CERTAIN OBSERVATIONS TOUCHING The two great Offices of the Seneschalsey or Highstewardship, and High-Constableship of ENGLAND. LONDON, Printed for L. Chapman: Octob. 17. 1642. CERTAIN OBSERVATIONS TOUCHING The two great Offices of the Seneschalsey or Highstewardship, and High-Constableship of ENGLAND. THe Seneschalsey or Highstewardship of England is known to be the greatest Office in England by reason of the authority it hath over all other Officers, which since the Norman Conquest hath long continued by descent inheritably in the Family of the ancient Earls of Leicester, was after translated to the house of Lancaster, and by K. Henry the fourth, of that stock, when he had obtained the Crown, was incorporate into the same, as all other the honours, Lands, and hereditaments of that house were. For the plainer manifestation thereof, it will serve well to the purpose, before the Office itself be described, to show the first institution thereof, and to recount in order the succession of the Officers whilst it passed inheritably. It is therefore to be understood that amongst the persons of chiefest account which entered this Kingdom with D. William of Normandy, and were assistant unto him in the conquest thereof, one Hugh Grauntmesuell a Baron of Normandy was of special reckoning, whose father Robert of Grauntmesuell, one of the chiefest Noblemen of all Normandy retained at home with him for his own comfort, and for the preservation of this stock, the elder of them named Robert, who succeeded him in all the inheritance of Normandy: but sent with the Duke his second son, called Sir Hugh of Grauntmesuell, who so demeaned himself in the enterprise, that when by conquest and strong hand the whole Kingdom was subdued by the Normans, their Duke regarding the good service of those that adventured and laboured with him, forgot not the praiseworthy desetts of this Nobleman, whom therefore he rewarded liberally with sundry great Territories and portions of Land in many shires of the Realm; as namely with those great Lordships Peberworth, Merestone, Quenington, Weston and Wileot in Glocestershire, with divers Lands in Ferendow, Meristow, Thorp, Welington, Staverton, Mereford, Newbottle, Middleton, Sutton, Biveld, Wodeford, Edgdow, and Ceroilton in Northamptonshire, with Wichingston and Hinkley in Leicestershire, with divers Lands in Edwolton, and Sandy-acre in Nottinghamshire, and with Ley in Suffolk, as appeareth by the record in the Exchequer commonly called doomsday. Moreover he made him high Seneschal or Steward of the whole Kingdom according to the Norman usage, a dignity never heard of in this Land before, did further advance him in marriage with a great Lady inheretrix of sundry possessions, named Adalisa or Alice, on whom he got two daughters, his heirs, the elder of them called Petronelle or Pernell was married unto Robert Earl of Leicester, surnamed avecles blanches manes, that is, Robert with the white hands, that was the son of Robert le Rossa Earl of Leicester, who was son unto Robert of Beanemount Lord of Pont Adomare and Earl of Mellent in Normandy, brother to Sir Henry of Newburgh the first Earl of Warwick after the Conquest, unto whom the said Pernell brought the one moyity of her father's possessions, and withal for increase, because she was the eldest daughter, together with the honours of Hinckley, the Office of Seneschalsie or Highstewardship of England, which were not partable as the other inheritances were. The younger of the said Sir Hugh Grauntmessuels daughters called after her mother Adalisa was given in marriage unto one Roger Bygot a Norman with the other moyity of her father's possessions; unto whom she bore divers sons and daughters, from the eldest whereof named Hugh Bygot, that was the first Earl of the East-Angles of this family, containing Norfolk and Suffolk, the other Bygots that were after Earls of Norfolk are lineally descended: between which two families contention had often been about the Office of Stewardship, whereof in this place to note what is set down in the record of the Exchequer called the red book is not impertinent to this purpose, where it is said, that on the Sunday before Candlemas-day, in the 20, year of the reign of K. Henry the son of K. john, commonly called K. Henry the third, at the Coronation of his wife Q. Elinor that was the Earl of Provinces daughter, Simon of Mountford then Earl of Leicester and high Steward of England, lineally descended of the beforenamed Parnell, being ready the day of the Coronation to execute his Office of Highsteward, which by right appertained unto him, was forbidden and gainsaid by Roger Bygot then Earl of Norfolk, who being descended from the before named Adalisa, the younger of Sir Hugh Grantmesuels daughters, alleged that it was his right to exercise that Office, which controversy (as also divers others then moved) was heard judicially before the King, unto whom Earl Simon replying answered, that it was true that contention had been heretofore moved between their Ancestors for the same matters, in the days of King john the King's father, which was compounded and pacified for the service of ten Knights, or rather ten Knights fees, given by the Earl of Leicester unto the Earl of Norfolk, who therefore released all his title and right to the Highstewardship. Whereunto because Earl Roger of Norfolk alleged that there rested of these Knights feet, two and a half to be assigned unto him, Earl Simon made answer that he might well recover them with the Arrearages by the Laws of the Land, in the King's Court, and ought not therefore to hinder him in the execution of his Office, seeing he acknowledged the former accord; and by virtue of the same was already in quiet possession of seven Knights fees and a half. And so was Earl Simon by the Kings own doom and sentence admitted to the quiet exercise of the Seneschalsie at the same Coronation. And now to return where we left, Robert Earl of Leicester that wedded Dame Parnell, was high Seneschal or Steward of England, and was the man for whose greatness of stomach the walls of the Town of Leicester were razed to the ground because he took part with the young King Henry against his father K. Henry the second, as histories make mention, begat on her sons and daughters, and after in K. Richard's days, the first, warring in the holy Land, was slain at the siege of Acon, in the year of our Lord God 1190, whose eldest son Robert, su●mmed after his mother Fitz-Parnell, was after his death Earl of Leicester, and high Steward of England, of whom many worthy acts are by histories remembered, both of his prowess in the field, and fidelity to K. Richard the first, with whom he continued as a most faithful companion during the Palestine wars, was partaker of his evil fortune by being taken there prisoner, compelled to pay for his redemption 1000 Marks of Silver, and therefore constrained to sell his Castle of Plasey in Normandy. But to be brief and not to stay upon the Narration of these things. It serveth only to the purpose, to note that he was one of our high Seneschals, and dying without issue of his body, in the year of our Lord God 1204. was buried in the Abbey of Preux near Leicester, leaving his two sisters to be his heirs, between whom the whole inheritance was divided, in the days of K. john. Amicitia the eldest sister was married to Simon of Mountford younger brother to Almarick Earl of Eureux in Normandy. And Margaret the youngest was wife unto Saher of Quencie, whom K. John made Earl of Winchester, unto whom she brought the one half of the Earldom of Leicester, and of the honour of Hinckley; and among other Lands, the Manor of Grobye, Quitwicke, Shepeshend, Hales, Brackly, South-Keston, Timisbury, and Chimnomere. Simon of Mountford according to the Law and custom of the Land, was in the right of his wife, being the elder sister, made Earl of Leicester, and high Seneschal of England, in the days of K. john, but he enjoyed not long those honours, being for his contumacy and disobedience, both he and his children shortly after banished the Land, and his honours and possessions bestowed on Earl Randolph of Chester, who held them a great time, except only the Patronage of the Abbey of Preux near Leicester, and the Office of the Stewardship of England, which the King kept in his own hands. This Earl Simor, a great warrior, was head and leader of the young French King Lodowick's Forces, fight against the Albigenses about the City of Tholose where he was after shine. These Albigenses because they began to smell the Pope's treachery, and to control the inordinate proceed and discipline of the See of Rome, the Pope therefore accounting them as people heretical, excited the French King to lay siege against the said City of Tholoso to expugn those Albigenses his enemies: But such was the mighty protection of God fight for his people against the might of man, that the French could do no good with all their Engines and Artileries against the City but were forced to retire with great loss of people: among whom this Earl Simon of Mountfort general of the Army, to whom the Pope had given a little before the Earl of Tholosas Land, was sl●i● with a stone before the gate of the City in the year of our Lord God 1219. as likewise was a brother of his besieging of a Castle near unto Thotosa at the same time; he left two sons of great fame, Earl Alt●arick of Mounfort, Constable of France, that was taken prisoner in the holy Land, and after his redemption in returning homeward died at Idruntum in Italy, Anno 1241. And Simon the younger that after obtaining the good grace and favour of K. Henry the 3. whose sister he married, was restored to the Earldom of Leicester, and to the integrity of his father's lost honours & patrimonies in England: a man was he of great courage, and renown, well experienced in the wars, & in matters of government, for long time had he been Seneschal and Governor of the Country of Gascoigne, for the King of England his brother in Law, which of his own accord he resigned contrary to the King's mind, that greatly desired to retain him in good affection towards him, both because he was a man of great power, wise and valiant, and for that the French laboured to make him their Seneschal; but such was the Earl's hap that in the new begun variance between K. Henry and his Nobles for not observing the Laws of the Land, especially such new decrees as had been made at Oxford for the expelling of strangers out of the Realm, he was chosen chief Captain and leader of the Nobility, and for the time so much prevailed in the enterprise, that the King was by them taken in the battle near Lewes in Sussex, together with his eldest son, and the King of Romans his brother, howbeit Edward the King's eldest son escaping out of their hands, renewed the war, and at Evesham in battle slew this Earl Simon, and delivered his father from the hands of his enemies in Anno 1265 which was the 48 year of the reign of K Hen. 3. Those that took part with Earl Simon were disinherited, and their Lands given to such as stood with the King; divers fled the realize, and amongst them Simon and Guy, and the other sons of this Earl, which escaped into France, leaving no posterity in this Land. The King afterward gave the Earldom of Leicester to his younger son Edmond that was the first Earl of Lancaster, and to his heirs, which ever afterward continued in the house of Lancast●r, who bear the title of Leicester's Earldom, and withal held and enjoyed the office of the high Stewardship of England, until the same, with all other the honours, Lands and hereditaments thereunto belonging, was united to the Crown in the days of King Henry the 4. being of that stock, till that now of late it pleased the most Noble and virtuous Princess Queen Elisabeth our gracious Sovereign to revive the honour and title of Leicester's Earldom in the person of the right noble Lord Robert of Dudley younger brother and heir to the right noble Lord Ambrose Earl of Warwick and Viscount Lisle, both sons to the high and mighty Prince John late Duke of Northumberland, lineally descended and heir in blood of the bodies of Robert of Beaumount Earl of Mellent ancestor to the Earls of Leicester and of Hen. of Newborough Earl of Warwick Ancestor to the Earl's son, both brethren as before hath been declared, and living in the time of the Norman conquest, as more plainly is showed by Pedigrees deduced. Thus much declared by way of preface or ingression to the matter in hand, and to show that the office of High Stewardship of England hath heretofore passed inheritably in divers families, as other great Offices have done. It remaineth now to declare what these Stewardships are, with the authorities and prerogations to them belonging, and to produce such notes and observations as are extant touching the same. And to begin with the chiefest, Seneschal. the Seneschalsey or Stewardship of England, as it is not to be doubted of, but that it took beginning from the Normans, and was by them, first established in this land after their great conquest, and victory over the English Saxons in the year of our Lord God 1066 by their example of their home government in Normandy, where the Duke had under him for his chiefest Officer a Seneschal or Steward, so cannot the right of this office be better or in briefer sort described then by setting down of the Duke's Steward faithfully in such sort, as it is to be seen written in the old customary book of the Duchy of Normandy in these words following. In times passed there was to wander throughout Normandy a certain Justicie● greater than these before mentioned, who was called the Prince's Seneschal or Steward he was wont to perfect and amend that which the other Justiciers had left undone, he kept the Prince, his land, the laws and rights of Normandy he caused to be observed and amended, all that was not right done by the Bailiffs, whom he removed from the Prince his service, if he saw it expedient so to do. He was once to visit the Prince his forests and enclosures, to keep Courts of the forests, to inquire how they were used, their customs he commanded to be observed delivering right to every one as the same by antiquity grew due, or by Charter had been confirmed unto them, so discreetly conserving the Prince his rights that in the observation of them he notwithstanding hurt none of his subjects. Such as upon diligent enquiry he found faulty and to forfeit, within the forest, either in trees, or in wild beasts, or in free fowl, he was wont to punish by the purse, or for want of ability that way by long imprisonment. He chief gave his mind to keep the country in peace, and so wandrlng hither and thither throughout Normandy once every three years did visit all the parts and Bailiages thereof. To him it belonged to make enquiry in every Bailiage of the excess and wrongs done by the under Justiciers, and likewise of common robbers, of violent deflowrers of Virgins, of murders, of burn, and of all those things which belong to the pleas of the sword, whereof peace and reformation had not been had in courts. Of all other criminal facts he likewise diligently searched and upon enquiry caused justice to be done throughout, he caused enquiry to be made of treasure digged under ground, of wrekes cast upon sand, and other the Prince his rights, the removing of waters, and the stopping and hindering of their courses did he reduce unto their old form, so as their passage might be hurtful to no body, if any man were minded to turn the course of any water running thorough his own grounds, the banks, whereof on either side were siituated within his own fee he might lawfully do it, so as the said water when it passed out of his ground might be conveyed into his old channel without any man's hurt or hindrance. It is to be understood notwithstanding that none may stop the course of any ordinary running streams within his banks or ditches longer than from the rising to the going down of the sun. Neither may any one stay the course of waters with any new ponds diches or sluices, but shall permi● them to run their course, lest the mills standing upon their streams And Or men in their affairs, Tanners, Dyer's, and such like should thereby suffer loss and detriment. If any shall stay them for the filling up of his pools or ponds, they shall be bound to restore such losses as the milner's or others living by the passage of those waters shall have sustained by the withholding of them, and waters shall be suffered to run their accustomed course. No man may erect a Fishing, or build a Mill, unless the water-banks on either side be within his own Fee, wherein he hath Liberties, Wears, or other such like things: for fishings may not be made in running streams, because by them oftentimes the waters are corrupted, yet notwithstanding they may bring the waters by Ditches and Trenches out of the running River into their grounds, so as the same return not back into the running stream. It belongeth also unto the Steward to cause the bounds and limits of Towns and Villages the streets and paths to be revoked to their ancient state and to see that old accustomed highways be opened; for no man may in these cases allege for excuse any or hindrance, wherefore he ought not to make amends unto the Prince. As for town ditches and common streets, which serve to no private persons possessions, but are common unto all. If they be by any usurped or encroached upon, they ought to be restored to the common benefit, and they that do occupy them, ought not to escape punishment. All these things appertain unto the Office and charge of the Seneschal, for the due execution whereof there needeth not neither plea nor assize, but wheresoever he found cause, and he did therein, and provided as he saw needful and expedient. This farforth is the High Steward's office described in the old customary book of the Duchy of Normandy, from whence came the first institution of the same with us in this Kingdom, established no doubt with no less authority and privilege here under the Kings of this Land, than the same was then practised under the Dukes of that Duchy, whereof there is an especial title written, though nothing Clerkelike among other matter in an old book of Parchmine belonging as it is said unto the learned Lawyer and skilful Antiquary Master William Fleetwood Esquire, one of the Sergeants at the Law, and Recorder of the City of London, which word for word followeth. Here is showed who is to be High Steward of England, and what his Office is; THe Seneschallie or high Stewardship of England belongeth to the Earldom of Leicester, and of old time did thereunto appertain; And it is to be understood, that it is his Office under and immediately after the King to oversee and govern the whole Kingdom of England, and all the Offices of the Justice within the same Kingdom in all times both of Peace and War in manner following. The manner how and when the Lord High Steward ought to exercise his Office by duty and Oath of Fealty is such. Whensoever any man or woman shall come into the King's Court in whatsoever Court it be and possibly unto the K. himself to seek for redress against injury done unto them, and he or she be not able in due season to obtain remedy. Then the High Steward of England ought and is bound to receive their Petitions and complaints, and to keep them until the next Parliament then after to be holden and to assign unto such Complainants if he think good, a day wherein they may exhibit and prosecute their Petitions, and in full Parliament in the presence of the King to reprehend and blame that Officer or those Officers, who ever they be, that so have failed in doing of Justice, and those thereof call to account unto whom in such cases every one throughout the Kingdom is bound to answer, the King only excepted. If the Chancellor of England have failed of making original remedy, and amends, and the Justices. Treasurers, Barons, & Chamberlain of the Exchequer, Steward of the King's house, Escheators, Coroners, Sheriffs Clerks, Bailiffs & other officers of what places and respects soever they be in their Processes' Judgements, Executions of Judgements, and Justice to be made to the favour of th'one & loss of th'other party, for gifts bribes or other procurements shall fail or give over at the leastwise if any Justicier, when as both parties pleading before them shall stand in Judgement, shall by such false procurements defer judgement, contrary to Justice, and the Laws and customs of the Land: If then the Chancellor of England, or any other of the King's officers in such case shall allege in Parliament and say for their excuse, that in that case such hardness and doubtfulness of the Law and rights did arise, when the same was heard and propounded before them that neither he nor the Court of Chancery or any other Court wherein he is an Officer, were able or knew to attain unto the safe determination of the right; Then shall he open and declare the same Ambiguity and doubt in Parliament; then if it be found that the Law was doubtful in that Case, the Chancellor or other Officer shall be held excused, and then shall the high Steward of England, together with the Constable of England in the presence of the King and other of the Parliament make choice of twenty five persons more or less, according as the case shall require, together with such other cases in that Parliament rehearsed, amongst whom shall be Earls, Barons, Knights of the Shire, Citizens and Burgesses, who there shall ordain, agree upon and establish remedy by Law in all such Cases, for ever after to endure; And those Laws shall be recited written and allowed in full Parliament, and sealed with the great Seal, and delivered forth to all places of Law and Justice from thence forward to be holden for Laws and in public places, where it shall be thought expedient, they shall be proclaimed and divulged, whereas all other common Laws, and chief Statute Laws throughout all the whole Kingdom, aught to be publicly proclaimed. If so it happen that there was in such like case either Common Law or Statute-Law, so that the King's Steward, and others of the Parliament may understand and perceive, that such default and delays in Processes and Judgement do happen by such Officers, when as the deceit and malice of such Officer hath openly and often before been apparent, then shall he be removed out of his Office, and some other fit officer shall be put in his place; If they shall presume against the Justices and such other Officers, as by excusing themselves shall say, that they have not heretofore known themselves and the Courts, whereby they are in such Cases to deliberate and take advisement; Then shall they be admonished by the Steward, on the behalf of the King and the Parliament, to study and search better the Common Law, that no such ignorance or negligence be found in them in the like Cases afterward. If they shall happen to offend in the like again; they then to be put out of their offices and other discreeter and more diligent persons shall by the King and his Counsel be assigned to their rooms. Likewise it is the Steward's office, if the King have evil Counselors about him, that advise him to do things, tending openly and publicly to his dishonour, or to the dis-inheritance or public hurt and destruction of his people. Then the Steward of England, taking with him the Constable and other great estates, and other of the Commonalty shall send to such a Counsellor, forbidding him in such sort to lead and counsel the King, and of such his evil Counsel shall make rehearsal, enjoining him to departed from the King's presence, and longer not to abide with him to his dishonour; and the public hurt, as is aforesaid, which if he shall not do they shall send unto the King to remove him from him, and to give no more ear unto his Counsel, for that amongst the people he is esteemed to be an evil Counsellor to the King against his Subjects. If hereupon the King do not put him away, again and often shall they send aswell unto the King as unto him. If at the last neither the King nor such Counsellor of his have regard unto the Messages and requests made unto them, but shall refuse to do thereafter; Then for the Weal Public it is lawful for the Steward, Constable of England, noble men and other of the Commonalty of the Realm with Banner in the King's name displayed to apprehend such Counsellor, as common enemy to the King and the Realm, to commit his body to Ward until the next parliament, and in the mean time to seize upon all his goods, lands and possessions, till Judgement be pronounced of him, by the advice of the whole Kingdom in Parliament, as it happened unto Godwine Earl of Kent in the days of King Edward the Confessor, next predecessor to William Duke of Normandy, Conqueror of England, who for such ill Acts and Counsels of his, was deprived of his Earldom, escheated to the aforesaid King, notwithstanding at the Kings and Nobleman's permission, Godwine came again into England, and did after forfeit as before. And as it happened likewise to Hubert of Burgh, Earl of Kent, in the time of King Henry, that was Son of King john, who for his evil deeds and bad Counsel was apprehended, and by the high Seneschal, and other Peers deprived of his Earldom, by the allowance and consent of the whole Parliament. And likewise did it befall unto Pierce of Gavestone, who in the days of King Edward, the Son of King Henry for such his evil Acts and Counsels was banished out of all the King of England's Dominions, as well on this side, as beyond the Seas, which Pierce of Gaveston afterwards by the King's means, and by the favour and permission of the Nobility returned into England, and had of the King's gift the Earldom of Cornwall, yet was he after that for his evil deeds and Counsels banished the Realm again by the Nobles and Commons, and his aforesaid Earldom Escheated to the King, but returned afterwards without the Nobleman's leave and consent, and did resort and associate himself unto the King as before he had done, which when the High Steward, Constable, and others of the Nobility understood, he was by them apprehended, and beheaded at Blacklow in Warwickeshire, as a public enemy to the King and to the Realm. So have you as much as in the said old Book is to be seen touching the Office of the High Steward of England, After the death of any King or Queen absolute of this Land the high Steward of England, by virtue of his Office sitteth judicially, and keepeth his Court in the Whitehall of the King's Palace at Westminster, near unto the King's Chapel, and there receiveth the Bills and Petitions of all such of the Nobility and others, as by reason of their tenure as, or otherwise claim to do services at the new King's Coronation, and to receive the Fees and allowances therefore due and accustomed. As did john Duke of Lancaster, Earl of Leicester, high Steward of England, etc. at the Coronation of King Richard the second, and Tho. Pierce Earl of Worcester, who exercised the same Office of the Coronation of King Henry the fourth as substitute and Deputy to Thomas the Son of the said King Henry then being very young, unto whom his Father had assigned that Office, being parcel of his own inheritance, who before he had obtained the Crown, was not only Duke of Lancaster, as his Father john of Gaunt had, but also was Earl of Darbey, Lincoln, Leicester, Hereford, and Northampton, and by the Earldom of Leicester, inheritably also Lord high Steward of England. And since the time that the said Office hath been extinct in the Crown by the Descent of the same unto King Henry the fourth, as heir to Dame Blanch his Mother, Daughter and Heir to Henry Duke of Lancaster, Earl of Leicester, and high Staward of England: experience showeth that upon the Arraignment and Trial of any Peer of the Realm; that is to say, Duke, marquis, Earl, Viscount, or Baron, or any of their Wives or Widows upon Indictment of Treason or Felony, the showeth to grant the Office of the high Stewardship of England (pro illa vice tantum) to some Peer of the Realm by Letters Patents, the tenor whereof hereafter ensueth, who instead of the Lord high Steward, that by ancient Law hath been holden for a competent and indifferent Judge between the King and such Peers, aught and always hath used to be Judge, and give sentence of Acquicall or Condemnation upon the Peer arraigned. The tenor of the Patent. Regina etc. Praeclarissimo Consanguineo & Consiliario suo A.B. etc. saltem sciatis quod cum G. D. Marchio E. indictat. existit, etc. ac pro eo quod ossicium Seneschall. Angliae cujus praesentia pro administratione justitiae & executionis ejusdem in hac parte facienda requirit, ut accepimus jam vacat: de strenuitate, fidelitate, provida circumspectione & industria vestris plurimum confidentes, ordinavimus, & constituimus vos ex hac causa Seneschallum Angliae, ad officium illud cum omnibus eidem officio in hac pante debitis sive pertinend. hac vice gerendis, occupandis, & exercendis. Dantes & concedentes vobis tenore praesentium plenam potestatem indictam entum praedictum cum omnibus idem tangendis a praefat. justitia nostris recipiendis & inspiciend, ac ad certos diem & locum quos ad hoc providerit●sipsum Marchionem, e&c. coram vobis evocandum & ipsum superinde audiendum, examinandum & respondere compellendum ac sine debito terminandum, Nec non tot & tales Dominos Proceres, & Magnetes hujus regni nostri Angliae; ejusdem Marchionem, etc. & alios pares per quos rei veritas in hac parte melius scire poterit, ad diem & locum praedictum ex causa praedict. coram vobis comparere astringerdum, etc. Thereupon the Lord High Steward directeth forth a precept to the Justices before whom the Indictment is taken, willing them to certify the same Indictment at a day and place by him assigned. And doth likewise direct another precept to one of the Sergeants at Arms, for the Summonition of the Peers against the day of trial in these words. A.B. comes, etc. I. N. servienti Doo nini Regis ad Arma salutemetibi praecipio quod summon. tot & tales Dominos, Proceres, & Magnetes, hujus regnt Angliae praedict. C. D. Marchionis: E. etc. & aliorum pares, per quos rei veritas melius scire poterit, quod ipsi personaliter compareant coram me apud Wostmon. 1 die Junii, etc. ad faciend. ea quae ex parte Domini● Regis, tunc thidem in praemissis injungent, etc. The like precept doth he also send to the Lievenant of the Tower of London, for bringing forth the Peer, being prisoner to his trial and judgement. It appeareth that at the Common Law, before the twentieth year of King Henry the Third, a Subjects having title to lands, which are in the King's possession, might have a Writ to the Sheriff of the County, where the Land doth lie against the King after this manner. Praecipe H. Regi Angliae quod reddat S. L. centum acras ter. in D. etc. But whether the Writ should be a Ward under the Teste of the High Steward or Constable of England, that is to be doubted of. Touching the Office of the Lord Steward of the Queen's House. OF the Lord Steward his Office of the Queen's House, being thoroughly well known to the chief Officers of the Household, It seemeth needless to set down any notes, or observations, at all by reason of the daily and continual execution thereof still in practice, howbeit because there is left unto us from elder age, a form thereof, is greatly to be regarded in these our days, this place serveth fitly for the exemplification of the same, so in such sort as it is set down in an old Book of Record, called Domus Regis Angliae, preserved in the Countinghouse of the Household, wherein the whole State of the King's House is orderly described. And this Office amongst the rest after this manner ensuing. The Steward of the King's Household. THe Steward of the King's Household receiveth his charge of the King's high and proper person, and the Household staff in those words following. Seneschal venetz le Baston de nostre Maison, By which forthwith he is also Steward of the marshalsea, that is the Court of Household, of which he is a Judge of Life and Limb; and except those cases, the Treasurer, controller, Cofferer, two Clerks of the Green-cloth, and the chief Clerk of controlment, for any matters else done within the Household, or appertaining thereto, they fit with him at the Board of Doom, that is at the Green-cloth in the Counting house, as Recorders and Witnesses of the Truth. The state of all this excellent Household is wholly committed to be ruled and guided by his discretion, and all his commandments in Court to be obeyed and observed. Also within the Household except the King's Chamber, always to be observed, covered out of the King's presence, what great estate else that be present, as for a cup, a cupboard, and dishes, but none assay. Also while he is present in Court, there ought no new commandment, charges of Officers, or any other person be made without commandment first of his person, for the Offices more sure discharge. Also in the Household rules and judgements he representeth the King's estate, his staff is taken as for a Commission, Also he may in household of his power, adnull any custom not meddled with worship and profit; or change it, and erect a new, such as shall seem to his wisdom by advise taken at Counting board, for the better, and to the King and his Household of more honour and profit. And in that he is head Officer, he giveth example to all others to be of Governance with inordinate rule to be contented with moderate Costages within the Court in Liveries and Services taking Dinners and Suppers in the Hall and in his Chamber, or in any other Office as often as it pleaseth him to search and see the good said rules, and the directions in them. He hath daily in the Hall eating one Chaplain two Esquires four Yeomen, and in his Chamber daily for his breakfasts, and his Chamberlains meat at Supper and Livery for all night, eight Loaves, four Messes of great Meat, two rewards of Roast, two Pitchers of Wine, six Gallons of Ale from Hollandtide till Easter, one Torch to attend upon himself, one Tortays to fetch his Livery by three Perches of Wax, six Candles of Wax, eight Candles per 5. viij Tallow, four Faggots, Litter and Rushes all the year, of the Sergeant Usher of the Hall and Chamber, and after Winter season, four Shyddes, two Faggots, and when him liketh to have more largely in any thing than his Chamberlain that doth fetch it, or receive it, must record thereof by Tail or Bill into the Counting house. Also the Steward taketh of the Counting house for his Fee at Easter and Michaelmas, twenty Marks, and for his Robes for Winter and Summer at the Feasts of Christmas and Whitsuntide sixteen Marks, and for his Nappery at the four Feasts of the year by even portions, three pieces of Linen Cloth in the great Spicery, or in money therefore of the Counting house, in all 13 l. 1 s. 4 d. And he hath one Yeoman of his Chamber still abiding, whilst himself is out of Court to keep his Staff, taking for his Livery daily one cast of bread, two messes of great Meat for noon and night, one Gallon of Ale. The Steward and Treasurer of this honourable Household, represent within it the State of an Earl. Item, The Steward or Treasurer, or one of them is bound to be at the Counting house, at the await of the daily Accounts of Household; and by the writing of Noble King Edward the Thirds Statutes. In case it pass for lack of them three days unaccompted, that then they two shall acquit the Costages of the King's Household for one day of their own proper costs. The Steward and Treasurer make a Warrant yearly at Michaelmas to the chief Butler of England, assigning him for how much Wine, and in what places of the King's House, he shall lodge the same for the year following. For the daily expense of his Household, which hath and must with good oversight be sure of three hundred Tuns, And for other things look the Statute of noble Edward, Anno 15. Edw. 3. cap. 21. Thus much out of the Book called Domus Regis Angliae. Sir William Stamford the Judge in his Book of the Pleas of the Crown under the title of qui judgera treason, etc. who shall judge of Treason and Felony, by reason of their Offices without Commission, and who not, mentioneth the Statute made, Anno 33.44. 8. cap. 12. Whereby it is ordained that the great Master or Lord Steward of the King's House only, and in his absence, The Treasurer and Controller of the Household with the Steward of the marshalsea, or two of them, whereof the Steward of the marshalsea to be one, may without Commission hear and determine of Treasons, of misprision of Treasons, of Murders, Manslaughters, and Bloudsheds perpetrated within the King's House; for these, saith he, are great and chief personages in whom the King reposeth such trust, that he hath ordained them especially, for the safety and good Government of his Realm and Household. More hereof is to be read in the Volumes of the Statutes, 25 of Edw. 3. cap. 21, 3 H. 7. cap. 14.33. H. 8. cap. 12. Wherein the preeminences of the Lord Steward of the King's Household are rehearsed, needless therefore in this place to be recited. FINIS.