expeditionem negotiorum Parliamenti praedicti cum omni diligentia procedâ—rent Iudgements upon Writs of error in PARLIAMENT IF erroneous Iudgements bee given in the Kings Bench or in the Exchequer Chamber upon the Statute of 27. Eliz. cap. 18. the party may have his Writ of â—râ—oâ— retureable in Parliament but not upon judgement given in the Common Pleas untill the same bee â—everâ—ed or affirmed in the Kings Bench as it was answered in Parliament under â—dward the third in the case of the Bishop of Norwich Vpon the Writ of Erâ—or the Lord chiefe Iustice of the Kings Bench is to bring in the Record and a â—raâ—script of it into the Parliament and theâ—e leaveth the Transcript â—ut carâ—â—eâ—h the Record bâ—ck and thereâ—pâ—n the Erâ—ouâ—s beiâ—g assigned or as some Examples are befoâ—e the Assignamus of the Errors order is to bee given that a Scire facias be awarded against the Defendant upon whose appeaâ—anc examination of the Errors by the Lords the Iudgement is either affirmed or reversed AFter the Record thus brought in Clericus Parlïamenti habet inde Custoaiam per duos tantum non per Communitatem assignabitur Senescallus qui cum Dominis spiritualibus ac temporalibus per conâ—ilium Justiciariorum procedat ad errâ—rem corrigendum In which words it is observed that the Lords have power to make a Delegation of their Iurisdiction to a person chosen out of themselves as a Steward to judge for them as also they did in their proceedings against Gomemz and Weston under Richard the second when they apâ—ointed the Lord Scroope for Steward of the Parliament to arraigâ—e the Offenders but this rests at their pleasâ—re whether they will judge themselves together or so appoint a Steward MEmorandum quod Christopherus Wray miles capital Iusticiarius de Banco Regis seâ—u adduxiâ— in â—ar in camera parl inter duos bre de errore billa de regina indors ac rotulat In quibus continebantur placita processus in quibus supponâ—batureâ—ror ib. reliquit transcript totius recordi ciâ— Cler. Parl. super hoc venit Richardus Herbert Ioh. Awbrâ—y Willielmus filiam â—imon Browâ—e in propriis personis suis in Parliamento statim dixerunt quod in recordo processu praedict. in redditione Iudicâ—i praedict. manifestè est erratum in hoc quoâ— postquam Iudicium praedict. in loquela praedict versus praefat. Thom. Gomiel redit fuit antequam praedict. Iohannes Hunt prosecutus fuit impetravit praedict. primum breve descire facias versus praefat. Thom. Ric. Herbert caeteros praedicto manucaptores praedict. Thom. Gomiel nullum breve de capias ad satisfaciendum pro debito damnis praedict. per praefat. Iohannem Hunt in Parliamento praedict. prosequendo Et reternat fuit versus praefat. Thom Gomiel ubi per consuetudinem Curiae dictae Dominae Reginae coram ipsa Regina à tempore contrarii memoria hominum non existit in eadem usitat approbat brev. de Cap. ad satisfaciendum versus eundem Thom. Gomiel pro debito damnis praedict. Parl. praedict. prosequi retornari debet antequam aliquid brev. de sci fac versus manucaptores prâ—dâ—ct in loquela illa impetrâ—nt seu prosequi debe et licet consueâ—udo forum captionum râ—cognitionum in curia praedict. usi fuerunt in forma praedict. viz. si contigerit eundem Thomam Gomiel in Parliamento praedict. convinci tunc iisdem manucaptores concesserunt quilibet eorum per se concessit tam praedict debitum quam omnia damna castag c. praefat. Ioh. Hunt in ea parte adjudicentur de Terris catallis eorum cuislibet fieri ad opus praedict. Iohannis Hunt levari si contigerit praedict. Thom. Gomiel debitum damnae illa praefat. Iohannis Hunt minime solvere aut se prisonae Marescall Dominae Reginae coram ipsa Regina ea occasione non reddere c. Et petiere iidem Rich. Herbert alii praedict. quod Iudicium praedict. processus super bre de scire fac prosecut in curia Dominae Reginae coram ipsa Regina revocetur adnulletur peniâ—us pro nullo habeatur Et super hoc Domini per consensum Iustitiariorum post longam maturam deliberationem cum consensu adjudicaverunt quod judicium praedict. processus super bre de scire fac prosecut in Curia dict. domin Reginae coram ipsa Domina Regina revocetur adnulletur penitus pro nullo habeatur CHAP. V. Bills passed and Judgements given without assent of the Lords Spirituall VNder Edward the third a Petition of the Commons was thus ITem wee are not willing to suffer that payment be made to Cardinalls for their juornying into France for to treat out of the Realme of England THe answer is as to the dispences of Cardinalls it seemeth â—o all the Baronage and other sages of the Kings Councell that the Commons demanded reason and for that they are agreed that it shall be so The like is there in the two Petitions of the Commons against the Clergy carrying money to Rome and Cardinall having benifices here divers Ordinances against the Church of Rome are agreed by the K. the Lay Peers Commons but all the Prelates made Protestation of not assenting or doing what may be or turne in prejudice of their Estate or Dignity The power and direction for Iustices of the peace is ordained at the complaint of the Commons by the King by the assent of the Lords Temporall And so also divers times without mention of the Lords Spirituall who indeed under Edward the 3 protested that they had not to do with matters of keeping the peace THe Commons exhibite a Petition against Procurations from Rome benefices obtained by Letters thence c. It is ordained established by the K. by the advise and assâ—nt of the Lords Temporall that no Benefice is to be had here but by guilt from the Kings Subjects c. and if that any do contrary to this Act he should incurre the danger of a praemunire given by the Statute of 27 E. 3. A Petition in these words Item that the Appeales persâ—ites accusations Iudgements had and rendered c. should be good notwithstanding the Lords Spirituall and the procuratoâ—s of the Lords Spirituall absenteâ— themselvs out of Parliament in time of the said Iudgements rendered for salvation of their eâ—tate As it is contained in a Protestation by which the Lorâ—s Spirituall and Procurators were in this present Parliament c. The King granteth it And the Protestation of the Clergy is entered as followeth For as much as certaine matters were moved in this present Parliament touching openly the crime of the Arch-Bishop of Canterbury and the other Prelates of his Province who made Protestation in the forme and words which followes IN
Dei Nomine Amen Cum de Jure consuetudine regni Angl. ad Archiep. Canterbur qui pro tempore fuerit nec non caeteros suos suffragandes Confratres Coeptis Abbates Priores aliosque Prelatos quoscunque per Baroniam de domino Rege tenentes pertinet in Parlimentum Regis quibuscunque ut pares regni praedicti personaliter interesse ibidemque de regni negotiis aliis ibi tractare consuetis cum caeteris dicti regni paribus aliis consulere ordinare statuere definire ac caetera facere quae Parliamenti Tempore ibid. incendet faciend in quibus omnibus singulis nos Willielmus Cant. Archiepiscopus totius Angl. Primas Angl. Sedis Legatus pro nobis nostrisque Suffraganeis Coep confratribus nec non Abbatibus Prioribus Prelatis omnibus supradictis potestat eorum quilibet potestatur qui per se vel procuratorem si fuerit modo presens publicè expresse quod intendimus intendi volumus ac vult eorum quilibet in hoc presenti Parliamento aliis ut pares regni praedicti more solito interesse considerare tractare ordinare statuere definire ac caetera exercere cum caeteris jus interessendi habentibus eisdem statu ordine Juris eorum cuilibet in omnibus semper salvum verum quia in praesenti Parliamento agitur de nonnullis materiis in quibus non licet nobis alicui eorum juxta sacrorum Canonum instituta quomodo libet personaliter interesse eo propter pro nobis eorum quolibet protestamus eorum quilibet hic presens etiam protestatur quod non intendimus nec volumus sicuti de Jure non possumus nec debemus intendi nec vult aliquis eorundem in praesenti Parliamento dum de hujusmodi materiis agitur vel agetur quomodo libet interesse sed nos eorum quemlibet in ea parte penitus absentare in re paritatis nostrae cujuslibet eorum interessend in dicto Parliamento quoad omnia singula ibidem exercenda juris eorum quilibet Statu ordine in omnibus semper salvo Ad hoc insuper protestamur eorum quilibet protestatur quod propter hujusmodi absentiam non intendimus nec volumus nec eorum aliquis intendit nec vult quod habet processus habend in praesenti Parliamento super materiis antedictis In quibus nec possumus nec debemus permittitur interesse quantum ad nos quemlâ—bet eorum attinet futuris temporibus quomodo libet impugnentur infirmentur seu etiam revocentur Which Protestation read in full Parliament by the commandement of the King and Assent of the Lords Temporall and Commons In like manner make Protestation the Bishop of Duresme and Carlisle mutatis mutandis This was upon the occâ—sion of the appeale of Treason in the same Parliament commenced by Thomas Duke of Glâ—ucester and others against Alexander Arch-Bishop of Yorke Robert de Vere Duke of Ireland and others But although they thus absented themselves they made no proxy at this time to assent in their room as afterwards they agreed to do in cases of Iudgement of death But the first use of such proxies is in the 21 oâ—Rich the 2. neither at all are such proxies or assent of the Bishops For under H. 5. the Earle of Salisbury by Petition in the nature of a Writ of Error shewed that the Attaiâ—der of John the late Earle father to the Pâ—titioner in the second of H. the 4 might now be reversed and amongst the errors assigned one was that he had been adjudged sans assent in Parliament but it was in Parliament now adjudged that it was no error The Arch-bishops of Cant. and Yorke for themselvs their Clergy make Protestation not to consent to any Statute made in this Parliament Quatenus ea in restrictione potestatis Apostolicae aut in eversione Ecclesiae dignitatis tendere dignoscuntur which at their request was inrolled in Parliament yet an Act passed at that Time and is publique against the Popes giving of Benefices by way of provision in England In the beginning of Queene Elizabeths raigne when divers Acts passed touching matters of the Church as Service and Sacraments and Church-possessions c. the Bils passed Dissentientibus All the Bishops as it is especially entered in the Iournals with particular enumeration of all their names Whereunto may be added that assertion of the Iudges in that deliberation had under Henry the eight touching the power Royall in the Church as the words were reported That our Lord the King may well enough hold the Parliament by himselfe and all his temporall Lords without the spirituall Lords c CHAP. VI Their appointing Judges out of themselves for examination of Judgements and delayes of other Courts THis is given them by a Statute of Edward the third in these words Likewise for that many mischiefes are come c. That divers places as well in the Chancery as the Kings Bench Common pleas the Exchequer the Iustices assigned and other Iustices to heare and determine the Iudgements wherein have been delayes sometimes by difficulty somtimes by divers opinions of the Iudges and sometimes by other occasions it is assented established and agreed that of the Commons before said in every Parliament there be one Prelate two Earles and two Barons that shall have Commission and power of the King Which priviledge is now taken away from the Prelacy by Act of Parliament Anno 17. Car. to heare by Petition to them delivered the plaints of all those which complaine of such delayes or grievances done to them and that they have power to cause to come before them at Westminster or in any other places where the parliament shall be holden and the Courts of records and processes of such Iudgements as are delayed and shall cause to come before them the same Iustices who shall be there present to heare the cause and their reason also heard by good advice of them the Chancellor three Iustices of one Bench and of the other and others of the Kings Councell And in the same Parliament accordingly the Arch-Bishop of Canterbury the Earles of Arundell and Huntington and the Lord Woake and the Lord Basset were assigned to the same purpose and although the Iustices Chancellor Treasurer Privy Seale and others had before taken Oath c. Yet it was ordained that those of the Baronage assigned shall give them a new Oath and increase and diminish the Ministers of Iustice as they shall see Cause CHAP. VII Their Tenants of ancient tenancies being discharged of paying the charges of Knights of the shire THe Commons exhibite a Petition that whereas the Tennants of the Lords that did hold by Barony and summons to the Parliament might not be discharged of paying towards the expences of Knights c.
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.