House of Commons Journal Volume 1: 20 May 1626

Sabbati, 20o Maii

Privilege - Arrest of a Member.

Mr. Pymme moveth for Mr. More, that he was arrested 23o Febr. 22o Jac. during the Privilege of Parliament; and a Trial upon it at the Assises at... sitting the Parliament at Oxford, whilst a special Order to restrain Absence. This upon a Nihil dicit; because he, nor his Counsel, appeared there.

Upon Question, a Letter to be written to the Judges of the King's Bench, to desire them to stay the Judgment there, until the Business be examined here concerning Mr. More his Privilege.

The Case referred to the Committee, formerly appointed to consider of Sir Ro. Howard's Privilege: - To meet this Afternoon, in the Exchequer Chamber: And Mr. More to give Notice to the other Part.

Privilege - Imprisonment of a Member.

Motion made, concerning Sir Jo. Ellyott; whether he be to come and sit here, having been accused of high Crimes, extrajudicial to this House.

Sir Jo. Ellyott sent for, to come into the House : And coming, and taking his Place ; Mr. Vice-chamberlain not to charge him, but to give him Occasion to discharge himself of whatsoever might be objected against him, for any thing passed from him at the Conference -

That all the other Seven used respective Words against the Duke. That for the Manner of his Speech, it was conceived, it was too tart and harsh to the Person of the Duke.

In the Matter: 1. Representing a Character of the Duke of Buckingham's, Mind comparatively with a strange Beast called Stellionats. This not in his Charge.

Something contrary to the Mind of the House: As, his not knowing of the Return of the Ships out of Fraunce.

- " They say they are come, but I know it not." Which might be conceived to be a Doubt of the House, he saying, in Obedience to the House he spake it. -

" That Man" - In all Languages this Phrase accounted base ; and a great Indignity, to be used to Persons of Honour. -

The Offence, sounding very ill abroad, were historical Comparisons, 1. Of Sejanus: 2ly, Of the Bishop of Ely, " Audax, superbus, adulator" - Speaking of Sejanus, said, " he would not touch his Venefices, and Veneries." Wherein he was conceived to aim at the Duke. -

The Main, that he cut off the Words of the last Charge with some Words out of Cicero; as if something were in the Charge covered, which might be discovered. All this spoken to the End supra.

Sir Jo. Ellyott: - That it was Yesterday, half an Hour past Eleven, before he heard of the Warrant for his Enlargement. - Giveth Thanks to Mr. Vice-chamberlain, for his plain Dealing with him, and ministering him Occasion to clear himself: Desireth, the Particulars against him may be particularly charged; and so he may answer them One by One. -

Moved, that if any in the House will charge him further, they may now charge him; that he may answer them severally. -

1. For the Stellionatus. - That, for his Honours, Offices, &c. he sailed with his Ambition. For his Deceit, and Fraud; because no Word could decypher it, he used the Word Stellionatus; which is a Beast of so many Colours, as one, beholding it, cannot tell of what Colour it is. The Instances herein, was his Fraud, in drawing Money from the Merchants: 2ly, His getting the Merchants to transport their Ships into Fraunce, there to entrap them.

- To abuse the King herein : To abuse therein the Parliament. - All these under this Word Stellionatus.

2. For his saying, he knew not the Ships were come; and this, in Obedience to the House; confesseth, he said, he did not know, though he did hear, they were returned : For it is true, he heard it in this House; but neither then nor yet, knoweth [it.]

3. For the Words, " the Man:" - Speaketh not by the Book, but suddenly : Did oft use his Titles, but, for Brevity, used the Words, "the Man;" which used in all Languages. - Ipse, ille. - Thinketh it not fit, at all Times, to reiterate his Titles: and yet thinketh him not to be a God.

4. For Sejanus, and the Bishop of Ely. - 1. For the last: 1. The Exhausting, and luxurious Employing, of the King's Revenue: 2. Conferring Honours upon obscure and unknown Persons: 3. Boldness: 4. Pereat ne omnes pereant,

For Sejanus: He paralleled him in Four Particulars; viz. ..... -

For Veneries, and Venefices; he spake it only exclusively : He intended it not. If applied by him to himself, prayeth his Misapplication may not make that, which he never intended, to be his Fault. He protesteth, he, in none of these Examples, to parallel Times, or any other Person, but the Duke. -

For the Cutting off the last with the Words of Cicero; that this fell not from him in the Conclusion: - And relateth the Particulars of his Words, and, as he remembereth, the very Syllables. -

For the Manner of his Speech; - too much Vigour and Strength : - Will not excuse his Defects in Nature; but then did, and ever in this House, desire to avoid Passion; only desired to discharge his Duty to this House, with the best Life he could.

For exceeding his Commission; he desireth to understand Particulars, wherein; and then he will give an Answer.

Sir Jo. Ellyott of himself withdrew, the House refusing to order his withdrawing.

Upon Question, Sir Jo. Ellyott hath not exceeded the Commission given him by the House, in anything passed from him in the late Conference with the Lords.

Ditto.

The like for Sir D. Digges. - Both, without One Negative.

Remonstrance.

The Committee for the Remonstrance, to meet at Two Clock this Afternoon, in the former Place.