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A59090 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 Parliament rolles ... & and other good authorities ... : the recitalls of the French records in the 4th. chap., also newly translated into English ... Selden, John, 1584-1654. 1642 (1642) Wing S2434; ESTC R10915 70,579 178

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in North Dalton to serve for 7. yeares for fifty pound a yeare and that hee hath lost by the said Farme in the said time a 100. marks and further saith that the said Mannor with the ten markes of rent in Dalton altogether are extended as appeares in the Chancery but at 41. l. 9. s. 3. d ob And for that that the said Earle understands by the Earle of Kent who hath had the said two parts of the said Mannor together with the said ten marks at the value of 50. marks that the intire Mannor could not bee above the value of 50. pounds And further saith that the said Mannor with the ten markes are not worth more And that under a certain● paine saith that whatsoever person will sustaine the charges of the said Mannor sufficiently and pay him for the two parts 50. markes for aid and as to the third part bee it what it will let him give security to pay for the said Mannor with the ten markes of rent 50. l. per annum that hee will so lease it with all his heart ITem as to that impeachment of the Commons of a 100. pound pension out of the provision of Saint Ant●o●y and that the said Earle should sell the Lawes and put in an Example of Master William Thorpe c the said Earle answereth That the cases are nothing alike which the parties pleaded before the said Master William Thorpe as before their Iudge for the Lawes of England In which case no Iudges ought to take reward of any parties pleading before them But the s●id provision came to him with the help of Saint Pierce the Pope and not as a Chancellor or Iudge in this case but as Father and friend to John his son At which time a man knew not if the said Iohn had obtained it of the Popes favour or no Also faults were found by the Counsell of the said Earle in the Bulls of the said provision And from the same caus● the said Provisour by his friends of his owne accord profered an annuall Pension of a 100. and 60. pound for to leave suit in the Court of Rome by his said Sonne and for that hee should not impeach the Bulls that the matters before said were not done as before a Iudge but by way of composition as may bee prooved by instrument and by witnesses in this Towne and so this matter touched not the Lawes of England and alwayes the said Earle intended not but that hee should bee holden to answer to the party in this case And thereupon after the answers of the said Earle given to the Accusations of the said Commons and the replications to them made of one part and of another the said Earle at the request of the said Commons for the greatnesses of the defaults so of him surmised was arrested by Commandement of the KING and Commons in ward of the Constable of England and afterwards let at Liberty upon bayle And for that the said Earle alleadged not in his answer that hee observed the effect of his Oath in that hee swore that hee would not know nor suffer dammage nor disherison cleerely and expressely to the KING together with his owne lawfull advice and Councell and that hee should cause and purchase the profit of the KING by all that he could reasonably doe and hee held the premisses although hee were principall Officer of the KING knowing the Estate and necessity of the KING and of the Realme and did take of the KING such Lands and Tenements as is supposed in the Impeachment to him in the said first article surmised although he alleadged in his answer that the deeds to him so made were confirmed by full Parliament there is no such accord in the rolls of Parliament wherefore it is awarded that all the mannors Lands Tenements rents services fees advonsons reversions profits with their appurtenances by him so received of the K. ●e reseised reprised into the K. hand to have to hold to our L. the K. the lands chattells of the said E. from thenceforth is not the Intention of the K. nor of the Lords nor that this Iudgement extend in the Law to cause the said E. to lose his name and title of Earle nor of the 20. pounds a yeare which the King granted him to take of the Issues of the County of Suffolk by the name and Title aforesaid And moreover for that the said E. lately denyed that he was of the K. privy counsel when he demāded of the K. the said exchāge had acknowledg'd that before the exchāges performed hee was made Chancellor in which Office hee was bound by his Oath made in the forme aforesaid and hee so being sworne to the said Office tooke of the King the said 400. markes of Land by reason of the said Exchange agreeing to the said covenant of Exchange which hee also made before that hee was Chancellor in which Office hee was bound by his Oath And alleadged not in his said answer that the King gave him Mannors Lands and Tenements which are certaine and cannot very easily bee destroyed nor bee countervailed by the aforesaid 400. marks annuity which are leviable and demandable of the Customes and also as casuall and in divers cases there may losse insue It is awarded that all the Lands and Tenements so taken by the said Earle by the exchanges aforesaid bee resumed into the hands of our Lord the King to hold to him and his Heires in manner as hee held the same before the gift or deed in the said Exchange in which the Issues and profits aforesaid after the said exchange deducted if the said Issues and profits so taken after the Exchanges extend to a gr●ater value then 400. markes a yeare that then the King shall have the overplus of the Lands and chattells of the said Earle from thenceforth hereafter And it is therefore awarded that as well the said Mannor of Flaxflreet and the ten marks of rents aforesaid with the appurtenances bee reprised in the Kings hand to hold to him and his Heires as hee held the same before the gift to the said Earle so as the Charter the pardon and Confirmation of the purchase of the said fifty pounds of rent bee certaine in the hands of the King and his heires in firme as it was before the purchase and it was since to the said Earle and that the issues profits received or owing to the use of the said Earle as well of the said Mannor o●Faxfleet and the ten markes of rent as the Issues and profits of the said fifty pound of rent which he thereof had taken by reason of the purchase aforesaid bee levied to the use of our Lord the King of the Lands and Chattells of the said Earle from henceforth And as to the Article containing the Provisions of Saint ANTHONY for that the Master of the House of Saint Anthony in which the profits were taken as proved in England was a Schismaticke and taxed
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 Woo●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 Ma●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 tim●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 William●f Yorke spake to the K. of William Windsor in presence of the Lady Alice Pierce for to disturb the passage of Master Ni●holas and the said Lady Alice said that it ●as not reason that one Enemy shoul● bee Iudge of another And moreover the said William Stre●t saith in his consci●nce that the said Lad●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 a●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 Shee● 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 c●use the same sh●ll 〈◊〉 ●or●eited to the King and seised as the o●her Lands And it is the Intention of the King and of the Lords that this O●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 fo●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 b● any manner of way Et istud rotulum sic factum scriptum tradidit libera● 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 pri●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 Go●s s●ke they would hasten for the peace and safety of his life that hee may have iufficient surety of the peace of those whe●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
Clerk upon his Oath made in the case had fully excused his Master the said Chancellor that hee was not knowing of the said Obligation nor of the Covenant aforesaid otherwise then before set forth And for that also his said Officers Gibbon Robert and William were personally in this Parliament and examined upon their Alleageances to say the Truth of their part in this case answered expressely that they never gave any thing nor promised to give reward to the said Chancellor in private nor openly by themselves or any other person in the World the Lords aforesaid ●old the person of the said Chancellor for excused of whatsoever was comprised in the Accusation aforesaid And thereupon the said Chancellor prayed againe to the LORDS there for that as well the said Fishmonger had disavowed his Accusation in part and for that he might every way be excused thereof for any thing that could appeare to the Iudgement of every discreet person which heareth the said Accusation that for those words which the said Fishmonger had put in his Bill he the said Fishmonger might be arrested untill he had found sufficient sureties to tender him that which should be adjudged upon this matter and especially upon the false slander aforesaid which he had drawn upon him And therupon it was commanded by the Lords That as well the said Fishmonger as the said Clerke should be committed and so they were committed to priso● 〈◊〉 ●fterwards they were let go at large That is to say the said Fishmonger by the maine-prise of Thomas Spicer a●d Steven Skinner who w●re obliged body for bo●y to have the said Fishmonger from day to day before the Lords aforesaid or before whatsoev●r Judges should be assigned And afterwards f●r that the Parliament was drawing to an end and the Lords were also greatly busied there amongst o●her great businesses of the Realm The said Suit by the Pa●liament with all things therof was referred to the Iudges of the Kings Bench to be heard and determined as well for our Lord the King as for the parties In Schedula Record fact apud Westminsterium per Justiciarios c. ET postea die Martis proximo post octab Trin. viz. 14 die Junii Anno regni Domini Regis R. 2. post Conquestum 7 Robertus Tresilian capitalis Justiciarius in Banco ipsius Regis Robertus Belknap capitalis Justiciarius in Communi Banco Roger Fulthropp unus Justiciarius in Communi Banco vigore Commissionis Parliamenti dicti Domini Regis apud Novum Sarum ultimo tento fact authoritate ejusdem Commissionis unde in rotulo Parliamenti predicti mentio facta est specialis contra quendam Iohannem Cavendish de London Fishmonger qui Parliamento praedicto primo viz. Coram communitate regni Ang. Congregat. postmodum alia vite coram magnatibus ejusdem regni in eodem Parliamento de Michali de Poole Milite Cancellario dicti regni Iohanne Ottre Clerico ipsius Cancellarii de diversis misprisionibus sibi per eosdem factis ut asseruit graviter querelavit ipsum Cancellarium per hoc multipliciter accusavit aefamavit processi in hunc modum Imprimis viz. ipsum Iohann Cavendish Coram iisdem Iusticiariis apud Westminst. dicto 14 die Iunii assedentibus sibi tunc ibid. Hugone Seagrave Milite Thesaurario Angl. Magistro Walter de Shirlawe Custode privati Sigilli Iohanne Wal●ham Custode Rotulorum Cancellariis nec non Waltero Clopton Willielmo Richell Iohanne de Lockon serviend ipsius Regis venire fecerunt qui ibidem comparens de accusatione sua praedict. fact in Rotulo Parliamenti praedicti plenius irrotuletur cujus mat●ria una cum responsionibus per Dominum Can●ellarium in eodem Parliamento adhuc in excusationem suam datis prout continetur in Rotulo praedic pro majore parte recitat coram ipso Iohanne de Cavendish tu●c ibidem allocatum fuit per Iusticiarios praedic super hoc quaesitum fuit ab eodem si quid haberet pro se vel ulterius dicere sciret quare ipse poenam in Statuto contra hujusmodi defamatores edito subire non debeat maxime cum Idem Cancellarius se in Parliamento illo excusavit omni alio modo possibili se inde excusare est paratus qui quidem Ioh. ad hoc respondebat dixit quod ipse nunquam personam dicti Cancellarii in Parliam illo defamavit nec aliquid sinistrum sive inhonestum de persona ipsius Cancellarii clam vel palam in Parliamento ille dixit vel alias affirmavit quovis modo sed dicit quod quicquid per eum in hac parte fuerit hoc solum de praefato Ioh. Ottre Clerico ipsius Cancellarii in ista materia factum sententia verborum suorum ac modo forma eorundem nec non responsionibus ipsius Cancellarii aliorum ex parte sua hinc inde factis dictis ibidem debite ponderatis ulterius haben●a respondit ad hoc quod ubi praefatus Ioh. Cavendish dixit quod Justiciam coram dicto ●omino Cancellario praedict. prout alius praedict. Cancellarius allegavit in eodem Parlia. clare constare debeat cui cunque discreto intelligenti quod idem Ioh. Cavendish per accusationem suam praedictam ipsum cancellar. in eodem Parliam false defamavit Per quod consideratum est quod praefatus Ioh. Cavendish super defamatione illa convincatur idem cancellar. recuperet versus eum dāna sua et quod Ioh. Cavendish praedict. committitur prisonae Domini Regis ibid. moratur quo usque tam preafato Cancellario de damnis suis praedictis quam dicto Domino Regi pro fine competenti sibi inde debito plenarie satisfecerit Rotulo Parliamenti Anno 10. R. 2. M. 4. 5. IN this Parliament all the Commons with one accord and in one assembly came before the King Prelates and Lords in the Parliament Chamber complayning grievously of Michael de la Poole Earle of Suffolk late Chancellor of England being then present and accused him by demonstrance of word of mouth in manner following that is to say First that the said Earle being Chancellor and sworn to do the profit of the King purchased of our Lord the King Lands Tenements and Rents to a great va●ue as appeares by the Records and Rols of the Chancery against his Oath in tha● behalfe not considering the great necessity of the King the realm And moreover because the said Earle was Chancellor in time of the said purchase made the said lands and tenements were extended at a lesser value than they were worth per annum by a great summe to the deceiving of our Lord the King ITem the said Lords were assigned at the last Parliament to view and examine the Estate of the King and Realme and to declare their advice how the same may bee well amended and
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 Cou●cell sheweth William Latimer of the County of Dorset That whereas ou● 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 comma●●●● 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 T●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 suffici●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 ●ad Willi●m Latimer answered and said Tha● our Lord the King had committed the wardship of the Mannors Lan●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
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 accus●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 Stap●e of Callis against the Ordinances an● 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 thro●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
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 ric● 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 s●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 s●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 b●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 Goldsmi●hs of London came i● Parliament and havi●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 af●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 ●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 h●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 w●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 t● 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 ●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 Ipr● then Steward of the said King Edward William Street then controller of his house Allen Buxall
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 ●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 def●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 honou●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 ● 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 plea●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 ma●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 intendi●g then that it was against the Laws And if any man would have declared or informed the said E. that it had been prejudiciall to the King or his Laws he had not ensealed the same but would have repealed it and that yet thereof no dammage is come c. And as to the other Charters specified in the same Article he passed them by Warrant without ill intention or covin of his part in any point And further he prayeth that no new way bee put upon him otherwise then had beene used aforetimes upon any Lord or such Officers understanding that of the Chancellor
make a patent against reason or law That such patent shal be repealed and such Iudgement reversed Without inflicting other punishment upon such Officer o● Iudge And the Commons replying to the Answer of the said Earle concerning the first Article did shew to the Lords the copy of his Oath made when he was created Chancellor in manner as followeth YOu shall sweare that well and loyally you will serve our Lord the King and his people in the Office of Chancellor and shall do right to all sorts poore and rich according to the Laws and Usages of the Realm and lawfully shall Counsell the King and his Counsell shall keep And you shall not be privy nor suffer any dammage nor disherison to the K. nor that the rights of the Crown be taken away if you can any way hinder it and if you cannot hinder it you shall make the same cleerly and expresly known to the K. Together with your loyall Advice and Counsell and you shall cause and purchase the profit of the King by all that lieth in you to do reasonably so helpe you God and his holy Gospell ANd praying that the same might be read well understood and the circumstances of the said Answer considered viz. That he had not denied that he received of the Kings gift after that he was made Earle being in the Office of the said Chancellor divers Lands and Tenements which are certai● and sure of the value of 400 marks a yeare which he hath had upon the Custom of Kingston upon Hull which are casuall may deceive the King to his dammage in that behalfe And how he said that he had received part of the ●●id Lands and Tenements so taken ●n ●xchange before he was Cha●cellor The Commons say that he was then of the privy Councell and afterwards sworne in the creation of the Office of Chancellor by the aforesaid Oath and he in that Office agreeing to the exchanges takes and receives the remnant of the said Lands and Tenements in full performance of the exchanges as by his Answer in Parliament aforesaid ANd in Answer to the second Article the Commons replying say That insomuch as he acknowledgeth in his proper protestations That he represented the Estate of the King while he was Officer and so extends his power upon all others wherfore although default was in others he cannot therefore be excused and especially of that which the King had commanded him to speake in Parliament as he had said he was the more bound to put the said matter in execution and to confesse what he denied not the dammages are no lesse than they have surmised They pray the Iudgement of Parliament ANd as to the Answer of the fourth Article the Commons replying say That it shall be found of record in the Exchequer the aforesaid Tydman to be debtor to the King in great summs as they suppose and for that cause the said rent appertaines to the King notwithstandi●g he had otherwise forfeited and so the King was deceived and they pray that the records may be examined And further say That one Neele Hackney was killed by his wife and his servant and the said Tydman for which felony the said woman and servant were arraigned found guilty and suffered the Iudgement and execution of the Sentence of the Law and the said Tydman as followeth ANd to the Answer of the fift Article the Commons prayed again proposing the example of one William Thorpe late Chief Iustice of the Kings Bench surmising that he tooke 20 l. of one party who had an Office in plea before him and for that he sold the Law for which cause he was judged to death forfeiture of his Lands and Chattels and say insomuch as the said Earle was so Chancellor and tooke 100 l. c. of the said provision there commanded to be delivered out of the Kings hands of his profits which hee ought to have done according to the command of the K. freely without taking any thing it seemeth to them that hee hath sold the Lawe and prayen Iudgement ANd to the Answer of the sixt Article the Commons replying said That it appertained to him as wise as he is to be well advised and counselled that he assent not nor do such a thing which may tend to the disherison of the King and oppression of his people as he would avoyd the Indurance of the Iudgement of Parliament ANd thereupon the said Earle replying to the Replication of the Commons touching his oath said That to take the words of the said oath without other speciall Intendment no Chancellor heraftet will inseale any thing of the Kings grant to any persons of Lands and Tenements or other Goods without offence of his Oath But the said Earle saith That it is not comprised in the said Oath nor forbidden him to take to himselfe of the Kings gift nor to any other person And for that the Kings gifts to other persons in the said voyage nor of divers other things before be not impeached not holden against the Oath of the Chancellor it seemeth to him that no more he ought to be impeached for the gifts given to his personall estate seeing that in the said Oath it is not forbidden nor restrained to him more than to others more especially for that the said Estate and the Gifts given are confirmed by Parliament and further saith that he accepted of his Oath of Chancellor according to his conscience and power and for the causes before expressed he saith as he shall answer before God that he thinks nothing done in the matters aforesaid against his Oath or understanding of his conscience but that the Chancellour may inseale the Kings guifts to the Lo●ds for to maintaine their Estate or for other reasonable cause by the Kings warrant and that hee hath done nothing against his Oath c. And saith that that which is comprised in the Oath that hee suffer no dammage not disherison of the King c. That is to bee understood of that which is intended of matters wherof the King hath not cognisance and that appeareth by the clause comprised in the Oath that hee shall make known to the King cleerely and express●ly And after that the King is informed in such manner the Chancellor may doe the Kings Commandement without offence of his Oath and s●ith that concerning his Estate and what the King gave him it was expressely done by the Commandement knowledge and will of the King and so not against his Oath and that it may not bee intended that hee should bee impeached concerning this matter ITem as to that that the Commons say that the said Earle hath deceived the King because he hath taken of the King the manner of Faxfleet in value 50. pounds which Manno● was worth 200. l. per annum c. The said Earle answereth that Master William Morris hath reported to him that hee hath taken of the King the two parts of the said Mannor with the rent