DIE Martis, videlicet, 24 die Aprilis,
Domini tam
Spirituales quam Temporales, quorum nomina
subscribuntur, præsentes fuerunt:
King present.
Præsens REX.
p. Carolus Princeps Walliæ, etc.
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|
p. Archiepus. Cant.
p. Archiepus. Eborum.
Epus. London.
p. Epus. Dunelm.
p. Epus. Winton.
Epus. Exon.
Epus. Petriburgh.
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p. Epus. Wigorn.
p. Epus. Asaphen.
Epus. Norwicen.
Epus. Roffen.
Epus. Glocestren.
p. Epus. Meneven.
p. Epus. Covent. et Leich.
p. Epus. Carlien.
p. Epus. Bathon. et Well.
p. Epus. Bangor.
p. Epus. Elien.
Epus. Lincoln.
p. Epus. Cicestren.
p. Epus. Oxon.
Epus. Bristol.
p. Epus. Cestren.
p. Epus. Landaven.
p. Epus. Sarum. |
p. Jac. Ley, Miles et Bar. Ds. Capit. Justic. Locum tenens, etc.
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p. Comes Wigorn. Ds. Custos Privati Sigilli.
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Marchio Winton.
p. Comes Oxon. Magnus Camerar. Angliæ.
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p. Comes Pembroc. Camer. Hospitii.
p. Comes Arundell.
Comes Northumbr.
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Comes Salop.
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p. Comes Rutland.
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p. Comes Sussex.
p. Comes Huntingdon.
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p. Comes Essex.
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p. Comes Warwic.
p. Comes Devon.
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Vicecomes Mountague.
p. Vicecomes Walingford.
p. Vicecomes Doncastr.
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p. Vicecomes Feildinge.
p. Ds. Abergaveny.
Ds. Audeley.
p. Ds. Zouch.
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p. Ds. Dacres de Herstm.
p. Ds. Stafford.
Ds. Scrope.
p. Ds. Duddeley.
p. Ds. Stourton.
Ds. Herbert.
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Ds. Sandis.
Ds. Vaux.
Ds. Windsor.
p. Ds. Wentwoorth.
Ds. Mordant.
p. Ds. Cromwell.
Ds. Eure.
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p. Ds. Sheffeild.
p. Ds. Pagett.
Ds. Darce de Chich.
p. Ds. North.
p. Ds. Chandois.
p. Ds. Hunsdon.
p. Ds. St. John de Bl.
p. Ds. Howard de Wa.
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p. Ds. Russell.
p. Ds. Gray de Grooby.
p. Ds. Petre.
p. Ds. Danvers.
p. Ds. Gerard.
p. Ds. Spencer.
p. Ds. Say et Seale.
p. Ds. Denny.
p. Ds. Stanhope de Har.
p. Ds. Carew.
Ds. Arundell.
p. Ds. Knyvett.
Ds. Houghton.
Ds. Teynham.
Ds. Stanhope de She.
Ds. Noel.
p. Ds. Digby. |
THE Lords sitting in their Robes, and the Lord
Chief Justice in the Place of the Lord Chancellor, expecting His Majesty's Coming into the Parliament
House, the Earl of Oxon (Lord Great Chamberlain
of England) and the Earl of Essex, who carried the
Sword, coming before, the King entered; and His
Majesty being placed in His Chair, under the Cloth of
Estate, was pleased to make a Gracious Speech unto their
Lordships. The Effect whereof followeth: videlicet,
The King's Speech.
His Majesty, in His said Speech to the Lords, made a
short Repetition of the Speech used by His Majesty
unto their Lordships and the Commons, at their last
Access unto His Majesty, on Friday last: videlicet,
"That at that Time he made a Recantation unto them
of his former Determination not to use any Speeches
unto them, but those usual at the Beginning and
Ending of a Parliament; but the House of Commons do behave themselves so worthily unto Him,
that therefore His Majesty is resolved to speak ostner unto them hereafter, as Occasion shall require."
His Majesty did then put them in Mind of the Causes
of Calling this Parliament, which were Three:
1. To relieve His Majesty's Wants, He having received
no Subsidies these many Years, and for Relief of the
torn Estate of Christendom.
2. To make good Laws.
3. To hear and redress Grievances, which cannot
come to a King's Ears better than by Parliament.
1. For the first, His Majesty told them, That He had
more Cause to give His Subjects Thanks for the Two
Subsidies granted Him this Parliament, than any King
ever had, both for that the same were granted in the
Beginning of the Parliament, and for the Title of the
Grant.
That His Majesty had taken up upon Trust aforehand the Sums granted Him by the said Subsidies, as
well for the Defence of the Palatinate, as for the Maintenance of His Son-in-law and His Daughter, and their
Children, and of the Dowager also (which are all expelled out of their Country), as also for Preparation of
Arms for Recovery thereof.
That His Majesty had procured a short Truce, and
did hope to procure a general Peace, and thereby to settle
them in their Country again; but was to be at great
Charges to send Ambassadors all over Christendom, for
the effecting thereof; and, if this Peace cannot be
obtained, then His Majesty intends to send His Army to
recover the same. The great Charges of either of these
cannot be supplied but by the Grant of more Subsidies.
And whereas some say, Subsidies may be granted at
the next Session, lest, when the same is granted, His
Majesty will dissolve the Parliament with the Session,
within which short Time the important Businesses now
intended cannot be finished; His Majesty protested before God, That, whether there be any more Subsidies
granted him or no, he intends not to dissolve the Parliament until the Matters in Agitation be finished.
2. Touching the making of good Laws; His Majesty
shewed, "That, at his first coming to the Crown, he
commanded a Collection to be made of all Penal
Statutes, the which Book (His Majesty hears this Day)
is now finished; and he is very glad thereof; the
said Penal Laws, some intricate, some obsolete, being
the Ground-work of all Informers." Amongst other
good Laws to be made, His Majesty especially recommended a Reformation of the Abuses of Informers, and
that they be punished.
3. As touching the Complaints of Grievances, His
Majesty commended the Complaint of all Publick
Grievances, protesting, that He will prefer no Person
whomsoever before the Publick Good. And His Majesty was pleased to put the Lords in Mind of their antient Orders of this House, in hearing the Complaints in
the Examinations, and their Manner to give Judgment
thereupon; and advised them to entertain nothing (the
Time being precious) which was not Material and
Weighty.
And whereas many Complaints are already made
against Courts of Judicature, which are in Examination,
and are to be proceeded upon by the Lords; His
Majesty will add some, which He thinks fit to be also
complained of, and redressed: videlicet, That no Orders
be made, but in Publick Court, and not in Chambers;
that excessive Fees be taken away; that no Bribary nor
Money be given for the Hearing of any Cause. These
and many other Things His Majesty thought fit to
be done this Session. And His Majesty added, That,
when He hath done this, and all that He can do for the
Good of his Subjects, He confesseth He hath done but
the Duty whereunto He was born.
And His Majesty was also pleased to say, That now He
is come to speak somewhat in particular unto the Lords
of this House for Himself; and told them, that as all
Libels are generally punished, so a Libel against His Majesty, in open Parliament, must not escape.
That Sir Henry Yelverton, being the other Day here at
the Bar, did infer that all the Punishment upon him was
for his good Service done His Majesty.
His Majesty said, It seemed strange unto Him, that Sir
Henry Yelverton should be examined here upon any
Thing, save the Patent of Gold and Silver Thread;
for that His Majesty did not conceive that any Matter
was complained of against Sir Henry Yelverton, touching the Inns and Hosteries, whereof he was here also
examined; touching which Patent Mompesson had made
Complaint to His Majesty: That Sir Henry Yelverton
refused to send any Process of Quo Warranto against a
Multitude of Innkeepers; and His Majesty accepted
Sir Henry Yelverton's modest Answer, that he misliked
those Proceedings against His Subjects; but afterwards
His Majesty understood that Mompesson agreeing that
Sir Henry Yelverton should receive the Fees due unto
him upon the said Process, he the said Sir Henry
Yelverton yielded thereunto, and Mompesson never made
further Complaint thereof.
His Majesty, to clear Himself, did lay open unto the
Lords the many former just Mislikes, which He had
against Sir Henry Yelverton, before He questioned him,
and His gentle Proceedings against him for the same;
and shewed that the first Mislike He found in him
was, that His Majesty, referring a Pardon of a Petty
Theft to be considered of by him, and the then Solicitor, he alone took it into his Consideration, and
signed a Pardon for Murther also.
That the said Sir Henry Yelverton passed at one Time
Four Patents for His Majesty to grant, which the Lord
Chancellor stayed at the Seal, the same being very inconvenient. Hereupon His Majesty intended to remove
him, but by Way of Preferment; and, finding at that
Time a Judge's Place void, He thought to have bestowed
that upon him; but, because He had not any Precedent,
that the King's Attorney General was ever preferred to
any other than to a Place of Chief Judge, His Majesty
did then forbear, expecting some other Preferment for
him.
And His Majesty, hearing of the Charter of the City
of London lately renewed, containing many new excessive
Grants, although Sir Henry Yelverton therein exceeded
His Majesty's Warrant; yet His Majesty was pleased,
at the first, to tell him gently and privately thereof; and
the said Sir Henry Yelverton, with many Deprecations,
denied absolutely that any new Liberties were contained
in the said Grant, and desired to kiss His Majesty's
Hands on that Condition, and so did.
Afterwards, when His Majesty intended to question
the said Sir Henry Yelverton for the same, the Lord Admiral besought His Majesty not to think of any private
Wrongs done to his Lordship: In the Examination of
this Business touching the Charter of London, Sir Henry
Yelverton, at the first, justified himself by His Majesty's
Warrant; and that, by that Warrant, he might have
given away all London from Him; yet at last he made a
good Submission in the Beginning; but, in the End,
he said he had not wronged His Majesty in his Prerogative.
His Majesty shewed how gentle the Proceedings were
against Sir Henry Yelverton by His Majesty, and the
Lords in the Star-chamber.
And sith that now Sir Henry Yelverton doth tax His
Majesty, that he suffers for his good Service done, His
Majesty requires the Lords (who are able) to do Him
Justice, and to punish Sir Henry Yelverton for his
Slander.
Message from the Lower House.
Message from the Lower House, by Sir Edward Coke
and others:
The House of Commons have sent up to their Lordships Six Publick Bills, and one Private Bill: The Six
Publick Bills are,
1. An Act to prevent prophane Swearing and Cursing.
2. An Act for the better repressing of Drunkenness,
and restraining the inordinate Haunting of Inns, Alehouses, and other Victualling Houses.
3. An Act for the free Trade and Traffick of Welsh
Cloths, Cottons, Friezings, Linings, and Plains, in and
through the Kingdom of England and Dominion of
Wales.
4. An Act for the Explanation of a Branch of the
Statute, made in the Third Year of the King's Majesty's
Reign of England, intituled, An Act for the better discovering and repressing of Popish Recusants.
5. An Act for the general Quiet of the Subject against
all Pretences of Concealments whatsoever.
6. An Act to make perpetual the Act made for Ease
in Pleading against troublesome contentious Suits.
An Act for the Naturalizing of Phillippe Burlemacchie, of London, Merchant.
They also delivered a Message, consisting of Two
Parts:
1. That the Commons desire a Re-conference, touching the Bill against Informers.
2. That they received Complaints of divers exorbitant Oppressions and Bribery, committed by Sir John
Bennet, Knight, late a Member of their House, but
now expulsed by them out of their House. They desire
also a Conference with their Lordships about him; the
Time, Place, and Number of Committees, they humbly
leave unto their Lordships.
Answer,
Answer.
The Lords will send Answer this Morning, by Messengers of their own, after that Report hath been made
unto their Lordships of the last Conference touching the
Bill against Informers.
Conferences concerning Informers reported. Order.
The Lord Treasurer reported the Conference with
the Lower House, touching the Bill against Informers
(and Memorandum, that during the Report all the Lords
Committees, and the Attendants, stood up, as the Order
is).
Agreed by the Lords, to sit this Afternoon, for the
expediting of the Business of the Lord Chancellor.
Star-chamber Day.
Upon a Motion made this Day unto the House, That
there is a great Cause, in the Midst of Hearing, to be
heard in the Star-chamber To-morrow, the Lords were
contented not to sit To-morrow in the Morning. Provided, That it be not drawn into a Precedent; but that
this House, being the Supreme Court, may sit upon any
Star-chamber-day, notwithstanding the Absence of such
Lords as do use to attend that Court.
Message to the Lower House, by Mr. Baron Denbam
and Mr. Serjeant Hitcham:
Sir John Bennet.
That the Lords will give Meeting unto the Commons,
for a Conference, touching Sir John Bennett, at Four
of the Clock this Afternoon, in the Painted Chamber,
with a Committee of the whole House.
Re-conference concerning Informers.
Their Lordships have also condescended to a Reconference with the Commons, touching the Bill against
Informers, &c. at Four To-morrow in the Afternoon,
in the Painted Chamber, by the former Committee of
this House; and that the Committee of this House
shall have Authority to depute a Sub-Committee of
theirs, to confer with a Sub-Committee of the Commons, if Occasion be; and therefore the Lords desire
the Commons to give their Committee the like Authority: And this their Lordships conceive to be the Meaning of both Houses, at the last Conference.
Answer returned,
Answer.
They will meet the Lords, for a Conference touching
Sir John Bennett, at Four this Afternoon, in the Painted
Chamber, with a Committee of their whole House; and
To-morrow at Four in the Afternoon, the same Place,
the former Committee of Commons will meet with the
former Committee of the Lords, to confer touching the
Bill against Informers, &c. and have given Authority
to their Committee to depute a Sub-Committee, as is
desired by the Lords.
The Prince to be a Member of all Committees.
It is Ordered, by the general Consent of all the Lords,
That the Prince his Highness be of all Committees
generally, if his Highness please.
Gold and Silver.
The Lords Committees of the Bill against Transportation of Gold and Silver are to meet on Thursday, the
Twenty-sixth of this April, in the Painted Chamber, at
Two in the Afternoon.
Sunday.
The Lords Committees on the Bill of the Sabbath
Day are to meet on Friday, the Twenty-seventh of this
April, in the Painted Chamber, at Two in the Afternoon.
Writs of Certiorari.
The same Committees for the Bill of Certiorari and
Supersedeas; and their Lordships are to meet thereupon
at the same Time and Place.
Ordnance.
The Lords Committees of the Bill against Transportation of Iron Ordnance, are to meet on Friday, the
Twenty-seventh of this April, at Two in the Afternoon,
in the Painted Chamber.
Adjourn.
Dominus Capitalis Justiciarius, Locum tenens Domini
Cancellarii, declaravit præsens Parliamentum continuandum esse usque in horam 2m post meridiem, Dominis sic
decernentibus.
Post meridiem,
Domini tam Spirituales quam Temporales,
quorum nomina subscribuntur, præsentes fuerunt:
p. Carolus Princeps Walliæ, etc.
|
|
p. Archiepus. Cant.
p. Archiepus. Eborum.
Epus. London.
p. Epus. Dunelm.
p. Epus. Winton.
Epus. Exon.
Epus. Petriburgh.
Epus. Hereforden.
p. Epus. Wigorn.
p. Epus. Assaphen.
Epus. Norwicen.
Epus. Rossen.
Epus. Glocestren.
Epus. Meneven.
p. Epus. Covent. et Leich.
p. Epus. Carlien.
p. Epus. Bathon. et Well.
p. Epus. Bangor.
p. Epus. Elien.
Epus. Lincoln.
p. Epus. Cicestren.
p. Epus. Oxon.
Epus. Bristol.
p. Epus. Cestren.
p. Epus. Landaven.
p. Epus. Sarum. |
p. Jac. Ley, Miles et Bar. Ds. Capit. Justic. Locum tenens, etc.
p. Vicecomes Maundevil, Mag. Thes. Angliæ.
Comes Wigorn. Ds. Custos Privati Sigilli.
p. Marchio Buck. Mag. Admirallus Angliæ. Marchio Winton.
p. Comes Oxon. Mag. Camer. Angliæ.
p. Comes Richmond, Sen. Hospitii.
p. Comes Pembroc. Camerar. Hospitii.
p. Comes Arundell.
Comes Northumbr.
Comes Nottingham.
Comes Salop.
Comes Kanciæ.
Comes Derbiæ.
p. Comes Rutland.
Comes Cumbriæ.
p. Comes Sussex.
p. Comes Huntingdon.
Comes Bathon.
p. Comes South'ton.
Comes Bedford.
Comes Hertford.
p. Comes Essex.
p. Comes Lincoln.
p. Comes Sussolciæ.
p. Comes Dorset.
p. Comes Sarum.
p. Comes Exon.
p. Comes Mountgomery.
p. Comes Bridgwater.
p. Comes Leicestr.
Comes North'ton.
p. Comes Warwic.
p. Comes Devon.
p. Comes Cantabr.
p. Comes March.
Comes Holdernesse.
Comes Berks.
Vicecomes Mountague.
p. Vicecomes Walingford.
p. Vicecomes Doncastr.
Vicecomes Purbeck.
Vicecomes Maunsfeild.
p. Vicecomes Feildinge.
p. Ds. Abergavenny.
Ds. Audeley.
p. Ds. Zouch.
Ds. Willoughby de Er.
Ds. Lawarr.
Ds. Morley et Mounteg.
Ds. Dacres de Herst.
p. Ds. Stafford.
Ds. Scrope.
p. Ds. Duddeley.
p. Ds. Stourton.
Ds. Herbert.
Ds. Darce de Men.
Ds. Sandis.
Ds. Vaux.
Ds. Windsor.
p. Ds. Wentwoorth.
Ds. Mordant.
p. Ds. Cromwell.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby de Par.
p. Ds. Sheffeild.
p. Ds. Pagett.
Ds. Darce de Chich.
p. Ds. North.
p. Ds. Chandois.
p. Ds. Hunsdon.
p. Ds. St. John de Bletso.
p. Ds. Howard de Wal.
p. Ds. Wotton.
Ds. Russell.
p. Ds. Gray de Grooby.
Ds. Petre.
p. Ds. Danvers.
Ds. Gerard.
p. Ds. Spencer.
p. Ds. Say et Seale.
p. Ds. Denny.
p. Ds. Stanhope de Har.
p. Ds. Carew.
Ds. Arundell.
p. Ds. Knivett.
Ds. Houghton.
Ds. Teynham.
Ds. Stanhope de Shelf.
Ds. Noell.
Ds. Digby. |
THE Prince his Highness signified unto the Lords,
That the Lord Chancellor had sent a Submission unto
their Lordships; the which was presently read. It follows, in hæc verba:
To the Right Honourable the Lords of Parliament,
in the Upper House assembled.
The humble Submission and Supplication of the
Lord Chancellor.
Lord Chancellor's Submission.
It may please your Lordships, I shall humbly
crave at your Lordships Hands a benign Interpretation
of that which I shall now write. For Words, that
come from wasted Spirits, and an oppressed Mind,
are more safe in being deposited in a Noble Construction, than in being circled with any reserved
Caution.
This being moved, and, as I hope, obtained, in
the Nature of a Protection to all that I shall say,
I shall now make into the rest of that wherewith I shall
at this Time trouble your Lordships a very strange
Entrance. For, in the Midst of a State of as great
Affliction as I think a mortal Man can endure
(Honour being above Life); I shall begin with the
prosessing of Gladness in some Things.
The first is, That hereafter the Greatness of a
Judge, or Magistrate, shall be no Sanctuary or Protection of Guiltiness, which (in few Words) is the
Beginning of a Golden World.
The next, that, after this Example, it is like,
that Judges will fly from any Thing that is in the
Likeness of Corruption (though it were at a great
Distance) as from a Serpent; which tendeth to the
Purging of the Courts of Justice, and the reducing
them to their true Honour and Splendor.
And in these two Points, God is my Witness,
that, though it be my Fortune, to be the Anvil upon
which these good Effects are beaten, and wrought, I
take no small Comfort.
But, to pass from the Motions of my Heart,
whereof God is only Judge, to the Merits of my
Cause, whereof your Lordships are Judges, under
God and his Lieutenant; I do understand, there
hath been heretofore expected from me some Justification; and therefore I have chosen one only Justification, instead of all other, out of the Justifications of Job. For, after the clear Submission and
Confession which I shall now make unto your Lordships, I hope I may say and justify with Job, in
these Words: I have not bid my Sin as did Adam,
nor concealed my Faults in my Bosom. This is the
only Justification which I will use.
It resteth, therefore, that, without Fig-leaves,
I do ingenuously confess, and acknowledge, that,
having understood the Particulars of the Charge,
not formally from the House, but enough to inform
my Conscience and Memory, I find Matter sufficient,
and full, both to move me to desert the Defence,
and to move your Lordships to condemn and censure
me.
Neither will I trouble your Lordships by singling
those Particulars, which I think may fall off,
Quid te exemta juvat spinis de pluribus una?
Neither will I prompt your Lordships to observe
upon the Proofs, where they come not home, or the
Scruples touching the Credits of the Witnesses;
neither will I represent unto your Lordships how
far a Defence might, in divers Things, extenuate
the Offence, in Respect of the Time or Manner
of the Gift, or the like Circumstances, but only leave
these Things to spring out of your own Noble
Thoughts, and Observations of the Evidence, and
Examinations themselves, and charitably to wind
about the Particulars of the Charge here and there, as
God shall put into your Mind; and so submit myself
wholly to your Piety and Grace.
And now that I have spoken to your Lordships
as Judges, I shall say a few Words to you as
Peers and Prelates, humbly commending my Cause
to your Noble Minds and Magnanimous Affections.
Your Lordships are not simple Judges, but Parliamentary Judges; you have a further Extent of
arbitrary Power than other Courts; and, if your
Lordships be not tied by the ordinary Course of Courts,
or Precedents, in Points of Strictness and Severity,
much more in Points of Mercy and Mitigation.
And yet, if any Thing which I shall move might
be contrary to your Honourable and Worthy Ends
to introduce a Reformation, I should not seek it.
But herein I beseech your Lordships to give me
Leave to tell you a Story. Titus Manlius took his
Son's Life, for giving Battle against the Prohibition
of his General; not many Years after, the like Severity was pursued by Papirius Cursor, the Dictator,
against Quintus Maximus, who, being upon the Point
to be sentenced, by the Intercession of some principal Persons of the Senate, was spared; whereupon
Livy maketh this grave and gracious Observation;
Neque minus firmata est Disciplina Militaris periculo
Quinti Maximi, quam miserabili supplicio Titi Manlii.
The Discipline of War was no less established by
the Questioning of Quintus Maximus, than by the
Punishment of Titus Manlius: And the same Reason
is of the Reformation of Justice; for the Questioning of Men of eminent Place hath the same Terror, though not the same Rigour, with the Punishment.
But my Case standeth not there. For my humble Desire is, that His Majesty would take the Seal
into His Hands, which is a great Downfall; and
may serve, I hope, in itself for an Expiation of my
Faults.
Therefore, if Mercy and Mitigation be in your
Power, and do no Ways cross your Ends, why should
I not hope of your Lordships Favour and Commiseration?
Your Lordships will be pleased to behold your
chief Pattern, the King our Sovereign, a King of
incomparable Clemency, and whose Heart is inscrutable for Wisdom and Goodness. Your Lordships
will remember, that there sat not these Hundred
Years before a Prince in your House; and never
such a Prince, whose Presence deserveth to be made
memorable by Records and Acts mixed of Mercy
and Justice: Yourselves are either Nobles (and Compassion ever beateth in the Veins of Noble Blood)
or Reverend Prelates, who are the Servants of Him,
that would not break the bruised Reed, nor quench
smoaking Flax. You all sit upon one high Stage;
and therefore cannot but be more sensible of the
Changes of the World, and of the Fall of any of
high Place.
Neither will your Lordships forget, That there
are Vitia Temporis, as well as Vitia Hominis; and
that the Beginning of Reformations hath the contrary Power of the Pool of Bethesde; for that had
Strength to cure only him that was first cast in; and
this hath commonly Strength to hurt him only that
is first cast in; and, for my Part, I wish it may stay
there, and go no further.
Lastly, I assure myself, your Lordships have a
Noble Feeling of me, as a Member of your own
Body, and one that, in this very Session, had some
Taste of your loving Affections; which, I hope, was
not a Lightening before the Death of them, but
rather a Spar of that Grace, which now in the Conclusion will more appear.
And therefore my humble Suit to your Lordships
is, That my penitent Submission may be my Sentence,
and the Loss of the Seal my Punishment; and that
your Lordships will spare any further Sentence, but
recommend me to His Majesty's Grace and Pardon
for all that is past. God's holy Spirit be amongst
you.
April 22, 1621.
Your Lordships
Humble Servant and Suppliant,
"Fr. St. Albon, Canc."
The which Submission being read, first by the
Clerk, and afterwards repeated by the Lord Chief
Justice; the House was adjourned ad libitum, to the
End, the whole House being a Committee, it might
be the better debated, whether the said Submission were
a sufficient Confession for the Lords to ground their
Censure on.
Lord Chancellor to be charged with Particulars of Bribery, &c.
Their Lordships being all Agreed, That the Lord
Chancellor's Submission gave not Satisfaction to their
Lordships, for that his Lordship's Confession therein
was not fully nor particularly set down, and for many
other Exceptions against the Submission itself, the
same in sort extenuating his Confession, and his Lordship seeming to prescribe the Sentence to be given
against him by the House; their Lordships Resolved,
That the Lord Chancellor should be charged particularly with the Briberies and Corruptions complained
of against him; and that his Lordship should make a
particular Answer thereunto; but, whether his Lordship shall be brought to the Bar, to hear the Charge,
or that, Respect being had to his Person (as yet having
the King's Great Seal), the Charge shall be sent
unto his Lordship in Writing, it was much debated.
And the Lord Chief Justice returning to the Lord
Chancellor's Place, his Lordship put it to the Question,
videlicet, Whether the Charge shall be sent to the Lord
Chancellor in Writing, or the Lord Chancellor brought
to the Bar, to hear the same; and Agreed, by most
Voices, The Charge to be sent to his Lordship.
Memorandum, That, during the Time the whole
House was a Committee, the Collections of Corruptions charged upon the Lord Chancellor, and the
Proofs thereof made by the Three Committees according to the Order of 19° instantis Aprilis, was read by
Mr. Attorney General.
And the said Collection (without the Proofs) was
now first read by Mr. Attorney, and then sent to the
Lord Chancellor by Mr. Baron Denham, and him the
said Attorney General, with this Message from their
Lordships: That the Lord Chancellor's Confession is
not fully set down by his Lordship, in the said Submission, for Three Causes: 1. His Lordship confesseth
not any particular Bribe nor Corruption. 2. Nor
sheweth how his Lordship heard of the Charge thereof.
3. The Confession, such as it is, is afterwards extenuated in the same Submission; and therefore the
Lords have sent him a Particular of the Charge, and
do expect his Answer to the same, with all convenient
Expedition.
Lord Chancellor's Corruptions.
Here followeth the said Collection: videlicet,
Corruptions charged upon the Lord Chancellor, with
the Proofs thereof.
1. In the Cause between Sir Rowland Egerton,
Knight, and Edward Egerton, the Lord Chancellor received Five Hundred Pounds, on the Part of Sir
Rowland Egerton, before he decreed the same; proved
by the Depositions,
Of Sir Rowland Egerton:
Of John Brooke, who deposeth to the providing of
the Money, of Purpose to be given to the Lord Chancellor; and that the same is delivered to Mr. Thelwall, to deliver to the Lord Chancellor:
Of Bevis Thelwall, who delivered the Five Hundred
Pounds to the Lord Chancellor.
He received from Edward Egerton, in the said Cause,
Four Hundred Pounds; proved by the Depositions of
Sir Richard Yonge, Knight.
Sir George Hastings, Knight.
Rolphe Merefeild.
Tristram Woodward.
2. In the Cause between Hody and Hody, he received
a Dozen of Buttons, of the Value of Fifty Pounds, a
Fortnight after the Cause was ended; proved by the
Depositions of
Sir Thomas Perient, Knight.
John Churchill, who speaks of a greater Value, by the
Report of Hody.
3. In the Cause between the Lady Wharton, and the
Coheirs of Sir Francis Willoughby, he received of the
Lady Wharton Three Hundred and Ten Pounds;
proved by the Depositions of
The Lady Wharton.
Richard Keeling.
Anthony Gardiner.
4. In Sir Thomas Muncke's Cause, he received from
Sir Thomas, by the Hands of Sir Henry Helmes, an
Hundred and Ten Pounds; but this was Three Quarters of a Year after the Suit; proved by the Deposition of Sir Henry Helmes.
5. In the Cause between Sir John Trevor and Ascue,
he received, on the Part of Sir John Trevor, an Hundred
Pounds; proved by the Deposition of Richard Keeling.
6. In the Cause between Holman and Yong, he received of Yong an Hundred Pounds, after the Decree
made for him; proved by the Depositions of Richard
Keeling.
7. In the Cause between Fisher and Wrenham, the
Lord Chancellor, after the Decree passed, received
from Fisher a Suit of Hangings, worth an Hundred
and Sixty Pounds, and better, which Fisher gave by the
Advice of Mr. Shute; proved by the Deposition of
Sir Edward Fisher.
8. In the Cause between Kenneday and Vanlore, he
received from Kennedey a rich Cabinet, valued at Eight
Hundred Pounds; proved by the Deposition of James
Kennedey.
9. He borrowed of Vanlore a Thousand Pounds, upon
his own Bond, at one Time; and the like Sum at another Time, upon his Lordship's own Bill, subscribed
by Mr. Hunt, his Man; proved by the Depositions of
Peter Vanlore.
20. He received of Richard Scott Two Hundred
Pounds after his Cause was ended; but, upon a precedent Promise, all which was transacted by Mr. Shute;
proved by the Deposition of Richard Scott.
He received, in the same Cause, on Sir John Lenthall's
Part, a Hundred Pounds; proved by the Deposition of
Edward Shereborne.
11. He received of Mr. Wroth a Hundred Pounds,
in Respect of the Cause between him and Sir Arthur
Mainewaring; proved by the Depositions of
John Churchill.
John Hunt.
12. He received of Sir Ralph Hansby, having a
Cause depending before him, Five Hundred Pounds;
proved by the Depositions of Sir Ralph Hansby.
13. William Counton, being to have an Extent for a
Debt of Twelve Hundred Pounds, the Lord Chancellor staid it, and wrote his Letter, upon which Part of
the Debt was paid presently, and Part at a future Day;
the Lord Chancellor hereupon sends to borrow Five
Hundred Pounds; and, because Counton was to pay to
one Huxley Four Hundred Pounds, his Lordship requires Huxley to forbear it for Six Months, and thereupon
obtains the Money from Counton. The Money being
unpaid, Suit grows between Huxley and Counton in
Chancery, where his Lordship decrees Counton to pay
Huxley the Debt, with Damages and Costs, where it was
in his own Hands; proved by the Depositions of William
Counton.
14. In the Cause between Sir William Bronker and
Awbrey, the Lord Chancellor received from Awbrey an
Hundred Pounds; proved by the Depositions of
Christopher Awbrey.
Sir George Hastings; and the Letters to the Lord
Chancellor from Awbrey.
15. In the Lord Mountague's Cause, he received from
the Lord Mountague Six or Seven Hundred Pounds,
and more was to be paid at the Ending of the Cause;
proved by the Depositions of Bevis Thelwall.
16. In the Cause of Mr. Dunch, he received from
Mr. Dunch Two Hundred Pounds; proved by the Depositions of Bevis Thelwall.
17. In the Cause between Reynell and Peacock, the
Lord Chancellor received from Reynell Two Hundred
Pounds, and a Diamond Ring worth Five or Six Hundred Pounds; proved by the Depositions of
John Hunt.
Sir George Reynell.
He took of Peacock an Hundred Pounds, and borrowed a Thousand Pounds, without Security, Interest,
or Time of Re-payment; proved by the Depositions of
William Peacock.
James Rolf.
18. In the Cause between Smithwick and Wych, he
received from Smithwick Two Hundred Pounds, which
was repaid; proved by the Depositions of John Hunt.
19. In the Cause of Sir Henry Russwell, he received
Money from Russwell; but it is not certain how much;
proved by the Depositions of John Hunt.
20. In the Cause of Mr. Barker, the Lord Chancellor received from Barker Seven Hundred Pounds;
proved by the Depositions of
Robert Barker, and
Edward Shereburne.
21. There being a Reference from His Majesty to
his Lordship of a Business between the Grocers and
Apothecaries of London, he received of the Grocers
Two Hundred Pounds; proved by the Depositions of
Sir Thomas Midleton.
Alderman Johnson.
John Bunbury.
He received in the same Cause of the Apothecaries,
that stood with the Grocers, a Taster of Gold, worth
between Forty or Fifty Pounds, together with a Present
of Ambergrease; proved by the Depositions of
Sir Thomas Midleton.
Samuell Jones.
He received of the New Company of Apothecaries,
that stood against the Grocers, an Hundred Pounds;
proved by the Depositions of
John Kellet.
Gabriell Sheriff.
22. He took of the French Merchants a Thousand
Pounds, to constrain the Vintners of London to take from
them Fifteen Hundred Tuns of Wine; proved by the
Depositions of
Robert Bell.
William Spright.
Richard Peacock.
To accomplish which, he used very indirect Means,
by Colour of his Office and Authority, without Bill or
Suit depending; terrifying the Vintners, by Threats
and Imprisonments of their Persons, to buy Wines,
whereof they had no Need nor Use, at higher Rates
than they were vendible; proved by the Depositions of
John Child.
Henry Ashton.
Thomas Haselote.
Raphe Moore.
Thomas Knight.
His own Letters and Orders.
23. The Lord Chancellor hath given Way to great
Exactions by his Servants, both in respect of Private
Seals, and likewise for sealing of Injunctions, and otherwise; proved by the Depositions of
Thomas Manwood.
Richard Keeling.
Adjourn.
Dominus Capitalis Justiciarius, Locum tenens Domini
Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 25I
diem instantis Aprilis, hora 2a post meridiem, Dominis
sic decernentibus.