of his majesty and the subject, yet nothing was past."-When the minister had ended his speech, a motion was made and agreed to, That, although the Proofs given before the Lords against sir Giles Mompesson and others his agents, for their misdemeanors, were good and manifold, yet their lordships will hear the parties themselves what they can say in their own defence. But, because Easter is drawing on, and the time of recess very near, in which short space all the delinquents cannot be heard and proceeded against; it was further agreed, That a collection be made of all the proofs, concerning sir Giles only; which being read to the house, the Lords would proceed to sentence sir Giles, though absent; for that his flight is an eviction in law: and for that the expectation thereof is great as well as the grievance, therefore the proceedings should be with expedition, that the whole kingdom might hear of the Punishment imposed upon Delinquents, by this parliament, as well as of the granted Subsidies."

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cautions used by me in the passing of those Patents, which are now in question before you; to the effect, that they might not be abused in the execution; and this I did by way of declaration. But now I am come (understanding the time of your censure to draw near) to express my readiness to put in execution (which is the life of the law) those things, which ye are to sentence (for even the law itself is a dead letter without execution) for which office God hath appointed me in these kingdoms. And though I assure myself, that my former behaviour, in all the course of my life, hath made me well known for a just king; yet in this special case I thought fit to express my own intentions, out of my own mouth, for punishment of things complained of. The first proof whereof I have given by the diligent search I caused to be made after the person of sir Giles Mompesson, who though he were fled, yet my Proclamation pursued him instantly: and as I was earnest in that, so will I be to see your sentence against him put in execution-Two reasons move me to be earnest in the execution of what ye are to sentence at this time: first, that duty I owe to God, who hath made me a king, and tied me to the care of government by that politic marriage betwixt me and my people. For I do assure you in the heart of an honest man, and by the faith 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 Indictment in that house, or otherwise? And there being some confusion amongst the speakers, the Prince of Wales, who constantly attended this business morning and afternoon, made a motion, "That by the ancient Orders of the House, no lord was to speak twice, though to explain himself, except some other lord mistake his meaning in any part of his speech." This was commanded to be entered, and ordered to be observed.

March 23. The Earl of Huntingdon, one of the committee appointed to search Precedents of Sentences, &c. reported, "That they had searched the records, and the earl of Warwick read the heads of several precedents, and then delivered the notes taken out of the records, and signed by the officers, to be kept by the clerk"The collection of sir Giles Mompesson's offences, touching Ions and Hosteries, and the proofs thereof, were read, with the patent and commission concerning the same.

March 26. The King came to the House of Lords, the peers being all in their robes, and

complained of to me before the parliament, I would have done the office of a just king; and out of parliament have punished them as severely, and peradventure more, than ye now intend to do.-But now that they are discovered to me in parliament, I shall be as ready in this way, as I should have been in the other. For (I confess) I am ashamed (these things proving so, as they are generally reported to be) that it was not my good fortune to be the only author of the reformation and punishinent of them, by some ordinary courts of justice. Nevertheless since these things are now discovered by parliament which before I knew not of, nor could so well be discovered otherwise, in regard of that representative body of the kingdom, which comes from all parts of the country: I will be never a whit the slower to do my part for the execu tion. For, as many of you that are here have heard me often say, so I will still say: so precious unto me is the public good, that no private person whatsoever, were he never so dear unto me, shall be so respected by me, by many degrees, as the public good, not only of the

been given to any king before, and so accepted by me; and since I cannot yet retribute by a general pardon, which hath by form usually been reserved to the end of a parliament: the least I can do (which I can forbear no longer) is to do something in present, for the good and ease of my people.--Three patents at this time have been complained of, and thought great Grievances: 1. That of the Inns and Hosteries. 2. That of the Alehouses. 3. That of Geld and Silver Thread. My purpose is to strike them all dead, and (that time may not be lost) I will have it done presently. That concern

the managing of the justices of peace, as before. That of Gold and Silver Thread was most vilely executed, both for wrongs done to men's persons, as also for abuse in the stuff; for it was a kind of false coin. I have already freed the persons that were in prison: I will now also damn the patent: and this may seem instead of a pardon. All these three I will have recalled by proclamation, and wish you to advise of the fittest form for that purpose.I hear also that there is another bill amongst you against Informers: I desire you, my lords, that as ye tender my honour, and the good of my people, ye will put that bill to an end so soon as ye can; and at your next meeting to make it one of your first works. For I have already shewed my dislike of that kind of people openly in Star Chamber; and it will be the greatest ease both to me, and all those that are near about me at court, that may be. For I remember, that since the beginning of this parliament Buckingham bath told me, he never found such quiet, and rest, as in this time of parliament from projectors and informers, who at other times iniserably vexed him at all hours.

whole commonwealth, but even of any particular corporation that is a member of it and I hope that ye, ny lords, will do me that right to publish to my people this my heart and purpose. The 2nd reason is, That I intend not to derogate or infringe any of the liberties or privileges of this house, but rather to fortify and strengthen them. For never any king hath done so much for the nobility of England as I have done, and will ever be ready to do. And whatsoever I shall now say or deliver unto you as my thought, yet when I have said what I think, I will afterwards freely leave the judgment wholly to your house. I know ye will doing the Alehouses, I would have to be left to nothing, but what the like hath been done before: and I pray you be not jealous, that I will abridge you in any thing that hath been used. For whatsoever the precedents in times of good government can warrant, I will allow. For I acknowledge this to be the supreme court of justice, wherein I am ever present by representation. And in this ye may be the better satisfied by my own presence, coming divers times amongst you: neither can I give you any greater assurance, or better pledge of this my purpose, than that I have done you the honour to set my only son among you; and hope that ye with him, shall have the means to make this the happiest parliament that ever was in England. This I profess, and take comfort in, that the Commons at this time have shewed greater love, and used me with more respect in all their proceedings, than ever any house of comions have heretofore done to me, or (I think) to any of my predecessors. As for this house of yours, I bave always found it respective to me; and accordingly do I, and ever did favour you as ye well deserved. And I hope it will be accounted a happiness for you, that my son doth now sit amongst you, who, when it shall please God to set him in my place, will then remember that he was once a member of your house; and so be bound to maintain all your lawful privileges, and like the better of you all the days of his life. But, because the world at this time talks so much of bribes, I have just cause to fear, the whole body of this house hath bribed him to be a good instrument for you upon all occasions: he doth so good offices in all his reports to me, both for the house in general, and every one of you in particular. And the like I may say of one that sits there. (Buckingham.) He hath been so ready upon all occasions to do good offices, both for the house in general, and every member thereof in particular. One proof thereof, I hope my lord of Arundell hath already witnessed unto you, in his report made unto you of my answer, touching the privileges of the nobility, how earnestly he spake unto me in that matter.-Now, my lords, the time draws near of your recess; whether formality will leave you time for proceeding now to sentence against all, or any the persons now in question, I know not. But for my part since both houses have dealt so lovingly and freely with me, in giving me, as a free gift, two Subsidies in a more loving manner than hath

And now I confess, that when I looked before upon the face of the government, I thought (as every man would have done) that the people were never so happy as in my time. For even, as at divers times I have looked upon many of my coppices, riding about them, and they appeared on the outside very thick, and well grown unto me: but when I entered into the midst of them, I found them all bitten within, and full of plains and bare spots; like an apple or pear, fair and smooth without, but when ye cleave it asunder, ye find it rotten at the heart: even so this kingdom, the external government being as good as ever it was, and I am sure as learned judges as ever it had (and I hope as honest) administering justice within it; and for peace, both at home and abroad, I may truly say, more settled, and longer lasting, than ever any before, together with as great plenty as ever: so as it was to be thought, that every man might sit in safety under his own vine, and his own fig-tree: yet I am ashamed, and it makes my hair stand upright, to consider, how in this time my people have been vexed, and polled by the vile execution of projects, patents, bills of conformity, and such like; which, besides the trouble of my people, have more exhausted their purses, than

amongst you, may be entered into the records of this house."

The collection of Offences and Abuses committed by sir Giles Mompesson, in the three patents which were granted to him, being all read: it was resolved by the whole house, "That it did appear to the lords, and they were fully satisfied, sir Giles Mompesson had erected a court without warrant; and, also, that he imprisoned the king's subjects and exacted bonds from them by threats, without warrant; and, afterwards, by undue practices, procured a proclamation and other warrants to colour such his doings. And yet that he executed all these ills, and seized the goods of divers persons, contrary to such authority, so unduly procured by him. That he neither paid the 10l. reserved rent to the king, nor brought in the 50007, of bullion yearly, as he pretended and covenanted to have done. And that all

his other offences and abuses had been fully proved against him." Hereupon it was agreed, "That the lords would give sentence against sir Giles, in their robes, in the afternoon. The lord admiral, Buckingham, desired to be excused if he should be absent; but he gave his assent to their lordships censure of the said sir Giles; affirming, That he had highly abused the king, and also himself, more than any other lord of that house."

subsidies would have done.-Now, my lords, | before I go hence, since God hath made me the great judge of this land under him: and The King having ended his Speech, the Lords that I must answer for the justice of the same: conceived so much joy thereat; that they orI will therefore (according to my place) remem-dered the whole house to go to him, at one in ber you of some things, though I would not the afternoon, with their most humble thanks teach you. For no man's knowledge can be for it. so good, but their memorics will be the better to be refreshed. And now because ye are coming to give judginent, all which moves from the king, that you may the better proceed, take into your care two things: 1st to do bonum; 2ndly, next to do it benè. I call bonum when all is well proved, whereupon ye judge, for then ye build upon a sure foundation; and by benè I understand, that ye proceed with all formality and legality: wherein you have fit occasion to advise with the judges, who are to assist you with their opinions in cases of that nature; and woe be to them, if they advise you not well. So the ground being good, and the form orderly, it will prove a course fitting this high court of parliament.-In sentence ye are to observe two parts: 1st, to recollect that which is worthy of judging and censuring: and 2ndly, to proceed against these, as against such like crimes properly. We doubt there will be many matters before you, some complained of out of passion, and some out of just cause of grievance. Weigh both; but be not carried away with the impertinent discourses of them, that name as well innocent men, as guilty. Let your judgments only take hold of the guilty: proceed judicially, and spare none where ye find just cause to punish: but let your proceedings be according to law. And remember, that laws have not their eyes in their necks, but in their foreheads. For the moral reason of the punishment of vices, in all kingdoms and commonwealths is, because of the breach of laws standing in force for none can be punished for breach of laws by predestination, before they be made. There is yet one particular, which I am to remember you of, I hear that sir Henry Yelverton who is now in the Tower, upon a sentence given in the Star Chamber against him, for deceiving my trust) is touched concerning a warrant dormant, which he made while he was my attorney: The which my lord treasurer* here refused to set his hand unto, like an honest man, when it was brought unto him. I protest, I never heard of this warrant dormant before, and I hold it as odious a matter, as any is before you and if, for respect to me, ye have forborn to meddle with him in examination, because he is my prisoner; I do now here freely remit him unto you, and put him into your hands. And this is all I have to say unto you, at this time; wishing you to proceed justly and nobly, according to the orders of your house: and I pray God to bless you: and ye may assure yourselves of my assistance; wishing that what I have said this day,

:

* Henry Montagu, viscount Mandeville. He had been before lord chief justice of England.

March 26, p. m. The whole house met again. The lords were in their robes, in order to give sentence against the offender, it was much debated first, amongst them, what punishment sir Giles deserved for his high crimes: and, because the punishment inflicted heretofore on Empson and Dudley was much spoken of, the lords desired to hear their indictments. The indictment of Rd. Empson, taken at Northampton, 1 Hen. 8. was read; by which it was observed, that the said Empson was indicted for treason against the king. The attorneygeneral also certified to their lordships, that Dudley was indicted, in London, for treason. But to the end that these matters might be more freely discussed, and what punishment was fit to be inflicted on the offender, the house adjourned ad libitum; when, after a long debate, the lords agreed upon a Judgment against sir Giles: the earl of Arundel observing, that their lordships might proceed against him hereafter, if more matter, or matter of a higher nature, was found out.-Accordingly a Message was sent from the Lords to the Commons, "That if they and their Speaker, according to the ancient custom of parlia ments, come to demand of the lords, that judgment be given against sir Giles, for the heinous offences by him committed, they shall be heard: also that the Lords desire a conference with them, in the Painted Chamber, to-morrow morning." Answer returned, "That they