House of Lords Journal Volume 3: 12 December 1621

DIE Mercurii videlicet, 12 die Decembris,

Domini tam Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:

Lord Morley's Privilege. Watts arrested.

THE Petition of Abraham Watts was read; humbly shewing, that he was, about July last, at the Suit of Samuel Chester, by Jefferye Kerrye, a Bailiff, (fn. 1) arrested and detained long in Prison, by William Browne, the then Under Sheriff of Midd. and Isacke Bringhurst, the Gaoler, although they all knew him to be Servant to the Right Honourable the Lord Morley: And that this Morning the late Warden of The Fleet, Alexander Harris, laid his Command upon the Petitioner, so as now he remaineth a Prisoner.

Whereupon the said Abraham Watts was brought into the House, and discharged of his said Imprisonment.

And it is Ordered, That the Serjeant at Arms attending this Court shall bring the Bodies of the said Samuel Chester, Jefferye Kerrye, Isacke Bringhurst, William Browne and Alexander Harris, before their Lordships, To-morrow at Nine in the Morning, to answer their said Contempt.

Mayor of Banbury discharged.

Richard Vivers (Mayor of Banbury) was brought to the Bar, to answer his Contempt, for arresting of Henry Cooper, Servant to the Right Honourable the Lord Mordant, and was discharged of the said Contempt; and yet with an Admonition to be more careful hereafter of the Privileges of this High Court.

Ld. Stafford's Privilege. Chappel's Arrest.

William Whittingham (at whose Suit John Chappell, Servant to the Lord Stafford, was arrested) was also brought to the Bar, to answer his Contempt, whereof he was discharged; and yet * it was Ordered, That John Chappell shall appear here To-morrow Morning, to make good his Complaint contained in his Petition exhibited here concerning his said Arrest.

It is Agreed, That the Lords Sub-committees for Privileges, &c. shall, on Friday Morning next, give an Account unto the Grand Committee, what Order they have thought fit to be had for the Redress of the Abuse of the Privileges of the Lords of Parliament.

Sir John Bourchier.

The House being put in Mind of their Vote agreed on Yesterday, that Sir John Bourchier shall receive some Censure or Punishment for his Misdemeanor, in laying an Imputation upon the Lord Keeper; and their Lordships having deliberately discussed the same, it was put to the Question.

1. Whether the said Sir John Bourchier shall make Acknowledgement of his Fault here in Court or no?

And the same was generally Agreed unto.

2. It was also put to the Question, whether the said Sir John Bourchier shall acknowledge his Fault also in the Chancery, or no?

And the same was also Agreed unto.

3. And it was put to the Question also, Whether the said Sir John Bourchier shall be imprisoned, or no?

And likewise Agreed unto.

These Questions being thus put, and Agreed unto, The Lord Keeper, removing to his Sent as a Peer, gave the Lords most humble Thanks, in his own Name, and in the Name of all the Judges, for this their honourable Censure.

Lord Keeper in arceded for Sir John Bourchier.

And his Lordship shewed, That the said Sir John Bourchier behaved himself very modestly and temperately in the Chancery, at the Hearing of his Cause; and therefore he besought their Lordships to remit unto him the Acknowledgement of his Fault there, and his Imprisonment. And the whole House highly commended the Clemency of the Lord Keeper; and, at his Lordship's Request, they remitted the same.

Sir John Bourchier censured.

Sir John Bourchier being brought to the Bar, and kneeling, the Lord Keeper pronounced the Censure of the Lords; and, he being withdrawn, the Manner of his Acknowledgement of his Fault here was set down in Writing.

His Submission.

Sir John Bourchier being brought to the Bar again, the said Acknowledgement was delivered unto him; and he kneeling said, "My Lords, in Obedience to the "Judgement of this House, I humbly submit myself;" and then read the same upon his Knees: videlicet,

Sir John Bourchire his Acknowledgement.

"Whereas, by the Honourable Sentence of the Lords Spiritual and Temporal, I stand convicted of a great Misdemeanor, for taxing and laying an Imputation upon the Lord Keeper of the Great Seal of England, I do, in all Humbleness, acknowledge the Justice of that their Sentence, and also mine own Fault and Offence, and am heartily sorry therefor; and do crave Pardon therefor, both of your Lordships in general, and the Lord Keeper in particular."

This Acknowledgement thus made, the said Sir John Bourchier was commanded to stand up; and then the Lord Keeper told him, that, at his Request, their Lordships have remitted the Acknowledgement to be made by him in the Chancery, and also his Imprisonment.

For which the said Sir John Bourchier most humbly thanked their Lordships in general, and his Lordship in particular.

Adjourn.

Dominus Custos Magni Sigilii declaravit præsens Parliamentum continuandum esse usque in diem crastinum, videlicet, 13^m diem instantis Decembris, hora nona, Dominis sic decernentibus.