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A59090 The priviledges of the baronage of England, when they sit in Parliament collected (and of late revised) by John Selden of the Inner Temple Esquire, out of Parliament rolles ... & and other good authorities ... : the recitalls of the French records in the 4th. chap., also newly translated into English ... Selden, John, 1584-1654. 1642 (1642) Wing S2434; ESTC R10915 70,579 178

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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 Woo●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 Ma●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 tim●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 William●f Yorke spake to the K. of William Windsor in presence of the Lady Alice Pierce for to disturb the passage of Master Ni●holas and the said Lady Alice said that it ●as not reason that one Enemy shoul● bee Iudge of another And moreover the said William Stre●t saith in his consci●nce that the said Lad●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 a●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 Shee● 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 c●use the same sh●ll 〈◊〉 ●or●eited to the King and seised as the o●her Lands And it is the Intention of the King and of the Lords that this O●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 fo●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 b● any manner of way Et istud rotulum sic factum scriptum tradidit libera● 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 pri●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 Go●s s●ke they would hasten for the peace and safety of his life that hee may have iufficient surety of the peace of those whe●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
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 Cou●cell sheweth William Latimer of the County of Dorset That whereas ou● 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 comma●●●● 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 T●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 suffici●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 ●ad Willi●m Latimer answered and said Tha● our Lord the King had committed the wardship of the Mannors Lan●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
and ●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 d● 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 pr●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
losse without necessary cause and also of Patent● made in destruction of the Staple of Callis and als● of divers Impositions put upon woolls against the Statute of Parliament in that behalfe lately made he is awarded by the Prelates and Lords in full Parliament to prison to be kept in Ward of the Ma●shall and to make ra●som at the Kings will whereupon the said Commons beseech the King for that he is found in such defaults by his singular Counsels he being in all Offices of the King and especially one of the Kings Privy Counsell throughout all that time it was requested that the King would bee pleased to grant that the said Lord might go under baile whereupon the King willed and granted that the said Lord Latimer should find in Parliament certain Prelates Lords and others during the Parliament to have his body before the King and the Lords to answer further to the Articles wherof he was ●o arrested under a certain paine and forme comprised in a Schedule annexed And under such surety the Marshall of England let him go at liberty Ibidem N. 31. ITem Will●am Ellis of great Jermouth is impeached and accused in this present Parliament in divers manners first viz. by the surmise of the Commons made to him that the said William whilest he was Farmer to our Lord the King of his pety Customes in the Port of great Jermouth and Deputy of Richard Lions Farmour of the Subsidies of 6 d. the pound granted by our Lord the King of all Marchandizes passing out of the Kingdome and entring in the same for the safeguard of the Sea and of the Marchants passing by Sea and of their Marchandize he did take by him and his servants as well English as of Strangers in the said Ports and members thereof by way of extortion by colour of his said Offices many great summes of money and otherwise that he ought not to have done in great prejudice slaunder of the King and dammage of the said Realme and to the oppression and wrong of the Marchants aforesaid And the said William Ellis present in Parliament saith that true it is that he is one of the Farmours of the said pety Customes of the Marchants passing and comming saving the purport of the Commissions thereof made without that that he tooke the same or caused any thing to be taken by extortion more than was clearely due to the King and that hee was ready to prove to the King by whatsoever way way hee ought to do and the Commons replying said that the said William confessed to them in the Common assembly in the Chapter house within the Abbey of Westminster the day before that he had received the said 33 l. prayed that against his owne ackowledgement so openly and before so many persons he might not at other times be received to say the contrary And therupon the said Commons brought in Parliament John Botild Willi Cooper of Leiwstoft and two others that affirmed they had payed to the said William Ellis by the said Marchan● of Scotland the said 3● l. for full Inform●tio● of the matter aforesaid which John and William Cooper being thereof examined in Pa●liament acknowledged that t●ey were obliged to our Lord the King and to the said William Ellis by their obligations or letters obligatory in the said 33 pounds together with the said Scot which was their hoast and payed at a certaine day for the said Subsidy of 6 d. the pound due of all the marchandizes in the said ship and the truth was that the said Scot discharged nothing of all the matters aforesaid at the day of payment but that they payed to the said William Ellis the 33 l. and therupon the said Commons prayed Iudgment upon the same said William Ellis who said that although that he had received the said 33 pounds of John Botild and of the other aforesaid be received it not but as supposing the same a gift and that without c●ndition and that as often as concerning the ●ame hee should have a Writ or other Commandement of our Lord the King he would make deliverance thereof which otherwise he would not do voluntarily Item afterwards the said John Botild and William Cooper did put in the Bils in form which followeth To our Thrice doughty Lord the King and to his Sage Councell Sheweth John Botild of Lewistoft that the munday next after the Ascension of our Lord in the yeare of the raigne of our Lord the King that now is the nine and fortieth that there was chased by tempest in Kirke la Rode one Cockboat of Gotham in Pruse whereof the Masters name was Henry Luce charged with divers Marchandizes of the Marchants of Pruse that is ●o say Freeze and other marchandizes And the same day William Savage Clerke and servant to Wil. Ellis by commandement of the said William Ellis tooke of the said Cockboat for the marchandizes neither discharged the same from paying custome then 17 nobles and a last of leather the price of the last 10 pounds 16 s. at Lewistoft before the boat went out of Kirke la Rode to the great danger of the said Marchants And because that the said William Ellis knew that Wil. Cooper would come to this Parliament and shew this grievance others in aid of the Marchants and also set forth how the great Charter Huc Ang. might be amended in aid of the whole Realm the said Wil. by his false suggestion caused the said Wil. Cooper to be arrested and cast in prison for the space of 3 weeks May it please our thrice doubty L. the King his sage Councell to make remedy thereof in worke of charity Which Billes passed in absence of the said Wil. Ellis he saith that as to the said 17 nobles and skins called leather he could not sweare for him nor for any of the said Marchants of Pruse nor other whatsoever and the said John Botild and Wil. Cooper affirming the contrary at last it was said by the Lords in Parliament that those Billes touching the entry of the leather were now in the Kings Bench for Triall And as to the said Imprisonment the said William Ellis saith for that he was warned in cōming to London by many sufficient persons that the said John Wil. Cooper with 36 other persons of Lewist did lie in wait for the person of the said Wil. Ellis at Wickham market in Suffolke and going there in the high way of Gerneith from London at such time as the said W. was going towards London carrying with him a great summ of the K. money of the Customes Subsidies aforesaid and for that the said W. Ellis is awarded to prison to make fine ransom to our said L. the K. it is awarded to either of the said Iohn and William Cooper twentie pounds for their dammages and dispences during their said Imprisonment had and suffered Also it is awarded that the said Commissions be made to sufficient Gentlemen to enquire
of William Ellis and of all others Deputies of the said Richard Lyons throughout the Realme Parl. Anno 1. R. 2. n. 32. 33. ITem William Fitz-Hugh Goldsmith of London preferred his bill in Parliament in form as followeth To our thrice excellent thrice noble Lord the K. and to his thrice Honourable and thrice sage Councell shewen the poore Commons of the mysterie and company of Goldsmiths in the City of London that Iohn Chichester Iohn Botesham and many other Gentlemen and ric● 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 s●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 s●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 b●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 Goldsmi●hs of London came i● Parliament and havi●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 af●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 ●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 h●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 w●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 t● 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 ●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 Ipr● then Steward of the said King Edward William Street then controller of his house Allen Buxall
That the King would declare the certainty of it But the answer of it is on●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 Parliamēt 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 B●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 Plaintiff●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 swear● 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 Jo●n de Hastings John Fitz Raynold Roger de Mortimer Theobald of Weldon John Troger and ●efferey of Camvill to whom dictum est as the Ro● saith ex parte Regis quod pro statu ●ure Regis pro conservatione dignitatis Coron● 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