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A59089 John Selden, Of the judicature in parliaments a posthumous treatise, wherein the controveries and precedents belonging to that title are methodically handled. Selden, John, 1584-1654. 1681 (1681) Wing S2433; ESTC R10657 68,725 208

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the Particulars in form of a Charge they were sent to the Lord Chancellor and his answer required to each particular In the same manner in the same Parliament they accused John Bennet Judge of the Prerogative Court of Bribery and Corruption in his Office In the same manner they accused and impeached Lyonel Earl of Middlesex and Lord Treasurer of England of Bribery and Extortion and Impositions on French Wines and Grocery which being reported to the House a Committee was appointed to consider of the Commons complaint and also of a Committee who had reported to the House a great want of Powder in the Stores through the Lord Treasurer's negligence A Committee appointed to consider thereof did after many Examinations taken draw up out of the whole Complaint of the Commons a Charge against him as also out of the Report of the Committee for Munition touching the want of Powder and of a Complaint made to the House by Sir Thomas Dallison and of some Misdemeanors whereof they are informed in the great Wardrobe and Court of Wards Which Charge the House sent unto the Treasurer and required his Answer 21 Jac. In eodem Parl. 21 Jac. The Commons at a Conference accused and impeached by word of Mouth the Bishop of Norwich of some Misdemeanors which being reported to the House the said Bishop made a present Answer thereunto as it was In the Parliament 1 Car. 1. Febr. 6. The Commons at a Conference accused and impeached George Duke of Buckingham of many Misdemeanors and delivered their Declaration in Writing that the said Duke might be put to his Answer § 2. The second manner of Accusation is Ex parte Domini Regis which is threefold The two first are immediately from the King and the third from the Commandment of the Lords by a formal Information exhibited in Parliament by the King's Attorney or Council learned as was that of E. 3. against Roger Mortimer Earl of March and divers others and 4 R. 2. against Sir Ralph Ferrers K t and 1 Car. 1. against the Earl of Bristol By the King's Commandment either upon the Petition of the Delinquent and upon the return and view of any the Proceedings taken elsewhere as against the Earl of Northumberland and Lord Bardolph upon former Proceedings against them in the Court of Chancery And 2 H. 6. upon request of the Commons against Sir John Mortimer Knight indicted in London In these Cases no Articles are exhibited Ex parte Domini Regis as in the former By Articles exhibited Ex parte Domini Regis Ex parte Dominorum against such as the Complaint is made upon in general by the Commons prout 1 R. 2. against Gomeniz Weston and Alice Peirce 7 R. 2. against the Bishop of Norwich and divers others Which Articles though drawn and exhibited Per mandatum Dominorum yet were the Parties charged therewith Ex parte Domini Regis Of Accusation by Information Ex parte Domini Regis In Rot. claus 4 E. 3. There is a Proclamation of the death of Edmond Earl of Kent where it is said certain Letters of his containing Treason were shewed to the King wherefore he was Arrested and freely acknowledged the same before the Earls Barons and other Grandees and Nobles of the Realm in the Parliament at Winchester 4 E. 3. Here appears plainly that Articles of Treason are exhibited in Parliament against the Earl of Kent In the next Parliament in the same year Edmond Son and Heir of the said Edmond exhibited his Petition praying the King that the Record and Process whereupon the said Earl was put to death might be brought before him in Parliament and if Errors be found that Right be done Numb 11. The which being read before the King Prelates Earls Barons and other Grandees in the said Parliament the King by his Royal Power and Dignity by assent in Parlialiament repealed the said Judgment Numb 12. Note That in this Repeal no Error was alledged nor any Exceptions taken for this that the Lords proceeded upon the Articles only which were objected against him the said Earl This is out of the Close Roll. The first Precedents recorded in our Parliament Rolls of Accusations in this kind are these of 4 E. 3. in the Parliament at Westminster which are added at large amongst divers others at the end of this Discourse the effect whereof doth follow viz. These are the Treasons Felonies and ill Deeds done to our Lord the King and to his People by Roger de Mortimer and others of his Covin reciting them all and concludeth thus Whereas our Lord the King doth charge you the Earls Barons and other Peers of this Realm that for as much as these things touch him principally and you and all the People of this Realm That you do unto the said Roger right and lawful Judgment as is fit for such an one to have who is very guilty of all the crimes above written for that he believed the said things are notorious and known for truth unto you and to all the People of the Realm Numb 1. The followeth the Judgment against him Item In the said manner our Lord the King charged the said Earls Barons and Peeres to give right and lawful Judgment on Simon de Bereford Knight who was ayding and counselling unto the said Roger de Mortimer in all treasons and ill deeds for which the said Roger was so awarded and done to death as the thing that is known and notorious to the said Peers as the King believeth Then followeth the Judgment against him also Then followeth the Judgment against John Matrevers Thomas de Gurney and William de Ogle Numb 5. But no particular accusations are recorded against any of them unless they were comprised in those general words of that against Mortimer viz. And other of his Coyn. For some of the same Crimes are mentioned in the Judgments yet no doubt but the Kings Attourny did exhibit Articles against every of them upon which the Lords proceeded to Judgment Here I do ingenuously confess my own Error when I said that this Judgment against Roger de Mortimer was afterwards reversed for that he was put to death without any Accusation which I conceived to be so upon first view of the Repeal thereof Anno 21. E. 3. Numb 10. Where the Petitioners Roger de Mortimer the Grandchild assigneth for that the said Earl was put to death and he disinhereted Sans Accusament Et sans estre masone in Judgment ou en Respons By which words sans accusament I gave you to understand that the Articles were no accusation whereas now upon better Consideration I do find that these words do intend no accusation by witnesses or otherwise to prove the said Articles objected against him For these Articles are a legal accusation in Parliment and frequently used as appears by many Precedents of the like nature But there was no other proof offered by the Lords to prove the same then that the King believeth them
the Tower for three Weeks May it please you c. Here I observe that the Accusation of a private person ought to be legal and certain as that was This Accusation consists of two parts The unjust taking of 17 Nobles c. from the Merchant of Pruse and the Imprisonment of the Petitioner by false suggestion to the King Upon hearing of the Matter the Lords Ordered That as for the Complaint tovching the 17 Nobles it should be sent to the Kings-Bench to be tried there but the Lords themselves determined the Imprisonment upon the false suggestion to the King and awarded Ellis to prison to pay Fine and Ransom to the King and Dammages to the Accusers The Lords received the latter part of this Complaint for two Causes The one for the false Suggestion to the King limited by the Statute of 31 E. 3. to be punished by the Chancellor L. Treasurer and the Councel if he be untrue all which were present in the Parliament The other For a Scruple which might arise out of the Words of the Statute which provides for false Suggestions only to the King himself Whereas Ellis his false Suggestion was by a Letter written to one of the Kings Servants which being shewed to the King his Majesty caused the Petitioner to be imprisoned And this the Lords expounded to be in Ellis a Suggestion unto the King himself And had this Point been truly triable at the Common Law the Lords had referred it thither This is but my own Conceipt Anno 5 R. 2. Numb 4. Richard Clevedon Esquire by his Bill exhibited to the King in Parliament accuseth Sir William Cogan Knight Anno 5 R. 2. Numb 45. The Mayor Bayliffs and Commonalty of Cambridge were accused c. The next of this kind is a very slanderous Accusation of the Chancellor which I will briefly declare and the whole proceedings therein for that it differs in some points from the rest The Parliament of 7 R. 2. at Salisbury began the Friday after the Feast of St. Mark the Evangelist April 29. On the 24th-of May next John Cavendish Fishmonger complained in this Parliament First Before the Commons of England in that Assembly in presence of some Prelates and Temporal Lords and afterwards before all the Prelates and Temporal Lords in full Parliament In the beginning of this Complaint he desired the Lords for God's sake to grant sure and speedy protection for the safety of his Life and that he might have sufficient Surety of the Peace against those of whom he would complain and especially he demanded Surety of Monsieur Michael de la Poole Chancellor of England and accordingly the Chancellor did at the Commandment of the King find Sureties viz. Two Earls c. Then the Fishmonger rehearsed how that all the last Parliament which was held at Westminster at Allhallontide in the same year he did sue by his Bill to have restitution of certain Merchandizes of great value from Geo. Mansfield and three others which was lost upon the Seas by them at such time as they had undertaken the Safeguard of the Seas and of the Merchandizes passing and coming in the mean time against all Enemies except Royal Power The which was endorsed saith he and committed to the Chancery to discuss and determine the Matters therein comprized according to Law and Reason Whereupon he dealt with one John Otrey a Clerk and Houshold-Servant to the said Chancellor for his Master's Favour and Furtherance in the Business The Clerk after he had viewed a Copy of the Bill and considered of the Business promised that for Forty Pounds to his Lord's use and Four Pounds to his own use he should have speed That he gave his Bond for 44 l. to be paid at a Day to come and afterwards delivcred unto the said Otrey certain Herrings and Sturgeon to the value of 9 or 10 Marks to the use of the said Chancellor in part and three yards of Scarlet which cost him 32 s. unto Otrey for his own use in part of the said 4 l. Notwithstanding all which he found no Favour from the Chancellor in his Suit but was delaied and still is and cannot have Justice therefore That the said Otrey told him that he could have had more Money of his Adversaries to have been against him which made him suspect the worst But said he whether the Chancellor shall be reputed privy to this God knoweth judge you My Lords for the Chancellor hath paid him for his Herrings and other Fish and sent him his Bond cancelled but whether he did it out of Conscience or to avoid Slander and Reproach he knew not Judge you My Lords but he was not paid for his three yards of Scarlet Unto this the Chancellor made his Answer not presently but at another time for the Record saith He Answered first before the Prelates and Lords and afterwards before the Lords and Commons whereas the Commons were present when the Complaint was made it being in pleno Parliamento And in the Judges Award to whom this Matter was afterwards referred it is said to be coram Magnatibus Communitat ' in Parliamento So that the Answer was made some other way First He protested his Innocency touching the Delay of Justice and shewed how the Delay was through the Difficulty of the Cause and vouched the Justices and the Serjeants who had often heard the Pleadings Touching the Bribery he swore by the Sacrament he had no knowledge thereof until upon Accompt with his Officers he found those Fishes not paid for and then he presently caused them to be paid for and the Bond cancelled and sent him He denied that his Clerk moved him in that Business all which he offered to prove in such manner as the King and the Lords should ordain and demanded Justice against the Fishmonger for the Slander Unto which the Fishmonger presently answered and said He did not accuse the Chancellor himself but his Clerk only The Lords examined the Fishmonger and the Clerk about the Bond and his Adversaries on their Allegiance whether they had given any thing or promised to give And finding tde Chancellor free from Bribery the Lords acquitted him of his Accusation aforesaid then at the Chancellor's Request the Fishmonger was committed until he found Sureties to appear de die in diem before the Lords and before any Judges who should be assigned The Lords committed the Clerk also and afterwards the Parliament growing to an end the Complaint was referred wholly to the Judges to hear and determine the same as well for the King as for the Parties Auxi avant come les Peres de Parliamento might have done if the Plaint had been fully treated in their presence and in the Parliament The Proceedings before the Judges were in a Schedule annexed to the Parliament-Roll and were thus A Commission was granted in Parliament unto Tressilian Chief Justice of the King's Bench and Bellknap Chief Justice of the Common Pleas to hear and determine