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March 13.
York. |
67. Thomas Earl of Sussex to Sir Wm. Cecil. Thanks for your
news. Knowing the great affairs which depend on you, I do not
desire your often trouble in writing, but take your letters as a
special favour. Acknowledgment of obligations. I have received
a letter from Council in answer to mine to you for armour, and
one with writs and proclamations to search for vagabonds, which
I will dispatch and fulfil with speed. |
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I meant to write you on a Sunday, which I expected to be a
leisure day, but I find it as much troubled with arbitrations and
judicial causes as other days. The assizes begin to-morrow, and
with the gaol delivery, will occupy next week. All is well here.
[2 pages.] |
March 16.
Westminster. |
68. The Queen to Lord Keeper Bacon. The jurisdiction and
authority of the county palatine of Chester having been lately impeached, we commanded our chief justice of common pleas, Sir
Jas. Dzer, and justices Rich. Weston, Rich. Harper, and Thos.
Carus, to hear and report on the case. They have heard the controversy between the President and Council in Wales and the
Chamberlain of Chester, upon the case of Thomas Radford, and we
sent you their writing presented to us 10 Feb. last, which is to
be enrolled in Chancery, to remain on record, for the benefit of the
county palatine, as follows:— |
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Opinion of the said judges that the county of Chester has been
a county of itself before the reign of Henry III., and should have
its rights maintained. That the head officer, the Chamberlain, has
had all Chancery jurisdiction therein; and that there is a justice of
Chester for all pleas; also that all suits for lands, tenements,
contracts, &c. within the county are to be pleaded there, and any
pleaded out of it are void, except in case of error, or foreign plea
or voucher. That no inhabitant should be summoned to plead out
of the county, except in case of treason or error; and that the
Queen's writ should not be allowed in the county, unless under the
county seal, except writs of proclamation. |
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Also that the Court of Exchequer there is as old as the Chancery Court; and that there is a conservator thereof, with the same
powers as the Chancellor of the Duchy of Lancaster. |
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Also that the Vice-Chamberlain lawfully committed Thos. Radford
to prison for refusing to put in sureties on an affidavit in the said
Exchequer; and that the proceedings of the Council of the Marches
[of Wales] touching Radford's enlargement, and their dealing against
the Vice-Chamberlain, were unauthorised and contrary to the liberties of the county. Also, that the ordinance of Wales of 34 & 35
Henry VIII., establishing the authority of the Lord President and
Council of Wales, does not comprehend the county and city of
Chester. |
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Also, that for enjoyment of their liberties, the inhabitants pay 3,000
marks at every change of the earldom of Chester, and those of Flint,
parcel of the county palatine, 2,000. [9 sheets, copy authenticated
by Rich. Cartwright.] |
March 26.
York. |
69. Thomas Earl of Sussex to Sir Wm. Cecil. By letters from
me and the Council to Her Majesty, you will perceive what has
passed here this sitting, which began 28 Feb. and ended 25 March.
We have ended all the old published causes depending here, as also
a number of new ones,—275 in all. |
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By the number of old causes dismissed, you may see how matters
have lingered in this Court, for gain of the ministers, which might
have long since been dismissed; and by the number of the dismissions of the new causes upon the first hearing, you may see what is
meant to be done therein from henceforth; the like you may also
perceive by the remittables to other Courts. By the matters committed by consent to arbitrament, you may see how willing the
people be to end their causes at home, without chargeable following
of their suits here, when advised and furthered therein. |
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I have no cause to mislike any of Her Majesty's Council here, but
must recommend the great care and upright dealing of Sir Thos.
Gargrave, and Mr. Meeres; in all causes in the Court, they proceed
learnedly to the matter, without respect of the person. |
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Lord and Lady Herbert are now here, and as he will tarry but
awhile, I have sent for my Lords of Northumberland and Westmoreland to meet us on Monday at Sir Nich. Fairfax's house, and
so, with horse-races, hunting and hawking, to make his Lordship the
best cheer we can, for the short time he tarries in the country. |
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I am glad to hear from the Borders that the Scottish causes go so
well on the Regent's side. [¾ page.] Enclosing, |
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69. I. Note of 149 old and 126 new causes which have been
adjudicated upon at York; total, 275: also of prisoners
tried at oyer and terminer, 5 executed and 1 reprieved,
8 acquitted by verdict, and 14 by proclamation. [1 page.]
25 March 1569. |
March 27.
York. |
70. President and Council of York to the Queen. According to
your instructions, we have had one Court here, and done considerable service; and with the assistance of the justices, have kept
one session of oyer and terminer, whereat six prisoners were
convicted,—five for felony and one for murder,— who were all
executed, save a woman with child. We afterwards admonished all
the justices of peace to execute certain particular matters lately
commanded by you, and their duties generally, as we meant to be
diligent overlookers, to know who performed their duties, or were
guilty of negligence or wilfulness, that we might advertise you.
We have also inquired of disorders, but do not find any; we left
the Border matters to the Wardens there. [1 page.] Enclosing, |
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70. I. List of causes tried at York. Similar to No. 64. I. supra.
[1 page.] |
