and â—riors who gave their letters usually to Parsons Prebendaries Canonists and such like In that Parliament of Carlile under Edward the first the Bishop of Exeter sent to the Parliament Henry de Pynkney parson of Houghton as his Proxie The Bishop of Bath and Wells sent William of Charleton a Canon of his Church and in like for t other of the spiritualty of that time In the beginning of the 17th yeare of Richard the second the Bishop of Norwich made Richard Corqueanx being then Deane of the Arches Thomas Hederset Archdeacon of Sudbury and Iohn Thorpe parson of Epingham his Proxies by the name of Procuratores sive nuntij And in the same time the Bishop of Durhams proxies were Iohn of Burton Canon of Bewdley and Master of the Rolls and Iohn of Wendlingborough Canon of London and other like are of the same time By which also that of the Preamble of the Statute of Praemunire is understood where it is said that the advice of the Lords spirituall being present and of the procuratores of them that were absent was demanded The like under Henry the fourth and Henry the fift are found in the Rolls And under Henry the fift the Arch-Bishop of Yorke gives the proxie to the Bishop of Durham and to two other Clerkes of his Province And it is observable that in the making of proxies by the whole number of Bishops in case of Attainders upon Appeale their course was sometime to make a Gentleman beneath the degree of a Baron their Proxie as under Richard the second first they made their proxie for assenting in the Parliament but afterwards the Earle of Wiltshire had that place in the same Parliament But this of making others then Barons of Parliament proxies is carefully found in the cases of the Lords spirituall One speciall case of it is under Henry the fift in that of Thomas de la Ware who being a Clergie man had his Barony descended unto him and is stiled in the summons alwayes Magister Thomas de la Ware and not Dominus hee gave his Letters to John Franke and Richard Hulme Clerkes but the proxie Rolls for the Temporall Lords are for the most part lost The following Times especially ever since the first memorie extant of the Iournalls of the upper House which began the first of Henry the eight have kept a constant course of making parliamentory Barons onely proxies And it appeareth in those Iournalls that one two or three are joyned conjunctim divisim and most commonly Temporall Lords have given their proxies to temporall and spirituall men yet not without a Temporall Lords giving his letters of proxie to a Spirituall and Temporall Lord together And under Queen Mary Francis Earle of Shrewsbury made Anthony Viscount Mountague and Thomas Bishop of Ely his proxies And in the beginning of Queene Mary Stephen Gardiner Bishop of Winchester was joyned in letters of proxie sometimes with a Temporall Lord But the Lords spirituall have so much mistataken of late the Lawes of this Kingdome the Kings prerogative given by the Law and what and whence was the Originall of the Honours they themselves had obtained and have beene ready to inlarge the Dominions of Antichrist and to induce an arbitrary government by their writings and other apparent practises in so much as now they have lost both Priviledge and Vote in Parliament CHAP. II. Priviledges in Suites as well for their followes as for themselves during the Parliament IN a Bill exhibited under Henry the fourth is shewed that the Lords Knights c. and their men and servants c. should not be arrested or otherwise imprisoned by the custome of the Realme and it is prayed that if any be the parties offending may make fine and ransome and give dammages c. Hereunto the Answer is there is sufficient remedy in the case In the beginning of Queene Elizabeths reign Iohn Broxham being Plaintiffe in an Assise in the County of Lincolne against the Lord Willoughby it was ordained that an Injunction should goe out of the Chancery Subpaena 500. l. That the Plaintiffe should not proceed to Tryall To this head may bee referred that case of the Lord Cromwell cited in the Title of processe against them in English Courts in the Iournalls of Queen Elizabeth King James and our present Soveraigne the Testimonies of these priviledges for the servants of every Baron of Parliament are most frequent Hereunto may be added that of the first citation out of an Ecclesiasticall Court against the Earle of Cornewall which was served upon him in Westminster Hall as he was going to the Parliament at the Suite of Bago dâ— Clare and the Prior of Saint Trinity in London for the Earle sued them for the contempt and recovered 1000. Markes dammages And in the same Parliament the Master of the Temple petitioneth that he might distraine for rent in a house in London which it seemes the Bishop of Saint Davids held of him In qua non potest distringere in tempore Parliamenti But answer is non videtur honestum quod Rex concedat quod ille de consilio suo distringatur per Ostia fenestras prout Moris est CHAP. III. No Peere of the upper House to be called to answer in the lower House only THomas Philips complained of the Bishop of London upon divers Articles in the lower House and at first by Order of the House whence it was referred by reason of the slight nature of the offence c. whereupon the Bishop remembring the upper House of their Priviledges Ejus verbis auditis prâ—ceres omnes unâ voce dicebant quòd non consentantum fuit aliquem procerum praedictorum alicui in eo loco responsurum So where the Bishop of Bristoll had written the Booke of Vnion which was conceived to be derogatory to the honour of both Houses yet hee was complained of onely in the upper House and that so he might bee and not before the lower House alone it was acknowledged in the message delivered from the lower House touching him The like is the priviledge of the Bishops complained of in this present Parliament 1641. CHAP. IV. The Iurisdiction of the Lords of Parliament in matters of offences aswell capitall as not capitall and in errors out of the Kings bench THe power of Iudicature belonging to the Lords of Parliament is chiefly seene in their Iurisdiction upon Writs of error and their Iudgements of Offences as well capitall as not capitall which they give to any publicke mischiefe in State Of these Iudgements of such Offences many examples are of former times in the Records of Parliament and out of them are here selected some such as most of all conduce to the opening of the course of Accusation the forme of the Defendants answering the usuall wayes of Triall and other Incidents in their various kindes of Iudgements which are found arbitrary in cases not capitall so that they extend not to the life
for moving the King and power of France and by such repute as then and yet is taken to bee wherefore all the said profit ought to appertain to the KING as of a Schismatick and alien which thing of reasoâ— ought to have beene made known by the said Eaâ—le before hee demanded of the KING the said profit and hee kâ—ew expressely that hee demanded it for â—is sonne as an Hospitall and alleadged not in his answer that the King when hee granted the profit was informed of the matters aforesaid and also in that that when hee was such an Officer as beforesaid hee sent to the Court of Rome to have the same profit for his Sonne of the Collation of the Pope as benefice of the holy Church and to have also the profit out of the KINGS hand by the Sea Apostolicall as the Record termeth it and hee denies not that hee received of the said profits foure hundred pounds per annum alleadging that hee rendered to the KING the sâ—me and that after the said Earle had made a bargainâ— to have the provision which hee claymed of the said profit in England of the Pope a hundred pound per annum of the said provision to him and his Sonne John for term of their two lives for to deliver the said profit to the said provision for payment of which 100. l. to him and his sonne he tooke surety of the provision by recognizance and Obligations of divers summes notwithstanding that the King had commanded by his Letters to deliver all the profit aforesaid out of his hands to the said provision there where it seems for any thing that yet was shewn that all the said profit ought to have rested in the Kings hand for the causes aforesaid at least untill it had beâ—ne discussed whether the said profit were the benefit of holy Church grantable by the Pope or appurtenant to the K. by reason of Schismasie and endemnity of the said Master and he alleadged not in his answer that the King was cleerely informed of the matters aforesaid wherefore it is awarded that the said foure hundred markes per annum in time that the said profit was so granted to him by the King untill the time that hee delivered the same profit to the said provision as also the said 100. l. a yeare received also of the sâ—id provision untill the same bee levied to the use of our Lord the King of his Lands and chaâ—tells and that all the profit which should of late appertaine to the said Earle by reason of the said recognizance or of other Obligations and Covenants also made in surety of payment And as also to the 1000. markeâ— which hee had alleadged that he payed to the King for the said Exchanges It is awarded that the said 1000. markes remaining in the hands of the King as part of payment of the fine and ransome thâ—t the said Earle shall likewise make to the King before hee be delivered from prison Ex rotulo Parliamenti Anno 5. H. 4. N. 11. ITem Friday the last day of February the Earle of Northumberland came before the King and the Lords and Commons of Parliament and there the Chancellor of England shewed how on Tuesday last past hee had beene before the King the Lords and Commons in the same Parliament and there beseeched the King as hee had done at other times at his comming before him in Yorke that it would please our said Lord the King to grant him pardon of those things wherein he hath offended against him not keeping his Lawes and Statutes as Ligeance demandeth as by a Petition by him preferred in Parliament written in English whereof the Tenor ensueth may appeare more at large To my most Dreadfull and Soveraigne liege LORD I Your humble liege beseech your Highnesse to have in remembrance my comming to your Highnesse to have in remembrance my comming to your Worshipfull presence unto Yorke of my free will by your goodly Letters where I put mee in your Grace as I that nought have kept your Lawes and Statutes as liegeance asketh and especially of gathering of power and giving of Liveries as that time I put mee in your Grace and yet doe And I sent it like to your Highnesse that all gracelesse should not goe Wherefore I beseech you that your High Grace be seene on mee at this time and of other things which you have examined mee of I have told you plainely and of all I put mee wholy in your Grace WHich Petition by Commandement of the King examined by the Iustices for to have their Counsell and advice in this behalfe by Protestation made by the said Lords that the Iudgement appertained to them onely and after reaâ—ing and understanding of the same Petion before the Lords as Peers of the Parliament to whom such Iudgements appertaine of right to heare and understand by the Statutes made in the 25th yeare of the King that now is by deliberation of King Edward cozen of our Lord the King that now is they adjudge that those things which the said Earle hath don contained in the said Petition are not treason nor Felony but onely Trespasse for which Trespasse hee ought to make fine and ransome according to the Kings pleasure wherefore the said Earle most humbly reverenceth our Lord the King and the said Lords the Peeres of Parliament concerning the right Iudgement and further the said Earle prayed our Lord the KING that in affirmance of those matters hee might bee purged from all suspitions and prayed to bee judged de Novo in the presence of the KING and of the LORDS and Commons in Parliament the said Earle tooke his Oath upon the Crosse of the Arch-bishop to bee faithfull and loyall liege man to our Lord the King and to his eldest sonne and to the Heires issuing of his body and to his brothers and their Issue successesively and inheritably at which time if the King would command him hee should bee ready to shew and declare that which hee knowes in that he halfe and set forth the truth thereof And that our Lord the King might not bee deceived the said Earle was present and charged in his liberty the said Earle upon his Oath which hee had made upon the said crosse setteth forth and declareth openly in Parliament that which hee knoweth in this matter upon which charge to him given the said E. saith That at the day of Tryall of his life hee knew not of the Dukes and Bishops and other Lords any thing that â—ounded in derogation of the honourable estate of the K. and of his royall Majesty but that they were and are to him good and lawfull Lieges and that for such our Lord the King may hold and repute them and may faithfully put his trust in them in perill of his life and by the Oath which heâ— had made as before said And moreover the said Earle of Northamberland humbly beseeched the Lords and Earles and Commoners that they will beseech our Lord the
King of his grace towards him concerning the fine and ransome and if at any time he doe any thing against our Lord the King other then liegeancy that they make no prayer nor request for him in whatsoever ensueth thereon but that they be altogether against him And also the same Friday it was adjudged by the King and the Lords in Parliament that leave of Battaile be made by the said Mr. Henry Mr. Thomas which are holden to be guilty of Treason and that as well for themselves as for others which shall bee in their company at the time of the said licence And those to whom the King had granted favour and pardon the King will that they stand firmely in their force and vertue Ex rotulo Parliamenti Anno 31. H. 6. N. 26. ITem the Friday the 15. of February it was opened and declared to the Lords Spirituall and Temporall being in the Parliament chamber by the Counsell of the Duke of Yorke that whereas Thomas Thorpe the monday the first day of August in the raigne of Henry the sixt 30. camâ— to the place of the Bishop of Durham and then and tâ—ere tooke and bore away certaine goods and â—attle of the same Dukes against his will and licence and thereupon the said Duke came and tooke an action by Bill in Mich Terme last past against the said Thomas in the Court of Exchequer according to the Priviledge for so much as the said Thomas was one of the Court to which Bill the said Thomas willingly appeared and had divers dayes to imparle at his request and desire and to the said Bill and action pleaded not guilty whereupon there was awarded in the said Exchequer a venire facias to the Sheriffe of Middlesex returnaeble in the said Exchequer and thereby the Iury that passed betweene the Duke and the said Thomas it was found that the said Thomas was guilty of the said trespasse contained in the said Bill and the same Iury assessed the dammages to the said Duke of the said trespasse to a 1000. l. and for his costs 10. l. And thereupon Iudgement was given in the said Exchequer and the said Thomas acâ—â—rding to the â—ourse of the Law was committed to the Fleete for the fine belonging to the King in that behalfe And thereupon it was prayed humbly on the behalfe of the said Duke that it should like their good Lordships considering that the said Trespasse was done and committed by the said Thomas since the beginning of the present Parliament And also the said Bill and action were taken and scanned and by processe of Law Iudgement given thereupon against the said Thomas in time of vacation of the said Parliament and not in Parliament-time and also that if the said Thomas should bee relieved by priviledge of Parliament ere the time that the said Duke bee satisfied of his said dammages and costs the said Duke should bee without remedy in that behalfe That the said Thomas according to the Law bee kept in ward according to the time that he have fully satisfied and contented the said Duke of his dammages and costs the said Lords Spirituall and Temporall not intending to impeach or hurt the liberties and priviledges of them that were come for the Commons of this Land in this prâ—sent Parliament but equally afâ—er the course of the Law to minister Iustice and to have knowledge what the Law will weigh in that behalfe opened and declared to the Iudges the premisses and asked of them whether the said Thomas ought to be delivered from prison by force and vertue of the priviledges of Parliament or no To the which Question the chiefe Iustice in the name of all the Iustices after some Communication and mature deliberation had among them answered and said that they ought not to answer to that question for it hath not beene used aforetime that the Iudges should in any wise determine the Priviledges of this High Court of Parliament for it is so high and mighty in his nature that it may make Law and that which is Law it may make no Law and the determination and knowledge of that priviledge belongs to the Lords of Parliament and not to the Iudges But as for the Declaration of proceedings in the lower Courts in such cases as Writs of Supersedias of priviledge of Parliament to bee brought and delivered to the said chiefe Iustice hee said there be many and divers Supersedeas of priviledge of Parliament brought into the Courts but there is no generall Supersedias brought to surcease all processe but if there should bee it should seeme that this high Court of Parliament that ministreth all Iustice should let the proces of the common Law and so it should put off the party complaynant without remedy for so much as actions of common law be not determined in this high Court of Parliament and if any person that is a member of this high Court of Parliament bee arrested in such cases as be not for felony or Treason or security of the peace or for condemnation had before a Parliament it is used that all such persons should be released of all such arrests and make an Attourney so that they may have their freedome and liberty freely to attend the Parliament After which answer and declaration it was throughly agreed assented and concluded by the Lords Spirituall and Temporall that the said Thomas according to the Law should remaine still in prison for the causes above said the priviledge of Parliament or that the said Thomas was Speaker of the said Parliament notwithstanding and that the Premisses should be opened and declared to them that were common for the Commons of this Land and they should bee charged and commanded in the Kings name that they with good hast and speed proceed to the Election of another Speaker The which Premisses for as much as they were matters in Law by the commandement of the Lords were opened and declared to the Commons by the mouth of Walter Moyle one of the Serjeants at Law in the presence of the Bishop of Elie in the Kings name that they should proceed to the Election of another Speaker with all godly hast and speed so that the matter for which the K. called this Parliament tooke good and effectuall conclusion and end ITem 16. die Febr. tunc prox sequenti praefati Communes quidam de sociis suis declaraveruÌ„t dominis spiritualibus teÌ„poralibus in presenti Parliamento quòd ipsi per mandatum ex parte domini Regis pridie sibi injunct cum omni diligentia exequentes eligerunt loco praefat. Thom. Thorp Thom. Carleton militem prolocutorem suum humillimè deprecando quatenus praefatus dominus Rex hujusmodi electionem vellet acceptare Quâ—bus per domiâ—um Cancellarium Angliae de mandato dicti Domini Regis advisamento consilii extitit respons quod quidem dominus Rex de electione praesenti Thom. Carleton se bene contentavit injungendo eis quatenus ad
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
of William Ellis and of all others Deputies of the said Richard Lyons throughout the Realme Parl. Anno 1. R. 2. n. 32. 33. ITem William Fitz-Hugh Goldsmith of London preferred his bill in Parliament in form as followeth To our thrice excellent thrice noble Lord the K. and to his thrice Honourable and thrice sage Councell shewen the poore Commons of the mysterie and company of Goldsmiths in the City of London that Iohn Chichester Iohn Botesham and many other Gentlemen and ricâ— goldsmiths of that mystery in the same City by their compassing and subtill devising deceitfully have caused many of the said company to enseale severally divers obligations and those who refused so to doe were taken and imprisoned and in danger of death by many grievous threatnings of the said goldsmiths who had sealed severally divers obligations as their poore companions had done before to cause that the said poore Goldsmiths should not buy nor sell to any Merchant Cutteller Ieweller Vphoulster nor to any other forraigner nor Denizen any goods of their working except they sold the same at a treble value and that none of them should carry gilt nor any other thing of gold or silver to any Ladie or other person to make profit thereof and if they did that the paine comprised in the said Obligations should incurre upon them as before the major Sheriffe and Aldermen of the sâ—id Citie as by the confessions of the said rich Goldsmiths it was proved wherupon it was unreasonably debated so that it was put by good mediation and advice to the said Maior and many of the Aldermen of the City the said rich and poore Goldsmiths put themselves in Arbitrement of three good men for a finall accord of all the debates and quarrells betweene themselves which Arbitrators assented upon certaine points rehearsed to the parties aforesaid and ordained the same points to be affirmed and inrolled in the Parliament for ever and thereupon the said parties were released But notwithstanding this Agreement the said rich Goldsmiths would not assent nor suffer that the sâ—id points bee inrolled and holden as the said Arbitrators adjudged And furthermore by their procurement many mischiefs doe from day to day arise to the wrong of the said poore Commoners so farre as they are like to be undone which God defend and have purchased likewise a new Charter against the said agreement to the great decay and hurt of the said poore Commons may it please you thrice gracious Lords to ordaine and command that the said Accord bâ—e affirmed and holden finally for good and that the said Charter and other things tending to the prejudice and losse of the said poore Goldsmiths bee made voide for Gods sake and in the worke of Charity And thereupon the said Iohn Chichester and Iohn Botesham and many other Goldsmiâ—hs of London came iâ— Parliament and haviâ—g heard the said Bill it was forthwith demanded of the said William Fitz-Hugh if hee would maintaine the said Bill and finde pledge to doe and answer that which the Law demandeth who said that he would doe so but afâ—erwards he could not bring in his surety nor pleadge to answer the said Bill so was the said William Fitz Hugh commanded to the Tower by the award of the Lords in Parliament Ibidem Anno 41. ITem the said 24. day of Decemb during yet this present Parliament Alice â—ierce was caused to come in the same Parliament before the Prelates and Lords for to answer certaine matters which by Letters should bee surmised against her in the Kings name and thereupon by commandement of the Prelates and Lords of the said Parliament Master Richard Scroope Treasurer Steward of the house of our Lord the King rehearsed in Parliament in the presence of the said Alice an Ordinance made in Parliament holden at Westminster the monday next after the feast of Saint George the yeare of the reigne of the King Vnckle of our Lord the King that now is the 50. in these words For that complaint is made to the King that many women have persued in the Courts of the King divers businesses and quarrells by way of maintenance and to have a share which thing displeaseth the King to defend and that hâ—nceforth no woman shall doe so and more especially Alice Pierce upon paine of whatsoever the said Alice may forfeit and to be banished out of the Realme and after this rehearsall made the said Steward surmised to the said Alice that it seemed to the Lords of Parliament that she had incurred the paine comprised in the said Ordinance and had forfeited against the said Ordinances in certaine points and more especially in two viz. that she stayed Master Nicholas Dagworth Chancellour when he was ordayned by the Councell of the late King to goe into Ireland for certaine urgent businesses which should have beene profitable to our late King and his Realme the said Alice after the said Ordinance made as aforesaid perswaded the said King in his Court at Havering that at her singular persuit and procurement the said Nicholas was countermanded and his voyage stayed from all that Island to the great dammage of our said late King and his Realme Item That whereas Richard Lions for misprisions wâ—ereof he was convicted at the said Parliament holden the said 50. yeare of our late King Edward submitted himselfe in the Parliament into the favour of the said King that is to say his Body all his Lands and Tenements and he gave some of them to the Earle of Cambridge and some of them to Master Thomas Woodstock now Earle of Buckingham for terme of their lives the which our late K. after having pitie of the said Richard was willing by the assent of his Councell to shew him favour and to pardon him the Imprisonment of his body and to restore him to certaine of his Lands goods and chattells aforesaid which pardon seemed to our late King and his Councell tâ— be a grace sufficient notwithstanding the said Alice so perswaded the said late King in his Court at Sheene that by the singular persuit and procurement of the said Alice our late King Edward granted to the said Richard all his Lands goods Tenements and chattels aforesaid together with the said Tenements which hee had given to the said Earles for terme of their lives as before said amongst the same pardoned the said Richard 300. l. of certaine Arrerages due by the said Richard in the Exchequer and also granted him a thousand marks of his Treasure to bee â—eceived of the said Ladie which persuit and procurement are contrary to the Ordinance aforesaid And the said Steward demanded of the said Alice how she would excuse her selfe of those Articles which Alice did answer and say that she was not guilty of those Articles and that she is ready to shew and prove by the Testimony of the said Master Iohn Iprâ— then Steward of the said King Edward William Street then controller of his house Allen Buxall
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
if any such right had anciently belonged to them not only they themselves but the temporall Baronage under H. 6. protesteth by the mouth of Viscount Beaumont for their triall by Peeres when William de la Poole put himselfe upon the King and not on his Peeres in such sort as those Bishops put themselves on the Pope and not upon any legall Triall But one particular case is here to be added touching this right singled by it selfe that is Triall by Peeres upon the third offence against the Statute of Service and Sacraments under Queen Elizabeth for the known triall by Peeres is in cases of treasons or misprisions or one of them And triall by Peeres saved to the Baronage in the Statute of new treason of felony hath reference only to the known use of such triall so that in those new treasons or felonies such as for other offences which were before treason or felony were to be tried by their Peeres are likewise and none else to be tried by their Peeres for new treasons or felonies and therein the Spirituall Lords are equally excluded But this of the third offence against that Statute is neither treason felony nor misprision but a Trespasse punished only by forfeiture of goods and perpetuall imprisonment In which Case this act saith without reference to the use of triall by Peeres as it is usually expressed in other Statutes that all and singular Lords of the Parliament for the third offence shall be tried by their Peeres CHAP. III. Scandala Magnatum IF any person shall divulg false Tales of any of the Lords of Parliament by which dissention may bee betwixt the Commons and them the offender is to be imprisoned untill hee bring forth the Author but this also is communicated to the greaâ—er Officers of the Kingdom CHAP. IV. Proces against them in English Courts by Bill and Answer THe course of the Chancery is and of the late Starcham was that the Chancellor writes to the Lords of Parliament and sends out Subpoena's and usually his letters are prayed in the Bils that are exhibited against them But whether upon a Barons not appearing on a Subpoena an attachement may be awarded hath been a question neither do I find it cleerely resolved otherwise than that in later times the practise is that it may but in the time of Queen Elizabeth in a suit between Tavernor and the Lord Cromwell the defendant disobeying an Injunction in the Chancery it was questioned what course should bee taken against him and upon good and deliberate advice taken by the Court having the opinion of some of the Iudges herein an attachment was awarded to the Sheriffe of Norfolke and returned so and the Sheriffe had his costs for bringing him This attachment was awarded in Michaelmas Terme and in Hillary Terme he was returned so but afterwards there being a Parliament began in May and ended in June the Lord Chancellor complained of it and it was pretended that it was gotten in Court in the absence of the Lord Chancellor and advice was had with Councell and Iudges and it appeares not as the words of the Iournall booke are that by the Common Law or by any presidents of the said Court of Chancery it was warranted that the person of any Lord having place and voyce in parliament in the like case in the said Court of Chancery before this time had been attached and therfore they took it to be against the priviledges of the Lords of this Kingdom and he was discharged But for that of attachment upon Subpoenas and in the course of proceeding against noble men by such Writs or Bils as are used in the Exchequer Chancery or elsewhere it is not likely that any certain Course of ancient Common Law or proceeding in equity can be found to justifie it at all either against them or any other persons beyond the time of R. 2. under whom John Waltham Bishop of Salisbury and Chancellor of England brought in the Writs of Subpoena caeteris de causis in the Chancery and the Exchequer by example whereof other Courts have used them against which the Commons passed a Bill in Parliament under Henry the fift but the King would not give assent to it The like is found under Henry the sixt and Henry the fourth CHAP. V. Their number of Chaplaines qualified BY the Statute of Pluralities every Arch-bishop may have eight Chaplaines that may take dispensations for a plurality but for the plenty of Schollers of good ability in Arts and Learning it is like the Law in these points will be altered that they all have and none want convenient benefice Every Marquesse and Earle may have 5 Chaplaines Every Viscount may have 4 Chaplaines Every Bishop may have 6 Chaplaines Every Temporall Baron may have 3 Chaplaines Every Dutchesse being Widdowes two Every Marchionesse being Widdowes two Every Countesse being Widdowes two Every Baronesse being Widdowes two CHAP. VI Their retaining of Strangers A Baron of the Parliament may keepe six strangers borne out of the Kings obeysance at one time whereas another man may retaine not above foure CHAP. VII Clergy VNder Edw. the sixt a priviledge was given to the Nobility that in all cases where a common person as a Clerke convict shall and may have benefit of his Clergy and in all cases where priviledge of Clergy is restrained or taken away by that Statute except in willfull murder that is Burglary Robbery by or neere the high-way stealing of Horses and Sacriledge a Lord of the Parliament and Peere of the Realme should at the first offence only of common grace without prayer have benefit of the Clergy and stand as a Clerke convict to make purgation although hee cannot read But as Stamford notes in all other cases in which Clergy is taken away since that Act. A Baron of the Parliament is in the same case as any other common person is And by Acts made since it was taken away generally 1 For stealing of Horses 1. E. 6. cap. 33. 2 Robbing in dwelling houses c. in or neere the high way 5. E 6. c. 9. 3 Burning of Houses or Barnes pety treason 5 Phil Mar. c. 4. 4 Stealing of 5 s. in any dwelling house or any place adjoyning 39. Eliz. cap. 15. 5 Stealing of 12 d. or more without the knowledge of the person c. 8. Eliz. cap. 4. 6 Burglary and Rape 16. Eliz cap. 7. 7 Killing one that hath no weapon drawn 1 Jac. cap. 9. CHAP. VIII Their liberty of hunting in the Kings Forrests QVicunque Archiepiscopus Comes vel Baro veniens ad nos per mandatum nostruÌ„ transiret per forestam nostram liceat ei capere unam bestiam vel duas per visum Forestarii si presens fuerit sin autem faciat cornare ne videatur hoc furtim facere hoc liceat eis redeundo facere sicut praedict est and this hath been interpreted to the comming of a Lord by summons to the Parl. by
Knight and Nicholas Carrein Keeper of the privie Seale of the said King and others that did then belong to the said King and afterwards from him to the time supposed that she committed forfeiture and that they can discover the truth And thereupon day is given unto the said Alice untill Wednesday next by the Prâ—lates and Lords of the Parliament and it was ordained and assented that those Articles shall be tried by witnesses and by enquest of those that were of the houshold of the late King Edward whereby the truth may better be knowne and thereupon were certaine persons examined before the Earle of March the Earle of Arundell the Duke of Lancaster the Earle of Cambridge and the Earle of Warwick that is to say first Master Roger Beauchampe late Chamberlaine of the said King Edward sworne upon the holy Evangelists and diligently examined touching the Countermand of Master Nicholas Dagworth and upon the other Article concerning the said Kings pardon and favour to Richard Lions saith upon his Oath that in presence of the Ladie Alice Pierce a Bill was delivered to him which Bill he tooke and after hee had understood that the same contained the calling back of Master Nicholas Dagworth from Ireland for that he was an enâ—my to Master William Winsor to that which the Bill supposed he answered that hee durst not preferr it to the King for that the Counsell had ordained the contrary and the said Alice requested him and said that he might safely deliver it to the King and presently the King demanded of what matter they discoursed and the said Master Roger answered of a Bill that doth containe such businesse forthwith when the King had understood the Bill hee answered that the Petition was reasonable and when Master Roger replyed the Councell had ordained to the contrary the King answered that he himselfe was agreeing and that yet it seemed the Bill was reasonable and commanded him that the said Master Nicholas be caused â—o be called back which was likewise done but what day or moneth it was he remembreth not and as to the matter of Richard Lions the said Mr. Roger saith that he was Chamberlaine but an houre and so knoweth nothing more then he hath said Item Master Lanc. diligently examined before the Committees saith that he came one day to Havering and found the Ladie Alice Pierce there and forthwith Master Roger Beauchampe shewed him Billa and after the King understood the matter hee said thus that it seemed not reason that one enâ—mie should bee judge of another and the said Duke answered that hee was come betweene them but it was so that the said Maâ—ter Nicholas was sent for the profit of the Land and of all the Realme and therefore it was ordained before the King that the said Master Nicholas and Master William doe come before the Councell and if the said Master William could prove any cause for the Enmity betweene them that then the said Master Nicholas shall not goe if he well can prove such enmity otherwise the Ordinance of the Councell made in that behalf shall stand in force to which thing the King did well assent for that time but forthwith the King was assailed in his chamber by the said Ladie Alice and there came in the said Duke and prayed the King that he would not suffer in any sort that the said Mr. Nicholas bee called back who answered that it should bee no otherwise then it was afore ordained before the King and when hee came in that behalfe to crave a testimoniall favour hee could not obtaine it and the next morning when the said Duke did his obeysance to the King in his bed The King himselfe commanded upon his blessing that he suffer not in any manner that the said Master Nicholas goe into Ireland The Ordinance thereof made the day before to the contrary notwithstanding and likewise the said Master Nicholas was countermanded and as to the Article of Richard Lions hee saith in his conscience that the said Alice was principall promotrix of the said businesse but he was not present when it was done Item Master Philip de Bath sworne and diligently examined saith as to the Article of Master Nicholas Dagworth that he heard not the said Dame Alice speak to the King of the same matter but hee heard in the Kings house the said Ladie Alice make a great murmur and say that it was no reason nor Law that the said Master Nicholas who was an enemie to the aforesaid Master William should goe into Ireland to enquire and doe Iustice against him and more hee knowâ—s not how to say in this matter But as to the Article of the said Richard hee saith that he was one day at Sheene when the said Richard was brought before the King and that he was called into the Kings chamber to heare those things that were to be done and when he understood a little of the matter he would not stay in the chamber and further he saith that there were then in the Kings Chamber the said Lady Alice Nicholas Currein Master Allen Buxall Walter Walsham and many others saith that she was in the Court and that the said Lady Alice was an aider and friend in the businesse Item Nicholas Currein sworn as aforesaid and diligently examined saith that he was commanded by the King to come to Sheer there he found Rich Lions which Richard and Nicholas were commanded to come before the King to his bed and there they fouâ—d the Lady Alice Pierce sitting at the side of the bed and there it was shewen that the King would pardon the said 300. l. to which he was yet bound to the King as of the arrerages of his accompt in the Exchequer and also the King would give to the said Richard 1000. markes of his Treasure and further would make full restitution of the Tenements which had bin given to his sons of Cambridge and Woodstock as before said And thereupon the King commanded the said Nicholas to say from him his pleasure to his said sâ—nnes but he saith that hee remembreth not iâ— that matter were showne at that time before tâ—e King by relation of any other person or by the Bill of the said Richard there read or otherwise by the said Richard himselfe the said Nicholas remembers himselfe very well that he requested to come before the King who caused to come from behind â—hâ— curtaines Master Allen Buxall and others Knights and Bishops which then were there to testifie that which the King had said to the said Nicholas in the said commandements and so it was done and all the commandements of the King were râ—hearsed in presence of all those men And as to the matter of Master Nicholas Dagworth he saith that he knowes nothing but that Master Roger Beauchampe sent him to countermand the said Master Nicholas Item Master Allen Buxall sworne in like manner and diligently examined saith that one day at Sheen after the last Parliament
he was called to the King where hee found the Lady Alice Pierce Nicholas Currein and many other Knights Esquires which came with him and there it was rehearsed by the said Nicholas how the King had shewed favour to Richard Lions of his Tenements which were holden by the Earle of Cambridge and Master Thomas of Wooâ—stock and had given him a 1000. marks of his Treasury And as to that which was don the said Dame Alice Pierce prayed the same Mr. Allen that hee would declare to the said Earles the Kings will his chargings upon the blessing of their father to cease to extend the Tenements of Maâ—ter Allen and that they doe it voluntarily if the King commanded them to doe so And forthwith at the instance of the said Alice the King commanded and it was also done And as to the Article of Master Nicholas Dagworth he saith that he knoweth nothing but that hee heard the said Lady Alice say many timâ—s that it is not reason nor Law that the said Mr. Nicholas who was enemy to Master William Windsor should bee sent into Ireland to make Inquisition of him or against him Item Will Street late controller of the Kings house sworne in like manner and diligently examined saith that he was one day at Havering when Williamâ—f Yorke spake to the K. of William Windsor in presence of the Lady Alice Pierce for to disturb the passage of Master Niâ—holas and the said Lady Alice said that it â—as not reason that one Enemy shoulâ— bee Iudge of another And moreover the said William Streâ—t saith in his consciâ—nce that the said Ladâ—Alice was principall and motrix of the said cause as he verily beleeves And as to the Article of Richard Lions he knowes nothing before it was all finished Item John Beverill sworne in like manner and diligently examined saith that he heard not at any time the said Lady Alice speake to the King concerning neither the one Article nor the other and that she kept her selfe well from him that she spake nothing in his presence but hee thinks in his conscience that she was the promotrix in the said businesse for hee knowes no other which could have followed that matter and notwithstanding they were caused to come before the said Duke and the said Earles Mr. Robert Beauchampe Master Allen Buxall Master Iohn Burle Mr. Philip de la Page Mr. Iohn Foxley and Thomas Barre Knight Nich Currein Iohn Beauchampe of Holt John Beverly George Felborough John Salisbury William Street Pierce Cornewall Thomas Lurden Lolvin Legat Esquires of the house of the said late King Edward which doe say upon their oathes that the said Alice was principall promotrix to the said King at his Court aâ—Havering about the Feast of All Saints in the 50. yeare of his Reigne concerning that Article touching the revocation of the said Nicholas Dagworth and for that she was committed Item as to the Article touching Richard Lions they know well that the said Alice was well willing councelling and aiding to the said busines prevailing with the said King at Sheeâ— in the moneth of May last past and for that she is found guilty in the same impeachment and the Lords of Parliament that were at Parliament when the said Ordinance was made remember that their intention was witnessed and bearing the force of a Statute and by the generall words whatsoever the said Alice may forfeit extend as well to the forfeiture of Lands and Tenements as goods and Chattells and all other possessions considering the dammages and villanies by her done to the King and to the Realme for that it was in effect to restraine and punish the said Lady Alice only wherefore it is awarded in this present Parliament that the said Ordinance have the force and effect according to the intent aforesaid that she be banished out of the Realm and her Lands and Chattels Tenements and possessions as well in demeane as in reversion be forfeited to the King and seised into his hand and it is the Intention of the King and of the Lords of the Ordinances assented to in the same Parliament that all the Lands whereof she hath taken the profit or bargained to her own profit be forfeited because of the fraud which may bee presumed in which shee is most abounding for which câ—use the same shâ—ll 〈◊〉 â—orâ—eited to the King and seised as the oâ—her Lands And it is the Intention of the King and of the Lords that this Oâ—dinance and award made by the King for such odious things in this especiall case which may extend to a thousand other persons shall in no other case but this bee taken in Example Likewise it is ordained and assented that notwithstanding the said forfeiture if she purchased any Lands or possessions by foâ—ce or dures Bee it by fine or by deed in pais or deed inrolled or otherwise that the purchase bee holden for nothing and that the parties which perceiv themselves aggrieved may have remedy by processe in Chancery and by advice of the GRANDIES of the Councell right shall bee done to the parties and restitution made according to the case demanded so that the purchases made bona fide be not made voide nor disanulled bâ— any manner of way Et istud rotulum sic factum scriptum tradidit liberaâ— it Edmundus Bradwell Clericus de Corona c hoc in Parliamento assig Clerico Parliamenti Ex. Rot Parliam Anno 7. R. 2. N 11. ITem It is to be understood that the 23. day of May there was present one Iohn Cavendish of London priâ—oner in this Parliament before the Commons of England in their Assembly in presence of some Prelates and Lords temporall there being and afterwards before all the Prelates and Lords being in this Parliament and prayed the Lords that for Goâ—s sâ—ke they would hasten for the peace and safety of his life that hee may have iufficient surety of the peace of those wheâ—eof hee complained and especially demanded surety of the Peace of Master Nicholas de la Poole Chancellor of England and this request to him was granted and thereupon by Commandements of the Lords aforesaid the said Master Nicholas there present found Sureties to be peaceable towards the said Iohn that is to say the Earle of Stafford and the Earle of Salisbury and the said Iohn rehearsed how at the last Parliament hee had made persuit by one Savill against Gibbon Mansfield Robert de Parry Iohn Hawkins and WILLIAM HORSMAN to have Restitution of certaine goods and marchandizes of great value left upon the Sea in default of the said Gibbon Robert John and William at the time when he had undertooke the safeguard of the Sea and of the marchandizes passing and comming from Sea for the time against all Enemies out of the power Royall which Bill was endorsed in the said Parliament he confessed and acknowledged in the Chancery for to discontinue and determine the matter by composition according to
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
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
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
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