Selected quad for the lemma: england_n
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A78478
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Certaine observations touching the two great offices of the seneschalsey or high-stewardship, and high-constableship of England.
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1642
(1642)
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Wing C1713; Thomason E122_23; ESTC R5060
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13,081
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16
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his Father Iohn of Gaunt had but also was Earle of Darbey Lincolne Leicester Hereford and Northampton and by the Earledome of Leicester inheritably also Lord high Steward of England And since the time that the said Office hath beene extinct in the Crowne by the Descent of the same unto King Henry the fourth as heire to Dame Blanch his Mother Daughter and Heire to Henry Duke of Lancaster Earle of Leicester and high Staward of England experience sheweth that upon the Arraignment and Tryall of any Peer of the Realm that is to say Duke Marquesse Earle Viscount or Baron or any of their Wives or Widdows upon Indictment of Treason or Felony the sheweth to grant the Office of the high Stewardship of England pro illa vice tantum to some Peer of the Realme by Letters Patents the tenour whereof hereafter ensueth who instead of the Lord high Steward that by ancient Law hath been holden for a competent and indifferent Judge betweene the King and such Peers ought and always hath used to be Judge and give sentence of Acquicall or Condemnation upon the Peere arraigned The tenor of the Patent Regina c. Praeclarissimo Consanguineo Consiliario suo A.B. c. saltem sciatis quod cum G. D. Marchio E. indictat existit c. ac pro eo quod ossicium Seneschall Angliae cujus praesentia pro administratione justitiae executionis ejusdem in hac parte facienda requirit ut accepimus jam vacat de strenuitate fidelitate provida circumspectione industria vestris plurimum confidentes ordinavimus constituimus vos ex hac causa Seneschallum Angliae ad officium illud cum omnibus eidem officio in hac pante debitis sive pertinend hac vice gerendis occupandis exercendis Dante 's concedentes vobis tenore praesentium plenam potestatem indictam entum praedictum cum omnibus idem tangendis a praefat justitia nostris recipiendis inspiciend ac ad certos diem locum quos ad hoc provideritâ—sipsum Marchionem e c. coram vobis evocandum ipsum superinde audiendum examinandum respondere compellendum ac sine debito terminandum Nec non tot tales Dominos Proceres Magnetes hujus regni nostri Angliae ejusdem Marchionem c. alios pares per quos rei veritas in hac parte melius scire poterit ad diem locum praedictum ex causa praedict coram vobis comparere astringerdum c. Thereupon the Lord High Steward directeth forth a precept to the Justices before whom the Indictment is taken willing them to certifie the same Indictment at a day and place by him assigned And doth likewise direct another precept to one of the Serjeants at Arms for the Summonition of the Peeres against the day of tryall in these words A.B. comes c. I. N. servienti Do nini Regis ad Arma salutemetibi praecipio quod summon tot tales Dominos Proceres Magnetes hujus regnt Angliae praedict C. D. Marchionis E. c. aliorum pares per quos rei veritas melius scire poterit quod ipsi personaliter compareant coram me apud Wostmon 1 die Junii c. ad faciend ea quae ex parte Dominiâ— Regis tunc thidem in praemissis injungent c. The like precept doth he also send to the Lievenant of the Tower of London for bringing forth the Peere being prisoner to his tryall and judgment It appeareth that at the Common Law before the twentieth yeere of King Henry the Third a Subjects having title to lands which are in the Kings possession might have a Writt to the Sheriff of the County where the Land doth lie against the King after this manner Praecipe H. Regi Angliae quod reddat S. L. centum acras ter in D. c. But whether the Writt should be a Ward under the Teste of the High Steward or Constable of England that is to be doubted of Touching the Office of the Lord Steward of the Queens House OF the Lord Steward his Office of the Queens House being thorowly well known to the chiefe Officers of the Houshold It seemeth needlesse to set down any notes or observations at all by reason of the daily and continuall execution thereof stil in practice howbeit because there is left unto us from elder age a forme thereof is greatly to be regarded in these our days this place serveth fitly for the exemplification of the same so in such sort as it is set down in an old Book of Record called Domus Regis Angliae preserved in the Counting-house of the Houshold wherein the whole State of the Kings House is orderly described And this Office amongst the rest after this manner ensuing The Steward of the Kings Houshold THe Steward of the Kings Houshold receiveth his charge of the Kings high and proper person and the Houshold staffe in those words following Seneschall venetz le Baston de nostre Maison By which forthwith he is also Steward of the Marshalsey that is the Court of Houshold of which he is a Judge of Life and Limbe and except those cases the Treasurer Comptroller Cofferer two Clerks of the Green-cloth and the chiefe Clerk of Controllment for any matters else done within the Houshold or appertaining thereto they fit with him at the Board of Doome that is at the Green-cloth in the Compting house as Recorders and Witnesses of the Truth The state of all this excellent Houshold is wholly committed to be ruled and guided by his discretion and all his commandements in Court to be obeyed and observed Also within the Houshold except the Kings Chamber alway to be observed covered out of the Kings presence what great estate else that be present as for a cup a cupboard and dishes but none assay Also while he is present in Court there ought no new commandement charges of Officers or any other person be made without commandement first of his person for the Offices more sure discharge Also in the Houshold rules and judgments hee representeth the Kings estate his staffe is taken as for a Commission Also he may in houshold of his power adnull any custome not medled with worship and profit or change it and erect a new such as shall seem to his wisdom by advise taken at Compting board for the better and to the King and his Houshold of more honour and profit And in that he is head Officer he giveth example to all others to be of Governance with inordinate rule to be contented with moderate Costages within the Court in Liveries and Services taking Dinners and Suppers in the Hall and in his Chamber or in any other Office as often as it pleaseth him to search and see the good said rules and the directions in them He hath daily in the Hall eating one Chaplain two Esquires foure Yeomen and in his Chamber daily for his breakfasts and his Chamberlains meat at Supper and Livery for all night eight Loaves foure Messes of great Meat two rewards of Roast two Pitchers of Wine six Gallons of Ale from Hollandtide till Easter one Torch to attend upon himself one Tortays to fetch his Livery by three Perches of Wax six Candles of Wax eight Candles per 5. viij Tallow foure Faggots Litter and Rushes all the yeer of the Serjeant Usher of the Hall and Chamber and after Winter season foure Shyddes two Faggots and when him liketh to have more largely in any thing then his Chamberlain that doth fetch it or receive it must record thereof by Taile or Bill into the Compting house Also the Steward taketh of the Compting house for his Fee at Easter and Michaelmasse twenty Marks and for his Robes for Winter and Summer at the Feasts of Christmas and Whitsontide sixteen Marks and for his Napery at the foure Feasts of the yeere by even portions three pieces of Linnen Cloth in the great Spicery or in money therefore of the Compting house in all 13 l. 1 s. 4 d. And he hath one Yeoman of his Chamber still abiding whilst himself is out of Court to keep his Staffe taking for his Livery daily one cast of bread two messes of great Meat for noon and night one Gallon of Ale The Steward and Treasurer of this honourable Houshold represent within it the State of an Earle Item The Steward or Treasurer or one of them is bound to be at the Compting house at the awayt of the daily Accompts of Houshold and by the writing of Noble King Edward the Thirds Statutes In case it passe for lack of them three days unaccompted that then they two shall acquite the Costages of the Kings Houshold for one day of their own proper costs The Steward and Treasurer make a Warrant yeerly at Michaelmas to the chiefe Butler of England assigning him for how much Wine and in what places of the Kings House he shall lodge the same for the yeer following For the daily expence of his Houshold which hath and must with good oversight be sure of three hundred Tuns And for other things look the Statute of noble Edward Anno 15. Edw. 3. cap. 21. Thus much out of the Book called Domus Regis Angliae Sir William Stamford the Judge in his Book of the Pleas of the Crowne under the title of qui Iudgera treason c. who shall judge of Treason and Felony by reason of their Offices without Commission and who not mentioneth the Statute made Anno 33.44 8. cap. 12. Whereby it is ordained that the great Master or Lord Steward of the Kings House only and in his absence The Treasurer and Controller of the Houshold with the Steward of the Marshalsey or two of them whereof the Steward of the Marshalsey to be one may without Commission heare and determine of Treasons of misprision of Treasons of Murders Manslaughters and Bloudsheds perpetrated within the Kings House for these saith hee are great and chief personages in whom the King reposeth such trust that hee hath ordained them especially for the safety and good Government of his Realm and Houshold More hereof is to be read in the Volumes of the Statutes 25 of Edw. 3. cap. 21 3 H. 7. cap. 14.33 H. 8. cap. 12. Wherein the preheminences of the Lord Steward of the Kings Houshold are rehearsed needlesse therefore in this place to be recited FINIS