except that in modern times it has been the practice to appoint
commissioners instead of a steward to superintend this court. In 1397
John of Gaunt created a notable precedent in support of the steward's
claim to be supreme judge in parliament by presiding at the trial of the
earl of Arundel and others.
When Henry IV. came to the throne he appointed his young son Thomas,
afterwards duke of Clarence, to the office of steward. Clarence held the
office until his death. He himself never acted as judge in parliament;
but in 1415 he was appointed to preside at the judgment of peers
delivered in Southampton against Richard, earl of Cambridge, and Lord
Scrope of Masham, who had been previously tried by commissioners of oyer
and terminer. No permanent steward was ever again created; but a steward
was always appointed for coronations to perform the various ceremonial
services associated with the office, and, until the Court of Claims was
entrusted to commissioners, to preside over that court. Also, in the
15th century, it gradually became the custom to appoint a steward _pro
hac vice_ to preside at the trial, or at the proceedings upon the
attainder of a peer in parliament; and later, to preside over a court,
called the court of the lord high steward, for the trial of peers when
parliament was not sitting. To assist in establishing the latter court a
precedent of 1400 appears to have been deliberately forged. This
precedent is reported in the printed _Year-Book_ of 1400, first
published in 1553; it describes the trial of "the earl of H" for
participation in the rebellion of that year, and gives details of
procedure. John Holand, earl of Huntingdon, is undoubtedly the earl
indicated, but the evidence is conclusive that he was murdered in Essex
without any trial. The court of the lord high steward seems to have been
first definitely instituted in 1499 for the trial of Edward Plantagenet,
earl of Warwick; only two years earlier Lord Audley had been condemned
by the court of chivalry, a very different and unpopular tribunal. The
Warwick trial was most carefully schemed: the procedure, fundamentally
dissimilar to that adopted in 1415, follows exactly the forged
precedent; but the constitution of the court was plainly derived from
the Southampton case. The record of the trial was consigned to a new
repository (commonly but wrongly called the Baga de Secretis), which
thenceforth became the regular place of custody for important state
trials. Latterly, and possibly from its inception, this repository
consisted of a closet with three locks, of which the keys were
entrusted, one to the chief justice of England, another to the
attorney-general and the third to the master of the crown office, or
coroner. Notwithstanding the irregular origin of the steward's court,
for which Henry VII. must be held responsible, the validity of its
jurisdiction cannot be questioned. The Warwick proceedings were
confirmed by act of parliament, and ever since this court has been fully
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