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.

§ 4. Some Presidents for punishing of Misdemeanours in Elections.

I. IN the Parliament of the 18.* 1.1 of King James, the Mayor of Winchelsey, for misbehaving of himself at the Election of Parlia∣ment-men for that Town, and ma∣king a false Return. It was Re∣solved upon the Question.

1.* 1.2 That the Mayor of Winchel∣sey had committed a Contempt and Misdemeanour against this House, and therefore shall stand committed to the Serjeant till Saturday morning, then making his Submis∣sion here at the Bar, to be dis∣charged of any further punishment here.

2. But to make his Acknow∣ledgment in the Town before the new Election.

II.* 1.3 Anno 20 Jac. Upon the Report of Mr. Glanvile, concer∣ning the Burrough of Arundel, be∣cause

the Mayor had misbehaved himself in the Election, by put∣ting the Town to a great deal of Charge, not giving a due and ge∣neral warning, but packt a num∣ber of Electors: It was Resolved,

1. The Mayor not being in Town, a Warrant be sent for him.

2.* 1.4 Resolved upon another Question, that Mr. Alford, Mr. Bing, and Mr. Lathorn, shall set down the Charges.

III.* 1.5 Anno 21 Jac. Mr. Glan∣vile reports the Misdemeanour of the under-Sheriff of Cambridgshire, who refused the Pole, declaring, Sir Thomas Steward promised him to defend him against Sir John Cutts, and told him, he should have no wrong nor damage.

Resolved upon the Question,

That this under-Sheriff shall be committed to the Serjeant's Custo∣dy till Thursday next.* 1.6

Resolved also upon the Que∣stion, That making his Submission

at the Bar, and acknowledging his offence, he shall be discharged from any further punishment in this place.

Resolved also upon a third Question,* 1.7 That the under-Sheriff shall make a further Submission openly at the next Quarter-Sessi∣ons to be holden in the County, and acknowledge his faults.

Edward Ingry brought to the Bar, and kneeling upon his knees, Mr. Speaker denounced upon him the Judgment of the House.

IV.* 1.8 Mr. Hackwell reports from the Committee about the Sheriffs of York, and others, for the Ele∣ction of Sir Thomas Savill.

The two Sheriffs, and two Al∣dermen are Delinquents; one of the Sheriffs, and one of the Alder∣men are most faulty: Sheriff Thomp∣son had committed two offen∣ces; First, his hasty and precipitate Judgment of the Election, to pre∣vent the Election of Hoy: Second∣ly,

in denying the Poll, being re∣quired. First, his hasty and preci∣pitate Judgment, was done with∣out acquainting his fellow Sheriff, and it was within a quarter of an hour after the reading of the Writ, and half an hour after nine a clock; and while he was doing of it, he was admonished, and told that he could not answer it, and that he might defer it; yet he did obstinately proceed, and answered them frowardly, and said he would do it, and that he would justifie it. His excuse was thus: that it was indeed suddenly done, but it was done so formerly. But to that it was replied, That ne∣ver before above two were in Ele∣ction. Secondly, he answered, That it was not of his own head, but some Aldermen advised it; but that was Alderman Cooper, a Delinquent for that offence. For the other offence, in denying the Poll after it was demanded, and that was before he had pronoun∣ced

any Judgment; but he was willing that Robinson should have the Poll, for he knew he could not carry it: but he refused Hoy, and he was required ten times, but gave no answer at all. His beha∣viour before the Committee was impudent, and he would answer nothing directly. The Committee found this man to be an engaged man,* 1.9 and that he was promised to be saved harmless. For Alderman Henlow, he procured the Company of Taylors two days before the Election, and published Sir John Savill's Letters, and pressed it, and upon some he pressed it so much, that they should elect Sir Thomas Savill, and said the Par∣liament will not hold. He dealt with the Sheriffs also, and told them divers words of Sir John Sa∣vill, that he would take it very ill; and, said he, if you will choose Sir Thomas Savill, you shall be sa∣ved harmless. Also he endeavou∣red to procure a Certificate, that

Sir Thomas Savill was duly ele∣cted; when any refused, he said they were factious Fellows, and otherwise threatned. The Com∣mittee censured Sheriff Thompson, and this Alderman Henlow, First, that they should stand committed to the Serjeant during pleasure. Secondly, that they should ac∣knowledge their offences at the Bar in the full House, and pay all due Fees before they be dischar∣ged. Also they should defray all the charges of the Witnesses of Alderman Hoy, to be assessed by four of the Committee.* 1.10 And that they should make acknowledge∣ment of their fault before the Court of Aldermen at York; and that the Mayor should certifie their submission to the House.

As for Alderman Cooper, he as∣sembled the Company of Mer∣chants, and read Sir John Savill's Letter for the Election of his Son, and also he at the Election per∣swaded the Sheriff to give Judg∣ment.

Sheriff Atkins was only passive, and did not refuse to joyn with the other Sheriff. As for the point of charges given to the Wit∣nesses of Hoy, it was doubtful and objected against by some, whether it lay in our power: But it was replied, That in every Court it is necessary to have power to impose Fines, and why we should want power for offences that lye in our cognizance, is not to be questio∣ned; else the party that is duly elected, and that justifies the free Election, and maintains the free∣dom and liberty of the Common∣wealth, shall be more punished then the Delinquent: Also we have power to imprison, which is more then a Fine: Also we have as much as the Lords House, in those things that lye in our Juris∣diction. 13 Eliz. 10 Maii, The Mayor of Westbury in Wiltshire took 4 l. for a Return; Mr. Long fined 20 l. and ordered to bring in a Bond made him for a greater

sum. 23 Eliz. 5 Januar. Mr. Ar∣thur Fall writ a Book to the dis∣honour of this House; It was or∣dered, that the Serjeant should go to apprehend him, assisted by two Knights of this House. 14 Febr. he was brought to the Bar, and sent to the Tower, and fined 500 Marks, and expelled the House, and kept in the Tower six months. 23 Eliz. 18 Martii, a Fine was assessed on every one that was absent without leave. 6 H. 8. cap. 16. our Clerks Book is termed a Record. 21 Jac. the Election of the Burgess of Arun∣del in Sussex; and there it was ordered, that the Witnesses char∣ges should be born: And then there was 10 l. paid down by one, a Member of this House. 12 Jac. a Servant of Justice Whitlock's was Arrested by one Lock and Moon,* 1.11 who were enjoyned to ride both on Horse-back, with their faces to the Horses tails: And Mr. Hackwell said, he him∣self

self saw the execution of it in Cheapside.

3 Jacobi,* 1.12 the Baron of Walton's Sollicitor, being his Servant, was Arrested; he claimed the privi∣ledge, and the party that caused the Arrest was Fined, and it was left to the Speaker to moderate the Fine. 18 Jacobi, certain Con∣stables of York, for Misdemeanors, were sent for up, and one was acquitted, and had 5 l. given him for his charges. At the last Par∣liament, Sir George Hastings Kt. was elected Knight of Leicester∣shire, and was Arrested by the Sheriff at his Election, and com∣plained here, and his Witnesses were ordered to have their costs paid them.

Ordered that Thompson and Henlow pay the charges of Wit∣nesses,* 1.13 brought up about the proof of the said Election, and that they shall not be discharged from the Serjeant till they pay their Fees; and four Gentlemen of the House

are to moderate and set down the charges in certain. And it is ordered, that they shall be com∣mitted to the Serjeant, till they make their submission at the Bar, and acknowledge their faults on their knees, and read a submission. As for the submission to be made at York, it was through great fa∣vour remitted by the House.

To all which I shall add the ensuing President.

Lunae 4 Junii, 19 Jacobi.

7.* 2.1 The Commons House of Parlia∣ment hath this day adjudged Randolph Davenport Esq for his offence in mis-informing the same House, in a Cause wherein he was produced as a Witness, to be com∣mitted prisoner to the Tower, for the space of one whole month, and then to be discharged paying his Fees. These are therefore in the behalf of the said House of

Commons, to require and charge you to receive the said Randolph Davenport into your custody, within the Prison of the Tower, under your charge, and him there∣in safely to detain and keep, for the space of one whole month, and then to discharge him, paying his Fees; and this shall be your Warrant in this behalf. Given under my hand this 4th. of June, 1621.

To Sir Allen Apsley Knight, Lieutenant of the Tower.

An Act to secure the Debt of Simp∣son,* 2.2 and others, and save harm∣less the Warden of the Fleet, in Sir Thomas Shirley's Case.

Soit baile aux Seigniours.

A cest Bille ovEsq les Amend∣ments annexes, les Seigniours ont assentus.

HUmbly pray the Commons of this present Parliament, That whereas Thomas Shirley Kt. which came by your Highness's Commandment to this your pre∣sent Parliament, being elected and returned a Burgess for the Burrough of Steyning, in your Highness's County of Sussex, was upon the 15th. day of March last past, arrested by the Sheriffs of London, at the Suit of one Giles Simpson, first upon an Action of Debt, and afterwards laid and de∣tained in Execution upon a Recog∣nizance,

of the nature of the Sta∣tute Staple of 3000 l. in the Pri∣son, commonly called the Compter in the Poultrey in London, at the Suit of the said Simpson, and from thence by Habeas Corpus was removed to your Majesties Pri∣son of the Fleet, where for a time he was detained in Execution, as well upon the said Recognizance, as to answer to two Actions of Debt, one of 2000 l. at the Suit of William Beecher, the other of 3000 l. also at his Suit, and to answer one other Action of Debt of 300 l. at the Suit of one John King,* 2.3 contrary to the Liberties, Priviledges and Freedom, accu∣stomed and due to the Commons of your Highness's Parliament, who have ever used to enjoy the freedom in coming and returning from the Parliament, and sitting there with∣out restraint and molestation, and it concerneth your Commons greatly to have this Freedom and Priviledge inviolably observed:

Yet to the end that no Person be prejudiced or damnified hereby, May it please your Highness, by the Assent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the Authority of the same, it may be Ordained and Enacted, That the said Sheriffs of London, the now Warden of the Fleet, and all others, that have had the said Thomas in Custody, since the said first Arrest, their Executors or Administrators, or any of them, may not, nor shall in any wise be hurt, endamaged, or grieved, be∣cause of dismissing at large of the said Thomas Shirley, saving always to the said Giles Simpson, and other the Persons aforesaid, at whose Suit the said Thomas is de∣tained in Prison, his, their, and every of their Executions and Suits, at all time and times, af∣ter the end of this present Session of Parliament, to be taken out and prosecuted, as if the said

Thomas had never been arrested, or taken in Execution, and as if such Actions had never been brought or sued against him, sa∣ving also to your Majesties said Commons, called now to this your Parliament, and their Successors, their whole Liberties, Franchises and Priviledges, in all ample man∣ner and form, as your Highness's said Commons at any time before this day have had, used and en∣joyed, and ought to have, use and enjoy, this present Act and Petiti∣on in any wise notwithstanding. Soit fait come & est desire.

The Petition exhibited to his Ma∣jesty,* 2.4 by the Lords Spiritual and Temporal in this present Parlia∣ment assembled, concerning di∣vers Rights and Liberties of the Subjects, with the Kings Maje∣sties Royal Answer thereunto in full Parliament.

To the Kings most Excellent Majesty.

HUmbly shew unto our So∣vereign Lord the King, the Lords Spiritual and Temporal, and Commons in Parliament as∣sembled, That whereas it is De∣clared and Enacted by a Statute made in the time of the Reign of K. Edward the I commonly cal∣led,* 3.1 Statutum de Tallagio non con∣cedendo:* 3.2 That no Tallage or Aid shall be laid or levied by the King or his Heirs in this Realm, with∣out the good will and assent of the Archbishops, Bishops, Earls, Ba∣rons, Knights, Burgesses, and other

the Free-men of the Commonalty of this Realm. And by Authority of Parliament holden in the 25. year of the Reign of K. Edward the III. it is Declared and Ena∣cted,* 3.3 That from thenceforth no per∣son should be compelled to make any Loans to the King against his will, because such Loans were against Reason, and the Franchise of the Land.* 3.4 And by other Laws of this Realm it is provided,* 3.5 That none should be charged by any Charge or Imposition called a Be∣nevolence, nor by such like Charge, by which the Statutes before∣mentioned, and other the good Laws and Statutes of this Realm, your Subjects have inherited this freedom, That they should not be compelled to contribute to any Tax, Tallage, Aid, or other like Charge, not set by common consent in Par∣liament.

Yet nevertheless of late divers Commissions directed to sundry Commissioners in several Counties,

with Instructions, have issued, by means whereof your People have been in divers Places assem∣bled, and required to lend cer∣tain sums of Money unto your Majesty; and many of them upon their refusal so to do, have had an Oath administred unto them, not warrantable by the Laws or Sta∣tutes of this Realm, and have been constrained to become bound to make appearance, and give atten∣dance before your Privy Councel, and in other Places; and others of them have been therefore im∣prisoned, confined, and sundry other ways molested and disquie∣ted; and divers other Charges have been laid and levied upon your People in several Counties, by Lord-Lievtenants, Deputy-Lieutenants, Commissioners for Musters, Justices of Peace, and others, by Command or Direction from your Majesty, or your Pri∣vy Councel, against the Laws and free Customs of the Realm.

And where also by the Statute called the Great Charter of the Li∣berties of England,* 3.6 it is declared and Enacted, That no Freeman may be taken or imprisoned, or be disseised of his Freehold or Liber∣ties, or his free Customs, or be Out∣lawed or Exiled, or in any manner destroyed, but by the lawful Judg∣ment of his Peers, or by the Law of the Land.

And in the 28th.* 3.7 year of the Reign of K. Edward the III. it was Declared and Enacted by Authority of Parliament, That no man, of what Estate or Condition that he be, should be put out of his Land or Tenements, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought to answer by due process of Law.

Nevertheless against the tenour of the said Statutes,* 3.8 and other the good Laws and Statutes of your Realm to that end provided,* 3.9 di∣vers of your Subjects have of late* 3.10 been imprisoned without any cause* 3.11

shewed; and when for their deli∣verance they were brought before your Justices, by your Majesties Writs of Habeas Corpus, there to undergo and receive as the Court shall order, and their Keepers com∣manded to certifie the causes of their detainer, no cause was cer∣tified, but that they were detained by your Majesties special Com∣mand, signified by the Lords of your Privy Councel, and yet were returned back to several Pri∣sons, without being charged with any thing, to which they might make answer according to the Law.

And whereas of late great com∣pany of Souldiers and Mariners have been dispersed into divers Counties of the Realm, and the* 3.12 Inhabitants against their wills have been compelled to receive them into their Houses, and there to suffer them to sojourn, against the Laws and Customs of this Realm, and to the great grievance and vexation of the People.

And whereas also by Authority of Parliament, in the 25th.* 3.13 year of the Reign of K. Edward the III. it is Declared and Enacted, That no man should be forejudged of Life or Limb, against the form of the great Charter, and the Law of the Land;* 3.14 and by the said great Charter,* 3.15 and other the Laws and Statutes of this your Realm,* 3.16 no man ought to be adjudged to death, but by the Laws established in this your Realm, either by the Customs of the same Realm, or by Acts of Parliament.

And whereas no Offendor,* 3.17 of what kind soever, is exempted from the Proceedings to be used, and Punishments to be inflicted, by the Laws and Statutes of this your Realm; nevertheless of late divers Commissions under your Majesties Great Seal have issued forth, by which certain persons have been assigned and appointed Commissioners, with Power and Authority to proceed within the

Land, according to the Justice of the Martial Law against such Souldiers and Mariners,* 3.18 or other dissolute persons joyning with them, as should commit any Mur∣ther, Robbery, Felony, Mutiny, or other Outrage or Misdemeanour whatsoever, and by such summary Course and Order, as is agreeable to Martial Law, and as is used in Armies in time of War, to proceed to the Tryal and Condemnation of such Offendors, and them to cause to be executed and put to death, according to the Law Martial.

By pretext whereof, some of your Majesties Subjects have been by some of the said Commissioners put to death, when and where if by the Laws and Statutes of the Land they had deserved death, by the same Laws and Statutes also they might, and by no other ought to have been judged and executed.

And also sundry grievous Offen∣dors, by colour thereof claiming an exemption, have escaped the

Punishments due to them, by the Laws and Statutes of this your Realm, by reason that divers of your Officers and Ministers of Ju∣stice have unjustly refused, or for∣born to proceed against such Offen∣dors, according to the same Laws and Statutes, upon pretence that the said Offendors were punishable only by Martial Law, and by Authority of such Commissions as aforesaid, which Commissions and all other of like nature, are wholly and directly contrary to the said Laws and Statutes of this your Realm.

They do therefore humbly pray your most Excellent Majesty, that no man hereafter be compelled to make or yield any Gift, Loan, Be∣nevolence, Tax, or such like Charge, without common Consent by Act of Parliament; and that none be cal∣led to make answer, or take such Oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same,

or for refusal thereof; and that no Freeman in any such manner as is before mentioned, be Imprisoned or Detained; And that your Ma∣jestie would be pleased to remove the said Souldiers and Mariners, and that your People may not be so burthened in time to come; And that the foresaid Commissions for proceeding by Martial Law, may be revoaked and adnulled; And that hereafter no Commissions of like nature may issue forth to any Person or Persons whatsoever, to be executed as aforesaid, least by colour of them, any of your Majesties Subjects be destroyed or put to death, contrary to the Laws and Franchises of this Land.

All which they most Humbly Pray of your most Excellent Ma∣jesty,* 3.19 as their Rights and Liberties, according to the Laws and Sta∣tutes of this Realm; And that your Maiestie would also vouch∣safe to declare that the awards, doings, and proceedings, to the

prejudice of your People, in any of the premisses, shall not be drawn hereafter into Consequence or Ex∣ample; and that your Majesty would be also graciously pleased, for the further comfort and safety of your People, to declare your Royal Will and Pleasure,* 3.20 That in the things aforesaid, all your Offi∣cers and Ministers shall serve you, according to the Laws and Statutes of this Realm, as they tender the Honour of your Majesty, and the Prosperity of this Kingdom.

Which Petition being read the 2d. of June, 1628. the King's Answer was thus delivered un∣to it.

THe King willeth that Right be done, according to the Laws and Customs of the Realm, and that the Statutes be put in due execution, that his Subjects may have no cause to complain of any wrong or oppressions, contrary

to their just Rights and Liberties,* 4.1 to the preservation whereof, he holds himself in Conscience as well obliged, as of his Prerogative.

But this Answer not giving sa∣tisfaction, the King was again pe∣titioned unto, that he would give a full and satisfactory Answer to their Petition in full Parliament.

Whereupon the King in Person, upon the 7th. of June, made this 2d. Answer.

My Lords and Gentlemen,

THe Answer I have already given you, was made with so good deliberation, and approved by the Judgments of so many wise men, that I could not have imagi∣ned but that it should have given you full satisfaction; but to avoid all ambiguous Interpretations, and to shew you there is no doubleness in my meaning, I am willing to please you in words as well as in

substance; read your Petition, and you shall have an Answer that I am sure will please you.

And then causing the Petition to be distinctly read by the Clerk of the Crown, the Clerk of the Parliament read the King's An∣swer thereunto in these words:

Soit droit fait come est desire.

Notes

• * 1.1

  Journ. Dom. Com. 18 Jac. The Case of the Mayor of Winchelsey.
• * 1.2

  Judgment a∣gainst the Mayor.
• * 1.3

  Journ. Dom. Com. 20 Jac. The Case of the Mayor of Arundel for Misdemeanour.
• * 1.4

  Judgment. To pay the Charge, to be set down by 3 Members.
• * 1.5

  Jou••n Dom. Com 21 Jac. The Case of Ingry the under She∣riff of Cam∣bridgeshire
• * 1.6

  Judgment.
• * 1.7

  To make a sub∣mission at the Sessions.
• * 1.8

  Journ. Dom. Com. 3 & 4 Car. 1. Tuesd. Apr. 29. The Case of the Sheriffs of York, and others touching the Election of Sir Thomas Savile.
• * 1.9

  Nota.
• * 1.10

  Nota.
• * 1.11

  Nota.
• * 1.12

  Sir Robert Phi∣lips.
• * 1.13

  The Sheriff to pay the charges of the Witnes∣ses, to be set down by four Witnesses.
• * 2.1

  Committment of Davenport to the Tower, for misinfor∣ming the House of Commons, as a Witness.
• * 2.2

  Anno primo Regis Jacobi, Num. 42. penes Joh. Brown, Ar. Cler. Parliamentor.
• * 2.3

  Nota.
• * 2.4

  Anno 3 Car. 1. Pult. Stat. fol. 1433.
• * 3.1

  34 E. 1.
• * 3.2

  No Tallage or Aid to be laid or levied with∣out Authority of Parliament.
• * 3.3

  1 E. 3. 6.
• * 3.4

  11 R. 2. 9.
• * 3.5

  1 R. 3. 2.
• * 3.6

  9 H. 3. 29.
• * 3.7

  28 E. 3. 3.
• * 3.8

  37 E. 3. 18.
• * 3.9

  38 E 3. 8.
• * 3.10

  42 E. 3. 3.
• * 3.11

  17 R. 2. 6.
• * 3.12

  Quartering Souldiers a∣gainst Law.
• * 3.13

  25 E. 3. 9.
• * 3.14

  9 H. 3. 29.
• * 3.15

  25 E. 3. ••4.
• * 3.16

  28 E. 3. ••3.
• * 3.17

  Nota.
• * 3.18

  Martial Law in time of Peace, against the Laws and Sta∣tutes of England
• * 3.19

  Nota.
• * 3.20

  Nota.
• * 4.1

  Here the good King condemns the Law and Doctrine of Dr. Cowell, Blackwood, Manwaring, Fulbeck, Sibthorpe, Alablaster, Filmer, and their Transcri∣bers and Disci∣ples.