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A26252 An Authentical account of the formalities and judicial proceedings upon arraigning at Westminster, a peer of the realm before a Lord high-steward 1680 (1680) Wing A4264; ESTC R25898 19,733 37

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AN Authentical Account OF THE FORMALITIES AND Judicial Proceedings Upon ARRAIGNING at WESTMINSTER A Peer of the Realm Before A Lord High-Steward Funesta Securis Regni Securitas London Printed for Y. H. THE FORMALITIES AND Judicial Proceedings Upon Arraigning a Peer for Treason c. AS the Royal Power and Sovereignty of the King of England is a repleat compacted Body and impartible even so the Attributes thereof are as Jurists speak so indivisible in themselves so naturally and intrinsecally inherent in the Crown that they cannot be made away or in such manner communicated to the Subject as to divest himself of them to the lessening Sovereign Majesty yet by Trust and Delegate Power the Executive Part may be transferred to others to ease him of a trouble some Burthen Now among those several Ministers or Officers of Law that are by His Most Excellent Majesty substituted to ease him of Labour but not to deprive him of Power the Lord High-Steward of England is one of the first Magnitude the Nature of whose Office will the better be understood by insisting upon in my way to a more direct Application to the substance of the Title and Design in hand the Heads or Particulars following viz 1. The Etymology of the words Steward and Seneschallns 2. His Lordships Stile and the Antiquity of his Office 3. How this great Office was formerly holden and how at this time 4. The Extent of his Jurisdiction and Power and the Rules he ought to judge by For the derivation of the words Steward and Seneschallus Cok. Litt. 61. a. some say the first is derived of Stewe i. e. a Place and Ward which signifieth a Keeper Warden or Governour Others say that it comes from Steda a Saxou word which signifies a place also Lib. 9. Le Counter de Salop 's 48. b. and Ward as it were the Keeper or Governour of that place t is a word diversly used in this Kingdom In the first acception 't is taken for the Lord High-Steward out of which Magistracy lower Officers have their rise Senechal de l' Hostel de Roy the Steward of the Kings most Honourable Houshold Anno 24. H. 8. c. 13. whose Title was changed to that of Great Master Plomd Com. f. 152 Anno 32 H. 8. c. 39. but this Stat. was repealed by that of 1 Mar. 2 Parl. c. 4. and the Office of the Lord Steward revived There is also a Steward of the Marshalsea Anno 33 H. 8. c. 12. and likewise a Steward of a Mannor whom Fleta fully describes Lib. 2. c. 71. To be short this Word is of so great diversity that there is no Corporation of any Account or House of any Honour through the Realm but it shall have an Officer belonging to it of this Name But I proceed to the Word Seneschallus Minshaeus Seneschal is a French Word the Italians call it Seniscalco dict a Schalk i. e. Servus aut Officialis gesind i. e. familia but here 't is taken for the High-Steward of England Some derive it of Scin a House or Place and Schale an Officer others say Sen is an ancient word for Justice so that most naturally it signifies Officiarius Justitia and this agreeth well with his Authority and Duty to proceed secundum Leges consu●tudinis Angliae In the next place I am to consider his Lordships Stile which in Latin is Seneschallus Angliae and his Court is Intituled Placita Coronae coram Seneschallo Angliae and when he sitteth by force of his Office he sitteth under a Cloth of Estate and such as direct themselves to him say Co. 4. Inst 59. Please your Grace my Lod High-Steward of England As to the Antiquity of the Office 't is very ancient and was before the Conquest For Sir Ed. Coke tells us that he himself hath read an Authentical Manuscript intituled Authoritas Seneschalli Anglia which putting an Example of his Authority saith Sicut accidit Godwino Comiti Kanciae tempore Regis Edwardi Antecessoris Willielmi Ducis Normandiae pro hujusmodi male gestis consiliis suis per Seneschallum Angliae adjudicatus fortis fecit Comitivam suam In the time of William the Conquerour William Fitz-Eustace was Steward of England Next come we to consider how this Great Office was formerly holden and how at this time This Magistracy was formerly of Inheritance and belonged to the Earldome of Leicester as appeareth by a Record produced by Sir Ed. Coke Seneschalcia Angliae pertinet ad Comitivam de Leicester pertinuit ab antiquo Other Records testifie that it belong'd to the Barony of Hinckley and my Lord Coke tells us that in the Reign of William Rufus and H. 1. Hagh Grant semenel Baron of Hinckley held that Barony by the said Office so that there seems a diversity between these Records but we shall reconcile it thus Hinckley was parcel of the Possessions of the E. of Leicester for Robert Bellamont E. of Leicester in the Reign of H. 2. married with Petronil Daughter and Heir of the said Hugh Grantsemenel Baron of Hinckley and Lord Steward of England and so it continued till by the forfeiture of Simon Montford it came to King H. 3. who in the fiftieth year of his Reign created Edmond his second Son Earl of Leicester Baron of Hinckley and High-Steward of England which continued in his Line until Henry of Bullingbrook Son and Heir of John of Gaunt Duke of Lancaster who was the last that had any Estate of Inheritance in the Office of the Steward of England Since the time of H. of Bullingbrook this great Office was never granted to any Subject but only hac Vice and the reason was for that the Power of this Officer is so transcendent that it was not holden fit to be in any Subjects hands For a Record saith Et sciendum est quod ej us Officium est supervidere regnare sub Rege immediate post Regem totum Regnum Angliae omnes Ministros Legum infra idem Regnum temporibus pacis guerrarum c. and proceedeth particularly with divers high Powers and Authorities It is a Place of that Transcendency and Heighth Ephori 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Magistratus quidam Lacedemoniorum oppositi Regibus qui inspiciebant ea quae ad Rempub. pertinebant that it might in some sort march the Epheri among the Lacedemonians The custom of our Commonwealth hath upon great consideration and policy brought it to pass that this Officer is of no great duration but only for the dispatch of some special business as the Arraignment of some Noble-man in case of Treason c. which once ended his Commission expireth so that we may describe him thus Magistratus est Excelsus qui pro uno die a Rege ordinatur cum-aliquis ex Proceribus Regni uno die a Rege ordinatur cum-aliquis ex Proceribus Regni in Judicium vocatur de noxa Capitali Now we are to take a