My lords; The last time I came hither, muy errand was to inform you (as well as my memory could serve me, of things so long pass

view the Records, which he might embezzle, the Prince with his coronet on his head; the blot or raze out for his own profit; but, at that earl of Oxford, as lord great chamberlain, beartime, sir Giles had the reputation of an honesting his white staff, and the earl of Montgomery man. That sir Giles had abused this grant the sword. His majesty being seated on the many ways, but, as yet nothing was past under throne, made the following Speech to the Lords seal. That the abuse, partly, grew out of this, only: that sir Giles had compounded with one Geldard for the same, who, to make his best commodity thereof, put into the book matters of great value at small rates; which when his lord.ed) of the verity of my proceedings, and the ship heard of, he rebuked sir Giles and willed him to look to it, and not to suffer any thing to be past but what the chancellor of the exchequer should first allow of. That, thereupon, the said sir Giles, in the hearing of his lordship, delivered his book to Mr. Chancellor to be viewed, and whatsoever he thought good to be put out. Lastly, though much was intended to the prejudice of his majesty and the subject, yet nothing was past."-When the minister had ended his speech, a motion was made and agreed to, "That, although the Proofs given before the Lords against sir Giles Mompesson and others his agents, for their misdemeanors, were good and manifold, yet their lordships will hear the parties themselves what they can say in their own defence. But, because Easter is drawing on, and the time of recess very near, in which short space all the delinquents cannot be heard and proceeded against; it was further agreed, That a collection be made of all the proofs, concerning sir Giles only; which being read to the house, the Lords would proceed to sentence sir Giles, though absent; for that his flight is an eviction in law and for that the expectation thereof is great as well as the grievance, therefore the proceedings should be with expedition, that the whole kingdom might bear of the Punishment imposed upon Delinquents, by this parliament, as well as of the granted Subsidies."

A debate arising, in what manner to proceed against the said sir Giles, whether by Indictment in that house, or otherwise? And there being some confusion amongst the speakers, the Prince of Wales, who constantly attended this business morning and afternoon, made a motion, "That by the ancient Orders of the House, no lord was to speak twice, though to explain himself, except some other lord mistake his meaning in any part of his speech." This was commanded to be entered,

and ordered to be observed.

March 23. The Earl of Huntingdon, one of the commitee appointed to search Precedents of Sentences, &c. reported, "That they had scarched the records, and the earl of Warwick read the heads of several precedents, and then delivered the notes taken out of the records, and signed by the officers, to be kept by the clerk"The collection of sir Giles Mompesson's offences, touching Inns and Hosteries, and the proofs thereof, were read, with the patent and commission concerning the same.

March 26. The King came to the House of Lords, the peers being all in their robes, and

cautions used by me in the passing of those Patents, which are now in question before you; to the effect, that they might not be abused in the execution; and this I did by way of declaration. But now I am come (understanding the time of your censure to draw near) to express my readiness to put in execution (which is the life of the law) those things, which ye are to sentence (for even the law itself is a dead letter without execution) for which office God hath appointed me in these kingdoms. And though I assure myself, that my former behaviour, in all the course of my life, hath made me well known for a just king; yet in this special case I thought fit to express my own intentions, out of my own mouth, for punishment of things complained of. The first proof whereof I have given by the diligent search I caused to be made after the person of sir Giles Mompesson, who though he were fled, yet my Proclamation pursued him instantly: and as I was earnest in that, so will I be to see your sentence against him put in execution-Two reasons move me to be earnest in the execution of what ye are to sentence at this time: first, that duty I owe to God, who hath made me a king, and tied me to the care of government by that politic marriage betwixt me and my people. For I do assure you in the heart of an honest man, and by the faith of a christian king (which both ye and all the world know me to be) had these things been complained of to me before the parliament, I would have done the office of a just king; and out of parliament have punished them as severely, and peradventure more, than ye now intend to do.-But now that they are discovered to me in parliament, I shall be as ready in this way, as I should have been in the other. For (I confess) I am ashamed (these things proving so, as they are generally reported to be) that it was not my good fortune to be the only author of the reformation and punishment of them, by some ordinary courts of justice. Nevertheless since these things are now discovered by parliament which before I knew not of, nor could so well he discovered otherwise, in regard of that representative body of the kingdom, which coines from all parts of the country: I will be never a whit the slower to do my part for the execu tion. For, as many of you that are here have beard me often say, so I will still say: so precious unto me is the public good, that no private person whatsoever, were he never so dear unto me, shall be so respected by me, by many degrees, as the public good, not only of the

been given to any king before, and so accepted by me; and since I cannot yet retribute by a general pardon, which hath by form usually been reserved to the end of a parliament: the least I can do (which I can forbear no longer) is to do something in present, for the good and ease of my people.--Three patents at this time have been complained of, and thought great Grievances: 1. That of the Inns and Eosteries, 2. That of the Alehouses. S. That of Geld and Silver Thread. My purpose is to strike them all dead, and (that time may not be lost) I will have it done presently. That concern

whole commonwealth, but even of any particular corporation that is a member of it: and I hope that ye, my lords, will do me that right to publish to my people this my heart and purpose. The 2nd reason is, That I intend not to derogate or infringe any of the liberties or privileges of this house, but rather to fortify and strengthen them. For never any king hath done so much for the nobility of England as I have done, and will ever be ready to do. And whatsoever I shall now say or deliver unto you as my thought, yet when I have said what I think, I will afterwards freely leave the judgmet wholly to your house. I know ye will doing the Alchouses, I would have to be left to nothing, but what the like hath been done be- the managing of the justices of peace, as be fore: and I pray you be not jealous, that I will fore. That of Gold and Silver Thread was abridge you in any thing that hath been used. most vilely executed, both for wrongs done to For whatsoever the precedents in times of good men's persons, as also for abuse in the stuff; government can warrant, I will allow. For I ac- for it was a kind of false coin. I have already knowledge this to be the spreme court of jus- freed the persons that were in prison: I will tice, wherein I am ever present by representa- now also damn the patent: and this may seem tion. And in this ye may be the better satisfied instead of a pardon. All these three I will by my own presence, coming divers times have recalled by proclamation, and wish you amongst you: neither can I give you any greater to advise of the fatest form for that purpose.assurance, or better pledge of this my purpose, I hear also that there is another bill amongst than that I have done you the honour to set you against Informers: I desire you, my lords, my only son among you; and hope that ye that as ye tender my honour, and the good of with him, shall have the means to make this my people, ye will put that bill to an end so the happiest parliament that ever was in Eng- 500n as ye can; and at your next meeting to land. This I profess, and take comfort in, that make it one of your first works. For I have the Commons at this time have shewed greater already shewed my dislike of that kind of peo love, and used me with more respect in all ple openly in Star Chamber; and it will be their proceedings, than ever any house of com- the greatest ease both to me, and all those mons have heretofore done to me, or (I think) that are near about me at court, that may be. to any of my predecessors. As for this house For I remember, that since the beginning of this of yours, I have always found it respective paritament Buckingham hath told me, he never to me; and accordingly do I, and ever did found such quiet, and rest, as in this time of parfavour you as ye well deserved. And I hope liament from projectors and informers, who at it will be accounted a happiness for you, that other times miserably vexed him at all hours. my son doth now sit amongst you, who, when | it shall please God to set him in my place, will then remember that he was once a member of your house; and so be bound to maintain all your lawful privileges, and like the better of you all the days of his life. But, because the world at this time talks so much of bribes, I have just cause to fear, the whole body of this house bath bribed him to be a good instrument for you upon all occasions: he doth so good offices in all his reports to me, both for the house in general, and every one of you in particular, And the like I may say of one that sits there. (Buckingham. He hath been so ready upon all occasions to do good offices, both for the house in general, and every member thereof in particular. One proof thereof, I hove my lord of Arundell hath already witnessed unto you, in his report made unto von of my answer, touching the privileges of the nobility, how earnestly be spake unto me in that matter.-Now, my lords, the time draws near of your recess: whether formality will leave you time for proceeding How to sentence against ail, or any the persons now in question, I know not. But for my part since both bouses have dealt so lovingly and freely with me, in giving me, as a free £.f, two Subsides in a more loving manner than hath

And now I confess, that when I looked before upon the face of the government, I thought (as every man would have done) that the people were never so happy as in my time. For even, as at divers tiines I have looked upon many of my coppices, riding about them, and they appeared on the outside very thick, and well grown unto me: but when I entered into the midst of them, I found them all bitten within, and full of plains and bare spots; like an apple or pear, fair and smooth without, but when ye cleave it asunder, ye find it rotten at the heart: even so this kingdom, the external government being as good as ever it was, and I am sure as learned judges as ever it had (and I hope as honest) administering justice within ic; and for peace, both at home and abroa, I may truly say, more settled, and longer lesdez, than ever any before, together with as great plenty as ever: so as it was to be though, that every man might sit in safety under his own vire, and his own fig-tree: vetī am asharied, and it mak, s my hair stand upright, to consider, low in this time my people have beca vexed, and polled by the vile execution of projects, patents, bills of conformity, and such ke; which, Lesides the trouble of my people, have more exhausted their purses, than

amongst you, may be entered into the records of this house."

The King having ended his Speech, the Lords conceived so much joy thereat; that they ordered the whole house to go to him, at one in the afternoon, with their most humble thanks for it.

pa

The collection of Offences and Abuses committed by sir Gilcs Mompesson, in the three tents which were granted to him, being all read: it was resolved by the whole house, "That it did appear to the lords, and they were fully satisfied, 'sir Giles Mompesson had erected a court without warrant; and, also, that he imprisoned the king's subjects and exacted bonds from them by threats, without warrant; and, afterwards, by undue practices, procured a proclamation and other warrants to colour such his doings. And yet that he executed all these ills, and seized the goods of divers persons, contrary to such authority, so unduly procured by bim. That he neither paid the 10l. reserved rent to the king, nor brought in the 5000l, of bullion yearly, as he pretended and covenanted to have done. And that all his other offences and abuses had been fully proved against him." Hereupon it was agreed, "That the lords would give sentence against sir Giles, in their robes, in the afternoon. The lord admiral, Buckingham, desired to be excused if he should be absent; but he gave his assent to their lordships censure of the said sir Giles; affirming, That he had highly abused the king, and also himself, more than any other lord of that house."

subsidies would have done.-Now, my lords, before I go hence, since God hath made me the great judge of this land under him: and that I must answer for the justice of the same: I will therefore (according to my place) remember you of some things, though I would not teach you. For no man's knowledge can be so good, but their memories will be the better to be refreshed. And now because ye are coming to give judgment, all which moves from the king, that you may the better proceed, take into your care two things: 1st to do bonum; 2ndly, next to do it benè. I call bonum when all is well proved, whereupon ye judge, for then ye build upon a sure foundation; and by bene I understand, that ye proceed with all formality and legality: wherein you have fit occasion to advise with the judges, who are to assist you with their opinions in cases of that nature; and woe be to them, if they advise you not well. So the ground being good, and the form orderly, it will prove a course fitting this high court of parliament.-In sentence ye are to observe two parts: 1st, to recollect that which is worthy of judging and censuring: and 2ndly, to proceed against these, as against such like crimes properly. We doubt there will be many matters before you, some complained of out of passion, and some out of just cause of grievance. Weigh both; but be not carried away with the impertinent discourses of them, that name as well innocent men, as guilty. Let your judgments only take hold of the guilty: proceed judicially, and spare none where ye find just cause to punish: but let your proceedings be according to law. And March 26, p. m. The whole house met again. remember, that laws have not their eyes in The lords were in their robes, in order to give their necks, but in their foreheads. For the sentence against the offender, it was much demoral reason of the punishment of vices, in all bated first, amongst them, what punishment kingdoms and commonwealths is, because of sir Giles deserved for his high crimes: and, the breach of laws standing in force: for none because the punishment inflicted heretofore on can be punished for breach of laws by predes- Empson and Dudley was much spoken of, the tination, before they be made. There is yet lords desired to hear their indictments. The one particular, which I am to remember you indictment of Rd. Empson, taken at Northof, I hear that sir Henry Yelverton who is now ampton, 1 Hen. 8. was read; by which it was in the Tower, upon a sentence given in the observed, that the said Empson was indicted Star Chamber against him, for deceiving my for treason against the king. The attorneytrust) is touched concerning a warrant dor- general also certified to their lordships, that mant, which he made while he was my attor-Dudley was indicted, in London, for treason. ney: The which my lord treasurer here refused to set his hand unto, like an honest man, when it was brought unto him. I protest, I never heard of this warrant dormant before, and I hold it as odious a matter, as any is before you and if, for respect to me, ye have for born to meddle with him in examination, because he is my prisoner; I do now here freely remit him unto you, and put him into your hands. And this is all I have to say unto you, at this time; wishing you to proceed justly and nobly, according to the orders of your house: and I pray God to bless you: and ye may assure yourselves of my assistance; wishing that what I have said this day,

* Henry Montagu, viscount Mandeville. He had been before lord chief justice of England.

But to the end that these matters might be more freely discussed, and what punishment was fit to be inflicted on the offender, the house adjourned ad libitum; when, after a long debate, the lords agreed upon a Judgment against sir Giles: the earl of Arundel observing, that their lordships might proceed against him hereafter, if more matter, or matter of a higher nature, was found out.-Accordingly a Message was sent from the Lords to the Commons, "That if they and their Speaker, according to the ancient custom of parlia ments, come to demand of the lords, that judgment be given against sir Giles, for the heinous offences by him committed, they shall be heard: also that the Lords desire a conference with them, in the Painted Chamber, to-morrow morning." Answer returned, "That they

would come to demand judgment; and that they agreed to the conference."-In the mean time the lord treasurer reported, "That, according to the order of the house made this morning, the Prince's highness, accompanied with many lords, did present unto his majesty most humble thanks for his majesty's most gracious Speech to the Lords that morning; which thanks, with the manner of presenting the same, was most joyfully accepted by him, as he expressed in many kind and favourable words; adding, "That the Lords had taken the right way to catch a king, by speaking to him by his son."

The knights, citizens, and burgesses of the House of Commons, with their Speaker, being come up to the bar, the Speaker repeated the last message which the lords had sent unto them, and said, "The Cominons, by me, their Speaker, demand judgment against sir Giles Mompesson, as the heinousness of his offences doth require."

meanors and trespasses. 3. That his testimony be received in no court; and that he shall be of no assize, inquisition, or jury. 4. That be shall be excepted out of all general pardons to be hereafter granted. 5. That he shall be imprisoned during life. 6. That he shall not ap proach within 12 miles of the courts of the king or prince, nor of the king's high courts usually holden at Westminster. 7. That the king's maj. shall have the profits of his lands for life, and shall have all his goods and chattels as forfeited; and be shall undergo fine and ransom, which their lordships assess at 10,000l. 8. That he shall be disabled to hold or receive any office under the king, or for the commonwealth. 9. Lastly, That he be ever held an infamous person."

March 27. The Lord Admiral delivered his majesty's hearty thanks to the Lords, for their Sentence given yesterday against Mompesson, it being so just, and yet moderate, in respect of the heinousness of the offence. And said, That the king, out of regard to his people and detestation of the said crimes, is pleased, er abundante, to inflict perpetual banishment on the said Mompesson, out of all his majesty's dominions.

The Lord Chief Justice, as Speaker of the house of peers, answered: "Mr. Speaker, the Lords spiritual and temporal have taken knowledge of the great pains the Commons have been at, to inform their lordships of many com- The Commons being ready in the Painted plaints brought unto them against sir Giles Chamber, for the conference; before the Lords Mompesson, and others, whereof their lord- went to them, the lord treasurer first reported ships received several instructions from them; the heads of what he was to deliver, by direc and, thereupon, proceeding by examination of tion from the house. "To make a short redivers witnesses upon oath, they find sir Giles, cital of his majesty's gracious speech here yes and several others, guilty of many heinous terday. His majesty's good allowance and ap crimes against the king's majesty, and against probation of the sentence given against Momthe commonwealth.-Time will not permit pesson; and that, out of his grace and favour their lordships to deal with all the offenders to the people, he had added, to the punishnow; therefore they proceed to give judgment ment, perpetual banishment. That the lords against sir Giles, according to your demand; of this house yesterday presented, by the prince, and, hereafter, their lordships will proceed their humble thanks unto his majesty for hus against the other offenders. The Judgment of said speech to their house; which was well ac the lords against the said sir Giles is, and, cepted of. To let them know that the lords the Lords spiritual and temporal of this high did consider of the precedents for Empson and court of parliament, do award and adjudge, 1. Dudley; but found they did not concur with That sir Giles shall, from henceforth, be de- this case of Mompesson, they being both indictgraded of the order of Knighthood, with reser-ed for treason."-The conference being over, vation to his wife and children; the ceremonies of degradation to be performed by direction of the earl marshal's court, whensoever he shall be taken. 2. That he shall stand perpetually in the degree of a person outlawed for misde

it was ordered, That the whole Proceedings against Mompesson should be drawn up by the king's council, perused by a committee of lords appointed for that purpose, and entered in the records of parliament.

117. Proceedings in Parliament against Sir FRANCIS MICHELL, a Monopolist and Patentee, and Co-Partner with Sir Giles Mompesson 19 JAMES I. A. D. 1621. [Lords' Journals.

Parl. Hist. 1242.]

Charge against Sir Francis Michell.

April 26, 1621.

THIS day, Mr. serjeant Crew came to the house of lords, and opened the Offences committed by sir Francis Michell, Prisoner in the Tower, and the Proofs thereof; viz.

1 Cobb.

Offences wherewith sir Francis Michell is

charged, and their Proofs.

1. "That he received an annuity of 100. per ann. (to be continued for five years), for executing the Commission concerning Gold and Silver Thread. Proved by the Deed of the Grant thereof from Rd, Dike and air Nich.