Journal of the House of Lords: Volume 3, 1620-1628. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 2 die Aprilis,
Increase of Trade.
Earl of Banbury's Precedency.
Some Earls of an older Creation, yield him Precedency during his Life.
The Earl Marshal reported, That, according to the Direction of this House (31 Martii ultimo præterito), the Lords Committees for Privileges, etc. had treated with divers of the Earls, who are interested in the Precedency granted to the Earl of Banbury; and these Lords undernamed had given their Answers concerning the same: videlicet,
Earl of Berks.
The Earl of Berk's Answer is, out of his Duty to the King, and in regard of His Gracious Message, and also out of particular Respects to my Lord of Banbury (not concluding any other), he is willing to yield him the Place as now he stands, during the Earl of Banburye's Life.
E. of Cleveland.
The Earl of Cleveland, for his Answer, to give Precedency to the Earl of Banbury in the Parliament House, desires Respite till this Day Sevennight; in any other Place, out of Respect to the King's Majesty's Desire, his Lordship is willing to give him Place during his Life.
E. of Monmouth.
E. of Danby.
The Earl of Norwich, by Authority which he hath from the Earl of Danby, by a particular Letter, saith, That the said Earl of Danby is content, out of a dutiful Respect to His Majesty's Request to the House, to yield the Precedency to the Earl of Banbury's Person only, during his Life, in the Parliament House, as now he is entered.
M. of Manchester.
The Earl of Manchester (being then present in the House, and Lord President of the Council) said, That, in Contemplation of His Majesty's Desire (and yet preserving his own Right), he is willing that Place be given to the Earl of Banbury, during his own Life only.
Order concerning the E. of Banbury.
"The Lords Committees for Privileges, etc. are to proceed to accommodate the Business referred unto them, touching the Precedency of the Earl of Banbury; and, by Letters or otherwise, to treat with those Lords (whom it doth concern) who have not yet given their Answers; and the said Committee is to use all Expedition herein, to give His Majesty Satisfaction, and to report their Answers, and to conceive a concluding Order thereupon, and offer it to the House."
Riot of Banbury, by the Soldiers, &c. quarted there.
This Day (according to the Order of the 26th of March) Epiphany Hill, Mayor of Banbury, William Knyte, a Justice of Peace there, and Elvenston, Captain of the Soldiers billeted in Banbury, and the Auncient and other Soldiers there, were brought before the Lords, to answer the Complaint of George Phillipps, Constable of the said Town.
Censure of the House upon the Delinquents.
After long Debate of this Accusation, and of the Proofs and Answers, their Lordships considered, That, though the Mayor and Justices denied Justice to the Constable, according to the Law, for that they mistook and verily believed that they could not punish the Soldiers without Consent of their Captains, as it was affirmed by them at their first coming; yet the said Justices pacified the Quarrel, and took such good Order that the Place was afterwards kept quietly: Their Lordships also considered, That the Outrage of the Soldiers began out of the Opinion also that they were not to be punished but by their Captain, which caused the Assault upon the Constable; in which Assault the Soldiers being beaten and wounded, it moved the House to mitigate their Censures against them: And first, that the Mayor and Justice should be excused, the Constable admonished to carry himself temperately for the Time to come, yet so that he should not neglect to do his Duty:
That the Captain and Soldiers should be charged to live orderly, and subject to the Laws of the Land; and that they must not expect to be governed otherwise than by the Law of the Land, unto which they must submit themselves, as also unto those Magistrates and other Inferior Officers under whom they live.
This being agreed upon; the Mayor and Justice were first called, then the Constable, then the Captain and Soldiers; and the Lord Keeper declared the Censure of the House unto them severally, one after the other, as they were called; and concluded, That their Lordships did take this mild Proceeding against them all, that is might breed Love and Friendship amongst them.