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
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
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
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
Ports of England Ibidem N. 21. ITem William Lord Latimer was impeached and accused by the vote of the said Earles of deceits extorsions gâ—ievances and other mischiefs by him and others of his faction and Covin during the time he stayed as well under our Lord the King in Brittaine when he was in Office with the King as otherwise in England the time that he was Chamberlaine and of the privie Councell oâ— the same our Lord the King First of all concerning that when the said L. Lat. had bin long Captain of Becherell and Officer of the late King Edward in Brittaine if before or during the peace or truce it was committed And thereupon it was proclaimed and published under the King through Brittaine that no English man nor other Forreigner shall take Wines Victualls nor other things of any persons Towns Castles nor of others except they pay presently for them nor shall they take or ransome any Person Town Fortresse or other place upon paine of what they may forfeit notwithstanding all which the said Lord Latimer and his Lievtenants and Officers caused to be taken by wrong and violence of diverse Gentlemen of the Countrey much wines and victuals to a great value without paying any thing and likewise ransomed many by oaths and in taking and receiving ransoms unto the summe of 4 millions and 3 thousand pounds whereof our Lord the King enjoyed nothing to the great dammage and villany of the King and oppression of his people and the said parts and against the Proclamation and defence aforesaid as in a letter made and sealed with the seales of many Lords of Brittaine calâ—ed Ragman and sent into England to our Lord the King aforesaid more at large appeared but the said Ragman could not be found in any sort nor any man knew how to say in truth what become of it and yet he at another time was accused thereof that he had taken at Becherell and Plimoyson from thence unduly 153 l. w. of gold whereof the King had never any part nor any restitution made thereof and the parties from whom those summes were taken preferred a Bill in Parliament in forme as followeth It is to is to bee remembered that the proofes of parties that were ransomed at Becherell and Plymoison during the time of Truce have paid so much to Master John port-Constable of Bechâ—rell for the Lord Latimer and to William his sonne and to Hugh Middleton Receiver of the said Town or to the Lord Latimer departed out of Brittaine The yearly summe 40 Franks And likewise the said Constables William and Hugh have received of the ransomes of such as were wont to bee ransomed during the Warre more moneys than would have well payd all the Souldiers of the said Town The summe 50 Franks And likewise the said Countrey of Brittaine have paied to the said Constables William and Hugh for the death of divers Gentlemen liege men of our Lord the King that were killed upon the land of Brittâ—ine The summe 30 Franks And likewise the said Constable and William his son gathered upon the Countrey of Brittaine to send Monsieur Gakes from Plimouth dates to England The summe 12 Franks And likewise the said William for that he lost 20 Marks in the Isle of Garnesey in a Ship put a fane and ransome upon the said Becherell The summe 1000 Franks And likewise Robert Ravenstons boy had stollen stollen a hâ—lf salt-seller of silver and therefore the Land of Brittaine was ransomed The summe 2 Franks And likewise the said Constables William and Hugh Receivers of the said Town had received divers times for victuals sold as salt wine beefe and other commodities to the summe of 1000 Franks to the great losse of your poore liege-men and to the Town of Becherell For by these extortions which they had borne and sustained by the horrible necessity of the poore people and likewise of the Gentlemen was the said Town lost Wherefore they beseech our Lord the King and his Councell to cause the said Constables William and Hugh to come and answer the aforesaid receits so that our Lord the King may be served of that which belongeth to him and that your poore liege-men that were in the defence of the said Town may be paid their wages for the time that they were in the said Town if so it be your pleasure And likewise the said Lord Latimer was impeached by the Commons of divers loanes made to the use of the King without cause necessary to the great losse and and grievous dammage of the King and more especially of a loane that was made of late to the use of the King by the counsell of the Lord Latimer Richard Lions and others of his covin of 20 thousand markes where our Lord the King was obliged to his Creditors in the said Case to pay again 30 thousand marks and that was done by covin of the said Lord Latimer and others that were privy with the said Creditors to have part of the said Gaine and to be parties to the said deed or without answering the said loanes for it was furnished in speciall that the said money was the Kings own taken out of his Chamber or Treasury and also the proper money of the said Lord Latimer and Richard Lions who appeared as if oppressed by the said loane and also for that by like Covin between him and the said Rich. Lions for their singular profit gaine he had procured and counselled our L. the King to grant many Licences by Patents and Writs to cause a great quantity of Wools skins and Leather and other things to be carried to parts beyond the Sea other then to Callis against the Ordinances and defences made before time in that behalfe to the destruction of the staple of Callis and of the moneyage there to the great dammage of the King and of the Realme of England and hurt of the Town of Callis and likewise that by such covin done betweene him and the said Richard Lions for their singular profit he had causâ—d to be put upon the wools skins leather and other marchandises of the Staple divers new Impositions That is to say of every sack of wooll passing other where than to Callis by such Licence 11 s. more against the Statutes and Ordinances thereof made and also for that by his singular profit and ill government betweene our Lord the King and his Realme they have had and suffered many other grievances losses dammages and villanies without number as the losse of the Towne of S. Saviour in Normandy of the said place of Becherell and of other Fortresses which might have been well saved and kept if the King had been well counselled And also concerning certaine Spies and other felons taken and imprisoned by the King and after delivered by the Lord Latimer of his own proper authority without the knowledge or pleasure of the King taking upon him and incroaching notoriously in doing these things upon the Royall power
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.