"That in every Parliament, at the third day of every Parliament, the
king shall take in his hands the offices of all the ministers
aforesaid," (that is, "the chancellor, treasurer, barons, and
chancellor of the exchequer, the justices of the one bench and of the
other, justices assigned in the country, steward and chamberlain of
the king's house, keeper of the privy seal, treasurer of the
wardrobe, controllers, and they that be chief deputed to abide nigh
the king's son, Duke of Cornwall,") "and so they shall abide four or
five days; except the offices of justices of the one place or the
other, justices assigned, barons of exchequer; so always that they
and all other ministers be put to answer to every complaint; and if
default be found in any of the said ministers, by complaint or other
manner, and of that attainted in Parliament, he shall be punished by
judgment of the peers, and put out of his office, and another
convenient put in his place. And upon the same our said sovereign
lord the king shall do (cause) to be pronounced and made execution
without delay, _according to the judgment_ (_sentence_) of the said
peers in the Parliament."
Here is an admission that the peers were to fix the sentence, or
judgment, and the king promises to make execution "_according to_" that
sentence.
And this appears to be the law, under which peers of the realm and the
great officers of the crown were tried and sentenced, for four hundred
years after its passage, and, for aught I know, until this day.
The first case given in Hargrave's collection of English State Trials,
is that of _Alexander Nevil_, Archbishop of York, _Robert Vere_, Duke
of Ireland, _Michael de la Pole_, Earl of Suffolk, and _Robert
Tresilian_, Lord Chief Justice of England, with several others,
convicted of treason, before "the Lords of Parliament," in 1388. The
sentences in these cases were adjudged by the "Lords of Parliament," in
the following terms, as they are reported.
"Wherefore the said _Lords of Parliament_, there present, as judges
in Parliament, in this case, _by assent of the king, pronounced their
sentence_, and did adjudge the said archbishop, duke, and earl, with
Robert Tresilian, so appealed, as aforesaid, to be guilty, and
convicted of treason, and to be drawn and hanged, as traitors and
enemies to the king and kingdom; and that their heirs should be
disinherited forever, and their lands and tenements, goods and
chattels, forfeited to the king, and that the temporalities of the
Archbishop of York should be taken into the king's hands."
Also, in the same case, Sir _John Holt_, Sir _William Burgh_, Sir
_John Cary_, Sir _Roger Fulthorpe_, and _John Locton_, "_were by the
lords temporal, by the assent of the king_, adjudged to be drawn and
hanged, as traitors, their heirs disinherited, and their lands and
tenements, goods and chattels, to be forfeited to the king."
Public-domain text, read in full here on John Shaqi.
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