The priviledges of the baronage of England, when they sit in Parliament collected (and of late revised) by John Selden of the Inner Temple Esquire, out of Parliament rolles ... & and other good authorities ... : the recitalls of the French records in the 4th. chap., also newly translated into English ...
Selden, John, 1584-1654.
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The priviledges of the baronage of England, when they sit in Parliament collected (and of late revised) by John Selden of the Inner Temple Esquire, out of Parliament rolles ... & and other good authorities ... : the recitalls of the French records in the 4th. chap., also newly translated into English ...
Selden, John, 1584-1654.
[7], 167 p.
Printed by T. Badger for Matthew Wallbanck ...,
London :
1642.
Reproduction of original in British Library.
eng
England and Wales. -- Parliament. -- House of Lords -- Privileges and immunities.
Nobility -- Great Britain.
A59090 R10915 (Wing S2434). civilwar no The priviledges of the baronage of England, vvhen they sit in Parliament. Collected (and of late revised) by John Selden of the Inner Temple Selden, John 1642 38391 403 0 0 0 0 0 105 F The rate of 105 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words.
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The
Priviledges
OF
THE
BARONAGE
OF
ENGLAND
,
When
they
sit
in
Parliament
.
Collected
(
and
of
late
revised
)
by
John
Selden
of
the
Inner
Temple
Esquire
out
of
the
Parliament
Rolles
,
and
Journalls
,
Patent
,
and
close
Rolls
;
the
Crowne
Rolls
,
the
proceedings
of
the
English
Courts
at
Westminster
,
the
Register
of
the
Arch-bishop
of
Canterbury
,
and
the
Delegates
yeare-Bookes
,
of
the
Common
Law
,
Statutes
&
other
good
Authorities
,
and
in
such
sort
that
frequently
the
words
of
the
chiefest
Testimonies
are
transcribed
,
least
the
freedome
of
the
Readers
Iudgement
might
be
other
wayes
prevented
by
short
Collections
.
The
recitalls
of
the
French
Records
in
the
4th
,
Chap.
also
newly
translated
into
English
for
the
benefit
of
others
,
as
well
as
the
Students
of
the
Lawes
of
England
.
Quo
communius
eo
magis
bonum
quod
est
justum
.
LONDON
,
Printed
by
T.
Badger
for
Matthew
Wallbanck
,
and
are
to
be
sold
at
his
shop
at
Grase-Inne
Gate
.
1642.
The
Introduction
by
way
of
Table
or
Index
to
the
Chapters
following
contained
in
this
Treatise
.
PRiviledges
are
speciall
Rights
belonging
to
the
Baronage
of
England
.
In
which
name
are
com●rehended
all
those
,
who
as
Magnati
&
proceres
regni
by
common
right
are
summoned
to
every
Parliament
wherein
also
they
have
place
and
voyce
as
incident
to
their
Dignities
,
and
what
things
doe
concerne
them
e●ther
as
they
are
one
Estate
together
in
the
upper
House
,
or
as
every
one
of
them
is
privately
a
single
Baron
.
As
for
the
prelacy
who
had
heretofore
the
first
place
in
the
summons
,
viz.
Praelati
,
magnates
&c.
they
have
now
lost
all
their
Priviledges
o●
sitting
in
Parliament
,
and
of
bearing
of
any
secular
Offices
in
the
Kingdome
,
they
are
disabled
by
act
of
this
present
Parliament
,
17.
Car.
1641.
For
Priviledges
of
the
first
kinde
.
CHAP.
TEstimonies
are
hereby
collected
touching
.
CHAP.
1.
Their
proxies
and
making
of
proxies
1
CHAP.
2.
Their
proceedings
in
Suits
as
well
for
followers
as
for
themselves
during
the
Parliament
.
7.
CHAP.
3.
That
none
of
them
bee
subject
to
bee
questioned
before
the
lower
House
onely
.
9.
CHAP.
4.
Their
Jurisdi●●ion
in
matters
of
offences
as
well
capital
,
as
not
capitall
.
Errors
out
of
the
Kings
Bench
.
10
CHAP.
5.
Their
passing
of
Bills
and
giving
of
Iudgements
heretofore
without
any
assent
of
spirituall
Lords
.
120
CHAP.
6.
Their
appointing
of
Iudges
out
of
themselves
for
examination
of
delaies
of
Iudgements
in
other
Courts
.
127
CHAP.
7.
Their
Tennants
of
ancient
Tennancies
,
bring
discharged
of
paying
the
charges
of
Knights
of
the
shiere
.
129
For
Priviledges
of
the
second
kinde
,
of
which
also
some
are
communicated
to
Baronesses
.
The
heads
of
the
Collections
are
,
CHAP.
1.
FIrst
touching
Oathes
and
Protestationt
upon
Honour
.
131
CHAP.
2
Tryall
by
Peeres
.
142
CHAP.
3
Scandala
magnatum
.
155
CHAP.
4.
Processe
against
them
in
English
Courts
Proceedings
by
Bill
and
Answere
.
id
.
CHAP.
5.
Their
number
of
Chaplaines
is
qualified
.
158
CHAP.
6.
Their
retayning
of
strangers
.
159
CHAP.
7.
Clergy
without
reading
.
id
.
CHAP.
8.
Their
libertie
of
hunting
in
the
Kings
Forrests
.
161
CHAP.
9.
Amerciaments
of
them
.
id
.
CHAP.
10.
No
Processe
in
a
civill
account
to
bee
awarded
against
the
body
of
a
Baron
.
163
CHAP.
11.
A
Knight
to
bee
returned
upon
every
pannell
where
a
Baron
is
party
.
16
CHAP.
12.
No
day
of
grace
against
a
Baro●
of
Parliament
.
ib.
CHAP.
13.
Making
Deputies
of
places
of
Trust
committed
to
them
without
words
of
the
special
power
.
167
BEsides
these
,
they
have
some
Rights
which
are
so
commonly
knowne
,
that
there
needs
no
particular
mention
of
them
;
as
their
interest
in
making
,
or
repealing
of
Lawes
,
or
the
like
,
and
divers
others
may
perhaps
be
found
,
which
have
not
been
oblivious
in
the
late
search
made
for
them
:
but
of
these
particulars
before
mentioned
,
according
to
the
order
in
which
they
are
described
,
such
store
as
are
here
collected
doe
follow
.
First
,
of
the
speciall
RIGHTS
,
WHICH
Concerne
them
,
as
they
are
one
estate
in
the
upper
House
of
Parliament
.
CHAP.
I.
Of
Proxies
of
the
Lords
of
Parliament
.
VPON
the
summons
of
the
Parliament
,
licence
of
absence
being
obtained
,
and
the
same
licence
as
usually
it
being
provided
that
a
proxie
bee
made
,
the
Baron
so
licensed
may
appeare
onely
by
that
proxie
,
to
whom
his
voyce
is
so
committed
,
although
his
Writ
bee
Quod
personaliter
inter●it
,
and
so
also
without
licence
upon
sicknesse
or
such
inevitable
cause
of
absence
.
The
first
mention
of
Proxies
that
occurres
in
the
memories
of
our
Parliaments
,
is
of
Carlile
under
Edward
the
first
,
where
the
words
are
,
Quia
omnes
Praelati
,
Milites
,
&
alij
de
communitate
Regni
,
tunc
plenariè
non
venerunt
receptis
quibusdam
procurationibus
Praelatorum
,
qui
venire
non
poterant
adjornantur
omn●s
qui
summoniti
sunt
ad
Parliamentum
,
usqué
ad
diem
Mercurij
proximum
sequentem
ad
horam
primam
.
And
in
a
Parliament
held
at
Westminster
under
Edwa●d
the
second
;
the
Bi●hops
of
of
Durham
,
and
Carlile
remaining
upon
the
defence
of
the
marches
of
Scotland
,
were
severally
commanded
to
stay
there
;
And
in
the
Writ
this
clause
was
ordered
to
both
of
them
.
Sed
procuratorem
vestrum
sufficientèr
instructum
ad
dictos
diem
,
&
locum
mittatis
ad
consentiendum
quod
tunc
ibidem
per
dictos
praelatos
&
proceres
contigerit
ordinari
.
And
the
like
Testimonies
are
afterwards
under
the
same
King
for
allowance
,
and
making
of
proxies
by
the
name
of
procuratores
sufficientes
.
And
in
succeeding
times
the
Testimonies
of
them
downe
to
this
day
are
most
frequent
.
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
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
for
t
other
of
the
spiritualty
of
that
time
.
In
the
beginning
of
the
17th
.
yeare
of
Richard
the
second
,
the
Bishop
of
Norwich
made
Richard
Corqueanx
being
then
Deane
of
the
Arches
,
Thomas
Hederset
Archdeacon
of
Sudbury
,
and
Iohn
Thorpe
parson
of
Epingham
,
his
Proxies
by
the
name
of
Procuratores
sive
nuntij
.
And
in
the
same
time
the
Bishop
of
Durhams
proxies
were
Iohn
of
Burton
Canon
of
Bewdley
,
and
Master
of
the
Rolls
,
and
Iohn
of
Wendlingborough
Canon
of
London
,
and
other
like
are
of
the
same
time
.
By
which
also
that
of
the
Preamble
of
the
Statute
of
Praemunire
is
understood
,
where
it
is
said
that
the
advice
of
the
Lords
spirituall
being
present
and
of
the
procuratores
of
them
that
were
absent
,
was
demanded
.
The
like
under
Henry
the
fourth
and
Henry
the
fift
are
found
in
the
Rolls
.
And
under
Henry
the
fift
the
Arch-Bishop
of
Yorke
gives
the
proxie
to
the
Bishop
of
Durham
;
and
to
two
other
Clerkes
of
his
Province
.
And
it
is
observable
that
in
the
making
of
proxies
by
the
whole
number
of
Bishops
in
case
of
Attainders
upon
Appeale
,
their
course
was
sometime
to
make
a
Gentleman
beneath
the
degree
of
a
Baron
,
their
Proxie
as
under
Richard
the
second
,
first
they
made
their
proxie
for
assenting
in
the
Parliament
,
but
afterwards
the
Earle
of
Wiltshire
had
that
place
in
the
same
Parliament
.
But
this
of
making
others
then
Barons
of
Parliament
,
proxies
is
carefully
found
in
the
cases
of
the
Lords
spirituall
.
One
speciall
case
of
it
is
under
Henry
the
fift
,
in
that
of
Thomas
de
la
Ware
,
who
being
a
Clergie
man
had
his
Barony
descended
unto
him
,
and
is
stiled
in
the
summons
alwayes
Magister
Thomas
de
la
Ware
,
and
not
Dominus
,
hee
gave
his
Letters
to
,
John
Franke
and
Richard
Hulme
Clerkes
but
the
proxie
Rolls
for
the
Temporall
Lords
are
for
the
most
part
lost
.
The
following
Times
especially
ever
since
the
first
memorie
extant
of
the
Iournalls
of
the
upper
House
;
which
began
the
first
of
Henry
the
eight
,
have
kept
a
constant
course
of
making
parliamentory
Barons
onely
proxies
.
And
it
appeareth
in
those
Iournalls
that
one
two
or
three
are
joyned
conjunctim
,
&
divisim
;
and
most
commonly
Temporall
Lords
have
given
their
proxies
to
temporall
and
spirituall
men
:
yet
not
without
a
Temporall
Lords
giving
his
letters
of
proxie
to
a
Spirituall
,
and
Temporall
Lord
together
.
And
under
Queen
Mary
,
Francis
Earle
of
Shrewsbury
made
Anthony
Viscount
Mountague
,
and
Thomas
Bishop
of
Ely
his
proxies
.
And
in
the
beginning
of
Queene
Mary
Stephen
Gardiner
Bishop
of
Winchester
was
joyned
in
letters
of
proxie
sometimes
with
a
Temporall
Lord
.
But
the
Lords
spirituall
have
so
much
mistataken
(
of
late
)
the
Lawes
of
this
Kingdome
,
the
Kings
prerogative
given
by
the
Law
,
and
what
and
whence
was
the
Originall
of
the
Honours
,
they
themselves
had
obtained
:
and
have
beene
ready
to
inlarge
the
Dominions
of
Antichrist
,
and
to
induce
an
arbitrary
government
by
their
writings
,
and
other
apparent
practises
,
in
so
much
as
now
they
have
lost
both
Priviledge
and
Vote
in
Parliament
.
CHAP.
II.
Priviledges
in
Suites
as
well
for
their
followes
as
for
themselves
during
the
Parliament
.
IN
a
Bill
exhibited
under
Henry
the
fourth
,
is
shewed
that
the
Lords
Knights
&c.
and
their
men
,
and
servants
&c.
should
not
be
arrested
or
otherwise
imprisoned
by
the
custome
of
the
Realme
,
and
it
is
prayed
that
if
any
be
the
parties
offending
may
make
fine
and
ransome
,
and
give
dammages
&c.
Hereunto
the
Answer
is
,
there
is
sufficient
remedy
in
the
case
.
In
the
beginning
of
Queene
Elizabeths
reign
,
Iohn
Broxham
being
Plaintiffe
,
in
an
Assise
in
the
County
of
Lincolne
against
the
Lord
Willoughby
,
it
was
ordained
,
that
an
Injunction
should
goe
out
of
the
Chancery
Subpaena
500.
l.
That
the
Plaintiffe
should
not
proceed
to
Tryall
.
To
this
head
may
bee
referred
that
case
of
the
Lord
Cromwell
,
cited
in
the
Title
of
processe
against
them
in
English
Courts
,
&
in
the
Iournalls
of
Queen
Elizabeth
,
King
James
,
and
our
present
Soveraigne
,
the
Testimonies
of
these
priviledges
for
the
servants
of
every
Baron
of
Parliament
are
most
frequent
.
Hereunto
may
be
added
that
of
the
first
citation
out
of
an
Ecclesiasticall
Court
against
the
Earle
of
Cornewall
,
which
was
served
upon
him
in
Westminster
Hall
,
as
he
was
going
to
the
Parliament
at
the
Suite
of
Bago
d●
Clare
,
and
the
Prior
of
Saint
Trinity
in
London
,
for
the
Earle
sued
them
for
the
contempt
,
and
recovered
1000.
Markes
dammages
.
And
in
the
same
Parliament
the
Master
of
the
Temple
petitioneth
that
he
might
distraine
for
rent
in
a
house
in
London
,
which
it
seemes
the
Bishop
of
Saint
Davids
held
of
him
.
In
qua
non
potest
distringere
in
tempore
Parliamenti
.
But
answer
is
,
non
videtur
honestum
quod
Rex
concedat
,
quod
ille
de
consilio
suo
distringatur
per
Ostia
&
fenestras
&
prout
Moris
est
.
CHAP.
III.
No
Peere
of
the
upper
House
to
be
called
to
answer
in
the
lower
House
only
.
THomas
Philips
complained
of
the
Bishop
of
London
upon
divers
Articles
in
the
lower
House
,
and
at
first
by
Order
of
the
House
,
whence
it
was
referred
by
reason
of
the
slight
nature
of
the
offence
,
&c.
whereupon
the
Bishop
remembring
the
upper
House
of
their
Priviledges
,
Ejus
verbis
auditis
pr●ceres
omnes
unâ
voce
dicebant
quòd
non
consentantum
fuit
aliquem
procerum
praedictorum
alicui
in
eo
loco
responsurum
.
So
where
the
Bishop
of
Bristoll
had
written
the
Booke
of
Vnion
,
which
was
conceived
to
be
derogatory
to
the
honour
of
both
Houses
,
yet
hee
was
complained
of
onely
in
the
upper
House
,
and
that
so
he
might
bee
,
and
not
before
the
lower
House
alone
,
it
was
acknowledged
in
the
message
delivered
from
the
lower
House
touching
him
.
The
like
is
the
priviledge
of
the
Bishops
complained
of
in
this
present
Parliament
,
1641.
CHAP.
IV.
The
Iurisdiction
of
the
Lords
of
Parliament
in
matters
of
offences
,
aswell
capitall
as
not
capitall
,
and
in
errors
out
of
the
Kings
bench
.
THe
power
of
Iudicature
belonging
to
the
Lords
of
Parliament
,
is
chiefly
seene
in
their
Iurisdiction
upon
Writs
of
error
,
and
their
Iudgements
of
Offences
,
as
well
capitall
as
not
capitall
,
which
they
give
to
any
publicke
mischiefe
in
State
.
Of
these
Iudgements
of
such
Offences
many
examples
are
of
former
times
in
the
Records
of
Parliament
,
and
out
of
them
are
here
selected
,
some
such
as
most
of
all
conduce
to
the
opening
of
the
course
of
Accusation
,
the
forme
of
the
Defendants
,
answering
the
usuall
wayes
of
Triall
,
and
other
Incidents
in
their
various
kindes
of
Iudgements
,
which
are
found
arbitrary
in
cases
not
capitall
:
so
that
they
extend
not
to
the
life
or
inheritance
,
and
in
capitall
offences
so
Arbitrary
,
that
the
forme
of
the
death
inflicted
sometimes
varied
from
the
ordinary
course
used
in
the
common
Law
for
such
offences
.
Under
the
first
Head
these
cases
of
1.
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
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
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
,
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
,
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
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
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
,
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
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
,
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
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
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
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
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
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
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
,
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
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
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
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
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
,
together
with
the
marriage
of
the
said
Robert
the
son
,
being
then
of
the
Age
of
sixe
yeeres
for
a
certaine
summe
of
money
to
him
payed
:
which
Estate
the
said
William
Latimer
hath
held
,
untill
Master
Iohn
Lee
then
Steward
,
by
procurement
of
Thomas
Delaber
,
sent
one
Richard
Inworth
Serjeant
at
Armes
in
Dorset
,
to
the
said
William
Latimer
,
to
bring
him
to
London
in
safeguard
as
prisoner
with
the
Intent
aforesaid
;
that
is
to
say
the
Monday
next
before
the
Feast
of
the
Nativity
of
Saint
Iohn
the
Baptist
,
in
the
yeare
of
our
Lord
the
King
that
now
is
the
nine
and
thirtieth
,
and
the
said
serjeant
also
performed
the
same
,
and
the
said
Master
Iohn
Lee
did
charge
,
and
command
the
said
William
in
the
Kings
name
,
that
he
should
not
goe
out
of
Town
upon
paine
of
a
hundred
marks
,
untill
he
had
surrendered
the
body
of
the
said
heire
,
contrary
to
the
patent
of
the
King
,
to
the
said
Mr.
Iohn
Lee
,
and
outed
the
said
William
of
his
Charter
,
and
moreover
made
a
deed
of
release
,
whereupon
the
said
Master
Iohn
Lee
comma●●●●
to
hold
all
the
Lands
,
and
Tenements
aforesaid
,
untill
the
Feast
of
St.
Michael
then
next
ensuing
,
for
a
certain
summe
of
money
,
and
then
the
said
Master
Iohn
Lee
leased
to
the
said
William
,
the
Wardship
of
the
said
mannor
of
Devillish
rendring
forty
pounds
per
annum
,
whereof
he
was
seised
as
prochein
amy
of
the
Infant
,
viz.
Pulchrain
Helto
,
Whitechurch
,
Oxford
,
&
Staket
,
&
let
the
same
to
the
said
William
,
and
to
divers
other
persons
at
his
will
,
by
such
duresse
,
imprisonment
and
arresting
the
said
William
to
the
great
mischiefe
,
grievous
dammages
and
losses
,
to
the
great
wrong
of
his
simple
estate
,
wherof
hee
prayeth
remedy
.
To
the
points
of
which
Petition
the
said
Iohn
Lee
answereth
,
and
saith
,
that
because
that
the
Mannors
,
Lands
,
and
T●nements
of
Inheritance
there
comprised
in
the
said
Petition
,
were
wickedly
extended
by
the
Escheator
,
and
leased
out
of
the
Kings
hand
at
too
small
a
value
,
to
the
great
dammage
and
deceit
of
the
King
,
he
caused
the
same
Mannors
,
Lands
and
Tenements
,
to
be
resumed
into
the
Kings
hands
,
the
Wardship
of
which
Mannors
,
and
the
marriage
of
which
said
heire
the
King
had
committed
to
him
.
And
likewise
the
said
Iohn
Lee
was
put
to
answer
before
the
Lords
,
of
the
affaires
in
such
time
as
hee
was
Steward
of
the
Kings
houshold
,
for
that
he
had
attaiched
divers
Gentlemen
by
their
Bodies
,
some
by
Serjeants
of
Armes
,
and
some
by
other
wayes
;
as
William
Latimer
and
others
,
and
caused
them
to
come
before
himselfe
,
as
before
the
Counsell
of
the
King
in
places
where
pleased
him
,
out
of
any
of
the
Kings
accustomed
places
,
to
answer
to
divers
things
,
whereof
the
recognizances
ought
to
appertaine
to
the
Courts
of
the
King
.
Item
It
was
debated
concerning
his
authority
of
Stewardship
,
that
he
within
the
verge
had
attaiched
divers
Gentlemen
of
the
verge
,
as
Iohn
Goddard
,
and
others
to
answer
in
the
Marshallsea
of
things
done
out
of
the
verge
,
and
caused
some
men
to
be
apprehended
,
and
sent
to
the
Tower
of
London
of
his
owne
Authority
,
without
Commandement
of
the
King
or
his
Councell
.
It
was
likewise
debated
,
that
Hugh
Lavenham
had
appealed
certaine
Gentlemen
of
Felony
,
and
that
before
the
Kings
Iustices
at
Newgate
,
and
divers
Gentlemen
arraigned
at
his
suit
,
whereof
some
put
themselves
upon
the
Country
,
and
some
defended
themselves
by
their
bodies
,
and
stayed
in
prison
as
the
Law
demanded
,
and
that
an
Appeallee
of
murder
was
let
goe
at
large
,
by
Commandement
of
the
said
John
Lee
against
the
Law
,
and
command
of
the
Iustices
,
and
that
hee
tooke
the
said
Hugh
by
his
owne
Authority
and
let
him
goe
at
large
,
and
some
that
were
not
appeallees
in
roll
of
the
Crowne
,
at
the
suggestion
of
the
said
Hugh
were
taken
and
imprisoned
,
as
if
they
had
beene
appeallees
.
It
was
also
affirmed
that
whereas
the
said
Iohn
Lee
was
sworne
to
the
King
,
and
his
Councell
;
he
did
bargaine
with
Master
Nicholas
Lovaine
,
concerning
the
Wardship
of
the
Mannor
of
Reinham
in
Kent
,
being
then
in
the
hand
of
the
said
Nicholas
by
the
under
age
of
the
sonne
,
and
heire
of
Iohn
Stanton
as
appeared
by
certaine
evidences
,
as
well
by
letters
Patents
under
the
Kings
Great
Seale
,
as
others
which
the
said
Iohn
had
in
his
keeping
,
that
very
plainely
,
the
said
Mannor
was
holden
of
our
Lord
the
King
in
chiefe
,
as
of
his
Castle
of
Dover
and
Fort
,
that
the
Wardship
thereof
appertained
to
the
King
,
to
the
great
dammage
and
deceit
of
the
King
against
his
Oath
.
Of
which
points
and
articles
,
hee
cannot
duely
and
suffici●ntly
excuse
himselfe
by
the
Law
,
and
therefore
was
the
said
Iohn
commanded
to
the
Tower
of
London
,
and
there
to
stay
as
a
prisoner
,
till
he
had
made
fine
and
ransome
to
the
King
according
to
his
will
,
And
it
was
commanded
to
Master
Allen
Buxall
Constable
of
the
Tower
;
that
he
take
safe
keeping
of
him
,
and
so
departed
the
Prelates
,
Dukes
,
Earles
,
and
Barons
,
and
afterwards
by
the
commandement
of
the
King
,
the
said
Iohn
was
caused
to
come
guarded
from
the
Tower
to
Westminster
,
before
the
Great
Councell
,
and
at
other
times
examined
upon
the
points
of
the
Petition
;
the
●ad
Willi●m
Latimer
answered
and
said
:
Tha●
our
Lord
the
King
had
committed
the
wardship
of
the
Mannors
,
Lan●s
and
Tenements
of
the
said
heire
,
untill
the
Age
of
the
said
heire
together
with
the
marriage
of
the
said
heire
;
and
as
intirely
hee
would
render
it
into
the
Kings
hands
And
then
before
the
said
Councell
it
was
agreed
and
assented
by
them
:
That
the
said
Mannors
,
Lands
and
Tenements
,
and
the
body
of
the
heire
aforesaid
ought
to
be
released
in
the
Kings
hand
,
and
delivered
to
the
said
William
Latimer
,
to
hold
as
hee
held
of
the
said
Bishop
untill
the
full
Age
of
the
said
heire
,
doing
to
the
King
in
manner
as
it
was
before
the
said
Iohn
surrendered
the
same
;
and
that
the
Letters
Patents
of
the
King
made
to
the
said
Bishop
,
of
the
same
ward
and
marriage
,
and
the
Letters
of
the
said
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
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.
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
,
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
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
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
good
Inquiry
bee
made
by
sufficient
Gentlemen
in
all
the
Ports
of
England
.
Ibidem
N.
21.
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
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
.
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
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
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
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
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
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
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
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
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
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
throughout
all
that
time
it
was
requested
that
the
King
would
bee
pleased
to
grant
that
the
said
Lord
might
go
under
baile
,
whereupon
the
King
willed
and
granted
that
the
said
Lord
Latimer
should
find
in
Parliament
certain
Prelates
,
Lords
and
others
during
the
Parliament
to
have
his
body
before
the
King
and
the
Lords
to
answer
further
to
the
Articles
wherof
he
was
●o
arrested
under
a
certain
paine
and
forme
comprised
in
a
Schedule
annexed
.
And
under
such
surety
,
the
Marshall
of
England
let
him
go
at
liberty
.
Ibidem
N.
31.
ITem
Will●am
Ellis
of
great
Jermouth
,
is
impeached
and
accused
in
this
present
Parliament
in
divers
manners
first
,
viz.
by
the
surmise
of
the
Commons
made
to
him
,
that
the
said
William
whilest
he
was
Farmer
to
our
Lord
the
King
of
his
pety
Customes
in
the
Port
of
great
Jermouth
,
and
Deputy
of
Richard
Lions
Farmour
of
the
Subsidies
of
6
d.
the
pound
,
granted
by
our
Lord
the
King
of
all
Marchandizes
passing
out
of
the
Kingdome
,
and
entring
in
the
same
for
the
safeguard
of
the
Sea
,
and
of
the
Marchants
passing
by
Sea
,
and
of
their
Marchandize
,
he
did
take
by
him
and
his
servants
,
as
well
English
as
of
Strangers
in
the
said
Ports
and
members
thereof
,
by
way
of
extortion
,
by
colour
of
his
said
Offices
,
many
great
summes
of
money
,
and
otherwise
that
he
ought
not
to
have
done
,
in
great
prejudice
,
slaunder
of
the
King
,
and
dammage
of
the
said
Realme
,
and
to
the
oppression
and
wrong
of
the
Marchants
aforesaid
.
And
the
said
William
Ellis
present
in
Parliament
,
saith
,
that
true
it
is
,
that
he
is
one
of
the
Farmours
of
the
said
pety
Customes
of
the
Marchants
passing
and
comming
,
saving
the
purport
of
the
Commissions
thereof
made
,
without
that
that
he
tooke
the
same
,
or
caused
any
thing
to
be
taken
by
extortion
,
more
than
was
clearely
due
to
the
King
,
and
that
hee
was
ready
to
prove
to
the
King
:
by
whatsoever
way
way
hee
ought
to
do
,
and
the
Commons
replying
said
,
that
the
said
William
confessed
to
them
in
the
Common
assembly
in
the
Chapter
house
within
the
Abbey
of
Westminster
the
day
before
,
that
he
had
received
the
said
33
l.
&
prayed
that
against
his
owne
ackowledgement
so
openly
and
before
so
many
persons
he
might
not
at
other
times
be
received
to
say
the
contrary
.
And
therupon
the
said
Commons
brought
in
Parliament
John
Botild
&
Willi
.
Cooper
of
Leiwstoft
and
two
others
that
affirmed
they
had
payed
to
the
said
William
Ellis
by
the
said
Marchan●
of
Scotland
,
the
said
3●
l.
for
full
Inform●tio●
of
the
matter
aforesaid
,
which
John
and
William
Cooper
being
thereof
examined
in
Pa●liament
acknowledged
that
t●ey
were
obliged
to
our
Lord
the
King
and
to
the
said
William
Ellis
by
their
obligations
or
letters
obligatory
in
the
said
33
pounds
together
with
the
said
Scot
,
which
was
their
hoast
,
and
payed
at
a
certaine
day
for
the
said
Subsidy
of
6
d.
the
pound
due
of
all
the
marchandizes
in
the
said
ship
and
the
truth
was
that
the
said
Scot
discharged
nothing
of
all
the
matters
aforesaid
,
at
the
day
of
payment
,
but
that
they
payed
to
the
said
William
Ellis
the
33
l.
and
therupon
the
said
Commons
prayed
Iudgment
upon
the
same
said
William
Ellis
who
said
,
that
although
that
he
had
received
the
said
33
pounds
of
John
Botild
,
and
of
the
other
aforesaid
be
received
it
not
but
as
supposing
the
same
a
gift
,
and
that
without
c●ndition
,
and
that
as
often
as
concerning
the
●ame
hee
should
have
a
Writ
or
other
Commandement
of
our
Lord
the
King
he
would
make
deliverance
thereof
,
which
otherwise
he
would
not
do
voluntarily
.
Item
,
afterwards
the
said
John
Botild
and
William
Cooper
did
put
in
the
Bils
in
form
which
followeth
.
To
our
Thrice
doughty
Lord
the
King
and
to
his
Sage
Councell
,
Sheweth
John
Botild
of
Lewistoft
that
the
munday
next
after
the
Ascension
of
our
Lord
,
in
the
yeare
of
the
raigne
of
our
Lord
the
King
that
now
is
,
the
nine
and
fortieth
that
there
was
chased
by
tempest
in
Kirke
la
Rode
,
one
Cockboat
of
Gotham
in
Pruse
,
whereof
the
Masters
name
was
Henry
Luce
charged
with
divers
Marchandizes
of
the
Marchants
of
Pruse
,
that
is
●o
say
,
Freeze
,
and
other
marchandizes
.
And
the
same
day
William
Savage
Clerke
and
servant
to
Wil.
Ellis
,
by
commandement
of
the
said
William
Ellis
,
tooke
of
the
said
Cockboat
for
the
marchandizes
(
neither
discharged
the
same
from
paying
custome
then
)
17
nobles
and
a
last
of
leather
,
the
price
of
the
last
10
pounds
16
s.
at
Lewistoft
before
the
boat
went
out
of
Kirke
la
Rode
,
to
the
great
danger
of
the
said
Marchants
.
And
because
that
the
said
William
Ellis
knew
that
Wil.
Cooper
would
come
to
this
Parliament
and
shew
this
grievance
&
others
in
aid
of
the
Marchants
,
and
also
set
forth
how
the
great
Charter
Huc
.
Ang.
might
be
amended
in
aid
of
the
whole
Realm
,
the
said
Wil.
by
his
false
suggestion
,
caused
the
said
Wil.
Cooper
to
be
arrested
and
cast
in
prison
,
for
the
space
of
3
weeks
:
May
it
please
our
thrice
doubty
L.
the
King
&
his
sage
Councell
,
to
make
remedy
thereof
in
worke
of
charity
.
Which
Billes
passed
in
absence
of
the
said
Wil.
Ellis
,
he
saith
,
that
as
to
the
said
17
nobles
and
skins
,
called
leather
,
he
could
not
sweare
for
him
,
nor
for
any
of
the
said
Marchants
of
Pruse
,
nor
other
whatsoever
,
and
the
said
John
Botild
and
Wil.
Cooper
affirming
the
contrary
;
at
last
it
was
said
by
the
Lords
in
Parliament
,
that
those
Billes
touching
the
entry
of
the
leather
,
were
now
in
the
Kings
Bench
for
Triall
.
And
as
to
the
said
Imprisonment
,
the
said
William
Ellis
saith
,
for
that
he
was
warned
in
cōming
to
London
by
many
sufficient
persons
,
that
the
said
John
,
&
Wil.
Cooper
,
with
36
other
persons
of
Lewist
.
did
lie
in
wait
for
the
person
of
the
said
Wil.
Ellis
at
Wickham
market
in
Suffolke
and
going
there
in
the
high
way
of
Gerneith
from
London
,
at
such
time
as
the
said
W.
was
going
towards
London
,
carrying
with
him
a
great
summ
of
the
K.
money
of
the
Customes
&
Subsidies
aforesaid
,
and
for
that
the
said
W.
Ellis
is
awarded
to
prison
to
make
fine
&
ransom
to
our
said
L.
the
K.
&
it
is
awarded
to
either
of
the
said
Iohn
and
William
Cooper
twentie
pounds
for
their
dammages
,
and
dispences
during
their
said
Imprisonment
,
had
and
suffered
.
Also
it
is
awarded
that
the
said
Commissions
be
made
to
sufficient
Gentlemen
,
to
enquire
of
William
Ellis
,
and
of
all
others
Deputies
of
the
said
Richard
Lyons
throughout
the
Realme
.
Parl.
Anno
1.
R.
2.
n.
32.
&
33.
ITem
William
Fitz-Hugh
Goldsmith
of
London
preferred
his
bill
in
Parliament
,
in
form
as
followeth
:
To
our
thrice
excellent
&
thrice
noble
Lord
the
K.
and
to
his
thrice
Honourable
and
thrice
sage
Councell
shewen
the
poore
Commons
of
the
mysterie
,
and
company
of
Goldsmiths
in
the
City
of
London
:
that
Iohn
Chichester
,
Iohn
Botesham
,
and
many
other
Gentlemen
,
and
ric●
goldsmiths
of
that
mystery
in
the
same
City
,
by
their
compassing
and
subtill
devising
deceitfully
have
caused
many
of
the
said
company
to
enseale
severally
divers
obligations
,
and
those
who
refused
so
to
doe
were
taken
and
imprisoned
and
in
danger
of
death
by
many
grievous
threatnings
of
the
said
goldsmiths
,
who
had
sealed
severally
divers
obligations
as
their
poore
companions
had
done
before
,
to
cause
that
the
said
poore
Goldsmiths
should
not
buy
,
nor
sell
to
any
Merchant
Cutteller
,
Ieweller
,
Vphoulster
,
nor
to
any
other
forraigner
nor
Denizen
,
any
goods
of
their
working
except
they
sold
the
same
at
a
treble
value
,
and
that
none
of
them
should
carry
gilt
,
nor
any
other
thing
of
gold
or
silver
to
any
Ladie
or
other
person
to
make
profit
thereof
,
and
if
they
did
that
the
paine
comprised
in
the
said
Obligations
should
incurre
upon
them
,
as
before
the
major
Sheriffe
and
Aldermen
of
the
s●id
Citie
,
as
by
the
confessions
of
the
said
rich
Goldsmiths
it
was
proved
,
wherupon
it
was
unreasonably
debated
,
so
that
it
was
put
by
good
mediation
and
advice
to
the
said
Maior
,
and
many
of
the
Aldermen
of
the
City
:
the
said
rich
and
poore
Goldsmiths
put
themselves
in
Arbitrement
of
three
good
men
,
for
a
finall
accord
of
all
the
debates
and
quarrells
betweene
themselves
,
which
Arbitrators
assented
upon
certaine
points
rehearsed
to
the
parties
aforesaid
,
and
ordained
the
same
points
to
be
affirmed
and
inrolled
in
the
Parliament
for
ever
,
and
thereupon
the
said
parties
were
released
.
But
notwithstanding
this
Agreement
the
said
rich
Goldsmiths
would
not
assent
,
nor
suffer
that
the
s●id
points
bee
inrolled
and
holden
as
the
said
Arbitrators
adjudged
:
And
furthermore
by
their
procurement
many
mischiefs
doe
from
day
to
day
arise
to
the
wrong
of
the
said
poore
Commoners
so
farre
as
they
are
like
to
be
undone
(
which
God
defend
)
and
have
purchased
likewise
a
new
Charter
against
the
said
agreement
,
to
the
great
decay
and
hurt
of
the
said
poore
Commons
:
may
it
please
you
(
thrice
gracious
Lords
)
to
ordaine
and
command
that
the
said
Accord
b●e
affirmed
,
and
holden
finally
for
good
,
and
that
the
said
Charter
and
other
things
,
tending
to
the
prejudice
and
losse
of
the
said
poore
Goldsmiths
,
bee
made
voide
for
Gods
sake
and
in
the
worke
of
Charity
.
And
thereupon
the
said
Iohn
Chichester
and
Iohn
Botesham
,
and
many
other
Goldsmi●hs
of
London
came
i●
Parliament
,
and
havi●g
heard
the
said
Bill
,
it
was
forthwith
demanded
of
the
said
William
Fitz-Hugh
,
if
hee
would
maintaine
the
said
Bill
,
and
finde
pledge
to
doe
,
and
answer
that
which
the
Law
demandeth
,
who
said
that
he
would
doe
so
,
but
af●erwards
he
could
not
bring
in
his
surety
,
nor
pleadge
to
answer
the
said
Bill
,
so
was
the
said
William
Fitz
Hugh
commanded
to
the
Tower
by
the
award
of
the
Lords
in
Parliament
.
Ibidem
Anno
41.
ITem
the
said
24.
day
of
Decemb
:
during
yet
this
present
Parliament
.
Alice
●ierce
was
caused
to
come
in
the
same
Parliament
before
the
Prelates
and
Lords
,
for
to
answer
certaine
matters
,
which
by
Letters
should
bee
surmised
against
her
in
the
Kings
name
,
and
thereupon
by
commandement
of
the
Prelates
and
Lords
of
the
said
Parliament
,
Master
Richard
Scroope
Treasurer
,
Steward
of
the
house
of
our
Lord
the
King
rehearsed
in
Parliament
,
in
the
presence
of
the
said
Alice
,
an
Ordinance
made
in
Parliament
holden
at
Westminster
;
the
monday
next
after
the
feast
of
Saint
George
,
the
yeare
of
the
reigne
of
the
King
Vnckle
of
our
Lord
the
King
that
now
is
,
the
50.
in
these
words
,
For
that
complaint
is
made
to
the
King
that
many
women
have
persued
in
the
Courts
of
the
King
,
divers
businesses
and
quarrells
by
way
of
maintenance
,
and
to
have
a
share
:
which
thing
displeaseth
the
King
to
defend
,
and
that
h●nceforth
no
woman
shall
doe
so
;
and
more
especially
Alice
Pierce
upon
paine
of
whatsoever
the
said
Alice
may
forfeit
,
and
to
be
banished
out
of
the
Realme
,
and
after
this
rehearsall
made
the
said
Steward
surmised
to
the
said
Alice
;
that
it
seemed
to
the
Lords
of
Parliament
that
she
had
incurred
the
paine
comprised
in
the
said
Ordinance
,
and
had
forfeited
against
the
said
Ordinances
in
certaine
points
,
and
more
especially
in
two
,
viz.
that
she
stayed
Master
Nicholas
Dagworth
Chancellour
,
when
he
was
ordayned
by
the
Councell
of
the
late
King
to
goe
into
Ireland
,
for
certaine
urgent
businesses
which
should
have
beene
profitable
to
our
late
King
,
and
his
Realme
;
the
said
Alice
after
the
said
Ordinance
made
as
aforesaid
,
perswaded
the
said
King
in
his
Court
at
Havering
,
that
at
her
singular
persuit
and
procurement
,
the
said
Nicholas
was
countermanded
and
his
voyage
stayed
from
all
that
Island
,
to
the
great
dammage
of
our
said
late
King
and
his
Realme
.
Item
,
That
whereas
Richard
Lions
for
misprisions
w●ereof
he
was
convicted
at
the
said
Parliament
,
holden
the
said
50.
yeare
of
our
late
King
Edward
,
submitted
himselfe
in
the
Parliament
into
the
favour
of
the
said
King
(
that
is
to
say
)
his
Body
,
all
his
Lands
and
Tenements
,
and
he
gave
some
of
them
to
the
Earle
of
Cambridge
,
and
some
of
them
to
Master
Thomas
Woodstock
now
Earle
of
Buckingham
,
for
terme
of
their
lives
:
the
which
our
late
K.
after
having
pitie
of
the
said
Richard
,
was
willing
by
the
assent
of
his
Councell
to
shew
him
favour
,
and
to
pardon
him
the
Imprisonment
of
his
body
,
and
to
restore
him
to
certaine
of
his
Lands
,
goods
,
and
chattells
aforesaid
,
which
pardon
seemed
to
our
late
King
and
his
Councell
t●
be
a
grace
sufficient
,
notwithstanding
the
said
Alice
so
perswaded
the
said
late
King
in
his
Court
at
Sheene
,
that
by
the
singular
persuit
,
and
procurement
of
the
said
Alice
,
our
late
King
Edward
granted
to
the
said
Richard
,
all
his
Lands
,
goods
,
Tenements
and
chattels
aforesaid
,
together
with
the
said
Tenements
which
hee
had
given
to
the
said
Earles
for
terme
of
their
lives
as
before
said
,
&
amongst
the
same
pardoned
the
said
Richard
300.
l.
of
certaine
Arrerages
due
by
the
said
Richard
in
the
Exchequer
,
and
also
granted
him
a
thousand
marks
of
his
Treasure
to
bee
●eceived
of
the
said
Ladie
,
which
persuit
and
procurement
are
contrary
to
the
Ordinance
aforesaid
.
And
the
said
Steward
demanded
of
the
said
Alice
how
she
would
excuse
her selfe
of
those
Articles
?
which
Alice
did
answer
and
say
,
that
she
was
not
guilty
of
those
Articles
,
and
that
she
is
ready
to
shew
and
prove
by
the
Testimony
of
the
said
Master
Iohn
Ipr●
then
Steward
of
the
said
King
Edward
,
&
William
Street
then
controller
of
his
house
Allen
Buxall
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
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
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
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
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
saith
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
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
declare
to
the
said
Earles
the
Kings
will
,
&
his
chargings
upon
the
blessing
of
their
father
,
to
cease
to
extend
the
Tenements
of
Ma●ter
Allen
,
and
that
they
doe
it
voluntarily
if
the
King
commanded
them
to
doe
so
.
And
forthwith
at
the
instance
of
the
said
Alice
the
King
commanded
,
and
it
was
also
done
.
And
as
to
the
Article
of
Master
Nicholas
Dagworth
he
saith
,
that
he
knoweth
nothing
but
that
hee
heard
the
said
Lady
Alice
say
many
tim●s
,
that
it
is
not
reason
nor
Law
that
the
said
Mr.
Nicholas
who
was
enemy
to
Master
William
Windsor
,
should
bee
sent
into
Ireland
to
make
Inquisition
of
him
or
against
him
.
Item
,
Will
:
Street
late
controller
of
the
Kings
house
,
sworne
in
like
manner
,
and
diligently
examined
saith
,
that
he
was
one
day
at
Havering
,
when
William●f
Yorke
spake
to
the
K.
of
William
Windsor
,
in
presence
of
the
Lady
Alice
Pierce
for
to
disturb
the
passage
of
Master
Ni●holas
,
and
the
said
Lady
Alice
said
,
that
it
●as
not
reason
that
one
Enemy
shoul●
bee
Iudge
of
another
,
And
moreover
the
said
William
Stre●t
saith
in
his
consci●nce
,
that
the
said
Lad●Alice
was
principall
and
motrix
of
the
said
cause
,
as
he
verily
beleeves
.
And
as
to
the
Article
of
Richard
Lions
he
knowes
nothing
before
it
was
all
finished
.
Item
,
John
Beverill
sworne
in
like
manner
and
diligently
examined
saith
,
that
he
heard
not
at
any
time
the
said
Lady
Alice
speake
to
the
King
concerning
neither
the
one
Article
nor
the
other
,
and
that
she
kept
her selfe
well
from
him
,
that
she
spake
nothing
in
his
presence
,
but
hee
thinks
in
his
conscience
that
she
was
the
promotrix
in
the
said
businesse
,
for
hee
knowes
no
other
which
could
have
followed
that
matter
,
and
notwithstanding
they
were
caused
to
come
before
the
said
Duke
,
and
the
said
Earles
,
Mr.
Robert
Beauchampe
,
Master
Allen
Buxall
,
Master
Iohn
Burle
,
Mr.
Philip
de
la
Page
,
Mr.
Iohn
Foxley
,
and
Thomas
Barre
Knight
,
Nich
:
Currein
,
Iohn
Beauchampe
of
Holt
,
John
Beverly
,
George
Felborough
,
John
Salisbury
,
William
Street
,
Pierce
Cornewall
,
Thomas
Lurden
,
Lolvin
Legat
Esquires
of
the
house
of
the
said
late
King
Edward
:
which
doe
say
upon
their
oathes
that
the
said
Alice
was
principall
promotrix
to
the
said
King
,
at
his
Court
a●Havering
,
about
the
Feast
of
All
Saints
in
the
50.
yeare
of
his
Reigne
concerning
that
Article
,
touching
the
revocation
of
the
said
Nicholas
Dagworth
,
and
for
that
she
was
committed
.
Item
as
to
the
Article
touching
Richard
Lions
,
they
know
well
that
the
said
Alice
was
well
willing
,
councelling
and
aiding
to
the
said
busines
prevailing
with
the
said
King
at
Shee●
in
the
moneth
of
May
last
past
,
and
for
that
she
is
found
guilty
in
the
same
impeachment
,
and
the
Lords
of
Parliament
,
that
were
at
Parliament
when
the
said
Ordinance
was
made
,
remember
,
that
their
intention
was
witnessed
,
and
bearing
the
force
of
a
Statute
,
and
by
the
generall
words
(
whatsoever
the
said
Alice
may
forfeit
)
extend
as
well
to
the
forfeiture
of
Lands
and
Tenements
as
goods
and
Chattells
and
all
other
possessions
considering
the
dammages
and
villanies
by
her
done
to
the
King
and
to
the
Realme
for
that
it
was
in
effect
to
restraine
,
and
punish
the
said
Lady
Alice
only
(
wherefore
it
is
awarded
in
this
present
Parliament
,
that
the
said
Ordinance
have
the
force
and
effect
according
to
the
intent
aforesaid
,
that
she
be
banished
out
of
the
Realm
,
and
her
Lands
and
Chattels
,
Tenements
and
possessions
as
well
in
demeane
,
as
in
reversion
be
forfeited
to
the
King
,
and
seised
into
his
hand
and
it
is
the
Intention
of
the
King
,
and
of
the
Lords
,
&
of
the
Ordinances
assented
to
in
the
same
Parliament
,
that
all
the
Lands
whereof
she
hath
taken
the
profit
,
or
bargained
to
her
own
profit
be
forfeited
,
because
of
the
fraud
which
may
bee
presumed
in
which
shee
is
most
abounding
,
for
which
c●use
the
same
sh●ll
〈◊〉
●or●eited
to
the
King
,
and
seised
as
the
o●her
Lands
.
And
it
is
the
Intention
of
the
King
and
of
the
Lords
,
that
this
O●dinance
and
award
made
by
the
King
for
such
odious
things
in
this
especiall
case
,
which
may
extend
to
a
thousand
other
persons
shall
in
no
other
case
but
this
bee
taken
in
Example
.
Likewise
it
is
ordained
and
assented
,
that
notwithstanding
the
said
forfeiture
if
she
purchased
any
Lands
or
possessions
by
fo●ce
or
dures
;
Bee
it
by
fine
or
by
deed
in
pais
or
deed
inrolled
,
or
otherwise
,
that
the
purchase
bee
holden
for
nothing
,
and
that
the
parties
which
perceiv
themselves
aggrieved
may
have
remedy
by
processe
in
Chancery
,
and
by
advice
of
the
GRANDIES
of
the
Councell
right
shall
bee
done
to
the
parties
;
and
restitution
made
according
to
the
case
demanded
,
so
that
the
purchases
made
bona
fide
be
not
made
voide
nor
disanulled
b●
any
manner
of
way
.
Et
istud
rotulum
sic
factum
;
&
scriptum
tradidit
&
libera●
it
Edmundus
Bradwell
Clericus
de
Corona
&c
hoc
in
Parliamento
assig
.
Clerico
.
Parliamenti
.
Ex.
Rot
Parliam
.
Anno
7.
R.
2.
N
11.
ITem
It
is
to
be
understood
that
the
23.
day
of
May
,
there
was
present
,
one
Iohn
Cavendish
of
London
pri●oner
in
this
Parliament
before
the
Commons
of
England
,
in
their
Assembly
in
presence
of
some
Prelates
,
and
Lords
temporall
there
being
,
and
afterwards
before
all
the
Prelates
and
Lords
being
in
this
Parliament
,
and
prayed
the
Lords
,
that
for
Go●s
s●ke
they
would
hasten
for
the
peace
,
and
safety
of
his
life
that
hee
may
have
iufficient
surety
of
the
peace
of
those
whe●eof
hee
complained
,
and
especially
demanded
surety
of
the
Peace
of
Master
Nicholas
de
la
Poole
Chancellor
of
England
,
and
this
request
to
him
was
granted
,
and
thereupon
by
Commandements
of
the
Lords
aforesaid
,
the
said
Master
Nicholas
there
present
found
Sureties
to
be
peaceable
towards
the
said
Iohn
,
that
is
to
say
the
Earle
of
Stafford
:
and
the
Earle
of
Salisbury
:
and
the
said
Iohn
rehearsed
how
at
the
last
Parliament
hee
had
made
persuit
by
one
Savill
against
Gibbon
,
Mansfield
,
Robert
de
Parry
:
Iohn
Hawkins
,
and
WILLIAM
HORSMAN
to
have
Restitution
of
certaine
goods
,
and
marchandizes
of
great
value
left
upon
the
Sea
,
in
default
of
the
said
Gibbon
,
Robert
John
,
and
William
at
the
time
when
he
had
undertooke
the
safeguard
of
the
Sea
;
and
of
the
marchandizes
passing
and
comming
from
Sea
,
for
the
time
against
all
Enemies
out
of
the
power
Royall
,
which
Bill
was
endorsed
in
the
said
Parliament
he
confessed
,
and
acknowledged
in
the
Chancery
for
to
discontinue
and
determine
the
matter
,
by
composition
according
to
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
,
&
granted
to
pay
him
the
said
44.
l.
in
māner
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
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
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
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
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
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
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
,
and
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
the
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
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
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
cunque
discreto
,
&
intelligenti
,
quod
idem
Ioh.
Cavendish
per
accusationem
suam
praedictam
ipsum
cancellar.
.
in
eodem
Parliam
.
false
defamavit
.
Per
quod
consideratum
est
quod
praefatus
Ioh.
Cavendish
super
defamatione
illa
convincatur
&
idem
cancellar.
.
recuperet
versus
eum
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
.
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
forfeited
to
the
King
;
And
also
the
payment
of
50
l.
a
yeare
,
was
discontinued
for
20
,
or
30
yeares
,
the
said
late
Chancelor
knowing
thereof
,
purchased
to
him
and
his
heires
of
the
said
Tidman
the
said
50
l.
a
yeare
,
and
the
purchase
was
untill
the
K.
ought
to
enjoy
the
profit
.
ITem
,
It
was
debated
,
whereas
the
high
Master
of
S.
Anthony
is
a
Schismatique
,
and
for
that
cause
the
King
ought
to
have
the
profit
which
appertaineth
to
him
in
the
Realme
of
England
,
the
said
late
Chancellor
who
ought
to
have
advanced
and
procured
the
profit
of
the
King
,
tooke
to
farme
the
said
profit
of
the
K.
for
20
marks
a
yeare
,
and
there
tooke
to
his
own
use
goods
,
and
1000
marks
and
more
.
And
that
the
said
Master
of
S.
Anthony
in
England
,
which
now
is
,
ought
to
have
possession
of
the
said
profit
,
and
he
could
not
have
it
before
he
had
two
persons
bound
with
him
by
recognizance
in
Chancery
,
and
other
Instruments
to
pay
3000
l.
yearly
to
the
said
late
Chancellor
,
and
to
John
his
son
100
l.
a
yeare
,
for
terme
of
their
two
lives
.
ITem
,
That
in
time
of
the
said
late
Chancellor
there
were
granted
and
made
divers
Charters
and
Patents
of
Murthers
,
Treasons
,
Felonies
,
Rasure
of
Rols
,
Sale
of
Woods
,
and
in
especial
after
the
beginning
of
this
Parliament
,
there
was
made
and
ensealed
one
Charter
of
certain
Franchizes
granted
to
the
Castle
of
Dover
,
in
the
disherison
of
the
Crowne
and
the
subversion
of
the
duties
of
the
places
and
Courts
of
the
King
and
of
his
people
.
ITem
,
By
the
Ordinance
that
was
made
in
the
last
Parliament
for
the
Towne
of
Gaunt
,
That
ten
thousand
marks
ought
to
be
gathered
,
and
for
default
of
such
collection
,
there
ought
to
bee
forfeited
3000
marks
,
that
by
default
and
negligence
therein
of
the
said
late
Chancellor
,
the
said
Town
was
lost
,
and
forthwith
the
said
10000
marks
payed
&
the
said
3000
marks
lost
by
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
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
,
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
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
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
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
.
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
were
arraigned
found
guilty
,
and
suffered
the
Iudgement
and
execution
of
the
Sentence
of
the
Law
,
and
the
said
Tydman
as
followeth
.
ANd
to
the
Answer
of
the
fift
Article
,
the
Commons
prayed
again
,
proposing
the
example
of
one
William
Thorpe
late
Chief
Iustice
of
the
Kings
Bench
,
surmising
that
he
tooke
20
l.
of
one
party
who
had
an
Office
in
plea
before
him
,
and
for
that
he
sold
the
Law
,
for
which
cause
he
was
judged
to
death
&
forfeiture
of
his
Lands
and
Chattels
,
and
say
insomuch
as
the
said
Earle
was
so
Chancellor
,
and
tooke
100
l.
&c.
of
the
said
provision
there
commanded
to
be
delivered
out
of
the
Kings
hands
of
his
profits
,
which
hee
ought
to
have
done
according
to
the
command
of
the
K.
freely
without
taking
any
thing
,
it
seemeth
to
them
that
hee
hath
sold
the
Lawe
and
prayen
Iudgement
.
ANd
to
the
Answer
of
the
sixt
Article
,
the
Commons
replying
said
,
That
it
appertained
to
him
(
as
wise
as
he
is
)
to
be
well
advised
and
counselled
,
that
he
assent
not
,
nor
do
such
a
thing
which
may
tend
to
the
disherison
of
the
King
,
and
oppression
of
his
people
,
as
he
would
avoyd
the
Indurance
of
the
Iudgement
of
Parliament
.
ANd
thereupon
the
said
Earle
replying
to
the
Replication
of
the
Commons
,
touching
his
oath
said
,
That
to
take
the
words
of
the
said
oath
without
other
speciall
Intendment
no
Chancellor
heraftet
will
inseale
any
thing
of
the
Kings
grant
to
any
persons
of
Lands
and
Tenements
or
other
Goods
without
offence
of
his
Oath
.
But
the
said
Earle
saith
,
That
it
is
not
comprised
in
the
said
Oath
,
nor
forbidden
him
to
take
to
himselfe
of
the
Kings
gift
,
nor
to
any
other
person
.
And
for
that
the
Kings
gifts
to
other
persons
in
the
said
voyage
,
nor
of
divers
other
things
before
,
be
not
impeached
not
holden
against
the
Oath
of
the
Chancellor
,
it
seemeth
to
him
that
no
more
he
ought
to
be
impeached
for
the
gifts
given
to
his
personall
estate
,
seeing
that
in
the
said
Oath
it
is
not
forbidden
nor
restrained
to
him
more
than
to
others
,
&
more
especially
for
that
the
said
Estate
and
the
Gifts
given
are
confirmed
by
Parliament
,
and
further
saith
,
that
he
accepted
of
his
Oath
of
Chancellor
according
to
his
conscience
and
power
,
and
for
the
causes
before
expressed
,
he
saith
,
as
he
shall
answer
before
God
,
that
he
thinks
nothing
done
in
the
matters
aforesaid
against
his
Oath
,
or
understanding
of
his
conscience
,
but
that
the
Chancellour
may
inseale
the
Kings
guifts
to
the
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
.
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
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
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
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
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
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
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
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
,
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
as
by
a
Petition
by
him
preferred
in
Parliament
,
written
in
English
,
whereof
the
Tenor
ensueth
may
appeare
more
at
large
.
To
my
most
Dreadfull
and
Soveraigne
liege
LORD
.
I
Your
humble
liege
,
beseech
your
Highnesse
to
have
in
remembrance
my
comming
to
your
Highnesse
,
to
have
in
remembrance
my
comming
to
your
Worshipfull
presence
unto
Yorke
of
my
free
will
by
your
goodly
Letters
,
where
I
put
mee
in
your
Grace
,
as
I
that
nought
have
kept
your
Lawes
and
Statutes
,
as
liegeance
asketh
,
and
especially
of
gathering
of
power
,
and
giving
of
Liveries
,
as
that
time
I
put
mee
in
your
Grace
and
yet
doe
.
And
I
sent
it
like
to
your
Highnesse
,
that
all
gracelesse
should
not
goe
.
Wherefore
I
beseech
you
that
your
High
Grace
be
seene
on
mee
at
this
time
,
and
of
other
things
which
you
have
examined
mee
of
,
I
have
told
you
plainely
,
and
of
all
I
put
mee
wholy
in
your
Grace
.
WHich
Petition
by
Commandement
of
the
King
,
examined
by
the
Iustices
for
to
have
their
Counsell
,
and
advice
in
this
behalfe
by
Protestation
made
by
the
said
Lords
,
that
the
Iudgement
appertained
to
them
onely
,
and
after
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
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
the
said
Earle
of
Northamberland
humbly
beseeched
the
Lords
,
and
Earles
and
Commoners
,
that
they
will
beseech
our
Lord
the
King
of
his
grace
towards
him
concerning
the
fine
and
ransome
,
and
if
at
any
time
he
doe
any
thing
against
our
Lord
the
King
other
then
liegeancy
:
that
they
make
no
prayer
,
nor
request
for
him
in
whatsoever
ensueth
thereon
,
but
that
they
be
altogether
against
him
.
And
also
the
same
Friday
it
was
adjudged
by
the
King
and
the
Lords
in
Parliament
,
that
leave
of
Battaile
be
made
by
the
said
Mr.
Henry
&
Mr.
Thomas
,
which
are
holden
to
be
guilty
of
Treason
,
and
that
as
well
for
themselves
as
for
others
which
shall
bee
in
their
company
at
the
time
of
the
said
licence
:
And
those
to
whom
the
King
had
granted
favour
and
pardon
,
the
King
will
that
they
stand
firmely
in
their
force
and
vertue
.
Ex
rotulo
Parliamenti
Anno
31.
H.
6.
N.
26.
ITem
the
Friday
the
15.
of
February
it
was
opened
,
and
declared
to
the
Lords
Spirituall
and
Temporall
being
in
the
Parliament
chamber
,
by
the
Counsell
of
the
Duke
of
Yorke
,
that
whereas
Thomas
Thorpe
the
monday
the
first
day
of
August
,
in
the
raigne
of
Henry
the
sixt
30.
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
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
,
and
declared
to
the
Iudges
the
premisses
,
and
asked
of
them
whether
the
said
Thomas
ought
to
be
delivered
from
prison
by
force
and
vertue
of
the
priviledges
of
Parliament
or
no
.
To
the
which
Question
the
chiefe
Iustice
in
the
name
of
all
the
Iustices
after
some
Communication
and
mature
deliberation
had
among
them
,
answered
and
said
,
that
they
ought
not
to
answer
to
that
question
,
for
it
hath
not
beene
used
aforetime
that
the
Iudges
should
in
any
wise
determine
the
Priviledges
of
this
High
Court
of
Parliament
,
for
it
is
so
high
and
mighty
in
his
nature
,
that
it
may
make
Law
,
and
that
which
is
Law
,
it
may
make
no
Law
:
and
the
determination
and
knowledge
of
that
priviledge
belongs
to
the
Lords
of
Parliament
,
and
not
to
the
Iudges
.
But
as
for
the
Declaration
of
proceedings
in
the
lower
Courts
in
such
cases
as
Writs
of
Supersedias
of
priviledge
of
Parliament
,
to
bee
brought
and
delivered
to
the
said
chiefe
Iustice
,
hee
said
there
be
many
and
divers
Supersedeas
of
priviledge
of
Parliament
brought
into
the
Courts
,
but
there
is
no
generall
Supersedias
brought
to
surcease
all
processe
,
but
if
there
should
bee
,
it
should
seeme
that
this
high
Court
of
Parliament
that
ministreth
all
Iustice
should
let
the
proces
of
the
common
Law
.
and
so
it
should
put
off
the
party
complaynant
without
remedy
,
for
so
much
as
actions
of
common
law
be
not
determined
in
this
high
Court
of
Parliament
,
and
if
any
person
that
is
a
member
of
this
high
Court
of
Parliament
bee
arrested
in
such
cases
as
be
not
for
felony
or
Treason
,
or
security
of
the
peace
,
or
for
condemnation
had
before
a
Parliament
,
it
is
used
that
all
such
persons
should
be
released
of
all
such
arrests
,
and
make
an
Attourney
,
so
that
they
may
have
their
freedome
,
and
liberty
freely
to
attend
the
Parliament
.
After
which
answer
and
declaration
it
was
throughly
agreed
,
assented
and
concluded
by
the
Lords
Spirituall
and
Temporall
;
that
the
said
Thomas
according
to
the
Law
,
should
remaine
still
in
prison
for
the
causes
above
said
the
priviledge
of
Parliament
,
or
that
the
said
Thomas
was
Speaker
of
the
said
Parliament
notwithstanding
,
and
that
the
Premisses
should
be
opened
,
and
declared
to
them
that
were
common
for
the
Commons
of
this
Land
,
and
they
should
bee
charged
and
commanded
in
the
Kings
name
,
that
they
with
good
hast
and
speed
proceed
to
the
Election
of
another
Speaker
.
The
which
Premisses
for
as
much
as
they
were
matters
in
Law
,
by
the
commandement
of
the
Lords
were
opened
,
and
declared
to
the
Commons
by
the
mouth
of
Walter
Moyle
one
of
the
Serjeants
at
Law
in
the
presence
of
the
Bishop
of
Elie
,
in
the
Kings
name
,
that
they
should
proceed
to
the
Election
of
another
Speaker
,
with
all
godly
hast
and
speed
,
so
that
the
matter
for
which
the
K.
called
this
Parliament
,
tooke
good
and
effectuall
conclusion
and
end
.
ITem
16.
die
Febr.
tunc
prox
.
sequenti
praefati
Communes
;
&
quidam
de
sociis
suis
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
:
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
,
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
.
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
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
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
.
CHAP.
V.
Bills
passed
and
Judgements
given
without
assent
of
the
Lords
Spirituall
.
VNder
Edward
the
third
a
Petition
of
the
Commons
was
thus
.
ITem
wee
are
not
willing
to
suffer
that
payment
be
made
to
Cardinalls
for
their
juornying
into
France
,
for
to
treat
out
of
the
Realme
of
England
.
THe
answer
is
,
as
to
the
dispences
of
Cardinalls
;
it
seemeth
●o
all
the
Baronage
and
other
sages
of
the
Kings
Councell
,
that
the
Commons
demanded
reason
:
and
for
that
they
are
agreed
that
it
shall
be
so
.
The
like
is
there
in
the
two
Petitions
of
the
Commons
against
the
Clergy
,
carrying
money
to
Rome
,
and
Cardinall
having
benifices
here
,
divers
Ordinances
against
the
Church
of
Rome
are
agreed
by
the
K.
the
Lay
,
Peers
,
&
Commons
,
but
all
the
Prelates
made
Protestation
of
not
assenting
or
doing
what
may
be
,
or
turne
in
prejudice
of
their
Estate
or
Dignity
.
The
power
and
direction
for
Iustices
of
the
peace
is
ordained
at
the
complaint
of
the
Commons
by
the
King
,
by
the
assent
of
the
Lords
Temporall
:
And
so
also
divers
times
without
mention
of
the
Lords
Spirituall
,
who
indeed
under
Edward
the
3
protested
that
they
had
not
to
do
with
matters
of
keeping
the
peace
.
THe
Commons
exhibite
a
Petition
against
Procurations
from
Rome
,
&
benefices
obtained
by
Letters
thence
,
&c.
It
is
ordained
&
established
by
the
K.
by
the
advise
and
ass●nt
of
the
Lords
Temporall
,
that
no
Benefice
is
to
be
had
here
,
but
by
guilt
from
the
Kings
Subjects
,
&c.
and
if
that
any
do
contrary
to
this
Act
,
he
should
incurre
the
danger
of
a
praemunire
given
by
the
Statute
of
27
E.
3.
A
Petition
in
these
words
.
Item
,
that
the
Appeales
pers●ites
,
accusations
,
Iudgements
had
and
rendered
,
&c.
should
be
good
,
notwithstanding
the
Lords
Spirituall
and
the
procurato●s
of
the
Lords
Spirituall
absente●
themselvs
out
of
Parliament
,
in
time
of
the
said
Iudgements
rendered
for
salvation
of
their
e●tate
:
As
it
is
contained
in
a
Protestation
,
by
which
the
Lor●s
Spirituall
and
Procurators
were
in
this
present
Parliament
,
&c.
The
King
granteth
it
,
And
the
Protestation
of
the
Clergy
is
entered
as
,
followeth
.
For
as
much
as
certaine
matters
were
moved
in
this
present
Parliament
,
touching
openly
the
crime
of
the
Arch-Bishop
of
Canterbury
,
and
the
other
Prelates
of
his
Province
,
who
made
Protestation
in
the
forme
and
words
which
followes
.
IN
Dei
Nomine
,
Amen
,
Cum
de
Jure
&
consuetudine
regni
Angl.
ad
Archiep.
Canterbur
.
qui
pro
tempore
fuerit
,
nec
non
caeteros
suos
suffragandes
,
Confratres
&
Coeptis
.
Abbates
&
Priores
,
aliosque
Prelatos
,
quoscunque
per
Baroniam
de
domino
Rege
tenentes
pertinet
in
Parlimentum
Regis
quibuscunque
ut
pares
regni
praedicti
personaliter
interesse
ibidemque
de
regni
negotiis
&
aliis
ibi
tractare
consuetis
,
cum
caeteris
dicti
regni
paribus
&
aliis
consulere
,
ordinare
statuere
&
definire
ac
caetera
facere
quae
Parliamenti
.
Tempore
ibid.
incendet
.
faciend
.
in
quibus
omnibus
&
singulis
nos
Willielmus
Cant.
Archiepiscopus
totius
Angl.
Primas
&
Angl.
Sedis
Legatus
,
pro
nobis
nostrisque
Suffraganeis
,
Coep
.
&
confratribus
,
nec
non
Abbatibus
,
Prioribus
&
Prelatis
,
omnibus
supradictis
potestat
.
&
eorum
quilibet
potestatur
qui
per
se
,
vel
procuratorem
si
fuerit
modo
presens
&
publicè
&
expresse
quod
intendimus
&
intendi
volumus
,
ac
vult
eorum
quilibet
in
hoc
presenti
Parliamento
&
aliis
ut
pares
regni
praedicti
more
solito
interesse
considerare
tractare
,
ordinare
,
statuere
,
&
definire
,
ac
caetera
exercere
cum
caeteris
jus
interessendi
habentibus
eisdem
statu
&
ordine
Juris
;
&
eorum
cuilibet
in
omnibus
semper
salvum
verum
,
quia
in
praesenti
Parliamento
agitur
de
nonnullis
materiis
,
in
quibus
non
licet
nobis
alicui
eorum
juxta
sacrorum
Canonum
instituta
,
quomodo
libet
personaliter
interesse
;
eo
propter
pro
nobis
&
eorum
quolibet
protestamus
,
&
eorum
quilibet
hic
presens
etiam
protestatur
quod
non
intendimus
,
nec
volumus
sicuti
de
Jure
non
possumus
nec
debemus
intendi
,
nec
vult
aliquis
eorundem
in
praesenti
Parliamento
,
dum
de
hujusmodi
materiis
agitur
vel
agetur
,
quomodo
libet
interesse
,
sed
nos
&
eorum
quemlibet
in
ea
parte
penitus
absentare
in
re
paritatis
nostrae
,
&
cujuslibet
eorum
interessend
.
in
dicto
Parliamento
,
quoad
omnia
&
singula
ibidem
exercenda
juris
,
&
eorum
quilibet
Statu
&
ordine
in
omnibus
semper
salvo
.
Ad
hoc
insuper
protestamur
,
&
eorum
quilibet
protestatur
quod
propter
hujusmodi
absentiam
non
intendimus
,
nec
volumus
,
nec
eorum
aliquis
intendit
,
nec
vult
quod
habet
processus
,
&
habend
.
in
praesenti
Parliamento
,
super
materiis
antedictis
.
In
quibus
nec
possumus
,
nec
debemus
,
&
permittitur
interesse
quantum
ad
nos
&
queml●bet
eorum
attinet
futuris
temporibus
,
quomodo
libet
impugnentur
infirmentur
seu
etiam
revocentur
.
Which
Protestation
read
in
full
Parliament
by
the
commandement
of
the
King
,
and
Assent
of
the
Lords
Temporall
and
Commons
,
In
like
manner
make
Protestation
the
Bishop
of
Duresme
and
Carlisle
,
mutatis
mutandis
.
This
was
upon
the
occ●sion
of
the
appeale
of
Treason
in
the
same
Parliament
commenced
by
Thomas
Duke
of
Gl●ucester
,
and
others
,
against
Alexander
Arch-Bishop
of
Yorke
,
Robert
de
Vere
,
Duke
of
Ireland
and
others
.
But
although
they
thus
absented
themselves
,
they
made
no
proxy
at
this
time
to
assent
in
their
room
;
as
afterwards
they
agreed
to
do
in
cases
of
Iudgement
of
death
.
But
the
first
use
of
such
proxies
is
in
the
21
o●Rich
.
the
2.
neither
at
all
are
such
proxies
,
or
assent
of
the
Bishops
.
For
under
H.
5.
the
Earle
of
Salisbury
by
Petition
in
the
nature
of
a
Writ
of
Error
,
shewed
that
the
Attai●der
of
John
the
late
Earle
,
father
to
the
P●titioner
in
the
second
of
H.
the
4
might
now
be
reversed
,
and
amongst
the
errors
assigned
,
one
was
,
that
he
had
been
adjudged
sans
assent
in
Parliament
,
but
it
was
in
Parliament
now
adjudged
that
it
was
no
error
.
The
Arch-bishops
of
Cant.
and
Yorke
,
for
themselvs
&
their
Clergy
make
Protestation
not
to
consent
to
any
Statute
made
in
this
Parliament
,
Quatenus
ea
in
restrictione
potestatis
Apostolicae
aut
in
eversione
Ecclesiae
dignitatis
tendere
dignoscuntur
,
which
at
their
request
was
inrolled
in
Parliament
,
yet
an
Act
passed
at
that
Time
and
is
publique
against
the
Popes
giving
of
Benefices
by
way
of
provision
in
England
.
In
the
beginning
of
Queene
Elizabeths
raigne
,
when
divers
Acts
passed
touching
matters
of
the
Church
,
as
Service
and
Sacraments
▪
and
Church-possessions
,
&c.
the
Bils
passed
,
Dissentientibus
,
All
the
Bishops
as
it
is
especially
entered
in
the
Iournals
,
with
particular
enumeration
of
all
their
names
.
Whereunto
may
be
added
that
assertion
of
the
Iudges
in
that
deliberation
had
under
Henry
the
eight
,
touching
the
power
Royall
in
the
Church
,
as
the
words
were
reported
,
That
our
Lord
the
King
may
well
enough
hold
the
Parliament
by
himselfe
and
all
his
temporall
Lords
,
without
the
spirituall
Lords
,
&c
,
CHAP.
VI
.
Their
appointing
Judges
out
of
themselves
for
examination
of
Judgements
and
delayes
of
other
Courts
.
THis
is
given
them
by
a
Statute
of
Edward
the
third
,
in
these
words
.
Likewise
for
that
many
mischiefes
are
come
,
&c.
That
divers
places
,
as
well
in
the
Chancery
as
the
Kings
Bench
,
Common
pleas
&
the
Exchequer
,
the
Iustices
assigned
,
and
other
Iustices
to
heare
and
determine
the
Iudgements
,
wherein
have
been
delayes
sometimes
by
difficulty
,
somtimes
by
divers
opinions
of
the
Iudges
,
and
sometimes
by
other
occasions
,
it
is
assented
,
established
and
agreed
,
that
of
the
Commons
before
said
,
in
every
Parliament
there
be
one
Prelate
,
two
Earles
,
and
two
Barons
that
shall
have
Commission
and
power
of
the
King
.
Which
priviledge
is
now
taken
away
from
the
Prelacy
,
by
Act
of
Parliament
,
Anno
17.
Car.
)
to
heare
by
Petition
to
them
delivered
,
the
plaints
of
all
those
which
complaine
of
such
delayes
,
or
grievances
done
to
them
,
and
that
they
have
power
to
cause
to
come
before
them
at
Westminster
or
in
any
other
places
where
the
parliament
shall
be
holden
,
and
the
Courts
of
records
and
processes
of
such
Iudgements
as
are
delayed
;
and
shall
cause
to
come
before
them
the
same
Iustices
,
who
shall
be
there
present
to
heare
the
cause
,
and
their
reason
also
heard
by
good
advice
of
them
;
the
Chancellor
,
three
Iustices
of
one
Bench
,
and
of
the
other
,
and
others
of
the
Kings
Councell
.
And
in
the
same
Parliament
accordingly
,
the
Arch-Bishop
of
Canterbury
,
the
Earles
of
Arundell
and
Huntington
,
and
the
Lord
Woake
,
and
the
Lord
Basset
were
assigned
to
the
same
purpose
,
and
although
the
Iustices
,
Chancellor
,
Treasurer
,
Privy
Seale
,
and
others
,
had
before
taken
Oath
,
&c.
Yet
it
was
ordained
that
those
of
the
Baronage
assigned
,
shall
give
them
a
new
Oath
,
and
increase
and
diminish
the
Ministers
of
Iustice
,
as
they
shall
see
Cause
.
CHAP.
VII
.
Their
Tenants
of
ancient
tenancies
,
being
discharged
of
paying
,
the
charges
of
Knights
of
the
shire
.
THe
Commons
exhibite
a
Petition
,
that
whereas
the
Tennants
of
the
Lords
that
did
hold
by
Barony
,
and
summons
to
the
Parliament
might
not
be
discharged
of
paying
towards
the
expences
of
Knights
,
&c.
That
the
King
would
declare
the
certainty
of
it
.
But
the
answer
of
it
is
on●y
,
As
at
other
times
,
&c.
A
like
petition
and
answer
is
afterwards
under
the
same
King
in
a
petition
,
touching
the
same
thing
,
under
Richard
the
2
,
it
is
supposed
that
all
ought
to
pay
,
but
those
which
come
in
Parliament
by
summons
,
by
writ
,
and
do
stay
there
at
their
own
charges
,
&c.
In
a
Petition
afterwards
,
it
is
supposed
that
the
Tennants
of
such
lands
as
were
immediatly
held
of
the
Lords
of
the
Parliament
,
contributed
not
to
those
expences
but
it
is
complained
against
,
and
the
answer
is
only
,
Let
it
be
as
at
other
times
,
and
if
that
any
found
himself
agrieved
he
should
have
remedy
in
the
Chancery
,
yet
by
a
Statute
which
is
not
in
the
Rols
of
three
yeares
before
,
the
Tenants
of
the
Lords
themselves
shall
pay
for
such
lands
,
as
of
late
times
they
have
purchased
before
being
contributary
.
To
this
belongs
that
in
Fitzherbert
,
The
villaines
of
Lords
,
which
come
to
Parliament
shall
not
be
therefore
contributary
to
the
expences
of
the
Earles
,
which
come
to
Parliament
.
And
to
this
purpose
the
Lords
may
by
Letters
in
their
own
names
command
the
Sheriffe
that
he
distraine
not
their
villaines
.
THE
SECOND
kind
of
their
Priviledges
.
Priuiledges
,
or
speciall
Rights
,
that
concerne
the
Barons
that
have
place
in
Parliament
,
as
they
are
every
one
single
in
their
private
estates
.
CHAP.
I.
Touching
the
Oath
and
Protestation
upon
Honour
.
ALL
Oaths
being
either
promissory
or
assentatory
,
and
the
first
being
,
that
which
binds
to
a
future
performance
of
Trust
.
The
second
,
that
which
is
taken
for
discovery
of
a
past
or
present
truth
.
The
first
kind
,
they
as
occasion
requir'd
used
in
taking
the
oath
of
all
the
Barons
for
the
maintenance
of
the
great
Charter
,
and
the
like
was
under
King
John
and
H.
3
as
also
swearing
of
the
Lords
in
Parliamēt
in
the
time
of
H.
the
6.
that
they
should
not
take
parts
in
the
great
Controversie
between
the
Earle
Marshall
,
and
the
Earle
of
Warwick
,
and
the
oaths
of
divers
Lords
appointed
for
the
keeping
of
the
Parliament
in
8
&
11
H.
4
,
where
yet
the
Prince
was
not
sworn
,
being
one
of
those
appointed
for
the
keeping
of
the
ordinances
.
Because
of
the
highnesse
and
excellency
of
his
honorable
person
;
As
the
words
are
in
the
Roll
,
so
under
H.
the
7.
the
Lords
Spirituall
and
Temporal
swoare
in
the
Parliament
to
the
Article
of
taking
care
for
the
preserving
of
the
peace
,
and
under
H
the
8.
to
the
Bill
of
Succession
;
but
under
Richard
the
second
,
the
Arch-bishop
of
Canterbury
challenged
,
that
neither
he
nor
his
predecessors
were
compellable
to
any
oath
,
but
to
the
K.
and
this
kind
of
Oath
is
frequently
taken
by
such
Barons
as
undertake
the
great
Offices
of
the
Kingdome
,
and
they
are
all
liable
to
the
like
by
their
tenures
,
by
fealty
and
by
Statutes
of
the
Oath
of
Allegeance
,
but
of
these
kinds
of
Oaths
for
the
Supremacy
they
are
discharged
by
the
first
Statute
that
gives
it
;
and
in
the
case
of
Essoynes
wherein
by
the
ancient
Law
,
the
Essoiner
was
to
sweare
that
the
party
Essoined
should
appeare
at
a
certain
day
,
all
Barons
and
B●ronesses
were
excepted
from
the
Oath
,
and
instead
of
the
Oath
they
put
in
surety
,
Ratio
vero
diversitatis
(
saith
Bracton
)
talis
esse
poterit
ut
videtur
quod
ita
nobiles
&
dignae
personae
in
warrantizatione
Essonii
non
per
se
jurabant
sed
per
procuratores
(
scilicet
)
plegios
suos
.
Assentary
Oaths
are
in
Cases
of
tryall
by
12
or
24
witnesses
defendants
,
which
proceed
by
Bill
and
Answer
.
Plaintiff●s
examined
in
actions
of
debt
brought
upon
arrerages
of
accompt
in
cases
of
tryall
by
12
they
are
discharged
of
the
Oath
that
is
in
cases
of
tryall
of
their
Peeres
,
in
which
they
answer
guilty
or
not
guilty
,
only
upon
honour
for
in
other
tryals
they
have
no
part
,
but
are
exempted
from
being
impanelled
in
Juries
,
Nisi
eorum
Sacramentum
adeo
sit
necessarium
quod
sine
illis
veritas
inquiri
non
possit
,
and
thence
was
it
that
some
Barons
under
Edward
the
first
of
the
Marches
of
Wales
refused
to
swear●
before
the
Iustices
of
Oyer
and
Terminer
upon
an
Enquiry
to
be
made
by
them
,
and
others
of
certaine
outrages
committed
by
Cilbert
of
Clare
,
Earle
of
Gloucester
,
against
Humphrey
of
Bohun
Earle
of
Hereford
and
Sussex
;
those
Barons
were
Jo●n
de
Hastings
,
John
Fitz
Raynold
,
Roger
de
Mortimer
,
Theobald
of
Weldon
,
John
Troger
,
and
●efferey
of
Camvill
,
to
whom
dictum
est
(
as
the
Ro●
saith
)
ex
parte
Regis
quod
pro
statu
&
●ure
Regis
,
&
pro
conservatione
dignitatis
Coron●
&
pacis
sua
apponit
manum
ad
librum
,
ad
faciendum
id
quod
eis
ex
parte
injungetur
qui
omnes
unanimiter
responderent
,
quod
ipsi
vel
eorum
antecessores
hactenus
in
hujusmodi
casu
,
ad
praestandum
Sacramentum
aliquid
coacti
fuerunt
.
And
afterwards
the
Oath
being
offered
them
,
they
answered
every
one
by
themselves
,
quod
nihil
inde
facerent
sine
consideratione
parium
suorum
.
Barons
being
witnesses
in
Cases
of
witnesses
,
Examples
are
,
that
they
give
in
their
Testimonies
only
upon
Honour
.
IN
the
Courts
of
the
Delegates
in
the
3
of
E.
6
,
in
the
proceedings
against
Gardiner
Bishop
of
Winchester
,
upon
a
speciall
Commission
from
the
King
,
the
then
L.
Chancellor
,
and
Marquesse
of
Northum
.
and
the
Earle
of
Wiltsh
.
and
Bedfora
,
are
examined
only
upon
their
honor
or
somtime
upon
alleageance
or
fidelity
to
God
&
the
K.
and
this
was
upon
the
speciall
priviledg
of
such
persons
,
for
both
by
the
Civill
Laws
and
Common
,
no
testimony
is
taken
regularly
but
upon
Oath
.
In
Chancery
in
a
Case
between
Jeffery
and
Jeffery
,
and
in
another
between
Blighton
and
Dantrey
,
Thomas
Lord
Buckehurst
,
under
Queen
Elizabeth
;
delivers
his
testimony
only
upon
honour
.
In
the
Court
of
Chivalery
under
Rich.
the
2
,
in
the
great
Case
between
Sir
Rich.
Scroope
appellant
,
and
Sir
Robert
Gravenor
defendant
,
touching
matter
of
Armes
,
the
Attestations
taken
by
Commission
from
John
of
Gaunt
,
the
Earle
of
Darby
,
the
E.
of
Northumberland
,
the
Duke
of
Yorke
,
and
the
Earle
of
Arundell
,
are
for
ought
appeares
without
oath
;
for
whereas
others
are
sworne
the
Entry
of
their
deposition
is
:
(
Pray
and
requests
according
to
the
right
of
Armes
by
the
procurator
of
Master
Rich.
Scroope
,
to
testifie
and
say
,
&c.
)
And
amongst
others
the
Earle
of
Devonshire
was
examined
by
Commission
,
by
Iohn
Kentwood
,
who
in
the
returne
of
his
Commission
and
the
depositions
certifies
the
Court
,
that
hee
had
swore
all
the
witnesses
there
being
none
of
the
Nobility
but
only
the
Earle
in
his
returne
,
who
was
not
sworne
,
but
spake
in
the
loyalty
of
his
Chivalery
.
But
in
the
multitude
of
witnesses
of
this
cause
,
divers
Barons
are
sworn
as
the
Lord
Poynings
,
the
Lord
Scales
,
the
Lord
Gray
,
the
Lord
Ruthen
,
the
Lord
Basset
.
To
every
of
which
names
in
the
attestations
is
added
(
Sworn
and
Examined
)
And
agreeable
hereunto
is
the
examination
in
the
Case
of
Alice
Pierce
,
in
the
beginning
of
Rich.
the
2.
Barons
answering
to
Bils
as
Defendants
.
For
Barons
answering
in
Chancery
as
Defendants
,
are
divers
presidents
of
such
their
answers
in
the
times
of
H.
the
7
,
and
Henry
the
eight
:
but
there
are
none
of
that
time
that
cleeres
it
whether
they
were
sworne
or
no
;
for
the
answers
of
that
time
,
as
also
of
the
time
following
,
till
about
the
middle
of
Elizabeth
or
later
,
are
frequently
filed
without
any
Jurat
.
to
them
.
BVt
under
Queene
Mary
,
in
a
suit
by
William
Armer
against
Thomas
Lord
Wentworth
,
touching
the
Inheritance
of
Copy-holders
in
Stepney
,
the
defendant
presents
in
his
answer
with
Master
Sackfords
hand
to
it
,
who
was
his
Councell
.
(
And
on
the
upper
part
of
his
answer
wher
Iurat
.
is
sometimes
but
rarely
in
that
Age
written
)
These
words
are
found
,
this
answer
is
made
by
councell
and
the
Defendant
not
sworne
by
order
of
Court
.
Then
in
Queene
Elizabeths
time
the
Lord
Dacres
being
Plaintiffe
against
the
Lord
Buckhurst
,
and
Parker
,
and
Manwood
,
these
two
defendants
are
sworne
,
but
not
the
Lord
Buckhurst
.
And
afterwards
the
Lord
Buckhursts
answer
is
inscribed
per
traditionem
Comitissae
super
honorem
suum
.
So
the
Countesse
of
Northumberland
:
In
virtute
honoris
sui
agnovit
responsionem
suam
esse
veram
:
as
the
entry
is
upon
her
answer
at
that
time
.
And
in
the
Countesse
of
Rutlands
case
where
she
with
Sir
George
Shaworth
were
Defendants
about
the
later
end
of
Queene
Elizabeth
,
The
Dedimus
potestatem
was
to
answer
upon
his
Oath
super
Evangelia
,
as
also
a
Dedimus
towards
the
end
of
Queene
Elizabeth
,
was
directed
to
Roger
Bromeley
,
and
Richard
upon
the
bill
of
complaint
of
one
Brooke
against
George
Earle
of
Huntington
to
take
his
Oath
super
honorem
,
&c.
About
which
time
also
the
Lord
Eure
put
in
his
answer
super
honorem
only
to
the
bill
of
John
Barnes
and
Robert
Talbois
.
In
other
Courts
as
the
Starr-chamber
,
and
Court
of
Wards
,
it
was
questioned
in
Queene
Elizabeths
time
whether
Barons
being
Defendants
,
should
put
in
their
answers
upon
Oath
,
and
in
the
Court
of
Wards
an
Order
was
made
in
the
Lord
Mountagues
case
,
that
they
should
and
that
so
the
course
should
be
henceforth
constant
.
The
like
course
hath
beene
held
of
late
in
the
Starre-chamber
,
as
also
in
the
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
.
And
within
these
few
dayes
the
Earle
of
Shrewsbury
was
ordered
to
answer
upon
Oath
to
one
Revell
being
plaintife
there
,
and
divers
Noble
men
have
beene
sworne
to
their
answers
in
Chancery
since
the
beginning
of
the
King
,
and
some
in
Queene
Elizabeths
time
also
,
neither
is
the
time
of
Queene
Mary
and
Edward
the
sixt
wholy
without
example
,
but
the
summe
of
all
seemes
this
that
according
to
the
clayme
of
the
Barons
in
20.
E.
1.
they
were
not
anciently
till
about
the
end
of
Queene
Elizabeth
,
or
the
time
of
King
James
,
and
of
our
present
Soveraigne
compellable
to
sweare
to
their
answers
,
for
the
first
compulsory
order
falls
in
the
33.
of
Eliz.
in
the
Court
of
Wards
,
but
that
some
of
them
taking
no
advantage
of
their
priviledges
in
this
case
,
voluntarily
tooke
the
Oath
,
and
others
standing
upon
their
ancient
right
,
put
it
in
onely
upon
honour
,
as
also
we
see
in
that
case
of
Gravenor
and
Scroope
,
and
Alice
Pierce
under
Richard
the
first
,
for
it
were
not
a
speciall
Priviledge
it
will
fall
out
,
that
in
all
the
Examples
where
they
were
not
sworne
,
the
Iudges
committed
great
Injustice
in
receiving
their
answers
,
and
depositions
without
oath
,
if
they
had
not
beene
subject
by
compulsion
to
an
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
of
giving
in
their
answer
without
Oath
,
upon
this
reason
are
of
great
weight
against
many
that
shewed
that
they
were
voluntary
sworne
,
and
these
orders
which
were
compulsory
,
are
of
so
late
time
,
and
of
so
weak
power
,
that
they
cannot
at
all
take
any
right
from
the
Baronage
which
was
before
setled
in
them
.
Examined
as
Plaintifs
in
actions
of
debt
upon
arrerages
of
accompts
.
BY
the
Statute
of
5.
Henry
4.
cap.
8.
In
actions
of
debt
upon
Arrerages
of
accounts
,
the
Iudges
have
power
to
examine
the
Attourney
of
the
Plaintife
,
or
whom
they
please
,
&
this
examination
was
meant
,
and
hath
beene
practised
upon
Oath
,
yet
in
action
brought
by
the
Lady
of
Abergavenny
,
being
a
Baronesse
against
another
in
the
time
of
Henry
the
sixt
:
when
the
Counsell
of
the
Defendant
desired
that
the
plaintife
might
be
examined
,
Cockanie
the
Iustice
said
that
they
should
not
doe
well
to
make
her
being
a
Baronesse
,
come
to
be
examined
.
And
how
ever
the
Statute
were
generall
for
high
as
well
as
low
(
as
the
words
of
the
bookes
are
)
yet
hee
saith
the
Law
will
bee
otherwise
,
and
different
betweene
another
common
person
.
Of
the
forme
that
was
used
in
swearing
of
spirituall
and
Temporall
Barons
.
IN
the
forme
of
swearing
the
promissory
Oath
,
a
difference
hath
been
amongst
the
Barons
of
Parliament
,
the
Temporall
Barons
under
Henry
the
7.
sweare
with
their
hand
upon
the
Booke
,
the
Spirituall
with
their
hand
upon
their
breast
,
first
the
one
tactis
the
other
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
,
&
sometimes
have
used
to
sweare
visis
onely
as
a
thing
to
be
done
by
the
priviledge
of
the
Church
.
But
there
is
the
Testimony
that
shewes
,
that
all
the
Bishops
in
a
provinciall
Synode
did
sweare
here
their
Iuramentum
corporale
which
is
tactis
&
howsoever
if
it
be
a
priviledge
of
Nobility
in
some
other
States
or
of
Gentry
to
depose
by
writing
without
a
corporall
oath
,
as
in
Bohemia
,
Austria
Bavier
&c.
yet
there
is
no
sufficient
certainty
,
with
us
for
a●
establisht
difference
of
forme
in
swearing
.
CHAP.
II.
Tryall
by
Peeres
.
IN
all
cases
of
Treason
or
felony
,
or
misprision
of
either
of
these
offences
,
a
Temporall
Lord
of
Parliament
is
to
bee
tryed
only
by
his
Peeres
,
if
arraigned
by
inditement
per
Judicium
parium
suorum
,
or
of
12.
or
more
Temporall
Barons
of
Parliament
.
This
holds
as
well
in
all
cases
made
Treason
or
Felony
by
Statute
,
as
received
anciently
to
be
so
by
the
Common
Law
,
as
Iustice
Stamford
expressely
affirmeth
,
although
usually
in
Statutes
which
make
Treason
or
Felony
a
speciall
clause
bee
inserted
for
Peeres
to
be
tryed
by
their
Peeres
,
as
also
to
the
now
tryall
where
perhaps
more
need
was
of
such
a
clause
,
upon
the
Statute
of
remainder
made
for
tryall
of
offences
committed
by
the
English
in
Scotland
;
It
is
added
that
if
the
Offender
bee
a
Peere
of
the
Realme
,
then
his
tryall
shall
bee
by
his
Peeres
;
And
this
is
cleere
for
all
Temporall
Barons
and
their
Ladies
;
but
it
hath
beene
doubted
whether
the
same
Law
bee
in
case
of
tryall
of
spirituall
Barons
or
no
,
and
without
doubt
one
speciall
Argument
among
others
hath
beene
made
from
the
name
of
Peeres
some
concluding
thus
:
Spirituall
Barons
are
no
Peeres
:
therefore
not
to
be
tryed
by
their
Peeres
,
others
for
the
other
part
thus
,
Spirituall
Barons
are
Peers
therefore
to
be
tryed
by
their
Peeres
,
but
of
these
two
Arguments
,
the
first
is
false
in
matter
,
the
second
in
forme
.
For
the
first
it
is
true
and
plaine
,
that
Spirituall
Lords
have
beene
Peeres
,
and
of
the
antecedent
false
:
the
Testimonies
justifying
them
to
have
beene
,
so
are
very
frequent
in
the
Bish
:
of
Winchesters
case
,
who
departed
from
the
Parliament
at
Salisbury
,
about
the
beginning
of
Edward
the
third
:
and
was
questioned
for
it
afterwards
in
the
Kings
Bench
,
hee
pleaded
to
the
Declaration
:
Quod
ipse
est
unus
ê
paribus
Regni
&
Praelatus
&c.
and
in
that
short
disputation
of
the
case
which
is
lest
in
the
the
yeare
bookes
,
hee
is
supposed
cleerely
both
by
the
Court
and
Councell
to
bee
a
Peere
.
So
afterwards
under
the
same
King
,
in
a
Writ
of
Wards
brought
against
the
Bishop
of
London
,
he
pleaded
to
issue
and
the
Defendant
could
not
have
day
of
grace
,
for
he
said
as
the
words
of
the
booke
are
)
that
a
Bishop
is
a
Peere
of
the
Land
.
Et
haec
erat
causa
&c.
And
in
a
like
case
upon
an
Action
of
trespasse
against
the
Abbot
of
Abyndon
who
was
one
of
the
Lords
Spirituall
,
day
of
Grace
was
denyed
against
him
,
because
he
was
Peere
de
la
terre
.
So
expressely
upon
the
Question
of
having
a
Knight
returned
into
a
Jury
where
a
Bishop
was
Defendant
in
a
quare
impedit
,
the
rule
of
the
Court
was
that
it
ought
to
bee
so
,
because
the
Bishop
was
a
Peere
of
the
Realme
.
So
the
Iudgement
given
against
the
Bishop
of
Norwich
in
the
time
of
Richard
the
second
,
hee
is
in
the
roll
expressely
allowed
to
bee
a
Peere
,
for
hee
had
tooke
eeceptions
that
some
things
had
passed
against
him
without
assent
or
knowledge
of
his
Peeres
of
the
Realme
.
To
which
exception
the
answer
was
,
It
behooves
you
not
at
all
to
touch
your
Prelate
of
onely
certaine
misprisisions
,
which
you
as
a
Souldier
of
the
King
,
&c.
have
done
and
committed
,
&c.
Here
is
to
be
avoided
that
challenge
of
Stafford
,
Arch-Bishop
of
Canterbury
under
Edward
the
third
,
when
upon
his
being
excluded
the
Parliament
,
he
thus
challenged
his
place
.
Ego
tanquam
major
par
Regni
post
Regem
vocem
habeus
Jure
Ecclesiae
mea
tantum
vendico
&
ideo
ingressum
in
Parliamento
peto
,
the
same
is
justified
by
the
Clergy
touching
their
Ius
paritatis
before
recited
at
large
and
entered
in
the
Parliament
roll
.
And
in
the
Assignement
of
the
Errours
under
Henry
the
fifth
,
for
the
reversall
of
the
Attayndor
of
the
Earle
of
Salisbury
,
one
errour
is
assigned
that
Iudgement
was
given
without
assents
of
the
Prelates
which
were
Peeres
in
Parliament
,
and
that
although
that
were
adjudged
to
bee
no
errour
,
yet
it
hath
been
allowed
cleerely
in
the
roll
,
and
the
Petition
that
they
were
Peeres
.
So
in
an
Act
of
Parliament
under
the
same
King
,
the
Bishops
and
Arch-Bishops
,
and
Arch-Bishops
of
Ireland
,
are
called
Peers
of
that
Kingdome
,
and
divers
other
passages
occurre
touching
this
name
of
Prelate
,
neither
could
any
scruple
bee
further
made
of
it
,
untill
the
passing
of
an
Act
of
this
Parliament
.
17.
Car.
1641.
But
as
this
is
cleere
that
they
were
Peeres
,
so
also
it
is
cleere
that
they
were
not
by
the
lay
to
bee
tryed
,
as
Temporall
Barons
by
their
Peeres
,
and
the
conclusion
of
the
contrary
drawn
(
as
before
)
out
of
that
that
they
have
been
Peers
,
is
wholy
without
consequence
,
this
having
been
a
point
of
the
common
Law
,
as
it
is
distinguished
from
Acts
of
Parliament
,
which
falls
out
generally
to
bee
onely
the
knowne
and
received
custome
within
the
Kingdome
,
if
the
practise
and
custome
within
the
Kingdome
be
therein
observed
,
the
point
of
Law
may
bee
soone
resolved
.
In
the
practises
and
customes
divers
Bishops
are
found
to
have
beene
arraigned
,
and
legally
tryed
upon
Capitall
offences
,
yet
all
that
have
beene
so
,
have
had
their
Triall
onely
by
common
Iuries
,
and
whether
by
Statute
any
alteration
bee
of
this
common
Law
shall
presently
be
examined
,
there
being
many
Bishops
now
to
be
tryed
.
THat
practise
and
Custome
appeareth
in
particular
examples
found
from
the
time
of
Edward
the
second
to
the
age
next
before
us
thus
collected
;
Adam
Bishop
of
Hereford
under
Edward
the
second
,
was
indicted
of
divers
Felonies
,
and
of
joyning
with
Roger
Mortimer
,
hee
is
arraigned
in
the
Kings
Bench
:
and
upon
question
how
hee
will
be
tryed
,
he
saith
:
Quòd
ipse
est
Episcopus
Heref.
ad
voluntatem
Dei
,
&
summi
Pontificis
,
&
quòd
materia
praedicta
Articulorum
sibi
imposit
.
adeò
ardua
est
quod
ipse
non
debet
in
Curia
sic
super
praedictis
sibi
impositis
respondere
,
nec
inde
responders
potest
absque
offensu
divino
&
sanctae
Ecclesiae
:
Hereupon
day
is
given
over
,
and
then
the
Inditement
is
brought
into
the
Parliament
,
whereupon
his
arraignment
,
hee
give●
the
like
answer
,
and
Walter
Arch-Bishop
of
Canterbury
petit
eum
,
&
ei
liberatur
,
and
this
is
commanded
that
hee
have
him
ready
at
a
certaine
day
in
the
Kings
Bench
.
Et
praeceptum
est
vicecomiti
Hereford
.
quòd
venire
faciat
coram
Domino
Rege
tot
&
tales
&c.
ad
inquirend.
.
prout
moris
est
&c.
And
a
common
Iury
is
returned
which
finds
the
Bishop
guilty
,
whereupon
hee
is
committed
to
the
Arch-Bishop
and
convict
,
and
his
Lands
and
goods
are
seised
into
the
KINGS
hands
.
Here
was
the
Bishop
tryed
by
a
common
Iury
,
although
it
appear●s
both
in
the
Record
,
and
in
the
History
of
that
time
,
that
the
whole
Clergy
earnestly
indeavou●ed
to
have
kept
him
from
conviction
,
but
no
pretence
of
any
right
of
Tryall
by
Peeres
is
once
mentioned
in
this
behalfe
,
though
other
complaints
are
full
enough
expressed
against
the
whol●
proceedings
.
VNder
Edward
the
third
Iohn
de
Isle
brother
to
Thomas
Hen
,
Bishop
of
Ely
,
was
indi●ed
in
Huntingtonshire
;
that
he
with
divers
others
per
assensum
,
&
procurationem
Episcop
.
28.
E.
3.
die
Lunae
post
festam
Sancti
Iacobi
,
burnt
the
house
of
the
Lady
Wake
at
Colne
,
by
Sommersham
,
&
quòd
praedictus
Thomas
Episcopus
sciens
praedictam
combustionem
per
praedict.
servientes
suos
esse
factam
dictos
servientes
apud
Somersham
postea
receptavit
,
&c.
And
also
it
was
found
before
the
Sheriffe
and
Coroner
that
29
Edward
the
third
,
the
Bishop
was
guilty
de
assensu
of
the
murther
of
one
William
Holme
,
slaine
by
Ralph
Carelesse
and
Walter
Ripton
called
little
Watt
,
upon
malice
conceived
against
Holme
,
because
hee
followed
the
suit
of
the
Lady
Wake
,
the
principalls
were
attainted
by
Outlary
,
the
Bishop
was
arraigned
,
and
upon
question
how
hee
would
bee
tried
dicebat
quòd
ille
est
membrum
Dom.
Papae
,
&
quòd
ipse
ab
ordinario
suo
viz.
venerabili
patre
Domino
Simono
Archiepiscopo
Canterburi
.
Angli●
primat
.
respondere
non
potest
.
Et
super
hoc
idem
Archiepiscopus
prasens
hic
in
Curia
petit
,
quòd
dictus
Episcopus
Eliensis
de
feloniis
pr●dict
.
sibi
impositis
hic
coram
laico
Iudice
,
non
cogatur
respondere
,
&
ut
sciatur
inde
rei
veritas
per
inquisitionem
patriae
&c.
praecept
est
vicecomiti
Huntingdon
,
quòd
venire
faciat
coram
Dom
rege
in
Octab
:
sancti
Mich.
&c.
ubicunque
&c.
24
,
de
Iust.
de
Somersham
&
idem
dies
datus
est
Episc
,
&c.
Ad
quem
diem
coram
Domino
rege
venit
praedict.
Episc
in
propria
persona
&
similitèr
Iurat
.
veniunt
qui
elect●
,
tricati
,
jurati
&
onerati
,
si
idem
Episc
de
assensu
pr●dictorum
Rand.
&
Walter
.
&
de
recept.
.
eorundem
sit
culpabilis
,
nec
non
dicunt
super
sacramentum
suum
quod
idem
Episc
est
in
nullo
culpabilis
,
sed
dicunt
quod
idem
Episc.
post
feloniam
receptavit
ip●os
apud
Somersham
,
sciens
ipsos
feloniam
fecisse
.
Ideo
inquiratur
de
bonis
,
catallis
,
Terris
&
tenementis
&c.
Et
super
hoc
praedictus
Archiepisc
.
presens
in
curia
petit
ipsum
tanquam
membrum
Ecclesiae
sibi
liberari
,
&
ei
liberatur
oustodiend
.
prout
decet
,
and
Writs
were
sent
out
to
the
Sherifes
of
all
Shires
where
hee
had
goods
or
Lands
to
certifie
them
for
the
Kings
benefit
,
and
in
this
Record
it
is
observable
that
the
Iurors
were
tried
,
which
proves
,
that
the
Bishop
had
his
challenges
to
them
at
his
tryall
.
About
the
beginning
of
Henry
the
fourth
,
Thomas
Merke
Bishop
of
Carlisle
was
indited
of
Treason
before
Thomas
Earle
of
Warwick
,
and
other
Iustices
of
Oyer
and
Terminer
in
Middlesex
,
the
Bishop
standing
before
committed
to
the
Tower
for
the
same
offence
.
Et
hoc
Justiciar
.
praedict.
recognit
.
mandatum
est
constabulario
Turris
praedict.
vel
ejus
locum
tenenti
quod
corpus
ejusdem
Episcop
.
habeant
,
vel
alter
eorum
habeat
coram
praefatis
Iusticiariis
apud
Turrim
praedictam
die
Mercurii
ex
tunc
proximo
sequente
ad
respondendum
Domino
Regi
de
proditionibus
&c.
And
the
precept
est
vicecomiti
London
,
quod
tunc
venire
faciat
coram
praefat.
Iusticiar
.
apud
Turrim
praedict.
tam
Aldermannos
&
cives
quam
alios
probos
homines
de
vicineto
Warder
.
praedict.
1.
Baynards
Castle
&
Dougate
qui
praefat.
Episc.
nulla
affinitate
attingunt
ad
faciendam
tunc
ibidem
deliberationem
de
dicto
Episcopo
prout
moris
est
secundum
legem
Regni
Angliae
ad
quem
diem
&
locum
,
the
Bishop
is
brought
before
them
,
and
a
Writ
comes
from
the
King
to
the
said
Iustices
reciting
that
licet
in
statuto
apud
Westminsterium
nuper
edito
inter
caetera
continetur
quòd
nullus
Archiepiscopus
,
nec
Episcopus
coram
Iusticiar
.
nostris
occasione
alicujus
criminis
impetatur
absque
speciali
praecepto
nostro
quousque
aliud
remedium
inde
foret
ordinatum
de
advisamente
tamen
consilii
nostri
vobis
mandamus
quòd
si
aliqui
Archiepiscopi
,
vel
Episcop
.
coram
vobis
impetiti
vel
judicati
existunt
,
tunc
ad
deliberationem
ipsorum
procedatis
prout
de
Jure
&
secundum
legem
Regni
nostri
Angliae
fore
videritis
faciendum
,
statuto
praedicto
non
obstante
,
I
este
me
ipso
apud
Westminsterium
28.
die
Januar.
Anno
Regni
nostri
primo
.
THis
Writ
being
read
in
the
Court
,
the
Bishop
was
demanded
how
he
would
be
●ried
,
Hee
first
stands
upon
the
priviledge
of
the
Church
,
to
whom
the
Iustices
reply
that
the
offence
was
so
high
,
that
hee
must
answer
them
with
protestation
of
saving
the
Liberties
of
the
Church
,
hee
pleads
not
guilty
.
Et
inde
de
bono
&
malo
ponit
se
super
patriam
,
inde
fiat
inde
Iurat
,
hoc
instante
die
&c.
The
Iury
findes
him
guilty
,
but
the
Iustices
being
not
advised
of
their
Iudgement
,
returne
him
to
prison
,
the
Record
was
afterward
removed
in
the
Kings
Bench
,
and
the
Bishop
renders
himselfe
to
the
prison
of
the
Marshallsea
;
and
then
being
asked
if
hee
had
any
thing
to
shew
,
why
Iudgement
should
not
bee
given
on
him
hee
pleades
his
pardon
,
and
it
is
allowed
him
.
To
these
presidents
a
Learned
Iudge
in
Queene
Maries
Time
saith
divers
were
agreeable
.
Among
which
are
specially
to
bee
accounted
those
of
the
Bishop
of
Rochester
in
the
time
of
Henry
the
eight
,
and
of
Cramner
Arch-Bishop
of
Canterbury
under
Queene
Mary
both
tryed
by
common
Iuries
:
neither
is
there
any
example
extant
from
the
first
memory
of
a
legall
tryall
of
Bishops
which
is
under
Edward
the
second
,
that
testifieth
any
Tryall
by
Peeres
belonging
to
a
Bishop
,
and
accordingly
hitherto
it
was
taken
cleerely
by
that
learned
Iudge
of
Queene
Marie's
time
,
that
no
ancient
Statute
speaking
of
tryall
by
Peeres
,
hath
beene
put
in
ure
to
extend
to
a
Bishop
,
or
Abbot
,
although
they
enjoy
the
name
of
Lords
of
the
Parliament
,
for
they
have
(
as
the
words
are
)
this
name
of
Bishop
or
Abbot
ratione
Officii
being
not
chosen
in
Parliament
in
respect
of
their
Nobility
,
but
in
respect
of
their
possessions
the
ancient
Baronies
annexed
to
their
Dignities
according
to
which
there
are
divers
Presidents
,
whereof
one
was
in
the
time
of
H.
the
8.
where
also
it
is
as
judiciously
&
modestly
affirmed
by
a
most
learned
man
of
this
Kingdom
that
the
spirituall
Lords
enjoy
all
legall
priviledges
,
as
the
temporall
Barons
do
saving
only
this
tryall
by
Peeres
.
That
which
may
be
here
objected
out
of
the
Statute
of
the
grand
Charter
wherin
every
man
ought
to
be
tried
by
his
Peeres
,
id
est
,
Juditium
Parium
suorum
,
or
out
of
the
Statute
of
25.
E.
3.
by
which
all
treasons
are
to
bee
tried
by
men
of
the
same
condition
,
of
which
the
offender
is
,
may
easily
be
answered
;
for
both
these
anceint
Statutes
are
now
to
be
interpreted
,
as
it
is
clerely
taken
in
continuall
practise
,
and
in
the
books
according
to
the
known
use
of
the
legall
proceedings
,
and
not
by
literall
interpretation
of
the
words
,
as
it
is
plainly
seene
in
both
of
them
:
For
all
Gentlemen
,
Esquires
,
Knights
,
Batchellors
and
Bannerets
,
and
at
this
day
Bannerets
are
accounted
Peeres
,
not
only
amongst
themselves
,
but
also
to
all
other
men
of
the
lowest
condition
which
yet
cannot
be
out
of
the
force
of
the
word
,
only
the
like
appeareth
in
that
non
amercientur
Comites
,
vel
Barones
,
nisi
per
pares
suos
.
And
it
is
shewed
in
the
title
of
Amerciaments
,
wherein
that
which
the
Statute
referres
to
Peeres
is
done
so
by
Iudges
.
And
this
of
Bishops
referreth
to
those
Statutes
is
only
to
be
adjudged
according
to
use
and
practise
,
which
is
the
best
interpreter
of
the
Statutes
and
not
by
the
meere
Interpretation
of
the
word
Peeres
.
And
it
is
most
likely
that
if
any
such
right
had
anciently
belonged
to
them
,
not
only
they
themselves
,
but
the
temporall
Baronage
under
H.
6.
protesteth
by
the
mouth
of
Viscount
Beaumont
for
their
triall
by
Peeres
,
when
William
de
la
Poole
put
himselfe
upon
the
King
and
not
on
his
Peeres
,
in
such
sort
as
those
Bishops
put
themselves
on
the
Pope
,
and
not
upon
any
legall
Triall
.
But
one
particular
case
is
here
to
be
added
touching
this
right
singled
by
it selfe
,
that
is
,
Triall
by
Peeres
upon
the
third
offence
against
the
Statute
of
Service
and
Sacraments
,
under
Queen
Elizabeth
,
for
the
known
triall
by
Peeres
,
is
in
cases
of
treasons
or
misprisions
,
or
one
of
them
.
And
triall
by
Peeres
saved
to
the
Baronage
in
the
Statute
of
new
treason
of
felony
hath
reference
only
to
the
known
use
of
such
triall
,
so
that
in
those
new
treasons
,
or
felonies
,
such
as
for
other
offences
,
which
were
before
treason
or
felony
,
were
to
be
tried
by
their
Peeres
,
are
likewise
(
and
none
else
)
to
be
tried
by
their
Peeres
for
new
treasons
or
felonies
,
and
therein
the
Spirituall
Lords
are
equally
excluded
.
But
this
of
the
third
offence
,
against
that
Statute
,
is
neither
treason
,
felony
nor
misprision
,
but
a
Trespasse
,
punished
only
by
forfeiture
of
goods
,
and
perpetuall
imprisonment
.
In
which
Case
this
act
saith
without
reference
to
the
use
of
triall
by
Peeres
,
as
it
is
usually
expressed
in
other
Statutes
,
that
all
and
singular
Lords
of
the
Parliament
for
the
third
offence
shall
be
tried
by
their
Peeres
.
CHAP.
III.
Scandala
Magnatum
.
IF
any
person
shall
divulg
false
Tales
of
any
of
the
Lords
of
Parliament
,
by
which
dissention
may
bee
betwixt
the
Commons
and
them
,
the
offender
is
to
be
imprisoned
untill
hee
bring
forth
the
Author
,
but
this
also
is
communicated
to
the
grea●er
Officers
of
the
Kingdom
.
CHAP.
IV.
Proces
against
them
in
English
Courts
,
by
Bill
and
Answer
.
THe
course
of
the
Chancery
is
,
and
of
the
late
Starcham
.
was
that
the
Chancellor
writes
to
the
Lords
of
Parliament
,
and
sends
out
Subpoena's
and
usually
his
letters
are
prayed
in
the
Bils
that
are
exhibited
against
them
.
But
whether
upon
a
Barons
not
appearing
on
a
Subpoena
,
an
attachement
may
be
awarded
hath
been
a
question
,
neither
do
I
find
it
cleerely
resolved
otherwise
than
that
in
later
times
,
the
practise
is
,
that
it
may
:
but
in
the
time
of
Queen
Elizabeth
,
in
a
suit
between
Tavernor
and
the
Lord
Cromwell
the
defendant
disobeying
an
Injunction
in
the
Chancery
,
it
was
questioned
what
course
should
bee
taken
against
him
,
and
upon
good
and
deliberate
advice
taken
by
the
Court
,
having
the
opinion
of
some
of
the
Iudges
herein
,
an
attachment
was
awarded
to
the
Sheriffe
of
Norfolke
and
returned
so
and
the
Sheriffe
had
his
costs
for
bringing
him
.
This
attachment
was
awarded
in
Michaelmas
Terme
and
in
Hillary
Terme
he
was
returned
so
,
but
afterwards
there
being
a
Parliament
began
in
May
,
and
ended
in
June
;
the
Lord
Chancellor
complained
of
it
,
and
it
was
pretended
that
it
was
gotten
in
Court
,
in
the
absence
of
the
Lord
Chancellor
,
and
advice
was
had
with
Councell
,
and
Iudges
,
and
it
appeares
not
(
as
the
words
of
the
Iournall
booke
are
)
that
by
the
Common
Law
or
by
any
presidents
of
the
said
Court
of
Chancery
,
it
was
warranted
that
the
person
of
any
Lord
having
place
and
voyce
in
parliament
(
in
the
like
case
)
in
the
said
Court
of
Chancery
before
this
time
had
been
attached
,
and
therfore
they
took
it
to
be
against
the
priviledges
of
the
Lords
of
this
Kingdom
,
and
he
was
discharged
.
But
for
that
of
attachment
upon
Subpoenas
,
and
in
the
course
of
proceeding
against
noble
men
by
such
Writs
or
Bils
as
are
used
in
the
Exchequer
,
Chancery
or
elsewhere
,
it
is
not
likely
that
any
certain
,
Course
of
ancient
Common
Law
,
or
proceeding
in
equity
can
be
found
to
justifie
it
at
all
either
against
them
or
any
other
persons
beyond
the
time
of
R.
2.
under
whom
John
Waltham
,
Bishop
of
Salisbury
,
and
Chancellor
of
England
brought
in
the
Writs
of
Subpoena
,
&
caeteris
de
causis
,
in
the
Chancery
and
the
Exchequer
,
by
example
whereof
other
Courts
have
used
them
,
against
which
the
Commons
passed
a
Bill
in
Parliament
under
Henry
the
fift
,
but
the
King
would
not
give
assent
to
it
.
The
like
is
found
under
Henry
the
sixt
,
and
Henry
the
fourth
.
CHAP.
V.
Their
number
of
Chaplaines
qualified
.
BY
the
Statute
of
Pluralities
,
every
Arch-bishop
may
have
eight
Chaplaines
that
may
take
dispensations
for
a
plurality
,
but
for
the
plenty
of
Schollers
of
good
ability
in
Arts
and
Learning
,
it
is
like
the
Law
in
these
points
will
be
altered
,
that
they
all
have
and
none
want
convenient
benefice
.
Every
Marquesse
and
Earle
,
may
have
5
Chaplaines
.
Every
Viscount
,
may
have
4
Chaplaines
.
Every
Bishop
,
may
have
6
Chaplaines
.
Every
Temporall
Baron
,
may
have
3
Chaplaines
.
Every
Dutchesse
,
being
Widdowes
two
.
Every
Marchionesse
,
being
Widdowes
two
.
Every
Countesse
,
being
Widdowes
two
.
Every
Baronesse
,
being
Widdowes
two
.
CHAP.
VI
.
Their
retaining
of
Strangers
.
A
Baron
of
the
Parliament
may
keepe
six
strangers
borne
out
of
the
Kings
obeysance
at
one
time
,
whereas
another
man
may
retaine
not
above
foure
.
CHAP.
VII
.
Clergy
.
VNder
Edw.
the
sixt
,
a
priviledge
was
given
to
the
Nobility
,
that
in
all
cases
where
a
common
person
,
as
a
Clerke
convict
shall
and
may
have
benefit
of
his
Clergy
,
and
in
all
cases
where
priviledge
of
Clergy
is
restrained
,
or
taken
away
by
that
Statute
except
in
willfull
murder
,
that
is
,
Burglary
,
Robbery
,
by
or
neere
the
high-way
,
stealing
of
Horses
,
and
Sacriledge
;
a
Lord
of
the
Parliament
and
Peere
of
the
Realme
should
at
the
first
offence
,
only
of
common
grace
without
prayer
have
benefit
of
the
Clergy
,
and
stand
as
a
Clerke
convict
to
make
purgation
,
although
hee
cannot
read
.
But
as
Stamford
notes
in
all
other
cases
,
in
which
Clergy
is
taken
away
since
that
Act.
A
Baron
of
the
Parliament
is
in
the
same
case
as
any
other
common
person
is
;
And
by
Acts
made
since
,
it
was
taken
away
generally
.
1
For
stealing
of
Horses
,
1.
E.
6.
cap.
33.
2
Robbing
in
dwelling
houses
,
&c.
in
or
neere
the
high
way
,
5.
E
6.
c.
9.
3
Burning
of
Houses
or
Barnes
,
pety
treason
,
5
Phil
&
Mar.
c.
4.
4
Stealing
of
5
s.
in
any
dwelling
house
or
any
place
adjoyning
,
39.
Eliz.
cap.
15.
5
Stealing
of
12
d.
or
more
without
the
knowledge
of
the
person
,
&c.
8.
Eliz.
cap.
4.
6
Burglary
and
Rape
,
16.
Eliz
,
cap.
7.
7
Killing
one
that
hath
no
weapon
drawn
,
1
Jac.
cap.
9.
CHAP.
VIII
.
Their
liberty
of
hunting
in
the
Kings
Forrests
.
QVicunque
Archiepiscopus
Comes
vel
Baro
veniens
ad
nos
,
per
mandatum
nostrū
transiret
per
forestam
nostram
liceat
ei
capere
unam
bestiam
vel
duas
,
per
visum
Forestarii
si
presens
fuerit
,
sin
autem
faciat
cornare
,
ne
videatur
hoc
furtim
facere
,
hoc
liceat
eis
redeundo
facere
sicut
praedict
est
:
and
this
hath
been
interpreted
to
the
comming
of
a
Lord
by
summons
to
the
Parl.
by
proces
out
of
the
Chancery
,
Kings
bench
or
otherwise
,
where
the
returne
is
Coram
Rege
.
CHAP.
IX
.
Amerciaments
.
IN
case
of
Amerciaments
of
Barons
of
Parliament
upon
nonsuits
,
or
other
Iudgments
,
ending
in
misericordia
,
there
is
a
speciall
course
,
both
for
the
summe
and
the
way
of
assertaining
of
it
,
which
differs
from
the
Amerciaments
of
cōmon
persons
.
For
the
summe
,
the
Amerciaments
of
an
Earle
,
or
Spirituall
,
or
Temporall
Baron
is
equall
,
that
is
,
5
l.
of
a
Duke
,
10
l.
and
the
sessing
of
this
is
by
the
Kings
Iustices
,
before
whom
the
action
dependeth
.
The
Iustices
in
this
place
supplying
the
roome
of
Peeres
,
by
which
according
to
the
grand
Charter
they
are
to
be
amercied
,
as
expr●ssly
it
is
affirmed
in
the
Iudgement
under
H.
6.
against
the
Earle
of
Northumberland
,
where
the
words
of
the
Iustices
are
,
Insomuch
as
an
Earle
is
a
Peere
of
the
Re●lme
,
he
shall
be
amercied
by
his
Peeres
,
according
to
the
Statute
▪
and
therefore
we
put
not
the
Amerciament
i●
ce●taine
.
And
thence
and
thus
is
the
grand
Charter
to
bee
understood
that
saith
,
C●mites
&
Barones
non
amer●ientur
,
nisi
per
Pares
suos
,
but
continuall
usage
hath
thus
(
as
before
is
shewed
)
interpreted
that
priviledg
and
so
hath
the
practise
been
,
and
thence
was
it
under
E.
2.
a
writ
was
directed
to
the
Iustices
of
the
Common
pleas
that
they
should
not
amerce
the
Abb●t
of
Crowland
,
tanquam
Baro
,
because
he
did
not
hold
per
Baroniam
,
aut
partem
Baroniae
.
For
this
of
Amerciament
while
there
were
no
other
Titles
of
greater
Nobility
but
Earle
and
Baron
,
which
was
in
the
time
of
E.
3.
who
created
the
first
Duke
in
England
,
as
Rich.
the
2.
the
first
Marquesse
;
and
H.
6.
the
first
Viscount
.
And
the
Amerciaments
of
the
Lords
of
the
Parl.
were
all
at
5
l.
whence
also
is
generally
so
affirmed
in
the
Statutes
of
Ireland
under
H.
the
sixt
,
that
every
Lord
that
is
called
L.
of
Parl.
in
all
places
aswell
personall
as
reall
,
in
which
amerciaments
do
ly
,
shall
be
amercied
at
100
s.
But
when
other
dignities
were
made
,
and
it
seemes
according
to
the
proportion
of
the
releifes
,
paied
by
those
new
dignities
,
for
a
Duke
is
to
be
amercied
at
double
the
summe
of
an
Earle
that
is
10
l.
as
his
reliefe
is
double
,
which
is
20.
CHAP.
X.
No
processe
in
civill
actions
to
bee
awarded
against
the
body
of
a
Baron
.
NO
baron
of
the
Parliament
or
Baronesse
is
to
be
arrested
by
Capias
upon
action
of
debt
,
account
,
trespasse
or
the
like
,
but
they
are
to
be
distrained
only
and
pay
issues
,
retorned
for
an
apparance
.
The
reason
of
this
was
anciently
,
because
the
Capias
in
such
Cases
,
goes
out
only
upon
nihil
habet
,
retorned
by
the
Sheriffe
which
could
not
be
for
a
Baron
who
was
ever
to
be
supposed
to
be
seised
of
his
Barony
,
by
which
he
might
be
distrained
and
lose
issues
.
Although
the
reason
failes
now
in
those
that
have
not
more
than
the
names
alone
of
their
Baronies
,
yet
the
same
Law
still
remaines
,
but
this
limited
to
actions
between
party
and
party
,
and
party
for
in
cases
of
rescues
,
felonies
,
or
the
like
,
where
the
offence
is
immediatly
to
the
King
,
A
Capias
lies
against
a
Baron
of
the
Parl.
And
it
is
as
other
priviledges
which
are
legal
in
England
,
limited
also
to
the
Barons
of
the
Parl.
of
England
,
for
it
appeares
under
R.
2.
that
in
an
action
of
debt
,
a
Capias
was
awarded
against
the
Countesse
of
Ormond
,
being
one
Irish
Baronesse
,
and
participating
of
her
husbands
dignities
as
our
Ladies
in
Eng.
neither
can
a
Baron
of
Ireland
be
tried
here
by
the
Peeres
of
Eng.
for
they
are
not
his
Peers
,
no
more
than
the
L.
Zanchar
might
being
a
Baron
of
Scotland
,
who
was
indicted
and
arraigned
only
by
the
name
of
Rob.
Creighton
Esquier
and
upon
this
reason
,
that
he
was
no
Baron
of
Parl.
tried
by
a
common
Iury
.
Thence
it
is
also
that
an
Earle
,
Baron
,
or
Duke
of
France
comming
into
Engl.
by
the
Kings
safe
conduct
shall
not
in
any
legall
proceedings
be
stiled
so
,
as
appeares
in
the
time
of
Edw.
the
1.
in
the
case
of
the
E.
of
Richmond
,
being
then
Duke
of
Brittaine
,
and
in
the
case
of
Sir
John
Douglasse
under
Edw.
the
4.
And
the
reason
why
S.
Gilbert
Humfravill
,
in
the
time
of
Edw.
the
3.
was
legally
to
have
his
title
in
writs
of
Earle
of
Anguish
,
was
because
that
in
that
age
the
E.
of
Anguish
by
that
name
was
L.
of
the
Parl.
as
it
is
expresly
noted
in
our
year-books
.
And
this
difference
it
seemes
hath
beene
here
between
Temporall
dignities
,
and
Spirituall
,
that
in
regard
the
temporall
State
of
England
was
ever
held
as
severed
and
distant
from
other
States
,
not
at
all
communicating
with
them
in
civill
government
.
Therefore
forraigne
dignities
which
are
of
the
Civill
part
of
States
,
had
no
respect
given
them
as
appeares
in
the
examples
already
brought
.
But
on
the
other
side
in
dignities
Spirituall
,
because
there
was
anciently
through
Christendome
supposed
an
unity
in
the
Church
.
So
that
England
with
forraigne
Nations
,
and
they
with
England
(
as
membe●s
of
one
body
had
a
mutuall
reference
to
each
others
Countrey
)
was
legally
valued
,
as
Bishops
in
England
,
as
may
be
seen
in
that
case
of
the
Bishop
of
V●recht
(
for
this
is
the
right
Name
,
though
it
be
printed
Vrston
)
under
E.
the
3.
where
being
made
Bishop
of
Vtretcht
makes
a
Prebend
of
England
So
the
Title
of
Cardinall
was
usually
given
in
legall
proceedings
to
such
as
had
that
dignity
in
England
,
whence
also
the
Archbishop
of
Raguse
being
parson
of
a
Benefice
in
the
Bishoprick
of
Carliste
,
under
King
John
was
(
it
seemes
)
to
have
been
accounted
here
also
an
Archbishop
for
dignity
,
though
not
for
Iurisdiction
.
CHAP.
XI
.
A
Knight
to
be
retorned
upon
every
pannel
where
a
Baron
is
party
.
IN
every
Iury
impannelled
between
any
Baron
of
Parl.
and
other
person
whatsoever
,
one
Knight
at
the
least
is
to
be
returned
,
which
failing
the
array
may
bee
quashed
by
challenge
:
A
testimony
hereof
aswell
for
spirituall
as
temporall
Barons
is
frequent
.
CHAP.
XII
.
No
day
of
grace
against
a
Baron
.
IF
a
Baron
of
the
Parl.
be
plaintif
or
defendant
in
any
action
,
and
the
plaintife
or
defendant
pray
a
day
of
grace
,
he
shall
not
have
it
against
him
,
and
this
is
expresly
affirmed
in
the
books
.
CHAP.
XIII
.
Making
deputies
of
places
of
trust
committed
to
them
.
O●
late
years
it
was
agreed
in
the
case
of
Gilbert
Earle
of
Shrewsbury
that
whereas
the
office
of
Steward-ship
was
granted
to
the
Earle
of
Rutland
,
without
givi●g
power
to
make
a
deputy
(
and
this
by
Q.
Eli●abeth
)
that
●et
he
might
exercise
the
same
Office
by
Deputy
,
by
reason
of
the
n●c●ssity
that
is
supposed
in
the
lawe
to
be
of
the
Ea●l●s
attendanc●
upon
the
King
and
the
Gov●rnment
of
the
Kingdome
,
the
same
reason
is
it
seemes
for
all
Barons
.
FINIS
.
Notes, typically marginal, from the original text
Notes for div A59090e-1130
U.
8
▪
Dyer
.
Parl.
14
Eliz.
Dyer
par
.
●9
.
&
43.
Eliz.
&
l.
●ac
.
&c.
Rot.
Parl.
18.
E.
1.
Rot.
2.
Dor●o
:
2
Mareli
in
Dye●
parl
●
15.
Hen
:
8
:
See
3.
E.
3.
fol.
9.
Scroope
.
Rot.
parl.
4
,
E.
3.
m.
7.
Boges
of
Bovons
,
Iohn
Deverell
.
Thomas
Gournev
,
William
of
Ocle
.
Iohn
of
Gomeniz
.
William
of
Weston
.
The
same
Petition
is
in
the
roll
of
petitions
,
of
the
first
of
R.
2.
It
&
ultimo
.
Iohn
Lee
Steward
of
the
household
The●
.
●at
.
Alice
Piere
Cavendish
against
pool
C●ancellor
.
●ot
.
parl.
30.
●
3.
Art.
●8
.
●2
.
E
:
3.
fo
:
Hadlowes
case
parl.
1
R
:
2.
m.
3.
Art
:
28.2
R.
●
.
Art.
19.20
●
:
2
Art.
26.
the
case
●ase
of
the
●ate
of
the
●arle
of
Sa●i●bury
.
●arl
.
15.
R.
●
.
m
5.
Art
:
23.
&
●6
.
Art.
8
●
17.
Art
:
●3
&
18.
the
case
of
the
Dane
,
●nd
Chap●aine
of
●●chfield
●nd
the
pray
of
New●ort
●annell
,
●
H.
7.
fo
:
10
Flower●●ens
case
.
●ot
.
parl.
20
●
:
3.
n
:
●3
.
●5
.
38
.
See
●lso
to
this
●liz
.
stat
:
C●rl
:
&
25.
E
:
3.
stat
:
d●●rovision
.
Rot.
Par.
3.
R.
2.
M.
3.
N.
37.
fine
12.
Rot.
11.
R.
2
M.
2.
Act.
34.
part
.
It
was
ordained
in
a
Councell
held
at
Westminster
,
that
no
Clergy
ma●
should
Agitare
judicium
,
and
he
that
did
,
was
to
be
deprived
of
his
dignity
and
Orders
,
Roger
de
Hovenden
in
H.
2.
page
30.10
.
&
Gervas
.
Rot
:
proces
.
&
Judicii
prob
.
11.
R.
2
Rot.
Parl.
2
H.
4.
&
Rot.
Papl
.
2.
H.
5
Rot.
Parl.
13
H.
2
Act.
24
Holest●
in
Reg.
Courtney
,
332.
Dyer
●
Eliz
Parlia.
yet
the
Act
of
this
year
as
of
most
others
,
is
domin
.
tam
spiritualiū
quam
temporalem
assensu
.
7
H
,
8.
f.
104
b.
vel
184
b
Stat.
14.
E.
3.
cap.
5.
Rot.
Parl
:
28.
E.
3.
petit
.
7.
28.
E.
3.
petit
.
7.
28.
E.
3.
art
.
20.
Parl.
15
R.
2.
art
.
37.
Stat.
12.
R.
2.
c.
12.
&
H.
4.
fol.
1.
Nat.
Brev.
fol.
228.
Notes for div A59090e-15260
17
Johan
.
reg
p.
35
41
H.
1.
Idem
pag
1395.
&
1315.3
.
H.
Ro.
Parl.
Rot.
Parl.
7
●t
8.
H.
4.
M
4.
art
.
66
:
&
H.
4.
rot
.
Parl.
39.
●tat
.
21.
R.
●
.
c.
3.
&
4.
Rot.
Parl
1
M.
7.
Parl.
1
an.
14
art
.
●
5.
Dyer
,
15.
H
●
.
Parl.
Stat.
Jac.
14.
&
7.
●ap
.
6.
Stat.
15.
Eliz.
c.
4.
vel
.
1
Lib
5.
c.
de
Essoniis
,
c.
2.
&
3.
&c
9
fo.
281.
1
Henry
4.
fol.
1.
a
10.
E
4
fo.
6.
H.
8.
fol.
12.
a
Stamford
,
lib.
3.
Cap.
1.
Cooke
,
Liber
3.
fol.
30.6
.
48.
E.
3.
fo.
30.16
.
lib.
Ass.
35.
H.
6.46
.
a.
22.
E
3
fo.
18.
a
27.
H.
8.
fo.
22.
Cook
●ib
.
6
fo.
53.
Regist.
orig
f.
179.
b.
Fitz.
Nat.
bre
.
f.
165.
eodem
Parl.
in
arce
London
20.
E.
1
Coram
Rege
,
Ret
re●ep
.
Scaccarii
.
Art.
in
f●ro
deleg
.
1550
Mich.
12
:
Eliz
in
ar
Cur.
apud
Examinar
.
Ro.
pro
.
10
R.
2.
&
10.
in
ar.
Lond
Ro●
.
Parl.
●
R.
2.
art
.
41
:
2●
.
R
3.
&
M.
&
fasce
in
Sacello●
.
18.
Iunii
Mich.
31.
&
32.
Eliz.
32.
Eliz.
44.
Eliz.
7
Sept.
Mr.
42.
&
4●
.
Eliz.
40
El●z
apud
Tothill
.
O●do
10.
lib.
10.
Ja●
.
in
Chanc.
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.
3.
H.
6.
fol.
43.
&
44.
Rot.
parl.
1
H.
7.
part
.
1.
M.
14.
M.
15.
parl.
15.
E.
3.
N.
43
Circa
E.
●
.
de
Templo
in
Anonimi
Chron.
Gal.
observ.
prac
.
100.
fol.
22.
Not
in
Appeales
10.
Eliz.
4.
b.
lib.
in
tract
tit.
appeale
de
mort.
7.
Stamf.
&c.
1
H
4.1
.
an.
10.4.6.13
E.
4.12
.
an.
Stamf.
lib.
3
cap.
1.
Cooke
lib.
9
fol.
30.
b.
stat
.
4.
Iac.
cap.
1.
stat
.
20.
H.
6
cap.
9.
Cook
.
lib.
6.
fo.
52.
b.
Pas.
3.
E.
3
c●ram
rege
Rot.
9.
Rep.
3
E.
3
fo.
186
p●
:
28.
13.
E.
3.
tit.
Enquest
.
43
tit.
challenge
.
Plowden
Com
pl.
117
&
ve
.
Hill.
8.
E.
3.
Ro●
.
23.
coram
Rege
.
Stat.
4.
H.
5
ca
6.33
.
H.
8.
Tryal
141.
Hill
17.
E.
2.
Rot.
87.
Dorse
coram
Rege
&
Rot.
Rom.
m.
6.
Thomas
Walsingha●
fol.
199.
Transert
.
T●i
.
30.
E.
3.
Rot.
11.
Rep.
●tamf
.
lib.
●
.
fol.
133.
●empore●
.
8.
pro
Triall
142.
●tamf
.
lib.
●
.
pag.
135.
●ambd
.
in
●●rdi
Angl.
1
Mar.
Dyer
fo.
986.
Hollenshead
Cron.
fo.
1749.
Surpleis
.
case
.
Coo.
fo
40.5
Parl.
28.
H.
6.
Stat.
1.
Eliz.
c.
1.
Laurence
Iennius
li.
2
a
Cromp.
Iuris●
.
f.
33.
Dyer
,
Par●
.
Iun
14.
Eli.
&
Dyer
fo.
314.
&
315
Rot.
Parl.
3.
H.
●
.
parl.
1.
M.
2.
N.
46.
Rot.
Parl.
15.
H.
6.
N.
25.
&
Parl.
2
H.
2
art
:
69.
Parl.
Cor.
lib.
2.
fo.
130.
a.
38
E.
3
fol.
3●
.
a.
24.
●
.
●
.
f.
●1
b.
1.
H
6
.
7a
9.
H
6
f.
2
b
19.
E.
●f
9
a.
21.
E.
4.
f.
77
b.
1.
H.
6.
f
7.
b.
Cook
l.
8
f.
●
.
Gr●sseys
case
.
C.
4
:
li.
3.
De
Cor
c.
1.
fol.
116.
b.
Claul
.
15.
E.
2.
m.
12.
11.
H.
14.
a.
Cooke
lib.
6.
fol.
52.
b.
27
H.
8
f.
7.
a.
14.
a.
22.
b.
29.
Ass.
Pl.
33
14.
Eliz.
Dyer
.
fol.
315.
Trin.
1●Hen
.
4.
Rot.
8.
Coram
Rege
Cromw
.
libr.
Introt
&
tit.
Error
.
utiary
20.13
.
R.
2.
tit.
retorn
del
.
vîc.
74.10
.
H.
4.
tit.
process
.
44.198.1
.
H.
5.
fol.
22.
b.
v.
Ass.
21.
●
.
3
fol.
59.
b.
39.
Eli.
f.
35.
b
&
Claus.
39.
E.
3.
m.
2
19.
E.
3.
tit.
Trial
57
▪
Extra
.
tit.
derenuntia
.
cap.
9.
ad
Supplicationem
.
13.
E
,
3.
tit.
challeng
.
115
&
tit.
Enquest
.
43.
Ploud
.
Com.
l.
117.
&
1
&
2
Phil.
&
Mar.
Dyer
f.
107
63.
&
4.
●l.
idem
f.
208
●
.
27.
H.
8.
●●
.
b.
12.
E.
3.
f.
9.
●
.
27.
E.
3.
f.
●8
.
b.
27.
H●
.
f.
22.
b.
Te
J●.
f.
4●Cook●
〈…〉