sir Francis Michell be so guilty of the Offences, or any of them, charged upon him, that is worthy to be censured. Agreed unto, per omnes. The Lords, being agreed of the Sentence upon sir Francis Michell, sent a Message unto the house of commons: That the Lords have proceeded against sir Francis Michell, upon Complaint of the Commons; they have found him guilty of many exorbitant offences, and are ready to give Judgment against him, if they, with their Speaker, will come to demand it. Answered, They will come accordingly, with all convenient speed. In the mean time, the lords put on their robes. The Commons being come, and the Speaker at the bar, after low obeisances, he said: "Mr. Speaker, the lords spiritual and temporal have taken into due consideration the great care and pains taken by the Commons to inform their lordships of the great Complaints, and the qualities and natures thereof, presented unto them against sir Francis Michell and others, whereof their lordships being well prepared by them, to the true understanding of the same, and thereupon having proceeded for the perfect discovery thereof, by examination of divers witnesses upon oath, do find thereby, the said sir Francis Michell clearly guilty of many great Crimes and Offences against his majesty and the commonwealth, and have resolved, at this time, to proceed to Judgment against him for the same. 6 "And therefore the Lords Spiritual and "There was heretofore related unto their Temporal of this great and high court of parlia lordships, by the house of commons, a Com- ment do award and adjudge: 1. That the plaint of many Grievances against Mompesson said sir Francis Michell shall stand, and be and sir Francis Michell, for many offences from henceforth, degraded of the order of committed by them against the king and the knighthood, with reservation of the dignity of commonwealth; your lordships have proceeded his now wife and children; and the ceremowith Mompesson, and given Judgment against nies of degradation to be performed by direc him. Understanding that you are ready to pro⚫tion of this court to the carl Marshal's court. nounce Judgment also against sir Francis Mi-2. That he shall be imprisoned, during the chell, I the Speaker, in the name of the knights, citizens, and burgesses of the commons house of parliament, do demand and pray, that Judgment be given against him the said sir Francis Michell, according to his demerits." The Lord Chief Justice pronounced the Judgment, in hæc verba : king's pleasure, in Finsbury Gaol, in the same 'chamber there, where he provided for others; 'The Tower, where he now remains, being a 'prison too worthy of him. 3. That he shall undergo the fine of 1000l. 4. That he shall be disabled to hold or receive any office ' under the king, or for the commonwealth.' 118. Proceedings against Sir HENRY YELVERTON, the King's Attorney-General,* for Misdemeanors: 19 JAMES I. A. D. 1621. [1 Cobb. Parl. Hist. 1232.] April 17, 1621. Sir Henry Yelverton being brought by the THE lords ordere 1, That the lord chief jus- gentleman usher to the bar, and kneeling until tice should grant a special warrant to the Lieu-be had leave, and was willed to stand up; the tenant of the Tower, to bring sir Henry Yel- Lord Chief Justice read the Particulars whereverton and sir Francis Mitchel before their with he was charged; unto the which the said lordships at the same time. sir Henry Yelverton made several Answers immediately. ARTICLES of Charge against Sir H. Yelverton, with his ANSWERS. April 18. The house adjourned themselves into a committee, to debate and settle in what manner to proceed against sir Henry Yelverton, then Attorney General, and, being agreed, the Chief Justice resumed his place. * Of this case Wilson (2 Kenn. Compl. Hist. 734) says, "Sir Henry Yelverton, the king's attorney, had found the effects of Buckingham's anger, by not closing with his desires in such patents as he required: so that all his actions being anatomized, some miscarriages are made criminal; he is committed to the Tower, and another put in his place that should be more observant. The king now lays upon him a warrant dormant, which did not much startle him; for he was not long after released, and made a Judge, carrying with him this character The Particulars and the Answers follow, in hæc verba : • Sir Henry Yelverton is charged: I. 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.'-Resp. He confesseth, he cominitted divers to prison; and justifieth the of honesty, That he was willing to lay down his preferment at the king's feet, and be trod upon by the growing power of Buckingham, rather than prosecute his patron Somerset, that had advanced him, as his predecessor Bacon had spitefully done his."The Historian's reproach of Bacon is for his conduct in the prose cution of the Earl of Essex; ante, vol. 1, p. 1333, as to which, see Bacon's Apology addressed to the Earl of Devonshire, printed in the second vol. of Birch's edition of his Works in 4to.” 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. II. That he first signed and directed the warrants dormants, having no authority for ⚫ the same, and yet containing many unwarrantable clauses. Resp. 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. III. 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.'-Resp. 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. Grays-Inn, and to his house, to search his Papers, for that the matters objected against him did look into his actions of 4, 5, and 7 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 to be truly set down; yet desiring that the same might not preclude him, touching his future defence, desiring a seven-night 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 Gray's Inn, to view his Papers, and to have time until Saturday come seven-night, to make his further Answer, which was more than his own request. And an order of the house was made for it accordingly. April 30. Sir Henry Yelverton was brought to the bar; when the Lord Steward informed the house, That his majesty is satisfied concerning the charging sir Henry, in this house, with the matter of Inns and Hosteries. Then the chief justice read the Charge, which was made against him on the 18th of April, with his Answers thereto, and demanded of him, Whether he now would affirm those Answers? Unto IV. 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.'-Resp. He utterly denies he made any such Docket; he did sign a Docket, that he had acquainted the Lord Chan-which he replied, "That the six Charges cellor 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. 6 V. That 3401 Quo Warrantos (to the ⚫ vexation of the people) were brought by him, touching the Patent of Inns, and but two came to trial.'-Resp. 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. VI. That he commenced divers suits in the exchequer, touching the gold and silver Thread, but did not prosecute the same. Resp. 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 bumble 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 VOL. II. against him may be reduced into two, the one of Gold and Silver Thread, the other of Inns and Hosteries. He humbly desired, therefore, that he might then Answer to every particular charge, in serie temporis.” May 2. The Lord Treasurer acquainted the house, "That he had his majesty's commands to deliver a Message to their lordships of a double nature; 1st, an Account of what was done; and, 2ndly, a Signification of what was to be done. As to the first, his highness had presented their lordships request to his majes ty, that he would be pleased, as the case then stood, to command the Seal from the Lord Chancellor. Accordingly, yesterday, his lordship, the Lord Steward, the Lord Chamberlain, and the earl of Arundel, at the king's command, went to the Lord Chancellor, and received from him the Great Seal, and delivered the same to his Majesty; who, by commission, hath appointed the keeping of it to him and the other lords with him.-To the second, his majesty hath commanded him to signify to their lordships, "That he understands sir Hen. Yelverton, being called here before them the other day, as a delinquent, answered not ag such, but as a Judge or Accuser of a member of this house, the lord of Buckingham. And whereas, in his first Speech, here in this house, he touched the king's honour; saying, He sufsered for the Patents of Inns, or to that effect, he was so far from extenuating or excusing the offence, that the last day he had aggravated the same. Wherefore his majesty's pleasure is, 4 D that himself will be the Judge as to what con- | cerns his own person; and, as to what relates to the lord of Buckingham, since he had besought his majesty that it might be left to this house, so he leaves it wholly to their lordships." This Message being delivered, the Lords conceived by it, that the king intended to take the Judgment of sir Henry Yelverton out of their hands, as touching his own honour; his majesty having been misinformed, that the Lords had referred it back to him: wherefore a motion was made, "That the house should be humble suitors to his majesty that he would be pleased not to resume this out of their hands, but give their lordships leave to continue Judges thereof." After some debate, it was resolved, That a committee of the whole house should attend his majesty at his pleasure; and that the archbishop of Canterbury, in the name of the whole house, should deliver the following Message to him: "Whereas it has pleased your majesty in a late speech to this house, to require us to do justice upon sir Henry Yelverton, in a matter concerning your own honour; since which time some words have been used in this house, which your majesty conceives do rather aggravate than extenuate his fault; whereupon your majesty did this day signify by the lord treasurer, That of what concerns your own honour, yourself would be the judge the lords knowing your majesty's tenderness of the privileges of this house, and their own zeal unto your majesty's honour, do humbly beseech your majesty to alter your resolution; otherwise, this change may strike some fear into us, that we are not held so tender and zealous, in our dutiful affections, in point of your majesty's honour, as we desire you should think us to be, and are most ready to yield due proofs thereof." Thomas Emerson be examined, touching the Message which he brought sir Henry Yelverton, from Mompesson; Mr. Attorney read the Message, which sir H. alledged in his Speech here the 30th of April; viz. That sir H. Y. was not to keep his place (of the king's Attorney General) long, if he withstood the proceedings of the writs of Quo Warranto for the Inos: the said Thomas Emerson was this day called in, and being examined, said: "I never delivered any Message unto sir H. Y. from Gyles Mompesson; but I delivered him some Speech by way of advertisement (not by way of a Message), which past from Mompesson to me concerning him, which, I confess, Mompesson imparted to me, as a Message to be delivered unto sir H. Y. viz. Mompesson told me to this ef fect: There is a business concerns sir Edw. Villiers, of the Mint-masters place in the Tower; one pretends a former grant: the rest of the king's counsel had or would deliver their opinion, That the former Grant is void in law, and the party unfit to execute the place; only Mr. Attorney opposeth; but, if he takes these courses, and refuseth to concur with the rest of the king's council, to certify his opinion in things that are honest, convenient and agreeable to law, he must not think to be Attorney a month to an end; and tell him so. But I answered, You will not have me tell him so. Yes (quoth Mompesson) I pray tell him so; and, after supper, I took him aside, and asked him whether he would have me deliver that Message to sir II. Y. or no. He answered, Yes, by any means, if you love him.-When I imparted this unto sir H. Y. he answered me, This cannot be true, for I never was in better terms with my lord of Bucks, than now; and sir Edward Villiers is one of the best friends I have, and this suit I commended to him by the May 7. The Archbishop of Canterbury re- means of one Palmer.-Sir H. Y. either by ported, "That yesterday, according to the di-word or writing, acquaints sir Edw. Villiers rection of the house, he presented their lordships Petition unto the king, humbly desiring that his majesty would be pleased that this house might continue judges of sir Henry Yelverton, for the matter concerning his majesty's honour." At which time his majesty said, That, in example of that most famous queen 'Elizabeth, when this whole house was suitors to her, he must return Answer, Answer-less.' But that this morning his majesty's Answer was, "The lords knowing they enjoy their Honours from him, and under him, he doubts not but they will be more tender of his Honour for that cause; therefore he doth return back unto their lordships the whole and final order-which time I never spake with sir H. Y. but ing of that Business of sir Henry Yelverton." May 8. The Lord Chamberlain declared, "That the king had commanded him to acquaint their lordships, That although nothing is so dear unto him as his honour: yet, as before, so he doth now, put into their lordships hands the Cause of sir Henry Yelverton, not mistrusting their affections to him, nor their judgments." Whereas it was ordered yesterday, That with this, as I heard: and sir Edw. Villiers was discontented with Mompesson for it: whereupon Mompesson came to me, to know, whe ther I had been with Mr. Attorney, and wished I had not imparted this Message unto him; and told me, that sir Edw. Villiers was much discontented with him for it. He began to wave it at the first; but afterwards yielded, that he willed me to tell Mr. Attorney of it; and afterwards Mompesson went with me to sir H. Y. and acknowledged the Speeches which were delivered by me; and they seemed to be well satisfied the one with the other, and departed friends, for ought I could perceive: since upon one business; and I never had any Speech with him touching the Patent of Inns, nor the granting of any Quo Warranto; neither had this Message any relation to the Patent of Inns, or Quo Warranto; neither did I ever bear of any message to him, touching the lord of Backingham." This was read unto him, and he did acknow ledge it to be true, and affirmed it upon b's oath. The Sentence consisted of these parts: 1. Imprisonment in the Tower. 2. A fine of 40007. 3. A Declaration of disability and unfitness to hold the place of Attorney. For that his majesty conceives that sir H. | revenue and prefit of the Crown, and also to Yelverton hath, by his second Speeches, aggra- the oppression and grievance of the subject, by vated the former, the lords directed Mr. At-raising excessive Fees and Exactions. torney General to open unto the house as well the first as the second. And Mr. Attorney, coming to the clerk's table, read: 1. Part of the copies of the first Charge upon sir H. Y. and his Notes for Answer, written in the margin thereof by him. 2. The Notes written by sir H. Y. of his second Speech. 3. The Speech abstracted by sir H. Y. out of those Notes, which he sent to the king, and which, he said, he did speak in the house, and would have spoken, if he had been permitted.-The day being far spent, the lords determined not to proceed against sir H. Y. at this time; but to take another day, to consider upon what point of those Speeches to think him worthy of censure. May 12. The Lords being put in mind, that, by a former agreement, they are to proceed this morning in the Business of sir H. Yelverton; after long consultation, a double question was propounded: viz. Sir Henry Yelverton's Speech. Under this Sentence, sir H. Y. suffereth at this day, for he is a prisoner in the Tower, removed from the place of Attorney, and the fine is leviable upon him at his majesty's pleasure. 18th of April last, he was brought to the bar in parliament; and being there charged, inter alia, with some miscarriage touching the Patent of Inns, he said, "If he ever deserved well of his majesty, it was in that;" adding, "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." 30 April, he was again brought to the bar; and, in his Speech, uttered as followeth: "I cannot but present myself this day before your highness and my lords with much fear, with more grief; for I am compassed with so many terrors from his majesty as I might well hide my head with Adam. His lordship's displeasure wounds me more than the consci 1. Whether the Words, or any of them, spoken by sir H. Yelverton, in this house, do much touch the king's Honour, as we yet conceive? 2 Whether the Words, or any of them, spoken by sir H. Yelverton, in this house, may touch the king's Honour, as we yet conceive?ence of any of these facts; yet had I rather die, Mem. Before the question was put, the house was moved to determine, That they are not concluded by assenting unto either of the two Questions; but that they may alter their opinions upon the hearing of sir H. Y.; which was agreed unto. It was also agreed, 1. To hear sir H. Y. speak, how he will explain himself, before he be censured. 2. That the first question only, and not the second, should be put; which being put, it was agreed unto. than the commonwealth should receive so much as a scratch from me.-I, that in none of my actions feared the great man, on whom they (by sir Edward Villiers and sir Gyles Mompesson) did depend, much less would I fear them, who were but his shadows; but, my most noble lords, knowing that my lord of Buck. was ever at his majesty's hand, ready, upon every occasion, to hew me down, out of the honest fear of a servant not to offend so gracious a master as his majesty hath ever been to me, I did commit them, viz. the Silkmen." Ordered, That sir II. Yelverton be brought into the Court, to answer for himself, on Monday next, and that an Order be made, and di- And, speaking concerning the Patent of Inns, rected to the Lieutenant of the Tower, to bring he said, "I cannot herein but bemoan my unhim at the time appointed, before their lord-happiness, that, in the last cause, labouring ships. The king's counsel are to make a collection of the Words, spoken by sir H. Yelverton in this house, and to confer with the Judges about them, and to deliver their opinion unto the house, on Monday next, before sir H. Y. be heard; and the king's counsel are to inforce the Words against him. Sir Henry Yelverton lately sentenced in the Star-chamber. May 14. The Lord Treasurer delivered a Petition, which sir H. Yelverton exhibited to his majesty; with his majesty's pleasure, that it be read in the house; and the same was read accordingly: Sir H. Yelverton, in Michaelmas term last, was sentenced in the Star-chamber, for breach of trust, in the unwarrantable passing of a Charter to the city of London, tending to the disherison of his majesty, both in matter of kingly power and high prerogative, and also in matter of by all lawful means to advance the honest profit of his majesty, and in this (with the sight almost of my own ruin) to preserve his majesty's honour and the quiet of the people, I am yet drawn in question, as if I had equally dishonoured his majesty in both.-When sir Gyles saw, I would not be wooed to offend his majesty in his direction, I received a message I would run myself upon the rocks; and that from Mr. Emerson, sent me by sir Gyles, That I should not hold my place long, if I did thus withstand the Patent of Inns, or to this effect: soon after came sir Gyles himself, and, like an herald at arms, told me to this effect: he had this message to tell me from my lord of Buck. That I should not hold my place a month, if I did not conform myself in better measure to the Patent of Inns; for my lord had obtained it by his favour, and would maintain it by his power-How could I but startle at this message? For I saw here was a great assuming of power to himself, to place and displace an offi cer. I saw myself cast upon two main rocks, either treacherously to forsake the standing his majesty had set me in, or else to endanger myself by a by-blow, and so hazard my fortune. I humbly beseech your lordships, to think nature will struggle, when she sees her place and means of living thus assaulted: for now it was come to this; whether I would, obey his majesty, or my lord, if sir Gyles spake true: yet I resolved, in this, to be as stubborn as Mordecai; not to stoop, or pass those gracious bounds his majesty had prescribed me.--Soon after, I found the message in part made good; for all the profits almost of my place were diverted from me, and turned into an unusual channel, to one of my lord's worthies, that I retained little more than the name of Attorney. It became so fatal, and so penal, that it became almost the loss of a suit to come to me; my place was but as the seat of winds and tenpests. "Howbeit I dare say, if my lord of Buck. had but read the Articles exhibited in this place against Hugh Spencer, and had known the danger of placing and displacing officers about a king, he would not have pursued me with such bitterness.-But my opposing my lord in this Patent of Inns, in the Patent of Alehouses, in the Irish Customs, in sir Robert Naunton's Deputation of his place in the Court of Wards: These have been my overthrow; and for these I suffer at this day, in my estate and fortune, not meaning to say as I take it, but as I know, for my humble opposition to his lordship, above 20,0007. I suffer in my estate by my lord of Buck's means; knowing well, that I suffer in my restraint justly, for my offence. My heart tells me I was faithful to him; I sought no riches but his grace." Which being read, and sir H. Yelverton brought to the bar, Mr. serj. Crewe and Mr. Attorney General opened the Charge against him; and shewed, that those Speeches of his did directly point at the lord marquis of Buck, and by consequence fastened a scandal on his majesty. And sir Henry Yelverton (having leave) explained himself touching the said Speeches, and did make his Defence unto the same Charge, which was very long. Then he was withdrawn; and ordered, That he should be brought again to-morrow in the afternoon, and at that time to be proceeded against. May 15. The lords, being put in mind of their appointment yesterday, to proceed against sir H. Yelverton at this time, it was put to the question, Whether the said sir H. Y. is worthy to be censured for Words spoken by him in this house, which touch the king's honour; and generally agreed unto by all, nem. diss. The time being spent, and most of the lords having not their robes ready, as not expecting to give Sentence against sir H. Y. at this day, they agreed notwithstanding what Censure they will give against him: viz. 1. To be fined to the king's majesty, at 10,000 marks. 2. To be imprisoned in the Tower, during the king's pleasure. 3. To make such Acknowledgment of his fault and Submission to his majesty, as shall be prescribed unto him by this court; the same to be here at the bar, either in the king's presence or in his absence, at the king's plea sure. The Lieutenant of the Tower had warning given him by the gentleman usher, to bring sir H. Yelverton hither to-morrow morning, by 9 o'clock. The lords agreed to be here to-morrow morning in their robes, and to proceed to Sentence sir H. Yelverton : 1. For the matter touching the king's Honour. 2. For the Scandal of the marquis of Buck, Lord Admiral. 3. For the matter com plained against him by the Commons. Mem. That the house agreed to move the king's majesty, to mitigate sir H. Yelverton's fine. Whereupon the Prince his highness of fered to move his majesty therein. Sir Henry Yelverton's first Judgment. SIR Henry Yelverton being this day at the bar, and the lords being in their robes, the Lord Chief Justice pronounced the Judgment, in hæc verba : "The lords spiritual and temporal of this high court of parliament do award and adjudge: 1. That he, the said sir H. 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 10,000 marks. 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." Sir Henry Yelverton's second Judgment. This Judgment being pronounced against the said sir H. 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 H. Y. 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 H. Y. 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 mat er of averment, on his part, did depend on a Message which he the said sir H. Y. affirmed was delivered him by Mr. Tho. Emerson from Giles Mompesson, the Deposition of the said Mr. Emerson, taken here in court the 8th of May, was read by the clerk, wherein the said ho. Emerson did, upon his oath, absolutely deny the said Message: and the said sir H. Y. having leave to speak for himself, and being heard without interruption, he did not give the house any good satisfaction for the scandalous |