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, 18 die Aprilis,
Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
p. Carolus Princeps Walliæ, etc.
Lords Leave to be absent.
The Lord Treasurer signified unto the Lords, That (by the Appointment of their Lordships) he did Yesterday present unto His Majesty their Lordships humble Thanks for His Majesty's Gracious Respect to their Lordships, in the Message to this House, touching the Lord Chancellor.
Both Houses to attend His Majesty at Whitehall.
His Majesty answered, That (fn. 1) this Acceptation of the Lords is as pleasing to His Majesty as His Majesty's Message could be unto the Lords. And His Majesty said further, that this Accession of Parliament (though no new Session) gives His Majesty Occasion to say somewhat to the Lords; and therefore His Majesty's Pleasure is, that the whole House do wait on His Majesty at Whitehall, on Friday next, in the Afternoon.
The Lord Chamberlain signified Order to be given by His Majesty, for the Lower House to be there also.
The House was adjourned (as a Committee) ad libitum, to discuss and debate, in what Order to proceed with Sir Henry Yelverton.
The Lords being agreed thereon, the Lord Chief Justice returned to the Lord Chancellor's Place.
Sir Henry Yelverton brought to the Bar.
Sir Henry Yelverton, being brought by the Gentleman Usher to the Bar, and kneeling until he had Leave, and was willed to stand up; the Lord Chief Justice read the Particulars wherewith he was charged; unto the which the said Sir Henry Yelverton made several Answers immediately.
The Particulars and the Answers follow, in bæc verba:
Sir Henry Yelverton is charged:
1. That he did commit divers, for refusing to enter into Bonds, to restrain their own Trade, &c. before he had any Authority to require any such Bonds.
He confesseth, he committed divers to Prison; and justifieth the same.
That he committed none to restrain them of their Trade, but for their Stubbornness, in not obeying the King's Commandment; which he did to advance the lawful Profit of His Majesty; and that he had Authority to do it.
2. That he first signed and directed the Warrants Dormants, having no Authority for the same, and yet containing many unwarrantable Clauses.
He drew one, and first signed it, and no Clause unwarrantable in that. He justifieth that. For the others, he neither denieth nor confesseth, but remembers not whether he drew them or not.
3. That he advised the Patent of Gold and Silver Thread to be resumed into the King's Hands, conceiving the same to be a Monopoly, and advised the Patentees to proceed by Contract with the King.
He advised it not alone. He was the weakest amongst many that advised the Contract. He denies that he conceived it to be a Monopoly, and doubts not but to prove it to be no Monopoly. He denies that he confessed any such Thing to the Commons. He denies his Advice in the Contract to colour a Monopoly. He advised it in his Duty to the King.
4. He, to procure a Proclamation to take Bonds, signed a Docket, shewing his advising thereupon with the Recorder of London and the City, whereas the Recorder was not acquainted with it.
He utterly denies he made any such Docket; he did sign a Docket, that he had acquainted the Lord Chancellor and Recorder of London with it; and he did acquaint the Lord Chancellor and the Recorder of London with it, and willed the Recorder to acquaint the City; but denies that the Docket is, that he acquainted the City with it.
5. That Three Thousand Four Hundred and One Quo Warrantos (to the Vexation of the People) were brought by him, touching the Patent of Inns, and but Two came to Trial.
He cannot particularly answer it; if it appear upon Record, that there be so many signed by him, he confesseth it; until then, he humbly desires to be retained in their Lordships Favour; adding, that, if he ever deserved well of His Majesty, it was in this. And added, 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.
6. That he commenced divers Suits in the Exchequer, touching the Gold and Silver Thread, but did not prosecute the same.
It may be he did.
These Answers and Confessions being read, the said Sir Henry Yelverton (having Leave to speak) said, he thought himself happy, that, in these Mists of His Majesty's Disfavour, His Majesty was pleased to cast that Grace upon him, as to send him to this Honourable House. That Innocency hath her present Answer; Wisdom requires Time: Therefore he made his humble Suit, to have a Particular of his Charge in Writing, and Time to answer the same; and that he might have Leave to repair to his Chamber at Grays-Inn, and to his House, to search his Papers, for that the Matters objected against him did look into his Actions of Four, Five, and Seven Years of his serving His Majesty.
The Speech ended, Sir Henry Yelverton was withdrawn; and the House having taken this into their Consideration, he was brought to the Bar again; and the said Answers and Confessions were read unto him by the Clerk, and acknowledged by Sir Henry Yelverton to be truly set down; yet desiring that the same might not preclude him, touching his future Defence, desiring a Sevennight for his further Answer.
The Lord Chief Justice signified unto him, That the Lords were pleased, that he should have a Copy of the Charge objected against him, and Leave (under the Lieutenant's Charge) to go to his House in Aldersgate Street, and unto his Chamber in Grays Inn, to view his Papers, and to have Time until Saturday come Sevennight, to make his further Answer, which was more than his own Request.
The Lieutenant of The Tower being called in, was commanded by the Lords to carry Sir Henry Yelverton and Sir Francis Michell to The Tower again. And the Lieutenant was further commanded by the Lords, to permit the said Sir Henry Yelverton (with a Keeper) to go unto his House in Aldersgate Street, and to his Chamber in Grays-Inn, to search and view his Papers (as was desired), the said Sir Henry Yelverton returning to The Tower every Night.
And further, that the said Lieutenant do bring the said Sir Henry Yelverton again before their Lordships, on Saturday come Sevennight, by Nine of the Clock in the Morning.
The Lieutenant humbly desired, that he might have an Order of this House for the same; which was granted; and the same (being signed by the Clerk) was delivered unto him, in bæc verba.
Lieutenant of The Tower's Order for Sir Henry Yelverton.
"It is this Day Ordered by the Lords Spiritual and Temporal of the High Court of Parliament, That Sir Allen Appesley, Knight, His Majesty's Lieutenant of The Tower, do permit Sir Henry Yelverton, Knight, from Time to Time, to go (with a Keeper) unto his Chamber in Grays-Inn, and unto his House in Aldersgate Street, to search and view his Papers, and other Writings there; the said Sir Henry Yelverton returning to The Tower every Night.
"And it is further Ordered by the Lords, That the said Lieutenant do bring the said Sir Henry Yelverton before their Lordships on Saturday come Sevennight, by Nine of the Clock in the Morning."
Jurati in causa Domini Cancellarii:
Moved by the Lord Hunsdon, and Ordered by the House, That the Lord Chief Justice do every Morning, before the Adjournment of the Court, cause the Names of the Lords Committees, appointed to meet that Day in the Afternoon, to be read by the Clerk.
Moved by the Earl of Arundell, that the Three several Committees, in causa Domini Cancellarii do make their Report To-morrow Morning of the Examinations by them taken touching the Lord Chancellor; and the Clerk to produce the Examinations in that Cause taken in Court, to the End their Lordships may give the Lord Chancellor such Particulars of his Charge as their Lordships shall judge sit.
Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, decimum nonum diem Aprilis, Dominis sic decernentibus.