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, 30 die Aprilis,
Report of the Committee, who visited Sir Henry Yelverton in The Tower.
THE Earl of Dorsett made Report, That, according to the Appointment of the House on Saturday last, he, with the other Lords joined with him, went to The Tower, where they found Sir Henry Yelverton upon his Bed, much swoln about his Face with the Rheum; and their Lordships demanded wherefore his Excuse came no sooner on Saturday Morning, at which Time he was expected by the Lords, according to their former Order. He answered, that he acquainted the Lieutenant that Morning by Eight of the Clock, with such his Disability to come; and that his Answer is ready; and hopes to be able within these Two or Three Days to make his Appearance here at the Bar.
E. of Hertford's Writ.
"Whereas I received this Morning Your Lordships Order for a Writ of Summons of Parliament to the now Earl of Hertf. so it is, that, upon Thursday Night late, I received an absolute Commandment, under His Majesty's Royal Signature, to stay the Writ until I receive His Majesty's further Pleasure therein; with a Clause, warranting me to give Knowledge of this His Majesty's Commandment, if such a Writ were required.
The Lord Chief Justice also signified, That he had received from the Lord Chancellor a Paper Roll, sealed up, which was delivered to the Clerk; and being opened, and found directed to their Lordships, it was also read; which follows, in hæc verba:
Ld. Chancellor's Confession.
"Upon advised Consideration of the Charge, descending into my own Conscience, and calling my Memory to account so far as I am able; I do plainly and ingenuously confess, that I am guilty of Corruption; and do renounce all Defence, and put myself upon the Grace and Mercy of your Lordships.
1. To the First Article of the Charge; videlicet, in the Cause between Sir Rowland Egerton and Edward Egerton, the Lord Chancellor received Five Hundred Pounds on the Part of Sir Rowland Egerton, before he decreed the Cause:
"I do confess and declare, That, upon a Reference from His Majesty, of all Suits and Controversies between Sir Rowland Egerton and Mr. Edward Egerton, both Parties submitted themselves to my Award, by Recognizance reciprocal in Ten Thousand Merks a-piece. Thereupon, after divers Hearings, I made my Award, with Advice and Consent of my Lord Hobart. The Award was perfected and published to the Parties, which was in February; then, some Days after, the Five Hundred Pounds mentioned in the Charge was delivered unto me.
"Afterwards Mr. Edward Egerton fled off from the Award; then, in Midsummer Term following, a Suit was begun in Chancery, by Sir Rowland, to have the Award confirmed; and upon that Suit was the Decree made, which is mentioned in the Article.
"I confess and declare, That, soon after my first coming to the Seal (being a Time when I was presented by many), the Four Hundred Pounds mentioned in the Charge was delivered unto me in a Purse, and, I now call to Mind, from Mr. Edward Egerton; but, as far as I can remember, it was expressed by them that brought it, to be for Favours past, and not in respect to Favours to come.
"I confess and declare, That, as it is laid in the Charge, about a Fortnight after the Cause was ended (it being a Suit of a great Inheritance), there were Gold Buttons, about the Value of Fifty Pounds, as is mentioned in the Charge, presented unto me, as I remember, by Sir Thomas Perient and the Party himself.
"I confess and declare, That I received of the Lady Wharton, at Two several Times (as I remember) in Gold, Two Hundred Pounds and an Hundred Pieces; and this was certainly pendente lite; but yet I have a vehement Suspicion that there was some Shuffling between Mr. Shute and the Register, in entering some Orders, which afterwards I did distaste.
"5. To the Fifth Article of the Charge; videlicet, in Sir Thomas Moncke's Cause, he received from Sir Thomas Monk, by the Hands of Sir Henry Helmes, an Hundred and Ten Pounds; but this was Three Quarters of a Year after the Suit was ended:
"I confess and declare, That I received, at New-year's Tide, an Hundred Pounds from Sir John Treavor; and, because it came as a New Year's Gift, I neglected to enquire whether the Cause was ended or depending; but since I find, that, though the Cause was then dismissed to a Trial at Law, yet the Equity is reserved, so as it was in that kind, pendente lite.
"I confess and declare, That, as I remember, a good while after the Cause ended, I received an Hundred Pounds, either by Mr. Tobye Mathew or from Yong himself; but whereas I understood, that there was some Money given by Holman to my Servant Hatcher, with that certainly I was never made privy.
"8. To the Eighth Article of the Charge; videlicet, in the Cause between Fisher and Wrenham, the Lord Chancellor, after the Decree passed, received from Fisher a Suit of Hangings, worth an Hundred and Sixty Pounds and better, which Fisher gave by Advice of Mr. Shute:
"I confess and declare, That, some Time after the Decree passed, I being at that Time upon Remove to Yorke-house, I did receive a Suit of Hangings, of the Value (I think) mentioned in the Charge, by Mr. Shute, as from Sir Edward Fisher, towards the Furnishing of my House; as some others, that were no way Suitors, did present me the like about that Time.
"I confess and declare, That such a Cabinet was brought to my House, though nothing near Half the Value; and that I said to him, that brought it, that I came to view it, and not to receive it; and gave Commandment that it should be carried back, and was offended when I heard it was not; and some Year and an Half after, as I remember, Sir John Kenneday having all that Time refused to take it away, as I am told by my Servants, I was petitioned by one Pinckney, that it might be delivered to him, for that he stood engaged for the Money that Sir John Kenneday paid for it. And thereupon Sir John Kenneday wrote a Letter to my Servant Shereborne, with his own Hand, desiring that I would not do him that Disgrace as to return that Gift back, much less to put it into a wrong Hand; and so it remains yet ready to be returned to whom your Lordships shall appoint.
"10. To the Tenth Article of the Charge; videlicet, he borrowed of Vanlore a Thousand Pounds, upon his own Bond, at one Time, and the like Sum at another Time, upon his Lordship's own Bill, subscribed by Mr. Hunt, his Man:
I confess and declare, That I borrowed the Money in the Article set down; and that this is a true Debt. And I remember well that I wrote a Letter from Kewe, above a Twelve-month since, to a Friend about the King; wherein I desired, That, whereas I owed Peter Vanlore Two Thousand Pounds, His Majesty would be pleased to grant me so much, out of his Fine set upon him in the Star-chamber.
"11. To the Eleventh Article of the Charge; videlicet, he received of Richard Scott Two Hundred Pounds, after his Cause was decreed (but upon a precedent Promise); all which was transacted by Mr. Shute:
"I confess and declare, That some Fortnight after, as I remember, that the Decree passed, I received Two Hundred Pounds, as from Mr. Scott, by Mr. Shute; but, for any precedent Promise, or Transaction, by Mr. Shute, certain I am, I knew of none.
I confess and declare, That, some Months after, as I remember, that the Decree passed, I received an Hundred Pounds, by my Servant Shereburne, as from Sir John Lentall, who was not the adverse Party to Scott, but a Third Person, relieved by the same Decree, in the Suit of one Powre.
"I confess and declare, That this Cause, being a Cause for Inheritance of good Value, was ended by my Arbitriment, and Consent of Parties; and so a Decree passed of Course. And some Month after the Cause thus ended, the Hundred Pounds mentioned in the Article was delivered to me by my Servant Hunt.
"I confess and declare, That there were Two Decrees, one, as I remember, for the Inheritance, and the other for Goods and Chattels, but all upon One Bill; and some good Time after the First Decree, and before the Second, the said Five Hundred Pounds were delivered me, by Mr. Tobye Mathew, so as I cannot deny but it was upon the Matter, pendente lite.
"15. To the Fifteenth Article of the Charge; videlicet, William Compton being to have an Extent for a Debt of One Thousand and Two Hundred Pounds, the Lord Chancellor stayed it, and wrote his Letter, upon which Part of the Debt was paid presently, and Part at a future Day. The Lord Chancellor hereupon sends to borrow Five Hundred Pounds; and, because Compton was to pay Four Hundred Pounds to one Huxley, his Lordship requires Huxeley to forbear it Six Months, and thereupon obtains the Money from Compton. The Money being unpaid, Suit grows between Huxley and Compton in Chancery, where his Lordship decrees Compton to pay Huxley the Debt, with Damages and Costs, (fn. 1) when it was in his own Hands:
"I declare, That, in my Conscience, the Stay of the Extent was just, being an Extremity against a Nobleman, by whom Compton could be no Loser. The Money was plainly borrowed of Compton upon Bond with Interest; and the Message to Huxley was only to intreat him to give Compton a longer Day, and in no fort to make me Debtor or responsible to Huxley; and, therefore, though I were not ready to pay Compton his Money, as I would have been glad to have done, save only One Hundred Pounds, which is paid; I could not deny Justice to Huxley, in as ample Manner as if nothing had been between Compton and me. But, if Compton hath been damnified in my respect, I am to consider it to Compton.
17. To the Seventeenth Article of the Charge; videlicet, in the Lord Mountague's Cause, he received from the Lord Mountague Six or Seven Hundred Pounds; and more was to be paid at the Ending of the Cause:
"I confess and declare, There was Money given, and (as I remember) by Mr. Bevis Thelwall, to the Sum mentioned in the Article after the Cause was decreed; but I cannot say it was ended, for there have been many Orders since, caused by Sir Frauncis Englefeild's Contempts; and I do remember that, when Thelwall brought the Money, he said, that my Lord would be further thankful if he could once get his Quiet; to which Speech I gave little Regard.
"I confess and declare, That, at my first coming to the Seal, when I was at Whitehall, my Servant Hunt delivered me Two Hundred Pounds, from Sir George Reynell, my near Ally, to be bestowed upon Furniture of my House; adding further, that he received divers former Favours from me; and this was, as I verily think, before any Suit begun. The Ring was received certainly pendente lite; and, though it were at New-years Tide, yet it was too great a Value for a New-year's Gift, though, as I take it, nothing near the Value mentioned in the Article.
"I confess and declare, That I received of Mr. Peacock an Hundred Pounds at Dorsett-house, at my first coming to the Seal, as a Present; at which Time no Suit was begun; and that, the Summer after, I sent my then Servant Lister to Mr. Rolf, my good Friend and Neighbour, at St. Albans, to use his Means with Mr. Peacock (who was accounted a Monied Man), for the borrowing of Five Hundred Pounds; and after, by my Servant Hatcher, for borrowing of Five Hundred Pounds more; which Mr. Rolf procured, and told me, at both Times, that it should be without Interest, Script, or Note; and that I should take my own Time for Payment of it.
"I confess and declare, That my Servant Hunt did, upon his Accompt, being my Receiver of the Fines of Original Writs, charge himself with Two Hundred Pounds, formerly received of Smithwick; which after that I had understood the Nature of it, I ordered him to repay it, and to defaulk it of his Accompt.
"I confess and declare, That I received Money from my Servant Hunt, as from Mr. Ruswell, in a Purse; and, whereas the Sum in the Article is indefinite, I confess it to be Three or Four Hundred Pounds; and it was about some Months after the Cause was decreed; in which Decree I was assisted by Two of the Judges.
"24. To the Four and Twentieth Article, Five and Twentieth, and Six and Twentieth Articles of the Charge: videlicet, the Four and Twentieth, there being a Reference from His Majesty to his Lordship, of a Business between the Grocers and the Apothecaries, the Lord Chancellor received of the Grocers Two Hundred Pounds. The Five and Twentieth Article: In the same Cause, he received of the Apothecaries that stood with the Grocers, a Taster of Gold, worth between Forty and Fifty Pounds, and a Present of Ambergrease. And the Six and Twentieth Article: He received of the New Company of the Apothecaries that stood against the Grocers, an Hundred Pounds:
"To these I confess and declare, That the several Sums from the Three Parties were received; and, for that it was no judicial Business, but a Concord, or Composition between the Parties, and that as I thought all had received Good, and they were all Three Common Purses, I thought it the less Matter to receive that which they voluntarily presented; for, if I had taken it in the Nature of a corrupt Bribe, I knew it could not be concealed, because it must needs be put to Accompt to the Three several Companies.
"27. To the Seven and Twentieth Article of the Charge; videlicet, he took of the French Merchants a Thousand Pounds, to constrain the Vintners of London to take from them Fifteen Hundred Tons of Wine; to accomplish which, he used very indirect Means, by colour of his Office and Authority, without Bill or Suit depending; terrifying the Vintners, by Threats and Imprisonments of their Persons, to buy Wines, whereof they had no Need nor Use, at higher Rates than they were vendible:
"I do confess and declare, That Sir Thomas Smith did deal with me in the Behalf of the French Company: informing me, that the Vintners, by Combination, would not take off their Wines at any reasonable Prices. That it would destroy their Trade, and stay their Voyage for that Year; and that it was a fair Business, and concerned the State; and he doubted not but I should receive Thanks from the King, and Honour by it; and that they would gratify me with a Thousand Pounds for my Travel in it; whereupon I treated between them, by way of Persuasion, and (to prevent any compulsory Suit) propounding such a Price as the Vintners might be Gainers Six Pounds a Ton, as it was then maintained to me; and after, the Merchants petitioning to the King, and His Majesty recommending the Business unto me, as a Business that concerned His Customs and the Navy, I dealt more earnestly and peremptorily in it; and, as I think, restrained in the Messengers Hands, for a Day or Two, some that were the most stiff; and afterwards the Merchants presented me with a Thousand Pounds out of their common Purse; acknowledging themselves, that I had kept them from a kind of Ruin; and still maintaining to me, that the Vintners, if they were not insatiably minded, had a very competent Gain. This is the Merits of the Cause, as it then appeared unto me.
"28. To the Eight and Twentieth Article of the Charge; videlicet, the Lord Chancellor hath given way to great Exactions by his Servants, both in respect of Private Seals, and otherwise for sealing of Injunctions.
"This Declaration I have made to your Lordships with a sincere Mind; humbly craving, that, if there should be any Mistaking, your Lordships would impute it to Want of Memory, and not to any Desire of mine to obscure Truth, or palliate any Thing: For I do again confess, that, in the Points charged upon me, although they should be taken as myself have declared them, there is a great deal of Corruption and Neglect; for which I am heartily and penitently sorry, and submit myself to the Judgment, Grace, and Mercy of the Court.
"For Extenuation, I will use none, concerning the Matters themselves; only it may please your Lordships, out of your Nobleness, to case your Eyes of Compassion upon my Person and Estate. I was never noted for an avaricious Man. And the Apostle faith, that Covetousness is the Root of all Evil. I hope also, that your Lordships do the rather find me in the State of Grace; for that, in all these Particulars, there are few or none that are not almost Two Years old; whereas those that have an Habit of Corruption do commonly wax worse and worse; so that it hath pleased God to prepare me, by precedent Degrees of Amendment, to my present Penitency. And for my Estate, it is so mean and poor, as my Care is now chiesly to satisfy my Debts.
"And so, fearing I have troubled your Lordships too long, I shall conclude, with an humble Suit unto you, That, if your Lordships proceed to Sentence, your Sentence may not be heavy to my Ruin, but gracious, and mixt with Mercy; and not only so, but that you would be Noble Intercessors for me to His Majesty likewise, for His Grace and Favour.
Committee to attend the Lord Chancellor, to know if he acknowledg'd this Confession.
This Confession and Submission being read, it was Agreed, That the Lords here under-named do go unto the Lord Chancellor, and shew him the said Confession; to tell him, that the Lords do conceive it to be an ingenuous and full Confession; and to demand of him, whether it be his own Hand that is subscribed to the same, and whether he will stand unto it, or no: videlicet,
E. of Arundel.
E. of South'ton.
L. Bp. of Duresine.
L. Bp. of Winton.
L. Bp. of Co. and Lich.
Their Lordships being returned, reported, That they shewed the said Confession unto the Lord Chancellor, and told him, that your Lordships do conceive the same to be ingenuous and full, and demanded of his Lordship whether it were his Hand that is subscribed thereunto; who answered
Committee to address the King, to sequester the Seals.
Which being reported to the House, it was Agreed by the House, To move His Majesty to sequester the Seal; and that the Lords intreated the Prince his Highness, that he would be pleased to move the King's Majesty therein; whereunto His Highness condescended; and the same Lords that went to take the Acknowledgment of the Lord Chancellor's Hand were appointed to attend the Prince to the King, with some other Lords added.
Hodie 2a vice lecta est Billa, An Act for the Explanation of the Statute, made in the Third Year of the King's Majesty's Reign of England, intituled, An Act for the better discovering and repressing of Popish Recusants.
Upon the reading of the Petition of Breers, one of His Majesty's Messengers, and Booth, one of His Majesty's Servants, complaining against Jefferey Pashmore, who was this Day brought to the Bar, according to the Order of 28th of this April, to acknowledge his Fault, for the Arrest of the said Booth; it was Ordered, The said Jefferey Passmore to be remanded to The Fleet again, and there to remain, until he be bound with good Sureties unto his good Behaviour, and not to vex his Neighbours any more, and hath made Satisfaction unto Breers.
Cursing and Swearing.
L. Archbp. of Cant.
E. of Huntingdon.
E. of Northampton.
L. Bp. of Bath. and Wells.
L. Bp. of Bangor.
Mr. Justice Winch,
Mr. Justice Doddridge,
Mr. Serjeant Hitcham,
Sir Robert Rich,
|To attend the Lords.|
Hodie 2a vice lecta est Billa, An Act for the free Trade and Traffick of Welsh Cloths, Cottons, Frizes, Linings, and Plains, in and through the Kingdom of England and Dominion of Wales; and committed unto,
Mr. Justice Warburton,
Mr. Baron Bromley,
Mr. Justice Winch,
Mr. Justice Chamberlaine,
Mr. Attorney General,
|To attend the Lords.|
E. of Montgomery's Privilege. Reymes.
Upon Complaint made by the Earl of South'ton, That Henry Tapper, Deputy Bailiff of Enfeild, arrested Clement Reymes, Servant to the Earl of Mountgomerie, in his Lordship's House, at Endfeild; it was Ordered, That the Serjeant at Arms attending this House do bring the said Henry Tapper before their Lordships, on , by Nine of the Clock in the Morning, to answer his Contempt for the said Arrest.
Fishermen, &c. Petition of Milton, Hultsoe, Raineham, &c. in Kent, against Lord Teynham.
Hodie lecta est, The Petition of the Fishermen Dreggers, and other Seafaring Men, of Milton, Hultsoe, Raineham, Gillingham, Tenham, Hoe, and Shamwell, in the County of Kent; complaining that the Lord Teynham, by a Patent under the Great Seal of England, maketh Claim and Title to divers of their Sea Commons, &c. They pray the Lords, to cause the Lord Teynham to produce and shew forth his Patent and Title by which he claims &c.
L. Archbp. of Cant.
E. of South'ton.
E. of Mountgomery.
L. Bp. of Durham.
L. Bp. of Co. and Lichf.
L. Bp. of Ely.
THE Prince his Highness reported unto the Lords, That, according to the Request made unto him this Morning by the House, himself, accompanied with the Lords appointed to attend his Highness, did move the King's Majesty, to sequester the Great Seal from the Lord Chancellor; whereunto His Majesty most willingly yielded; and said, He would have done it, if He had not been moved therein.
Sir Henry Yelverton.
Brought to the Bar.
Sir Henry Yelverton being brought to the Bar, the Lord Chief Justice read the Charge wherewith he was here charged the 18th of this April, and his Answers thereunto; and demanded of him whether he now affirms those Answers.
Unto which he answered, "The Six Charges may be divided into Two. The one, of Gold and Silver Thread; the other, of Inns and Hosteries, I humbly desire, that I may now answer to every Particular Charge, in serie temporis."