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
and learned discretion to have the said William excused for the causes which follow First may it please you to remember how that the said William was lately warned by a Spie that a very great power of Enemies came against him for to besiege the said Castle and to batter the same with great Ordinance whereupon the said William forthwith by his Attourney and by his Letters requested the Councell that they would please to foâ—tifie the said Castle with more Gentlemen fâ—r the defence and safeguard theâ—of having regard that the garrison of the said Câ—stle was not sufficient for halfe the multitude of so great force to make resistance in so large a place but in the end for that hee could have no succour of the said Councell and likewise the said William being not in default was left without sufficient souldiers of a long time whereby to keepe and defend the said Castle whereof hee beseecheth you that you will take just and benigne consideration Likewise may it please you to take notice by the privy Scout of Warre that there came the Enemies power of Armes and seven hundred fighting men with 6000. of the common souldiers of the Land having nine great Cannons a great Engine and a Trebutchet big above measure which they carried in their marches that thereby presently a great part of their Gentlemen of Armes souldiers aforesaid came before the Gates of the said Castle to assault it and there was a Knight of theirs killed which was cozen to the Lord of Chiffin insomuch that officers and many others also were there slaine and in a short time after they beganne to plant their Cannons and Engines and so continuing from day to day their assault that is to say Tuesday Wednesday and Thursday and the walls then of the houses and of the said Castle were broken and divided in many places and they had by force filled the ditches of the said Castle in three places if possible to make way for them to issue and there came upon the said workes a a great part of them and they by force had broake and spoyled many of our bars and the morrow after which was Friday they came at the break of day with all their strong men to assaile the said Castle but by the help of God they were not yet Conquerours by force of their Assault And of our side and of their side there appeared great death and losses and the same day the Marshall of Burgoyny treated with the said William and others to render the said Castle Wherefore and in consideration that the said Castle could not hold out for the smallnesse of the number of Gentlemen there and for that the walls in many places were beaten down by their marvelous Ordnance there was a Treatie with the Lords to the end that the said William with his companions might know what to doe the next morning whether to stay or depart from thence Likewise the same night the Enemies had brought all their Ordinance their Engines Trebutchet and Cannons upon carriages drawne by Horses to the foot of the ditch of the said Castle and the next morning which was Saturday they put themselves all in Order to assault the place and then first of all they sent a Herald to the said VVilliam to know if the same Castle should bee rendered or not whereupon the said William by advice of the graver sort of his companions having consideration how the said place was destroyed by their Ordinances and also that there were few Gentlemen left for the defence and that twelve of their companions were at that time dead and that many being wounded and sick he could not renew the Gentlemen of the Garrison and that for safety to defend themselves there being only but thirty eight and by common assent the said Castle which hee could hold out no longer was by force rendered for safety of the lives of the men That all these things aforesaid are true the said William putteth himselfe upon Tryall according to your discreet Ordinances Item it is to be remembred that when the said Castle was rendered as aforesaid certaine Gentlemen of France did bargaine with the said William for his victualls and bought the same togâ—ther with certaine persons which the said William held within the said Castle in Prison for which things hee received of them 1000. and 500. Franks whereof hee paid to his companions for part of their wages which then was behind three quarters of a yeare 678. Franks Item hee payed at Callis for victualls of the said Castle before that time due 1442. Franks Item for the passage of the said William and for his expences being at Callis 135. Franks And therefore the said William beseecheth that you have regard to Iustice and bounty how that he by envious suggestion hath beene against all reason accused thereof concerning his estate and name for which offence hee hath seised and stayed some of the Cattells of his Adversaries and that you have consideration how that hee hath payd his companions out of his proper goods for their wages and that you will be pleased for Gods sake and piety also to ordaine for him that by your discreet noblenesse hee may recover his Estate and goods Item the said William Weston sheweth how the first day when the Enemies came before Ardee he fled thence to the Army at Callis to the Captaine there to pray of him more succour and ayde of men to guard the Castle of Barwick and to defend if the Enemies had assaulted and the Captaine answered him briefly that he would not deliver nor lend succour nor aide at that time for that he doubted himselfe the Enemies would come before the Towne of Callis And the Lord Steward came and read the said schedule in Parliament Iohn Lord of Gomeniz you have undertaken to the thrice powerfull Prince whom God preserve Lord Edward late King of England Vnckle of our Lord the King that now is safely to keep to him and his heires Kings of England the Towne and Castle of Ardee without surrendring the same to any but to the said King and his Heires or by the Commandement of him and his Heires Have you Lord of Gomeniz in time of our Lord the King surrendred the same without his commandement to the detriment of him and â—is Crowne and of the Estate of his Realme of England agaiâ—st your undertaking aforesaiâ— what say you to it whereupon the said Iohn answerâ—th that the said Towne and Câ—stle of Ardee was so feeble that hee could not well keepe it against so great power of the Enemies which were readie to assaile the said Towne and Castle and therefore he went forth to intreat with the Eâ—â—mies that he might save the liege men of our Lord the King being within that Towne and Castle of Ardee without that that he at any time tooke any thing for the surrender of the said Towne and Castle of Ardee Whereupon one Geffery of Argentine Knight said in
Bishop of the same Ward and marriage made to the said William and surrendered to the said Iohn by the said William by durity and menaces bee fully restored to the said William and that the Enrolment of the release to the said Iohn by the said William of the same Ward and marriage also by durity and threatning made as by the said William in the Exchequer be cancelled voyde and holden for nought for ever saving all times to the King his right in time to come Ex. Rot. Parl. 50. E. 3. mem. 2. num 17. FIrst the said Richard Lions Merchant of London was impeached and accusâ—d by the said Commons of many deceits extortions and other evill deeds commited by him against our Lord the King and his people as well in the time that he had beene belonging to the House and Councell of the King as otherwise during the time that he was Farmor of the Subsedies and Customes of the King And more especially for that the said Richard by Covin had betweene him and some of the privie Councell of our Lord the King for their singular profit and advantage had procured and gotten many Patents and Writs of Licence to be made to carry great faith and credit whereby Skins wools and other merchandises were transported other where then to the Stapâ—e of Callis against the Ordinances anâ— defences made in that behalfe concerning the same before time in Parliament And for that he had imposed and procured to bee put upon Wools Skins Leather and other Merchandises certaine new Impositions without assent of Parliament and those Impositions and Taxes without permission of the King or of the High Treasurer of the Realme having not medlage therewith and it was said how hee uncertainly tooke ten shillings in one parcell and twelve pence in another parcell of every sack c. which mounted to a very great summe throughout all the time that hee had beene receiver or Treasurer and likewise of another new imposition of foure pence by him made and put upon every pound of money upon the Lumbards and other Merchants for a discharge by his owne proper Authority and without warrant and assent in Parliament or otherwise and the same imposition of foure pence the pound contrary to piety collected and kept as to the use of our Lord the King whereof hee payed nothing And also of divers loanes made to the use of the King without cause necessary and more especially of one loane which he newly had at London of twenty thousand markes where our Lord the King was bound to pay 30000. markes and that by the Counsell of the said Richard and others in the Kings Court who have covenanted with the receivers to have part of the gaine and to be parties secretly to the said loane the said Richard taketh the said money and afterwards gaineth by way of vsury of the King his Lord of whose Councell hee was before a great quantity of money in great dammage and deceit to the King and also many other extortions throâ—ghout the Realme and so demeaned himselfe against his Councell Treasurer and receiver concerning the new impositions as otherwise taking upon him in all the said matters the Royall Power which was horrible to rehearse And also for that our Lord the King had beene debtor of Record to divers Gentlemen of many great summes of money so had the said Richard by the assent of other privie complices in the Kings Court of the said Covin caused many such accounts to be bargained and compounded sometimes for the tenth penny and sometimes for the twentieth or a hundreth penny and hath procured the King to pay the debts intire and so by such his subtilties and for his singular profits as well our Lord the King as the said debts are wickedly abused and more especially the Prior of Saint John of Ierusalem in England to whom the King was debtor of a certaine summe and the said Richard hath had twenty foure Marks thereof for Broakage to cause the said Prior to have payment of the remnant and another time of the Lord Steward to whom the King was also a debtor and the said Richard hath had of him by the same manner another great summe of money and so of many others in great deceit slander and villany to the King and his Court Whereunto the said Richard present in Parliament saith that as to all the said Loane made to the King of the twenty markes aforesaid hee is altogether without other fault and further saith that he at no time had profit or gaine nor tooke any thing at all of the Loane aforesaid nor of the said money nor in other things and that he was ready to prove by all wayes reasonable when they would demand of him and as to the said Impositions of ten shillings and twelve pence the sack of wooll c. 4. pence the pound of money he could not cleerely excuse himselfe that he had not so levied and collected and thereof taken money his part that is to say 12. pence of every sack of Wooll c. but that was hee said at the commandement of our Lord the King at the prayer and assent of the Merchants who demanded such Licence and as to the remnants of these Impositions he had wholy delivered them to the receiver of the Kings chamber and accountable is the receiver in the Parliament And the said Richard first of all collected the same having a Warrant by which authority he hath before shewed in Parliament under the Seale of the King himselfe and his Councell so to doe and thereupon were witnesses produced in Parliament that our Lord the King had expressed a day for the same And some Lords there present in Parliament were that knew not how or in what manner he was become in such office under the King and what is more that the King knew him not for his Officer and that amongst other Articles the said Richard made no answer wherefore the said Richard was awarded to prison during the Kings pleasure and distrained to fine and ransome according to the quantity of his trespasse and that he loose his freedome of the City of London and bee no more in Office under the King nor approach to the Kings Court or Councell and thereupon another time the said Richard was sent before the Lords of Parliament where it was said to him that it seemed to the Lords that his offences were so great and horrible that hee had not sufficient wherewith to make satisfaction and forthwith the said Richard submitted himselfe into the favour of the King his body his Lands Tenements goods and Chattells and willed and granted that his body goods and Chattells should bee at the Kings will to give and as to the Extortions done by the said Richard or his Deputies from the time that hee was Farmer of the subsedies or Customes as beforesaid it is ordained in Parliament that good Inquiry bee made by sufficient Gentlemen in all the
he was called to the King where hee found the Lady Alice Pierce Nicholas Currein and many other Knights Esquires which came with him and there it was rehearsed by the said Nicholas how the King had shewed favour to Richard Lions of his Tenements which were holden by the Earle of Cambridge and Master Thomas of Wooâ—stock and had given him a 1000. marks of his Treasury And as to that which was don the said Dame Alice Pierce prayed the same Mr. Allen that hee would declare to the said Earles the Kings will his chargings upon the blessing of their father to cease to extend the Tenements of Maâ—ter Allen and that they doe it voluntarily if the King commanded them to doe so And forthwith at the instance of the said Alice the King commanded and it was also done And as to the Article of Master Nicholas Dagworth he saith that he knoweth nothing but that hee heard the said Lady Alice say many timâ—s that it is not reason nor Law that the said Mr. Nicholas who was enemy to Master William Windsor should bee sent into Ireland to make Inquisition of him or against him Item Will Street late controller of the Kings house sworne in like manner and diligently examined saith that he was one day at Havering when Williamâ—f Yorke spake to the K. of William Windsor in presence of the Lady Alice Pierce for to disturb the passage of Master Niâ—holas and the said Lady Alice said that it â—as not reason that one Enemy shoulâ— bee Iudge of another And moreover the said William Streâ—t saith in his consciâ—nce that the said Ladâ—Alice was principall and motrix of the said cause as he verily beleeves And as to the Article of Richard Lions he knowes nothing before it was all finished Item John Beverill sworne in like manner and diligently examined saith that he heard not at any time the said Lady Alice speake to the King concerning neither the one Article nor the other and that she kept her selfe well from him that she spake nothing in his presence but hee thinks in his conscience that she was the promotrix in the said businesse for hee knowes no other which could have followed that matter and notwithstanding they were caused to come before the said Duke and the said Earles Mr. Robert Beauchampe Master Allen Buxall Master Iohn Burle Mr. Philip de la Page Mr. Iohn Foxley and Thomas Barre Knight Nich Currein Iohn Beauchampe of Holt John Beverly George Felborough John Salisbury William Street Pierce Cornewall Thomas Lurden Lolvin Legat Esquires of the house of the said late King Edward which doe say upon their oathes that the said Alice was principall promotrix to the said King at his Court aâ—Havering about the Feast of All Saints in the 50. yeare of his Reigne concerning that Article touching the revocation of the said Nicholas Dagworth and for that she was committed Item as to the Article touching Richard Lions they know well that the said Alice was well willing councelling and aiding to the said busines prevailing with the said King at Sheeâ— in the moneth of May last past and for that she is found guilty in the same impeachment and the Lords of Parliament that were at Parliament when the said Ordinance was made remember that their intention was witnessed and bearing the force of a Statute and by the generall words whatsoever the said Alice may forfeit extend as well to the forfeiture of Lands and Tenements as goods and Chattells and all other possessions considering the dammages and villanies by her done to the King and to the Realme for that it was in effect to restraine and punish the said Lady Alice only wherefore it is awarded in this present Parliament that the said Ordinance have the force and effect according to the intent aforesaid that she be banished out of the Realm and her Lands and Chattels Tenements and possessions as well in demeane as in reversion be forfeited to the King and seised into his hand and it is the Intention of the King and of the Lords of the Ordinances assented to in the same Parliament that all the Lands whereof she hath taken the profit or bargained to her own profit be forfeited because of the fraud which may bee presumed in which shee is most abounding for which câ—use the same shâ—ll 〈◊〉 â—orâ—eited to the King and seised as the oâ—her Lands And it is the Intention of the King and of the Lords that this Oâ—dinance and award made by the King for such odious things in this especiall case which may extend to a thousand other persons shall in no other case but this bee taken in Example Likewise it is ordained and assented that notwithstanding the said forfeiture if she purchased any Lands or possessions by foâ—ce or dures Bee it by fine or by deed in pais or deed inrolled or otherwise that the purchase bee holden for nothing and that the parties which perceiv themselves aggrieved may have remedy by processe in Chancery and by advice of the GRANDIES of the Councell right shall bee done to the parties and restitution made according to the case demanded so that the purchases made bona fide be not made voide nor disanulled bâ— any manner of way Et istud rotulum sic factum scriptum tradidit liberaâ— it Edmundus Bradwell Clericus de Corona c hoc in Parliamento assig Clerico Parliamenti Ex. Rot Parliam Anno 7. R. 2. N 11. ITem It is to be understood that the 23. day of May there was present one Iohn Cavendish of London priâ—oner in this Parliament before the Commons of England in their Assembly in presence of some Prelates and Lords temporall there being and afterwards before all the Prelates and Lords being in this Parliament and prayed the Lords that for Goâ—s sâ—ke they would hasten for the peace and safety of his life that hee may have iufficient surety of the peace of those wheâ—eof hee complained and especially demanded surety of the Peace of Master Nicholas de la Poole Chancellor of England and this request to him was granted and thereupon by Commandements of the Lords aforesaid the said Master Nicholas there present found Sureties to be peaceable towards the said Iohn that is to say the Earle of Stafford and the Earle of Salisbury and the said Iohn rehearsed how at the last Parliament hee had made persuit by one Savill against Gibbon Mansfield Robert de Parry Iohn Hawkins and WILLIAM HORSMAN to have Restitution of certaine goods and marchandizes of great value left upon the Sea in default of the said Gibbon Robert John and William at the time when he had undertooke the safeguard of the Sea and of the marchandizes passing and comming from Sea for the time against all Enemies out of the power Royall which Bill was endorsed in the said Parliament he confessed and acknowledged in the Chancery for to discontinue and determine the matter by composition according to
if any such right had anciently belonged to them not only they themselves but the temporall Baronage under H. 6. protesteth by the mouth of Viscount Beaumont for their triall by Peeres when William de la Poole put himselfe upon the King and not on his Peeres in such sort as those Bishops put themselves on the Pope and not upon any legall Triall But one particular case is here to be added touching this right singled by it selfe that is Triall by Peeres upon the third offence against the Statute of Service and Sacraments under Queen Elizabeth for the known triall by Peeres is in cases of treasons or misprisions or one of them And triall by Peeres saved to the Baronage in the Statute of new treason of felony hath reference only to the known use of such triall so that in those new treasons or felonies such as for other offences which were before treason or felony were to be tried by their Peeres are likewise and none else to be tried by their Peeres for new treasons or felonies and therein the Spirituall Lords are equally excluded But this of the third offence against that Statute is neither treason felony nor misprision but a Trespasse punished only by forfeiture of goods and perpetuall imprisonment In which Case this act saith without reference to the use of triall by Peeres as it is usually expressed in other Statutes that all and singular Lords of the Parliament for the third offence shall be tried by their Peeres CHAP. III. Scandala Magnatum IF any person shall divulg false Tales of any of the Lords of Parliament by which dissention may bee betwixt the Commons and them the offender is to be imprisoned untill hee bring forth the Author but this also is communicated to the greaâ—er Officers of the Kingdom CHAP. IV. Proces against them in English Courts by Bill and Answer THe course of the Chancery is and of the late Starcham was that the Chancellor writes to the Lords of Parliament and sends out Subpoena's and usually his letters are prayed in the Bils that are exhibited against them But whether upon a Barons not appearing on a Subpoena an attachement may be awarded hath been a question neither do I find it cleerely resolved otherwise than that in later times the practise is that it may but in the time of Queen Elizabeth in a suit between Tavernor and the Lord Cromwell the defendant disobeying an Injunction in the Chancery it was questioned what course should bee taken against him and upon good and deliberate advice taken by the Court having the opinion of some of the Iudges herein an attachment was awarded to the Sheriffe of Norfolke and returned so and the Sheriffe had his costs for bringing him This attachment was awarded in Michaelmas Terme and in Hillary Terme he was returned so but afterwards there being a Parliament began in May and ended in June the Lord Chancellor complained of it and it was pretended that it was gotten in Court in the absence of the Lord Chancellor and advice was had with Councell and Iudges and it appeares not as the words of the Iournall booke are that by the Common Law or by any presidents of the said Court of Chancery it was warranted that the person of any Lord having place and voyce in parliament in the like case in the said Court of Chancery before this time had been attached and therfore they took it to be against the priviledges of the Lords of this Kingdom and he was discharged But for that of attachment upon Subpoenas and in the course of proceeding against noble men by such Writs or Bils as are used in the Exchequer Chancery or elsewhere it is not likely that any certain Course of ancient Common Law or proceeding in equity can be found to justifie it at all either against them or any other persons beyond the time of R. 2. under whom John Waltham Bishop of Salisbury and Chancellor of England brought in the Writs of Subpoena caeteris de causis in the Chancery and the Exchequer by example whereof other Courts have used them against which the Commons passed a Bill in Parliament under Henry the fift but the King would not give assent to it The like is found under Henry the sixt and Henry the fourth CHAP. V. Their number of Chaplaines qualified BY the Statute of Pluralities every Arch-bishop may have eight Chaplaines that may take dispensations for a plurality but for the plenty of Schollers of good ability in Arts and Learning it is like the Law in these points will be altered that they all have and none want convenient benefice Every Marquesse and Earle may have 5 Chaplaines Every Viscount may have 4 Chaplaines Every Bishop may have 6 Chaplaines Every Temporall Baron may have 3 Chaplaines Every Dutchesse being Widdowes two Every Marchionesse being Widdowes two Every Countesse being Widdowes two Every Baronesse being Widdowes two CHAP. VI Their retaining of Strangers A Baron of the Parliament may keepe six strangers borne out of the Kings obeysance at one time whereas another man may retaine not above foure CHAP. VII Clergy VNder Edw. the sixt a priviledge was given to the Nobility that in all cases where a common person as a Clerke convict shall and may have benefit of his Clergy and in all cases where priviledge of Clergy is restrained or taken away by that Statute except in willfull murder that is Burglary Robbery by or neere the high-way stealing of Horses and Sacriledge a Lord of the Parliament and Peere of the Realme should at the first offence only of common grace without prayer have benefit of the Clergy and stand as a Clerke convict to make purgation although hee cannot read But as Stamford notes in all other cases in which Clergy is taken away since that Act. A Baron of the Parliament is in the same case as any other common person is And by Acts made since it was taken away generally 1 For stealing of Horses 1. E. 6. cap. 33. 2 Robbing in dwelling houses c. in or neere the high way 5. E 6. c. 9. 3 Burning of Houses or Barnes pety treason 5 Phil Mar. c. 4. 4 Stealing of 5 s. in any dwelling house or any place adjoyning 39. Eliz. cap. 15. 5 Stealing of 12 d. or more without the knowledge of the person c. 8. Eliz. cap. 4. 6 Burglary and Rape 16. Eliz cap. 7. 7 Killing one that hath no weapon drawn 1 Jac. cap. 9. CHAP. VIII Their liberty of hunting in the Kings Forrests QVicunque Archiepiscopus Comes vel Baro veniens ad nos per mandatum nostruÌ„ transiret per forestam nostram liceat ei capere unam bestiam vel duas per visum Forestarii si presens fuerit sin autem faciat cornare ne videatur hoc furtim facere hoc liceat eis redeundo facere sicut praedict est and this hath been interpreted to the comming of a Lord by summons to the Parl. by