Journal of the House of Commons: Volume 1, 1547-1629. Originally published by His Majesty's Stationery Office, London, 1802.
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Veneris, 23 Martii
Bowdler's, &c. Decree.
L. 1a. AN Act for Confirmation of a Decree made in the Court of Chancery, upon cross Bills, between Geor. Morgan, Plaintiff, Wm. Megges, Rich. Bowdler, and others, Defendants; et e contra; and to assist the said Court of Chancery, in Execution of the said Decree.
Salisbury's, &c. Nat.
Trials by Battle.
Justices of Peace.
Punishing Yorkshyre Constables.
Sir Geor. Moore: - That Sir Tho. Wentworth sent to the High-constables, to desire the Freeholders to be at Yorke, to give their Voices for Sir G. Y. and Sir Tho. Wentworth, if they thought fit. That the Constables did write, " will and require;" and left out of the Clause, " if they thought fit;" and wished them to present the Names of those, which would not. -
and the Country will think the Parliament (they being questioned, and cleared) approveth it. - That a Baron (Lord Bruce of Bremberghe) of the Realm told Roger, a Baron of the Exchequer, " Reminiscar." - Adjudged, to go up and down Westminster Hall, in his Hose and Doublet, without his Hat; to go to all the Courts; and then to go to the Tower. - Fit, these Men, for forestalling Freedom of Election and terrifying Men with as much as " Reminiscar," should go to the Tower.
Sir Geor. Manners: - That Sir Tho. Parry, last Convention in Parliament, put out of the House for it. - To have them sentenced, and fined, and then imprisoned in the Tower; and make Submission in the Country.
Mr. Brooke: - To make this exemplary to all other High-constables. - That this done by the Constables, without Ground, without Example. - That, by the Statute H. IV. the Notice to be given in pleno comitatu: So the Writ. The High-constables nothing to do in it. That all One standing for a Knight of the Shire can do, no more, than One that is to have a Trial; viz. to desire a Juror to appear, but not to give his Voice for him. - To have them committed to the Serjeant, till they go down to the Quarter Sessions; and there openly acknowlege their Fault.
Sir H. Poole excuseth One of the Constables (Stanhope) against whom nothing appeared ; and therefore is, by the former Order, to have his Charges. - That the other Two Constables have erred; yet poor, and under the Command of Justices of Peace, and ignorant.
Mr. Mallett agreeth with Sir H. Poole, for the first ; condemneth the Two last - Differenceth between " Reminiscar," and this Case. - To have the Two called in to the Bar, censured as Delinquents, and Submission at the Sessions.
Mr. Treasurer: - That this Business much ill Will between the Gentlemen of the Country - Rather to appease this, than increase it. - Excuseth them not. - Fit, at first, to have committed them to the Tower; not now they having staid Five Weeks at Charge.
Mr. Mallory : - That there are Freeholders in Yorkeshyre, to be valued more, than Mr. Mallett hath done. - Their Offence great to this House, and to the Sheriff, upon whom they have encroached. - Tower, though but a Night: - Submission in the Country.
Sir Wm. Herbert aggravateth the Offences. - These undue Preparations will procure unjust Elections. - This carried with a strong Hand. - That Impunity will give a great Encouragement. - Holdeth Stanhope an Offender. - An exemplary Punishment. - That Sir Jo. Savyle thinketh not of any particular Wrong, but as a general Freeholder. - Tower: - Submission in the Country.
Mr. Solicitor : - Offence and Punishment agreed. - Not to have them committed to the Tower; but, if they acknowlege not their Error at the Sessions, to be called again, and punished here. - To have their Acknowlegement in the Country, set down here in verbis conceptis, to avoid Differences between the Gentlemen.
Sir D. Digges cleareth Stanhope. - That the more frequent in other Parts, the more Cause of severe Punishment. - To have them censured at the Bar, and then Acknowlegement in the Country, as Mr. Solicitor propounded.
And to make an Acknowlegement of their Offence, in Writing, to be penned by Sir Geor. Moore, Mr. Solicitor, Mr. Noye. This to be done at the next Quarter Sessions, to be holden for the West Riding; and, if they shall not then do it, then to be sent for again, and further punished.
Bartyn Allott and Richard Michelthwayte called to the Bar, and kneeling, charged by Mr. Speaker with their Offences; for meddling with that belonged not to them; with undue Preparation; Warrants to Petty-constables, of Command; Menaces, by requiring the Names to be delivered, of the Refusers. They acknowlege their Offence: And they are further charged by Mr. Speaker, to make their Acknowlegement, ut supra.
Sir Tho. Row: - Not fit to question Sir Tho. Savyle, because hath produced Matter sufficient, depending upon this, against the Constables; which induced Suspicion. - Not fit discourage any that shall inform in this Case; But, for Johnson; to be sent for.
Bill of Conformity.
Mr. Chancellor of the Exchequer: - That he One of the Committees for the Bill of Conformity. - That the Proclamation extended not to discharge those in Prison for disobeying Orders and Decrees in that Point. That he acquainted his Majesty with this Omission; and that his Majesty, most chearfully rising out of his Chair, said, he embraced it from his heart. Commanded the Message to be returned in his own Words. - That this Bill hath Two Parts : The One, of the Protection of the ill Debtor. - That, for it, he not only joineth, but wisheth the House to consider, whether he ever -
Sir Edw. Coke: - That these Proclamations belong to his Majesty's Regality. - His Majesty contented withdrawing a Minute of the Proclamation. - That, being One of the Committee, he made a Project and Minute of the Proclamation. That Sir Jo. Walter and the Attorney-general have drawn a Model, for a Proclamation; which read. -