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
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
of William Ellis and of all others Deputies of the said Richard Lyons throughout the Realme Parl. Anno 1. R. 2. n. 32. 33. ITem William Fitz-Hugh Goldsmith of London preferred his bill in Parliament in form as followeth To our thrice excellent thrice noble Lord the K. and to his thrice Honourable and thrice sage Councell shewen the poore Commons of the mysterie and company of Goldsmiths in the City of London that Iohn Chichester Iohn Botesham and many other Gentlemen and ricâ— goldsmiths of that mystery in the same City by their compassing and subtill devising deceitfully have caused many of the said company to enseale severally divers obligations and those who refused so to doe were taken and imprisoned and in danger of death by many grievous threatnings of the said goldsmiths who had sealed severally divers obligations as their poore companions had done before to cause that the said poore Goldsmiths should not buy nor sell to any Merchant Cutteller Ieweller Vphoulster nor to any other forraigner nor Denizen any goods of their working except they sold the same at a treble value and that none of them should carry gilt nor any other thing of gold or silver to any Ladie or other person to make profit thereof and if they did that the paine comprised in the said Obligations should incurre upon them as before the major Sheriffe and Aldermen of the sâ—id Citie as by the confessions of the said rich Goldsmiths it was proved wherupon it was unreasonably debated so that it was put by good mediation and advice to the said Maior and many of the Aldermen of the City the said rich and poore Goldsmiths put themselves in Arbitrement of three good men for a finall accord of all the debates and quarrells betweene themselves which Arbitrators assented upon certaine points rehearsed to the parties aforesaid and ordained the same points to be affirmed and inrolled in the Parliament for ever and thereupon the said parties were released But notwithstanding this Agreement the said rich Goldsmiths would not assent nor suffer that the sâ—id points bee inrolled and holden as the said Arbitrators adjudged And furthermore by their procurement many mischiefs doe from day to day arise to the wrong of the said poore Commoners so farre as they are like to be undone which God defend and have purchased likewise a new Charter against the said agreement to the great decay and hurt of the said poore Commons may it please you thrice gracious Lords to ordaine and command that the said Accord bâ—e affirmed and holden finally for good and that the said Charter and other things tending to the prejudice and losse of the said poore Goldsmiths bee made voide for Gods sake and in the worke of Charity And thereupon the said Iohn Chichester and Iohn Botesham and many other Goldsmiâ—hs of London came iâ— Parliament and haviâ—g heard the said Bill it was forthwith demanded of the said William Fitz-Hugh if hee would maintaine the said Bill and finde pledge to doe and answer that which the Law demandeth who said that he would doe so but afâ—erwards he could not bring in his surety nor pleadge to answer the said Bill so was the said William Fitz Hugh commanded to the Tower by the award of the Lords in Parliament Ibidem Anno 41. ITem the said 24. day of Decemb during yet this present Parliament Alice â—ierce was caused to come in the same Parliament before the Prelates and Lords for to answer certaine matters which by Letters should bee surmised against her in the Kings name and thereupon by commandement of the Prelates and Lords of the said Parliament Master Richard Scroope Treasurer Steward of the house of our Lord the King rehearsed in Parliament in the presence of the said Alice an Ordinance made in Parliament holden at Westminster the monday next after the feast of Saint George the yeare of the reigne of the King Vnckle of our Lord the King that now is the 50. in these words For that complaint is made to the King that many women have persued in the Courts of the King divers businesses and quarrells by way of maintenance and to have a share which thing displeaseth the King to defend and that hâ—nceforth no woman shall doe so and more especially Alice Pierce upon paine of whatsoever the said Alice may forfeit and to be banished out of the Realme and after this rehearsall made the said Steward surmised to the said Alice that it seemed to the Lords of Parliament that she had incurred the paine comprised in the said Ordinance and had forfeited against the said Ordinances in certaine points and more especially in two viz. that she stayed Master Nicholas Dagworth Chancellour when he was ordayned by the Councell of the late King to goe into Ireland for certaine urgent businesses which should have beene profitable to our late King and his Realme the said Alice after the said Ordinance made as aforesaid perswaded the said King in his Court at Havering that at her singular persuit and procurement the said Nicholas was countermanded and his voyage stayed from all that Island to the great dammage of our said late King and his Realme Item That whereas Richard Lions for misprisions wâ—ereof he was convicted at the said Parliament holden the said 50. yeare of our late King Edward submitted himselfe in the Parliament into the favour of the said King that is to say his Body all his Lands and Tenements and he gave some of them to the Earle of Cambridge and some of them to Master Thomas Woodstock now Earle of Buckingham for terme of their lives the which our late K. after having pitie of the said Richard was willing by the assent of his Councell to shew him favour and to pardon him the Imprisonment of his body and to restore him to certaine of his Lands goods and chattells aforesaid which pardon seemed to our late King and his Councell tâ— be a grace sufficient notwithstanding the said Alice so perswaded the said late King in his Court at Sheene that by the singular persuit and procurement of the said Alice our late King Edward granted to the said Richard all his Lands goods Tenements and chattels aforesaid together with the said Tenements which hee had given to the said Earles for terme of their lives as before said amongst the same pardoned the said Richard 300. l. of certaine Arrerages due by the said Richard in the Exchequer and also granted him a thousand marks of his Treasure to bee â—eceived of the said Ladie which persuit and procurement are contrary to the Ordinance aforesaid And the said Steward demanded of the said Alice how she would excuse her selfe of those Articles which Alice did answer and say that she was not guilty of those Articles and that she is ready to shew and prove by the Testimony of the said Master Iohn Iprâ— then Steward of the said King Edward William Street then controller of his house Allen Buxall
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
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
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
and learned discretion to have the said William excused for the causes which follow First may it please you to remember how that the said William was lately warned by a Spie that a very great power of Enemies came against him for to besiege the said Castle and to batter the same with great Ordinance whereupon the said William forthwith by his Attourney and by his Letters requested the Councell that they would please to foâ—tifie the said Castle with more Gentlemen fâ—r the defence and safeguard theâ—of having regard that the garrison of the said Câ—stle was not sufficient for halfe the multitude of so great force to make resistance in so large a place but in the end for that hee could have no succour of the said Councell and likewise the said William being not in default was left without sufficient souldiers of a long time whereby to keepe and defend the said Castle whereof hee beseecheth you that you will take just and benigne consideration Likewise may it please you to take notice by the privy Scout of Warre that there came the Enemies power of Armes and seven hundred fighting men with 6000. of the common souldiers of the Land having nine great Cannons a great Engine and a Trebutchet big above measure which they carried in their marches that thereby presently a great part of their Gentlemen of Armes souldiers aforesaid came before the Gates of the said Castle to assault it and there was a Knight of theirs killed which was cozen to the Lord of Chiffin insomuch that officers and many others also were there slaine and in a short time after they beganne to plant their Cannons and Engines and so continuing from day to day their assault that is to say Tuesday Wednesday and Thursday and the walls then of the houses and of the said Castle were broken and divided in many places and they had by force filled the ditches of the said Castle in three places if possible to make way for them to issue and there came upon the said workes a a great part of them and they by force had broake and spoyled many of our bars and the morrow after which was Friday they came at the break of day with all their strong men to assaile the said Castle but by the help of God they were not yet Conquerours by force of their Assault And of our side and of their side there appeared great death and losses and the same day the Marshall of Burgoyny treated with the said William and others to render the said Castle Wherefore and in consideration that the said Castle could not hold out for the smallnesse of the number of Gentlemen there and for that the walls in many places were beaten down by their marvelous Ordnance there was a Treatie with the Lords to the end that the said William with his companions might know what to doe the next morning whether to stay or depart from thence Likewise the same night the Enemies had brought all their Ordinance their Engines Trebutchet and Cannons upon carriages drawne by Horses to the foot of the ditch of the said Castle and the next morning which was Saturday they put themselves all in Order to assault the place and then first of all they sent a Herald to the said VVilliam to know if the same Castle should bee rendered or not whereupon the said William by advice of the graver sort of his companions having consideration how the said place was destroyed by their Ordinances and also that there were few Gentlemen left for the defence and that twelve of their companions were at that time dead and that many being wounded and sick he could not renew the Gentlemen of the Garrison and that for safety to defend themselves there being only but thirty eight and by common assent the said Castle which hee could hold out no longer was by force rendered for safety of the lives of the men That all these things aforesaid are true the said William putteth himselfe upon Tryall according to your discreet Ordinances Item it is to be remembred that when the said Castle was rendered as aforesaid certaine Gentlemen of France did bargaine with the said William for his victualls and bought the same togâ—ther with certaine persons which the said William held within the said Castle in Prison for which things hee received of them 1000. and 500. Franks whereof hee paid to his companions for part of their wages which then was behind three quarters of a yeare 678. Franks Item hee payed at Callis for victualls of the said Castle before that time due 1442. Franks Item for the passage of the said William and for his expences being at Callis 135. Franks And therefore the said William beseecheth that you have regard to Iustice and bounty how that he by envious suggestion hath beene against all reason accused thereof concerning his estate and name for which offence hee hath seised and stayed some of the Cattells of his Adversaries and that you have consideration how that hee hath payd his companions out of his proper goods for their wages and that you will be pleased for Gods sake and piety also to ordaine for him that by your discreet noblenesse hee may recover his Estate and goods Item the said William Weston sheweth how the first day when the Enemies came before Ardee he fled thence to the Army at Callis to the Captaine there to pray of him more succour and ayde of men to guard the Castle of Barwick and to defend if the Enemies had assaulted and the Captaine answered him briefly that he would not deliver nor lend succour nor aide at that time for that he doubted himselfe the Enemies would come before the Towne of Callis And the Lord Steward came and read the said schedule in Parliament Iohn Lord of Gomeniz you have undertaken to the thrice powerfull Prince whom God preserve Lord Edward late King of England Vnckle of our Lord the King that now is safely to keep to him and his heires Kings of England the Towne and Castle of Ardee without surrendring the same to any but to the said King and his Heires or by the Commandement of him and his Heires Have you Lord of Gomeniz in time of our Lord the King surrendred the same without his commandement to the detriment of him and â—is Crowne and of the Estate of his Realme of England agaiâ—st your undertaking aforesaiâ— what say you to it whereupon the said Iohn answerâ—th that the said Towne and Câ—stle of Ardee was so feeble that hee could not well keepe it against so great power of the Enemies which were readie to assaile the said Towne and Castle and therefore he went forth to intreat with the Eâ—â—mies that he might save the liege men of our Lord the King being within that Towne and Castle of Ardee without that that he at any time tooke any thing for the surrender of the said Towne and Castle of Ardee Whereupon one Geffery of Argentine Knight said in
Bishop of the same Ward and marriage made to the said William and surrendered to the said Iohn by the said William by durity and menaces bee fully restored to the said William and that the Enrolment of the release to the said Iohn by the said William of the same Ward and marriage also by durity and threatning made as by the said William in the Exchequer be cancelled voyde and holden for nought for ever saving all times to the King his right in time to come Ex. Rot. Parl. 50. E. 3. mem. 2. num 17. FIrst the said Richard Lions Merchant of London was impeached and accusâ—d by the said Commons of many deceits extortions and other evill deeds commited by him against our Lord the King and his people as well in the time that he had beene belonging to the House and Councell of the King as otherwise during the time that he was Farmor of the Subsedies and Customes of the King And more especially for that the said Richard by Covin had betweene him and some of the privie Councell of our Lord the King for their singular profit and advantage had procured and gotten many Patents and Writs of Licence to be made to carry great faith and credit whereby Skins wools and other merchandises were transported other where then to the Stapâ—e of Callis against the Ordinances anâ— defences made in that behalfe concerning the same before time in Parliament And for that he had imposed and procured to bee put upon Wools Skins Leather and other Merchandises certaine new Impositions without assent of Parliament and those Impositions and Taxes without permission of the King or of the High Treasurer of the Realme having not medlage therewith and it was said how hee uncertainly tooke ten shillings in one parcell and twelve pence in another parcell of every sack c. which mounted to a very great summe throughout all the time that hee had beene receiver or Treasurer and likewise of another new imposition of foure pence by him made and put upon every pound of money upon the Lumbards and other Merchants for a discharge by his owne proper Authority and without warrant and assent in Parliament or otherwise and the same imposition of foure pence the pound contrary to piety collected and kept as to the use of our Lord the King whereof hee payed nothing And also of divers loanes made to the use of the King without cause necessary and more especially of one loane which he newly had at London of twenty thousand markes where our Lord the King was bound to pay 30000. markes and that by the Counsell of the said Richard and others in the Kings Court who have covenanted with the receivers to have part of the gaine and to be parties secretly to the said loane the said Richard taketh the said money and afterwards gaineth by way of vsury of the King his Lord of whose Councell hee was before a great quantity of money in great dammage and deceit to the King and also many other extortions throâ—ghout the Realme and so demeaned himselfe against his Councell Treasurer and receiver concerning the new impositions as otherwise taking upon him in all the said matters the Royall Power which was horrible to rehearse And also for that our Lord the King had beene debtor of Record to divers Gentlemen of many great summes of money so had the said Richard by the assent of other privie complices in the Kings Court of the said Covin caused many such accounts to be bargained and compounded sometimes for the tenth penny and sometimes for the twentieth or a hundreth penny and hath procured the King to pay the debts intire and so by such his subtilties and for his singular profits as well our Lord the King as the said debts are wickedly abused and more especially the Prior of Saint John of Ierusalem in England to whom the King was debtor of a certaine summe and the said Richard hath had twenty foure Marks thereof for Broakage to cause the said Prior to have payment of the remnant and another time of the Lord Steward to whom the King was also a debtor and the said Richard hath had of him by the same manner another great summe of money and so of many others in great deceit slander and villany to the King and his Court Whereunto the said Richard present in Parliament saith that as to all the said Loane made to the King of the twenty markes aforesaid hee is altogether without other fault and further saith that he at no time had profit or gaine nor tooke any thing at all of the Loane aforesaid nor of the said money nor in other things and that he was ready to prove by all wayes reasonable when they would demand of him and as to the said Impositions of ten shillings and twelve pence the sack of wooll c. 4. pence the pound of money he could not cleerely excuse himselfe that he had not so levied and collected and thereof taken money his part that is to say 12. pence of every sack of Wooll c. but that was hee said at the commandement of our Lord the King at the prayer and assent of the Merchants who demanded such Licence and as to the remnants of these Impositions he had wholy delivered them to the receiver of the Kings chamber and accountable is the receiver in the Parliament And the said Richard first of all collected the same having a Warrant by which authority he hath before shewed in Parliament under the Seale of the King himselfe and his Councell so to doe and thereupon were witnesses produced in Parliament that our Lord the King had expressed a day for the same And some Lords there present in Parliament were that knew not how or in what manner he was become in such office under the King and what is more that the King knew him not for his Officer and that amongst other Articles the said Richard made no answer wherefore the said Richard was awarded to prison during the Kings pleasure and distrained to fine and ransome according to the quantity of his trespasse and that he loose his freedome of the City of London and bee no more in Office under the King nor approach to the Kings Court or Councell and thereupon another time the said Richard was sent before the Lords of Parliament where it was said to him that it seemed to the Lords that his offences were so great and horrible that hee had not sufficient wherewith to make satisfaction and forthwith the said Richard submitted himselfe into the favour of the King his body his Lands Tenements goods and Chattells and willed and granted that his body goods and Chattells should bee at the Kings will to give and as to the Extortions done by the said Richard or his Deputies from the time that hee was Farmer of the subsedies or Customes as beforesaid it is ordained in Parliament that good Inquiry bee made by sufficient Gentlemen in all the
losse without necessary cause and also of Patentâ— made in destruction of the Staple of Callis and alsâ— of divers Impositions put upon woolls against the Statute of Parliament in that behalfe lately made he is awarded by the Prelates and Lords in full Parliament to prison to be kept in Ward of the Maâ—shall and to make raâ—som at the Kings will whereupon the said Commons beseech the King for that he is found in such defaults by his singular Counsels he being in all Offices of the King and especially one of the Kings Privy Counsell throughout all that time it was requested that the King would bee pleased to grant that the said Lord might go under baile whereupon the King willed and granted that the said Lord Latimer should find in Parliament certain Prelates Lords and others during the Parliament to have his body before the King and the Lords to answer further to the Articles wherof he was â—o arrested under a certain paine and forme comprised in a Schedule annexed And under such surety the Marshall of England let him go at liberty Ibidem N. 31. ITem Willâ—am Ellis of great Jermouth is impeached and accused in this present Parliament in divers manners first viz. by the surmise of the Commons made to him that the said William whilest he was Farmer to our Lord the King of his pety Customes in the Port of great Jermouth and Deputy of Richard Lions Farmour of the Subsidies of 6 d. the pound granted by our Lord the King of all Marchandizes passing out of the Kingdome and entring in the same for the safeguard of the Sea and of the Marchants passing by Sea and of their Marchandize he did take by him and his servants as well English as of Strangers in the said Ports and members thereof by way of extortion by colour of his said Offices many great summes of money and otherwise that he ought not to have done in great prejudice slaunder of the King and dammage of the said Realme and to the oppression and wrong of the Marchants aforesaid And the said William Ellis present in Parliament saith that true it is that he is one of the Farmours of the said pety Customes of the Marchants passing and comming saving the purport of the Commissions thereof made without that that he tooke the same or caused any thing to be taken by extortion more than was clearely due to the King and that hee was ready to prove to the King by whatsoever way way hee ought to do and the Commons replying said that the said William confessed to them in the Common assembly in the Chapter house within the Abbey of Westminster the day before that he had received the said 33 l. prayed that against his owne ackowledgement so openly and before so many persons he might not at other times be received to say the contrary And therupon the said Commons brought in Parliament John Botild Willi Cooper of Leiwstoft and two others that affirmed they had payed to the said William Ellis by the said Marchanâ— of Scotland the said 3â— l. for full Informâ—tioâ— of the matter aforesaid which John and William Cooper being thereof examined in Paâ—liament acknowledged that tâ—ey were obliged to our Lord the King and to the said William Ellis by their obligations or letters obligatory in the said 33 pounds together with the said Scot which was their hoast and payed at a certaine day for the said Subsidy of 6 d. the pound due of all the marchandizes in the said ship and the truth was that the said Scot discharged nothing of all the matters aforesaid at the day of payment but that they payed to the said William Ellis the 33 l. and therupon the said Commons prayed Iudgment upon the same said William Ellis who said that although that he had received the said 33 pounds of John Botild and of the other aforesaid be received it not but as supposing the same a gift and that without câ—ndition and that as often as concerning the â—ame hee should have a Writ or other Commandement of our Lord the King he would make deliverance thereof which otherwise he would not do voluntarily Item afterwards the said John Botild and William Cooper did put in the Bils in form which followeth To our Thrice doughty Lord the King and to his Sage Councell Sheweth John Botild of Lewistoft that the munday next after the Ascension of our Lord in the yeare of the raigne of our Lord the King that now is the nine and fortieth that there was chased by tempest in Kirke la Rode one Cockboat of Gotham in Pruse whereof the Masters name was Henry Luce charged with divers Marchandizes of the Marchants of Pruse that is â—o say Freeze and other marchandizes And the same day William Savage Clerke and servant to Wil. Ellis by commandement of the said William Ellis tooke of the said Cockboat for the marchandizes neither discharged the same from paying custome then 17 nobles and a last of leather the price of the last 10 pounds 16 s. at Lewistoft before the boat went out of Kirke la Rode to the great danger of the said Marchants And because that the said William Ellis knew that Wil. Cooper would come to this Parliament and shew this grievance others in aid of the Marchants and also set forth how the great Charter Huc Ang. might be amended in aid of the whole Realm the said Wil. by his false suggestion caused the said Wil. Cooper to be arrested and cast in prison for the space of 3 weeks May it please our thrice doubty L. the King his sage Councell to make remedy thereof in worke of charity Which Billes passed in absence of the said Wil. Ellis he saith that as to the said 17 nobles and skins called leather he could not sweare for him nor for any of the said Marchants of Pruse nor other whatsoever and the said John Botild and Wil. Cooper affirming the contrary at last it was said by the Lords in Parliament that those Billes touching the entry of the leather were now in the Kings Bench for Triall And as to the said Imprisonment the said William Ellis saith for that he was warned in coÌ„ming to London by many sufficient persons that the said John Wil. Cooper with 36 other persons of Lewist did lie in wait for the person of the said Wil. Ellis at Wickham market in Suffolke and going there in the high way of Gerneith from London at such time as the said W. was going towards London carrying with him a great summ of the K. money of the Customes Subsidies aforesaid and for that the said W. Ellis is awarded to prison to make fine ransom to our said L. the K. it is awarded to either of the said Iohn and William Cooper twentie pounds for their dammages and dispences during their said Imprisonment had and suffered Also it is awarded that the said Commissions be made to sufficient Gentlemen to enquire
he was called to the King where hee found the Lady Alice Pierce Nicholas Currein and many other Knights Esquires which came with him and there it was rehearsed by the said Nicholas how the King had shewed favour to Richard Lions of his Tenements which were holden by the Earle of Cambridge and Master Thomas of Wooâ—stock and had given him a 1000. marks of his Treasury And as to that which was don the said Dame Alice Pierce prayed the same Mr. Allen that hee would declare to the said Earles the Kings will his chargings upon the blessing of their father to cease to extend the Tenements of Maâ—ter Allen and that they doe it voluntarily if the King commanded them to doe so And forthwith at the instance of the said Alice the King commanded and it was also done And as to the Article of Master Nicholas Dagworth he saith that he knoweth nothing but that hee heard the said Lady Alice say many timâ—s that it is not reason nor Law that the said Mr. Nicholas who was enemy to Master William Windsor should bee sent into Ireland to make Inquisition of him or against him Item Will Street late controller of the Kings house sworne in like manner and diligently examined saith that he was one day at Havering when Williamâ—f Yorke spake to the K. of William Windsor in presence of the Lady Alice Pierce for to disturb the passage of Master Niâ—holas and the said Lady Alice said that it â—as not reason that one Enemy shoulâ— bee Iudge of another And moreover the said William Streâ—t saith in his consciâ—nce that the said Ladâ—Alice was principall and motrix of the said cause as he verily beleeves And as to the Article of Richard Lions he knowes nothing before it was all finished Item John Beverill sworne in like manner and diligently examined saith that he heard not at any time the said Lady Alice speake to the King concerning neither the one Article nor the other and that she kept her selfe well from him that she spake nothing in his presence but hee thinks in his conscience that she was the promotrix in the said businesse for hee knowes no other which could have followed that matter and notwithstanding they were caused to come before the said Duke and the said Earles Mr. Robert Beauchampe Master Allen Buxall Master Iohn Burle Mr. Philip de la Page Mr. Iohn Foxley and Thomas Barre Knight Nich Currein Iohn Beauchampe of Holt John Beverly George Felborough John Salisbury William Street Pierce Cornewall Thomas Lurden Lolvin Legat Esquires of the house of the said late King Edward which doe say upon their oathes that the said Alice was principall promotrix to the said King at his Court aâ—Havering about the Feast of All Saints in the 50. yeare of his Reigne concerning that Article touching the revocation of the said Nicholas Dagworth and for that she was committed Item as to the Article touching Richard Lions they know well that the said Alice was well willing councelling and aiding to the said busines prevailing with the said King at Sheeâ— in the moneth of May last past and for that she is found guilty in the same impeachment and the Lords of Parliament that were at Parliament when the said Ordinance was made remember that their intention was witnessed and bearing the force of a Statute and by the generall words whatsoever the said Alice may forfeit extend as well to the forfeiture of Lands and Tenements as goods and Chattells and all other possessions considering the dammages and villanies by her done to the King and to the Realme for that it was in effect to restraine and punish the said Lady Alice only wherefore it is awarded in this present Parliament that the said Ordinance have the force and effect according to the intent aforesaid that she be banished out of the Realm and her Lands and Chattels Tenements and possessions as well in demeane as in reversion be forfeited to the King and seised into his hand and it is the Intention of the King and of the Lords of the Ordinances assented to in the same Parliament that all the Lands whereof she hath taken the profit or bargained to her own profit be forfeited because of the fraud which may bee presumed in which shee is most abounding for which câ—use the same shâ—ll 〈◊〉 â—orâ—eited to the King and seised as the oâ—her Lands And it is the Intention of the King and of the Lords that this Oâ—dinance and award made by the King for such odious things in this especiall case which may extend to a thousand other persons shall in no other case but this bee taken in Example Likewise it is ordained and assented that notwithstanding the said forfeiture if she purchased any Lands or possessions by foâ—ce or dures Bee it by fine or by deed in pais or deed inrolled or otherwise that the purchase bee holden for nothing and that the parties which perceiv themselves aggrieved may have remedy by processe in Chancery and by advice of the GRANDIES of the Councell right shall bee done to the parties and restitution made according to the case demanded so that the purchases made bona fide be not made voide nor disanulled bâ— any manner of way Et istud rotulum sic factum scriptum tradidit liberaâ— it Edmundus Bradwell Clericus de Corona c hoc in Parliamento assig Clerico Parliamenti Ex. Rot Parliam Anno 7. R. 2. N 11. ITem It is to be understood that the 23. day of May there was present one Iohn Cavendish of London priâ—oner in this Parliament before the Commons of England in their Assembly in presence of some Prelates and Lords temporall there being and afterwards before all the Prelates and Lords being in this Parliament and prayed the Lords that for Goâ—s sâ—ke they would hasten for the peace and safety of his life that hee may have iufficient surety of the peace of those wheâ—eof hee complained and especially demanded surety of the Peace of Master Nicholas de la Poole Chancellor of England and this request to him was granted and thereupon by Commandements of the Lords aforesaid the said Master Nicholas there present found Sureties to be peaceable towards the said Iohn that is to say the Earle of Stafford and the Earle of Salisbury and the said Iohn rehearsed how at the last Parliament hee had made persuit by one Savill against Gibbon Mansfield Robert de Parry Iohn Hawkins and WILLIAM HORSMAN to have Restitution of certaine goods and marchandizes of great value left upon the Sea in default of the said Gibbon Robert John and William at the time when he had undertooke the safeguard of the Sea and of the marchandizes passing and comming from Sea for the time against all Enemies out of the power Royall which Bill was endorsed in the said Parliament he confessed and acknowledged in the Chancery for to discontinue and determine the matter by composition according to
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
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.