House of Lords Journal Volume 3: 30 May 1621

DIE Mercurii, videlicet, 30 die Maii,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

Carolus Princeps Walliæ, etc.

Ld. Spencer's Leave to be absent.

THE Lord Spencer hath Leave to be absent.

Anstruther's, &c. Naturalization.

Hodie 3^a vice lecta est Billa, An Act for the Naturalizing of Sir William Anstrouther, Knight Sir George Abercoony, Knight, Patrick Abercoony, and George Bellcanquall, Batchelor of Divinity.

Put to the Question, and Assented unto.

Sir Richard Lumley to sell Lands.

Hodie 3^a vice lecta est Billa, An Act to enable Sir Richard Lumley, Knight, to sell divers Manors and Lands, for the Payment of his Debts, and Preferment of his Younger Children.

Put to the Question, and Assented unto.

Hodie deliberatum fuit Clerico Parliamentorum, Breve Domini Regis de Certiorari; cujus tenor sequitur, in hæc Verba:

Cert. concerning Fines into Chancery.

"Jacobus, Dei Gratia, Angliæ, Franciæ, et Hiberniæ Rex, Fidei Defensor, etc. Dilecto Nobis Henrico Elsynge, Armigero, Clerico Parliamentorum Nostrorum, Salutem.

"Volentes, certis de Causis, Certiorari super tenorem Recordorum quorundam Finium, per Dominos Spirituales et Temporales, in Alta Curia Nostra instantis Parliamenti Nostri assemblati, in Egidium Mompesson, nuper Militem, Franciscum Vicecomitem St. Alban, nuper Dominum Cancellarium Angliæ, Henricum Yelverton, Militem, Franciscum Michell, nuper Militem, et Edwardum Flood, in præsenti Sessione dicti instantis Parliamenti, apud Civitatem Nostram Westm. tricesimo die Januarii ultimo præterito, inchoati, et ibidem adhuc continuati, tenti, impositorum. Tibi præcipimus, quod extractum Finium prædictorum Nobis, in Cancellariam Nostram, in quadam Schedula, sub Manu et Sigillo tuo, distincte et aperte, sine Dilatione, certifices, una cum hoc Breve. Teste Meipso apud Westm. 28 die Maii, Anno Regni Nostri Angliæ, Franciæ, et Hiberniæ Decimo nono, et Scotiæ Quinquagesimo quarto.

"CÆSAR Ra."

Fines certified.

Executio istius Brevis patet per Schedulam eidem annexam: videlicet,

Extractus Finium unde in Brevi huic Schedulæ annexa fit mentio: videlicet,

Quæ quidem Schedula (prædicto Bravi annexa), Sigillo Clerici Parliamenti sigillata, deliberata per ipsum Ricardo Camell, uni Clericorum Willielmi Ravenscroft, unius Clericorum de Le Petty bagge, in Cancellaria Domini Regis.

Mountague's Lands settled for particular Uses.

Hodie 3^a vice lecta est Billa, An Act for settling of certain Manors and Lands of the Right Honourable Anthony Viscount Mountague, towards the Payment of his Debts, and raising his Daughters Portions.

Put to the Question, and Assented unto.

Hospitals.

The Lord Treasurer brought in the Bill for continuance of Hospitals, with Amendments; one in the Title, and Two in the Body of the Bill; the which Amendments were presently Twice read, and the Bill Ordered to be ingrossed.

Heron.

Hodie 3^a vice lecta est Billa, An Act for Confirmation of a Judgement, given by His Majesty, in a Scire facias, in the Time of this Session of Parliament, against Henry Heron, and for Declaration of the Letters Patents therein mentioned to be void.

Put to the Question, and Assented unto.

Flood's Whipping to be suspended.

Upon the Motion of the Prince his Highness, it is Ordered by the Lords Spiritual and Temporal, in this High Court of Parliament assembled, That the Punishment of Whipping, and all that belongs to it, to be inflicted upon Edward Flood on Friday next, be suspended and forborn, until the Pleasure of the House be further known; and the rest of the Punishment to be executed, according to the former Order.

Judgement beyond Imperisonment not to be pronounced on the Day it is given.

It is this Day Ordered, That hereafter, when any Censure beyond Imprisonment be agreed on, Judgement thereupon be not given at any Time, but another Day or Sitting be taken to consider thereof, before any Judgement be given.

Report of the Committee concerning the Bp. of Landaff.

The Earl of Huntingdon reported, That his Lordship, and the other Lords joined in the Committee with him, had taken divers Examinations of Witnesses concerning Dr. Feeld (now Bishop of Landaffe); and that a Collection was made thereof; the which, with divers Letters sent up by the Commons concerning that Cause, his Lordship delivered into the Court.

Charges against him read.

The Lord Bishop of Landaffe having withdrawn himself out of the Court, Mr. Serjeant Crewe came to the Clerk's Table, and read the said Collection; which followeth in hæc verba: videlicet,

"Edward Egerton having a Suit in the Chancery with Sir Rowland Egerton, for Lands of good Value, and supposing he had some hard Measure therein, was commended to Mr. Doctor Feild (now Lord Bishop of Landaffe), for the procuring of some great Friends, to assist him in his Cause.

"Upon Conference concerning it, by Edward Egerton, with the now Lord Bishop, and to the End to procure such Assistance and Friendship, he acknowledged a Recognizance of Ten Thousand Pounds to the now Lord Bishop of Landaffe and one Randolfe Davenporte, a Gentleman of the late Lord Chancellor's, Viscount St. Alban, dated the 13th of March, in the 16th Year of the King's Majesty that now is; whereupon there was a Draught of a Defeasance conceived, but not perfected (as it seems), by which it was agreed between them, that if, by Means or Mediation of the said Conusees, or either of them, or any of them, the said Egerton should prevail, either by Decree in Chancery or at the Common Law, to recover so much of the ancient Inheritance of the said Edward as is mentioned in the Defeasance, then to pay the Lord Bishop and Davenport, or either of them, within Two Years after, Six Thousand Pounds. 15 Martii, 1618, Doctor Feild writes a Letter to Edward Egerton, in the Nature of a Defeasance of that Recognizance, which containeth that the Sum of Six Thousand Pounds is for a Gratuity to such Honourable Friends as shall be made in his Business, if he recover, by the Power of those Friends, his ancient Inheritance; or otherwise, a Third Part to whatsoever be added to that which had been formerly awarded to the said Edward in Chancery; and, if nothing were done, then he promised, in verbo Sacerdotis, to return the Recognizance.

"After this, the Lord Bishop writes another Letter, without Date, to Mr. Egerton, letting him know thereby, there was a Stay made of decreeing my Lord Chancellor's Award till the next Term, by the Means of one of my Lord Chancellor's Gentlemen, who would have conferred with Mr. Egerton; but, if his Leisure permitted not, then he required some further Warrant or Direction, to proceed further in his Behalf.

"Underneath this Letter, one Woodward, Brother in Law to Mr. Egerton, writes this Postscript to Mr. Egerton, That he thinks his Cause will do well, and that he hath assured the Gentleman he shall find Mr. Egerton faithful in his Promise; and wisheth Mr. Egerton to write to Woodward to that Purpose.

"Woodward writes another Letter to Mr. Egerton, without Date, letting him know Mr. Doctor Feild is sorry my Lord hath not sent an Answer, as he expected; but that my Lord Chancellor shall be moved this Night, for Stay of the Decree, which he hopes to get by such Means as he shall use; and that he hath assured him, Mr. Egerton would perform his Promise.

"Damport being examined in this High Court touching the Sharing of the Six Thousand Pounds betwixt him, Butler, the Lord Landaff, and others, saith, he himself should have had nothing, Butler Two Thousand Pounds, and One Thousand Pounds was thought fit to be given to the Lord Chancellor; but his Lordship knew not of it, and Butler dared not to move it. Damport and Butler meant to have shared that Thousand Pounds; for the other Three Thousand Pounds, he knew not how it should be shared. The Matter promised was a Letter from the Lord Admiral, and a Reference from the King to the Lord Chancellor.

"Francis Joyner, being examined in this Cause, confesseth, he was the Means to make Mr. Egerton and Dr Feild acquainted; and that Mr. Doctor had Conference with Butler and Damport about Mr. Egerton's Business; and that the Doctor drew in my Lord Hadington to be a Furtherer of Mr. Egerton's Business, and speaketh of the Recognizance; and that the Doctor confessed, he was trusted from the Lord Hadington, and that his Lordship was to dispose of the Money at his Pleasure.

"Tristram Woodward, being likewise examined, confesseth Joyner told him, Doctor Feild had Friends at Court; and how Mr. Egerton was drawn to the Doctor's House, and how the Recognizance was taken for Butler, and the Lord Hadington, as he takes it; but out of it the Doctor expected Recompence, as he heard amongst them, and confesseth the Postscript under Doctor Feild's Letter sent to Mr. Egerton.

"Edward Egerton saith, he agreed with Doctor Feild for the Recognizance; that he should have his Lands decreed to him; that Six Thousand Pounds was to be paid upon Event of the Suit; he was to pay the Money to Doctor Feild and Damport; but how much they should have, he knoweth not. He farther faith, that Woodward, his Brother in Law, and Doctor Feild, procured him to acknowledge the Recognizance; but he paid not for the Charge thereof.

"Being examined, confesseth, Doctor Feild told him he would bring him to one Mr. Butler, that would procure an Order from my Lord Chancellor for his Relief in his Cause, as he would desire; and thereupon the Doctor demanded a Recognizance of Ten Thousand Pounds, for Payment of Six Thousand Pounds when this Examinant should have an Order in his Cause according as he desired; the Recognizance was entered accordingly; after which this Examinant, having no Good thereby, demanded his Recognizance, who, after many Delays and a Year's Distance of Time, had the same delivered; and Woodward told him, Doctor Feild, Captain Feild his Brother, and Butler, should have Shares out of the Six Thousand Pounds; but knoweth not how much."

Proofs of the foremention'd Accusations.

Mr. Serjeant read also the Proofs: videlicet,

1. A Letter of Doctor Feild's to Edward Egerton, dated 15 March, 1618.

2. Another Letter of Doctor Feild to Edward Egerton, without Date.

3. A Letter of Tristram Woodward to Edward Egerton, without Date.

4. The Examination of Randolfe Davenport, taken here in Court the 20th of March, 1620.

5. The Examination of Francis Joyner, taken by the Earl of Huntington, and other Committees, the 22d of March, 1620.

(fn. 2) 6. Part of the first Examination of Edward Egerton.

The Bishop of Duresme repeated the Manner how this Matter was complained of by the Commons to this House, and the small Proofs thereof, nothing but an Intent (at the most) being proved. And his Lordship moved, That the Consideration hereof be referred to the Lord Archbishop of Canterbury his Grace, and he to give the Bishop an Admonition for the same, in the Convocation House.

The Lord Archbishop of Canterbury said, That Dr. Feild (the now Bishop of Landaff) cannot be excused from Brocage in Bribery, for which he is to be blamed; and moved the House, That he may bear this Fault as Dr. Feild, and not as Bishop of Landaff; and, if it be referred to his Grace, he will do that which belongs unto him.

Bp. Landaff's Business referred to Archbishop of Canterbury.

Whereupon it was Ordered, That this Matter of the Lord Bishop of Landaph shall be referred to the Lord Archbishop of Cant.; and he to be admonished by his Grace in the Convocation House, before the Bishops and Clergy there.

And the House taking into Consideration the Complaint of the Commons touching this Matter of the Lord Bishop of Landaph, and how that they lately sent a special Message to demand Judgement against the said Bishop, upon their said Complaint, and of the Examination of Randolph Davenporte, taken here in Court, who did not affirm the same unto this House upon his Oath, which he had delivered unto the Commons (as is supposed); wherefore their Lordships thought good to acquaint the Commons therewith, and to send them the Examination of the said Randolph Davenport.

Message to the Commons, concerning the Bp. of Landaffe.

Message sent to the Commons, by Mr. Serjeant Hitcham and Sir William Birde:

Whereas the House of Commons informed this House of a great Misdemeanour committed by Dr. Feild (now Bishop of Landaph); and since also hath sent to demand Judgement in that Cause. The Lords, having taken full Examination thereof upon Oath, find not the same proved upon Oath, as it seems was informed them upon Examination in their House; and, for the further Satisfaction of the Commons therein, the Lords have sent them the Examination of Randolfe Davenport.

The said Messengers were also to pray a Conference between the Sub-committees of both Houses, for the Bill against Informers, at Three this Afternoon, in the Painted Chamber.

Bills sent to the H. C.

These Four Bills were also sent down to the Commons, by the said Messengers: videlicet,

1. For the Restitution in Blood of Carew Raleigh, Esquire.

2. For the Conveyance of the Manor of Little Munden to Edward Woodhall.

3. For the Naturalizing of Sir William Anstrouther, and others.

4. For Confirmation of a Judgement in the Chancery, upon a Scire facias against Henry Heron.

Answer.

Answered,

The Commons return great Thanks for the Lords honourable and just Proceeding in the Cause of the Lord Bishop of Landaph, and for sending the Examination of Davenport; by which it doth appear, that his Examination taken by them doth differ much from that taken upon his Oath before their Lordships. Their Sub-committees against Informers will meet with the Sub-committees of this House, at the Time appointed.

It was put to the Question, Whether the Lord Bishop of Landaph shall take his Place in the House, before he receive his Admonition by the Lord Archbishop of Canterb. his Grace or not; and Agreed, per plures. Whereupon his Lordship was called in by the Gentleman Usher, and went to his Place.

Sir John Bennet's Bribery.

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 South'ton also made the like Report, and delivered the Examinations, and the Collections of the Bribery and Corruptions wherewith the said Sir John Bennett is charged by the same, unto Mr. Attorney General.

The several Collections, with the Names of the Witnesses examined for Proof thereof, being first read, Sir John Bennett was brought to the Bar.

Sir John Bennet's Charge.

Mr. Serjeant Crewe (coming to the Clerk's Table) shewed, That the said Sir John Bennett, being Judge of the Prerogative Court of the Province of Canterbury, and being directed by the Law what Fees to take for Probate of Wills, and unto whom to grant Letters 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 Bennett with these particular Bribes and Corruptions; and read the Examinations of these Witnesses, for Proof thereof: videlicet.

Richard Luther, 1619, died intestate, without Issue; Abigall his Widow, requiring Administration, paid Forty-four Shillings; but, being opposed by Thomas Luther (a Brother), at Two several Times, gave Sir John Bennett, Four and Forty Pounds more; and yet he granted Administration unto her and Thomas Luther jointly. Proved by the Examination of Thomas Tyler, William Owen, Abigall the Widow.

Before Sir John Bennett joined Thomas Luther in Administration with the Widow, he promised Sir John Bennett an Hundred Pounds; and, after he was joined, he gave him an Hundred and Twenty Pounds. Proved by the Examination of Thomas Luther.

For Allowance of the Administrators Accompts, Sir John had a Hundred Pounds, to distribute amongst the Kindred of the Intestate, and Fifty Pounds for picus Uses, and seemed discontent he had not Fifty Pounds more. Proved by the Examination of John Worsley, Abigall now his Wife.

William Bannester, 1615, died intestate. His Widow gave to Sir John Bennett Thirty Pounds, Sixteen Shillings, for Administration. Proved by the Examination of Richard Williamson, James Godscall.

Hercules Wytham claiming to be Executor by Will, first gave Sir John Five Pieces; then Samford (Sir John's Man) undertook, for Twenty Pieces more to his Master, and Five to himself, to procure him a good End; which End was against the Will. Proved by the Examination of Hercules Wytham.

Sir William Whorwood died Seven 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 an Hundred Pounds for his Hand to Feild Whorwood, but paid only Thirty-four Pounds to him, and to his Man Sampford Six Pounds. Proved by John Badson.

Thomas Whorwood, by Advice of Sampford, gave Sir John Thirty-eight Pounds, 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, Twenty Pounds in Gold, which, Sir John said, was too light; then he gave him Forty Pounds, and had them. Proved by the Examination of Robert Davies, Robert Sturges, Robert Labourne.

Phillipp Hollman died 1619. Phillipp Hollman exhibited his Father's Will; a Caveat being entered, he sent by Kelvert Twenty Pieces to Sir John Bennett, for his Favour; which he accepted, and demanded Twenty Pounds more, which Kelvert promised, but paid not. Proved by the Examination of Philipp Hollman, Richard Kilvert, Proctor.

James Lingard, 1618, died intestate. John his Brother, and James his Nephew, contended for Administration; for Fifty Pounds paid Sir John, and Five Pounds to Sampford, John the Brother obtained Administration, which after was revoked. Proved by the Examination of William Basse, Proctor.

Robert Seyers, 1618, died intestate, his Children Minors. Simon Spachurst gave Sir John, by Direction of Sampford, Twenty Pounds, for Administration (durante minore ætate), which was revoked Two Days before Spachurst was to have had a Cause heard in the Chancery, which concerned that Estate. Proved by the Examination of William Basse, Proctor.

Henry Rylye, 1610, died intestate. John Rylye sued for Administration. He gave Sir John Bennett Five Pounds; and Sir John procured from John Rylye Nine Rings, set with Diamonds, pawned to the Intestate for Thirty Pounds, but were not worth Ten; Anthony Ashly and Thomas Welles, Two of the Kindred of the Intestate, agreed with Sampford to give Sir John Thirty Pounds, and Ten Pounds to Sampford, to procure Sir John to order them Part of the Intestate's Estate; then he ordered them Three Hundred Pounds, which John Ryly was inforced to pay; and the said Forty Pounds for the Bribe to Sir John and his Man. More, Sir John had a Piece of Plate, which cost Four Pounds, Sixteen Shillings, and Six Pence, to change the great Bond for true Administration into a less. Proved by the Examination of John Ryly, Anthony Ashley, Thomas Welles.

Jane Corne, Widow, died intestate; yet Francis Winscombe pretended a Will (pendente lite). Sir John received of William Pound, her next Kinsman, Forty Pounds, to grant him Administration, which this Deponent paid. Sir John would not give Administration, unless he might have Forty Pounds. Proved by the Examination of Lewes Lashbrooke.

The Deponent's Administrators in Trust to perform her Will, for obtaining of Administration, gave Fifty Pounds in Hand to Sir John, and their Bond to pay Fifty Pounds more Three Months then next after, and Twenty-five Shillings for forbearing the last Fifty Pounds. Proved by the Examination of John Davies, Rowland Johnson.

Summa Totalis.

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 To-morrow Morning.

Message from the Commons, concerning Parliamentary Affairs.

Message from the Commons, by Sir Edward Cecill and others:

That the House of Commons do desire a free Conference, touching the Parliamentary Affairs of the Kingdom; the Time and Place, and Number of Committees, they leave to their Lordships.

Answer,

Answer,

The Messengers being withdrawn, and (the Answer being agreed on) called in again, they were answered, That the Lords will give them a Meeting, and a free Conference, at Four of the Clock this Afternoon, in the Painted Chamber, with a Committee of the whole House.

Sir Edward Cecyll (with Leave) explained himself, videlicet, That the Conference is desired, to accommodate the Businesses of the Parliament before the Recess.

The Adjournment of the House was put to the Question, Whether to Eight of the Clock To-morrow Morning, or at Nine; and Agreed, per plures, to be adjourned unto Eight.

Adjourn.

Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 31^m diem instantis Maii, hora 8^a, Dominis sic decernentibus.