Archeion, or, A discourse vpon the high courts of iustice in England. Composed by William Lambard, of Lincolnes Inne, Gent

Examples of that Moderation.

ACcording to this moderation, King Edward 1. seeing that Bo∣go de Clare was discharged of an ac∣cusation put against him in Parlia∣ment; for some imperfections of forme that were discovered in the Complaint, commanded him never∣thelesse to appeare before himselfe, ad faciendum & recipiendum quod per regem & ejus consilium fuerit facien∣dum, and so proceed to a reexami∣nation of the whole cause, Anno 18. Edward 1.

And according to this Modera∣tion, King Edward 3. in the 41. yeere of his Reigne, at the complaint of Elizabeth, the widdow of Nicho∣las Audley, to appeare before him∣selfe and his Councell, (viz.) the Chan∣cellor, Treasurer, and Iustices, and O∣ther Sages, and upon their submissi∣on

to stand to the ordinance of him, and his Councell, he determi∣ned a controversie betweene them, touching the assurance of certaine Lands contained in the Covenants of her marriage. Rot. clauso de Anno. 41. Edward the third.

According to this Moderation, King Henry 5. in a Suit before him and his Councell, betweene William Goddard and his Wife, complainants against Hugh Straule for the title of the Mannor of Serrie, and St. Lau∣rence, in the Isle of Tannet in Kent, tooke order for sequestring the pro∣fits, till the right were tryed; as well for the avoiding of the breach of the peace, as for the prevention of waste and spoile. R••t. Paten. An∣••o 6. Henry 6.

According to this Moderation, when Robert Danvers, a Counsellor at the Law, had exhibited his Bill to King Henry 6. and his Councell, in

the 11. yeere of his Reigne, pray∣ing thereby, That forasmuch as he was defamed with the suspicion of raising a Record, of an Inquisition af∣ter the death of Iohn Saint-Iohn, the matter might be examined, aswell for the behalfe of the King, as for the declaration of his owne inno∣cencie. The request was granted unto him, and upon proofe, that William Brocket, a Clarke of the Ex∣chequer, had made the razure, Broc∣ket was fore-judged to have accesse for writing in any of the Kings Courts of Record, and Danvers was acquitted of all fault; with order, that his Declaration of his innocen∣cie should be inrolled.

The like whereof, for the Decla∣ration of the Innocencie to the Lord Ralph Cromwell, Chamberlaine to the same King, made by him before the Kings Councell, against the villan∣ous accusation of one Robert Colli∣son,

Priest, for suspition of Treason, may you read in Rot. Paten. de Anno 31. Henry 6.

According to the same Modera∣tion also, the Counsell of the same King proceeded against Iohn Foard, a Mercer of London; and punished him for the fraudulent packing of 26. stone of Wooll amongst cer∣taine Broad Cloathes, that he sold to a Dutchman, which did transport them; Rotulo claus. de Anno 17. Henry 6.

According to this Moderation, the same King likewise comman∣ded the Iustices of his Bench to stay the arraignment of one Verney of London, till they had other Com∣mandement from him and his Coun∣sell: Because Verney being indebted to the King, and others, practised to be indicted of Felony; wherein he might have his Clergie, and make his purgation, of intent to defraud

his Creditors; 34. Henry 6. Rotulo 37. in Banco Regis.

According to this Moderation, King Edward the 4. and his Counsell heard the Cause of the Master and poore Brethren of the Hospitall of St. Leonards in Yorke; complaining, That Sir Hugh Hastings, Iohn Wom∣bell, and others, withdrew from them a great part of their living, which consisted chiefly upon ha∣ving of a Thrave of Corne of each Plow-land,* 1.1 within the Counties of Yorke, Westmerland, Cumberland, and Lancashire; and for the which, they being very poore men, were not able to sue the redresse at the Common Law, Rotulo Paten. de An∣no 8. Edward 3. part 3. memb. 14. And yet had they of that Hospi∣tall a speciall Act of Parliament made for them, to give them Action in that very Case, 2. Henry 6. cap. 2.

According to the same Modera∣tion, the same King and his Councell made a Decree for Richard the Ab∣bot of Saint Edmonds-Bury,* 1.2 against Walter Thurstone, William Sigo, and others, the inhabitants of Bury, whom he there punished, for turbu∣lent elections of their Aldermen, Con∣stables, and other Officers; whereas they had no Corporation at all, nor any other Head, besides the Abbet. Rot. Paten. Anno 20. Edward 4. Part 2.

According to the same Modera∣tion, King Henry 7. and his Councell, in the first yeere of his reigne, heard the Cause of Sanctuarie at Culva•…•…, claimed for Treason by Humfrey Stafford, under colour of the Privi∣ledges of the Abbey of Abbington; and gave order, that the Iudges should deliberate thereupon; that Stafford, with his learned Councell, should be heard before them, and

that the Abbot should be called to shew his Priviledges.

In which yeere also, a Privie Seale was awarded to the Maior of Briston, Ad faciendam Iustitiam; to Ferdi∣nando de Saint Iago, a Spaniard; or otherwise, to appeare coram Rege.

And likewise, the same yeere the Kings Councell decreed, that Marge∣ry and Florence Becket should sue no further in their Cause against Alice Radley, widdow, for Lands in Wol∣wich, and Plumstead; for so much as that matter had been heard first be∣fore the Councell of King Edward 4. After that,* 1.3 before the President of the Requests of that King Henry 7. and then lastly, before the Councell of the same King.

And to conclude, I have seene it registred, That the same King Hen∣ry the seventh, did personally sit in Iudgement, with his Councell, in the Star-chamber, twelve severall times

within the compasse of that first and second yeere of his Reigne: where according to his moderation, the Plaintiffe was commonly bound either alone, or with Sureties, to ju∣stifie the matter of Complaint; or otherwise, to pay Costs and Expences of the Defendant; and in default of such proofe, was many times com∣mitted to prison for his wrongfull vexation. The Defendant likewise, most commonly, gave Bond for the Peace, or for the Good-abearing, as the case required, to prevent all danger of force, and disturbance of the Common Law; whereunto, for tryall, they both were oftentimes dismissed.

But amongst other things which it hath chanced me to see, that or∣der which the Councell during the minoritie of Henry 6. did set downe to be observed amongst themselves, is no lesse memorable than service∣able

for this purpose: The which, although it doe containe some Ar∣ticles not altogether proper to this Argument; yet for as much as it hath many points well tempered for the maintenance of this Mode∣ration, and the same so interlarded with the rest, that it should be vio∣lent to dissever them; I will set it downe wholly, as it came to my hands.

Order taken for the Councell, during the Minoritie of King Henry the sixt.

1 THat the Lord of Bedford, of Glocester, nor other of the Councell shall behote any favour, but that each Bill and Suit shall be seene by all the Councell, and by them to have reasonable Answer.

2 That in the plaine Terme the Councell shall one day in the Weeke intend to the reading and answering of Bills; which Answer shall be endorsed on the Bill by the Clarke of the same Councell, and on the Friday declare it to the partie suing, unlesse the great and notable Causes of the Realme let it.

3 All Bills comprehending matters terminable at the Common Law, shall be remitted thither, unlesse the discretion of the Councell feele too great might on the one partie, and un∣might on the other, or cause reasonable to move them.

4 No Councellor take upon him to be partie in any matter, there to be s••ed, but if it touch himselfe; and the•• he not to be present, while it is in hea∣ring.

5 Each Councellor shall have full freedome to speake what he thinketh, in the matters demanded there, and none

other of the said Councell shall con∣ceive indignation; therefore alwayes due reverence kept to every estate and person.

6 For avoiding of anger, and indig∣nation of persons out of the Councell, by discoverie of things spoken, and trea∣ted there; no person whatsoever shall abide in the Councell, while matters of the Councell be treated, save onely the Councellors sworne.

7 No matter shall be assented, but at the least there assent thereunto foure Councellors, and an Officer, assembled in the forme of Councell, and at a place appointed; and that shall not suffice, unlesse they make the more part of the number then present in Councell.

8 No Bill be sped, but in place ordained for Councell, and the Coun∣cell being there in forme of a Coun∣cell, and the Bill to be read there first before them all, whereunto every man

shall singularly say his advice; and then it may bee subscribed by the Lords there, or in any other place, where the Clarke of the Councell shall bring it himselfe unto him.

9 The correction or removing of any Councellor, or great Officer of the King, shall proceed of the advice and assent of the more part of all those that had been appointed of the Kings Coun∣cell.

10 All matters touching the King, shall be preferred to all other, both in Parliament and Councell.

11 To Benefices and Offices be∣comming void, and belonging to the Kings disposition, those shall be preferred that have served the King or his prede∣cessors; so that there be found among them persons able thereto.

12 Out of the Terme-time, no∣thing shall be sped in this Councell, but such things for the good of the King, and the Land, that aske necessarie speed,

and may not godly be abidden unto the Terme-time.

13 If the Opinions of my Lord of Bedford, or of Glocester, fall on the part of the lesse number, and yet doe move the greater number forthwith to conde∣scend; then shall the matter dwell in deliberation, till the next day; at which every man shall say his reason, and then shall stand the opinion of the more part in number: and if the number be equall, then shall that partie on which the Lord of Bedford or Glocester is in, be holden for the more partie.

14 Where the Kings Prerogative, or Free-hold, is in question, there the Kings Iudges shall be called, and their names and advices shall be entred of Record.

15 The Clarke of the Councell shall be sworne, That each day of sitting, hee shall cause the Bills of the poorest Suitors to be first read, and answered, so neere as he can aske, or enquire; and

the Kings Sergeant to be sworne, to give Counsell without Fee, to such as shall be accepted for poore, upon paine to be dis∣charged of their Offices.

16 No Lord of this Councell shall wittingly receive, cherish, hold in house∣hold, nor maintaine any Piller, Robber, Oppressor, Man-slayer, Felon, Out∣law, Ravisher, unlawfull Hunter, open misdoer, or other, openly named or famed for such, till his innocencie be declared: Nor shall take any other mans Cause, or Quarrell, into favour, by word, deed, or message, by giving Liverie, or otherwise, by any colour, or occasion of feoffement, gift, or Deed of Lands, or moveables; nor shall con∣ceive indignation against any Iudge, or Officer, for doing his Office in forme of Law; and shall cause their servants, and all others in their Countries, to doe the like.

17 No Lord of this Councell shall by colour, or occasion of feoffement,

or gift of Lands, or other goods, receive, or take by himselfe, or by any other, to his use, any thing that shall stand in debate, or demand; without it be first spoken of, and committed to the Kings Councell, and by the more part of them considered to be lawfull to doe.

18 None of the said Councell shall by himselfe, or by any other, take any gift, for favour, or furthering of any person, or matter; upon paine to restore the double to the partie, sixe times as much to the King, and to be forbidden to sit in the said Councell, till the King be otherwise advised.

Thus having made it clearely to appeare, who is, and ought to bee Iudge of these Complaints; let us now also discover what is, and hath beene the most usuall Place for the exhibition of them.

Notes

• * 1.1

  A Thrave hath 24. sheaves, as a Stack hath 12.
• * 1.2

  See Holling. Cron. p. 344 sur Records de Burie 1. Ed. 3.
• * 1.3

  President of the Re∣quests.