House of Lords Journal Volume 3: 26 May 1621

DIE Sabbati, videlicet, 26 die Maii,

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

Carolus Princeps Walliæ, etc.

Carr.

HODIE 1^a 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. 1) , 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:

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. 2) 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. 3)

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,

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

1^a intitulatur, An Act for Limitation, and for avoiding of Suits in Law.

2^a, An Act for the free Liberty of buying and selling Wools and Woollen Yarn.

3^a, An Act concerning the Purveyance and Taking of Horses, Carts, and Carriages, by Land and by Water, for His Majesty's Service.

4^a, 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.

5^a, An Act concerning the Transportation of Butter made, and to be made, in the Dominion of Wales, and County of Monmouth.

6^a, An Act concerning Tobacco.

7^a, 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.

8^a, 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.

9^a, 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. 4) 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. 5) 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, 28^m 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.