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 ...

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

ITem It is to be understood that the 23. day of May, there was present,* 1.1 one Iohn Cavendish of London pri••oner in this Par∣liament before the Commons of England, in their Assembly in presence of some Pre∣lates, and Lords temporall there being, and afterwards before all the Prelates and Lords being in this Parliament, and pray∣ed 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 Chan∣cellor of England, and this request to him was granted, and thereupon by Comman∣dements of the Lords aforesaid, the said Master Nicholas there present found Sure∣ties to be peaceable towards the said Iohn, that is to say the Earle of Stafford: and the Earle of Salisbury: and the said Iohn re∣hearsed how at the last Parliament hee had made persuit by one Savill against Gib∣bon, 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 confes∣sed, and acknowledged in the Chancery for to discontinue and determine the matter, by composition according to Law and rea∣son.

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 be∣fore whom his busines depended, who was to do Iustice to high and low: which Clerk demanded copies of his Bills, and demean∣ed the whole businesse that he delivered to him, which when hee had viewed and un∣derstood, 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 pro∣mise the said Iohn Cavēdish was well agreed,

& granted to pay him the said 44. l. in mā∣ner as he should demand the same, but for that he said he had not the sum ready in his hand to pay, he obliged himself voluntarily to make payment well & lawfully at a cer∣tain 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 pay∣ment 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 al∣wayes, 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 Ad∣versaries before him, where hee encoun∣tred them in presence of the said Chan∣cellor: 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 de∣gree; And first of all as to that that is surmised of him by the Accusation hee now saith, that the said Fishmon∣ger 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 Accusa∣tion containes no Truth, and the said Chanc••llor voucheth to witnesse all the Iudges, and Serjeants of the Realme who were present in the Chan∣cery many times when the said mat∣ter was pleaded betweene the parties, which suit is pleaded to issue, whereof part lieth in Iudgement, and part re∣maineth untried, so that nothing now re∣maineth

to doe, but to render Iudge∣ment there of what remaineth in Iudge∣ment 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 Iu∣stice and that hee is unjustly delay∣ed.

And as to the remnant of the Accusa∣tion 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 man∣ner, 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 pay∣ment of those to whom for the dis∣pences of his said House hee was a debt∣or, 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 marvel∣led because he knew not the said Fish∣monger, and there withall he reckoned

with his said Officers how such an obliga∣tion was also made by the said Fishmon∣ger, who had a generall suit depending be∣fore 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 afore∣said, and the Obligation was utterly can∣celled and defaced, and thereupon presently was the said Fishmonger at his comman∣dement 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 reckon∣ed, nor had knowledge thereof in pri∣vate 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 man∣ner, 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 afore∣said, 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 Fish∣monger, concerning the defame and grie∣vous slander which hee had brought up∣on 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 exa∣mined, acknowledged that the aforesaid

Obligation was made to the said Clerk onely, and in his name without na∣ming the Person of the said Chancel∣lor in any part, and that the same Clerk upon his Oath made in the case had ful∣ly excused his Master the said Chancellor, that hee was not knowing of the said Ob∣ligation, nor of the Covenant aforesaid otherwise then before set forth.

And for that also his said Officers Gib∣bon, Robert, and William were perso∣nally in this Parliament, and examined upon their Alleageances to say the Truth of their part in this case answered ex∣pressely, 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 there∣of 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 suffi∣cient 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 ther∣upon it was commanded by the Lords, That as well the said Fishmonger, as the said Clerke should be committed, a••d so they were committed to priso••, 〈◊〉〈◊〉 ••fter∣wards they were let go at large▪ That is to say, the said Fishmonger by the maine-prise of Thomas Spicer a••d Steven Skinner, who w••re obliged body for bo••y to have th•• said Fishmonger from day to day, be∣fore the Lords aforesaid, or before what∣soev••r Judges should be assigned: And afterwards, f••r that the Parliament was drawing to an end, and the Lords were al∣so 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.

Notes

• * 1.1

  Cavendish against pool C••ancellor.