Kings officers in such case shall alledge in Parliament and say for their excuse that in that case such hardnesse and doubtfulnesse of the Law and rights did arise when the same was heard and propounded before them that neither he nor the Court of Chancerie or any other Court wherein he is an Officer were able or knew to attaine unto the safe determination of the right Then shall he open and declare the same Ambiguitie and doubt in Parliament then if it bee found that the Law was doubtfull in that Case the Chancellour or other Officer shall be held excused and then shall the high Steward of England together with the Constable of England in the presence of the King and other of the Parliament make choice of twentie five persons more or lesse according as the case shall require together with such other cases in that Parliament rehearsed amongst whom shall be Earles Barons Knights of the Shire Citizens and Burgesses who there shall ordaine agree upon and establish remedy by Law in all such Cases for ever after to endure And those Lawes shall be recited written and allowed in full Parliament and sealed with the great Seale and delivered forth to all places of Law and Justice from thence forward to be holden for Lawes and in publick places where it shall be thought expedient they shall be proclaimed and divulged whereas all other common Lawes and chiefly Statute Lawes throughout all the whole Kingdome ought to be publickly proclaimed If so it happen that there was in such like case either Cōmon Law or Statute-Law so that the Kings Steward and others of the Parliament may understand and perceive that such default and delayes in Processes and Judgement doe happen by such Officers when as the deceipt and malice of such Officer hath openly and often before beene apparant then shall he be removed out of his Office and some other fit officer shall be put in his place If they shall presume against the Justices and such other Officers as by excusing themselves shall say that they have not heretofore known themselves and the Courts whereby they are in such Cases to deliberate and take advisement Then shall they be admonished by the Steward on the behalfe of the King and the Parliament to studie and search better the Common Law that no such ignorance or negligence bee found in them in the like Cases afterward If they shall happen to offend in the like againe they then to be put out of their offices and other discreeter and more diligent persons shall by the King and his Counsell be assigned to their roomes Likewise it is the Stewards office if the King have evill Counsellours about him that advise him to doe things tending openly and publickly to his dishonour or to the dis-inheritance or publicke hurt and destruction of his people Then the Steward of England taking with him the Constable and other great estates and other of the Commonaltie shall send to such a Counsellour forbidding him in such sort to lead and counsell the King and of such his evill Counsell shall make rehearsall enjoyning him to depart from the Kings presence and longer not to abide with him to his dishonour and the publick hurt as is aforesaid which if he shall not doe they shall send unto the King to remove him from him and to give no more eare unto his Counsell for that amongst the people he is esteemed to bee an evill Counsellour to the King against his Subjects If hereupon the King doe not put him away againe and often shall they send aswell unto the King as unto him If at the last neither the King nor such Counsellour of his have regard unto the Messages and requests made unto them but shall refuse to doe thereafter Then for the Weale Publick it is lawfull for the Steward Constable of England noble men and other of the Commonaltie of the Realme with Banner in the Kings name displayed to apprehend such Counsellour as common enemie to the King and the Realme to commit his body to Ward untill the next parliament and in the meane time to seize upon all his goods lands and possessions till Judgement be pronounced of him by the advise of the whole Kingdome in Parliament as it happened unto Godwine Earle of Kent in the dayes of King Edward the Confessour next predecessour to VVilliam Duke of Normandie Conquerour of England who for such ill Acts and Counsels of his was deprived of his Earldome Escheted to the aforesaid King notwithstanding at the Kings and Noblemens permission Godwine came againe into England and did after forfeit as before And as it happened likewise to Hubert of Burgh Earle of Kent in the time of King Henry that was Sonne of King Iohn who for his evill deeds and bad Counsell was apprehended and by the high Seneschall and other Peeres deprived of his Earldome by the allowance and consent of the whole Parliament And likewise did it befall unto Pierce of Gavestone who in the dayes of King Edward the Sonne of King Henry for such his evill Acts and Councells was banished out of all the King of Englands Dominions as well on this side as beyond the Seas which Pierce of Gaveston afterwards by the Kings means and by the favour and permission of the Nobilitie returned into England and had of the Kings gift the Earldome of Cornwall yet was he after that for his evill deeds and Counsels banished the Realme againe by the Nobles and Commons and his aforesaid Earldome Escheated to the King but returned afterwards without the Noblemens leave and consent and did resort and associate himselfe unto the King as before he had done which when the High Steward Constable and others of the Nobilitie understood he was by them apprehended and beheaded at Blacklow in VVarwick-shire as a publicke enemy to the King and to the Realme So have you as much as in the said old Booke is to be seene touching the Office of the High Steward of England After the death of any King or Queen absolute of this Land the high Steward of England by vertue of his Office sitteth judicially and keepeth his Court in the Whitehall of the Kings Palace at VVestminster neere unto the Kings Chappell and there receiveth the Bills and Petitions of all such of the Nobilitie and others as by reason of their tenure as or otherwise claime to doe services at the new Kings Coronation and to receive the Fees and allowances therefore due and accustomed As did Iohn Duke of Lancaster Earle of Leicester high Steward of England c. at the Coronation of King Richard the second and Tho. Pierce Earle of Worcester who exercised the same Office of the Coronation of King Henry the fourth as substitute and Deputie to Thomas the Sonne of the said King Henry then being very young unto whom his Father had assigned that Office being parcell of his owne inheritance who before hee had obtained the Crowne was not only Duke of Lancaster as
lawes and rights of Normandy he caused to be observed and amended all that was not right done by the Bailiffes whom he removed from the Prince his service if he saw it expedient so to doe He was once to visit the Prince his forrests and inclosures to keepe Courts of the forrests to enquire how they were used their customes he commanded to be observed delivering right to everie one as the same by antiquity grew due or by Charter had been confirmed unto them so discreetly conserving the Prince his rights that in the observation of them he notwithstanding hurt none of his subjects Such as upon diligent enquirie he found faultie and to forfeit within the forrest either in trees or in wilde beasts or in free fowle he was wont to punish by the purse or for want of ability that way by long imprisonment He chiefly gave his minde to keep the countrey in peace and so wandrlng hither and thither throughout Normandy once everie three yeares did visit all the parts and Bailiages thereof To him it belonged to make enquiry in every Bailiage of the excesse and wrongs done by the under Justiciers and likewise of common robbers of violent deflowrers of Virgins of murthers of burnings and of all those things which belong to the pleas of the sword whereof peace and reformation had not been had in courts Of all other criminall facts he likewise diligently searched and upon enquiry caused justice to be done throughout he caused enquiry to be made of treasure digged under ground of wrekes cast upon sand and other the Prince his rights the removing of waters and the stopping and hindering of their courses did he reduce unto their old forme so as their passage might be hurtfull to no body if any man were minded to turn the course of any water running thorow his own groūds the banks whereof on either side were siituated within his own fee he might lawfully do it so as the said water when it passed out of his ground might be cōveyed into his old channel without any mans hurt or hinderance It is to be understood notwithstanding that none may stop the course of any ordinary running streames within his banks or ditches longer then from the rising to the going down of the sunne Neither may any one stay the course of waters with any new ponds diches or sluces but shall permi◠thē to run their course lest the mills standing upō their streams And Or men in their affairs Tanners Diers and such like should thereby suffer losse and detriment If any shall stay them for the filling up of his pools or ponds they shall be bound to restore such losses as the Milners or others living by the passage of those waters shall have sustained by the with-holding of them and waters shall be suffered to run their accustomed course No man may erect a Fishing or build a Mill unlesse the water-banks on either side be within his own Fee wherein he hath Liberties Weares or other such like things for fishings may not be made in running streams because by them oftentimes the waters are corrupted yet notwithstanding they may bring the waters by Ditches and Trenches out of the running River into their grounds so as the same return not back into the running stream It belongeth also unto the Steward to cause the bounds and limits of Towns and Villages the streets and paths to be revoked to their antient state and to see that old accustomed highways be opened for no man may in these cases alledge for excuse any lett or hinderance wherefore he ought not to make amends unto the Prince As for towne ditches and common streets which serve to no private persons possessions but are common unto all If they be by any usurped or incroached upon they ought to be restored to the common benefit and they that doe occupie them ought not to escape punishment All these things appertaine unto the Office and charge of the Seneschall for the due execution whereof there needeth not neither plea nor assise but wheresoever he found cause and he did therein and provided as he saw needfull and expedient This farre-forth is the High Stewards office described in the old customarie booke of the Dutchie of Normandy from whence came the first institution of the same with us in this Kingdome established no doubt with no lesse authoritie and priviledge here under the Kings of this Land then the same was then practised under the Dukes of that Duchy whereof there is an especiall title written though nothing Clerke-like among other matter in an old booke of Parchmine belonging as it is said unto the learned Lawyer and skilful Antiquarie Master William Fleetwood Esquire one of the Serjeants at the Law and Recorder of the Citie of London which word for word followeth Here is shewed who is to be High Steward of England and what his Office is THe Seneschallie or high Stewardship of England belongeth to the Earledome of Leicester and of old time did thereunto appertaine And it is to be understood that it is his Office under and immediatly after the King to oversee and governe the whole Kingdome of England and all the Offices of the Justice within the same Kingdome in all times both of Peace and Warre in manner following The manner how and when the Lord High Steward ought to exercise his Office by duty and Oath of Fealty is such VVHensoever any man or woman shall come into the Kings Court in whatsoever Court it be and possibly unto the K. himselfe to seeke for redresse against injurie done unto them and he or she be not able in due season to obtaine remedie Then the High Steward of England ought and is bound to receive their Petitions and complaints and to keepe them untill the next Parliament then after to be holden and to assigne unto such Complainants if he thinke good a day wherein they may exhibite and prosecute their Petitions and in full Parliament in the presence of the King to reprehend and blame that Officer or those Officers who ever they be that so have failed in doing of Justice and those thereof call to accompt unto whom in such cases every one throughout the Kingdome is bound to answer the King onely excepted If the Chancellour of England have failed of making originall remedy and amends and the Justices Treasurers Barons Chamberlain of the Exchequer Steward of the Kings house Escheators Coroners Sheriffs Clerks Bayliffs other officers of what places and respects soever they be in their Processes Judgements Executions of Judgements and Justice to be made to the favour of th' one losse of th' other party for gifts bribes or other procurements shal fail or give over at the least-wise if any Justicier when as both parties pleading before them shall stand in Judgement shall by such false procurements deferre judgement contrary to Justice and the Lawes and customes of the Land If then the Chancellour of England or any other of the
CERTAINE OBSERVATIONS TOVCHING The two great Offices of the Seneschalsey or High-Stewardship and High-Constableship of ENGLAND LONDON Printed for L. Chapman Octob. 17. 1642. CERTAINE OBSERVATIONS TOUCHING The two great Offices of the Seneschalsey or High-Stewardship and High-Constableship of ENGLAND THe Seneschalsey or High-Stewardship of England is known to be the greatest Office in England by reason of the authority it hath over all other Officers which since the Norman Conquest hath long continued by descent inheritably in the Family of the ancient Earles of Leicester was after translated to the house of Lancaster and by K. Henry the fourth of that stock when he had obtained the Crown was incorporate into the same as all other the honours Lands and hereditaments of that house were For the plainer manifestation thereof it will serve wel to the purpose before the Office it selfe be described to shew the first institution thereof and to recount in order the succession of the Officers whilst it passed inheritably It is therefore to be understood that amongst the persons of chiefest account which entred this Kingdome with D. William of Normandy and were assistant unto him in the conquest thereof one Hugh Grauntmesuell a Baron of Normandy was of special reckoning whose father Robert of Grauntmesuell one of the chiefest Noblemen of all Normandy reteined at home with him for his own comfort and for the preservation of this stock the elder of them named Robert who succeeded him in all the inheritance of Normandy but sent with the Duke his second son called Sir Hugh of Grauntmesuell who so demeaned himselfe in the enterprise that when by conquest and strong hand the whole Kingdome was subdued by the Normans their Duke regarding the good service of those that adventured and laboured with him forgot not the praiseworthy desetts of this Nobleman whom therefore he rewarded liberally with sundry great Territories and portions of Land in many shires of the Realm as namely with those great Lordships Peberworth Merestone Quenington Weston and Wileot in Glocestershire with divers Lands in Ferendow Meristow Thorp Welington Staverton Mereford Newbottle Middleton Sutton Biveld Wodeford Edgdow and Ceroilton in Northamptonshire with Wichingston and Hinkley in Leicestershire with divers Lands in Edwolton and Sandy-acre in Nottinghamshire and with Ley in Suffolke as appeareth by the record in the Exchequor commonly called Domesday Moreover he made him high Seneschal or Steward of the whole Kingdom according to the Norman usage a dignity never heard of in this Land before did further advance him in marriage with a great Lady inheretrix of sundry possessions named Adalisa or Alice on whom he gat two daughters his heires the elder of them called Petronelle or Pernell was married unto Robert Earle of Leicester surnamed auecles blanches maines that is Robert with the white hands that was the son of Robert le Rossa Earle of Leicester who was son unto Robert of Beanemount Lord of Pont Adomare and Earle of Mellent in Normandy brother to Sir Henry of Newburgh the first Earle of Warwicke after the Conquest unto whom the said Pernell brought the one moyity of her fathers possessions and withall for increase because she was the eldest daughter together with the honours of Hinckley the Office of Seneschalsie or Highstewardship of England which were not partable as the other inheritances were The yonger of the said Sir Hugh Grauntmessuels daughters called after her mother Adalisa was given in marriage unto one Roger Bygot a Norman with the other moyity of her fathers possessions unto whom she bare divers sons and daughters from the eldest whereof named Hugh Bygot that was the first Earle of the East-Angles of this family containing Norfolk and Suffolk the other Bygots that were after Earls of Norfolk are lineally discended between which two families contention had often been about the Office of Stewardship whereof in this place to note what is set down in the record of the Exchequer called the red booke is not impertinent to this purpose where it is said that on the Sunday before Candlemas-day in the 20 yeere of the raigne of K. Henry the son of K. Iohn commonly called K. Henry the third at the Coronation of his wife Q. Elenor that was the Earle of Provinces daughter Simon of Mountford then Earle of Leicester and high Steward of England lineally descended of the before-named Parnell being ready the day of the Coronation to execute his Office of Highsteward which by right appertained unto him was forbidden and gainsaid by Roger Bygot then Earle of Norfolk who being descended from the before named Adalisa the yonger of Sir Hugh Grantmesuels daughters alleaged that it was his right to exercise that Office which controversie as also divers others then moved was heard judicially before the King unto whom Earl Simon replying answered that it was true that contention had been heretofore moved between their Ancestors for the same matters in the daies of King Iohn the Kings father which was compounded and pacified for the service of ten Knights or rather ten Knights fees given by the Earle of Leicester unto the Earle of Norfolk who therefore released all his title and right to the Highstewardship Whereunto because Earle Roger of Norfolk alleaged that there rested of these Knights feet two and a halfe to be assigned unto him Earle Simon made answer that he might well recover them with the Arrerages by the Laws of the Land in the Kings Court and ought not therefore to hinder him in the execution of his Office seeing he acknowledged the former accord and by vertue of the same was already in quiet possession of seven Knights fees and a half And so was Earle Simon by the Kings own doom and sentence admitted to the quiet exercise of the Seneschalsie at the same Coronation And now to return where we left Robert Earle of Leicester that wedded Dame Parnell was high Seneschall or Steward of England and was the man for whose greatnesse of stomacke the walls of the Town of Leicester were rased to the ground because he took part with the yong King Henry against his father K. Henry the second as histories make mention begat on her sons and daughters and after in K. Richards daies the first warring in the holy Land was slain at the siege of Acon in the yeere of our Lord God 1190 whose eldest sonne Robert suâ—mmed after his mother Fitz-Parnell was after his death Earle of Leicester and high Steward of England of whom many worthy acts are by histories remembred both of his prowesse in the field and fidelity to K. Richard the first with whom he continued as a most faithfull companion during the Palestine wars was partaker of his evill fortune by being taken there prisoner compelled to pay for his redemption 1000 Marks of Silver and therefore constrained to sell his Castell of Plasey in Normandy But to be briefe and not to stay upon the Narration of these things It serveth onely to the purpose to note that