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 Martis, videlicet, 8 die Maii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
Carolus Princeps Walliæ, etc.
Witnesses in Bennett's Case.
JURATI in causa Johannis Bennett, Militis:
Lords Leave to be absent.
L. Bp. of Chester,
E. of Sussex, for Two or Three Days,
E. of Holdernesse,
|Have Leave to be absent.|
Errors how to be managed.
The Lord Chief Justice signified unto the Lords, That he received a Writ of Error (as he is Chief Justice) to reverse in Parliament a Judgment given in the King's Bench. The Order is, That the Lord Chief Justice of that Bench do bring in the Record. He moved, Whether it be the Pleasure of the House, that he arise, and fetch the Record (which is at the Door); or that one of his Brethren the Judges do fetch it, and bring it.
It was Ordered, That the Lords Sub-committees of the Orders and Customs of the House do consider of it, and set down the Form for the bringing in of the said Record by Saturday Morning.
The Clerk delivered a Copy of this Order unto the Earl of Huntingdon, first of that Sub-committee.
The Prince and Watson.
Hodie 1a vice lecta est Billa, An Act of Exchange of Land between the Prince and Sir Lewis Watson, Knight.
Grants by Collegiate Churches to Queen Elizabeth.
Hodie 2a vice lecta est Billa, An Act for the making good of Grants made by Collegiate Churches and Corporations to the late Queen Elizabeth, after the Second Day of April, in the Thirteenth Year, and before the Eighth Day of February, in the Twenty-fifth Year of Her late Majesty's Reign. And committed unto the
The Lord Chief Baron,
Mr. Justice Dodridge,
Mr. Justice Chamberlaine,
Mr. Serjeant Crewe,
Mr. Attorney General,
|To attend the Lords.|
To meet in the Painted Chamber, on Friday next, the Eleventh of this May, at Two in the Afternoon.
The Petition of Sir Ralph Hansby, Knight, touching Copies of his Examination taken here in causa Domini Cancellarii, desired by his Adversaries, contrary to the Order of this House, dated 23 March, 1620.
Ordered, The Lords Sub-committees to consider of the said former Order; and to add unto it, if they see Cause.
King leaves Judgment of Sir Benty Yelverton to the Lords.
The Lord Chamberlain declared, That the King's Majesty commanded his Lordship to signify unto the Lords, in Addition of what was delivered unto them Yesterday by the Lord Archbishop of Cant. That, although nothing is so dear unto Him a His Honour, yet as before, so He doth now put into their Lordships Hands the Cause of Sir Henry Yelverton, not mistrusting their Affections unto Him, nor their Judgements.
Sir H. Yelverton.
Whereas it was Ordered Yesterday, That Thomas Emerson be examined, touching the Message which he brought Sir Hen. Yel. from Mompesson; Mr. Attorney read the Message, which Sir H. Y. alledged in his Speech here the Thirtieth of April; videlicet, That Sir H. Y. was not to keep his Place (of the King's Attorney General) long, if he withstood the Proceedings of the Writs of Quo Warranto for the Inns: The said Thomas Emerson was this Day called in, and, being examined, said:
Tho. Emerson cont. Sir Henry Yelverton.
"I never delivered any Message unto Sir Hen. Yelverton from Gyles Mompesson; but I delivered him some Speech, by way of Advertisement (not by way of a Message), which past from Mompesson to me concerning him, which, I confess, Mompesson imparted to me, as a Message to be delivered unto Sir Hen. Yel. videlicet, Mompesson told me to this Effect: There is a Business concerns Sir Edward Villiers, of the Mint-master's Place in The Tower; one pretends a former Grant: the rest of the King's Counsel had or would deliver their Opinion, That the Former Grant is void in Law, and the Party unsit to execute the Place; only Mr. Attorney opposeth; but, if he takes these Courses, and refuseth to concur with the rest of the King's Counsel, to certify his Opinion in Things that are honest, convenient, and agreeable to Law, he must not think to be Attorney a Month to an End; and tell him so. But I answered, You will not have me tell him so. Yes (quoth Mompesson) I pray tell him so; and, after Supper, I took him aside, and asked him whether he would have me deliver that Message to Sir Henrie Yelverton or no. He answered, Yes, by any Means, if you love him.
"When I imparted this unto Sir Henrie Yelverton, he answered me, This cannot be true, for I never was in better Terms with my Lord of Buck. than now; and Sir Edward Villiers is one of the best Friends I have, and this Suit I commended to him by the Means of one Palmer.
"Sir Henry Yelverton, either by Word or Writing, acquaints Sir Edward Villiers with this, as I heard; and Sir Edward Villiers was discontented with Mompesson for it: whereupon Mompesson came to me, to know, whether I had been with Mr. Attorney, and wished I had not imparted this Message unto him; and told me, that Sir Edward Villiers was much discontented with him for it. He began to wave it at the first; but afterwards yielded, that he willed me to tell Mr. Attorney of it; and afterwards Mompesson went with me to Sir Henrie Yelverton, and acknowledged the Speeches which were delivered by me; and they seemed to be well satisfied the one with the other, and departed Friends, for ought I could perceive; since which Time I never spake with Sir Henry Yelverton, but upon one Business; and I never had any Speech with him touching the Patent of Inns, nor the Granting of any Quo Warranto; neither had this Message any Relation to the Patent of Inns, or Quo Warranto; neither did I ever hear of any Message to him, touching the Lord of Buckingham."
This was read unto him, and he did acknowledge it to be true, and affirmed it upon his Oath.
For that His Majesty conceives that Sir Hen. Yelverton hath, by his second Speeches, aggravated the former, the Lords directed Mr. Attorney General to open unto the House as well the first as the second.
And Mr. Attorney, coming to the Clerk's Table, read:
1. Part of the Copies of the first Charge upon Sir Henrie Yelverton, and his Notes for Answer, written in the Margin thereof by him.
2. The Notes written by Sir Henrie Yelverton of his second Speech.
3. Thirdly, the Speech abstracted by Sir Henrie Yelverton 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 Henrie Yelverton at this Time; but to take another Day, to consider upon what Point of those Speeches to think him worthy of Censure.
Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in horam 3m hujus diei in pomeridiano, Dominis sic decernentibus.
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
p. Carolus Princeps Walliæ, etc.
THE House being to meet the Commons at a Reconference this Afternoon, touching the Matter of Judicature, wherein the Lords conceived the Commons had trenched into the Privileges of this House, and wherein the Lords were not satisfied with the Precedents alledged by the Commons at the former Conference in their Defence thereof, and yet desirous to continue that good Respect and Correspondency, which hath been all this Parliament between both the Houses; they remembered the Order made Yesterday, videlicet, if the Commons at this Re-conference do not desire a Sub-committee to accommodate this Business, then the Lords to propound the same.
And it was Agreed, That the Lord Archbishop of Cant. shall begin the Introduction at this Conference; and that any Thing be propounded that may tend to a gentle Ending of the same. And, if they shall agree to have a Sub-committee to accommodate this Business, then these Lords were named to be the said Sub-committee: videlicet,
L. Archbp. of Cant.
E. of Arundell.
E. of South'ton.
L. Bp. of Winton.
L. Bp. of Co. and Liech.
Before the Committee (which consisted of the whole House) went into the Painted Chamber, to the said Reconference, the House was adjourned ad libitum.
At the Return from the Conference, it was re-assumed again.
The Lord Archbishop of Cant. reported, That, at the said Conference, the Committee of the Commons propounded a Sub-committee, if the Lords shall be thereof; and they be returned to their House, to have Power to desire it.
In the mean Time, the Lords debated, what Power, or Limitation, shall be given to the Sub-committee; and, that it might be the more freely discussed, the House was adjourned ad libitum.
And being resumed again;
That the Commons trench not upon the Judicature of the H. of Peers.
It was Agreed, The Sub-committee of this House to be limited thus far; videlicet, not to yield to any thing that this (Judicature) which they the Commons have done, may, in Times to come, be a Precedent, to wrong the Privileges of this House.
Message from the Commons.
Message from the House of Commons:
That the Knights, Citizens, and Burgesses of the House of Commons, take Knowledge of the Noble Proceedings of this House with them, and desire to continue it with all due Respects; and, therefore, they desire their Lordships to proceed by way of accommodating the Business between them. They will meet their Lordships, with a Sub-committee of the Lords, at such Time and Place, as their Lordships shall appoint.
The Lords have appointed their Number to be Sixteen, the Place the Painted Chamber, the Time on Friday next the Eleventh of this May, Two in the Afternoon.
Agreed, To proceed in the Business touching Sir Henrie Yelverton on Saturday Morning next.
Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem crastinum, hora nona, Dominis sic decernentibus.