Parliament Numb 9. Whereupon the Prelates and Clergy being severally examined deputed for them all Tho. de Piercy But in ancient times in libro Mailicess Numb 9. which hath written somewhat largely of this Parliament It is said The Pardon 's granted to the Earls of Arundel were first repealed by the Assent of the Prelates for which he blames them much saying Dederunt ergo locum Praelati Judicio Sanguinis in hoc facto ita quod dubitatur à pluribus si incurrunt irregularitatem pro negotio memorato unde contigit quod propter istud minus peccatum consequentur nam exactum est ab iis vellent nollent ut Laicam Personam constituerent ad Judicium Sanguinis dandum in dicto Parliamento si necesse foret occasio emersisset I have perused all Judgments and Ordinances in Parliament and do not yet find one whereto any Exceptions were taken for the Absence of the Prelates and Clergy I find an Exception to the Judgment of the Exile in 15 E. 2. for that it was made without the Assent of the Prelates who were present and protested in writing against it And one of the Errors whereupon it was repealed is for that it was made without the Assent of them who were Peers of the Realm in Parliament But this Repeal was per duress force c. prout 1 E. 3. c. 2. So as this cannot be alledged for a Legal Precedent 5 H. 4. The Earl of Northumberland came before the King the Lords and Commons in Parliament The Lords made Protestation that the Judgment belonged to them only c. The Petition being read before the King and the said Lords as Peers of the Parliament unto whom such Judgments do of Right belong considering c. adjudged that it was neither Treason nor Felony c. Note That all this Parliament the Bishop of was Chancellor and he as Chancellor delivered the Opinion of the Lords when they had acquitted the said Earl of Treason Whereby it seems that He and the other Bishops were present at the Trial of Life and Death wherefore though the Record doth here say the Lords indefinitely we must understand the Lords Temporal only especially since they claimed the said Judgment to belong to them In 4 E. 3. Judgment was given by the Earls Barons and Peers as Judges in Parliament in point of Treason where the Prelates are not named and therefore understood of the Temporal Lords only This will be explained by the next of 7 H. 4. Rot. Process coram Domino Rege c. The King commanded the Lords Temporal Peers of this Realm to advise what Process to make and what Judgment to render against the Earl of Northumberland and the Lord Bardolph The Lords advised thereupon and reported their Opinions to the King The said Lords Peers of the Realm by Assent of the King Ordain That Proclamation should be made for the said Earl and Lord Bardolph to appear or else to be Convicted by Award of the Peers in Parliament The King did farther demand the Opinion of the said Lords Temporal touching the Archbishop of York unto whom the said Lords Temporal said c. The Commons prayed the King that they might have Cognizance c. Whereupon by Advice of the Lords Temporal the Returns of the former Proclamations were made at the Parliament-door for the said Earl and Lord to appear By Advice of the said Lords Temporal the Returns of the former Proclamations were examined the said Lords Temporal considered of the Errors therein By the said Lords Temporal with the Assent of the King by their Authority New Proclamation is granted the Return whereof is read in full Parliament before the King and the said Lords Temporal Whereupon the said Lords Temporal then being in the said Parliament by Advice and Assent of our Lord the King by their Authority in Parliament Awarded the said c. Convict of Treason Here all was done by the Lords Temporal from the first beginning of the Trial until the Judgment and yet the Judgment is said to be in Full Parliament notwithstanding the Spiritual Lords are not once mentioned nor intended to be present at any time whilst the Matter of Treason was handled §. 5. Touching the Presence of the Commons in Cases Capital I observe the Presence of the Commons to be necessary at the Parties Answer and Judgment in Cases Capital Now one Reason for the King's Assent and the Commons presence in such Judgments may be this Both King and People are to be satisfied for the death of the Subject therefore all Trials for Life and Death are publick in the full Assembly of the Court And how can it be said in Full Parliament when the Commons one of the States are absent For this purpose the Court of Requests called Camera Alba was prepared for such Trials where both Lords and Commons might meet more conveniently yet though the Commons were present at such times they had no Voice there But at their Return to their own Assembly they considered among themselves if the Proceedings were Legal and might come again and shew it and require a Rehearsing of that Cause as they did at the Judgment of the Duke of Clarence 18 E. 3. Nor are the Commons to be present when the Lords do consider of the Delinquent's Answer and the Proofs and do determine of their Judgment The Precedents are these 10 R. 2. Gomeniz and Weston were brought before the Lords and Commons seaux a la blanch Chambre and Answered on Friday 27 Novemb. and there they were delivered to the Constable of the Tower who was commanded to bring them again the next Morning In the mean time the Earls Barons and Baronets assembled and advised from the time that the said Answers were given in Parliament on Friday until part of Saturday to the hour of Three of the things touching the Answer aforesaid and then the Prisoners were brought in to the Parliament 10 R. 2. Rot. de Pardonatione Haxei 7 Febr. Anno praedicto Praedictus Tho. Haxei coram Nobis omnibus Dominis Parliamenti Nostri existentibus in Alba Camera adductus fuit Billa praedicta coram praefato Thoma ibidem per Praeceptum Nostrum lecta fuit Quaesitum fuit per Charissimum Avunculum Nostrum Ducem Aquitain Lanc. Seneschallum Angliae à praefato Thoma si ipse dictum praefatum Communibus tradidit 5 H. 4. The Earl of Northumberland was brought to his Trial on Wednesday Then the Commons were present but I do not find that they were present with the Lords between Wednesday and Friday when the Lords advised on the Earl's Petition This Record mentions not where the Assembly was Numb 7. H. 4. Quint. of his Reign After the Lords had Awarded Proclamation against the Earl of Northumberland and the Lord Bardolph to appear at a Day or Judgment to be given The Commons not being acquainted therewith they came and prayed the King they might
JOHN SELDEN OF THE JUDICATURE IN Parliaments A Posthumous TREATISE WHEREIN The Controversies and Precedents belonging to that Title are Methodically handled LONDON Printed for Joseph Lawson Bookseller in the Bail of Lincoln And Sold by the Booksellers in London A Scheme of the Method and Contents CHAP. I. PEers to render Judgment of Peers pag. 1 Qu. Whether the Spiritual Lords de jure are triable by their Peers p. 4 Touching the Nature of the Offences triable in this High Court 6 CHAP. II. In what Cases Judicature belongs to the Parliament 8 Of Judgment on Delinquents 10 § I. 1. Their Accusation by the Commons 11 Four manner of Accusations in Parl. ib. Precedents of their Complaints 1. By Petition 12 2. By Demand 16 3. By Impeachment 17 § II. 2. Accusation ex parte Domini Regis p. 33 Some Delinquents accused in Parliament upon Common Fame without proof of Witnesses 37 The Judgment Repealed 38 No Peer can be Indicted in Parliament 39 He may be Indicted out of Parliament and proceeded against in the next Parliament upon the said Indictment 40 § III. Qu. Whether S. R. Ferrars 4 R. 2. was Legally brought to his Answer in Parliam by Commandment of the D. of L. 44. Whether he being no Peer nor Baron could be Legally Arraigned in Parliament by Information ex parte Regis Ib. Question Resolved 45 How the Earl of Bristol's Cause could be heard in the House of Lords notwithstanding 35 H. 8. 46 The Usage in such Cases and Precedents 48 Whether in a Trial before Lords and Commons the Commons are to Sit with their Speaker 54 § IV. Accusation ex Mandato Domini Regis ib. The Earl of Northumberland's Case 5 H. 4. ib. The Lords Impeach not any to themselves because they are Judges 63 The Manner of proceeding against a Delinquent that absents ib. § V. Of Accusation by Complaint of private persons 66 The Fishmongers Complaint against the Lord Chancellor 7 R. 2. 72 The Lord Chancellor his Defence 74 Of the Complaint against Bishop Williams Lord Keeper 80 The History of the Appeal 11 R. 2. 81 The Lords proceed not against a Commoner but upon the Complaint of the House of Commons 84 Appeals abolished 1 H 4. c. 14. 87. CHAP. III. The Parties Answer 89 The Party accused to be brought to his Answer 95 An Answer required from the D. of Gloucester to certain Accusations though he were dead and Judgment given upon him 91 Another Delinquent found guilty long after he was dead 95 In what Cases the Party is to answer as a Freeman in what as a Prisoner 97 Things to be considered in the Answer 97 Variation from the Ancient Course 100 Touching Council allowed him 102 § 2. When Council shall be allowed him and when not ib. In Misdemeanors the Party may have Council to Answer 103 But the Earl of Middlesex was denied it 21 Jac. 103 The Parliament hath compelled a present Answer in Misdemeanors and without Council 107 The Mayor c. accused by the Scholars of Cambridge ib. § 3. The Replication 109 Where the Articles against the Delinquent are ex parte Regis there the Commons do not reply nor demand Judgment ib. Impeachment of the Lord Latimer 111 William Ellis Impeached 114 Lord Nevile Impeached by the Commons ib. CHAP. IV. The Proof By Examination of Witnesses 120 Witnesses produced by the Commons ib. A Committee for Trial of Alice Pierce 123 A Jurie in Parliament for Misdemeanors 125 G. D. of Clarence Arraigned 127 CHAP. V. The Judgment 132 § 1. It belongeth to the Lords only 133 The Commons have no Right to it ib. § 2. In what Cases the King's Assent is necessarily required 136 Necessary in Capital Judgment 143 In Judgment on Misdemeanors the King's Assent is not required 144 § 3. The King's Presence in Parliament 39 § 4. The Presence of the Lords Spir. ib. In Cases of Misdemeanor aff ib. Capital neg ib. The Protestation of the Bishops for ever 150 Whether they can be present not Vote 152 A Bishop being Lord Chancellor was present at the giving Sentence in Case of Treason 156 § 5. Of the Presence of the Commons in Cases Capital 158 The Precedents 149 Their Presence not necessary unless when they impeach 160 Whether they Sit if they are present 161 Of the Presence of the Judges 162 § 6. The manner how the Lords resolve on their Judgment 167 Whether it be ultra Legem 168 Judgments for satisfaction 173 References to the Common Law 175 By whom to be demanded 176 By whom to be rendred ib. CHAP. VI. The Precedents for Life and Death 178 CHAP. VII The Execution of the Judgment 182 In Capital Offences In Misdemeanors CHAP. VIII The Recovery of Damages or Restitution to the Party aggrieved 187. JUDICATURE IN Parliament CHAP. I. Peers to render Judgment on Peers THE Execution of all our Laws hath been long since distributed by Parliament out of inferiour Courts in such sort as the Subjects were directed where to complain and the Justice how to redress wrongs and punish offences And this may be the reason of the Judges opinion in Thorps Case 31. Hen. 6. Num. 37. That Actions at Common-Law are not determined in this High Court of Parliament yet complaints have ever been received in Parliaments as well of private wrongs as publick offences And according to the quality of the Person and nature of the offence they have been retained or referred to the Common-Law Touching the quality of the Person the Lords of the Parliament did not anciently try any Offenders how great soever the offence was unless he were their Peer As by that of 4 E. 3. N. 2. where when the King commanded the Lords to give Judgment on Simon de Bereford and divers others also who were not their Peers for the murther of E. 2. and the destruction of the Earl of Kent Son of E. the first A proviso and agreement was made and recorded in these words Et est assensu accord c. And it is assented and accorded by our Lord the King and all the Grandees in full Parliament That albeit the Peers as Judges of the Parliament have took upon them and rendred the said Judgment c. That yet the said Peers who now are or shall be in time to come be not bound or charged to render Judgments upon others than Peers Nor that the Peers of the Land have power to do this but thereof ever to be discharged and acquitted And that the aforesaid Judgment rendred be not drawn to example or consequence in time to come whereby the said Peers shall do contrary to the Laws of the Land if the like Case happen which God forbid 4 E 3. N. 6. This Proviso and agreement was made by the Lords and Commons and it had these respects First to satisfy the Commons that the Lords by these Judgments intended not to alter the course of the Common-Law and therefore they disclaimed that they had power
to do this and confess it was contrary to the Law of the Land Secondly to preserve their own Right to Judge none but the Peers in Case of Life and Death For then the Kings Steward is to sit in the Chancellors place and the Lords are to be Tryers and Judges And so by judging others then their Peers descended below their degrees For none but Peers are so to be Tryed and Judged It is otherwise in Cases of misdemenors then the Chancellor keeps his Place and the Lords are only Judges and not Tryers they may command a Jury to be Impannelled For Tryal of the Facts if the truth appear not by the Parties answer the Testimonies are Exhibited as 1 R. 2. in the Case of Alice Peirce Here ariseth a Question Whether the Spiritual Lords de Jure are tryable by their Peers or no Out of Parliament they are not to be Tryed by the Peers But the doubt is whether in time of Parliament they are to be so Tryed or no To me it seems they may if the matter be moved against them in time of Parliament For as it is in the Parliament at York 15 E. 2. in the Act for the Repeal of the Spencers banishment they are Peers in Parliament Note that the Petition for the Repeal saith that the Bishops are Peers in Parliament The Bishops name themselves Peers of the Land And the Chancellor to the King And the Act stile them Peers of the Land in Parliment There be divers Presidents also of the Tryal of Bishops by their Peers in Parliament as well for Capital offences as misdemenors whereof they have been accused in Parliament As the Archbishop of Canterbury 15 E. 3. N. 6 7 8. Et ibid. postea 44 39. Et ibid. 17 E. 3. 22. And the Bishop of Norwich 7. R. 2. for misdemeanors So were the Bishops of York and Chichester Tryed for Treason by their Peers in Parliament upon the Appeal of the Lords Appellants 11 R. 2. Anno 21 R. 2. The Commons accused the Archbishop of Canterbury of Treason and the temporal Lords judged him a Traytor and banished him But if the Bishop be accused out of Parliament he is to be tryed by an Ordinary Jury of Free-holders for his honour is not inheritable as is the temporal Peers out of Parliament save that only of their Tryal As no day of Grace to be granted against them in any Suit A Knight to be returned upon the Pannel where a Bishop is party and no Process in a civil action to be awarded against his body and the like And by this it appeareth what Persons are de Jure tryable by the Lords in Parliament viz. their Peers only Touching the nature of the Offence Herein the complaint and accusation as well of the Party delinquent as offence is to be considered For upon the Information of the King at his Commandment or upon complaint of private Persons the Lords may not by the Law try any but their Peers for Capital offences And the Lords have ever referred offences of other nature complained of by private Persons to the Common-Law if there be remedy unless some special cause appear fit for their own Judgment But upon complaints and accusations of the Commons the Lords may proceed in Judgment against the Delinquent of what degree soever and what nature soever the offence be For where the Commons complain the Lords do not assume to themselves tryal at Common-Law Neither do the Lords at the tryal of a Common Impeachment by the Commons decedere de jure suo For the Commons are then in stead of a Jury and the Parties answer and examination of witnesses are to be in their Presence or they to have Copies thereof And the Judgment is not to be given but upon their demand which is in stead of a verdict so the Lords do only judg not try the Delinquent In the Lords proceedings in Judicature is observed also a certain form which varieth according to the nature of the complaint and the matter complained of so that no general Rules can be given therein though many Judgments have been reversed for errors whereof there be many Precedents And the Execution upon life and death hath been stayed at the Request of the Commons the proceedings being illegal whereof I have seen only one Precedent touching the Duke of Clarence tempore E. 4. Wherefore for our better understanding of the Form of Judicature let us first consider the several causes wherein Judicature belongs to the Parliament and then the ancient way of proceedings in each Cause CHAP. II. In what Cases Judicature belongs to the Parliament JUdicature belongs to the Parliament in these six Cases 1. In Judgments against Delinquents as well for Capital crimes as misdemeanors wherein is to be considered 1. The Accusation 2. The Parties Answer 3. The Replication 4. The proof by Examination of witnesses or otherwise 5. The Judgment 6. The Execution 2. In the Reversing erronious Judgments in Parliament are to be considered 1. The Petition 2. The bringing in the Record 3. The Assignment of Errors 4. The Reversal thereof 3. In the Reversing of erronious Judgments given in the Kings Bench are to be considered 1. The Petition 2. The Writ of Error 3. The bringing in the Record 4. The Assignment of Errors 5. The Writ of Scire facias 6. The Defendants answer 7. The Reversal of the Judgment 4. In deciding of Suits long depending either for difficulty or delay wherein is to be considered 1. The Petition 2. The advice with the Judges 3. The determination of the Lords 5. In hearing complaints of particular Persons on Petitions wherein is to be considered 1. The Petition 2. The Defendants answer 3. The Proof 4. The Orders of the Lords 6. In setting at Liberty any of their own Members or Servants imprisoned and in staying the proceedings at the Common-Law during the Priviledge of Parliament wherein consider 1. The Quality of the Person Imprisoned 2. The Parties Answer at whose Suit he is imprisoned 3. The manner of his Charge In certifying the Elections and Returns of Knights and Citizens for the Parliament But now the Commons alone determine of this Wherefore I will only shew that the Commons did heretofore Petition to the Lords for redress herein and what course was then taken I leave it to the Clerk of that House to shew how the Commons proceed herein at this day Of the rest in Order And first Of Judgments on Delinquents § 1. In Judgment against Delinquents is first to be considered the Accusation For as in the Kings Bench the Justices proceed not to the Arraignment of any Offender without an Indictment So the Lords have not proceeded to Judgment unless the Crimes have first been presented to them by way of Accusation If otherwise their Judgments have been reputed erronious as that against the Spencers was in 15 E. 2. Rot. 2. claus lit penden For the same Persons cannot be both Accusers
and Judges I have observed four manner of Accusations in Parliament 1. First by the Commons either by their Complaints or their Impeachments 2. Secondly by Information Ex. parte Dom. Regis 3. Thirdly by Complaint of private Persons 4. Fourthly by Appeal of some of the Lords in Parliament which was abolished p. Stat. 1. H. 4. c. 14. The Accusation of the Commons The manner of Accusation ought to be by the Commons alone and not by the Lords and them together for so Earls Prelates Barons and other Peers of the Land and Commons of the Realm did accuse Hugh de le Spencer 15 E. 2. and one of the Errors assigned for the Reversal was that the Lords had no Record before them of the Causes contained in their Award vis Rot. claus 15 E. 3. in the Parliament at York The Reasons may be because the Lords joyning in the Accusation with the Commons have declared their opinion of the Fact and there needs no further Tryal thereof Wherefore the Lords who are only Judges may neither accuse any to themselves nor joyn in the Accusations with others The complaint of the Commons is either by Petition or demand in general or by Impeachment in particular which is their Declaration against the party accused Precedents of their Complaints by Petition are Anno 21 E. 3. n. 38. The Commons complain of Extortion used by certain Merchants who were Farmers of the Kings Customs of Wools not naming the Parties for which they pray remedy and that the said Merchants may be put to their answer in this Parliament for such outrage and distress done to the people Which Petition is thus answered Let the Merchants be called into the Parliament Et oient lour Respons In codem Parl. n. 49. The Commons in another Petition complain That whereas diverse aids have been granted to the King for his Wars certain Merchants by confederacy between them and in manner of usury have bargained for the same to the Kings great loss and the grievance of the Commons c. His people pray these Particulars may be examined in presence of some by the said Commons deputed by good wise and Loyal men during the Parliament The King shall assign some of the Sages of his Council to hear and determine the things contained in this Article And if any of the Commons can inform the King for his profit of any of the Points herein contained let him put it in certain and he shall be heard to the end that Right and reason may be done And the Justices which shall be assigned to enquire of false Mony shall have power to enquire of the excess of such Ministers Though these complaints were general yet they pointed so directly to the Parties accused that John de Worsenham and Walter de Chairton did exhibit their Petitions also in their own defence desiring to come to their Answers What further proceedings were herein is not recorded The Commons were directed to impeach the Parties whom they accused If any of the Commons can inform c. Let him inform in certain and he shall be heard c. So that although the Commons accusation by complaint be general yet if the complaint be received and the Parties brought to answer the Commons may then impeach the said Parties viz. declare against them in special and then the Suit is theirs prout Anno 50 E. 3. against Lyons Ellis the Lord Latimer the Lord Nevile Peecher and others But if the Commons do only accuse by any way of complaint whatsoever and do not declare in special against the Party accused then the Suit is the Kings and the Party is to be arraigned or otherwise proceeded against by commandment Ex parte Dom. Regis prout Gomeniz Weston and Alice Peirce 1 R. 2. Anno 1 H. 4. The Commons pray the Lords Apellants in the 21 R. 2. may be put to their answer and so they were 10 Placit Coron of that Parl. n. 1. 2. 3. c. Anno 29 H. 6. The Commons pray that the Duke of Somerset the Dutchess of Suffolk the Bishop of London and many others may be abandoned from the Kings Presence during their lives and not come within twelve Miles of the Court for that the people spoke evil of them The King of his own meer motion is contented that all shall depart unless they be Lords and a few of them whom he may not spare from his presence and so to continue one year to see if any man can misprove them n. 6. inter Petitiones Communium For this was no Accusation for the Commons did not require they might be banished the Court. Anno 38 H. 6. The Commons among their Petitions accuse the Lord Stanley of sundry Particulars as to be of confederacy with the Duke of York and pray he may be committed to Prison The King will be advised Primo Jac. 26 Maii. The Commons by message accuse the Bishop of London for words spoken of them in the upper House Of the other kind of complaint by way of demand I have seen these two Precedents only Anno 1 R. 2. The Subsidy to be treated upon between the Lords and Commons as the manner then was The Commons delivered to the Lords a Schedule of their demands to be dispatched before Treaty should proceed Amongst which one was That all such who without Cause have lost or given up any Castle Town or Fortress to the dishonour of the King and damage of the People may be put to their Answer before the Lords and Commons in this present Parliament The Complaint herein is general They accuse such as had delivered up Castles c. if it be an Accusation But they name not the Parties yet two Delinquents hereupon who were Imprisoned in the Tower for delivery of Castels c. were put to their Answer viz. Gomeniz and Weston Anno 7 R. 2. The Commons grant a Subsidy according to the Tenor of a Schedule indented delivered in Parliament requiring it may be enrolled in the Parliament Roll verbatim in which Schedule is this Protestation That it is not their meaning to grant the said Subsidy without the Conditions ensuing Inprimis That the Clergy make the like Grant Item That the Bishop of Norwich and others be compelled to answer such Sums as they have received for Service by them undertaken and not performed c. Numb 13. Here the Commons name one of the Parties against whom they complain but they impeach him not and yet he and divers others were censured on that general demand Of the Impeachments of the Commons there be these Precedents Anno 50. E. 3. The Commons having granted the Subsidy they protested their good will and firm purpose to aid the King and said That it seemed to them for truth that if the King had always about him Loyal Subjects good Councellors and faithful Officers he had been rich in Treasure and needed not have charged his Commons with Subsidies
that whereas he being Chancellor was bound by Oath to further the King's Profit and Commodity in all things He notwithstanding contrary to the said Oath and not regarding the King 's great necessity had purchased of the King Lands and Tenements to a great value procuring the same by reason of his Office to be Surveyed at an under value 2. Item Whereas at the last Parliament nine Lords were appointed to see and examin the State of the King and Realm which being done and their Advice delivered to the King as well by word as writing by what means the same might best be remedied The Chancellor promised in open Parliament that the same should be put in Execution which was not done through his default he being a Principal Officer 3. Item Whereas the Subsidy granted the last Parliament was appointed by the assent of the King and Lords in what sort it should be expended and not other ways employed in this was his default he being Principal Officer 4. Item Whereas John Tidman had a certain Annuity from E. 3. which he had since forfeited and the payment thereof was discontinued for the space of 20 or 30 years The said Chancellor knowing this purchased his Interest and procured the King to confirm the same unto him c. 5. Item That whereas the great Master of St. Antony being a Schismatic had thereby forfeited to the King all his Revenue within this Realm the same Chancellor had taken the same to Farm of the King for 20 Marks And whereas the Master should have livery thereof again he could in no wise get the same until he had bound himself to pay 100 l. yearly to the Chancellor and his Son 6. Item That during the time of his Chancellorship there had passed divers Charters of Pardon as well for Murders Treasons and Felonies as also for rasing of Rolls and imbezelling of Laws and Records and especially since the beginning of this Parliament a Charter of Franchises was granted to the Castle of Dover to the disinheritance of the Crown and to the Subversion of all the Places and Courts of the King and his Laws 7. Item That at the last Parliament divers Sums were allotted for the defence of the Town of Gant notwithstanding the same Money was lost c. by his default c. Of all which Articles the Commons demand Judgment of the Parliament c. I have been long upon this considering all the Precedents follow at large These are the most formally set down of all the Accusations hitherto of the Commons yet most of these are very general and uncertain Howbeit the Chancellor took no exceptions to the insufficiency thereof but answered to every particular The next Accusation of the Commons is 11 R. 2. in the 21. of the King they accused divers of those whom the Lords had first appealed whereof when we speak of all Appeals Anno 21 R. 2. the Commons accused and impeached of Treason the Archbishop of Canterbury Numb 15. and demanded Judgment against him and had it Numb 16. Eodem Parl. The Commons accused and impeached of Treason Tho. Mortymer and John de Cobham a Baron of Parliament and had Judgment against them both Anno 28 H. 6. William de la Pool Earl Marshal and Duke of Suffolk was accused and impeached by the Commons in manner following viz. The Duke being the great Favorite of the King and Queen the common People laid all the fault of the evil Government on him and made Ballads thereof which I have seen taxing his Loyalty to the King The Parliament of 28 H. 6. begun the 6th of November and held to the 6th of December and was then Prorogued to the 22th of January The Duke of Suffolk whether provoked by the Ballads then made on him or by some Speech in the House of Commons whereof nothing is recorded did require of the King that he might be specially accused and be heard to answer for that many reported him to be an untrue man and he made a solemn Protestation of his Loyalty wherein he sheweth that his Father and three of his Brethren died in the Service of the King and of his Father and Grandfather That he himself had served 34 years in the Wars being then but a Knight That he had been taken Prisoner and paid 20000 Marks for his Ransom That he had been 30 years of the Order of the Garter Chancellor to the King 15 years and had been 17 years in the King's Wars without returning home And he prayed God so to pardon him as he had been true to the King and required his Purgation Numb 14 15. Whether this was sent to the Commons or what notice they had of it appears not but on the 2th of January the Commons required the Duke might be committed to Ward for his own Confession for that as I concieve he himself confessed That the general Fame went of him And the Lords on Consultation of the Justices thought the same to be no good Cause of Commitment unless some special Matters were objected against him Numb 16. On the 28th of January the Speaker declared to the Lords how the Duke of Suffolk as it was said had sold this Realm to the French who prepared to come hither And that the said Duke for his own defence had furnished Wallingford Castle with all Warlike Munition And then on request the Duke was committed to the Tower On the 7th of February the Chancellor and some other Lords were sent by the King to the Commons a thing not usual but wherefore they were sent is not expressed happily to be informed what they could say against the Duke or to reconcile the business But the Commons delivered to this Chancellor and those other Lords a Bill of Articles against the Duke wherein they accused him of divers Treasons viz. For intending to marry his Son to the Heir of the Duke of Somerset and thereby for want of Issue of the King to claim the Crown For practising with the French c. Numb 18 19. and they require Prosecution against him Numb 17. March 19. The Commons delivered another Bill of less Offences against him Numb 28 29 30 c. requiring those Articles also to be inrolled and the Duke put to his answer These before recited are all the ancient Precedents I find recorded the following are of later times Anno 1 Jac. The Commons accused and impeached by word of Mouth Sir Giles Mompesson and Sir Fr. Michell Knights for many Oppressions done to the People They impeached them to the Lords at a Conference and afterwards delivered their Declaration against them First Concerning a Patent for Inns and Osteries Secondly A Monopoly for Gold and Silver Thread Thirdly Concerning a Patent of Concealments Eodem Parl. They accused Francis Lord Viscount St. Alban at a Conference of Bribery and Corruption in his Office of Chancellor They delivered no Writing but a Committee of the Lords having considered the Proofs and drawn up
They met at Westminster June 19. and were assisted by the Lord Treasurer Lord Keeper Lord Privy Seal the Master of the Rolls and the King 's two Serjeants c. and they called the Fishmonger before them and cause to be recited the said Accusation and the Chancellor's Answer and then demanded of him what he could say why he should not undergo the Penalty of the Statute against such Scandals especially whenas the Chancellor hath acquitted himself in Parliament and is yet ready to acquit himself by any way possible The Fishmonger denied that he slandered the Chacellor but the Clerk only c. The Commissioners considering the Accusation and Answer in Parliament and especially that the Fishmonger said he could not have Justice in his Cause before the Chancellor the contrary whereof was expressed and proved out of the Records of the Chancery They adjudged him guilty of Defamation and to pay one hundred Marks to the Chancellor and to be imprisoned until he could pay the same and a competent Fine due to the King It should seem the Lords could find no time to examine the Injustice he complained of and therefore referred it to the Judges Anno 6. R. 2. Octab. Mich. Numb 59. Divers Bills were exhibited this Parliament by the Mayor Aldermen and Citizens of London concerning the Fishmongers and the said Mayor and Aldermen and Fishmongers were present at the reading thereof where Nicholas Exton who spake for the Fishmongers prayed the King to receive him and his Company into his Majesties protection Numb 59. which was granted Numb 60. Then one Walter Sybil a Fishmonger craved Audience and said These Bills were not exhibited for any good zeal to the Commonweal but for meer Malice to the Fishmongers for that the chief Exhibiters of these Bills being commanded to prison for sundry Misdemeanors in the time of E. 3. were then imprisoned by certain of the Fishmongers who then were chief Officers in London for which cause Malice was born at that time Numb 60. To that one John Moore a Mercer answered The Citizens of London went to keep the Peace towards them unless they went about to let into the said City the Rebels of Kent and Essex as the said Walter and others did Numb 60. The said Walter Sybill took advantage of those words and desired the Lords to bear witness John Moore thereupon expounded his words saying as the Report then went and prayed the Lords that the Truth thereof might be further enquired of in the City There is one only Precedent of a Complaint made by a private person in the House of Commons and of the Commons proceeding therein against a Lord of the Parliament which was thus Anno 15. H. 6. Tho. Philips exhibited unto the Commons his Bill of Complaint against John Bishop of London for his long Imprisonment upon suspition of Heresie The Commons sent up the Bill being written in Paper amongst other to the Lords without any Message for ought appeareth upon Record On Monday following the Bill was read and the Lords Excogitabant That it did not belong to their House de talibus frivolis rebus consultare and returned it to the Commons Hereupon the Commons sent to the Bishop for his Answer in writing unto this Complaint which yet the Bishop did forbear to do until he knew the Opinion of the Lords herein and acquainted their Lordships therewith The next day the Lords answered all with one voyce Quod non consentaneum fuit aliquem Procerum alicui in eo loco responsurum Lunae 2. Martii In the Parliament begun at Westminster An. 16. Jac. Sir John Bowser Knight complained of the Bishop of Lincoln the then Lord Keeper but he was not compellable to answer before the Commons 10 R. 2. The Commons accused de la Poole openly in Parliament before the King and Lords unto which the Councellors made a good Answer in the Opinion of this Age yet upon the many Replications of the Commons and the enforcement of his Oath strictly against him he was Fined and Imprisoned c. In this Parliament also the Lords and Commons procured Commission unto certain of the Lords to enquire of the Enormities of the Realm and to redress them The King was so highly displeased with these Proceedings that on the last day of this Parliament being the 25th of November he himself protested that nothing done therein should turn to the Prejudice of him or his Crown Afterwards he sought all means to overthrow those Lords who procured that Commission viz. the Duke of Gloucester the Earls of Danby Arundel Warwick and Earl Marshal And at a Consultation thereupon he sent for the Chief Justice Tressilian and some other Judges and his Serjeants at Law unto Nottingham where on August 25. Anno 11. he propounded certain Questions containing all the points of Advantage against the Proceedings of the last Parliament which the Judges affirmed to be Treason under their Hands and Seals Then the King thought to proceed judicially against those Lords but they kept together with the Duke of Gloucester at Heringby with a strong Guard And the King sent for them and all doubts of danger to their Persons being first removed they came Novemb. 3. Anno 11. and kneeling before the King's Majesty he demanded why they were Assembled at Heringby-Park in warlike manner They answered for the good of the King and Kingdom and to remove certain Traytors from about him meaning the Lord of Ireland the Archbishop of York Michael de la Poole Sir Robert Tresilian and Sir Nich. Brembre And with that they threw down their Gloves and Gages of the Challenging to prove the same Unto which the King replied This shall not be done so but at the next Parliament which shall be the Morrow after Candlemas Day and then all parties shall receive according as they deserve In the mean time he conveys away the parties accused and acquits them by Proclamation then summoned a Parliament at Westminster Crast. Purificat 11 R. 2. Where these few Lords Appellants came well Armed which made the King unwilling to come amongst them yet at last he came Haec ex Ep. fol. 603. On the first Day of this Parliament the Duke of Gloucester one of the said Appellants kneeling before the King shewed That whereas he understood his Majesty was informed that he intended the Deposing of him and Advancing himself to the Crown he was ready to declare his Innocency herein in such sort as the Lords would ordain Whereupon the King answered He held him thereof acquitted On the second Day of this Parliament the said Appellants exhibited their Petition to the King concerning several Articles against divers Lords and Commons whom they appealed of Treason The said Articles being read in presence of the King and Lords in Parliament the said Appellants offering to make Proofs thereof required that the said Appellees might be called to Answer and for default of their Appearance demanded Judgment against them Hereupon
that Judgment 21 H. 6. against Sir Jo. Mortymer upon an Indictment of Escape out of Prison being committed upon suspition of Treason the said Mortymer's Answer is not recorded yet it is said he was brought before the Lords and the said Indictment read in his presence that he made an Answer unto it though not mentioned And this proves that the Party is to be brought to his Answer else Mortymer's presence had not been necessary Anno 7 R. 2. Numb 2. The Duke of Lancaster and Gloucester complained to the King That Sir Tho. Talbot with others conspired the Death of the said two Dukes and prayed the Parliament to judge thereof The Fact is judged High Treason and Writs sent to divers Sheriffs to apprehend him which Writs were retornable into the King's-Bench And upon Proclamation made in Westminster-Hall That upon the Sheriffs Return and the not-Appearance of the said Thomas he should be convicted of Treason and forfeit c. This was extraordinary in terrorem But what may not the whole Parliament do They may alter Law much easier than Form In the Answer is to be considered First In what Causes the Party is to answer as a Prisoner and in what as a Freeman Secondly When Councel shall be allowed him and when not Touching the First The Parliament hath guided their Proccedings therein secundum Legem terrae Judicium Parium According to the 2th Chapter of Magna Charta Nullus liber homo capietur vel imprisonetur c. nisi per legale judicium Parium suorum vel per legem Terrae And therefore in Causes Capital whether the Party accused be a Lord of the Parliament or a Commoner he is brought a Prisoner to his Answer secundum legem terrae prout 4 E. 3. Numb 1. c. The Lord Berkley accused by the King for Murder of E. 2. Anno 1 R. 1. Jo. Lo. Gomeniz and W. Weston Upon the Demand of the Commons for surrendring Forts beyond the Seas An. 4. R. 2. Sir Ra. Ferrers Knight was apprehended for suspition of Treason Anno 28 H. 6. Although the Lords refused to commit the Duke of Suffolk upon the Commons complaint of him of a common Fame of Treason yet when they accused him of particular Treason he was Committed and brought Prisoner to his Answer But in Cases of Misdemeanors it is otherwise then the Party accused whether Lord or Commoner answers as a Freeman The Lord within his Place the Commoner at the Bar and they are not committed till Judgment unless upon the Answer of a Commoner the Lords find cause to commit him till he find Sureties to attend c. lest he should fly prout Jo. Cavendish upon the Lord Chancellor's Demand of Justice against him for his false Accusation was Committed after his Answer until he put in Bail Anno 7 R. 2. And before Judgment And so Michael de la Poole the said Chancellor 10 R. 2. after his Answer and many Replies of the Commons was Committed and presently Bayled Anno 50 E. 3. William Lord Latymer and John Lord Nevill being impeached by the Commons answered in their Place so did the Bishop of Norwich and the Lord Chancellor 7 R. 2. And the said Lord Chancellor too 10 R. 2. answered in his Place though afterwards he was committed before Judgment upon Request of the Commons The Bishop of Bristol 1 Jac. and the Duke of Buck. 1 Car. 1. All these answered as Freemen in their Places their Offences not being Capital And the like Precedents there are of Commoners Anno 50 E. 3. Richard Lyons William Ellis and John Beecher did answer as Freemen being impeached by the Commons And whereas the Commons did that year also accuse Adam de Bury who was absent the Lords sent for him to come but he contemned their Authority and came not Then the Lords as it seemeth by the Record sent to apprehend him and he could not be found wherefore they awarded that all his Goods should be put in Arrest Ibid. N. 17. It is briefly entred Adam was sent unto to come and answer in Parliament he came not nor could be found Wherefore it was awarded c. Which is sufficient to prove A Commoner is not to be brought a Prisoner to his Answer for a Misdemeanor if he will appear 5 R. 2. The Mayor and Bayliffs by name and the Townsmen of Cambridge were complained of in Parliament for many Outrages against the Scholars there and the Lords sent one Writ to the Mayor and Bayliffs that then were and to the Commonalty to appear and answer and another Writ to the Mayor and Bayliffs that did the Outrage and they appeared in person and the Commonalty by their Attorney This was the Ancient Course Yet even in these Days viz. 15 R. 2. the Peer of Holland complained of a great Riot committed by Henry Tibb and divers others in the Parsonage-House of one Williams Whereupon a Sergeant at Arms by vertue of a Commission to him made brought up the said Tibb and one more only the principal doers therein before the Lords in Parliament who upon the Return of the Examination confessed nhe whole Matter and were committed But I suppose the Sergeant at Arms was sent for haply they would have obeyed no Writ and yet he was sent for two of the principal Offenders only At this Day if the Commons accuse a Commoner of Misdemeanors in such a state of Liberty or restraint as he is in when the Commons complain of him in such he is to answer prout 18 Jac. Sir Francis Michell and Sir John Bennet were both committed by the Commons before their complaint to the Lords and so they answered as Prisoners But that in a sort may be called Judicium Parium suorum 18 Jac. The Earl of Middlesex being then Lord Treasurer and accused of Misdemeanors only absented himself from the House His Charge was sent to him in writing and he answered in writing At the Day prefixed for his Trial he was summoned by the great Usher to appear He came without his Staff and kneeled until the Lord Keeper willed him to stand up There he protested That he ought not to answer in that Place and desired others might not be prejudiced thereby And I hope they will not The Earl did himself the first wrong by absenting himself from the House for he might have stayed there until Judgment unless when his own Cause came in agitation §. 2. Touching Councel In all Causes of Felony Treason c. Councel antiently was denied to the Party accused prout Anno 4. R. 2. Numb 21. Sir Ralph Ferrers was brought to the Parliament under the Guard of the Marshal of England and arraigned at the King's behalf for suspition of Treason who prayed to the King and to the Lords to have Councel in that Case Unto whom it was said That in all Matters wherein Councel ought to be granted by the Law of the Land the King or Lords would allow it And it was further
Precedents mention the King's Assent in Capital Judgments except that one against Matrevers 4 E. 3. which might be the omission of the Clerks who drew up the Roll for it is said directly afterwards in the said Bill Numb 6. That the Peers gave those Judgments in the presence of our Lord the K. and by his Assent And except that of 1 R. 2. against Weston in the last Day of the Parliament and it was 3. in the Afternoon that Day before the Lords had determined what to do in that Business so that it may be the Lords were prevented of time herein to have which they respited Execution for that the King was not informed of the manner thereof Secondly For that the Lords Appellants 11 R. 2. who had then great Forces about them were so earnest with the King for his Assent to the Judgment against Burley That the Duke of Gloucest told him as appeareth by his own Confession 21 R. 2. That if he would be King he should not intreat for Simon de Burley to save him from Death And in the end when his Majesty would not assent to their Judgment yet they wrought so that Messengers were sent unto him and brought word not before they gave Judgment against Simon and the King's Assent is mentioned in the said Judgment All which the said Lords would not have done had not the King's Assent been necessary And afterwards in the Parliament of 21 R. 2 The Lord Cobham being accused for giving Judgment without the King's Assent answered That the Messenger brought word That his Majesty had assented And yet because he did not gainsay that the King did deny his Assent the Commons immediately demanded Judgment All which seem to imply That the King's Assent is necessary in Judgments upon Capital Offences Touching the Second viz. Judgment against the King 's Will. It is all one with Judgment without the King's Assent Touching the Third viz. In the Absence of the King The Judgments of this kind are good notwithstanding so as the King doth assent as that of Simon de Burley 11 R. 2. Touching the Absence of many of the Peers That is to say of many of them and against their will This cannot invalid their Judgment so as the greater number of the Lords be then present accompting the Proxies of the absent Lords for it is not material whether some Lords do absent themselves or disassent The chiefest Matter is the Assent of the Lords who are present either in Person or by Proxy The others are to Answer for their Absence without a just Cause shewn or a proper Assent § 2. In Judgment on Misdemeanors the King's Assent is not required 50 E. 3. The Lords judged divers Commoners for Misdemeanors and the King's Assent not mentioned as Richard Lyons William Lord Latymer a Privy Councellor John Lord Nevil a Privy Councellor Jo. Peecher and others The King was then sick at his Mannor of Eltham and on the last day of the Parliament the Lords Prelates and Commons came before him there and he heard the Petitioners and their Answers for most part read and also Judgment given on the Privy Councellors and others dont ils se leyron franchement le respons de mesme nostre Seignior le Roy Numb 15. Which shews that the King had not assented to them 7 R. 2. The Bishop of Norwich was accused of Misdemeanors and judged in 10 R. 2. The Lord Chancellor Mich. de la Poole was judged by the Lords for Misdemeanors and Speed fol. saith That the King was much displeased thereat for it appeareth he gave not his consent And it was one of the Questions demanded of Tresilian and others 11 R. 2. Whether the Judgment were erroneous or not and resolved to be erroneous yet it was not objected against any the Lords Appellors that the Judges proceeded without the King's Assent §. 3. The King's Presence in Parliament In 4 E. 3. The King commanded the Lords to do right and lawful Judgment on Mortimer The which Earls Barons and Peers having examined the Articles came again before the King and said c. Ibidem The King commanded them to give Judgment on Simon de Bereford The which Earls Barons and Peers came again before the King and said c. And so the King was present at their Judgment but not at their Consultations 10 R. 2. The King was present when the Commons accused the Lord Chaneellor William de la Poole of Misdemeanors but he was not present at his Trial for he demanded if he ought to answer sans presence de dit Roy being Chancellor and in the end he answered notwithstanding 21 R. 2. In the cruel Parliament of the Lords Appellants the King was present at the Parlies Non constat whether he was present at the Consultation of the Lords 5 H. 4. The King was present when the Earl of Northumberland was to be tried upon his own Petition and so were the Commons And the King delivered the Petition to the Judges for their Opinion but the Lords claimed their Right But this was on the Wednesday and the Friday following the King and Commons met there again and the Chancellor rehearseth First What was done the first Day and the Lords having had competent deliberation on the said Petition and having heard and considered the Statute They adjudged c. It is plain the King was not present at this Consultation of the Lords though at their Judgment 7 H. 4. He commanded the Lords to advise what manner of Process shall be made and what Judgment shall be rendred against Henry de Peircy Earl of Northumberland and a Week after the Lords declared their Opinion to the King And it appeareth in that Roll very clearly that all Evidences and Examinations were shewn and taken by the Lords in the absence of the King and their Advice also agreed on in his Absence but the Judgment reversed in his Presence To conclude The King may be present if he please at the Parties Answer in Capital Causes and at the Judgments given prout c. But he was never present at other times of Proceeding against the Delinquent nor at any Answer for Misdemeanors for ought I have yet seen §. 4. The Presence of the Lords Spiritual In Cases of Misdemeanors the Lords Spiritual have ever been present but never in Offences Capital This is so generally-received of all men that it is not worth the Labour to prove it yet I will vouch the Precedents For it may be out of one or other of them somewhat may occur worthy the Observation In Misdemeanors In 1 R. 2. Alice Peirce was brought before the Prelates and Lords in Parliament to Answer and the Prelates and Lords did ordain 42 E. 3. Numb 20 c. John at Lee was put to Reason before the Prelates Lords Dukes Earls Barons and some of the Commons 7 R. 2. Jo. Cavendish accused the Lord Chancellor of Bribery before the Prelates and Lords in
Parliament The Chancellor Answered before the Prelates and Lords In Offences Capital In 4 E. 3. The Earl of Kent was brought before the Counts Barons autres Grandees and Nobles en mesme Parlement c. for Treason dors Numb 38. Eodem Anno The Articles of Treason being read against Mortimer the King charged les Counts Barons les Peeres de son Realme to give Judgment And Judgment was given per les dits Counts Barons Peeres come Judges del Parlement Item The King commanded les dits Counts Barons Assembled in Parliament to give Judgment on c. and so were four others tried in the same Parliament all for Treason and not one word of the Prelates either when the Articles were read or at the Judgment 6 E. 3. Numb 11 12. Post Festum Sancti Gregorii The Parliament being commanded to consult of the keeping of the Peace and Punishment for the breaking thereof the Prelates departed pur ceo que aviz fuit dits Prelates que ne attinet pas a eux consuler de guard de la Pees ne de chastisament de tiel yet afterwards when they heard what was ordained touching those Malefactors for the apprehension of them by Hue and Cry c. to bring them before certain Commissioners to be tried according to Law the Prelates gave their Consents also to the Act and added also Excommunication by the Assent of King Lords and Commons Anno 10 R. 2. The Commons prayed That such as gave up Forts puissent estre a respons cest Parlement Et selon leur desert puis per guard les Seigniors Baronage And thereupon John Gomeniz William Weston were brought before the Lords aforesaid in full Parliament c. It is to be understood before the Temporal Lords for the Bishops are never comprized in the Word Baronage Anno 11 R. 2. Divers Lords and others being appealed of Treason other misdemeanors the Prelates absented themselves during the Tryal having first made Protestation saving their Right to be present in Parliament Regni more solito considerare tractare ordinare statuere definire caetera excercere cum caeteris Paribus c. Verum quia in praesenti Parliamento de nonnullis materiis agitur in quibus non licet nobis juxta Canonum Sacrorum instituta quomodo libet interesse Eo propter pro nobis nostrum quolibet Protestatur quod non intendimus nec volumus sicuti de jure non possumus nec debemus nec intenditur nec vult aliquis nostrum in Parliamento dum de hujusmodi rebus agitatur vel agitur quomodo libet interesse sed nos nostrum quemlibet in ea parte penitus absentare Jure Paritatis nostrae cujuslibet nostrum interessend in dicto Parliamento quoad omnia singula ibidem excercenda juris eorum quilibet statu Ordine in omnibus semper salvo Ad haec insuper protestamur nostrum quilibet protestatur quod propter hujusmodi absentiam non intendimus nec volumus nec nostrum aliquis intendit nec vult quod processus habiti habendi in praesenti Parliamento super materiis antedictis in quibus nec possumus nec debemus ut praemittitur interesse quantum ad nos nostrum quem libet attinet futuris temporibus quomodo libet impugnentur infirmentur seu etiam revertentur This was read in full Parliament and enrolled at the Request of the Commons I mean the Prelates by the Kings Command and assent of the Lords Temporal and Commons Here the Protestation saith de jure interesse non debemus but I think it intends that they could not be present by reason of the Common-Law and by reason of an Ordinance made at the Councell at Westminster in 21. H. 2. By which all Clergy-men were forbidden agitare Judicium sanguinis upon pain to be deprived both of Dignities and Orders For surely as I think they might otherwise have been present both by the Common-Law and by the Law of God But by such their long constant absence even from our first Parliaments upon Record The Lords Temporal have only heard and determined all matters concerning Capital offences which hath continued in them so long that it is become their Right c. So that now it will be a wrong unto them the Lords Temporal if the Bishops do any way meddle with such Judicatures either touching the Answers the Replyes the Proofs or the Judgement For where they may not adjudg they may not do any thing as a Judge that doth conduce to judgment And therefore as heretofore they would be absent Now they cannot be present whilst the Matter is in hand but are to be absent altogether dum de hujusmodi materiis agitatur For some or other matter may happen to be Voted in their presence concerning the Answer Replication c. or concerning the Form of Judicature herein And by the Voices of the Spiritual Lords that Vote may pass against the major part of the Temporal Lords who should sustain wrong therein Can they be present and not Vote I know that at all Assizes and Sessions divers of the Clergy are present till Judgment be given in such Cases but their Presence cannot prejudice the Judge at the Assizes by Vote as in Parliament And at Sessions the Lay and Clergy are equally in Authority to hear and determine Eodem Anno 11 R. 2. A Special Act passed at the Request of the Commons to make good those Appeals and Judgments notwithstanding that the Spiritual Lords pur benefit salvatioun de lour Estate Cap. 3. in Parl. Roll N. 28. This Act I conceive was occasioned by the Clause in the said Protes 〈…〉 of the Prelates Ad haec insuper Protest 〈…〉 c. quod processus habiti habendi in praesenti Parliamento super Materiis praedictis in quibus nec possumus nec debemus interesse ut praemittitur quantum ad nos attinet futuris temporibus non impugnentur c. For there is no such Act to make good any former Judgment notwithstanding their Absence And 2 H. 5. Upon the Petition of the E. of Salisbury the King Lords Temporal adjudged the Judgment against his Father in Parliament 2 H. 4. to be good notwithstanding that it was rendred without the consent of the Lords Spiritual which yet the said Earl alledged as Error in his Petition so that by the Judgment of the whole House neither the Presence nor Absence of the Spiritual Lords in necessary in such Judgments In 21. R. 2. The first Petition that the Commons offered was That before this time many Judgments and Ordinances made in the time of the Kings Ancestors in Parliament have been repealed because the Clergy was not present in Parliament at the making of the Judgments and therefore they desired that the Clergy might make a Proctor with a suffici 〈…〉 to consent in their wants 〈…〉 Things and Ordinances to be done in this
preist with the King Anno 50 E. 3. Numb 28 29. The Lord Latimer is Awarded to prison destre en guard du Marshal and afterwards upon Mainprise of diverse Earls suffered to go at large So it seemeth that first he was Committed and delivered to the Earl Marshal immediately Primo R. 2. William Fitz-Hugh was Committed to the Tower but it appeareth not who carried him thither At this Day the Lords have used to impose some Corporal punishment on Misdemeanors prout Flood And at this Day if a Peer be Committed to prison the Gentleman Usher hath the Charge of him thither and the Serjeant attending on the Great Seal prout Anno 18 Jac. 16 Febr. The Earl of Berks was sent to the Fleet by the Gentleman-Usher for forcibly thrusting the Lord Scroop in open House Anno 21 Jac. 13 Maii. The Earl of Middlesex was Committed to the Tower and a Warrant given to the Gentleman Usher to carry him thither Anno 1 Car. 1. In the Parliament begun 6 Febr. The Gentleman-Usher was commanded to bring the Earl of Bri-Bristol But if a Commoner be Committed the Serjeant at Arms attending on the Great Seal doth usually carry him to prison and he also hath the Charge of him and to see any Corporal punishment inflicted on him Anno 18 Jac Wright and two Serjeants at Mace who had Arrested a Servant to the were Censured to ride with Papers on their Heads for their wilful Contempt and Scorn of the Priviledges of Parliament And for that the Serjeant at Arms did not see the whole punishment Executed on them he himself was Committed CHAP. VIII For Recovery of Damages or Restitution of the Party aggrieved ANno 50 E. 3. Botheil and Cooper had each of them twenty pounds Awarded for their Damages and it is not there declared how they should recover the same In the same year John Lord Nevile upon Complaint of the Commons is awarded to make Restitution to the Executors of the Lady Ravensholme neither when the same is to be restored nor the manner how the same shall be recovered is declared In those two Cases I conceive the Parties are to have their Remedy the Parliament being ended in the Chancery and not in any other Inferior Court at the Common Law But the Lords in Parliament may direct how it shall be Levied Anno 1 R. 2. The Lords adjudged Alice Peirce to forfeit all her Lands and Goods to the King and notwithstanding this Forfeiture If she hath purchased any Lands by Force or Duress it shall be void and the Party grieved to have his Remedy by Process in the Chancery and by Advice of the Lords of the Councel Let Right be done and Restitution made Anno 7 R. 2. John Cavendish was awarded to pay 1000 Marks to the Lord Chancellor for his Damages and to remain in Prison until he had paid it FINIS Peers to render Judgment on Peers Quite contrary to the Law of the Land How Bishops are tryable The nature of the offence In whnt Cases c. Of Judgments on Delinquents Four manner of Accusations in Parliament Complaints by Petitions Petition Respons Answer Answer Impeachments of the Commons Observe Observe Mortymer and Cobham William de la Pool Duke of Suffolk impeached General Fame Lord Visc. St. Alban Chancellor accused who was Sir Francis Bacon Accusation Ex parte Domini Regis Of Accusation by Information Ex parte Domini Regis The Judgment defective in all points The Lord Berkley arraigned waved his Peerage Quest. Resolv Observ. The Earl of Bristol charged with Treason Articles against the Duke of Buckingham Quest. Resolve 1. Observ. A Petition The Lords cannot impeach any to themselves A great Oppression * Promâ—oter The Fishmonger contra L. Chancellor The Chancellors Answer The Chancellor acquitted The Fishmonger guilty of the Defamation Bish. Williams Lord Keeper The History of the Appeal of 11 R. 2. The Lords cannot proceed against a Commoner but upon complaint of the Commons Appeals abolished per Stat. 1 H. 4. c. 14. An Answer required though the Duke was known to be dead Found guilty long time after he was dead so forfeited his Estate The Party accused to be brought to his Answer Touching Councel In Misdemeanor the Party may have Councel to answer The Mayor and Commonalty of Cambr. accused The Parl. hath compelled a present Answer iu Misdemenors and without Councel The Replication next which belongs to him or them that sue Impeachment against the L. Latymer His Answer His Answer to each Particular W. Ellis impeach'd His Answ. The Reply The Lord Nevile impeach'd Witnesses Witnesses by the Commons A Committee for Trial of Alice Peirce George Duke of Clarence arraigned No man questions the Duke but the K. none answers the King but the Duke Against Law that the King should enforce Testimony against a Delinquent A Royal wise Answer The Commons accusare petere Observe In what Cases the King's Assent is necessarily required Peeres de la terre A bold Saying This Duke of Glouc. was many years after imprisoned for this at Calice there died in his Bed In Judgment on Misdemeameanors the King's Assent is not required The Lords Spiritual In Cases of Misdemenor they may be present In Cases Capital may not be present The Protestation of the Bishops forever Observ. No exceptions taken for the Absence of the Prelates Note especial The Presence of the Commons in Cases Capital The Presence of the Commons not necessary The Presence of the Judges How the Lords resolve on their Judgments Judgm for Satisfaction Touching the Demand By whom Judgment ought to be rendred The Precedents of Life and Death Obj.