The privileges 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 the Parliament rolls, and journals, Patent, and close Rolls; the crown Rolls, the proceedings of the English Courts at Westminster, the Register of the Archbishop of Canterbury, and the Delegates yeare-Bookes, of the Common Law, Statutes & other good Authorities, and in such sort that frequently the words of the chiefest Testimonies are transcribed, lest the freedom of the Readers judgement might be other ways prevented by short Collections. The recitals of the French Records in the 4th, Chap. also newly translated into English for the benefit of others, as well as the Students of the laws of England. Quo communius eo magis bonum quod est justum. LONDON, Printed by T. Badger for Matthew Wallbanck, and are to be sold at his shop at grays-inn Gate. 1642. The Introduction by way of Table or Index to the Chapters following contained in this Treatise. privileges are special Rights belonging to the Baronage of England. In which name are com●rehended all those, who as Magnati & proceres regni by common right are summoned to every Parliament wherein also they have place and voice as incident to their Dignities, and what things do concern them e●ther as they are one Estate together in the upper House, or as every one of them is privately a single Baron. As for the prelacy who had heretofore the first place in the summons, viz. Praelati, magnates &c. they have now lost all their privileges o● sitting in Parliament, and of bearing of any secular Offices in the kingdom, they are disabled by act of this present Parliament, 17. Car. 1641. For privileges of the first kind. CHAP. TEstimonies are hereby collected touching. CHAP. 1. Their proxies and making of proxies 1 CHAP. 2. Their proceedings in Suits as well for followers as for themselves during the Parliament. 7. CHAP. 3. That none of them be subject to be questioned before the lower House only. 9 CHAP. 4. Their Jurisdi●●ion in matters of offences as well capital, as not capital. Errors out of the Kings Bench. 10 CHAP. 5. Their passing of Bills and giving of judgements heretofore without any assent of spiritual Lords. 120 CHAP. 6. Their appointing of judges out of themselves for examination of delays of judgements in other Courts. 127 CHAP. 7. Their tenants of ancient tenancies, bring discharged of paying the charges of Knights of the shire. 129 For privileges of the second kind, of which also some are communicated to Baronesses. The heads of the Collections are, CHAP. 1. FIrst touching oaths and Protestationt upon Honour. 131 CHAP. 2 Trial by peers. 142 CHAP. 3 Scandala magnatum. 155 CHAP. 4. Process against them in English Courts Proceedings by Bill and answer. id. CHAP. 5. Their number of chaplains is qualified. 158 CHAP. 6. Their retaining of strangers. 159 CHAP. 7. Clergy without reading. id. CHAP. 8. Their liberty of hunting in the King's forests. 161 CHAP. 9 Amerciaments of them. id. CHAP. 10. No process in a civil account to be awarded against the body of a Baron. 163 CHAP. 11. A Knight to be returned upon every panel where a Baron is party. 16 CHAP. 12. No day of grace against a Baro● of Parliament. ib. CHAP. 13. Making Deputies of places of Trust committed to them without words of the special power. 167 BEsides these, they have some Rights which are so commonly known, that there needs no particular mention of them; as their interest in making, or repealing of laws, or the like, and divers others may perhaps be found, which have not been oblivious in the late search made for them: but of these particulars before mentioned, according to the order in which they are described, such store as are here collected do follow. First, of the special RIGHTS, WHICH concern them, as they are one estate in the upper House of Parliament. CHAP. I. Of Proxies of the Lords of Parliament. Upon the summons of the Parliament, licence of absence being obtained, and the same licence as usually it being provided that a proxy be made, the Baron so licenced may appear only by that proxy, to whom his voice is so committed, although his Writ be Quod personaliter inter●it, and so also without licence upon sickness or such inevitable cause of absence. The first mention of Proxies that occurs in the memories of our Parliaments, is of Carlisle under Edward the first, where the words are, Quia omnes Praelati, Milites, & alij de communitate Regni, tunc plenariè non venerunt receptis quibusdam procurationibus Praelatorum, qui venire non poterant adjornantur omn●s qui summoniti sunt ad Parliamentum, usqué ad diem Mercurij proximum sequentem ad horam primam. And in a Parliament held at Westminster under Edwa●d the second; the Bi●hops of of Durham, and Carlisle remaining upon the defence of the marches of Scotland, were severally commanded to stay there; And in the Writ this clause was ordered to both of them. Sed procuratorem vestrum sufficientèr instructum ad dictos diem, & locum mittatis ad consentiendum quod tunc ibidem per dictos praelatos & proceres contigerit ordinari. And the like Testimonies are afterwards under the same King for allowance, and making of proxies by the name of procuratores sufficientes. And in succeeding times the Testimonies of them down to this day are most frequent. But two things are most especially observable touching them. (1.) THat although the general proxies were admitted, yet when the nature of the parliamentary business required more speedy and full advice, a clause was inserted into the summons to premonish the Baron summoned, that his proxy should not be admitted unless he were compelled to absent himself by most inevitable necessity. So was it in the Writs of summons under Edward the third to the Parliament, held for advice touching the voyage of the King of France, into the holy Land, every Baron having these words in his Writ. Scientes pro certo quod nisi evidens, & manifestus id exposcat non intendimus procuratores seu excusatores pro vobis admittere, ea vice propter arduitatem negotiorum praedictorum. And likewise under Richard the second, the summons to the Archbishop of Canterbury, and the rest had these words. Et 〈◊〉 nullatonus amittatis ●ne quid absit per vestram absentiam quàm necessitate infirmitate tunc ●etenti fueritis quòd aliqualiter illuc laborare non poteritis nullo modo excusatum habere volumus, ista vice expeditio ne potior nostr●rum praedictorum retardetur, seu aliqual●ter deferatur. And divers other Exam●l●s are for personal appearance▪ and exc●uding Proxies. (2.) That the course of the elder time was: not that Barons only were made Proxies in the upper House as at this day but other men also of low condition, and this hath been very frequently in the case of Bishops, and parliamentary Abbots and ●riors, who gave their letters usually to Parsons, Prebendaries, Canonists, and such like. In that Parliament of Carlisle under Edward the first, the Bishop of Exeter sent to the Parliament, Henry de Pynkney parson of Houghton as his proxy. 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. year of Richard the second, the Bishop of Norwich made Richard Corqueanx being than Deane of the Arches, Thomas Hederset Archdeacon of Sudbury, and John Thorpe parson of Epingham, his Proxies by the name of Procuratores sive nuntij. And in the same time the Bishop of Durham's proxies were John of Burton Canon of Bewdley, and Master of the Rolls, and John 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 spiritual 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 Archbishop of York gives the proxy to the Bishop of Durham; and to two other clerks of his Province. And it is observable that in the making of proxies by the whole number of Bishops in case of Attainders upon appeal, their course was sometime to make a Gentleman beneath the degree of a Baron, their proxy as under Richard the second, first they made their proxy for assenting in the Parliament, but afterwards the Earl of Wiltshire had that place in the same Parliament. But this of making others than Barons of Parliament, proxies is carefully found in the cases of the Lords spiritual. One special case of it is under Henry the fift, in that of Thomas de la Ware, who being a clergy man had his Barony descended unto him, and is styled in the summons always Magister Thomas de la Ware, and not Dominus, he gave his Letters to, John Frank and Richard Hulme clerks but the proxy Rolls for the temporal Lords are for the most part lost. The following Times especially ever since the first memory extant of the journals of the upper House; U. 8▪ which began the first of Henry the eight, have kept a constant course of making parliamentary Barons only proxies. And it appeareth in those journals that one two or three are joined conjunctim, & divisim; and most commonly temporal Lords have given their proxies to temporal and spiritual men: yet not without a temporal Lord's giving his letters of proxy to a spiritual, and temporal Lord together. And under Queen Mary, Francis Earl of Shrewsbury made Anthony Viscount Montague, and Thomas Bishop of Ely his proxies. And in the beginning of Queen Mary Stephen Gardiner Bishop of Winchester was joined in letters of proxy sometimes with a temporal Lord. But the Lords spiritual have so much mistataken (of late) the laws of this kingdom, the King's prerogative given by the Law, and what and whence was the original of the Honours, they themselves had obtained: and have been ready to enlarge the Dominions of Antichrist, and to induce an arbitrary government by their writings, and other apparent practices, in so much as now they have lost both privilege and Vote in Parliament. CHAP. II. privileges in suits as well for their follows as for themselves during the Parliament. IN a Bill exhibited under Henry the fourth, is showed that the Lords Knights &c. and their men, and servants &c. should not be arrested or otherwise imprisoned by the custom of the realm, and it is prayed that if any be the parties offending may make fine and ransom, and give damages &c. Hereunto the Answer is, there is sufficient remedy in the case. In the beginning of Queen Elizabeth's reign, John Broxham being plaintiff, in an assize in the County of Lincoln against the Lord Willoughby, it was ordained, that an Injunction should go out of the Chancery Subpaena 500 l. That the plaintiff should not proceed to trial. To this head may be referred that case of the Lord Cromwell, Dyer. Parl. 14 Eliz. Dyer par. ●9. & 43. Eliz. & l. ●ac. &c. cited in the Title of process against them in English Courts, & in the journals of Queen Elizabeth, King James, and our present sovereign, the Testimonies of these privileges for the servants of every Baron of Parliament are most frequent. Hereunto may be added that of the first citation out of an ecclesiastical Court against the Earl of Cornwall, Rot. Parl. 18. E. 1. Rot. 2. Dor●o: which was served upon him in Westminster Hall, as he was going to the Parliament at the suit of Bago d● Clare, and the Prior of Saint Trinity in London, for the Earl sued them for the contempt, and recovered 1000 Marks damages. And in the same Parliament the Master of the Temple petitioneth that he might distrain for rent in a house in London, which it seems the Bishop of Saint David's 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 peer 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, 2 Mareli in Dye● parl ● 15. Hen: 8: 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 remembering the upper House of their privileges, 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 Bristol had written the book of union, which was conceived to be derogatory to the honour of both Houses, yet he was complained of only in the upper House, and that so he might be, and not before the lower House alone, it was acknowledged in the message delivered from the lower House touching him. The like is the privilege of the Bishops complained of in this present Parliament, 1641. CHAP. IV. The jurisdiction of the Lords of Parliament in matters of offences, as well capital as not capital, and in errors out of the King's bench. THe power of judicature belonging to the Lords of Parliament, is chiefly seen in their jurisdiction upon Writs of error, and their judgements of Offences, as well capital as not capital, which they give to any public mischief in State. Of these judgements of such Offences many examples are of former times in the Records of Parliament, See 3. E. 3. fol. 9 Scroop. and out of them are here selected, some such as most of all conduce to the opening of the course of Accusation, the form of the Defendants, answering the usual ways of trial, and other Incidents in their various kinds of judgements, which are found arbitrary in cases not capital: so that they extend not to the life or inheritance, and in capital offences so Arbitrary, that the form of the death inflicted sometimes varied from the ordinary course used in the common Law for such offences. Under the first Head these cases of 1. John Matravers 2. Borges of Bayons 3. John Deverill 4. Thomas Gourney 5. William of Ocle. 6. John of Gomeniz, and 7. William of Weston. All condemned to death for Treason, and all to be drawn, and hanged saving Gomeniz, who was judged to be beheaded, because he was a Banneret, and had served the King in his wars. Under the second Head are these cases of 1. John at Lee Steward of the household. 2. Richard Lions. 3. William Lord Latimer. 4. William Ellis. 5. Chichester and Botesham. 6. Alice Pierce. 7. Cavendish against Sir Mich. de la Poole chancellor of England. 8. The Earl of Northumberland. For Writs of error their power, and course in them may be seen, some special examples which are expressed, whereunto is added that of Thorpe being Speaker of the Lower House, under Henry the sixt which specially shows the power of judicature in the Lords, although otherwise it taste too much of what is wholly against the privileges of every member of the Parliament at this day. Ex rot. Parliamenti 4. E. 3. mem. 3. num. 3. Witness the peers, Earls and Barons assembled in this Parliament, at Westminster, that it is openly assented and agreed, that John Matravers is guilty of the death of Edmund Earl of Kent, the uncle of our Lord the King that now is, as he that principally, traitorously and falsely compassed the death of the said Earl, so that the said John did know of the death of King Edward our Father, when the said John by heinous manner, and by his false and wicked deeds conspiring with the son of the said Earl against the life of the King, which he did actually commit, for which the said peers of the Land and judges of the Parliament, adjudge and award that the said John be drawn, hanged and quartered as a Traitor, in what part of the kingdom soever he be found, and the said peers do pray our Lord the King, that he will command that a writ be made to make search and enquiry throughout the realm, and that he that can take the said John alive, and bring him to the King shall have a hundred marks, and if in case he cannot be taken alive, he that brings his head shall have fifty pounds of the King's gift. Moreover to have such judgement, Rot. parl. 4, E. 3. m. 7. Boges of Bovons, John Deverell. it is agreed, that it be put in execution of Boges de Boyons, and John Deverell for the cause aforementioned, and that he that can take the said Boges alive, and bring him to the King shall have a hundred pounds, and he which brings the head of the said John shall have forty pounds of the King's gift. Item it is assented and agreed, Thomas Gournev, William of Ocle. that Thomas Gourney and William of Ocle, shall have such judgement for the death of King Edward (Father of our Lord the King that now is) who falsely and traitorously murdered him; and who can apprehend the said Thomas, and take him alive shall have a hundred pound, and he that can bring the head of him a hundred marks; likewise he that can take the said William alive shall have a hundred marks, and he that brings the head of him (if in case he cannot be taken alive) shall have forty pound of the King's gift. Rot. Parliamen. 4. R. 2. M. 5. in Schedula annexa. THis Schedule the Commons made and caused to be brought in Parliament, praying the Lords to ratify the same, and to put in execution; in that schedule amongst divers others, this Article occurs. Item that all those which have lost, or rendered when necessity required not, Castle town, or fortress to the dishonour of our Lord the King, the Lords and Commons in this present Parliament, being every of them attainted of such fault, shall be punished according to their desert without partiality, for to avoid the evil example which they have given to all others. Then afterwards follows an Accusation and a judgement upon an offence of that nature. ITEM where the Supplication is by the Commons, that all those which have rendered and lost Castle or towns, lost by the very default of captains may be put to their answer at this Parliament, and according to their desert throughly punished by the award of the Lords and Baronage, avoiding the evil example which they have given to others, and that Allen Buxall (Constable of the Tower of London) shall cause to come before the Lords of Parliament at Westminster, on friday the 27. day of November in the year afore mentioned, John Lord of Gomeniz, and William of Weston imprisoned and detained in the said Tower at the commandment of our Lord the King, John of Gomeniz. William of Weston. because they have rendered and lost faithful Castles and towns of our Lord the King, for to answer upon the Articles which there shall be preferred for the said cause, on the behalf of our Lord the King. At which day being friday, the said John and William were brought by the said Constable of the Tower before the Lords aforesaid, sitting in full Parliament in the great chamber; They were severally put to answer at the commandment of the said Lords, by sir Richard Scroop Knight, (Steward of the household of our Lord the King) in manner as followeth. William of Weston, you have taken upon you to the thrice powerful Prince, whom God have in his keeping, Lord Edward late King of England (Uncle of our Lord, the King that now is) surely to keep to him, and his heirs Kings of England: the Castle of Barwick without surrendering the same to any but him; or his said Heirs, have you William who were a liege man of our Lord the King that now is (true heir of the late King Edward) delivered and surrendered the said Castle to the Enemies of our Lord the King, without his commandment in dishonour of him, and his crown, and of the Estate of his realm of England, against your leigeance and undertakings: whereupon he put his answer in writing, having a Schedule containing the Tenor of many things, and came and read the said Schedule in full Parliament, upon which the Law was demanded by the said Steward, if the said Schedule should be taken for his final answer in that behalf or not. And thereupon the said William prayeth that the said Schedule may be redelivered to him, and there he putteth in his final answer, and after the said William put in to the said Schedule an Addition in full Parliament for final in that behalf: The Tenor of which Schedule is such as followeth. To the most sage council, of our Lord the King, and to the other Nobles and Commons of Parliament. WIlliam of Weston beseecheth, The same Petition is in the roll of petitions, of the first of R. 2. It & ultimo. and shows that he is accused maliciously, to have rendered the Castle of Barwick, which he had in keeping upon the Trust and assignment of our Lord the King: may it please your just and learned discretion, to have the said William excused for the causes which follow. First, may it please you to remember how that the said William was lately warned by a spy, that a very great power of Enemies came against him, for to besiege the said Castle, and to batter the same with great Ordinance, whereupon the said William forthwith by his attorney, and by his Letters requested the council, that they would please to fo●tifie the said Castle with more Gentlemen, for the defence and safeguard the●of, having regard that the garrison of the said C●stle was not sufficient for half the multitude of so great force, to make resistance in so large a place: but in the end for that he could have no succour of the said council, and likewise (the said William being not in default was left without sufficient soldiers of a long time, whereby to keep and defend the said Castle, whereof he beseecheth you that you will take just, and benign consideration. Likewise may it please you to take notice by the privy Scout of war, that there came the enemy's power of arms, and seven hundred fighting men, with 6000. of the common soldiers of the Land, having nine great Cannons, a great Engine, and a Trebutchet big above measure, which they carried in their marches, that thereby presently a great part of their Gentlemen of arms, & soldiers aforesaid came before the Gates of the said Castle, to assault it, and there was a Knight of theirs killed, which was cozen to the Lord of Chiffin, insomuch that officers and many others also were there slain: and in a short time after they began to plant their Cannons, and Engines, and so continuing from day to day their assault (that is to say) Tuesday, Wednesday, and Thursday, and the walls then of the houses and of the said Castle were broken, and divided in many places, and they had by force filled the ditches of the said Castle in three places, if possible to make way for them to issue, and there came upon the said works a a great part of them, and they by force had broke and spoiled many of our bars, and the morrow after which was Friday, they came at the break of day with all their strong men to assail the said Castle, but by the help of God they were not yet conquerors by force of their Assault. And of our side and of their side there appeared great death and losses, and the same day the marshal of Burgoyny treated with the said William and others, to render the said Castle: Wherefore and in consideration, that the said Castle could not hold out for the smallness of the number of Gentlemen there, and for that the walls in many places were beaten down by their marvelous Ordnance, there was a treaty with the Lords, to the end that the said William with his companions, might know what to do the next morning, whether to stay or depart from thence. Likewise the same night the Enemies had brought all their Ordinance, their Engines Trebutchet and Cannons, upon carriages drawn by Horses to the foot of the ditch of the said Castle, and the next morning which was Saturday, they put themselves all in Order to assault the place, and then first of all they sent a Herald to the said William, to know if the same Castle should be rendered or not, whereupon the said William by advice of the graver sort of his companions, having consideration how the said place was destroyed by their Ordinances, and also that there were few Gentlemen left for the defence, and that twelve of their companions were at that time dead, and that many being wounded and sick, he could not renew the Gentlemen of the Garrison, and that for safety to defend themselves, there being only but thirty eight, and by common assent the said Castle which he could hold out no longer, was by force rendered for safety of the lives of the men. That all these things aforesaid are true, the said William putteth himself upon trial according to your discreet Ordinances. Item, it is to be remembered that when the said Castle was rendered (as aforesaid) certain Gentlemen of France did bargain with the said William for his victuals, and bought the same tog●ther with certain persons, which the said William held within the said Castle in Prison, for which things he received of them 1000 and 500 Franks, whereof he paid to his companions for part of their wages which then was behind, three quarters of a year, 678. Franks. Item, he paid at Calais for victuals of the said Castle before that time due 1442. Franks. Item for the passage of the said William, and for his expenses being at Calais 135. Franks. And therefore the said William beseecheth that you have regard to justice and bounty, how that he by envious suggestion hath been against all reason accused thereof concerning his estate and name, for which offence he hath seized and stayed some of the cattles of his Adversaries, and that you have consideration how that he hath paid his companions out of his proper goods for their wages, and that you will be pleased for God's sake and piety also to ordain for him, that by your discreet nobleness, he may recover his Estate and goods. Item the said William Weston showeth how the first day, when the Enemies came before Ardee he fled thence to the Army at Calais, to the captain there, to pray of him more succour and aid of men to guard the Castle of Barwick, and to defend if the Enemies had assaulted, and the captain answered him briefly, that he would not deliver nor lend succour, nor aid at that time, for that he doubted himself the Enemies would come before the town of Calais. And the Lord Steward came and read the said schedule in Parliament. John Lord of Gomeniz, you have undertaken to the thrice powerful Prince, whom God preserve, Lord Edward late King of England uncle of our Lord the King that now is, safely to keep to him and his heirs Kings of England, the town and Castle of Ardee without surrendering the same to any, but to the said King and his heirs, or by the commandment of him and his heirs. Have you (Lord of Gomeniz) in time of our Lord the King surrendered the same without his commandment, to the detriment of him and ●is crown, and of the Estate of his realm of England agai●st your undertaking aforesai●? what say you to it? whereupon the said John answereth, that the said town and C●stle of Ardee was so feeble, that he could not well keep it against so great power of the Enemies, which were ready to assail the said town and Castle, and therefore he went forth to entreat with the E●●mies, that he might save the liege men of our Lord the King being within that town and Castle of Ardee, without that that he at any time took any thing for the surrender of the said town and Castle of Ardee. Whereupon one Geoffrey of Argentine Knight, said in full Parliament to the said John, that he the said Geoffrey was at that time in the said Town and Company with the said John, and that the Town and Castle of Ardee were not at any time delivered by his assent, but that he was ready to stay & come upon the safe guard thereof, and this the said Geoffrey affirmed. And moreover it was demanded of the said John if he had any other thing to say? and he answered no: whereupon the Constable was charged with the safe keeping of the said John and William, until the morning of the next day; and then to bring them again safely before the said Lords in the said Parliame●t at the place and day afo●esaid. At which day (that is to say) the eight and twentieth day of November, in the year aforesaid, w●re the said John and William brought again in full Parliament, and there it was showed severally by the s●id Steward at the same day, by commandment of the Lords aforesaid, how upon the Answers which the said John and William have given in the said Parliament, (as before mentioned) to the Lords of the said Parliament, viz. the King of Castille and of Leon, and the Duke of Lancaster; Edmond Earl of March, Richard Earl of Arundel: Thomas Earl of Warwick, Hugh Earl of Stafford, William Earl of Suffolk, William Earl of Salislbury, Henry Earl of Northumberland, John Lord Nevil, Roger Lord Clifford; and many other Lords, Barons, and baronets' being assembled in the said Parliament, to advise at the time when the said Answers were given in Parliament, the Friday Even at the howe● of three a clock, of the matters touching the answers aforesaid, and viewing and examining diligently the said Answers, and other Articles concerning that business. And upon good and mature deliberation and Information, given of the most valiant and discreet Knights, and òthers being in the said Parliament, it was said in manner as followeth, to the said William by the Steward reciting the things aforesaid, touching the said William. It seemed to the Lords aforesaid, that you William without ●uresse or default of victuals, have wickedly delivered, and surrendered to the Enemies of our Lord the King for your own lucre, contrary to all plea of right or reason, and against your liegeance and undertaking according to an Information in such case: which me●tioneth whereas the late Baron of Graystock, who was a Lord and one of the peers of the realm, had taken upon him safely to keep to the aforesaid King, the town of Barwick: presently after the said King prepared himself to travel to the kingdom of Francè; the said Baron without the King's commandment, left the said town of Barwick, and a valiant Esquire Robert Ogle as lieutenant of the said Baron, who safely should keep the said Town of Berwick to the King. And the said Baron went a● a horseman to the parts of France to the said King, and there stayed in his company, surmizing that an assault of war was made at the said town of Barwick by the Scots. And the said Robert as lieutenant of the said Baron, defended forcibly there, and at last by their assaults the said town was taken, and the s●id Robert and two of the sons of the said Robert were slain, he being in the company of the King in the parts of France: And it was said that it was adjudged by the advice of the said King in the parts of France; & the said Dukes, Nobles, and Earls t●g●ther with Henry Duke of Lancaster, the Earls of Northumberland, and Stafford, and Sir Walter Maney, that the s●id town was lost in default of the said Baron. And for that cause he had judgement of life and member, and that he ought to forfeit all that he had, and judgement was rendered in these words by the commandment of the King, which things also considered, for that you William have surrendered the Castle of Barwick to the Enemies of our Lord the King aforesaid; without duresse or default of victual against your allegiance, and undertaking aforesaid, the Lords aforenamed sitting in full Parliament adjudge you to death, and that you be drawn and hanged, but for that that our Lord the King is not yet informed of the manner of this judgement, the execution thereof shall be put in writing until the King be informed: wherefore it is commanded to the said Constable safely to keep the said William, until he hath other commandment from our Lord the King. And as touching the said John Lord of Gomeniz touching the Answers aforesaid. It was showed there by the said Steward, how the said Lords were assembled, and advised of the said Answers as before said. Moreover it was showed how that at the time, that Sir Ralph Ferrars Knight had the keeping of the town and Castle of Ardee, the said town was not so strong by the one half, as it was at the time when the said John surrendered the same, and the said Ralph did put himself in peril for the safeguard thereof, and forthwith the said Ralph did hold, and forcibly defend the same against a very great and forcible assault, and other evidences concerning the said John in this behalf were delivered, (as followeth) to the said John being in Parliament, by the said Steward, reciting all the matters aforesaid touching the forementioned judgement of the said Baron and the cause thereof in manner as before, it seemeth to the Lords before named sitting in full Parliament, considering your answers in this behalf, and your examinations, and Informations therein, that lately amongst the number of Gentlemen, by whom you have strongly undertaken safely to keep the said town and Castle with twenti● men of arms, and twenty Archers you were sent to the said town and Castle of Ardee in the Afforcement thereof, according to your requ●st thereof made to certain Lords, being sent in message to Calais under our late King Edward, and at such time also as you were advised by the King of Castille, that if you could not wel● keep it, you ought in no sort to take upon you to keep the same, and there were that would have undertaken the safe keeping thereof to the said King Edward and his heirs, and you have undertaken safely to guard the same with no surrender to any, but in manner as aforesaid, and now have you John, without duresse or default of victuals or of Artillery, or of other things necessary for the defence of the said towns and Castles of Ardee. without commandment of our Lord the King, wickedly delivered and surrendered it to the Enemies of our Lord the King, by your own default against all plea of right or reason; and against your undertaking aforesaid, The Lords aforesaid in full Parliament adjudge you to death; and for that you were a Gentlemen & Banneret, and have served the late King Edward in his wars, and have not proved a liege man to our Lord the King, you shall be beheaded without having other justice. And for that also our Lord the King is not yet informed of the manner of this judgement, the execution thereof shall be respited until our Lord the King shall be informed thereof, where it is commanded to the aforesaid Constable safely to keep the said John, until he hath other commandment from our Lord the King. And it is to be remembered that Geoffrey Martin clerk of the crown, 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 council showeth 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 manor of Dentish, and devilish, in the said County being in his hands, by the minority of Robert son and heir of Robert Latimer Knight, John Lee Steward of the household together with the marriage of the said Robert the son, being then of the Age of six years for a certain sum of money to him paid: which Estate the said William Latimer hath held, until Master John Lee then Steward, by procurement of Thomas Delaber, sent one Richard Inworth sergeant at arms 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 John the Baptist, in the year of our Lord the King that now is the nine and thirtieth, and the said sergeant also performed the same, and the said Master John Lee did charge, and command the said William in the King's name, that he should not go out of Town upon pain of a hundred marks, until he had surrendered the body of the said heir, contrary to the patent of the King, to the said Mr. John Lee, and outed the said William of his Charter, and moreover made a deed of release, whereupon the said Master John Lee comma●●●● to hold all the Lands, and Tenements aforesaid, until the Feast of St. Michael then next ensuing, for a certain sum of money, and then the said Master John Lee leased to the said William, the Wardship of the said manor of devilish rendering forty pounds per annum, whereof he was seized 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 mischief, grievous damages and losses, to the great wrong of his simple estate, whereof he prayeth remedy. To the points of which Petition the said John Lee answereth, and saith, that because that the manors, Lands, and T●nements of Inheritance there comprised in the said Petition, were wickedly extended by the Escheator, and leased out of the King's hand at too small a value, to the great damage and deceit of the King, he caused the same manors, Lands and Tenements, to be resumed into the King's hands, the Wardship of which manors, and the marriage of which said heir the King had committed to him. And likewise the said John Lee was put to answer before the Lords, of the affairs in such time as he was Steward of the King's household, for that he had attaiched divers Gentlemen by their Bodies, some by sergeants of arms, and some by other ways; as William Latimer and others, and caused them to come before himself, as before the counsel of the King in places where pleased him, out of any of the King's accustomed places, to answer to divers things, whereof the recognisances ought to appertain 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 John 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 own Authority, without commandment of the King or his council. It was likewise debated, that Hugh Lavenham had appealed certain Gentlemen of Felony, and that before the King's justices 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 appealee of murder was let go at large, by commandment of the said John Lee against the Law, and command of the justices, and that he took the said Hugh by his own Authority and let him go at large, and some that were not appeallees in roll of the crown, at the suggestion of the said Hugh were taken and imprisoned, as if they had been appeallees. It was also affirmed that whereas the said John Lee was sworn to the King, and his council; he did bargain with Master Nicholas Louvain, concerning the Wardship of the manor of Reinham in Kent, being then in the hand of the said Nicholas by the under age of the son, and heir of John Stanton as appeared by certain evidences, as well by letters Patents under the King's Great seal, as others which the said John had in his keeping, that very plainly, the said manor was holden of our Lord the King in chief, as of his Castle of Dover and Fort, that the Wardship thereof appertained to the King, to the great damage and deceit of the King against his Oath. Of which points and articles, he cannot duly and suffici●ntly excuse himself by the Law, and therefore was the said John commanded to the Tower of London, and there to stay as a prisoner, till he had made fine and ransom 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, Earls, and Barons, and afterwards by the commandment of the King, the said John was caused to come guarded from the Tower to Westminster, before the Great council, 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 manors, Lan●s and Tenements of the said heir, until the Age of the said heir together with the marriage of the said heir; and as entirely he would render it into the King's hands And then before the said council it was agreed and assented by them: That the said manors, Lands and Tenements, and the body of the heir aforesaid ought to be released in the King's hand, and delivered to the said William Latimer, to hold as he held of the said Bishop until the full Age of the said heir, doing to the King in manner as it was before the said John 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 Bishop of the same Ward, and marriage made to the said William; and surrendered to the said John by the said William by durity and menaces, be fully restored to the said William, and that the Enrolment of the release to the said John by the said William of the same Ward, and marriage, also by durity and threatening made as by the said William in the Exchequer, be canceled void and holden for nought for ever, saving all times to the King his right in time to come. Ex. Rot. Parl. 50. E. 3. mem. 2. num. 17. FIrst, the said Richard Lions Merchant of London, was impeached and accus●d by the said Commons, of many deceits, (extortions, and other evil deeds committed by him, against our Lord the King, and his people, as well in the time that he had been belonging to the House and council of the King as otherwise, during the time that he was Farmor of the Subsedies, and customs of the King. And more especially for that the said Richard by Covin had between him, and some of the privy council of our Lord the King for their singular profit, and advantage, had procured and gotten many Patents, and Writs of Licence to be made to carry great faith and credit. whereby Skins, wools, and other merchandises were transported other where then to the Stap●e of Calais, against the Ordinances an● defences made in that behalf, concerning the same before time in Parliament. And for that he had imposed and procured to be put upon Wools, Skins, Leather, and other Merchandises, certain new Impositions without assent of Parliament, and those Impositions and Taxes without permission of the King, or of the High Treasurer of the realm, having not medlage therewith, and it was said how he uncertainly took ten shillings in one parcel: and twelve pence in another parcel of every sack, &c. which mounted to a very great sum throughout all the time that he had been receiver, or Treasurer: and likewise of another new imposition of four pence by him made, and put upon every pound of money upon the Lombards, and other Merchants for a discharge by his own proper Authority, and without warrant and assent in Parliament, or otherwise, and the same imposition of four pence the pound, contrary to piety collected and kept as to the use of our Lord the King, whereof he paid nothing. And also of divers loans made to the use of the King without cause necessary, and more especially of one loan which he newly had at London, of twenty thousand marks, where our Lord the King was bound to pay 30000. marks, and that by the counsel of the said Richard, and others in the King's Court, who have covenanted with the receivers to have part of the gain, and to be parties secretly to the said loan: the said Richard taketh the said money, and afterwards gaineth by way of usury of the King his Lord, (of whose council he was before) a great quantity of money in great damage and deceit to the King, and also many other extortions thro●ghout the realm, and so demeaned himself against his council, Treasurer and receiver, concerning the new impositions as otherwise, taking upon him in all the said matters the royal Power which was horrible to rehearse. And also for that our Lord the King had been debtor of Record to divers Gentlemen, of many great sums of money; so had the said Richard by the assent of other privy complices in the King's Court, of the said Covin, caused many such accounts to be bargained, and compounded sometimes for the tenth penny, and sometimes for the twentieth, or a hundreth penny, and hath procured the King to pay the debts entire, and so by such his subtleties, and for his singular profits as well our Lord the King as the said debts, are wickedly abused: and more especially the Prior of Saint John of Jerusalem in England, to whom the King was debtor of a certain sum, and the said Richard hath had twenty four Marks thereof for Broakage, to cause the said Prior to have payment of the remnant: and another time of the Lord Steward to whom the King was also a debtor, and the said Richard hath had of him by the same manner another great, sum of money, and so of many others in great deceit, slander, and villainy to the King and his Court. Whereunto the said Richard present in Parliament, saith, that as to all the said Loane made to the King of the twenty marks aforesaid, he is altogether without other fault, and further saith, that he at no time had profit or gain, nor took any thing at all of the Loane aforesaid nor of the said money, nor in other things, and that he was ready to prove by all ways reasonable when they would demand of him: and as to the said Impositions of ten shillings and twelve pence the sack of wool, &c. & 4. pence the pound of money, he could not clearly excuse himself that he had not so levied and collected and thereof taken money his part, that is to say, 12. pence of every sack of wool, &c. but that was (He said) at the commandment of our Lord the King, & at the prayer and assent of the Merchants, who demanded such Licence, and as to the remnants of these Impositions he had wholly delivered them to the receiver of the King's chamber, and accountable is the receiver in the Parliament. And the said Richard first of all collected the same, having a Warrant by which authority he hath before showed in Parliament, under the seal of the King himself and his council so to do, and thereupon were witnesses produced in Parliament, that our Lord the King had expressed a day for the same. And some Lords there present in Parliament were, that knew not how or in what manner he was become in such office under the King, (and what is more) that the King knew him not for his Officer, and that amongst other Articles, the said Richard made no answer, wherefore the said Richard was awarded to prison during the King's pleasure, and distrained to fine and ransom according to the quantity of his trespass, and that he lose his freedom of the City of London, and be no more in Office under the King, nor approach to the King's Court or council, and thereupon another time the said Richard was sent before the Lords of Parliament, where it was said to him that it seemed to the Lords that his offences were so great and horrible, that he had not sufficient wherewith to make satisfaction, and forthwith the said Richard submitted himself into the favour of the King, his body, his Lands, Tenements, goods and chattels, and willed and granted that his body goods and chattels should be at the King's will to give, and as to the Extortions done by the said Richard, or his Deputies from the time that he was Farmer of the subsedies, or customs as beforesaid, it is ordained in Parliament that good Inquiry be made by sufficient Gentlemen in all the Ports of England. Ibidem N. 21. The●. ●at. ITem William Lord Latimer was impeached and accused by the vote of the said Earls of deceits, extorsions, g●ievances and other mischiefs by him, and others of his faction and Covin, during the time he stayed as well under our Lord the King in Britain, when he was in Office with the King, as otherwise in England the time that he was chamberlain, and of the privy council o● the same our Lord the King. First of all concerning that when the said L. Lat. had been long Captain of Becherell. and Officer of the late King Edward in Britain, if before or during the peace or truce it was committed. And thereupon it was proclaimed and published under the King through Britain that no English man, nor other foreigner shall take Wines, victuals nor other things of any persons, Towns, Castles nor of others, except they pay presently for them nor shall they take or ransom any Person, Town, fortress or other place, upon pain of what they may forfeit, notwithstanding all which the said Lord Latimer, and his lieutenants and Officers caused to be taken by wrong and violence, of diverse Gentlemen of the country, much wines and victuals to a great value, without paying any thing, and likewise ransomed many by oaths, and in taking and receiving ransoms unto the sum of 4 millions, and 3 thousand pounds: whereof our Lord the King enjoyed nothing, to the great damage and villainy of the King and oppression of his people and the said parts, and against the Proclamation and defence aforesaid, as in a letter made and sealed with the seals of many Lords of Britain cal●ed Ragman and sent into England to our Lord the King aforesaid more at large appeared, but the said Ragman could not be found in any sort, nor any man knew how to say in truth, what become of it, and yet he at another time was accused thereof, that he had taken at Becherell and Plimoyson, from thence unduly 153 l. w. of gold, whereof the King had never any part nor any restitution made thereof, and the parties from whom those sums were taken, preferred a Bill in Parliament in form as followeth. It is to is to be remembered that the proofs of parties that were ransomed at Becherell and Plymoison during the time of Truce, have paid so much to Master John, port-Constable of Bech●rell for the Lord Latimer, and to William his son, and to Hugh Middleton Receiver of the said Town or to the Lord Latimer departed out of Britain. The yearly sum 40 Franks. And likewise the said Constables William and Hugh, have received of the ransoms of such as were wont to be ransomed during the war more moneys than would have well paid all the soldiers of the said Town. The sum 50 Franks. And likewise the said country of Britain have paid to the said Constables William and Hugh, for the death of divers Gentlemen liege men of our Lord the King that were killed upon the land of Britt●ine. The sum 30 Franks. And likewise the said Constable, and William his son gathered upon the country of Britain, to send Monsieur Gakes from Plymouth dates to England. The sum 12 Franks. And likewise the said William for that he lost 20 Marks in the Isle of Garnesey, in a Ship, put a fane and ransom upon the said Becherell. The sum 1000 Franks. And likewise Robert Ravenstons boy, had stolen stolen a h●lf salt-seller of silver, and therefore the Land of Britain was ransomed. The sum 2 Franks. And likewise the said Constables William and Hugh Receivers of the said Town, had received divers times for victuals sold as salt, wine, beef and other commodities, to the sum of 1000 Franks, to the great loss of your poor liege-men, and to the Town of Becherell. For by these extortions which they had borne and sustained by the horrible necessity of the poor people, and likewise of the Gentlemen, was the said Town lost. Wherefore they beseech our Lord the King and his council, to cause the said Constables William and Hugh to come and answer the aforesaid receipts, so that our Lord the King may be served of that which belongeth to him, and that your poor liege-men that were in the defence of the said Town may be paid, their wages for the time that they were in the said Town, if so it be your pleasure. And likewise the said Lord Latimer was impeached by the Commons of divers loans, made to the use of the King without cause necessary, to the great loss and and grievous damage of the King, and more especially of a loan that was made of late to the use of the King, by the counsel of the Lord Latimer, Richard Lions and others of his covin of 20 thousand marks, where our Lord the King was obliged to his Creditors in the said Case to pay again 30 thousand marks, and that was done by covin of the said Lord Latimer, and others that were privy with the said Creditors, to have part of the said gain, and to be parties to the said deed, or without answering the said loans; for it was furnished in special, that the said money was the Kings own, taken out of his Chamber or Treasury, and also the proper money of the said Lord Latimer and Richard Lions, who appeared as if oppressed by the said loan, and also for that by like Covin between him and the said Rich. Lions for their singular profit & gain he had procured and counselled our L. the King to grant many Licences by Patents and Writs, to cause a great quantity of Wools skins, and Leather and other things, to be carried to parts beyond the Sea, other than to Calais, against the Ordinances and defences made before time, in that behalf, to the destruction of the staple of Calais and of the moneyage there, to the great damage of the King, and of the realm of England, and hurt of the Town of Calais; and likewise that by such covin done between him and the said Richard Lions for their singular profit, he had caus●d to be put upon the wools, skins, leather and other merchandises of the Staple, divers new Impositions. That is to say of every sack of wool passing other where than to Calais, by such Licence 11 s. more against the Statutes and Ordinances thereof made, and also for that by his singular profit and ill government between our Lord the King and his realm, they have had and suffered many other grievances, losses, damages, and villainies without number, as the loss of the town of S. Saviour in Normandy, & of the said place of Becherell, and of other Fortresses which might have been well saved and kept, if the King had been well counselled. And also concerning certain Spies and other felons taken and imprisoned by the King, and after delivered by the Lord Latimer, of his own proper authority, without the knowledge or pleasure of the King, taking upon him, and encroaching notoriously in doing these things upon the royal power. Whereunto the said Lord Latimer then present in Parliament said: That saving to him what ought to be saved to him; as to one of the Peers of the realm, as well in giving of Judgement as otherways in time to come, if please our Lord the King, and the Lords assembled, he might be put to answer to him, which in especial would accuse him of any of the matters aforesaid, and afterwards for that no especial person would openly accuse the said Lord of the same things in Parliament, whereof the Commons would maintain the said Accusations against the said Lord Latimer, in accusation of his person and Declaration of his fame, he said, that true it was, that he was Captain of Becherell and that such a Peace was made in Britain under the King, and that an inquiry was made and put in writing & ●ealed with many seals of the Lords of Britain, and sent to our Lord the King in England, which inquest is there called Ragman, but he saith that this Enquest was made by the Britons and French, which would not have our Lord the King, nor any Englishman for their Governor, and falsely to have destroyed the said Lord, and he saith now (as other times he hath said) to our Lord the King when he was in like manner impeached thereof before the King himself, that all the profits, which he at any time received by himself or otherwise in Britain, passed not in all things the sum of 10000 l. accounted in the same sum of 10000 l. all the profits which he received for the ransom of Viscount of Roan and of other prisoners which he took at the battle of Crey and this he is ready to prove by all reasonable ways that one of his estate and degree ought to do, and he saith, that it seemeth by the Law of Nations, that the said Ragman is not to be allowed and that it was done by the enemies of the King and realm, (as aforesaid) and likewise made out of the realm, and that therefore all men ought not to hold him of the less credit or Reputation. And soon after the Commons having this answer of Submission prayed the Lords of Parliament in behalf of the King, that the 10000 l. execution be had forthwith against the said Lord Latimer, as of a thing past by the said Submission thereof as he had knowledged at another time, when he was impeached thereof, and that the said Submission be made by him, as it ought to be, nor that any remonstrance or agreement be made to the King, nor pardon, nor other thing gotten, by which he may be discharged. And the Lords answered, that the said Answer should be reported to our Lord the King, and thereupon right shall be done for the King and as to the said Bill preferred afore in parliament concerning such men as he made his Deputies or lieutenants at Becherel and Plimoyson, the said Lord Latimer faith, that he is altogether innocent and without blame, even at the time that the said Ragman was so made and sent to our Lord the King. And the Lords answered thereunto, that they would take advice of the King's council, and thereupon right should be done on every part. As to the loans made to the use of our Lord the King without necessary cause, he answereth and saith, that he knew of none without cause very necessary and greatly behooveful. And to that, that the intent is submitted to be false covin or other disloyalty for profit, or to have part, he saith, that he is altogether innocent and not guilty, and that he never delivered nor took any money or other thing of the King, nor of any other to make the said pretended Loane and that he was ready to prove by all ways that a man ought to do. And as to the Patents and Writs made and granted for the passing of wools, skins, leather, &c. otherwhere than to the Staple of Calais, he saith, That those licences were commenced before his time, with the King as well at Genoa and Venice, as other where, and further saith, that if nothing thereof had been done till his time, the same ha● not been done, nor was pursued by his counsel only but by him with others, and that the●e accrued thereby by virtue of the Kings Grant, great profit to the King, Whereof he was answered in his chamber. And as to the new Impositions, the same were never put upon the wools, skins, and leather by him of late, nor upon the country in any part, but only the subsidies thereof granted in Parliament, and that at the instance and prayer of those who demanded such licences, which paid voluntary and without any compulsion 11 s. the sack, that is to say, 10 s. to the use of the King, and the 12 d. to the use of the Clerks writing and pursuing the s●id Licences, which moneys he hath not yet put in certain; and further saith, that he took nothi●g thereof to his own profit by himself nor any other, and that he is ready to prove by all reasonable ways and thereupon it was witnessed in Parliament by M. Richard S●roope Chancellor. late Treasurer of our L. the King, that Wil. Walworth of London in time when the said loan was made to the King of the said 20 thousand marks, the said Wil. Walworth proffered in behalf of himsel●e and his companions merchants of the said Staple of Calais, to the Lord Latimer to make a loan to our Lord the King of 10000 l without repaying any thing for increase by usury or otherwise by covenant so that they might be repaid the said 10 thousand pounds in their proper hands of the Subsidies due to the King, of their wool, &c. then next to be passed to Calais, and that the King should covenant and grant that no such Licences shall be henceforth granted to carry wools, &c. out of the Kingdom, further than the Staple of Calais. To which the said Lord Latimer answers and saith, that he had no such proffer of them and the other affirming the contrary, wondered that the said Wil. Walworth should make such a proffer. And as to the loss of the said towns and Forts, and the deliverance of some spies or felons so imprisoned the said Lord also saith that he is not guilty and that he will prove & avow by all reasonable ways that he ought to do. And thereupon many other words and reasons shown and pleas as well in fu●l Parliament as otherwise before the Prelates and Lords only as well for the part of our Lord the King, as for the part of the said Lord Latimer, and many examinations in print as well as otherwise, aft●r full deliberation thereof had, judgement was rendered in Parliament against the said L. Latimer in these words that follow. For that the said Lord Latimer is found in full Parliament in default by his singular government and counse●l against the profit of the King and his Realm. That is to say, of divers loa●es procured unto the King's loss without necessary cause, and also of Patent● made in destruction of the Staple of Calais, and als● of divers Impositions put upon wools against the Statute of Parliament in that behalf 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 King's Privy counsel throughout all that time it was requested that the King would be pleased to grant that the said Lord might go under bail, 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 whereof he was ●o arrested under a certain pain and form comprised in a Schedule annexed. And under such surety, the marshal 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 whilst he was Farmer to our Lord the King of his petty customs 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 merchandizes passing out of the kingdom, and entering in the same for the safeguard of the Sea, and of the merchants passing by Sea, and of their merchandise, 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 sums of money, and otherwise that he ought not to have done, in great prejudice, slander of the King, and damage of the said realm, and to the oppression and wrong of the merchant's aforesaid. And the said William Ellis present in Parliament, saith, that true it is, that he is one of the Farmours of the said petty customs of the merchants passing and coming, saving the purport of the Commissions thereof made, without that that he took the same, or caused any thing to be taken by extortion, more than was clearly due to the King, and that he was ready to prove to the King: by whatsoever way way he 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 own ackowledgement so openly and before so many persons he might not at other times be received to say the contrary. And thereupon the said Commons brought in Parliament John Botild & Willi. Cooper of Leiwstoft and two others that affirmed they had paid 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 host, and paid at a certain day for the said Subsidy of 6 d. the pound due of all the merchandizes 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 paid to the said William Ellis the 33 l. and thereupon the said Commons prayed judgement 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 he should have a Writ or other commandment 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 bills in form which followeth. To our Thrice doughty Lord the King and to his Sage council, showeth John Botild of Lewistoft that the Monday next after the Ascension of our Lord, in the year of the reign 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 Master's name was Henry Luce charged with divers merchandizes of the merchants of Pruse, that is ●o say, Freeze, and other merchandizes. And the same day William Savage clerk and servant to Wil. Ellis, by commandment of the said William Ellis, took of the said Cockboat for the merchandizes (neither discharged the same from paying custom 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 kirk la Rode, to the great danger of the said merchants. And because that the said William Ellis knew that Wil. Cooper would come to this Parliament and show this grievance & others in aid of the merchants, 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 doughty L. the King & his sage council, to make remedy thereof in work of charity. Which bills passed in absence of the said Wil. Ellis, he saith, that as to the said 17 nobles and skins, called leather, he could not swear for him, nor for any of the said merchants 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 bills touching the entry of the leather, were now in the King's Bench for trial. And as to the said Imprisonment, the said William Ellis saith, for that he was warned in coming 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 Suffolk 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 sum of the K. money of the customs & 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 John and William Cooper twenty pounds for their damages, and dispenses during their said Imprisonment, had and suffered. Also it is awarded that the said Commissions be made to sufficient Gentlemen, to inquire of William Ellis, and of all others Deputies of the said Richard lions throughout the realm. 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 council shown the poor Commons of the mystery, and company of Goldsmiths in the City of London: that John Chichester, John Botesham, and many other Gentlemen, and ric● goldsmiths of that mystery in the same City, by their compassing and subtle devising deceitfully have caused many of the said company to enseale severally divers obligations, and those who refused so to do were taken and imprisoned and in danger of death by many grievous threatenings of the said goldsmiths, who had sealed severally divers obligations as their poor companions had done before, to cause that the said poor Goldsmiths should not buy, nor sell to any Merchant Cutteller, jeweller, Vphoulster, nor to any other foreigner 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 Lady or other person to make profit thereof, and if they did that the pain comprised in the said Obligations should incur upon them, as before the major sheriff and Aldermen of the s●id city, as by the confessions of the said rich Goldsmiths it was proved, whereupon 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 poor Goldsmiths put themselves in Arbitrement of three good men, for a final accord of all the debates and quarrels between themselves, which Arbitrators assented upon certain points rehearsed to the parties aforesaid, and ordained the same points to be affirmed and enrolled 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 be enrolled and holden as the said Arbitrators adjudged: And furthermore by their procurement many mischiefs do from day to day arise to the wrong of the said poor Commoners so far 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 poor Commons: may it please you (thrice gracious Lords) to ordain 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 loss of the said poor Goldsmiths, be made void for God's sake and in the work of Charity. And thereupon the said John Chichester and John 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 he would maintain the said Bill, and find pledge to do, and answer that which the Law demandeth, who said that he would do so, but af●erwards he could not bring in his surety, nor pledge 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 Pier Alice ●ierce was caused to come in the same Parliament before the Prelates and Lords, for to answer certain matters, which by Letters should be surmised against her in the King's name, and thereupon by commandment of the Prelates and Lords of the said Parliament, Master Richard Scroop 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 year of the reign of the King uncle 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 pursued in the Courts of the King, divers businesses and quarrels by way of maintenance, and to have a share: which thing displeaseth the King to defend, and that h●nceforth no woman shall do so; and more especially Alice Pierce upon pain of whatsoever the said Alice may forfeit, and to be banished out of the realm, and after this rehearsal made the said Steward surmised to the said Alice; that it seemed to the Lords of Parliament that she had incurred the pain comprised in the said Ordinance, and had forfeited against the said Ordinances in certain points, and more especially in two, viz. that she stayed Master Nicholas Dagworth chancellor, when he was ordained by the council of the late King to go into Ireland, for certain urgent businesses which should have been profitable to our late King, and his realm; the said Alice after the said Ordinance made as aforesaid, persuaded the said King in his Court at Havering, that at her singular pursuit and procurement, the said Nicholas was countermanded and his voyage stayed from all that Island, to the great damage of our said late King and his realm. Item, That whereas Richard Lions for misprisions w●ereof he was convicted at the said Parliament, holden the said 50. year of our late King Edward, submitted himself 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 Earl of Cambridge, and some of them to Master Thomas Woodstock now Earl of Buckingham, for term of their lives: the which our late K. after having pity of the said Richard, was willing by the assent of his council to show him favour, and to pardon him the Imprisonment of his body, and to restore him to certain of his Lands, goods, and chattels aforesaid, which pardon seemed to our late King and his council t● be a grace sufficient, notwithstanding the said Alice so persuaded the said late King in his Court at Sheen, that by the singular pursuit, 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 he had given to the said Earls for term of their lives as before said, & amongst the same pardoned the said Richard 300. l. of certain arrearages due by the said Richard in the Exchequer, and also granted him a thousand marks of his Treasure to be ●eceived of the said Lady, which pursuit and procurement are contrary to the Ordinance aforesaid. And the said Steward demanded of the said Alice how she would excuse herself of those Articles? which Alice did answer and say, that she was not guilty of those Articles, and that she is ready to show and prove by the Testimony of the said Master John Ipr● then Steward of the said King Edward, & William Street than controller of his house Allen Buxall Knight, and Nicholas carrion Keeper of the privy seal 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 until Wednesday next, by the Pr●lates, and Lords of the Parliament, and it was ordained and assented that those Articles shall be tried by witnesses and by inquest of those that were of the household of the late King Edward, whereby the truth may better be known, and thereupon were certain persons examined before the Earl of March, the Earl of Arundel, the Duke of Lancaster, the Earl of Cambridge, and the Earl of Warwick; that is to say first Master Roger Beauchampe late chamberlain of the said King Edward, sworn 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 Lady Alice Pierce a Bill was delivered to him, which Bill he took, and after he had understood that the same contained the calling back of Master Nicholas Dagworth from Ireland, for that he was an en●my to Master William Windsor, to that which the Bill supposed he answered, that he durst not prefer it to the King for that the counsel 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 contain such business, & forthwith when the King had understood the Bill, he answered that the Petition was reasonable, and when Master Roger replied the council had ordained to the contrary, the King answered that he himself was agreeing, and that yet it seemed the Bill was reasonable, and commanded him that the said Master Nicholas be caused ●o be called back, which was likewise done, but what day or month it was he remembreth not, and as to the matter of Richard Lions the said Mr. Roger saith, that he was chamberlain but an hour, and so knoweth nothing more than he hath said. Item Master Lanc. diligently examined before the Committees saith, that he came one day to Havering, and found the Lady Alice Pierce there, and forthwith Master Roger Beauchampe showed him Billa, and after the King understood the matter, he said thus that it seemed not reason, that one enemy should be judge of another, and the said Duke answered that he was come between them, but it was so that the said Ma●ter Nicholas was sent for the profit of the Land, and of all the realm; and therefore it was ordained before the King that the said Master Nicholas and Master William do come before the council, and if the said Master William could prove any cause for the Enmity between them; that then the said Master Nicholas shall not go if he well can prove such enmity; otherwise the Ordinance of the council 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 Lady 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 be called back, who answered, that it should be no otherwise than it was afore ordained before the King, and when he came in that behalf to crave a testimonial favour, he could not obtain it, and the next morning when the said Duke did his obeisance to the King in his bed. The King himself commanded upon his blessing that he suffer not in any manner that the said Master Nicholas go 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, he saith in his conscience that the said Alice was principal promotrix of the said business: but he was not present when it was done. Item Master Philip de Bath sworn, 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 he heard in the King's house the said Lady Alice make a great murmur and say, that it was no reason nor Law, that the said Master Nicholas who was an enemy to the aforesaid Master William, should go into Ireland to inquire, and do justice against him, and more he know●s not how to say in this matter. But as to the Article of the said Richard he saith, that he was one day at Sheen when the said Richard was brought before the King, and that he was called into the King's chamber to hear 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 King's 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 business. 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 fou●d the Lady Alice Pierce sitting at the side of the bed: and there it was shown that the King would pardon the said 300. l. to which he was yet bound to the King, as of the arrearages of his account in the Exchequer, and also the King would give to the said Richard 1000 marks of his Treasure, and further would make full restitution of the Tenements which had been 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 s●nnes, but he saith that he remembreth not i● that matter were shown at that time before t●e King, by relation of any other person, or by the Bill of the said Richard there read, or otherwise by the said Richard himself: the said Nicholas remembers himself very well: that he requested to come before the King, who caused to come from behind ●h● curtains Master Allen Buxall, and others Knights, and Bishops which then were there to testify that which the King had said to the said Nicholas in the said commandments and so it was done, and all the commandments of the King were r●hearsed in presence of all those men. And as to the matter of Master Nicholas Dagworth he saith, that he knows nothing but that Master Roger Beauchampe sent him to countermand the said Master Nicholas. Item Master Allen Buxall sworn in like manner, and diligently examined saith, that one day at Sheen after the last Parliament he was called to the King, where he 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 showed favour to Richard Lions of his Tenements, which were holden by the Earl of Cambridge, and Master Thomas of Woo●stock, and had given him a 1000 marks of his Treasury: And as to that which was done, the said Dame Alice Pierce prayed the same Mr. Allen, that he would declare to the said Earls the Kings will, & his chargings upon the blessing of their father, to cease to extend the Tenements of Ma●ter Allen, and that they do it voluntarily if the King commanded them to do 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 he 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 be sent into Ireland to make Inquisition of him or against him. Item, Will: Street late controller of the King's house, sworn in like manner, and diligently examined saith, that he was one day at Havering, when William●f York spoke 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● be judge of another, And moreover the said William Stre●t saith in his consci●nce, that the said Lad●Alice was principal and motrix of the said cause, as he verily believes. And as to the Article of Richard Lions he knows nothing before it was all finished. Item, John Beverill sworn in like manner and diligently examined saith, that he heard not at any time the said Lady Alice speak to the King concerning neither the one Article nor the other, and that she kept herself well from him, that she spoke nothing in his presence, but he thinks in his conscience that she was the promotrix in the said business, for he knows no other which could have followed that matter, and notwithstanding they were caused to come before the said Duke, and the said Earls, Mr. Robert Beauchampe, Master Allen Buxall, Master John Burle, Mr. Philip de la Page, Mr. John Foxley, and Thomas bar Knight, Nich: Currein, John Beauchampe of Holt, John Beverly, George Felborough, John Salisbury, William Street, Pierce Cornwall, Thomas Lurden, Lolvin Legat Esquires of the house of the said late King Edward: which do say upon their oaths that the said Alice was principal promotrix to the said King, at his Court a●Havering, about the Feast of All Saints in the 50. year of his reign 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 business prevailing with the said King at Shee● in the month 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 general words (whatsoever the said Alice may forfeit) extend as well to the forfeiture of Lands and Tenements as goods and chattels and all other possessions considering the damages and villainies by her done to the King and to the realm for that it was in effect to restrain, 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 seized 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 be presumed in which she is most abounding, for which c●use the same sh●ll 〈◊〉 ●or●eited to the King, and seized 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 especial case, which may extend to a thousand other persons shall in no other case but this be 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; be it by fine or by deed in pais or deed enrolled, or otherwise, that the purchase be holden for nothing, and that the parties which perceiv themselves aggrieved may have remedy by process in Chancery, and by advice of the grandees of the council right shall be done to the parties; and restitution made according to the case demanded, so that the purchases made bona fide be not made void nor disannulled b● any manner of way. Et istud rotulum sic factum; & scriptum tradidit & libera● it Edmundus Bradwell Clericus de Corona etc 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, Cavendish against pool C●ancellor. one John Cavendish of London pri●oner in this Parliament before the Commons of England, in their Assembly in presence of some Prelates, and Lords temporal 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 he may have iufficient surety of the peace of those whe●eof he 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 commandments of the Lords aforesaid, the said Master Nicholas there present found Sureties to be peaceable towards the said John, that is to say the Earl of Stafford: and the Earl of Salisbury: and the said John rehearsed how at the last Parliament he had made pursuit by one Savill against Gibbon, Mansfield, Robert de Parry: John Hawkins, and WILLIAM horseman to have Restitution of certain goods, and merchandizes of great value left upon the Sea, in default of the said Gibbon, Robert John, and William at the time when he had undertook the safeguard of the Sea; and of the merchandizes passing and coming from Sea, for the time against all Enemies out of the power royal, 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 Law and reason. And further the said John saith, that he being a Fishmonger hath preferred at the same Pa●liament his Bill, for that a Clerk and familiar of the Chancellor whose name was John Otler, undertook that the said Fishmonger should the better have good help in his case of the said Chancellor before whom his business depended, who was to do justice to high and low: which Clerk demanded copies of his Bills, and demeaned the whole business that he delivered to him, which when he had viewed and understood, he promised that for 40. pounds to the use of his said Lord, and 4. pounds to his own proper use, he should have his business wel● & graciously dispatched by his Lord without difficu●●y, & upon this promise the said John Cavendish was well agreed, & granted to pay him the said 44. l. in manner as he should demand the same, but for that he said he had not the sum ready in his hand to pay, he obliged himself voluntarily to make payment well & lawfully at a certain day, & ●o it was done, and afterwards the said Fishmonger delivered to the Clerk certain quantity of Herring, Sturgeon, and other fish to the value of 9 or 10. marks, to the use and behoof of the said Chancellor, in part of payment of the 40. l. aforesaid, and 3. els of Scarlet, which cost him 32. s. he delivered to the said clerk in part of payment of the said 40. l. which he promised. And further the said Cavendish saith, that although he had done so much and promised to give more to one person and another always, yet he found not long friendshi●, aid f●vour, nor succour in effect in the person of the said Chancellor in the said suit for all his cost, and also he saith, that a good part of all sorts came with him to the house of the said Chancellor, to discourse of his matter where he found there his Adversaries before him, where he encountered them in presence of the said Chancellor: but if the said Chancellor be to be punished for committing of this affair, or no, he knoweth not, God knows, but he saith that true it is, that at a certain day past the said Chancellor caused him to be paid for his Fishes, and that he canceled the Obligation, and that the same was canceled in bounty, and conscience; or otherwise to shun a slander and reproach in the case, he knows not now to say, but saith for certain, that for the three else of Scarlet, he was not yet paid, and thereupon the said Chancellor first of all before the LORDS and COMMONS answereth, and saith, That in this affair, and of all this matter he is innocent in every degree; And first of all as to that that is surmised of him by the Accusation he now saith, that the said Fishmonger had not been delayed, nor is yet delayed by the said Chancellor, and that right and justice is done to him in the said Suit, and that the Accusation contains no Truth, and the said Chanc●llor voucheth to witness all the judges, and sergeants of the realm who were present in the Chancery many times when the said matter was pleaded between the parties, which suit is pleaded to issue, whereof part lieth in judgement, and part remaineth untried, so that nothing now remaineth to do, but to render judgement there of what remaineth in judgement and Traverses thereof have been put in for difficulty, and for other cause, and that it is not Truth of the said Chancellor, that the Fishmonger hath now said, that he could not have justice and that he is unjustly delayed. And as to the remnant of the Accusation now made, the said Chancellor sweareth by the SACRAMENT of Jesus CHRIST that he is utterly innocent, and more thereof did never come into his Cognizance, but in manner, as he hath said which is thus and saith, that of late he had speech with the Officers of his house to know the Estate thereof, and for ordinary payment of those to whom for the dispenses of his said House he was a debtor, and there first of all, and before his Officers he demanded how such a quantity of Herring, and Sturgeon was brought into his said house, and not by way of bargained-for provision, and in what manner the same was spent in his house, whereat he marvelled because he knew not the said Fishmonger, and there withal he reckoned with his said Officers how such an obligation was also made by the said Fishmonger, who had a general suit depending before him, and as soon as the heads of this matter was understood by him, he was much grieved, and in passion did curse and swear to his said Officers, that he would not eat nor drink within his said house, until the said Fishmonger was paid for that which he had sent into his house aforesaid, and the Obligation was utterly canceled and defaced, and thereupon presently was the said Fishmonger at his commandment caused to come in presence of the said Chancellor in the chapel within his house, where he stayed for the present time when he was in London, in the same chapel where our Lord Jesus Christ's Sacrament was continually, he swore by the same Sacrament in presence of his said Clerk, & of the said Fishmonger that he was never bound to do that which his said Clerk had undertaken, & that he touched nothing of the said Commodities before reckoned, nor had knowledge thereof in private or in public, but by relation of those other Officers in manner aforesaid, and that he was never a partner to the said Covenant made thereof in any manner, nor caused the said Clerk to take the same Obligation, but caused the said Fishmonger to be paid for his Fish aforesaid. And the said Chancellor swore by the Sacrament of Jesus Christ, that his excuse now given, in contained full truth, and that he is ready to prove in whatsoever manner it pleaseth our Lord the King, and his Noble Lords of the realm there present to ordain, and the said Chancellor prayeth to the Lords aforesaid, that they have due consideration to the Estate that he beareth within the realm by his Office of Chancellor; that it may so please them to ordain him due remedy and justice of the said Fishmonger, concerning the defame and grievous slander which he had brought upon his person in Parliament, which is the most high Court of the realm, and could not accuse the said Chancellor of any thing in his complaint, but only the Clerk of the said Lord. And for that the said Fishmonger disclaimeth in part, his said Accusation, and so denieth by his own mouth that he had not any bargain with the person of the said Chancellor but with his said Clerk. And also for that as well the said Clerk as the said Fishmonger thereupon examined, acknowledged that the aforesaid Obligation was made to the said Clerk only, and in his name without naming the Person of the said Chancellor in any part, and that the same Clerk upon his Oath made in the case had fully excused his Master the said Chancellor, that he was not knowing of the said Obligation, nor of the Covenant aforesaid otherwise then before set forth. And for that also his said Officers Gibbon, Robert, and William were personally in this Parliament, and examined upon their allegiances to say the Truth of their part in this case answered expressly, that they never gave any thing, nor promised to give reward to the said Chancellor in private, nor openly by themselves, or any other person in the World: the Lords aforesaid ●old the person of the said Chancellor for excused of whatsoever was comprised in the Accusation aforesaid. And thereupon the said Chancellor prayed again to the LORDS there, for that as well the said Fishmonger had disavowed his Accusation in part, and for that he might every way be excused thereof for any thing that could appear to the judgement of every discreet person which heareth the said Accusation, that for those words, which the said Fishmonger had put in his Bill, he the said Fishmonger might be arrested until he had found sufficient sureties to tender him that which should be adjudged upon this matter, and especially upon the false slander aforesaid, which he had drawn upon him. And thereupon it was commanded by the Lords, That as well the said Fishmonger, as the said clerk should be committed, and so they were committed to priso●, 〈◊〉 ●fterwards they were let go at large▪ That is to say, the said Fishmonger by the mainprize of Thomas Spicer a●d Steven Skinner, who w●re obliged body for bo●y to have the said Fishmonger from day to day, before the Lords aforesaid, or before whatsoev●r Judges should be assigned: And afterwards, for that the Parliament was drawing to an end, and the Lords were also greatly busied there amongst o●her great businesses of the Realm. The said Suit by the Pa●liament with all things thereof, was referred to the judges of the King's Bench, to be heard and determined, as well for our Lord the King as for the parties. In Schedula. Record. fact. apud Westminsterium per Justiciarios, &c. ET postea die Martis proximo post octab. Trin. viz. 14 die Junii Anno regni Domini Regis R. 2. post Conquestum 7 Robertus Tresilian capitalis Justiciarius in Banco ipsius Regis, Robertus Belknap capitalis Justiciarius in Communi Banco, & Roger. Fulthropp unus Justiciarius in Communi Banco vigore Commissionis Parliamenti dicti Domini Regis, apud Novum Sarum ultimo tento fact. & authoritate ejusdem Commissionis unde in rotulo Parliamenti predicti mentio facta est specialis, contra quendam johannem Cavendish de London Fishmonger qui Parliamento praedicto primo, viz. Coram communitate regni Ang. Congregat. & postmodum alia vite coram magnatibus ejusdem regni in eodem Parliamento, de Michali de Poole Milite, Cancellario dicti regni, & Johanne Ottre Clerico ipsius Cancellarii de diversis misprisionibus sibi per eosdem factis, ut asseruit, graviter querelavit; & ipsum Cancellarium per hoc multipliciter accusavit & aefamavit processi, in hunc modum. Imprimis, viz. ipsum Iohann. Cavendish, Coram iisdem justiciariis apud Westminst. dicto 14 die Iunii, assedentibus sibi tunc ibid. Hugone Seagrave Milite, Thesaurario Angl. Magistro Walter de Shirlawe, Custode privati Sigilli, Johanne Wal●ham, Custode Rotulorum Cancellariis, nec non Waltero Clopton, Willielmo Richell, & Johanne de Lockon serviend. ipsius Regis venire fecerunt, qui ibidem comparens & de accusatione sua praedict. & fact. & in Rotulo Parliamenti praedicti, plenius irrotuletur, cujus mat●ria, una cum responsionibus per Dominum Can●ellarium in eodem Parliamento, adhuc in excusationem suam datis prout continetur in Rotulo praedic pro majore parte recitat. coram ipso Johanne de Cavendish, tu●c ibidem allocatum fuit per justiciarios praedic. & super hoc quaesitum fuit ab eodem, si quid haberet pro se vel ulterius dicere sciret, quare ipse poenam in Statuto contra hujusmodi defamatores edito subire non debeat maxime cum Idem Cancellarius se in Parliamento illo excusavit & omni alio modo possibili se inde excusare est paratus, qui quidem Ioh. ad hoc respondebat & dixit quod ipse nunquam personam dicti Cancellarii in Parliam. illo defamavit, nec aliquid sinistrum sive inhonestum de persona ipsius Cancellarii clam vel palam in Parliamento ille dixit, vel alias affirmavit quovis modo sed dicit quod quicquid per eum in hac parte fuerit hoc solum de praefato Ioh. Ottre Clerico ipsius Cancellarii in ista materia factum & sententia verborum suorum, ac modo & forma eorundem, nec non responsionibus ipsius Cancellarii & aliorum ex parte sua hinc inde factis & dictis ibidem debite ponderatis & ulterius haben●a respondit ad hoc quod ubi praefatus Ioh. Cavendish, dixit quod Justiciam coram dicto ●omino Cancellario praedict. prout alias praedict. Cancellarius allegavit in eodem Parlia. clare constare debeat cui cunque discreto, & intelligenti, quod idem Ioh. Cavendish per accusationem suam praedictam ipsum Cancellar. in eodem Parliam. false defamavit. Per quod consideratum est quod praefatus Ioh. Cavendish super defamatione illa convincatur & idem Cancellar. recuperet versus eum damna sua et quod Ioh. Cavendish praedict. committitur prisonae Domini Regis ibid. moratur. quo usque tam preafato Cancellario de damnis suis praedictis, quam dicto Domino Regi pro fine competenti sibi inde debito plenary satisfecerit. Rotulo Parliamenti, Anno 10. R. 2. M. 4. & 5. IN this Parliament all the Commons with one accord and in one assembly came before the King, Prelates and Lords in the Parliament Chamber, complaining grievously of Michael de la Poole Earl of Suffolk, late Chancellor of England being then present, and accused him by demonstrance of word of mouth in manner following, that is to say, First, that the said Earl being Chancellor and sworn to do the profit of the King, purchased of our Lord the King, Lands, Tenements and Rents to a great va●ue, as appears by the Records, and rolls of the Chancery, against his Oath in tha● behalf, not considering the great necessity of the King & the realm. And moreover, because the said Earl was Chancellor in time of the said purchase made, the said lands and tenements were extended at a lesser value than they were worth per annum by a great sum, to the deceiving of our Lord the King. ITem the said Lords were assigned at the last Parliament to view and examine the Estate of the King and realm, and to declare their advice how the same may be well amended and put in better Governance and disposition; And the examination & report thereupon 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, aught to be put in due execution, and that it was not done in default of him that was the principal Officer. ITem, Whereas the charge was granted by the Commons in the last Parliament, to be put into certain form, demanded by the Commons and assented by the King & the Lords, and no otherwise nor in any other manner than was ordained, many mischiefs are come to the realm, and it seems true, that ●hey came in default of the said late Chancellor. ITem, It was debated, That whereas one Tidman of Lymberch, who had to him & his heirs, of the gift of our late King Edward, 50 l. per annum, of the custom of Kingston upon Hull, which the said Tidman forfeited to the King; And also the payment of 50 l. a year, was discontinued for 20, or 30 years, the said late chancellor knowing thereof, purchased to him and his heirs of the said Tidman the said 50 l. a year, and the purchase was until the K. ought to enjoy the profit. ITem, It was debated, whereas the high Master of S. Anthony is a schismatic, and for that cause the King ought to have the profit which appertaineth to him in the realm of England, the said late Chancellor who ought to have advanced and procured the profit of the King, took to farm the said profit of the K. for 20 marks a year, and there took to his own use goods, and 1000 marks and more. And that the said Master of S. Anthony in England, which now is, aught 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 year, for term of their two lives. ITem, That in time of the said late Chancellor there were granted and made divers Charters and Patents of murders, Treasons, Felonies, Rasure of rolls, Sale of Woods, and in especial after the beginning of this Parliament, there was made and ensealed one Charter of certain franchises granted to the Castle of Dover, in the disherison of the crown 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 town of Gaunt, That ten thousand marks ought to be gathered, and for default of such collection, there ought to be 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 paid & the said 3000 marks lost by def●ult as aforesaid. Of all which Articles the said Commons demand judgement of Parliament, whereunto the said E. made his answer in manner which followeth. First, the said Earl 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 he was Chancellor. Secondly, the said E. had ordained by the advice of his council, that Master Richad Scroop his brother in Law, should put in the words of his Answer of the said impeachments. Whereunto the Lords replied, that it was honest for him to answer by his own mouth, and thereupon he made protestation that he might add or diminish in his Answer what might be honou●able and profitable to him, by advice of his council. Which thing was granted to him. ANd as to the first Article of his impeachment, That is to say, after that he was Chancellor that he purchased certain land of the King &c. the said ●. 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, until the time that the King caused him to take the Estate of an Earl, but by way of true Exchange, videlicet, That how the said Earl hath had four hundred marks a year upon the custom of Kingston upon Hull by descent of Inheritance, for which it pleased the King to assign to the said Earl the Lands or Tenements in value; and that he assigned and gave part thereof to the profit of the King as well yearly as because of a sum of 1000 marks paid to the King by the said Earl for that cause. And further saith that the King at his progress into Scotland pleased to make Dukes, Bannerets, and Knights, to the honour of him and his realm, he plea●ed without desire or seeking of the said Earl of his own proper motion, to make him Earl, and commanded him to take the Estate of the Earl of Suffolk 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 assign the quantity of the lands, which were belonging to the said Earl of Suffolk who last died. ITem He saith, That the said Tidman hath had 50 l. a year upon the ancient Custom of King. upon Hull, to him and his heirs inheritably for ever, whereof King Edward uncle of the King that now is, was not paid of a long time, as appears by the Accounts of Customers of Kingston upon Hull, in the Exchequer of our Lord the King, which Tidman for 1000 ma●kes which he owed to the said Earl, granted to him by his deed a long time since the 50 pounds aforesaid to have and to hold to the said Earl and his heirs for ever. And because the said Earl, made restitution of the patent of the said Tidman to the King, discharged of arrearages, the K. pardoned the same purchase, without that, that the said Earl 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 evil intent of the said Earl, he passed it not intendi●g then that it was against the Laws; And if any man would have declared or informed the said E. that it had been prejudicial to the King or his Laws, he had not ensealed the same, but would have repealed it, and that yet thereof no damage 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 be put upon him otherwise, then had been used aforetimes upon any Lord or such Officers understanding that of the Chancellor make a patent against reason or law. That such patent shall be repealed and such judgement reversed, Without inflicting other punishment upon such Officer o● judge. And the Commons replying to the Answer of the said Earl, concerning the first Article, did show to the Lords the copy of his Oath, made when he was created Chancellor, in manner as followeth. YOu shall swear 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 poor and rich, according to the Laws and Usages of the Realm, and lawfully shall counsel the King, and his counsel shall keep. And you shall not be privy, nor suffer any damage, 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 clearly and expressly known to the K. Together with your loyal Advice and counsel, and you shall cause and purchase the profit of the King, by all that lieth in you to do reasonably, so help you God and his holy gospel. 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 King's gift after that he was made Earl, being in the Office of the said Chancellor, divers Lands and Tenements which are certai● and sure of the value of 400 marks a year, which he hath had upon the Custom of Kingston upon Hull, which are casual & may deceive the King to his damage in that behalf. And how he said that he had received part of the ●●id Lands and Tenements, so taken ●n ●xchange before he was Cha●cellor. The Commons say, that he was then of the privy council, and afterwards sworn 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, wherefore although default was in others, he cannot therefore be excused, and especially of that which the King had commanded him to speak in Parliament as he had said, he was the more bound to put the said matter in execution, and to confess, what he denied not, the damages are no less than they have surmised: They pray the judgement 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 sums as they suppose, and for that cause the said rent appertains to the King, notwithstandi●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 needle 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 judgement 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 justice of the King's Bench, surmising that he took 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 Earl was so Chancellor, and took 100 l. &c. of the said provision there commanded to be delivered out of the King's hands of his profits, which he ought to have done according to the command of the K. freely without taking any thing, it seemeth to them that he hath sold the law and prayen judgement. 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 avoid the endurance of the judgement of Parliament. ANd thereupon the said Earl replying to the Replication of the Commons, touching his oath said, That to take the words of the said oath without other special 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 Earl saith, That it is not comprised in the said Oath, nor forbidden him to take to himself of the King's gift, nor to any other person. And for that the King's 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 personal 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 chancellor may inseale the King's gifts to the Lo●ds for to maintain their Estate; or for other reasonable cause by the King's warrant, and that he hath done nothing against his Oath, &c. And saith that, that which is comprised in the Oath that he suffer no damage, not disherison of the King &c. That is to be understood of that which is intended, of matters whereof the King hath not cognisance, and that appeareth by the clause comprised in the Oath, that he shall make known to the King clearly, and express●ly: And after that the King is informed in such manner, the Chancellor may do the King's commandment without offence of his Oath, and s●ith that concerning his Estate, and what the King gave him, it was expressly done by the commandment, knowledge, and will of the King, and so not against his Oath, and that it may not be intended that he should be impeached concerning this matter. ITem as to that, that the Commons say that the said Earl hath deceived the King; because he hath taken of the King, the manner of Faxfleet in value 50. pounds which Manno● was worth 200. l. per annum &c. The said Earl answereth, that Master William Morris hath reported to him that he hath taken of the King the two parts of the said manor, with the rent in North Dalton to serve for 7. years for fifty pound a year, and that he hath lost by the said farm in the said time a 100 marks, and further saith that the said manor with the ten marks of rent in Dalton altogether are extended (as appears in the Chancery) but at 41. l. 9 s. 3. d ob. And for that that, the said Earl understands by the Earl of Kent, who hath had the said two parts of the said manor together with the said ten marks, at the value of 50. marks, that the entire manor could not be above the value of 50. pounds. And further saith, that the said manor with the ten marks are not worth more. And that under a certain● pain saith, that whatsoever person will sustain the charges of the said manor sufficiently, and pay him for the two parts 50. marks for aid, and as to the third part be it what it will, let him give security to pay for the said manor, with the ten marks of rent 50. l. per annum, that he will so lease it with all his heart. ITem as to that impeachment of the Commons of a 100 pound pension, out of the provision of Saint Ant●o●y, and that the said Earl should sell the laws, and put in an Example of Master William Thorpe etc the said Earl answereth, That the cases are nothing alike, which the parties pleaded before the said Master William Thorpe as before their judge for the laws of England. In which case no judges ought to take reward of any parties pleading before them. But the s●id provision came to him with the help of Saint Pierce the Pope, and not as a Chancellor or judge in this case, but as Father and friend to John his son. At which time a man knew not if the said John had obtained it of the Pope's favour or no. Also faults were found by the counsel of the said Earl in the Bulls of the said provision; And from the same caus● the said Provisour by his friends of his own accord proffered an annual Pension of a 100 and 60. pound for to leave suit in the Court of Rome by his said son, and for that he should not impeach the Bulls: that the matters before said were not done as before a judge, but by way of composition as may be proved by instrument and by witnesses in this town, and so this matter touched not the laws of England, and always the said Earl intended not but that he should be holden to answer to the party in this case. And thereupon after the answers of the said Earl given to the Accusations of the said Commons, and the replications to them made of one part, and of another the said Earl at the request of the said Commons for the greatnesses of the defaults so of him surmised, was arrested by commandment of the KING and Commons in ward of the Constable of England, and afterwards let at Liberty upon bail. And for that the said Earl alleged not in his answer that he observed the effect of his Oath, in that he swore that he would not know nor suffer damage, nor disherison clearly and expressly to the KING, together with his own lawful advice and council, and that he should cause and purchase the profit of the KING by all that he could reasonably do: and he held the premises although he were principal Officer of the KING, knowing the Estate and necessity of the KING and of the realm, and did take of the KING such Lands, and Tenements as is supposed in the Impeachment to him in the said first article surmised, & although he alleged in his answer, that the deeds to him so made were confirmed by full Parliament, there is no such accord in the rolls of Parliament wherefore it is awarded that all the manors, Lands, Tenements, rents, services, fees, advonsons, reversions & profits with their appurtenances by him so received of the K. ●e reseised & reprised into the K. hand, to have & to hold to our L. the K. the lands & chattels of the said E. from thenceforth is not the Intention of the K. nor of the Lords, nor that this judgement extend in the Law to cause the said E. to lose his name and title of Earl, nor of the 20. pounds a year, which the King granted him, to take of the Issues of the County of Suffolk by the name and Title aforesaid. And moreover for that the said E. lately denied that he was of the K. privy counsel when he demanded of the K. the said exchange & had acknowledged that before the exchanges performed he was made Chancellor, in which Office he was bound by his Oath made in the form aforesaid: and he so being sworn to the said Office, took of the King the said 400. marks of Land, by reason of the said Exchange agreeing to the said covenant of Exchange, which he also made before that he was Chancellor, in which Office he was bound by his Oath: And alleged not in his said answer, that the King gave him manors, Lands, and Tenements; which are certain and cannot very easily be destroyed, nor be countervailed by the aforesaid 400. marks annuity, which are leviable and demandable of the customs and also as casual, and in divers cases there may loss ensue; It is awarded that all the Lands and Tenements so taken by the said Earl, by the exchanges aforesaid be resumed into the hands of our Lord the King to hold to him and his heirs, in manner as he held the same before the gift or deed in the said Exchange, in which the Issues and profits aforesaid after the said exchange deducted: if the said Issues and profits so taken after the Exchanges extend to a gr●ater value then 400. marks a year, that then the King shall have the overplus of the Lands and chattels of the said Earl from thenceforth hereafter. And it is therefore awarded that as well the said manor of Flaxflreet, and the ten marks of rents aforesaid with the appurtenances be reprised in the King's hand to hold to him, and his heirs as he held the same before the gift to the said Earl, so as the Charter, the pardon, and Confirmation of the purchase of the said fifty pounds of rent be certain in the hands of the King, and his heirs in firm as it was before the purchase, and it was since to the said Earl, and that the issues & profits received or owing to the use of the said Earl as well of the said manor o●Faxfleet, and the ten marks of rent as the Issues and profits of the said fifty pound of rent, which he thereof had taken by reason of the purchase aforesaid, be levied to the use of our Lord the King of the Lands, and chattels of the said Earl from henceforth. And as to the Article containing the Provisions of Saint ANTHONY▪ for that the Master of the House of Saint Anthony in which the profits were taken as proved in England was a schismatic, and taxed for moving the King and power of France and by such repute as then and yet is taken to be, wherefore all the said profit ought to appertain to the KING as of a schismatic and alien, which thing of reaso● ought to have been made known by the said Ea●le, before he demanded of the KING the said profit, and he k●ew expressly that he demanded it for ●is son as an hospital, and alleged not in his answer, that the King when he granted the profit was informed of the matters aforesaid: and also in that, that when he was such an Officer as beforesaid, he sent to the Court of Rome to have the same profit for his son of the Collation of the Pope (as benefice of the holy Church) and to have also the profit out of the King's hand by the Sea apostolical (as the Record termeth it) and he denies not that he received of the said profits four hundred pounds per annum, alleging that he rendered to the KING the s●me, and that after the said Earl had made a bargain● to have the provision which he claimed of the said profit in England of the Pope, a hundred pound per annum of the said provision to him and his son 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 son he took surety of the provision by recognizance and Obligations of divers sums, 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 shown, that all the said profit ought to have rested in the King's hand for the causes aforesaid, at least until it had be●ne discussed whether the said profit were the benefit of holy Church grantable by the Pope: or appurtenant to the K. by reason of schismasy and endemnity of the said Master, and he alleged not in his answer, that the King was clearly informed of the matters aforesaid: wherefore it is awarded that the said four hundred marks per annum in time, that the said profit was so granted to him by the King until the time that he delivered the same profit to the said provision, as also the said 100 l. a year received also of the s●id provision until the same be levied to the use of our Lord the King of his Lands and cha●tells, and that all the profit which should of late appertain to the said Earl by reason of the said recognizance, or of other Obligations, and Covenants also made in surety of payment. And as also to the 1000 marke●, which he had alleged that he paid to the King for the said Exchanges. It is awarded that the said 1000 marks remaining in the hands of the King, as part of payment of the fine and ransom th●t the said Earl shall likewise make to the King, before he be delivered from prison. Ex rotulo Parliamenti Anno 5. H. 4. N. 11. ITem Friday the last day of February, the Earl of Northumberland came before the King, and the Lords and Commons of Parliament, and there the Chancellor of England showed how on Tuesday last passed he had been before the King, the Lords and Commons in the same Parliament, and there beseeched the King as he had done at other times at his coming before him in York, 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 laws and Statutes as legiance demandeth as by a Petition by him preferred in Parliament, written in English, whereof the Tenor ensueth may appear more at large. To my most dreadful and sovereign liege LORD. I Your humble liege, beseech your highness to have in remembrance my coming to your highness, to have in remembrance my coming to your worshipful presence unto York of my free will by your goodly Letters, where I put me in your Grace, as I that nought have kept your laws and Statutes, as liegeance asketh, and especially of gathering of power, and giving of Liveries, as that time I put me in your Grace and yet do. And I sent it like to your highness, that all graceless should not go. Wherefore I beseech you that your High Grace be seen on me at this time, and of other things which you have examined me of, I have told you plainly, and of all I put me wholly in your Grace. WHich Petition by commandment of the King, examined by the justices for to have their counsel, and advice in this behalf by Protestation made by the said Lords, that the judgement appertained to them only, and after rea●ing and understanding of the same pension before the Lords, as Peers of the Parliament, to whom such judgements appertain of right to hear and understand by the Statutes made in the 25th. year 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 Earl hath done contained in the said Petition, are not treason nor Felony but only trespass, for which trespass he ought to make fine and ransom according to the King's pleasure, wherefore the said Earl most humbly reverenceth our Lord the King, and the said Lords, the peers of Parliament concerning the right judgement, and further the said Earl prayed our Lord the KING, that in affirmance of those matters he might be purged from all suspicions, and prayed to be judged de Novo, in the presence of the KING, and of the LORDS and Commons in Parliament; the said Earl took his Oath upon the cross of the Archbishop to be faithful and loyal liege man to our Lord the King, and to his eldest son and to the heirs issuing of his body, and to his brothers and their Issue successesively and inheritably, at which time if the King would command him, he should be ready to show and declare that which he knows in that he half, and set forth the truth thereof. And that our Lord the King might not be deceived, the said Earl was present and (charged in his liberty) the said Earl upon his Oath which he had made upon the said cross setteth forth and declareth openly in Parliament that, which he knoweth in this matter upon which charge to him given the said E. saith. That at the day of trial of his life he knew not of the Dukes and Bishops, and other Lords any thing that ●ounded in derogation of the honourable estate of the K. and of his royal Majesty, but that they were and are to him good and lawful Lieges, and that for such our Lord the King may hold and repute them, and may faithfully put his trust in them in peril of his life, and by the Oath which he● had made as before said. And moreover the said Earl of Northamberland humbly beseeched the Lords, and Earls and Commoners, that they will beseech our Lord the King of his grace towards him concerning the fine and ransom, and if at any time he do 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 battle 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 be 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 firmly in their force and virtue. Ex rotulo Parliamenti Anno 31. H. 6. N. 26. ITem the Friday the 15. of February it was opened, and declared to the Lords spiritual and temporal being in the Parliament chamber, by the counsel of the Duke of York, that whereas Thomas Thorpe the monday the first day of August, in the reign of Henry the sixt 30. cam● to the place of the Bishop of Durham, and then and t●ere took and bore away certain goods and ●attle of the same Dukes against his will and licence, and thereupon the said Duke came and took an action by Bill in Mich: term last past, against the said Thomas in the Court of Exchequer according to the privilege, for so much as the said Thomas was one of the Court, to which Bill the said Thomas willingly appeared, and had divers days 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 sheriff of Middlesex returnaeble in the said Exchequer, and thereby the jury that passed between the Duke and the said Thomas, it was found that the said Thomas was guilty of the said trespass contained in the said Bill, and the same jury assessed the damages to the said Duke, of the said trespass to a 1000 l. and for his costs 10. l. And thereupon judgement was given in the said Exchequer, and the said Thomas ac●●rding to the ●ourse of the Law was committed to the fleet for the fine belonging to the King in that behalf. And thereupon it was prayed humbly on the behalf of the said Duke: that it should like their good Lordships, considering that the said trespass 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 process of Law judgement 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 be relieved by privilege of Parliament, ere the time that the said Duke be satisfied of his said damages and costs: the said Duke should be without remedy in that behalf, That the said Thomas according to the Law, be kept in ward according to the time, that he have fully satisfied and contented the said Duke of his damages and costs; the said Lords spiritual and temporal, not intending to impeach or hurt the liberties and privileges of them, that were come for the Commons of this Land in this pr●sent Parliament, but equally after the course of the Law to minister justice, and to have knowledge what the Law will weigh in that behalf opened, and declared to the judges the premises, and asked of them whether the said Thomas ought to be delivered from prison by force and virtue of the privileges of Parliament or no. To the which Question the chief justice in the name of all the justices 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 been used aforetime that the judges should in any wise determine the privileges 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 privilege belongs to the Lords of Parliament, and not to the judges. But as for the Declaration of proceedings in the lower Courts in such cases as Writs of Supersedias of privilege of Parliament, to be brought and delivered to the said chief justice, he said there be many and divers Supersedeas of privilege of Parliament brought into the Courts, but there is no general Supersedias brought to surcease all process, but if there should be, it should seem that this high Court of Parliament that ministereth all justice should let the process of the common Law. and so it should put off the party complainant 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 be 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 attorney, so that they may have their freedom, and liberty freely to attend the Parliament. After which answer and declaration it was throughly agreed, assented and concluded by the Lords spiritual and temporal; that the said Thomas according to the Law, should remain still in prison for the causes above said the privilege of Parliament, or that the said Thomas was Speaker of the said Parliament notwithstanding, and that the premises should be opened, and declared to them that were common for the Commons of this Land, and they should be charged and commanded in the King's name, that they with good haste and speed proceed to the Election of another Speaker. The which premises for as much as they were matters in Law, by the commandment of the Lords were opened, and declared to the Commons by the mouth of Walter Moil one of the sergeants at Law in the presence of the Bishop of Elie, in the King's name, that they should proceed to the Election of another Speaker, with all godly haste and speed, so that the matter for which the K. called this Parliament, took good and effectual conclusion and end. ITem 16. die Febr. tunc prox. sequenti praefati Communes; & quidam de sociis suis declaraverunt dominis spiritualibus & temporalibus 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. Qu●bus per domi●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 expeditionem negotiorum Parliamenti praedicti cum omni diligentia proced●rent, Judgements upon Writs of error in PARLIAMENT. IF erroneous judgements be given in the King's Bench: ●ot. parl. 30. ● 3. Art. ●8. or in the Exchequer Chamber upon the Statute of 27. Eliz. cap. 18. the party may have his Writ of ●r●o● retureable in Parliament, ●2. E: 3. fo: Hadlowes' case parl. 1 R: 2. m. 3. Art: 28.2 R. ●. Art. 19.20 ●: 2 Art. 26. the case ●ase of the ●ate of the ●arle of Sa●i●bury. ●arl. 15. R. ●. m 5. Art: 23. & ●6. Art. 8 ● 17. Art: ●3 & 18. the case of the Dane, ●nd Chap●aine of ●●chfield ●nd the pray of New●ort ●annell, ● H. 7. fo: 10 Flower●●ens case. but not upon judgement given in the Common Pleas until the same be ●ever●ed or affirmed in the King's Bench, as it was answered in Parliament under ●dward the third, in the case of the Bishop of Norwich. upon the Writ of Er●or the Lord chief justice of the King's Bench is to bring in the Record, and a ●ra●script of it into the Parliament, and the●e leaveth the Transcript ●ut car●●e●h the Record b●ck and there●p●n the Er●ou●s bei●g assigned: or as some Examples are befo●e the Assignamus of the Errors. order is to be given that a Scire facias be awarded against the Defendant, upon whose appea●anc & examination of the Errors by the Lords, the judgement is either affirmed or reversed. AFter the Record thus brought in, Clericus Parlïamenti habet inde Custoaiam & per duos tantum & non per Communitatem assignabitur Senescallus, qui cum Dominis spiritualibus ac temporalibus per con●ilium Justiciariorum procedat ad err●rem corrigendum. In which words it is observed; that the Lords have power to make a Delegation of their jurisdiction to a person chosen out of themselves, as a Steward to judge for them, as also they did in their proceedings against Gomemz, and Weston under Richard the second, when they ap●ointed the Lord Scroop for Steward of the Parliament to arraig●e the Offenders, but this rests at their pleas●re whether they will judge themselves together, or so appoint a Steward. MEmorandum quod Christopherus Wray miles capital. Justiciarius de Banco Regis se●u adduxi● in ●ar. in camera parl inter duos bred de errore & billa de regina indors. ac rotulat In quibus continebantur placita & processus in quibus suppon●bature●ror, & ib. reliquit transcript totius recordi ci● Cler. Parl. & super hoc venit Richardus Herbert. Ioh. Awbr●y, Willielmus filiam & ●imon Brow●e in propriis personis suis in Parliamento, & statim dixerunt quod in recordo & processu praedict. in redditione Iudic●i praedict. manifestè est erratum in hoc quo● postquam Iudicium praedict. in loquela praedict versus praefat. Thom. Gomiel redit. fuit & antequam praedict. Johannes. Hunt prosecutus fuit & impetravit praedict. primum breve descire facias versus praefat. Thom. Ric. Herbert & caeteros praedicto: manucaptores praedict. Thom. Gomiel nullum breve de capias ad satisfaciendum pro debito & damnis, praedict. per praefat. johannem Hunt. in Parliamento praedict. prosequendo. Et reternat. fuit versus praefat. Thom Gomiel ubi per consuetudinem Curiae dictae Dominae Reginae coram ipsa Regina à tempore contrarii memoria hominum non existit in eadem usitat. & approbat. brev. de Cap. ad satisfaciendum versus eundem Thom. Gomiel, pro debito & damnis praedict. Parl. praedict. prosequi & retornari debet antequam aliquid brev. de sci fac. versus manucaptores pr●d●ct. in loquela illa impetr●nt. seu prosequi debe et licet consue●udo, & forum captionum r●cognitionum in curia praedict. usi fuerunt in forma praedict. viz. si contigerit eundem Thomam Gomiel in Parliamento praedict. convinci, tunc iisdem manucaptores concesserunt & quilibet eorum per se concessit tam praedict debitum quam omnia damna & castag. &c. praefat. Ioh. Hunt. in ea parte adjudicentur de Terris & catallis & eorum cuislibet fieri & ad opus praedict. Johannis Hunt, levari si contigerit praedict. Thom. Gomiel debitum & damnae illa praefat. Johannis Hunt minime solvere aut se prisonae Marescall. Dominae Reginae coram ipsa Regina ea occasione non reddere &c. Et petiere iidem Rich. Herbert & alii praedict. quod Iudicium praedict. & processus super bred de scire fac. prosecut. in curia Dominae Reginae coram ipsa Regina revocetur adnulletur. & peni●us pro nullo habeatur. Et super hoc Domini per consensum justitiariorum post longam & maturam deliberationem cum consensu adjudicaverunt quod judicium praedict. & processus super bred de scire fac. prosecut. in Curia dict. domin. Reginae coram ipsa Domina Regina revocetur, adnulletur & penitus pro nullo habeatur. CHAP. V. Bills passed and Judgements given without assent of the Lords spiritual. Under Edward the third a Petition of the Commons was thus. ●ot. parl. 20 ●: 3. n: ●3. ●5. 38. See ●lso to this ●liz. stat: C●rl: & 25. E: 3. stat: d●●rovision. ITem we are not willing to suffer that payment be made to Cardinals for their juornying into France, for to treat out of the realm of England. THe answer is, as to the dispenses of Cardinals; it seemeth ●o all the Baronage and other sages of the King's council, that the Commons demanded reason: and for that they are agreed that it shall be so. The like is there in the two Petitions of the Commons against the Clergy, carrying money to Rome, and Cardinal having benefices here, divers Ordinances against the Church of Rome are agreed by the K. the Lay, Peers, & Commons, but all the Prelates made Protestation of not assenting or doing what may be, or turn in prejudice of their Estate or Dignity. The power and direction for justices of the peace is ordained at the complaint of the Commons by the King, by the assent of the Lords temporal: And so also divers times without mention of the Lords spiritual, who indeed under Edward the 3 protested that they had not to do with matters of keeping the peace. THe Commons exhibit a Petition against Procurations from Rome, Rot. Par. 3. R. 2. M. 3. N. 37. fine 12. & benefices obtained by Letters thence, &c. It is ordained & established by the K. by the advice and ass●nt of the Lords temporal, that no Benefice is to be had here, but by guilt from the King's Subjects, &c. and if that any do contrary to this Act, he should incur the danger of a praemunire given by the Statute of 27 E. 3. A Petition in these words. Item, Rot. 11. R. 2 M. 2. Act. 34. part. that the appeals pers●ites, accusations, judgements had and rendered, &c. should be good, notwithstanding the Lords spiritual and the procurato●s of the Lords spiritual absente● themselves out of Parliament, in time of the said judgements rendered for salvation of their e●tate: As it is contained in a Protestation, by which the Lor●s spiritual and Procurators were in this present Parliament, &c. The King granteth it, And the Protestation of the Clergy is entered as, followeth. For as much as certain matters were moved in this present Parliament, touching openly the crime of the Archbishop of Canterbury, and the other Prelates of his Province, who made Protestation in the form and words which follows. IN Dei Nomine, Amen, Cum de Jure & consuetudine regni Angl. ad Archiep. Canterbur. qui pro tempore fuerit, nec non caeteros suos suffragandes, Confratres & Coeptis. Abbates & Priores, aliosque Prelatos, quoscunque per Baroniam de domino Rege tenentes pertinet in Parlimentum Regis quibuscunque ut pares regni praedicti personaliter interesse ibidemque de regni negotiis & aliis ibi tractare consuetis, cum caeteris dicti regni paribus & aliis consulere, ordinare statuere & definire ac caetera facere quae Parliamenti. Tempore ibid. incendet. faciend. in quibus omnibus & singulis nos Willielmus Cant. Archiepiscopus totius Angl. Primas & Angl. Sedis Legatus, pro nobis nostrisque Suffraganeis, Coep. & confratribus, nec non Abbatibus, Prioribus & Prelatis, omnibus supradictis potestat. & eorum quilibet potestatur qui per se, vel procuratorem si fuerit modo presens & publicè & expresse quod intendimus & intendi volumus, ac vult eorum quilibet in hoc presenti Parliamento & aliis ut pares regni praedicti more solito interesse considerare tractare, ordinare, statuere, & definire, ac caetera exercere cum caeteris jus interessendi habentibus eisdem statu & ordine Juris; & eorum cuilibet in omnibus semper salvum verum, quia in praesenti Parliamento agitur de nonnullis materiis, in quibus non licet nobis alicui eorum juxta sacrorum Canonum instituta, It was ordained in a council held at Westminster, that no Clergy ma● should Agitare judicium, and he that did, was to be deprived of his dignity and Orders, Roger de Hovenden in H. 2. page 30.10. & Gervas. quomodo libet personaliter interesse; eo propter pro nobis & eorum quolibet protestamus, & eorum quilibet hic presens etiam protestatur quod non intendimus, nec volumus sicuti de Jure non possumus nec debemus intendi, nec vult aliquis eorundem in praesenti Parliamento, dum de hujusmodi materiis agitur vel agetur, quomodo libet interesse, sed nos & eorum quemlibet in ea parte penitus absentare in re paritatis nostrae, & cujuslibet eorum interessend. in dicto Parliamento, quoad omnia & singula ibidem exercenda juris, & eorum quilibet Statu & ordine in omnibus semper salvo. Ad hoc insuper protestamur, & eorum quilibet protestatur quod propter hujusmodi absentiam non intendimus, nec volumus, nec eorum aliquis intendit, nec vult quod habet processus, & habend. in praesenti Parliamento, super materiis antedictis. In quibus nec possumus, nec debemus, & permittitur interesse quantum ad nos & queml●bet eorum attinet futuris temporibus, quomodo libet impugnentur infirmentur seu etiam revocentur. Which Protestation read in full Parliament by the commandment of the King, and Assent of the Lords temporal and Commons, In like manner make Protestation the Bishop of Duresme and Carlisle, mutatis mutandis. This was upon the occ●sion of the appeal of Treason in the same Parliament commenced by Thomas Duke of Gl●ucester, and others, Rot: process. & Judicii prob. 11. R. 2 against Alexander Archbishop of York, Robert de Vere, Duke of Ireland and others. But although they thus absented themselves, Rot. Parl. 2 H. 4. & Rot. Papl. 2. H. 5 they made no proxy at this time to assent in their room; as afterwards they agreed to do in cases of judgement of death. But the first use of such proxies is in the 21 o●Rich. the 2. neither at all are such proxies, or assent of the Bishops. For under H. 5. the Earl of Salisbury by Petition in the nature of a Writ of Error, showed that the Attai●der of John the late Earl, father to the P●titioner in the second of H. the 4 might now be reversed, and amongst the errors assigned, one was, that he had been adjudged sans assent in Parliament, Rot. Parl. 13 H. 2 Act. 24 Holest● in Reg. Courtney, 332. but it was in Parliament now adjudged that it was no error. The Archbishops of Cant. and York, for themselves & their Clergy make Protestation not to consent to any Statute made in this Parliament, Quatenus ea in restrictione potestatis Apostolicae aut in eversione Ecclesiae dignitatis tendere dignoscuntur, which at their request was enrolled in Parliament, yet an Act passed at that Time and is public against the Popes giving of Benefices by way of provision in England. Dyer ● Eliz Parlia. yet the Act of this year as of most others, is domin. tam spiritualium quam temporalem assensu. 7 H, 8. f. 104 b. vel 184 b In the beginning of Queen Elizabeth's reign, when divers Acts passed touching matters of the Church, as Service and Sacraments▪ and Church-possessions, &c. the bills passed, Dissentientibus, All the Bishops as it is especially entered in the journals, with particular enumeration of all their names. Whereunto may be added that assertion of the judges in that deliberation had under Henry the eight, touching the power royal in the Church, as the words were reported, That our Lord the King may well enough hold the Parliament by himself and all his temporal Lords, without the spiritual Lords, etc, CHAP. VI. Their appointing Judges out of themselves for examination of Judgements and delays of other Courts. THis is given them by a Statute of Edward the third, in these words. Stat. 14. E. 3. cap. 5. Likewise for that many mischiefs are come, &c. That divers places, as well in the Chancery as the King's Bench, Common pleas & the Exchequer, the justices assigned, and other justices to hear and determine the judgements, wherein have been delays sometimes by difficulty, sometimes by divers opinions of the judges, and sometimes by other occasions, it is assented, established and agreed, that of the Commons before said, in every Parliament there be one Prelate, two Earls, and two Barons that shall have Commission and power of the King. Which privilege is now taken away from the Prelacy, by Act of Parliament, Anno 17. Car.) to hear by Petition to them delivered, the plaints of all those which complain of such delays, or grievances done to them, and that they have power to cause to come before them at Westminster or in any other places where the parliament shall be holden, and the Courts of records and processes of such judgements as are delayed; and shall cause to come before them the same justices, who shall be there present to hear the cause, and their reason also heard by good advice of them; the Chancellor, three justices of one Bench, and of the other, and others of the King's council. And in the same Parliament accordingly, the Archbishop of Canterbury, the Earls of Arundel and Huntington, and the Lord Woake, and the Lord Basset were assigned to the same purpose, and although the justices, Chancellor, Treasurer, Privy seal, and others, had before taken Oath, &c. Yet it was ordained that those of the Baronage assigned, shall give them a new Oath, and increase and diminish the Ministers of justice, as they shall see Cause. CHAP. VII. Their Tenants of ancient tenancies, being discharged of paying, the charges of Knights of the shire. Rot. Parl: 28. E. 3. petit. 7. THe Commons exhibit a Petition, that whereas the tenants of the Lords that did hold by Barony, and summons to the Parliament might not be discharged of paying towards the expenses of Knights, &c. 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, 28. E. 3. petit. 7. touching the same thing, under Richard the 2, it is supposed that all aught to pay, but those which come in Parliament by summons, by writ, 28. E. 3. art. 20. and do stay there at their own charges, &c. In a Petition afterwards, Parl. 15 R. 2. art. 37. it is supposed that the tenants of such lands as were immediately held of the Lords of the Parliament, contributed not to those expenses but it is complained against, and the answer is only, Let it be as at other times, and if that any found himself aggrieved he should have remedy in the Chancery, yet by a Statute which is not in the rolls of three years before, Stat. 12. R. 2. c. 12. & H. 4. fol. 1. the Tenants of the Lords themselves shall pay for such lands, as of late times they have purchased before being contributory. To this belongs that in Fitzherbert, The villains of Lords, Nat. Brev. fol. 228. which come to Parliament shall not be therefore contributory to the expenses of the Earls, which come to Parliament. And to this purpose the Lords may by Letters in their own names command the sheriff that he distrain not their villains. THE SECOND kind of their privileges. Privileges, or special Rights, that concern 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, 17 Johan. reg p. 35 41 H. 1. Idem pag 1395. & 1315.3. H. Ro. Parl. 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 required used in taking the oath of all the Barons for the maintenance of the great Charter, Rot. Parl. 7 ●t 8. H. 4. M 4. art. 66: & H. 4. rot. Parl. 39 ●tat. 21. R. ●. c. 3. & 4. and the like was under King John and H. 3 as also swearing of the Lords in Parliament in the time of H. the 6. that they should not take parts in the great controversy between the Earl Martial, and the Earl 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 highness and excellency of his honourable person; As the words are in the Roll, Rot. Parl 1 M. 7. Parl. 1 an. 14 art. ● 5. so under H. the 7. the Lords spiritual and Temporal swore 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 Archbishop of Canterbury challenged, that neither he nor his predecessors were compellable to any oath, Dyer, 15. H ●. Parl. Stat. Jac. 14. & 7. ●ap. 6. but to the K. and this kind of Oath is frequently taken by such Barons as undertake the great Offices of the kingdom, and they are all liable to the like by their tenures, by fealty and by Statutes of the Oath of allegiance, but of these kinds of Oaths for the Supremacy they are discharged by the first Statute that gives it; Stat. 15. Eliz. c. 4. vel. 1 and in the case of essoins wherein by the ancient Law, the Essoiner was to swear that the party Essoined should appear 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. Lib 5. c. de Essoniis, c. 2. & 3. etc 9 fo. 281. Assentary Oaths are in Cases of trial by 12 or 24 witnesses defendants, 1 Henry 4. fol. 1. a 10. E 4 fo. 6. H. 8. fol. 12. a Stamford, lib. 3. Cap. 1. Cook, Liber 3. fol. 30.6. which proceed by Bill and Answer. Plaintiff●s examined in actions of debt brought upon arrearages of account in cases of trial by 12 they are discharged of the Oath that is in cases of trial of their peers, 48. E. 3. fo. 30.16. lib. Ass. 35. H. 6.46. a. 22. E 3 fo. 18. a 27. H. 8. fo. 22. Cook ●ib. 6 fo. 53. in which they answer guilty or not guilty, only upon honour for in other trials 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 justices of Oyer and Terminer upon an inquiry to be made by them, Regist. orig f. 179. b. Fitz. Nat. bred f. 165. eodem Parl. in arce London 20. E. 1 Coram Rege, Ret re●ep. Scaccarii. and others of certain outrages committed by Cilbert of Clare, Earl of Gloucester, against Humphrey of Bohun Earl 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, Art. in f●ro deleg. 1550 in the proceedings against Gardiner Bishop of Winchester, upon a special Commission from the King, the then L. Chancellor, and marquess of Northum. and the Earl of Wiltsh. and Bedfora, are examined only upon their honour or sometime upon allegiance or fidelity to God & the K. and this was upon the special privilege of such persons, for both by the civil Laws and Common, no testimony is taken regularly but upon Oath. In Chancery in a Case between Jeffery and Jeffery, Mich. 12: Eliz in ar Cur. apud Examinar. 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, Ro. pro. 10 R. 2. & 10. in ar. Lond in the great Case between Sir Rich. Scroop appellant, and Sir Robert Gravenor defendant, touching matter of arms, the Attestations taken by Commission from John of Gaunt, the Earl of Darby, the E. of Northumberland, the Duke of York, and the Earl of Arundel, are for aught appears without oath; for whereas others are sworn the Entry of their deposition is: (Pray and requests according to the right of arms by the procurator of Master Rich. Scroop, to testify and say, &c.) And amongst others the Earl of Devonshire was examined by Commission, by John Kentwood, who in the return of his Commission and the depositions certifies the Court, that he had swore all the witnesses there being none of the Nobility but only the Earl in his return, who was not sworn, but spoke 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, Ro●. Parl. ● R. 2. art. 41: in the beginning of Rich. the 2. Barons answering to bills as Defendants. For Barons answering in Chancery as Defendants, are divers precedents of such their answers in the times of H. the 7, and Henry the eight: but there are none of that time that clears it whether they were sworn 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. But under Queen Mary, 2●. R 3. & M. & fasce in Sacello●. 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 Sackford's hand to it, who was his council. (And on the upper part of his answer where jurat. is sometimes but rarely in that Age written) These words are found, this answer is made by council and the Defendant not sworn by order of Court. Then in Queen Elizabeth's time the Lord Dacres being plaintiff against the Lord Buckhurst, and Parker, and Manwood, these two defendants are sworn, but not the Lord Buckhurst. And afterwards the Lord Buckhursts answer is inscribed per traditionem Comitissae super honorem suum. 18. Iunii Mich. 31. & 32. Eliz. So the Countess of Northumberland: In virtute honoris sui agnovit responsionem suam esse veram: as the entry is upon her answer at that time. 32. Eliz. And in the Countess of Rutland's case where she with Sir George Shaworth were Defendants about the later end of Queen Elizabeth, The Dedimus potestatem was to answer upon his Oath super Evangelia, as also a Dedimus towards the end of Queen Elizabeth, 44. Eliz. was directed to Roger Bromeley, and Richard upon the bill of complaint of one brook against George Earl of Huntington to take his Oath super honorem, 7 Sept. Mr. 42. & 4●. Eliz. &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 starchamber, and Court of Wards, it was questioned in Queen Elizabeth's 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 Montague's case, that they should and that so the course should be henceforth constant. 40 El●z apud Tothill. The like course hath been held of late in the star-chamber, as also in the ecclesiastical proceedings, and about the end of Queen Elizabeth's time in Chancery, also the Lord Wharton by a compulsory order answered there upon Oath. O●do 10. lib. 10. Ja●. in Chanc. And within these few days the Earl of Shrewsbury was ordered to answer upon Oath to one revel being plaintiff there, and divers Noble men have been sworn to their answers in Chancery since the beginning of the King, and some in Queen Elizabeth's time also, Mic. 4. Iac. Mic. Winton 5. Com. Pemb. Pas. 6. Com. sinc. Hill. 7. Com Dorset. & Dominus Russel Pas. 5. Jac. Hough●on 1. Eliz. Butter vers Dom. mordant M. 13. & 13 Eliz. Campz. v. Com. Bedfo●d-Mich. 21.22. Eliz. ibidem Butvers Dom. Rich. Hill. 4. Viscount. Mountag: &c. H. 3. & 4. neither is the time of Queen Mary and Edward the sixt wholly without example, but the sum of all seems this that according to the claim of the Barons in 20. E. 1. they were not anciently till about the end of Queen Elizabeth, or the time of King James, and of our present sovereign compellable to swear 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 privileges in this case, voluntarily took the Oath, and others standing upon their ancient right, put it in only upon honour, as also we see in that case of Gravenor and Scroop, and Alice Pierce under Richard the first, for it were not a special privilege it will fall out, that in all the Examples where they were not sworn, the judges committed great Injustice in receiving their answers, and depositions without oath, if they had not been subject by compulsion to an o●th, no otherwise than if a judge of the Common Law should admit evidence given to a jury, 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 showed that they were voluntary sworn, 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 settled in them. Examined as plaintiffs in actions of debt upon arrearages of accounts. BY the Statute of 5. Henry 4. cap. 8. In actions of debt upon arrearages of accounts, 3. H. 6. fol. 43. & 44. the judges have power to examine the attorney of the plaintiff, or whom they please, & this examination was meant, and hath been practised upon Oath, yet in action brought by the Lady of Abergavenny, being a Baroness against another in the time of Henry the sixt: when the counsel of the Defendant desired that the plaintiff might be examined, Cockanie the justice said that they should not do well to make her being a Baroness, come to be examined. And how ever the Statute were general for high as well as low (as the words of the books are) yet he saith the Law will be otherwise, and different between another common person. Of the form that was used in swearing of spiritual and temporal Barons. IN the form of swearing the promissory Oath, Rot. parl. 1 H. 7. part. 1. M. 14. M. 15. parl. 15. E. 3. N. 43 Circa E. ●. de Templo in Anonimi Chron. a difference hath been amongst the Barons of Parliament, the temporal Barons under Henry the 7. swear with their hand upon the book, the spiritual with their hand upon their breast, first the one tactis the other vis●s Evangeliis: Anciently this Oath was taken by the Lords in the house upon the archbishops cross. To this day the spiritual Lords have challenged it, Gal. observ. prac. 100 fol. 22. & sometimes have used to swear visis only as a thing to be done by the privilege of the Church. But there is the Testimony that shows, that all the Bishops in a provincial synod did swear here their juramentum corporale which is tactis & howsoever if it be a privilege of Nobility in some other States or of Gentry to depose by writing without a corporal oath, as in Bohemia, Austria Bavier &c. yet there is no sufficient certainty, with us for a● established difference of form in swearing. CHAP. II. trial by peers. Not in appeals 10. Eliz. 4. b. lib. in tract tit. appeal de mort. 7. Stamf. &c. IN all cases of Treason or felony, or misprision of either of these offences, a temporal Lord of Parliament is to be tried only by his peers, if arraigned by indictment per Judicium parium suorum, or of 12. or more temporal Barons of Parliament. This holds as well in all cases made Treason or Felony by Statute, 1 H 4.1. an. 10.4.6.13 E. 4.12. an. Stamf. lib. 3 cap. 1. Cook lib. 9 fol. 30. b. as received anciently to be so by the Common Law, as justice Stamford expressly affirmeth, although usually in Statutes which make Treason or Felony a special clause be inserted for peers to be tried by their peers, as also to the now trial where perhaps more need was of such a clause, stat. 4. Iac. cap. 1. upon the Statute of remainder made for trial of offences committed by the English in Scotland; It is added that if the Offender be a peer of the realm, than his trial shall be by his peers; And this is clear for all temporal Barons and their Ladies; but it hath been doubted whether the same Law be in case of trial of spiritual Barons or no, and without doubt one special Argument among others hath been made from the name of peers some concluding thus: spiritual Barons are no peers: stat. 20. H. 6 cap. 9 Cook. lib. 6. fo. 52. b. therefore not to be tried by their peers, others for the other part thus, spiritual Barons are Peers therefore to be tried by their peers, but of these two Arguments, the first is false in matter, the second in form. For the first it is true and plain, that spiritual Lords have been peers, and of the antecedent false: the Testimonies justifying them to have been, so are very frequent in the Bish: of Winchester's case, who departed from the Parliament at Salisbury, about the beginning of Edward the third: and was questioned for it afterwards in the King's Bench, he 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 year books, Pas. 3. E. 3 c●ram rege Rot. 9 Rep. he is supposed clearly both by the Court and council to be a peer. 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 book are) that a Bishop is a peer of the Land. 3 E. 3 fo. 186 p●: 28. Et haec erat causa &c. And in a like case upon an Action of trespass against the Abbot of Abyndon who was one of the Lords spiritual, 13. E. 3. tit. Enquest. 43 tit. challenge. day of Grace was denied against him, because he was peer de la terre. So expressly upon the Question of having a Knight returned into a Jury where a Bishop was Defendant in a quare impedit, Plowden Com pl. 117 & ve. Hill. 8. E. 3. Ro●. 23. coram Rege. the rule of the Court was that it ought to be so, because the Bishop was a peer of the realm. So the judgement given against the Bishop of Norwich in the time of Richard the second, he is in the roll expressly allowed to be a peer, for he had took eeceptions that some things had passed against him without assent or knowledge of his peers of the realm. To which exception the answer was, It behooves you not at all to touch your Prelate of only certain misprisisions, which you as a soldier of the King, &c. have done and committed, &c. Here is to be avoided that challenge of Stafford, Archbishop 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 assignment of the errors under Henry the fifth, for the reversal of the Attayndor of the Earl of Salisbury, one error is assigned that judgement was given without assents of the Prelates which were peers in Parliament, and that although that were adjudged to be no error, yet it hath been allowed clearly in the roll, and the Petition that they were peers. Stat. 4. H. 5 ca 6.33. H. 8. Trial 141. So in an Act of Parliament under the same King, the Bishops and archbishops, and archbishops of Ireland, are called Peers of that kingdom, and divers other passages occur touching this name of Prelate, neither could any scruple be further made of it, until the passing of an Act of this Parliament. 17. Car. 1641. But as this is clear that they were peers, so also it is clear that they were not by the lay to be tried, as temporal Barons by their peers, and the conclusion of the contrary drawn (as before) out of that that they have been Peers, is wholly without consequence, this having been a point of the common Law, as it is distinguished from Acts of Parliament, which falls out generally to be only the known and received custom within the kingdom, if the practice and custom within the kingdom be therein observed, the point of Law may be soon resolved. In the practices and customs divers Bishops are found to have been arraigned, and legally tried upon capital offences, yet all that have been so, have had their trial only by common juries, and whether by Statute any alteration be of this common Law shall presently be examined, there being many Bishops now to be tried. THat practice and custom appeareth in particular examples found from the time of Edward the second to the age next before us thus collected; Hill 17. E. 2. Rot. 87. Dorse coram Rege & Rot. Rom. m. 6. Adam Bishop of Hereford under Edward the second, was indicted of divers Felonies, and of joining with Roger Mortimer, he is arraigned in the King's Bench: and upon question how he will be tried, 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 indictment is brought into the Parliament, whereupon his arraignment, he give● the like answer, and Walter Archbishop of Canterbury petit eum, & ei liberatur, and this is commanded that he have him ready at a certain 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 jury is returned which finds the Bishop guilty, whereupon he is committed to the Archbishop and convict, and his Lands and goods are seized into the King's hands. Here was the Bishop tried by a common jury, although it appear●s both in the Record, and in the History of that time, that the whole Clergy earnestly indeavou●ed to have kept him from conviction, Thomas Walsingha● fol. 199. Transert. but no pretence of any right of trial by peers is once mentioned in this behalf, though other complaints are full enough expressed against the whol● proceedings. T●i. 30. E. 3. Rot. 11. Rep. under Edward the third John de Isle brother to Thomas Hen, Bishop of Ely, was indi●ed in Huntingtonshire; that he with divers others per assensum, & procurationem Episcop. 28. E. 3. die Lunae post festam Sancti Iacobi, burned 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 sheriff and Coroner that 29 Edward the third, the Bishop was guilty de assensu of the murder of one William Holme, slain by Ralph careless and Walter Ripton called little Watt, upon malice conceived against Holme, because he followed the suit of the Lady Wake, the principals were attainted by outlawry, the Bishop was arraigned, and upon question how he would be tried dicebat quòd ille est membrum Dom. Papae, & quòd ipse ab ordinario suo viz. venerabili patre Domino Simono Archiepiscopo Canterburi. Angli● primate. respondere non potest. Et super hoc idem Archiepiscopus prasens hic in Curia petit, quòd dictus Episcopus Eliensis de feloniis pr●dict. sibi impositis hic coram laico Iudice, non cogatur respondere, & ut sciatur inde rei veritas per inquisitionem patriae &c. precept est vicecomiti Huntingdon, quòd venire faciat coram Dom rege in Octab: sancti Mich. &c. ubicunque &c. 24, de Iust. de Somersham & idem dies datus est Episc, &c. Ad quem diem coram Domino rege venit praedict. Episc in propria persona & similitèr jurat. veniunt qui elect●, tricati, jurati & onerati, si idem Episc de assensu pr●dictorum Rand. & Walter. & de recept.. eorundem sit culpabilis, nec non dicunt super sacramentum suum quod idem Episc est in nullo culpabilis, sed dicunt quod idem Episc. post feloniam receptavit ip●os apud Somersham, sciens ipsos feloniam fecisse. Ideo inquiratur de bonis, catallis, Terris & tenementis &c. Et super hoc praedictus Archiepisc. presens in curia petit ipsum tanquam membrum Ecclesiae sibi liberari, & ei liberatur oustodiend. prout decet, and Writs were sent out to the sheriffs of all Shires where he had goods or Lands to certify them for the King's benefit, and in this Record it is observable that the jurors were tried, which proves, that the Bishop had his challenges to them at his trial. About the beginning of Henry the fourth, Thomas Merke Bishop of Carlisle was indicted of Treason before Thomas Earl of Warwick, and other justices of Oyer and Terminer in Middlesex, the Bishop standing before committed to the Tower for the same offence. Et hoc Justiciar. praedict. recognit. mandatum est constabulario Turris praedict. vel ejus locum tenenti quod corpus ejusdem Episcop. habeant, vel alter eorum habeat coram praefatis justiciariis apud Turrim praedictam die Mercurii ex tunc proximo sequente ad respondendum Domino Regi de proditionibus &c. And the precept est vicecomiti London, quod tunc venire faciat coram praefat. justiciar. apud Turrim praedict. tam Aldermannos & cives quam alios probos homines de vicineto Warder. praedict. 1. Baynard's Castle & Dougate qui praefat. Episc. nulla affinitate attingunt ad faciendam tunc ibidem deliberationem de dicto Episcopo prout moris est secundum legem Regni Angliae ad quem diem & locum, the Bishop is brought before them, and a Writ comes from the King to the said justices reciting that licet in statuto apud Westminsterium nuper edito inter caetera continetur quòd nullus Archiepiscopus, nec Episcopus coram justiciar. nostris occasione alicujus criminis impetatur absque speciali praecepto nostro quousque aliud remedium inde foret ordinatum de advisamente tamen consilii nostri vobis mandamus quòd si aliqui Archiepiscopi, vel Episcop. coram vobis impetiti vel judicati existunt, tunc ad deliberationem ipsorum procedatis prout de Jure & secundum legem Regni nostri Angliae fore videritis faciendum, statuto praedicto non obstante, I este me ipso apud Westminsterium 28. die Januar. Anno Regni nostri primo. THis Writ being read in the Court, the Bishop was demanded how he would be ●ried, he first stands upon the privilege of the Church, to whom the justice's reply that the offence was so high, that he must answer them with protestation of saving the Liberties of the Church, he pleads not guilty. Et inde de bono & malo ponit se super patriam, inde fiat inde jurat, hoc instant die &c. The jury finds him guilty, but the justices being not advised of their judgement, return him to prison, the Record was afterward removed in the King's Bench, and the Bishop renders himself to the prison of the Marshallsea; and then being asked if he had any thing to show, why judgement should not be given on him he pleads his pardon, and it is allowed him. To these precedents a Learned judge in Queen Mary's Time saith divers were agreeable. ●tamf. lib. ●. fol. 133. Among which are specially to be accounted those of the Bishop of Rochester in the time of Henry the eight, and of Cramner Archbishop of Canterbury under Queen Mary both tried by common juries: ●empore●. 8. pro trial 142. neither is there any example extant from the first memory of a legal trial of Bishops which is under Edward the second, that testifieth any trial by peers belonging to a Bishop, and accordingly hitherto it was taken clearly by that learned judge of Queen Mary's time, ●tamf. lib. ●. pag. 135. that no ancient Statute speaking of trial by peers, hath been put in ure to extend to a Bishop, or Abbot, although they enjoy the name of Lords of the Parliament, for they have (as the words are) this name of Bishop or Abbot ratione Officii being not chosen in Parliament in respect of their Nobility, but in respect of their possessions the ancient Baronies annexed to their Dignities according to which there are divers precedents, whereof one was in the time of H. the 8. where also it is as judiciously & modestly affirmed by a most learned man of this Kingdom that the spiritual Lords enjoy all legal privileges, as the temporal Barons do saving only this trial by peers. ●ambd. in ●●rdi Angl. That which may be here objected out of the Statute of the grand Charter wherein every man ought to be tried by his peers, id est, Juditium Parium suorum, or out of the Statute of 25. E. 3. by which all treasons are to be tried by men of the same condition, of which the offender is, may easily be answered; for both these anceint Statutes are now to be interpreted, as it is clearly taken in continual practice, and in the books according to the known use of the legal proceedings, and not by literal interpretation of the words, as it is plainly seen in both of them: For all Gentlemen, Esquires, Knights, bachelors and Bannerets, and at this day Bannerets are accounted peers, 1 Mar. Dyer fo. 986. Hollenshead Cron. fo. 1749. Surpleis. case. Coo. foe 40.5 not only amongst themselves, but also to all other men of the lowest condition which yet cannot be out of the force of the word, only the like appeareth in that non amercientur Comites, vel Barones, nisi per pares suos. And it is showed in the title of Amerciaments, wherein that which the Statute refers to peers is done so by judges. And this of Bishops referreth to those Statutes is only to be adjudged according to use and practise, which is the best interpreter of the Statutes and not by the mere Interpretation of the word peers. Parl. 28. H. 6. And it is most likely that if any such right had anciently belonged to them, not only they themselves, but the temporal Baronage under H. 6. protesteth by the mouth of Viscount Beaumont for their trial by peers, when William de la Poole put himself upon the King and not on his peers, in such sort as those Bishops put themselves on the Pope, and not upon any legal trial. But one particular case is here to be added touching this right singled by itself, Stat. 1. Eliz. c. 1. that is, trial by peers upon the third offence against the Statute of Service and Sacraments, under Queen Elizabeth, for the known trial by peers, is in cases of treasons or misprisions, or one of them. And trial by peers saved to the Baronage in the Statute of new treason of felony hath reference only to the known use of such trial, 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 peers, are likewise (and none else) to be tried by their peers for new treasons or felonies, and therein the spiritual Lords are equally excluded. But this of the third offence, against that Statute, is neither treason, felony nor misprision, but a trespass, punished only by forfeiture of goods, and perpetual imprisonment. In which Case this act saith without reference to the use of trial by peers, 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 peers. CHAP. III. Scandala Magnatum. IF any person shall divulge false Tales of any of the Lords of Parliament, by which dissension may be betwixt the Commons and them, the offender is to be imprisoned until he bring forth the Author, but this also is communicated to the grea●er Officers of the Kingdom. CHAP. IV. process 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 bills that are exhibited against them. But whether upon a Barons not appearing on a Subpoena, an attachment may be awarded hath been a question, neither do I find it clearly resolved otherwise than that in later times, the practice 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 be taken against him, Laurence jennius li. 2 a Cromp. Iuris●. f. 33. and upon good and deliberate advice taken by the Court, having the opinion of some of the judges herein, an attachment was awarded to the sheriff of Norfolk and returned so and the sheriff had his costs for bringing him. This attachment was awarded in Michaelmas term and in Hillary term 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 council, and judges, and it appears not (as the words of the journal book are) that by the Common Law or by any precedents of the said Court of Chancery, Dyer, Par●. Jun 14. Eli. & Dyer fo. 314. & 315 it was warranted that the person of any Lord having place and voice in parliament (in the like case) in the said Court of Chancery before this time had been attached, and therefore they took it to be against the privileges of the Lords of this Kingdom, and he was discharged. But for that of attachment upon Subpoena, Rot. Parl. 3. H. ●. parl. 1. M. 2. N. 46. Rot. Parl. 15. H. 6. N. 25. & Parl. 2 H. 2 art: 69. and in the course of proceeding against noble men by such Writs or bills 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 justify 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 chaplains qualified. BY the Statute of Pluralities, every Archbishop may have eight chaplains that may take dispensations for a plurality, but for the plenty of scholars 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 marquess and Earl, may have 5 chaplains. Every Viscount, may have 4 chaplains. Every Bishop, may have 6 chaplains. Every temporal Baron, may have 3 chaplains. Every Duchess, being widows two. Every marchioness, being widows two. Every Countess, being widows two. Every Baroness, being widows two. CHAP. VI. Their retaining of Strangers. A Baron of the Parliament may keep six strangers borne out of the King's obeisance at one time, whereas another man may retain not above four. CHAP. VII. Clergy. Under Edw. the sixt, a privilege was given to the Nobility, that in all cases where a common person, as a clerk convict shall and may have benefit of his Clergy, and in all cases where privilege of Clergy is restrained, or taken away by that Statute except in wilful murder, that is, Burglary, Robbery, by or near the highway, stealing of Horses, and sacrilege; a Lord of the Parliament and peer of the realm should at the first offence, only of common grace without prayer have benefit of the Clergy, and stand as a clerk convict to make purgation, although he cannot read. Parl. Cor. lib. 2. fo. 130. a. 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 near the high way, 5. E 6. c. 9 3 Burning of Houses or barns, petty treason, 5 Phil & Mar. c. 4. 4 Stealing of 5 s. in any dwelling house or any place adjoining, 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 King's forests. QVicunque Archiepiscopus Comes vel Baro veniens ad nos, per mandatum nostrum 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 coming of a Lord by summons to the Parl. by process out of the Chancery, King's bench or otherwise, where the return is Coram Rege. CHAP. ix.. Amerciaments. IN case of Amerciaments of Barons of Parliament upon nonsuits, or other judgements, ending in misericordia, there is a special course, both for the sum and the way of assertaining of it, which differs from the Amerciaments of common persons. 38 E. 3 fol. 3●. a. 24. ●. ●. f. ●1 b. 1. H 6. 7a 9 H 6 f. 2 b 19 E. ●f 9 a. 21. E. 4. f. 77 b. For the sum, the Amerciaments of an Earl, or spiritual, or temporal Baron is equal, that is, 5 l. of a Duke, 10 l. and the sessing of this is by the King's justices, before whom the action dependeth. The justices in this place supplying the room of peers, by which according to the grand Charter they are to be amercied, as expr●ssly it is affirmed in the judgement under H. 6. against the Earl of Northumberland, where the words of the justices are, Insomuch as an Earl is a peer of the Re●lme, 1. H. 6. f 7. b. Cook l. 8 f. ●. Gr●sseys case. he shall be amercied by his peers, according to the Statute▪ and therefore we put not the Amerciament i● ce●taine. And thence and thus is the grand Charter to be understood that saith, C. 4: li. 3. De Cor c. 1. fol. 116. b. C●mites & Barones non amer●ientur, nisi per Pares suos, but continual usage hath thus (as before is showed) interpreted that privilege and so hath the practice been, and thence was it under E. 2. a writ was directed to the justices of the Common pleas that they should not amerce the Abb●t of Crowland, tanquam Baro, Claul. 15. E. 2. m. 12. because he did not hold per Baroniam, aut partem Baroniae. For this of Amerciament while there were no other Titles of greater Nobility but Earl and Baron, which was in the time of E. 3. who created the first Duke in England, as Rich. the 2. the first marquess; and H. 6. the first Viscount. And the Amerciaments of the Lords of the Parl. were all at 5 l. whence also is generally so affirmed in the Statutes of Ireland under H. the sixt, that every Lord that is called L. of Parl. in all places as well personal as real, in which amerciaments do lie, shall be amercied at 100 s. But when other dignities were made, and it seems according to the proportion of the releifes, paid by those new dignities, for a Duke is to be amercied at double the sum of an Earl that is 10 l. as his relief is double, which is 20. CHAP. X. No process in civil actions to be awarded against the body of a Baron. NO baron of the Parliament or Baroness is to be arrested by Capias upon action of debt, account, 11. H. 14. a. Cook lib. 6. fol. 52. b. 27 H. 8 f. 7. a. 14. a. 22. b. 29. Ass. Pl. 33 14. Eliz. Dyer. fol. 315. Trin. 1●Hen. 4. Rot. 8. Coram Rege Cromw. libr. Introt & tit. Error. utiary 20.13. R. 2. tit. return del. vîc. 74.10. H. 4. tit. process. 44.198.1. H. 5. fol. 22. b. v. Ass. 21. ●. 3 fol. 59 b. trespass or the like, but they are to be distrained only and pay issues, returned for an appearance. The reason of this was anciently, because the Capias in such Cases, goes out only upon nihil habet, returned by the sheriff which could not be for a Baron who was ever to be supposed to be seized of his Barony, by which he might be distrained and lose issues. Although the reason fails now in those that have not more than the names alone of their Baronies, yet the same Law still remains, but this limited to actions between party and party, and party for in cases of rescues, felonies, or the like, where the offence is immediately to the King, A Capias lies against a Baron of the Parl. And it is as other privileges which are legal in England, limited also to the Barons of the Parl. of England, for it appears under R. 2. that in an action of debt, a Capias was awarded against the Countess of Ormond, being one Irish Baroness, and participating of her husband's dignities as our Ladies in Eng. neither can a Baron of Ireland be tried here by the peers of Eng. for they are not his Peers, no more than the L. Zanchar might being a Baron of Scotland, who was indicted and arraigned only by the name of Rob. Creighton esquire and upon this reason, that he was no Baron of Parl. tried by a common jury. Thence it is also that an Earl, Baron, or Duke of France coming into Engl. by the King's safe conduct shall not in any legal proceedings be styled so, as appears in the time of Edw. the 1. in the case of the E. of Richmond, being then Duke of Britain, and in the case of Sir John Douglasse under Edw. the 4. And the reason why S. Gilbert Humfravill, 39 Eli. f. 35. b & Claus. 39 E. 3. m. 2 in the time of Edw. the 3. was legally to have his title in writs of Earl of Anguish, was because that in that age the E. of Anguish by that name was L. of the Parl. as it is expressly noted in our year-books. And this difference it seems hath been here between temporal dignities, and spiritual, that in regard the temporal State of England was ever held as severed and distant from other States, not at all communicating with them in civil government. Therefore foreign dignities which are of the civil part of States, had no respect given them as appears in the examples already brought. But on the other side in dignities spiritual, because there was anciently through Christendom supposed an unity in the Church. So that England with foreign Nations, and they with England (as membe●s of one body had a mutual reference to each others country) was legally valued, as Bishops in England, 19 E. 3. tit. Trial 57▪ as may be seen in that case of the Bishop of V●recht (for this is the right Name, though it be printed Vrston) under E. the 3. where being made Bishop of Vtretcht makes a Prebend of England So the Title of Cardinal was usually given in legal proceedings to such as had that dignity in England, whence also the Archbishop of Raguse being parson of a Benefice in the bishopric of Carliste, Extra. tit. derenuntia. cap. 9 ad Supplicationem. under King John was (it seems) to have been accounted here also an Archbishop for dignity, though not for jurisdiction. 13. E, 3. tit. challenge. 115 & tit. Enquest. 43. Ploud. Com. l. 117. & 1 & 2 Phil. & Mar. Dyer f. 107 63. & 4. ●l. idem f. 208 ●. 27. H. 8. ●●. b. CHAP. XI. A Knight to be returned upon every panel where a Baron is party. IN every jury impanelled between any Baron of Parl. and other person whatsoever, one Knight at the least is to be returned, which failing the array may be quashed by challenge: A testimony hereof as well for spiritual as temporal Barons is frequent. CHAP. XII. No day of grace against a Baron. 12. E. 3. f. 9 ●. 27. E. 3. f. ●8. b. 27. H●. f. 22. b. IF a Baron of the Parl. be plaintiff or defendant in any action, and the plaintiff or defendant pray a day of grace, he shall not have it against him, and this is expressly affirmed in the books. CHAP. XIII. Making deputies of places of trust committed to them. O● late years it was agreed in the case of Gilbert Earl of Shrewsbury that whereas the office of Steward-ship was granted to the Earl of Rutland, Te J●. f. 4●Cook● 〈…〉 without givi●g power to make a deputy (and this by Q. Eli●abeth) that ●et he might exercise the same Office by Deputy, by reason of the n●c●ssity that is supposed in the law to be of the Ea●l●s attendanc● upon the King and the Gov●rnment of the kingdom, the same reason is it seems for all Barons. FINIS.