Speeches here by him uttered against the said, lord marquis of Buck. Wherefore, he being withdrawn from the bar, and the said marquis also withdrawing himself out of the parliament presence, the lords spiritual and temporal having long debated the matter, their lordships did resolve, That the said sir H. Y. was worthy to be censured, for false and scandalous Words spoken by him in this house, against the said Lord Marquis; and being fully agreed on their Censure for the same, the lord marquis of Buckingham was called in; and, the prisoner being brought to the bar, the Lord Chief Justice pronounced the Judgment against him, in hæc verba : "The lords spiritual and temporal of this high court of parliament do adjudge and award: 1. That sir Henry Yelverton, knight, for his false and scandalous Words, uttered in this high court of parliament, against the lord marquis of Buckingham, lord high admiral of England, shall pay 5000 marks unto the said mar 3. quis. 2. That he shall be imprisoned. That he shall make such Submission in this court to the said lord marquis, as this court shall prescribe." This Judgment being given, it pleased the lord marquis of Buck. freely to remit unto the said sir H. Yelverton the said 5000 marks; for which the said sir H. Yelverton humbly thanked his lordship. The lords also agreed to move his majesty to mitigate sir Henry's Fine, and his royal highness the Prince offered to undertake that office. Soon after the king wholly relinquished the Fine due to him from sir Henry on the Sentence; he was set at liberty, reconciled to the marquis, and was esteemed, says Rushworth, 'a man valdè eruditus lege, in his time.'-In the succeeding reign he was made a Judge of the Common Pleas. He was author of the Reports: his father was Speaker of the house of commons, anno 1597, see 1 Cobb. Parl. Hist. 895. 119. Proceedings in Parliament against Sir JOHN BENNETT, knt. for Bribery and Corruption: 19 JAMES I. A. D. 1621. [Lords' Journals. 1 Cobb. Parl. Hist. April 24, 1621. THE Lords received a message from the Commons to this effect: "That they had received Complaints of divers exorbitant Oppressions and Bribery, committed by sir John Bennet, knt. late a member of their house, but now expelled by them for the same; that they desire a conference also about him." Agreed, that the Lords will meet the Commons at four this afternoon, in the Painted Chamber. April 25 The Lord Treasurer made report of the Conference yesterday with the commons, touching sir John Bennett; the effect whereof was, That whereas the said sir John Bennett, knight, Judge of the Prerogative Court of Canterbury, being directed by the law both what to do, and what Fees to take, he did both contrary to the law, exacting extreme and great Fees, and much Bribery; some Complaints against him were opened, with a request of the commons, that they might send up more against him hereafter, if any came unto them. The Petition of sir John Bennett unto the Lords of this house, was read; humbly shewing, that he is kept close prisoner, under the custody of the sheriffs of London, in his own house; and humbly desiring to have the liberty of his own house, upon good security. Many motions being made by the Lords, in what sort, and how far, the Petitioner should have this liberty granted him, it was at last agreed and ordered, in manner following: viz. 1236.] soner, under the custody of the sheriffs of London, in his own house; and humbly desiring that their lordships would permit him the liberty of his own house, upon good security by him given; it is this day ordered, by their lordships, That, if the said sir John shall nominate unto this court the names of such sufficient persons, that will be bail for his forth-coming, and the court shall like of their sufficiency, then, upon their bond of 40,000l. given heré in open court, be the said sir John shall have his liberty, or else he shall be committed prisoner to the Tower of London, and have the liberty thereof. And it is left to the choice of sir John Bennet, either to put in such good bail as is required, or to be committed prisoner to the Tower." May 30. The Earl of Huntingdon reported, That his lordship, and the other lords joined in committee with him, have taken divers Examinations in the Cause of sir John Bennett, Judge of the Prerogative Court of the province of Canterbury, by which they find him guilty of much Bribery and Corruption; of which a collection was made, and his lordship delivered the same to Mr. Serjeant Crewe. The Earl of Southampton also made the like Report, and delivered the Examinations, and the Collections of the Bribery and Corruptions wherewith the said sir John is charged by the same, unto Mr. Attorney General. Sir John Bennet's CHARGE. The several Collections, with the names of "Whereas sir John Bennet, knt, this day pre- the Witnesses examined for proof thereof, besented his humble Petition unto the lords spi-ing first read, sir John Bennet was brought to ritual and temporal of this high court of parlia-the har. ment, shewing, that he is now kept close pri- Mr. Serjeant Crewe shewed, That the said sir John Bennett, being Judge of the Preroga- | his brother, and James his nephew, contended tive Court of the province of Canterbury, and for administration; for 501. paid sir John, and being directed by the law what fees to take for 51. to Sampford, John the brother obtained adprobate of wills, and unto whom to grant let-ministration, which after was revoked. Proved ters of administration, he had perverted the course of law for Bribes; and, being therewith corrupted, he granted administrations contrary to the law. He charged the said sir John with these particular Bribes and Corruptions; and read the Examinations of these Witnesses, for Proof thereof: viz. "R. Luther, 1619, died intestate, without issue; Abigall his widow, requiring administration, paid 44s.; but, being opposed by Thomas. Luther (a brother), at two several times, gave sir John Bennet, 447. more; and yet he granted administration unto her and Thomas Luther jointly. Proved by the Examination of Tho. Tyler, Wm. Owen, Abigall the widow. Before sir John joined Tho. Luther in administration with the widow, he promised sir John Bennett 1007.; and, after he was joined, he gave him 120l. Proved by the Examination of Thomas Luther. "For allowance of the Administrators Accompts, sir John had 100/. to distribute amongst the kindred of the intestate, and 50l. for pious uses, and scemed discontent he had not 50. more. Proved by the Examination of John Worsley, Abigall now his wife. "William Bannester, 1615, died intestate. His widow gave to sir John 30l. 16s. for administration. Proved by the Examination of Richard Williamson, James Godscall. "Hercules Wytham claiming to be executor by will, first gave sir John 5 pieces; then Samford (sir John's man) undertook for 20 pieces more to his master, and 5 to himself, to procure him a good end; which end was against the Will. Proved by the Examination of Hercules Wytham. "Sir W. Whorwood died 7 years past. Field Whorwood, a younger son, and a daughter, offered to prove a Will; Thomas Whorwood, the elder brother, offered to prove a second Will; Badsor, the proctor, promised sir John 100/. for his hand to Field Whorwood, but paid only 341. to him, and to his man Sampford 61. Proved by John Badson. "Thomas Whorwood, by advice of Sampford, gave sir John 381, yet sir John gave Sentence against him. Proved by the Examination of Thomas Whorwood, John Babham. "George Sturges dying intestate, Francis Sturges, his kinsman, offered sir John, for administration, 201. in gold, which, sir John said, was too light; then he gave him 401. and had them. Proved by the Examination of Robert Davies, Robert Sturges, Robert Labourne. "Phillip Holloman died 1619. Phillip Hollman exhibited his father's Will; a caveat being entered, be sent by Kelvert 20 pieces to sir John for his favour; which he accepted, and demanded 201. more, which Kelvert promised, but paid not. Proved by the Examination of Phillip Hollman, Rd. Kilvert, proctor. "James Lingard, 1618, died intestate. John by the Examination of William Basse, proctor. "Robert Seyers, 1618, died intestate, his children minors. Simon Spachurst gave sir John, by direction of Sampford, 201. for administration (durante minore ætate), which was revoked two days before Spachurst was to have had a cause heard in the Chancery, which con cerned that estate. Proved by the Examination of Wm. Basse, proctor. Henry Rylye, 1610, died intestate. John Rylye sued for administration. He gave sir John 501.; and sir John procured from John Rylye nine rings, set with diamonds, pawned to the intestate for 301., but were not worth 10.; Anthony Ashly and Tho. Welles, two of the kindred of the intestate, agreed with Sampford to give sir John 304., and 10l. to Samp ford, to procure sir John to order them part of the intestate's estate; then he ordered them 300/., which John Rylye was enforced to pay; and the said 401. for the Bribe to sir John and his man. More, sir John had a piece of plate, which cost 4l. 16s. 6d., to change the great bond for true administration into a less. Proved by the examination of John Rylye, Anth. Ashley, Tho, Welles. "Jane Corne, widow, died intestate; yet Francis Winscombe pretended a Will, pendente lite. Sir John received of Wm. Pound, her next kinsman, 40., to grant him administration, which this deponent paid. Sir John would not give administration, unless he might have 401. Proved by the Examination of Lewes Lashbrooke.-The deponent's administrators in trust to perform her Will, for obtaining of administration, gave 50%. in hand to sir John, and their bond to pay 50/. more three months then next after, and 25s. for forbearing the last 50%. Proved by the Examination of John Davies, Rowland Johnson." The day being far spent, the house was moved, not to have any more read at that time; whereupon the Prisoner was withdrawn; and ordered, That he be brought hither again tomorrow morning. May 31. Sir John Bennett being called in, Mr. Attorney General opened another part of Bribery and Corruptions, wherewith the said sir John is charged, and the Proofs thereof: viz. "He received of Mr. Megges, on the behalf of Mrs. Pill, for the continuance of an administration formerly granted to her, and sought to be revoked, the sum of 46l. 13s. 4d. Proved by the Examination of Edw. Willett. "He received of the widow of Hugh Lee, for the administration of her husband's goods, wherein she was crossed by Caveat, put in by the means of Stamford, sir John's man, $51. Proved by the Depositions of Edw. Willett. "He received of sir Edw. Scory, for the administration of his father's goods, 100l. Prov ed by sir Edw. Scory. "He contracted with Edmund Malton to have 201. for the administration of the goods of John Clovill: and, the money being brought, there fell 51. more casually out of his pocket; whereupon he took that also, and would not otherwise grant the administration. Proved by the Examination of Edmund Malton. "He received of sir John Brand, for an administration of his grandfather's goods, 50.; and this was by way of contract, sir John pressing to have more. Proved by the Examination of Tho. Newman, sir Rob. Hichem. "He received of John Hull, for favour in a suit touching the probate of the will of one Holman, 201. Proved by the Examination of John Hull. "He received of Wm. Huckmore, for the administration of the goods of Philip Huckmore, 15l. Proved by Rd. Williamson. "He received of Tho. Allen, for the administration of his father's goods, 57. Proved by Rd. Williamson. "He received of Solomon and John Mansell, for a dividend out of their brother's estate, 201.; and then gave them but 300l., out of an estate of 8000l.; having received, from the widow of the intestate, as she hath confessed, 100l., to the intent be should allot them no more. Proved by Solomon Mansell. "He received of sir Rd. Coningsby, for an administration of the goods of George Pollard, 201. Proved by Edw. Willett. "He received of Edw. Willett, for an adıninistration, 10l. Proved by Edw. Willett. "He received of Samuel Neast, for his favour in proving a nuncupative will of John Neast, 101. at one time, and 5 pieces at another, and enforced him to pay a debt of 5141. to one Fishburne, for which Fishburne had neither specialty, nor so much as a subscription of the testator to his book. Proved by Samuel Neast. "He received of the same Samuel 60s. for making a report into the court of Chancery. Proved by Samuel Neast." "He received on the behalf of Hester Michell, for administration of the goods of Edward Michell her father, 201. Proved by William Basse. "Flower Henshaw, widow, died intestate, in March, 1615, possessed of a personal estate of 11,249l. 2s. 7d. and for the granting of the administration of her said goods unto Benj. Henshaw, the said Benjamin did deliver unto Samford 2001. of which sum he verily believeth sir John had the greatest part, besides 90l. 7s. 7d. to pious uses. Proved by Benj. Henshaw. Andrew More, about two years since, died intestate; the administration of whose goods was, by consent of one Clearke, and others, granted to the eldest brother of the said More; for which sir John had 60l. besides a gratuity given to Samford. Proved by Wm. Oland, John Ode. "Humphrey Rasearrock, of Pynchley, in Nov. 1616, made his will, and did make Phillipp his wife his executrix, and died; which will being controverted, she first gave 20 old angels to sir John to have the same will proved in common form; and, after sentence given, for the proof of the said will, 40l. Proved by Rd. Williamson. "Dr. Tighe, in Sept. 13 Jac. made his last will, and died; and made Mary his wife executrix, upon condition that she should prove the will in due form of law. And that Wm. Tighe, brother of the said doctor, could not have a copy of the said Will from sir John until he had given him 10 pieces; and afterwards, the said Wm. Tighe having spent a great part of his estate about the probate of the said Will, and being delayed therein, one Lister, sir John's man, said unto the said Tighe, that, if he would give unto his master 100l. and a gelding of 107. and unto the said Lister 10l. then his master, sir John, would sentence the will for him; who answered, he could not provide so much money presently, but he would put in good bonds for the payment thereof. But the said Lister said, he would not have any bonds: and that, if he would not bring his master 40 pieces, that then one Dr. Bancrofte, brother to the said executrix, should have Sentence; whereupon he procured 15 pieces, and brought them to sir John, who would not accept thereof; saying, He would not take paper for gold. And thereupon the administration of the goods of the said Dr. Tighe was granted unto the said Mary, by the procurement of the said Dr. Bancrofte; upon which the said Lister said that a halting proctor had brought gold from the said Dr. Bancrofte, and that he had over-weighed him. Proved by Wm. Tighe, Tho. Stiles, Rd. Maxey. "Sir Henry Middleton, kt. made his last will and testament, and therein made David Middleton his brother, and Henry Middleton his son, executors thereof; and that Alice Middleton the wife of the said David, did give 40l. to sir John to have the administration of the goods of the said sir Henry Middleton granted unto her, during the minority of the said Henry the son. Proved by Rd. Williamson. "Mary Hawley, about six years since, died intestate, of an estate worth 6 or 700l. and Robert Hanbury gave to sir John 60l. and more, for the administration of her goods, as it was confessed by John Ray, upon his deathbed. Proved by Jane Fenwick, Eliz. Haley. "That Mr. Ashton, by the hands of Phillip King, did give to sir John's lady a Spanish carronet, or girdle, about the value of 100 marks, for the kindness he had received of sir John about an administratlon of the goods of. Proved by Philip King. "That Rd. Hawley, about five years since dying intestate, and the administration of his goods being granted to one Henbury during the minority of his children, sir John had 201. or 20 pieces, given him by the said Henbury. Proved by Tho. Geares. "That George Scarlett, in June, 1615, died intestate; and that sir John would not grant the administration of his goods unto Peter Scarlett, until the said Peter had given the said sir John 107. in gold in hand, and 51. more to be paid shortly after; which was paid accordingly. Proved by Peter Scarlett." Sir John Bennett's DEFENCE. This being read by Mr. Attorney General, the lord chief justice demanded of sir John Bennett what Answer he would make unto the same; who answered to the effect following: viz. And it is ordered, That the king's counsel shall only open the Charge and Proofs against him, but not to inform any thing against him at the hearing. at the bar, the lord chief justice told him, how Sir John Bennett being called in again, and far forth the lords had granted his Requests; and also that their lordships were pleased he should be bailed. And the Lord Chief Justice, by commandment of the house, did admonish him not to impair his estate, but that it remain in the same plight as when he was first complained of here in court; and also to satisfy Mrs. Eliz. Skorye for 1,100l. which he hath of her money, as left with him in deposito; and to satisfy the 1000l. which remains in his hands, of sir The. Bodley's legacy to the university of Oxon. It is ordered, also, That sir John Bennett may be bailed, upon 20,000l.; bonds to be taken here in court, with such sureties as the court shall allow of; and, if he cannot procure "I come, in all humility, to prostrate myself sureties that amongst them will be bound in so at your lordships feet. If your lordships ex-great a sum, then he shall remain prisoner with pect a speedy and perfect Answer at this time, the sheriffs of London." I hope you will excuse me, as being surprized with such a tempest of affliction.-The particulars of my Answer run through the compass of 19 years, the whole time of my being Judge of the Prerogative Court of Canterbury), which doth constrain me to beseech your lordships to give me some time not only to call to mind the acts of judicature of mine own court, but to confer with others also.-I humbly desire to have a copy of my Charge; and what I am justly charged with I will confess, after I have had time to consider thereof. Those whereof I am otherwise accused (as of many), I desire (as by the law of nations I ought) to have liberty to peruse the Accusations, to exhibit cross Interrogatories, and to procure Witnesses to be examined, and to have counsel allowed me; and, lastly, I humbly beg at your lordships hands, even for justice sake, time proportionable to the multitude of these Accusations, to make my Answer. And I doubt not but so to extenuate them all, that, when your lordships shall see and consider the ground of them, you will not hold me so foul a guilty man as I am accused for. I am the first ecclesiastical officer charged in this manner, and whereas I am charged to have taken money in pious uses, amounting to a great sum, I will gage my life, that, upon proclamation made thereof, proof cannot be produced of 4000l. which is not above 2001. per annum, since I was judge; whereof if I cannot give good account, I will beg my bread all my life." Sir JOHN BENNET bailed upon 20,000l. The Prisoner being removed, the house took into their consideration these Requests of sir John Bennet; and, after deliberation thereof, their lordships were pleased to grant the same thus far: viz. " That he should have, 1. Time till the next access of the parliament, to make his Answer. 2 Counsel to advise with only; Fresno counsel here in court to defend us 3. Liberty to examine Witnesses cr parte; not to examine any upon cross Inrogatories. And his Witnesses are to be ur here in court upon such Interrogatories he should deliver and the court allow. 4. lave copies of the Heads of the Charge: it no names of any Witnesses or Proofs. 5. Oy have leave, at the hearing, to take Exceptious unto the witnesses produced against him; the names of the witnesses are to be deliat the bearing. 6. Liberty to search s of his own court, and his own Unto which sir John Bennett answered, “I do acknowledge the honourable favour of this Court, the goodness and grace of God, to put me into your hands, and these favours towards me in your hearts. Mrs. Skorye's money I confess due, and will give her satisfaction for the same. As for the other 1000l. I have performed as much as sir Tho. Bodley required, having laid out other moneys for the Univer sity of Oxford, which I intended to have done (whatsoever I may do yet) out of my own estate, had not these cross fortunes happened. As for my Bail, I am in debt and disgrace; and doubt whether I can procure bail to enter into so great at sum. I humbly beseech your lordships, that myself may be bound in 1000l. and my Sureties in another 1000!. more." Sir John Bennett being withdrawn, it was put to the question, Whether the former Order touching his Bail should stand, or to be altered according to his request; and agreed, The former Order to stand. June 4th. The parliament was adjourned. At the next meeting we hear no more of the Proceedings against sir John, than that he made his appearance to save his bail, and was or dered to attend from day to day; which proved so tedious, that he petitioned the house either to be tried, or discharged from so close an attendance. This was not complied with, and he was obliged to wait, without any Trial, till the 17th of Dec. on which day it being signified to the house, That sir John was so sick that he could not, without great danger of his life, make his personal appearance, it was agreed that the said sir John should stand upon his bail for his appearance, but not to incur any danger of forfeiture for his non-appearance, at this time, by reason of his indisposition. Thereupon the Lord Keeper acquainted the house, That many Petitions were exhibited, every morning, against the said sir John, which were much called upon. It was agreed, "That, lest the justice | and care of this house, to question the said sir John for the same, may be doubted of, notice shall be given to the petitioners that this time was designed for greater affairs, and too short now to proceed against him upon those Complaints; but that the lords did resolve, at the next access, to proceed against him effectually." As this next meeting never took place, in this reign, it is very probable, if sir John did not die of this illness, that he got off his trial and censure by the confusion of the times; for his bail would be discharged in course, at the dissolution of the parliament. 120. Proceedings in Parliament against EDWARD FLOYDE, for scandalizing the Princess Palatine: 19 JAMES I. A. D. 1621. [Journals of both Houses. 1 Cobb. Parl. Hist. 1250.] May 5, 1621. Tuesday, the 1st day of May, in the year of the reign of our sovereign lord James, by the grace of God, king of England, &c. the 19th; Ed THE House of Lords was moved to take into consideration an act, lately done by the Com-ward Floyde, late of Clannemayne, within the mons, in convening before them the person of one Edward Floyde, in examining of witnesses, giving Judgment upon him, and entering it as an act of their own. That this proceeding trenched deep into the privileges of their house, for that al Judgments do, properly and only, belong unto the Lords. Therefore, it was resolved not to suffer any thing to pass, which might prejudice their right in this point of judicature; and yet, so to proceed, as that the love and good correspondency between both houses might be continued. The Commons had been some time engaged in examining witnesses against this Floyde; and having sutficient proof of his speaking the Words he was accused of, on the 1st of May proceeded to give Judgment against him. Many arguments ensued on what punishment to inflict upon him; and, among the rest, sir Edwin Sandys said, "That the house ought to be well advised, since there was much difficulty in the case that their Sentence would be censured in a great part of the Christian world: that the root of this man's malice was ill-affection to Religion, and consequently, to the state. There were but two eminent persons before, viz. king Edward 6, and Queen Jane, who had escaped the virulent tongues of opposites in Religion. This lady Elizabeth was the third, who was much praised by all her enemies." That he was for joining with the Lords in this proceeding; was it not for the great business they had, and should soon bring before them: In the Sentence not to meddle with his religion, but his offence in tongue; for that would nake him be canonized: that the words be had spoken were words of contempt, not of slander; therefore to punish him with as much contempt as may be, &c." Sentence of the Commons. On the whole, the Commons agreed on a Sentence, which the Speaker denounced against the offender, kneeling at their bar; which Sentence, was ordered to be entered in their Journals, and is, “ Be it remembered, that upon → The princess Palatine, the king's daughter. VOL. II. A county of Salop, esq. was impeached before the Commons assembled in this parliament, for that the said Edward sithence the summons of this parliament in the prison of the Fleete, having communication concerning the most illustrious princess the lady Elizabeth, only daughter of our said sovereign lord, and the most excellent prince her husband, did use and utter, openly and publicly, false, malicious and despiteful speeches, of the said two princes; saying in this manner, I have heard, that Prague 'is taken; and Goodman Palsgrave and Goodwife Palsgrave have taken their heels, and run away; and as I have heard, Goodwife Palsgrave is taken prisoner;' and that those words were spoken by him, in most despite ful and scorntul manner, with a fleering and scoffing countenance, and with a purpose to disgrace, as much as in hun lay, those two princes; and that at other times he did, in like despiteful and reproachful manner, use other malicious and opprobrious words of them. Whereupon the said Commons of their love and zeal to our said sovereign lord, and not minding to let pass unpunished those things. that tended to the disgrace of his majesty's issue, a part of himself, who is head of the parliament, did call before them the said Edward Floyde, and thereof did question him; and thereupon so far proceeded, that after upon the same day, for that the said matters, whereof the said Edward was impeached, were true and notorious, therefore the said Commons in the Commons House assembled in parliament did adjudge and award, that the said Edward should be returned that night prisoner to the Fleete, where before he remained in prison, and to lie that night in a place there, called Bolton's Ward: and shall the next morning be brought to Westminster, into the great yard before the door of the great hall of pleas, and be there set, and stand, upon the pillory, from 9 untill 11 of the clock, in the forenoon, with a paper upon his hat, with this inscription, in capital letters, of these words; For false, malicious, and despiteful Speeches, against the King's Daughter, and her Husband;' and from thence shall presently ride to the Ex45 |