House of Commons Journal Volume 1: 23 March 1621

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.

Prohibitions.

L. 1a. An Act concerning Probate of Suggestions in Cases of Prohibition.

Salisbury's, &c. Nat.

L. 2a. - Naturalization - Salisbury, &c. - Committed to Burgesses and Citizens of London, Mr. Barkeley, Sir Jerome Horsey, Sir Ro. Askew, Mr. Sotwell: - Monday, Exchequer Chamber.

Trials by Battle.

Mr. Noye reporteth the Bill for Battle. The Bill to be re-committed; and Counsel to be heard before the Committee, on both Parts. - This Afternoon, Exchequer Court.

Justices of Peace.

Mr. Weston reporteth the Bill for Actions against Justices of Peace, &c. with Amendments; which twice read. - Engrossetur.

Punishing Yorkshyre Constables.

Sir Tho. Ballasys moveth, for the Constables of Yorkeshyre: But Resolved, To stay till the House fuller.

Sir H. Withrington moveth, a publick Punishment, for Example to all others ; because no Constable is to intermeddle in that Business.

Mr. Carvyle, contra. - Punishment enough already. - The Use there, to write, by the High-constables, " will and require."

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. -

Adviseth, that if they confess not -

Mr. Noy; - That Elections ought to be free. - If they have done ill, and go unpunished, it will encourage them ;

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 Edw. Gyles: - That an Admonition here of them as Delinquents, sufficient.

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. Nevyll: - Remembereth " Reminiscar." - To have them submit here: - Tower: - Submission in the Country.

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.

Mr. Wandesford: - That One clear from any Exception; viz. Stanhope; who sent for, but as a Witness. - To mix Justice and Mercy together. Remembereth Oxford and Rochester Case. - Poor: - Charge great.

Sir Wm. Spencer: - To acknowlege their Offence, here, and in the Country; and to be fined.

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. Chancellor of the Exchequer: - To end this by Question.

Sir Francis Seymor: - With the Justice and Mercy of this House to punish them exemplarily. - Tower, till our next Access; then only a Submission here.

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 Jo. Strangewayes: - Remembereth the Mayor of Oxenford's Offence. - That this Offence usual among the Western Constables. - Only a Submission here.

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.

Sir Ro. Phillippes: - This a Wrong to the House,therefore an Acknowlegement here; and to the Country, so a Confession there.

Mr. Hutton extenuateth their Offence : Remembereth the Mercy to the Sheriff of Leycestershyre - Not to have the Members chosen, blemished by the Punishment of these Offences.

Sir Tho. Jermyn: For the Punishment of the Two Constables. - That the Punishment here, by Censure at the Bar, and by Acknowlegement in the Country.

To dismiss Stanhope, as no Delinquent, with 5 l. Charges, to be paid by Sir Tho. Savyle. - Ordered.

..... and Michelthwayte to acknowlege their Offence, kneeling here at the Bar. - Ordered. -

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.

That, which shall be penned by the Committee, to be read and allowed in the House, before the Recess.

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.

Punishing Johnson.

Sir Tho. Wentworth appealeth to the Justice of the House, for the Punishment of one Johnson; who ordered to attend the House.

That Sir Tho. Savyle charged him directly, and hath proved nothing. - Therefore desireth the Judgment of the House for him also.

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.

Upon Question, Johnson to be sent for by the Serjeant, to be here against the next Access of this House.

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 -

For the Liberty of his Subject; demanded whether many imprisoned, or long imprisoned.

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. -

Offereth a Bill to be forthwith drawn for this Purpose.

The Proclamation drawn, read.

Thanks to be delivered the King by Mr. Chancellor Exchequer and Master of the Wards.

Mr. Noye : - That dangerous to have the Proclamation reverse Decrees.

Resolved, To consider again of this Proclamation Tomorrow Morning, before it be shewed the King; first by the Committee, and after, to be considered of in the House.

Ingrossed Bills.

All the ingrossed Bills to be read, and put to the Question, To-morrow, at half an Hour after Eight. - Resolved.

Yorkshire Constables.

The Writing, penned by Sir G. Moore, Mr. Solicitor, and Mr. Noy, containing the Acknowlegement of the High-constables, read in the House, and allowed.