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
CERTAINE OBSERVATIONS TOVCHING The two great Offices of the Seneschalsey or High-Stewardship and High-Constableship of ENGLAND LONDON Printed for L. Chapman Octob. 17. 1642. CERTAINE OBSERVATIONS TOUCHING The two great Offices of the Seneschalsey or High-Stewardship and High-Constableship of ENGLAND THe Seneschalsey or High-Stewardship of England is known to be the greatest Office in England by reason of the authority it hath over all other Officers which since the Norman Conquest hath long continued by descent inheritably in the Family of the ancient Earles of Leicester was after translated to the house of Lancaster and by K. Henry the fourth of that stock when he had obtained the Crown was incorporate into the same as all other the honours Lands and hereditaments of that house were For the plainer manifestation thereof it will serve wel to the purpose before the Office it selfe be described to shew the first institution thereof and to recount in order the succession of the Officers whilst it passed inheritably It is therefore to be understood that amongst the persons of chiefest account which entred this Kingdome with D. William of Normandy and were assistant unto him in the conquest thereof one Hugh Grauntmesuell a Baron of Normandy was of special reckoning whose father Robert of Grauntmesuell one of the chiefest Noblemen of all Normandy reteined at home with him for his own comfort and for the preservation of this stock the elder of them named Robert who succeeded him in all the inheritance of Normandy but sent with the Duke his second son called Sir Hugh of Grauntmesuell who so demeaned himselfe in the enterprise that when by conquest and strong hand the whole Kingdome was subdued by the Normans their Duke regarding the good service of those that adventured and laboured with him forgot not the praiseworthy desetts of this Nobleman whom therefore he rewarded liberally with sundry great Territories and portions of Land in many shires of the Realm as namely with those great Lordships Peberworth Merestone Quenington Weston and Wileot in Glocestershire with divers Lands in Ferendow Meristow Thorp Welington Staverton Mereford Newbottle Middleton Sutton Biveld Wodeford Edgdow and Ceroilton in Northamptonshire with Wichingston and Hinkley in Leicestershire with divers Lands in Edwolton and Sandy-acre in Nottinghamshire and with Ley in Suffolke as appeareth by the record in the Exchequor commonly called Domesday Moreover he made him high Seneschal or Steward of the whole Kingdom according to the Norman usage a dignity never heard of in this Land before did further advance him in marriage with a great Lady inheretrix of sundry possessions named Adalisa or Alice on whom he gat two daughters his heires the elder of them called Petronelle or Pernell was married unto Robert Earle of Leicester surnamed auecles blanches maines that is Robert with the white hands that was the son of Robert le Rossa Earle of Leicester who was son unto Robert of Beanemount Lord of Pont Adomare and Earle of Mellent in Normandy brother to Sir Henry of Newburgh the first Earle of Warwicke after the Conquest unto whom the said Pernell brought the one moyity of her fathers possessions and withall for increase because she was the eldest daughter together with the honours of Hinckley the Office of Seneschalsie or Highstewardship of England which were not partable as the other inheritances were The yonger of the said Sir Hugh Grauntmessuels daughters called after her mother Adalisa was given in marriage unto one Roger Bygot a Norman with the other moyity of her fathers possessions unto whom she bare divers sons and daughters from the eldest whereof named Hugh Bygot that was the first Earle of the East-Angles of this family containing Norfolk and Suffolk the other Bygots that were after Earls of Norfolk are lineally discended between which two families contention had often been about the Office of Stewardship whereof in this place to note what is set down in the record of the Exchequer called the red booke is not impertinent to this purpose where it is said that on the Sunday before Candlemas-day in the 20 yeere of the raigne of K. Henry the son of K. Iohn commonly called K. Henry the third at the Coronation of his wife Q. Elenor that was the Earle of Provinces daughter Simon of Mountford then Earle of Leicester and high Steward of England lineally descended of the before-named Parnell being ready the day of the Coronation to execute his Office of Highsteward which by right appertained unto him was forbidden and gainsaid by Roger Bygot then Earle of Norfolk who being descended from the before named Adalisa the yonger of Sir Hugh Grantmesuels daughters alleaged that it was his right to exercise that Office which controversie as also divers others then moved was heard judicially before the King unto whom Earl Simon replying answered that it was true that contention had been heretofore moved between their Ancestors for the same matters in the daies of King Iohn the Kings father which was compounded and pacified for the service of ten Knights or rather ten Knights fees given by the Earle of Leicester unto the Earle of Norfolk who therefore released all his title and right to the Highstewardship Whereunto because Earle Roger of Norfolk alleaged that there rested of these Knights feet two and a halfe to be assigned unto him Earle Simon made answer that he might well recover them with the Arrerages by the Laws of the Land in the Kings Court and ought not therefore to hinder him in the execution of his Office seeing he acknowledged the former accord and by vertue of the same was already in quiet possession of seven Knights fees and a half And so was Earle Simon by the Kings own doom and sentence admitted to the quiet exercise of the Seneschalsie at the same Coronation And now to return where we left Robert Earle of Leicester that wedded Dame Parnell was high Seneschall or Steward of England and was the man for whose greatnesse of stomacke the walls of the Town of Leicester were rased to the ground because he took part with the yong King Henry against his father K. Henry the second as histories make mention begat on her sons and daughters and after in K. Richards daies the first warring in the holy Land was slain at the siege of Acon in the yeere of our Lord God 1190 whose eldest sonne Robert suâ—mmed after his mother Fitz-Parnell was after his death Earle of Leicester and high Steward of England of whom many worthy acts are by histories remembred both of his prowesse in the field and fidelity to K. Richard the first with whom he continued as a most faithfull companion during the Palestine wars was partaker of his evill fortune by being taken there prisoner compelled to pay for his redemption 1000 Marks of Silver and therefore constrained to sell his Castell of Plasey in Normandy But to be briefe and not to stay upon the Narration of these things It serveth onely to the purpose to note that
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 slâ—iâ— 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 Altâ—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 realâ—â—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 contâ—nued in the house of Lancastâ—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 Priâ—cesse Qâ—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 Justicieâ— greater then these before mentioned who was called the Princes Seâ—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
Kings officers in such case shall alledge in Parliament and say for their excuse that in that case such hardnesse and doubtfulnesse of the Law and rights did arise when the same was heard and propounded before them that neither he nor the Court of Chancerie or any other Court wherein he is an Officer were able or knew to attaine unto the safe determination of the right Then shall he open and declare the same Ambiguitie and doubt in Parliament then if it bee found that the Law was doubtfull in that Case the Chancellour or other Officer shall be held excused and then shall the high Steward of England together with the Constable of England in the presence of the King and other of the Parliament make choice of twentie five persons more or lesse according as the case shall require together with such other cases in that Parliament rehearsed amongst whom shall be Earles Barons Knights of the Shire Citizens and Burgesses who there shall ordaine agree upon and establish remedy by Law in all such Cases for ever after to endure And those Lawes shall be recited written and allowed in full Parliament and sealed with the great Seale and delivered forth to all places of Law and Justice from thence forward to be holden for Lawes and in publick places where it shall be thought expedient they shall be proclaimed and divulged whereas all other common Lawes and chiefly Statute Lawes throughout all the whole Kingdome ought to be publickly proclaimed If so it happen that there was in such like case either Cōmon Law or Statute-Law so that the Kings Steward and others of the Parliament may understand and perceive that such default and delayes in Processes and Judgement doe happen by such Officers when as the deceipt and malice of such Officer hath openly and often before beene apparant then shall he be removed out of his Office and some other fit officer shall be put in his place If they shall presume against the Justices and such other Officers as by excusing themselves shall say that they have not heretofore known themselves and the Courts whereby they are in such Cases to deliberate and take advisement Then shall they be admonished by the Steward on the behalfe of the King and the Parliament to studie and search better the Common Law that no such ignorance or negligence bee found in them in the like Cases afterward If they shall happen to offend in the like againe they then to be put out of their offices and other discreeter and more diligent persons shall by the King and his Counsell be assigned to their roomes Likewise it is the Stewards office if the King have evill Counsellours about him that advise him to doe things tending openly and publickly to his dishonour or to the dis-inheritance or publicke hurt and destruction of his people Then the Steward of England taking with him the Constable and other great estates and other of the Commonaltie shall send to such a Counsellour forbidding him in such sort to lead and counsell the King and of such his evill Counsell shall make rehearsall enjoyning him to depart from the Kings presence and longer not to abide with him to his dishonour and the publick hurt as is aforesaid which if he shall not doe they shall send unto the King to remove him from him and to give no more eare unto his Counsell for that amongst the people he is esteemed to bee an evill Counsellour to the King against his Subjects If hereupon the King doe not put him away againe and often shall they send aswell unto the King as unto him If at the last neither the King nor such Counsellour of his have regard unto the Messages and requests made unto them but shall refuse to doe thereafter Then for the Weale Publick it is lawfull for the Steward Constable of England noble men and other of the Commonaltie of the Realme with Banner in the Kings name displayed to apprehend such Counsellour as common enemie to the King and the Realme to commit his body to Ward untill the next parliament and in the meane time to seize upon all his goods lands and possessions till Judgement be pronounced of him by the advise of the whole Kingdome in Parliament as it happened unto Godwine Earle of Kent in the dayes of King Edward the Confessour next predecessour to VVilliam Duke of Normandie Conquerour of England who for such ill Acts and Counsels of his was deprived of his Earldome Escheted to the aforesaid King notwithstanding at the Kings and Noblemens permission Godwine came againe into England and did after forfeit as before And as it happened likewise to Hubert of Burgh Earle of Kent in the time of King Henry that was Sonne of King Iohn who for his evill deeds and bad Counsell was apprehended and by the high Seneschall and other Peeres deprived of his Earldome by the allowance and consent of the whole Parliament And likewise did it befall unto Pierce of Gavestone who in the dayes of King Edward the Sonne of King Henry for such his evill Acts and Councells was banished out of all the King of Englands Dominions as well on this side as beyond the Seas which Pierce of Gaveston afterwards by the Kings means and by the favour and permission of the Nobilitie returned into England and had of the Kings gift the Earldome of Cornwall yet was he after that for his evill deeds and Counsels banished the Realme againe by the Nobles and Commons and his aforesaid Earldome Escheated to the King but returned afterwards without the Noblemens leave and consent and did resort and associate himselfe unto the King as before he had done which when the High Steward Constable and others of the Nobilitie understood he was by them apprehended and beheaded at Blacklow in VVarwick-shire as a publicke enemy to the King and to the Realme So have you as much as in the said old Booke is to be seene touching the Office of the High Steward of England After the death of any King or Queen absolute of this Land the high Steward of England by vertue of his Office sitteth judicially and keepeth his Court in the Whitehall of the Kings Palace at VVestminster neere unto the Kings Chappell and there receiveth the Bills and Petitions of all such of the Nobilitie and others as by reason of their tenure as or otherwise claime to doe services at the new Kings Coronation and to receive the Fees and allowances therefore due and accustomed As did Iohn Duke of Lancaster Earle of Leicester high Steward of England c. at the Coronation of King Richard the second and Tho. Pierce Earle of Worcester who exercised the same Office of the Coronation of King Henry the fourth as substitute and Deputie to Thomas the Sonne of the said King Henry then being very young unto whom his Father had assigned that Office being parcell of his owne inheritance who before hee had obtained the Crowne was not only Duke of Lancaster as