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
added Sworn and Examined And agreeable hereunto is the examination in the Case of Alice Pierce in the beginning of Rich. the 2. Barons answering to Bils as Defendants For Barons answering in Chancery as Defendants are divers presidents of such their answers in the times of H. the 7 and Henry the eight but there are none of that time that cleeres it whether they were sworne or no for the answers of that time as also of the time following till about the middle of Elizabeth or later are frequently filed without any Jurat to them BVt under Queene Mary in a suit by William Armer against Thomas Lord Wentworth touching the Inheritance of Copy-holders in Stepney the defendant presents in his answer with Master Sackfords hand to it who was his Councell And on the upper part of his answer wher Iurat is sometimes but rarely in that Age written These words are found this answer is made by councell and the Defendant not sworne by order of Court Then in Queene Elizabeths time the Lord Dacres being Plaintiffe against the Lord Buckhurst and Parker and Manwood these two defendants are sworne but not the Lord Buckhurst And afterwards the Lord Buckhursts answer is inscribed per traditionem Comitissae super honorem suum So the Countesse of Northumberland In virtute honoris sui agnovit responsionem suam esse veram as the entry is upon her answer at that time And in the Countesse of Rutlands case where she with Sir George Shaworth were Defendants about the later end of Queene Elizabeth The Dedimus potestatem was to answer upon his Oath super Evangelia as also a Dedimus towards the end of Queene Elizabeth was directed to Roger Bromeley and Richard upon the bill of complaint of one Brooke against George Earle of Huntington to take his Oath super honorem c. About which time also the Lord Eure put in his answer super honorem only to the bill of John Barnes and Robert Talbois In other Courts as the Starr-chamber and Court of Wards it was questioned in Queene Elizabeths time whether Barons being Defendants should put in their answers upon Oath and in the Court of Wards an Order was made in the Lord Mountagues case that they should and that so the course should be henceforth constant The like course hath beene held of late in the Starre-chamber as also in the Ecclâ—siasticall proceedings and about the end of Queen Elizabeths time in Chancery also the Lord Wharton by a compulsory order answered there upon Oath And within these few dayes the Earle of Shrewsbury was ordered to answer upon Oath to one Revell being plaintife there and divers Noble men have beene sworne to their answers in Chancery since the beginning of the King and some in Queene Elizabeths time also neither is the time of Queene Mary and Edward the sixt wholy without example but the summe of all seemes this that according to the clayme of the Barons in 20. E. 1. they were not anciently till about the end of Queene Elizabeth or the time of King James and of our present Soveraigne compellable to sweare to their answers for the first compulsory order falls in the 33. of Eliz. in the Court of Wards but that some of them taking no advantage of their priviledges in this case voluntarily tooke the Oath and others standing upon their ancient right put it in onely upon honour as also we see in that case of Gravenor and Scroope and Alice Pierce under Richard the first for it were not a speciall Priviledge it will fall out that in all the Examples where they were not sworne the Iudges committed great Injustice in receiving their answers and depositions without oath if they had not beene subject by compulsion to an oâ—th no otherwise then if a Iudge of the Common Law should admit evidence given to a Iury or take a verdict without Oath which were not excusable And a few examples of giving in their answer without Oath upon this reason are of great weight against many that shewed that they were voluntary sworne and these orders which were compulsory are of so late time and of so weak power that they cannot at all take any right from the Baronage which was before setled in them Examined as Plaintifs in actions of debt upon arrerages of accompts BY the Statute of 5. Henry 4. cap. 8. In actions of debt upon Arrerages of accounts the Iudges have power to examine the Attourney of the Plaintife or whom they please this examination was meant and hath beene practised upon Oath yet in action brought by the Lady of Abergavenny being a Baronesse against another in the time of Henry the sixt when the Counsell of the Defendant desired that the plaintife might be examined Cockanie the Iustice said that they should not doe well to make her being a Baronesse come to be examined And how ever the Statute were generall for high as well as low as the words of the bookes are yet hee saith the Law will bee otherwise and different betweene another common person Of the forme that was used in swearing of spirituall and Temporall Barons IN the forme of swearing the promissory Oath a difference hath been amongst the Barons of Parliament the Temporall Barons under Henry the 7. sweare with their hand upon the Booke the Spirituall with their hand upon their breast first the one tactis the other visâ—s Evangeliis Anciently this Oath was taken by the Lords in the house upon the Arch-Bishops crosse To this day the Spirituall Lords have challenged it sometimes have used to sweare visis onely as a thing to be done by the priviledge of the Church But there is the Testimony that shewes that all the Bishops in a provinciall Synode did sweare here their Iuramentum corporale which is tactis howsoever if it be a priviledge of Nobility in some other States or of Gentry to depose by writing without a corporall oath as in Bohemia Austria Bavier c. yet there is no sufficient certainty with us for aâ— establisht difference of forme in swearing CHAP. II. Tryall by Peeres IN all cases of Treason or felony or misprision of either of these offences a Temporall Lord of Parliament is to bee tryed only by his Peeres if arraigned by inditement per Judicium parium suorum or of 12. or more Temporall Barons of Parliament This holds as well in all cases made Treason or Felony by Statute as received anciently to be so by the Common Law as Iustice Stamford expressely affirmeth although usually in Statutes which make Treason or Felony a speciall clause bee inserted for Peeres to be tryed by their Peeres as also to the now tryall where perhaps more need was of such a clause upon the Statute of remainder made for tryall of offences committed by the English in Scotland It is added that if the Offender bee a Peere of the Realme then his
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
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
make a patent against reason or law That such patent shal be repealed and such Iudgement reversed Without inflicting other punishment upon such Officer oâ— Iudge And the Commons replying to the Answer of the said Earle concerning the first Article did shew to the Lords the copy of his Oath made when he was created Chancellor in manner as followeth YOu shall sweare that well and loyally you will serve our Lord the King and his people in the Office of Chancellor and shall do right to all sorts poore and rich according to the Laws and Usages of the Realm and lawfully shall Counsell the King and his Counsell shall keep And you shall not be privy nor suffer any dammage nor disherison to the K. nor that the rights of the Crown be taken away if you can any way hinder it and if you cannot hinder it you shall make the same cleerly and expresly known to the K. Together with your loyall Advice and Counsell and you shall cause and purchase the profit of the King by all that lieth in you to do reasonably so helpe you God and his holy Gospell ANd praying that the same might be read well understood and the circumstances of the said Answer considered viz. That he had not denied that he received of the Kings gift after that he was made Earle being in the Office of the said Chancellor divers Lands and Tenements which are certaiâ— and sure of the value of 400 marks a yeare which he hath had upon the Custom of Kingston upon Hull which are casuall may deceive the King to his dammage in that behalfe And how he said that he had received part of the â—â—id Lands and Tenements so taken â—n â—xchange before he was Chaâ—cellor The Commons say that he was then of the privy Councell and afterwards sworne in the creation of the Office of Chancellor by the aforesaid Oath and he in that Office agreeing to the exchanges takes and receives the remnant of the said Lands and Tenements in full performance of the exchanges as by his Answer in Parliament aforesaid ANd in Answer to the second Article the Commons replying say That insomuch as he acknowledgeth in his proper protestations That he represented the Estate of the King while he was Officer and so extends his power upon all others wherfore although default was in others he cannot therefore be excused and especially of that which the King had commanded him to speake in Parliament as he had said he was the more bound to put the said matter in execution and to confesse what he denied not the dammages are no lesse than they have surmised They pray the Iudgement of Parliament ANd as to the Answer of the fourth Article the Commons replying say That it shall be found of record in the Exchequer the aforesaid Tydman to be debtor to the King in great summs as they suppose and for that cause the said rent appertaines to the King notwithstandiâ—g he had otherwise forfeited and so the King was deceived and they pray that the records may be examined And further say That one Neele Hackney was killed by his wife and his servant and the said Tydman for which felony the said woman and servant were arraigned found guilty and suffered the Iudgement and execution of the Sentence of the Law and the said Tydman as followeth ANd to the Answer of the fift Article the Commons prayed again proposing the example of one William Thorpe late Chief Iustice of the Kings Bench surmising that he tooke 20 l. of one party who had an Office in plea before him and for that he sold the Law for which cause he was judged to death forfeiture of his Lands and Chattels and say insomuch as the said Earle was so Chancellor and tooke 100 l. c. of the said provision there commanded to be delivered out of the Kings hands of his profits which hee ought to have done according to the command of the K. freely without taking any thing it seemeth to them that hee hath sold the Lawe and prayen Iudgement ANd to the Answer of the sixt Article the Commons replying said That it appertained to him as wise as he is to be well advised and counselled that he assent not nor do such a thing which may tend to the disherison of the King and oppression of his people as he would avoyd the Indurance of the Iudgement of Parliament ANd thereupon the said Earle replying to the Replication of the Commons touching his oath said That to take the words of the said oath without other speciall Intendment no Chancellor heraftet will inseale any thing of the Kings grant to any persons of Lands and Tenements or other Goods without offence of his Oath But the said Earle saith That it is not comprised in the said Oath nor forbidden him to take to himselfe of the Kings gift nor to any other person And for that the Kings gifts to other persons in the said voyage nor of divers other things before be not impeached not holden against the Oath of the Chancellor it seemeth to him that no more he ought to be impeached for the gifts given to his personall estate seeing that in the said Oath it is not forbidden nor restrained to him more than to others more especially for that the said Estate and the Gifts given are confirmed by Parliament and further saith that he accepted of his Oath of Chancellor according to his conscience and power and for the causes before expressed he saith as he shall answer before God that he thinks nothing done in the matters aforesaid against his Oath or understanding of his conscience but that the Chancellour may inseale the Kings guifts to the Loâ—ds for to maintaine their Estate or for other reasonable cause by the Kings warrant and that hee hath done nothing against his Oath c. And saith that that which is comprised in the Oath that hee suffer no dammage not disherison of the King c. That is to bee understood of that which is intended of matters wherof the King hath not cognisance and that appeareth by the clause comprised in the Oath that hee shall make known to the King cleerely and expressâ—ly And after that the King is informed in such manner the Chancellor may doe the Kings Commandement without offence of his Oath and sâ—ith that concerning his Estate and what the King gave him it was expressely done by the Commandement knowledge and will of the King and so not against his Oath and that it may not bee intended that hee should bee impeached concerning this matter ITem as to that that the Commons say that the said Earle hath deceived the King because he hath taken of the King the manner of Faxfleet in value 50. pounds which Mannoâ— was worth 200. l. per annum c. The said Earle answereth that Master William Morris hath reported to him that hee hath taken of the King the two parts of the said Mannor with the rent
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