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would come to demand judgment; and that they agreed to the conference."-In the mean time the lord treasurer reported, "That, according to the order of the house made this morning, the Prince's highness, accompanied with many lords, did present unto his majesty most humble thanks for his majesty's most gracious Speech to the Lords that morning; which thanks, with the manner of presenting the same, was most joyfully accepted by him, as he expressed in many kind and favourable words; adding, "That the Lords had taken the right way to catch a king, by speaking to him by his son."

The knights, citizens, and burgesses of the House of Commons, with their Speaker, being come up to the bar, the Speaker repeated the last message which the lords had sent unto them, and said, "The Commons, by me, their Speaker, demand judgment against sir Giles Mompesson, as the heinousness of his offences doth require."

meanors and trespasses. 3. That his testimony be received in no court; and that he shall be of no assize, inquisition, or jury. 4. That be shall be excepted out of all general pardons to be hereafter granted. 5. That he shall be imprisoned during life. 6. That he shall not approach within 12 miles of the courts of the king or prince, nor of the king's high courts usually holden at Westminster. 7. That the king's maj. shall have the profits of his lands for life, and shall have all his goods and chattels as forfeited; and he shall undergo fine and ransom, which their lordships assess at 10,0001. 8. That he shall be disabled to hold or receive any office under the king, or for the commonwealth. 9. Lastly, That he be ever held an infamous person.”

March 27. The Lord Admiral delivered his majesty's hearty thanks to the Lords, for their Sentence given yesterday against Mompessoa, it being so just, and yet moderate, in respect of the heinousness of the offence. And said, That the king, out of regard to his people and detestation of the said crimes, is pleased, er abundante, to inflict perpetual banishment ou the said Mompesson, out of all his majesty's dominions.

The Lord Chief Justice, as Speaker of the house of peers, answered: " Mr. Speaker, the Lords spiritual and temporal have taken knowledge of the great pains the Commons have been at, to inform their lordships of many com- The Commons being ready in the Painted plain's brought unto them against sir Giles Chamber, for the conference; before the Lords Mompesson, and others, whereof their lord- went to them, the lord treasurer first reported ships received several instructions from them; the heads of what he was to deliver, by direcand, thereupon, proceeding by examination of tion from the house. "To make a short redivers witnesses upon oath, they find sir Giles, cital of his majesty's gracious speech here yesand several others, guilty of many heinous terday. His majesty's good allowance and apcrimes against the king's majesty, and against probation of the sentence given against Momthe commonwealth.-Time will not permit pesson; and that, out of his grace and favour their lordships to deal with all the offenders to the people, he had added, to the punishnow; therefore they proceed to give judgment ment, perpetual banishment. That the lords against sir Giles, according to your demand; of this house yesterday presented, by the prince, aid, hereafter, their lordships 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 them know that the lords the Lords spiritual and temporal of this high 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 being both indictgraded of the order of Knighthood, with reser-ed for treason."-The conference being over, vation to his wife 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 outlawed for misde- in the records of parliament."

117. Proceedings in Parliament against Sir FRANCIS MICHELL, a Monopolist and Patentee, and Co-Partner with Sir Giles Mompesson 19 JAMES I. A. D. 1621. [Lords' Journals.

Parl. Hist. 1942.]

Charge against Sir Francis Michell.

April 26, 1621.

THIS day, Mr. serjeant Crew came to the house of lords, and opened the Offences committed by sir Francis Michell, Prisoner in the Tower, and the Proofs thereof: viz.

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Offences wherewith sir Francis Michell is

charged, and their Proofs.

1. "That he received an annuity of 100% per ann. (to be continued for five years), for executing the Commission concerning Gold and Silver Thread. Proved by the Deed of the Grant thereof from Rd, Dike and sir Nich.

Salter, knt. unto him the said sir Francis, dated 27th May, 1619.

2. "He and Henry Tweedy took upon them the execution of the first Commission touching Gold and Silver Thread, datei 22nd Aprilis, 16 Jac. and therein exceeded and abused their power, by committing divers to prison before conviction, and by committing to prison divers for refusal to enter into bond required by them; which was not then warranted by the commission. Proved by Robert Moore, Win. Symondes, John Wakeland, and Hugh Underhill, committed for refusing to be bound from their free trades, in May 1618, 16 Jac. and by the bonds of divers others.

3. "That, there being a second Commission, touching Gold and Silver Thread, dated 26th Oct. 16 Jac. he alone committed divers to prison; the authority being unto two. Proved by Eleanor Tower, committed to prison by him alone, in Sept. 1618.

4. "That he erected an Office, kept a Court, made Officers, and divers unwarrantable Orders, and exacted bonds for the observance of the same. Proved by two books of Orders of that Court, and by the deposition of William Acton, S. Paske, James Grove, and Edm. Page, sent for to that Office, before Mompesson and him, for the exacting of Bonds; and by the Bonds themselves, dated June, 1619, and the Bond of Nath. Deards unto Mompesson and Michell, dated 25th Sept. 1620.

5. "That, in the Suit brought by Fowles, in the Star-chamber, against Francis Lake and others, he took of Francis Lake three 22 shilling pieces to compound the same. Proved by Fran. Lake."

Sir Francis Michell's Defence.

Sir Francis Michell, being called to the bar, was charged with the said Offences; and made his Answer unto them particularly.

1. To the first, touching the Annuity of 1007. per annum. He denied, that he received that Annuity as he was Commissioner, but in consideration of his pains to be taken to settle the controversies betwixt Mathias Fowles (the king's agent for gold and silver thread, as he termed him) and divers Goldsmiths, and others; which controversy he appeased, and settled what profit should be answered to any for that business; and said, he knew not whether he were a Commissioner or no at that time, when the annuity was granted unto him.

2. That he and Henry Tweedy committed to prison, contrary to the power given by the Commission, dated 22nd April, 16 Jac.; and exacted Bonds, &c. which was not then warrantable. He denied, that he committed any to prison before the 7th of May, 17 Jac.

The Depositions of were read, who deposed that they were committed unto Prison

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read, dated in Oct. following, in the same year. Unto which he answered, That many Bonds were taken by Mompesson, but not by him; he confesseth, that he and Mr. Tweedy entered into this business alone, the other Commissioners not having leisure That he trusted Mr. Tweedy with the examinations of any brought before them; and that they dealt with an even hand, and acquainted the king's Attorney, from time to time, with their courses, and had his advice; and, if Mr. Tweedy be not in more blame than he, then they have done nothing contrary to the Commission.

3. "That, there being a second Commismission, touching Gold and Silver Thread, dated 26th Oct. 16 Jac. he alone committed divers unto prison, the authority being unto two. He denies, that he did ever sit down, or do any thing alone, as a Commissioner.-The Deposition of Eleanor Towne being read, it appeared, that he alone had committed to prison; and he being demanded why he recalled his mittimus to the keeper of Newgate, for the commitment of Robert Moore, William Symons, Hugh Underhill, John Wakeland, Robert Patrickson, Jo. Mason, Wm. Whiting, Anth. Sauds, and Thomas Ledsham, committed by him and Henry Tweedy, dated 6th June, A. D. 1618. He confessed he did so, and gave his reason why he did it; viz. because he would write with his own hands, in the margin thereof, the discharge of the said persons.

4. "Touching the erection of the Office, keeping of a Court, making Officers and Orders, and exacting Bonds, to observe those laws: He denied not the erection of an Office, nor keeping of a Court; but said, that he joined with the other Commissioner Mompesson therein.

Some of the Orders contained in the Book of Orders being read; he denied them not; but said, that all the Orders contained in that book were made by the parties consent, of whom they took Bonds; and confessed they were all made by Mompessou and him.

5. "And, touching his taking of money of Lake, in the Star-chamber suit, being then a Commissioner: he denied it not; but said, that Lake had more of him since."

The Prisoner, having leave to speak for himself, made a Discourse, commending the first Commission, touching Gold and Silver Thread; and that he misliked the second Commission, and the proceedings, and would not have meddled with it, if he could have avoided it; but Mompesson told him weekly, that he had command from the king to do thus and thus, and what should he do to withstand Mompesson. Sir Francis was then withdrawn from the bar."

Judgment against Sir FRANCIS MICHELL.

May 4. The Offences wherewith sir Francis Michell is charged, 26 April, being read, the bouse was adjourned ad libitum.

Mr. Serjeant Crew having opened the Charge, and the Proofs, the house was resumed again. It was put to the question, Whether

sir Francis Michell be so guilty of the Offences, or any of them, charged upon him, that is worthy to be censured. Agreed unto, per

omnes.

The Lords, being agreed of the Sentence upon sir Francis Michell, sent a Message unto the house of commons: That the Lords have proceeded against sir Francis Michell, upon Complaint of the Commons; they have found him guilty of many exorbitant offences, and are ready to give Judgment against him, if they, with their Speaker, will come to demand it. Answered, They will come accordingly, with all convenient speed. In the mean time, the lords put on their robes.

The Commons being come, and the Speaker at the bar, after low obeisances, be said:

"Mr. Speaker, the lords spiritual and temporal have taken into due consideration the great care and pains taken by the Commons to inform their lordships of the great Complaints, and the qualities and natures thereof, presented unto them against sir Francis Michell and others, whereof their lordships being well prepared by them, to the true understanding of the same, and thereupon having proceeded for the perfect discovery thereof, by examination of divers witnesses upon oath, do find thereby, the said sir Francis Michell clearly guilty of many great Crimes and Offences against his majesty and the commonwealth, and have resolved, at this time, to proceed to Judgment against him for the same.

"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 Comment do award and adjudge: 1. That the

said sir Francis Michell shall stand, and be from henceforth, degraded of the order of knighthood, with reservation of the dignity of his now wife and children; and the ceremonies of degradation to be performed by direc tion of this court to the earl Marshal's court.

plaint of many Grievances against Mompesson and sir Francis Michell, for many offences committed by them against the king and the commonwealth; your lordships have proceeded with Mompesson, and given Judgment against him. Understanding that you are ready to pronounce Judgment also against sir Francis Mi-2. That he shall be imprisoned, during the chell, I the Speaker, in the name of the knights, citizens, and burgesses of the commons house of parliament, do demand and pray, that Judgment be given against him the said sir Francis Michell, according to his demerits."

The Lord Chief Justice pronounced the Judgment, in hæc verba :

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king's pleasure, in Finsbury Gaol, in the same chamber there, where he provided for others; The Tower, where he now remains, being a 'prison too worthy of him. 3. That he shall undergo the fine of 1000l. 4. That he shall be disabled to hold or receive any office ' under the king, or for the commonwealth.'

118. Proceedings against Sir HENRY YELVERTON, the King's Attorney-General,* for Misdemeanors: 19 JAMES I. A. D. 1621. [1 Cobb. Parl. Hist. 1232.]

April 17, 1621.

THE lords ordered, That the lord chief justice should grant a special warrant to the Lieutenant of the Tower, to bring sir Henry Yelverton and sir Francis Mitchel before their lordships at the same time.

ARTICLES of Charge against Sir H. Yelverton, with his ANSWERS.

April 18. The house adjourned themselves into a committee, to debate and settle in what manner to proceed against sir Henry Yelverton, then Attorney General, and, being agreed, the Chief Justice resumed his place.

* Of this case Wilson (2 Kenn. Compl. Hist. 734) says, "Sir Henry Yelverton, the king's attorney, had found the effects of Buckingham's anger, by not closing with his desires in such patents as he required: so that all his actions being anatomized, some miscarriages are made criminal; he is committed to the Tower, and another put in his place that should be more observant. The king now lays upon him a warrant dormant, which did not much startle him; for he was not long after released, and a Judge, carrying with him this character

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Sir Henry Yelverton being brought by the gentleman usher to the bar, and kneeling until he had leave, and was willed to stand up; the Lord Chief Justice read the Particulars wherewith he was charged; unto the which the said sir Henry Yelverton made several Answers immediately.

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The Particulars and the Answers follow, in hæc verba: Sir Henry Yelverton is charged: I. That he did commit divers, for refusing to ' enter into bonds, to restrain their own trade, &c. before he had any authority to require any such bonds.'-Resp. He confesseth, he committed divers to prison; and justifieth the

of honesty, That he was willing to lay down his preferment at the king's feet, and be trod upon by the growing power of Buckingham, rather than prosecute his patron Somerset, that had advanced him, as his predecessor Bacon had spitefully done his."The Historian's reproach of Bacon is for his conduct in the prosecution of the Earl of Essex; ante, vol. 1, p. 1333, as to which, see Bacon's Apology addressed to the Earl of Devonshire, printed in the second vol. of Birch's edition of his Works in 4to."

Grays-Inn, and to his house, to search his Pa pers, for that the matters objected against him did look into his actions of 4, 5, and 7 years of his serving his majesty.

same. That he committed none to restrain them of their trade, but for their stubbornness, in not obeying the king's cominandment; which he did to advance the lawful profit of his majesty; and that he had authority to do it. II. That he first signed and directed the ⚫ warrants dormants, having no authority for the same, and yet containing many unwarrantable clauses. Resp. He drew one, and first signed it, and no Clause unwarrantable in that. He justifieth that. For the others, heyet desiring that the same might not preclude neither denieth nor confesseth, but remembers not whether he drew them or not.

III. That he advised the Patent of gold and silver Thread to be resuined into the king's hands, conceiving the same to be a ⚫ monopoly, and advised the Patentees to proceed by contract with the king.'-Resp. He advised it not alone. He was the weakest amongst many that advised the contract. He denies that he conceived it to be a monopoly, and doubts not but to prove it to be no monopoly. He denies that he confessed any such thing to the commons. He denies his advice in the contract to colour a monopoly. He advised it in his duty to the king.

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IV. He, to procure a Proclamation to take Bonds, signed a Docket, shewing his advising thereupon with the Recorder of London and the City, whereas the Recorder was not acquainted with it.'-Resp. He utterly denies he made any such Docket; he did sign a Docket, that he had acquainted the Lord Chancellor and Recorder of London with it; and he did acquaint the Lord Chancellor and the Recorder of London with it, and willed the Recorder to acquaint the City; but denies that the Docket is, that he acquainted the City with it.

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V. That 3401 Quo Warrantos (to the vexation of the people) were brought by him, touching the Patent of Inns, and but two came to trial.'-Resp. He cannot particularly answer it; if it appear upon record, that there be so many signed by him, he confesseth it; until then, he humbly desires to be retained in their lordships favour; adding, that if he ever deserved well of his majesty, it was in this. And added, that the king and subject were more abused by that Patent than by any other; and that he suffers at this day for that Patent, as he takes it.

VI. That he commenced divers suits in the exchequer, touching the gold and silver Thread, but did not prosecute the same.'Resp. It may be he did.

These Answers and Confessions being read, the said sir Henry Yelverton (having leave to speak) said, he thought himself happy, that, in these mists of his majesty's disfavour, his majesty was pleased to cast that grace upon him, as to send him to this honourable house. That innocency hath her present Answer; wisdom requires time: therefore he made his humble suit, to have a particular of his Charge in writing, and time to answer the same; and that he might have leave to repair to his chamber at

VOL. II.

The Speech ended, sir Henry Yelverton was. withdrawn; and the house having taken this into their consideration, he was brought to the bar again; and the said Answers and Confes sions were read unto him by the clerk, and acknowledged by sir Henry to be truly set down;

him, touching his future defence, desiring a seven-night for his further Answer.

The Lord Chief Justice signified unto him, That the lords were pleased that he should have a copy of the Charge objected against him, and leave (under the Lieutenant's charge) to go to his house in Aldersgate-street, and unto his chamber in Gray's Inn, to view his Papers, and to have time until Saturday come seven-night, to make his further Answer, which was more than his own request. And an order. of the house was made for it accordingly.

April 30. Sir Henry Yelverton was brought to the bar; when the Lord Steward informed the house, That his majesty is satisfied concerning the charging sir Henry, in this house, with the matter of Inns and Hosteries. Then the chief justice read the Charge, which was made against him on the 18th of April, with his Anei swers thereto, and demanded of him, Whether he now would affirm those Auswers? Unto which he replied, "That the six Charges against him may be reduced into two, the one of Gold and Silver Thread, the other of Inns and Hosteries. He humbly desired, therefore, that he might then Answer to every par◄ ticular charge, in serie temporis."

May 2. The Lord Treasurer acquainted the house, "That he had his majesty's commands to deliver a Message to their lordships of a double nature; 1st, an Account of what was done; and, 2ndly, a Signification of what was to be done. As to the first, his highness had presented their lordships request to his majes ty, that he would be pleased, as the case then stood, to command the Seal from the Lord Chancellor. Accordingly, yesterday, his lordship, the Lord Steward, the Lord Chamberlain, and the earl of Arundel, at the king's command, went to the Lord Chancellor, and received from him the Great Seal, and delivered the same to his Majesty; who, by commission, hath appointed the keeping of it to him and the other lords with him.-To the second, his majesty hath, commanded him to signify to their lordships, "That he understands sir Hen. Yelverton, being called here before them the other day, as a delinquent, answered not as such, but as a Judge or Accuser of a member of this house, the lord of Buckingham. And whereas, in his first Speech, here in this house, he touched the king's honour; saying, He sufsered for the Patents of Inns, or to that effect, he was so far from extenuating or excusing the offence, that the last day he had aggravated the samé. Wherefore his majesty's pleasure is,

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that himself will be the Judge as to what concerns his own person; and, as to what relates to the lord of Buckingham, since he had besought his majesty that it might be left to this house, so he leaves it wholly to their lordships." This Message being delivered, the Lords conceived by it, that the king intended to take the Judgment of sir Henry Yelverton out of their hands, as touching his own honour; his majesty having been misinformed, that the Lords had referred it back to him: wherefore a motion was made, "That the house should be humble suitors to his majesty that he would be pleased not to resume this out of their hands, but give their lordships leave to continue Judges thereof." After some debate, it was resolved, That a committee of the whole house should attend his majesty at his pleasure; and that the archbishop of Canterbury, in the name of the whole house, should deliver the following Message to him: "Whereas it has pleased your majesty in a late speech to this house, to require us to do justice upon sir Henry Yelverton, in a matter concerning your own honour; since which time some words have been used in this house, which your majesty conceives do rather aggravate than extenuate his fault: whereupon your majesty did this day signify by the lord treasurer, That of what ' concerns your own honour, yourself would be the judge' the lords knowing your majesty's tenderness of the privileges of this house, and their own zeal unto your majesty's honour, do humbly beseech your majesty to alter your resolution; otherwise, this change may strike some fear into us, that we are not held so tender and zealous, in our dutiful affections, in point of your majesty's honour, as we desire you should think us to be, and are most ready to yield due proofs thereof."

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May 7. The Archbishop of Canterbury reported, "That yesterday, according to the direction of the house, he presented their lordships Petition unto the king, humbly desiring that his majesty would be pleased that this house might continue judges of sir Henry Yelverton, for the matter concerning his majesty's honour." At which time his majesty said, That, in example of that most famous queen • Elizabeth, when this whole house was suitors to her, he must return Answer, Answer-less.' But that this morning his majesty's Answer was, "The lords knowing they enjoy their Honours from him, and under him, he doubts not but they will be more tender of his Honour for that cause; therefore he doth return back unto their lordships the whole and final ordering of that Business of sir Henry Yelverton."

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May 8. The Lord Chamberlain declared, "That the king had commanded him to acquaint their lordships, That although nothing is so dear unto him as his honour: yet, as before, so he doth now, put into their lordships hands the Cause of sir Henry Yelverton, not mistrusting their affections to him, nor their judgments."

Whereas it was ordered yesterday, That

Thomas Emerson be examined, touching the Message which he brought sir Henry Yelverton, from Mompesson; Mr. Attorney read the Message, which sir H. alledged in his Speech here the 30th of April; viz. That sir H. Y. was not to keep his place (of the king's Attorney General) long, if he withstood the proceedings of the writs of Quo Warranto for the Inns: the said Thomas Emerson was this day called in, and being examined, said: "I never delivered any Message unto sir H. Y. from Gyles Mompesson; but I delivered him some Speech by way of advertisement (not by way of a Message), which past from Mompesson to me concerning him, which, I confess, Mompesson imparted to me, as a Message to be delivered unto sir H. Y. viz. Mompesson told me to this ef fect: There is a business concerns sir Edw. Villiers, of the Mint-masters place in the Tower; one pretends a former grant: the rest of the king's counsel had or would deliver their opinion, That the former Grant is void in law, and the party unfit to execute the place; only Mr. Attorney opposeth ; but, if he takes these courses, and refuseth to concur with the rest of the king's council, to certify his opinion in things that are honest, convenient and agreeable to law, he must not think to be Attorney a month to an end; and tell him so. answered, You will not have me tell him so. Yes (quoth Mompesson) I pray tell him so; and, after supper, I took him aside, and asked him whether he would have me deliver that Message to sir H. Y. or no. He answered, Yes, by any means, if you love him.-When I imparted this unto sir II. Y. he answered me, This cannot be true, for I never was in better terms with my lord of Bucks, than now; and sir Edward Villiers is one of the best friends I have, and this suit I commended to him by the means of one Palmer.-Sir H. Y. either by word or writing, acquaints sir Edw. Villiers with this, as I heard: and sir Edw. Villiers was discontented with Mompesson for it: whereupon Mompesson came to me, to know, whether I had been with Mr. Attorney, and wished I

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had not imparted this Message unto him; and told me, that sir Edw. Villiers was much discontented with him for it. He began to wave it at the first: but afterwards yielded, that he willed me to tell Mr. Attorney of it; and af terwards Mompesson went with me to sir H. Y. and acknowledged the Speeches which were delivered by me; and they seemed to be well satisfied the one with the other, and departed friends, for ought I could perceive: since which time I never spake with sir H. Y. but upon one business; and I never had any Speech with him touching the Patent of Inns, nor the granting of any Quo Warranto; neither had this Message any relation to the Patent of Inns, or Quo Warranto; neither did I ever hear of any message to him, touching the lord of Buckingham."

This was read unto him, and he did acknowledge it to be true, and affirmed it upon his oath.

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