Veneris, 28o Martii
JOHN Moulden, being demanded, whether he conducted any Soldiers, upon Monday was sevennight, from Kingston to Rygate, confessed it; and that he did it by a Warrant from the Earl of Nottingham.
The Warrant being delivered in, and read; it appeared, it was only to carry Soldiers, to be billeted, unto all such within that Division, as should refuse to pay the Billetting-money imposed upon them.
That the Constable carried out with him 80, or 100, Soldiers, who extorted Moneys in several Places, upon Threats of pulling down and firing their Houses.
Sir Ch. Howard and Mr. Drake, Deputy Lieutenants of that County and Hundred, disclaim to have made any Warrant for Billetting of Soldiers, or paying Money for it.
Sir Ambrose Browne: - That, by Warrant from the higher Powers, he made Rates for the Billetting of Soldiers in other Parts. So... Onslow: But not into this Hundred.
Resolved, No Deputy Lieutenant to be of the Committee, to be appointed to examine this Business for Surrey : and these Two Deputy Lieutenants to bring in to this Committee, to bring in the Warrants.
Sir Ro. Phillippes, Sir Tho. Wentworth, Sir P. Hayman, Mr. Coriton, Sir Jo. Jackson, Sir Francis Seymor, Sir D. Digges, Mr. Owfeild, Sir Nath. Rich, Mr. Bisse, Sir Francis Barrington, Sir Tho. Barrington, Sir Row. Cotton, Sir Wm. Armyn, Sir Tho. Cheeke, Sir Tho. Bowyer, Sir Guy Palmes, Sir Tho. Hobby, Sir O. Luke, Sir M. Fleetwood, Mr. Francis Drake, Sir Tho. Culpepper, Lord St. John, Sir W. Earle, Sir Wm. Fleetewood, Mr. Knightley, Mr. Kirton, Mr. Hampden, Sir Jo. Wray: This Committee to have Power to send for Witnesses, Parties, Letters, &c. To examine the Misdemeanor of this Constable, and the Warrants, either for the Billetting of Soldiers, or for the Rating or Levying of Money for them, within the County of Surrey : And the Deputy Lieutenants of that County, being Members of this House, to attend that Committee, and to produce the Warrants they have made, and the Authority, by which they have done it. And the Constable to remain in the Custody of the Serjeant, till the further Pleasure of the House delivered ; - Two Clock this Afternoon, in the Exchequer Chamber.
Mr. Sparke: - That, as Deputy to the Sheriff of Cornewayle, he made Return of One Indenture to the Clerk of Return. the Crown, and their Names entered by him; and that after, another Indenture returned, not by the Sheriff.
The Clerk of the Crown, To-morrow Morning, Eight Clock, to certify the House, how he received the second Indenture; and if not received from the Sheriff, then those Members, returned by the Sheriff, to sit in the House, until they be displaced by Order of the House.
Sir Edw. Coke electeth for Buckinghamshire, and waveth Suffolke.
Sir Jo. Coke reporteth from the Committee, for the Petition for Execution of the Laws against Recusants, that, with the Addition of the Word " Commons,'' and with some few Alterations, put in a Paper by themselves;, which referred to the Judgment of the House: Which Alterations read by him. -
That the Opinion of the Committee is, at the next Conference to offer these Alterations to the Committee of the Lords, with the Reasons thereof for them; but, if they will not yield to them, then the Committee to have Power to agree unto the other Petition, with inserting the Word " Commons," without any other Alterations.
Upon Question, Power to the Committee, to present these Alterations to the Lords, with the Reasons of this House for them, and to hear the Reasons against them ; and then to leave it to their Lordships, to accept them, or to take the other, as formerly sent down.
A Message to be sent to the Lords, to desire a further Conference about this Petition. This to be done by Mr. Secretary Coke, Mr. Treasurer, and others with him.
Members make Election.
Every one, that is doubly returned, to make his Election now in the House, or else the House to make Election for him.
Sir Tho. Puckering, chosen for Warwicke, and Tamworth, electeth for Tamworth.
Sir Wm. Killegrew electeth for Peryn, and waveth Newport Medina.
Report made from the Committee for Privileges, by Mr. Hackwill. - 1. For Colchester: Only One Return made by the Bailiffs, in which Sir Tho. Cheeke and Mr. Alford returned. That the Bailiffs, Aldermen, and Common Council, consisting of 42, in an upper Room, read the Writ, and there elected Sir Tho. Cheeke, and Mr. Alford: In a lower Room, the common Sort of Burgesses in general elected Sir Tho. Cheeke, and Sir Wm. Masham. -
That the Bailiffs, &c. made their Prescription by Election as they now made it. -
Against this alleged, that, till Rich. I. no Bailiffs; from thence, till Ed. IV. no Common Council. Then 16 appointed, by a new Charter; which, by Constitutions sithence, they have increased to -
Upon this, the Prescription holden insufficient. -
That the Committee also of Opinion, that the Election of Sir Wm. Masham good; and Sir Wm. Masham his Name to be put in by the Bailiff, instead of Mr. Alford.
Upon Question, Sir Wm. Masham duly elected; and Sir Wm. Masham his Name to be, by One of the Bailiffs now in Town, inserted in the Indenture of Return, in the Place
of Mr. Alford. Which accordingly presently done at the Board.
Mr. Secretary Cooke reporteth from the Lords; that they have appointed Four of the Clock this Afternoon, to confer about the Petition.
Mr. Secretary Coke, Sir Nath. Rich, Mr. Pymme, to give the Reasons to the Committee of the Lords, for this Alteration; and Mr. Secretary Coke to report back to the House.