Francis Mitchell
Encyclopedia
Francis Mitchell was the last British
knight
of the realm to be publicly degraded
(stripped of his knighthood), after being found guilty of extorting
money from licensee
s via his monopoly
on the licensing of inns.
While Parliament
was dissolved under the order of James I
, grievances against monopolists grew to such an extent that it was one of the first orders of business that the House of Commons
discussed when Parliament sat in 1621. Early in James' reign it had been established in the case of Darcy v. Allein
that monopolies were in breach of both common and statute law, because they raised the price of the commodity, lowered the standard of the product and put craftsmen out of work. The judges in the Darcy case ruled that monopolies were only acceptable when a new invention was introduced or when the interests of the state demanded it. The grants of monopolies had continued nevertheless, and despite Parliament's complaints in 1606, 1610, and 1614 little action had been taken. Grants of monopolies were a method of rewarding the supporters of the current royal favourite - at that time George Villiers, 1st Duke of Buckingham
.
Mitchell and Giles Mompesson
had been granted monopolies over the licencing of inns. This monopoly aroused particularly bad feeling. They were called before the Commons, where Mitchell was sentenced, without a hearing, for his 'grievous exactions' in the first impeachment
for 162 years. (The previous impeachment was that of Lord Stanley
in 1459, for not sending his troops to the Battle of Blore Heath
.)
After the sentencing had taken place, doubt as to the legality of the impeachment was raised, as the Commons did not have jurisdiction over areas that did not concern their privileges. Having failed to find a precedent for their actions, the Commons were forced to refer the matter to the House of Lords
. The Lords quickly confirmed the verdict, sentencing Mitchell to be fined, imprisoned and degraded. The impeachments of Mitchell, Mompesson and Sir Francis Bacon are registered in the Parliament of 1621.
James and Buckingham did little to defend their dependents, being more eager to distance themselves from the charges.
Mitchell's degradation at Westminster Hall took the form of his spurs being broken and thrown away, his belt cut and his sword broken over his head. Finally, he was pronounced to be 'no longer a Knight but Knave'. After the ceremony, he was made to march through the streets to the Tower of London
where he was imprisoned. Mompesson was also sentenced to degradation but fled to France to avoid punishment.
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
knight
Knight
A knight was a member of a class of lower nobility in the High Middle Ages.By the Late Middle Ages, the rank had become associated with the ideals of chivalry, a code of conduct for the perfect courtly Christian warrior....
of the realm to be publicly degraded
Degradation Ceremony
Cashiering is a ritual dismissal of an individual from some position of responsibility for discipline....
(stripped of his knighthood), after being found guilty of extorting
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
money from licensee
Licensee
A licensee is someone who has been granted a licence.- Tort law :The term is used in the USA law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter...
s via his monopoly
Monopoly
A monopoly exists when a specific person or enterprise is the only supplier of a particular commodity...
on the licensing of inns.
While Parliament
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
was dissolved under the order of James I
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...
, grievances against monopolists grew to such an extent that it was one of the first orders of business that the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
discussed when Parliament sat in 1621. Early in James' reign it had been established in the case of Darcy v. Allein
Darcy v. Allein
Edward Darcy Esquire v Thomas Allin of London Haberdasher 74 ER 1131 , was an early landmark case in English law, establishing that the grant of exclusive rights to produce any article was improper...
that monopolies were in breach of both common and statute law, because they raised the price of the commodity, lowered the standard of the product and put craftsmen out of work. The judges in the Darcy case ruled that monopolies were only acceptable when a new invention was introduced or when the interests of the state demanded it. The grants of monopolies had continued nevertheless, and despite Parliament's complaints in 1606, 1610, and 1614 little action had been taken. Grants of monopolies were a method of rewarding the supporters of the current royal favourite - at that time 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...
.
Mitchell and Giles Mompesson
Giles Mompesson
Giles Mompesson was an English malefactor and, officially, "notorious criminal" whose career was one based on speculation and graft. He has come to be regarded as a synonym for graft and official corruption due to his use of nepotism to gain positions of licensing businesses and pocketing the fees...
had been granted monopolies over the licencing of inns. This monopoly aroused particularly bad feeling. They were called before the Commons, where Mitchell was sentenced, without a hearing, for his 'grievous exactions' in the first impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
for 162 years. (The previous impeachment was that of Lord Stanley
Baron Stanley
The title Baron Stanley was created in the Peerage of England in 1456, for Sir Thomas Stanley. His son was created Earl of Derby in 1485 and the titles remained united until the death of the fifth earl, without male heirs in 1594, when the barony became abeyant...
in 1459, for not sending his troops to the Battle of Blore Heath
Battle of Blore Heath
The Battle of Blore Heath was the first major battle in the English Wars of the Roses. It was fought on 23 September 1459, at Blore Heath in Staffordshire, two miles east of the town of Market Drayton in Shropshire, England.- Background :...
.)
After the sentencing had taken place, doubt as to the legality of the impeachment was raised, as the Commons did not have jurisdiction over areas that did not concern their privileges. Having failed to find a precedent for their actions, the Commons were forced to refer the matter to the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
. The Lords quickly confirmed the verdict, sentencing Mitchell to be fined, imprisoned and degraded. The impeachments of Mitchell, Mompesson and Sir Francis Bacon are registered in the Parliament of 1621.
James and Buckingham did little to defend their dependents, being more eager to distance themselves from the charges.
Mitchell's degradation at Westminster Hall took the form of his spurs being broken and thrown away, his belt cut and his sword broken over his head. Finally, he was pronounced to be 'no longer a Knight but Knave'. After the ceremony, he was made to march through the streets to the Tower of London
Tower of London
Her Majesty's Royal Palace and Fortress, more commonly known as the Tower of London, is a historic castle on the north bank of the River Thames in central London, England. It lies within the London Borough of Tower Hamlets, separated from the eastern edge of the City of London by the open space...
where he was imprisoned. Mompesson was also sentenced to degradation but fled to France to avoid punishment.