Journal of the House of Lords: Volume 3, 1620-1628. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, videlicet, 2 die Maii, post meridiem,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
p. Carolus Princeps Walliæ, etc.
Commission to Chief Justice to be Speaker.
THE Lords being come, the Clerk read a new Commission to the Lord Chief Justice, in hæc verba:
James, by the Grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To Our Trusty and Well-beloved Sir James Ley, Knight, and Baronet, Chief Justice of the Pleas before Us to be holden, assigned, Greeting.
"Know ye, that We, trusting in your approved Fidelity, Wisdom, and Discretion, and to the End the Place and Room usually supplied by the Lord Chancellor, or Lord Keeper of the Great Seal of England, in the Upper House of Parliament, may be in all Things executed as appertaineth, in the said House, this present Parliament now holden at Westm. amongst the Lords Spiritual and Temporal there assembled, as to the Office of the said Lord Chancellor, or the Lord Keeper, hath been accustomed; We have named and appointed, and, by these Presents, do constitute, name, and authorize you, from Day to Day, and from Time to Time, hereafter, during Our Pleasure, to use, occupy, and supply the said Room and Place, of the said Lord Chancellor, or Lord Keeper, in Our said Upper House of Parliament, amongst the said Lords Spiritual and Temporal there assembled; and then and there to do and execute all such Things as the Lord Chancellor, or Lord Keeper of the Great Seal, should or might do, if he were there personally present, using and supplying the same Room: Wherefore, We will and command you, the said Sir James Ley, to attend and execute the Premises with Effect. And these Our Letters Patents shall be your sufficient Warrant and Discharge for the same, in every Behalf. In Witness whereof, We have caused these Our Letters to be made Patents. Witness Ourself, at Westm. the First Day of May, in the Nineteenth Year of Our Reign of England, France, and Ireland, and of Scotland the Four and Fiftieth.
"Per ipsum Regem, propria manu signatæ,
The Commission being read, the Lord Chief Justice went to the Speaker's Place; and then Prayers were said.
The Lord Treasurer shewed, That His Majesty's Pleasure is, that he deliver unto the Lords a Message of a double Nature: 1. Of an Account what is done. 2. A Signification what is to be done.
Great Seal sequester'd.
The First is, That the Prince his Highness presented their Lordships Suit to His Majesty, that He would be pleased, as the Case stood, to command the Seal from the Lord Chancellor. That Yesterday his Lordship, the Lord Steward, the Lord Chamberlain, and the Earl of Arundell, at the King's Command, went to the Lord Chancellor, and received from him the Great Seal, and delivered the same unto His Majesty; who, by Commission, hath committed the same to the keeping of them, the Lord Treasurer, Lord Steward, Lord Chamberlain, and the Earl of Arundell.
Sir Henry Yelverton.
The Second is, His Majesty commanded him to signify unto their Lordships, That He understands that Sir Henry Yelverton, being called here before them the other Day as a Delinquent, answered not as a Delinquent, but as a Judge, or Accuser, of a Member of this House, the Lord of Buckingham. And whereas heretofore, in his first Speech here in this House, he touched the King's Honour, saying he suffered for the Patent of Inns (or to that Effect), he was so far from excusing or extenuating of that his Offence the last Day here, that he hath aggravated the same.
Wherefore, His Majesty's Pleasure is, that Himself will be the Judge of that which concerns His Majesty; for that which concerns the Lord of Buckingham, his Lordship hath besought His Majesty, that that might be left to the House; and so His Majesty leaves that wholly unto their Lordships.
This Message being delivered, the Lords conceived that the King would not have taken the Judgment of Sir Henry Yelverton, as touching His Majesty's Honour, out of their Hands; but that His Majesty was informed, that their Lordships had referred it back unto Him.
Wherefore it was moved, That the House be humble Suitors unto His Majesty, That, whereas it once pleased Him to make this House judge of those Words here formerly spoken by Sir Henry Yelverton, which touched His Majesty's Honour, that His Majesty be pleased not to resume this out of their Hands, but give their Lordships leave to continue Judge thereof.
And, to the End it might be the more freely discussed and determined, whether their Lordships shall make such their humble Suit or no unto His Majesty, and in what Manner His Majesty shall be moved therein, the House was adjourned ad libitum.
Committee to attend the King with a Message.
The House being resumed, it was Agreed, That a Committee of the whole House attend His Majesty, at such Time as His Majesty shall be pleased to admit them; and that the Lord Archbishop of Canterburie his Grace, in the Name of the whole House, present His Majesty with this Message: videlicet,
Sir Henry Yelverton.
"Whereas it pleased Your Majesty, in a late Speech of Your Majesty's in this House, to require us to do You Justice upon Sir Henry Yelverton, in a Matter concerning Your own Honour; since which Time, some Words have been used by Sir Henry Yelverton in this House, which Your Majesty conceived rather to aggravate than extenuate his Fault: Whereupon Your Majesty did this Day signify, by the Lord Treasurer, that of what concerns Your Honour Yourself would be the Judge. The Lords, knowing Your Majesty's Tenderness of the Privileges of this House, and their own Zeal unto Your Majesty's Honour, do humbly beseech Your Majesty to continue Your Majesty's Resolution; otherwise this Alteration may strike some Fear into us, that we are not held so tender and zealous of our dutiful Affections, in point of Your Majesty's Honour, as we desire You should think us to be, and are most ready to yield due Proof thereof."
This Message was delivered unto the Lord Archbishop of Cant. his Grace, in Writing.
Gent. Usher and Serjeant at Arms to summon Lord Chancellor to Judgment.
Agreed, To proceed to sentence the Lord Chancellor To-morrow Morning; wherefore the Gentleman Usher and the Serjeant at Arms, Attendants on this House, were commanded to go and summon him the Lord Chancellor to appear here in Person To-morrow Morning, by Nine of the Clock; and the Serjeant was commanded to take his Mace with him, and to shew it unto his Lordship at the said Summons.
Sir John Bennett.
The Names of the Lords Committees to take Examinations in the Cause of Sir John Bennett, Knight: videlicet.
Mr. Justice Chamberlaine,
Mr. Justice Winch,
Mr. Serjeant Crewe,
Mr. Attorney General,
|To attend the Lords.|
Continuatum usque diem Jovis, tertium Maii.