Martis, 16o Martii
BILL of Supersedeas, - in the Afternoon, Court of Wards. Sir Wm. Cope, Sir Jo. Strangwayes, Sir Nich. Tufton, Sir Tho. Denton, Sir John Stradling, Sir Cl. Throckmorton, Mr. Corington, Sir Tho. Thynn, added to this Committee.
L. 2a. An Act to enable James Ward, alias Fermor, to sell and dispose a Messuage, and certain Lands, in Ibstocke, within the County of Leicester, for and towards Payment of his Debts, and Portions of his younger Children. - Committed to the Knights and Burgesses of Leicester, Nottingham, Darby, Rutland, Mr. Whitwicke: - Wednesday next. Two Clock, Court of Wards.
L. 2a. ......... [a]
Sir Ed. Coke : - Not to take away the Jointure of young Cope his Wife.
Mr. Glanvyle: - To have this Bill to extend to Creditors, though they have no Judgments, Statutes, &c. -
. . . Sir Edw. Coke, Mr. Glanvyle, Sir Tho. Grantham, Mr. Wingfeild, Sir Cl. Throckmorton, Sir W. Devoreux, Mr. Recorder, Sir Ch. Mountague, Sir Ro. Pye, Sir Wm. Masham, Mr. Spencer, Sir Francis Barnam, Sir B. Hickes, Sir Tho. Denton, Mr. Banks, Lord Wriothesley, Sir A. Ingram, Sir H. Poole, Sir Wm. Cope, Knights and Burgesses of Staffordshire: - Saturday, Two Clock, in Court of Wards.
L. 2a. An Act for the Establishing of some Manors, and other Lands, in the several Counties of Cornewayle, Devon, and Dorsett, unto John Mohun Esquire, Son and Heir apparent of Sir Rey. Mohun, Knight. -
Sir G. Chudleighe: - To put it to ingrossing.
Sir W. Earle: - There may be something in it, concerning other Mens Rights: - Therefore to commit it. -
Committed to Sir Ro. Pye, Sir Geor. Chudleighe, Sir Geor. Horsey, Knights and Burgesses of Devon and Cornewayle, Sir W. Earle, Mr. Jo. Trenchard, Sir Wm. Spring : - Wednesday next. Two of the Clock, Court of Wards.
Cambridge Election. - Punishing Under-sheriff.
For the Under Sheriff of Cambridge. -
Mr. Glanvyle : - The Misdemeanor of the Under-sheriff, 1. General: That he hath made a Return, where no due Election, especially, where so clear, there was no due Election of those he returned, 2ly, That Two or Three sufficient Witnesses testified, that, after he was gone, he confessed, he had made no Election. - This after
Eleven of the Clock. - Two Witnesses, that the Poll was demanded, and in Season, before he went away. 3ly, Proved, he had a Dependency upon Sir Edw. Peyton ; had Conference with Sir Edw. Peyton ; but -
Resolved, after this Business finished, public Bills shall be read, and put to passing.
Cambridge Election - Punishing Under-sheriff.
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 Sheriff: - That he can prove, he, before he went away, had declared, Sir Edw. Peyton and Sir Sim. Steward had most Voices. - Denieth all the rest of the Charge.
Mr. Brooke: - That the Sheriff, being doubtful he had not done well, had Security offered him, to save him harmless. That this testified by Sir Tho. Steward. The Sheriff confesseth, he was required, by Three from Sir Jo. Cutts, to return to the Castle, to speak with Sir Jo. Cutts: Which he refused, because he had been ill used there.
Mr. Brackynn: - That he required the Poll; but the Sheriff went away, and did it not.
Sir W. Earle; - Proved at the Committee, that Sir Jo. Cutts, and 3 or 400 Freeholders, demanded the Poll, for a Quarter of an Hour together.
Henry Pecke, produced a Witness for Ingery, -
That he did not hear the Poll demanded. That, between Ten and Eleven of the Clock, he heard the Sheriff declare, Election - that Sir Ed. Peyton, and Sir S. Steward, had the greater Number of Voices.
That he would have Francis Haselopp 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.
Hasleoppe affirmeth this. - Mr. Geor. Beck, and Watson, Two of these. - That this done, when he going to the Poll, about Ten of the Clock.
Haselopp, demanded, upon whom he dependeth, saith, upon no Man.
Sir Wm. Herberte: - Either the Sheriff hath offended, or we have erred in our Judgment, to make the Election void.
Sir Jo. Ellyott: - The Sheriff hath had Punishment already, by sending for, Charges, &c. - To dismiss him with a Check.
Sir H. Poole, accordant. Mr. Coryton accordant. Sir A. Ingram : - To be tender of the Honour of the House; which hath condemned the Return, and adjudged the Election void; which through the Sheriff's Default.
Mr. Mallory : - That the Under-sheriff may not meddle at the next Election.
Sir Ed. Gyles : - To retain him, till Thursday past; because, at the new Election on Thursday, he will else breed a new Garboyle.
Sir Ro. Phillippes: - To check him for an Error, but not for Malice.
Sir Jo. Savyle: - That this a Thing of dangerous Example. That Sheriffs may, by this means, chuse and return whom they will.
Mr. Price: - To have the Sheriff come in, and. upon his Knees, acknowlege his Fault.
Mr. Brooke: - To send away the Sheriff, is to justify him, and condemn ourselves. - To have him acknowlege his Fault, and then fine him 100 Marks.
Sir Tho. Jermyn: - To censure the Sheriff; or else we censure ourselves. - To acknowlege his Fault at the Bar: And to stay him here Two or Three Days; the High-sheriff having Power to make another Under-sheriff for the Service on Thursday.
Mr. Glanvyle: - To commit him for a Day or Two; then, upon his Submission, to enlarge him.
Sir Chr. Hildyard: - That the Under-sheriff hath no Power to make the Election, but the High-sheriff is to do it. - To have them both punished.
Sir Edw. Coke: - In juvene medico, caemeterii incrementum : - In juvene theologo, conscientiae . . . In juvene legista, bursae detrimentum - The great Confusion extenuateth his Fault. - To have him acknowledge his Fault, and remain with the Serjeant till Thursday past.
Sir Wm. Herberte addeth to this, that the Order of this House may be read at the next Election.
Ordered, 1. upon Question, that this Under-sheriff shall be committed to the Serjeant, till Thursday.
Upon a second Question, the Under-sheriff, upon his Submission, and Acknowlegement 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 third Question, the Under-sheriff to make like Submission and Acknowlegement openly in the next Quarter Sessions in Cambridgeshire.
The Under sheriff called to the Bar, and kneeling, his Judgment, 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, Ale-houses, and other Victualling-houses : - Upon Question, passed.
L. 3a. An Act concerning Women convicted of small Felonies : - Upon Question, passed.
L. 3a. An Act for Reformation of Jeofayles: - Upon Question, passed.
Ordered, The rest of the ingrossed Bills to be put to Passage To-morrow Morning.