lord viscount Strangford be then brought in for the reading the same a second time should custody to the bar of this House.

be forthwith sent to the said Philip lord vis, On which day the House proceeded to take count Strangford. into consideration what further becomes the On the next day, April 23rd, the messenger justice and dignity of this House respecting who served lord Strangford with a copy of the Jord viscount Strangford according to the bill, and also with the order for the second resolution of Saturday last.

reading of the same, was called in, and exaResolved, by the lords spiritual and tem-mined touching the service of the copy of the poral in parliament assembled, nemine dissen- said bill and order, pursuant to the said order tiente, that the lord viscount Strangford ought for that purpose. to be disabled from sitting in parliament, or Then the bill was read a second time, and making any proxy; and that the judges be the clerk-assistant to the House of Peers was directed to prepare a bill for that purpose. called in and examined; and the original letter

Lord viscount Strangford was brought to sent to this House by the Lords, together with the bar, and the lord chancellor acquainted the said engrossed bill, was shown to him at him with the resolutions of the House re the bar, and he declared that he was present specting his conduct, and he was then, by in the House of Peers when lord Strangford order of the House, discharged from the cus- acknowledged that he wrote the said letter. tody of the gentleman usher.

The said messenger also said, that there On Wednesday, the 14th, lord Carysfort, was a cause depending in the House of Lords, presented to the House a bill, for disabling wherein Gustavus Hume, esq. was plaintiff, Philip lord viscount Strangford, from sitting and William Burton, esq. was defendant, in parliament or making any proxy therein, which was ordered to be heard on Wednesday and also from sitting and voting on the trial the 28th of January last, and that George of any peer.

Rochfort, esq.

is the father of the said GusThe said bill was read the first time, and it tavus Hume. was ordered that it should be read a second The letter was read. time on the following Saturday the 17th, that On the next day the bill was committed, lord Strangford should have a copy of the bill, several amendments were made to it, and the and that notice should be given to him of the bill so amended was read a third time and said second reading; accordingly on Saturday passed. the 17th, the bill was read a second time. On the 26th it was returned to the Lords, James Corry being by order called in and who on the following day agreed to the Comsworn at the bar, he proved the service of a mons' amendments. copy of the said bill on lord viscount Strang And on May 14th, the act received the royal ford, and that his lordship had notice that the assent. said bill was to be read a second time on that It is stat. 23 & 24, Geo. 3, cap. 59, and reday.

cites, that, whereas a certain cause of great On Tuesday, the 20th, the bill was com moment was depending in the House of mitted and reported, with some amendments Lords, between Gustavus Hume, esq. and which had been made to it in the committee, William Burton, esq., which was appointed and which were agreed to by the House. to be heard on Wednesday, the 28th day of

On Wednesday the 21st, the bill was read | January, 1781; and whereas George Rocha third time and passed. And a message fort, esq. is father to the said Gustavus Hume, was sent to the House of Commons by two esq.; and whereas lord viscount Strangford, of the masters in chancery, to carry down pending the said cause, sent to the said

the said bill, and desire their concurrence George Rochfort, a letter all in his own handthereto; and also that the original letter writing, bearing date the 10th day of from lord viscount Strangford to George January; [Here the letter is set forth.] Rochfort, esq. dated 10th January, together And whereas it hath been resolved by the * with an attested copy of the minutes of lords spiritual and temporal in parliament aswhat passed in this House on the 24th of sembled, nemine dissentiente, that it apMarch last, the 8th, 10th, 12th, 14th, and peared to the said House, that the said lord 17th April last, be carried down to the House viscount Strangford in writing and sending of of Commons, and delivered with the said the said letter of the 10th of January, directed bill, as containing the grounds and evidence to the said George Rochfort, esq., hath acted upon which the Lords have proceeded in criminally and corruptly; and whereas it was passing the said bill.'

also resolved, by the Lords spiritual and temOn the following day the Loris gave leave poral in parliament assembled, nemine disto their clerk-assistant to attend the House of sentiente, that the lord viscount Strangford Commons on the morrow, to be examined if ought to be disabled from sitting in parlianecessary upon the bill.

ment, or making any proxy, and that the On the same day, April 22nd, in the House judges be directed to prepare a bill for that of Commons the bill was read a first time, purpose : and ordered to be read a second time on the It then proceeds to enact, that from and morrow, and also it was ordered that a copy after the passing of this act, lord Strangford of the said ingrossed bill, and also the order shall be, and is hereby disabled from siiting

[ocr errors]




and voting, in this or any future parliament,* | Printed Rolls of Parliament, vol. 5, p. 514.-
• and from making a proxy or proxies to act; or Rotulus Parliamenti Summoniti apud
6 vote for him in the same, and also from sit-
ting and voting on the trial of any peer.'

Westm', xxix die Aprilis, Anno Regni
Regis Edwardi Quarti Tertio, & usque, in

Annum Quartum continuati. In the Rolls of Parliament is a history of degradation by act of parliament, in the time Resumptio.--On the 21st day of January, of Edward 4th, from the peerage. The statute 1464-5,- for dyvers causes, and considerations by which this was operated is exhibited in concernyng the honour and prosperite of the printed Rolls of Parl. vol. 6, p. 173. the kyog our soverayne lord, and also the Rotul. Parl. xvii, Edw, iv, memb. 16. De

common wele, defence and welfare of this gradatio Georgii Neveli de nomine duc.'

reame, and of his subgettes of the same, hit

is ordeyned, enacte and stablished, by th' Wher afore this tyme, the kyng oure sove 'avis and assent of the lords spüels and rayne lord, for the gret zeell and love temporels, and of the commons, in this prehe bare to Johu Nevell, late named mar sent parlement assembled, and by auctorite quies Mounttague, and oder considerations of the same; that the kyng, fro the fest of hym moved, erecte and made George Ne 'the purification of oure lady, the yere of oure yell, the eldest son of the seid marques, to Lord mcccclxuri, have, take, seise, hold and be duke of Bedford; and at that tyme, for ‘joy, all honours, castelles, lordships, townes, the gret love his seid bighnesse bare to the towneships, maners, londes, tenementes, seid John Nevell, purposed and intended to

wastes, forestes, chaces, rentes, annuitees, have guyffen to the seid George, for sustenta reversions, fermes, services, issues, profittes tion of the same dignite, sufficiaunt liffelode :' and commoditees of Shires, which he had the and for the grett offences, unkyndnese, and inth day of Marche the first yere of his mysbehavyngs that the seid John Nevell reigne, by reason of his coroune of Englond, hath doon and commytted to his seid high


duchie of Cornewaill, principalte of Wales, nes as is openly knowen, he hath no cause and erledome of Chestre, or eny of theym; to departe any siffelode to the seid George. ' or that he had, or apperteyned or belonged And for so inoch, as it is openly knowen that 'to hym, the said nwth day of Marche, or eny the same George hath not, nor by enherit · tyme after, afore the seid fest, by reason of aunce mey have, eny lyffelode to support the his duchie of Lancastr', or by the forfeiture seid name, estate and dignite, or eny name of Henry the vite, late in dede and not in of estate ; and ofte tymes it is sen', that when right kyng of Englond, in Englond, Irlond, eny lord is called to high estate, and have not “Wales, and marehes therof, Guysnes and liffelode conveniently to support the same Caleis, and marches therof, and passed from dignite, it induces gret poverte, indigens, and hym, the scid with day of Marche, or eny causes oftymes grete extortion, embracere,tyme after, and afore the seid fest, by his lres and mayntenaunce to be had, to the greté patentes to eny persone or persones, in fee trouble of all such contres wher such estate symple, fee taille, terme of lyfe, or terme of shall hape to be inhabitet. Wherfore the yeres. And that the kyng have and joy kyng by the advyse and assent of his lordes every of the premisses, in like estate and spirituell and temporell, and the comons, in condition, as he had theym the seid unith this present parliament assembled, and by the day of Marche, or after. And also that all auctorite of the same, ordened, establisith, and yeftes, grauntes and releses, made by the enactith, that fro hens forth, the same erec kyng the seid inith day of Marche, or eny tion and makyng of duke, and all the names time after, afore the seid fest, to eny persone of dignite guyffen to the seid George, or to the or persones, of eny of the premisses, in fce seid John Nevell his fader, be from hens symple, fee taille, terme of lyfe or terme of forth voyd and of no effecte: and that the yeres, under eny of his seales, be from the same George and his heires, from hens forth seid fest of the purification voide, and of noo be no dukes, nor marques, erle nor baron, 'force nor effecte. nor be reputet nor taken for no dukes, nor But from the operation of this enactment marques, erle nor baron, for no erection or of resumption are very many exceptions, * creation afor made; bot of that name of the detailed descriptions of which occupy duke and marques, erle and baron, in hym upwards of thirty three folio pages of the and his heirez cesse and be voide, and of non printed Rolls of Parliament, among them is effecte; the seid erection or creation notwith the following: 'That this acte extend not stondyng.

to eny graunte or grauntes afore this tyme The four following statutes throw some made to eny lord not attainted, of eny rent light on the business.

or annuite, for the sustentation of his name

and estate; nor to noon office nor offices, See in the case of the earl of Macclesfield, ante vol. xvi, pp. 1401, 1402, the protests en * Some of these exceptions seem to be tered against negativing the motion, “That made merely by the king's warrant under his

the said earl shall never sit in parliament, signet, without any special concurrence of the • nor come within the verge of the Court.' other branches of the legislature,

[ocr errors]

co which were office or offices the seid muth | penbek, Yaresthorp, Raskell, Houke, Scoreby, day of Marche or afore, and neveth actuell Wilberfosse, Stanfordbrig, Hundburton, Knapexercise, graunted the seid 1111th day of ton, Rise in Hoidernes, Sutton upon Derwent, • Marche or after, to eny persone or persones Shirborn in Hertfordlith, Appilton in Ridale,

for terine of his lyfe or their lyfes, with fees, Sutton in Galtresse, and Thorlesthorp, Carle'wages and profittes, to the same office or ton with Coverdale in Coverdale, West Wit

offices afore the seid with day of Marche ton, Wodhall, ketilwell in Craven, Newbigdue and accustumed.'

yng, Thoralby with Bisshopesdale, Burton, And in the Parliament, which met on the Baynbrig with the vale of Wynsladale, Braith3d of June, 1467, Edw. 4. passed a like act by, Carleton in Clevelond, Little Crakehall,

waite, Aykescarth, Crakehall, Busseby, Faceof Resumption with some exceptions (see Bowes, Newforest, Arkelgarthdale, Hopes, Rot. Parl. 7 & 8, Edw. 4, mem. 2).—(Printed otherwise called Esthope, Westhope, Multon, Rolls Parliament, vol. 5, p. 572).

Forset, Gillyng, Salkeld, Soureby, LangwathIn this statute the exception corresponding by, Scotby and Carlaton, with all the appurto that which I have above transcribed is tenauncez; the barony of Worton, fre chace expressed as follows, viz.

in Wynsladale, ten pound of rent, goyng oute • Provided, that this acte, nor nothyng con- yerely of the castell and maner of Wilton, the teyned therin, extend to eny graunte or toll of Bowes, Leamyng, Difford and Smeton, grauntes afore this tyme made to eny lord not the wapentakes or baillewykes of Langbergh, attaynted, of eny rent or annuite in or for Hang, Halikeld and Gillyng; the advousons

his creation, supportation, or sustentation of the chirches of Moremonketon, Walkyngof his name, honour and estate. Nor to ton and Elvyngton, and of a chaunterrie in eny graunte made to eny persone or persones, the chirch of Appilton, a mille in Richeof eny office or offices, which were office or, mond, and the issues and profittes of a ferme offices the seid math day of Marche or afore, called Litferme, the half of the soile and wod 6 and nedeth actuell excercise, other than the of Snape, called the Westwode, all homages, • seid offices of sergeaunt of armes, graunted rentes, called Castelward, knyght's fees, rentes the seid inth day of Marche or after, to eny and services of free tenauntez, to the castell, persone or persones, for terme of his )yfe or honour and lordship of Richemond, or to any • their lyfes, with fees, wages and profittes, parcell therof belongyng, perteynyng, or ow

to the same office or offices due and accus yng to perteyne; the which honours, castelx, * tumed.'—(See Rot. Parl. 7 and 8 Edw. 4, lordships, maners, londes, tenementes, and mem. 8; vol. 5, p. 573).

all other the premisses, late were Richard

Nevile late erle of Warwyk, or any other Rotul. Parliament. xiv. Edw. iv. Mem. 16. Pro duce Glouc'.

persones or persone to the use of the same

erle. Also the kyng oure said sovereigne lord, The kyng oure sovereigne lord, consideryng by the assent and auctoriie beforesaid, orthe grete and horible treasons and other of deyneth and enacteth, that his said brother fenses doon to his highnes, by John Nevile have, hold, possede and enyoie, to hym and late marquys Mountague, entenderl by the his said heires, also long as there be any heire auctorite of this present parlement, to have male begoten of the said body of the said late atteynted and disabled the said late marquys marquys, all other londes, tenementes, rentes, and his heires for ever, accordyng to his deme- revercions, services and heriditaments whatriles, which to doo the same, oure sovereigne soever, the which also were the said late lord, at the humble request and prayer, as erle's, or any other persone or persones to the well of his right dere brother Richard duc of use of the said erle, in Shirefhoton, Videlham, Gloucestr', and other lordes of his blode, as Estlillyng, Elvyngton, Skirpenbek, Yaresa of other of his lordes, spareth and will no thorp, Raskell, Houke, Scoreby, Wylberfosse, ferther in that behalf procede: Nevertheles Stanfordbrig, Hundburton, knapton, Rise in the same our sov

overeigne lord, remembryng Holdernes, Sutton upon Derwent, Shirburn the grete and laudable service, that his seid in Hertfordlith, Appilton Ridall, 'Sutton in right dere brother Richard duc of Gloucestr Galtresse, Moremonkton, Walkyngton, El. hath dyvers tymes doon to his highnes, by vyngton, Catton, Towthorp, Brian Askham, th' advis and assent of the lordes spirituels and Wedirbý, Teneryngton, Westlillyng, Riton, temporels, and commens, in this present par- Bugthorp, Towthorp uppon the Wold, Wynlement assembled, and by th' auctorite of the sladale, Worton, Carleton, Westwitton, wodsame, ordeyneth, establissheth and enacteth, hall, Ketilwell in Craven, Newbigyng, Thoralthis present xxiú day of Februarie, that his by, Bisshopesdale Burton, Baynbrys, Braithsaid brother have, hold, possede and enyoie, wait, Aykescarth, Crakehall, Busby, Faceby, td him and his heires of his body laufully be Carleton in Clevelond, Litle Crakehail, goten, also long as there be any heire mayle Bowes, Newe Forest, Arkelgarth-dale, Ilopes, begoten of the body of the said marquys, the Multon, Forset, Gillyng, Wilton, Walden, honours, castelx, lordships and maners of Kerperby, Lyrtyngton, Barnyngham, StanMidelham, and Shiref hoton, with all their howkeld, Bolron, Fegherby, Sowthcouton, membres and appurtenaunces, the lordships Coldconyngstone, IIilderivell, Rand, Neuton and maners of Estlillyng, Elvyngton, Skis- Herlesey, Salkyld, Penreth, Soureby, Lanka


wathby, Scotby and Carlaton, with their ap- / same in the counte of Essex, the mansion or purtenaunces, and with knyghten fees, ad- mease called the Herber, and 11 meases thervousons of chirches, abbeys, priories, hos to annexed, with th' appurtenaunces in the pitals, chapels, and other benefices of the cite of London; the which lordship, maner, chirche whatsoever, chaseis, warennez, fraun- mansion and meases, late were Richard Nechesies, liberties, privileges, feyres, merketts, vile late erle of Warwyk, or any other perand all other profittes whatsoever, to the said sones or persone to th' use of the said erle : maners and other the premyses belongyng Savyng to all the kyng's liege people and their or apperteynyng: Saving to all the kyng's heires not atteynted, other then the heires liege people and their heires not atteynted, male of the body of the said late marquys beother then the heires male of the body of the goten, and Isabell late his wyfe, and other said late marquys begoten, and Isabell late his then our said sovereigne lord and his heires, wyf, and other then oure said sovereigne lord and the lordes of whome any of the premysses and his heires, and the lordes of whome any of be holden and their heires, as for any warde the premysses be holdyn and their heires, of any part of the same, by reason of the as for any ward of any part of the same, by nonnage of the heires males of the body of reason of the nonnage of the heires males of the said marques begoten, and the heires of the body of the said marques begoten, and Richard late erle of Salesbury, and the feoffes the heires of Richard late erle of Salesbury, of the same erle, and the feoffes of Richard and the feoffes of the same erle, and the late erle of Warwyk, and the feoffes to th' feoffes of Richard late erle of Warwyk, and

use of the said Richard late erle of Salisbury, the feoffes to the use of the said Richard late and the feoffes to th' use of the said Richard erle of Salesbury, and the feoffes to the use late erle of Warwyk, and their heires and asof the said Richard late erle of Warwyk, and signes, and the heires and assignes of every their heires and assignes, and the heires and of theym, in and of the premysses and every assignes of every of theym, in and of the pre-part therof, such right, title and interesse, misses and every part therof, such right, as they had or shuld have had if this acte title and interesse, as they had or shuld had never be made. Also it is ordeyned by have had if this acte had never been made. the said auctorite, that if the said issue male Also it is ordeyned by the said auctorite, that of the body of the said John Nevile knyght if the said issue male of the body of the said begoten or comyng, dye withoute issue male John Nevill knyght begoten or comyng, of their bodies comyng, lyfyng the said duc; dye withoute issue mayle of their bodies that then the said duc to have and enyoie ali comyng, lyfyng the said duc; that then the premisses for terme of his lyfe.-Printed the said duc to have and enyoie all the pre- Rolls Parl. vol. 6, p. 125. misscs for terme of his lyfe.-Printed Rolls Parl. vol. 6, p. 124, 125.

Dr. Henry says, ' In a parliament that was Rotul. Parliament. xiv Edw. iv. Memb. 17.

then (1467) sitting at Westminster, an act

passed empowering the king to resume the Pro duce Claren'.

estates he had given away (with some exThe kyng oure sovereigne lord, consideryng ceptions) since his accession to the throne. the grete and horrible treasons and other 01 * This act (it is said) was chiefly intended fenses doop to his highnes, by John Nevile against the Neviles, who had obtained late marquys Mountague, entended by th’ grants of several forfeited estates, as a reauctorite of this present parlement, to have ward for their services in raising the king to alteynted and disabled the said marquys and the throne. The king immediately resumed his heires for ever, accordyng to his deme two manors which he had granted to the rites, which to doo the same, oure sovereigne archbishop of York, but abstained from the lord, at the humble request and prayer, as ' further execution of the act for some time.' well of his right dere brother George duc of It is not necessary here to enter into the Clarence, and other lordes of his blode, as of particulars of Edward's resumptions of two other his lordes, spareth, and woll no ferther manors from John, archbishop of York, and in that behalf procede : Nevertheles the the subsequent re-grant of them to him. The same oure sovereigne lord, remembryng the account of the conduct of this archbishop as grete and laudable service, that his said right related by the historians, though not so prodere brother George duc of Clarence hath minent as that of Warwick, yet contains matdyvers tymes doon to his highnes, by th' ad- ter of curiosity. vice and assent of the lordes spirituels and It is not immaterial to notice what is said temporels, and the commens, in this present in the two acts of resumption, concerning parlement assembled, and by th' auctorite of grants made to any lord, not attainted, of any the same, ordeyneth, establissheth and en rent or annuity in or for his creation, supacteth, this present xxını day of februarie, portation, or sustentation of his name, &c. that his said brother have, hold, possede and and the manifest allusion to it in the act of enyoie, to hym and his heires of his body lau- degradation; the following is a short account fully begoten, also long as there be any beire of the relationship in which the most conspimayle begoten of the bodye of the said mar cuous persons of the Nevile family of this quys, the lordship and manere of Claveryng, period, stood to each other.—Richard, eldest with the membres and appurtenaunces of the son of Ralph Nevile earl of Westmorland, by

[ocr errors]

his sccond wife Joan daughter of John of Bedford, was, as we have seen, the person Gaunt, married Alice, daughter and heir of degraded. Thomas de Montacute, earl of Salisbury. 4. The fourth son was George, archbishop This Richard (4th May, 20 Hen. 6, A.D. of York. 14.12,) was created earl of Salisbury. In 1460 Sir Henry Nevile, who was slain at Edgehe was beheaded at Wakefield. Among other cotefield, 1469, during his father's life-time, children he had four sons of whom-i. The was first cousin to Richard, the famous earl eldest was Richard, the famous carl of of Warwick, being the only son of George Warwick, who was só created 1447, and suc- Nevile, lord Latimer, who was the third son ceeded as earl of Salisbury, 1401; he was of Ralph Nevile, earl of Westmorland, and killed at Barnet.

his second wife Joan, mentioned above: this. 2. The second son was sir Thomas, who Henry had issue Richard, who succeeded his was slain with his father at Wakefield, De- grandfather as lord Latimer. cember 31st, 1460.

From the conspicuous share which the Ne3. The third son was John, the person villes had in the transactions of Edward the mentioned in the statute of degradation 4th's reign, copious mention is made of them printed above, who created earl of by the historians; but I do not, either in Northumberland, 4 Edw. 4, and marquis of Stowe or in Hume, find any mention of the Montague, in 1470, in which year he was degradation of the duke of Bedford. Habingslain a little before the battle of Barnet. His ton, in his life of Henry the 4th, so far as I son George, who succeeded as marquis of have observed, does not at all notice this duke Montague in 1470, and was created duke of of Bedford.


570. The Trials of GEORGE Gordon, Esq., commonly called

Lord George Gordon,* for a Libel on the Judges and the Administration of the Law; of THOMAS WILKIxs for printing the said Libel; and of the said GEORGE GORDON, Esq. for a Libel on the Queen of France and the French Ambassador. Tried in the Court of King's Bench, Guildhall, before the Hon. FrancIS BULLER, Esq., one of the Justices of his Majesty's Court of King's Bench, on Wednesday the 6th of June : 27 George III. A. D. 1787.


then shortly about to cause to be transported Of Hilary Term, in the twenty-seventh year be transported by the laws of this realm, to

divers felons and other offenders, liable to of king George the third.

a certain place in parts beyond the seas, London, Be it remembered, that Richard called Botany Bay, to wit at London afore to wit. Pepper Arden, esq. attorney general said, in the parish of St. Mary le Bow, in the of our present sovereign lord the king, wino ward of Cheap : and the said attorney-general for our said present sovereigo lord the king of our said lord the king, for our said lord prosecutes in this behalf

, in his proper person the king, further gives the court here to undercomes into the court of our said present stand and be informed, that before and at sovereign lord the king, before the king the time of the writing, printing, and pubhimself, at Westminster, on Tuesday next lishing of the false, wicked, malicious, scanafter the octave of St. Hilary in this same dalous, and seditious libel hereinafter next term, and for our said lord the king giveth mentioned, divers persons had been and were the court here to understand and be informed, confined in divers of his said majesty's gaols that before and at the time of the writing, within this kingdom, under sentence of death printing, and publishing of the false, wicked, or transportation, for divers crimes by the malicious, scandalous, and seditious libel, laws and statutes of this realm punishable hereinafter next mentioned, it was believed with death or transportation; and that and understood by and amongst his said George Gordon, late of London aforesaid majesty's subjects, that his said majesty was esq: (commonly called lord George Gordon),

well knowing the several premises aforesaid, * See his trial for high treason ante vol. 21, but being a wicked, malicious, seditious, and p. 485.

ill-disposed person, and being greatly disaf+ Taken in short hand by Joseph Gurney.fected to our said present sovereigu lord the

« VorigeDoorgaan »