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."
Also, in the same case, _John Blake_, "of council for the king," and
_Thomas Uske_, under sheriff of Middlesex, having been convicted of
treason,
"_The lords awarded, by assent of the king_, that they should both be
hanged and drawn as traitors, as open enemies to the king and
kingdom, and their heirs disinherited forever, and their lands and
tenements, goods and chattels, forfeited to the king."
Also, "_Simon Burleigh_, the king's chamberlain," being convicted of
treason, "_by joint consent of the king and the lords_, sentence was
pronounced against the said Simon Burleigh, that he should be drawn
from the town to Tyburn, and there be han
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