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
or inheritance and in capitall offences so Arbitrary that the forme of the death inflicted sometimes varied from the ordinary course used in the common Law for such offences Under the first Head these cases of 1. Iohn Matravers 2. Borges of Bayons 3. Iohn Deverill 4. Thomas Gourney 5. William of Ocle 6. Iohn of Gomeniz and 7. William of Weston All condemned to death for Treason and all to bee drawne and hanged saving Gomeniz who was judged to bee beheaded because he was a Banneret and had served the King in his Warres Under the second Head are these cases of 1. Iohn at Lee Steward of the houshold 2. Richard Lions 3. William Lord Latimer 4. William Ellis 5. Chichester and Botesham 6. Alice Pierce 7. Cavendish against Sir Mich. de la Poole Chancellour of England 8. The Earle of Northumberland For Writs of error their power and course in them may bee seene some speciall examples which are expressed whereunto is added that of Thorpe being Speaker of the Lower House under Henry the sixt which specially shewes the power of Iudicature in the Lords although otherwise it tast too much of what is wholy against the priviledges of every member of the Parliament at this day Ex rot Parliamenti 4. E. 3. mem. 3. num 3. WItnesse the Peeres Earles and Barons assembled in this Parliament at Westminster that it is openly assented and agreed that Iohn Matravers is guilty of the death of Edmund Earle of Kent the Vnckle of our Lord the King that now is as he that principally traiterously and falsely compassed the death of the said Earle so that the said Iohn did know of the death of King Edward our Father when the said Iohn by haynous manner and by his false and wicked deeds conspiring with the sonne of the said Earle against the life of the King which hee did actually commit for which the said Peeres of the Land and Iudges of the Parliament adjudge and award that the said Iohn bee drawne hanged and quartered as a Traitor in what part of the Kingdome soever he be found and the said Peeres doe pray our Lord the King that hee will command that a writ be made to make search and enquiry throughout the Realme and that he that can take the said Iohn alive and bring him to the King shall have a hundred markes and if in case he cannot be taken alive he that brings his head shall have fiftie pounds of the Kings guift Moreover to have such judgement it is agreed that it be put in execution of Boges de Boyons and John Deverell for the cause afore-mentioned and that hee that can take the said Boges alive and bring him to the King shall have a hundred pounds and he which brings the head of the said Iohn shall have forty pounds of the Kings guift Item it is assented and agreed that Thomas Gourney and William of Ocle shall have such judgement for the death of King Edward Father of our Lord the King that now is who falsely and traiterously murdered him and who can apprehend the said Thomas and take him alive shall have a hundred pound and he that can bring the head of him a hundred markes likewise he that can take the said William alive shall have a hundred markes and hee that brings the head of him if in case hee cannot be taken alive shall have forty pound of the Kings guift Rot. Parliamen 4. R. 2. M. 5. in Schedula annexa THis Schedule the Commons made and caused to be brought in Parliament praying the Lords to ratefie the same and to put in execution in that schedule amongst divers others this Article occurres Item that all those which have lost or rendred when necessity required not Castle Towne or Fortresse to the dishonour of our Lord the King the Lords and Commons in this present Parliament being every of them attainted of such fault shall be punished according to their desert without partiality for to avoyde the evill example which they have given to all others Then afterwards followes an Accusation and a Iudgement upon an offence of that nature ITEM where the Supplication is by the Commons that all those which have rendred and lost Castle or Townes lost by the very default of Captaines may be put to their answer at this Parliament and according to their desert throughly punished by the award of the Lords and Baronage avoyding the evill example which they have given to others and that Allen Buxall Constable of the Tower of London shall cause to come before the Lords of Parliament at Westminster on friday the 27. day of November in the yeare afore mentioned Iohn Lord of Gomeniz and William of Weston imprisoned and detain'd in the said Tower at the commandement of our Lord the King because they have rendered and lost faithfull Castles and Townes of our Lord the King for to answer upon the Articles which there shall be preferred for the said cause on the behalfe of our Lord the King At which day being friday the said John and William were brought by the said Constable of the Tower before the Lords aforesaid sitting in full Parliament in the great chamber They were severally put to answer at the commandement of the said Lords by sir Richard Scroope Knight Steward of the Houshold of our Lord the King in manner as followeth William of Weston you have taken upon you to the thrice powerfull Prince whom God have in his keeping Lord Edward late King of England Vnckle of our Lord the King that now is surely to keepe to him and his Heires Kings of England the Castle of Barwick without surrendring the same to any but him or his said Heirs have you William who were a leige man of our Lord the King that now is true Heire of the late King Edward delivered and surrendered the said Castle to the Enemies of our Lord the King without his Commandement in dishonour of him and his Crowne and of the Estate of his Realme of England against your leigeance and undertakings whereupon hee put his answer in writing having a Schedule contayning the Tenor of many things and came and read the said Schedule in full Parliament upon which the Law was demanded by the said Steward if the said Schedule should bee taken for his finall answer in that behalfe or not And thereupon the said William prayeth that the said Schedule may be redelivered to him and there hee putteth in his finall answer and after the said William put in to the said Schedule an Addition in full Parliament for finall in that behalfe The Tenor of which Schedule is such as followeth To the most sage Councell of our Lord the King and to the other Nobles and Commons of Parliament WIlliam of Weston beseecheth and shewes that he is accused maliciously to have rendered the Castle of Barwick which he had in keeping upon the Trust and assignement of our Lord the King may it please your just
and learned discretion to have the said William excused for the causes which follow First may it please you to remember how that the said William was lately warned by a Spie that a very great power of Enemies came against him for to besiege the said Castle and to batter the same with great Ordinance whereupon the said William forthwith by his Attourney and by his Letters requested the Councell that they would please to foâ—tifie the said Castle with more Gentlemen fâ—r the defence and safeguard theâ—of having regard that the garrison of the said Câ—stle was not sufficient for halfe the multitude of so great force to make resistance in so large a place but in the end for that hee could have no succour of the said Councell and likewise the said William being not in default was left without sufficient souldiers of a long time whereby to keepe and defend the said Castle whereof hee beseecheth you that you will take just and benigne consideration Likewise may it please you to take notice by the privy Scout of Warre that there came the Enemies power of Armes and seven hundred fighting men with 6000. of the common souldiers of the Land having nine great Cannons a great Engine and a Trebutchet big above measure which they carried in their marches that thereby presently a great part of their Gentlemen of Armes souldiers aforesaid came before the Gates of the said Castle to assault it and there was a Knight of theirs killed which was cozen to the Lord of Chiffin insomuch that officers and many others also were there slaine and in a short time after they beganne to plant their Cannons and Engines and so continuing from day to day their assault that is to say Tuesday Wednesday and Thursday and the walls then of the houses and of the said Castle were broken and divided in many places and they had by force filled the ditches of the said Castle in three places if possible to make way for them to issue and there came upon the said workes a a great part of them and they by force had broake and spoyled many of our bars and the morrow after which was Friday they came at the break of day with all their strong men to assaile the said Castle but by the help of God they were not yet Conquerours by force of their Assault And of our side and of their side there appeared great death and losses and the same day the Marshall of Burgoyny treated with the said William and others to render the said Castle Wherefore and in consideration that the said Castle could not hold out for the smallnesse of the number of Gentlemen there and for that the walls in many places were beaten down by their marvelous Ordnance there was a Treatie with the Lords to the end that the said William with his companions might know what to doe the next morning whether to stay or depart from thence Likewise the same night the Enemies had brought all their Ordinance their Engines Trebutchet and Cannons upon carriages drawne by Horses to the foot of the ditch of the said Castle and the next morning which was Saturday they put themselves all in Order to assault the place and then first of all they sent a Herald to the said VVilliam to know if the same Castle should bee rendered or not whereupon the said William by advice of the graver sort of his companions having consideration how the said place was destroyed by their Ordinances and also that there were few Gentlemen left for the defence and that twelve of their companions were at that time dead and that many being wounded and sick he could not renew the Gentlemen of the Garrison and that for safety to defend themselves there being only but thirty eight and by common assent the said Castle which hee could hold out no longer was by force rendered for safety of the lives of the men That all these things aforesaid are true the said William putteth himselfe upon Tryall according to your discreet Ordinances Item it is to be remembred that when the said Castle was rendered as aforesaid certaine Gentlemen of France did bargaine with the said William for his victualls and bought the same togâ—ther with certaine persons which the said William held within the said Castle in Prison for which things hee received of them 1000. and 500. Franks whereof hee paid to his companions for part of their wages which then was behind three quarters of a yeare 678. Franks Item hee payed at Callis for victualls of the said Castle before that time due 1442. Franks Item for the passage of the said William and for his expences being at Callis 135. Franks And therefore the said William beseecheth that you have regard to Iustice and bounty how that he by envious suggestion hath beene against all reason accused thereof concerning his estate and name for which offence hee hath seised and stayed some of the Cattells of his Adversaries and that you have consideration how that hee hath payd his companions out of his proper goods for their wages and that you will be pleased for Gods sake and piety also to ordaine for him that by your discreet noblenesse hee may recover his Estate and goods Item the said William Weston sheweth how the first day when the Enemies came before Ardee he fled thence to the Army at Callis to the Captaine there to pray of him more succour and ayde of men to guard the Castle of Barwick and to defend if the Enemies had assaulted and the Captaine answered him briefly that he would not deliver nor lend succour nor aide at that time for that he doubted himselfe the Enemies would come before the Towne of Callis And the Lord Steward came and read the said schedule in Parliament Iohn Lord of Gomeniz you have undertaken to the thrice powerfull Prince whom God preserve Lord Edward late King of England Vnckle of our Lord the King that now is safely to keep to him and his heires Kings of England the Towne and Castle of Ardee without surrendring the same to any but to the said King and his Heires or by the Commandement of him and his Heires Have you Lord of Gomeniz in time of our Lord the King surrendred the same without his commandement to the detriment of him and â—is Crowne and of the Estate of his Realme of England agaiâ—st your undertaking aforesaiâ— what say you to it whereupon the said Iohn answerâ—th that the said Towne and Câ—stle of Ardee was so feeble that hee could not well keepe it against so great power of the Enemies which were readie to assaile the said Towne and Castle and therefore he went forth to intreat with the Eâ—â—mies that he might save the liege men of our Lord the King being within that Towne and Castle of Ardee without that that he at any time tooke any thing for the surrender of the said Towne and Castle of Ardee Whereupon one Geffery of Argentine Knight said in
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
Bishop of the same Ward and marriage made to the said William and surrendered to the said Iohn by the said William by durity and menaces bee fully restored to the said William and that the Enrolment of the release to the said Iohn by the said William of the same Ward and marriage also by durity and threatning made as by the said William in the Exchequer be cancelled voyde and holden for nought for ever saving all times to the King his right in time to come Ex. Rot. Parl. 50. E. 3. mem. 2. num 17. FIrst the said Richard Lions Merchant of London was impeached and accusâ—d by the said Commons of many deceits extortions and other evill deeds commited by him against our Lord the King and his people as well in the time that he had beene belonging to the House and Councell of the King as otherwise during the time that he was Farmor of the Subsedies and Customes of the King And more especially for that the said Richard by Covin had betweene him and some of the privie Councell of our Lord the King for their singular profit and advantage had procured and gotten many Patents and Writs of Licence to be made to carry great faith and credit whereby Skins wools and other merchandises were transported other where then to the Stapâ—e of Callis against the Ordinances anâ— defences made in that behalfe concerning the same before time in Parliament And for that he had imposed and procured to bee put upon Wools Skins Leather and other Merchandises certaine new Impositions without assent of Parliament and those Impositions and Taxes without permission of the King or of the High Treasurer of the Realme having not medlage therewith and it was said how hee uncertainly tooke ten shillings in one parcell and twelve pence in another parcell of every sack c. which mounted to a very great summe throughout all the time that hee had beene receiver or Treasurer and likewise of another new imposition of foure pence by him made and put upon every pound of money upon the Lumbards and other Merchants for a discharge by his owne proper Authority and without warrant and assent in Parliament or otherwise and the same imposition of foure pence the pound contrary to piety collected and kept as to the use of our Lord the King whereof hee payed nothing And also of divers loanes made to the use of the King without cause necessary and more especially of one loane which he newly had at London of twenty thousand markes where our Lord the King was bound to pay 30000. markes and that by the Counsell of the said Richard and others in the Kings Court who have covenanted with the receivers to have part of the gaine and to be parties secretly to the said loane the said Richard taketh the said money and afterwards gaineth by way of vsury of the King his Lord of whose Councell hee was before a great quantity of money in great dammage and deceit to the King and also many other extortions throâ—ghout the Realme and so demeaned himselfe against his Councell Treasurer and receiver concerning the new impositions as otherwise taking upon him in all the said matters the Royall Power which was horrible to rehearse And also for that our Lord the King had beene debtor of Record to divers Gentlemen of many great summes of money so had the said Richard by the assent of other privie complices in the Kings Court of the said Covin caused many such accounts to be bargained and compounded sometimes for the tenth penny and sometimes for the twentieth or a hundreth penny and hath procured the King to pay the debts intire and so by such his subtilties and for his singular profits as well our Lord the King as the said debts are wickedly abused and more especially the Prior of Saint John of Ierusalem in England to whom the King was debtor of a certaine summe and the said Richard hath had twenty foure Marks thereof for Broakage to cause the said Prior to have payment of the remnant and another time of the Lord Steward to whom the King was also a debtor and the said Richard hath had of him by the same manner another great summe of money and so of many others in great deceit slander and villany to the King and his Court Whereunto the said Richard present in Parliament saith that as to all the said Loane made to the King of the twenty markes aforesaid hee is altogether without other fault and further saith that he at no time had profit or gaine nor tooke any thing at all of the Loane aforesaid nor of the said money nor in other things and that he was ready to prove by all wayes reasonable when they would demand of him and as to the said Impositions of ten shillings and twelve pence the sack of wooll c. 4. pence the pound of money he could not cleerely excuse himselfe that he had not so levied and collected and thereof taken money his part that is to say 12. pence of every sack of Wooll c. but that was hee said at the commandement of our Lord the King at the prayer and assent of the Merchants who demanded such Licence and as to the remnants of these Impositions he had wholy delivered them to the receiver of the Kings chamber and accountable is the receiver in the Parliament And the said Richard first of all collected the same having a Warrant by which authority he hath before shewed in Parliament under the Seale of the King himselfe and his Councell so to doe and thereupon were witnesses produced in Parliament that our Lord the King had expressed a day for the same And some Lords there present in Parliament were that knew not how or in what manner he was become in such office under the King and what is more that the King knew him not for his Officer and that amongst other Articles the said Richard made no answer wherefore the said Richard was awarded to prison during the Kings pleasure and distrained to fine and ransome according to the quantity of his trespasse and that he loose his freedome of the City of London and bee no more in Office under the King nor approach to the Kings Court or Councell and thereupon another time the said Richard was sent before the Lords of Parliament where it was said to him that it seemed to the Lords that his offences were so great and horrible that hee had not sufficient wherewith to make satisfaction and forthwith the said Richard submitted himselfe into the favour of the King his body his Lands Tenements goods and Chattells and willed and granted that his body goods and Chattells should bee at the Kings will to give and as to the Extortions done by the said Richard or his Deputies from the time that hee was Farmer of the subsedies or Customes as beforesaid it is ordained in Parliament that good Inquiry bee made by sufficient Gentlemen in all the
Ports of England Ibidem N. 21. ITem William Lord Latimer was impeached and accused by the vote of the said Earles of deceits extorsions gâ—ievances and other mischiefs by him and others of his faction and Covin during the time he stayed as well under our Lord the King in Brittaine when he was in Office with the King as otherwise in England the time that he was Chamberlaine and of the privie Councell oâ— the same our Lord the King First of all concerning that when the said L. Lat. had bin long Captain of Becherell and Officer of the late King Edward in Brittaine if before or during the peace or truce it was committed And thereupon it was proclaimed and published under the King through Brittaine that no English man nor other Forreigner shall take Wines Victualls nor other things of any persons Towns Castles nor of others except they pay presently for them nor shall they take or ransome any Person Town Fortresse or other place upon paine of what they may forfeit notwithstanding all which the said Lord Latimer and his Lievtenants and Officers caused to be taken by wrong and violence of diverse Gentlemen of the Countrey much wines and victuals to a great value without paying any thing and likewise ransomed many by oaths and in taking and receiving ransoms unto the summe of 4 millions and 3 thousand pounds whereof our Lord the King enjoyed nothing to the great dammage and villany of the King and oppression of his people and the said parts and against the Proclamation and defence aforesaid as in a letter made and sealed with the seales of many Lords of Brittaine calâ—ed Ragman and sent into England to our Lord the King aforesaid more at large appeared but the said Ragman could not be found in any sort nor any man knew how to say in truth what become of it and yet he at another time was accused thereof that he had taken at Becherell and Plimoyson from thence unduly 153 l. w. of gold whereof the King had never any part nor any restitution made thereof and the parties from whom those summes were taken preferred a Bill in Parliament in forme as followeth It is to is to bee remembered that the proofes of parties that were ransomed at Becherell and Plymoison during the time of Truce have paid so much to Master John port-Constable of Bechâ—rell for the Lord Latimer and to William his sonne and to Hugh Middleton Receiver of the said Town or to the Lord Latimer departed out of Brittaine The yearly summe 40 Franks And likewise the said Constables William and Hugh have received of the ransomes of such as were wont to bee ransomed during the Warre more moneys than would have well payd all the Souldiers of the said Town The summe 50 Franks And likewise the said Countrey of Brittaine have paied to the said Constables William and Hugh for the death of divers Gentlemen liege men of our Lord the King that were killed upon the land of Brittâ—ine The summe 30 Franks And likewise the said Constable and William his son gathered upon the Countrey of Brittaine to send Monsieur Gakes from Plimouth dates to England The summe 12 Franks And likewise the said William for that he lost 20 Marks in the Isle of Garnesey in a Ship put a fane and ransome upon the said Becherell The summe 1000 Franks And likewise Robert Ravenstons boy had stollen stollen a hâ—lf salt-seller of silver and therefore the Land of Brittaine was ransomed The summe 2 Franks And likewise the said Constables William and Hugh Receivers of the said Town had received divers times for victuals sold as salt wine beefe and other commodities to the summe of 1000 Franks to the great losse of your poore liege-men and to the Town of Becherell For by these extortions which they had borne and sustained by the horrible necessity of the poore people and likewise of the Gentlemen was the said Town lost Wherefore they beseech our Lord the King and his Councell to cause the said Constables William and Hugh to come and answer the aforesaid receits so that our Lord the King may be served of that which belongeth to him and that your poore liege-men that were in the defence of the said Town may be paid their wages for the time that they were in the said Town if so it be your pleasure And likewise the said Lord Latimer was impeached by the Commons of divers loanes made to the use of the King without cause necessary to the great losse and and grievous dammage of the King and more especially of a loane that was made of late to the use of the King by the counsell of the Lord Latimer Richard Lions and others of his covin of 20 thousand markes where our Lord the King was obliged to his Creditors in the said Case to pay again 30 thousand marks and that was done by covin of the said Lord Latimer and others that were privy with the said Creditors to have part of the said Gaine and to be parties to the said deed or without answering the said loanes for it was furnished in speciall that the said money was the Kings own taken out of his Chamber or Treasury and also the proper money of the said Lord Latimer and Richard Lions who appeared as if oppressed by the said loane and also for that by like Covin between him and the said Rich. Lions for their singular profit gaine he had procured and counselled our L. the King to grant many Licences by Patents and Writs to cause a great quantity of Wools skins and Leather and other things to be carried to parts beyond the Sea other then to Callis against the Ordinances and defences made before time in that behalfe to the destruction of the staple of Callis and of the moneyage there to the great dammage of the King and of the Realme of England and hurt of the Town of Callis and likewise that by such covin done betweene him and the said Richard Lions for their singular profit he had causâ—d to be put upon the wools skins leather and other marchandises of the Staple divers new Impositions That is to say of every sack of wooll passing other where than to Callis by such Licence 11 s. more against the Statutes and Ordinances thereof made and also for that by his singular profit and ill government betweene our Lord the King and his Realme they have had and suffered many other grievances losses dammages and villanies without number as the losse of the Towne of S. Saviour in Normandy of the said place of Becherell and of other Fortresses which might have been well saved and kept if the King had been well counselled And also concerning certaine Spies and other felons taken and imprisoned by the King and after delivered by the Lord Latimer of his own proper authority without the knowledge or pleasure of the King taking upon him and incroaching notoriously in doing these things upon the Royall power
Whereunto the said Lord Latimer then present in Parliament said That saving to him what ought to be saved to him as to one of the Peers of the Realme as well in giving of Judgement as otherwayes in time to come if please our Lord the King and the Lords assembled he might be put to answer to him which in especiall would accuse him of any of the matters aforesaid and afterwards for that no especiall person would openly accuse the said Lord of the same things in Parliament whereof the Commons would maintain the said Accusations against the said Lord Latimer in accusation of his person and Declaration of his fame he said that true it was that hee was Captain of Becherell and that such a Peace was made in Brittaine under the King and that an inquiry was made and put in writing â—ealed with many Seales of the Lords of Brittaine and sent to our Lord the King in England which enquest is there called Ragman but he saith that this Enquest was made by the Brittons and French which would not have our Lord the King nor any Englishman for their Governor and falsly to have destroyed the said Lord and he saith now as other times he hath said to our Lord the King when he was in like manner impeached thereof before the King himselfe that all the profits which he at any time received by himselfe or otherwise in Brittaine passed not in all things the summe of 10000 l. accounted in the same summe of 10000 l. all the profits which he received for the ransome of Viscount of Roane and of other prisoners which he tooke at the Battaile of Crey and this he is ready to prove by all reasonable wayes that one of his estate and degree ought to do and he saith that it seemeth by the Law of Nations that the said Ragman is not to be allowed and that it was done by the enemies of the King and Realme as aforesaid and likewise made out of the Realme and that therefore all men ought not to hold him of the lesse credit or Reputation And soon after the Commons having this answer of Submission prayed the Lords of Parliament in behalfe of the King that the 10000 l. execution be had forthwith against the said Lord Latimer as of a thing past by the said Submission thereof as he had knowledged at another time when he was impeached thereof and that the said Submission be made by him as it ought to be nor that any remonstrance or agreement be made to the King nor pardon nor other thing gotten by which he may be discharged And the Lords answered that the said Answer should be reported to our Lord the King and thereupon right shall be done for the King and as to the said Bill preferred afore in Parliment concerning such men as he made his Deputies or Lievtenants at Becherel and Plimoyson the said Lord Latimer faith that hee is altogether innocent and without blame even at the time that the said Ragman was so made and sent to our Lord the King And the Lords answered thereunto that they would take advice of the Kings Councell and thereupon right should be done on every part As to the loanes made to the use of our Lord the King without necessary cause he answereth and saith that he knew of none without cause very necessary and greatly behoovefull And to that that the intent is submitted to be false covin or other disloyalty for profit or to have part he saith that he is altogether innocent and not guilty and that he never delivered nor tooke any money or other thing of the King nor of any other to make the said pretended Loane and that he was ready to prove by all wayes that a man ought to do And as to the Patents and Writs made and granted for the passing of woolls skins leather c. otherwhere than to the Staple of Callis he saith That those licences were commenced before his time with the King as well at Genoa and Venice as other where and further saith that if nothing thereof had been done till his time the same haâ— not been done nor was persued by his counsell only but by him with others and that theâ—e accrewed thereby by vertue of the Kings Grant great profit to the King Whereof he was answered in his chamber And as to the new Impositions the same were never put upon the woolls skins and leather by him of late nor upon the Countrey in any part but only the subsidies thereof granted in Parliament and that at the instance and prayer of those who demanded such licences which payed voluntary and without any compulsion 11 s. the sack that is to say 10 s. to the use of the King and the 12 d. to the use of the Clerks writing and persuing the sâ—id Licences which moneys he hath not yet put in certain and further saith that he took nothiâ—g therof to his own profit by himselfe nor any other and that he is ready to prove by all reasonable ways and thereupon it was witnessed in Parliament by M. Richard Sâ—roope Chancellor late Treasurer of our L. the King that Wil. Walworth of London in time when the said loane was made to the King of the said 20 thousand marks the said Wil. Walworth profered in behalfe of himselâ—e and his companions marchants of the said Staple of Callis to the Lord Latimer to make a loane to our Lord the King of 10000 l without repaying any thing for increase by usury or otherwise by covenant so that they might be repayed the said 10 thousand pounds in their proper hands of the Subsidies due to the King of their wooll c. then next to be passed to Callis and that the King should covenant and grant that no such Licences shall be henceforth granted to carry woolls c. out of the Kingdom further then the Staple of Callis To which the said Lord Latimer answers and saith that he had no such proffer of them and the other affirming the contrary wondered that the said Wil. Walworth should make such a profer And as to the losse of the said Townes and Forts and the deliverance of some spies or felons so imprisoned the said Lord also saith that he is not guilty and that he will prove avow by all reasonable ways that he ought to do And therupon many other words and reasons shewen and pleas as well in fuâ—l Parliament as otherwise before the Prelates and Lords only as well for the part of our Lord the King as for the part of the said Lord Latimer and many examinations in print as well as otherwise aftâ—r full deliberation thereof had Iudgement was rendered in Parliament against the said L. Latimer in these words that follow For that the said Lord Latimer is found in full Parliament in default by his singular government and counseâ—l against the profit of the King and his Realm That is to say of divers loaâ—es procured unto the Kings
losse without necessary cause and also of Patentâ— made in destruction of the Staple of Callis and alsâ— of divers Impositions put upon woolls against the Statute of Parliament in that behalfe lately made he is awarded by the Prelates and Lords in full Parliament to prison to be kept in Ward of the Maâ—shall and to make raâ—som at the Kings will whereupon the said Commons beseech the King for that he is found in such defaults by his singular Counsels he being in all Offices of the King and especially one of the Kings Privy Counsell throughout all that time it was requested that the King would bee pleased to grant that the said Lord might go under baile whereupon the King willed and granted that the said Lord Latimer should find in Parliament certain Prelates Lords and others during the Parliament to have his body before the King and the Lords to answer further to the Articles wherof he was â—o arrested under a certain paine and forme comprised in a Schedule annexed And under such surety the Marshall of England let him go at liberty Ibidem N. 31. ITem Willâ—am Ellis of great Jermouth is impeached and accused in this present Parliament in divers manners first viz. by the surmise of the Commons made to him that the said William whilest he was Farmer to our Lord the King of his pety Customes in the Port of great Jermouth and Deputy of Richard Lions Farmour of the Subsidies of 6 d. the pound granted by our Lord the King of all Marchandizes passing out of the Kingdome and entring in the same for the safeguard of the Sea and of the Marchants passing by Sea and of their Marchandize he did take by him and his servants as well English as of Strangers in the said Ports and members thereof by way of extortion by colour of his said Offices many great summes of money and otherwise that he ought not to have done in great prejudice slaunder of the King and dammage of the said Realme and to the oppression and wrong of the Marchants aforesaid And the said William Ellis present in Parliament saith that true it is that he is one of the Farmours of the said pety Customes of the Marchants passing and comming saving the purport of the Commissions thereof made without that that he tooke the same or caused any thing to be taken by extortion more than was clearely due to the King and that hee was ready to prove to the King by whatsoever way way hee ought to do and the Commons replying said that the said William confessed to them in the Common assembly in the Chapter house within the Abbey of Westminster the day before that he had received the said 33 l. prayed that against his owne ackowledgement so openly and before so many persons he might not at other times be received to say the contrary And therupon the said Commons brought in Parliament John Botild Willi Cooper of Leiwstoft and two others that affirmed they had payed to the said William Ellis by the said Marchanâ— of Scotland the said 3â— l. for full Informâ—tioâ— of the matter aforesaid which John and William Cooper being thereof examined in Paâ—liament acknowledged that tâ—ey were obliged to our Lord the King and to the said William Ellis by their obligations or letters obligatory in the said 33 pounds together with the said Scot which was their hoast and payed at a certaine day for the said Subsidy of 6 d. the pound due of all the marchandizes in the said ship and the truth was that the said Scot discharged nothing of all the matters aforesaid at the day of payment but that they payed to the said William Ellis the 33 l. and therupon the said Commons prayed Iudgment upon the same said William Ellis who said that although that he had received the said 33 pounds of John Botild and of the other aforesaid be received it not but as supposing the same a gift and that without câ—ndition and that as often as concerning the â—ame hee should have a Writ or other Commandement of our Lord the King he would make deliverance thereof which otherwise he would not do voluntarily Item afterwards the said John Botild and William Cooper did put in the Bils in form which followeth To our Thrice doughty Lord the King and to his Sage Councell Sheweth John Botild of Lewistoft that the munday next after the Ascension of our Lord in the yeare of the raigne of our Lord the King that now is the nine and fortieth that there was chased by tempest in Kirke la Rode one Cockboat of Gotham in Pruse whereof the Masters name was Henry Luce charged with divers Marchandizes of the Marchants of Pruse that is â—o say Freeze and other marchandizes And the same day William Savage Clerke and servant to Wil. Ellis by commandement of the said William Ellis tooke of the said Cockboat for the marchandizes neither discharged the same from paying custome then 17 nobles and a last of leather the price of the last 10 pounds 16 s. at Lewistoft before the boat went out of Kirke la Rode to the great danger of the said Marchants And because that the said William Ellis knew that Wil. Cooper would come to this Parliament and shew this grievance others in aid of the Marchants and also set forth how the great Charter Huc Ang. might be amended in aid of the whole Realm the said Wil. by his false suggestion caused the said Wil. Cooper to be arrested and cast in prison for the space of 3 weeks May it please our thrice doubty L. the King his sage Councell to make remedy thereof in worke of charity Which Billes passed in absence of the said Wil. Ellis he saith that as to the said 17 nobles and skins called leather he could not sweare for him nor for any of the said Marchants of Pruse nor other whatsoever and the said John Botild and Wil. Cooper affirming the contrary at last it was said by the Lords in Parliament that those Billes touching the entry of the leather were now in the Kings Bench for Triall And as to the said Imprisonment the said William Ellis saith for that he was warned in coÌ„ming to London by many sufficient persons that the said John Wil. Cooper with 36 other persons of Lewist did lie in wait for the person of the said Wil. Ellis at Wickham market in Suffolke and going there in the high way of Gerneith from London at such time as the said W. was going towards London carrying with him a great summ of the K. money of the Customes Subsidies aforesaid and for that the said W. Ellis is awarded to prison to make fine ransom to our said L. the K. it is awarded to either of the said Iohn and William Cooper twentie pounds for their dammages and dispences during their said Imprisonment had and suffered Also it is awarded that the said Commissions be made to sufficient Gentlemen to enquire
of William Ellis and of all others Deputies of the said Richard Lyons throughout the Realme Parl. Anno 1. R. 2. n. 32. 33. ITem William Fitz-Hugh Goldsmith of London preferred his bill in Parliament in form as followeth To our thrice excellent thrice noble Lord the K. and to his thrice Honourable and thrice sage Councell shewen the poore Commons of the mysterie and company of Goldsmiths in the City of London that Iohn Chichester Iohn Botesham and many other Gentlemen and ricâ— goldsmiths of that mystery in the same City by their compassing and subtill devising deceitfully have caused many of the said company to enseale severally divers obligations and those who refused so to doe were taken and imprisoned and in danger of death by many grievous threatnings of the said goldsmiths who had sealed severally divers obligations as their poore companions had done before to cause that the said poore Goldsmiths should not buy nor sell to any Merchant Cutteller Ieweller Vphoulster nor to any other forraigner nor Denizen any goods of their working except they sold the same at a treble value and that none of them should carry gilt nor any other thing of gold or silver to any Ladie or other person to make profit thereof and if they did that the paine comprised in the said Obligations should incurre upon them as before the major Sheriffe and Aldermen of the sâ—id Citie as by the confessions of the said rich Goldsmiths it was proved wherupon it was unreasonably debated so that it was put by good mediation and advice to the said Maior and many of the Aldermen of the City the said rich and poore Goldsmiths put themselves in Arbitrement of three good men for a finall accord of all the debates and quarrells betweene themselves which Arbitrators assented upon certaine points rehearsed to the parties aforesaid and ordained the same points to be affirmed and inrolled in the Parliament for ever and thereupon the said parties were released But notwithstanding this Agreement the said rich Goldsmiths would not assent nor suffer that the sâ—id points bee inrolled and holden as the said Arbitrators adjudged And furthermore by their procurement many mischiefs doe from day to day arise to the wrong of the said poore Commoners so farre as they are like to be undone which God defend and have purchased likewise a new Charter against the said agreement to the great decay and hurt of the said poore Commons may it please you thrice gracious Lords to ordaine and command that the said Accord bâ—e affirmed and holden finally for good and that the said Charter and other things tending to the prejudice and losse of the said poore Goldsmiths bee made voide for Gods sake and in the worke of Charity And thereupon the said Iohn Chichester and Iohn Botesham and many other Goldsmiâ—hs of London came iâ— Parliament and haviâ—g heard the said Bill it was forthwith demanded of the said William Fitz-Hugh if hee would maintaine the said Bill and finde pledge to doe and answer that which the Law demandeth who said that he would doe so but afâ—erwards he could not bring in his surety nor pleadge to answer the said Bill so was the said William Fitz Hugh commanded to the Tower by the award of the Lords in Parliament Ibidem Anno 41. ITem the said 24. day of Decemb during yet this present Parliament Alice â—ierce was caused to come in the same Parliament before the Prelates and Lords for to answer certaine matters which by Letters should bee surmised against her in the Kings name and thereupon by commandement of the Prelates and Lords of the said Parliament Master Richard Scroope Treasurer Steward of the house of our Lord the King rehearsed in Parliament in the presence of the said Alice an Ordinance made in Parliament holden at Westminster the monday next after the feast of Saint George the yeare of the reigne of the King Vnckle of our Lord the King that now is the 50. in these words For that complaint is made to the King that many women have persued in the Courts of the King divers businesses and quarrells by way of maintenance and to have a share which thing displeaseth the King to defend and that hâ—nceforth no woman shall doe so and more especially Alice Pierce upon paine of whatsoever the said Alice may forfeit and to be banished out of the Realme and after this rehearsall made the said Steward surmised to the said Alice that it seemed to the Lords of Parliament that she had incurred the paine comprised in the said Ordinance and had forfeited against the said Ordinances in certaine points and more especially in two viz. that she stayed Master Nicholas Dagworth Chancellour when he was ordayned by the Councell of the late King to goe into Ireland for certaine urgent businesses which should have beene profitable to our late King and his Realme the said Alice after the said Ordinance made as aforesaid perswaded the said King in his Court at Havering that at her singular persuit and procurement the said Nicholas was countermanded and his voyage stayed from all that Island to the great dammage of our said late King and his Realme Item That whereas Richard Lions for misprisions wâ—ereof he was convicted at the said Parliament holden the said 50. yeare of our late King Edward submitted himselfe in the Parliament into the favour of the said King that is to say his Body all his Lands and Tenements and he gave some of them to the Earle of Cambridge and some of them to Master Thomas Woodstock now Earle of Buckingham for terme of their lives the which our late K. after having pitie of the said Richard was willing by the assent of his Councell to shew him favour and to pardon him the Imprisonment of his body and to restore him to certaine of his Lands goods and chattells aforesaid which pardon seemed to our late King and his Councell tâ— be a grace sufficient notwithstanding the said Alice so perswaded the said late King in his Court at Sheene that by the singular persuit and procurement of the said Alice our late King Edward granted to the said Richard all his Lands goods Tenements and chattels aforesaid together with the said Tenements which hee had given to the said Earles for terme of their lives as before said amongst the same pardoned the said Richard 300. l. of certaine Arrerages due by the said Richard in the Exchequer and also granted him a thousand marks of his Treasure to bee â—eceived of the said Ladie which persuit and procurement are contrary to the Ordinance aforesaid And the said Steward demanded of the said Alice how she would excuse her selfe of those Articles which Alice did answer and say that she was not guilty of those Articles and that she is ready to shew and prove by the Testimony of the said Master Iohn Iprâ— then Steward of the said King Edward William Street then controller of his house Allen Buxall
Knight and Nicholas Carrein Keeper of the privie Seale of the said King and others that did then belong to the said King and afterwards from him to the time supposed that she committed forfeiture and that they can discover the truth And thereupon day is given unto the said Alice untill Wednesday next by the Prâ—lates and Lords of the Parliament and it was ordained and assented that those Articles shall be tried by witnesses and by enquest of those that were of the houshold of the late King Edward whereby the truth may better be knowne and thereupon were certaine persons examined before the Earle of March the Earle of Arundell the Duke of Lancaster the Earle of Cambridge and the Earle of Warwick that is to say first Master Roger Beauchampe late Chamberlaine of the said King Edward sworne upon the holy Evangelists and diligently examined touching the Countermand of Master Nicholas Dagworth and upon the other Article concerning the said Kings pardon and favour to Richard Lions saith upon his Oath that in presence of the Ladie Alice Pierce a Bill was delivered to him which Bill he tooke and after hee had understood that the same contained the calling back of Master Nicholas Dagworth from Ireland for that he was an enâ—my to Master William Winsor to that which the Bill supposed he answered that hee durst not preferr it to the King for that the Counsell had ordained the contrary and the said Alice requested him and said that he might safely deliver it to the King and presently the King demanded of what matter they discoursed and the said Master Roger answered of a Bill that doth containe such businesse forthwith when the King had understood the Bill hee answered that the Petition was reasonable and when Master Roger replyed the Councell had ordained to the contrary the King answered that he himselfe was agreeing and that yet it seemed the Bill was reasonable and commanded him that the said Master Nicholas be caused â—o be called back which was likewise done but what day or moneth it was he remembreth not and as to the matter of Richard Lions the said Mr. Roger saith that he was Chamberlaine but an houre and so knoweth nothing more then he hath said Item Master Lanc. diligently examined before the Committees saith that he came one day to Havering and found the Ladie Alice Pierce there and forthwith Master Roger Beauchampe shewed him Billa and after the King understood the matter hee said thus that it seemed not reason that one enâ—mie should bee judge of another and the said Duke answered that hee was come betweene them but it was so that the said Maâ—ter Nicholas was sent for the profit of the Land and of all the Realme and therefore it was ordained before the King that the said Master Nicholas and Master William doe come before the Councell and if the said Master William could prove any cause for the Enmity betweene them that then the said Master Nicholas shall not goe if he well can prove such enmity otherwise the Ordinance of the Councell made in that behalf shall stand in force to which thing the King did well assent for that time but forthwith the King was assailed in his chamber by the said Ladie Alice and there came in the said Duke and prayed the King that he would not suffer in any sort that the said Mr. Nicholas bee called back who answered that it should bee no otherwise then it was afore ordained before the King and when hee came in that behalfe to crave a testimoniall favour hee could not obtaine it and the next morning when the said Duke did his obeysance to the King in his bed The King himselfe commanded upon his blessing that he suffer not in any manner that the said Master Nicholas goe into Ireland The Ordinance thereof made the day before to the contrary notwithstanding and likewise the said Master Nicholas was countermanded and as to the Article of Richard Lions hee saith in his conscience that the said Alice was principall promotrix of the said businesse but he was not present when it was done Item Master Philip de Bath sworne and diligently examined saith as to the Article of Master Nicholas Dagworth that he heard not the said Dame Alice speak to the King of the same matter but hee heard in the Kings house the said Ladie Alice make a great murmur and say that it was no reason nor Law that the said Master Nicholas who was an enemie to the aforesaid Master William should goe into Ireland to enquire and doe Iustice against him and more hee knowâ—s not how to say in this matter But as to the Article of the said Richard hee saith that he was one day at Sheene when the said Richard was brought before the King and that he was called into the Kings chamber to heare those things that were to be done and when he understood a little of the matter he would not stay in the chamber and further he saith that there were then in the Kings Chamber the said Lady Alice Nicholas Currein Master Allen Buxall Walter Walsham and many others saith that she was in the Court and that the said Lady Alice was an aider and friend in the businesse Item Nicholas Currein sworn as aforesaid and diligently examined saith that he was commanded by the King to come to Sheer there he found Rich Lions which Richard and Nicholas were commanded to come before the King to his bed and there they fouâ—d the Lady Alice Pierce sitting at the side of the bed and there it was shewen that the King would pardon the said 300. l. to which he was yet bound to the King as of the arrerages of his accompt in the Exchequer and also the King would give to the said Richard 1000. markes of his Treasure and further would make full restitution of the Tenements which had bin given to his sons of Cambridge and Woodstock as before said And thereupon the King commanded the said Nicholas to say from him his pleasure to his said sâ—nnes but he saith that hee remembreth not iâ— that matter were showne at that time before tâ—e King by relation of any other person or by the Bill of the said Richard there read or otherwise by the said Richard himselfe the said Nicholas remembers himselfe very well that he requested to come before the King who caused to come from behind â—hâ— curtaines Master Allen Buxall and others Knights and Bishops which then were there to testifie that which the King had said to the said Nicholas in the said commandements and so it was done and all the commandements of the King were râ—hearsed in presence of all those men And as to the matter of Master Nicholas Dagworth he saith that he knowes nothing but that Master Roger Beauchampe sent him to countermand the said Master Nicholas Item Master Allen Buxall sworne in like manner and diligently examined saith that one day at Sheen after the last Parliament
he was called to the King where hee found the Lady Alice Pierce Nicholas Currein and many other Knights Esquires which came with him and there it was rehearsed by the said Nicholas how the King had shewed favour to Richard Lions of his Tenements which were holden by the Earle of Cambridge and Master Thomas of Wooâ—stock and had given him a 1000. marks of his Treasury And as to that which was don the said Dame Alice Pierce prayed the same Mr. Allen that hee would declare to the said Earles the Kings will his chargings upon the blessing of their father to cease to extend the Tenements of Maâ—ter Allen and that they doe it voluntarily if the King commanded them to doe so And forthwith at the instance of the said Alice the King commanded and it was also done And as to the Article of Master Nicholas Dagworth he saith that he knoweth nothing but that hee heard the said Lady Alice say many timâ—s that it is not reason nor Law that the said Mr. Nicholas who was enemy to Master William Windsor should bee sent into Ireland to make Inquisition of him or against him Item Will Street late controller of the Kings house sworne in like manner and diligently examined saith that he was one day at Havering when Williamâ—f Yorke spake to the K. of William Windsor in presence of the Lady Alice Pierce for to disturb the passage of Master Niâ—holas and the said Lady Alice said that it â—as not reason that one Enemy shoulâ— bee Iudge of another And moreover the said William Streâ—t saith in his consciâ—nce that the said Ladâ—Alice was principall and motrix of the said cause as he verily beleeves And as to the Article of Richard Lions he knowes nothing before it was all finished Item John Beverill sworne in like manner and diligently examined saith that he heard not at any time the said Lady Alice speake to the King concerning neither the one Article nor the other and that she kept her selfe well from him that she spake nothing in his presence but hee thinks in his conscience that she was the promotrix in the said businesse for hee knowes no other which could have followed that matter and notwithstanding they were caused to come before the said Duke and the said Earles Mr. Robert Beauchampe Master Allen Buxall Master Iohn Burle Mr. Philip de la Page Mr. Iohn Foxley and Thomas Barre Knight Nich Currein Iohn Beauchampe of Holt John Beverly George Felborough John Salisbury William Street Pierce Cornewall Thomas Lurden Lolvin Legat Esquires of the house of the said late King Edward which doe say upon their oathes that the said Alice was principall promotrix to the said King at his Court aâ—Havering about the Feast of All Saints in the 50. yeare of his Reigne concerning that Article touching the revocation of the said Nicholas Dagworth and for that she was committed Item as to the Article touching Richard Lions they know well that the said Alice was well willing councelling and aiding to the said busines prevailing with the said King at Sheeâ— in the moneth of May last past and for that she is found guilty in the same impeachment and the Lords of Parliament that were at Parliament when the said Ordinance was made remember that their intention was witnessed and bearing the force of a Statute and by the generall words whatsoever the said Alice may forfeit extend as well to the forfeiture of Lands and Tenements as goods and Chattells and all other possessions considering the dammages and villanies by her done to the King and to the Realme for that it was in effect to restraine and punish the said Lady Alice only wherefore it is awarded in this present Parliament that the said Ordinance have the force and effect according to the intent aforesaid that she be banished out of the Realm and her Lands and Chattels Tenements and possessions as well in demeane as in reversion be forfeited to the King and seised into his hand and it is the Intention of the King and of the Lords of the Ordinances assented to in the same Parliament that all the Lands whereof she hath taken the profit or bargained to her own profit be forfeited because of the fraud which may bee presumed in which shee is most abounding for which câ—use the same shâ—ll 〈◊〉 â—orâ—eited to the King and seised as the oâ—her Lands And it is the Intention of the King and of the Lords that this Oâ—dinance and award made by the King for such odious things in this especiall case which may extend to a thousand other persons shall in no other case but this bee taken in Example Likewise it is ordained and assented that notwithstanding the said forfeiture if she purchased any Lands or possessions by foâ—ce or dures Bee it by fine or by deed in pais or deed inrolled or otherwise that the purchase bee holden for nothing and that the parties which perceiv themselves aggrieved may have remedy by processe in Chancery and by advice of the GRANDIES of the Councell right shall bee done to the parties and restitution made according to the case demanded so that the purchases made bona fide be not made voide nor disanulled bâ— any manner of way Et istud rotulum sic factum scriptum tradidit liberaâ— it Edmundus Bradwell Clericus de Corona c hoc in Parliamento assig Clerico Parliamenti Ex. Rot Parliam Anno 7. R. 2. N 11. ITem It is to be understood that the 23. day of May there was present one Iohn Cavendish of London priâ—oner in this Parliament before the Commons of England in their Assembly in presence of some Prelates and Lords temporall there being and afterwards before all the Prelates and Lords being in this Parliament and prayed the Lords that for Goâ—s sâ—ke they would hasten for the peace and safety of his life that hee may have iufficient surety of the peace of those wheâ—eof hee complained and especially demanded surety of the Peace of Master Nicholas de la Poole Chancellor of England and this request to him was granted and thereupon by Commandements of the Lords aforesaid the said Master Nicholas there present found Sureties to be peaceable towards the said Iohn that is to say the Earle of Stafford and the Earle of Salisbury and the said Iohn rehearsed how at the last Parliament hee had made persuit by one Savill against Gibbon Mansfield Robert de Parry Iohn Hawkins and WILLIAM HORSMAN to have Restitution of certaine goods and marchandizes of great value left upon the Sea in default of the said Gibbon Robert John and William at the time when he had undertooke the safeguard of the Sea and of the marchandizes passing and comming from Sea for the time against all Enemies out of the power Royall which Bill was endorsed in the said Parliament he confessed and acknowledged in the Chancery for to discontinue and determine the matter by composition according to
Law and reason And further the said Iohn saith that hee being a Fishmonger hath preferred at the same Paâ—liament his Bill for that a Clerk and familiar of the Chancellor whose name was Iohn Otler undertooke that the said Fishmonger should the better have good helpe in his case of the said Chancellor before whom his busines depended who was to do Iustice to high and low which Clerk demanded copies of his Bills and demeaned the whole businesse that he delivered to him which when hee had viewed and understood he promised that for 40. pounds to the use of his said Lord and 4. pounds to his own proper use hee should have his busines welâ— graciously dispatched by his Lord without difficuâ—â—y upon this promise the said Iohn CaveÌ„dish was well agreed granted to pay him the said 44. l. in maÌ„ner as he should demand the same but for that he said he had not the sum ready in his hand to pay he obliged himself voluntarily to make payment well lawfully at a certain day â—o it was done and afterwards the said Fishmonger delivered to the Clerk certain quantity of Herring Sturgeon and other fish to the value of 9. or 10. marks to the use and behoofe of the said Chancellor in part of payment of the 40. l. aforesaid and 3. ells of Scarlet which cost him 32. s. he delivered to the said Clerke in part of payment of the said 40. l. which he promised And further the said Cavendish saith that although he had don so much and promised to give more to one person and another alwayes yet he found not long friendshiâ— aid fâ—vour nor succour in effect in the person of the said Chancellor in the said suit for all his cost and also he saith that a good part of all sorts came with him to the house of the said Chancellor to discourse of his matter where hee found there his Adversaries before him where hee encountred them in presence of the said Chancellor but if the said Chancellor be to bee punished for committing of this Affaire or no he knoweth not God knowes but he saith that true it is that at a certain day past the said Chancellor caused him to bee payed for his Fishes and that hee cancelled the Obligation and that the same was cancelled in bounty and conscience or otherwise to shunne a slaunder and reproach in the case hee knowes not now to say but saith for certaine that for the three Elles of Scarlet hee was not yet payed and thereupon the said Chancellor first of all before the LORDS and COMMONS answereth and saith That in this affaire and of all this matter hee is innocent in every degree And first of all as to that that is surmised of him by the Accusation hee now saith that the said Fishmonger had not beene delayed nor is yet delayed by the said Chancellor and that right and Iustice is done to him in the said Suit and that the Accusation containes no Truth and the said Chancâ—llor voucheth to witnesse all the Iudges and Serjeants of the Realme who were present in the Chancery many times when the said matter was pleaded betweene the parties which suit is pleaded to issue whereof part lieth in Iudgement and part remaineth untried so that nothing now remaineth to doe but to render Iudgement there of what remaineth in Iudgement and Traverses thereof have beene put in for difficulty and for other cause and that it is not Truth of the said Chancellor that the Fishmonger hath now said that hee could not have Iustice and that hee is unjustly delayed And as to the remnant of the Accusation now made the said Chancellor sweareth by the SACRAMENT of IESVS CHRIST that hee is utterly innocent and more thereof did never come into his Cognizance but in manner as hee hath said which is thus and saith that of late hee had speech with the Officers of his house to know the Estate thereof and for ordinary payment of those to whom for the dispences of his said House hee was a debtor and there first of all and before his Officers hee demanded how such a quantity of Herring and Sturgeon was brought into his said house and not by way of bargained-for provision and in what manner the same was spent in his house whereat he marvelled because he knew not the said Fishmonger and there withall he reckoned with his said Officers how such an obligation was also made by the said Fishmonger who had a generall suit depending before him and as soone as the heads of this matter was understood by him hee was much grieved and in passion did curse and sweare to his said Officers that hee would not eat nor drinke within his said house untill the said Fishmonger was payed for that which he had sent into his house aforesaid and the Obligation was utterly cancelled and defaced and thereupon presently was the said Fishmonger at his commandement caused to come in presence of the said Chancellor in the Chappell within his house where hee stayed for the present time when he was in London in the same Chappell where our Lord Iesus Christs Sacrament was continually he swore by the same Sacrament in presence of his said Clerk of the said Fishmonger that he was never bouÌ„d to do that which his said Clerk had undertaken that he touched nothing of the said Commodities before reckoned nor had knowledge thereof in private or in publick but by relation of those other Officers in manner aforesaid and that hee was never a partner to the said Covenant made thereof in any manner nor caused the said Clerk to take the same Obligation but caused the said Fishmonger to bee payed for his Fish aforesaid And the said Chancellor swore by the Sacrament of Jesus Christ that his excuse now given in contained full truth and that hee is ready to prove in whatsoever manner it pleaseth our Lord the King and his Noble Lords of the Realme there present to ordaine and the said Chancellor prayeth to the Lords aforesaid that they have due consideration to the Estate that hee beareth within the Realme by his Office of Chancellor that it may so please them to ordayne him due remedie and Iustice of the said Fishmonger concerning the defame and grievous slander which hee had brought upon his person in Parliament which is the most high Court of the Realme and could not accuse the said Chancellor of any thing in his complaint but onely the Clerk of the said Lord And for that the said Fishmonger disclaimeth in part his said Accusation and so denieth by his owne mouth that hee had not any bargaine with the person of the said Chancellor but with his said Clerk And also for that as well the said Clerk as the said Fishmonger thereupon examined acknowledged that the aforesaid Obligation was made to the said Clerk onely and in his name without naming the Person of the said Chancellor in any part and that the same
Clerk upon his Oath made in the case had fully excused his Master the said Chancellor that hee was not knowing of the said Obligation nor of the Covenant aforesaid otherwise then before set forth And for that also his said Officers Gibbon Robert and William were personally in this Parliament and examined upon their Alleageances to say the Truth of their part in this case answered expressely that they never gave any thing nor promised to give reward to the said Chancellor in private nor openly by themselves or any other person in the World the Lords aforesaid â—old the person of the said Chancellor for excused of whatsoever was comprised in the Accusation aforesaid And thereupon the said Chancellor prayed againe to the LORDS there for that as well the said Fishmonger had disavowed his Accusation in part and for that he might every way be excused thereof for any thing that could appeare to the Iudgement of every discreet person which heareth the said Accusation that for those words which the said Fishmonger had put in his Bill he the said Fishmonger might be arrested untill he had found sufficient sureties to tender him that which should be adjudged upon this matter and especially upon the false slander aforesaid which he had drawn upon him And therupon it was commanded by the Lords That as well the said Fishmonger as the said Clerke should be committed and so they were committed to priso◠〈◊〉 â—fterwards they were let go at large That is to say the said Fishmonger by the maine-prise of Thomas Spicer aâ—d Steven Skinner who wâ—re obliged body for boâ—y to have the said Fishmonger from day to day before the Lords aforesaid or before whatsoevâ—r Judges should be assigned And afterwards fâ—r that the Parliament was drawing to an end and the Lords were also greatly busied there amongst oâ—her great businesses of the Realm The said Suit by the Paâ—liament with all things therof was referred to the Iudges of the Kings Bench to be heard and determined as well for our Lord the King as for the parties In Schedula Record fact apud Westminsterium per Justiciarios c. ET postea die Martis proximo post octab Trin. viz. 14 die Junii Anno regni Domini Regis R. 2. post Conquestum 7 Robertus Tresilian capitalis Justiciarius in Banco ipsius Regis Robertus Belknap capitalis Justiciarius in Communi Banco Roger Fulthropp unus Justiciarius in Communi Banco vigore Commissionis Parliamenti dicti Domini Regis apud Novum Sarum ultimo tento fact authoritate ejusdem Commissionis unde in rotulo Parliamenti predicti mentio facta est specialis contra quendam Iohannem Cavendish de London Fishmonger qui Parliamento praedicto primo viz. Coram communitate regni Ang. Congregat. postmodum alia vite coram magnatibus ejusdem regni in eodem Parliamento de Michali de Poole Milite Cancellario dicti regni Iohanne Ottre Clerico ipsius Cancellarii de diversis misprisionibus sibi per eosdem factis ut asseruit graviter querelavit ipsum Cancellarium per hoc multipliciter accusavit aefamavit processi in hunc modum Imprimis viz. ipsum Iohann Cavendish Coram iisdem Iusticiariis apud Westminst. dicto 14 die Iunii assedentibus sibi tunc ibid. Hugone Seagrave Milite Thesaurario Angl. Magistro Walter de Shirlawe Custode privati Sigilli Iohanne Walâ—ham Custode Rotulorum Cancellariis nec non Waltero Clopton Willielmo Richell Iohanne de Lockon serviend ipsius Regis venire fecerunt qui ibidem comparens de accusatione sua praedict. fact in Rotulo Parliamenti praedicti plenius irrotuletur cujus matâ—ria una cum responsionibus per Dominum Canâ—ellarium in eodem Parliamento adhuc in excusationem suam datis prout continetur in Rotulo praedic pro majore parte recitat coram ipso Iohanne de Cavendish tuâ—c ibidem allocatum fuit per Iusticiarios praedic super hoc quaesitum fuit ab eodem si quid haberet pro se vel ulterius dicere sciret quare ipse poenam in Statuto contra hujusmodi defamatores edito subire non debeat maxime cum Idem Cancellarius se in Parliamento illo excusavit omni alio modo possibili se inde excusare est paratus qui quidem Ioh. ad hoc respondebat dixit quod ipse nunquam personam dicti Cancellarii in Parliam illo defamavit nec aliquid sinistrum sive inhonestum de persona ipsius Cancellarii clam vel palam in Parliamento ille dixit vel alias affirmavit quovis modo sed dicit quod quicquid per eum in hac parte fuerit hoc solum de praefato Ioh. Ottre Clerico ipsius Cancellarii in ista materia factum sententia verborum suorum ac modo forma eorundem nec non responsionibus ipsius Cancellarii aliorum ex parte sua hinc inde factis dictis ibidem debite ponderatis ulterius habenâ—a respondit ad hoc quod ubi praefatus Ioh. Cavendish dixit quod Justiciam coram dicto â—omino Cancellario praedict. prout alius praedict. Cancellarius allegavit in eodem Parlia. clare constare debeat cui cunque discreto intelligenti quod idem Ioh. Cavendish per accusationem suam praedictam ipsum cancellar. in eodem Parliam false defamavit Per quod consideratum est quod praefatus Ioh. Cavendish super defamatione illa convincatur idem cancellar. recuperet versus eum daÌ„na sua et quod Ioh. Cavendish praedict. committitur prisonae Domini Regis ibid. moratur quo usque tam preafato Cancellario de damnis suis praedictis quam dicto Domino Regi pro fine competenti sibi inde debito plenarie satisfecerit Rotulo Parliamenti Anno 10. R. 2. M. 4. 5. IN this Parliament all the Commons with one accord and in one assembly came before the King Prelates and Lords in the Parliament Chamber complayning grievously of Michael de la Poole Earle of Suffolk late Chancellor of England being then present and accused him by demonstrance of word of mouth in manner following that is to say First that the said Earle being Chancellor and sworn to do the profit of the King purchased of our Lord the King Lands Tenements and Rents to a great vaâ—ue as appeares by the Records and Rols of the Chancery against his Oath in thaâ— behalfe not considering the great necessity of the King the realm And moreover because the said Earle was Chancellor in time of the said purchase made the said lands and tenements were extended at a lesser value than they were worth per annum by a great summe to the deceiving of our Lord the King ITem the said Lords were assigned at the last Parliament to view and examine the Estate of the King and Realme and to declare their advice how the same may bee well amended and
put in better Governance and disposition And the examination report therupon made to the King as well by mouth as in writing the said late Chancellor said in full Parliament that the said advertisement and Ordinance ought to be put in due execution and that it was not done in default of him that was the principall Officer ITem Whereas the charge was granted by the Commons in the last Parliament to be put into certain forme demanded by the Commons and assented by the King the Lords and no otherwise nor in any other manner then was ordayned many mischiefes are come to the Realme and it seemes true that â—hey came in default of the said late Chancellor ITem It was debated That whereas one Tidman of Lymberch who had to him his heires of the gift of our late King Edward 50 l. per annum of the Custome of Kingston upon Hull which the said Tidman forfeited to the King And also the payment of 50 l. a yeare was discontinued for 20 or 30 yeares the said late Chancelor knowing thereof purchased to him and his heires of the said Tidman the said 50 l. a yeare and the purchase was untill the K. ought to enjoy the profit ITem It was debated whereas the high Master of S. Anthony is a Schismatique and for that cause the King ought to have the profit which appertaineth to him in the Realme of England the said late Chancellor who ought to have advanced and procured the profit of the King tooke to farme the said profit of the K. for 20 marks a yeare and there tooke to his own use goods and 1000 marks and more And that the said Master of S. Anthony in England which now is ought to have possession of the said profit and he could not have it before he had two persons bound with him by recognizance in Chancery and other Instruments to pay 3000 l. yearly to the said late Chancellor and to John his son 100 l. a yeare for terme of their two lives ITem That in time of the said late Chancellor there were granted and made divers Charters and Patents of Murthers Treasons Felonies Rasure of Rols Sale of Woods and in especial after the beginning of this Parliament there was made and ensealed one Charter of certain Franchizes granted to the Castle of Dover in the disherison of the Crowne and the subversion of the duties of the places and Courts of the King and of his people ITem By the Ordinance that was made in the last Parliament for the Towne of Gaunt That ten thousand marks ought to be gathered and for default of such collection there ought to bee forfeited 3000 marks that by default and negligence therein of the said late Chancellor the said Town was lost and forthwith the said 10000 marks payed the said 3000 marks lost by defâ—ult as aforesaid Of all which Articles the said Commons demand Iudgment of Parliament whereunto the said E. made his answer in manner which followeth First the said Earle saith to the Lords of Parliament how that he was Chancellor of England and the same time did represent the person of the King in his absence and demanded if he ought to answer without the presence of the King for that he was impeached of things done in time that hee was Chancellor Secondly the said E. had ordained by the advice of his Councell that Master Richad Scroope his brother in Law should put in the words of his Answer of the said impeachments Whereunto the Lords replyed that it was honest for him to answer by his owne mouth and therupon he made protestation that he might adde or diminish in his Answer what might be honouâ—able and profitable to him by advise of his Councell Which thing was granted to him ANd as to the first Article of his impeachment That is to say after that hee was Chancellor that hee purchased certain land of the King c. the said â— doth answer c. After that he was Chancellor he at no time purchased any lands nor tenements of the King nor the King gave to him any untill the time that the King caused him to take the Estate of an Earle but by way of true Exchange videlicet That how the said Earle hath had foure hundred markes a yeare upon the Custome of Kingston upon Hull by descent of Inheritance for which it pleased the King to assigne to the said Earle the Lands or Tenements in value and that he assigned and gave part thereof to the profit of the King as well yearely as because of a summ of 1000 marks payed to the King by the said Earle for that cause And further saith that the King at his progresse into Scotland pleased to make Duks Bannerets and Knights to the honour of him and his Realme he pleaâ—ed without desire or seeking of the said Earle of his own proper motion to make him Earle and commanded him to take the Estate of the Earle of Suffolke in place of him that late died and after that he named the quantity of that which he had to maintain that estate and further saith that he will assigne the quantity of the lands which were belonging to the said Earle of Suffolk who last died ITem He saith That the said Tidman hath had 50 l. a yeare upon the antient Custom of King upon Hull to him and his heires inheritably for ever whereof King Edward uncle of the King that now is was not payed of a long time as appeares by the Accounts of Customers of Kingston upon Hull in the Exchequer of our Lord the King which Tidman for 1000 maâ—kes which he owed to the said Earle granted to him by his deed a long time since the 50 pounds aforesaid to have and to hold to the said Earle and his heires for ever And because the said Earle made restitution of the patent of the said Tidman to the King discharged of arrerages the K. pardoned the same purchase without that that the said Earle then committed or had yet committed any forfeiture or debt against the King concerning the said Tidman ITem As to the other Article in which there is mention of a Charter granted c. he saith that a warrant came to him for so doing and for that it was A Castle and to the profit of the King without evill intent of the said Earle he passed it not intendiâ—g then that it was against the Laws And if any man would have declared or informed the said E. that it had been prejudiciall to the King or his Laws he had not ensealed the same but would have repealed it and that yet thereof no dammage is come c. And as to the other Charters specified in the same Article he passed them by Warrant without ill intention or covin of his part in any point And further he prayeth that no new way bee put upon him otherwise then had beene used aforetimes upon any Lord or such Officers understanding that of the Chancellor
in North Dalton to serve for 7. yeares for fifty pound a yeare and that hee hath lost by the said Farme in the said time a 100. marks and further saith that the said Mannor with the ten markes of rent in Dalton altogether are extended as appeares in the Chancery but at 41. l. 9. s. 3. d ob And for that that the said Earle understands by the Earle of Kent who hath had the said two parts of the said Mannor together with the said ten marks at the value of 50. marks that the intire Mannor could not bee above the value of 50. pounds And further saith that the said Mannor with the ten markes are not worth more And that under a certainâ— paine saith that whatsoever person will sustaine the charges of the said Mannor sufficiently and pay him for the two parts 50. markes for aid and as to the third part bee it what it will let him give security to pay for the said Mannor with the ten markes of rent 50. l. per annum that hee will so lease it with all his heart ITem as to that impeachment of the Commons of a 100. pound pension out of the provision of Saint Antâ—oâ—y and that the said Earle should sell the Lawes and put in an Example of Master William Thorpe c the said Earle answereth That the cases are nothing alike which the parties pleaded before the said Master William Thorpe as before their Iudge for the Lawes of England In which case no Iudges ought to take reward of any parties pleading before them But the sâ—id provision came to him with the help of Saint Pierce the Pope and not as a Chancellor or Iudge in this case but as Father and friend to John his son At which time a man knew not if the said Iohn had obtained it of the Popes favour or no Also faults were found by the Counsell of the said Earle in the Bulls of the said provision And from the same causâ— the said Provisour by his friends of his owne accord profered an annuall Pension of a 100. and 60. pound for to leave suit in the Court of Rome by his said Sonne and for that hee should not impeach the Bulls that the matters before said were not done as before a Iudge but by way of composition as may bee prooved by instrument and by witnesses in this Towne and so this matter touched not the Lawes of England and alwayes the said Earle intended not but that hee should bee holden to answer to the party in this case And thereupon after the answers of the said Earle given to the Accusations of the said Commons and the replications to them made of one part and of another the said Earle at the request of the said Commons for the greatnesses of the defaults so of him surmised was arrested by Commandement of the KING and Commons in ward of the Constable of England and afterwards let at Liberty upon bayle And for that the said Earle alleadged not in his answer that hee observed the effect of his Oath in that hee swore that hee would not know nor suffer dammage nor disherison cleerely and expressely to the KING together with his owne lawfull advice and Councell and that hee should cause and purchase the profit of the KING by all that he could reasonably doe and hee held the premisses although hee were principall Officer of the KING knowing the Estate and necessity of the KING and of the Realme and did take of the KING such Lands and Tenements as is supposed in the Impeachment to him in the said first article surmised although he alleadged in his answer that the deeds to him so made were confirmed by full Parliament there is no such accord in the rolls of Parliament wherefore it is awarded that all the mannors Lands Tenements rents services fees advonsons reversions profits with their appurtenances by him so received of the K. â—e reseised reprised into the K. hand to have to hold to our L. the K. the lands chattells of the said E. from thenceforth is not the Intention of the K. nor of the Lords nor that this Iudgement extend in the Law to cause the said E. to lose his name and title of Earle nor of the 20. pounds a yeare which the King granted him to take of the Issues of the County of Suffolk by the name and Title aforesaid And moreover for that the said E. lately denyed that he was of the K. privy counsel when he demaÌ„ded of the K. the said exchaÌ„ge had acknowledg'd that before the exchaÌ„ges performed hee was made Chancellor in which Office hee was bound by his Oath made in the forme aforesaid and hee so being sworne to the said Office tooke of the King the said 400. markes of Land by reason of the said Exchange agreeing to the said covenant of Exchange which hee also made before that hee was Chancellor in which Office hee was bound by his Oath And alleadged not in his said answer that the King gave him Mannors Lands and Tenements which are certaine and cannot very easily bee destroyed nor bee countervailed by the aforesaid 400. marks annuity which are leviable and demandable of the Customes and also as casuall and in divers cases there may losse insue It is awarded that all the Lands and Tenements so taken by the said Earle by the exchanges aforesaid bee resumed into the hands of our Lord the King to hold to him and his Heires in manner as hee held the same before the gift or deed in the said Exchange in which the Issues and profits aforesaid after the said exchange deducted if the said Issues and profits so taken after the Exchanges extend to a grâ—ater value then 400. markes a yeare that then the King shall have the overplus of the Lands and chattells of the said Earle from thenceforth hereafter And it is therefore awarded that as well the said Mannor of Flaxflreet and the ten marks of rents aforesaid with the appurtenances bee reprised in the Kings hand to hold to him and his Heires as hee held the same before the gift to the said Earle so as the Charter the pardon and Confirmation of the purchase of the said fifty pounds of rent bee certaine in the hands of the King and his heires in firme as it was before the purchase and it was since to the said Earle and that the issues profits received or owing to the use of the said Earle as well of the said Mannor oâ—Faxfleet and the ten markes of rent as the Issues and profits of the said fifty pound of rent which he thereof had taken by reason of the purchase aforesaid bee levied to the use of our Lord the King of the Lands and Chattells of the said Earle from henceforth And as to the Article containing the Provisions of Saint ANTHONY for that the Master of the House of Saint Anthony in which the profits were taken as proved in England was a Schismaticke and taxed
The Priviledges OF THE BARONAGE OF ENGLAND When they sit in Parliament Collected and of late revised by John Selden of the Inner Temple Esquire out of the Parliament Rolles and Journalls Patent and close Rolls the Crowne Rolls the proceedings of the English Courts at Westminster the Register of the Arch-bishop of Canterbury and the Delegates yeare-Bookes of the Common Law Statutes other good Authorities and in such sort that frequently the words of the chiefest Testimonies are transcribed least the freedome of the Readers Iudgement might be other wayes prevented by short Collections The recitalls of the French Records in the 4th Chap. also newly translated into English for the benefit of others as well as the Students of the Lawes of England Quo communius eo magis bonum quod est justum LONDON Printed by T. Badger for Matthew Wallbanck and are to be sold at his shop at Grase-Inne Gate 1642. The Introduction by way of Table or Index to the Chapters following contained in this Treatise PRiviledges are speciall Rights belonging to the Baronage of England In which name are comâ—rehended all those who as Magnati proceres regni by common right are summoned to every Parliament wherein also they have place and voyce as incident to their Dignities and what things doe concerne them eâ—ther as they are one Estate together in the upper House or as every one of them is privately a single Baron As for the prelacy who had heretofore the first place in the summons viz. Praelati magnates c. they have now lost all their Priviledges oâ— sitting in Parliament and of bearing of any secular Offices in the Kingdome they are disabled by act of this present Parliament 17. Car. 1641. For Priviledges of the first kinde CHAP. TEstimonies are hereby collected touching CHAP. 1. Their proxies and making of proxies 1 CHAP. 2. Their proceedings in Suits as well for followers as for themselves during the Parliament 7. CHAP. 3. That none of them bee subject to bee questioned before the lower House onely 9. CHAP. 4. Their Jurisdiâ—â—ion in matters of offences as well capital as not capitall Errors out of the Kings Bench 10 CHAP. 5. Their passing of Bills and giving of Iudgements heretofore without any assent of spirituall Lords 120 CHAP. 6. Their appointing of Iudges out of themselves for examination of delaies of Iudgements in other Courts 127 CHAP. 7. Their Tennants of ancient Tennancies bring discharged of paying the charges of Knights of the shiere 129 For Priviledges of the second kinde of which also some are communicated to Baronesses The heads of the Collections are CHAP. 1. FIrst touching Oathes and Protestationt upon Honour 131 CHAP. 2 Tryall by Peeres 142 CHAP. 3 Scandala magnatum 155 CHAP. 4. Processe against them in English Courts Proceedings by Bill and Answere id CHAP. 5. Their number of Chaplaines is qualified 158 CHAP. 6. Their retayning of strangers 159 CHAP. 7. Clergy without reading id CHAP. 8. Their libertie of hunting in the Kings Forrests 161 CHAP. 9. Amerciaments of them id CHAP. 10. No Processe in a civill account to bee awarded against the body of a Baron 163 CHAP. 11. A Knight to bee returned upon every pannell where a Baron is party 16 CHAP. 12. No day of grace against a Baroâ— of Parliament ib. CHAP. 13. Making Deputies of places of Trust committed to them without words of the special power 167 BEsides these they have some Rights which are so commonly knowne that there needs no particular mention of them as their interest in making or repealing of Lawes or the like and divers others may perhaps be found which have not been oblivious in the late search made for them but of these particulars before mentioned according to the order in which they are described such store as are here collected doe follow First of the speciall RIGHTS WHICH Concerne them as they are one estate in the upper House of Parliament CHAP. I. Of Proxies of the Lords of Parliament VPON the summons of the Parliament licence of absence being obtained and the same licence as usually it being provided that a proxie bee made the Baron so licensed may appeare onely by that proxie to whom his voyce is so committed although his Writ bee Quod personaliter interâ—it and so also without licence upon sicknesse or such inevitable cause of absence The first mention of Proxies that occurres in the memories of our Parliaments is of Carlile under Edward the first where the words are Quia omnes Praelati Milites alij de communitate Regni tunc plenariè non venerunt receptis quibusdam procurationibus Praelatorum qui venire non poterant adjornantur omnâ—s qui summoniti sunt ad Parliamentum usqué ad diem Mercurij proximum sequentem ad horam primam And in a Parliament held at Westminster under Edwaâ—d the second the Biâ—hops of of Durham and Carlile remaining upon the defence of the marches of Scotland were severally commanded to stay there And in the Writ this clause was ordered to both of them Sed procuratorem vestrum sufficientèr instructum ad dictos diem locum mittatis ad consentiendum quod tunc ibidem per dictos praelatos proceres contigerit ordinari And the like Testimonies are afterwards under the same King for allowance and making of proxies by the name of procuratores sufficientes And in succeeding times the Testimonies of them downe to this day are most frequent But two things are most especially observable touching them 1. THat although the generall proxies were admitted yet when the nature of the Parliamentory businesse required more speedie and full advice a clause was inserted into the summons to premonish the Baron summoned that his proxie should not bee admitted unlesse he were compelled to absent himselfe by most inevitable necessity So was it in the Writs of summons under Edward the third to the Parliament held for advice touching the voyage of the King of France into the holy Land every Baron having these words in his Writ Scientes pro certo quod nisi evidens manifestus id exposcat non intendimus procuratores seu excusatores pro vobis admittere ea vice propter arduitatem negotiorum praedictorum And likewise under Richard the second the summons to the Arch-Bishop of Canterbury and the rest had these words Et 〈◊〉 nullatonus amittatis â—ne quid absit per vestram absentiam quà m necessitate infirmitate tunc â—etenti fueritis quòd aliqualiter illuc laborare non poteritis nullo modo excusatum habere volumus ista vice expeditio ne potior nostrâ—rum praedictorum retardetur seu aliqualâ—ter deferatur And divers other Examâ—lâ—s are for personall appearance and excâ—uding Proxies 2. That the course of the elder time was not that Barons onely were made Proxies in the upper House as at this day but other men also of low condition and this hath beene very frequently in the case of Bishops and Parliamentory Abbots
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
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
expeditionem negotiorum Parliamenti praedicti cum omni diligentia procedâ—rent Iudgements upon Writs of error in PARLIAMENT IF erroneous Iudgements bee given in the Kings Bench or in the Exchequer Chamber upon the Statute of 27. Eliz. cap. 18. the party may have his Writ of â—râ—oâ— retureable in Parliament but not upon judgement given in the Common Pleas untill the same bee â—everâ—ed or affirmed in the Kings Bench as it was answered in Parliament under â—dward the third in the case of the Bishop of Norwich Vpon the Writ of Erâ—or the Lord chiefe Iustice of the Kings Bench is to bring in the Record and a â—raâ—script of it into the Parliament and theâ—e leaveth the Transcript â—ut carâ—â—eâ—h the Record bâ—ck and thereâ—pâ—n the Erâ—ouâ—s beiâ—g assigned or as some Examples are befoâ—e the Assignamus of the Errors order is to bee given that a Scire facias be awarded against the Defendant upon whose appeaâ—anc examination of the Errors by the Lords the Iudgement is either affirmed or reversed AFter the Record thus brought in Clericus Parlïamenti habet inde Custoaiam per duos tantum non per Communitatem assignabitur Senescallus qui cum Dominis spiritualibus ac temporalibus per conâ—ilium Justiciariorum procedat ad errâ—rem corrigendum In which words it is observed that the Lords have power to make a Delegation of their Iurisdiction to a person chosen out of themselves as a Steward to judge for them as also they did in their proceedings against Gomemz and Weston under Richard the second when they apâ—ointed the Lord Scroope for Steward of the Parliament to arraigâ—e the Offenders but this rests at their pleasâ—re whether they will judge themselves together or so appoint a Steward MEmorandum quod Christopherus Wray miles capital Iusticiarius de Banco Regis seâ—u adduxiâ— in â—ar in camera parl inter duos bre de errore billa de regina indors ac rotulat In quibus continebantur placita processus in quibus supponâ—batureâ—ror ib. reliquit transcript totius recordi ciâ— Cler. Parl. super hoc venit Richardus Herbert Ioh. Awbrâ—y Willielmus filiam â—imon Browâ—e in propriis personis suis in Parliamento statim dixerunt quod in recordo processu praedict. in redditione Iudicâ—i praedict. manifestè est erratum in hoc quoâ— postquam Iudicium praedict. in loquela praedict versus praefat. Thom. Gomiel redit fuit antequam praedict. Iohannes Hunt prosecutus fuit impetravit praedict. primum breve descire facias versus praefat. Thom. Ric. Herbert caeteros praedicto manucaptores praedict. Thom. Gomiel nullum breve de capias ad satisfaciendum pro debito damnis praedict. per praefat. Iohannem Hunt in Parliamento praedict. prosequendo Et reternat fuit versus praefat. Thom Gomiel ubi per consuetudinem Curiae dictae Dominae Reginae coram ipsa Regina à tempore contrarii memoria hominum non existit in eadem usitat approbat brev. de Cap. ad satisfaciendum versus eundem Thom. Gomiel pro debito damnis praedict. Parl. praedict. prosequi retornari debet antequam aliquid brev. de sci fac versus manucaptores prâ—dâ—ct in loquela illa impetrâ—nt seu prosequi debe et licet consueâ—udo forum captionum râ—cognitionum in curia praedict. usi fuerunt in forma praedict. viz. si contigerit eundem Thomam Gomiel in Parliamento praedict. convinci tunc iisdem manucaptores concesserunt quilibet eorum per se concessit tam praedict debitum quam omnia damna castag c. praefat. Ioh. Hunt in ea parte adjudicentur de Terris catallis eorum cuislibet fieri ad opus praedict. Iohannis Hunt levari si contigerit praedict. Thom. Gomiel debitum damnae illa praefat. Iohannis Hunt minime solvere aut se prisonae Marescall Dominae Reginae coram ipsa Regina ea occasione non reddere c. Et petiere iidem Rich. Herbert alii praedict. quod Iudicium praedict. processus super bre de scire fac prosecut in curia Dominae Reginae coram ipsa Regina revocetur adnulletur peniâ—us pro nullo habeatur Et super hoc Domini per consensum Iustitiariorum post longam maturam deliberationem cum consensu adjudicaverunt quod judicium praedict. processus super bre de scire fac prosecut in Curia dict. domin Reginae coram ipsa Domina Regina revocetur adnulletur penitus pro nullo habeatur CHAP. V. Bills passed and Judgements given without assent of the Lords Spirituall VNder Edward the third a Petition of the Commons was thus ITem wee are not willing to suffer that payment be made to Cardinalls for their juornying into France for to treat out of the Realme of England THe answer is as to the dispences of Cardinalls it seemeth â—o all the Baronage and other sages of the Kings Councell that the Commons demanded reason and for that they are agreed that it shall be so The like is there in the two Petitions of the Commons against the Clergy carrying money to Rome and Cardinall having benifices here divers Ordinances against the Church of Rome are agreed by the K. the Lay Peers Commons but all the Prelates made Protestation of not assenting or doing what may be or turne in prejudice of their Estate or Dignity The power and direction for Iustices of the peace is ordained at the complaint of the Commons by the King by the assent of the Lords Temporall And so also divers times without mention of the Lords Spirituall who indeed under Edward the 3 protested that they had not to do with matters of keeping the peace THe Commons exhibite a Petition against Procurations from Rome benefices obtained by Letters thence c. It is ordained established by the K. by the advise and assâ—nt of the Lords Temporall that no Benefice is to be had here but by guilt from the Kings Subjects c. and if that any do contrary to this Act he should incurre the danger of a praemunire given by the Statute of 27 E. 3. A Petition in these words Item that the Appeales persâ—ites accusations Iudgements had and rendered c. should be good notwithstanding the Lords Spirituall and the procuratoâ—s of the Lords Spirituall absenteâ— themselvs out of Parliament in time of the said Iudgements rendered for salvation of their eâ—tate As it is contained in a Protestation by which the Lorâ—s Spirituall and Procurators were in this present Parliament c. The King granteth it And the Protestation of the Clergy is entered as followeth For as much as certaine matters were moved in this present Parliament touching openly the crime of the Arch-Bishop of Canterbury and the other Prelates of his Province who made Protestation in the forme and words which followes IN
Dei Nomine Amen Cum de Jure consuetudine regni Angl. ad Archiep. Canterbur qui pro tempore fuerit nec non caeteros suos suffragandes Confratres Coeptis Abbates Priores aliosque Prelatos quoscunque per Baroniam de domino Rege tenentes pertinet in Parlimentum Regis quibuscunque ut pares regni praedicti personaliter interesse ibidemque de regni negotiis aliis ibi tractare consuetis cum caeteris dicti regni paribus aliis consulere ordinare statuere definire ac caetera facere quae Parliamenti Tempore ibid. incendet faciend in quibus omnibus singulis nos Willielmus Cant. Archiepiscopus totius Angl. Primas Angl. Sedis Legatus pro nobis nostrisque Suffraganeis Coep confratribus nec non Abbatibus Prioribus Prelatis omnibus supradictis potestat eorum quilibet potestatur qui per se vel procuratorem si fuerit modo presens publicè expresse quod intendimus intendi volumus ac vult eorum quilibet in hoc presenti Parliamento aliis ut pares regni praedicti more solito interesse considerare tractare ordinare statuere definire ac caetera exercere cum caeteris jus interessendi habentibus eisdem statu ordine Juris eorum cuilibet in omnibus semper salvum verum quia in praesenti Parliamento agitur de nonnullis materiis in quibus non licet nobis alicui eorum juxta sacrorum Canonum instituta quomodo libet personaliter interesse eo propter pro nobis eorum quolibet protestamus eorum quilibet hic presens etiam protestatur quod non intendimus nec volumus sicuti de Jure non possumus nec debemus intendi nec vult aliquis eorundem in praesenti Parliamento dum de hujusmodi materiis agitur vel agetur quomodo libet interesse sed nos eorum quemlibet in ea parte penitus absentare in re paritatis nostrae cujuslibet eorum interessend in dicto Parliamento quoad omnia singula ibidem exercenda juris eorum quilibet Statu ordine in omnibus semper salvo Ad hoc insuper protestamur eorum quilibet protestatur quod propter hujusmodi absentiam non intendimus nec volumus nec eorum aliquis intendit nec vult quod habet processus habend in praesenti Parliamento super materiis antedictis In quibus nec possumus nec debemus permittitur interesse quantum ad nos quemlâ—bet eorum attinet futuris temporibus quomodo libet impugnentur infirmentur seu etiam revocentur Which Protestation read in full Parliament by the commandement of the King and Assent of the Lords Temporall and Commons In like manner make Protestation the Bishop of Duresme and Carlisle mutatis mutandis This was upon the occâ—sion of the appeale of Treason in the same Parliament commenced by Thomas Duke of Glâ—ucester and others against Alexander Arch-Bishop of Yorke Robert de Vere Duke of Ireland and others But although they thus absented themselves they made no proxy at this time to assent in their room as afterwards they agreed to do in cases of Iudgement of death But the first use of such proxies is in the 21 oâ—Rich the 2. neither at all are such proxies or assent of the Bishops For under H. 5. the Earle of Salisbury by Petition in the nature of a Writ of Error shewed that the Attaiâ—der of John the late Earle father to the Pâ—titioner in the second of H. the 4 might now be reversed and amongst the errors assigned one was that he had been adjudged sans assent in Parliament but it was in Parliament now adjudged that it was no error The Arch-bishops of Cant. and Yorke for themselvs their Clergy make Protestation not to consent to any Statute made in this Parliament Quatenus ea in restrictione potestatis Apostolicae aut in eversione Ecclesiae dignitatis tendere dignoscuntur which at their request was inrolled in Parliament yet an Act passed at that Time and is publique against the Popes giving of Benefices by way of provision in England In the beginning of Queene Elizabeths raigne when divers Acts passed touching matters of the Church as Service and Sacraments and Church-possessions c. the Bils passed Dissentientibus All the Bishops as it is especially entered in the Iournals with particular enumeration of all their names Whereunto may be added that assertion of the Iudges in that deliberation had under Henry the eight touching the power Royall in the Church as the words were reported That our Lord the King may well enough hold the Parliament by himselfe and all his temporall Lords without the spirituall Lords c CHAP. VI Their appointing Judges out of themselves for examination of Judgements and delayes of other Courts THis is given them by a Statute of Edward the third in these words Likewise for that many mischiefes are come c. That divers places as well in the Chancery as the Kings Bench Common pleas the Exchequer the Iustices assigned and other Iustices to heare and determine the Iudgements wherein have been delayes sometimes by difficulty somtimes by divers opinions of the Iudges and sometimes by other occasions it is assented established and agreed that of the Commons before said in every Parliament there be one Prelate two Earles and two Barons that shall have Commission and power of the King Which priviledge is now taken away from the Prelacy by Act of Parliament Anno 17. Car. to heare by Petition to them delivered the plaints of all those which complaine of such delayes or grievances done to them and that they have power to cause to come before them at Westminster or in any other places where the parliament shall be holden and the Courts of records and processes of such Iudgements as are delayed and shall cause to come before them the same Iustices who shall be there present to heare the cause and their reason also heard by good advice of them the Chancellor three Iustices of one Bench and of the other and others of the Kings Councell And in the same Parliament accordingly the Arch-Bishop of Canterbury the Earles of Arundell and Huntington and the Lord Woake and the Lord Basset were assigned to the same purpose and although the Iustices Chancellor Treasurer Privy Seale and others had before taken Oath c. Yet it was ordained that those of the Baronage assigned shall give them a new Oath and increase and diminish the Ministers of Iustice as they shall see Cause CHAP. VII Their Tenants of ancient tenancies being discharged of paying the charges of Knights of the shire THe Commons exhibite a Petition that whereas the Tennants of the Lords that did hold by Barony and summons to the Parliament might not be discharged of paying towards the expences of Knights c.
That the King would declare the certainty of it But the answer of it is onâ—y As at other times c. A like petition and answer is afterwards under the same King in a petition touching the same thing under Richard the 2 it is supposed that all ought to pay but those which come in Parliament by summons by writ and do stay there at their own charges c. In a Petition afterwards it is supposed that the Tennants of such lands as were immediatly held of the Lords of the Parliament contributed not to those expences but it is complained against and the answer is only Let it be as at other times and if that any found himself agrieved he should have remedy in the Chancery yet by a Statute which is not in the Rols of three yeares before the Tenants of the Lords themselves shall pay for such lands as of late times they have purchased before being contributary To this belongs that in Fitzherbert The villaines of Lords which come to Parliament shall not be therefore contributary to the expences of the Earles which come to Parliament And to this purpose the Lords may by Letters in their own names command the Sheriffe that he distraine not their villaines THE SECOND kind of their Priviledges Priuiledges or speciall Rights that concerne the Barons that have place in Parliament as they are every one single in their private estates CHAP. I. Touching the Oath and Protestation upon Honour ALL Oaths being either promissory or assentatory and the first being that which binds to a future performance of Trust The second that which is taken for discovery of a past or present truth The first kind they as occasion requir'd used in taking the oath of all the Barons for the maintenance of the great Charter and the like was under King John and H. 3 as also swearing of the Lords in ParliameÌ„t in the time of H. the 6. that they should not take parts in the great Controversie between the Earle Marshall and the Earle of Warwick and the oaths of divers Lords appointed for the keeping of the Parliament in 8 11 H. 4 where yet the Prince was not sworn being one of those appointed for the keeping of the ordinances Because of the highnesse and excellency of his honorable person As the words are in the Roll so under H. the 7. the Lords Spirituall and Temporal swoare in the Parliament to the Article of taking care for the preserving of the peace and under H the 8. to the Bill of Succession but under Richard the second the Arch-bishop of Canterbury challenged that neither he nor his predecessors were compellable to any oath but to the K. and this kind of Oath is frequently taken by such Barons as undertake the great Offices of the Kingdome and they are all liable to the like by their tenures by fealty and by Statutes of the Oath of Allegeance but of these kinds of Oaths for the Supremacy they are discharged by the first Statute that gives it and in the case of Essoynes wherein by the ancient Law the Essoiner was to sweare that the party Essoined should appeare at a certain day all Barons and Bâ—ronesses were excepted from the Oath and instead of the Oath they put in surety Ratio vero diversitatis saith Bracton talis esse poterit ut videtur quod ita nobiles dignae personae in warrantizatione Essonii non per se jurabant sed per procuratores scilicet plegios suos Assentary Oaths are in Cases of tryall by 12 or 24 witnesses defendants which proceed by Bill and Answer Plaintiffâ—s examined in actions of debt brought upon arrerages of accompt in cases of tryall by 12 they are discharged of the Oath that is in cases of tryall of their Peeres in which they answer guilty or not guilty only upon honour for in other tryals they have no part but are exempted from being impanelled in Juries Nisi eorum Sacramentum adeo sit necessarium quod sine illis veritas inquiri non possit and thence was it that some Barons under Edward the first of the Marches of Wales refused to swearâ— before the Iustices of Oyer and Terminer upon an Enquiry to be made by them and others of certaine outrages committed by Cilbert of Clare Earle of Gloucester against Humphrey of Bohun Earle of Hereford and Sussex those Barons were Joâ—n de Hastings John Fitz Raynold Roger de Mortimer Theobald of Weldon John Troger and â—efferey of Camvill to whom dictum est as the Roâ— saith ex parte Regis quod pro statu â—ure Regis pro conservatione dignitatis Coronâ— pacis sua apponit manum ad librum ad faciendum id quod eis ex parte injungetur qui omnes unanimiter responderent quod ipsi vel eorum antecessores hactenus in hujusmodi casu ad praestandum Sacramentum aliquid coacti fuerunt And afterwards the Oath being offered them they answered every one by themselves quod nihil inde facerent sine consideratione parium suorum Barons being witnesses in Cases of witnesses Examples are that they give in their Testimonies only upon Honour IN the Courts of the Delegates in the 3 of E. 6 in the proceedings against Gardiner Bishop of Winchester upon a speciall Commission from the King the then L. Chancellor and Marquesse of Northum and the Earle of Wiltsh and Bedfora are examined only upon their honor or somtime upon alleageance or fidelity to God the K. and this was upon the speciall priviledg of such persons for both by the Civill Laws and Common no testimony is taken regularly but upon Oath In Chancery in a Case between Jeffery and Jeffery and in another between Blighton and Dantrey Thomas Lord Buckehurst under Queen Elizabeth delivers his testimony only upon honour In the Court of Chivalery under Rich. the 2 in the great Case between Sir Rich. Scroope appellant and Sir Robert Gravenor defendant touching matter of Armes the Attestations taken by Commission from John of Gaunt the Earle of Darby the E. of Northumberland the Duke of Yorke and the Earle of Arundell are for ought appeares without oath for whereas others are sworne the Entry of their deposition is Pray and requests according to the right of Armes by the procurator of Master Rich. Scroope to testifie and say c. And amongst others the Earle of Devonshire was examined by Commission by Iohn Kentwood who in the returne of his Commission and the depositions certifies the Court that hee had swore all the witnesses there being none of the Nobility but only the Earle in his returne who was not sworne but spake in the loyalty of his Chivalery But in the multitude of witnesses of this cause divers Barons are sworn as the Lord Poynings the Lord Scales the Lord Gray the Lord Ruthen the Lord Basset To every of which names in the attestations is