DIE Sabbati, videlicet, 26 die Maii,
Domini tam
Spirituales quam Temporales, quorum nomina
subscribuntur, præsentes fuerunt:
Carolus Princeps Walliæ, etc.
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p. Archiepus. Cant.
p. Archiepus. Ebor.
Epus. London.
p. Epus. Dunelm.
p. Epus. Winton.
Epus. Exon.
Epus. Petriburg.
Epus. Hereforden.
p. Epus. Wigorn.
p. Epus. Assaphen.
Epus. Norwicen.
Epus. Roffen.
Epus. Glocestren.
Epus. Meneven.
p. Epus. Covent. et Lich.
Epus. Carlien.
Epus. Bathon. et Well.
p. Epus. Bangor.
p. Epus. Elien.
Epus. Lincoln.
Epus. Cicestren.
Epus. Oxon.
p. Epus. Bristoll.
p. Epus. Cestren.
p. Epus. Landaven.
Epus. Sarum. |
p. Jac. Ley, Miles et Bar. Ds. Capit. Justic. Locum tenens, etc.
p. Vicecomes Maundevill, Magn. Thes. Angliæ.
p. Comes Wigorn. Ds. Custos Privati Sigilli.
Marchio Buckingham, Mag. Adm. Angliæ.
Marchio Winton.
p. Comes Oxon. Mag. Camer. Angliæ.
Comes Richmond, Sen. Hospitii.
Comes Pembrooke, Camer. Hospitii.
Comes Arundell et Surr.
Comes Northumbriæ.
Comes Nottingham.
Comes Salop.
Comes Kantiæ.
Comes Derbiæ.
p. Comes Rutland.
Comes Cumbriæ.
p. Comes Sussex.
p. Comes Huntingdon.
Comes Bath.
p. Comes South'ton.
Comes Bedford.
Comes Hertford.
p. Comes Essex.
p. Comes Lincoln.
Comes Suffolciæ.
p. Comes Dorset.
Comes Sarum.
Comes Exon.
p. Comes Mountgomery.
p. Comes Bridgwater.
Comes Lecestriæ.
p. Comes North'ton.
p. Comes Warwic.
p. Comes Devon.
p. Comes Cantabr.
p. Comes March.
p. Comes Holdernesse.
Comes Berk.
Vicecomes Mountague.
Vicecomes Wallingford.
Vicecomes Doncaster.
Vicecomes Purbecke.
Vicecomes Mansfeild.
p. Vicecomes Feildinge.
p. Ds. Abergavenny.
Ds. Audley.
p. Ds. Zouch.
Ds. Willoughby de Er.
Ds. Lawarr.
Ds. Morley et Mont.
Ds. Dacres de Her.
p. Ds. Stafford.
p. Ds. Scroope.
p. Ds. Duddeley.
p. Ds. Stourton.
Ds. Herbert de Sh.
p. Ds. Darce de Men.
Ds. Sandys.
Ds. Vaux.
Ds. Windsore.
p. Ds. Wentworth.
Ds. Mordant.
Ds. Cromwell.
Ds. Eure.
Ds. Wharton.
Ds. Sheffeild.
p. Ds. Paget.
Ds. Darce de Chich.
p. Ds. North.
Ds. Chandois.
Ds. Hunsdon.
p. Ds. St. John de Bletso.
Ds. Howard de Walden.
Ds. Wootton.
p. Ds. Russell.
p. Ds. Petre.
p. Ds. Graye de Grooby.
p. Ds. Danvers.
p. Ds. Gerard.
p. Ds. Spencer.
p. Ds. Say et Seale.
Ds. Denny.
Ds. Stanhop de Har.
p. Ds. Carew.
Ds. Arundell.
Ds. Knyvett.
Ds. Haughton.
Ds. Teynham.
p. Ds. Stanhop de Sh.
p. Ds. Noel.
Ds. Digby. |
Carr.
HODIE 1a
vice lecta est Billa, An Act for the Naturalizing of Sir Robert Carr, Knight, one of the Gentlemen of the Prince his Highness's Chamber.
Lands late the E. of Bedford's.
Hodie the Amendments of the Earl of Bedf's Bill
were Twice read, and Ordered to be ingrossed with the
Bill; the Bill is intituled, An Act for the freeing and
discharging of some Manors, Lands, and Tenements,
late the Earl of Bedf's, of and from certain Rents, &c.
L. Crumwell's Privilege. Naunton's Arrest.
This Day, John Naunton, Servant to the Lord Crumwell, being brought to the Bar, by virtue of a Writ of
Habeas corpus cum causa directed to the Sheriff of North'ton (per ordinem Curiæ 12 Maii), for that it appeared
unto the Court, that the said John Naunton was arrested,
at the Suit of Edmond Mason and Eliz. his Wife, in the
Time of Parliament, and contrary to the Privileges of
this House, the said John Naunton is, by Order of this
Court, discharged out of the Custody of the said Sheriff
of North'ton, and set at Liberty; and the Sheriff is also
discharged thereof, by the Order of this Court.
This Day the Lord Chief Justice, having received (fn. *)
, did bring in the Record of the same Judgment, according to Form in like Cases used. (Vid. ante
14 Maii, 1621).
Sir John Bennett.
Jurati in causa Johannis Bennett, Militis:
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William Milberye. |
George Bird. |
Floud's Charge.
Edward Floud being brought to the Bar, Mr. Attorney charged him with notorious Misdemeanours and
high Presumption: videlicet,
1. For rejoicing at the Losses happened to the King's
Daughter and her Children.
2, For discouraging of others, which bear good Affection unto them.
3. For speaking basely of them.
4. For taking upon him to judge of the Rights of
Kingdoms.
The First, Mr. Attorney' shewed, that, in December
last, Edward Floud (being Prisoner in The Fleet) having
Advertisement that Prague was taken, did, upon all
Occasions, shew himself joyful and glad of that Calamity and Afflictions which had happened unto the
Prince and Princess Palatine, the King's only Daughter,
and their Children.
And for the Second, Mr. Attorney (fn. †) shewed, that this
Edward Floud, relating unto Henrie Pennington this Loss
of Prague, and the Captivity (as he believed) of the
King's Son in Law, and of the King's Daughter and her
Children; and the said Pennington wishing that himself,
and all the convenient Men of this Kingdom, were pressed
forth, not to return with their Lives, till they had redeemed her from Captivity; he the said Floud replied: "I am sorry, thou art such a Fool." And the
said Pennington reproving him for saying so, he the said
Floud replied, "That, if he had been out of his Chamber, he would have struck him."
And for the Third, Mr. Attorney shewed, That the
said Floud, taking Occasion to speak of these Matters,
did term the Prince and Princess Palatine (the King's
Daughter) by the ignominious and despiteful Terms of
"Goodman Palsgrave" and "Goodwife Palsgrave;"
and termed him "that poor Lad;" and scoffingly, and
with great Jollity, related a Stage Play of the Princess
running away with Two Children, the one under one
Arm, and the other under the other Arm, and the third in
her Belly, and the Palsgrave following with the Cradle.
And for the Fourth, Mr. Attorney shewed, That
one Abdias Cole going to preach on a Sunday Morning in
The Fleet, the said Floud called to him, and told him
that Prague is taken; and the said Abdias Cole answering, "That is little Comfort to me," Floud replied,
Nay, now we may freely speak it; for any Nobleman
has as good Right to be King of Wales, as he (meaning the Palsgrave) to be King of Bohemia."
Here Mr. Attorney opened that Point of the ancient
Oath of Allegiance: videlicet, (fn. *)
Of which Oath, and the Danger to the Offender in
such Case, the said Floud (being a Lawyer) could not
be ignorant; and that therefore his Offence was
greater.
And Mr. Attorney did further shew, That this Floud,
being a Man of good Estate, was a Justice of Peace in
his Country, videlicet, in the County of Salop,
* and for
that he was put out of the Commission (which was affirmed to be true, by Mr. Baron Bromley, being this
Day present).
And also that this Floud, having heretofore studied
the Common Laws of this Land in The Inner Temple,
where he was called to the Bar, was put out of that
Society by the Benchers of that House.
This being said, the Lord Chief Justice demanded of
Edward Floud what Answer he could make unto these
Misdemeanors, wherewith he was charged by Mr. Attorney.
Floud's Answer.
Edward Floude began with a long Discourse, to traduce the Persons of such as had deposed against him;
but, being demanded to make a direct Answer to the
Charge;
Resp.
He said, "I cannot remember that these Words were
ever spoken by me."
Whereupon the Clerk read the Depositions and Examinations of,
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Lettice Harris.
Henry Pennington.
John Broughton. |
George Hardman.
Edward Aldred.
Abdias Cole. |
Which being read, the Lord Chief Justice demanded of Floud, whether he spake these Words, "Goodman Palsgrave" and "Goodwife Palsgrave."
Resp.
He the said Floud said, "I spake not those Words in
such Sort as they are laid down in the said Examinations."
The Lord Chief Justice demanding of him again,
whether he spake those Words, or Words to that Effect;
Resp.
He answered, "It is but a Folly for me to deny
them, because so many have proved them." And afterwards he said, "I will not deny them, because so many
have proved them."
And he being demanded, whether he spake the other
Words, or used the insolent Behaviour towards the Prince
and Princess Palatine; answered,
Resp.
"I remember it not."
The Prisoner being withdrawn; although the Lords
were fully satisfied by these Examinations, and Floud's
Answers, yet, for Order Sake, it was put to the Question, Whether Edward Floud be so guilty of the Offences wherewith he is charged, as that he deserves to be
censured; and Agreed unto by all (nemine dissentiente).
Floud's Censure proposed.
The Censure against Edward Floud being propounded
in this Manner: videlicet,
1. Not to bear Arms as a Gentleman, &c.
2. To ride with his Face to the Horse Tail, to stand
on the Pillory, and his Ears nailed, &c.
3. To be whipped at a Cart's Tail.
4. To be fined at Five Thousand Pounds.
5. To be perpetually imprisoned in Newgate.
It was put to the Question, first, whether the said
Edward Floud shall be whipped or no, which some Lords
doubted to yield unto, because he was a Gentleman; yet
it was Agreed, per plures, that he shall be whipped.
Then it was put to the Question, Whether Edward
Floud's Ears shall be nailed to the Pillory, or no; and
Agreed, per plures, not to be nailed.
Then the Form of the Sentence being read, it was put
to the Question, Whether those Punishments therein
mentioned shall be inflicted on the said Edward Floud
or no; and Agreed unto generally.
Edward Floud being brought to the Bar again, Mr.
Attorney General came to the Clerk's Table, and making a short Repetition of Floude's Offence, prayed the Lords
to proceed to Judgement against him.
Whereupon the Lord Chief Justice pronounced the
Sentence in these Words: videlicet,
Floud's Santence pronounced.
"The Lords Spiritual and Temporal, considering
of the great Offence of the said Edward Floude, do
award and adjudge:
"1. That the said Edward Floud shall be incapable
to bear Arms as a Gentleman; and that he shall be
ever held an infamous Person, and his Testimony not
to be taken in any Court or Cause.
"2. That on Monday next, in the Morning, he shall
be brought to Westm. Hall, and there to be set on
Horse-back, with his Face to the Horse Tail, holding
the Tail in his Hand, with Papers on his Head and
Breast, declaring his Offence, and so to ride to the
Pillory in Cheapeside, and there to stand Two Hours
on the Pillory, and there to be branded with a Letter
K in his Forehead.
"3. To be whipped at a Cart's Tail, on the first
Day of the next Term, from The Fleet, to Westm.
Hall, with Papers on his Head, declaring his Offence,
and then to stand on the Pillory there Two Hours.
"4. That he shall be fined to the King in Five
Thousand Pounds.
"5. That he shall be imprisoned in Newgate, during
his Life."
Memorandum, The Clerk signed a Warrant to the
Serjeant at Arms, and the Warden of The Fleet, to see
this Sentence executed; with a Clause therein, for the
Sheriffs of London and Midd. and ali other His Majesty's Officers to whom it might appertain, to be aiding, and assisting unto them. And Memorandum, That
these Words were written in the Paper to be on Floude's
Head, declaring his Offence: videlicet,
Contents of the Paper fix'd on his Head.
For Ignominious and Despiteful Words and
malicious and scornful Behaviour towards the
Prince and Princess Palatine, The King's only
Daughter, and their Children.
Bills from the H. C.
Hodie allatæ sunt a Domo Communi novem Billæ:
quarum
1a intitulatur, An Act for Limitation, and for
avoiding of Suits in Law.
2a, An Act for the free Liberty of buying and selling Wools and Woollen Yarn.
3a, An Act concerning the Purveyance and Taking
of Horses, Carts, and Carriages, by Land and by Water,
for His Majesty's Service.
4a, An Act against such as shall levy any Fine,
suffer any Recovery, knowledge any Statute, Recognizance, Bail, or Judgment, in the Name of any other
Person or Persons, not being privy or consenting thereunto.
5a, An Act concerning the Transportation of Butter
made, and to be made, in the Dominion of Wales, and
County of Monmouth.
6a, An Act concerning Tobacco.
7a, An Act for the perfect Settling and Confirmation
of the Estates and Customs of the Customary Tenants
of the High and Mighty Prince Charles, of his Highness's
Lands, called Richmond Fee and Marques Fee, within
the Barony of Kendall, in the County of Westmerland.
8a, An Act for the Confirmation of Copyhold Estates
and Customs of divers Copyholders, of the Manors of
Stepney and Hackney, according to certain Indentures of
Agreements, and a Decree in the High Court of Chancery, made between the Lord of the said Manors and
the Copyholders.
9a, An Act for the settling of certain Manors and
Lands of the Right Honourable Anthony Viscount
Mountague, towards the Payment of his Debts, and raising his Daughters Portions.
Fines to be certified into the Exchequer.
The Lord Treasurer moved the House, That (fn. *) there
might be a Warrant for a Writ of Certiorari, to be directed to the Clerk of the Parliament, for certifying the
Fines assessed this Parliament into the Chancery; to the
End that, upon a Mittimus thereof into the Exchequer
(as the Order is), the same may be levied to the King's
Use, which was Ordered to be done accordingly, in
hæc verba:
"It is this (fn. †) Day Ordered, by the Lords Spiritual and
Temporal in the High Court of Parliament assembled, That a Writ of Certiorari be awarded out of the
Chancery, and be directed to the Clerk of this House,
commanding him to certify, in a Schedule under his
Hand and Seal, the Tenor of the Records of the
Fines imposed upon Gyles Mompesson, late Knight,
Francis Viscount St. Alban, late Lord Chancellor, Sir
Henry Yelverton, Knight, Frauncis Michell, late Knight,
and Edward Floud, in this Session of Parliament, begun and holden at Westm. the Thirtieth Day of
January last, and yet continued; and also that, upon
Certificate of the same made into the said Chancery,
there be forthwith awarded a Mittimus of the said
Records into the Chancery, to the End the same Fines
may be levied to His Majesty's Use accordingly."
Memorandum, That a Copy of this Order, signed by
the Clerk, was delivered to Mr. Bembow, Deputy Clerk
of the Crown.
Whipping Gentlemen to be inflicted only for Abuse of the Royal Family.
Ordered, That hereafter no Gentleman shall be
whipped, but in Case where he shall abuse the Persons
of the King, the Queen, or their Issue, with base or unfit
Terms:
Adjourn.
Dominus Capitalis Justiciarius, Locum tenens Domini Cancellarii, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 28m
diem instantis Maii, Dominis sic decernentibus.
Judgments to be inrolled.
Whereas, by the Order of the Eighteenth of this
Month, the Lords Sub-committees for Privileges, &c.
are to peruse the Draught of the Judgments given here
in Court; and, if they approve them, then to appoint
them to be ingrossed in a Roll:
The said Lords Sub-committees did this Day (after
the House was adjourned) deliver unto the Clerk the
Judgment given here against Gyles Mompesson, drawn up
at large by their Lordships Appointment, and perused
by them, and commanded the Clerk to enter the same
in the Roll amongst the Statutes.