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 vated the former, the lords directed Mr. At-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 4000l. 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 H. Y. of his second Speech. 3. The Speech abstracted by sir H. Y. out of those Notes, which he sent to the king, and which, he said, he did speak in the house, and would have spoken, if he had been permitted.-The day being far spent, the lords determined not to proceed against sir H. Y. at this time; but to take another day, to consider upon what point of those Speeches to think him worthy of

pleasure. 3. To make such Acknowledgment of his fault and Submission to, his majesty, as shall be prescribed unto him by this court; the same to be here at the bar, either in the king's presence or in his absence, at the king's pleasure.

The Lieutenant of the Tower had warning given him by the gentleman usher, to bring sir H. Yelverton hither to-morrow morning, by 9

cer. I saw myself cast upon two main rocks, |
either treacherously to forsake the standing his
majesty had set me in, or else to endanger my-
self by a by-blow, and so hazard my fortune.
I humbly beseech your lordships, to think na
ture will struggle, when she sees her place and
means of living thus assaulted: for now it was
come to this; whether I would obey his ma-
jesty, or my lord, if sir Gyles spake true: yet
I resolved, in this, to be as stubborn as Mor-o'clock.
decai; not to stoop, or pass those gracious
bounds his majesty had prescribed me.-Soon
after, I found the message in part made good;
for all the profits almost of my place were di-
verted from me, and turned into an unusual
channel, to one of my lord's worthies, that I
retained little more than the name of Attorney.
It became so fatal, and so penal, that it became
almost the loss of a suit to come to me; my
place was but as the scat of winds and tem-
pests.

"Howbeit I dare say, if my lord of Buck, had but read the Articles exhibited in this

place against Hugh Spencer, and had known
the danger of placing and displacing officers
about a king, he would not have pursued me
with such bitterness.-But my opposing my
lord in this Patent of Inns, in the Patent of
Alehouses, in the Irish Customs, in sir Robert
Naunton's Deputation of his place in the Court
of Wards; These have been my overthrow;
and for these I suffer at this day, in my estate
and fortune, not meaning to say as I take it,
but as I know, for my humble opposition to his
lordship, above 20,000l. I suffer in my estate
by my lord of Buck's means; knowing well,
that I suffer in my restraint justly, for my
'offence. My heart tells me I was faithful to
him; I sought no riches but his grace."

Which being read, and sir II. Yelverton brought to the bar, Mr. serj. Crewe and Mr. Attorney General opened the Charge against him; and shewed, that those Speeches of his did directly point at the ford marquis of Buck. and by consequence fastened a scandal on his majesty.'

And sir Henry Yelverton (having leave) explained himself touching the said Speeches, and did make his Defence unto the same Charge, which was very long. Then he was withdrawn; and ordered, That he should be brought again to-morrow in the afternoon, and at that time to be proceeded against.

May 15. The lords, being put in mind of their appointment yesterday, to proceed against sir H. Yelverton at this time, it was put to the question, Whether the said sir H. Y. is worthy to be censured for Words spoken by him in this house, which touch the king's honour; and generally agreed unto by all, nem. diss.

The time being spent, and most of the lords having.not their robes ready, as not expecting to give Sentence against sir H. Y. at this day, they agreed notwithstanding what Censure they will give against him: viz. 1. To be fined to the king's majesty, at 10,000 marks. 2. To be imprisoned in the Tower, during the king's

གྷ

The lords agreed to be here to-morrow morning in their robes, and to proceed to Sentence sir H. Yelverton :

1. For the matter touching the king's Honour. 2. For the Scandal of the marquis of Buck, Lord Admiral. 3. For the matter complained against him by the Commons.

Mem. That the house agreed to move the king's majesty, to mitigate sir II. Yelverton's fine. Whereupon the Prince his highness offered to move his majesty therein.

Sir Henry Yelverton's first Judgment.
SIR Henry Yelverton being this day at the
bar, and the lords being in their robes, the
Lord Chief Justice pronounced the Judgment,

in hæc verba :

"The lords spiritual and temporal of this high court of parliament do award and adjudge: 1. That he, the said sir H. Yelverton, for his Speeches uttered here in this court, which do touch the king's majesty in Honour, shall be fined unto the king's majesty at 10,000 marks. 2. That he shall be imprisoned in the Tower, during the king's pleasure. 3. That he shall make such Acknowledgment of his fault, and such Submission to his majesty, as shall be prescribed unto him by this court; the same to be made here, at the bar, either in the king's presence, or in his absence, at the king's pleasure."

Sir Henry Yelverton's second Judgment.

This Judgment being pronounced against the said sir H. Yelverton, for the said Speeches which touched his majesty in Honour, and the prisoner being withdrawn; the lords took into their consideration that the said Words, and many others spoken here in this house, at the same time, by the said sir H. Y. did directly tend to the scandal of the marquis of Buck. lord high admiral of England; and therefore, by their lordships appointment, the said sir H. Y. was called in again, and brought to the bar, and was charged with the same scandalous Speeches, by the said king's serjeant and attorney general; and whereas the greatest matter of averment, on his part, did depend on a Message which he the said sir H. Y. affirmed was delivered him by Mr. Tho. Emerson from Giles Mompesson, the Deposition of the said Mr. Emerson, taken bere in court the 8th of May, was read by the clerk, wherein the said Tho. Emerson did, upon his oath, absolutely deny the said Message: and the said sir II. Y. having leave to speak for himself, and being heard without interruption, he did not give the house any good satisfaction for the scandalous

ཁྱོད་ན་

Soon after the king wholly relinquished the Fine due to him from sir Henry on the Sentence; 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 do adjudge and award: a man valdè eruditus lege, in his time.'-In 1. That sir Henry Yelverton, knight, for his the succeeding reign he was made a Judge of false and scandalous Words, uttered 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' Journals. 1 Cobb. Parl. Hist. 1236.]

Many motions being made by the Lords, in what sort, and how far, the Petitioner should have this liberty granted him, it was at last agreed and ordered, in manner following: viz. The several Collections, with the names of "Whereas sir John Bennet, kut. this day pre- the Witnesses examined for proof thereof, besented 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

sir John Bennett, being Judge of the Preroga- | his brother, and James his nephew, contended tive Court of the province of Canterbury, and for administration; for 501. paid sir John, and being directed by the law what fees to take for 5. to Sampford, John the brother obtained adprobate of wills, and unto whom to grant let-ministration, which after was revoked. Proved ters of administration, he had perverted the by the Examination of William Basse, proctor. course of law for Bribes; and, being therewith "Robert Seyers, 1618, died intestate, his corrupted, he granted administrations contrary children minors. Simon Spachurst gave sir to the law. Ho charged the said sir John with John, by direction of Sampford, 201. for admithese particular Bribes and Corruptions; and nistration (durante minore etate), which was read the Examinations of these Witnesses, for revoked two days before Spachurst was to have Proof thereof; viz. had a cause heard in the Chancery, which concerned that estate. Proved by the Examina

"R. Luther, 1619, died intestate, without issue; Abigall his widow, requiring administration of Wm. Basse, proctor. tion, paid 44s.; but, being opposed by Thomas Luther (a brother), at two several times, gave | sir John Bennet, 441. more; and yet he granted administration unto her and Thomas Luther jointly. Proved by the Examination of Tho. Tyler, Wm. Owen, Abigall the widow.

"Before sir John joined Tho. Luther in administration with the widow, he promised sir John Bennett 100l.; and, after he was joined, he gave him 120l. Proved by the Examination of Thomas Luther.

"For allowance of the Administrators Accompts, sir John had 1007. to distribute amongst the kindred of the intestate, and 50%. for pious uses, and seemed discontent he had not 50. more. Proved by the Examination of John Worsley, Abigall now his wife.

"William Bannester, 1615, died intestate. His widow gave to sir John 304. 16s. for administration. Proved by the Examination of Richard Williamson, James Godscall.

"Hercules Wytham claiming to be executor by will, first gave sir John 5 pieces; then Samford (sir John's inan) undertook for 20 pieces more to his master, and 5 to himself, to procure him a good end; which end was against the Will. Proved by the Examination of Hercules Wytham.

"Sir W. Whorwood died 7 years past. Field Whorwood, a younger son, and a daughter, offered to prove a Will; Thomas Whorwood, the elder brother, offered to prove a second Will; Badsor, the proctor, promised sir John 100/. for his hand to Field Whorwood, but paid only 341. to him, and to his man Sampford 67. Proved by John Badson.

"Thomas Whorwood, by advice of Sampford, gave sir John 381. yet sir John gave Sentence against him. Proved by the Examination of Thomas Whorwood, John Babham.

"George Sturges dying intestate, Francis Sturges, his kinsman, offered sir John, for administration, 201. in gold, which, sir John said, was too light; then he gave him 40/7. and had them. Proved by the Examination of Robert Davies, Robert Sturges, Robert Labourne.

"Phillip Hollman died 1619. Phillip Hollman exhibited his father's Will; a caveat being entered, he sent by Kelvert 20 pieces to sir John for his favour; which he accepted, and demanded 201. more, which Kelvert promised, but paid not. Proved by the Examination of Phil lip Hollman, Rd. Kilvert, proctor.

"James Lingard, 1618, died intestate. John

"Henry Rylye, 1610, died intestate. Jobn Rylye sued for administration. He gave sir John 501.; and sir John procured from John Rylye nine rings, set with diamonds, pawned to the intestate for 304., but were not worth 10.; Anthony Ashly and Tho. Welles, two of the kindred of the intestate, agreed with Sampford to give sir John 304., and 10l. to Sampford, to procure sir John to order them part of the intestate's estate; then he ordered them S004., which John Rylye was enforced to pay; and the said 401. for the Bribe to sir John and his man. More, sir John had a piece of plate, which cost 4l. 16s. 6d., to change the great bond for true administration into a less. Proved by the examination of John Rylye, Anth. Ashley, Tho. Welles.

"Jane Corne, widow, died intestate; yet Francis Winscombe pretended a Will, pendente lite. Sir John received of Wm. Pound, her next kinsman, 40, to grant him administration, which this deponent paid. Sir John would not give administration, unless he might have 401. Proved by the Examination of Lewes Lashbrooke.-The deponent's administrators in trust to perform hier Will, for obtaining of administration, gave 50l. in hand to sir John, and their bond to pay 50/. more three months then next after, and 25s. for forbearing the last 50%. Proved by the Examination of John Davies, Rowland Johnson."

The day being far spent, the house was moved, not to have any more read at that time; whereupon the Prisoner was withdrawn; and ordered, That he be brought hither again tomorrow morning.

May 31. Sir John Bennett being called in, Mr. Attorney General opened another part of Bribery and Corruptions, wherewith the said sir John is charged, and the Proofs thereof: viz.

"He received of Mr. Megges, on the behalf of Mrs. Pill, for the continuance of an administration formerly granted to her, and sought to be revoked, the sum of 451. 13s. 4d. Proved by the Examination of Edw. Willett.

"He received of the widow of Hugh Lee, for the administration of her husband's goods, wherein she was crossed by Caveat, put in by the means of Stamford, sir John's man, s57. Proved by the Depositions of Edw. Willett.

"He received of sir Edw. Scory, for the ad ministration of his father's goods, 100l. Proved by sir Edw. Scory.

"He contracted with Edmund Malton to

1

have 201. for the administration of the goods
of John Clovill: and, the money being brought,
there fell 57. more casually out of his pocket;
whereupon he took that also, and would not
otherwise grant the administration. Proved
by the Examination of Edmund Malton.
"He received of sir John Brand, for an ad-
ministration of his grandfather's goods, 501.;
and this was by way of contract, sir John
pressing to have more. Proved by the Exa-
mination of Tho. Newman, sir Rob. Hichem.

"He received of Johu Hull, for favour in a suit touching the probate of the will of one Holman, 201. Proved by the Examination of John Hull.

"He received of Wm. Huckmore, for the administration of the goods of Philip Hucknore, 15l. Proved by Rd. Williamson.

"He received of Tho. Allen, for the administration of his father's goods, 51. Proved by Rd. Williamson.

"He received of Solomon and John Mansell, for a dividend out of their brother's estate, 20.; and then gave them but 300l., out of an estate of 8000l.; having received, from the widow of the intestate, as she hath confessed, 100l., to the intent he should allot them no more. Proved by Solomon Mansell. "He received of sir Rd. Coningsby, for an administration of the goods of George Pollard, 201. Proved by Edw. Willett.

"He received of Edw. Willett, for an administration, 10. Proved by Edw. Willett.

"He received of Samuel Neast, for his favour in proving a nuncupative will of John Neast, 10l. at one time, and 5 pieces at another, and enforced him to pay a debt of 5147. eto one Fishburne, for which Fishburne had neither specialty, nor so much as a subscription of the testator to his book. Proved by Samuel Neast.

"He received of the same Samuel 60s. for making a report into the court of Chancery. Proved by Samuel Neast.

"He received on the behalf of Hester Michell, for administration of the goods of Edward Michell her father, 201. Proved by William Basse.

"Flower Henshaw, widow, died intestate, in March, 1615, possessed of a personal estate of 11,249/. 2s. 7d. and for the granting of the administration of her said goods unto Benj. Henshaw, the said Benjamin did deliver unto Samford 2001, of which sum he verily believeth sir John had the greatest part, besides 90l. 7s. 7d. to pious uses. Proved by Benj. Henshaw.

"Andrew More, about two years since, died intestate; the administration of whose goods was, by consent of one Clearke, and others, granted to the eldest brother of the said More; for which sir John had 601. besides a gratuity given to Samford. Proved by Wm. Oland, John Ode.

Humphrey Rascarrock, of Pynchley, in Nov. 1616, made his will, and did make Phillipp his wife his executrix, and died; which will being controverted, she first gave 20 old

angels to sir John to have the same will proved in common form; and, after sentence given, for the proof of the said will, 401. Proved by Rd. Williamson.

"Dr. Tighe, in Sept. 13 Jac. made his last will, and died; and made Mary his wife executrix, upon condition that she should prove the will in due form of law. And that Wm. Tighe, brother of the said doctor, could not have a copy of the said Will from sir John until he had given him 10 pieces; and afterwards, the said Wm. Tighe having spent a great part of his estate about the probate of the said Will, and being delayed therein, one Lister, sir John's man, said unto the said Tighe, that, if he would give unto his master 1007. and a gelding of 10%. and unto the said Lister 10l. then his master, sir John, would sentence the will for him; who answered, he could not provide so much money presently, but he would put in good bonds for the payment thereof. But the said Lister said, he would not have any bonds: and that, if he would not bring his master 40 pieces, that then one Dr. Bancrofte, brother to the said executrix, should have Sentence; whereupon he procured 15 pieces, and brought them to sir John, who would not accept thereof; saying, He would not take paper for gold. And thereupon the administration of the goods of the said Dr. Tighe was granted unto the said Mary, by the procurement of the said Dr. Bancrofte; upon which the said Lister said that a halting proctor had brought gold from the said Dr. Bancrofte, and that he had over-weighed him. Proved by Win. Tighe, Tho. Stiles, Rd. Maxey.

"Sir Henry Middleton, kt. made his last will and testament, and therein made David Middleton his brother, and Henry Middleton his son, executors thereof; and that Alice Middleton the wife of the said David, did give 407. to sir John to have the administration of the goods of the said sir Henry Middleton granted unto her, during the minority of the said Henry the son. Proved by Rd. Williamson.

"Mary Hawley, about six years since, died intestate, of an estate worth 6 or 700l. and Robert Hanbury gave to sir John 601. and more, for the administration of her goods, as it was confessed by John Ray, upon his deathbed. Proved by Jane Fenwick, Eliz. Haley.

"That Mr. Ashton, by the hands of Phillip King, did give to sir John's lady a Spanish carronet, or girdle, about the value of 100 marks, for the kindness he had received of sir John about an administratlon of the goods of-. Proved by Philip King.

"That Rd. Hawley, about five years since dying intestate, and the administration of his goods being granted to one Henbury during the minority of his children, sir John had 201. or 20 pieces, given him by the said Henbury. Proved by Tho. Geares.

"That George, Scarlett, in June, 1615, died intestate; and that sir John would not grant the administration of his goods unto Peter Scarlett, until the said Peter had given the said sir John 107, in gold in hand, and 51. more