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
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
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
Dei Nomine Amen Cum de Jure consuetudine regni Angl. ad Archiep. Canterbur qui pro tempore fuerit nec non caeteros suos suffragandes Confratres Coeptis Abbates Priores aliosque Prelatos quoscunque per Baroniam de domino Rege tenentes pertinet in Parlimentum Regis quibuscunque ut pares regni praedicti personaliter interesse ibidemque de regni negotiis aliis ibi tractare consuetis cum caeteris dicti regni paribus aliis consulere ordinare statuere definire ac caetera facere quae Parliamenti Tempore ibid. incendet faciend in quibus omnibus singulis nos Willielmus Cant. Archiepiscopus totius Angl. Primas Angl. Sedis Legatus pro nobis nostrisque Suffraganeis Coep confratribus nec non Abbatibus Prioribus Prelatis omnibus supradictis potestat eorum quilibet potestatur qui per se vel procuratorem si fuerit modo presens publicè expresse quod intendimus intendi volumus ac vult eorum quilibet in hoc presenti Parliamento aliis ut pares regni praedicti more solito interesse considerare tractare ordinare statuere definire ac caetera exercere cum caeteris jus interessendi habentibus eisdem statu ordine Juris eorum cuilibet in omnibus semper salvum verum quia in praesenti Parliamento agitur de nonnullis materiis in quibus non licet nobis alicui eorum juxta sacrorum Canonum instituta quomodo libet personaliter interesse eo propter pro nobis eorum quolibet protestamus eorum quilibet hic presens etiam protestatur quod non intendimus nec volumus sicuti de Jure non possumus nec debemus intendi nec vult aliquis eorundem in praesenti Parliamento dum de hujusmodi materiis agitur vel agetur quomodo libet interesse sed nos eorum quemlibet in ea parte penitus absentare in re paritatis nostrae cujuslibet eorum interessend in dicto Parliamento quoad omnia singula ibidem exercenda juris eorum quilibet Statu ordine in omnibus semper salvo Ad hoc insuper protestamur eorum quilibet protestatur quod propter hujusmodi absentiam non intendimus nec volumus nec eorum aliquis intendit nec vult quod habet processus habend in praesenti Parliamento super materiis antedictis In quibus nec possumus nec debemus permittitur interesse quantum ad nos quemlâ—bet eorum attinet futuris temporibus quomodo libet impugnentur infirmentur seu etiam revocentur Which Protestation read in full Parliament by the commandement of the King and Assent of the Lords Temporall and Commons In like manner make Protestation the Bishop of Duresme and Carlisle mutatis mutandis This was upon the occâ—sion of the appeale of Treason in the same Parliament commenced by Thomas Duke of Glâ—ucester and others against Alexander Arch-Bishop of Yorke Robert de Vere Duke of Ireland and others But although they thus absented themselves they made no proxy at this time to assent in their room as afterwards they agreed to do in cases of Iudgement of death But the first use of such proxies is in the 21 oâ—Rich the 2. neither at all are such proxies or assent of the Bishops For under H. 5. the Earle of Salisbury by Petition in the nature of a Writ of Error shewed that the Attaiâ—der of John the late Earle father to the Pâ—titioner in the second of H. the 4 might now be reversed and amongst the errors assigned one was that he had been adjudged sans assent in Parliament but it was in Parliament now adjudged that it was no error The Arch-bishops of Cant. and Yorke for themselvs their Clergy make Protestation not to consent to any Statute made in this Parliament Quatenus ea in restrictione potestatis Apostolicae aut in eversione Ecclesiae dignitatis tendere dignoscuntur which at their request was inrolled in Parliament yet an Act passed at that Time and is publique against the Popes giving of Benefices by way of provision in England In the beginning of Queene Elizabeths raigne when divers Acts passed touching matters of the Church as Service and Sacraments and Church-possessions c. the Bils passed Dissentientibus All the Bishops as it is especially entered in the Iournals with particular enumeration of all their names Whereunto may be added that assertion of the Iudges in that deliberation had under Henry the eight touching the power Royall in the Church as the words were reported That our Lord the King may well enough hold the Parliament by himselfe and all his temporall Lords without the spirituall Lords c CHAP. VI Their appointing Judges out of themselves for examination of Judgements and delayes of other Courts THis is given them by a Statute of Edward the third in these words Likewise for that many mischiefes are come c. That divers places as well in the Chancery as the Kings Bench Common pleas the Exchequer the Iustices assigned and other Iustices to heare and determine the Iudgements wherein have been delayes sometimes by difficulty somtimes by divers opinions of the Iudges and sometimes by other occasions it is assented established and agreed that of the Commons before said in every Parliament there be one Prelate two Earles and two Barons that shall have Commission and power of the King Which priviledge is now taken away from the Prelacy by Act of Parliament Anno 17. Car. to heare by Petition to them delivered the plaints of all those which complaine of such delayes or grievances done to them and that they have power to cause to come before them at Westminster or in any other places where the parliament shall be holden and the Courts of records and processes of such Iudgements as are delayed and shall cause to come before them the same Iustices who shall be there present to heare the cause and their reason also heard by good advice of them the Chancellor three Iustices of one Bench and of the other and others of the Kings Councell And in the same Parliament accordingly the Arch-Bishop of Canterbury the Earles of Arundell and Huntington and the Lord Woake and the Lord Basset were assigned to the same purpose and although the Iustices Chancellor Treasurer Privy Seale and others had before taken Oath c. Yet it was ordained that those of the Baronage assigned shall give them a new Oath and increase and diminish the Ministers of Iustice as they shall see Cause CHAP. VII Their Tenants of ancient tenancies being discharged of paying the charges of Knights of the shire THe Commons exhibite a Petition that whereas the Tennants of the Lords that did hold by Barony and summons to the Parliament might not be discharged of paying towards the expences of Knights c.
That the King would declare the certainty of it But the answer of it is onâ—y As at other times c. A like petition and answer is afterwards under the same King in a petition touching the same thing under Richard the 2 it is supposed that all ought to pay but those which come in Parliament by summons by writ and do stay there at their own charges c. In a Petition afterwards it is supposed that the Tennants of such lands as were immediatly held of the Lords of the Parliament contributed not to those expences but it is complained against and the answer is only Let it be as at other times and if that any found himself agrieved he should have remedy in the Chancery yet by a Statute which is not in the Rols of three yeares before the Tenants of the Lords themselves shall pay for such lands as of late times they have purchased before being contributary To this belongs that in Fitzherbert The villaines of Lords which come to Parliament shall not be therefore contributary to the expences of the Earles which come to Parliament And to this purpose the Lords may by Letters in their own names command the Sheriffe that he distraine not their villaines THE SECOND kind of their Priviledges Priuiledges or speciall Rights that concerne the Barons that have place in Parliament as they are every one single in their private estates CHAP. I. Touching the Oath and Protestation upon Honour ALL Oaths being either promissory or assentatory and the first being that which binds to a future performance of Trust The second that which is taken for discovery of a past or present truth The first kind they as occasion requir'd used in taking the oath of all the Barons for the maintenance of the great Charter and the like was under King John and H. 3 as also swearing of the Lords in ParliameÌ„t in the time of H. the 6. that they should not take parts in the great Controversie between the Earle Marshall and the Earle of Warwick and the oaths of divers Lords appointed for the keeping of the Parliament in 8 11 H. 4 where yet the Prince was not sworn being one of those appointed for the keeping of the ordinances Because of the highnesse and excellency of his honorable person As the words are in the Roll so under H. the 7. the Lords Spirituall and Temporal swoare in the Parliament to the Article of taking care for the preserving of the peace and under H the 8. to the Bill of Succession but under Richard the second the Arch-bishop of Canterbury challenged that neither he nor his predecessors were compellable to any oath but to the K. and this kind of Oath is frequently taken by such Barons as undertake the great Offices of the Kingdome and they are all liable to the like by their tenures by fealty and by Statutes of the Oath of Allegeance but of these kinds of Oaths for the Supremacy they are discharged by the first Statute that gives it and in the case of Essoynes wherein by the ancient Law the Essoiner was to sweare that the party Essoined should appeare at a certain day all Barons and Bâ—ronesses were excepted from the Oath and instead of the Oath they put in surety Ratio vero diversitatis saith Bracton talis esse poterit ut videtur quod ita nobiles dignae personae in warrantizatione Essonii non per se jurabant sed per procuratores scilicet plegios suos Assentary Oaths are in Cases of tryall by 12 or 24 witnesses defendants which proceed by Bill and Answer Plaintiffâ—s examined in actions of debt brought upon arrerages of accompt in cases of tryall by 12 they are discharged of the Oath that is in cases of tryall of their Peeres in which they answer guilty or not guilty only upon honour for in other tryals they have no part but are exempted from being impanelled in Juries Nisi eorum Sacramentum adeo sit necessarium quod sine illis veritas inquiri non possit and thence was it that some Barons under Edward the first of the Marches of Wales refused to swearâ— before the Iustices of Oyer and Terminer upon an Enquiry to be made by them and others of certaine outrages committed by Cilbert of Clare Earle of Gloucester against Humphrey of Bohun Earle of Hereford and Sussex those Barons were Joâ—n de Hastings John Fitz Raynold Roger de Mortimer Theobald of Weldon John Troger and â—efferey of Camvill to whom dictum est as the Roâ— saith ex parte Regis quod pro statu â—ure Regis pro conservatione dignitatis Coronâ— pacis sua apponit manum ad librum ad faciendum id quod eis ex parte injungetur qui omnes unanimiter responderent quod ipsi vel eorum antecessores hactenus in hujusmodi casu ad praestandum Sacramentum aliquid coacti fuerunt And afterwards the Oath being offered them they answered every one by themselves quod nihil inde facerent sine consideratione parium suorum Barons being witnesses in Cases of witnesses Examples are that they give in their Testimonies only upon Honour IN the Courts of the Delegates in the 3 of E. 6 in the proceedings against Gardiner Bishop of Winchester upon a speciall Commission from the King the then L. Chancellor and Marquesse of Northum and the Earle of Wiltsh and Bedfora are examined only upon their honor or somtime upon alleageance or fidelity to God the K. and this was upon the speciall priviledg of such persons for both by the Civill Laws and Common no testimony is taken regularly but upon Oath In Chancery in a Case between Jeffery and Jeffery and in another between Blighton and Dantrey Thomas Lord Buckehurst under Queen Elizabeth delivers his testimony only upon honour In the Court of Chivalery under Rich. the 2 in the great Case between Sir Rich. Scroope appellant and Sir Robert Gravenor defendant touching matter of Armes the Attestations taken by Commission from John of Gaunt the Earle of Darby the E. of Northumberland the Duke of Yorke and the Earle of Arundell are for ought appeares without oath for whereas others are sworne the Entry of their deposition is Pray and requests according to the right of Armes by the procurator of Master Rich. Scroope to testifie and say c. And amongst others the Earle of Devonshire was examined by Commission by Iohn Kentwood who in the returne of his Commission and the depositions certifies the Court that hee had swore all the witnesses there being none of the Nobility but only the Earle in his returne who was not sworne but spake in the loyalty of his Chivalery But in the multitude of witnesses of this cause divers Barons are sworn as the Lord Poynings the Lord Scales the Lord Gray the Lord Ruthen the Lord Basset To every of which names in the attestations is
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
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
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
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
Law and reason And further the said Iohn saith that hee being a Fishmonger hath preferred at the same Paâ—liament his Bill for that a Clerk and familiar of the Chancellor whose name was Iohn Otler undertooke that the said Fishmonger should the better have good helpe in his case of the said Chancellor before whom his busines depended who was to do Iustice to high and low which Clerk demanded copies of his Bills and demeaned the whole businesse that he delivered to him which when hee had viewed and understood he promised that for 40. pounds to the use of his said Lord and 4. pounds to his own proper use hee should have his busines welâ— graciously dispatched by his Lord without difficuâ—â—y upon this promise the said Iohn CaveÌ„dish was well agreed granted to pay him the said 44. l. in maÌ„ner as he should demand the same but for that he said he had not the sum ready in his hand to pay he obliged himself voluntarily to make payment well lawfully at a certain day â—o it was done and afterwards the said Fishmonger delivered to the Clerk certain quantity of Herring Sturgeon and other fish to the value of 9. or 10. marks to the use and behoofe of the said Chancellor in part of payment of the 40. l. aforesaid and 3. ells of Scarlet which cost him 32. s. he delivered to the said Clerke in part of payment of the said 40. l. which he promised And further the said Cavendish saith that although he had don so much and promised to give more to one person and another alwayes yet he found not long friendshiâ— aid fâ—vour nor succour in effect in the person of the said Chancellor in the said suit for all his cost and also he saith that a good part of all sorts came with him to the house of the said Chancellor to discourse of his matter where hee found there his Adversaries before him where hee encountred them in presence of the said Chancellor but if the said Chancellor be to bee punished for committing of this Affaire or no he knoweth not God knowes but he saith that true it is that at a certain day past the said Chancellor caused him to bee payed for his Fishes and that hee cancelled the Obligation and that the same was cancelled in bounty and conscience or otherwise to shunne a slaunder and reproach in the case hee knowes not now to say but saith for certaine that for the three Elles of Scarlet hee was not yet payed and thereupon the said Chancellor first of all before the LORDS and COMMONS answereth and saith That in this affaire and of all this matter hee is innocent in every degree And first of all as to that that is surmised of him by the Accusation hee now saith that the said Fishmonger had not beene delayed nor is yet delayed by the said Chancellor and that right and Iustice is done to him in the said Suit and that the Accusation containes no Truth and the said Chancâ—llor voucheth to witnesse all the Iudges and Serjeants of the Realme who were present in the Chancery many times when the said matter was pleaded betweene the parties which suit is pleaded to issue whereof part lieth in Iudgement and part remaineth untried so that nothing now remaineth to doe but to render Iudgement there of what remaineth in Iudgement and Traverses thereof have beene put in for difficulty and for other cause and that it is not Truth of the said Chancellor that the Fishmonger hath now said that hee could not have Iustice and that hee is unjustly delayed And as to the remnant of the Accusation now made the said Chancellor sweareth by the SACRAMENT of IESVS CHRIST that hee is utterly innocent and more thereof did never come into his Cognizance but in manner as hee hath said which is thus and saith that of late hee had speech with the Officers of his house to know the Estate thereof and for ordinary payment of those to whom for the dispences of his said House hee was a debtor and there first of all and before his Officers hee demanded how such a quantity of Herring and Sturgeon was brought into his said house and not by way of bargained-for provision and in what manner the same was spent in his house whereat he marvelled because he knew not the said Fishmonger and there withall he reckoned with his said Officers how such an obligation was also made by the said Fishmonger who had a generall suit depending before him and as soone as the heads of this matter was understood by him hee was much grieved and in passion did curse and sweare to his said Officers that hee would not eat nor drinke within his said house untill the said Fishmonger was payed for that which he had sent into his house aforesaid and the Obligation was utterly cancelled and defaced and thereupon presently was the said Fishmonger at his commandement caused to come in presence of the said Chancellor in the Chappell within his house where hee stayed for the present time when he was in London in the same Chappell where our Lord Iesus Christs Sacrament was continually he swore by the same Sacrament in presence of his said Clerk of the said Fishmonger that he was never bouÌ„d to do that which his said Clerk had undertaken that he touched nothing of the said Commodities before reckoned nor had knowledge thereof in private or in publick but by relation of those other Officers in manner aforesaid and that hee was never a partner to the said Covenant made thereof in any manner nor caused the said Clerk to take the same Obligation but caused the said Fishmonger to bee payed for his Fish aforesaid And the said Chancellor swore by the Sacrament of Jesus Christ that his excuse now given in contained full truth and that hee is ready to prove in whatsoever manner it pleaseth our Lord the King and his Noble Lords of the Realme there present to ordaine and the said Chancellor prayeth to the Lords aforesaid that they have due consideration to the Estate that hee beareth within the Realme by his Office of Chancellor that it may so please them to ordayne him due remedie and Iustice of the said Fishmonger concerning the defame and grievous slander which hee had brought upon his person in Parliament which is the most high Court of the Realme and could not accuse the said Chancellor of any thing in his complaint but onely the Clerk of the said Lord And for that the said Fishmonger disclaimeth in part his said Accusation and so denieth by his owne mouth that hee had not any bargaine with the person of the said Chancellor but with his said Clerk And also for that as well the said Clerk as the said Fishmonger thereupon examined acknowledged that the aforesaid Obligation was made to the said Clerk onely and in his name without naming the Person of the said Chancellor in any part and that the same
added Sworn and Examined And agreeable hereunto is the examination in the Case of Alice Pierce in the beginning of Rich. the 2. Barons answering to Bils as Defendants For Barons answering in Chancery as Defendants are divers presidents of such their answers in the times of H. the 7 and Henry the eight but there are none of that time that cleeres it whether they were sworne or no for the answers of that time as also of the time following till about the middle of Elizabeth or later are frequently filed without any Jurat to them BVt under Queene Mary in a suit by William Armer against Thomas Lord Wentworth touching the Inheritance of Copy-holders in Stepney the defendant presents in his answer with Master Sackfords hand to it who was his Councell And on the upper part of his answer wher Iurat is sometimes but rarely in that Age written These words are found this answer is made by councell and the Defendant not sworne by order of Court Then in Queene Elizabeths time the Lord Dacres being Plaintiffe against the Lord Buckhurst and Parker and Manwood these two defendants are sworne but not the Lord Buckhurst And afterwards the Lord Buckhursts answer is inscribed per traditionem Comitissae super honorem suum So the Countesse of Northumberland In virtute honoris sui agnovit responsionem suam esse veram as the entry is upon her answer at that time And in the Countesse of Rutlands case where she with Sir George Shaworth were Defendants about the later end of Queene Elizabeth The Dedimus potestatem was to answer upon his Oath super Evangelia as also a Dedimus towards the end of Queene Elizabeth was directed to Roger Bromeley and Richard upon the bill of complaint of one Brooke against George Earle of Huntington to take his Oath super honorem c. About which time also the Lord Eure put in his answer super honorem only to the bill of John Barnes and Robert Talbois In other Courts as the Starr-chamber and Court of Wards it was questioned in Queene Elizabeths time whether Barons being Defendants should put in their answers upon Oath and in the Court of Wards an Order was made in the Lord Mountagues case that they should and that so the course should be henceforth constant The like course hath beene held of late in the Starre-chamber as also in the Ecclâ—siasticall proceedings and about the end of Queen Elizabeths time in Chancery also the Lord Wharton by a compulsory order answered there upon Oath And within these few dayes the Earle of Shrewsbury was ordered to answer upon Oath to one Revell being plaintife there and divers Noble men have beene sworne to their answers in Chancery since the beginning of the King and some in Queene Elizabeths time also neither is the time of Queene Mary and Edward the sixt wholy without example but the summe of all seemes this that according to the clayme of the Barons in 20. E. 1. they were not anciently till about the end of Queene Elizabeth or the time of King James and of our present Soveraigne compellable to sweare to their answers for the first compulsory order falls in the 33. of Eliz. in the Court of Wards but that some of them taking no advantage of their priviledges in this case voluntarily tooke the Oath and others standing upon their ancient right put it in onely upon honour as also we see in that case of Gravenor and Scroope and Alice Pierce under Richard the first for it were not a speciall Priviledge it will fall out that in all the Examples where they were not sworne the Iudges committed great Injustice in receiving their answers and depositions without oath if they had not beene subject by compulsion to an oâ—th no otherwise then if a Iudge of the Common Law should admit evidence given to a Iury or take a verdict without Oath which were not excusable And a few examples of giving in their answer without Oath upon this reason are of great weight against many that shewed that they were voluntary sworne and these orders which were compulsory are of so late time and of so weak power that they cannot at all take any right from the Baronage which was before setled in them Examined as Plaintifs in actions of debt upon arrerages of accompts BY the Statute of 5. Henry 4. cap. 8. In actions of debt upon Arrerages of accounts the Iudges have power to examine the Attourney of the Plaintife or whom they please this examination was meant and hath beene practised upon Oath yet in action brought by the Lady of Abergavenny being a Baronesse against another in the time of Henry the sixt when the Counsell of the Defendant desired that the plaintife might be examined Cockanie the Iustice said that they should not doe well to make her being a Baronesse come to be examined And how ever the Statute were generall for high as well as low as the words of the bookes are yet hee saith the Law will bee otherwise and different betweene another common person Of the forme that was used in swearing of spirituall and Temporall Barons IN the forme of swearing the promissory Oath a difference hath been amongst the Barons of Parliament the Temporall Barons under Henry the 7. sweare with their hand upon the Booke the Spirituall with their hand upon their breast first the one tactis the other visâ—s Evangeliis Anciently this Oath was taken by the Lords in the house upon the Arch-Bishops crosse To this day the Spirituall Lords have challenged it sometimes have used to sweare visis onely as a thing to be done by the priviledge of the Church But there is the Testimony that shewes that all the Bishops in a provinciall Synode did sweare here their Iuramentum corporale which is tactis howsoever if it be a priviledge of Nobility in some other States or of Gentry to depose by writing without a corporall oath as in Bohemia Austria Bavier c. yet there is no sufficient certainty with us for aâ— establisht difference of forme in swearing CHAP. II. Tryall by Peeres IN all cases of Treason or felony or misprision of either of these offences a Temporall Lord of Parliament is to bee tryed only by his Peeres if arraigned by inditement per Judicium parium suorum or of 12. or more Temporall Barons of Parliament This holds as well in all cases made Treason or Felony by Statute as received anciently to be so by the Common Law as Iustice Stamford expressely affirmeth although usually in Statutes which make Treason or Felony a speciall clause bee inserted for Peeres to be tryed by their Peeres as also to the now tryall where perhaps more need was of such a clause upon the Statute of remainder made for tryall of offences committed by the English in Scotland It is added that if the Offender bee a Peere of the Realme then his