Miscellanea parliamentaria containing presidents 1. of freedom from arrests, 2. of censures : 1. upon such as have wrote books to the dishonour of the Lords or Commons, or to alter the constitution of the government, 2. upon members for misdemeanours, 3. upon persons not members, for contempts and misdemeanours, 4. for misdemeanours in elections ... : with an appendix containing several instances wherein the kings of England have consulted and advised with their parliaments 1. in marriages, 2. peace and war, 3. leagues ... / by William Petyt of the Inner-Temple, Esq.

§3. Some Presidents for punishing persons that were no Members of the House, for contempts ànd misdemeanors.

I.* 1.1 ANno 4 E. 6. Criketost for confederating in the escape of one Floud, was committed to the Tower, and afterwards dischar∣ged paying his Fees.

II.* 1.2 Complaint was made by Sir Herbert Croft, of Bryan Tash a Yeoman of his Majesties Guard, for keeping out of the doors of the Vpper House; and Sir Herbert him∣self, and some others of the Com∣mons offering to come in, he re∣pulsed them, and shut the door up∣on them, with these uncivil and contemptible terms, Goodman Burgess you come not here.

The Question moved in this was, that for so great contempt, whe∣ther the House of it self should proceed to punish, or Address

themselves to the proper Officcr the Lord Chamberlain, Captain of the Guard, &c. And so was left for this day.

A President of the like contempt by a Gentleman-Usher, remem∣bred to have been questioned in this House in a Parliament in her Majesties time.

This day the contempt of the Yeoman of the Guard was again remembred,* 1.3 and propounded as meet to be left to the examination and report of the Committee for Returns and Priviledges. But here∣in an Honourable person, and a special Member of the House, in∣terposed his advice, that there might be some moderate course taken with respect to his Majesties Service, and to the eminent and honourable Officers whom it might concern: which induced the House thus far to be pleased, that the Offender the next day should ap∣pear and answer his contempt at the Bar, with caution and on pur∣pose

(which the House did then utter) that if he seemed to under∣stand his own offence, and be sorry for it, and would submit himself to the pleasure and mercy of the House, praying pardon and favour, they would remit and discharge him; and the Serjeant was com∣manded to attend the said Order for his appearance.

Bryan Tash a Yeoman of the Guard, for his contempt to the House, being in the custody of the Serjeant, and brought to the Bar, upon his submission and confession of his fault,* 1.4 Mr. Speaker pronoun∣ced his pardon and dismission, paying the ordinary Fees to the Clerk and Serjeant; and in the name of the House gave him ad∣vice and warning, for his better care and carriage hereafter, upon any the like occasions, in the course of his Service and Atten∣dance.

III.* 1.5 Anno 18 Jac. The Commons House of Parliament adjudged Sir Francis Mitchell, a Lawyer, to be prisoner in the Tower, for his many misdemeanors in and about the procuring of a Patent con∣cerning the Forfeitures of Recogni∣zances,* 1.6 and of Alehouse-keepers; and further ordered, that a Ser∣jeant at Arms should forthwith take him into his custody, and that at two of the clock that After∣noon,* 1.7 should carry him on foot through London-streets unto the Tower, there to be delivered to the Lieutenant.

After which the Commons im∣peached him before the Lords;* 1.8 who having examined his arbi∣trary acts, great crimes, and intol∣lerable villanies, by Imprisonments and the ruine of many Families, all proved, as may be seen in the Lords Journal.

The Lords agreed of the Sen∣tence of Sir Francis Mitchell,* 1.9 sent a Message unto the House of Com∣mons,

that the Lords have pro∣ceeded against Sir Francis Mit∣chell upon the complaint of the Commons, and they have found him guilty of many exerbitant offences,* 1.10 and are ready to give Judgment against him, if they with their Speaker will come to de∣mand it.

Answered, They will come ac∣cordingly with all convenient speed.

In the mean time the Lords put on their Robes.

The Commons being come, and the Speaker at the Bar, after low obeysance he said,

There was heretofore related unto your Lordships by the House of Commons,* 1.11 a complaint of many griivances against Sir Giles Mom∣pesson, and Sir Francis Mitchell, for many offences committed by them, committed against the King and the Commonwealth: your Lordships have proceeded with Mompesson, and given Judgment

also against him; understanding you are ready to pronounce Judgment also against the said Sir Francis Mitchell, I the Speaker, in the name of the Knights, Citi∣zens and Burgesses of the Commons House of Parliament, do demand and pray that Judgment be given against him the said Sir Francis Mitchell, according to his de∣merits.

The Lord Chief Justice* 1.12 pro∣nounced the Judgment, in haec verba. Mr. Speaker, the Lords Spiritual and Temporal have ta∣ken into due consideration the great care and pains taken by the Commons, to inform their Lord∣ships of the great Complaints, and the qualities and natures thereof, presented unto them against the said Sir Francis Mitchell, and others; whereof their Lordships being well prepared by them to the true understanding of the same, and thereupon have pro∣ceeded to the perfect discovery

thereof, by examination of divers Witnesses upon Oath, do find thereby Sir Francis Mitchell clear∣ly guilty of many great crimes and offences against his Majesty and the Commonwealth, and have te∣solved at this time to proceed to Judgment against him for the same: And therefore the Lords Spiritual and Temporal of this great and high Court of Parlia∣ment, do award and adjudge,

1.* 1.13 That the said Sir Francis shall stand and be from henceforth degraded of the Order of Knight∣hood, with reservation of the dig∣nity of his now Wife and Chil∣dren, and the ceremony of degra∣dation to be performed by dire∣ction of this Court,* 1.14 to the Earl Marshals Court.

2. That he shall be imprisoned during the Kings pleasure in Fins∣bury Gaol, in the same Chamber there which he provided for others; the Tower where he now remain∣eth, being a Prison too worthy for him.

3. That he shall undergo a Fine of 1000 l.

4. That he shall be disabled to hold or receive any Office under the King, or for the Common∣wealth.

IV. Anno 18 Jac.* 1.15 The Com∣mons after a Conference with the Lords, referred the Bailment of Matthias Fowles, George Geldard, and other Prisoners, who had been infamous Agents for Mom∣pesson and Mitchell, and by them transmitted to the Lords, (the Parliament being to be adjour∣ned for some time) the opinion of the Commons was, that the Gaol was the best Bail for them.

V. Anno 20 Jac.* 1.16 Dr. Harris, Minister of Blechingley, who had misbehaved himself by Preaching, and otherwise with respect to Ele∣ction of Members of Parliament there, and being complained of in the House, and referred to a

Committee; the Committee was clearly satisfied that it was a high and great Offence; they are of opinion he should be called to the Bar as a Delinquent, to be admo∣nished, and to confess his fault there and in the Countrey, and in the Pulpit of the Parish-Church,* 1.17 on Sunday seven-night before the Sermon.

The Doctor was brought to the Bar, and kneeled; the House a∣greed with the Committee, and Mr. Speaker pronounced Judgment upon him accordingly.

VI.* 1.18 Anno 3 Car. 1. Mr. Bur∣gesse, a Minister in Oxfordshire, who had abused his Function in the duty of Catechizing, by ma∣king an Interlude full of blasphe∣mous Speeches; and also in a Ser∣mon, which was made only to tra∣duce the Puritans, was sent for by a Messenger; being brought to the Committee, refused to an∣swer, for which he was com∣mitted:

1. To the Tower.

2. After petitioned for his deli∣verance, and humbly submitted; whereupon he was delivered out of the Tower.

VII.* 1.19 In the same Parliament, Sir William Wray, Mr. Langton, Mr. John Trelawnie, and Mr. Ed∣ward Trelawnie, being Deputy-Lievtenants of the County of Corn∣wall, assumed to themselves a power to make whom they only pleased, Knights of the Shire, de∣famed Sir John Elliot, and Mr. Corriton, who stood to be chosen, sent up and down the Countrey Letters for the Trained-bands to appear at the day of Election, me∣naced the Countrey, under the title of his Majesties pleasure.

It was Ordered,

1.* 1.20 That Mr. Langton and Mr. John Trelawnie be committed to the Tower, for their Offence done to the House, there to remain du∣ring the pleasure of the House, and

that they make a submissive ac∣knowledgment of their Offences.

2. And Sir William Wray, and Mr. Edward Trelawnie, be com∣mitted to the Serjeant, and so to remain till they make their Re∣cognition in the House.

After all which,* 1.21 the Question was, whether the Gentlemen should make the Recognition at the Assizes in Cornwall, or no: And it was Ordered,

That the Recognition and Sub∣mission should be made in the Countrey;* 1.22 and a Committee was appointed to draw the Recogniti∣on, and they were sent to the Tower.

The four Gentlemen were cal∣led in to the Bar, and the Spea∣ker pronounced the Judgment up∣on them, all that while they kneeled.

VIII.* 1.23 Anno 3 Car. 1. Sir Tho∣mas Wentworth reporteth the Bu∣siness, concerning the Toll gran∣ted

to Levet for—Bridges in Yorkshire,* 1.24 to him and his Heirs, to be holden in Soccage of East-Greenwich, at 20 s. Rent, with power to seize Goods, &c.

No Grant hereof till 10 Jac. nor any fruit thereof till 15 Jac. the Bridge anciently in good re∣pair, some particularly bound to repair it.

This Patent adjudged by the Committee a Grievance to the Subject, both in the original Cre∣ation and Execution.

Upon Question so adjudged here:* 1.25 Ordered upon Question,

That Levet, that hath peremp∣torily exercised a Patent, here condemned the last Session, for taking Toll at—Bridges in Yorkshire, shall be sent for by the Serjeant at Arms attending upon this House.

IX. Anno 4 Car.* 1.26 1. Mr. Rolls a Merchant, and a Member of the House, informed the House that his

Goods were seized by the Custo∣mers for refusing to pay the Cu∣stoms by them demanded, although he told them he would pay what was adjudged to be due by Law.

It was ordered, that the Officers of the Custom-house should be sent for.

X.* 1.27 Sir John Elliot reported from the Committee for the Exa∣mination of the Merchants busi∣ness, That the Committee finding Acton Sheriff of London in preva∣rications and contradictions, in his Examination, which being con∣ceived to be a contempt to the House, he desires he might be sent for to answer his contempt.

Mr. Goodwyn. The Sheriff ac∣knowledgeth his error, and hum∣bly desireth so much favour, that he may once again be called be∣fore the Committee, and if he give not full content by his answer, he will refer himself to the wisdom and justice of the House.

Sir Walter Earl seconded this motion, so did Alderman Moulson, Secretary Cook, Chancellor of the Dutchy, and some others: but this offence being declared to be so great and gross, and that the Committee had given him so ma∣ny times to recollect himself, and he being so great an Officer of so great a City, had all the favour that might be, and yet rejected the same, and carried himself in a very scornful manner.

Wherefore it was ordered he should be sent for unto the House as a Delinquent to morrow mor∣ning.* 1.28

Sheriff Acton was called to the Bar,* 1.29 as a Delinquent upon his knees, and said, If he hath erred, it was through want of memory, or through ignorance, for he in∣tended not the least dislike or dis∣taste to any Member of the House; and withdraws.

Mr. Long. I shall move that he be sent to the Tower.

Mr.* 1.30 Littleton. You see the af∣fronts by Books, by Preaching, by Rumours; by being served with Process, these scorns are daily put upon us, that we are become but a meer scare-crow; the neglect of our duty is the cause of this, it is high time to remedy this, or it is in vain to sit here.

The Sheriff is again called to the Bar on his knees,* 1.31 and senten∣ced to the Tower.

XI.* 1.32 A Petition was preferred against one Lewis, who said▪ about the 25th. of December, The Devil take the Parliament: which was avowed by two witnesses. And al∣though it was spoken out of Par∣liament, yet it was resolved to be an offence to the Parliament: And it was ordered he should be sent for.

Notes

• * 1.1

  Journ. Dom. Com. 4 E. 6. Criketost's Case.
• * 1.2

  Journ Dom. Com. 1 Jac. Complaint that a Yeoman of the Guard who kept the door of the Lobby of the Upper House, against several of the Members of the House of Commons.
• * 1.3

  22 Marti. 1603
• * 1.4

  Tash brought to the Bar, sub∣mits, and is par∣doned, paying Fees.
• * 1.5

  Journ. Dom. Com. 18. Jac. Sir Francis Mitchell's Case.
• * 1.6

  Committed to the Tower.
• * 1.7

  Carried on foot through London-streets.
• * 1.8

  After impea∣ched by the Commons be∣fore the Lords.
• * 1.9

  Journ. Dom. Proc. 18 Jac. The Lords send to the Commons.
• * 1.10

  That they are ready to give Judgment a∣gainst Mitchell, if they would come and de∣mand it.
• * 1.11

  The Commons by their Spea∣ker demand Judgment a∣gainst Sir Francis Mitchell.
• * 1.12

  The Lord Chief Justice pro∣nounceth the Judgment.
• * 1.13

  The Judgment of the Lords against Sir Francis Mit∣chell.
• * 1.14

  There was a Clause in Pa∣tents of Mono∣polies, whereby power was given to impri∣son, and hun∣dreds were committed by colour thereof to Finsbury Gaol, and the Fleet.
• * 1.15

  Journ. Dom. Proc. 18 Jac. Fowles, Geldard and others committed.
• * 1.16

  Journ. Dom. Com. 20 Jac. Dr. Harris's Case.
• * 1.17

  To recant in the Pulpit.
• * 1.18

  Journ. Dom. Com. 3 Car. 1. Mr. Burgesse, a Minister, his Case.
• * 1.19

  Journ. Dom. Com. The Case of Sir William Wray, M. Lang∣ton, Mr. John Trelawnie, and Mr. Edward Trelawnie.
• * 1.20

  The Judgment of the Com∣mons.
• * 1.21

  The Commons House of Parli∣ament adjudge them.
• * 1.22

  To make sub∣mission in the Countrey at the Assizes.
• * 1.23

  Journ. Dom. Com. 3. Car. 1.
• * 1.24

  Levet, for exe∣cuting a Patent in time of Pro∣rogation, which was adjudged a Grievance by the House in the last Session, ordered to be sent for by the Serjeant at Arms.
• * 1.25

  Journ, Dom. Com. 4. Car. 1. The Parliament prorogued.
• * 1.26

  Journ. Dom. Com. 4 Car. 1. The Officers of the Custom-house.
• * 1.27

  Journ. Dom. Com. 4 Car. 1. The Case of Acton, Sheriff of London, for contempt in prevaricating in his Testimo∣ny.
• * 1.28

  Ordered to be sent for.
• * 1.29

  Tuesd. 10 Feb. Appears, and called to the Bar.
• * 1.30

  His Crime with others aggravated.
• * 1.31

  Sentenced to the Tower.
• * 1.32

  Journ. Dom. Com. 4 Car. 26 Jan. The Case of Lewis.