for moving the King and power of France and by such repute as then and yet is taken to bee wherefore all the said profit ought to appertain to the KING as of a Schismatick and alien which thing of reasoâ— ought to have beene made known by the said Eaâ—le before hee demanded of the KING the said profit and hee kâ—ew expressely that hee demanded it for â—is sonne as an Hospitall and alleadged not in his answer that the King when hee granted the profit was informed of the matters aforesaid and also in that that when hee was such an Officer as beforesaid hee sent to the Court of Rome to have the same profit for his Sonne of the Collation of the Pope as benefice of the holy Church and to have also the profit out of the KINGS hand by the Sea Apostolicall as the Record termeth it and hee denies not that hee received of the said profits foure hundred pounds per annum alleadging that hee rendered to the KING the sâ—me and that after the said Earle had made a bargainâ— to have the provision which hee claymed of the said profit in England of the Pope a hundred pound per annum of the said provision to him and his Sonne John for term of their two lives for to deliver the said profit to the said provision for payment of which 100. l. to him and his sonne he tooke surety of the provision by recognizance and Obligations of divers summes notwithstanding that the King had commanded by his Letters to deliver all the profit aforesaid out of his hands to the said provision there where it seems for any thing that yet was shewn that all the said profit ought to have rested in the Kings hand for the causes aforesaid at least untill it had beâ—ne discussed whether the said profit were the benefit of holy Church grantable by the Pope or appurtenant to the K. by reason of Schismasie and endemnity of the said Master and he alleadged not in his answer that the King was cleerely informed of the matters aforesaid wherefore it is awarded that the said foure hundred markes per annum in time that the said profit was so granted to him by the King untill the time that hee delivered the same profit to the said provision as also the said 100. l. a yeare received also of the sâ—id provision untill the same bee levied to the use of our Lord the King of his Lands and chaâ—tells and that all the profit which should of late appertaine to the said Earle by reason of the said recognizance or of other Obligations and Covenants also made in surety of payment And as also to the 1000. markeâ— which hee had alleadged that he payed to the King for the said Exchanges It is awarded that the said 1000. markes remaining in the hands of the King as part of payment of the fine and ransome thâ—t the said Earle shall likewise make to the King before hee be delivered from prison Ex rotulo Parliamenti Anno 5. H. 4. N. 11. ITem Friday the last day of February the Earle of Northumberland came before the King and the Lords and Commons of Parliament and there the Chancellor of England shewed how on Tuesday last past hee had beene before the King the Lords and Commons in the same Parliament and there beseeched the King as hee had done at other times at his comming before him in Yorke that it would please our said Lord the King to grant him pardon of those things wherein he hath offended against him not keeping his Lawes and Statutes as Ligeance demandeth as by a Petition by him preferred in Parliament written in English whereof the Tenor ensueth may appeare more at large To my most Dreadfull and Soveraigne liege LORD I Your humble liege beseech your Highnesse to have in remembrance my comming to your Highnesse to have in remembrance my comming to your Worshipfull presence unto Yorke of my free will by your goodly Letters where I put mee in your Grace as I that nought have kept your Lawes and Statutes as liegeance asketh and especially of gathering of power and giving of Liveries as that time I put mee in your Grace and yet doe And I sent it like to your Highnesse that all gracelesse should not goe Wherefore I beseech you that your High Grace be seene on mee at this time and of other things which you have examined mee of I have told you plainely and of all I put mee wholy in your Grace WHich Petition by Commandement of the King examined by the Iustices for to have their Counsell and advice in this behalfe by Protestation made by the said Lords that the Iudgement appertained to them onely and after reaâ—ing and understanding of the same Petion before the Lords as Peers of the Parliament to whom such Iudgements appertaine of right to heare and understand by the Statutes made in the 25th yeare of the King that now is by deliberation of King Edward cozen of our Lord the King that now is they adjudge that those things which the said Earle hath don contained in the said Petition are not treason nor Felony but onely Trespasse for which Trespasse hee ought to make fine and ransome according to the Kings pleasure wherefore the said Earle most humbly reverenceth our Lord the King and the said Lords the Peeres of Parliament concerning the right Iudgement and further the said Earle prayed our Lord the KING that in affirmance of those matters hee might bee purged from all suspitions and prayed to bee judged de Novo in the presence of the KING and of the LORDS and Commons in Parliament the said Earle tooke his Oath upon the Crosse of the Arch-bishop to bee faithfull and loyall liege man to our Lord the King and to his eldest sonne and to the Heires issuing of his body and to his brothers and their Issue successesively and inheritably at which time if the King would command him hee should bee ready to shew and declare that which hee knowes in that he halfe and set forth the truth thereof And that our Lord the King might not bee deceived the said Earle was present and charged in his liberty the said Earle upon his Oath which hee had made upon the said crosse setteth forth and declareth openly in Parliament that which hee knoweth in this matter upon which charge to him given the said E. saith That at the day of Tryall of his life hee knew not of the Dukes and Bishops and other Lords any thing that â—ounded in derogation of the honourable estate of the K. and of his royall Majesty but that they were and are to him good and lawfull Lieges and that for such our Lord the King may hold and repute them and may faithfully put his trust in them in perill of his life and by the Oath which heâ— had made as before said And moreover the said Earle of Northamberland humbly beseeched the Lords and Earles and Commoners that they will beseech our Lord the
King of his grace towards him concerning the fine and ransome and if at any time he doe any thing against our Lord the King other then liegeancy that they make no prayer nor request for him in whatsoever ensueth thereon but that they be altogether against him And also the same Friday it was adjudged by the King and the Lords in Parliament that leave of Battaile be made by the said Mr. Henry Mr. Thomas which are holden to be guilty of Treason and that as well for themselves as for others which shall bee in their company at the time of the said licence And those to whom the King had granted favour and pardon the King will that they stand firmely in their force and vertue Ex rotulo Parliamenti Anno 31. H. 6. N. 26. ITem the Friday the 15. of February it was opened and declared to the Lords Spirituall and Temporall being in the Parliament chamber by the Counsell of the Duke of Yorke that whereas Thomas Thorpe the monday the first day of August in the raigne of Henry the sixt 30. camâ— to the place of the Bishop of Durham and then and tâ—ere tooke and bore away certaine goods and â—attle of the same Dukes against his will and licence and thereupon the said Duke came and tooke an action by Bill in Mich Terme last past against the said Thomas in the Court of Exchequer according to the Priviledge for so much as the said Thomas was one of the Court to which Bill the said Thomas willingly appeared and had divers dayes to imparle at his request and desire and to the said Bill and action pleaded not guilty whereupon there was awarded in the said Exchequer a venire facias to the Sheriffe of Middlesex returnaeble in the said Exchequer and thereby the Iury that passed betweene the Duke and the said Thomas it was found that the said Thomas was guilty of the said trespasse contained in the said Bill and the same Iury assessed the dammages to the said Duke of the said trespasse to a 1000. l. and for his costs 10. l. And thereupon Iudgement was given in the said Exchequer and the said Thomas acâ—â—rding to the â—ourse of the Law was committed to the Fleete for the fine belonging to the King in that behalfe And thereupon it was prayed humbly on the behalfe of the said Duke that it should like their good Lordships considering that the said Trespasse was done and committed by the said Thomas since the beginning of the present Parliament And also the said Bill and action were taken and scanned and by processe of Law Iudgement given thereupon against the said Thomas in time of vacation of the said Parliament and not in Parliament-time and also that if the said Thomas should bee relieved by priviledge of Parliament ere the time that the said Duke bee satisfied of his said dammages and costs the said Duke should bee without remedy in that behalfe That the said Thomas according to the Law bee kept in ward according to the time that he have fully satisfied and contented the said Duke of his dammages and costs the said Lords Spirituall and Temporall not intending to impeach or hurt the liberties and priviledges of them that were come for the Commons of this Land in this prâ—sent Parliament but equally afâ—er the course of the Law to minister Iustice and to have knowledge what the Law will weigh in that behalfe opened and declared to the Iudges the premisses and asked of them whether the said Thomas ought to be delivered from prison by force and vertue of the priviledges of Parliament or no To the which Question the chiefe Iustice in the name of all the Iustices after some Communication and mature deliberation had among them answered and said that they ought not to answer to that question for it hath not beene used aforetime that the Iudges should in any wise determine the Priviledges of this High Court of Parliament for it is so high and mighty in his nature that it may make Law and that which is Law it may make no Law and the determination and knowledge of that priviledge belongs to the Lords of Parliament and not to the Iudges But as for the Declaration of proceedings in the lower Courts in such cases as Writs of Supersedias of priviledge of Parliament to bee brought and delivered to the said chiefe Iustice hee said there be many and divers Supersedeas of priviledge of Parliament brought into the Courts but there is no generall Supersedias brought to surcease all processe but if there should bee it should seeme that this high Court of Parliament that ministreth all Iustice should let the proces of the common Law and so it should put off the party complaynant without remedy for so much as actions of common law be not determined in this high Court of Parliament and if any person that is a member of this high Court of Parliament bee arrested in such cases as be not for felony or Treason or security of the peace or for condemnation had before a Parliament it is used that all such persons should be released of all such arrests and make an Attourney so that they may have their freedome and liberty freely to attend the Parliament After which answer and declaration it was throughly agreed assented and concluded by the Lords Spirituall and Temporall that the said Thomas according to the Law should remaine still in prison for the causes above said the priviledge of Parliament or that the said Thomas was Speaker of the said Parliament notwithstanding and that the Premisses should be opened and declared to them that were common for the Commons of this Land and they should bee charged and commanded in the Kings name that they with good hast and speed proceed to the Election of another Speaker The which Premisses for as much as they were matters in Law by the commandement of the Lords were opened and declared to the Commons by the mouth of Walter Moyle one of the Serjeants at Law in the presence of the Bishop of Elie in the Kings name that they should proceed to the Election of another Speaker with all godly hast and speed so that the matter for which the K. called this Parliament tooke good and effectuall conclusion and end ITem 16. die Febr. tunc prox sequenti praefati Communes quidam de sociis suis declaraveruÌ„t dominis spiritualibus teÌ„poralibus in presenti Parliamento quòd ipsi per mandatum ex parte domini Regis pridie sibi injunct cum omni diligentia exequentes eligerunt loco praefat. Thom. Thorp Thom. Carleton militem prolocutorem suum humillimè deprecando quatenus praefatus dominus Rex hujusmodi electionem vellet acceptare Quâ—bus per domiâ—um Cancellarium Angliae de mandato dicti Domini Regis advisamento consilii extitit respons quod quidem dominus Rex de electione praesenti Thom. Carleton se bene contentavit injungendo eis quatenus ad
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
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
and â—riors who gave their letters usually to Parsons Prebendaries Canonists and such like In that Parliament of Carlile under Edward the first the Bishop of Exeter sent to the Parliament Henry de Pynkney parson of Houghton as his Proxie The Bishop of Bath and Wells sent William of Charleton a Canon of his Church and in like for t other of the spiritualty of that time In the beginning of the 17th yeare of Richard the second the Bishop of Norwich made Richard Corqueanx being then Deane of the Arches Thomas Hederset Archdeacon of Sudbury and Iohn Thorpe parson of Epingham his Proxies by the name of Procuratores sive nuntij And in the same time the Bishop of Durhams proxies were Iohn of Burton Canon of Bewdley and Master of the Rolls and Iohn of Wendlingborough Canon of London and other like are of the same time By which also that of the Preamble of the Statute of Praemunire is understood where it is said that the advice of the Lords spirituall being present and of the procuratores of them that were absent was demanded The like under Henry the fourth and Henry the fift are found in the Rolls And under Henry the fift the Arch-Bishop of Yorke gives the proxie to the Bishop of Durham and to two other Clerkes of his Province And it is observable that in the making of proxies by the whole number of Bishops in case of Attainders upon Appeale their course was sometime to make a Gentleman beneath the degree of a Baron their Proxie as under Richard the second first they made their proxie for assenting in the Parliament but afterwards the Earle of Wiltshire had that place in the same Parliament But this of making others then Barons of Parliament proxies is carefully found in the cases of the Lords spirituall One speciall case of it is under Henry the fift in that of Thomas de la Ware who being a Clergie man had his Barony descended unto him and is stiled in the summons alwayes Magister Thomas de la Ware and not Dominus hee gave his Letters to John Franke and Richard Hulme Clerkes but the proxie Rolls for the Temporall Lords are for the most part lost The following Times especially ever since the first memorie extant of the Iournalls of the upper House which began the first of Henry the eight have kept a constant course of making parliamentory Barons onely proxies And it appeareth in those Iournalls that one two or three are joyned conjunctim divisim and most commonly Temporall Lords have given their proxies to temporall and spirituall men yet not without a Temporall Lords giving his letters of proxie to a Spirituall and Temporall Lord together And under Queen Mary Francis Earle of Shrewsbury made Anthony Viscount Mountague and Thomas Bishop of Ely his proxies And in the beginning of Queene Mary Stephen Gardiner Bishop of Winchester was joyned in letters of proxie sometimes with a Temporall Lord But the Lords spirituall have so much mistataken of late the Lawes of this Kingdome the Kings prerogative given by the Law and what and whence was the Originall of the Honours they themselves had obtained and have beene ready to inlarge the Dominions of Antichrist and to induce an arbitrary government by their writings and other apparent practises in so much as now they have lost both Priviledge and Vote in Parliament CHAP. II. Priviledges in Suites as well for their followes as for themselves during the Parliament IN a Bill exhibited under Henry the fourth is shewed that the Lords Knights c. and their men and servants c. should not be arrested or otherwise imprisoned by the custome of the Realme and it is prayed that if any be the parties offending may make fine and ransome and give dammages c. Hereunto the Answer is there is sufficient remedy in the case In the beginning of Queene Elizabeths reign Iohn Broxham being Plaintiffe in an Assise in the County of Lincolne against the Lord Willoughby it was ordained that an Injunction should goe out of the Chancery Subpaena 500. l. That the Plaintiffe should not proceed to Tryall To this head may bee referred that case of the Lord Cromwell cited in the Title of processe against them in English Courts in the Iournalls of Queen Elizabeth King James and our present Soveraigne the Testimonies of these priviledges for the servants of every Baron of Parliament are most frequent Hereunto may be added that of the first citation out of an Ecclesiasticall Court against the Earle of Cornewall which was served upon him in Westminster Hall as he was going to the Parliament at the Suite of Bago dâ— Clare and the Prior of Saint Trinity in London for the Earle sued them for the contempt and recovered 1000. Markes dammages And in the same Parliament the Master of the Temple petitioneth that he might distraine for rent in a house in London which it seemes the Bishop of Saint Davids held of him In qua non potest distringere in tempore Parliamenti But answer is non videtur honestum quod Rex concedat quod ille de consilio suo distringatur per Ostia fenestras prout Moris est CHAP. III. No Peere of the upper House to be called to answer in the lower House only THomas Philips complained of the Bishop of London upon divers Articles in the lower House and at first by Order of the House whence it was referred by reason of the slight nature of the offence c. whereupon the Bishop remembring the upper House of their Priviledges Ejus verbis auditis prâ—ceres omnes unâ voce dicebant quòd non consentantum fuit aliquem procerum praedictorum alicui in eo loco responsurum So where the Bishop of Bristoll had written the Booke of Vnion which was conceived to be derogatory to the honour of both Houses yet hee was complained of onely in the upper House and that so he might bee and not before the lower House alone it was acknowledged in the message delivered from the lower House touching him The like is the priviledge of the Bishops complained of in this present Parliament 1641. CHAP. IV. The Iurisdiction of the Lords of Parliament in matters of offences aswell capitall as not capitall and in errors out of the Kings bench THe power of Iudicature belonging to the Lords of Parliament is chiefly seene in their Iurisdiction upon Writs of error and their Iudgements of Offences as well capitall as not capitall which they give to any publicke mischiefe in State Of these Iudgements of such Offences many examples are of former times in the Records of Parliament and out of them are here selected some such as most of all conduce to the opening of the course of Accusation the forme of the Defendants answering the usuall wayes of Triall and other Incidents in their various kindes of Iudgements which are found arbitrary in cases not capitall so that they extend not to the life
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.
proces out of the Chancery Kings bench or otherwise where the returne is Coram Rege CHAP. IX Amerciaments IN case of Amerciaments of Barons of Parliament upon nonsuits or other Iudgments ending in misericordia there is a speciall course both for the summe and the way of assertaining of it which differs from the Amerciaments of coÌ„mon persons For the summe the Amerciaments of an Earle or Spirituall or Temporall Baron is equall that is 5 l. of a Duke 10 l. and the sessing of this is by the Kings Iustices before whom the action dependeth The Iustices in this place supplying the roome of Peeres by which according to the grand Charter they are to be amercied as exprâ—ssly it is affirmed in the Iudgement under H. 6. against the Earle of Northumberland where the words of the Iustices are Insomuch as an Earle is a Peere of the Reâ—lme he shall be amercied by his Peeres according to the Statute and therefore we put not the Amerciament iâ— ceâ—taine And thence and thus is the grand Charter to bee understood that saith Câ—mites Barones non amerâ—ientur nisi per Pares suos but continuall usage hath thus as before is shewed interpreted that priviledg and so hath the practise been and thence was it under E. 2. a writ was directed to the Iustices of the Common pleas that they should not amerce the Abbâ—t of Crowland tanquam Baro because he did not hold per Baroniam aut partem Baroniae For this of Amerciament while there were no other Titles of greater Nobility but Earle and Baron which was in the time of E. 3. who created the first Duke in England as Rich. the 2. the first Marquesse and H. 6. the first Viscount And the Amerciaments of the Lords of the Parl. were all at 5 l. whence also is generally so affirmed in the Statutes of Ireland under H. the sixt that every Lord that is called L. of Parl. in all places aswell personall as reall in which amerciaments do ly shall be amercied at 100 s. But when other dignities were made and it seemes according to the proportion of the releifes paied by those new dignities for a Duke is to be amercied at double the summe of an Earle that is 10 l. as his reliefe is double which is 20. CHAP. X. No processe in civill actions to bee awarded against the body of a Baron NO baron of the Parliament or Baronesse is to be arrested by Capias upon action of debt account trespasse or the like but they are to be distrained only and pay issues retorned for an apparance The reason of this was anciently because the Capias in such Cases goes out only upon nihil habet retorned by the Sheriffe which could not be for a Baron who was ever to be supposed to be seised of his Barony by which he might be distrained and lose issues Although the reason failes now in those that have not more than the names alone of their Baronies yet the same Law still remaines but this limited to actions between party and party and party for in cases of rescues felonies or the like where the offence is immediatly to the King A Capias lies against a Baron of the Parl. And it is as other priviledges which are legal in England limited also to the Barons of the Parl. of England for it appeares under R. 2. that in an action of debt a Capias was awarded against the Countesse of Ormond being one Irish Baronesse and participating of her husbands dignities as our Ladies in Eng. neither can a Baron of Ireland be tried here by the Peeres of Eng. for they are not his Peers no more than the L. Zanchar might being a Baron of Scotland who was indicted and arraigned only by the name of Rob. Creighton Esquier and upon this reason that he was no Baron of Parl. tried by a common Iury Thence it is also that an Earle Baron or Duke of France comming into Engl. by the Kings safe conduct shall not in any legall proceedings be stiled so as appeares in the time of Edw. the 1. in the case of the E. of Richmond being then Duke of Brittaine and in the case of Sir John Douglasse under Edw. the 4. And the reason why S. Gilbert Humfravill in the time of Edw. the 3. was legally to have his title in writs of Earle of Anguish was because that in that age the E. of Anguish by that name was L. of the Parl. as it is expresly noted in our year-books And this difference it seemes hath beene here between Temporall dignities and Spirituall that in regard the temporall State of England was ever held as severed and distant from other States not at all communicating with them in civill government Therefore forraigne dignities which are of the Civill part of States had no respect given them as appeares in the examples already brought But on the other side in dignities Spirituall because there was anciently through Christendome supposed an unity in the Church So that England with forraigne Nations and they with England as membeâ—s of one body had a mutuall reference to each others Countrey was legally valued as Bishops in England as may be seen in that case of the Bishop of Vâ—recht for this is the right Name though it be printed Vrston under E. the 3. where being made Bishop of Vtretcht makes a Prebend of England So the Title of Cardinall was usually given in legall proceedings to such as had that dignity in England whence also the Archbishop of Raguse being parson of a Benefice in the Bishoprick of Carliste under King John was it seemes to have been accounted here also an Archbishop for dignity though not for Iurisdiction CHAP. XI A Knight to be retorned upon every pannel where a Baron is party IN every Iury impannelled between any Baron of Parl. and other person whatsoever one Knight at the least is to be returned which failing the array may bee quashed by challenge A testimony hereof aswell for spirituall as temporall Barons is frequent CHAP. XII No day of grace against a Baron IF a Baron of the Parl. be plaintif or defendant in any action and the plaintife or defendant pray a day of grace he shall not have it against him and this is expresly affirmed in the books CHAP. XIII Making deputies of places of trust committed to them Oâ— late years it was agreed in the case of Gilbert Earle of Shrewsbury that whereas the office of Steward-ship was granted to the Earle of Rutland without giviâ—g power to make a deputy and this by Q. Eliâ—abeth that â—et he might exercise the same Office by Deputy by reason of the nâ—câ—ssity that is supposed in the lawe to be of the Eaâ—lâ—s attendancâ— upon the King and the Govâ—rnment of the Kingdome the same reason is it seemes for all Barons FINIS U. 8 Dyer Parl. 14 Eliz. Dyer par â—9 43. Eliz. l. â—ac c. Rot. Parl. 18.