House of Commons Journal Volume 1: 16 February 1607

Lunae, 16o Februarii, 1606

Exceptions to a Member's Words.

THIS Day the Speech uttered upon Friday last by Sir Chro. Piggott, was again remembered, and his Words of Offence recited in particular: Besides, the Quality, Weight, and Consequence of the Words were urged; and was said, that now we were in Treaty of Union, this was the way to disunite; for, grande exordium inimicitiarum, maledicere.

Noticed by the King.

The House was further informed, that his Majesty, taking Knowlege of the Words, did much mislike and tax the Neglect of the House, in that the Speech was not interrupted at the Instant, and the Party committed before it became public, and come to his Highness' Ear.

But in Excuse it was answered, that leves loquuntur curae, ingentes stupent; and that it seemed then to fall within that Case wherein Salomon's Counsel was, not to give an Answer; but that the Dislike appeared sufficiently by that maestum silentum, which at that Time was found in the House.

Moved, that Sir Chro. might be sent for: Which was immediately done by the Serjeant, with his Mace.

Touching the Manner of proceeding in this Case, many Motions and Questions ensued; as namely,

Whether to name a Committee, to consider wherewith to charge him.

Whether to censure him of their own Knowledge, without other Circumstances, the Fault being so apparent.

Whether to charge him in Generality, or with the particular Words.

Touching these Questions, much was said pro et contra; and the Precedents of Parry and Throckmorton, in the late Queen's Time remembered; wherein, for Words spoken in the House, the Proceeding was by the House and not by Committee: - The Offences were generally charged, and punished; and the Words put in Oblivion.

And so in this Case the Judgment and Proceeding resolved to be accordingly.

A Motion made, that some Care might be had to free him from other Punishment.

Answered resolutely, that he might not in this Case be punished by any other means.

The Serjeant returned; made known to the House, that he had brought Sir Chro. the Offender, according to their Direction.

Moved; that he might be heard speak at the Bar : Which was assented unto. And when he came in, he laboured to explain the Words uttered by him, and to clear himself of Malice and Disloyalty: Which the House did not insist upon; but, after a little Patience in hearing him, commanded him to retire to the Door.

And Motions were made touching his Punishment: -

That he might be sent to the Tower:

That he might be dismissed from Place in the House.

Much Dispute against his Dismission; viz. That the House could go no further in their Punishment, than committing to the Tower: That their Power was to sequester, not to dismiss.

This almost brought to a Question; but, by Assent, stayed.

Sir Chro. being called in, and kneeling at the Bar, his Judgment was pronounced by Mr. Speaker; that,

sithence the Offence was so apparently heinous, the House did not hold it fit that any Particulars should be named, or to give a Reason for their Judgment; but that their Order was.

Committed to the Tower.

That he should be carried to the Prison of the Tower, and there remain, during the Pleasure of the House :

Expelled.

That he should be dismissed from his Place of Knight of the Shire of Buck, and a new Writ issue for a new Choice.

For his Commitment, a Warrant was conceived in this Form:

WHEREAS Sir Chro. Piggott Knight, One of the Knights for the County of Buck, returned into the Commons House of Parliament, did, upon Friday last, in the Face and public Hearing of that Assembly, enter into a bitter and scandalous Invective against the Nation of the Scotts and Scottishmen, tending to the Dishonour of the said House; this Day, upon a grave and advised Consultation, touching the Quality and Punishment of his Offence, and upon the Convention and Hearing of the Offender at the Bar, it was ordered and adjudged by the House, that the said Sir Chro. should instantly be committed to the Prison of the Tower, and delivered by the Serjeant of the House into your Charge and Custody, and there remain Prisoner, during the Pleasure of the House : And this shall be your sufficient Warrant.

Signed,

Edw. Phelips, Speaker.

Directed: " To my very loving Friend Sir Wlliam Waad Knight, Lieutenant of the Tower of London."

The Serjeant of the House did, by Commandment, deliver this Warrant, and the Offender, to the Lieutenant of the Tower.

To discharge him of his Place in Parliament, and for a new Choice, the Warrant was directed in this manner :

WHEREAS this Day, upon advised Consultation touching some Offence committed by Sir Christofer Piggott, One of the Knights of the Shire returned into the Commons House of Parliament, for the County of Buck, against the Dignity and Honour of the said House, the said Sir Christofer is, by Order, discharged from his said Place of Knight of the Shire; it is also ordered, that a new Writ shall issue for the Choice of another Knight of the Shire for that County, in the Room and Place of the said Sir Chro. And this shall be your Warrant.

Edw. Phelips, Speaker.

" To my loving Friend Sir Geo. Coppin Knight, Clerk of the

Crown in his Majesty's high

Court of Chancery."

Jointuresses.

L. 1a. B. To make Jointuresses of an Estate in Tail, apres possiblitie del Issue extinct, punishable for Waste.