Edward Floyd
Encyclopedia
Edward Floyd, Floud or Lloyd (died 1648) was an Englishman
impeached and sentenced by the House of Commons in 1621 for speaking disparagingly of Frederick V, Elector Palatine
.
to Lord Chancellor Ellesmere
and Thomas Howard, 1st Earl of Suffolk
.
at the instance of the Privy Council, he was impeached in the House of Commons for having said:
These words, it was alleged, were spoken by him in a scornful manner, to insult the Prince Palatine and his wife Elizabeth of Bohemia
, who was daughter to James I of England
. The case led to an important constitutional decision. Shortly before the case, the Commons had looked for precedents supporting their judicial role. They found none except in cases of contempt for the house. During the proceedings against Floyd they obfuscated these findings, but later had to concede the point.
, where Elector Palatine and his English wife had been heavily defeated in a conflict that formed the first phase of the Thirty Years War. On that day the influential parliamentarian Sir Edwin Sandys encouraged the Commons to take punitive action. The feeling of the House was that in this matter they could make their mark in foreign policy, not otherwise in their remit.
The Commons agreed on 1 May that Floyd should pay a fine of £1,000, stand in the pillory
in three different places for two hours each time, and be carried from place to place on a horse without a saddle, with his face towards the horse's tail, and holding the tail in his hand. The king, however, objected to the Commons taking up the matter. The next morning he sent to inquire upon what precedents the Commons grounded their claim to act as a judicial body in regard to offences which did not concern their privileges. He also pointed out that they had failed to get his approval, and had not granted Floyd due process. Sandys by now had thought better of the course of direct judgement on Floyd; he argued that as the Speaker had signed nothing, the decision of the Commons was not yet effective. The momentum of the House was against him. Sir Edward Coke pushed for action, invoking his favoured view of the Commons as court of record
. William Noy
warned against passing judgement on overseas matters.
On 3 May the Commons petitioned the king to be allowed their sentence. He argued that it was quite unclear what jurisdiction they were claiming; but agreed to consider the petition and to act in the matter of Floyd. But on 4 May he sent the matter to the House of Lords, troublesome timing because (as Sandys had already argued) the upper house was preoccupied, with efforts to undermine George Villiers, 1st Duke of Buckingham
.
A debate of several days then led to a conference of the two houses, when it was agreed that the accused should be arraigned before the Lords, and that a declaration should be entered on the journals that his trial before the commons should not prejudice the just rights of either house.
, whipped at the cart's tail, fined £5,000, and imprisoned in Newgate Prison
for life. When he was branded in Cheapside
he declared that he would have given £1,000 to be hanged in order that he might be a martyr in so good a cause.
Some days later, on the motion of Prince Charles
, it was agreed by the lords that the whipping should not be inflicted, and an order was made that in future judgment should not be pronounced, when the sentence was more than imprisonment, on the same day on which it was voted. The remainder of the sentence on Floyd seems to have been carried into effect. But he was liberated on 16 July 1621, after the new Lord Chancellor John Williams had prevailed with George Villiers, 1st Duke of Buckingham
to recommend to James I an exercise of his prerogative of mercy in the case of political prisoners.
A collection, made by Sir Harbottle Grimstone
, of the proceedings in Floyd's case in the House of Commons was preserved in the Harleian MS. 6274, art. 2.
On the petition of Joane, his wife, the Lords on 6 December 1621 ordered his trunk and writings to be delivered up to her; the clerk first taking out Catholic books and religious objects.
later criticised the proceedings. Joseph Robson Tanner wrote that the House of Commons had clearly exceeded their jurisdiction. Charles Howard McIlwain
commented that the claim made by the Commons for jurisdiction under parliamentary privilege
was "the most extensive and the least justifiable, perhaps, in all parliamentary history; and the far-fetched arguments brought forward in debates in support of the claim are of great interest", citing the record in Thomas Barrington's diary of the parliament.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
impeached and sentenced by the House of Commons in 1621 for speaking disparagingly of Frederick V, Elector Palatine
Frederick V, Elector Palatine
Frederick V was Elector Palatine , and, as Frederick I , King of Bohemia ....
.
Early life
Floyd was a Roman Catholic barrister. He became steward in ShropshireShropshire
Shropshire is a county in the West Midlands region of England. For Eurostat purposes, the county is a NUTS 3 region and is one of four counties or unitary districts that comprise the "Shropshire and Staffordshire" NUTS 2 region. It borders Wales to the west...
to Lord Chancellor Ellesmere
Thomas Egerton, 1st Viscount Brackley
Thomas Egerton, 1st Viscount Brackley PC was an English Nobleman, Judge and Statesman who served as Lord Keeper and Lord Chancellor for twenty-one years.-Early life, education and legal career:...
and Thomas Howard, 1st Earl of Suffolk
Thomas Howard, 1st Earl of Suffolk
Admiral Thomas Howard, 1st Earl of Suffolk, KG, PC was a son of Thomas Howard, 4th Duke of Norfolk by his second wife Margaret Audley, Duchess of Norfolk, the daughter and heiress of the 1st Baron Audley of Walden....
.
Floyd's case
In 1621, when he was in the Fleet PrisonFleet Prison
Fleet Prison was a notorious London prison by the side of the Fleet River in London. The prison was built in 1197 and was in use until 1844. It was demolished in 1846.- History :...
at the instance of the Privy Council, he was impeached in the House of Commons for having said:
I have heard that Prague is taken; and Goodman Palsgrave and Goodwife Palsgrave have taken their heels; and as I have heard, Goodwife Palsgrave is taken prisoner.
These words, it was alleged, were spoken by him in a scornful manner, to insult the Prince Palatine and his wife Elizabeth of Bohemia
Elizabeth of Bohemia
Elizabeth of Bohemia was the eldest daughter of King James VI and I, King of Scotland, England, Ireland, and Anne of Denmark. As the wife of Frederick V, Elector Palatine, she was Electress Palatine and briefly Queen of Bohemia...
, who was daughter to James I of England
James I of England
James VI and I was King of Scots as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the English and Scottish crowns on 24 March 1603...
. The case led to an important constitutional decision. Shortly before the case, the Commons had looked for precedents supporting their judicial role. They found none except in cases of contempt for the house. During the proceedings against Floyd they obfuscated these findings, but later had to concede the point.
Case in the Commons
The case came to the House of Commons on 30 April. By then it had been in session since February, but had done nothing related to the situation in BohemiaBohemia
Bohemia is a historical region in central Europe, occupying the western two-thirds of the traditional Czech Lands. It is located in the contemporary Czech Republic with its capital in Prague...
, where Elector Palatine and his English wife had been heavily defeated in a conflict that formed the first phase of the Thirty Years War. On that day the influential parliamentarian Sir Edwin Sandys encouraged the Commons to take punitive action. The feeling of the House was that in this matter they could make their mark in foreign policy, not otherwise in their remit.
The Commons agreed on 1 May that Floyd should pay a fine of £1,000, stand in the pillory
Pillory
The pillory was a device made of a wooden or metal framework erected on a post, with holes for securing the head and hands, formerly used for punishment by public humiliation and often further physical abuse, sometimes lethal...
in three different places for two hours each time, and be carried from place to place on a horse without a saddle, with his face towards the horse's tail, and holding the tail in his hand. The king, however, objected to the Commons taking up the matter. The next morning he sent to inquire upon what precedents the Commons grounded their claim to act as a judicial body in regard to offences which did not concern their privileges. He also pointed out that they had failed to get his approval, and had not granted Floyd due process. Sandys by now had thought better of the course of direct judgement on Floyd; he argued that as the Speaker had signed nothing, the decision of the Commons was not yet effective. The momentum of the House was against him. Sir Edward Coke pushed for action, invoking his favoured view of the Commons as court of record
Court of record
In common law jurisdictions, a court of record is a judicial tribunal having attributes and exercising functions independently of the person of the magistrate designated generally to hold it, and proceeding according to the course of common law, its acts and proceedings being enrolled for a...
. William Noy
William Noy
William Noy was a noted British jurist.He was born on the family estate of Pendrea in St Buryan, Cornwall. He left Exeter College, Oxford without taking a degree, and entered Lincoln's Inn in 1594. From 1603 until his death he was elected, with one exception, to each parliament, sitting...
warned against passing judgement on overseas matters.
On 3 May the Commons petitioned the king to be allowed their sentence. He argued that it was quite unclear what jurisdiction they were claiming; but agreed to consider the petition and to act in the matter of Floyd. But on 4 May he sent the matter to the House of Lords, troublesome timing because (as Sandys had already argued) the upper house was preoccupied, with efforts to undermine George Villiers, 1st Duke of Buckingham
George Villiers, 1st Duke of Buckingham
George Villiers, 1st Duke of Buckingham KG was the favourite, claimed by some to be the lover, of King James I of England. Despite a very patchy political and military record, he remained at the height of royal favour for the first two years of the reign of Charles I, until he was assassinated...
.
The House of Lords intervenes
On 5 May the Commons and Lords conferred on the case. Coke worked to salvage the concept of the Commons as court of record, by having the prior record annulled as the lesser of two evils, since the king and Lords appeared set to deny the claim.A debate of several days then led to a conference of the two houses, when it was agreed that the accused should be arraigned before the Lords, and that a declaration should be entered on the journals that his trial before the commons should not prejudice the just rights of either house.
Second sentence and its execution
The Lords added to the severity of the first judgment. On 26 May Floyd was condemned to be degraded from the estate of a gentleman; his testimony not to be received; he was to be brandedHuman branding
Human branding or stigmatizing is the process in which a mark, usually a symbol or ornamental pattern, is burned into the skin of a living person, with the intention that the resulting scar makes it permanent. This is performed using a hot or very cold branding iron...
, whipped at the cart's tail, fined £5,000, and imprisoned in Newgate Prison
Newgate Prison
Newgate Prison was a prison in London, at the corner of Newgate Street and Old Bailey just inside the City of London. It was originally located at the site of a gate in the Roman London Wall. The gate/prison was rebuilt in the 12th century, and demolished in 1777...
for life. When he was branded in Cheapside
Cheapside
Cheapside is a street in the City of London that links Newgate Street with the junction of Queen Victoria Street and Mansion House Street. To the east is Mansion House, the Bank of England, and the major road junction above Bank tube station. To the west is St. Paul's Cathedral, St...
he declared that he would have given £1,000 to be hanged in order that he might be a martyr in so good a cause.
Some days later, on the motion of Prince Charles
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
, it was agreed by the lords that the whipping should not be inflicted, and an order was made that in future judgment should not be pronounced, when the sentence was more than imprisonment, on the same day on which it was voted. The remainder of the sentence on Floyd seems to have been carried into effect. But he was liberated on 16 July 1621, after the new Lord Chancellor John Williams had prevailed with George Villiers, 1st Duke of Buckingham
George Villiers, 1st Duke of Buckingham
George Villiers, 1st Duke of Buckingham KG was the favourite, claimed by some to be the lover, of King James I of England. Despite a very patchy political and military record, he remained at the height of royal favour for the first two years of the reign of Charles I, until he was assassinated...
to recommend to James I an exercise of his prerogative of mercy in the case of political prisoners.
A collection, made by Sir Harbottle Grimstone
Sir Harbottle Grimston, 1st Baronet
Sir Harbottle Grimston, 1st Baronet was an English politician who sat in the House of Commons variously between 1614 and 1648. He supported the Parliamentarian side in the English Civil War....
, of the proceedings in Floyd's case in the House of Commons was preserved in the Harleian MS. 6274, art. 2.
On the petition of Joane, his wife, the Lords on 6 December 1621 ordered his trunk and writings to be delivered up to her; the clerk first taking out Catholic books and religious objects.
Evaluation
Henry HallamHenry Hallam
Henry Hallam was an English historian.-Life:The only son of John Hallam, canon of Windsor and dean of Bristol, Henry Hallam was educated at Eton and Christ Church, Oxford, graduating in 1799...
later criticised the proceedings. Joseph Robson Tanner wrote that the House of Commons had clearly exceeded their jurisdiction. Charles Howard McIlwain
Charles Howard McIlwain
Charles Howard McIlwain was a highly regarded scholar of Anglo-American constitutional history, and won the 1924 Pulitzer Prize for History...
commented that the claim made by the Commons for jurisdiction under parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
was "the most extensive and the least justifiable, perhaps, in all parliamentary history; and the far-fetched arguments brought forward in debates in support of the claim are of great interest", citing the record in Thomas Barrington's diary of the parliament.