16th March 1624

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Long title
16th March 1624

In this section

TUESDAY, 16 MARCH 1624

I. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/12

[CJ 687; f. 45]

Martis, 160 Martii, 210 Jacobi

Bill of supersedeas in the afternoon, Court of Wards.

Sir William Cope Sir John Stradling
Sir John Strangways Sir Clement Throckmorton
Sir Nicholas Tufton Mr. [William] Coryton
Sir Thomas Denton Sir Thomas Thynne

added to this committee.

L. 2a. An act to enable [Sir] James Ward, alias Fermor, to sell and dispose a messuage and certain lands in Ibstock within the county of Leicester, for and towards payment of his debts and portions of his younger children. [f. 45v] Committed to the knights and [blank] burgesses of Leicester, Nottingham, Derby, Rutland, Mr. [John] Wightwick. Wednesday next, 2 [o']clock, Court of Wards.

L. 2a./

SIR EDWARD COKE. Not to take away the jointure of young Cope's wife.

MR. [JOHN] GLANVILLE. To have this bill to extend to creditors, though they have no judgements, statutes, etc.

Sir Edward Coke Sir Francis Barnham
Mr. [John] Glanville Sir B[aptist] Hicks
Sir Thomas Grantham Sir Thomas Denton
Mr. [William] Wingfield Mr. [John] Bankes
Sir Clement Throckmorton [James] Lord Wriothesley
Sir W[alter] Devereux Sir A[rthur] Ingram
Mr. Recorder Sir H[enry] Poole
Sir Charles Montagu Sir William Cope
Sir Robert Pye Knights and burgesses of Staffordshire
Sir William Masham
Mr. Spencer

Saturday, 2 [o']clock, in Court of Wards.

L. 2a. An act for the establishing of some manors and other lands in the several counties of Cornwall, Devon and Dorset unto [Mr.] John Mohun, esq., son and heir apparent of Sir Reginald Mohun, kt.

SIR G[EORGE] CHUDLEIGH. To put it to engrossing.

SIR W[ALTER] EARLE. There may be something in it concerning other men's rights. Therefore, to commit it.

Committed to:

Sir Robert Pye Sir William Spring
Sir George Chudleigh
Sir George Horsey
Knights and burgesses of Devon and Cornwall
Sir W[alter] Earle
Mr. John Trenchard

Wednesday next, 2 of the clock, Court of Wards.

For the under-sheriff of Cambridge.

MR. [JOHN] GLANVILLE. The misdemeanour[s] of the under-sheriff. First, general: that he has made a return where no due election, especially where so clear there was no due election of those he returned.

Secondly, that 2 or 3 sufficient witnesses testified that after he was gone, he confessed he had made no election. This after 11 of the clock. 2 witnesses, that the poll was demanded, and in season, before he went away.

Thirdly, proved he had a dependency upon Sir Edward Peyton, had conference with Sir Edward Peyton but/

Resolved, after this business finished, public bills shall be read and put to passing.

The under-sheriff called in and at first kneeling and afterwards standing up, was charged by MR. SPEAKER that he had made a return when he affirmed, after he was gone from the place, he had made no election. That he being required to do it, would not proceed to the poll.

The [under-]sheriff. That he can prove he, before he went away, had declared Sir Edward Peyton and Sir Simeon Steward had most voices. Denies all the rest of the charge.

MR. [CHRISTOPHER] BROOKE. That the [under-]sheriff being doubtful he had not done well, had security offered him to save him harmless. That this testified by Sir Thomas Steward. The [under-]sheriff confesses he was required by 3 from Sir John Cutts to return to the castle to speak with Sir John Cutts, which he refused because he had been ill-used there.

[f. 46v] MR. [FRANCIS] BRAKIN. That he required the poll, but the [under-]sheriff went away and did it not.

SIR W[ALTER] EARLE. Proved at the committee that Sir John Cutts and 3[00] or 400 freeholders demanded the poll for a quarter of an hour together.

Henry Peck produced, a witness for [Edward] Ingrey. That he did not hear the poll demanded. That between 10 and 11 of the clock, he heard the [under-]sheriff declare that Sir Edward Peyton and Sir S[imeon] Steward had the greater number of voices. That he would have Francis Haslock asked whether Watson and others did not, when he was going to the poll, pull off his cloak, tread it under foot and take away his papers.

[Francis] Haslock affirms this: Mr. George Beck and Watson 2 of these. That this done when he [was] going to the poll, about 10 of the clock. Haslock demanded upon whom he depended, said upon no man.

SIR WILLIAM HERBERT. Either the [under-]sheriff has offended, or we have erred in our judgement to make the election void.

SIR JOHN ELIOT. The [under-]sheriff has had punishment already by sending for, charges, etc. To dismiss him with a check.

SIR H[ENRY] POOLE, accordant.

MR. [WILLIAM] CORYTON, accordant.

SIR A[RTHUR] INGRAM. To be tender of the honour of the House, which has condemned the return and adjudged the election void, which through the [under-]sheriff's default.

MR. [WILLIAM] MALLORY. That the under-sheriff may not meddle at the next election.

SIR EDWARD GILES. To retain him until Thursday past, because at the new election on Thursday, he will else breed a new garboyle.

SIR ROBERT PHELIPS. To check him for an error, but not for malice.

SIR JOHN SAVILE. That this a thing of dangerous example. That sheriffs may, by this means, choose and return whom they will.

MR. [CHARLES] PRICE. To have the [under-]sheriff come in and upon his knees acknowledge his fault.

MR. [CHRISTOPHER] BROOKE. To send away the [under-]sheriff is to justify him and condemn ourselves. To have him acknowledge his fault and then fine him 100 marks.

[f. 47] SIR THOMAS JERMYN. To censure the [under-]sheriff or else we censure ourselves. To acknowledge his fault at the bar, and to stay him here 2 or 3 days, the high-sheriff having power to make another under-sheriff for the service on Thursday.

MR. [JOHN] GLANVILLE. To commit him for a day or 2, then, upon his submission, to enlarge him.

SIR CHRISTOPHER HILDYARD. That the under-sheriff has no power to make the election, but the high-sheriff is to do it. To have them both punished.

SIR EDWARD COKE. In juvene medico, caemeterii incrementum; in juvene theologo, conscientiae [blank]; in juvene legista, bursae detrimentum. The great confusion extenuates his fault. To have him acknowledge his fault and remain with the Serjeant until Thursday past.

SIR WILLIAM HERBERT adds to this that the order of this House may be read at the next election.

Ordered, first, upon question, that this under-sheriff shall be committed to the Serjeant until Thursday.

Upon a second question, the under-sheriff, upon his submission and acknowledgement of his fault upon his knees, upon Thursday next, to be discharged from further punishment in this place, paying his fees, leaving the other question for his punishment in the country.

Upon a 3rd question, the under-sheriff to make like submission and acknowledgement openly in the next quarter sessions in Cambridgeshire.

The under-sheriff called to the bar and kneeling, his judgement as aforesaid pronounced to him by MR. SPEAKER.

L. 3a. An act for the better repressing of drunkenness and restraining the inordinate haunting of inns, alehouses and other victualling-houses.

Upon question, passed.

L. 3a. An act concerning women convicted of small felonies.

Upon question, passed.

[CJ 688; f. 47v] L. 3a. An act for reformation of jeofails.

Upon question, passed.

Ordered, the rest of the engrossed bills to be put to passage tomorrow morning.

[House adjourned]

II. JOURNAL OF THE HOUSE OF COMMONS, PA, HC/CL/JO/1/13

[CJ 737; f. 57v]

Martis, 16 Martii

Bill of supersedeas. Afternoon, Court of Wards.

Sir William Cope

Sir John Strang[ways]

Sir Nicholas Tufton

L. 2. An act to enable [Sir] James Ward/

Committed to:

Knights, burgesses of Leicester, Rutland, Nottingham, Derby, Mr. [John] Wightwick.

Wednesday next, 2 o'clock, Court of Wards.

L. 2. An act for the sale of the lands of Thomas Cope, the father, and Thomas Cope, the son.

Committed to:

Sir Edward Coke Sir Francis Barnham
Mr. [John] Glanville Sir Baptist Hicks
Sir Thomas Grantham Sir Thomas Denton
Mr. [John] Bankes
[f. 58] Mr. [William] Wingfield Sir William Cope
Sir Clement Throckmorton Mr. Recorder
Sir Walter Devereux Sir Charles Montagu
[James] Lord Wriothesley Sir Robert Pye
Sir A[rthur] Ingram Knights and burgesses of Staffordshire
Sir H[enry] Poole
Sir William Masham

Mr. Spencer

Saturday, 2 o'clock, Court of Wards.

L. 2. An act for the establishing of some manors and lands in the several counties of Cornwall, Devon and Dorset unto [Mr.] John Mohun, esquire, son and heir apparent of Sir Reginald Mohun, kt. and baronet.

Committed to:

Sir Robert Pye Sir William Spring
Sir George Chudleigh
Sir George Horsey
Knights, burgesses, Devon, Cornwall
Mr. [John] Trenchard

Wednesday next, 2 o'clock, Court of Wards.

MR. [JOHN] GLANVILLE. Ordered yesterday that the under-sheriff of Cambridgeshire should be heard this morning. 2 witnesses testified that the [under-]sheriff confessed, after 11 [o']clock, had made no election. Proved that the poll was seasonable demanded and yet denied. Proved also that he had dependency on Sir Edward Peyton.

[f. 58v] Edward Ingrey brought to the bar [blank] and charged that, knowing there was no election, returned 2 knights for that shire.

Can prove by [illegible] Steward that in the castle-yard, he pronounced those 2 to be chosen. For the poll, did endeavour it all he could. Was demanded whether he had made any return. Answered, no.

Henry Peck and John Case his witnesses. Has not, nor ever had, any dependency on Sir Edward Peyton. Demanded whether he had no motion made to him to return to the place again. Mr. [George] Beck and others desired him to go up to the castle to Sir John Cutts, but refused it because they had used him with such violence before. Sir Thomas Steward came to him and carried him to Sir Edward Peyton and Sir Simeon Steward. Sir Thomas Steward promised him to defend him against Sir John Cutts and told him he should have no wrong. Withdrawn.

MR. [FRANCIS] BRAKIN. Was present at the election. The poll demanded and he would not use it. Went away without any publication of the election.

One of the witnesses brought in, Henry Peck; was at the election. [Under-]sheriff was pressed to go to the poll. The [under-]sheriff, between 10 or 11 [o']clock, pronounced Sir Edward Peyton and Sir Simeon Steward knights of the shire.

Francis Haslock, another witness, affirmed that some of Sir John Cutts's company pulled the [under-]sheriff's cloak off his back and pulled him very violently when he was going to the poll. This between 9 and 10 [o']clock. One that dwells under Sir John Cutts would have come up to testify as much, but that he is afraid of Sir John Cutts. [f. 59] Has no dependency on any man.

[Blank]

[f. 59v] Resolved, upon question, that this under-sheriff shall be committed to the Serjeant's custody until Thursday next.

Resolved, also upon question, that making his submission then at the bar and acknowledging his offence, he shall be discharged from any further punishment in this place.

Resolved, also upon a 3rd question, that this under-sheriff shall make a further submission openly at the next quarter session to be held in the country and acknowledge his faults.

[CJ 738] Edward Ingrey brought to the bar and kneeling on his knees, MR. SPEAKER denounced [sic] upon him the judgement of the House.

L. 3. An act for the better repressing of drunkenness and restraining the inordinate haunting of inns, alehouses and other tippling-houses.

Upon question, passed for a law.

L. 3. An act concerning women convicted of small felonies.

Upon question, passed for a law.

L. 3. An act for the further reformation of jeofails.

Upon question, passed for a law.

[f. 60] The rest of the bills engrossed to be read tomorrow morning.

[House adjourned]

III. DIARY OF JOHN HAWARDE, WILTSHIRE AND SWINDON ARCHIVES, 9/34/2

[p. 208]

Martis, 16 Martii 1623

2. L. Bill pur inabler Fermor, alias [blank], de vendre terres pur paimente de detts.

Committe, Mercurii, in [court de] gards.

2. L. Bill pur Thomas Cope les pere et Thomas Cope le fils de vendre terres pur paiment de detts.

Committe, Sabbati in [court de] gards.

1. L. [sic]. Bill pur assurance de terres par [Sir Reginald] Mohun, le pere, al [Mr.] John Mohun, le fils.

3. L. Bill versus dronkenes.

Sur question, passe pur ley.

3. L. Bill pur jeofayles.

Passe pur ley, sur le question.

3. L. Bill pur brander femes pur pettie offences.

Sur question, passe pur ley.

IV. DIARY OF JOHN HOLLES, BL, HARL. MS 6,383

[f. 101v]

Tuesday, the 16th of March

Spent about the under-sheriff of Cambridgeshire for abuses in the election of the knights of the shire.

V. DIARY OF JOHN LOWTHER, CUMBRIA ARCHIVE CENTRE, CARLISLE, DLONS/L/2/1

[f. 31v]

[16 March 1624]

[Thomas] Cope's bill and [Mr. John] Mohun's bill. Committed.

Delinquent adjudged to kneel and hear his judgement, to acknowledge his error here, in the country.

The bill of drunkenness passed and the woman that steal under 18s. first time burned.

The like of jeofails, for venire facies or place mistaken etc., not to felons or penal laws.

VI. DIARY OF EDWARD NICHOLAS, TNA, SP 14/166

[f. 82v]

Tuesday, 160 Martii 1623

An act to enable [Sir] James Ward to sell land in comitatu Leicester for the payment of debts. 2. L. Committed.

An act for the establishing of certain [f. 83] lands and tenements in the counties of Devon, Cornwall and Dorset upon [Mr.] John Mohun, esquire, son and heir of Sir Reginald Mohun, kt. and baronet, according to an agreement between them. 2. L., r. p.

Concerning the misdemeanour of Edward Ingrey, under-sheriff of Cambridgeshire: charged that he knowing and confessing there was no election, yet he returned 2 knights for that shire; that being desired by both parties to go to the poll, he refused it; and being a dependent on Sir Edward Peyton, would not hearken to any other nor do anything but as he directed.

Edward Ingrey, being on his knee at the bar, said he has not, nor ever had, any dependency on Sir Edward Peyton, and that he was willing to have gone to the poll but was so pulled, haled and misused by Mr. [George] Beck and Mr. Watson, [blank] being the agents of Sir John Cutts, that he could not go to the poll. While he was in the castle-yard and being so misused by the friends of Sir John Cutts's friends and agents, he refused to return there again to go to the poll.

Being charged that when he was entreated to go up to the castle but would not, and that Sir Thomas Steward told him he would save him harmless if he would not go up to the castle, Edward Ingrey said that Sir Thomas Steward said after he had made the return of Sir Edward Peyton and Sir William Stuart [sic], he should not fear Sir John Cutts nor any other for he would bear him out, and the action was honest.

SIR PETER HEYMAN said that one Williams, a man of Sir John Cutts, as was proved at the committee, [f. 83v] did offer the [under-]sheriff £10 to return Sir John Cutts knight of the shire.

Henry Peck, examined, testified that the [under-]sheriff did publish in the castle-yard Sir Edward Peyton, Sir Simeon Steward knights of Cambridgeshire before eleven of the clock.

Francis Haslock, examined, testified that the [under-]sheriff desired this examinant to go with him to help him take the poll. That when the [under-]sheriff went to the poll a little past nine o'clock, he was so pulled by the friends and agents of Sir John Cutts that the under-sheriff could scarce fetch his breath and was not able to go to the poll. That he, this examinant, when he saw the under-sheriff so misused that he lost his papers which he had prepared to take the poll, left the [under-]sheriff. That a freeholder that is near neighbour to Sir John Cutts would have testified as much but that he dares not for fear of Sir John Cutts's displeasure.

SIR HENRY POOLE said that it seems that this election was carried in tumult and misused by Sir John Cutts. He was unwilling to have had the [under-]sheriff sent for, and for aught he sees the [under-]sheriff did as much as he could, and would have him discharged without further punishments.

MR. CHANCELLOR OF THE DUCHY. That it appears there was a perpetual tumult at the election, and the [under-]sheriff seemed willing to have done his best to have made a due election. He thinks the [under-]sheriff has been sufficiently punished and would have him discharged with an admonition.

SIR ROBERT PHELIPS. He said that he finds not in the [under-]sheriff any corruption or malice in his intention. He would have him checked for an error but not censured for an offence.

[f. 84] SIR JOHN SAVILE would have the [under-]sheriff made an example to other sheriffs for his misdemeanours in this election, for that the affirmative of his offence was proved by worthy gentlemen, and his witnesses are mean men who seek to prove a negative.

It is adjudged and ordered, by question, that Edward Ingrey, under-sheriff of Cambridgeshire, shall stand committed as a delinquent to [the] Serjeant of this House until Thursday next, and then shall at the bar here on his knees acknowledge his fault and make his submission, and that he shall at the next open sessions in Cambridgeshire make the like submission and acknowledgement of his fault.

He is called into the House and the sentence pronounced against him kneeling at the bar.

An act for the better repressing of drunkenness and restraining of inordinate haunting of alehouses or tippling-houses. 3. L. This bill is now at the third reading, passed our House. r. p.

An act concerning women convicted of small felonies. 3. L. This act is to continue but until the first session of the next Parliament. This bill is now at the third reading, passed our House. r. p.

An act for the further reformation of jeofails. 3. L. r. p. This bill is now at third reading, passed this House.

VII. DIARY OF SIR WILLIAM SPRING, HOUGHTON LIBRARY, HARVARD UNIVERSITY, MS ENG. 980

[p. 118]

Tuesday, the 16th of March

An act to enable one [Sir James] Ward to sell land. Committed.

An act for [Thomas] Cope to sell land. Committed.

An act to make good assurance of lands from Sir Reginald Mohun to [Mr.] John Mohun, his son, by consent. Committed.

[Edward] Ingrey, the under-sheriff of Cambridge, is brought on his knees to the bar and examined for the injustice of his return. Is heard by witness, and much dispute in the House for his punishment. Some would have him fined, some imprisoned, some think this shame and charge and imprisonment with the Serjeant 3 days is sufficient.

SIR HUMPHREY MAY moves that moderation may be used in courts of justice and great councils; that often nothing is made something, something an error, an error a crime and consequently a great punishment imposed on that which at first was nothing. Excuses his fault by his ignorance and youth, etc.

SIR ROBERT PHELIPS would have him have the punishment of an erroneous judgement, not of a malicious act.

He is censured to tarry under the Serjeant's keeping yet until Thursday, which is the day of the new election, and then on his knees to acknowledge his fault in the House and in the quarter sessions next in the country.

These acts engrossed, passed our House:

For drunkenness.

For favour of women convict[ed] of small felonies, where men have clergy, to be branded.

For reformation of jeofails.

VIII. DIARY OF SIR THOMAS HOLLAND, BODL., TANNER MS 932

[f. 56]

16 Martii, Tuesday

Second read. An act to enable [Sir] James Ward to sell land in Leicestershire.

Second read. Committed. Court [of] Wards, Saturday. An act for the selling of land of Thomas Cope, the father, and Thomas Cope, the son, to the intent the money may be distributed amongst his creditors.

Second read. Committed. An act for the establishing of lands in Cornwall upon Mr. John Mohun, the son of [blank] Mohun, baronet.

The under-shrieve of Cambridgeshire, [Edward] Ingrey, charged with a nullity of election and not declared the return of any knights.

The [under-]shrieve denies the accusation of going out the castle-yard without returning, or having any relation to Sir Edward Peyton, or that he did deny any poll, but did offer the poll and stayed and proclaimed the going to the poll.

[Francis] Haslock, on the behalf of the [under-]shrieve. That when the [under-]shrieve would have gone to the poll, some towards [Sir John] Cutts pulled his papers out his hands and trod his cloak under his feet and disturbed him.

[SIR HENRY] POOLE, [SIR JOHN] ELIOT wish that his sending for and charge here with an admonition may be his punishment.

[SIR ARTHUR] INGRAM. That if the [under-]shrieve have no other punishment that then his charge [sic], how shall we justify the sending down a new writ?

[f. 56v] [SIR GEORGE] CHUDLEIGH. That we proceed to a greater censure of him.

CHANCELLOR DUCHY. That our censure ought to be moderate because that the [under-]shrieve was carried away with a tumult.

[SIR GEORGE] MORE. That his punishment is sufficient with an admonition.

[SIR] CRANE. To the same purpose.

[SIR EDWARD] GILES. That we may go a mild course, yet to give him somewhat more punishment. To [not] let him go down on Thursday to make a new broil; let him be stayed until Thursday be past and let that be his punishment.

[SIR ROBERT] PHELIPS. That he may go down to the new election because he will be more careful to compose it without tumult.

[SIR JOHN] SAVILE. That for the [under-]shrieve to bring witnesses upon negatives when affirmative witnesses have been heard is improper.

[SIR JOHN] STRANGWAYS. That it be signified at the next election that he is unfit to serve as an under-shrieve and that is the opinion of the House, and let that be his punishment.

[MR. CHRISTOPHER] BROOKE. That the [under-]shrieve come to the bar and acknowledge his fault, and set a hundred mark fine on his head.

[SIR THOMAS] JERMYN. That Mr. Carlton delivered that the poll was demanded. It is fit some punishment, but not [f. 57] by fine; rather that he be stayed until the election be past.

[MR. JOHN] WHISTLER. That if we proceed according to the rigour of the House that we examine all his proof, otherwise in mercy to accept of his acknowledgement.

[MR. JOHN] GLANVILLE. That the remissness towards shrieves causes this tedious debate in privileges. That the shrieve [sic] in Yorkshire was enjoined to stand upon a stool and acknowledge his fault. He wishes that he may be committed a day or two and so dismissed.

[MR. WILLIAM] NYELL. [Blank]

[SIR EDWARD] COKE. He had rather give account to God for mercy than for rigour. He will not excuse him a toto but a tanto. There is no malice, no corruption nor affection. He moves that he may be committed until Thursday be past.

Question, that as many as think fit the [under-]shrieve shall [be] committed to the Serjeant until Thursday and then, coming to the bar on his knee, he acknowledge his fault and to be discharged of further punishment in this House, and that he does at the next quarter sessions in open sessions there likewise acknowledge his fault and make his submission.

It is so ordered in every point.

Sentence. The [under-]shrieve, upon his knees, received his judgement as aforesaid.

[f. 57v] Engrossed and passed for a law. An act for the better repressing of drunkenness and restraining the inordinate haunting [of] inns and alehouses and other victualling-houses.

Proof of one witness is sufficient to convict him and he that is convicted shall not be a witness against any other. 5s. every offence, the second offence to be bound to the good behaviour. That every alehouse-keeper convicted shall be disabled for 3 years to keep any such house. That out-townsmen be found by view in any such place shall be taken as in the same town.

13 engrossed, passed for a law, to continues until the next session.

An act concerning women convicted of small felonies.

Under ten shillings, to be branded on the brawn of the left thumb or accessory where clergy might be given, and to be further punished by whipping or otherwise.

Engrossed, passed for a law. An act for the further reformation of jeofails.

That error of form between the original and declaration shall not stay judgement.

IX. DIARY OF JOHN PYM, NORTHAMPTONSHIRE RECORD OFFICE, FH/N/C/0050

[f. 29v]

16 Martii 1623

Three private bills, whereof one was for the settling divers lands upon [Mr.] John Mohun, son and heir of Sir Reginald Mohun.

The case of [Edward] Ingrey, under-sheriff of Cambridgeshire, was heard, he being at the bar. His fault was that he had returned an election, whereas indeed there was a nullity for default of polling. Whereupon, it was adjudged that he should stand committed until Thursday next, and then, upon his submission, to be discharged, but to make a recognition in the country at the sessions.

An act against drunkenness.

An act for women in small felonies to have their clergy.

An act for further reformation of jeofails.

X. DIARY OF SIR WALTER EARLE, BL, ADD. MS 18,597

[f. 87v]

Tuesday, 16th of March

The under-sheriff of Cambridgeshire, having been sent for by the House, was brought in to the bar. It was laid to his charge:

  • 1. That the poll being desired at the election of the knights, he refused it.
  • 2. That he himself acknowledged he had made no election when he went to make his return.

After 2 hours' debate, adjudged he should be committed to the Serjeant until Thursday, and then in the House to acknowledge his fault and submit, and so also in the country at the next quarter sessions.

The under-sheriff, [Edward] Ingrey, brought in and kneeling at the bar received his judgement.

[f. 88] Bill for the better repressing of drunkenness and inordinate haunting of alehouses. Passed the House.

Bill concerning women convicted of small felonies. Passed the House.

Bill for the reformation of jeofails. Passed the House.

Afternoon, committee for privileges

The case of Winchelsea between Sir Alexander Temple and Mr. John Finch. The mayor called an assembly but concealed the cause. Being demanded what it was, said it might be to disfranchise a freeman. Denied Jonathan and Daniel Tilden their voices under pretence they had been non-resident above three months, contrary to an ordinance of the town, and therefore no freemen. But it was proved that they had houses in their hands in the town and enjoyed their part of the herbage of the streets and the benefit of process of withernam, which none but freemen could have. It was also proved that the mayor himself was chosen mayor though he had dwelt longer out of the town. The Tildens going forth, declared themselves for Sir Alexander Temple. Jonathan and Daniel Tilden being excluded, there were 8 to 8, and the mayor carried it by the casting voice, [f. 88v] so as if they had been admitted Sir Alexander Temple had had 2 voices more than Mr. Finch.

The ancient custom was that a freeman must be absent a year and a day before he lose his freedom, and the two late ordinances of three months and a month were lately revoked by a general ordinance that orders contrary to their custom should be disannulled.

The committee resolved that the two Tildens ought to have had voices, and therefore a new election.

XI. JOURNAL OF SIR SIMONDS D'EWES, BL, HARL. MS 159

[f. 80]

March 16, Tuesday

An act to establish an agreement between Sir Edward [sic] Mohun and Mr. John Mohun, his son.

[Edward] Ingrey, under-sheriff of Cambridge, was brought to the bar and took up that whole forenoon. All was in the end resolved by three questions:

  • 1. That he should be committed to the Serjeant until Thursday following.
  • 2. That then he should come again and make his submission and be sorry for his offence at the bar and so be discharged from further punishment here.
  • 3. That at the quarter sessions, he should make [f. 80v] the like submission in open court.

An act for the repressing of drunkenness. Passed.

An act concerning women convicted for small felonies. Passed.

An act about jeofails. Engrossed.