Ports of England Ibidem N. 21. ITem William Lord Latimer was impeached and accused by the vote of the said Earles of deceits extorsions gâ—ievances and other mischiefs by him and others of his faction and Covin during the time he stayed as well under our Lord the King in Brittaine when he was in Office with the King as otherwise in England the time that he was Chamberlaine and of the privie Councell oâ— the same our Lord the King First of all concerning that when the said L. Lat. had bin long Captain of Becherell and Officer of the late King Edward in Brittaine if before or during the peace or truce it was committed And thereupon it was proclaimed and published under the King through Brittaine that no English man nor other Forreigner shall take Wines Victualls nor other things of any persons Towns Castles nor of others except they pay presently for them nor shall they take or ransome any Person Town Fortresse or other place upon paine of what they may forfeit notwithstanding all which the said Lord Latimer and his Lievtenants and Officers caused to be taken by wrong and violence of diverse Gentlemen of the Countrey much wines and victuals to a great value without paying any thing and likewise ransomed many by oaths and in taking and receiving ransoms unto the summe of 4 millions and 3 thousand pounds whereof our Lord the King enjoyed nothing to the great dammage and villany of the King and oppression of his people and the said parts and against the Proclamation and defence aforesaid as in a letter made and sealed with the seales of many Lords of Brittaine calâ—ed Ragman and sent into England to our Lord the King aforesaid more at large appeared but the said Ragman could not be found in any sort nor any man knew how to say in truth what become of it and yet he at another time was accused thereof that he had taken at Becherell and Plimoyson from thence unduly 153 l. w. of gold whereof the King had never any part nor any restitution made thereof and the parties from whom those summes were taken preferred a Bill in Parliament in forme as followeth It is to is to bee remembered that the proofes of parties that were ransomed at Becherell and Plymoison during the time of Truce have paid so much to Master John port-Constable of Bechâ—rell for the Lord Latimer and to William his sonne and to Hugh Middleton Receiver of the said Town or to the Lord Latimer departed out of Brittaine The yearly summe 40 Franks And likewise the said Constables William and Hugh have received of the ransomes of such as were wont to bee ransomed during the Warre more moneys than would have well payd all the Souldiers of the said Town The summe 50 Franks And likewise the said Countrey of Brittaine have paied to the said Constables William and Hugh for the death of divers Gentlemen liege men of our Lord the King that were killed upon the land of Brittâ—ine The summe 30 Franks And likewise the said Constable and William his son gathered upon the Countrey of Brittaine to send Monsieur Gakes from Plimouth dates to England The summe 12 Franks And likewise the said William for that he lost 20 Marks in the Isle of Garnesey in a Ship put a fane and ransome upon the said Becherell The summe 1000 Franks And likewise Robert Ravenstons boy had stollen stollen a hâ—lf salt-seller of silver and therefore the Land of Brittaine was ransomed The summe 2 Franks And likewise the said Constables William and Hugh Receivers of the said Town had received divers times for victuals sold as salt wine beefe and other commodities to the summe of 1000 Franks to the great losse of your poore liege-men and to the Town of Becherell For by these extortions which they had borne and sustained by the horrible necessity of the poore people and likewise of the Gentlemen was the said Town lost Wherefore they beseech our Lord the King and his Councell to cause the said Constables William and Hugh to come and answer the aforesaid receits so that our Lord the King may be served of that which belongeth to him and that your poore liege-men that were in the defence of the said Town may be paid their wages for the time that they were in the said Town if so it be your pleasure And likewise the said Lord Latimer was impeached by the Commons of divers loanes made to the use of the King without cause necessary to the great losse and and grievous dammage of the King and more especially of a loane that was made of late to the use of the King by the counsell of the Lord Latimer Richard Lions and others of his covin of 20 thousand markes where our Lord the King was obliged to his Creditors in the said Case to pay again 30 thousand marks and that was done by covin of the said Lord Latimer and others that were privy with the said Creditors to have part of the said Gaine and to be parties to the said deed or without answering the said loanes for it was furnished in speciall that the said money was the Kings own taken out of his Chamber or Treasury and also the proper money of the said Lord Latimer and Richard Lions who appeared as if oppressed by the said loane and also for that by like Covin between him and the said Rich. Lions for their singular profit gaine he had procured and counselled our L. the King to grant many Licences by Patents and Writs to cause a great quantity of Wools skins and Leather and other things to be carried to parts beyond the Sea other then to Callis against the Ordinances and defences made before time in that behalfe to the destruction of the staple of Callis and of the moneyage there to the great dammage of the King and of the Realme of England and hurt of the Town of Callis and likewise that by such covin done betweene him and the said Richard Lions for their singular profit he had causâ—d to be put upon the wools skins leather and other marchandises of the Staple divers new Impositions That is to say of every sack of wooll passing other where than to Callis by such Licence 11 s. more against the Statutes and Ordinances thereof made and also for that by his singular profit and ill government betweene our Lord the King and his Realme they have had and suffered many other grievances losses dammages and villanies without number as the losse of the Towne of S. Saviour in Normandy of the said place of Becherell and of other Fortresses which might have been well saved and kept if the King had been well counselled And also concerning certaine Spies and other felons taken and imprisoned by the King and after delivered by the Lord Latimer of his own proper authority without the knowledge or pleasure of the King taking upon him and incroaching notoriously in doing these things upon the Royall power
or inheritance and in capitall offences so Arbitrary that the forme of the death inflicted sometimes varied from the ordinary course used in the common Law for such offences Under the first Head these cases of 1. Iohn Matravers 2. Borges of Bayons 3. Iohn Deverill 4. Thomas Gourney 5. William of Ocle 6. Iohn of Gomeniz and 7. William of Weston All condemned to death for Treason and all to bee drawne and hanged saving Gomeniz who was judged to bee beheaded because he was a Banneret and had served the King in his Warres Under the second Head are these cases of 1. Iohn at Lee Steward of the houshold 2. Richard Lions 3. William Lord Latimer 4. William Ellis 5. Chichester and Botesham 6. Alice Pierce 7. Cavendish against Sir Mich. de la Poole Chancellour of England 8. The Earle of Northumberland For Writs of error their power and course in them may bee seene some speciall examples which are expressed whereunto is added that of Thorpe being Speaker of the Lower House under Henry the sixt which specially shewes the power of Iudicature in the Lords although otherwise it tast too much of what is wholy against the priviledges of every member of the Parliament at this day Ex rot Parliamenti 4. E. 3. mem. 3. num 3. WItnesse the Peeres Earles and Barons assembled in this Parliament at Westminster that it is openly assented and agreed that Iohn Matravers is guilty of the death of Edmund Earle of Kent the Vnckle of our Lord the King that now is as he that principally traiterously and falsely compassed the death of the said Earle so that the said Iohn did know of the death of King Edward our Father when the said Iohn by haynous manner and by his false and wicked deeds conspiring with the sonne of the said Earle against the life of the King which hee did actually commit for which the said Peeres of the Land and Iudges of the Parliament adjudge and award that the said Iohn bee drawne hanged and quartered as a Traitor in what part of the Kingdome soever he be found and the said Peeres doe pray our Lord the King that hee will command that a writ be made to make search and enquiry throughout the Realme and that he that can take the said Iohn alive and bring him to the King shall have a hundred markes and if in case he cannot be taken alive he that brings his head shall have fiftie pounds of the Kings guift Moreover to have such judgement it is agreed that it be put in execution of Boges de Boyons and John Deverell for the cause afore-mentioned and that hee that can take the said Boges alive and bring him to the King shall have a hundred pounds and he which brings the head of the said Iohn shall have forty pounds of the Kings guift Item it is assented and agreed that Thomas Gourney and William of Ocle shall have such judgement for the death of King Edward Father of our Lord the King that now is who falsely and traiterously murdered him and who can apprehend the said Thomas and take him alive shall have a hundred pound and he that can bring the head of him a hundred markes likewise he that can take the said William alive shall have a hundred markes and hee that brings the head of him if in case hee cannot be taken alive shall have forty pound of the Kings guift Rot. Parliamen 4. R. 2. M. 5. in Schedula annexa THis Schedule the Commons made and caused to be brought in Parliament praying the Lords to ratefie the same and to put in execution in that schedule amongst divers others this Article occurres Item that all those which have lost or rendred when necessity required not Castle Towne or Fortresse to the dishonour of our Lord the King the Lords and Commons in this present Parliament being every of them attainted of such fault shall be punished according to their desert without partiality for to avoyde the evill example which they have given to all others Then afterwards followes an Accusation and a Iudgement upon an offence of that nature ITEM where the Supplication is by the Commons that all those which have rendred and lost Castle or Townes lost by the very default of Captaines may be put to their answer at this Parliament and according to their desert throughly punished by the award of the Lords and Baronage avoyding the evill example which they have given to others and that Allen Buxall Constable of the Tower of London shall cause to come before the Lords of Parliament at Westminster on friday the 27. day of November in the yeare afore mentioned Iohn Lord of Gomeniz and William of Weston imprisoned and detain'd in the said Tower at the commandement of our Lord the King because they have rendered and lost faithfull Castles and Townes of our Lord the King for to answer upon the Articles which there shall be preferred for the said cause on the behalfe of our Lord the King At which day being friday the said John and William were brought by the said Constable of the Tower before the Lords aforesaid sitting in full Parliament in the great chamber They were severally put to answer at the commandement of the said Lords by sir Richard Scroope Knight Steward of the Houshold of our Lord the King in manner as followeth William of Weston you have taken upon you to the thrice powerfull Prince whom God have in his keeping Lord Edward late King of England Vnckle of our Lord the King that now is surely to keepe to him and his Heires Kings of England the Castle of Barwick without surrendring the same to any but him or his said Heirs have you William who were a leige man of our Lord the King that now is true Heire of the late King Edward delivered and surrendered the said Castle to the Enemies of our Lord the King without his Commandement in dishonour of him and his Crowne and of the Estate of his Realme of England against your leigeance and undertakings whereupon hee put his answer in writing having a Schedule contayning the Tenor of many things and came and read the said Schedule in full Parliament upon which the Law was demanded by the said Steward if the said Schedule should bee taken for his finall answer in that behalfe or not And thereupon the said William prayeth that the said Schedule may be redelivered to him and there hee putteth in his finall answer and after the said William put in to the said Schedule an Addition in full Parliament for finall in that behalfe The Tenor of which Schedule is such as followeth To the most sage Councell of our Lord the King and to the other Nobles and Commons of Parliament WIlliam of Weston beseecheth and shewes that he is accused maliciously to have rendered the Castle of Barwick which he had in keeping upon the Trust and assignement of our Lord the King may it please your just
proces out of the Chancery Kings bench or otherwise where the returne is Coram Rege CHAP. IX Amerciaments IN case of Amerciaments of Barons of Parliament upon nonsuits or other Iudgments ending in misericordia there is a speciall course both for the summe and the way of assertaining of it which differs from the Amerciaments of coÌ„mon persons For the summe the Amerciaments of an Earle or Spirituall or Temporall Baron is equall that is 5 l. of a Duke 10 l. and the sessing of this is by the Kings Iustices before whom the action dependeth The Iustices in this place supplying the roome of Peeres by which according to the grand Charter they are to be amercied as exprâ—ssly it is affirmed in the Iudgement under H. 6. against the Earle of Northumberland where the words of the Iustices are Insomuch as an Earle is a Peere of the Reâ—lme he shall be amercied by his Peeres according to the Statute and therefore we put not the Amerciament iâ— ceâ—taine And thence and thus is the grand Charter to bee understood that saith Câ—mites Barones non amerâ—ientur nisi per Pares suos but continuall usage hath thus as before is shewed interpreted that priviledg and so hath the practise been and thence was it under E. 2. a writ was directed to the Iustices of the Common pleas that they should not amerce the Abbâ—t of Crowland tanquam Baro because he did not hold per Baroniam aut partem Baroniae For this of Amerciament while there were no other Titles of greater Nobility but Earle and Baron which was in the time of E. 3. who created the first Duke in England as Rich. the 2. the first Marquesse and H. 6. the first Viscount And the Amerciaments of the Lords of the Parl. were all at 5 l. whence also is generally so affirmed in the Statutes of Ireland under H. the sixt that every Lord that is called L. of Parl. in all places aswell personall as reall in which amerciaments do ly shall be amercied at 100 s. But when other dignities were made and it seemes according to the proportion of the releifes paied by those new dignities for a Duke is to be amercied at double the summe of an Earle that is 10 l. as his reliefe is double which is 20. CHAP. X. No processe in civill actions to bee awarded against the body of a Baron NO baron of the Parliament or Baronesse is to be arrested by Capias upon action of debt account trespasse or the like but they are to be distrained only and pay issues retorned for an apparance The reason of this was anciently because the Capias in such Cases goes out only upon nihil habet retorned by the Sheriffe which could not be for a Baron who was ever to be supposed to be seised of his Barony by which he might be distrained and lose issues Although the reason failes now in those that have not more than the names alone of their Baronies yet the same Law still remaines but this limited to actions between party and party and party for in cases of rescues felonies or the like where the offence is immediatly to the King A Capias lies against a Baron of the Parl. And it is as other priviledges which are legal in England limited also to the Barons of the Parl. of England for it appeares under R. 2. that in an action of debt a Capias was awarded against the Countesse of Ormond being one Irish Baronesse and participating of her husbands dignities as our Ladies in Eng. neither can a Baron of Ireland be tried here by the Peeres of Eng. for they are not his Peers no more than the L. Zanchar might being a Baron of Scotland who was indicted and arraigned only by the name of Rob. Creighton Esquier and upon this reason that he was no Baron of Parl. tried by a common Iury Thence it is also that an Earle Baron or Duke of France comming into Engl. by the Kings safe conduct shall not in any legall proceedings be stiled so as appeares in the time of Edw. the 1. in the case of the E. of Richmond being then Duke of Brittaine and in the case of Sir John Douglasse under Edw. the 4. And the reason why S. Gilbert Humfravill in the time of Edw. the 3. was legally to have his title in writs of Earle of Anguish was because that in that age the E. of Anguish by that name was L. of the Parl. as it is expresly noted in our year-books And this difference it seemes hath beene here between Temporall dignities and Spirituall that in regard the temporall State of England was ever held as severed and distant from other States not at all communicating with them in civill government Therefore forraigne dignities which are of the Civill part of States had no respect given them as appeares in the examples already brought But on the other side in dignities Spirituall because there was anciently through Christendome supposed an unity in the Church So that England with forraigne Nations and they with England as membeâ—s of one body had a mutuall reference to each others Countrey was legally valued as Bishops in England as may be seen in that case of the Bishop of Vâ—recht for this is the right Name though it be printed Vrston under E. the 3. where being made Bishop of Vtretcht makes a Prebend of England So the Title of Cardinall was usually given in legall proceedings to such as had that dignity in England whence also the Archbishop of Raguse being parson of a Benefice in the Bishoprick of Carliste under King John was it seemes to have been accounted here also an Archbishop for dignity though not for Iurisdiction CHAP. XI A Knight to be retorned upon every pannel where a Baron is party IN every Iury impannelled between any Baron of Parl. and other person whatsoever one Knight at the least is to be returned which failing the array may bee quashed by challenge A testimony hereof aswell for spirituall as temporall Barons is frequent CHAP. XII No day of grace against a Baron IF a Baron of the Parl. be plaintif or defendant in any action and the plaintife or defendant pray a day of grace he shall not have it against him and this is expresly affirmed in the books CHAP. XIII Making deputies of places of trust committed to them Oâ— late years it was agreed in the case of Gilbert Earle of Shrewsbury that whereas the office of Steward-ship was granted to the Earle of Rutland without giviâ—g power to make a deputy and this by Q. Eliâ—abeth that â—et he might exercise the same Office by Deputy by reason of the nâ—câ—ssity that is supposed in the lawe to be of the Eaâ—lâ—s attendancâ— upon the King and the Govâ—rnment of the Kingdome the same reason is it seemes for all Barons FINIS U. 8 Dyer Parl. 14 Eliz. Dyer par â—9 43. Eliz. l. â—ac c. Rot. Parl. 18.