House of Commons Journal Volume 1: 13 December 1621

Pages 662-663

Journal of the House of Commons: Volume 1, 1547-1629. Originally published by His Majesty's Stationery Office, London, 1802.

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Page 662
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Jovis, 13o Decembris

Privilege - Prosecution of a Member.

Mr. Hackwill reporteth from the Committee, concerning Lepton and Goldsmylh; and for an Answer to be returned to his Majesty's Message for it. - That, by Warrant of this House, they new examined Mr. Goldsmyth. That he, examined about some special Questions, faltered, and would hardly answer ; yet, pressed, confessed, that, a little before Easter last, after the Proceedings in this House against their Patents, -

That he found Lepton full of Discontent against my Lord Cooke, for his boisterous Dealing with him: Delivered him certain Articles, before framed by him, against Sir Ed. Coke: But denied, he did it in Revenge of any thing Sir Ed. Coke had done against him about the Patent. -

That Farrington, examined, confessed all true, which Sir Ro. Phillippes had before reported in this House, and that Lepton discovered to him much Discontent against Sir Edw. Coke, ut supra, -

That the Committee resolved, this, in both, an Offence against this House; and have resolved upon an Answer : Which tendereth to the House; and was twice read by the Clerk.

Mr. Hackwill mentioneth Two Letters, written to him by Goldsmyth: The first, in Course of Justification; the second, of Submission and Acknowledgment. Both which read in the House by the Clerk.

This read by Parts; and the first, upon Question, agreed; Question being made, concerning Sir Edw. Coke his Stay in the House (who, offering to go out, was required to stay) Resolved, That this Cause now concerning not Sir Edw. Coke so much, as the House, he might stay, until they came to be censured.

Doubt being made, what Proof, that Goldsmyth and Lepton prosecuted Sir Edw. Coke, in Revenge of the. Service Sir Edw. Coke had performed here about their Patent: - That the Fact proved the Intention. - Remembereth Sir Gilbert Cornewayle's Testimony. - Goldsmyth confesseth, Lepton discovered to him great Discontent against Sir Edw. Coke, for his rough handling him about his Patent. That Goldsmyth confesseth, that he, finding this Discontent in Lepton, then delivered him those Articles : So as res ipsa loquitur. - Presseth the Retraction of his first Letter, by his last; which amounteth to a Confession. - Hath dealt, in this last Letter, as a true Penitent. - Confession, by his imploring the Mercy of the House. - Lepton's flying the Judgment of this House, a great Argument of his Guiltiness.

Mr. Noy: - To set down here, what the Ground of our Judgment against Goldsmyth.

Sir D. Digges: - This only, to give Satisfaction to the King's Message: - And are not yet come to Judgment. - Sufficient Matter proved, to prove the Words, " of Malice," &c. contained in the Answer.

Mr. Towerson moveth, Goldsmythe's Petition may be read : Which was done accordingly.

Goldsmythe's Letter to Sir Edw. Coke read.

Mr. Crew: - These latter Letters to no Purpose for the Business in hand. - To look into Goldsmythe's, own Confession, and the Circumstances of the Acts done. - Lepton's Flight a Confession of the Fact, Sufficient Proof of Malice against him, and for Parliament Business.

Sir Francis Goodwyn: - That Farrington, viva voce, confessed sufficient Matter to prove Malice, even for Parliament Business, against Sir Edw. Coke.

Sir Ro. Phillippes: - That they only took Notes, both of Goldsmythe's and Farington's Examinations.

The Notes of Goldsmythe's Examination read by Sir Ro. Phillippes ; which fully proved Malice by Parliament Business. This confirmed by Farrington's Examination fully. - That Goldsmyth, presently after his Patent condemned, desired Mr. Shillito- -

Mr. Shillito: - That Mr. Goldsmyth hath, within Four Days, sent several times to speak with him; but he hath refused. That Goldsmyth came to his Chamber, telling him, he was directed to come to him, to inquire

of a Business concerning my Lord Cooke : That he was sent to him by a great Person,for those Instructions: for that my Lord Cooke carried a heavy Hand against that Lord. - And being, upon the Question, required to name that Lord, he named my Lord Verulam.

The second Part, upon the Question, allowed.

So the third : So the fourth, and fifth, and the last.

The whole being read over entirely ; -

Thanks to the King.

Mr. Treasurer to give his Majesty Thanks for the last Part of his Message; whereby he leaveth them to the House, for any Misbehaviour to the House, or any Member thereof.

Sir D. Digges: - Thinketh it well enough, if it had not been made; but now thinketh, fit to put it in.

Sir Wm. Hildyard: - That the Messenger that goeth, may give this Thanks by Word of Mouth.

Upon the Question, the whole Answer, as now read, allowed ; without One Negative.

Sir Ro. Phillippes: - That Mr. Secretary may convey this to his Majesty; and not send Messengers of purpose.

Mr. Mallory, contra: - To send Messengers.

Sir D. Digges agreeth with Sir Ro. Phillippes: - And, that Mr. Secretary may intimate the Thanks of the House.

Mr. Alford, contra:- - Not Decorum, to send it to the King so.

Mr. Beecher concordat with Sir Ro. Phillippes.

Sir Ro. Crane: - That this may stay, till his Majesty come.

Mr. Secretary, accordant: - That the King will be at Theobalds the Beginning of the next Week; then some may attend him.

Mr. Mallory, and Sir Tho. Hobby, standing up to speak;

Mr. Speaker put the Question, whether should be heard; and, by Voice, Sir Tho. Hobby was heard.

Mr. Pymme: - To haste the Sending of this Message, which we have hasted to perfect.

Sir Ro. Phillippes: - This must be first ingrossed. - To let the Resolution, of the Sending of this, till To-morrow Morning. - Resolved.

Sir Tho. Wentworth: - To receive, by Mr. Secretary, the King's last Message; and then to appoint a Time, to consider of it.

Resolved, To take Consideration hereof To-morrow Morning.