« VorigeDoorgaan »
whole commonwealth, but even of any porti- | been given to any king before, and so accepted cular corporation that is a member of ili and by me ; and since I cannot yet retribute by a I bope that ye, iny lords, will do me that right general pardon, u bich hath by form usually been to publish to my people this iny heart and reserved to the end of a parliament: the least purpose.-The 2nd reason is, That I intend I can do (which I can foi bear no longer) is to not to derogate or infringe any of the liberties do something in present, for the good and ease or privileges of this buuse, but rather to for of my people.---Three patents at this tine uity and strengthen thein. For never any king have been complained of, and thought great hath done so much for the nobility of England Grievances : 1. That of the Inns and Hosteries. as I have done, and will ever be ready to do. 2. That of the Alebouses. 3. That of Geld And whatsoever I shall now say or deliver unto and Silver Tbread. My purpose is to strike you as my thought, yet when I bave said that them all dead, and that time may not be lost) I think, I will aiterwards ficely leave the judg- I will have it done presently. That concernment wholly to your house. I know ye wil do ing the Alehouses, I would have to be left to nothing, but what the like hath been done be ibe managing of the justices of peace, as before: and I pray you be not jealous, that I will fore. That of Gold and Silver Thiead was a bridge you in any thing that hath been used. most vilely executed, both for wrongs done to For whatsoever the precedents in times of good men's persons, as also for abuse in the stati; government can warran!, I will allow. For I ac for it was a kind of false coin. I have already knowledge this to be the spreme court of jus- tieed the persons that were in prison : I will tice, wherein I am ever pre:ent by representa
now also damn the patent: and this may seem tion. And in this ve may be the better satisfied instead of a pardon. All these three I will by my own presence, coming divers times bate recalled by proclamation, and wish you amongst you: neither can give you any greater
to advise of the filtest form for that purpose.assurance, or better pledge of this my purpose, I hear also ibat there is another bill amongst than that I have done you the honour to set you against Informers: I desire you, my lords, my only son among you; and hope that ye that as ye tender my honour, and the good of with lim, shall have the means to make this my people, ye will put that bill to an end so the happiest parliament that ever was in Eng. soon as ye can; and at your next meeting to landi. Thi, I protess, and take comfort in, that make it one of your first works. For I have the Commons at this time bave shewed greater already shewed my dislike of that kind of peolove, and used me with more respect in all ple openly in Star Chamber; and it will be their proceedings, than ever any house of com the greatest ease both to me, and all those inons have heretofore done to me, or (I think) that are near about me at court, that may be. to any of my predecessors. As for this bouse For I remember, that since the beginning of this of yours, I bave always found it respective parliament Buckingham hath told me, he never to ine; and accordingly do I, and ever did found such quiet, and rest, as in this time of parfavour you as ye well deserved. And I bope liament from projectors and informers, who at it will be accounted a happiness for you, that other times iniserally vesed him at all hours. my son doth now sit amongst you, who, when - And now I confess, that when I looked letore it shall please God to set him in my place, will upon the face of the government, I thought (as then remember that he was once a member of every man would have done) that the people your house; and so be bound to maintain all were never so happy as in my time. For your lawful privileges, and like the better of you even, as at divers times I have looked upon all the days of his life. But, because the world inany of my coppices, riding about thein, and at this tiine talks so much of bribes, I have they appeared on the outside very thick, and just cause to fear, the whole body of this house well group unto me : but when I entered into hath bribed him to be a good instrument for the midst of them, I found them all bitten you upon all occasions : he dotlı so good offices within, and full of plaivs and bare spots; like in all bis reports to me, both for the house in an apple or pear, thir and smooth without, buc general, and every one of you in particular. when ye cleare it asunder, ye find it rotten at And the like I may say of one that sits there. the heart: even sv this kingdom, the external (Buckingham.)He hath been so readyupon all oc-government being as good as ever it was, casions to do good offices, both for the house in and I am sure as learned judges as ever it had general, and every member thereot in particular. (and I hope as honest) administering justice One proof thereof, I hope my lord of Arundell within it; and for peace, both at home and hath already witnessed unto you, in his re abroad, I may truly say, more settled , and port made unto you of my answer, touching longer lasting, than ever any before, together the privileges of the nobility, how earnestly he withi is great plenty as ever: so as it was to be spake unto me in that matter.- Now, my lords, thought, that every man might sit in safety the time draws near of your recess : whether under his own vine, and his own fig-iree : vet Í formality will leave you time for proceeding am ashamed, and it makes my hair stand upright, now to 'enience against all, or any the persons to consider, how in this time my people have now in question, I know not.
But for my part
been vexed, and polled by the vile execution since both houses have dealt so lovingly and of projects, patents, bills of conformity, and freely with me, in giving me, as a free gift, two such like; which, besides the trouble of my Subsidies in a more loving manuer than hath people, have more exhausted their purses, than
subsidies would bave done.-Now, my lords, | amongst you, may be entered into the records before I go hence, since God hath made me of this house." 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 memories will be the better The collection of Offences and Abuses comto be refresherl
. And now because ye are mitted by sir Giles Mompesson, in the three pacoming to give judgınent, all which moves from tents which were granted to him, being all read: the king, that you may the better proceed, it was resolved by the whole house, “ That it take into your care two things : 1st to do did appear to the lords, and they were fully, honum; 2.dly, next to do it benè. I call bonum satisfied, sir Giles Moppesson had erected a when all is well proved, whereupon ye judge, court without warrant'; and, also, that he imfor then ye build upon a sure foundation; and prisoned the king's subjects and exacted bonds by benè I understand, ihat ye proceed with all from them by threats, without warrant; and, formality and legality: wlierein you have fit alterwards, by undue practices, procured a occasion to advise with the judges, who are to proclamation and other warrants 10 colour assist you with their opinions in cases of that such bis doings. And yet that he executed nature; and woe be io thein, if they advise all these ills, and seized the goods of divers you not well. So the ground being good, and persons, contrary to such authority, so unduly the form orderly, it will prove a course fitting procured by him. That he neither paid the this high court of parliament.--In sentence 101. reserved rent to the king, nor brought in ye are to observe iwo parts: 1st, to recollect the 50001. of bullion yearly, as he pretended that which is worthy of judging and censur- and covenanted to have done. And that all ing: and 2ndly, to proceed against these, as his other offences and abuses had been fully against such like crimes properly. We doubt proved against him.” Hereupon it was agreed, there will be many matters before you, some That the lords would give sentence against complained of out of passion, and some out of sir Giles, in their robes, in the afternoon. The just cause of grievance. Weigh both; but | lord admiral, Buckingham, desired to be exbe not carried away with the impertinent dis- cused if he should be absent; but he gave bis courses of them, that name as well incocent assent to their lordships censure of the said sir men, as guilty. Let your judgments only take Giles; affirning, That lie had highly abused hold of the guilty: proceed judicially, and spare the king, and also himself, more than any other none where ye tind just cause to punish : but lord of that house." let your proceedings be according to law. And March 26, p. m. The whole house met again. remember, that laws have not their eyes in The lords were in tbeir robes, in order to give their necks, but in their foreheads. For the sentence against the offender, it was much demoral reason of the punishment of vices, in all bated first, amongst them, what punishment kingdoms and commonwealths is, because of sir Giles deserved for his high crimes: and, the breach of laws standing in force : for none because the punishment inflicted beretofore on can be punished for breach of laws by predes. Empson and Dudley was much spoken of, the tination, before they be made. There is yet lords desired to hear their indictments. The one particular, which I am to remenaber you indictment of Rd. Empson, taken at Northof, I hear that sir Henry Yelverton who is now ainpton, 1 Hen. 8. was read; by which it was in the Tower, upon a sentence given in the observed, that the said Empson was indicted Star Chamber against him, for deceiving my for treason against the king. The attorneytrust) is touched concerning a warrant dor- general also certified to their lordships, that mant, which he made while he was my attor. Dudley was indicted, in London, for treason. ney: The which my lord treasurer* here re But to the end that these inatters might be fused to set his hand unto, like an honest man, more freely discussed, and what punishment when it was brought unto him. I protest, I was fit to be inflicted on the offender, the never heard of this warrant dormant before, house adjourned ad libitum ; when, after a and I hold it as odious a matter, as any is be- long debate, the lords agreed upon a Judy. fore you: and if, for respect to me, ye have ment against sir Giles: the earl of Arundel for born to meddle with him in examination, be observing, that their lordships might proceed cause he is my prisoner; I do now here freely against him hereafter, if more matter, or matremit him unto you, and put him into your ter of a higher nature, was found out.-Accordhands. And this is all I have to say unto ingly a Message was sent from the Lords to you, at this time; wishing you to proceed the Commons, “That if they and their Speaker, justly and nobly, according to the orders of according to the ancient custom of parliayour house: and I pray God to bless you : ments, come to demand of the lords, that judgand ye may assure yourselves of my assist- ment be given against sir Giles, for the heinous ance; wishing that what I have said this day, offences by him committed, they shall be heard :
also that the Lords desire a conference with Henry Montagu, viscount Mandeville. He them, in the Painted Chamber, to-morrow had been before lord chief justice of England. morning." Answer returned, « Tbat thev
would come to demand judgment; and that meanors and trespasses.'3. That his testimony they agreed to the conference.”-In the mean be received in no court; and that he sball te time the lord treasurer reported, “ That, ac- of no assize, inquisition, or jury. 4. That be cording to the order of the house made this shall be excepted out of all general pardons to morning, the Prince's highness, accompanied be hereafter granted. 5. That he shall be inwith many lords, did present unto his majesty prisoned during life. 6. That he shall not ap most humble thanks for his inajesty's most gra- proach within 12 miles of the courts of the ki; cious Speech to the Lords that inorning; which or prince, nor of the king's ligh courts usually thinks, with the manner of presenting the holden at Westninster. 7. That the king's mai. sume, was most joyfully accepted by him, as shall have the protits of his lands for life, and he expressed in many kind and favourable shall have ali bis goods and chattels as fuste ted; words; adding, “ That the Lords had taken and he shall undergo fine and ransom, which the riglit way to catch a king, by speaking to their lordships assess at 10,0001. 8. Tinile shal! bim by his son.”
be disabled to hold or receive any oit.ce un bez The knights, citizens, and burgesses of the the king, or for the coinmonwealth. 9. Last, House of Commons, with their Speaker, being That he te ever held an infamous person." come up to the bar, the Speaker repeated the March 27. The Lurd aldmiral delivered is last message which the lords had sent untol majesty's hearty thanks to the Lords, for their them, and sid, The Commois, by me, their Sentence given yesterday against Mompe-son, Speaker, demand judgment against sir Giles it being so just, and yet moderate, in re-pisi Mompesson, as the heinousness of his offences of the heinousness of the offence. Aud said, duth require."
That the king, out of regard to his people and The Lord Chief Justice, as Speaker of the detestation of the said crimes, is pleustd, c: house of peers, answered: “ Mr. Speaker, the abundante, to infiict perpetual banishment on Lords spiritual and temporal have taken hnow- the said Mompesson, out of all his majesty's ledge of the great pains the Commons bave dominiops. been it, to inform their lordships of many com The Commons being ready in the Painted plin's brought unto them against sir Giles Chamber, for the conference; before the Lorus Mimpesson, and others, whereof their lord- went to them, the loid treasures first reported ships received several instructions from them; the heads of what he was to deliver, by direcand, thereupon, proceeding by examination of uon from the house. “ To make a short redivers witnesses upon vath, they find sir Giles, cital of his majesty's gracious speech here resand several others, guilty of many heinous terday. His majesty's good allowance and apcrimes against the king's majesty, and against probation of the senience giren against Monthe comino.inealth.-Time will not permit pesson; and that, out of his grace and favour their lordships to deal with all the ottenders to the people, he had added, to the punishnw; therefore they proceed to give judgment ment, perpetual banishment. That the lords against sir Giles, according to your devand; of this house yesterday presented, by the prince, aid, hereafter, their fordships will proceed their humble thanks unto his majesty for Lis against the other offenders. The Judgment of said speech to their house; which was well acthe lords against the said sir Giles is, and, cepted of. To let then know that the lorus the Lords spiritual and temporal of this hich did consider of the precedents for Empson and court of parliament, do award and adjudge, 1. Dudley; but found they did not concur with That sir Giles shall, from henceforth, be de- this case of Mompesson, they heing both indicegraded of the order of Koighthood, with reser- ed for treason."--The conference being over, valion to his wite and children; the ceremonies it was ordered, That the whole Proceedings of degradation to be performed by direction of against Mompesson should be drawn up by the earl marshal's court, whensoever he shall the king's council, perused by a committee of be taken. 2. That he shall stand perpetually lords appointed for that purpose, and entered in the degree of a person outlarved for misde- in the records of parliainent.
117. Proceedings in Parliament against Sir Francis Michell, a
Monopolist and Patentee, and Co-Partner with Sir Giles Mom-
Offences wherewith sir Francis Michell is
charged, and their Proofs. April 26, 1621.
1. “That he received an annuity of 100l. This day, Mr. serjcant Crew came to the per ann. (to be continued for five years), for house if lords, and opened the Olsences com- , executing the Commission concerning Gold mitted by sir Francis Michell, Prisoner in the and Silver Thread. Proved by the Deed of Tower, and the Proofs thereof: viz,
the Grant thereof from Rd, Dike and sir Vich.
Salter, kot unto him the said sir Francis, dated 1 read, dated in Oct. following, in the same year, 27th May, 1619.
Unto which he ansered, That many Bonds 2. “ He and Henry Tweedy took upon
them were taken by Mompesson, but not by hun; the execution of the first Commission touching he confesseth, that he and Mr. Tweedy entered Gold and Silver Thread, date: 22nd Aprilis, into this business alone, the other Commis. 16 Jac. and therein exceeded and abused their sioners not having leisure That he trusted power, by committing divers to prison before Mr. Tweedy with the examinations of any conviction, and by committing to prison divers brought before them; and that they dealt with for refusal to enter into bond required by an even hand, and acquainted the king'- Atthem; which was not then warranted by the torney, from time to time, with their courses, commission. Proved by Robert Moore, Win. and had his advice; and, if Mr. Tweedy be not Symondes, John Wakeland, and Hugh Under in more blame than he, then they have done hill, committed for refusing to be bound from nothing contrary to the Commission, their free trades, in May 1618, 16 Jac. and by 3. “ That, there being a second Commisthe bonds of divers others.
mission, touching Gold and Silver Thread, 3. “That, there being a second Com dated 261h Oct. 16 Jac. he alone commiited mission, touching Gold and Silver Thread, divers into prison, the authority being unto dited 26th Oct. 16 Jac. be alone committed He denies, that he did ever.sit down, or divers to prison; the authority being unto two. do any thing alone, as a Commissioner. The Prored by Eleanor Tower, committed to prison Deposition of Eleanor Towne being read, it by him alone, in Sept. 1618.
appeared, that he alone had coinmitied to 4. “ That he crected an Office, kept a Court, prison ; and he being demanded why he remade Officers, and divers unwarrantable Or called his mittimus to the keeper of Newgate, ders, and exacted bonds for the observance of for the commitment of Robert Moore, William the same.
Proved by two books of Orders of Symons, Hugh Underbill, John Wakeland, that Court, and by the deposition of William Robert Patrickson, Jo. Mason, W'm. Wbiting, Acton, S. Paske, James Grove, and Edm. Pace, Anth. Sands, and Thomas Ledsham, committed sent for to that Office, before Mompesson and by him and Henry Tweedy, dated 6th June, him, for the exacting of Bonds; and by the A.D. 1618. He confessed he did so, and gave Bonds themselves, dated June, 1019, and the bis reason why he did it; viz. because he would Bund of Nath. Deards unto Mompesson and write with his own hands, in the margin thereMichell, dated 25th Sept. 1620.
of, the discharge of the said persons. 5. " That, in the Suit brought by Fowles, in 4.“ Touching the erection of the Office, the Star-chamber, against Francis Lake and keeping of a Court, making Oficers and Or others, he took of Francis Lake three 22 shilling ders, and exacting Bonds, to observe those pieces to compound the same. Proved by Fran. laws: He denied not the erection of an Office, Lake."
nor keeping of a Court; but said, that he
joined with the other Commissioner MomSir Francis Michell's Defence. Sir Francis Michell, being called to the Some of the Orders contained in the Book bar, was charged with the said Offences; and of Orders being read; he denied them not; made his Answer unto them particularly. but said, that all ihe Orders contained in that
1. To the first, touching the Annuity of 1001. book were made by the parties consent, of per annum. He denied, that he received that whom they took Bonds; and confessed they Annuity as he was Commissioner, but in con were all made by Mompessou and him. sideration of his pains to be taken to settle 5. “ And, touching his taking of money of the controversies betwixt Mathias Fowles (the Lake, in the Star-chamber suir, being then a king's agent for gold and silver thread, as he Commissioner: he denied it not; but said, that termed him) and divers Goldsmiths, and others; Lake bad more of him since." which controversy be appeased, and settled The Prisoner, having leave to speak for himwliat profit should be answered to any for that self, made a Discourse, commending the first business; and said, be knew not whether he Commission, touching Gold and Silver Thread; were a Commissioner or no at that time, when and that he misliked the second Commission, the annuity was granted unto him.
and the proceedings, and would not have med2. That he and Henry Tweedy committed to dled with it, if he could have avoided it; but prison, contrary to the power given by the Mompesson told him weekly, that he had comCommission, dated 22nd April, 16 Jac.; and mand from the king to do thus and thus, and exacted Bonds, &c. which was not then war what should he do 1o withstand Mompesson. rantable. He denied, that he committed any Sir Francis was then withdrawn from the bar." to prison before the 7th of May, 17 Jac. The Depositions of were read, who
Judgment against Sir Francis MichelL. deposed that they were committed unto Prison May 4. The Offences wherewith sir Francis before.
Michell is charged, 26 April, being read, the He denied also, that he took Bonds of any bouse was adjourned ad libilum. man before there was a Proclamation to war Mr. Serjeant Crew having opened the rant the same. Many Bonds were produced, Charge, and the Proofs, the house was resumed dated in
And the Proclamation was. again. It was put to the question, Whether
sir Francis Michell be so guilty of the Offences, " Mr. Speaker, the lords spiritual and temor any of them, charged upon him, that is poral have taken into due consideration the worthy to be censured. Agreed unto, per great care and pains taken by the Commons to omnes.
inform their lordships of the great Complaints, The Lords, being agreed of the Sentence and the qualities and natures thereof, presentupon sir Francis Michell, sent a Message unito ed unto them against sir Francis Michell and the house of commons : That the Lords have others, whereof their lordships being well preproceeded against sir Francis Michell, upon pared by them, 10 the true understanding of Complaint of the Commons; they have found the same, and thereupon having proceeded for hiin guilty of many exorbitant offences, and the perfect discovery thereof, by examination are ready to give Judgment against him, if they, of divers witnesses upon oath, do find thereby, with their Speaker, will come to demand it. the said sir Francis Michell clearly guilty of
Answered, They will come accordingly, many great Crimes and Offences against his with all convenient speed. In the mean time, majesty and the commonwealth), and have rethe lords put on their robes.
solved, at this time, to proceed to Judgment The Commons being come, and the Speaker against him for the same. at the bar, after low obeisances, be said :
" And therefore the Lords Spiritual and “ There was heretofore related unto their | Temporal of this great and bigh court of parlialordships, by the house of commons, a Com. ment do award and adjudge: *1. That the plaint of inany Grievances against Mompesson • said sir Francis Michell shall stand, and be and sir Francis Michell, for many offences ' from henceforth, degraded of the order of committed by them against the king and the knighthood, with reservation of the dignity of commonwealth ; your lordships bave proceeded his now wife and children; and the ceremowith Mompesson, and given Judgment against ' nies of degradation to be performed by direchim. Understanding that you are ready to pro * tion of this court to the earl Marshal's court, nounce Judgment also against sir Francis Mi- • 2. That he shall be imprisoned, during the chell, I the Speaker, in the name of the king's pleasure, in Finsbury Gaol, in the same knights, citizens, and burgesses of the commons chamber there, where he provided for others; house of parliament, do demand and pray, that • The Tower, where he now remains, being a Judgment be given against him the said sir | prison too worthy of him. 3. That be shall Francis Michell, according to his demerits." undergo the fine of 1000l. 4. That he shall
The Lord Chief Justice pronounced the be disabled to hold or receive any oftice Judgment, in hæc verba :
. under the king, or for the commonwealth.'
118. Proceedings against Sir HENRY YELVERTON, the King's At
torney-General,* for Misdemeanors : 19 James I. A. D. 1621.
Sir llenry Yelverton being brought by the The lords ordered, That the lord chief jus- gentleman usher to the bar, and kneeling until tice should grant a special warrant to the Lieu-le had leave, and was willed to stand up; the tenant of the Tower, to bring sir Ilenry Yel-Lord Chief Justice read the Particulars whereverton and sir Francis Mitchel before their with he was charged; unto the which the said lordships at the same time.
sir Henry Yelverton made several Answers im
mediately. ARTICLES of Charge against Sir H. Yelderton, The Particulars and the Answers follow, in with his ANSWERS.
hæc verba : • Sir Henry Yelverton is charged : April 18. The house adjourned themselves I. That he did commit divers, for refusing to into a committee, to debate and settle in what enter into bonds, to restrain their own trade, manner to proceed against sir Henry Yelver- &c. before he had any authority to require ton, then Attorney General, and, being agreed,' any such bonds.'-- Resp. He confesseth, he the Chief Justice resumed his place.
committed divers to prison; and justifieth the * Of this case Wilson (2 Kenn. Compl. Hist. of honesty, That he was willing to lay down his 734) says,
“ Sir Henry Yelverton, the king's preferment at the king's feet, and be trod upon attorney, had found the effects of Buckingham's by the growing power of Buckingham, rather anger, by not closing with his desires in such than prosecute his patron Somerset, that had patents as he required : so that all his actions advanced bim, as his predecessor Bacon bad being anatomized, some miscarriages are made spitefully done his." - The Historian's recriminal; he is committed to the Tower, and proach of Bacon is for his conduct in the proseanother put in his place that should be more cution of the Earl of Essex; ante, vol. 1, p. 1333, observant. The king now lays upon hiin a as to which, see Bacon's Apology addressed to warrant dormant, which did not much starile the Earl of Devonshire, printed in the second him ; for he was not long after released, and vol. of Birch's edition of his works in fto."
'* a Judge, carrying with himn this character