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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A78478 Certaine observations touching the two great offices of the seneschalsey or high-stewardship, and high-constableship of England. 1642 (1642) Wing C1713; Thomason E122_23; ESTC R5060 13,081 16

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he was one of our high Seneschals and dying without issue of his body in the yeere of our Lord God 1204. was buried in the Abbey of Preux neere Leicester leaving his two sisters to be his heires between whom the whole inheritance was divided in the daies of K. Iohn Amicitia the eldest sister was married to Simon of Mountford yonger brother to Almarick Earle of Eureux in Normandy And Margaret the yongest was wife unto Saher of Quencie whom K. John made Earle of Winchester unto whom she brought the one halfe of the Earldome of Leicester and of the honour of Hinckley and among other Lands the Mannor of Grobye Quitwicke Shepeshend Hales Brackly South-Keston Timisbury and Chimnomere Simon of Mountford according to the Law and custome of the Land was in the right of his wife being the elder sister made Earle of Leicester and high Seneschall of England in the daies of K. Iohn but he enjoyed not long those honours being for his contumacy and disobedience both he and his children shortly after banished the Land and his honours and possessions bestowed on Earle Randolph of Chester who held them a great time except onely the Patronage of the Abbey of Preux neere Leicester and the Office of the Stewardship of England which the King kept in his own hands This Earle Simor a great warriour was head and leader of the yong French King Lodowicks Forces fighting against the Albigenses about the City of Tholose where he was after shine These Albigenses because they began to smell the Popes treachery and to controle the inordinate proceedings and discipline of the See of Rome the Pope therefore accounting them as people hereticall excited the French King to lay siege against the said City of Tholoso to expugne those Albigenses his enemies But such was the mighty protection of God fighting for his people against the might of man that the French could doe no good with all their Engines and Artileries against the City but were forced to retire with great losse of people among whom this Earle Simon of Mountfort generall of the Army to whom the Pope had given a little before the Earle of Tholosas Land was sl●i● with a stone before the gate of the City in the yeere of our Lord God 1219. as likewise was a brother of his besieging of a Castle neere unto Thotosa at the same time he left two sons of great fame Earle Alt●arick of Mounfort Constable of France that was taken prisoner in the holy Land and after his redemption in returning homeward dyed at Idruntum in Italy Anno 1241. And Simon the yonger that after obtaining the good grace and favour of K. Henry the 3. whose sister he married was restored to the Earldome of Leicester and to the integrity of his fathers lost honours patrimonies in England a man was he of great courage and renown well experienced in the wars in matters of government for long time had he been Seneschall and Governor of the Countrey of Gascoigne for the King of England his brother in Law which of his own accord he resigned contrary to the Kings mind that greatly desired to reteine him in good affection towards him both because he was a man of great power wise and valiant and for that the French laboured to make him their Seneschall but such was the Earles hap that in the new begun variance between K. Henry and his Nobles for not observing the Laws of the Land especially such new decrees as had been made at Oxford for the expelling of strangers out of the Realm he was chosen chiefe Captaine and leader of the Nobility and for the time so much prevailed in the enterprize that the King was by them taken in the battaile neere Lewes in Sussex together with his eldest son and the King of Romans his brother howbeit Edward the Kings eldest son escaping out of their hands renewed the war and at Evesham in battell slew this Earle Simon and delivered his father from the hands of his enemies in Anno 1265 which was the 48 yeere of the raigne of K Hen. 3. Those that tooke part with Earle Simon were disinherited and their Lands given to such as stood with the King divers fled the real●●e and amongst them Simon and Guy and the other sonnes of this Earle which escaped into France leaving no posterity in this Land The King afterward gave the Earledome of Leicester to his yonger son Edmond that was the first Earle of Lancaster and to his heires which ever afterward cont●nued in the house of Lancast●r who beare the title of Leicesters Earledome and withall held and enjoyed the office of the high Stewardship of England untill the same with all other the honours Lands and hereditaments thereunto belonging was united to the Crowne in the daies of King Henry the 4. being of that stock till that now of late it pleased the most Noble and vertuous Pri●cesse Q●eene Elisabeth our gratious Soveraigne to revive the honour and title of Leicesters Earledome in the person of the right noble Lord Robert of Dudley younger brother and heire to the right noble Lord Ambrose Earle of Warwick and Viscount Lisle both sonnes to the high and mightie Prince John late Duke of Northumberland lineally descended and heire in bloud of the bodies of Robert of Beaumount Earle of Mellent auncestour to the before-mentioned Earles of Leicester and of Hen. of Newborough Earle of Warwick Ancestour to the Earles sonne both brethren as before hath been declared and living in the time of the Norman conquest as more plainly is shewed by Pedegrees deduced Thus much declared by way of preface or ingression to the matter in hand and to shew that the office of High Stewardship of England hath heretofore passed inheritably in diverse families as other great Offices have done It remaineth now to declare what these Stewardships are with the authorities and prerogations to them belonging and to produce such notes and observations as are extant touching the same And to begin with the chiefest Seneschall the Seneschalsey or Stewardship of England as it is not to be doubted of but that it took beginning from the Normans and was by them first established in this land after their great conquest and victory over the English Saxons in the yeare of our Lord God 1066 by their example of their home government in Normandy where the Duke had under him for his chiefest Officer a Seneschall or Steward so cannot the right of this office be better or in briefer sort described then by setting downe of the Dukes Steward faithfully in such sort as it is to be seene written in the old customary booke of the Duchie of Normandy in these words following In times past there was to wander throughout Normandy a certaine Justicie● greater then these before mentioned who was called the Princes Se●eschall or Steward he was wont to perfect and amend that which the other Justiciers had left undone he kept the Prince his land the
lawes and rights of Normandy he caused to be observed and amended all that was not right done by the Bailiffes whom he removed from the Prince his service if he saw it expedient so to doe He was once to visit the Prince his forrests and inclosures to keepe Courts of the forrests to enquire how they were used their customes he commanded to be observed delivering right to everie one as the same by antiquity grew due or by Charter had been confirmed unto them so discreetly conserving the Prince his rights that in the observation of them he notwithstanding hurt none of his subjects Such as upon diligent enquirie he found faultie and to forfeit within the forrest either in trees or in wilde beasts or in free fowle he was wont to punish by the purse or for want of ability that way by long imprisonment He chiefly gave his minde to keep the countrey in peace and so wandrlng hither and thither throughout Normandy once everie three yeares did visit all the parts and Bailiages thereof To him it belonged to make enquiry in every Bailiage of the excesse and wrongs done by the under Justiciers and likewise of common robbers of violent deflowrers of Virgins of murthers of burnings and of all those things which belong to the pleas of the sword whereof peace and reformation had not been had in courts Of all other criminall facts he likewise diligently searched and upon enquiry caused justice to be done throughout he caused enquiry to be made of treasure digged under ground of wrekes cast upon sand and other the Prince his rights the removing of waters and the stopping and hindering of their courses did he reduce unto their old forme so as their passage might be hurtfull to no body if any man were minded to turn the course of any water running thorow his own groūds the banks whereof on either side were siituated within his own fee he might lawfully do it so as the said water when it passed out of his ground might be cōveyed into his old channel without any mans hurt or hinderance It is to be understood notwithstanding that none may stop the course of any ordinary running streames within his banks or ditches longer then from the rising to the going down of the sunne Neither may any one stay the course of waters with any new ponds diches or sluces but shall permi● thē to run their course lest the mills standing upō their streams And Or men in their affairs Tanners Diers and such like should thereby suffer losse and detriment If any shall stay them for the filling up of his pools or ponds they shall be bound to restore such losses as the Milners or others living by the passage of those waters shall have sustained by the with-holding of them and waters shall be suffered to run their accustomed course No man may erect a Fishing or build a Mill unlesse the water-banks on either side be within his own Fee wherein he hath Liberties Weares or other such like things for fishings may not be made in running streams because by them oftentimes the waters are corrupted yet notwithstanding they may bring the waters by Ditches and Trenches out of the running River into their grounds so as the same return not back into the running stream It belongeth also unto the Steward to cause the bounds and limits of Towns and Villages the streets and paths to be revoked to their antient state and to see that old accustomed highways be opened for no man may in these cases alledge for excuse any lett or hinderance wherefore he ought not to make amends unto the Prince As for towne ditches and common streets which serve to no private persons possessions but are common unto all If they be by any usurped or incroached upon they ought to be restored to the common benefit and they that doe occupie them ought not to escape punishment All these things appertaine unto the Office and charge of the Seneschall for the due execution whereof there needeth not neither plea nor assise but wheresoever he found cause and he did therein and provided as he saw needfull and expedient This farre-forth is the High Stewards office described in the old customarie booke of the Dutchie of Normandy from whence came the first institution of the same with us in this Kingdome established no doubt with no lesse authoritie and priviledge here under the Kings of this Land then the same was then practised under the Dukes of that Duchy whereof there is an especiall title written though nothing Clerke-like among other matter in an old booke of Parchmine belonging as it is said unto the learned Lawyer and skilful Antiquarie Master William Fleetwood Esquire one of the Serjeants at the Law and Recorder of the Citie of London which word for word followeth Here is shewed who is to be High Steward of England and what his Office is THe Seneschallie or high Stewardship of England belongeth to the Earledome of Leicester and of old time did thereunto appertaine And it is to be understood that it is his Office under and immediatly after the King to oversee and governe the whole Kingdome of England and all the Offices of the Justice within the same Kingdome in all times both of Peace and Warre in manner following The manner how and when the Lord High Steward ought to exercise his Office by duty and Oath of Fealty is such VVHensoever any man or woman shall come into the Kings Court in whatsoever Court it be and possibly unto the K. himselfe to seeke for redresse against injurie done unto them and he or she be not able in due season to obtaine remedie Then the High Steward of England ought and is bound to receive their Petitions and complaints and to keepe them untill the next Parliament then after to be holden and to assigne unto such Complainants if he thinke good a day wherein they may exhibite and prosecute their Petitions and in full Parliament in the presence of the King to reprehend and blame that Officer or those Officers who ever they be that so have failed in doing of Justice and those thereof call to accompt unto whom in such cases every one throughout the Kingdome is bound to answer the King onely excepted If the Chancellour of England have failed of making originall remedy and amends and the Justices Treasurers Barons Chamberlain of the Exchequer Steward of the Kings house Escheators Coroners Sheriffs Clerks Bayliffs other officers of what places and respects soever they be in their Processes Judgements Executions of Judgements and Justice to be made to the favour of th' one losse of th' other party for gifts bribes or other procurements shal fail or give over at the least-wise if any Justicier when as both parties pleading before them shall stand in Judgement shall by such false procurements deferre judgement contrary to Justice and the Lawes and customes of the Land If then the Chancellour of England or any other of the