House of Lords Journal Volume 3: 31 May 1621

DIE Jovis, videlicet, 31 die Maii,

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

Carolus Princeps Walliæ, etc.

Session not to be closed by the Royal Assent being given to some Acts.

HODIE 1^a vice lecta est Billa, An Act, That this Parliament shall not determine by the King's Royal Assent to some special Acts.

Hodie 2^a vice lecta est eadem Billa; and committed unto the

To meet presently, near the Parliament Presence.

Style's Naturalization.

Hodie 3^a vice lecta est Billa, An Act for the Naturalizing of Dorothy Style, the Daughter of Thomas Stile, of London, Merchant.

Put to the Question, and Assented unto.

Douglas's Naturalization.

Hodie 2^a vice lecta est Billa, An Act for the Naturalizing of Sir Robert Douglas, Knight, Treasurer of the Prince his Highness's Household.

Durham to have Representatives in Parliament.

Hodie 2^a vice lecta est Billa, An Act, That the County Palatine of Durham shall have Knights, Citizens, and Burgesses, to serve in the Commons House of Parliament.

Douglas's Naturalization.

Hodie 3^a vice lecta est Billa, An Act for the Naturalizing of Sir Robert Douglas, Knight, Treasurer of the Prince his Highness's Household.

And, being put to the Question, was Assented unto.

Bills of Naturalization to keep one Form.

Memorandum, That whereas, in the said Bill, there is a Clause, to make Sir Robert Douglas capable of any Office in the Church or Commonwealth; it is Ordered, That all Bills of Naturalization shall from henceforth observe the usual Words in the Form thereof; and the Words "to be capable of any Office in the "Church" to be omitted.

Act of Grace for Wales.

The Lord Privy Seal brought in the Bill of Grace for Wales; and reported, That the Committees had considered of some Amendments of the said Bill; and reported the same Bill, with the said Amendments, being an Addition, fit to have a Third Reading. The Addition was Twice read, and Ordered to be ingrossed.

Session not to be closed by the Royal Assent being given to some Acts.

The Lord Archbishop of Cant. brought in the Bill for the Adjournment of the Parliament, &c. with some Amendments, and an Addition, which the Committees had considered of; and with them his Grace reported the said Bill sit to have a Third Reading.

The said Amendments and Addition were presently Twice read; and the Bill Ordered to be ingrossed.

Sir John Bennet farther charged.

Sir John Bennett being called in, Mr. Attorney General came to the Clerk's Table, and opened another Part of Bribery and Corruptions, wherewith the said Sir John Bennett is charged, and the Proofs thereof: videlicet,

"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 Forty-six Pounds, Thirteen Shillings, and Four Pence. Proved by the Examination of Edward 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, Thirty-five Pounds. Proved by the Depositions of Edward Willett.

"He received of Sir Edward Scory, for the Administration of his Father's Goods, an Hundred Pounds. Proved by Sir Edward Scory.

"He contracted with Edmund Malton to have Twenty Pounds, for the Administration of the Goods of John Clovill; and, the Money being brought, there fell Five Pounds 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, Fifty Pounds; and this was by Way of Contract, Sir John pressing to have more. Proved by the Examination of Thomas Newman, Sir Robert Hichem.

"He received of John Hull, for Favour in a Suit touching the Probate of the Will of one Holman, Twenty Pounds. Proved by the Examination of John Hull.

"He received of William Huckmore, for the Administration of the Goods of Phillipp Huckmore, Fifteen Pounds. Proved by Richard Williamson.

"He received of Thomas Allen, for the Administration of his Father's Goods, Five Pounds. Proved by the Examination of Richard Williamson.

"He received of Salomon and John Mansell, for a Dividend out of their Brother's Estate, Twenty Pounds; and then gave them but Three Hundred Pounds, out of an Estate of Eight Thousand Pounds; having received, from the Widow of the Intestate, as the hath confessed, an Hundred Pounds, to the (fn. 1) Intent he should allot them no more. Proved by the Examination of Solomon Maunsell.

"He received of Sir Richard Conisby, for an Administration of the Goods of George Pollard, Twenty Pounds. Proved by Edward Willett.

"He received of Edward Willett, for an Administration, Ten Pounds. Proved by the Examination of Edward Willett.

"He received of Samuell Neast, for his Favour in proving a Nuncupative Will of John Neast, Ten Pounds (fn. 2) at one Time, and Five Pieces at another, and inforced him to pay a Debt of Five Hundred and Fourteen Pounds to one Fishburne, for which Fishburne had neither Specialty, nor so much as a Subscription of the Testator to his Book. Proved by the Examination of Samuell Neast.

"He received of the same Samuell Sixty Shillings, for making a Report into the Court of Chancery. Proved by the Examination of Samuell Neast.

"He received on the Behalf of Hester Michell, for Administration of the Goods of Edward Michell her Father, Twenty Pounds. Proved by the Examination of William Basse.

"Flower Henshaw, Widow, died intestate, in March, 1615, possessed of a Personal Estate of Eleven Thousand, Two Hundred and Forty-nine Pounds, Two Shillings, and Seven Pence; and, for the granting of the Administration of her said Goods unto Benjamine Henshaw, the said Benjamine did deliver unto Samford Two Hundred Pounds; of which Sum he verily believeth Sir John Bennett had the greatest Part, besides Ninety Pounds, Seven Shillings, and Seven Pence, to pious Uses. Proved by the Examination of Benjamyn Henshawe.

"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 Bennett had Sixty Pounds, besides a Gratuity given to Samford. Proved by the Examination of William Oland, John Ode.

"Humphrey Rascarrock, of Pynchley, in November, 1616, made his Will, and did make Phillipp his Wife his Executrix, and died; which Will being controverted, she first gave Twenty old Angels to Sir John Bennett, to have the same Will proved in common Form; and, after Sentence given, for the Proof of the said Will, Forty Pounds. Proved by the Examination of Richard Williamson.

"Dr. Tighe, in September, 13° Jacobi, 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 William Tighe, Brother of the said Doctor, could not have a Copy of the said Will from Sir John Bennett, until he had given him Ten Pieces; and afterwards, the said William Tighe having spent a great Part of his Estate about the Probate of the said Will, and being delayed therein, one Lister, Sir John Bennett's Man, said unto the said Tighe, that, if he would give unto his Master an Hundred Pounds, and a Gelding of Ten Pounds, and unto the said Lister Ten Pounds; then his Master, Sir John Bennett, 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 Forty Pieces, that then one Doctor Bancrofte, Brother to the said Executrix, should have Sentence; whereupon he procured Fifteen Pieces, and brought them to Sir John Bennett, 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; (fn. 3) 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 the Examination of William Tighe, Thomas Stiles, Richard Maxey.

"Sir Henry Middleton, Knight, 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 Forty Pounds to Sir John Bennett, 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 the Examination of Richard Williamson.

"Mary Hawley, about Six Years since, died intestate, of an Estate worth Six or Seven Hundred Pounds; and Robert Hanbury gave to Sir John Bennett Sixty Pounds, and more, for the Administration of her Goods, as it was confessed by John Ray, upon his Death-bed. Proved by the Examination of Jane Fenwicke, Elizabeth Haley.

"That Mr. Ashton, by the Hands of Phillip King, did give to Sir John Bennett's Lady a Spanish Carronet, or Girdle, about the Value of an Hundred Marks, for the Kindness he had received of Sir John Bennett, about an Administration of the Goods of Proved by the Examination of Phillipp King.

"That Richard 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 Bennett had Twenty Pounds, or Twenty Pieces, given him by the said Henbury. Proved by the Examination of Thomas Geares.

"That George Scarlett, in June, 1615, died intestate; and that Sir John Bennett would not grant the Administration of his Goods unto Peter Scarlett, until the said Peter had given the said Sir John Bennett Ten Pounds in Gold in Hand, and Five Pounds more to be paid shortly after; which was paid accordingly. Proved by the Examination of Peter Scarlett."

This being read by Mr. Attorney General, the Lord Chief Justice demanded of the said Sir John Bennett what Answer he would make unto the same; who answered to the Effect following: videlicet,

Sir John Bennet's Answer.

"I come, in all Humility, to prostrate myself at your Lordships Feet. If your Lordships expect a speedy and perfect Answer at this Time, 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 Nineteen 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 soul 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 Four Thousand Pounds, which is not above Two Hundred Pounds per Annum, since I was Judge; whereof if I cannot give good Account, I will beg my Bread all my Life."

The Prisoner being removed, the House took into their Consideration these Requests of Sir John Bennett; and, after Deliberation thereof, their Lordships were pleased to grant the same thus far: videlicet, That he, the said Sir John Bennett, should have

1. Time till the next Access of the Parliament, to make his Answer.

2. Counsel to advise with only; but no Counsel here in Court to defend his Cause.

3. Liberty to examine Witnesses ex sua parte; but not to examine any upon cross Interrogatories. And his Witnesses are to be sworn here in Court upon such Interrogatories as he should deliver and the Court allow.

4. To have Copies of the Heads of the Charge; but no Names of any Witnesses or Proofs.

5. To have Leave, at the Hearing, to take Exceptions unto the Witnesses produced against him; and the Names of the Witnesses are to be delivered him at the Hearing.

6. Liberty to search the Records of his own Court, and his own Writings.

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.

Sir John Bennet to be bailed upon 20,000 £.

It is Ordered also, That Sir John Bennett may be bailed, upon Twenty Thousand Pounds; Bonds to be taken here in Court, with such Sureties as the Court shall allow of; and, if he cannot procure Sureties that amongst them will be bound in so great a Sum, then he shall remain Prisoner with the Sheriffs of London.

Sir John Bennett being called in again, and at the Bar, the Lord Chief Justice told him, how far forth the Lords had granted his Requests; and also that their Lordships were pleased he should be bailed (prout supra).

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. Elizabeth Skorye for Eleven Hundred Pounds, which he hath of her Money, as left with him in deposito; and to satisfy the Thousand Pounds, which remains in his Hands, of Sir Thomas Bodleyes Legacy to the University of Oxon.

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 you Hands, and these Favours towards me in your Hearts, Mrs. Skoryes Money I confess due, and will give her Satisfaction for the same. As for the other Thousand Pounds, I have performed as much as Sir Thomas Bodley required, having laid out other Moneys for the University 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 One Thousand Pounds, and my Sureties in another Thousand Pounds 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.

Session not to be closed by the Royal Assent being given to some Acts.

Hodie 3^a vice lecta est Billa, An Act, That this Session of Parliament shall not determine by His Majesty's Royal Assent to some special Acts.

And, being put to the Question, it was generally Assented unto.

Conference reported concerning the Adjournment of the Parliament.

The Lord Treasurer reported the Conference with the Commons Yesterday in the Afternoon; wherein his Lordship shewed how livelily they expressed the Sense and Sorrow of that House, for the Adjournment of the Parliament; and that they remembered Three Things especially at that Conference: videlicet,

1. Their Time and Diligence employed in this Parliament.

2. The Matters of Importance there handled.

3. Their Desire to have finished them, with an Enumeration of a Mass of Business which they have entered into.

They also expressed their Grief and Passion, that they should not perform what they had promised for the Good of the Commonwealth; and their earnest Desire that the like Correspondency might be held between them, which ever hath been all this Parliament.

They desired also to know how Bills rest with us, and that we also may know how Bills rest with them, to the End that such Bills may be prepared as are fittest to pass; and that we may advise together what Course is to be taken, not only touching the Bills, but also such other Matters as they have now in Hand.

Message to the Commons.

Message to the Commons, by Mr. Attorney General:

That the Lords desire a Meeting and free Conference with them, about the same Subject that the last Conference was; the Committee of the whole House, at Three of the Clock this Afternoon, in the Painted Chamber.

Bill sent to the House of Commons.

And the Lords sent down unto them the Bill touching the Adjournment of the Parliament, with special Commendations thereof, and Desire of all possible Hasæ to expedite the same.

Answer returned,

Answer.

The Bill is received, and the Conference granted.

Part of Floud's Sentence to be performed.

Whereas the Whipping of Edward Flood at a Cart's Tail, from The Fleet to Westminster-Hall, to be inflicted upon him on the First Day of this next Trinity Term, is, by Order of this Court, dated the 26th Day of this May, suspended until the further Pleasure of the Court be known, it is notwithstanding this Day Ordered, That the said Edward Floud shall To-morrow (being the First Day of the said Trinity Term), about Eleven of the Clock in the Forenoon, be set on a Horse, bare-back, with his Face to the Horse's Tail, and holding the Tail in his Hand, without Hat or Cloak, and with Papers on his Breast, declaring his Offence; and shall so ride, from the Prison of The Fleet, unto the Pillory at Westm. and shall stand on the Pillory there Two Hours, and shall ride in the same Manner back unto Newgate, where he shall remain Prisoner during his Life.

Informers.

The Lord Treasurer brought in the Bill against Informers; and reported the Conference between the SubCommittees of both Houses touching the same; and delivered in the Bill, with the Amendments in the Title, and also in the Body of the said Bill, Agreed on by the said Sub-Committees.

Adjourn.

Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in horam 2^m, in pomeridiano hujus diei, Dominis sic decernentibus.

Post meridiem,

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

Carolus Princeps Walliæ, etc.

Durham to have Representatives in Parliament.

HODIE 3^a vice lecta est Billa, An Act, That the County Palatine of Durham shall have Knights, Citizens, and Burgesses, to serve in the Commons House of Parliament.

Put to the Question, and Assented unto.

Limitation of Law Suits.

Hodie 2^a vice lecta est Billa, An Act for Limitation and for avoiding of Suits in Law; and committed unto the

To meet To-morrow Morning, by Eight, near the Parliament Presence.

Rules to be observed in the Conference.

The House being to meet the Commons this Afternoon, at the Conference, it was Agreed, That, if the Commons shall make any new Proposition, to give them no Answer at this Time, but to consider thereof.

It was Agreed also, That the Lord Treasurer shall relate unto them the State of all Bills as they stand here, and to require of them the State of the Bills in their House; to the End that those may be prepared for the King's Assent which are most fit, and to make Report to the House of the Conference.

The Clerk read the Titles of the Publick Bills, and gave the Lord Treasurer a Catalogue thereof, and in what State they now stand.

The House being adjourned ad libitum, the Lords went to the Conference; and, being returned, the Lord Treasurer reported the same: videlicet,

No Bills to pass, but to adjourn.

That, at the Conference, after each House had acquainted the other with the State of the Bills, the Commons desired to have no Royal Assent to any Bill at this Time, for that they knew not which to chuse or to prefer before another; and that they gave many Reasons to have an Adjournment without the Royal Assent; and desired that the Parliament may be so adjourned as each House might have Power to accommodate Business against the next Access.

Judges to distinguish between the King's adjourning the Parliament, and the Houses adjourning themselves.

His Lordship moved, That the Judges do distinguish between the Adjournment of a Parliament by the King, and the Adjournment by the Houses.

Precedents produced.

Whereupon Mr. Attorney General came to the Clerk's Table, and read the Precedents of 27 Eliz. for the Adjournment of the Parliament by the Queen's Commission.

And Mr. Attorney having many more Precedents to read, touching Adjournments by Commission, it was Ordered, That they shall be read To-morrow Morning; and the Lords Sub-Committees for the Customs and Privileges to search the Records for Precedents for the Form and Manner of Adjournments of Parliament, what they find.

Adjourn.

Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 1^m diem Junii, hora nona, Dominis sic decernentibus.