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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         ESTC R10915
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         Images scanned from microfilm: (Early English books, 1641-1700 ; 294:3)
      
       
         
           
             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●
             〈…〉