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mittee of grievances. Mompesson was charged from thence came the civil wars, and so much for the monopoly of licensing inns and ale- blood ; but the same parliament could never bouses, &c. He confessed his crime at the extirpate the House of York till they garbled committee, and before the House ; and the it. If once you pass a resolution, " That an next day, upon the report, the House re- information upon a bare averment must be nesalved to go up to the Lords to impeach him : cessarily followed with commitment,” I would then, and not till then, he was committed. He know, whether you garble not the House ? But confessed the crime he was charged with, and consider the consequence; no man's innocence for fear of flight he was committed. Sir can save him, if his testimony is not heard till Edward Coke delivered it as the opinion of the his trial. I would know, whether the gentleeotumittee, " That, unless some persons would men, who would commit Seymour, think he undertake for his forthcoming, he should be cannot find security for his appearance ? There secured by the serjeant.” After this vote for is no likelihood that Seymour should shun his his commitment, the Commons addressed the trial. I move, “ That he may not be comLords, and both the king, to issue out a pro- mitted.". clamation to take him, being fled. Sir John Mr. Harbord. The chairman was directed Bennet's case was much the same, for exor- to report what he did, and no more, and the bstances in a count of judicature. Sir Edward committee, if there be occasion, will justify it. Sackville made the report, “That he had I did not eite Hall's case, but the journals were taken many bribes, and had committed extor- brought to us, and none beyond 1640; some tions in his office.” Bennet was not in the few notes the committee were forced to use, House ; he was sick, and was heard by his and those were brought by Mr. Petty, which counsel at the committee, and the House we took to be authentic. If we had made no would not suffer them to be judged, till they search but in the Journals, they were so imwere beard in their places. Bennet continued perfect, that we should have had no precehis excuse of sickness, and his counsel being dents at all
. Tredenham told you of the asked, “ Whether he would confess, or deny, 1 Speaker, Thorpe, arrested in Hen. 6's time, the charge,” they said “ Neither.”' Where- 1 &c. I would preserve the privilege of your upon the House came to this resolution, “That members, but I remember about ten years ago, Bennet is faulty ;” and so he was ordered there was a design to turn out eight or ten into safe custody of the sheriffs, &c. to be members who voted against the Court. I laid committed to the Tower of London. The other my hand to the work, and to prevent it, I precedents reported are foreign to this case be- searched the outlawry-office, and found 56 fore you. They were committed upon the no- members outlawed, and Mr. Seymour sat many toriety of the thing, and suspicion of fight. years in the chair outlawed. I pulled that Penn's was only suspension of the House, and out of my pocket, and saved those eight
or ten Bruskard
, for his fight, was expelled, and an by it that were designed to be turned ont. I impeachment voted against him; but nothing know not whether Seymour will run away. i of commitment. As for Shepherd's case, 27 have told you, that my opinion is, to secure Elizabeth, I know not where Harbord finds him ; do as you please. it; it is not in any journal of that time. As for Sir William Pulleney. I observe that, upon Hal's case, nu doubt but this House has commitments, &c. the person accused was power of judging their own members : it was either committed upon confession of the fact, for a book reflecting
upon the proceedings of or flight. But it is moved, " That witnesses this House, and so judged, “ upon the House be produced against Seymour.” But if he itself", You are upon prosecuting Seymour should know before-hand what they can say in the Lords House, and so I suppose your against him, they may be corrupted, or mecommitment of him is in order to his custody, naced out of their evidence. But when you Dot his punishment. In cases of information, have given your judgment that you will imyou have not expelled a member without wit- peach a man, there is no precedent to be found nesses being heard. It has been moved, that, when a judgment of impeachment has "That Mr. Seymour might be secured.” 1 been found and carried up to the Lords, that appeal to you whether an impeachment be not you should say, your
member is not in custody. the severest charge? It has always been, that it does tantamount prove a vindication. When members of the House are free from arrests, the Commons came to the Lords House with omless in case of felony, treason, or breach of the impeachment of Bennet and Mompesson, the peace. Have you a mind to think fit that they had imprisoned
them; and to produce Seymour be committed for an accnsation that proofs before that time may be dangerous, and Westminster-Hall does bail? For liberty of a of very ill conséquence. man's person is as essential here, as liberty of Sir Chris. Musgrave. There is a great deal speech. In Hen. 6's time (it was an unfortu- of difference betwixt Mompesson's and Bennet's pate age, I wish ours more fortunate) the case and that of your member. To preserve duke of York then aiming at the crown, no your privileges, it is the best way to go by anBeste man stood so much in his way as Thorpe, cient precedents : Mompesson's witnesses were el fan arrested him. This parliament did what There is a great deal of difference betwixt : they could for the House of Lancaster, and bare assertion against a man, and when you
are assured of evidence. One reason why manded the said Articles to be read. (See p. Mompesson was secured, was, because nobody 428.) would answer for his forth-coming. If his The House being acquainted, “ That Edcommitment was a punishment, yet if Seymour ward Seymour, esq. was attending at the door, was charged in Westminster-Hall, as the first to receive their lordships' pleasure ;" he was and second articles are, they would take se- called in ; and being brought to the bar, and curity for his appearance. Why will you then kneeling, the Lord Chancellor told him, “ 'That confine him ? And it may be the Lords will there are Articles of Impeachment, for high set him at liberty. You will punish that judge, Crimes and Misdemeanors, brought from the I believe, that will not bail a person that is House of Commons against him, which he bailable by law. Seymour may be forth- should hear read.” Which being read; be decoming upon security for his appearance, and sired he might have a copy of the Articles, and therefore I would not commit him.
a short time given him to put in his Answer · Mr. Garroway. Methinks you are irregular, thereunto; which he is ready to do. and a little aforehand with it. You must vote, Ordered, by the Lords spiritual and tempo. “ That the Articles must go to the Lords ;' ral in parliament assembled, That Edward Sex, else Seymour will stand committed, and nothing mour, esq. may have a copy of the Articles of will appear against him. Sir John Bennet Impeachment brought up by the House of was bailed by the sheriff of London ; and if Commons against him. 80, Seymour may be bailed to be forth-coming,
December 23. and there is no danger of his escape, in this case of misdemeanor ; therefore put the ques- This day being appointed for Edward Sey. tion first for ingrossing bis Articles.
mour, esq. to put in his Answer to the Articles Sir William Poulteney reports from the Commons against him, he was called for. And
of Impeachment brought from the House of Committee
appointed to put the Articles against being at the bar, the Lord Chancellor asked Mr. Seymour into the form of an impeachment, him, If his Answer was ready? He acknowThat the said Committee had agreed upon a form : which he read in his
place ; and after- ledged it to be a high and great favour to him wards, delivered the same in at the clerk's commanded to answer so soon as this day. He
from this most honourable House, that he was table : where the same being twice read, was, said, His Answer was short, plain, and true; upon the question, agreed to. Ordered, " That the said Articles, so agreed while he was at the bar, as followeth ·
and so delivered in his Answer, which was read upon, be ingrossed.
** Ordered, “ That Mr. Seymour be taken “ The Answer of the right honourable EDWARD into custody of the Serjeant at Arms attending SEYMOUR, esq. to the Articles of Impeachthis House, for securing his forthcoming, to ment exhibited against him by the Comanswer to the Impeachment of this House mons assembled in Parliament. against him, until he shall have given sufficient security to this House, to answer to the said self all advantage of exception to the incertainty
“ The said Edward Seymour, saving'to himimpeachment. Ordered, “ That the Serjeant at Arms at- all benefit which by the laws or statutes of this
and insufficiency of the said Impeachment, and tending this House, be impowered to receive kingdom he may have for his defence against security for the forth-coming of the said Mr. the matters therein charged, humbly answereth Seymour, to answer to the impeachment of
and saith, this House.”
“ To the first Article: That this Respondent, Then sir William Portman, Mr. Ash, and being Treasurer of the Navy, did receive of the others, proffered their security, &c.
monies raised by the act of parliament menSir Thomas Lee. It is not an ordinary case tioned in the said first Article, for building 30 for a member accused to have so many ac- ships, the sum of 498,2411. 1s. 10d and no quaintance to proffer security for him. You more; all which this Respondent did apply to know therefore that you have made an offer to the uses mentioned in the said act, as by this impower the serjeant to take his security.* Respondent's accounts, ready to be produced to
this honourable House, doth more at large apHouse of Lords, December 21, 1680.
pear. And this Respondent saith, he did not A Message was brought from the House of lend 90,0001, or any other sum, parcel of the Commons, by sir Gilbert Gerrard, knight, and monies raised by the said act, to any person others; who did, in the name of the Commons whatsoever. assembled in parliament, and in the name of all
“ To the second Article: This Respondent the Commons of England, impeach Edward saith, That he had 40,000l. parcel of the moSeymour, esq. for several high Crimes and Mis- nies raised by the act mentioned in the second demeanors and Offences; and was commanded Article, in his hands, at the time of the treaty to exhibit Articles against him for the said high between the commissioners of the nary, and Crimes and Misdemeanors. The House com- the Eastland merchants, mentioned in the se
cond Article. But this Respondent denieth See the Case of Warren Hastings, A. D. that he ever promised the said merchants to pay 1788, in this Collection.
them the said 40,000l, or any part of it. And
this Respondent further saith, That, before the | desires, your lordships will be pleased to apsaid Eastland merchants did bring this Re-point some speedy time for his trial and to asspondent any bills signed by the commissioners sign bim counsel learned in the law, to assist of the nary to be paid, this Respondent had him in his defence. And your Petitioner (as in paid the said 40,000l. by virtue of several or- duty bound) shall ever pray, &c. ders assigned upon him, to be paid for the uses,
“ Edw. SEYMOUR.” and according to the directions of the said act.
* To the third Article : This Respondent Mr. Seymour being called in ; he was asked, seith, That he was Speaker of the House of " What counsel he did desire?” And he named Commons before he was Treasurer of the Navy; Mr. Pollexfen, Mr. Keck, and Mr. Thursby. and that
, to support the dignity of the place of A Message was sent to the House of ComSpeaker, his majesty was graciously pleased to mons, by sir Miles Fleetwood and sir Adam grant unto this Respondent the yearly salary Oateley: To acquaint them, that the Lords of 3.000l. ; which, to avoid the charges and have received a Petition from Mr. Seymour, trouble of the Exchequer, was paid out of the wherein he desires a day may be appointed for msaies directed for secret service; which this his speedy Trial; that their lordships, finding Respondent doth acknowledge was paid, as well no issue joined by replication of the House of daring the times of prorogations, as during the Commons, think fit to give them notice hereof, émes of sessions.
Ordered, That Mr. Pollexfen, Mr. Keck, * To the fourth Article: This Respondent and Mr. Thursby, be, and are hereby, at the saith, That the matters therein charged are so desire of Edward Seymour, esq. assigned to be general and uncertain, that this Respondent can of counsel for him, in order to his defence upon make no particular answer to the same: but his trial, upon the Impeachment of the House sure he is, that he did not act alone in any thing of Commons, whereby he is charged with high as a commissioner of the prizes, but jointly crimes, misdemeanors, and offences. with others, according to his commission ; and
House of Commons, January 3, 1681. did never commit any such fraud and deceit, as in the said Article mentioned.
The Answer of Edward Seymour, esq. to the « Al which he humbly offers to the consider by the Commons, assembled in parliament, was
Articles of Impeachment exhibited against him ation of this honourable House.
read. 6 EDWARD SEYMOUR."
Ordered, That a Committee be appointed to The Lord Charicellor asked him, “ If this prepare Evidence against Mr. Seymour, and were the Answer he would abide by?" He said, manage the same at his Trial. They are to sit • It was; and withdrew.
de die in diem : And are impowered to send for Ordered, That a copy of this Answer be sent persons, papers, and records. to the House of Commons.
House of LORDS, January 8, 1681.
Ordered, That Saturday the 15th day of this A Petition was presented to the House, from Trial of Edward Seymour, esq. upon the Arti
instant January is hereby appointed for the Edward Seymour, esq. ; which was read, as followeth:
cles brought up against him by the House of
Commons, whereby he stands" charged with * To the right honourable the Lords spiritual
several high crimes and misdemeanors. and temporal in Parliament assembled :
A Message was sent to the House of ComThe humble Petition of Edward Seymour, win : ' To let them know, that this House bave
mons, by sir John Coel and sir Timothy Baldesquire;
appointed the 15th day of this instant January, * Sheweth ; That whereas, for some time, for the Trial of Edward Seymour, esq. upon the he hath lain under the weight of an Impeach- Articles brought up against him by the House ment from the House of Commons, of several of Commons this day sevennight; and that the high crimes and misdemeanors, to which he Commons may reply, if they think fit. hath giren an answer to your lordships; and soce lue is in no manner guilty of the Articles Two days after this the parliament was proke stands charged with, that his truth and in- rogued by his majesty to the 20th of January, nocence may be fully manifested, he humbly and soon after was dissolved.
276. Proceedings against Lord Chief Justice SCROGGs before the
Privy Council; and against the said Lord Chief Justice and
other Judges in Parliament.* 32 CHARLES II. A. D. 1680. PROCEEDINGS BEFORE THE Privy COUNCIL. tempt of the king, his crown and dignity, did ARTICLES OF Higu MISDEMEANORS, humbly of before him of High Treason, without their be
set at liberty several persons accused upon oath fered and presented to the consideration of ing ever tried, or otherwise acquitted ; a his most sacred Majesty, and his most namely, the lord Brudenell, &c. honourable Privy Council, against Sir William ScroGGS, Lord Chief Justice of and others, [See vol. 7, p. 589, of this Col:
II. That at the Trial of sir George Wakemau the King's Bench; exhibited by Dr. lection), at the Sessions-house in the old Oates, and Capt. Bedlow, 31 Car. 2.
Bailey, for High Treason, the said Lord Chief 1. THAT the said Lord Chief Justice, con- Justice (according to the dignity of his place
) trary to bis oath, the duty of his place, in con- managing the said trial, did brow-beat and
Roger North, whose representations, how. King's Bench, for two or three matters that ever, are always to be received with caution, passed there while he sat as judge in that has interwoven his character of Scroggs, Jones court. One was the refusing to present to the and Weston into the account which he gives king a petition of the Grand Jury of Middlesex of these proceedings against them :
about sitting of the parliament. If that was a “Mr. Justice Jones was a very reverend and crime, it was a very slight one; nor do I think learned judge, a gentleman, and impartial ; any man of law will say that the judges are but, being of Welsh extraction, was apt to bound to carry all the crudities of jury-men to warm, and, when much offended, often the king, but are to use their discretion. Their shewed his heats in a rubor of his countenance, address, of that sort, is no part of their office ; set off by his grey hairs, but appeared in no other nor do they, in any respect, represent the disorder; for he refrained himself in due bounds county; they are taken • 'de Corpore Comi. and temper, and seldom or never broke the lawstatus,' and not pro, nor have any authority to of his gravity. There are, in the Report of bind the country in any thing ; but, as to all the committee, certain relations tending to ac- matters, out of the crown law, they are as cuse divers of the judges ; and we know how single persons and not ajury, nor is any magissuch matters came ready cooked and dressed trate, or other person, bound to go on their up by party men to serve turns, and are pre- errand. Another great sin of that court was sented, with the worst sides forwards, to an as- the discharging the Grand Jury three days besembly then willing to take every thing in the fore the end of the term, while they had worst sense, and who, from superficial colorus, divers bills before them to present; among conclude deep in substances ; which matters, which was an indictment of recusancy against passing without hearing, but of one side only, the king's brother the Duke of York. This are not much to be regarded. Of this sort was discharge, they said, was precipitous and una story from Taunton Dean of the punishment usual, and done on purpose to stop that indictof one Dare, the very person that affronted the ment, which was an obstruction of the justice of king with a petition, as I touched before. [A peti- the nation. The jury here, it seems, were not tion from Taunton Dean was
brought up by a man ignoramus, though 'from the same shop we whose sirname was Dare: He, with his fellows shall soon hear of a total obstruction of justice, waited upon the stairs of the House of Lords, and no crime at all to be found. But now, to and, as the king came down, put the roll into his examine this affair of the judges, first it is ab. hand ; the king asked, How he dared do that? solutely in the judges discretion when to de Sir, said he, my name is Dare. But he had termine a session, and when to detain or dis better been asleep elsewhere ; for he was af charge Grand Juries ; and · de officio judici terwards caught speaking seditious words, and non datur exceptio.? But what did it hinder was punished by the judge of Assize ; and an Indictment, that is the cause of the crown the judge, who was then ”Mr. Justice Jones, and who else is concerned in it? But for wha being pressed to intercede to the king for him, end ? Not for any real effect, for such a bi answered, He knew no favour he deserved ; may be Non Pros. or pardoned the next rno which was afterwards put among the sins of ment. What then? To be a public affront the judges, p. 543.) This judge, it seems, upon the king and his brother ; and that if the king n legal conviction for seditious words spoken, had stopped such an Indictment, they migh inflicted such punishment as he thought the have it to say, in order to rebellion, that ther erime deserved ; and, being pressed to inter- was no justice to be had against papists, and cede with the king for his majesty's favour they must right themselves. Now was it not to him, answered he knew no favour he deserv- very careful provision of the court, by using ed. There was one of the sins of that judge. discretion the law undoubtedly entrusts the There was nothing more in particular; but he with, to stop such an inconvenience, and so was taken in, with the other judges of the as it went off silently and without noise ? B curb Dr. Titus Oates and Mr. William Bedlow, that case; and encourage the jury impannelled two of the principal witnesses for the king in and sworn to try the malefactors, against the faction are the only masters of discretion, and proceeding, viz. the King's Bench by indictwill not allow the liberty of any to their su- ment or information, having no ground by law periors.
or precedent to proceed for offences, extra to "The next matter, which was highly aggra- the court, otherwise. And when a book is conrated against the judges of the King's Bench, vict of crimné, it may be part of the judgment as such an illegal invasion of property as had quod non ulterius imprimatur,' which will not been heard of since William the Conqueror, bind the person defendant. But how inept this was a rule made by that court, that a certain method is to stop such a Protean mischief, after book-- Liber intitulatus, The Weekly Pacquet a little time, may become sensible. But admit of Advice from Rome, non ulterius imprima- it not to be a clear case on the court-side, there tur.' The case of that book was this. The was ground enough for the court, as they say whole labour of the faction at that time was good judges do, to resolve it for their own jubent in make popery as odious and dreadful in risdiction ; and errors in judgment of courts of the minds of the common people, as was pos- justice are not criminal, but corrigible by susible ; for then the inference of course was, perior authorities. Therefore, in quiet times, All this you are to expect from the Duke of this question had been carried into the House York, and that the king and the duke are all of Lords by a petition of the printer, if he had one, ergo, &c. Upon this design a weekly thought himself grieved ; and then there had libel came forth entitled as above,
which, under been a due consideration of the law, and the the mask of telling all the extravagant legends king's counsel had been heard upon it
, and the of popery in a buffoon style, continually re- determination authentic, as upon a writ of error ; flected on the government of that time; and or occasion might have been taken by a short po that collection went on and was pub- clause in an act of parliament, to have declared lished in pieces, which the zealous gathered the law one way or other. There should be together most religiously, and now would ex- always a distinction between corruption and erchange for
any softer sort of paper ; for ror; the latter, if Westminster Hall may be nothing grows so insipid, as old 'state heard in the case, is no crime, nor is it, with bibels. The printer I think was one Lang- any aggravation, to be actionable at law. And, ley Curtis, or
one Janeway, and had upon the reason of these instances, it seems been informed against, and, I think, convict and that to proceed by impeachment, for error in panished for some of them. But it was an judgment, as for crime, is contrary to the poabuse not easily corrected; for, the outward licy of the English constitution; in which the pretence being against popery, to be accused authority of courts of justice is sacred, and the for that was to be accused for taking the Pro- exorbitances of them, when they happen, should testant side against popery; and every week be set right without exposing to contempt either they varied, so that a conviction of one did not the persons of judges, or the reverence due to extend to the next, and no ordinary judicial their stations, lest what is got in the shire, is order could reach it. Thus it was very hard to lost in the hundred. But it is seldom found met with this inconvenience, which may hap- that, when persons are fallen upon in an heat, as pen, at any time, when popularity runs very upon the vindicative turns of parties, any decohard against any government. At length the rum is observed, or due steps taken ; for they csperiment of this rule was made, but, I think, will always be too long or too short. Thus far it went no farther, nor was the printer taken concerning the King's Bench,
as a court, and up for any contempt of it ; but it was enough ; its legal jurisdiction ; which, in this instance the rule itself was shewed, and, as I said, made also (but in nothing more) touched Mr. Justice a great noise. I do not remember much agi- Jones. tation about the reason upon which the court of “ The case of Mr. Baron Weston was very King's-Bench took this authority of making a extraordinary indeed; he was a learned man, provisional order upon them ; but it seems not only in the common law, wherein he had a grounded on that law which takes away the refined and speculative skill
, but in the civil and Star-Chamber; for it is therein declared, or imperial law, as also in history and humanity the judges have resolved, that all jurisdiction in general. But, being insupportably tortured which the Star-Chamber might lawfully ex- with the gout, became of so touchy a temper, ercise
, rested by law in the court of King's and susceptible of anger and passion, that any Beach. And it is well known that the Star- affected or unreasonable opposition to his opiChamber made provisionary orders, as well as nion would inflame him so as to make him appunitive decrees, to obviate great offences ; and pear as if he were mad; but, when treated that some, as Hales (in a posthumous piece) al- reasonably, no man ever was more a gentleman, lows, though the originals
are not extant, may obliging, condescensive, and communicative be ingrafted into the usage of the common law; than he was. Therefore, while a practiser, he especially in matters of public nusances. With was observed always
better in arguout doubt the point was controvertible; for it ing solemnly, than in mauaging of evidence ; might be said on the
other side, true, but then for the adversary knew how to touch his paseach court must follow the nature of their sions, and make them disorder him, and then