But two things are most especially ob­servable touching them.

(1.) THat although the generall proxies were admitted, yet when the nature of the Parliamentory bu­sinesse required more speedie and full ad­vice, a clause was inserted into the sum­mons to premonish the Baron summoned, that his proxie should not bee admitted unlesse he were compelled to absent him­selfe 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 Arch-Bishop of Canter­bury, and the rest had these words. Et [...] nullatonus amittatis [...]ne quid absit per ve­stram [Page 4] 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 personall appearance▪ and exc [...]uding Proxies.

(2.) That the course of the elder time was: not that Barons onely were made Proxies in the upper House as at this day but other men also of low condition, and this hath beene very frequently in the case of Bishops, and Parliamentory Abbots and [...]riors, who gave their letters usual­ly to Parsons, Prebendaries, Canonists, and such like. In that Parliament of Car­lile under Edward the first, the Bishop of Exeter sent to the Parliament, Henry de Pynkney parson of Houghton as his Proxie. The Bishop of Bath and Wells sent William of Charleton, a Canon of his Church, and in like fort other of the spiritualty of that time.

In the beginning of the 17th. yeare of Richard the second, the Bishop of Norwich made Richard Corqueanx being then Deane of the Arches, Thomas Hederset Arch­deacon of Sudbury, and Iohn Thorpe par­son of Epingham, his Proxies by the name [Page 5] of Procuratores sive nuntij. And in the same time the Bishop of Durhams proxies were Iohn of Burton Canon of Bewdley, and Master of the Rolls, and Iohn of Wendling­borough Canon of London, and other like are of the same time. By which also that of the Preamble of the Statute of Praemuni­re is understood, where it is said that the advice of the Lords spirituall being present and of the procuratores of them that were absent, was demanded. The like under Henry the fourth and Henry the fift are found in the Rolls. And under Henry the fift the Arch-Bishop of Yorke gives the proxie to the Bishop of Durham; and to two other Clerkes of his Province. And it is observable that in the making of pro­xies by the whole number of Bishops in case of Attainders upon Appeale, their course was sometime to make a Gentleman beneath the degree of a Baron, their Pro­xie as under Richard the second, first they made their proxie for assenting in the Par­liament, but afterwards the Earle of Wilt­shire had that place in the same Parliament. But this of making others then Barons of Parliament, proxies is carefully found in the cases of the Lords spirituall.

One speciall case of it is under Henry the fift, in that of Thomas de la Ware, who [Page 6] being a Clergie man had his Barony de­scended unto him, and is stiled in the sum­mons alwayes Magister Thomas de la Ware, and not Dominus, hee gave his Letters to, John Franke and Richard Hulme Clerkes but the proxie Rolls for the Temporall Lords are for the most part lost. The fol­lowing Times especially ever since the first memorie extant of the Iournalls of the up­per House; U. 8▪ which began the first of Henry the eight, have kept a constant course of making parliamentory Barons onely pro­xies. And it appeareth in those Iournalls that one two or three are joyned conjun­ctim, & divisim; and most commonly Temporall Lords have given their proxies to temporall and spirituall men: yet not without a Temporall Lords giving his letters of proxie to a Spirituall, and Tem­porall Lord together. And under Queen Mary, Francis Earle of Shrewsbury made Anthony Viscount Mountague, and Tho­mas Bishop of Ely his proxies. And in the beginning of Queene Mary Stephen Gar­diner Bishop of Winchester was joyned in letters of proxie sometimes with a Tempo­rall Lord. But the Lords spirituall have so much mistataken (of late) the Lawes of this Kingdome, the Kings prerogative given by the Law, and what and whence was [Page 7] the Originall of the Honours, they them­selves had obtained: and have beene ready to inlarge the Dominions of Antichrist, and to induce an arbitrary government by their writings, and other apparent practi­ses, in so much as now they have lost both Priviledge and Vote in Parliament.

Under the first Head these cases of

• 1. Iohn Matravers
• 2. Borges of Bayons
• 3. Iohn Deverill
• 4. Thomas Gourney
• 5. William of Ocle.
• 6. Iohn of Go­meniz, and
• 7. William of Weston.

All condemned to death for Trea­son, and all to bee drawne, and hanged sa­ving Gomeniz, who was judged to bee beheaded, because he was a Banneret, and had served the King in his Warres.

Under the second Head are these cases of

• 1. Iohn at Lee Steward of the houshold.
• 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 Chancellour of England.
• 8. The Earle of Northumberland.

For Writs of error their power, and [Page 12] course in them may bee seene, some speciall examples which are expressed, whereunto is added that of Thorpe being Speaker of the Lower House, under Henry the sixt which specially shewes the power of Iudi­cature in the Lords, although otherwise it tast too much of what is wholy against the priviledges of every member of the Parliament at this day.

Ex rot. Parliamenti 4. E. 3. mem. 3. num. 3.

WItnesse the Peeres, Earles and Ba­rons assembled in this Parliament, at Westminster, that it is openly assented and agreed, that Iohn Matravers is guilty of the death of Edmund Earle of Kent, the Vnckle of our Lord the King that now is, as he that principally, traiterously and falsely compassed the death of the said Earle, so that the said Iohn did know of the death of King Edward our Father, when the said Iohn by haynous manner, and by his false and wicked deeds conspi­ring with the sonne of the said Earle a­gainst the life of the King, which hee did actually commit, for which the said Peeres of the Land and Iudges of the Parliament, adjudge and award that the said Iohn bee [Page 13] drawne, hanged and quartered as a Trai­tor, in what part of the Kingdome soever he be found, and the said Peeres doe pray our Lord the King, that hee will command that a writ be made to make search and en­quiry throughout the Realme, and that he that can take the said Iohn alive, and bring him to the King shall have a hundred markes, and if in case he cannot be taken alive, he that brings his head shall have fiftie pounds of the Kings guift.

Moreover to have such judgement, Rot. parl. 4, E. 3. m. 7. Boges of Bovons, Iohn Deve­rell. it is agreed, that it be put in execution of Bo­ges de Boyons, and John Deverell for the cause afore-mentioned, and that hee 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 Iohn shall have forty pounds of the Kings guift.

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 traiterously 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 markes; like­wise he that can take the said William alive [Page 14] shall have a hundred markes, and hee that brings the head of him (if in case hee can­not be taken alive) shall have forty pound of the Kings guift.

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 ratefie the same, and to put in execution; in that schedule amongst divers others, this Article occurres.

Item that all those which have lost, or rendred when necessity required not, Ca­stle Towne, or Fortresse 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 avoyde the evill ex­ample which they have given to all o­thers.

Then afterwards followes an Accusa­tion and a Iudgement upon an of­fence of that nature.

ITEM where the Supplication is by the Commons, that all those which [Page 15] have rendred and lost Castle or Townes, lost by the very default of Captaines may be put to their answer at this Parliament, and according to their desert throughly punished by the award of the Lords and Baronage, avoyding the evill 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 yeare afore mentioned, Iohn Lord of Go­meniz, and William of Weston imprisoned and detain'd in the said Tower at the com­mandement of our Lord the King, Iohn of Go­meniz. William of Weston. because they have rendered and lost faithfull Ca­stles and Townes of our Lord the King, for to answer upon the Articles which there shall be preferred for the said cause, on the behalfe 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 commandement of the said Lords, by sir Richard Scroope Knight, (Stew­ard of the Houshold of our Lord the King) in manner as followeth.

William of Weston, you have taken upon [Page 16] you to the thrice powerfull Prince, whom God have in his keeping, Lord Edward late King of England (Vnckle of our Lord, the King that now is) surely to keepe to him, and his Heires Kings of England: the Castle of Barwick without surrendring the same to any but him; or his said Heirs, have you William who were a leige man of our Lord the King that now is (true Heire of the late King Edward) delivered and surrendered the said Castle to the Ene­mies of our Lord the King, without his Commandement in dishonour of him, and his Crowne, and of the Estate of his Realme of England, against your leigeance and undertakings: whereupon hee put his answer in writing, having a Schedule contayning 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 bee taken for his finall answer in that behalfe or not. And thereupon the said William prayeth that the said Schedule may be redelivered to him, and there hee putteth in his finall answer, and after the said William put in to the said Schedule an Addition in full Parliament for finall in that behalfe: The Tenor of which Sche­dule is such as followeth.

To the most sage Councell, 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 shewes that he is accused malici­ously, to have rendered the Castle of Bar­wick, which he had in keeping upon the Trust and assignement 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 Spie, 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 Attourney, and by his Letters reque­sted the Councell, that they would please to fo [...]tifie the said Castle with more Gen­tlemen, f [...]r the defence and safeguard the [...] ­of, having regard that the garrison of the said C [...]stle was not sufficient for halfe the multitude of so great force, to make resi­stance in so large a place: but in the end for that hee could have no succour of the said Councell, and likewise (the said William being not in default was left without suf­ficient [Page 18] souldiers of a long time, whereby to keepe and defend the said Castle, where­of hee beseecheth you that you will take just, and benigne consideration.

Likewise may it please you to take no­tice by the privy Scout of Warre, that there came the Enemies power of Armes, and seven hundred fighting men, with 6000. of the common souldiers 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 Armes, & souldiers 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 slaine: and in a short time after they beganne 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 workes a a great part of them, and they by force [Page 19] had broake and spoyled many of our bars, and the morrow after which was Fri­day, they came at the break of day with all their strong men to assaile the said Castle, but by the help of God they were not yet Conquerours by force of their Assault. And of our side and of their side there appeared great death and losses, and the same day the Marshall 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 smallnesse of the number of Gentlemen there, and for that the walls in many places were beaten down by their marvelous Ordnance, there was a Treatie with the Lords, to the end that the said William with his companions, might know what to doe 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 drawne 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 VVilliam, to know if the same Castle should bee rendered or not, whereupon the said [Page 20] 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 hee 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 himselfe upon Tryall according to your discreet Ordinances.

Item, it is to be remembred that when the said Castle was rendered (as aforesaid) certaine Gentlemen of France did bar­gaine with the said William for his victu­alls, and bought the same tog [...]ther with certaine persons, which the said William held within the said Castle in Prison, for which things hee received of them 1000. and 500. Franks, whereof hee paid to his companions for part of their wages which then was behind, three quarters of a yeare, 678. Franks.

Item, hee payed at Callis for victualls of [Page 21] the said Castle before that time due 1442. Franks.

Item for the passage of the said William, and for his expences being at Callis 135. Franks. And therefore the said William beseecheth that you have regard to Iustice and bounty, how that he by envious sug­gestion hath beene against all reason accus­ed thereof concerning his estate and name, for which offence hee hath seised and stay­ed some of the Cattells of his Adversaries, and that you have consideration how that hee hath payd his companions out of his proper goods for their wages, and that you will be pleased for Gods sake and piety also to ordaine for him, that by your dis­creet noblenesse, hee may recover his E­state and goods.

Item the said William Weston sheweth how the first day, when the Enemies came before Ardee he fled thence to the Army at Callis, to the Captaine there, to pray of him more succour and ayde of men to guard the Castle of Barwick, and to defend if the Enemies had assaulted, and the Cap­taine answered him briefly, that he would not deliver nor lend succour, nor aide at that time, for that he doubted himselfe the Enemies would come before the Towne of Callis. And the Lord Steward came and [Page 22] read the said schedule in Parliament. Iohn Lord of Gomeniz, you have undertaken to the thrice powerfull Prince, whom God preserve, Lord Edward late King of Eng­land Vnckle of our Lord the King that now is, safely to keep to him and his heires Kings of England, the Towne and Castle of Ardee without surrendring the same to any, but to the said King and his Heires, or by the Commandement of him and his Heires. Have you (Lord of Gomeniz) in time of our Lord the King surrendred the same without his commandement, to the detriment of him and [...]is Crowne, and of the Estate of his Realme of England agai [...]st your undertaking aforesai [...]? what say you to it? whereupon the said Iohn answer­ [...]th, that the said Towne and C [...]stle of Ar­dee was so feeble, that hee could not well keepe it against so great power of the Ene­mies, which were readie to assaile the said Towne and Castle, and therefore he went forth to intreat with the E [...]mies, that he might save the liege men of our Lord the King being within that Towne and Castle of Ardee, without that that he at any time tooke any thing for the surrender of the said Towne and Castle of Ardee. Whereupon one Geffery of Argentine Knight, said in full Parliament to the said [Page 23] Iohn, that he the said Geffery was at that time in the said Town and Company with the said Iohn, 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 Geffery affirmed. And moreover it was demanded of the said Iohn if hee had any other thing to say? and hee answered no: whereupon the Constable was charg­ed with the safe keeping of the said Iohn and William, untill the morning of the next day; and then to bring them againe 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 yeare aforesaid, w [...]re the said Iohn and William brought againe in full Parliament, and there it was shewed severally by the s [...]id Steward at the same day, by Commande­ment of the Lords aforesaid, how upon the Answers which the said Iohn and Willi­am have given in the said Parliament, (as before mentioned) to the Lords of the said Parliament, viz. the King of Castile and of Leon, and the Duke of Lancaster; Ed­mond Earle of March, Richard Earle of Arundell: Thomas Earle of Warwick, Hugh Earle of Stafford, William Earle of Suf­folke, [Page 24] William Earle of Salislbury, Henry Earle of Northumberland, Iohn Lord Ne­vill, 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 businesse. 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 victualls, have wickedly delivered, and surrendered to the Enemies of our Lord the King for your owne 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 Peeres of the Realme, had taken upon him safely to keepe to the aforesaid King, the Towne of [Page 25] Barwick: presently after the said King prepared himselfe to travell to the King­dome of Francè; the said Baron without the Kings Commandement, left the said Towne of Barwick, and a valiant Esquire Robert Ogle as Lievtenant of the said Ba­ron, who safely should keepe the said Town of Barwicke 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 warre was made at the said Towne of Barwick by the Scots. And the said Ro­bert as Lievtenant of the said Baron, de­fended forcibly there, and at last by their assaults the said Towne was taken, and the s [...]id Robert and two of the sonnes of the said Robert were slaine, he being in the company of the King in the parts of France: And it was said that it was ad­judged by the advise of the said King in the parts of France; & the said Dukes, Nobles, and Earles t [...]g [...]ther with Henry Duke of Lancaster, the Earles of Northumberland, and Stafford, and Sir VValter Maney, that the s [...]id Towne was lost in default of the said Baron. And for that cause hee had Iudgement of life and member, and that he ought to forfeit all that hee had, and Iudgement was rendered in these words [Page 26] by the commandement 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 victuall against your alleageance, and un­dertaking aforesaid, the Lords aforenamed sitting in full Parliament adjudge you to death, and that you be drawne and hanged, but for that that our Lord the King is not yet informed of the manner of this Iudge­ment, the execution thereof shall be put in writing untill the King bee informed: wherefore it is commanded to the said Constable safely to keepe the said William, untill he hath other commandement from our Lord the King. And as touching the said Iohn Lord of Gomeniz touching the Answers aforesaid. It was shewed there by the said Steward, how the said Lords were assembled, and advised of the said An­swers as before said. Moreover it was shewed how that at the time, that Sir Ralph Ferrars Knight had the keeping of the Towne and Castle of Ardee, the said Towne was not so strong by the one halfe, as it was at the time when the said Iohn surrendered the same, and the said Ralph did put himselfe in perill for the safeguard thereof, and forthwith the said Ralph did [Page 27] hold, and forcibly defend the same against a very great and forcible assault, and other evidences concerning the said Iohn in this behalfe were delivered, (as followeth) to the said John being in Parliament, by the said Steward, reciting all the matters a­foresaid touching the forementioned Iudgement 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 behalfe, and your examinations, and Infor­mations therein, that lately amongst the number of Gentlemen, by whom you have strongly undertaken safely to keepe the said Towne and Castle with twenti [...] men of Armes, and twenty Archers you were sent to the said Towne and Castle of Ardee in the Afforcement thereof, according to your requ [...]st thereof made to certain Lords, being sent in message to Callis under our late King Edward, and at such time also as you were advised by the King of Castile, that if you could not wel [...] keepe it, you ought in no sort to take upon you to keepe the same, and there were that would have undertaken the safe keeping thereof to the said King Edward and his heires, and you have undertaken safely to guard the same with no surrender to any, but in manner [Page 28] as aforesaid, and now have you Iohn, with­out duresse or default of victualls or of Ar­tillery, or of other things necessary for the defence of the said Townes and Castles of Ardee. without Commandement of our Lord the King, wickedly delivered and surrendered it to the Enemies of our Lord the King, by your owne 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 warres, and have not proved a leige man to our Lord the King, you shall be beheaded without having other iustice. And for that also our Lord the King is not yet informed of the manner of this Iudge­ment, the execution thereof shall be respit­ed untill our Lord the King shall be infor­med thereof, where it is commanded to the aforesaid Constable safely to keepe the said Iohn, untill he hath other commandement from our Lord the King. And it is to be re­membred that Geffery Martyn Clerke of the Crowne, was named in this record, and delivered the same there in writing in this present roll, by his own proper hand.

Ex. Rot. Parliamen. 42. E. 3. M. 2. N. 22, 23. &c.

WIlliam Latimer of the County of Dorset preferred a Petition in this Parliament, in manner as followeth. To our Lord the King and his Cou [...]cell shew­eth William Latimer of the County of Dor­set, That whereas ou [...] Lord the King other­whiles in the pestilence granted to the Bi­shop of Salisbury, the Wardship of the Mannor of Dentish, and Devillish, in the said County being in his hands, by the mi­nority of Robert son and heire of Robert Latimer Knight, Iohn Lee Steward of the house­hold together with the mar­riage of the said Robert the son, being then of the Age of sixe yeeres for a certaine summe of money to him payed: which E­state the said William Latimer hath held, untill Master Iohn Lee then Steward, by procurement of Thomas Delaber, sent one Richard Inworth Serjeant at Armes in Dorset, to the said William Latimer, to bring him to London in safeguard as prisoner with the Intent aforesaid; that is to say the Monday next before the Feast of the Nativity of Saint Iohn the Bap­tist, in the yeare of our Lord the King [Page 30] that now is the nine and thirtieth, and the said serjeant also performed the same, and the said Master Iohn Lee did charge, and command the said William in the Kings name, that he should not goe out of Town upon paine of a hundred marks, untill he had surrendered the body of the said heire, contrary to the patent of the King, to the said Mr. Iohn Lee, and outed the said Wil­liam of his Charter, and moreover made a deed of release, whereupon the said Master Iohn Lee comma [...] to hold all the Lands, and Tenements aforesaid, untill the Feast of St. Michael then next ensuing, for a certain summe of money, and then the said Ma­ster Iohn Lee leased to the said William, the Wardship of the said mannor of Devillish rendring forty pounds per annum, where­of he was seised as prochein amy of the In­fant, viz. Pulchrain Helto, Whitechurch, Oxford, & Staket, & let the same to the said William, and to divers other persons at his will, by such duresse, imprisonment and ar­resting the said William to the great mis­chiefe, grievous dammages and losses, to the great wrong of his simple estate, wher­of hee prayeth remedy. To the points of which Petition the said Iohn Lee answer­eth, and saith, that because that the Man­nors, Lands, and T [...]nements of Inhe­ritance [Page 31] there comprised in the said Petiti­on, were wickedly extended by the Es­cheator, and leased out of the Kings hand at too small a value, to the great dam­mage and deceit of the King, he caused the same Mannors, Lands and Tenements, to be resumed into the Kings hands, the Wardship of which Mannors, and the mar­riage of which said heire the King had committed to him.

And likewise the said Iohn Lee was put to answer before the Lords, of the affaires in such time as hee was Steward of the Kings houshold, for that he had attaiched divers Gentlemen by their Bodies, some by Serjeants of Armes, and some by other wayes; as William Latimer and others, and caused them to come before himselfe, as before the Counsell of the King in places where pleased him, out of any of the Kings accustomed places, to answer to divers things, whereof the recognizances ought to appertaine to the Courts of the King.

Item It was debated concerning his au­thority of Stewardship, that he within the verge had attaiched divers Gentlemen of the verge, as Iohn Goddard, and others to answer in the Marshallsea of things done out of the verge, and caused some men to be apprehended, and sent to the Tower of [Page 32] London of his owne Authority, without Commandement of the King or his Coun­cell.

It was likewise debated, that Hugh La­venham had appealed certaine Gentlemen of Felony, and that before the Kings Iu­stices at Newgate, and divers Gentlemen arraigned at his suit, whereof some put themselves upon the Country, and some de­fended themselves by their bodies, and stayed in prison as the Law demanded, and that an Appeallee of murder was let goe at large, by Commandement of the said John Lee against the Law, and command of the Iustices, and that hee tooke the said Hugh by his owne Authority and let him goe at large, and some that were not appeallees in roll of the Crowne, at the suggestion of the said Hugh were taken and imprisoned, as if they had beene appeallees.

It was also affirmed that whereas the said Iohn Lee was sworne to the King, and his Councell; he did bargaine with Master Nicholas Lovaine, concerning the Ward­ship of the Mannor of Reinham in Kent, be­ing then in the hand of the said Nicholas by the under age of the sonne, and heire of Iohn Stanton as appeared by certaine evi­dences, as well by letters Patents under the Kings Great Seale, as others which the [Page 33] said Iohn had in his keeping, that very plainely, the said Mannor was holden of our Lord the King in chiefe, as of his Ca­stle of Dover and Fort, that the Wardship thereof appertained to the King, to the great dammage and deceit of the King a­gainst his Oath. Of which points and ar­ticles, hee cannot duely and suffici [...]ntly excuse himselfe by the Law, and therefore was the said Iohn commanded to the Tow­er of London, and there to stay as a prisoner, till he had made fine and ransome to the King according to his will, And it was commanded to Master Allen Buxall Con­stable of the Tower; that he take safe keep­ing of him, and so departed the Prelates, Dukes, Earles, and Barons, and after­wards by the commandement of the King, the said Iohn was caused to come guarded from the Tower to Westminster, before the Great Councell, and at other times exami­ned upon the points of the Petition; the [...]ad Willi [...]m Latimer answered and said: Tha [...] our Lord the King had committed the wardship of the Mannors, Lan [...]s and Tenements of the said heire, untill the Age of the said heire together with the marri­age of the said heire; and as intirely hee would render it into the Kings hands And then before the said Councell it was a­greed [Page 34] and assented by them: That the said Mannors, Lands and Tenements, and the body of the heire aforesaid ought to be re­leased in the Kings hand, and delivered to the said William Latimer, to hold as hee held of the said Bishop untill the full Age of the said heire, doing to the King in man­ner as it was before the said Iohn surrender­ed the same; and that the Letters Patents of the King made to the said Bishop, of the same ward and marriage, and the Letters of the said Bishop of the same Ward, and marriage made to the said William; and surrendered to the said Iohn by the said William by durity and menaces, bee fully restored to the said William, and that the Enrolment of the release to the said Iohn by the said William of the same Ward, and mar­riage, also by durity and threatning made as by the said William in the Exchequer, be cancelled voyde and holden for nought for ever, saving all times to the King his right in time to come.

Ex. Rot. Parl. 50. E. 3. mem. 2. num. 17.

FIrst, the said Richard Lions Merchant of London, was impeached and accus [...]d [Page 35] by the said Commons, of many deceits, (extortions, and other evill deeds commit­ed by him, against our Lord the King, and his people, as well in the time that he had beene belonging to the House and Coun­cell of the King as otherwise, during the time that he was Farmor of the Subsedies, and Customes of the King. And more especially for that the said Richard by Co­vin had betweene him, and some of the pri­vie Councell of our Lord the King for their singular profit, and advantage, had procured and gotten many Patents, and Writs of Licence to be made to carry great faith and credit. whereby Skins, wools, and other merchandises were transported other where then to the Stap [...]e of Callis, a­gainst the Ordinances an [...] defences made in that behalfe, concerning the same before time in Parliament. And for that he had imposed and procured to bee put upon Wools, Skins, Leather, and other Merchan­dises, certaine new Impositions without assent of Parliament, and those Impositi­ons and Taxes without permission of the King, or of the High Treasurer of the Realme, having not medlage therewith, and it was said how hee uncertainly tooke ten shillings in one parcell: and twelve pence in another parcell of every sack, &c. [Page 36] which mounted to a very great summe throughout all the time that hee had beene receiver, or Treasurer: and likewise of an­other new imposition of foure pence by him made, and put upon every pound of money upon the Lumbards, and other Mer­chants for a discharge by his owne proper Authority, and without warrant and as­sent in Parliament, or otherwise, and the same imposition of foure pence the pound, contrary to piety collected and kept as to the use of our Lord the King, whereof hee payed nothing. And also of divers loanes made to the use of the King without cause necessary, and more especially of one loane which he newly had at London, of twenty thousand markes, where our Lord the King was bound to pay 30000. markes, and that by the Counsell of the said Richard, and others in the Kings Court, who have covenanted with the receivers to have part of the gaine, and to be parties secret­ly to the said loane: the said Richard tak­eth the said money, and afterwards gain­eth by way of vsury of the King his Lord, (of whose Councell hee was before) a great quantity of money in great dammage and deceit to the King, and also many other extortions thro [...]ghout the Realme, and so demeaned himselfe against his Councell, [Page 37] Treasurer and receiver, concerning the new impositions as otherwise, taking up­on him in all the said matters the Royall Power which was horrible to rehearse. And also for that our Lord the King had beene debtor of Record to divers Gentle­men, of many great summes of money; so had the said Richard by the assent of o­ther privie complices in the Kings Court, of the said Covin, caused many such ac­counts to be bargained, and compounded sometimes for the tenth penny, and some­times for the twentieth, or a hundreth pen­ny, and hath procured the King to pay the debts intire, and so by such his subtil­ties, and for his singular profits as well our Lord the King as the said debts, are wickedly abused: and more especially the Prior of Saint John of Ierusalem in Eng­land, to whom the King was debtor of a certaine summe, and the said Richard hath had twenty foure Marks thereof for Broak­age, to cause the said Prior to have payment of the remnant: and another time of the Lord Steward to whom the King was al­so a debtor, and the said Richard hath had of him by the same manner another great, summe of money, and so of many others in great deceit, slander, and villany to the King and his Court. Whereunto the said [Page 38] Richard present in Parliament, saith, that as to all the said Loane made to the King of the twenty markes aforesaid, hee is al­together without other fault, and further saith, that he at no time had profit or gaine, nor tooke any thing at all of the Loane a­foresaid nor of the said money, nor in other things, and that he was ready to prove by all wayes reasonable when they would de­mand of him: and as to the said Impositi­ons of ten shillings and twelve pence the sack of wooll, &c. & 4. pence the pound of money, he could not cleerely excuse him­selfe that he had not so levied and collected and thereof taken money his part, that is to say, 12. pence of every sack of Wooll, &c. but that was (hee said) at the commande­ment of our Lord the King, & at the prayer and assent of the Merchants, who demand­ed such Licence, and as to the remnants of these Impositions he had wholy delivered them to the receiver of the Kings chamber, and accountable is the receiver in the Par­liament. And the said Richard first of all collected the same, having a Warrant by which authority he hath before shewed in Parliament, under the Seale of the King himselfe and his Councell so to doe, and thereupon were witnesses produced in Par­liament, that our Lord the King had ex­pressed [Page 39] a day for the same. And some Lords there present in Parliament were, that knew not how or in what manner he was become in such office under the King, (and what is more) that the King knew him not for his Officer, and that amongst other Ar­ticles, the said Richard made no answer, wherefore the said Richard was awarded to prison during the Kings pleasure, and distrained to fine and ransome according to the quantity of his trespasse, and that he loose his freedome of the City of London, and bee no more in Office under the King, nor approach to the Kings Court or Coun­cell, and thereupon another time the said Richard was sent before the Lords of Par­liament, where it was said to him that it seemed to the Lords that his offences were so great and horrible, that hee had not suf­ficient wherewith to make satisfaction, and forthwith the said Richard submitted himselfe into the favour of the King, his body, his Lands, Tenements, goods and Chattells, and willed and granted that his body goods and Chattells should bee at the Kings will to give, and as to the Ex­tortions done by the said Richard, or his Deputies from the time that hee was Far­mer of the subsedies, or Customes as before­said, it is ordained in Parliament that [Page 40] good Inquiry bee 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 Earles 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 Brittaine, when he was in Office with the King, as otherwise in England the time that he was Chamberlaine, and of the privie Councell o [...] the same our Lord the King. First of all concerning that when the said L. Lat. had bin long Captain of Becherell. and Officer of the late King Edward in Brittaine, if before or during the peace or truce it was committed. And thereupon it was proclaimed and publish­ed under the King through Brittaine that no English man, nor other Forreigner shall take Wines, Victualls nor other things of any persons, Towns, Castles nor of others, except they pay presently for them nor [Page 41] shall they take or ransome any Person, Town, Fortresse or other place, upon paine of what they may forfeit, notwithstanding all which the said Lord Latimer, and his Lievtenants and Officers caused to be taken by wrong and violence, of diverse Gentle­men of the Countrey, much wines and vi­ctuals to a great value, without paying any thing, and likewise ransomed many by oaths, and in taking and receiving ransoms unto the summe of 4 millions, and 3 thou­sand pounds: whereof our Lord the King enjoyed nothing, to the great dammage and villany of the King and oppression of his people and the said parts, and against the Proclamation and defence aforesaid, as in a letter made and sealed with the seales of many Lords of Brittaine 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 summes were taken, preferred a Bill in Parliament in forme as followeth.

[Page 42]It is to is to bee remembered that the proofes of parties that were ransomed at Becherell and Plymoison during the time of Truce, have paid so much to Master John, port-Constable of Bech [...]rell for the Lord Latimer, and to William his sonne, and to Hugh Middleton Receiver of the said Town or to the Lord Latimer departed out of Brittaine.

The yearly summe 40 Franks.

And likewise the said Constables Wil­liam and Hugh, have received of the ran­somes of such as were wont to bee ranso­med during the Warre more moneys than would have well payd all the Souldiers of the said Town.

The summe 50 Franks.

And likewise the said Countrey of Brit­taine have paied to the said Constables Wil­liam and Hugh, for the death of divers Gentlemen liege men of our Lord the King that were killed upon the land of Brit­t [...]ine.

The summe 30 Franks.

And likewise the said Constable, and William his son gathered upon the Coun­trey of Brittaine, to send Monsieur Gakes [Page 43] from Plimouth dates to England.

The summe 12 Franks.

And likewise the said William for that he lost 20 Marks in the Isle of Garnesey, in a Ship, put a fane and ransome upon the said Becherell.

The summe 1000 Franks.

And likewise Robert Ravenstons boy, had stollen stollen a h [...]lf salt-seller of silver, and therefore the Land of Brittaine was ransomed.

The summe 2 Franks.

And likewise the said Constables William and Hugh Receivers of the said Town, had received divers times for victuals sold as salt, wine, beefe and other commodities, to the summe of 1000 Franks, to the great losse of your poore liege-men, and to the Town of Becherell. For by these extorti­ons which they had borne and sustained by the horrible necessity of the poore people, and likewise of the Gentlemen, was the said Town lost. Wherefore they beseech our Lord the King and his Councell, to cause the said Constables William and Hugh to come and answer the aforesaid receits, so that our Lord the King may be served of [Page 44] that which belongeth to him, and that your poore liege-men that were in the de­fence of the said Town may be paid, their wages for the time that they were in the said Town, if so it be your pleasure.

And likewise the said Lord Latimer was impeached by the Commons of divers loanes, made to the use of the King with­out cause necessary, to the great losse and and grievous dammage of the King, and more especially of a loane that was made of late to the use of the King, by the coun­sell of the Lord Latimer, Richard Lions and others of his covin of 20 thousand markes, where our Lord the King was obliged to his Creditors in the said Case to pay again 30 thousand marks, and that was done by covin of the said Lord Latimer, and o­thers that were privy with the said Credi­tors, to have part of the said Gaine, and to be parties to the said deed, or without an­swering the said loanes; for it was furnish­ed in speciall, that the said money was the Kings own, taken out of his Chamber or Treasury, and also the proper money of the said Lord Latimer and Richard Lions, who appeared as if oppressed by the said loane, and also for that by like Covin between him and the said Rich. Lions for their singular profit & gaine he had procured and coun­selled [Page 45] our L. the King to grant many Licen­ces by Patents and Writs, to cause a great quantity of Wools skins, and Leather and other things, to be carried to parts beyond the Sea, other then to Callis, against the Or­dinances and defences made before time, in that behalfe, to the destruction of the sta­ple of Callis and of the moneyage there, to the great dammage of the King, and of the Realme of England, and hurt of the Town of Callis; and likewise that by such covin done betweene him and the said Richard Lions for their singular profit, he had cau­s [...]d to be put upon the wools, skins, leather and other marchandises of the Staple, di­vers new Impositions. That is to say of e­very sack of wooll passing other where than to Callis, by such Licence 11 s. more against the Statutes and Ordinances the­reof made, and also for that by his singular profit and ill government betweene our Lord the King and his Realme, they have had and suffered many other grievances, losses, dammages, and villanies with­out number, as the losse of the Towne of S. Saviour in Normandy, & of the said place of Becherell, and of other Fortresses which might have been well saved and kept, if the King had been well counselled.

And also concerning certaine Spies and [Page 46] other felons taken and imprisoned by the King, and after delivered by the Lord La­timer, of his own proper authority, with­out the knowledge or pleasure of the King, taking upon him, and incroaching notori­ously in doing these things upon the Roy­all power.

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 Realme, as well in giving of Judgement as otherwayes in time to come, if please our Lord the King, and the Lords assembled, he might be put to answer to him, which in especiall would accuse him of any of the matters aforesaid, and afterwards for that no especiall 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 hee was Captain of Becherell and that such a Peace was made in Brittaine under the King, and that an inquiry was made and put in writing & [...]ealed with many Seales of the Lords of Brittaine, and sent to our Lord the King in England, which enquest is there called Ragman, but he saith that [Page 47] this Enquest was made by the Brittons and French, which would not have our Lord the King, nor any Englishman for their Go­vernor, and falsly 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 himselfe, that all the pro­fits, which he at any time received by him­selfe or otherwise in Brittaine, passed not in all things the summe of 10000 l. acco­unted in the same summe of 10000 l. all the profits which he received for the ransome of Viscount of Roane and of other prisoners which he tooke at the Battaile of Crey and this he is ready to prove by all reasonable wayes 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 Realme, (as aforesaid) and likewise made out of the Realme, and that therefore all men ought not to hold him of the lesse credit or Reputation. And soon after the Commons having this answer of Submission prayed the Lords of Parliament in behalfe 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 [Page 48] 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 Parli­ment concerning such men as he made his Deputies or Lievtenants at Becherel and Plimoyson, the said Lord Latimer faith, that hee 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 Kings Councell, and thereupon right should be done on every part. As to the loanes 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 behoovefull. 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 tooke any money or other [Page 49] thing of the King, nor of any other to make the said pretended Loane and that he was ready to prove by all wayes that a man ought to do. And as to the Patents and Writs made and granted for the pas­sing of woolls, skins, leather, &c. other­where than to the Staple of Callis, 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 persued by his counsell only but by him with others, and that the [...]e ac­crewed thereby by vertue 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 woolls, skins, and leather by him of late, nor upon the Coun­trey 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 payed 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 persuing the s [...]id Licences, which moneys he hath not yet put in cer­tain; and further saith, that he took nothi [...]g [Page 50] therof to his own profit by himselfe 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 loane was made to the King of the said 20 thousand marks, the said Wil. Walworth profered in behalfe of himsel [...]e and his companions marchants of the said Staple of Callis, to the Lord La­timer to make a loane 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 repayed the said 10 thousand pounds in their proper hands of the Subsidies due to the King, of their wooll, &c. then next to be passed to Callis, and that the King should covenant and grant that no such Licences shall be hence­forth granted to carry woolls, &c. out of the Kingdom, further then the Staple of Callis. 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 profer. And as to the losse of the said Townes and Forts, and the deliverance of some spies or felons so im­prisoned the said Lord also saith that he is [Page 51] not guilty and that he will prove & avow by all reasonable ways that he ought to do. And therupon many other words and rea­sons shewen 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, Iudgement 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 Kings losse without necessary cause, and also of Patent [...] made in destruction of the Staple of Callis, and als [...] of divers Imposi­tions put upon woolls against the Statute of Parliament in that behalfe lately made, he is awarded by the Prelates and Lords in full Parliament to prison, to be kept in Ward of the Ma [...]shall, and to make ra [...]som at the Kings will, whereupon the said Commons beseech the King for that he is found in such defaults by his singular Coun­sels, he being in all Offices of the King and especially one of the Kings Privy Counsell [Page 52] throughout all that time it was requested that the King would bee pleased to grant that the said Lord might go under baile, whereupon the King willed and granted that the said Lord Latimer should find in Parliament certain Prelates, Lords and o­thers during the Parliament to have his body before the King and the Lords to an­swer further to the Articles wherof he was [...]o arrested under a certain paine and forme comprised in a Schedule annexed. And un­der such surety, the Marshall of England let him go at liberty.

Ibidem N. 31.

ITem Will [...]am Ellis of great Jermouth, is impeached and accused in this present Parliament in divers manners first, viz. by the surmise of the Commons made to him, that the said William whilest he was Far­mer to our Lord the King of his pety Cu­stomes in the Port of great Jermouth, and Deputy of Richard Lions Farmour of the Subsidies of 6 d. the pound, granted by our Lord the King of all Marchandizes passing out of the Kingdome, and entring in the [Page 53] same for the safeguard of the Sea, and of the Marchants passing by Sea, and of their Marchandize, he did take by him and his servants, as well English as of Strangers in the said Ports and members thereof, by way of extortion, by colour of his said Of­fices, many great summes of money, and otherwise that he ought not to have done, in great prejudice, slaunder of the King, and dammage of the said Realme, and to the oppression and wrong of the Mar­chants aforesaid.

And the said William Ellis present in Parliament, saith, that true it is, that he is one of the Farmours of the said pety Customes of the Marchants passing and comming, saving the purport of the Com­missions thereof made, without that that he tooke the same, or caused any thing to be taken by extortion, more than was clearely due to the King, and that hee was ready to prove to the King: by whatsoever way way hee ought to do, and the Commons replying said, that the said William confessed to them in the Common assembly in the Chapter house within the Abbey of Westminster the day before, that he had received the said 33 l. & prayed that against his owne ackow­ledgement so openly and before so [Page 54] many persons he might not at other times be received to say the contrary. And ther­upon the said Commons brought in Parli­ament John Botild & Willi. Cooper of Leiw­stoft and two others that affirmed they had payed to the said William Ellis by the said Marchan [...] of Scotland, the said 3 [...] l. for full Inform [...]tio [...] of the matter aforesaid, which John and William Cooper being thereof exa­mined in Pa [...]liament acknowledged that t [...]ey were obliged to our Lord the King and to the said William Ellis by their obli­gations or letters obligatory in the said 33 pounds together with the said Scot, which was their hoast, and payed at a certaine day for the said Subsidy of 6 d. the pound due of all the marchandizes in the said ship and the truth was that the said Scot dis­charged nothing of all the matters afore­said, at the day of payment, but that they payed to the said William Ellis the 33 l. and therupon the said Commons prayed Iudg­ment upon the same said William Ellis who said, that although that he had received the said 33 pounds of John Botild, and of the other aforesaid be received it not but as supposing the same a gift, and that without c [...]ndition, and that as often as concerning the [...]ame hee should have a Writ or other Commandement of our Lord the King he [Page 55] would make deliverance thereof, which otherwise he would not do voluntarily. I­tem, afterwards the said John Botild and William Cooper did put in the Bils in form which followeth. To our Thrice doughty Lord the King and to his Sage Councell, Sheweth John Botild of Lewistoft that the munday next after the Ascension of our Lord, in the yeare of the raigne of our Lord the King that now is, the nine and fortieth that there was chased by tempest in Kirke la Rode, one Cockboat of Gotham in Pruse, whereof the Masters name was Henry Luce charged with divers Marchandizes of the Marchants of Pruse, that is [...]o say, Freeze, and other marchandizes. And the same day William Savage Clerke and servant to Wil. Ellis, by commandement of the said Willi­am Ellis, tooke of the said Cockboat for the marchandizes (neither discharged the same from paying custome then) 17 no­bles and a last of leather, the price of the last 10 pounds 16 s. at Lewistoft before the boat went out of Kirke la Rode, to the great danger of the said Marchants. And because that the said William Ellis knew that Wil. Cooper would come to this Par­liament and shew this grievance & others in aid of the Marchants, and also set forth how the great Charter Huc. Ang. might be [Page 56] amended in aid of the whole Realm, the said Wil. by his false suggestion, caused the said Wil. Cooper to be arrested and cast in prison, for the space of 3 weeks: May it please our thrice doubty L. the King & his sage Coun­cell, to make remedy thereof in worke of charity. Which Billes passed in absence of the said Wil. Ellis, he saith, that as to the said 17 nobles and skins, called leather, he could not sweare for him, nor for any of the said Marchants of Pruse, nor other whatsoever, and the said John Botild and Wil. Cooper affirming the contrary; at last it was said by the Lords in Parliament, that those Billes touching the entry of the leather, were now in the Kings Bench for Triall. And as to the said Imprisonment, the said Wil­liam Ellis saith, for that he was warned in cōming to London by many sufficient per­sons, that the said John, & Wil. Cooper, with 36 other persons of Lewist. did lie in wait for the person of the said Wil. Ellis at Wick­ham market in Suffolke and going there in the high way of Gerneith from London, at such time as the said W. was going towards London, carrying with him a great summ of the K. money of the Customes & Subsidies aforesaid, and for that the said W. Ellis is a­warded to prison to make fine & ransom to our said L. the K. & it is awarded to either [Page 57] of the said Iohn and William Cooper twen­tie pounds for their dammages, and dis­pences during their said Imprisonment, had and suffered. Also it is awarded that the said Commissions be made to sufficient Gentlemen, to enquire of William Ellis, and of all others Deputies of the said Rich­ard Lyons throughout the Realme.

Parl. Anno 1. R. 2. n. 32. & 33.

ITem William Fitz-Hugh Goldsmith of London preferred his bill in Parliament, in form as followeth: To our thrice excel­lent & thrice noble Lord the K. and to his thrice Honourable and thrice sage Councell shewen the poore Commons of the my­sterie, and company of Goldsmiths in the City of London: that Iohn Chichester, Iohn Botesham, and many other Gentlemen, and ric [...] goldsmiths of that mystery in the same City, by their compassing and sub­till devising deceitfully have caused many of the said company to enseale severally di­vers obligations, and those who refused so to doe were taken and imprisoned and in danger of death by many grievous threatnings of the said goldsmiths, who had sealed severally divers obligations as their poore companions had done before, [Page 58] to cause that the said poore Goldsmiths should not buy, nor sell to any Merchant Cutteller, Ieweller, Vphoulster, nor to any other forraigner nor Denizen, any goods of their working except they sold the same at a treble value, and that none of them should carry gilt, nor any other thing of gold or silver to any Ladie or other per­son to make profit thereof, and if they did that the paine comprised in the said Obli­gations should incurre upon them, as be­fore the major Sheriffe and Aldermen of the s [...]id Citie, as by the confessions of the said rich Goldsmiths it was proved, wher­upon it was unreasonably debated, so that it was put by good mediation and advice to the said Maior, and many of the Alder­men of the City: the said rich and poore Goldsmiths put themselves in Arbitre­ment of three good men, for a finall accord of all the debates and quarrells betweene themselves, which Arbitrators assented up­on certaine points rehearsed to the parties aforesaid, and ordained the same points to be affirmed and inrolled in the Parlia­ment for ever, and thereupon the said par­ties were released. But notwithstanding this Agreement the said rich Goldsmiths would not assent, nor suffer that the s [...]id points bee inrolled and holden as the said [Page 59] Arbitrators adjudged: And furthermore by their procurement many mischiefs doe from day to day arise to the wrong of the said poore Commoners so farre as they are like to be undone (which God defend) and have purchased likewise a new Charter a­gainst the said agreement, to the great de­cay and hurt of the said poore Commons: may it please you (thrice gracious Lords) to ordaine and command that the said Ac­cord b [...]e affirmed, and holden finally for good, and that the said Charter and other things, tending to the prejudice and losse of the said poore Goldsmiths, bee made voide for Gods sake and in the worke of Charity. And thereupon the said Iohn Chi­chester and Iohn Botesham, and many other Goldsmi [...]hs of London came i [...] Parliament, and havi [...]g heard the said Bill, it was forthwith demanded of the said William Fitz-Hugh, if hee would maintaine the said Bill, and finde pledge to doe, and an­swer that which the Law demandeth, who said that he would doe so, but af [...]erwards he could not bring in his surety, nor pleadge to answer the said Bill, so was the said William Fitz Hugh commanded to the Tower by the award of the Lords in Par­liament.

Ibidem Anno 41.

ITem the said 24. day of Decemb: during yet this present Parliament. Alice Piere Alice [...]ierce was caused to come in the same Par­liament before the Prelates and Lords, for to answer certaine matters, which by Let­ters should bee surmised against her in the Kings name, and thereupon by comman­dement of the Prelates and Lords of the said Parliament, Master Richard Scroope Treasurer, Steward of the house of our Lord the King rehearsed in Parliament, in the presence of the said Alice, an Ordinance made in Parliament holden at Westminster; the monday next after the feast of Saint George, the yeare of the reigne of the King Vnckle of our Lord the King that now is, the 50. in these words, For that complaint is made to the King that many women have persued in the Courts of the King, di­vers businesses and quarrells by way of maintenance, and to have a share: which thing displeaseth the King to defend, and that h [...]nceforth no woman shall doe so; and more especially Alice Pierce upon paine of whatsoever the said Alice may forfeit, and to be banished out of the Realme, and after this rehearsall made the said Steward sur­mised to the said Alice; that it seemed to [Page 61] the Lords of Parliament that she had in­curred the paine comprised in the said Or­dinance, and had forfeited against the said Ordinances in certaine points, and more especially in two, viz. that she stayed Master Nicholas Dagworth Chancellour, when he was ordayned by the Councell of the late King to goe into Ireland, for cer­taine urgent businesses which should have beene profitable to our late King, and his Realme; the said Alice after the said Or­dinance made as aforesaid, perswaded the said King in his Court at Havering, that at her singular persuit and procurement, the said Nicholas was countermanded and his voyage stayed from all that Island, to the great dammage of our said late King and his Realme.

Item, That whereas Richard Lions for misprisions w [...]ereof he was convicted at the said Parliament, holden the said 50. yeare of our late King Edward, submitted himselfe in the Parliament into the favour of the said King (that is to say) his Body, all his Lands and Tenements, and he gave some of them to the Earle of Cambridge, and some of them to Master Thomas Wood­stock now Earle of Buckingham, for terme of their lives: the which our late K. after ha­ving pitie of the said Richard, was willing [Page 62] by the assent of his Councell to shew him favour, and to pardon him the Imprison­ment of his body, and to restore him to cer­taine of his Lands, goods, and chattells a­foresaid, which pardon seemed to our late King and his Councell t [...] be a grace suffici­ent, notwithstanding the said Alice so per­swaded the said late King in his Court at Sheene, that by the singular persuit, and procurement of the said Alice, our late King Edward granted to the said Richard, all his Lands, goods, Tenements and chat­tels aforesaid, together with the said Te­nements which hee had given to the said Earles for terme of their lives as before said, & amongst the same pardoned the said Richard 300. l. of certaine Arrerages due by the said Richard in the Exchequer, and also granted him a thousand marks of his Treasure to bee [...]eceived of the said Ladie, which persuit and procurement are contra­ry to the Ordinance aforesaid. And the said Steward demanded of the said Alice how she would excuse her selfe of those Ar­ticles? which Alice did answer and say, that she was not guilty of those Articles, and that she is ready to shew and prove by the Testimony of the said Master Iohn Ipr [...] then Steward of the said King Edward, & William Street then controller of his house [Page 63] Allen Buxall Knight, and Nicholas Carrein Keeper of the privie Seale of the said King and others that did then belong to the said King, and afterwards from him to the time supposed, that she committed forfeiture, and that they can discover the truth. And thereupon day is given unto the said Alice untill Wednesday next, by the Pr [...]lates, and Lords of the Parliament, and it was or­dained and assented that those Articles shall be tried by witnesses and by enquest of those that were of the houshold of the late King Edward, whereby the truth may better be knowne, and thereupon were certaine persons examined before the Earle of March, the Earle of Arundell, the Duke of Lancaster, the Earle of Cambridge, and the Earle of Warwick; that is to say first Master Roger Beauchampe late Cham­berlaine of the said King Edward, sworne upon the holy Evangelists, and dili­gently examined touching the Counter­mand of Master Nicholas Dagworth, and upon the other Article concerning the said Kings pardon, and favour to Richard Li­ons, saith upon his Oath, that in presence of the Ladie Alice Pierce a Bill was delivered to him, which Bill he tooke, and after hee had understood that the same contained the calling back of Master Nicholas Dagworth [Page 64] from Ireland, for that he was an en [...]my to Master William Winsor, to that which the Bill supposed he answered, that hee durst not preferr it to the King for that the Counsell had ordained the contrary, and the said Alice requested him and said that he might safely deliver it to the King, and presently the King demanded of what mat­ter they discoursed, and the said Master Ro­ger answered of a Bill that doth containe such businesse, & forthwith when the King had understood the Bill, hee answered that the Petition was reasonable, and when Ma­ster Roger replyed the Councell had ordai­ned to the contrary, the King answered that he himselfe was agreeing, and that yet it seemed the Bill was reasonable, and com­manded him that the said Master Nicholas be caused [...]o be called back, which was like­wise done, but what day or moneth it was he remembreth not, and as to the matter of Richard Lions the said Mr. Roger saith, that he was Chamberlaine but an houre, and so knoweth nothing more then he hath said.

Item Master Lanc. diligently examined before the Committees saith, that he came one day to Havering, and found the Ladie Alice Pierce there, and forthwith Master Roger Beauchampe shewed him Billa, and [Page 65] after the King understood the matter, hee said thus that it seemed not reason, that one en [...]mie should bee judge of another, and the said Duke answered that hee was come betweene them, but it was so that the said Ma [...]ter Nicholas was sent for the profit of the Land, and of all the Realme; and there­fore it was ordained before the King that the said Master Nicholas and Master Willi­am doe come before the Councell, and if the said Master William could prove any cause for the Enmity betweene them; that then the said Master Nicholas shall not goe if he well can prove such enmity; other­wise the Ordinance of the Councell made in that behalf shall stand in force: to which thing the King did well assent for that time, but forthwith the King was assailed in his chamber by the said Ladie Alice, and there came in the said Duke and prayed the King that he would not suffer in any sort, that the said Mr. Nicholas bee called back, who answered, that it should bee no other­wise then it was afore ordained before the King, and when hee came in that behalfe to crave a testimoniall favour, hee could not obtaine it, and the next morning when the said Duke did his obeysance to the King in his bed. The King himselfe com­manded upon his blessing that he suffer not [Page 66] in any manner that the said Master Nicho­las goe into Ireland, The Ordinance there­of made the day before to the contrary notwithstanding, and likewise the said Master Nicholas was countermanded, and as to the Article of Richard Lions, hee saith in his conscience that the said Alice was principall promotrix of the said businesse: but he was not present when it was done.

Item Master Philip de Bath sworne, and diligently examined, saith, as to the Article of Master Nicholas Dagworth, that he heard not the said Dame Alice speak to the King of the same matter, but hee heard in the Kings house the said Ladie Alice make a great murmur and say, that it was no rea­son nor Law, that the said Master Nicholas who was an enemie to the aforesaid Master William, should goe into Ireland to enquire, and doe Iustice against him, and more hee know [...]s not how to say in this matter. But as to the Article of the said Richard hee saith, that he was one day at Sheene when the said Richard was brought before the King, and that he was called into the Kings chamber to heare those things that were to be done, and when he understood a little of the matter he would not stay in the cham­ber; and further he saith that there were then in the Kings Chamber, the said Lady [Page 67] Alice, Nicholas Currein; Master Allen Bux­all, Walter Walsham and many others; & saith that she was in the Court; and that the said Lady Alice was an aider and friend in the businesse.

Item Nicholas Currein sworn as aforesaid: and diligently examined saith, that he was commanded by the King to come to Sheer, & there he found Rich: Lions: which Rich­ard and Nicholas were commanded to come before the King to his bed, and there they fou [...]d the Lady Alice Pierce sitting at the side of the bed: and there it was shewen that the King would pardon the said 300. l. to which he was yet bound to the King, as of the arrerages of his accompt in the Exchequer, and also the King would give to the said Richard 1000. markes of his Treasure, and further would make full re­stitution of the Tenements which had bin given to his sons of Cambridge, and Wood­stock as before said. And thereupon the King commanded the said Nicholas to say from him his pleasure to his said s [...]nnes, but he sai [...]h that hee remembreth not i [...] that matter were showne 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 him­selfe: the said Nicholas remembers him­selfe [Page 68] very well: that he requested to come before the King, who caused to come from behind [...]h [...] curtaines Master Allen Buxall, and others Knights, and Bishops which then were there to testifie that which the King had said to the said Nicholas in the said commandements and so it was done, and all the commandements of the King were r [...]hearsed in presence of all those men.

And as to the matter of Master Nicho­las Dagworth he saith, that he knowes no­thing but that Master Roger Beauchampe sent him to countermand the said Master Nicholas.

Item Master Allen Buxall sworne in like manner, and diligently examined saith, that one day at Sheen after the last Parlia­ment he was called to the King, where hee found the Lady Alice Pierce, Nicholas Cur­rein, and many other Knights, & Esquires which came with him, and there it was re­hearsed by the said Nicholas, how the King had shewed favour to Richard Lions of his Tenements, which were holden by the Earle of Cambridge, and Master Thomas of Woo [...]stock, and had given him a 1000. marks of his Treasury: And as to that which was don, the said Dame Alice Pierce prayed the same Mr. Allen, that hee would [Page 69] declare to the said Earles the Kings will, & his chargings upon the blessing of their father, to cease to extend the Tenements of Ma [...]ter Allen, and that they doe it volun­tarily if the King commanded them to doe so. And forthwith at the instance of the said Alice the King commanded, and it was also done. And as to the Article of Master Nicholas Dagworth he saith, that he knoweth nothing but that hee heard the said Lady Alice say many tim [...]s, that it is not reason nor Law that the said Mr. Ni­cholas who was enemy to Master William Windsor, should bee sent into Ireland to make Inquisition of him or against him.

Item, Will: Street late controller of the Kings house, sworne in like manner, and diligently examined saith, that he was one day at Havering, when William [...]f Yorke spake to the K. of William Windsor, in pre­sence of the Lady Alice Pierce for to disturb the passage of Master Ni [...]holas, and the said Lady Alice said, that it [...]as not reason that one Enemy shoul [...] bee Iudge of another, And moreover the said William Stre [...]t saith in his consci [...]nce, that the said Lad [...] Alice was principall and motrix of the said cause, as he verily beleeves. And as to the Article of Richard Lions he knowes nothing before it was all finished.

[Page 70] Item, John Beverill sworne in like man­ner and diligently examined saith, that he heard not at any time the said Lady Alice speake to the King concerning neither the one Article nor the other, and that she kept her selfe well from him, that she spake no­thing in his presence, but hee thinks in his conscience that she was the promotrix in the said businesse, for hee knowes no other which could have followed that matter, and notwithstanding they were caused to come before the said Duke, and the said Earles, Mr. Robert Beauchampe, Master Allen Buxall, Master Iohn Burle, Mr. Philip de la Page, Mr. Iohn Foxley, and Thomas Barre Knight, Nich: Currein, Iohn Beauchampe of Holt, John Beverly, George Felborough, John Salisbury, William Street, Pierce Cornewall, Thomas Lurden, Lolvin Legat Esquires of the house of the said late King Edward: which doe say upon their oathes that the said Alice was principall promotrix to the said King, at his Court a [...] Havering, a­bout the Feast of All Saints in the 50. yeare of his Reigne concerning that Arti­cle, touching the revocation of the said Nicholas Dagworth, and for that she was committed.

Item as to the Article touching Richard Lions, they know well that the said Alice [Page 71] was well willing, councelling and aiding to the said busines prevailing with the said King at Shee [...] in the moneth of May last past, and for that she is found guilty in the same impeachment, and the Lords of Par­liament, that were at Parliament when the said Ordinance was made, remember, that their intention was witnessed, and bearing the force of a Statute, and by the generall words (whatsoever the said Alice may for­feit) extend as well to the forfeiture of Lands and Tenements as goods and Chat­tells and all other possessions considering the dammages and villanies by her done to the King and to the Realme for that it was in effect to restraine, and punish the said La­dy Alice only (wherefore it is awarded in this present Parliament, that the said Ordi­nance have the force and effect according to the intent aforesaid, that she be banished out of the Realm, and her Lands and Chat­tels, Tenements and possessions as well in demeane, as in reversion be forfeited to the King, and seised into his hand and it is the Intention of the King, and of the Lords, & of the Ordinances assented to in the same Parliament, that all the Lands whereof she hath taken the profit, or bargained to her own profit be forfeited, because of the fraud which may bee presumed in which shee is [Page 72] most abounding, for which c [...]use the same sh [...]ll [...] [...]or [...]eited to the King, and seised as the o [...]her Lands. And it is the Intention of the King and of the Lords, that this O [...]dinance and award made by the King for such odious things in th [...]s especiall case, which may extend to a thousand other per­sons shall in no other case but this bee ta­ken in Example. Likewise it is ordained and assented, that notwithstanding the said forfeiture if she purchased any Lands or possessions by fo [...]ce or dures; Bee it by fine or by deed in pais or deed inrolled, or otherwise, that the purchase bee holden for nothing, and that the parties which perceiv themselves aggrieved may have re­medy by processe in Chancery, and by ad­vice of the GRANDIES of the Councell right shall bee done to the par­ties; and restitution made according to the case demanded, so that the purchases made bona fide be not made voide nor disa­nulled b [...] any manner of way. Et istud ro­tulum sic factum; & scriptum tradidit & li­bera [...] it Edmundus Bradwell Clericus de Co­rona &c hoc in Parliamento assig. Clerico. Parliamenti.

Ex. Rot Parliam. Anno 7. R. 2. N 11.

ITem It is to be understood that the 23. day of May, there was present, Cavendish against pool C [...]ancellor. one Iohn Cavendish of London pri [...]oner in this Par­liament before the Commons of England, in their Assembly in presence of some Pre­lates, and Lords temporall there being, and afterwards before all the Prelates and Lords being in this Parliament, and pray­ed the Lords, that for Go [...]s s [...]ke they would hasten for the peace, and safety of his life that hee may have iufficient surety of the peace of those whe [...]eof hee complained, and especially demanded surety of the Peace of Master Nicholas de la Poole Chan­cellor of England, and this request to him was granted, and thereupon by Comman­dements of the Lords aforesaid, the said Master Nicholas there present found Sure­ties to be peaceable towards the said Iohn, that is to say the Earle of Stafford: and the Earle of Salisbury: and the said Iohn re­hearsed how at the last Parliament hee had made persuit by one Savill against Gib­bon, Mansfield, Robert de Parry: Iohn Hawkins, and WILLIAM HORSMAN to have Restitution of certaine goods, [Page 74] and marchandizes of great value left upon the Sea, in default of the said Gibbon, Robert John, and William at the time when he had undertooke the safeguard of the Sea; and of the marchandizes passing and comming from Sea, for the time against all Enemies out of the power Royall, which Bill was endorsed in the said Parliament he confes­sed, and acknowledged in the Chancery for to discontinue and determine the matter, by composition according to Law and rea­son.

And further the said Iohn saith, that hee being a Fishmonger hath preferred at the same Pa [...]liament his Bill, for that a Clerk and familiar of the Chancellor whose name was Iohn Otler, undertooke that the said Fishmonger should the better have good helpe in his case of the said Chancellor be­fore whom his busines depended, who was to do Iustice to high and low: which Clerk demanded copies of his Bills, and demean­ed the whole businesse that he delivered to him, which when hee 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, hee should have his busines wel [...] & graciously dispatched by his Lord without difficu [...]y, & upon this pro­mise the said Iohn Cavēdish was well agreed, [Page 75] & granted to pay him the said 44. l. in mā ­ner 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 behoofe of the said Chancellor, in part of payment of the 40. l. aforesaid, and 3. ells of Scarlet, which cost him 32. s. he delivered to the said Clerke in part of pay­ment of the said 40. l. which he promised. And further the said Cavendish saith, that although he had don so much and promised to give more to one person and another al­wayes, 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 hee found there his Ad­versaries before him, where hee encoun­tred them in presence of the said Chan­cellor: but if the said Chancellor be to bee punished for committing of this Affaire, or no, he knoweth not, God knowes, but he saith that true it is, that at a certain day [Page 76] past the said Chancellor caused him to bee payed for his Fishes, and that hee cancelled the Obligation, and that the same was cancelled in bounty, and conscience; or otherwise to shunne a slaunder and reproach in the case, hee knowes not now to say, but saith for certaine, that for the three Elles of Scarlet, hee was not yet payed, and thereupon the said Chancellor first of all before the LORDS and COMMONS answereth, and saith, That in this affaire, and of all this matter hee is innocent in every de­gree; And first of all as to that that is surmised of him by the Accusation hee now saith, that the said Fishmon­ger had not beene delayed, nor is yet delayed by the said Chancellor, and that right and Iustice is done to him in the said Suit, and that the Accusa­tion containes no Truth, and the said Chanc [...]llor voucheth to witnesse all the Iudges, and Serjeants of the Realme who were present in the Chan­cery many times when the said mat­ter was pleaded betweene the parties, which suit is pleaded to issue, whereof part lieth in Iudgement, and part re­maineth untried, so that nothing now re­maineth [Page 77] to doe, but to render Iudge­ment there of what remaineth in Iudge­ment and Traverses thereof have beene 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 hee could not have Iu­stice and that hee is unjustly delay­ed.

And as to the remnant of the Accusa­tion now made, the said Chancellor sweareth by the SACRAMENT of IESVS CHRIST that hee is utterly innocent, and more thereof did never come into his Cognizance, but in man­ner, as hee hath said which is thus and saith, that of late hee had speech with the Officers of his house to know the Estate thereof, and for ordinary pay­ment of those to whom for the dis­pences of his said House hee was a debt­or, and there first of all, and before his Officers hee 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 withall he reckoned [Page 78] with his said Officers how such an obliga­tion was also made by the said Fishmon­ger, who had a generall suit depending be­fore him, and as soone as the heads of this matter was understood by him, hee was much grieved, and in passion did curse and sweare to his said Officers, that hee would not eat nor drinke within his said house, untill the said Fishmonger was payed for that which he had sent into his house afore­said, and the Obligation was utterly can­celled and defaced, and thereupon presently was the said Fishmonger at his comman­dement caused to come in presence of the said Chancellor in the Chappell within his house, where hee stayed for the present time when he was in London, in the same Chappell where our Lord Iesus Christs Sacrament was continually, he swore by the same Sacrament in presence of his said Clerk, & of the said Fishmonger that he was never boūd 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 publick, but by relation of those other Officers in manner aforesaid, and that hee was never a partner to the said Covenant made thereof in any man­ner, nor caused the said Clerk to take [Page 79] the same Obligation, but caused the said Fishmonger to bee payed 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 hee is ready to prove in whatsoever manner it pleaseth our Lord the King, and his Noble Lords of the Realme there present to ordaine, and the said Chancellor prayeth to the Lords afore­said, that they have due consideration to the Estate that hee beareth within the Realme by his Office of Chancellor; that it may so please them to ordayne him due remedie and Iustice of the said Fish­monger, concerning the defame and grie­vous slander which hee had brought up­on his person in Parliament, which is the most high Court of the Realme, and could not accuse the said Chancellor of any thing in his complaint, but onely the Clerk of the said Lord. And for that the said Fishmonger disclaimeth in part, his said Accusation, and so denieth by his owne mouth that hee had not any bargaine 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 [Page 80] Obligation was made to the said Clerk onely, 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 hee was not knowing of the said Ob­ligation, nor of the Covenant aforesaid otherwise then before set forth.

And for that also his said Officers Gib­bon, Robert, and William were perso­nally in this Parliament, and examined upon their Alleageances to say the Truth of their part in this case answered ex­pressely, that they never gave any thing, nor promised to give reward to the said Chancellor in private, nor openly by themselves, or any other person in the World: the Lords aforesaid [...]old the person of the said Chancellor for excused of whatsoever was comprised in the Accusation aforesaid.

And thereupon the said Chancellor prayed againe to the LORDS there, for that as well the said Fishmonger had disavowed his Accusation in part, and for that he might every way be excused there­of for any thing that could appeare to the Iudgement of every discreet person [Page 81] which heareth the said Accusation, that for those words, which the said Fishmonger had put in his Bill, he the said Fishmonger might be arrested untill he had found suffi­cient sureties to tender him that which should be adjudged upon this matter, and especially upon the false slander aforesaid, which he had drawn upon him. And ther­upon it was commanded by the Lords, That as well the said Fishmonger, as the said Clerke should be committed, a [...]d so they were committed to priso [...], [...] [...]fter­wards they were let go at large▪ That is to say, the said Fishmonger by the maine-prise of Thomas Spicer a [...]d Steven Skinner, who w [...]re obliged body for bo [...]y to have th [...] said Fishmonger from day to day, be­fore the Lords aforesaid, or before what­soev [...]r Judges should be assigned: And afterwards, f [...]r 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 therof, was referred to the Iudges of the Kings Bench, to be heard and determined, as well for our Lord the King as for the parties.

In Schedula. Record. fact. apud Westminste­rium per Justiciarios, &c.

ET postea die Martis proximo post o­ctab. Trin. viz. 14 die Junii Anno reg­ni Domini Regis R. 2. post Conquestum 7 Robertus Tresilian capitalis Justiciarius in Banco ipsius Regis, Robertus Belknap capi­talis Justiciarius in Communi Banco, & Ro­ger. Fulthropp unus Justiciarius in Com­muni Banco vigore Commissionis Parliamen­ti dicti Domini Regis, apud Novum Sarum ultimo tento fact. & authoritate ejusdem Commissionis unde in rotulo Parliamenti pre­dicti mentio facta est specialis, contra quen­dam Iohannem Cavendish de London Fish­monger qui Parliamento praedicto primo, viz. Coram communitate regni Ang. Congre­gat. & postmodum alia vite coram magnati­bus ejusdem regni in eodem Parliamento, de Michali de Poole Milite, Cancellario dicti [Page 83] regni, & Iohanne Ottre Clerico ipsius Cancellarii de diversis misprisionibus sibi per eosdem factis, ut asseruit, graviter querelavit; & ipsum Cancellarium per hoc multipliciter accusavit & aefamavit processi, in hunc mo­dum.

Imprimis, viz. ipsum Iohann. Cavendish, Coram iisdem Iusticiariis apud Westminst. dicto 14 die Iunii, assedentibus sibi tunc ibid. Hugone Seagrave Milite, Thesaurario Angl. Magistro Walter de Shirlawe, Custode privati Sigilli, Iohanne Wal [...]ham, Custode Rotulorum Cancellariis, nec non Wal­tero Clopton, Willielmo Richell, & Io­hanne de Lockon serviend. ipsius Regis ve­nire fecerunt, qui ibidem comparens & de ac­cusatione sua praedict. & fact. & in Rotulo Parliamenti praedicti, plenius irrotuletur, cu­jus 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 Iohanne de Cavendish, tu [...]c ibidem allocatum fuit per Iusticiarios praedic. & super hoc quaesitum fuit ab eodem, si quid haberet pro se vel ulterius dicere sciret, quare ipse poenam in Statuto contra hujusmodi defa­matores edito subire non debeat maxime cum Idem Cancellarius se in Parliamento illo ex­cusavit & omni alio modo possibili se inde ex­cusare [Page 84] 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 alius praedict. Cancellarius allegavit in eodem Parlia. clare constare debeat cui cun (que) 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 dāna sua et quod Ioh. Cavendish praedict. commit­titur prisonae Domini Regis ibid. moratur. quo usque tam preafato Cancellario de damnis suis praedictis, quam dicto Domino Regi pro fine competenti sibi inde debito plenarie satisfece­rit.

Rotulo Parliamenti, Anno 10. R. 2. M. 4. & 5.

IN this Parliament all the Commons with one accord and in one assembly came before the King, Prelates and Lords in the Parliament Chamber, complayning grievously of Michael de la Poole Earle of Suffolk, late Chancellor of England being then present, and accused him by demonstrance of word of mouth in manner following, that is to say, First, that the said Earle being Chancellor and sworn to do the profit of the King, purchased of our Lord the King, Lands, Tenements and Rents to a great va [...]ue, as appeares by the Records, and Rols of the Chancery, against his Oath in tha [...] behalfe, not considering the great necessity of the King & the realm. And moreover, because the said Earle was Chancellor in time of the said purchase made, the said lands and tenements were extended at a lesser value than they were worth per annum by a great summe, to the deceiving of our Lord the King.

[Page 86] ITem the said Lords were assigned at the last Parliament to view and examine the Estate of the King and Realme, and to de­clare their advice how the same may bee well amended and put in better Gover­nance and disposition; And the examina­tion & report therupon made to the King, as well by mouth as in writing, the said late Chancellor said in full Parliament, that the said advertisement and Ordinance, ought to be put in due execution, and that it was not done in default of him that was the principall Officer.

ITem, Whereas the charge was granted by the Commons in the last Parliament, to be put into certain forme, demanded by the Commons and assented by the King & the Lords, and no otherwise nor in any o­ther manner then was ordayned, many mischiefes are come to the Realme, and it seemes true, that [...]hey came in default of the said late Chancellor.

ITem, It was debated, That whereas one Tidman of Lymberch, who had to him & his heires, of the gift of our late King E­dward, 50 l. per annum, of the Custome of Kingston upon Hull, which the said Tid­man [Page 87] forfeited to the King; And also the payment of 50 l. a yeare, was discontinued for 20, or 30 yeares, the said late Chance­lor knowing thereof, purchased to him and his heires of the said Tidman the said 50 l. a yeare, and the purchase was untill the K. ought to enjoy the profit.

ITem, It was debated, whereas the high Master of S. Anthony is a Schismatique, and for that cause the King ought to have the profit which appertaineth to him in the Realme of England, the said late Chan­cellor who ought to have advanced and procured the profit of the King, tooke to farme the said profit of the K. for 20 marks a yeare, and there tooke to his own use goods, and 1000 marks and more. And that the said Master of S. Anthony in En­gland, which now is, ought to have possessi­on of the said profit, and he could not have it before he had two persons bound with him by recognizance in Chancery, and o­ther Instruments to pay 3000 l. yearly to the said late Chancellor, and to John his son 100 l. a yeare, for terme of their two lives.

ITem, That in time of the said late Chan­cellor there were granted and made di­vers [Page 88] Charters and Patents of Murthers, Treasons, Felonies, Rasure of Rols, Sale of Woods, and in especial after the beginning of this Parliament, there was made and ensealed one Charter of certain Franchizes granted to the Castle of Dover, in the dis­herison of the Crowne and the subversion of the duties of the places and Courts of the King and of his people.

ITem, By the Ordinance that was made in the last Parliament for the Towne of Gaunt, That ten thousand marks ought to be gathered, and for default of such colle­ction, there ought to bee forfeited 3000 marks, that by default and negligence therein of the said late Chancellor, the said Town was lost, and forthwith the said 10000 marks payed & the said 3000 marks lost by def [...]ult as aforesaid. Of all which Articles the said Commons demand Iudg­ment of Parliament, whereunto the said E. made his answer in manner which follow­eth.

First, the said Earle saith to the Lords of Parliament, how that he was Chancellor of England, and the same time did represent the person of the King in his absence, and demanded if he ought to answer without [Page 89] the presence of the King, for that he was impeached of things done in time that hee was Chancellor.

Secondly, the said E. had ordained by the advice of his Councell, that Master Richad Scroope his brother in Law, should put in the words of his Answer of the said im­peachments.

Whereunto the Lords replyed, that it was honest for him to answer by his owne mouth, and therupon he made protestation that he might adde or diminish in his An­swer what might be honou [...]able and profi­table to him, by advise of his Councell. Which thing was granted to him.

ANd as to the first Article of his im­peachment, That is to say, after that hee was Chancellor that hee purchased certain land of the King &c. the said [...]. doth answer, &c. After that he was Chancellor, he at no time purcha­sed any lands nor tenements of the King nor the King gave to him any, untill the time that the King caused him to take the Estate of an Earle, but by way of true Exchange, videlicet, That how the said Earle hath had foure hundred markes a yeare upon the Custome of Kingston upon Hull by descent of Inheritance, [Page 90] [...] [Page 91] [...] [Page 90] for which it pleased the King to assigne to the said Earle the Lands or Tenements in value; and that he assigned and gave part thereof to the profit of the King as well yearely as because of a summ of 1000 marks payed to the King by the said Earle for that cause. And further saith that the King at his progresse into Scotland pleased to make Duks, Bannerets, and Knights, to the honour of him and his Realme, he plea [...]ed without desire or seeking of the said Earle of his own proper motion, to make him Earle, and commanded him to take the E­state of the Earle of Suffolke in place of him that late died, and after that he named the quantity of that which he had to maintain that estate, and further saith that he will assigne the quantity of the lands, which were belonging to the said Earle of Suffolk who last died.

ITem He saith, That the said Tidman hath had 50 l. a yeare upon the antient Custom of King. upon Hull, to him and his heires inheritably for ever, whereof King E­dward uncle of the King that now is, was not payed of a long time, as appeares by the Accounts of Customers of Kingston upon Hull, in the Exchequer of our Lord the King, which Tidman for 1000 ma [...]kes [Page 91] which he owed to the said Earle, granted to him by his deed a long time since the 50 pounds aforesaid to have and to hold to the said Earle and his heires for ever. And be­cause the said Earle, made restitution of the patent of the said Tidman to the King, dis­charged of arrerages, the K. pardoned the same purchase, without that, that the said Earle then committed or had yet commit­ted any forfeiture, or debt against the King concerning the said Tidman.

ITem, As to the other Article, in which there is mention of a Charter granted, &c. he saith that a warrant came to him for so doing, and for that it was A Castle and to the profit of the King without evill in­tent of the said Earle, he passed it not 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 preju­diciall to the King or his Laws, he had not ensealed the same, but would have repea­led it, and that yet thereof no dammage is come, &c. And as to the other Charters specified in the same Article, he passed them by Warrant without ill intention or covin of his part in any point. And further he prayeth, that no new way bee put upon him otherwise, then had beene used afore­times [Page 92] upon any Lord or such Officers un­derstanding that of the Chancellor make a patent against reason or law. That such patent shal be repealed and such Iudgement reversed, Without inflicting other punish­ment upon such Officer o [...] Iudge. And the Commons replying to the Answer of the said Earle, concerning the first Article, did shew to the Lords the copy of his Oath, made when he was created Chan­cellor, in manner as followeth.

YOu shall sweare that well and loy­ally you will serve our Lord the King and his people, in the Office of Chancellor, and shall do right to all sorts poore and rich, according to the Laws and Usages of the Realm, and lawfully shall Counsell the King, and his Counsell shall keep. And you shall not be privy, nor suf­fer any dammage, nor disherison to the K. nor that the rights of the Crown be taken away, if you can any way hinder it, and if you cannot hinder it, you shall make the same cleerly and expresly known to the K. Together with your loyall Advice and Counsell, and you shall cause and purchase [Page 93] the profit of the King, by all that lieth in you to do reasonably, so helpe you God and his holy Gospell.

ANd praying that the same might be read well understood, and the circumstances of the said Answer considered, viz. That he had not denied that he received of the Kings gift after that he was made Earle, be­ing in the Office of the said Chancellor, di­vers Lands and Tenements which are cer­tai [...] and sure of the value of 400 marks a yeare, which he hath had upon the Custom of Kingston upon Hull, which are casuall & may deceive the King to his dammage in that behalfe. And how he said that he had received part of the [...]id Lands and Tene­ments, so taken [...]n [...]xchange before he was Cha [...]cellor. The Commons say, that he was then of the privy Councell, and afterwards sworne in the creation of the Office of Chancellor, by the aforesaid Oath, and he in that Office agreeing to the exchanges, takes and receives the remnant of the said Lands and Tenements in full performance of the exchanges, as by his Answer in Par­liament aforesaid.

[Page 95]ANd in Answer to the second Article, the Commons replying, say, That in­somuch as he acknowledgeth in his proper protestations, That he represented the E­state of the King, while he was Officer: and so extends his power upon all others, wherfore although default was in others, he cannot therefore be excused, and especi­ally of that which the King had comman­ded him to speake in Parliament as he had said, he was the more bound to put the said matter in execution, and to confesse, what he denied not, the dammages are no lesse than they have surmised: They pray the Iudgement of Parliament.

ANd as to the Answer of the fourth Article, the Commons replying say, That it shall be found of record in the Ex­chequer, the aforesaid Tydman to be deb­tor to the King in great summs as they suppose, and for that cause the said rent ap­pertaines to the King, 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 Neele Hackney was killed by his wife and his servant, and the said Tydman for which felony, the said woman and ser­vant [Page 94] were arraigned found guilty, and suf­fered the Iudgement and execution of the Sentence of the Law, and the said Tyd­man as followeth.

ANd to the Answer of the fift Article, the Commons prayed again, propo­sing the example of one William Thorpe late Chief Iustice of the Kings Bench, surmising that he tooke 20 l. of one party who had an Office in plea before him, and for that he sold the Law, for which cause he was judged to death & forfeiture of his Lands and Chattels, and say insomuch as the said Earle was so Chancellor, and tooke 100 l. &c. of the said provision there comman­ded to be delivered out of the Kings hands of his profits, which hee ought to have done according to the command of the K. freely without taking any thing, it seemeth to them that hee hath sold the Lawe and prayen Iudgement.

ANd to the Answer of the sixt Article, the Commons replying said, That it appertained to him (as wise as he is) to be well advised and counselled, that he assent not, nor do such a thing which may tend to the disherison of the King, and op­pression of his people, as he would a­voyd [Page 96] the Indurance of the Iudgement of Parliament.

ANd thereupon the said Earle replying to the Replication of the Commons, touching his oath said, That to take the words of the said oath without other speci­all Intendment no Chancellor heraftet will inseale any thing of the Kings grant to any persons of Lands and Tenements or other Goods without offence of his Oath. But the said Earle saith, That it is not compri­sed in the said Oath, nor forbidden him to take to himselfe of the Kings gift, nor to any other person.

And for that the Kings gifts to other persons in the said voyage, nor of divers o­ther things before, be not impeached not holden against the Oath of the Chancellor, it seemeth to him that no more he ought to be impeached for the gifts given to his personall estate, seeing that in the said Oath it is not forbidden nor restrained to him more than to others, & more especially for that the said Estate and the Gifts given are confirmed by Parliament, and further saith, that he accepted of his Oath of Chancellor according to his conscience and power, and for the causes before expressed, he saith, as he shall answer before God, that he thinks [Page 97] nothing done in the matters aforesaid a­gainst his Oath, or understanding of his conscience, but that the Chancellour may inseale the Kings guifts to the Lo [...]ds for to maintaine their Estate; or for other reasonable cause by the Kings warrant, and that hee hath done nothing against his Oath, &c. And saith that, that which is comprised in the Oath that hee suf­fer no dammage, not disherison of the King &c. That is to bee understood of that which is intended, of matters wher­of the King hath not cognisance, and that appeareth by the clause comprised in the Oath, that hee shall make known to the King cleerely, and express [...]ly: And after that the King is informed in such manner, the Chancellor may doe the Kings Commandement without of­fence of his Oath, and s [...]ith that con­cerning his Estate, and what the King gave him, it was expressely done by the Commandement, knowledge, and will of the King, and so not against his Oath, and that it may not bee intend­ed that hee should bee impeached con­cerning this matter.

[Page 98] ITem as to that, that the Commons say that the said Earle hath deceived the King; because he hath taken of the King, the manner of Faxfleet in value 50. pounds which Manno [...] was worth 200. l. per an­num &c. The said Earle answereth, that Master William Morris hath reported to him that hee hath taken of the King the two parts of the said Mannor, with the rent in North Dalton to serve for 7. yeares for fifty pound a yeare, and that hee hath lost by the said Farme in the said time a 100. marks, and further saith that the said Mannor with the ten markes of rent in Dalton altogether are extended (as ap­peares in the Chancery) but at 41. l. 9. s. 3. d ob. And for that that, the said Earle un­derstands by the Earle of Kent, who hath had the said two parts of the said Mannor together with the said ten marks, at the value of 50. marks, that the intire Mannor could not bee above the value of 50. pounds. And further saith, that the said Mannor with the ten markes are not worth more. And that under a certain [...] paine saith, that whatsoever person will sustaine the charges of the said Mannor sufficiently, and pay him for the two parts 50. markes for aid, and as to the [Page 99] third part bee it what it will, let him give security to pay for the said Mannor, with the ten markes of rent 50. l. per annum, that hee 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 Earle should sell the Lawes, and put in an Example of Ma­ster William Thorpe &c the said Earle answereth, That the cases are nothing a­like, which the parties pleaded before the said Master William Thorpe as before their Iudge for the Lawes of England. In which case no Iudges 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 Iudge in this case, but as Father and friend to John his son. At which time a man knew not if the said Iohn had obtained it of the Popes fa­vour or no. Also faults were found by the Counsell of the said Earle in the Bulls of the said provision; And from the same caus [...] the said Provisour by his friends of his owne accord profered an annu­all Pension of a 100. and 60. pound for to [Page 100] leave suit in the Court of Rome by his said Sonne, and for that hee should not impeach the Bulls: that the matters be­fore said were not done as before a Iudge, but by way of composition as may bee prooved by instrument and by witnesses in this Towne, and so this matter touch­ed not the Lawes of England, and al­wayes the said Earle intended not but that hee should bee holden to answer to the party in this case. And there­upon after the answers of the said Earle given to the Accusations of the said Commons, and the replications to them made of one part, and of another the said Earle at the request of the said Commons for the greatnesses of the defaults so of him surmised, was arre­sted by Commandement of the KING and Commons in ward of the Consta­ble of England, and afterwards let at Liberty upon bayle. And for that the said Earle alleadged not in his answer that hee observed the effect of his Oath, in that hee swore that hee would not know nor suffer dammage, nor disheri­son cleerely and expressely to the KING, together with his owne lawfull advice and Councell, and that hee should cause and purchase the profit of the KING [Page 101] by all that he could reasonably doe: and hee held the premisses although hee were principall Officer of the KING, know­ing the Estate and necessity of the KING and of the Realme, 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 alleadged 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 mannors, 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 & chattells of the said E. from thenceforth is not the Intention of the K. nor of the Lords, nor that this Iudge­ment extend in the Law to cause the said E. to lose his name and title of Earle, nor of the 20. pounds a yeare, 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 denyed that he was of the K. privy counsel when he demāded of the K. the said exchāge & had acknowledg'd that before the exchāges [Page 102] performed hee was made Chancellor, in which Office hee was bound by his Oath made in the forme aforesaid: and hee so being sworne to the said Office, tooke of the King the said 400. markes of Land, by reason of the said Exchange agreeing to the said covenant of Exchange, which hee also made before that hee was Chancellor, in which Office hee was bound by his Oath: And alleadged not in his said answer, that the King gave him Mannors, Lands, and Tenements; which are certaine and cannot very easily bee destroyed, nor bee countervailed by the aforesaid 400. marks annuity, which are leviable and demandable of the Customes and also as casuall, and in divers cases there may losse insue; It is awarded that all the Lands and Tenements so taken by the said Earle, by the exchanges afore­said bee resumed into the hands of our Lord the King to hold to him and his Heires, in manner as hee 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. markes a yeare, that then the King shall have the overplus [Page 103] of the Lands and chattells of the said Earle from thenceforth hereafter. And it is therefore awarded that as well the said Mannor of Flaxflreet, and the ten marks of rents aforesaid with the appurtenances bee reprised in the Kings hand to hold to him, and his Heires as hee held the same before the gift to the said Earle, so as the Charter, the pardon, and Confirmati­on of the purchase of the said fifty pounds of rent bee certaine in the hands of the King, and his heires in firme as it was before the purchase, and it was since to the said Earle, and that the issues & profits received or owing to the use of the said Earle as well of the said Mannor o [...] Faxfleet, and the ten markes 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, bee le­vied to the use of our Lord the King of the Lands, and Chattells of the said Earle 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 Schismaticke, and taxed for moving the King and power of France and by [Page 104] such repute as then and yet is taken to bee, wherefore all the said profit ought to appertain to the KING as of a Schis­matick and alien, which thing of rea­so [...] ought to have beene made known by the said Ea [...]le, before hee demand­ed of the KING the said profit, and hee k [...]ew expressely that hee demanded it for [...]is sonne as an Hospitall, and alleadged not in his answer, that the King when hee granted the profit was informed of the matters aforesaid: and also in that, that when hee was such an Officer as beforesaid, hee sent to the Court of Rome to have the same profit for his Sonne of the Collation of the Pope (as benefice of the holy Church) and to have also the profit out of the KINGS hand by the Sea Apostolicall (as the Record termeth it) and hee de­nies not that hee received of the said profits foure hundred pounds per an­num, alleadging that hee rendered to the KING the s [...]me, and that af­ter the said Earle had made a bargain [...] to have the provision which hee clay­med of the said profit in England of the Pope, a hundred pound per annum of the said provision to him and his Sonne John, for term of their two lives [Page 105] for to deliver the said profit to the said provision for payment of which 100. l. to him, and his sonne he tooke surety of the provision by recognizance and Obliga­tions of divers summes, notwithstanding that the King had commanded by his Let­ters to deliver all the profit aforesaid out of his hands to the said provision there, where it seems for any thing that yet was shewn, that all the said profit ought to have rested in the Kings hand for the causes aforesaid, at least untill it had 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 Schismasie and endemnity of the said Master, and he alleadged not in his answer, that the King was cleerely informed of the matters a­foresaid: wherefore it is awarded that the said foure hundred markes per annum in time, that the said profit was so granted to him by the King untill the time that hee delivered the same profit to the said pro­vision, as also the said 100. l. a yeare re­ceived also of the s [...]id provision untill the same bee levied to the use of our Lord the King of his Lands and cha [...]tells, and that all the profit which should of late apper­taine to the said Earle by reason of the said recognizance, or of other Obligations, [Page 106] and Covenants also made in surety of pay­ment. And as also to the 1000. marke [...], which hee had alleadged that he payed to the King for the said Exchanges. It is a­warded that the said 1000. markes re­maining in the hands of the King, as part of payment of the fine and ransome th [...]t the said Earle shall likewise make to the King, before hee be delivered from pri­son.

Ex rotulo Parliamenti Anno 5. H. 4. N. 11.

ITem Friday the last day of February, the Earle of Northumberland came be­fore the King, and the Lords and Com­mons of Parliament, and there the Chancellor of England shewed how on Tuesday last past hee had beene before the King, the Lords and Commons in the same Parliament, and there beseeched the King as hee had done at other times at his comming before him in Yorke, that it would please our said Lord the King to grant him pardon of those things wherein he hath offended against him, not keeping his Lawes and Statutes as Ligeance de­mandeth [Page 107] as by a Petition by him prefer­red in Parliament, written in English, whereof the Tenor ensueth may appeare more at large.

To my most Dreadfull and Sove­raigne liege LORD.

I Your humble liege, beseech your Highnesse to have in remembrance my comming to your Highnesse, to have in remembrance my comming to your Worshipfull presence unto Yorke of my free will by your goodly Letters, where I put mee in your Grace, as I that nought have kept your Lawes and Statutes, as lie­geance asketh, and especially of gather­ing of power, and giving of Liveries, as that time I put mee in your Grace and yet doe. And I sent it like to your Highnesse, that all gracelesse should not goe. Where­fore I beseech you that your High Grace be seene on mee at this time, and of other things which you have examined mee of, I have told you plainely, and of all I put mee wholy in your Grace.

[Page 108]WHich Petition by Commande­ment of the King, examined by the Iustices for to have their Counsell, and advice in this behalfe by Protestation made by the said Lords, that the Iudge­ment appertained to them onely, and after rea [...]ing and understanding of the same Pe­tion before the Lords, as Peers of the Parliament, to whom such Iudgements appertaine of right to heare and under­stand by the Statutes made in the 25th. yeare of the King that now is, by delibe­ration of King Edward cozen of our Lord the King that now is, they adjudge that those things which the said Earle hath don contained in the said Petition, are not trea­son nor Felony but onely Trespasse, for which Trespasse hee ought to make fine and ransome according to the Kings pleasure, wherefore the said Earle most humbly re­verenceth our Lord the King, and the said Lords, the Peeres of Parliament concerning the right Iudgement, and further the said Earle prayed our Lord the KING, that in affirmance of those matters hee might bee purged from all suspitions, and prayed to bee judged de Novo, in the presence of the KING, and of the LORDS [Page 109] and Commons in Parliament; the said Earle tooke his Oath upon the Crosse of the Arch-bishop to bee faithfull and loyall liege man to our Lord the King, and to his eldest sonne and to the Heires issuing of his body, and to his brothers and their Issue successesively and inheritably, at which time if the King would com­mand him, hee should bee ready to shew and declare that which hee knowes in that he halfe, and set forth the truth there­of. And that our Lord the King might not bee deceived, the said Earle was pre­sent and (charged in his liberty) the said Earle upon his Oath which hee had made upon the said crosse setteth forth and declareth openly in Parliament that, which hee knoweth in this matter upon which charge to him given the said E. saith.

That at the day of Tryall of his life hee knew not of the Dukes and Bishops, and other Lords any thing that [...]ounded in derogation of the honourable estate of the K. and of his royall Majesty, but that they were and are to him good and lawfull Lieges, and that for such our Lord the King may hold and repute them, and may faithfully put his trust in them in pe­rill of his life, and by the Oath which he [...] had made as before said. And moreover [Page 110] the said Earle of Northamberland humbly beseeched the Lords, and Earles and Com­moners, that they will beseech our Lord the King of his grace towards him con­cerning the fine and ransome, and if at any time he doe any thing against our Lord the King other then liegeancy: that they make no prayer, nor request for him in whatso­ever ensueth thereon, but that they be alto­gether against him. And also the same Fri­day it was adjudged by the King and the Lords in Parliament, that leave of Bat­taile be made by the said Mr. Henry & Mr. Thomas, which are holden to be guilty of Treason, and that as well for themselves as for others which shall bee in their compa­ny at the time of the said licence: And those to whom the King had granted fa­vour and pardon, the King will that they stand firmely in their force and vertue.

Ex rotulo Parliamenti Anno 31. H. 6. N. 26.

ITem the Friday the 15. of February it was opened, and declared to the Lords Spirituall and Temporall being in the Par­liament [Page 111] chamber, by the Counsell of th [...] Duke of Yorke, that whereas Thomas Thorpe the monday the first day of August, in the raigne of Henry the sixt 30. cam [...] to the place of the Bishop of Durham, and then and t [...]ere tooke and bore away cer­taine goods and [...]attle of the same Dukes against his will and licence, and thereup­on the said Duke came and tooke an acti­on by Bill in Mich: Terme last past, a­gainst the said Thomas in the Court of Ex­chequer according to the Priviledge, for so much as the said Thomas was one of the Court, to which Bill the said Thomas willingly appeared, and had divers dayes to imparle at his request and desire: and to the said Bill and action pleaded not guilty, whereupon there was awarded in the said Exchequer a venire facias to the Sheriffe of Middlesex returnaeble in the said Exchequer, and thereby the Iury that pas­sed betweene the Duke and the said Thom­as, it was found that the said Thomas was guilty of the said trespasse contained in the said Bill, and the same Iury assessed the dammages to the said Duke, of the said trespasse to a 1000. l. and for his costs 10. l. And thereupon Iudgement was given in the said Exchequer, and the said Thomas ac [...]rding to the [...]ourse of the Law was [Page 112] committed to the Fleete for the fine be­longing to the King in that behalfe. And thereupon it was prayed humbly on the behalfe of the said Duke: that it should like their good Lordships, considering that the said Trespasse was done and com­mitted by the said Thomas, since the be­ginning of the present Parliament: And also the said Bill and action were taken and scanned, and by processe of Law Iudge­ment given thereupon against the said Thomas in time of vacation of the said Par­liament, and not in Parliament-time, and also that if the said Thomas should bee re­lieved by priviledge of Parliament, ere the time that the said Duke bee satisfied of his said dammages and costs: the said Duke should bee without remedy in that behalfe, That the said Thomas according to the Law, bee kept in ward according to the time, that he have fully satisfied and contented the said Duke of his dammages and costs; the said Lords Spirituall and Temporall, not intending to impeach or hurt the liberties and priviledges of them, that were come for the Commons of this Land in this pr [...]sent Parliament, but equal­ly af [...]er the course of the Law to minister Iustice, and to have knowledge what the Law will weigh in that behalfe opened, [Page 113] and declared to the Iudges the premisses, and asked of them whether the said Tho­mas ought to be delivered from prison by force and vertue of the priviledges of Par­liament or no.

To the which Question the chiefe Iu­stice in the name of all the Iustices after some Communication and mature delibe­ration had among them, answered and said, that they ought not to answer to that question, for it hath not beene used afore­time that the Iudges should in any wise determine the Priviledges of this High Court of Parliament, for it is so high and mighty in his nature, that it may make Law, and that which is Law, it may make no Law: and the determinati­on and knowledge of that priviledge be­longs to the Lords of Parliament, and not to the Iudges. But as for the Declaration of proceedings in the lower Courts in such cases as Writs of Supersedias of privi­ledge of Parliament, to bee brought and delivered to the said chiefe Iustice, hee said there be many and divers Supersedeas of priviledge of Parliament brought into the Courts, but there is no generall Super­sedias brought to surcease all processe, but if there should bee, it should seeme that this high Court of Parliament that ministreth [Page 114] all Iustice should let the proces of the com­mon Law. and so it should put off the par­ty complaynant without remedy, for so much as actions of common law be not de­termined in this high Court of Parliament, and if any person that is a member of this high Court of Parliament bee arrested in such cases as be not for felony or Treason, or security of the peace, or for condemna­tion had before a Parliament, it is used that all such persons should be released of all such arrests, and make an Attourney, so that they may have their freedome, and liberty freely to attend the Parliament.

After which answer and declaration it was throughly agreed, assented and con­cluded by the Lords Spirituall and Tem­porall; that the said Thomas according to the Law, should remaine still in prison for the causes above said the priviledge of Parliament, or that the said Thomas was Speaker of the said Parliament notwith­standing, and that the Premisses should be opened, and declared to them that were common for the Commons of this Land, and they should bee charged and comman­ded in the Kings name, that they with good hast and speed proceed to the Electi­on of another Speaker. The which Pre­misses for as much as they were matters in [Page 115] Law, by the commandement of the Lords were opened, and declared to the Com­mons by the mouth of Walter Moyle one of the Serjeants at Law in the presence of the Bishop of Elie, in the Kings name, that they should proceed to the Election of an­other Speaker, with all godly hast and speed, so that the matter for which the K. called this Parliament, tooke good and ef­fectuall conclusion and end.

ITem 16. die Febr. tunc prox. sequenti prae­fati Communes; & quidam de sociis suis de­claraverūt dominis spiritualibus & tēporali­bus 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,

Iudgements upon Writs of error in PARLIAMENT.

IF erroneous Iudgements bee given in the Kings 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. [...]he case of [...]he 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 untill the same bee [...]ever [...]ed or affirmed in the Kings Bench, as it was an­swered in Parliament under [...]dward the third, in the case of the Bishop of Norwich. Vpon the Writ of Er [...]or the Lord chiefe Iustice of the Kings 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 bee given that a Scire facias be awarded against the Defendant, upon whose appea [...]anc & exa­mination of the Errors by the Lords, the Iudgement is either affirmed or reversed.

[Page 117]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 Iurisdiction 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 Scroope 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. Iusticiarius de Banco Regis se [...]u adduxi [...] in [...]ar. in camera parl inter duos bre. 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 [Page 118] 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. Iohannes. 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. Iohan­nem 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 [Page 119] adjudicentur de Terris & catallis & eo­rum cuislibet fieri & ad opus praedict. Iohan­nis Hunt, levari si contigerit praedict. Thom. Gomiel debitum & damnae illa praefat. Io­hannis 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 bre. de scire fac. prosecut. in curia Dominae Reginae coram ipsa Regina revocetur ad­nulletur. & peni [...]us pro nullo habeatur. Et super hoc Domini per consensum Iustitiari­orum post longam & maturam deliberatio­nem cum consensu adjudicaverunt quod judi­cium praedict. & processus super bre. de scire fac. prosecut. in Curia dict. domin. Reginae coram ipsa Domina Regina revo­cetur, adnulletur & penitus pro nullo habea­tur.

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 spe­ciall Commission from the King, the then L. Chancellor, and Marquesse of Northum. and the Earle of Wiltsh. and Bedfora, are ex­amined only upon their honor or somtime upon alleageance or fidelity to God & the K. and this was upon the speciall priviledg of such persons, for both by the Civill Laws and Common, no testimony is taken regularly but upon Oath.

In Chancery in a Case between Jeffery and Jeffery, 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. Scroope appellant, and Sir Robert Gravenor defendant, touching matter of Armes, the Attestations taken by Commission from [Page 136] John of Gaunt, the Earle of Darby, the E. of Northumberland, the Duke of Yorke, and the Earle of Arundell, are for ought ap­peares without oath; for whereas others are sworne the Entry of their deposition is: (Pray and requests according to the right of Armes by the procurator of Ma­ster Rich. Scroope, to testifie and say, &c.)

And amongst others the Earle of De­vonshire was examined by Commission, by Iohn Kentwood, who in the returne of his Commission and the depositions certifies the Court, that hee had swore all the witnesses there being none of the Nobility but only the Earle in his returne, who was not sworne, but spake in the loyalty of his Chivalery.

But in the multitude of witnesses of this cause, divers Barons are sworn as the Lord Poynings, the Lord Scales, the Lord Gray, the Lord Ruthen, the Lord Basset. To e­very of which names in the attestations is added (Sworn and Examined) And agreeable hereunto is the examination in the Case of Alice Pierce, Ro [...]. Parl. [...] R. 2. art. 41: in the beginning of Rich. the 2.

Barons answering to Bils as Defendants.

For Barons answering in Chancery as Defendants, are divers presidents of such their answers in the times of H. the 7, and [Page 137] Henry the eight: but there are none of that time that cleeres it whether they were sworne or no; for the answers of that time, as also of the time following, till about the middle of Elizabeth or later, are fre­quently filed without any Jurat. to them.

BVt under Queene Mary, 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 Sack­fords hand to it, who was his Councell. (And on the upper part of his answer wher Iurat. is sometimes but rarely in that Age witten) These words are found, this an­swer is made by councell and the Defen­dant not sworne by order of Court.

Then in Queene Elizabeths time the Lord Dacres being Plaintiffe against the Lord Buckhurst, and Parker, and Manwood, these two defendants are sworne, but not the Lord Buckhurst.

And afterwards the Lord Buckhursts an­swer is inscribed per traditionem Comitissae super honorem suum. 18. Iunii Mich. 31. & 32. Eliz. So the Countesse of Northumberland: In virtute honoris sui ag­novit responsionem suam esse veram: as the entry is upon her answer at that time.

[Page 138] 32. Eliz.And in the Countesse of Rutlands case where she with Sir George Shaworth were Defendants about the later end of Queene Elizabeth, The Dedimus potestatem was to answer upon his Oath super Evangelia, as also a Dedimus towards the end of Queene Elizabeth, 44. Eliz. was directed to Roger Bromeley, and Richard upon the bill of com­plaint of one Brooke against George Earle of Huntington to take his Oath super honorem, 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 Starr-chamber, and Court of Wards, it was questioned in Queene Elizabeths time whether Barons being Defendants, should put in their an­swers upon Oath, and in the Court of Wards an Order was made in the Lord Mountagues case, that they should and that so the course should be henceforth constant. 40 El [...]z apud Tot­hill. The like course hath beene held of late in the Starre-chamber, as also in the Eccl [...]sia­sticall proceedings, and about the end of Queen Elizabeths 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 dayes the Earle of Shrewsbury was ordered to answer upon Oath to one Revell being plaintife there, and divers [Page 139] Noble men have beene sworne to their an­swers in Chancery since the beginning of the King, and some in Queene Elizabeths 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 Queene Mary and Edward the sixt wholy without example, but the summe of all seemes this that according to the clayme of the Barons in 20. E. 1. they were not anciently till about the end of Queene Elizabeth, or the time of King James, and of our pre­sent Soveraigne compellable to sweare to their answers, for the first compulsory or­der falls in the 33. of Eliz. in the Court of Wards, but that some of them taking no advantage of their priviledges in this case, voluntarily tooke the Oath, and others standing upon their ancient right, put it in onely upon honour, as also we see in that case of Gravenor and Scroope, and Alice Pierce under Richard the first, for it were not a speciall Priviledge it will fall out, that in all the Examples where they were not sworne, the Iudges committed great Injustice in receiving their answers, and depositions without oath, if they had not beene subject by compulsion to an o [...]th, no otherwise then if a Iudge of the Common Law should admit evidence given to a Iu­ry, or take a verdict without Oath which were not excusable. And a few examples [Page 140] of giving in their answer without Oath, upon this reason are of great weight a­gainst many that shewed that they were voluntary sworne, and these orders which were compulsory, are of so late time, and of so weak power, that they cannot at all take any right from the Baronage which was before setled in them.

Examined as Plaintifs in acti­ons of debt upon arrerages of ac­compts.

BY the Statute of 5. Henry 4. cap. 8. In actions of debt upon Arrerages of ac­counts, 3. H. 6. fol. 43. & 44. the Iudges have power to examine the Attourney of the Plaintife, or whom they please, & this examination was meant, and hath beene practised upon Oath, yet in action brought by the Lady of Abergaven­ny, being a Baronesse against another in the time of Henry the sixt: when the Coun­sell of the Defendant desired that the plain­tife might be examined, Cockanie the Iu­stice said that they should not doe well to make her being a Baronesse, come to be ex­amined. And how ever the Statute were [Page 141] generall for high as well as low (as the words of the bookes are) yet hee saith the Law will bee otherwise, and different be­tweene another common person.

Of the forme that was used in swearing of spirituall and Temporall Barons.

IN the forme of swearing the promissory Oath, 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 Temporall Ba­rons under Henry the 7. sweare with their hand upon the Booke, the Spirituall with their hand upon their breast, first the one tactis the other vis [...]s Evangeliis: Anciently this Oath was taken by the Lords in the house upon the Arch-Bishops crosse. To this day the Spirituall Lords have chal­lenged it, Gal. observ. prac. 100. fol. 22. & sometimes have used to sweare visis onely as a thing to be done by the pri­viledge of the Church. But there is the Testimony that shewes, that all the Bi­shops in a provinciall Synode did sweare here their Iuramentum corporale which is tactis & howsoever if it be a priviledge of Nobility in some other States or of Gentry to depose by writing without a corporall oath, as in Bohemia, Austria Bavier &c. yet there [Page 142] is no sufficient certainty, with us for a [...] establisht difference of forme in swearing.