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 Lunæ, videlicet, 14 die Maii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
Carolus Princeps Walliæ, etc.
Anstruther, &c. take the Oaths of Supremacy, &c.
SIR William Anstrother, Knt.
Sir George Abercronne, Knt.
Patrick Abercronne, Esq.
Walter Balcanquall, Batchelor of Divinity,
|Having exhibited their Bill of Naturalization, did take Oaths of Supremacy and Allegiance, juxta formam Statuti.|
The Petition of Mathias Fowles, to be bailed, was read; and Ordered, That he be brought To-morrow in the Afternoon; and, if the Court shall approve of his Bail, then to be bailed here in open Court.
Hodie 3a vice lecta est Billa, An Act for the Naturalizing of John Yonge, Doctor of Divinity, and Dean of Winchester; and, being put to the Question, it was Assented unto, and sent down to the Commons.
Writ of Error brought in by the Chief Justice.
The Lord Chief Justice (first propounding it to the House) did rise from his Place, and brought in the Record of the Judgement given in The King's Bench, in the Cause of Nicholas Stafford, who now hath brought in his Writ of Error; and made Three Obeisances before he came to the Bar; and then, after Three Obeisances more, he laid it on the Lord Chancellor's Wool-fack: The Clerk received the Record, and the Transcript, and brought it to his Table.
The Lord Treasurer delivered a Petition, which Sir Henry Yelverton exhibited to His Majesty; with His Majesty's Pleasure, that it be read in the House; and the same was read accordingly.
Sir Henry Yelverton lately sentenced in the Star chamber.
Sir Henrie Yelverton, in Michaelmas Term last, was sentenced in the Star-chamber, for Breach of Trust, in the unwarrantable passing of a Charter to the City of London, tending to the Disherison of His Majesty, both in Matter of Kingly Power and High Prerogative, and also in Matter of Revenue and Profit of the Crown, and also to the Oppression and Grievance of the Subject, by raising excessive Fees and Exactions.
The Sentence consisted of these Parts:
1. Imprisonment in The Tower.
2. A Fine of Four Thousand Pounds.
3. A Declaration of Disability and Unfitness to hold the Place of Attorney.
Under this Sentence, Sir Henrie Yelverton suffereth at this Day, for he is a Prisoner in The Tower, removed from the Place of Attorney, and the Fine is leviable upon him at His Majesty's Pleasure.
18th of April last, he was brought to the Bar in Parliament; and being there charged (inter alia) with some Miscarriage touching the Patent of Inns, he said, " (fn. 1) If he ever deserved well of His Majesty, it was in that;" adding, "That the King and Subject were more abused by that Patent than by any other; and that he suffers at this Day for that Patent, as he takes it."
30 April, he was again brought to the Bar; and, in his Speech, uttered as followeth:
Sir Henry Yelverton's Speech.
"I cannot but present myself this Day before your Highness and my Lords with much Fear, with more Grief; for I am compassed with so many Terrors from His Majesty as I might well hide my Head with Adam. His Lordship's Displeasure wounds me more than the Conscience of any these Facts; yet had I rather die, than the Commonwealth should receive so much as a Scratch from me.
"I, that in none of my Actions feared the great Man, on whom they (by Sir Edward Villiers and Sir Gyles Momposson) did depend, much less would I fear them, (fn. 2) who were but his Shadows; but, my most Noble Lords, knowing that my Lord of Buck. was ever at His Majesty's Hand, ready, upon every Occasion, to hew me down, out of the honest Fear of a Servant not to offend so gracious a Master as His Majesty hath ever been to me, I did commit them, videlicet, the Silkmen."
And, speaking concerning the Patent of Inns, he said, "I cannot herein but bemoan my Unhappiness, that, in the last Cause, labouring by all lawful Means to advance the honest Profit of His Majesty, and in this (with the Sight almost of my own Ruin) to preserve His Majesty's Honour and the Quiet of the People, I am yet drawn in Question, as if I had equally dishonoured His Majesty in both.
"When Sir Gyles saw, I would not be wooed to offend His Majesty in His Direction, I received a Message from Mr. Emerson, sent me by Sir Gyles, That I would run myself upon the Rocks; and that I should not hold my Place long, if I did thus withstand the Patent of Inns, or to this Effect: Soon after came Sir Gyles himself, and, like an Herald at Arms, told me to this Effect: He had this Message to tell me from my Lord of Buck. That I should not hold my Place a Month, if I did not conform myself in better Measure to the Patent of Inns; for my Lord had obtained it by his Favour, and would maintain it by his Power.
"How could I but startle at this Message? For I saw here was a great assuming of Power to himself, to place and displace an Officer. I saw myself cast upon Two main Rocks, either treacherously to forsake the Standing His Majesty had set me in, or else to endanger myself by a By-blow, and so hazard my Fortune.
"I humbly beseech your Lordships, to think Nature will struggle, when she fees her Place and Means of Living thus assaulted: for now it was come to this; whether I would obey His Majesty, or my Lord, if Sir Gyles spake true: Yet I resolved, in this, to be as stubborn as Mordecay; not to stoop, or pass those gracious Bounds His Majesty had prescribed me.
"Soon after, I found the Message in Part made good; for all the Profits almost of my Place were diverted from me, and turned into an unusual Channel, to one of my Lord's Worthies, that I retained little more than the Name of Attorney.
"It became so fatal, and so penal, that it became almost the Loss of a Suit to come to me; my Place was but as the Seat of Winds and Tempests.
"Howbeit I dare say, if my Lord of Buck. had but read the Articles exhibited in this Place against Hugh Spencer, and had known the Danger of placing and displacing Officers about a King, he would not have pursued me with such Bitterness.
"But my opposing my Lord in this Patent of Inns, in the Patent of Alehouses, in the Irish Customs, in Sir Robert Naunton's Deputation of his Place in the Court of Wards:
These have been my Overthrow; and for these I suffer at this Day, in my Estate and Fortune, not meaning to say as I take it, but as I know, for my humble Opposition to his Lordship, above Twenty Thousand Pounds.
I suffer in my Estate by my Lord of Buck's Means; knowing well, that I suffer in my Restraint justly, for my Offence.
"My Heart tells me, I was faithful to him; I sought no Riches but his Grace."
Charged with Scandal against His Majesty, and reflecting on the Marquis of Buckingham.
Which being read, and Sir Henry Yelverton brought to the Bar, Mr. Serjeant Crowe and Mr. Attorney General opened the Charge against him; and shewed, that those Speeches of his did directly point at the Lord Marquis of Buck. and by Consequence fastened a Scandal on His Majesty.
And Sir Henrie Yelverton (having Leave) explained himself touching the said Speeches, and did make his Defence unto the same Charge, which was very long. Then he was withdrawn; and Ordered, That he should be brought again To-morrow in the Afternoon, and at that Time to be proceeded against.
Message from House of Commons, concerning Floud.
Message from the Commons, by Sir Edward Coke and others:
That, at a Conference between a Sub-Committee of both Houses, touching the Sentence in the House of Commons against Edward Floud, it pleased the Lords Sub-Committees of this House to retire themselves, and to bring back with them a Writing, containing a Protestation to be entered, by Consent of the House of Commons; with this, That they could not approve thereof until it were agreed upon by this House. The Knights, Citizens, and Burgesses of the House of Commons, humbly desire to know whether the same be approved of here and corroborated, or no.
The Lords, having first consulted among themselves, Answered,
"The Lords have approved, and they do approve and corroborate, the same Protestation." (V. 12 Maii.)
The Clerk delivered them a Copy under his Hand.
Memorandum, That the Lords Agreed, That their Assenting unto this Protestation of the Commons, and Delivery of a Copy thereof to be entered with the Commons, should not conclude their Lordships from proceeding to censure the said Edward Floud.
Lord Steward's Privilege. Nonne discharged.
According to the Order of the 12th of this May, John Nonne, Servant to the Lord Steward, was this Day brought before the Lords, by Sir George Reynell, Knight, Marshal of The Marshalsea; by virtue of a Writ of Habeas corpus cum causa, returnable this Day; and the said John Nonne, by Order of the Court, was discharged out of his Imprisonment in The King's Bench; and that Sir George Reynell be not dampnified for the same.
Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 15m diem instantis Maii, hora 2a post meridiem, Dominis sic decernentibus.