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
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
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
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
tryall shall bee by his Peeres And this is cleere for all Temporall Barons and their Ladies but it hath beene doubted whether the same Law bee in case of tryall of spirituall Barons or no and without doubt one speciall Argument among others hath beene made from the name of Peeres some concluding thus Spirituall Barons are no Peeres therefore not to be tryed by their Peeres others for the other part thus Spirituall Barons are Peers therefore to be tryed by their Peeres but of these two Arguments the first is false in matter the second in forme For the first it is true and plaine that Spirituall Lords have beene Peeres and of the antecedent false the Testimonies justifying them to have beene so are very frequent in the Bish of Winchesters case who departed from the Parliament at Salisbury about the beginning of Edward the third and was questioned for it afterwards in the Kings Bench hee pleaded to the Declaration Quod ipse est unus ê paribus Regni Praelatus c. and in that short disputation of the case which is lest in the the yeare bookes hee is supposed cleerely both by the Court and Councell to bee a Peere So afterwards under the same King in a Writ of Wards brought against the Bishop of London he pleaded to issue and the Defendant could not have day of grace for he said as the words of the booke are that a Bishop is a Peere of the Land Et haec erat causa c. And in a like case upon an Action of trespasse against the Abbot of Abyndon who was one of the Lords Spirituall day of Grace was denyed against him because he was Peere de la terre So expressely upon the Question of having a Knight returned into a Jury where a Bishop was Defendant in a quare impedit the rule of the Court was that it ought to bee so because the Bishop was a Peere of the Realme So the Iudgement given against the Bishop of Norwich in the time of Richard the second hee is in the roll expressely allowed to bee a Peere for hee had tooke eeceptions that some things had passed against him without assent or knowledge of his Peeres of the Realme To which exception the answer was It behooves you not at all to touch your Prelate of onely certaine misprisisions which you as a Souldier of the King c. have done and committed c. Here is to be avoided that challenge of Stafford Arch-Bishop of Canterbury under Edward the third when upon his being excluded the Parliament he thus challenged his place Ego tanquam major par Regni post Regem vocem habeus Jure Ecclesiae mea tantum vendico ideo ingressum in Parliamento peto the same is justified by the Clergy touching their Ius paritatis before recited at large and entered in the Parliament roll And in the Assignement of the Errours under Henry the fifth for the reversall of the Attayndor of the Earle of Salisbury one errour is assigned that Iudgement was given without assents of the Prelates which were Peeres in Parliament and that although that were adjudged to bee no errour yet it hath been allowed cleerely in the roll and the Petition that they were Peeres So in an Act of Parliament under the same King the Bishops and Arch-Bishops and Arch-Bishops of Ireland are called Peers of that Kingdome and divers other passages occurre touching this name of Prelate neither could any scruple bee further made of it untill the passing of an Act of this Parliament 17. Car. 1641. But as this is cleere that they were Peeres so also it is cleere that they were not by the lay to bee tryed as Temporall Barons by their Peeres and the conclusion of the contrary drawn as before out of that that they have been Peers is wholy without consequence this having been a point of the common Law as it is distinguished from Acts of Parliament which falls out generally to bee onely the knowne and received custome within the Kingdome if the practise and custome within the Kingdome be therein observed the point of Law may bee soone resolved In the practises and customes divers Bishops are found to have beene arraigned and legally tryed upon Capitall offences yet all that have beene so have had their Triall onely by common Iuries and whether by Statute any alteration bee of this common Law shall presently be examined there being many Bishops now to be tryed THat practise and Custome appeareth in particular examples found from the time of Edward the second to the age next before us thus collected Adam Bishop of Hereford under Edward the second was indicted of divers Felonies and of joyning with Roger Mortimer hee is arraigned in the Kings Bench and upon question how hee will be tryed he saith Quòd ipse est Episcopus Heref. ad voluntatem Dei summi Pontificis quòd materia praedicta Articulorum sibi imposit adeò ardua est quod ipse non debet in Curia sic super praedictis sibi impositis respondere nec inde responders potest absque offensu divino sanctae Ecclesiae Hereupon day is given over and then the Inditement is brought into the Parliament whereupon his arraignment hee giveâ— the like answer and Walter Arch-Bishop of Canterbury petit eum ei liberatur and this is commanded that hee have him ready at a certaine day in the Kings Bench Et praeceptum est vicecomiti Hereford quòd venire faciat coram Domino Rege tot tales c. ad inquirend. prout moris est c. And a common Iury is returned which finds the Bishop guilty whereupon hee is committed to the Arch-Bishop and convict and his Lands and goods are seised into the KINGS hands Here was the Bishop tryed by a common Iury although it appearâ—s both in the Record and in the History of that time that the whole Clergy earnestly indeavouâ—ed to have kept him from conviction but no pretence of any right of Tryall by Peeres is once mentioned in this behalfe though other complaints are full enough expressed against the wholâ— proceedings VNder Edward the third Iohn de Isle brother to Thomas Hen Bishop of Ely was indiâ—ed in Huntingtonshire that he with divers others per assensum procurationem Episcop 28. E. 3. die Lunae post festam Sancti Iacobi burnt the house of the Lady Wake at Colne by Sommersham quòd praedictus Thomas Episcopus sciens praedictam combustionem per praedict. servientes suos esse factam dictos servientes apud Somersham postea receptavit c. And also it was found before the Sheriffe and Coroner that 29 Edward the third the Bishop was guilty de assensu of the murther of one William Holme slaine by Ralph Carelesse and Walter Ripton called little Watt upon malice conceived against Holme because hee followed the suit of the Lady Wake the principalls were attainted by Outlary