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, 16 die Maii,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes suerunt:
p. Carolus Princeps Walliæ, etc.
Sir John Bennet.
JURATI in causa Johannis Bennett, Militis:
Thomas Whorewood, Esq.
Sir Edward Scory, Knt.
Earl of Mountgomery's Privilege. Reymes's Arrest.
John Somwell, who arrested Reymes, Servant to the Earl of Mountgomery, was this Day brought to the Bar, and committed to The Fleet, for his Contempt.
Free Trade in Welsh Cloths, &c.
Hodie 3a vice lecta est Billa (auecque le Proviso annex.), An Act for the free Trade and Traffick of Welsh Cloths, Cottons, Frizes, Linens, and Plains, in and through the Kingdom of England and Dominion of Wales; and, being put to the Question, was Assented unto.
Cursing and Swearing.
Hodie 3a vice lecta est Billa (auecque le Proviso annex.), An Act to prevent prophane Cursing and Swearing; and, being put to the Question, was Assented unto.
These Two Bills were sent back to the House of Commons, by Mr. Serjeant Hitcham, Sir William Bird.
Message from the Commons.
Message from the House of Commons, by Sir Edward Coke and others:
That, where they received from the Lords a Copy of a Protestation, which concerned the accommodating of the Business of that wicked and wretched Man Floud; they do approve it in all Things, without Addition or Alteration.
Sir Henry Yelverton.
Whereas, on the Fourteenth Day of this May, being present at the Bar, was charged by Sir Randolph Crewe, Knight, one of His Majesty's Serjeants at Law, and Sir Thomas Coventrie, Knight, His Majesty's Attorney General, That whereas the said Sir Henrie Yelverton, Knight, in the Term of St. Michaell last past, for Breach of Trust and Misdemeanour by him committed while he was Attorney General to His Majesty, videlicet, for drawing (without Warrant) a Charter unto the City of London, tending as well to His Majesty's Disherior, as to the Grievance and Oppression of the Subject, was sentenced, by the Court of Star-chamber, to be a Person unfit to exercise or hold the Office of Attorney General, and was further adjudged to be imprisoned in The Tower of London, and to pay a Fine of Four Thousand Pounds to His Majesty, the said Sir Hen. Yel. being, by Force of the said Sentence, imprisoned in The Tower, and still liable to pay the said Fine, was, upon the Eighteenth Day of April last past, brought to the Bar of this High Court, and charged, upon the Complaint of the Commons, with some Miscarriage concerning Two Patents, the one for the making of Gold and Silver Thread, the other for the licensing of Inns and Hosteries; and being required to make Answer thereunto, as touching the Patent of Inns and Hosteries, he said, That, if he deserved well of His Majesty, (fn. 1) it was in that Matter; and that the King and Subject were more abused by that Patent than by any other; and that he suffered at that Day for opposing that Patent, as he took it. And, having the Favour of this High Court to be advised of his Answer until the Thirtieth of the same Month of April, and coming then again to the Bar, the said Sir Hen. Yel. made a long and large Answer to the Particulars of his Charge, as touching those Patents; and, in that his Answer, uttered divers Speeches, by which he attributed all the Effects of that Sentence, videlicet, his Sufferings, his Hindrances, which he escorned to the Value of Twenty Thousand Pounds, his Ruin, his Overthrow, unto his Opposition against that Patent of Inns and Hosteries, to the great Scandal of His Majesty, in Point of Honour and Justice; and, in the same his Answer, the said Sir Hen. Yelverton uttered sundry other Words of Scandal, which, though directly and immediately they pointed at the Lord Marquis of Buck. Lord High Admiral of England, charging his Lordship with Matter of Opposition against the said Sir Hen. Yelverton, to his Hindrance, Ruin, and Overthrow; yet, by a Consequence, the same Words reached to His Majesty, and fastened a Scandal upon His Highness, in tolerating and giving Way to those Courses, supposed by the said Sir Hen. Yel. to be injuriously wrought by the said Lord Marquis, glancing, and in a sort resembling them, to the Actions of Hugh Spencer, and comparing himself to Mordeebey; and, after the said Charge fully opened and pressed by His Majesty's said Counsel Learned, this Honourable Court, having the Defence and Extenuations of the said Sir Henrie Yelverton to the same; but, the Day being far spent, their Lordships did forbear to proceed to any Sentence or Judgement at that Time. And afterwards the Lords Spiritual and Temporal, upon the 15th of May, after long and serious Deliberation and Conference, and upon due weighing of the Speeches and Words spoken before their Lordships in this High Court of Parliament, did, with one Assent, no Man disagreeing, Resolve, That the said Sir Hen. Yel. was worthy to be censured by this Court, for Words spoken by him in this House, which did touch the King in Honour; and did then also Agree what Censure to pass upon him for the same; but, the Day being far spent, they proceeded not to Judgement at that Time, but Ordered the said Sir Henrie Yelverton to be brought to the Bar this Day, to hear the same; who being this Day at the Bar, and the Lords being in their Robas, the Lord Chief Justice pronounced the Judgement, in bæc verba: videlicet,
Sir Henry Yelverton's with Judgement.
"The Lords Spiritual and Temporal of this High Court of Parliament do Award and Adjudge:
"1. That he, the said Sir Henrie Yelverton, for his Speeches uttered here in this Court, which do touch the King's Majesty in Honour, shall be fined unto the King's Majesty at Ten Thousand Merks.
"2. That he shall be imprisoned in The Tower, during the King's Pleasure.
"3. That he shall make such Acknowledgment of his Fault, and such Submission to His Majesty, as shall be prescribed unto him by this Court; the same to be made here, at the Bar, either in the King's Presence, or in His Absence, at the King's Pleasure."
This Judgement being pronounced against the said Sir Henrie Yelverton, for the said Speeches which touched His Majesty in Honour, and the Prisoner being withdrawn; the Lords took into their Consideration that the said Words, and many others spoken here in this House, at the same Time, by the said Sir Henrie Yelverton, did directly tend to the Scandal of the Marquis of Buck. Lord High Admiral of England; and therefore, by their Lordships Appointment, the said Sir Henrie Yelverton was called in again, and brought to the Bar, and was charged with the same scandalous Speeches, by the said King's Serjeant and Attorney General; and whereas the greatest Matter of Averment, on his Part, did depend on a Message, which he the said Sir Henrie Yelverton affirmed was delivered him by Mr. Thomas Emerson from Gyles Mompesson, the Deposition of the said Mr. Emerson (taken here in Court the Eighth Day of this May) was read by the Clerk, wherein the said Thomas Emerson did, upon his (fn. 2) Oath, absolutely deny the said Message: and the said Sir Henry Yelverton having Leave to speak for himself, and being heard without Interruption, he did not give the House any good Satisfaction for the scandalous Speeches here by him uttered against the said Lord Marquis of Buck. Wherefore (he being withdrawn from the Bar, and the said Marquis also withdrawing himself out of the Parliament Presence) the Lords Spiritual and Temporal having long debated the Matter, their Lordships did Resolve, That the said Sir Henry Yelverton was worthy to be censured, for false and scandalous Words spoken by him in this House, against the said Lord Marquis; and being fully Agreed on their Censure for the same, the Lord Marquis of Buckingham was called in; and, the Prisoner being brought to the Bar, the Lord Chief Justice pronounced the Judgement against him, in bæc verba: videlicet,
Sir Henry Yelverton's second Judgement.
"The Lords Spiritual and Temporal of this High Court of Parliament do Adjudge and Award:
"1. That Sir Henry Yelverton, Knight, for his false and scandalous Words, uttered in this High Court of Parliament, against the Lord Marquis of Buckingham, Lord High Admiral of England, shall pay Five Thousand Merks unto the said Marquis.
"2. That he shall be imprisoned.
"3. That he shall make such Submission in this Court to the said Lord Marquis, as this Court shall prescribe."
This Judgement being given, it pleased the Lord Marquis of Buck. freely to remit unto the said Sir Henry Yelverton the said Five Thousand Merks; for which the said Sir Henry Yelverton humbly thanked his Lordship.
The Lord Archbishop of Canterbury his Grace moved, That the ignominious Speeches, complained of to be spoken by Edward Floud, might be examined.
Whereupon the Examination thereof was committed unto the
L. Archbp. of Cant.
E. of Southampton.
E. of Dorsett.
L. Bp. of Bangor.
To meet To-morrow Morning, near the Parliament Presence.
Message from the Commons. Bishop of Landaff accused.
Message from the Commons:
That it would please the Lords to call to their Remembrance the Complaint against the Lord Bishop of Landaffe, for an Offence proved to the House of Commons by the Testimony of Randolph Damporte, and divers Witnesses; wherefore the Commons demand Judgement against him for the same.
The Lords have been busied with many Matters of great Importance; but the Commons shall shortly hear from them touching the said Complaint.
Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem craftinum, videlicet, 17m instantis Maii, hora 9a, Dominis sic decernentibus.