and â—riors who gave their letters usually to Parsons Prebendaries Canonists and such like In that Parliament of Carlile under Edward the first the Bishop of Exeter sent to the Parliament Henry de Pynkney parson of Houghton as his Proxie The Bishop of Bath and Wells sent William of Charleton a Canon of his Church and in like for t other of the spiritualty of that time In the beginning of the 17th yeare of Richard the second the Bishop of Norwich made Richard Corqueanx being then Deane of the Arches Thomas Hederset Archdeacon of Sudbury and Iohn Thorpe parson of Epingham his Proxies by the name of Procuratores sive nuntij And in the same time the Bishop of Durhams proxies were Iohn of Burton Canon of Bewdley and Master of the Rolls and Iohn of Wendlingborough Canon of London and other like are of the same time By which also that of the Preamble of the Statute of Praemunire is understood where it is said that the advice of the Lords spirituall being present and of the procuratores of them that were absent was demanded The like under Henry the fourth and Henry the fift are found in the Rolls And under Henry the fift the Arch-Bishop of Yorke gives the proxie to the Bishop of Durham and to two other Clerkes of his Province And it is observable that in the making of proxies by the whole number of Bishops in case of Attainders upon Appeale their course was sometime to make a Gentleman beneath the degree of a Baron their Proxie as under Richard the second first they made their proxie for assenting in the Parliament but afterwards the Earle of Wiltshire had that place in the same Parliament But this of making others then Barons of Parliament proxies is carefully found in the cases of the Lords spirituall One speciall case of it is under Henry the fift in that of Thomas de la Ware who being a Clergie man had his Barony descended unto him and is stiled in the summons alwayes Magister Thomas de la Ware and not Dominus hee gave his Letters to John Franke and Richard Hulme Clerkes but the proxie Rolls for the Temporall Lords are for the most part lost The following Times especially ever since the first memorie extant of the Iournalls of the upper House which began the first of Henry the eight have kept a constant course of making parliamentory Barons onely proxies And it appeareth in those Iournalls that one two or three are joyned conjunctim divisim and most commonly Temporall Lords have given their proxies to temporall and spirituall men yet not without a Temporall Lords giving his letters of proxie to a Spirituall and Temporall Lord together And under Queen Mary Francis Earle of Shrewsbury made Anthony Viscount Mountague and Thomas Bishop of Ely his proxies And in the beginning of Queene Mary Stephen Gardiner Bishop of Winchester was joyned in letters of proxie sometimes with a Temporall Lord But the Lords spirituall have so much mistataken of late the Lawes of this Kingdome the Kings prerogative given by the Law and what and whence was the Originall of the Honours they themselves had obtained and have beene ready to inlarge the Dominions of Antichrist and to induce an arbitrary government by their writings and other apparent practises in so much as now they have lost both Priviledge and Vote in Parliament CHAP. II. Priviledges in Suites as well for their followes as for themselves during the Parliament IN a Bill exhibited under Henry the fourth is shewed that the Lords Knights c. and their men and servants c. should not be arrested or otherwise imprisoned by the custome of the Realme and it is prayed that if any be the parties offending may make fine and ransome and give dammages c. Hereunto the Answer is there is sufficient remedy in the case In the beginning of Queene Elizabeths reign Iohn Broxham being Plaintiffe in an Assise in the County of Lincolne against the Lord Willoughby it was ordained that an Injunction should goe out of the Chancery Subpaena 500. l. That the Plaintiffe should not proceed to Tryall To this head may bee referred that case of the Lord Cromwell cited in the Title of processe against them in English Courts in the Iournalls of Queen Elizabeth King James and our present Soveraigne the Testimonies of these priviledges for the servants of every Baron of Parliament are most frequent Hereunto may be added that of the first citation out of an Ecclesiasticall Court against the Earle of Cornewall which was served upon him in Westminster Hall as he was going to the Parliament at the Suite of Bago dâ— Clare and the Prior of Saint Trinity in London for the Earle sued them for the contempt and recovered 1000. Markes dammages And in the same Parliament the Master of the Temple petitioneth that he might distraine for rent in a house in London which it seemes the Bishop of Saint Davids held of him In qua non potest distringere in tempore Parliamenti But answer is non videtur honestum quod Rex concedat quod ille de consilio suo distringatur per Ostia fenestras prout Moris est CHAP. III. No Peere of the upper House to be called to answer in the lower House only THomas Philips complained of the Bishop of London upon divers Articles in the lower House and at first by Order of the House whence it was referred by reason of the slight nature of the offence c. whereupon the Bishop remembring the upper House of their Priviledges Ejus verbis auditis prâ—ceres omnes unâ voce dicebant quòd non consentantum fuit aliquem procerum praedictorum alicui in eo loco responsurum So where the Bishop of Bristoll had written the Booke of Vnion which was conceived to be derogatory to the honour of both Houses yet hee was complained of onely in the upper House and that so he might bee and not before the lower House alone it was acknowledged in the message delivered from the lower House touching him The like is the priviledge of the Bishops complained of in this present Parliament 1641. CHAP. IV. The Iurisdiction of the Lords of Parliament in matters of offences aswell capitall as not capitall and in errors out of the Kings bench THe power of Iudicature belonging to the Lords of Parliament is chiefly seene in their Iurisdiction upon Writs of error and their Iudgements of Offences as well capitall as not capitall which they give to any publicke mischiefe in State Of these Iudgements of such Offences many examples are of former times in the Records of Parliament and out of them are here selected some such as most of all conduce to the opening of the course of Accusation the forme of the Defendants answering the usuall wayes of Triall and other Incidents in their various kindes of Iudgements which are found arbitrary in cases not capitall so that they extend not to the life
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
full Parliament to the said Iohn that he the said Geffery was at that time in the said Town and Company with the said Iohn and that the Town and Castle of Ardee were not at any time delivered by his assent but that he was ready to stay come upon the safe guard thereof and this the said Geffery affirmed And moreover it was demanded of the said Iohn if hee had any other thing to say and hee answered no whereupon the Constable was charged with the safe keeping of the said Iohn and William untill the morning of the next day and then to bring them againe safely before the said Lords in the said Parliameâ—t at the place and day afoâ—esaid At which day that is to say the eight and twentieth day of November in the yeare aforesaid wâ—re the said Iohn and William brought againe in full Parliament and there it was shewed severally by the sâ—id Steward at the same day by Commandement of the Lords aforesaid how upon the Answers which the said Iohn and William have given in the said Parliament as before mentioned to the Lords of the said Parliament viz. the King of Castile and of Leon and the Duke of Lancaster Edmond Earle of March Richard Earle of Arundell Thomas Earle of Warwick Hugh Earle of Stafford William Earle of Suffolke William Earle of Salislbury Henry Earle of Northumberland Iohn Lord Nevill Roger Lord Clifford and many other Lords Barons and Baronets being assembled in the said Parliament to advise at the time when the said Answers were given in Parliament the Friday Even at the howeâ— of three a clock of the matters touching the answers aforesaid and viewing and examining diligently the said Answers and other Articles concerning that businesse And upon good and mature deliberation and Information given of the most valiant and discreet Knights and òthers being in the said Parliament it was said in manner as followeth to the said William by the Steward reciting the things aforesaid touching the said William It seemed to the Lords aforesaid that you William without â—uresse or default of victualls have wickedly delivered and surrendered to the Enemies of our Lord the King for your owne lucre contrary to all plea of right or reason and against your liegeance and undertaking according to an Information in such case which meâ—tioneth whereas the late Baron of Graystock who was a Lord and one of the Peeres of the Realme had taken upon him safely to keepe to the aforesaid King the Towne of Barwick presently after the said King prepared himselfe to travell to the Kingdome of Francè the said Baron without the Kings Commandement left the said Towne of Barwick and a valiant Esquire Robert Ogle as Lievtenant of the said Baron who safely should keepe the said Town of Barwicke to the King And the said Baron went aâ— a horseman to the parts of France to the said King and there stayed in his company surmizing that an assault of warre was made at the said Towne of Barwick by the Scots And the said Robert as Lievtenant of the said Baron defended forcibly there and at last by their assaults the said Towne was taken and the sâ—id Robert and two of the sonnes of the said Robert were slaine he being in the company of the King in the parts of France And it was said that it was adjudged by the advise of the said King in the parts of France the said Dukes Nobles and Earles tâ—gâ—ther with Henry Duke of Lancaster the Earles of Northumberland and Stafford and Sir VValter Maney that the sâ—id Towne was lost in default of the said Baron And for that cause hee had Iudgement of life and member and that he ought to forfeit all that hee had and Iudgement was rendered in these words by the commandement of the King which things also considered for that you William have surrendered the Castle of Barwick to the Enemies of our Lord the King aforesaid without duresse or default of victuall against your alleageance and undertaking aforesaid the Lords aforenamed sitting in full Parliament adjudge you to death and that you be drawne and hanged but for that that our Lord the King is not yet informed of the manner of this Iudgement the execution thereof shall be put in writing untill the King bee informed wherefore it is commanded to the said Constable safely to keepe the said William untill he hath other commandement from our Lord the King And as touching the said Iohn Lord of Gomeniz touching the Answers aforesaid It was shewed there by the said Steward how the said Lords were assembled and advised of the said Answers as before said Moreover it was shewed how that at the time that Sir Ralph Ferrars Knight had the keeping of the Towne and Castle of Ardee the said Towne was not so strong by the one halfe as it was at the time when the said Iohn surrendered the same and the said Ralph did put himselfe in perill for the safeguard thereof and forthwith the said Ralph did hold and forcibly defend the same against a very great and forcible assault and other evidences concerning the said Iohn in this behalfe were delivered as followeth to the said John being in Parliament by the said Steward reciting all the matters aforesaid touching the forementioned Iudgement of the said Baron and the cause thereof in manner as before it seemeth to the Lords before named sitting in full Parliament considering your answers in this behalfe and your examinations and Informations therein that lately amongst the number of Gentlemen by whom you have strongly undertaken safely to keepe the said Towne and Castle with twentiâ— men of Armes and twenty Archers you were sent to the said Towne and Castle of Ardee in the Afforcement thereof according to your requâ—st thereof made to certain Lords being sent in message to Callis under our late King Edward and at such time also as you were advised by the King of Castile that if you could not welâ— keepe it you ought in no sort to take upon you to keepe the same and there were that would have undertaken the safe keeping thereof to the said King Edward and his heires and you have undertaken safely to guard the same with no surrender to any but in manner as aforesaid and now have you Iohn without duresse or default of victualls or of Artillery or of other things necessary for the defence of the said Townes and Castles of Ardee without Commandement of our Lord the King wickedly delivered and surrendered it to the Enemies of our Lord the King by your owne default against all plea of right or reason and against your undertaking aforesaid The Lords aforesaid in full Parliament adjudge you to death and for that you were a Gentlemen Banneret and have served the late King Edward in his warres and have not proved a leige man to our Lord the King you shall be beheaded without having other iustice And for that also our Lord the King is not yet
Whereunto the said Lord Latimer then present in Parliament said That saving to him what ought to be saved to him as to one of the Peers of the Realme as well in giving of Judgement as otherwayes in time to come if please our Lord the King and the Lords assembled he might be put to answer to him which in especiall would accuse him of any of the matters aforesaid and afterwards for that no especiall person would openly accuse the said Lord of the same things in Parliament whereof the Commons would maintain the said Accusations against the said Lord Latimer in accusation of his person and Declaration of his fame he said that true it was that hee was Captain of Becherell and that such a Peace was made in Brittaine under the King and that an inquiry was made and put in writing â—ealed with many Seales of the Lords of Brittaine and sent to our Lord the King in England which enquest is there called Ragman but he saith that this Enquest was made by the Brittons and French which would not have our Lord the King nor any Englishman for their Governor and falsly to have destroyed the said Lord and he saith now as other times he hath said to our Lord the King when he was in like manner impeached thereof before the King himselfe that all the profits which he at any time received by himselfe or otherwise in Brittaine passed not in all things the summe of 10000 l. accounted in the same summe of 10000 l. all the profits which he received for the ransome of Viscount of Roane and of other prisoners which he tooke at the Battaile of Crey and this he is ready to prove by all reasonable wayes that one of his estate and degree ought to do and he saith that it seemeth by the Law of Nations that the said Ragman is not to be allowed and that it was done by the enemies of the King and Realme as aforesaid and likewise made out of the Realme and that therefore all men ought not to hold him of the lesse credit or Reputation And soon after the Commons having this answer of Submission prayed the Lords of Parliament in behalfe of the King that the 10000 l. execution be had forthwith against the said Lord Latimer as of a thing past by the said Submission thereof as he had knowledged at another time when he was impeached thereof and that the said Submission be made by him as it ought to be nor that any remonstrance or agreement be made to the King nor pardon nor other thing gotten by which he may be discharged And the Lords answered that the said Answer should be reported to our Lord the King and thereupon right shall be done for the King and as to the said Bill preferred afore in Parliment concerning such men as he made his Deputies or Lievtenants at Becherel and Plimoyson the said Lord Latimer faith that hee is altogether innocent and without blame even at the time that the said Ragman was so made and sent to our Lord the King And the Lords answered thereunto that they would take advice of the Kings Councell and thereupon right should be done on every part As to the loanes made to the use of our Lord the King without necessary cause he answereth and saith that he knew of none without cause very necessary and greatly behoovefull And to that that the intent is submitted to be false covin or other disloyalty for profit or to have part he saith that he is altogether innocent and not guilty and that he never delivered nor tooke any money or other thing of the King nor of any other to make the said pretended Loane and that he was ready to prove by all wayes that a man ought to do And as to the Patents and Writs made and granted for the passing of woolls skins leather c. otherwhere than to the Staple of Callis he saith That those licences were commenced before his time with the King as well at Genoa and Venice as other where and further saith that if nothing thereof had been done till his time the same haâ— not been done nor was persued by his counsell only but by him with others and that theâ—e accrewed thereby by vertue of the Kings Grant great profit to the King Whereof he was answered in his chamber And as to the new Impositions the same were never put upon the woolls skins and leather by him of late nor upon the Countrey in any part but only the subsidies thereof granted in Parliament and that at the instance and prayer of those who demanded such licences which payed voluntary and without any compulsion 11 s. the sack that is to say 10 s. to the use of the King and the 12 d. to the use of the Clerks writing and persuing the sâ—id Licences which moneys he hath not yet put in certain and further saith that he took nothiâ—g therof to his own profit by himselfe nor any other and that he is ready to prove by all reasonable ways and thereupon it was witnessed in Parliament by M. Richard Sâ—roope Chancellor late Treasurer of our L. the King that Wil. Walworth of London in time when the said loane was made to the King of the said 20 thousand marks the said Wil. Walworth profered in behalfe of himselâ—e and his companions marchants of the said Staple of Callis to the Lord Latimer to make a loane to our Lord the King of 10000 l without repaying any thing for increase by usury or otherwise by covenant so that they might be repayed the said 10 thousand pounds in their proper hands of the Subsidies due to the King of their wooll c. then next to be passed to Callis and that the King should covenant and grant that no such Licences shall be henceforth granted to carry woolls c. out of the Kingdom further then the Staple of Callis To which the said Lord Latimer answers and saith that he had no such proffer of them and the other affirming the contrary wondered that the said Wil. Walworth should make such a profer And as to the losse of the said Townes and Forts and the deliverance of some spies or felons so imprisoned the said Lord also saith that he is not guilty and that he will prove avow by all reasonable ways that he ought to do And therupon many other words and reasons shewen and pleas as well in fuâ—l Parliament as otherwise before the Prelates and Lords only as well for the part of our Lord the King as for the part of the said Lord Latimer and many examinations in print as well as otherwise aftâ—r full deliberation thereof had Iudgement was rendered in Parliament against the said L. Latimer in these words that follow For that the said Lord Latimer is found in full Parliament in default by his singular government and counseâ—l against the profit of the King and his Realm That is to say of divers loaâ—es procured unto the Kings
put in better Governance and disposition And the examination report therupon made to the King as well by mouth as in writing the said late Chancellor said in full Parliament that the said advertisement and Ordinance ought to be put in due execution and that it was not done in default of him that was the principall Officer ITem Whereas the charge was granted by the Commons in the last Parliament to be put into certain forme demanded by the Commons and assented by the King the Lords and no otherwise nor in any other manner then was ordayned many mischiefes are come to the Realme and it seemes true that â—hey came in default of the said late Chancellor ITem It was debated That whereas one Tidman of Lymberch who had to him his heires of the gift of our late King Edward 50 l. per annum of the Custome of Kingston upon Hull which the said Tidman forfeited to the King And also the payment of 50 l. a yeare was discontinued for 20 or 30 yeares the said late Chancelor knowing thereof purchased to him and his heires of the said Tidman the said 50 l. a yeare and the purchase was untill the K. ought to enjoy the profit ITem It was debated whereas the high Master of S. Anthony is a Schismatique and for that cause the King ought to have the profit which appertaineth to him in the Realme of England the said late Chancellor who ought to have advanced and procured the profit of the King tooke to farme the said profit of the K. for 20 marks a yeare and there tooke to his own use goods and 1000 marks and more And that the said Master of S. Anthony in England which now is ought to have possession of the said profit and he could not have it before he had two persons bound with him by recognizance in Chancery and other Instruments to pay 3000 l. yearly to the said late Chancellor and to John his son 100 l. a yeare for terme of their two lives ITem That in time of the said late Chancellor there were granted and made divers Charters and Patents of Murthers Treasons Felonies Rasure of Rols Sale of Woods and in especial after the beginning of this Parliament there was made and ensealed one Charter of certain Franchizes granted to the Castle of Dover in the disherison of the Crowne and the subversion of the duties of the places and Courts of the King and of his people ITem By the Ordinance that was made in the last Parliament for the Towne of Gaunt That ten thousand marks ought to be gathered and for default of such collection there ought to bee forfeited 3000 marks that by default and negligence therein of the said late Chancellor the said Town was lost and forthwith the said 10000 marks payed the said 3000 marks lost by defâ—ult as aforesaid Of all which Articles the said Commons demand Iudgment of Parliament whereunto the said E. made his answer in manner which followeth First the said Earle saith to the Lords of Parliament how that he was Chancellor of England and the same time did represent the person of the King in his absence and demanded if he ought to answer without the presence of the King for that he was impeached of things done in time that hee was Chancellor Secondly the said E. had ordained by the advice of his Councell that Master Richad Scroope his brother in Law should put in the words of his Answer of the said impeachments Whereunto the Lords replyed that it was honest for him to answer by his owne mouth and therupon he made protestation that he might adde or diminish in his Answer what might be honouâ—able and profitable to him by advise of his Councell Which thing was granted to him ANd as to the first Article of his impeachment That is to say after that hee was Chancellor that hee purchased certain land of the King c. the said â— doth answer c. After that he was Chancellor he at no time purchased any lands nor tenements of the King nor the King gave to him any untill the time that the King caused him to take the Estate of an Earle but by way of true Exchange videlicet That how the said Earle hath had foure hundred markes a yeare upon the Custome of Kingston upon Hull by descent of Inheritance for which it pleased the King to assigne to the said Earle the Lands or Tenements in value and that he assigned and gave part thereof to the profit of the King as well yearely as because of a summ of 1000 marks payed to the King by the said Earle for that cause And further saith that the King at his progresse into Scotland pleased to make Duks Bannerets and Knights to the honour of him and his Realme he pleaâ—ed without desire or seeking of the said Earle of his own proper motion to make him Earle and commanded him to take the Estate of the Earle of Suffolke in place of him that late died and after that he named the quantity of that which he had to maintain that estate and further saith that he will assigne the quantity of the lands which were belonging to the said Earle of Suffolk who last died ITem He saith That the said Tidman hath had 50 l. a yeare upon the antient Custom of King upon Hull to him and his heires inheritably for ever whereof King Edward uncle of the King that now is was not payed of a long time as appeares by the Accounts of Customers of Kingston upon Hull in the Exchequer of our Lord the King which Tidman for 1000 maâ—kes which he owed to the said Earle granted to him by his deed a long time since the 50 pounds aforesaid to have and to hold to the said Earle and his heires for ever And because the said Earle made restitution of the patent of the said Tidman to the King discharged of arrerages the K. pardoned the same purchase without that that the said Earle then committed or had yet committed any forfeiture or debt against the King concerning the said Tidman ITem As to the other Article in which there is mention of a Charter granted c. he saith that a warrant came to him for so doing and for that it was A Castle and to the profit of the King without evill intent of the said Earle he passed it not intendiâ—g then that it was against the Laws And if any man would have declared or informed the said E. that it had been prejudiciall to the King or his Laws he had not ensealed the same but would have repealed it and that yet thereof no dammage is come c. And as to the other Charters specified in the same Article he passed them by Warrant without ill intention or covin of his part in any point And further he prayeth that no new way bee put upon him otherwise then had beene used aforetimes upon any Lord or such Officers understanding that of the Chancellor
make a patent against reason or law That such patent shal be repealed and such Iudgement reversed Without inflicting other punishment upon such Officer oâ— Iudge And the Commons replying to the Answer of the said Earle concerning the first Article did shew to the Lords the copy of his Oath made when he was created Chancellor in manner as followeth YOu shall sweare that well and loyally you will serve our Lord the King and his people in the Office of Chancellor and shall do right to all sorts poore and rich according to the Laws and Usages of the Realm and lawfully shall Counsell the King and his Counsell shall keep And you shall not be privy nor suffer any dammage nor disherison to the K. nor that the rights of the Crown be taken away if you can any way hinder it and if you cannot hinder it you shall make the same cleerly and expresly known to the K. Together with your loyall Advice and Counsell and you shall cause and purchase the profit of the King by all that lieth in you to do reasonably so helpe you God and his holy Gospell ANd praying that the same might be read well understood and the circumstances of the said Answer considered viz. That he had not denied that he received of the Kings gift after that he was made Earle being in the Office of the said Chancellor divers Lands and Tenements which are certaiâ— and sure of the value of 400 marks a yeare which he hath had upon the Custom of Kingston upon Hull which are casuall may deceive the King to his dammage in that behalfe And how he said that he had received part of the â—â—id Lands and Tenements so taken â—n â—xchange before he was Chaâ—cellor The Commons say that he was then of the privy Councell and afterwards sworne in the creation of the Office of Chancellor by the aforesaid Oath and he in that Office agreeing to the exchanges takes and receives the remnant of the said Lands and Tenements in full performance of the exchanges as by his Answer in Parliament aforesaid ANd in Answer to the second Article the Commons replying say That insomuch as he acknowledgeth in his proper protestations That he represented the Estate of the King while he was Officer and so extends his power upon all others wherfore although default was in others he cannot therefore be excused and especially of that which the King had commanded him to speake in Parliament as he had said he was the more bound to put the said matter in execution and to confesse what he denied not the dammages are no lesse than they have surmised They pray the Iudgement of Parliament ANd as to the Answer of the fourth Article the Commons replying say That it shall be found of record in the Exchequer the aforesaid Tydman to be debtor to the King in great summs as they suppose and for that cause the said rent appertaines to the King notwithstandiâ—g he had otherwise forfeited and so the King was deceived and they pray that the records may be examined And further say That one Neele Hackney was killed by his wife and his servant and the said Tydman for which felony the said woman and servant were arraigned found guilty and suffered the Iudgement and execution of the Sentence of the Law and the said Tydman as followeth ANd to the Answer of the fift Article the Commons prayed again proposing the example of one William Thorpe late Chief Iustice of the Kings Bench surmising that he tooke 20 l. of one party who had an Office in plea before him and for that he sold the Law for which cause he was judged to death forfeiture of his Lands and Chattels and say insomuch as the said Earle was so Chancellor and tooke 100 l. c. of the said provision there commanded to be delivered out of the Kings hands of his profits which hee ought to have done according to the command of the K. freely without taking any thing it seemeth to them that hee hath sold the Lawe and prayen Iudgement ANd to the Answer of the sixt Article the Commons replying said That it appertained to him as wise as he is to be well advised and counselled that he assent not nor do such a thing which may tend to the disherison of the King and oppression of his people as he would avoyd the Indurance of the Iudgement of Parliament ANd thereupon the said Earle replying to the Replication of the Commons touching his oath said That to take the words of the said oath without other speciall Intendment no Chancellor heraftet will inseale any thing of the Kings grant to any persons of Lands and Tenements or other Goods without offence of his Oath But the said Earle saith That it is not comprised in the said Oath nor forbidden him to take to himselfe of the Kings gift nor to any other person And for that the Kings gifts to other persons in the said voyage nor of divers other things before be not impeached not holden against the Oath of the Chancellor it seemeth to him that no more he ought to be impeached for the gifts given to his personall estate seeing that in the said Oath it is not forbidden nor restrained to him more than to others more especially for that the said Estate and the Gifts given are confirmed by Parliament and further saith that he accepted of his Oath of Chancellor according to his conscience and power and for the causes before expressed he saith as he shall answer before God that he thinks nothing done in the matters aforesaid against his Oath or understanding of his conscience but that the Chancellour may inseale the Kings guifts to the Loâ—ds for to maintaine their Estate or for other reasonable cause by the Kings warrant and that hee hath done nothing against his Oath c. And saith that that which is comprised in the Oath that hee suffer no dammage not disherison of the King c. That is to bee understood of that which is intended of matters wherof the King hath not cognisance and that appeareth by the clause comprised in the Oath that hee shall make known to the King cleerely and expressâ—ly And after that the King is informed in such manner the Chancellor may doe the Kings Commandement without offence of his Oath and sâ—ith that concerning his Estate and what the King gave him it was expressely done by the Commandement knowledge and will of the King and so not against his Oath and that it may not bee intended that hee should bee impeached concerning this matter ITem as to that that the Commons say that the said Earle hath deceived the King because he hath taken of the King the manner of Faxfleet in value 50. pounds which Mannoâ— was worth 200. l. per annum c. The said Earle answereth that Master William Morris hath reported to him that hee hath taken of the King the two parts of the said Mannor with the rent
for moving the King and power of France and by such repute as then and yet is taken to bee wherefore all the said profit ought to appertain to the KING as of a Schismatick and alien which thing of reasoâ— ought to have beene made known by the said Eaâ—le before hee demanded of the KING the said profit and hee kâ—ew expressely that hee demanded it for â—is sonne as an Hospitall and alleadged not in his answer that the King when hee granted the profit was informed of the matters aforesaid and also in that that when hee was such an Officer as beforesaid hee sent to the Court of Rome to have the same profit for his Sonne of the Collation of the Pope as benefice of the holy Church and to have also the profit out of the KINGS hand by the Sea Apostolicall as the Record termeth it and hee denies not that hee received of the said profits foure hundred pounds per annum alleadging that hee rendered to the KING the sâ—me and that after the said Earle had made a bargainâ— to have the provision which hee claymed of the said profit in England of the Pope a hundred pound per annum of the said provision to him and his Sonne John for term of their two lives for to deliver the said profit to the said provision for payment of which 100. l. to him and his sonne he tooke surety of the provision by recognizance and Obligations of divers summes notwithstanding that the King had commanded by his Letters to deliver all the profit aforesaid out of his hands to the said provision there where it seems for any thing that yet was shewn that all the said profit ought to have rested in the Kings hand for the causes aforesaid at least untill it had beâ—ne discussed whether the said profit were the benefit of holy Church grantable by the Pope or appurtenant to the K. by reason of Schismasie and endemnity of the said Master and he alleadged not in his answer that the King was cleerely informed of the matters aforesaid wherefore it is awarded that the said foure hundred markes per annum in time that the said profit was so granted to him by the King untill the time that hee delivered the same profit to the said provision as also the said 100. l. a yeare received also of the sâ—id provision untill the same bee levied to the use of our Lord the King of his Lands and chaâ—tells and that all the profit which should of late appertaine to the said Earle by reason of the said recognizance or of other Obligations and Covenants also made in surety of payment And as also to the 1000. markeâ— which hee had alleadged that he payed to the King for the said Exchanges It is awarded that the said 1000. markes remaining in the hands of the King as part of payment of the fine and ransome thâ—t the said Earle shall likewise make to the King before hee be delivered from prison Ex rotulo Parliamenti Anno 5. H. 4. N. 11. ITem Friday the last day of February the Earle of Northumberland came before the King and the Lords and Commons of Parliament and there the Chancellor of England shewed how on Tuesday last past hee had beene before the King the Lords and Commons in the same Parliament and there beseeched the King as hee had done at other times at his comming before him in Yorke that it would please our said Lord the King to grant him pardon of those things wherein he hath offended against him not keeping his Lawes and Statutes as Ligeance demandeth as by a Petition by him preferred in Parliament written in English whereof the Tenor ensueth may appeare more at large To my most Dreadfull and Soveraigne liege LORD I Your humble liege beseech your Highnesse to have in remembrance my comming to your Highnesse to have in remembrance my comming to your Worshipfull presence unto Yorke of my free will by your goodly Letters where I put mee in your Grace as I that nought have kept your Lawes and Statutes as liegeance asketh and especially of gathering of power and giving of Liveries as that time I put mee in your Grace and yet doe And I sent it like to your Highnesse that all gracelesse should not goe Wherefore I beseech you that your High Grace be seene on mee at this time and of other things which you have examined mee of I have told you plainely and of all I put mee wholy in your Grace WHich Petition by Commandement of the King examined by the Iustices for to have their Counsell and advice in this behalfe by Protestation made by the said Lords that the Iudgement appertained to them onely and after reaâ—ing and understanding of the same Petion before the Lords as Peers of the Parliament to whom such Iudgements appertaine of right to heare and understand by the Statutes made in the 25th yeare of the King that now is by deliberation of King Edward cozen of our Lord the King that now is they adjudge that those things which the said Earle hath don contained in the said Petition are not treason nor Felony but onely Trespasse for which Trespasse hee ought to make fine and ransome according to the Kings pleasure wherefore the said Earle most humbly reverenceth our Lord the King and the said Lords the Peeres of Parliament concerning the right Iudgement and further the said Earle prayed our Lord the KING that in affirmance of those matters hee might bee purged from all suspitions and prayed to bee judged de Novo in the presence of the KING and of the LORDS and Commons in Parliament the said Earle tooke his Oath upon the Crosse of the Arch-bishop to bee faithfull and loyall liege man to our Lord the King and to his eldest sonne and to the Heires issuing of his body and to his brothers and their Issue successesively and inheritably at which time if the King would command him hee should bee ready to shew and declare that which hee knowes in that he halfe and set forth the truth thereof And that our Lord the King might not bee deceived the said Earle was present and charged in his liberty the said Earle upon his Oath which hee had made upon the said crosse setteth forth and declareth openly in Parliament that which hee knoweth in this matter upon which charge to him given the said E. saith That at the day of Tryall of his life hee knew not of the Dukes and Bishops and other Lords any thing that â—ounded in derogation of the honourable estate of the K. and of his royall Majesty but that they were and are to him good and lawfull Lieges and that for such our Lord the King may hold and repute them and may faithfully put his trust in them in perill of his life and by the Oath which heâ— had made as before said And moreover the said Earle of Northamberland humbly beseeched the Lords and Earles and Commoners that they will beseech our Lord the
King of his grace towards him concerning the fine and ransome and if at any time he doe any thing against our Lord the King other then liegeancy that they make no prayer nor request for him in whatsoever ensueth thereon but that they be altogether against him And also the same Friday it was adjudged by the King and the Lords in Parliament that leave of Battaile be made by the said Mr. Henry Mr. Thomas which are holden to be guilty of Treason and that as well for themselves as for others which shall bee in their company at the time of the said licence And those to whom the King had granted favour and pardon the King will that they stand firmely in their force and vertue Ex rotulo Parliamenti Anno 31. H. 6. N. 26. ITem the Friday the 15. of February it was opened and declared to the Lords Spirituall and Temporall being in the Parliament chamber by the Counsell of the Duke of Yorke that whereas Thomas Thorpe the monday the first day of August in the raigne of Henry the sixt 30. camâ— to the place of the Bishop of Durham and then and tâ—ere tooke and bore away certaine goods and â—attle of the same Dukes against his will and licence and thereupon the said Duke came and tooke an action by Bill in Mich Terme last past against the said Thomas in the Court of Exchequer according to the Priviledge for so much as the said Thomas was one of the Court to which Bill the said Thomas willingly appeared and had divers dayes to imparle at his request and desire and to the said Bill and action pleaded not guilty whereupon there was awarded in the said Exchequer a venire facias to the Sheriffe of Middlesex returnaeble in the said Exchequer and thereby the Iury that passed betweene the Duke and the said Thomas it was found that the said Thomas was guilty of the said trespasse contained in the said Bill and the same Iury assessed the dammages to the said Duke of the said trespasse to a 1000. l. and for his costs 10. l. And thereupon Iudgement was given in the said Exchequer and the said Thomas acâ—â—rding to the â—ourse of the Law was committed to the Fleete for the fine belonging to the King in that behalfe And thereupon it was prayed humbly on the behalfe of the said Duke that it should like their good Lordships considering that the said Trespasse was done and committed by the said Thomas since the beginning of the present Parliament And also the said Bill and action were taken and scanned and by processe of Law Iudgement given thereupon against the said Thomas in time of vacation of the said Parliament and not in Parliament-time and also that if the said Thomas should bee relieved by priviledge of Parliament ere the time that the said Duke bee satisfied of his said dammages and costs the said Duke should bee without remedy in that behalfe That the said Thomas according to the Law bee kept in ward according to the time that he have fully satisfied and contented the said Duke of his dammages and costs the said Lords Spirituall and Temporall not intending to impeach or hurt the liberties and priviledges of them that were come for the Commons of this Land in this prâ—sent Parliament but equally afâ—er the course of the Law to minister Iustice and to have knowledge what the Law will weigh in that behalfe opened and declared to the Iudges the premisses and asked of them whether the said Thomas ought to be delivered from prison by force and vertue of the priviledges of Parliament or no To the which Question the chiefe Iustice in the name of all the Iustices after some Communication and mature deliberation had among them answered and said that they ought not to answer to that question for it hath not beene used aforetime that the Iudges should in any wise determine the Priviledges of this High Court of Parliament for it is so high and mighty in his nature that it may make Law and that which is Law it may make no Law and the determination and knowledge of that priviledge belongs to the Lords of Parliament and not to the Iudges But as for the Declaration of proceedings in the lower Courts in such cases as Writs of Supersedias of priviledge of Parliament to bee brought and delivered to the said chiefe Iustice hee said there be many and divers Supersedeas of priviledge of Parliament brought into the Courts but there is no generall Supersedias brought to surcease all processe but if there should bee it should seeme that this high Court of Parliament that ministreth all Iustice should let the proces of the common Law and so it should put off the party complaynant without remedy for so much as actions of common law be not determined in this high Court of Parliament and if any person that is a member of this high Court of Parliament bee arrested in such cases as be not for felony or Treason or security of the peace or for condemnation had before a Parliament it is used that all such persons should be released of all such arrests and make an Attourney so that they may have their freedome and liberty freely to attend the Parliament After which answer and declaration it was throughly agreed assented and concluded by the Lords Spirituall and Temporall that the said Thomas according to the Law should remaine still in prison for the causes above said the priviledge of Parliament or that the said Thomas was Speaker of the said Parliament notwithstanding and that the Premisses should be opened and declared to them that were common for the Commons of this Land and they should bee charged and commanded in the Kings name that they with good hast and speed proceed to the Election of another Speaker The which Premisses for as much as they were matters in Law by the commandement of the Lords were opened and declared to the Commons by the mouth of Walter Moyle one of the Serjeants at Law in the presence of the Bishop of Elie in the Kings name that they should proceed to the Election of another Speaker with all godly hast and speed so that the matter for which the K. called this Parliament tooke good and effectuall conclusion and end ITem 16. die Febr. tunc prox sequenti praefati Communes quidam de sociis suis declaraveruÌ„t dominis spiritualibus teÌ„poralibus in presenti Parliamento quòd ipsi per mandatum ex parte domini Regis pridie sibi injunct cum omni diligentia exequentes eligerunt loco praefat. Thom. Thorp Thom. Carleton militem prolocutorem suum humillimè deprecando quatenus praefatus dominus Rex hujusmodi electionem vellet acceptare Quâ—bus per domiâ—um Cancellarium Angliae de mandato dicti Domini Regis advisamento consilii extitit respons quod quidem dominus Rex de electione praesenti Thom. Carleton se bene contentavit injungendo eis quatenus ad
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.
The Priviledges OF THE BARONAGE OF ENGLAND When they sit in Parliament Collected and of late revised by John Selden of the Inner Temple Esquire out of the Parliament Rolles and Journalls Patent and close Rolls the Crowne Rolls the proceedings of the English Courts at Westminster the Register of the Arch-bishop of Canterbury and the Delegates yeare-Bookes of the Common Law Statutes other good Authorities and in such sort that frequently the words of the chiefest Testimonies are transcribed least the freedome of the Readers Iudgement might be other wayes prevented by short Collections The recitalls of the French Records in the 4th Chap. also newly translated into English for the benefit of others as well as the Students of the Lawes of England Quo communius eo magis bonum quod est justum LONDON Printed by T. Badger for Matthew Wallbanck and are to be sold at his shop at Grase-Inne Gate 1642. The Introduction by way of Table or Index to the Chapters following contained in this Treatise PRiviledges are speciall Rights belonging to the Baronage of England In which name are comâ—rehended all those who as Magnati proceres regni by common right are summoned to every Parliament wherein also they have place and voyce as incident to their Dignities and what things doe concerne them eâ—ther as they are one Estate together in the upper House or as every one of them is privately a single Baron As for the prelacy who had heretofore the first place in the summons viz. Praelati magnates c. they have now lost all their Priviledges oâ— sitting in Parliament and of bearing of any secular Offices in the Kingdome they are disabled by act of this present Parliament 17. Car. 1641. For Priviledges of the first kinde CHAP. TEstimonies are hereby collected touching CHAP. 1. Their proxies and making of proxies 1 CHAP. 2. Their proceedings in Suits as well for followers as for themselves during the Parliament 7. CHAP. 3. That none of them bee subject to bee questioned before the lower House onely 9. CHAP. 4. Their Jurisdiâ—â—ion in matters of offences as well capital as not capitall Errors out of the Kings Bench 10 CHAP. 5. Their passing of Bills and giving of Iudgements heretofore without any assent of spirituall Lords 120 CHAP. 6. Their appointing of Iudges out of themselves for examination of delaies of Iudgements in other Courts 127 CHAP. 7. Their Tennants of ancient Tennancies bring discharged of paying the charges of Knights of the shiere 129 For Priviledges of the second kinde of which also some are communicated to Baronesses The heads of the Collections are CHAP. 1. FIrst touching Oathes and Protestationt upon Honour 131 CHAP. 2 Tryall by Peeres 142 CHAP. 3 Scandala magnatum 155 CHAP. 4. Processe against them in English Courts Proceedings by Bill and Answere id CHAP. 5. Their number of Chaplaines is qualified 158 CHAP. 6. Their retayning of strangers 159 CHAP. 7. Clergy without reading id CHAP. 8. Their libertie of hunting in the Kings Forrests 161 CHAP. 9. Amerciaments of them id CHAP. 10. No Processe in a civill account to bee awarded against the body of a Baron 163 CHAP. 11. A Knight to bee returned upon every pannell where a Baron is party 16 CHAP. 12. No day of grace against a Baroâ— of Parliament ib. CHAP. 13. Making Deputies of places of Trust committed to them without words of the special power 167 BEsides these they have some Rights which are so commonly knowne that there needs no particular mention of them as their interest in making or repealing of Lawes or the like and divers others may perhaps be found which have not been oblivious in the late search made for them but of these particulars before mentioned according to the order in which they are described such store as are here collected doe follow First of the speciall RIGHTS WHICH Concerne them as they are one estate in the upper House of Parliament CHAP. I. Of Proxies of the Lords of Parliament VPON the summons of the Parliament licence of absence being obtained and the same licence as usually it being provided that a proxie bee made the Baron so licensed may appeare onely by that proxie to whom his voyce is so committed although his Writ bee Quod personaliter interâ—it and so also without licence upon sicknesse or such inevitable cause of absence The first mention of Proxies that occurres in the memories of our Parliaments is of Carlile under Edward the first where the words are Quia omnes Praelati Milites alij de communitate Regni tunc plenariè non venerunt receptis quibusdam procurationibus Praelatorum qui venire non poterant adjornantur omnâ—s qui summoniti sunt ad Parliamentum usqué ad diem Mercurij proximum sequentem ad horam primam And in a Parliament held at Westminster under Edwaâ—d the second the Biâ—hops of of Durham and Carlile remaining upon the defence of the marches of Scotland were severally commanded to stay there And in the Writ this clause was ordered to both of them Sed procuratorem vestrum sufficientèr instructum ad dictos diem locum mittatis ad consentiendum quod tunc ibidem per dictos praelatos proceres contigerit ordinari And the like Testimonies are afterwards under the same King for allowance and making of proxies by the name of procuratores sufficientes And in succeeding times the Testimonies of them downe to this day are most frequent But two things are most especially observable touching them 1. THat although the generall proxies were admitted yet when the nature of the Parliamentory businesse required more speedie and full advice a clause was inserted into the summons to premonish the Baron summoned that his proxie should not bee admitted unlesse he were compelled to absent himselfe by most inevitable necessity So was it in the Writs of summons under Edward the third to the Parliament held for advice touching the voyage of the King of France into the holy Land every Baron having these words in his Writ Scientes pro certo quod nisi evidens manifestus id exposcat non intendimus procuratores seu excusatores pro vobis admittere ea vice propter arduitatem negotiorum praedictorum And likewise under Richard the second the summons to the Arch-Bishop of Canterbury and the rest had these words Et 〈◊〉 nullatonus amittatis â—ne quid absit per vestram absentiam quà m necessitate infirmitate tunc â—etenti fueritis quòd aliqualiter illuc laborare non poteritis nullo modo excusatum habere volumus ista vice expeditio ne potior nostrâ—rum praedictorum retardetur seu aliqualâ—ter deferatur And divers other Examâ—lâ—s are for personall appearance and excâ—uding Proxies 2. That the course of the elder time was not that Barons onely were made Proxies in the upper House as at this day but other men also of low condition and this hath beene very frequently in the case of Bishops and Parliamentory Abbots
the Bishop was arraigned and upon question how hee would bee tried dicebat quòd ille est membrum Dom. Papae quòd ipse ab ordinario suo viz. venerabili patre Domino Simono Archiepiscopo Canterburi Angliâ— primat respondere non potest Et super hoc idem Archiepiscopus prasens hic in Curia petit quòd dictus Episcopus Eliensis de feloniis prâ—dict sibi impositis hic coram laico Iudice non cogatur respondere ut sciatur inde rei veritas per inquisitionem patriae c. praecept est vicecomiti Huntingdon quòd venire faciat coram Dom rege in Octab sancti Mich. c. ubicunque c. 24 de Iust. de Somersham idem dies datus est Episc c. Ad quem diem coram Domino rege venit praedict. Episc in propria persona similitèr Iurat veniunt qui electâ— tricati jurati onerati si idem Episc de assensu prâ—dictorum Rand. Walter de recept. eorundem sit culpabilis nec non dicunt super sacramentum suum quod idem Episc est in nullo culpabilis sed dicunt quod idem Episc. post feloniam receptavit ipâ—os apud Somersham sciens ipsos feloniam fecisse Ideo inquiratur de bonis catallis Terris tenementis c. Et super hoc praedictus Archiepisc presens in curia petit ipsum tanquam membrum Ecclesiae sibi liberari ei liberatur oustodiend prout decet and Writs were sent out to the Sherifes of all Shires where hee had goods or Lands to certifie them for the Kings benefit and in this Record it is observable that the Iurors were tried which proves that the Bishop had his challenges to them at his tryall About the beginning of Henry the fourth Thomas Merke Bishop of Carlisle was indited of Treason before Thomas Earle of Warwick and other Iustices of Oyer and Terminer in Middlesex the Bishop standing before committed to the Tower for the same offence Et hoc Justiciar praedict. recognit mandatum est constabulario Turris praedict. vel ejus locum tenenti quod corpus ejusdem Episcop habeant vel alter eorum habeat coram praefatis Iusticiariis apud Turrim praedictam die Mercurii ex tunc proximo sequente ad respondendum Domino Regi de proditionibus c. And the precept est vicecomiti London quod tunc venire faciat coram praefat. Iusticiar apud Turrim praedict. tam Aldermannos cives quam alios probos homines de vicineto Warder praedict. 1. Baynards Castle Dougate qui praefat. Episc. nulla affinitate attingunt ad faciendam tunc ibidem deliberationem de dicto Episcopo prout moris est secundum legem Regni Angliae ad quem diem locum the Bishop is brought before them and a Writ comes from the King to the said Iustices reciting that licet in statuto apud Westminsterium nuper edito inter caetera continetur quòd nullus Archiepiscopus nec Episcopus coram Iusticiar nostris occasione alicujus criminis impetatur absque speciali praecepto nostro quousque aliud remedium inde foret ordinatum de advisamente tamen consilii nostri vobis mandamus quòd si aliqui Archiepiscopi vel Episcop coram vobis impetiti vel judicati existunt tunc ad deliberationem ipsorum procedatis prout de Jure secundum legem Regni nostri Angliae fore videritis faciendum statuto praedicto non obstante I este me ipso apud Westminsterium 28. die Januar. Anno Regni nostri primo THis Writ being read in the Court the Bishop was demanded how he would be â—ried Hee first stands upon the priviledge of the Church to whom the Iustices reply that the offence was so high that hee must answer them with protestation of saving the Liberties of the Church hee pleads not guilty Et inde de bono malo ponit se super patriam inde fiat inde Iurat hoc instante die c. The Iury findes him guilty but the Iustices being not advised of their Iudgement returne him to prison the Record was afterward removed in the Kings Bench and the Bishop renders himselfe to the prison of the Marshallsea and then being asked if hee had any thing to shew why Iudgement should not bee given on him hee pleades his pardon and it is allowed him To these presidents a Learned Iudge in Queene Maries Time saith divers were agreeable Among which are specially to bee accounted those of the Bishop of Rochester in the time of Henry the eight and of Cramner Arch-Bishop of Canterbury under Queene Mary both tryed by common Iuries neither is there any example extant from the first memory of a legall tryall of Bishops which is under Edward the second that testifieth any Tryall by Peeres belonging to a Bishop and accordingly hitherto it was taken cleerely by that learned Iudge of Queene Marie's time that no ancient Statute speaking of tryall by Peeres hath beene put in ure to extend to a Bishop or Abbot although they enjoy the name of Lords of the Parliament for they have as the words are this name of Bishop or Abbot ratione Officii being not chosen in Parliament in respect of their Nobility but in respect of their possessions the ancient Baronies annexed to their Dignities according to which there are divers Presidents whereof one was in the time of H. the 8. where also it is as judiciously modestly affirmed by a most learned man of this Kingdom that the spirituall Lords enjoy all legall priviledges as the temporall Barons do saving only this tryall by Peeres That which may be here objected out of the Statute of the grand Charter wherin every man ought to be tried by his Peeres id est Juditium Parium suorum or out of the Statute of 25. E. 3. by which all treasons are to bee tried by men of the same condition of which the offender is may easily be answered for both these anceint Statutes are now to be interpreted as it is clerely taken in continuall practise and in the books according to the known use of the legall proceedings and not by literall interpretation of the words as it is plainly seene in both of them For all Gentlemen Esquires Knights Batchellors and Bannerets and at this day Bannerets are accounted Peeres not only amongst themselves but also to all other men of the lowest condition which yet cannot be out of the force of the word only the like appeareth in that non amercientur Comites vel Barones nisi per pares suos And it is shewed in the title of Amerciaments wherein that which the Statute referres to Peeres is done so by Iudges And this of Bishops referreth to those Statutes is only to be adjudged according to use and practise which is the best interpreter of the Statutes and not by the meere Interpretation of the word Peeres And it is most likely that
informed of the manner of this Iudgement the execution thereof shall be respited untill our Lord the King shall be informed thereof where it is commanded to the aforesaid Constable safely to keepe the said Iohn untill he hath other commandement from our Lord the King And it is to be remembred that Geffery Martyn Clerke of the Crowne was named in this record and delivered the same there in writing in this present roll by his own proper hand Ex. Rot. Parliamen 42. E. 3. M. 2. N. 22 23. c. WIlliam Latimer of the County of Dorset preferred a Petition in this Parliament in manner as followeth To our Lord the King and his Couâ—cell sheweth William Latimer of the County of Dorset That whereas ouâ— Lord the King otherwhiles in the pestilence granted to the Bishop of Salisbury the Wardship of the Mannor of Dentish and Devillish in the said County being in his hands by the minority of Robert son and heire of Robert Latimer Knight together with the marriage of the said Robert the son being then of the Age of sixe yeeres for a certaine summe of money to him payed which Estate the said William Latimer hath held untill Master Iohn Lee then Steward by procurement of Thomas Delaber sent one Richard Inworth Serjeant at Armes in Dorset to the said William Latimer to bring him to London in safeguard as prisoner with the Intent aforesaid that is to say the Monday next before the Feast of the Nativity of Saint Iohn the Baptist in the yeare of our Lord the King that now is the nine and thirtieth and the said serjeant also performed the same and the said Master Iohn Lee did charge and command the said William in the Kings name that he should not goe out of Town upon paine of a hundred marks untill he had surrendered the body of the said heire contrary to the patent of the King to the said Mr. Iohn Lee and outed the said William of his Charter and moreover made a deed of release whereupon the said Master Iohn Lee commaâ—â—â—â— to hold all the Lands and Tenements aforesaid untill the Feast of St. Michael then next ensuing for a certain summe of money and then the said Master Iohn Lee leased to the said William the Wardship of the said mannor of Devillish rendring forty pounds per annum whereof he was seised as prochein amy of the Infant viz. Pulchrain Helto Whitechurch Oxford Staket let the same to the said William and to divers other persons at his will by such duresse imprisonment and arresting the said William to the great mischiefe grievous dammages and losses to the great wrong of his simple estate wherof hee prayeth remedy To the points of which Petition the said Iohn Lee answereth and saith that because that the Mannors Lands and Tâ—nements of Inheritance there comprised in the said Petition were wickedly extended by the Escheator and leased out of the Kings hand at too small a value to the great dammage and deceit of the King he caused the same Mannors Lands and Tenements to be resumed into the Kings hands the Wardship of which Mannors and the marriage of which said heire the King had committed to him And likewise the said Iohn Lee was put to answer before the Lords of the affaires in such time as hee was Steward of the Kings houshold for that he had attaiched divers Gentlemen by their Bodies some by Serjeants of Armes and some by other wayes as William Latimer and others and caused them to come before himselfe as before the Counsell of the King in places where pleased him out of any of the Kings accustomed places to answer to divers things whereof the recognizances ought to appertaine to the Courts of the King Item It was debated concerning his authority of Stewardship that he within the verge had attaiched divers Gentlemen of the verge as Iohn Goddard and others to answer in the Marshallsea of things done out of the verge and caused some men to be apprehended and sent to the Tower of London of his owne Authority without Commandement of the King or his Councell It was likewise debated that Hugh Lavenham had appealed certaine Gentlemen of Felony and that before the Kings Iustices at Newgate and divers Gentlemen arraigned at his suit whereof some put themselves upon the Country and some defended themselves by their bodies and stayed in prison as the Law demanded and that an Appeallee of murder was let goe at large by Commandement of the said John Lee against the Law and command of the Iustices and that hee tooke the said Hugh by his owne Authority and let him goe at large and some that were not appeallees in roll of the Crowne at the suggestion of the said Hugh were taken and imprisoned as if they had beene appeallees It was also affirmed that whereas the said Iohn Lee was sworne to the King and his Councell he did bargaine with Master Nicholas Lovaine concerning the Wardship of the Mannor of Reinham in Kent being then in the hand of the said Nicholas by the under age of the sonne and heire of Iohn Stanton as appeared by certaine evidences as well by letters Patents under the Kings Great Seale as others which the said Iohn had in his keeping that very plainely the said Mannor was holden of our Lord the King in chiefe as of his Castle of Dover and Fort that the Wardship thereof appertained to the King to the great dammage and deceit of the King against his Oath Of which points and articles hee cannot duely and sufficiâ—ntly excuse himselfe by the Law and therefore was the said Iohn commanded to the Tower of London and there to stay as a prisoner till he had made fine and ransome to the King according to his will And it was commanded to Master Allen Buxall Constable of the Tower that he take safe keeping of him and so departed the Prelates Dukes Earles and Barons and afterwards by the commandement of the King the said Iohn was caused to come guarded from the Tower to Westminster before the Great Councell and at other times examined upon the points of the Petition the â—ad Williâ—m Latimer answered and said Thaâ— our Lord the King had committed the wardship of the Mannors Lanâ—s and Tenements of the said heire untill the Age of the said heire together with the marriage of the said heire and as intirely hee would render it into the Kings hands And then before the said Councell it was agreed and assented by them That the said Mannors Lands and Tenements and the body of the heire aforesaid ought to be released in the Kings hand and delivered to the said William Latimer to hold as hee held of the said Bishop untill the full Age of the said heire doing to the King in manner as it was before the said Iohn surrendered the same and that the Letters Patents of the King made to the said Bishop of the same ward and marriage and the Letters of the said
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