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May 5, p. m.
set fines, is a court of record; and that our At a Conference with the Lords.
House hath power to fine and imprison, he de.
sireth their lordships to remember that in 10 The lord archbishop of Canterbury saith, that Ed. 3. an archbishop for causing a member of their lordships' purpose is not to give any par- our House to be served with a subpæna was don or defence to Floid or his offence, but only grievously fined; that by the statute of 5 Hen. to confer of the manner of Floid's punishment; | 4. all menial and other servants of a member of for their lordships say not but that he hath de- our House are free from all arrest. It is maserved as great a punishment as we have cen- nifest and known to all, that whosoever hath a sored him, and perhaps more. That he is happy court of record may incidentally examine on who shall bring any thing that may conduce oath. In 3 Jac. the warden of the Fleet to the seeking forth of the truth of this offence: was examined at the bar in the House of Comthat their lordships seek not, nor purpose to mons on oath. That these words were spoken question any power bereby.
against the members of our House ; for filia Sir Samuel Sandes saith that our House doth est pars patris,' and the king is ever intended to with all respect and thankfulness acknowledge be resident in our House. their lordships' favour, in the good correspon- The Lord Treasurer saith, that the Lords ex. dency that hath been during this parliament pected, that we would have shewn precedents between the two Houses. l'hat we are free that this business was censurable by our House: from any intent to make any irruption into their That their lordships do acknowledge that what lordships cou:t, but, having such an occasion concerneth the House of Commons, any memoffered, we thought we might without offence ber, or the servant of any member of that or prejudice, extend our jurisdiction; which House, doth lie within the compass of our yet we have not done farther than, we conceive, power to judge of. reason did lead us. That this complaint was Sir Ed. Sandys saith, that we did not intend first brought to us, as a fault against the War to extend our power beyond the privileges of our den of the Fleet, (who stands charged with House:–That in this particular (whereof we many foul crimes before us) for that he (having hope there will here never be the like again) we heard of these scandalous speeches spoken by thought we might refer it to the reason of our Floid his prisoner) concealed the same. That other judgments, for we may judge of things when we understood hereof, out of our zeal to done against this House, or a member thereot; his majesty and his children, we presently sent and we take this to be against the king, who is for this Floid who spake those vile and malici- as resident with us as any member: And we ous words, and on searching of bim we found thought delay would have extenuated our judg. in his pocket a scandalous libel against a noble ment and his offence; and, though we have not member of this House ; (sir Edw. Coke,) but used to judge in such a case, yet deficiente we thought it not seemly to join that offence * consuetudine referendum ad rationem genewith so great a one against so noble a lady and • ralem.' her husband, and so proceeded to an upanimous The Lord Treasurer saith, that the Lords do judgment against him. That we hope, as we free us from any intent in us hereby to invade are careful not to touch the hem or skirts of their lordships' privileges : That they will be their lordships privileges, so their lordships will ready to do us right, so we take a right way not press too hard on ours, we having herein without prejudice to their privileges; but, now done pothing, but what some lawyers of our we have shewed our zeal, they will shew theirs. House (he hopeth) will shew, that by law we may and are warranted to do.
May 8. The Lord Treasurer saith, that the Lords do Conference with the Lords, touching the conceive, that all those offences, which concern Judgment given on Floid. not the lower House or some member of it, do The Archbishop of Canterbury saith, that the properly belong to be judged by the upper Lords were the first that did suffer in this House, as by long practice and many prece- business, and the Lords were the first that dents is shewn and manifest.
did send in it: That the Lords do strive to Sir Eduard Coke saith, that we hope their exceed us in nobleness, and seek not superiority lordships will deal with us, as Abraham did with but verity: That they seek not to abridge our Lot, who, having chose the left hand, gave him liberties, nor would have us make irruption on the right, and bad him go whither he list. He their privileges : That their lordships ever had saith, that the House of Commons hath, in such causes judged by them, and do pray, that many things, a free liberty of judicature: he we will leave their lordships where we found desireth their lordships to remember, that they them. were gentlemen before they were lords; and The Master of the Wards saith, that we d? therefore we hope, their lordships will make a so much embrace the good correspondency arui favourable construction, and not press too hard amity that is between the Houses, that we came on us, if we have (as we believe, and hope we rather for an accommodation than a disputation. have not) gone beyond precedents. He de- The Archbishop of Canterbury saith, that sireth their lordships will be pleased to consi- their lordships will kindly embrace an accom der, that our House is a coart of record; for modation which is worthily propounded, and that court, wbich bath power to imprisoņ and like ourselves : That their jordships desire
(since we crave an accommodation in general) | the Committee thought fit, that we should not that we would propound the manner, how we advise nor contradict their lordships, if they will would that this difference should be accommo- give further sentence on Floid, but only desire dated.
their lordships to take into their consideration The Master of the Wards saith, that, as their the heinousness of the offence, and to do it with lørdships first sent to us touching the accommo- expedition: and, for the second part, to offer dating of this business, so we desire their lord- unto their lordships, that our precedent shall shups would first propound, how they would not be drawn in consequence against the prihare it accommodated.
vileges of their or our House, and that there The Archbishop of Canterbury saith, that shall be here (if their lordships desire it) a proinsomuch as their lordships have had an irrup- testation in this House, that this precedent tion on their liberties by a judgment given by shall be no prejudice to the privileges of either us, they would that we should meet them half House, and that then we will desire there may way at the least for the accommodating of it. be the like protestation in their House.
The Master of the Wards saith, that our House hath bad to-day some speeches of a sub
May 12. osemittee; and, if it please their lordships, we
Sir Edward Cooke's Report of the last Conwill go dow again to the House to confer of a ference with the Committee of the Lords, consub-committee, touching the accommodating of cerning the business of Edw. Flvid. He saith,
that he divided his speech into two parts: first, Hereon it was agreed of all sides, that we the inducement; wherein he laid down our should acquaint our House with this; and, in confidence and resolution to maintain the good the mean time, their lordships went into their correspondency with the Lords, by means House to consider of a sub-committee, and the whereof this parliament hath reduced great power and number of the sub-committee. abuses to a good order, by punishing of great
At our House, the Speaker sitting, after the offenders :-'That what we did was far from any Conference wiih the Lords.
intent in us to gain a precedent, or to invade Mr. Glantile saith, that he would have this their lordships liberties or privileges : That the business so accommodated, as by this precedent judgment was given out of our zeal to his maWe prejudice not ourselves; and that this should jesty. The second part was, for the accombat bereafter bind, nor be alleged aguinst them modation, that we relied on their lordships kind Of us : and he wisheth the business be so ac- messages, and that we desired, that this judgcommodated, as the delinquent's punishment ment might be so accommodated, as it might may not be extenuated.
be without prejudice to either of the Houses : A Message is sent to their lordships, to desire That we leave it to their lordships ; if they that there may be a sub-committee of both would proceed to a judgment and censure of Houses appointed to accommodate this business Floid, that we desire they would then do it acof Floid " wherein we leave the nomination cording to Floid's demerits, and that the execuboth of the time and number to their lord- tion might be done with speed ; and that we
would make and enter a protestation that this Dt. Garge saith, that it is a maxim, that precedent should not be prejudicial to either Lords may not question us, nor are we to ac- private consideration) present to the sub-comcannot do. The sentencing of Floid lieth not testation to be entered in the House of the in their power without us ; and therefore by Lords, by the consent of the House
of Comright we are not to account to their lordships mons, that the
proceedings lately past in that for the judgment we have given herein. House, on the Judgment of Edward Floid, ke
A Committee of sixteen of the Upper House not at any time hereafter drawn or used as a is appointed by the Lords, and twice as many precedent to the prejudice of either House ; by us, for the accommodating of this business"; but that the privileges of both Houses do re? are to meet on Friday next.
main and abide as before."
Sir Nath. Rich moveth, that the Committee May 11.
may have power to conclude on the ProtestaSir Edward Cooke's Report concerning the tion which the Lords offer ; but would have conference with the Lords, touching the busi- added, that neither the proceedings by us, nor es of Ploid. That the Committee agreed on any other proceedings which are or shall be in what shall be delivered to the Lords for the ac- this business, may be to the prejudice of the commodating of that business, and hath divided privileges of either House hereafter.
The Master of the Wards complaineth, that condly
, the nature and matter of this accom- be, seeking at the Conference with the Lords modation. For the first, that we never meant to repair or explain a mistaking
of sir Edward to meddle with their lordships power, that we Cooke in the delivery of the message at the grave sentence because of the notoriousness of Conference at the Committee, was told by sir the fact, for the zeal of our
duties, for the ho- Edward Cooke, that there was the spirit of moup of the king and his children, and our contradiction amongst our Committee, pointing House; and that the sentence being thus given, at him; and adding withal, that he, who should
seek to sow sedition in the House, was not wor- | used to do) because we had before given Judgthy of his head.
ment on the said Floid : and, whereas many Sir Edward Cooke protesteth, that he spake thought the Judgment and Sentence we gave generally, and meant not the Master of the on him was too great, their lordships have laid Wards; but said, that the like contradictions, at on him a heavier, viz. “ That he shall be dethe last convention, were the overthrow of the graded from his gentility, ride on Monday next parliament: That the words which he spake from the Fleet to Cheapside on horseback withat the time were as the clothes in Birchin out a saddle, with his face to the horse's tail, Lane; if the Master of the Wards did apply and the tail in his hand, and there to stand two the same to bimself, it was more than he meant hours in the pillory, and then to be there brand. to him; for, when he spake those words, he took ed in the forehead with the letter K :--Tbat on not measure of the Master of the Wards' body. Friday following he shall ride from the afore
On sir Edward Cooke's protestation in the said place in the same manner to Westminster, House, that be meant not the Master of the and there stand two hours more in the pillory Wards, in any of those words which the Master with words in a paper in his hat shewing his of of the Wards did except against, the Master of fence :-To pay for a fine to the king the sam the Wards, in the House, openly said, he was well of 5,000l. and to be a prisoner in Newgate during satisfied with sir Edward Cooke's protestation. his life.” Sir Edward Sackville would have us send to
June 1. the Lords, to know, if their lordships in their I saw this day, after our House was risen, House have confirmed the protestation they of. Floid stand in the pillory; the words or inscrip fered at the Committee; and, if they have, that tion of his offence being altered of that they then he would have us consent to it.
were appointed by our House; and are now It is ordered by question, That a Message “ For ignominious and despiteful words, an shall be sent to the Lords on Monday morning, “ malicious and scornful behaviour against the to know, whether they do allow of the Protesta- “ Count Palatine, and the king's only dangliter tion offered at the Conference by the Committee " and their children." This
was pinned to be or no.
breast and back, and he stood two hours in the May 18.
pillory, and did ride according to the sentenre
of the upper House. A Message from the Lords, That, since we referred the Judgment of Floid to their lordships, they, understanding that we have a trunk of The following Heads of the Debates which took writings of the said Floid's, wherein may be
place in the House of Commons respect something to aggravate his fault, do desire that ing Floyde are taken from the printa 'we will send the same to the clerk of their
1 Commons Journals, 601.
May 1, p. m.
Whilst we were in debate what Answer to God and man, moveth, that neither for God send to their lordships message, another Mes- man's sake he may have merey. sage came from the Lords, by the same messen- Floyde, at the bar, charged by Mr. Speak gers they first sent, that their lordships taking with speaking the scandalous words befor notice of the first part of the Message they last mentioned, against the prince Palatine, or by sent us, do now (to take away all scruple) send lady, and with his denying thereof : persistet to acquaint us, that the said first part of the said in his denial thereof. message was mistaken; and the effect of their Peningtor, confronting Floyde, repeateth b lordship's desire is, to have the said Floid's former speech ; that knoweth not, just trunk, that they may look into the writings in it. what time these words spoken, knoweth
Answer to this sceond Message is given, That such man as Fryer, except Dr. Fryer. the trunk shall be sent up to the Lords (as their Mr. Hackwyll. That, in the examination lordships desire) to be disposed of as their lord- Lettice Harrys, he observeth, that she bear ships shall please. And accordingly the trunk that she denieth, she ever acquainted ! and key were both sent to their lordships by the warden of the Fleet; but that she acquaint Serjeant of our House.
one Williams with it because sheThe Lords of the upper House of Parliament Sir R. Phillippes. Came with a resoluti did, this 26th day of May 1621, censure Ed. to speak freely in this parliament. Wishet Floid, whom before we of the lower House had better occasion to shew his affection to t censured; but their lordships called not us to noble lady, the king's daughter. 1st.' demand Judgment (as in other censures, on bu- offence : billy, against whom committel: $! sinesses whereof we have informed them, they the punishment. The offence : scornful ca
tumelious, and spiteful against the king and, which may be discovered by his papers. To queen of Bohemia. The persons, against suspend our sentence. whom : the hopeful issue of our great master. Sir Edw. Cecill. To make this punishment Of the king saith, because he endeavoured to greater, than hath been, in like cases, hath be happy, God made him unhappy. For her : been for subjects scandals. To bore him equal in virtue and honour to any. Floyde a through the tongue; and a B. in his foreknare from his original : a popish knave, the head. most dangerous of all other. For his punish- Sir Geo. Goring. Now called up. To have ment: To have him carrried from Westmin-him set upon an ass : 12 stages, as 12 beads : stergate, with his face to an horse tail, a paper at every one to swallow a bead; and 12 jerks mon bim, in great letters ; “ A popish wretch, to make himfor dishonouring the king's children :" to the Mr. Salisbury. Sorry, hath any Welsh Tower; and there to lie in Little Ease. blood in him : yet but half, for half English.
Sir Tho. Row. Because a prisoner com- Agreeth with the most severe punishment. Ditted from the Lords of the Council, to go to
Mr. Price. A paper : pillory : riding upon the Lords, to let them know, we desire to have an horse backward : and 2001. fine. him whipped through London.
Sir Ro. Bevell. Agreeth with the greatest Sr D. Digges. As sir Tho. Row.
punishment, but blood; and would not bave the Sir Francis Kinnaston. That Floyde put into beads, &c. put upon him, lest should be thought the commission of the peace.
to be for his religion. To defer the fine, for &r Geo. Moore. No punishment too great search of the papers, for his greater pimishfor this offence. Precedents have a beginning. ment. To whip him back to the Fleet.
Sir Jo. Jephson. To punish it presently. To Mr. Whitson voucheth a precedent of the * whip him to the Tower; viz. as far again, as
those for the Spanish ambassador : and a good Mr. Raynescrofte. 1,000l. fine, to be em- fine. played in the wars of the Palatinate ; and to Sir Rich. Gratenor. Not to defer his punishspare his whipping
Whipping to the Tower: Papers : Mr. Neale. To carry him in a disgraceful Beads with him : Out of the commission of the manner to the Tower; and he there to remain, peace : Unbarristered. till further directed by the Lords.
Mr. Finch. Desireth all these punishments; Sir Francis Seymour. To go from Westmin- yet no corporal punishment, because no proof
ster at a cart's tail, with his doublet off, to the upon oath against him. Pillory. BTower, the beads about his neck, and as many Sir Tho. Weyneman. To carry him to the lashes by the way, as beads.
Fleet, and whip him. And hopeth, upon search Mr. Šalter
. To punish first here, then may of his papers, to find matters to hang him. be punished by the Lords. To send him to Sir Jo. Strangewayes. To make a precedent the Tower. Whipping : beads : Tower : Little in this case, if none before. Whipping: boring Ease
. Then further punishment by the Lords. his tongue, at Cheapside : and then to return Sir Edw. Gyles. Sorry, so - unworthy a him to the Fleet. Welch should bear the name of an English- Sir Edw. Wardor. To make a precedent, if man ; fet might evade, and say, he were a none before. To return him now to the dungeon Welshman. Pillory here, with a paper of his in the Fleet. Whipping: as many lashes, locad
, containing his vile words : whipped ; his as the prince and princess old : boring in the beads and crucifixes, and especially his friar's tongue. girdle, about him : if these can detend him Sir Guy Palmes. No blood. Tower, &c. from good whipping, well : so many more at Mr. Angell. A gag in his mouth, to keep him the court gate ; and so at the Teinple, and from crying, and procuring pity. Cheapside. Then to return him to the Fleet : Mr. Powerson. "To have him stand upon the for cannot put him into a worse prison. pillory at the exchange, that the strange merSir Ralph Hopton. To suspend our judg- chants may know it, and publish it abroad. ment till his papers examined : for may aggra
Sir Jo. Walter. To avoid cruelty in his pu
nishment. To vilify him, as he hath done these Sir J. Perrott. To the Tower at first : then noble princes. To ride backward on an horse: to send to the Lords about it.
A fine that may go to the Palsgrave; because Sir Tho. Hobby. To leave out none of these asked, whither the lad would go: pillory: hiş punishments. The doubt, because committed beads, &c. to be hanged about him, to shew, by the Lords. To suspend our judgment, till from what root this grew. That he laughed at bus papers examined.
the loss of Prague ; therefore to make him cry Mr. Mallory. Not to defer it, nor to put it by whipping. off to the Lords. Consenteth to the punish- Mr. Mallett. Tower, presently. Whipping ment, spoken of by sir Ro. Philippes : and&c. to be respited, till the papers perused.
Mr. Glandylle secondeth sir Jo. Walter's mo. Sir Francis Darcy addeth, boring through tion. Not to be disputed, but we may du that,
which we are about to do. To do this, and Sir J. Horsey. To have his tongue cut out, leave further punishment to the Lords. er shit at least." Doubteth, he an intelligencer; Mr. Alford concurreth with sir Jo. Walter
rate his offence.
pallory at Powle's cross.
in all, hit whipping. To fine him, instead of to be, “ For false, malicious and despiteful whipping
“ speeches, against the king's daughter, and Sir H. Anderson concorretb with sir Ro. her hu-band": to stand upon pillory, in like Phillippes. Not satisfier, to take him out of the manner, in Cheapside, on Friday, from ten till prium, wherсunto the lords of the council bave twelve, and ride thither in like manner, and ride committed him. Paper: branded: ride back back as before: fined at 1,0001. The foriner waris : beads about him.
Committee to survey and examine the papers Sir Edw. Sunds. Much difficulty in this in the trunk. cauce. To be well advised. That our sentence Sir Tho. Wentworth moveth for a select will be censured in a great part of the Christian Committee, to consider of the accusations, tesworld. The root from ill affection to religion, timonies, and parliculars of our judgment. and so to our state. That only two eminent This to be done by the same Committee : Sir persons, viz. Ed. 6. and Queen Jane, escaped Edw. Sands, sir Tho. Wentworth, sir George the virulent tongues of opposites in religion. Moore, and Mr. Sherfield added. This to be This lady the third. Praised by all her ene. done with all speed, and to be reduced into mies. Would join with the Lords, but for the writing. The Sentence to be executed by the great business, we have, and shall bring them. sheriffs of London and Middlesex; and a warNot to meddle with his religion, but his offence rant, for that purpose, to issue under Mr. in tongue, That will make him be canonized. Speaker's hand, and that warrant to be drawn Commendeth sir Jo. Walter's censure: differeth | by the former Committee. only in one point, viz. whipping ; which the Floyde called in to the bar, and kneeling, punishment of a slave; where he a gentleman, Mr. Speaker pronounced his judgment. except tirst degraded. This degrading not in The warden of the Fleet commanded to lodge our power, but in the earls marshal. To punish Floyde this night in Bolton's ward, and to him, wherein he hath offended. Goodman, and bring Floyde bither to Westminster palace, by Goodwife, words of contempt, not of slander. eight of the clock, and to deliver him from time To punish him with as much contempt as may to time. be : riding backward: paper : pillory in divers eminent places : imprisonment in a dungeon
May 2, p. m. for some moderate time: fine.
Mr. Price. All this day in a labyrinth : Mr. Pymme. To whip him, except within Divers threads put into our hands, to wind us some reasonable time he pay 1000l. fine. out of it. No way, but by the king ; either by
Sir Fr. Goodwyn. No whipping ; but fine his grace, or power. instead of that. Tower, because that our Sir Tho. "Wentworth. The king's eldest prison.
daughter respected, in some things, by act of Master of the Wards. To give punishment parliament, more than any other daughter. for the fault committed. If make a precedent
, | Not to go to the Lords, nor petition the king : let it be without exception.--Not to give such a Not fit, if our judgment coram non judice
. sentence, as shall hurt the king's children. To proceed by a law. Though not so speedy, Though his religion the ground of his evil af- yet more safe and firm, especially for his fine fection, yet not questioned here for it. Sorry, Sir Edw. Cecill
. This parliament expected we so uncertain in the power of this House. to be the happiest, that ever * More puzzled this parliament than ever before. I could get a precedent. By Mr. Speaker
, and Told, in the beginning of this parliament, we an some select committee, to attend him, to pe absolute court: That, in some cases, we totion to be respectful of his subjects judge alone; in others, with the Lords ; in Grieveth him,
that a popish knave shonld others, the Lords alone.
the face of this House, Sir Edw. Mountagew. That not in our now, that this had preserved bim from og power to remove him, because the king's pri- judgment. soner in the Fleet. Mr. Mallory. As we have power to send for by any, of our judgment. The king sende
Sir Tho. Jermyn. Findeth no justification him hither, we have power to send him to the us only a query : Condemneth us not. T Tower.
Mr. Speaker go to the king, to tell him, Sir Wm. Scrowde, contra.
not yet prepared to answer his queries : Thier Sir Rich. Wurseley. The Fleet not a fit fore to give us longer time for search of pe prison.
cedents. Upon question, Floyde to be returned prisoner
Serjeant Davys. To end this business to the Fleet this' night, and to lie in Bolton's day, if possible: To present it to his majes ward there: to be brought hither again to- with expedition. That we have
morning, and to be set on the pillory dicature in this case, if in any. 'We belle here at Westminster, two hours, from nine tih that have the noblest king born, that eleven: to ride from Westminster to the Ex- Europe : The queen of Bohemia therefore change, and there to stand upon the pillory two daughter, of the same nobility. This ac hours: to ride backward upon an borse withi tempt offered to the king's person, who out a saddle, his face backward to the horse head; and therefore we, the body, are tail,
and the tail in his hand, and papers on his sensible, and take notice? To make this head: the inscription, on the papers and pillory no gentlewoman: Goodwife! The king on
may be so, il
a cross, and thin