Vice-Chamberlain before the King and Lords of divers offences against the King who taking the accusation to be good because of the Bishops order and that he was of the kingâ— linage pardoned the said Bishop all his misprisions done against his person and reconciled the Bishop and Sir Thomas one to another And n. 30 31. all the Lords Temporal whose names are there recorded being 25. in number by assent of the King declared and ADJUDGED Thomas Holland late Earl of Kent John Holland late Earl of Huntingdon John Mountague late Earl of Salisbury Thomas le Despencer Sir Ralph Lumley Knight and divers others who were for their Rebellions and Treasons in levying war against the King taken slain or beheaded by certain of the Kings Subjects to be Traytors and that they should forfeit all such Lands as they had in fee the 5. of January the first year of the King or at any time after with all their goods and chattels The Record is Toutz les Seigneurs temporelz esteantz en Parlement per ussent du Roy declarerent et adjuggerent les ditz Thomas c. pur Trayteurs pur la leve de Guerre encountre lour Seignior le Roy nient obstant qils furent mortz sur le dâ—t leve de guerre sanz process de ley Lo here the Lords alone by the Kings assent declare and adjudge what is Treason both in the case of Lords and Commoners too and â—taint and give Judgement against them both without the Commons after their deaths without legal trial In the Parliament of 5 H. 4. rot Parl. n. 11 12 13 14. On Friday the 18 of February the Earl of Northumberland came before the King Lords and Commons in Parliament and by his Petition to the King acknowledged that he had done against his Lawes and allegeance and especially for gathering power giving of Liveries for which he put himself upon the Kings grace and prayed pardon the rather for that upon the Kings Letters he yielded himself and came to the King at York whereas he might have kept himself away Which Petition by the Kings command was delivered to the Justices to be examined and to have their counsel and advice therein Whereupon the LORDS made a Protestation que le Juggement appentient a â—ux tout soulement THAT THE JUDGEMENT APPERTAINED ONLY TO THEM And after the said Petition being read and considered before the King and the said Lords as Peers of Parliament aus queux teils juggemeâ—t apperteignent de deoit to whom such Iudgements appertained of right having had by the Kings command competent deliberation thereupon and having also heard and considered as well the Statute made in the 25. year of King Edward the Kings Grand father that now is concerning the Declaration of Treason as the Statutes of Liveries made in this Kings reign ADJUDGED That that which was done by the said Earl contained within his Petition was neither Treason nor Felony but Trespas for which the said Earl ought to make fine and ransom at the will of the King Whereupon the said Earl most humbly thanked our Lord the King and the said Lords his Peers of Parliament for their rightfull judgement and the Commoners for their good affections and dâ—ligence used and shewen in this behalf And the said Earl further prayed the King that in assurance of these matters to remove all jealousies and evil suspitions that he might be sworn a new in the presence of the King and of the Lords and Commons in Parliament and the said Earl took an Oath upon the Crosier of the Archbishop of Canterbury to be a faithfull and loyal liege to our Lord the King the Prince his Son and to the heirs of his body inheritable to the Crown according to the Laws of England Whereupon the king out of his grace pardoned him his fine and ransom for the trespass aforesaid After which num 17. the Lords Spiritual and Temporal humbly thanked the King sitting in his royal Throne in the white Chamber for his grace and pardon to the said Earl of his fine and ransom and likewise the Commons thankâ— the Lords Spiritual and Temporal for the good and just Iudgement they had given as Peers of Parliament to the said Earl From this memorable Record I shall observe First that though this Declaration of this Earls case was made by his Petition in the presence of the King Lords and Commons in Parliament according to the Statute of 25 E. 3. yet the Lords only by Protestation in presence of the King and Commons claimed to be the sole Iudges of it as Peers of Parliament and belonging to them OF RIGHT Secondly That this claim of theirs in this case was acknowledged and submitted to both by the King and Commons and thereupon the Lords only after serious consideration of the case and Statutes whereon it depended gave the definitive sentence and judgement in this case that it was neither Treason nor Felony but Trespass only c. Thirdly That the Earl thanked the King only for his grace the Lords for their just Iudgement and the Commons only for their good hearts and diligence having no share in the judgement though given by the Lords both in the Kings and their presence and that the Commons themselves returned special thanks to the Lords Spiritual and Temporal in Parliament for their good and just judgement Fourthly That this judgement of the Lordr only was final and conclusive both to the King and Commons who acquiesced in it In the Parliament of 2 H. 5. rot Parl. num 13 14. Thomas Mountague Earl of Salisbury son and heir of John Mountague Earl of Salisbury exhibited his petition in Parliament to reverse a judgement given against his said father in the Parliament at Westminster in the second year of King Henry the fourth rot Parl. n. 30 31. forecited wherein amongst others he was attainted of Treason by judgement of all the Temporal Lords in Parliament and thereupon he exhibited certain reversals of Judgements given in Parliament as making on his behalf to the Lords consideration reversed for some errors assigned in those judgements to wit one judgement given against Thomas heretofore Earl of Lancaster before King Edward the second at Pomfract the Monday before the feast of the Annunciation in the fifteenth year of his reign and another Judgement against Roger de Mortymer late Earl of March in the Parliament of King Edward the third the Monday after the feast of St. Katherine in the fourth year of his reign at Westminster Which Judgements being distinctly and openly readâ— and fully understood It seemed to the King and Lords that the case of the death and execution of the said John late Earl of Sarum and of the judgement aforesaid against him given is not nor was like to the case of the executing of the said Th. heretofore Earl of Lancaster nor to the case of the putting to death of Roger Earl of March nor to any judgement given against
Peers by Roger Moâ—timers power and procurement Anno 18 E. 2. petitioned that he might be restored to his Fathers blood lands and goods considering the said Earl was unduly put to death being not tried by his Peers according to the Law the grand Charter But for that the said Attainder was afterwards confirmed by Parliament he amended his Petition and prayed in such wise to be restored of the Kings meer grace Whereupon he was restored to all his Fathers lands and to Arundel Castle saving to the King all such lands as were given to this Earl by King Ed. 1. whereupon he did homage to the King in Parliament and had livery of the king of all his lands per assensum of the Lords as iâ— recorded in rot Fin. An. 3 E. 3. m. 14. Claus 4 E. 3. in dorso and Claus 5 E. 3. part 1. m. 2 3. In this Parliament of 4 E. 3. n. 6. The Lords claim to be JUDGES OF THEIR PEERS IN THAT FUTURE PARLIAMENTS in cases of Treason c. And n. 1. Roger Mortimer Ear of March who had formerly condemned and beheaded other Peers without any legal trial by their Peers and deposed murdered King Edward the 2. was by divine retaliation arrested at the Parliament held at Nottingham by the Kings command then sent Prisoner to the Tower impeached attainted condemned and executed himself as a Traytor without any hearing or personal defence BY THE LORDS AND PEERS AS JUDGES OF PARLIAMENT by the Kings assent The Articles of his Treasons Felonies and other misdemeanors entre in that Parliament Roll scarce legible now were read before the Lords against him and other of his companions The Articles against him are thus related by Walsingham Causae quae imponebantur eidem proue accepimus istae fuere writes Walsingham Prima causa quod fuit consentiers morâ— Regis Edwardi in castro de Berkley Secundo impositum ei fuit quod ipse impedivit honorem Regis et regni apud Stannyparke ubi Scoti fugerunt qui capi intersici potuerunt Tertio quod ipse accepit 20 millia mercarum a Scotis illas tunc permisit evadere turpem pacem postmodum inter Scotos et Regem ju venem sieri procuravit et super hoc Chartam Regis sieri fecit eisdem Et etiam illud vile matrimonium contractum inter sororem Regis et David filium Roberti de Brus consummari consuluit procuravit Quarto quod male consumpsit totam pecuniam in the sarris patris hujus Regis et Domini Hugonis de Spencer inventum et omnia bona regni postquam Angliam regina intravit suae dispositioni subjecit ita quod ipse Regina abundabant Dominus Rex egebat Quinto quod appropriavit sibi custodias et maritagia nobiliora per totam Angliam Et quod fuit malus Consiliarius Regis Reginae matris et nimis secretus cum ea ut dâ— aliis taceamus These with other Articles mentioned in the Parliament Roll being read thereupon Les ditz COUNTZ BARONS ET PIERS COME JUGGES DU PARLIAMENT as the Parliament Roll it self recites per assent du Roy in mesme le Parliament agarderent et ajugerent que le dit Roger COME TRAYTOUR ET ENEMY du ROY et du ROYALME fuist trâ—yne et pendis Upon which sentence without being called to answer the Earl Marshal by the Kings and Lords command assisted with the Mayor and Sherifs of London and the Constable of the Tower executed him the Thursday next after the first day of the Parliament Ubi mortis excepit sententiam trastus suspensus apud Elmes super communi furca latronum as Walsingham relates The Articles of this Regicides impeachment being very memorable and somewhat larger than those in Walsingham scarce legible in the Parliament Roll of 4 E. 3. I shall here present you with together with the manner of his apprehension and judgement out of Henry de Knyghton King Edward perceiving the great malice and cruelty of Queen Isabel his Mother and Mortymer that they occasioned many seditions favoured the Scots to the great dishonour of the King and Kingdom destroyed the King her Husband Et quanta mala eorum consilio auxilio exercebantur in regno qu â—ntaque mala opera eorum somento velâ—bantur by the secret advice of his friends resolved to separate them from one another to prevent greater mischiefs Nam in tantum invalescebant in terra quod totum regnum in periclitando labi videbatur Deinde Rex tenuit CONCILILM SUUM apud Notyngham in quindena Michaelis cum pene omnibus Magnatibus regni In quo Rex saniori consilio de eorum fraude et malitia saluâ—râ—us edoctus vidensque periculum tam praeteritum quam in posterum â—am in praesenti per dictos Isabellam et le Mortymer evidenter imminens graviter in corde condolens suscepit sicque die Veneris in crastino sancti Lucae Rex cum electa comitiva in obscuro noctis perrâ—xit per quendam viam subterraneam de villa Notynghamiae usque in castellum et venit ad cameram matris suae Isabelâ—ae et invenit ibi prope eam in alia camera Rogerum de Mortymer et Episcopum Lincolniensem Henricum Et statim Rex jussit Rogerum apprehendi et in securam custodiam usque in crastinum poni In crastino fecit apprehendere omnes suos adhaerentes perâ— tam villam dispersos Et statim misit omnes Londonias videlicet le Mortymer Et duos filios ejus scilicet Galfridum Edmundum milises et Dominum Oliverum de Byngam Dominum Simonem de Berforde Et in captione Rogeri Mortymere occisus est Dominus Hugo de Tryplyngton miles et senescallus familiae regis per dictum Rogerum Mortymer in ingressu regis in camera eorum Isabella mater regis ad udicata est perdere omnes terras suas et cum difficultate evasâ—t dampnationem ad mortem eo quod er at mater regis et ob reverentiam regis dilata est sententia Et ordinatum est singulis annis caperet de cista domini regis ad sustentationem suam tria millia mercarum et maneâ—et in uno certo loco ubi rex pro ea disponere vellet Magnates regui imposuerunt contra Rogerum Mortymer Articulos sequentes Primerment que parla on ordenee fuist al parliment de Londrez proscheyne apres la coronnement nostre seignour le roy que quatres Eveskes quatre Contes et vj. Barones dustent estre pres du roy pour la conseyller issint que tote foitz quatre y fuissent Cest assavoir une Eveske une Conte et dieux Barons a meynez que nule grosse bosoigne soit faite sanz lour assent que chescuâ—e respondist dez ces fetz pur son temps la dit Roger nyent eyant regarde al dit assent accrocha a luy real pouare le governement
Earl of Ireland Mâ—chael de la Poole Earl of Suffolk Robert Tresylam Chief Justice Nicholas Bramber Knight and other of their adherents of High Treason against the King and his Realm The Articles they exhibited against them were 36 in number at large recorded in Henry de Knyghton de Eventibus Angliae l. 5. col 2713. to 2727. with the whole proceedings thereupon for which many were attainted condemned executed BY JUDGEMENT OF THE LORDS notwithstanding the Kings intercession for some of them to the LORDS they are likewise mentioned in the printed Statutes at large of 11 R. 2. c. 1 3 4. in Walsingham Hist Angliae p. 359 to 367. and other vulgar Historians I shall therefore for brevity refer you to them Exactum est juramentum a rege ad standum REGULATIONI PROCERUM et non solum a rege sed a cunctis regni incolis idem juramentum est expetitum In the Parliament of 14 R. 2. n. 14. The King and Lords without the Commons declared That in the 7 year of this King the Earldom of Richmond with the appartenances WERE ADJUDGED BY THE KING AND LORDS to be forfeited to the King by reason of the adherence of John Duke of Britain then Earl of Richmond to the French against his allegiance to the King and his father king Edward the 3. which judgement was not then enrolled in the Rolls of Parliament for certain causes known to the King and LORDS but was now inrolled and the lands granted to the Earl of Westmerland which King Henry the 4th would not revoke upon the Commons Petition to restore them to the Duke 1 H. 4. rot Parl. n. 78. In the Parliament of 17 R. 2. n. 11 Richard Earl of Arundel in the presence of the KING and LORDS accused the Duke of Lancastre of 5 particular misdemeanors In which when the King had justified him it was awarded by the King BY THE ASSENTS OF ALL THE LORDS that the Earl should in full Parliament make a formal submission to the Duke and crave pardon for his false accusation In the Parliament of 21 R. 2. rot Parl. n. 12. to 17. the Commons impeached Thomas Arundel Archbishop of Canterbury of high Treason for procuring the Duke of Glocester and others there named to accroach to themselves regal power and execute the Commission of 10 R. 2. when he was Chancellor praying that he might be kept under safe custody with a protestation of making for her accusations during the Parliament against him and others After which they prayed the King to give judgement against the Archbishop according to his desert who submitted himself to the Kings mercy Whereupon the KING LORDS and Sir Thomas Piercy the general Proctor for the Bishops in this case adjudged the fact of the Archbishop to be Treason and himself a Traytor and that thereupon he should be banished his temporalties seised and all his lands in proper possession or use together with his goods forfeited to the King and presenting the day and place of his departure into exile After this in the same Parliament of 21 R. 2. the Lords Appellant therein named accused the Duke of Glocester the Earls of Arundel and Warwick and others of High Treason for procuring the Commission in 10 R. 2. for raising forces and coming to the Kings person armed For accroching to themselves royal power and adjudging some to death and executing them as Traytors in the Parliament of 11 R. 2. For intending to surrender up their Homage and allegeance to the King and then to depose him and saying they had good cause to depose him c. Hereupon the Earl of Arundel being brought in custody to the Parliament before the Lords by the Kings command and assent of the Lords had his charge read and declared before him by the Duke of Lancaster Steward of England to which he pleaded his pardon which plea being disallowed because his pardon was revoked by this Parliament and he relying on it without any other plea the Lords appellants prayed judgement against him as convict of the Treasons aforesaid Whereupon the Duke of Lancaster by assent of the KING Bishops Earles and LORDS adjudged him convict of the Articles aforesaid and thereby a Traytor to the King and Realm and that he should be therefore hanged drawn and quartered and forfeit all his Lands in fee or fee-tayl which he had in the 10. year of this King with all his goods and chattels But for that he was come of Noble bloud the King pardoned his execution of hanging drawing and quartering and granted that he should be beheaded which was accordingly executed the same day on Tower hill by the Marshal of England The 28. of September the Earl of Warwick was brought ao his Trial in the same manner as the Earl of Arundel who confessed all the Articles submitted to the Kings grace and had the same judgement pronounced against him in the same manner as the Earl of Arundel But the King at the Lords Appellants and others requests pardoned his execution granted him his life and banished him into the Isle of Man The Duke of Norfolk by assent and Act of Parliament was tried in a Court Martial by the King Lords and some Knights for words spoken against the King and judgement was there given that he should be banished into Hungary and his lands forfeited to the King Within one year after such is the vicissitude of all worldly honour and power in the Parliament of 1 H. 4. Plac. Coron n. 1. to 11. at the prayer of the Commons the great Lords Appellants Edward Duke of Albemarl Tho. Duke of Surry John Duke of Exeter John Marquess Dorset John Earl of Salisbury and Thomas Earl of Glocester were all questioned and brought to their several answers before the King and Lords for their Acts and proceedings in the Parliament of 21 R. 2. the records whereof being read before them in Parliament they made their several answers and excuses thereunto whereupon the King and Lords after consultation thereupon ADJUDGED that the said Dukes Marques and Earls should lose their several Titles and Dignities of Dukes Marquess and Earls with all the honor thereunto belonging and that they should forfeit all the Lands and goods which they or any of them had given them at the death of the Duke of Glocester or since and that if they or any of them should adhere to the quarrel or person of King Richard lately deposed that then the same should be Treason The which Judgement was pronounced against them by William Thurning Chief Justice of the Kings Bench in Parliament by the Kings command but in the Parliament of 2 H. 4. rot Parl. n. 33. upon the Petition of the Lords and Commons to the King the Earls of Rutland and Somerset were pardoned and restored by the King in Parliament In the Parliament of 2 H. 4. n. 14. the Bishop of Norwich was accused by Sir Thomas Erpingham the Kings
Communi Iudicio Which he more amply relates in his History of England p. 69. to 77. Here we have judgement of banishment given against Gaverston by the Lords in Parliament 3. several times the 1. whiles a Commoner the two later whiles an Earl as an Enemy to the Realm and publike Traytor and a Sentence of death denounced against him in case he returned which was accordingly executed on him by the common Sentence of the Lords A Convincing proof of their Jurisdiction in criminal Causes both over Commoners and Peers His second banishment by the Lords was ratified by a Bill as the Spencers was to which the Commons gave their Assent as they did to two Acts in the Parliament of 7 Edward the 2. printed in Totles Magna Charta part 2. f. 43 44. Ne quis occasionetur pro reditu as also pro morte Petri de Gaverston made by the Grant and Assent of the King Archbishops Bushops Abbots Priors Earls and Barons ET TOUTE LA COMMVNALTIE de nostre Royalm By which Bill his Lands were all forfeited and giveâ— to the King as appears by Claus 1.2 E. 2. m. 5. where Hugh de Audeley the younger and Margaret his wife petitioned A nostre Seigneur la Roy son Counscil PRELATES COUNTS BARONS de la terre The Petition was for the Earldom of Cornwall after the death of Peter de Gaverston to whom it was given in general tayl Margaret being his daughter and heir because THE GREAT CHARTER wills that after the death of a Baron his heir shall have his heritage and mariage and the Statute of Westminster 2. wills That heirs in tayl shall not be prejudiced by the deed fine or feofment of their Ancestors and the GREAT CHARTER also wills That no man shall be outed of his freehold without the award and judgement of the Law of the Land Afterwards upon debate of this Petition pro eo quod recordatum fuit by the LORDS AND COMMONS that it had been AGREED BY THEM that all things given by the King to Gaverston and Margaret should be revoked per quod in hoc Parliamento modo per praefatos Praelatos Comiteâ— Barones et totain Communitatem Regni cousideratum est that the Earldom and all the rest of his Landâ— should remain in the King that all Charters of it should be repealed all enrolments cancelled quod est adjudicatum intretur ad Scaccarium et ad utrumque Câ—riâ—m there to be inrolled also And there is a writ directd to the Treasurer and Barons and Chief Justices of both Benches to inrol it in this Roll. This judgement being by way of Bill in pursuance of the former Bill for his attainder had the Commons assent thereto as well as the Lords though the Petiâ—ion here was directed only to the King and Lords for restitution not to the Commons who could not be Gaverstons proper Judges in Parliament being a Peer but only by way of Bill of Attainder In the 15 year of King Ed. 2. the two Sir Hugh Spencers Father and Son were articled against impeached and condemned of High Treason by the Lords in Parliament and exiled by their judgement without the Prelates or Commons who only consented to the Act for their banishment after the judgement given of which at large before to which I shall here annexe the Arricles of their impeachment being very memorable Alhonnour de Dieu de sainct esglise et de nostre seignour le roy et au profite de luy et de son royalmâ— a peace de quiete maintenir en son people et pur meinteynment de lestate de la Corone luy monstrent Praelates Counâ—z et Barons et les autres Pieres de la terre common du royalme contresir Hugh le Despenser le fitz et Sir Hugh le Despenser le Pier que come le dit sire Hugh le Despenser le fitz au Parlement Deverwike fuit nosme et assentu destre en lossice du Chamberlain nostre seignor le roy de servir en cel office come afferoit An quel parlement fuit auxi assentu que certeins Prelates et â—u res Grandes du roialme demorerent pres de roy par sâ—isons de lan pur meulx counseiler nostre seignor le roy sans queux nul grosse bosoigne ne se deveroit fair le dit sir Hugh le fitz attreit a luy syr Hugh son pier que ne fuit nient assentu ne accorde en parlement a demourer ensi pres de roy enter eux deux acroachant a eux royal power sur le roy fes ministers le guyment de son royalme a dishor our du roy emblemisement de sa corone et destruction du royalme des grandes et du people et sesoient les maluesiees desâ—us escriptes en compassant deâ—â—oigner le coer nostre seignour le roy des Piers de la terre pur avoir eux soule governance de la terre En primes que sir Hugh le Dispenser le fitz feusi coruce vers le roy et sur ceo coruce fist un bille sur la quel bille il voillet auoir en aliance de sir John Gyffarde de Brymmesfeld sir Richard de Greye et dautre davoir mesne le roy par aspertee de faire sa volunte issent que en luy ne temist mye que il ne â—e euâ—t fair â—a tenure de la bille sensuit sous escript Homage serement de ligeance est pluis par reson de la corone que per reason de person le roy pluis se lie a la corone que a la person ceo piere que avant que â—estate de la corone soit descendu nul ligeance est a la person regardant Dont si le roy par case ne se meisne par reasone en droit de la corone les leiges sont lies per sâ—rement fait a la corone de remeuer le roy et le state de la corone par reason auâ—rement ne serroit le serement tenus Ore fait a demander coment lem doit amesner le roy ou par suite de ley ou par aspertee par suite de ley ne luy poet home pas redresser â—ar il navera pas juge si ceo ne soit depart le roy En quel case si la volunte le roy ne soit accordant a reason si naveroit il forsque errour maintenue confirme Dont il covient pur le serement lauuer et quant le roy ne voet chose redresser oustre que est pur le common people malueis et damageous pur la corone a judger est que la chose soit ousle par aspertee que il est lie par â—on serement de governer son people ses lieges ses liege â—ont lies de govern en eide de luy en defaut de luy Et auxint par lour covin
son serement Auxint pur lour malveis covetise et par poiar roial a eux acroche ne susterent nostre seignor le roy doier ne droit fair ' as grandes de la terre sur la demonstrance que ilz fesoient a luy pur luy et pur eux de la disheritance de la corone et de eux touchant les terres que furent as templers Et issint par yoiar roial a eux accroche ont ils mesne nostre seignour le roy son counseil et ses prelatz que des choses touchant eux ou lour alies ount emprise et embrace par eux que droit ne poet estre fait forsquea lour volunte et a dammage et a dishonour de nostre dit seigneur et peryl de son serement et dishinheritaunce et destruction de plusours autres grandes du people de son royalme Et auxint de eslues as evesque abbes et priours que devoient de droit estre resceux de nostre seignour le roy lou ils sont en due maner estues ne poient approcher a nostre seignour le roy ne one luy parler de querer sa grace tanque ils avoient fait sine et fret Sir Hugh le fitz a sa volunte Ne nul que eust grant aquere de nostre seignour le roy ne poet a nul grant atteinder avantque ilz avoient faitfine a luy Estre ceo lou John de Lacchelegh et autres fuerent agardes a la prisone pur un trespas que ils avoient fait a la dame de Merk a damag ' de la dist dame de M. Centz marcz dont ils furent atteintz devant mon Sir Robert de Middyngle er ses compaignons Justices assignes a oier et terminer cel temps cel trespas et le dit John feust en la prison de Colcestre par la gard suisdit Sir Hugh le fitz accrochantz a luy roial poiar amesna le diâ— Iohn hors de la prison contre leye de la teâ—re eius que il avoir fait gree a la dit dame des damages avantditz et luy fist vender sa terre a luy et â—ever sur ceo un fine Claus 16 E. 2. m. 5. There is this memorable case recorded The King being at Bishops Thorpe near York held a Council with his Lords divers of which are there named concerning the Truce with Scotland inter quâ—s Nobiles Hen. de Bellamont Baro de Magno et secreto Concillo ipsi Domino Regi juratus vocatus fuit ibidem venit Being there preâ—ed by the King to give his advice herein quodam motu excessius animo quasi irreverents dicto Domino Regi saepe respondit quod sibi consulere noluit in hac parte Whereupon the King commanded him thence Upon which he went out of the Council and said He had rather be absent than there Upon which contemptuous carriage and words consideration being had by the Lords and Council by all the Iudges Barons of the Exchequer being there amongst others to wit as assistants in regard he was sworn and had taken the Oath of a privy Counsellor to the King being called in again Committitur Scalae Prisonae pro contemptu inobedientia praedictis After which he was let to mainprise and a truce being there concluded with the Scots thereupon the writs ad arma c. were revoked that were formerly iâ—sued to the Tenants by Escuage and Knights service In the Parliament held at Winchester Ann. 2 E. 3. Edmund Earl of Kent the Kings Uncle by the instigation and power of Roger Mortimer Earl of March was arrested impeached condemned and executâ—d for conspiring and attempting to rescue his Brother King Edward the 2. and saying he was alive after the time he was murdered which Treason was said to be manifestly proved by Letters found about him and by his own voluntary confession before the Coroner recorded in Walsingham and the Clause Roll of 4 E. 3. which Letters and confession were openly read in Parliament pur que oue le assent des Countz Barons et autres Grantz et Nobles â—n mesme le Parliament par agard dicelle estoiet le dit Count come Nostre Trayture et Traiture de Royalm adjudge a la mort as the King himself recites in his Writs and Letters to all Sherifs Claus 4 E. 3. m. 16. dorso Demorte Edmundi nuper Comitis Cantii publicanda commanding them to publish this as the cause and manner of his death and to arrest all those that said King Edward the 2. was alive or that the said Earl of Kent was otherwise put to death So that by this record being a Peer he was adjudged to death only by the Earls Barons Great men and Nobles in Parliament without the Commons not named in this record And therefore the Kings Letter to the Pope in 4 E. 3. relating the proceedings and judgement against the Earl in these words if truly recited Comitibus Magnatibus Baronibus aliis de COMMUNITATE dicti regni ad PARLIAMENTUM illud congregatis injunximus ut super hiis DISCERNERENT ET JUDICARENT quid rationi justitiae conveni et habentes prae oculis solum deum qui eum CONCORDI ET UNANIMI SENTENTIA tanquam reum criminis laesae Majestatis ADJUDICARENT ejus sententiae c. Objected by Sir Robert Cotton to prove the Commons to have a share and voice in judicatures in Parliament and that not in the case of a Commoner but this great Peer must needs be understood of an Attainder by Bill to confirm the judgement formerly given against him by the Earls Barons and Lords alone in this Parliament as in the case of the two Spencers not long before not of his original sentence given only by the Lords Barons and other Great men and Nobles as the Clause Roll and all Writs to the Sheriffs record Which the Parliament Roll in 4 E. 3. n. 11 12. doth likewise intimate where Earl Edmonds eldest Son and Margaret Countesse of this Earl of Kent by their Petitions prayed that THE RECORD or Bill against the said Earl might be reversed for errors therein appearing and he to be restored to blood and lands of his Father and she to her Dower which was granted and ordered by Parliament saying to the King the wardship of the same during his minority and thereupon it was further enacted That no Peer of the land nor other persons should be impeached for the death of the Earl of Kent but only the said Mortimer and 3 more then impeached and condemned of High Treason for his murder as well of the deposed Kings and that his Countess should have her Dower as Claus 5 E. 3. part 1. m. 24. assures us In the Parliament of 4 E. 3. rot Parl. n. 14. Edward the eldest Son of Edward Earl of Arundel condemned and beheaded without any legal trial by his
de la foy le roy en cellez paâ— Pâ—r la ou le roy devoit pluis ost par reson avoyre vengee loure mort de pardonee contre fourme de parlement Ensy le dit Roger compassa devoyre destrut lez noryes le roy et lez secrettez le roy de queuz il se pluis aâ—ya Et susmyt al roy en presence la reyne sa miere et dez eveskes de Nichole et de Salusberye et autres de counsaile le roy qe lez avanditez secretez le roye luy exciterent destre la covygne dez enmys par de lay en destruccion de sa miere et del avant dite Roger La quela chose il affirma tant sour le Roy que le parole le Roye ne poet creu Et cele vendurdi deinz la nute qils estoient prisez a la myt nyt suant donke pur lez caulez susescriptes et molt dez autrez choses que ne sont pas ore a dyre touz si fist le dit roy prendre en la manere par eide et avisement dez priveez et nuriicz come il vous ad souent monstres Tunc propter causas subscriptas et multas alias quae jam non sunt recitandae ad praesens Rex praecepit Comitibus Baronibus et caeteris Magnatibus regui justum judicium ferre super praedicto Rogero Mortymere Qui omnes adinvicem consulentes venerunt dicentes quod omnes et singuli articuli superius de dicto Rogero attestati veri sunt et notorii et omni populo terrae cogniti et praecipuè articulus tangens mortem regis apud Berkeleye unde respiciatum est et adjudicatum quod praedictus Rogerus ut proditor et inimicus regis et regni distrastus sit et suspensus tertio kalend Septembris apud Londonias Cujus corpus duobus diebus et duabus noctibus nudum pendebat super furcas By these Articles it is evident 1. that it was adjudged high Treason in him to murther King Edward the 2. after his resignation of and deposition from the Crown by his own and a Parliaments consent How much more then to destroy murther him when an actual lawfull King when never deposed without and against his Parliaments consents and contrary to their resolutions protestations Covenants Oaths 2ly That to come with armed forces to any Parliament to over-awe force menace terrifie thereby and drive away any of the Members thereof from it and compel the rest to comply with or not to oppose what this armed party propounds or to put any Nobleman to death is a high and treasonable offence That Lords and other Members may justly depart from Parliament without doing any thing when there is any such force upon them Let Lilburn and others guilty of such Treasons sadly consider them and take timely warning by this president In the Parliament of 28 E. 3. n. 7. to 14. Roger Mortimer of Wigorn Cosin and heir to this executed Roger required by his Petition that the Act of his Attainder in the Parliament of 4 E. 3. n. 1. might be examined and for manifest Errors therein reversed whereupon the record was brought into Parliament and all the Articles Proceedings and Circumstances of his Judgement at large recited Which being read it was alleged that the judgment was defective erronious in all points not for the substance of his Charge for that the said Earl was put to death and disinherited by the Lords as Judges oâ— Parliament by the Kings command Sans nulle accusement et sans estre mesne au juggement au en respons without any accusation and without being brought to Judgement or to answer for which causes it was prayed That the said Statute and Judgement might be reversed and annulled For which causes Nostre Seignour le Roy et les dits Prelates Prince Duks Countz et Barons per accord des Chivalers des Counts et des ditz Comunes reâ—ellent et anientissent et pur erroigne et irrâ—t ajudgent les Records et Iuggements suis dits This Judgement whose reversal is also recited in Claus 28 E. 3. m. 7. 29 E. 3. rot Parl. n. 29. though given in Parliament being erronious and void in Law because given without any lawful accusation trial answer and arraignment of the party against the Great Charter and Law of the Laud which ought to be observed not violated by the Lords or Parliament it self in their Judicial proceedings In this Parliament of 28 E. 3. â— 13. Richard Earl of Arundel by Petition shewed that in the Parliament of 1 E. 3. touching the attaindâ— of Edmund Earl oâ— Arundel his Father a Statute was made without forfeiture albeit he was put to death and prayed that he may now be taken as heir of his Father and that Act reversed as erronious which being read and duly considered 〈◊〉 suâ—ceâ— oue bon deliberation et auys a graunt 〈◊〉 nostre Seigniour le Roy Prelates Prince Duk◠〈◊〉 Barons 〈…〉 il apiert clerement que le dit Edmund fuist non 〈…〉 a la mert et que parols recites eu le dit Statute touchant la mort et destruction de dit Edmund sont voydes erroignes et nulles Pur quoi nostre Seignior le Roy et les ditz Prelates Prince Dukes Countz eâ— Barons per accord des Chivalars des Counteâ— et des dites Commune ajuggent et agardent que la recitation et quelque est en le dit Statute touchant la mort et destruction du dit Edmund sont Voides erroignes et nulles c. et soint anientez et pur nul toutz a toutz jours The said Edmund being put to death without due proces or trial by his PEERS according to the Law of the Land and the Great Charter Therfore the Act confirming this erronious attainder was thus reversed repealed and nulled In these two last Records it is observable First that the King and Lords debated adjudged these Judgements and attainders to be erronious but because they were confirmed by Act of Parliament the assent of the Knights of Shires and Commons was required and had to their reversal as well as to the nulling and repealing of other publike Acts. In the Parliament of 50 E. 3. rot Parl. n. 21. to 31. William Lâ—d Latymer was accused by the Commons for divers oppressions by him done to the Kings people both during his command in Britain and also in the time that he was Chamberlain to the King and of his Council in levying divers sums of money for victuate and ransoms amounting to many thousand pounds for which he never accounted For the loss of sundry Foâ—s and Towns in Normandy and Brittain to the Enemy of which he had the command and partaking with Richard Lions in those illegal Impositions and misdemeanours whereof he was then impeached by them Whereunto the Lord Latymer saving the tryal of his Peers offered to answer any particular
was again resolved in another Parliamentary Assembly held that year by King Henry the first the Bishops Abbots Great men and Nobles of the Realme as you read before p. 173. Anno 1109. there sprung up another â—ot contest between Arch-Bishop Anselme and Thomas Elect of York about the oath of subjection and canonical obedience which was again debated and after Anselmes death again debated and finally setled in another Parliamentary Council by the King Bishops Nobles and Barons of the Realme of which at large before p. 174 175 176 177. The same Debate coming again between Ralph Arch-Bishop of Canterbury and Thurstan of York after his returne from Exile Anno 1121. was again concluded omnium Concilio Episcoporum Principum Procerum Regni p. 180. After many years intestine bloody wars between the perjured Usurper King Stephen Mawde and Duke Henry her Son for the Crown of England Anno 1153. apud Walingford in conventu Episcoporum et aliorum Regni Optimatum there was a final accord made between Stephen and Henry touching the inheritance and descent of the Crown that Stephen should adopt and constitute Henry for his son heir and successor to the Crown of England immediately after his death which Stephen should enjoy during his life yet so as that Henry should bee chief Justice and Ruler of the Kingdome under him This accord made between them by the Prelates Earles and Barons of the Realme was ratified by King Stephens Charter and subscribed by all the Bishops Earles and Barons in their Parliamentary Council at Walingford The difference and suit between King Henry the 2d and Roderic King of Conact in Ireland touching his Kingship Royalties Dominions Services Homage Loyalty and Tribute to King Henry were heard decided and a final agreement made between them in a great Parliamentary COUNCIL held at Windeshores Anno 1175. wherein King Henry the 2d and his Son with the Arch-bishops Bishops Earles and Barons of England without any Commons were present who made and subscribed this agreement recorded at large in Houeden where you may peruse it King Henry the 2d Anno 1177. Celebrato generali CONCILIO apud Northampton after the feast of St. Hilary by the advice of his Nobles restored to Robert Earl of Leicester all his Lands on this side and beyond the Sea as hee had them fifteen daies before the Warre except the Castles of Mounsorel and Pasci Hee likewise therein restored to Hugh Earle of Chester all the lands which hee had fifteen daies before the warre and gave to William de Abbine Son of William Earle of Arundel in the County of Southsex And in the same Council Deane Guido resigned into the hand of Richard Arch-Bishop of Canterbury the deanery of Walteham and all his right which hee had in the Church of Walteham quietum clamavit simpliciter absolute similiter fecerunt canonici seculares de Walteham de praebendis suis resignantes eas in manis Archiepiscopi sed Dominus Rex dedit eis inde plenariam recompensationem ad Domini Cantuariensis Archiepiscopi aestimationem Deinde Dominus Rex authoritate Papae Domini instituit in eadem Ecclesia de Walteham canonicos regulares de diversis domibus Angliae sumptos constituit Walterum de Garent canonicum sumptum de Ecclesia de Osencie Abbatem primum super congregationem illam magnis redditibus domibus pulcherrimis dotavit illos And then hee expelled the Nunnes out of the Monastery of Ambresbury for their incontinency and distributed them into other Nunneries there to bee kept more strictly under restraint and gave the Abby of Ambresbury to the Abbesse and house of Frum Everoit to hold it for ever Sanctius King of Navar and Alfonso King of Castile in the year 1177. submitted the differences between them concerning certain Lands Territories Towns and Castles to the determination of King Henry the 2d who thereupon summoned a Parliamentary Council of his Bishops Earles Nobles and Barons to hear and decide it by their advice Wherein the case being propounded debated and opened before them by the Ambassadours and Advocates of both Kings appeared to be this That King Sanctius during the minority of King Alphonsus an Orphant his Nephew Pupil and innocent from any crime unjustly and forcedly took from him without any demand hearing or Title divers Territories Towns and Lands there specified which his Ancestors had enjoyed and of right descended to him which hee forcibly detained Whereof hee demanded restitution and dammages On the other side Sanctius complained that Alphonsus the Emperour Father of this Alphonsus had by force of armes unjustly dispossessed his Grandfather of the Kingdome of Navarre after whose death Garsias his Nephew and next heir by the help of his friends and subjects recovered the greatest part thereof from the Emperour but not all Who dying leaving his Son Alphonso an infant with whom Sanctius made a league for ten years Alphonso during the League took by force of armes divers Castles Towns and Lands from Sanctius being his inheritance who thereupon demanded restitution both of the Castles Towns Lands and Territories taken from his Grandfather by Alphonsus his Father and from himself by Alphonsus together with the maine profit of the latter quia sine ordine judiciario ejectus est King Henry having fully heard their cases by the Advice and Assent of his Bishops Earles and Barons adjudged that both these Kings should make mutual restitution of what had been forcibly taken from either party together with the mean profits and dammages for part of them by an award and judgement under his Great Seal subscribed by all his Bishops Earles and Barons which recites super quaerelis vero praetaxatis de castellis terris cum omnibus terris pertinentis suis hinc inde violenter et injuste ablatis cum nichil contra Violentiam utrinque objectam à parte alterutra alteri responderetur nec quicquam quo minus restitutiones quas petebant faciendas essent alligaretur Plenariam utrinque parti supradictorum quae in jure petita erant fieri restitutionem adjudicabimus A clear Parliamentary resolution and judgement in point That Territories Lands Towns Castles injuriously taken by one King from another by force of armes and warre without just Title to them ought in Law and Justice to bee restored to the right heirs and owners of them and that Conquest and the longest Sword are no good Titles in Law or conscience against the right heir or inheriter which I desire those Sword-men and Lawyers who now pretend us a conquered Nation determine Conquest or the longest Sword a just Title to the Crowns Lands Revenues Offices Inheritances Houses Estates of other men now sadly to consider together with the sacred Texts Hab. 7. Micha 2.1 2 3 4 5. Job 20.10 18 19 20. Obad. 10. to 17. Ezek. ch 19. 35. Isa 33.1 1 King 21.1 to 25. Matth. 21.33 to 41. Luk. 20.14 to 17. ch 19.8