House of Commons Journal Volume 1: 22 April 1626

Journal of the House of Commons: Volume 1, 1547-1629. Originally published by His Majesty's Stationery Office, London, 1802.

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'House of Commons Journal Volume 1: 22 April 1626', in Journal of the House of Commons: Volume 1, 1547-1629, (London, 1802) pp. 847-848. British History Online https://www.british-history.ac.uk/commons-jrnl/vol1/pp847-848 [accessed 27 March 2024]

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Sabbati, 22 Aprilis

Proceedings against Duke of Buckingham.

Mr. Mallett entereth the Debate, whether common Fame a Ground for the Commons House of Parliament to proceed upon. - Is against it; though, confesseth, he hath seen few original Precedents in the Point. - The Point, whether an Accusation, upon common Fame, be to be entertained here; and thereupon transmitted to the Lords. - Is against it: 1. Because it will disadvantage the Party accused; considering, then he must answer the Fame, and also the Accusation. 2. Whosoever accused here, and cleared, is, by the Justice of this House; to have Remedy against the Accuser; which by this Course he shall want. -

7 R. II. An Accusation of Bribery, by Cavendish, against the Chancellor ;and the Accusation being found false, he adjudged to pay 3,000 Marks, and be imprisoned, &c. -

17 R. II. a Complaint, by the Earl of Arondell, against the Duke of Lancaster: He acquit, and the Duke ordered in Parliament to have Satisfaction from Arondell. -

That, if this had been an Use in Parliament, it would from thence been derived to other Courts; where no temporal Court hath ever used it, except in Cases capital; as in the Case of Michael De la Pole. - So in the Case of Recusants, thinks, it may be lawful; because the Recusant, though indicted, yet conforming, and taking the Oaths, is freed from all Penalties of the Law. Not so in the Case now in Question, -

If this were but to prevent a Mischief, might be tolerated ; contra here, where tendeth to a Judgment. -

This not like the Enquiry of a Grand Jury: Yet no Grand Jury (except in Case of Recusants) proceedeth upon common Fame, without other Proof. - Liketh the

Resemblance to a double Judgment of Account; where the First Judgment must be grounded upon Verdict, or Confession. Doubteth, this Precedent may be dangerous to inferior temporal Courts, by way of Imitation. -

The Petitions to this House, for a Grievance, are in Writing; the Petitioners present,and their Hands unto it. -

Remembereth the Case of the Bishop of Durham, 12 Jac. which, upon special Reason, as concerning the Honour of this House, and for which they could have no other Ground of Proof; which yet rejected, because it had no other Ground.

Mr. Wyld, contra. - Bracton. That all Suspicion grounded upon Fame. - Some Presumptions admit Proof to the contrary, others not. This Fame must arise among the better Sort. All our Law Books concur in this Point An Act must first be done; and the Fame rise in the County, where that Fact done. A good Ground for arresting upon any Felony; as Murder, Robbery, &c. 7o H. IV. 1o, 2o, 5o, H. VII. 7o Ed. IV. 11. Ed. IV.

Mr. Littleton, accordant. - This not a House of definitive Judgment, but of Information, Denunciation, or Presentment; for which common Fame sufficient. -

A great Difference between common Fame and Rumour. The general Voice is common Fame. Vox populi vox Dei. 11 Ed. IV. Common Fame more than the Saying of any Man; for that the Voice of many Men Common Fame a good Ground of Imprisonment for Treason, or Felony. 7o Eliz. Dyer. - But I may not say, he is a Traitor, or a Felon. -

In other States ancient and modern. Men have been not only accused, but condemned, by common Fame. -

Precedents: 28 H. VI. Earl of Suffolke's Case: 29 H. VI. Duke of Somerset's Case: 12 Jac. Bishop of Lincolne's Case. -

That a Man accused by common Fame, is to answer only the Accusation, and not the Fame.

Mr. Browne, accordant. - Accusation allowed, not Calumniation. Calumniation is, in an unfit Place to lay an Aspersion. Common Fame called by Civilians, semiplena probatio; arising out of apparent Signs. If a private Man accuse, he liable to Punishment, if false, because hath nothing to do in it; otherwise, where a Member of the House doth it. Libere licet accusare, where the Place is proper for the Accusation; otherwise not: Therefore the Accusation in this House proper. No Subject, how great soever, but questionable here, if he be grievous to the Commonwealth. So all former Precedents: And this the only Place, wherein to question great Men.

Mr. Wentworth: - If we could not present to the Lords, upon common Fame, yet we may enquire, and accuse, here, upon common Fame; as in Dr. Turnor his Case. This the only Safety for Accusation of great Men; where else no Man dare accuse a great Man, for fear of Danger. Men of ill Fame not bailable, but to be bound to good Behavour, by Act of Parliament. If common Fame sufficient for Treason, and Felony, much more for lesser Offences. Scandalum Magnalum lieth not, where a Man can bring forth but One Author.

Mr. Selden: - The Question now only, whether this House may proceed to transmit to the Lords, upon common Fame. - Else no great Man shall, for fear of Danger, be accused by any particular Man. The Faults of the Gods might not be told, till the Goddess Fame born. - De eo male creditur, upon a Matter in Indictments. This Course of Accusation held in all the Courts in Christendom. - That these Cases are to be ruled by the Law of Parliament, and not either by the Common, or Civil, Law. 28o H. VI. Duke of Suffolke. - A general Rumour, and Noise, of great Offences against the State. The Commons, taking Notice thereof, acquainted the Lords with that general Rumour; praying them, he might be committed to the Tower: Which the Lords, upon Consultation with the Judges, refused, because the Charge only general. Thereupon the Commons instanced in a Particular; that the French King ready to invade the Kingdom, through his Default: Thereupon he was presently committed to the Tower. 29 H. VI. in the Duke of Somersett's Case, the like Clamour, upon common Fame; and the Parties, complained of, removed.

Mr. Rolle, accordant. - The Commons may present a Lord of the Higher House to the Lords, for he not compellable to answer there; and so except we may present upon common Fame, shall never be drawn to answer. If the Offence tend to Felony, or Treason, the Commons may pray, he may be committed, in respect of the Quality of the Fact, otherwise for smaller Offences. -

5 H. IV. A Complaint against the King's Confessor; whereupon the Lords ordered, they should be removed from the King: Whereupon the King, in Parliament (though he knew no Cause particularly, yet) because the Lords and Commons had thought them unfitting, he there commanded them to come no more near unto him; and that, if there were any other, against whom the Lords and Commons had Indignation, he would remove them.

Mr. Sherland: - No Damages awarded, where probabilis causa litigandi: Where common Fame semiplena probatio. The Life and Soul of the Commonwealth of greater Respect, than Felony. There is as well a real Treason (and which is tant amount) as a legal Treason; and therefore common Fame a sufficient Ground there, as well as for Felony.

Mr. Noy, accordant, - Men bound by Recognizance, sometimes imprisoned, upon,common Fame: Where we enquire only. No other way of Enquiry here: No Church Wardens, nor Grand Jury. No Fault to go unpunished because no Man dare accuse.

Upon Question, common Fame a good Ground of Proceeding of this House, either to enquire of here, or transmit the Complaint, if the House find Cause, to the King, or Lords.

Memorandum, Mr. Chancellor of the Duchy delivered his Opinion against this Enquiry by common Fame.

Mr. Noy: - That this a good Ground to enquire, 1. Whether a common Fame: 2ly, Whether this Fame true. We will not transmit without the first Enquiry, but without the particular Enquiry, we may; for peradventure we cannot come by the Witnesses; as, if the Witnesses of the Lords House.

Members to attend Committee.

Mr. Glanvyle reporteth Two Particulars: And that the Committee desireth, some Members of this House, viz. Secretary Cooke, Sir Wm. Howard, Sir Ro. Howard, Sir Ro. Pye, Sir Jo. Heppesley, Sir Wm. Monson, Mr. Fotherby, and Mr. Okeley, Sir Wm. Russell, may be, by this House, enjoined to attend the Committee in the Court of Wards, presently. - Ordered. -

House to sit.

2ly, That the House will sit this Afternoon, to receive all Reports from all Committees, concerning Evils, Causes, and Remedies, - Ordered.

Select Committee.

Ordered, The select Committee shall sit in the Court of Wards presently, upon the Rising of the House. The Committee to have Power to send for Sir Wm. Mounson, now at Chelsey, and to Sir Wm. Howard.

Evils, Causes, and Remedies.

The grand Committee for Evils, &c. to meet at Three of the Clock. - Ordered. And then the House to sit when that Committee ready.

To attend Committee.

My Lord Careighe appointed also to attend the Committee.

Sabbati, 22o Aprilis - Post Meridiem

Charges against Duke of Buckingham.

Mr. Wandesford reporteth the Head, concerning the Buying and Selling of Places of Judicature. - Three Particulars: 1. The Duke buying the Wardenship of the Five Ports, of the Lord Zouch: 2. The Mastership of the Wards: 3. The Selling of the Lord Treasurership to the Lord Maundevyle. - The first and last were, by several Questions, fixed upon the Duke.

He further reporteth the Intercepting, unnesessary Exhausting, and Misemploying, of the King's Treasure. -

A public Issue proved, by Record, of 71,522 l. A Release 16o Jac. for the Support of the Duke's Dignity, of divers Sums by him received. The like 20o Jac. -

A Grant to the Duke, of all the Customs and Subsidies of Ireland, for 6,000 1. per Annum, for 10 Years. -

4,960 l. to the Earl of Anglesey, for Land sold, which were granted by the King to Pert and Knolles, in Trust for him. -

2,000l. remaining due for Woods unsold: 5,000l. remaining in Wood, and 900l. per Annum in the Forests of Blackmore and Bewsham, in Wiltes, passed to the Earl of Anglesey. -

The Manor of Horton in Norfolke, passed to Lord Mandevyle, at the Suit of the Earl of Anglesey. -

Yorke House, for which the King's Lands exchanged. -

Many Acres of Wood, stored with excellent Timber, in the Forest of Deane, granted 1o Caroli Regis, to Sir Edw. Villyers. -

The Manor of Clerkenwell, and divers other Manors in divers other Counties, Part of the annexed Lands, passed, 24 Maii last, to Lord Maundevyle, in Consideration of 12,500 l. for which a Tally struck, but no Money paid ; but went in Recompence of the Money Lord Maundevyle paid for his Treasurership, and his Honour, and a new Table at Court besides. -

Chelsey House, and Lands, which, by the Committee, upon Question, fixed upon that Head, which concerneth the Misemployment of the King's Treasure.

Upon Question, the Duke to have Notice given from the House, of these Things charged upon him by the House.

Monday next, Ten Clock, shall be theTime for the Duke to make Defence, if he shall please to make any. The Notice to be given by Sir Jo. Heppesley and Mr. Gifford.

Nothing to be delivered in Writing; but the Messengers to inform themselves, by Perusal of the Clerk's Book, but to take no Copies; but to give Notice of all, as well of that of the East India Company, as other; but may take Notes, for their own Memory, of the Heads; but those Notes not to be delivered by them to the Lord Admiral.