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
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
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
Knight and Nicholas Carrein Keeper of the privie Seale of the said King and others that did then belong to the said King and afterwards from him to the time supposed that she committed forfeiture and that they can discover the truth And thereupon day is given unto the said Alice untill Wednesday next by the Prâ—lates and Lords of the Parliament and it was ordained and assented that those Articles shall be tried by witnesses and by enquest of those that were of the houshold of the late King Edward whereby the truth may better be knowne and thereupon were certaine persons examined before the Earle of March the Earle of Arundell the Duke of Lancaster the Earle of Cambridge and the Earle of Warwick that is to say first Master Roger Beauchampe late Chamberlaine of the said King Edward sworne upon the holy Evangelists and diligently examined touching the Countermand of Master Nicholas Dagworth and upon the other Article concerning the said Kings pardon and favour to Richard Lions saith upon his Oath that in presence of the Ladie Alice Pierce a Bill was delivered to him which Bill he tooke and after hee had understood that the same contained the calling back of Master Nicholas Dagworth from Ireland for that he was an enâ—my to Master William Winsor to that which the Bill supposed he answered that hee durst not preferr it to the King for that the Counsell had ordained the contrary and the said Alice requested him and said that he might safely deliver it to the King and presently the King demanded of what matter they discoursed and the said Master Roger answered of a Bill that doth containe such businesse forthwith when the King had understood the Bill hee answered that the Petition was reasonable and when Master Roger replyed the Councell had ordained to the contrary the King answered that he himselfe was agreeing and that yet it seemed the Bill was reasonable and commanded him that the said Master Nicholas be caused â—o be called back which was likewise done but what day or moneth it was he remembreth not and as to the matter of Richard Lions the said Mr. Roger saith that he was Chamberlaine but an houre and so knoweth nothing more then he hath said Item Master Lanc. diligently examined before the Committees saith that he came one day to Havering and found the Ladie Alice Pierce there and forthwith Master Roger Beauchampe shewed him Billa and after the King understood the matter hee said thus that it seemed not reason that one enâ—mie should bee judge of another and the said Duke answered that hee was come betweene them but it was so that the said Maâ—ter Nicholas was sent for the profit of the Land and of all the Realme and therefore it was ordained before the King that the said Master Nicholas and Master William doe come before the Councell and if the said Master William could prove any cause for the Enmity betweene them that then the said Master Nicholas shall not goe if he well can prove such enmity otherwise the Ordinance of the Councell made in that behalf shall stand in force to which thing the King did well assent for that time but forthwith the King was assailed in his chamber by the said Ladie Alice and there came in the said Duke and prayed the King that he would not suffer in any sort that the said Mr. Nicholas bee called back who answered that it should bee no otherwise then it was afore ordained before the King and when hee came in that behalfe to crave a testimoniall favour hee could not obtaine it and the next morning when the said Duke did his obeysance to the King in his bed The King himselfe commanded upon his blessing that he suffer not in any manner that the said Master Nicholas goe into Ireland The Ordinance thereof made the day before to the contrary notwithstanding and likewise the said Master Nicholas was countermanded and as to the Article of Richard Lions hee saith in his conscience that the said Alice was principall promotrix of the said businesse but he was not present when it was done Item Master Philip de Bath sworne and diligently examined saith as to the Article of Master Nicholas Dagworth that he heard not the said Dame Alice speak to the King of the same matter but hee heard in the Kings house the said Ladie Alice make a great murmur and say that it was no reason nor Law that the said Master Nicholas who was an enemie to the aforesaid Master William should goe into Ireland to enquire and doe Iustice against him and more hee knowâ—s not how to say in this matter But as to the Article of the said Richard hee saith that he was one day at Sheene when the said Richard was brought before the King and that he was called into the Kings chamber to heare those things that were to be done and when he understood a little of the matter he would not stay in the chamber and further he saith that there were then in the Kings Chamber the said Lady Alice Nicholas Currein Master Allen Buxall Walter Walsham and many others saith that she was in the Court and that the said Lady Alice was an aider and friend in the businesse Item Nicholas Currein sworn as aforesaid and diligently examined saith that he was commanded by the King to come to Sheer there he found Rich Lions which Richard and Nicholas were commanded to come before the King to his bed and there they fouâ—d the Lady Alice Pierce sitting at the side of the bed and there it was shewen that the King would pardon the said 300. l. to which he was yet bound to the King as of the arrerages of his accompt in the Exchequer and also the King would give to the said Richard 1000. markes of his Treasure and further would make full restitution of the Tenements which had bin given to his sons of Cambridge and Woodstock as before said And thereupon the King commanded the said Nicholas to say from him his pleasure to his said sâ—nnes but he saith that hee remembreth not iâ— that matter were showne at that time before tâ—e King by relation of any other person or by the Bill of the said Richard there read or otherwise by the said Richard himselfe the said Nicholas remembers himselfe very well that he requested to come before the King who caused to come from behind â—hâ— curtaines Master Allen Buxall and others Knights and Bishops which then were there to testifie that which the King had said to the said Nicholas in the said commandements and so it was done and all the commandements of the King were râ—hearsed in presence of all those men And as to the matter of Master Nicholas Dagworth he saith that he knowes nothing but that Master Roger Beauchampe sent him to countermand the said Master Nicholas Item Master Allen Buxall sworne in like manner and diligently examined saith that one day at Sheen after the last Parliament
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
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
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.