« VorigeDoorgaan »
same. That'he committed none to. restrain Grays-Ion, and to his house, to search bis Pa-
II. * That he first signed and directed the withdrawn; and the house having taken this • warrauts dormants, 'having 'no authority for into their consideration, he was brought to the
the same, and yet containing many unwar bar again; and the said Answers and Confes
raitable clauses.'—Resp. He drew one, and siops were read unto him by the clerk, and acfirst signed it, and no Clause unwarrantable in knowledged by sir Henry to be truly set down; that. He justifieth that. ' For the others, he yet desiring that the same inight not preclude neither denieth nor confesseth, but remembers him, touching his future defence, desiring a not whether he drew them or not.
seven-night for his further Answer. III. * That'he advised the Patent of gold The Lord Chief Justice signified unto bim, and 'silver Thread to be resuined into the That the lords were pleased that he should : • king's hands, conceiving the same to be al have a copy of the Charge objected against • monopcly, and advised the Patentees to pro- him, and leave (under the Lientenant's charge) • ceed by contract with the king.'--Resp. He to go to his house in Aldersgate-street, and unadvised it not alone. He was the weakest to bis chamber in Gray's Inn, 10 view his amongst many that advised the contract. He Papers, and to have time until Saturday come i denies that he conceived it to be a monopoly, seven-pight, to make his further Answer, which and doubts not but to prove it to be no mono was more than his own request. And an order . poly. He denies that he confessed any such of the house was made for it accordingly. thing to the commons. He denies his advice April 30. Sir Heory Yelverton was brought in the contract to colour' a 'monopoly. He to the bar; when the Lord Steward informed advised it in his duty to the king.
the house, That bis majesty is satisfied conceroIV. · He, to procure a Proclamation to take ing the charging sir Henry, in this house, with • Bonds, signed a Docket, shewing his advising the matter of Inns and Hosteries. Then the • thereupon with the Recorder of London and chief justice read the Charge, which was made • the City, whereas the Recorder was not ac. against him on the 18th of April, with his An- .. • quainted with it.'— Resp. He utterly deniesswers thereto, and demanded of him, Whether he made any such Docket; he did sign a he now would affirin those Auswers ? Unto Docket, that he had acquainted the Lord Chan-which he replied, " That the six Charges cellor and Recorder of London with it; and he against him may be reduced into two, ihe. did acquaint the Lord Chancellor and the Re one of Gold and Silver Thread, the other of corder of London with it, and willed the Re- Inns and Hosteries. He humbly desired, therecorder to acquaint the City; but denies that fore, that he might then Answer to every para the Docket is, that he acquainted the City ticular charge, in serie temporis.” with it.
May 2. The Lord Treasurer acquainted the V. " That 3401 Quo Warrantos (to the house, “ That he had bis majesty's commands vexation of the people) were brought by him, to deliver a Message to their lordships of a i
touching the Patent of Inns, and but two double nature ; 1st, an Account of what was • came to trial.'— Resp. He cannot particular- done; and, 2ndly, a Signification of what was ly answer it; if it appear upon record, that to be done. -As to the first, his higliness had there be so many signed by him, he confesseth presented their lordships request to his majes. it; until then, he bumbly desires to be retain- ty, that he would be pleased, as the case then ed in their lordships favour; adding, that if he stood, to command the Seal from the Lord ever'deserved well of his majesty, it was in this. Chancellor. Accordingly, yesterday, bis lordAud added, that the king and subject were ship, the Lord Steward, the Lord Chamberlain, more abused hy that Patent than by any and the carl of Arundel, at the king's command, other; and that he suffers at this day for that went to the Lord Chancellor, and received Patent, as he takes it.
from him the Great Seal, and delivered the VI." That he coinmenced divers suits in the same to his Majesty; who, by commission, • excheqner, touching the gold and silver hath appointed the keeping of it to him and * Thread, but did not prosecute the same.'- the other lords with him.-To the second, his Resp. It may be he did.
majesty hath, commanded him to signify to These Answers and Confessions being read, their lordships, " That he understands sir Hen. the said sir Henry Yelverton (having leave to Yelverton, being called here before them the speak) said, he thought himself
happy, that, in other day, as a delinquent, answered not as these mists of his majesty's disfavour, his ma- such, but as a Judge or Accuser of a member jesty was pleased to cast that grace upon him, of this house, the lord of Buckingham. And as to send him to this honourable house. That whereas, in his first Speech, here in this house, innocency hath her present Answer ; wisdom he touched the king's honour; saying, He sufrequires time: therefore he made his humble sered for the Patents of Inns, or to that effect, suit, to have a particular of his Charge in writ- | he was so far from extenuating or excusing the ing, and time to answer the same; and that he offence, that the last day he had aggravated the might have leave to repair to his chamber at samé. Wherefore his majesty's pleasure is, VOL. II.
that himself will be the Judge as to what con- | Thomas Emerson be examined, touching the cerns his own person; and, as to what relates Message which he brought sir Henry Yelverton, to the lord of Buckingham, since he had be- from Mompesson; Mr. Attorney read the Mes sought his majesty that it might be left to this sage, which sir H. alledged in bis Speech here bouse, so he leaves it wholly to their lordships." the 30th of April; viz. That sir H. Y. was not
This Message being delivered, the Lords to keep his place (of the king's Attorney Geconceived by it, that the king intended to take peral) long, if he withstood the proceedings of He Judgment of sir Henry Yelverton ont of the writs of Quo Warranto for the Inus: the their hands, as touching his own honour; his said Thomas Emerson was this day called in, majesty having been misinformed, that the and being examined, said: “I never delivered Lords had referred it back to him: where- any Message unto sir H. Y. from Gyles Momfore a motion was made, “ That the house pesson; but I delivered bim some Speech hy should be humble suitors to his majesty that way of advertisement (not by way of a Mesbe would be pleased not to resume this out of sage), which past from Mompesson to me contheir bands, but give their lordships leave to cerning him, which, I confess, Mom pesson imcontinue Judges thereof.” After some debate, parted to me, as a Message to be delivered unto it was resolved, That a committee of the whole sir H. Y. viz. Mompesson told me to this efhouse should attend his majesty at his pleasure; tect : There is a business concerns sir Edw. and that the archbishop of Canterbury, in the Villiers, of the Mint-masters place in the name of the whole house, should deliver the Tower; one pretends a former grant: the rest following Message to bim : “ Whereas it has of the king's counsel had or would deliver their pleased your majesty in a late speech to this opinion, That the former Grant is void in law, house, to require us to do justice upon sir llenry and the party unfit to execute the place; only Yelverton, in a matter concerning your own Mr. Attorney opposeth ; but, if he takes these honour; since which tiine some words have courses, and refuseth to concur with the rest of been used in this house, which your majesty the king's council, to certify his opinion in conceives do rather aggravate than extenuate things that are honest, convenient and agreehis fault : whereupon your majesty did this day able to law, he must not think to be Attorney signify by the lord treasurer, That of what a month to an end; and tell him so. But 1 • concerns your own honour, yourself would be answered, You will not have me tell him so. "the judge the lords knowing your majesty's | Yes (quoth Mompesson) I pray tell hin so; tenderness of the privileges of this house, and and, after supper, I took him aside, and asked their own zeal untu your majesty's honour, do him whether he would have me deliver that humbly beseech your majesty to alter your re- Message to sir H. Y. or no. He answered, solution ; otherwise, this change may strike Yes, by any means, if you love him.-When i some fear into us, that we are not held so imparted this unto sir fl. Y. lio answered me, tender and zealous, in our dutiful affections, This cannot be true, for I never was in better in point of your majesty's honour, as we desire terms with my lord of Bucks, than now; and you should think us to be, and are most ready sir Edward Villiers is one of the best friends I to yield due proofs thereof."
hare, and this suit I commended to him by the May 7. The Archbishop of Canterbury re means of one Palmer.--Sir H. Y. either by ported, “ That yesterday, according to the di- word or writing, acquaints sir Edw. Villiers rection of the house, he presented their lord with this, as I heard : and sir Edw. Villiers was ships Petition unto the king, humbly desiring discontented with Mompesson for it: wherethat his majesty would be pleased that this upon Mompesson came to me, to know, whehouse might continue judges of sir Henry Yel- ther I had been with Mr. Attorney, and wished verton, for the matter concerning his majesty's I had not imparted this Message unto him; and honour." At which time his majesty said, told me, that sir Edw. Villiers was much dis• That, in example of that most famous queen contented with him for it. Ile began to wave • Elizabeth, when this whole house was suitors it at the first : but afterwards yielded, that he to her, he must return Answer, Answer-le.s.' willed me to tell Mr. Attorney of it; and af But that this morning his majesty's Answer terwards Mompesson went with me to sir H. Y. was, “ The lords knowing they enjoy their and acknowledged the Speeches which were Honours from him, and under him, he doubts delivered by me; and they seemed to be well pot but they will be more tender of his Honour satished the one with the other, and departed for that cause; therefore he doth return back friends, for ought I could perceive : since uoto their lordships the whole and final order which time I never spake with sir H. Y, but ing of that Business of sir Henry Yelverton." upon one business; and I never had any Speech
May 8. The Lord Chamberlain declared, with him touching the Patent of Inns, nor " That the king bad commanded bim to ac the granting of any Quo Warranto; neither quaint their lordships, That although nothing had this Message any relation to the Patent of is so dear unto him as his bonour : yet, as be- Inns, or Quo Warranto; neither did I ever fore, so he doth now, put into their lordships hear of any message to him, touching the lord hands the Cause of sir Henry Yelverton, not of Buckingham." mistrusting their affections to bim, nor their This was read unto him, and he did acknow. judgments."
ledge it to be true, and affirmed it upon his Whereas it was ordered yesterday, That oath.
For that his majesty conceives that sir H. / revenue and profit of the Crown, and also to Yelverton hath, by his second Speeches, aggra- the oppression and grievance of the subject, by yated the former, the lords directed Mr. Ato raising excessive Fees and Exactions. The torney General to open unto the house as well Sentence consisted of these parts : 1. Imprithe first as the second. And Mr. Attorney, sonment in the Tower. 2. A fine of 40001. coming to the clerk's table, read : 1. Part of 3. A Declaration of disability and unfitness to the copies of the first Charge upon sir H. Y. hold the place of Attorney. and his Notes for Answer, written in the margin thereof by him. 2. The Notes written by
Sir Henry Yelverton's Speech. sir H. Y. of his second Speech. 3. The Speech Under this Sentence, sir H. Y. suffereth at abstracted by sir H. Y. out of those Notes, this day, for he is a prisoner in the Tower, rewhich he sent to the king, and which, he said, inoved from the place of Attorney, and the fine he did speak in the house, and would have is leviable upon him at his majesty's pleasure. spoken, if he had been permitted.—The day 18th of April last, he was brought to the bar being far spent, the lords determined not io in parliament; and being there charged, inter proceed against sir H. Y, at this time; but to alia, with some miscarriage touching the Patent take another day, to consider upon what point of Inps, be said, “ If he ever deserved well of of those Speeches to think him worthy of his majesty, it was in that ;” adding, " That
the king and subject were more abused by that May 12. The Lords being put in mind, patent than by any other; and that he suffers that, by a former agreement, they are to prn- at this day for that patent, as he takes it." ceed this morning in the Business of sir H. 30 April, he was again brought to the bar; Yelverton; after long consultation, a double and, in his Speech, uttered as followeth: question was propounded: viz.
“ I cannot but present myself this day be. 1. Whether the Words, or any of them, fore your highness and my lords with much spoken by sir H. Yelverton, in this house, do fear, with more grief; for I am compassed with much touch the king's Honour, as we yet con so many terrors from bis majesty as I might ceive? 2. Whether the Words, or any of theni, well bide my head withi Adam. "llis lordship's spoken by sir H. Yelverton, in this house, may displeasure wounds me more than the conscitouch the king's Honour, as we yet conceive? ence of any of these facts; yet bad I rather die,
Mem. Before the question was put, the than the commonwealth should receive so much house was moved to determine, That they are as a scratch from me.-1, that in none of my acnot concluded by assenting unto either of the tions feared the great man, on whom they (by two Questions; but that they may alter their sir Edward Villiers and sir Gyles Mompesson) opinions upon the hearing of sir H. Y.; which did depend, much less would I fear them, who was agreed unto. It was also agreed, 1. To were but his shadows; but, my most noble hear sir H. Y. speak, how he will explain him-lords, knowing that my lord of Buck. was ever self, before he he censured. 2. That the first at his inajesty's hand, ready, upon every occaquestion only, and not the second, should be sion, to hew me down, out of the honest fear of put; which being put, it was agreed unto. a servant not to offend so gracious a master as
Ordered, Thạt sir H. Yelverton be brought his majesty hath ever been to me, I did commit into the Court, to answer for himself, op Mon- them, viz. the Silkmen." day next, and that an Order be made, and di And, speaking concerning the Patent of Inns, rected to the Lieutenant of the Tower, to bring he said, “ I caönot herein but bemoan my unhim at the time appointed, before their lord happiness, that, in the last cause, labouring ships.
by all lawful means to advance the honest profit The king's counsel are to make a collection of his majesty, and in this (with the sight alof the Words spoken by sir H. Yelverton in most of my own ruin) to preserve bis majesty's this house, and io confer with the Judges about honour and the quiet' of the people, I ain yet them, and to deliver their opinion unto the drawn in question, as if I had equally dishohouse, on Monday next, before sir H. Y. he noured bis majesty in both.-When sir Gyles heard ; and the king's counsel are to inforce the saw, I would not be wooed to offend nis maWords against him.
jesty in his direction, I received a message Sir Henry Yelverton lately sentenced in the I would run myself upon the rocks; and that
from Mr. Emerson, sent me by sir Gyles, That Star-chamber.
I should not hold my place long, if I did thus May 14. The Lord Treasurer delivered a withstand the Patent of Inds, or to this effect: Petition, which sir H. Yelverton exhibited to soon after canie sir Gyles binnsell, and, like an bis majesty; with his majesty's pleasure, that herald at arms, told ine to this effect: he had it be read in the house; and the same was read this message to tell me from my lord of Buck. accordingly :
That I should not hold my place a month, if I Sir 11. Yelverton, in Michaelmas term last, did not conform myself in better ineasure to was sentenced in the Star-chamber, for breach of the Patent of Inps; for my lord had obiained trust, in the unwarrantable passing of a Charter it by his favour, and would maintain it by his to the city of London, tending to the disherison power. -How could I hut startle at this mes of his majesty, both in matter of kingly power sage ? For I saw here was a great assuming of and high prerogative, and also in matter of power to himself, to place and displace an offi
cer. I saw myself case upon two main rocks, | pleasure. 3. To make such Acknowledgment either treacherously to forsake the standing his of his fault and Submission to his majesty, as majesty had set me in, or else to endanger diys shall be prescribed unto him by this court; the self by a by-blow, and so hazard my fortune. same to be here at the bar, either in the king's I humbly bešeech your lordships, to think na presence or in his absence, at the king'a pleature will struggle, when she sees her place and means of living thus assaulted : for now it was The Lieutenant of the Tower bad warning come to this ; whether I would obey his ma- given him by the gentleman usher, to bring su jesty, or my lord, if sir Gyles spake true : yet H. Yelverton hither to-morrow morning, by 9 I resolved, in this, to be as stubborn as Mor- o'clock, decai ; not to stoop, or pass those gracious The lords agreed to be here to-morrow bounds his majesty had prescribed me.- Soon morning in their robes, and to proceed to Sezafter, I found the inessage in part made good ; tence sir H. Yelverton : for all the profits almost of iny place were di 1. For the matter touching the king's Hoverted from me, and turned into an unusual nour. 2. For the Scandal of the marquis of channel, to one of my lord's worthies, that I Buck, Lord Admiral. 3. For the matter conretained little more than the name of Attorney. plained against him by the Commons. It became so fatal, and so penal, that it became Mem. That the house agreed to move the almost the loss of a suit io come to me; my king's majesty, to mitigate sir H. Yelvertoe's place was but as the seat of winds and tem- fine. Whereupon the Prince his highness of pests.
fered to move his majesty therein. “ Howbeit I dare say, if my lord of Buck.
Sir Henry Yelverton's first Judgment. had but read the Articles exbibited in this
Sir Henry Yelverton being this day at the place against Hugh Spencer, and had known bar, and the lords beivg in their robes, the the danger of placing and displacing officers Lord Chief Justice pronounced the Judgment
, about a king, le would not have pursued me in hæc verba : with such bitterness.- But iny opposing my Jord in this Patent of Inns, in the Patent of high court of parliament do award and ad
“ The lords spiritual and temporal of tha Alebouses, in the Irish Customs, in sir Robert judge : 1. That he, the said sir H. Yelverton, Naunton's Deputation of his place in the Court for his Speeches uttered here in this court
, of Wards : These have been my overthrow; which do touch the king's majesty in Honour, and for these I suffer at this day, in my estate shall be fined unto the king's majesty at 10,000 and fortune, not meaning to say as I take it, marks. 2. That he shall be in prisoned in the but as I know, for my humble opposition to his Tower, during the king's pleasure. 3. Thas lordship, above 20,000l.' I suffer in my estate be shall make such Acknowledgment of his by my lord of Buck's means; knowing well, fault, and such Submission to his majesty, as that 'I suffer in my restraint justly, for my shall be prescribed unto him by this court; the offence. My heart tells me I was faithful to him ; I sought no riches but his grace.".
same to be made here, at the bar, either in the Which being read, and sir 11. Yelverton king's presence, or in his absence, at the king's brought to the bar, Mr. serj. Crewe and Mr.
pleasure.” Attorney General opened the Charge against
Sir Henry Yelverton's second Judgment. him ; and shewed, that those Speeches of his This Judgment being pronounced against the did directly point at the ford marquis of Buck. said sir H. Yelverton, for the said Speeches and by consequence fastened a scandal on bis which touched his majesty in Honour, and the majesty.
prisoner being withdrawn; the lords took into And sir Henry Yelverton (having leave) ex- their consideration that the said Words, and plaioed himself touching the said Speeches, and many others spoken here in this house, at the did make his Defence unto the same Charge, same time, by the said sir H. Y. did directly which was very long. Then he was withdrawn; tend to the scandal of the marquis of Buck. and ordered, That he should be brought again lord high admiral of England; and therefore
, to-morrow in the afternoon, and at that iime by their lordships appointmeni, the said sir H. to be proceeded against.
Y. was called in again, and brought to the best, May 15. The lords, being put in mind of and was charged with the same scandalous their appointment yesterday, to proceed agaiost Speeches, by the said king's serjeant and attor sir H. Yelverton at this time, it was put to the ney general; and whereas the greatest matter question, Whether the said sir H. Y. is worthy of averment, on his part, did depend on a Ve to be censured for Words spoken by bim in sage which he the said sir II. Y. affirmed was this house, which touch the king's honour; and delivered him by Mr. Tho. Emerson troir Giles generally agreed unto by all, nem. diss. Mompesson, the Deposition of the said Mr. The time being
spent, and most of the lords Emerson, taken bere in court the 8th of Mar, having.nut their robes ready, as not expecting was read by the clerk, wherein the said Thes to give Sentence against sir H. Y. at this day, Emerson did, upon his oath, absolutely deny they agreed notwithstanding what Censure the said Message: and the said sir H1. Ý, har they will give against himn : viz. 1. To be fined ing leave to speak for hinself, and being beard to the king's majesty, at 10,000 marks. 2. To without interruption, he did not give the house be imprisoned in the Tower, during the king's any good satisfaction for the scandalous
or Speeches here by him uttered against the said, quis. 2. That he
3. lord marquis of Buck. Wherefore, he being | Phat he shahamane skal bes imprisoned.
such Submission in this withdrawn from the bar, and the said marquis court to the said lord marquis, as this court also withdrawing himself out of the parliament shalt prescribe." presence, the lords spiritual and temporal hav This Judgment being given, it pleased the ing long debated the matter, their lordships lord marquis of Buck. freely to remit unto the did resolve, That the said sir H. Y. was worthy said sir H. Yelverton the said 5000 marks; for to be censured, for false and scandalous Words which the said sir H. Yelverton humbly thankspoken by him in this house, against the said ed his lordship. The lords also agreed to moye Lord Marquis ; and being fully agreed on their bis majesty to mitigate sir Henry's Fine, and
Censure for the same, the lord marquis of his royal highness the Prince offered to under. per Buckingham was called in ; and, the prisoner take that ofice.
• being brought to the bar, the Lord Chief Jus Soon after the king wholly relinquished the
tice pronounced the Judgment against him, in Fine due to him from sir Henry on the Senhæc verba :
tence'; he was set at liberty, reconciled to the « The lords spiritual and temporal of this marquis, and was esteemed, says. Rushworth, high court of parliament no adjudge and award: 'a man valdè eruditus lege, in his time.'-In 1. That sir Henry Yelverton, kuight, for his the succeeding reign he was made a Judge of false and scandalous Words, uitered in this the Common Pleas. He was author of the high court of parliament, against the lord mar- Reports : his father was Speaker of the house quis of Buckingham, lord high admiral of Eng- of commons, anno 1597, see 1. Cobb. Parl. land, shall pay 5000 marks unto the said mar- Hist. 895.
119. Proceedings in Parliament against Sir John BENNETT, knt.
for Bribery and Corruption : 19 JAMES I. A. D. 1621. [Lords'
soner, under the custody of the sheriffs of Lor
don, in his own house; and humbly desiring THE Lords received a message from the Com- that their dordships would permit him the liberty mons to this effect : “ That they had received of his own house, upon good security by him Complaints of divers exorbitant Oppressions given ; it is this day ordered, by their lordships, and Bribery, committed by sir John Benner, Tbat, if the said şir John shall nominate unto knt.'late a member of their house, but now ex- this court the names of such sufficient persons, pelled by them for the same; that they desire that will be bail for bis forth-coming, and the a conference also about him.” Agreed, that the court shall like of their sufficiency, ther, upon Lords will meet the Commons at four this after- their bond of 40,0001. given here in open court, noon, in the Painted Chamber.
be the said sir John shall have his liberty, or April 25. The Lord Treasurer made report else he shall be committed prisoner to the Tower of the Conference yesterday with the commons, of London, and have the liberty thereof. And touching sir John Bennett; the effect whereof it is left to the eboice of sir John Bennet, either was, That whereas the said sir John Bennett, to put in such good bail as is required, or to be knight, Judge of the Prerogative Court of Can- conmitted prisoner to the Tower." terbury, being directed by the law both what May 30." The Earl of Huntingdon reported, to do, and what Fees to take, l'e did both con- That his lordship, and the other lords joined in trary to the law, exacting extreme and great committee with him, have taken dirers ExamiFees, and much Bribery; some Complaints nations in the Cause of sir John Bennett, Judge against him were opened, with a request of the of the Prerogative Court of the province of Caucommons, that they might send up more against terbury, by which they find bim guilty of much him hereafter, if any came unto them.
Bribery and Corruption; of which a collection The Petition of sir John Bennett unto the was made, and his loidship delivered the same Lords of this house, was read; humbly shew- to Mr. Serjeant Crewe. ing, that he is kept close prisoner, under the The Earl of Southampton also made the like custody of the sheriffs of London, in his own Report, and delivered the Examinations, and house; and humbly desiring to have the liberty fthe Collections of the Bribery and Corruptions of his own house, upon good security.
wherewith the said sir John is charged by the Many motions being made by the Lords, in same, unto Mr. Attorney General. what sort, and how far, the Petitioner should have this liberty granted him, it was at last
Sir John Bennet's CHARGE. agreed and ordered, in manner following: viz. The several Collections, with the names of
" Whereas sir John Bennet, knt. this day pre- the Witnesses examined for proof thereof, be sented his humble Petition unto the lords spi-ing first read, sir John Bennet was brought to ritual and temporal of this high court of parlia- the bar. ment, shewing, that he is now kept close pri Mr. Serjeant Crewe shewed, That the said