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.
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
Law and reason And further the said Iohn saith that hee being a Fishmonger hath preferred at the same Paâ—liament his Bill for that a Clerk and familiar of the Chancellor whose name was Iohn Otler undertooke that the said Fishmonger should the better have good helpe in his case of the said Chancellor before whom his busines depended who was to do Iustice to high and low which Clerk demanded copies of his Bills and demeaned the whole businesse that he delivered to him which when hee had viewed and understood he promised that for 40. pounds to the use of his said Lord and 4. pounds to his own proper use hee should have his busines welâ— graciously dispatched by his Lord without difficuâ—â—y upon this promise the said Iohn CaveÌ„dish was well agreed granted to pay him the said 44. l. in maÌ„ner as he should demand the same but for that he said he had not the sum ready in his hand to pay he obliged himself voluntarily to make payment well lawfully at a certain day â—o it was done and afterwards the said Fishmonger delivered to the Clerk certain quantity of Herring Sturgeon and other fish to the value of 9. or 10. marks to the use and behoofe of the said Chancellor in part of payment of the 40. l. aforesaid and 3. ells of Scarlet which cost him 32. s. he delivered to the said Clerke in part of payment of the said 40. l. which he promised And further the said Cavendish saith that although he had don so much and promised to give more to one person and another alwayes yet he found not long friendshiâ— aid fâ—vour nor succour in effect in the person of the said Chancellor in the said suit for all his cost and also he saith that a good part of all sorts came with him to the house of the said Chancellor to discourse of his matter where hee found there his Adversaries before him where hee encountred them in presence of the said Chancellor but if the said Chancellor be to bee punished for committing of this Affaire or no he knoweth not God knowes but he saith that true it is that at a certain day past the said Chancellor caused him to bee payed for his Fishes and that hee cancelled the Obligation and that the same was cancelled in bounty and conscience or otherwise to shunne a slaunder and reproach in the case hee knowes not now to say but saith for certaine that for the three Elles of Scarlet hee was not yet payed and thereupon the said Chancellor first of all before the LORDS and COMMONS answereth and saith That in this affaire and of all this matter hee is innocent in every degree And first of all as to that that is surmised of him by the Accusation hee now saith that the said Fishmonger had not beene delayed nor is yet delayed by the said Chancellor and that right and Iustice is done to him in the said Suit and that the Accusation containes no Truth and the said Chancâ—llor voucheth to witnesse all the Iudges and Serjeants of the Realme who were present in the Chancery many times when the said matter was pleaded betweene the parties which suit is pleaded to issue whereof part lieth in Iudgement and part remaineth untried so that nothing now remaineth to doe but to render Iudgement there of what remaineth in Iudgement and Traverses thereof have beene put in for difficulty and for other cause and that it is not Truth of the said Chancellor that the Fishmonger hath now said that hee could not have Iustice and that hee is unjustly delayed And as to the remnant of the Accusation now made the said Chancellor sweareth by the SACRAMENT of IESVS CHRIST that hee is utterly innocent and more thereof did never come into his Cognizance but in manner as hee hath said which is thus and saith that of late hee had speech with the Officers of his house to know the Estate thereof and for ordinary payment of those to whom for the dispences of his said House hee was a debtor and there first of all and before his Officers hee demanded how such a quantity of Herring and Sturgeon was brought into his said house and not by way of bargained-for provision and in what manner the same was spent in his house whereat he marvelled because he knew not the said Fishmonger and there withall he reckoned with his said Officers how such an obligation was also made by the said Fishmonger who had a generall suit depending before him and as soone as the heads of this matter was understood by him hee was much grieved and in passion did curse and sweare to his said Officers that hee would not eat nor drinke within his said house untill the said Fishmonger was payed for that which he had sent into his house aforesaid and the Obligation was utterly cancelled and defaced and thereupon presently was the said Fishmonger at his commandement caused to come in presence of the said Chancellor in the Chappell within his house where hee stayed for the present time when he was in London in the same Chappell where our Lord Iesus Christs Sacrament was continually he swore by the same Sacrament in presence of his said Clerk of the said Fishmonger that he was never bouÌ„d to do that which his said Clerk had undertaken that he touched nothing of the said Commodities before reckoned nor had knowledge thereof in private or in publick but by relation of those other Officers in manner aforesaid and that hee was never a partner to the said Covenant made thereof in any manner nor caused the said Clerk to take the same Obligation but caused the said Fishmonger to bee payed for his Fish aforesaid And the said Chancellor swore by the Sacrament of Jesus Christ that his excuse now given in contained full truth and that hee is ready to prove in whatsoever manner it pleaseth our Lord the King and his Noble Lords of the Realme there present to ordaine and the said Chancellor prayeth to the Lords aforesaid that they have due consideration to the Estate that hee beareth within the Realme by his Office of Chancellor that it may so please them to ordayne him due remedie and Iustice of the said Fishmonger concerning the defame and grievous slander which hee had brought upon his person in Parliament which is the most high Court of the Realme and could not accuse the said Chancellor of any thing in his complaint but onely the Clerk of the said Lord And for that the said Fishmonger disclaimeth in part his said Accusation and so denieth by his owne mouth that hee had not any bargaine with the person of the said Chancellor but with his said Clerk And also for that as well the said Clerk as the said Fishmonger thereupon examined acknowledged that the aforesaid Obligation was made to the said Clerk onely and in his name without naming the Person of the said Chancellor in any part and that the same
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
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