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to be paid shortly after; which was paid accordingly. Proved by Peter Scarlett."

Sir John Bennett's DEFENCE.

This being read by Mr. Attorney General, the lord chief justice demanded of sir John Bennett what Answer he would make unto the same; who answered to the effect following: viz.

And it is ordered, That the king's counsel shall only open the Charge and Proofs against him, but not to inform any thing against him at the hearing.

Sir John Bennett being called in again, and at the bar, the lord chief justice told him, how far forth the lords had granted his Requests; and also that their lordships were pleased he should be bailed.

It is ordered, also, That sir John Bennett may be bailed, upon 20,0004; bonds to be taken here in court, with such sureties as the court shall allow of; and, if he cannot procure "I come, in all humility, to prostrate myself sureties that amongst them will be bound in so at your lordships feet. If your lordships ex-great a sum, then he shall remain prisoner with pect a speedy and perfect Answer at this time, the sheriffs of London." I hope you will excuse me, as being surprized with such a tempest of affliction. The particulars of my Answer run through the compass of 19 years, the whole time of my being Judge of the Prerogative Court of Canterbury), which doth constrain me to beseech your lordships to give me some time not only to call to mind the acts of judicature of mine own court, but to confer with others also.-I bumbly desire to have a copy of my Charge; and what I am justly charged with I will confess, after I have had time to consider thereof. Those whereof I am otherwise accused (as of many), I desire (as by the law of nations I ought) to have liberty to peruse the Accusations, to exhibit cross Interrogatories, and to procure Witnesses to be examined, and to have counsel allowed me; and, lastly, I humbly beg at your lordships hands, even for justice sake, time proportionable to the multitude of these Accusations, to make my Answer. And I doubt not but so to extenuate them all, that, when your lordships shall see and consider the ground of them, you will not hold me so foul a guilty man as I am accused for. I am the first ecclesiastical officer charged in this manner, and whereas I am charged to have taken money in pious uses, amounting to a great sum, I will gage my life, that, upon proclamation made thereof, proof cannot be produced of 4000l. which is not above 2001. per annum, since I was judge; whereof if I cannot give good account, I will beg my bread all my life."

Sir JOHN BENNET bailed upon 20,000l. The Prisoner being removed, the house took into their consideration these Requests of sir John Bennet; and, after deliberation thereof, their lordships were pleased to grant the same thus far: viz. "That he should have, 1. Time till the next access of the parliament, to make his Answer. 2. Counsel to advise with only; but no counsel here in court to defend his cause. 3. Liberty to examine Witnesses er sua parte; not to examine any upon cross Interrogatories. And his Witnesses are to be sworn here in court upon such Interrogatories as he should deliver and the court allow. 4. To have copies of the Heads of the Charge; but no names of any Witnesses or Proofs. 5. To have leave, at the hearing, to take Exceptions unto the witnesses produced against him; and the names of the witnesses are to be delivered him at the hearing. 6. Liberty to search the records of his own court, and his own writings.

And the Lord Chief Justice, by commandment of the house, did admonish him not to impair his estate, but that it remain in the same plight as when he was first complained of here for 1,100l. which he hath of her money, as in court; and also to satisfy Mrs. Eliz. Skorye left with him in deposito; and to satisfy the 1000l. which remains in his hands, of sir Tho. Bodley's legacy to the university of Oxon. do acknowledge the honourable favour of this Unto which sir John Bennett answered, “ I Court, the goodness and grace of God, to put me into your hands, and these favours towards me in your hearts. Mrs. Skorye's money I confess due, and will give her satisfaction for the same. As for the other 1000l. I have performed as much as sir Tho. Bodley required, having laid out other moneys for the Univer sity of Oxford, which I intended to have done (whatsoever I may do yet) out of my own estate, had not these cross fortunes happened. As for my Bail, I am in debt and disgrace; and doubt whether I can procure bail to enter into so great at sum. I humbly beseech your lordships, that myself may be bound in 1000/. and my Sureties in another 1000l. more."

Si John Bennett being withdrawn, it was put to the question, Whether the former Order touching his Bail should stand, or to be altered according to his request; and agreed, The former Order to stand.

June 4th. The parliament was adjourned. At the next meeting we hear no more of the Proceedings against sir John, than that he made his appearance to save his bail, and was ordered to attend from day to day; which proved so tedious, that he petitioned the house either to be tried, or discharged from so close an attendance. This was not complied with, and he was obliged to wait, without any Trial, till the 17th of Dec. on which day it being signified to the house, That sir John was so sick that he could not, without great danger of his life, make his personal appearance, it was agreed that the said sir John should stand upon his bail for his appearance, but not to incur any danger of forfeiture for his non-appearance, at this time, by reason of his indisposition. Thereupon the Lord Keeper acquainted the house, That many Petitions were exhibited, every morning, against the said sir John, which were much called

upon. It was agreed, "That, lest the justice and care of this house, to question the said sir John for the same, may be doubted of, notice shall be given to the petitioners that this time was designed for greater affairs, and too short now to proceed against him upon those Complaints; but that the lords did resolve, at the

next access, to proceed against him effectually." As this next meeting never took place, in this reign, it is very probable, if sir John did not die of this illness, that he got off his trial and censure by the confusion of the times; for his bail would be discharged in course, at the dissolution of the parliament.

120. Proceedings in Parliament against EDWARD FLOYDE, for scandalizing the Princess Palatine: 19 JAMES I. Á. d. 1621. [Journals of both Houses. 1 Cobb. Parl. Hist. 1250.]

May 5, 1621.

THE House of Lords was moved to take into consideration an act, lately done by the Commons, in convening before them the person of one Edward Floyde, in examining of witnesses, giving Judgment upon him, and entering it as an act of their own. That this proceeding trenched deep into the privileges of their house, for that all Judgments do, properly and only, belong unto the Lords. Therefore, it was resolved not to suffer any thing to pass, which might prejudice their right in this point of judicature; and yet, so to proceed, as that the love and good correspondency between both houses might be continued.

The Commons had been some time engaged in examining witnesses against this Floyde; and having sufficient proof of his speaking the Words he was accused of, on the 1st of May proceeded to give Judgment against him. Many arguments ensued on what punishment to inflict upon him; and, among the rest, sir Edwin Sandys said, "That the house ought to be well advised, since there was much difficulty in the case: that their Sentence would be censured in a great part of the Christian world: that the root of this man's malice was ill-affection to Religion, and consequently, to the state. There were but two eminent persons before, viz. king Edward 6, and Queen Jane, who had escaped the virulent tongues of opposites in Religion. This lady Elizabeth was the third, who was much praised by all her enemies. That he was for joining with the Lords in this proceeding; was it not for the great business they had, and should soon bring before them: In the Sentence not to meddle with his religion, but his offence in tongue; for that would make him be canonized: that the words he had spoken were words of contempt, not of slander; therefore to punish him with as much contempt as may be, &c."

Sentence of the Commons.

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On the whole, the Commons agreed on a Sentence, which the Speaker denounced against the offender, kneeling at their bar; which Sentence, was ordered to be entered in their Journals, and is," Be it remembered, that upon

The princess Palatine, the king's daughter.

VOL. II,

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Tuesday, the 1st day of May, in the of the reign of our sovereign lord James, by the grace of God, king of England, &c. the 19th; Edward Floyde, late of Clarnemayne, within the county of Salop, esq. was impeached before the Commons assembled in this parliament, for that the said Edward sithence the summons of this parliament in the prison of the Fleete, having communication concerning the most illustrious princess the lady Elizabeth, only daughter of our said sovereign lord, and the most excellent prince her husband, did use and utter, openly and publicly, false, malicious and despiteful speeches, of the said two princes; saying in this manner, I have heard, that Prague is taken; and Goodman Palsgrave and Good'wife Palsgrave have taken their heels, and run away; and as I have heard, Goodwite Palsgrave is taken prisoner;' and that those words were spoken by him, in most despiteful and scornful inanner, with a fleering and scoffing countenance, and with a purpose to disgrace, as much as in him lay, those two princes; and that at other times he did, in like despiteful and reproachful manner, use other malicious and opprobrious words of them. Whereupon the said Commons of their love and zeal to our said sovereign lord, and not minding to let pass unpunished those things, that tended to the disgrace of his majesty's issue, a part of himself, who is head of the parliament, did call before them the said Edward Floyde, and thereof did question him; and thereupon so far proceeded, that after upon the same day, for that the said matters, whereof the said Edward was impeached, were true and notorious, therefore the said Commons in the Commons House assembled in parlament did adjudge and award, that the said Edward should be returned that night prisoner to the Fleete, where before he remained in prison, and to lie that night in a place there, called Bolton's Ward: and shall the next morning be brought to Westminster, into the great yard before the door of the great hall of pleas, and be there set, and stand, upon the pillory, from 9 untill 11 of the clock, in the forenoon, with a paper upon his hat, with this inscription, in capital letters, of these words; For false, ma

licious, and despiteful Speeches, against the 'King's Daughter, and her Husband;' and from thence shall presently ride to the Ex

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change within the city of London, upon a horse without a saddle, with his face backwards to ward the horse's tail, holding the tail in his hand, with the former paper on his head; and be there again set, and stand, upon the pillory, two hours: and from thence shall ride, in like manner, to the Fleete, and there to remain until the next Friday morning; and, on that morning, to ride in like manner, into Cheapside, in the city of London, and there shall be sct, and stand, upon the pillory, with the former paper and inscription, by the space of two hours, that is, from 10 until 12 of the clock in the forenoon of that day; and ride back to the Flecte, in like manner as before: And that there is set, and assessed upon him, a fine of 1000!."

| the judges and king's council should make a report of the collections of what the Commons alledged for their right of judicature.

3.

The Lords having considered the precedents alledged by the Commons at the last Conference, do find that they tended to prove, 1. "That the house of cominons is a Court of Record. 2. That they have administered an Oath in matters concerning themselves. That they have inflicted punishments on delinquents, where the cause has concerned a messenger of their house, or the privilege thereof."-Their lordships determined, "That the question, at this time, is not Whether that house be a Court of Record; nor whether the Oath by them alledged to be ministered, in a matter concerning that house, was given by the house, or by a master in Chancery, then one of their members; nor whether they have a right of judicature in matters concerning themselves? But the question is, Whether that house may proceed to Sentence any man, who is not a member of their house, and for a matter which does not concern them, for which the Commons alledged no proofs, nor produced any precedents? Therefore their lordships agreed to pray a Re-conference about the same; and, at the said Conference, to stick to this only, "That the house of commons have no power of Judicature, no coercion against any, but in inatters concerning their own house.”

This Proceeding the Lords judged to be a great infringement of their privileges; and, on the day aforesaid, after mature deliberation of the matter, the lords sent a message, in writing, to the commons, by two of the Judges, importing, "That the Lords, during all this parliament, have had much contentment in the good correspondency that hath been between both houses that their lordships have an earnest affection, and an assured confidence of the happy continuance of it to the end; with a full resolution of all possible endeavours, on their parts, tending thereunto. Their lordships having heard of a Censure lately passed in that house, against one Edward Floyde, are desirous May 8. p. m. The house being to meet the of a Conference for the accommodation of that Commons at the Re-conference, this afternoon, business, in such sort as may be without any concerning the Judicature in which the Lords prejudice to the privileges of either house. conceived the others had trenched into their This Conference they desire, if it may stand liberties and privileges; and wherein their lordwith the occasions of that house, may be be- ships were not satisfied with the precedents tween the whole houses, at 3 in the afternoon, alledged by the Commons, at the former Conin the Painted Chamber; with power to each ference in their defence thereof: yet being decommittee to treat and confer freely, and to sirous to continue that good respect and corunderstand each other's reasons."-To the end respondency which hath been all this parliament that the Lords might agree amongst themselves between both the houses, they thought proper in what manner to proceed at the said Confe- to order, That the archbishop of Canterbury rence, the house adjourned ad libitum; and, should begin the introduction to the Confer being returned, it was resolved, That the arch-ence, and propound any thing that might tend bishop of Canterbury should begin, and the Lord Treasurer, the Lord Chamberlain, and the earl of Southampton, should argue and dispure about it.-Answer returned from the Commons by sir Lyonel Cranfield and others: "The knights, citizens, and burgesses of the House of Commons, have commanded me to let your lordships understand, that they take great comfort in the message which your lordships sent them, and desire the happy continuance of the love and unity of both houses, Their whole house, as a committee, will attend your lordships at the conference desired, and at the time and place appointed." May 5. p. m. After consulting a precedent shewn their lordships by Mr. Serjeant Crew, 1 Hen. 4. which proved, That the Commons were not Judges in parliament; but that judicature belongs unto the King and Lords alone, the whole house went, as a committee, into the Painted Chamber. And, being returned, the house was resumed; when it was agreed, that

to a gentle ending of the same. And, that if the Commons would agree to a sub-committee, to end this business, then the Archbishop, the Lord Admiral, the Lord Chamberlain, the earls of Arundel and Southampton were appointed for that purpose; and it was further agreed, Tt this sub-committee should be limited not to yield to any thing, in point of Judicature, which they of the commons have done, lest it may in time become a precedent to wrong the privileges of the lords. The Commons agreed to a sub-committee, to end this difference.

May 12. The archbishop of Canterbury reported the Conference held yesterday between the sub-committees of both houses, to this effect; "1. The Commons shewed their constant resolution to maintain the love and gonti correspondency between the two houses. 2. Their resolution not to invade the privileges of this house, that have dealt so nobly with them. Lastly, that out of their zeal they sentenced Floyde; but they leave him to the Lords with

termed him that poor lad;' and scoffingly, and with great jollity, related a stage play of the princess running away with two children, the one under one arm, and the other under the other arm, and the third in her belly, and the Palsgrave following with the cradle.

an intimation of their hope that this house will minious and despiteful terms of Goodman censure him also. Then they proposed a Pro-Palsgrave,' and Goodwife Palsgrave; and testation to be entered with the Lords for a mean to accommodate the business between them.-A Protestation was immediately drawn up and agreed to, in these words; "That the proceedings lately passed in the House of Commons, against Edward Floyde, be not at any time hereafter drawn or used as a precedent to the enlarging or diminishing of the lawful rights or privileges of either house: but that the rights and privileges of both houses shall remain in the self-same state and plight as before." This Protestation is also entered in the Journals of the Commons, without any addition or altera-Nay, now we may freely speak it, for any notion by them.

Proceedings before the Lords.

May 25. The archbishop of Canterbury, first of the committee appointed by the House to take Examinations in the Cause of Edward Floyde, reported, That they had taken several, and were satisfied of the Proof of the Crimes objected against him; and moved the house that Mr. Attorney General might read the said Examinations. Accordingly, the Deposition of six persons were read, and then it was ordered, That Floyde should be brought to the bar the next morning, in order to proceed to Judgment against him.

The Attorney General's Charge.

May 26. Edward Floyde being brought to the bar, Mr. Attorney charged him with notorious Misdemeanors and high Presumption: viz. 1. For rejoicing at the losses happened to the king's daughter and her children. 2. For discouraging of others, which bear good affection unto them. 3. For speaking basely of them. 4. For taking upon him to judge of the rights of kingdoms.

The first, Mr. Attorney shewed, that, in Dec. last, Floyde, being prisoner in the Fleet, having advertisement that Prague was taken, did, upon all occasion, shew himself joyful and glad of that calamity and afflictions which had happened unto the prince and princess Palatine, the king's only daughter, and their chil

dren.

And for the second, Mr. Attorney shewed, that this Floyde, relating unto Henry Pennington this loss of Prague, and the captivity, as he believed, of the king's son in law, and of the king's daughter and her children; and the said Pennington wishing that himself, and all the convenient men of this kingdom, were pressed forth, not to return with their lives, till they had redeemed her from captivity; he the said Floyde replied: I am sorry, thou art such a 'fool.' And the said Pennington reproving him for saying so, he the said Floyde replied, That, if he had been out of his chamber, he 'would have struck him.'

And for the third, Mr. Attorney shewed, That the said Floyde taking occasion to speak of these matters, did term the prince and princess Palatine, the king's daughter, by the igno

And for the fourth, Mr. Attorney showed, That one Abdias Cole going to preach on a Sunday morning in the Fleet, the said Floyde called to him, and told him that Prague is taken; and the said Abdias Cole answering, That is little comfort to me,' Floyde replied, ⚫bleman has as good right to be king of Wales, as he, meaning the Palsgrave, to be king of 'Bohemia.'

Here Mr. Attorney opened that point of the ancient Oath of Allegiance:* Of which oath and the danger to the offender in such case, the said Floyde (being a lawyer) could not be ignorant and that therefore his offence was greater. And Mr. Attorney did further shew, That this Floyde; being a man of good estate, was a justice of peace in the county of Salop, and for that he was put out of the commission (which was affirmed to be true, by Mr. Baron Bromley, being this day present). And also that this Floyde, having heretofore studied the common laws of this land in the Inner Temple, where he was called to the bar, was put out of that society by the benchers of that house.

Floyde's Answer.

This being said, the Lord Chief Justice demanded of Floyde what Answer he could make unto these Misdemeanors, wherewith he was charged by Mr. Attorney. Floyde thereupon began with a long discourse, to traduce the persons of such as had deposed against him; but, being demanded to make a direct Answer to the Charge; He said, 'I cannot remember that these Words were ever spoken by me.'

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Whereupon the Clerk read the Depositions and Examinations of Lettice Harris, Henry Pennington, John Broughton, George Hardman, Edward Aldred, Abdias Cole. Which being read, the L. C. Justice demanded of Floyde, whether he spake these Words, Goodman Palsgrave,' and Goodwife Palsgrave.' He the said Floyde said, I spake not those Words in such sort as they are laid down in the said Examinations.'-The L. C. Justice demanding of him again, whether he spake those Words, or words to that effect; He answered, It is but a folly for me to deny them, because so many have proved them.' And afterwards he said, I will not deny them, because so many have proved them. And he being demanded, whether he spake the other words, or used the insolent behaviour towards the prince and princess Palatine; answered, 'I remember it not.'

The Prisoner being withdrawn; although the

* Sic in Orig.

lords were fully satisfied by these Examinations, and Floyde's Answers, yet, for order sake, it was put to the question, Whether Edward Floyde be so guilty of the offences wherewith he is charged, as that he deserves to be censured; and agreed unto by all, nem. diss.

The Censure against E. Floyde being propounded in this manner: viz, "1. Not to bear Arms as a gentleman, &c. 2. To ride with his face to the horses tail, to stand on the pillory, and his ears nailed, &c. 3. To be whipped at a cart's tail. 4. To be fined at 50001. 5. To be perpetually imprisoned in Newgate." It was put to the question, first, Whether the said Floyde shall be whipped or no, which some lords doubted to yield unto, because he was a gentleman; yet it was agreed, per plures, that he shall be whipped. Then it was put to the question, Whether Floyde's ears shall be nailed to the pillory or no; and agreed, per plures, not to be nailed.

Sentence of the Lords.

shall be brought to Westminster-hall, and there to be set on horse back, with his face to the horse tail, holding the tail in his hand, with papers on his head and breast, declaring his offence, and so to ride to the pillory in Cheapside, and there to stand two hours on the pillory, and there to be branded with a letter K in his forehead. 3. To be whipped at a cart's tail, on the first day of the next term, from the Fleet, to Westminster-ball, with papers on his head, declaring his offence, and then to stand on the pillory there two hours. 4. That he shall be fined to the king in 5000l. 5. That he shall be imprisoned in Newgate, during his life."

Mem. The clerk signed a warrant to the Serjeant at Arms, and the Warden of the Fleet, to see the Sentence executed; with a clause therein, for the sheriffs of London and Middlesex, and all other his majesty's officers to whom it might appertain, to be aiding, and assisting unto them. And Mem. That these Words were written in the Paper to be on Floyde's head, declaring his offence: viz. "For ignominious Then the form of the Sentence being read," and despiteful Words and malicious and it was put to the question, Whether those Punishments therein mentioned shall be inflicted on the said Floyde or no; and agreed unto generally. And he being brought to the bar again, Mr. Attorney General came to the clerk's table, and making a short repetition of Floyde's offence, prayed the lords to proceed to Judgment against him.

"scornful behaviour towards the Prince and "princess Palatine, the king's only daughter, " and their children."

Cambden tells us, That every part of this Sentence was executed on Floyde; but the Lords Journals assure us, That some days after on a motion from the Prince it was ordered, That the punishment of whipping, with all that belongs to it, to be inflicted upon Edward Floyde, be suspended and forbory, until the

Whereupon the Lord Chief Justice pronounced the Sentence in these words: viz. "The lords spiritual and temporal, consi-pleasure of the house be further known; the dering of the great Offence of the said Edward Floyde, do award and adjudge: 1. That the said Edw. Floyd shall be incapable to bear arms as a gentleman; and that he shall be ever held an infamous person, and his testimony not to be taken in any court or cause. 2. That on Monday next, in the morning, he

rest of the punishment to be executed according to the former order. It was also ordered, That, hereafter, when any Censure beyond imprisonment be agreed on, that judgment thereupon be not then given, but on another day, or sitting, that time may be taken to consider thereof.

121. Proceedings against GEORGE ABBOT,* Archbishop of Canterbury, for the killing of Edward Hawkins, one of the Lord Zouch's Keepers: 19 JAMES I. A. D. 1621. [2 Collier's Eccl. Hist 720. Fuller's Ch. Hist. Book 10, Cent. Heylin's Life of Laud, 80. Hacket's Life of Williams, 66. Sir Henry Spelman's Remains.]

THE next summer, (1621,) archbishop Abbot being invited by lord Zouch to kill a buck at his Park at Bamzil, in Hampshire, met with a very calamitous accident, for shooting at

Janes Howell in a letter to sir Thomas Savage, Nov. 9, 1622, writes, "Since that sad disaster which befel Archbishop Abbot, to kill the man by the glancing of an arrow as he was shooting at a deer (which kind of death befel one of our king's once in New Forest) there hath been a commission awarded to debate

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deer with a cross bow, the keeper, coming up unwarily too forward, was struck with the arrow under the left arm, and died about an hour after. The king informed of this misfortune, whether upon this fact, whereby he hath shed human blood, he be not to be deprived of his archbishoprick, and pronounced irregular: some were against him; but bishop Andrews, and sir Henry Martin, stood stiffly for him, that in regard it was no spontaneous act, but a mere contingency, and that there is no degree of men

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