His judgment was only imprisonment in the Tower, until he had made a fine and ransom at the king's will; and no more.

NOTES UPON LORD LATIMER'S CASE.

50 Edw. 3. His offences were very high and hainous, drawing upon high treason: as the extortious taking of victuals in Bretagne, to a great value, without paying any thing; and for ransoming divers parishes there to the sum of 83,000/. contrary to the articles of truce proclaimed by the king; for suffering his deputies and lieutenants in Bretagne to exact, upon the towns and countries there, divers sums of money, to the sum of 150,000 crowns; for sharing with Richard Lyons in his deceit of the king; for enlarging, by his own authority, divers felons; and divers other exorbitant offences.

Notwithstanding all this, his judgment was only to be committed to the Marshalsea, and to make fine and ransom at the king's will.

But after, at the suit of the commons, in regard of those horrible and treasonable offences, he was displaced from his office, and disabled to be of the king's council; but his honours not touched, and he was presently bailed by some of the lords, and suffered to go at large.

JOHN LORD NEVILLE's case.

50 Edw. 3. His offences were, the not supplying the full number of the soldiers in Bretagne, according to the allowance of the king's pay. And the second was for buying certain debts, due from the king, to his own lucre, and giving the parties small recompence, and specially in a case of the lady Ravensholme.

And it was prayed by the commons, that he might be put out of office about the king but there was no judgment given upon that prayer, but only of restitution to the lady, and a general clause of being punished according to his demerits.

MY LORD,

IF your lordship have done with that "Mascardus de Interpretatione Statutorum," I shall be glad, that you would give order that I might use it. And for that of 12 Hen. 7. touching the grand council in the manuscript, I have since seen a privy seal of the time of Henry 7. (without a year) directed to borrow for the king; and in it there is a recital of a grand council, which thought, that such a sum was fit to be levied; whereof the Lords gave 40,000%. and the rest was to be gotten by privy seal upon

*Alderani Mascardi communes conclusiones utriusque juris ad generalem statutorum interpretationem accommodata: printed at Ferrara, 1608.

loan. Doubtless, my lord, this interprets that of the manuscript story.

On the back of this letter are the following notes by the lord viscount St. Alban.

"The case of the judgment in parliament, upon a writ of error put by Just. Hu. *.

The case of no judgment entered into the court of augmentations, or survey of first fruits; which are dissolved, where there may be an entry after, out of a paper-book.

Mem. All the acts of my proceeding were after the royal assent to the subsidy."

QUESTIONS DEMANDED OF THE CHIEF JUSTICE OF THE KING'S BENCH BY HIS MAJESTY'S COMMANDMENT.

1. In the case of the isle of Ely, whether his lordship thinks that resolution there spoken of to be law; That a general taxation upon a town, to pay so much towards the repair of the sea-banks, is not warranted to be done by the commissioners of sewers; but that the same must be upon every particular person, according to the quantity of his land, and by number of acres and perches; and according to the portion of the profit, which every one hath there.

2. In Darcy's case, whether his lordship's judgment be as he reporteth it to be resolved; that the

* Hutton.

dispensation or licence of queen Elizabeth to Darcy to have the sole importation of cards, notwithstanding the statute, 3 E. 4, is against law.

3. In Godfrey's case, what he means by this passage, Some courts cannot imprison, fine, or amerce, as ecclesiastical courts before the ordinary archdeacon, etc. or other commissioners, and such like, which proceed according to the canon or civil law.

4. In Dr. Bonham's case, what he means by this passage, That in many cases the common law shall controul acts of parliament, and sometimes shall judge them to be merely void: For where an act of parliament is against common right and reason, the law shall controul it, and adjudge it void.

5. In Bagges's case, to explain himself where he saith, That to the court of King's Bench belongs authority, not only to correct errors in judicial proceedings, but other errors and misdemeanors extrajudicial, tending to the breach of peace, oppression of subjects, or to the raising of faction, controversies, debate, or to any manner of misgovernment. So no wrong or injury can be done, but, that this shall be reformed or punished by due course of law.

I received these questions the 17th of this instant October, being Thursday; and this 21st day of the same month I made these answers following:

THE HUMBLE AND DIRECT ANSWER TO THE QUESTIONS UPON THE case of THE ISLE OF ELY.

THE statute of the 23 H. VIII. cap. 5, prescribeth the commission of sewers to be according to the manner, form, tenure, and effec. hereafter ensuing, namely, to inquire by the oath of men, etc. who hath any lands or tenements, or common of pasture, or hath, or may have, any loss, etc. and all these persons to tax, distrain, and punish, etc. after the quantity of lands, tenements, and rents, by the number of acres and perches, after the rate of every person's portion or profit, or after the quantity of common of pasture, or common of fishing, or other commodity there, by such ways and means, and in such manner and form, as to you, or six of you, shall seem most convenient.

The commissioners of sewers within the isle of Ely did tax Fendrayton, Samsey, and other towns generally, namely, one intire sum upon the town of Fendrayton, another upon Samsey, etc. The lords of the council wrote to myself, the chief justice of the Common Pleas, and unto justice Daniel and justice Foster, to certify our opinions, whether such a general taxation were good in law. Another question was also referred to us, whereof no question is now made and as to this question we certified, and so I have reported as followeth, That the taxation ought to have these qualities, 1. It ought to be

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