coke b the record OF mark steward case vouch in sir george REYNELS case term  Pas Elizabeth in b r rot inter placita queen be it remember that Thomas  Bromley Knt chancellor of the lady the now queen on Monday next after the  morrow of the lord ascension in this same term before the lady the queen at  Westminster by his own proper hand deliver here into court a certain record  have before the say lady the queen in her chancery at Westminster in these  word plea before the lady the queen at Westminster in the term of easter in  the saint year of the reign of Elizabeth by the grace of God queen of England  France and Ireland defender of the faith c Middlesex it be manifest to we that  the Lord Philip and the lady mary the most dear sister of the lady the now  queen late king and queen of England do for they and the heir and successor of  the say queen mary by the letter patent of they the say late king Philip and  queen mary make pass under their great seal of England hear date at  Westminster the d day of September in the d and that year of the say late king  Philip and queen mary give and grant to one mark steward gentleman the office  of sergeant at arm of they the say late king Philip and queen mary to be  attend upon their chancellor of England for the time be and he the say mark  their sergeant at arm do ordain and constitute by the same letter patent to  have and b sand side Inst Mod Rep c roll Cr Elizabeth more a   light a Ant a a  b sand side Inst Mod Rep Lucas coke report a er p enjoy the say office to the  say mark for the term of his life and that they the say late king Philip and  queen mary for they and the heir and successor of the say queen mary do by the  same letter patent give and grant to the say mark for the exercise and occupy  of the aforesaid office the wage and fee of twelve penny a day to have enjoy  and receive coke a yearly the say wage and fee of twelve penny a day to the  say mark for the term of his life out of the issue and profit of the hanaper  of they the late king Philip and queen mary by the hand of the clerk or keeper  of the aforesaid hanaper for the time be yearly to be pay as that the say  letter patent among other thing it more full and plain appear and also whereas  it be find by a certain inquisition indent take at Westminster in the county  of Middlesex on the that day of June in the that year of the reign of the say  lady the now queen before Ralph hurlestone Esq John Nuthall Esq Francis Foliat  Esq and John Statham gentleman by virtue of a commission of the say lady the  now queen to they and to one John goodman direct by the oath of c that the say  mark do not serve in the aforesaid office of sergeant at arm accord to the  effect and tenor of the aforesaid letter patent make to he from the that day  of October in the that year of the reign of the say lady the now queen unto  the first day of February then last pass before the caption take of the  inquisition aforesaid but for that whole time absent himself from the same  office as by the say inquisition return in the court of chancery of the say  lady the queen as in the file of record there remain it appear and now at this  day that be to say the that day of may in the saint year of the reign of the  say lady the now queen come the aforesaid m steward into the chancery of the  say lady the now queen at Westminster by Edward Cordel his attorney and  complain that by reason and colour of the inquisition aforesaid himself to be  unjust remove from the exercise and hold of his say office aforesaid because  by protestation that the say inquisition be not sufficient in law to remove he  the say mark from the exercise of his office aforesaid for the show of his  right in this behalf the say mark say that the say lady the now queen long  after the make of the say letter patent that be to say the last day of  November in the that year of her reign at Westminster in the county of  Middlesex give licence to the say mark to absent himself from the exercise his  office during the pleasure of he the say mark until he be command by her the  say lady the now queen to serve in his office aforesaid by virtue of which  licence of the say lady the queen to the aforesaid mark make as afore be say  the say mark by the whole time of his absence specify in the inquisition  aforesaid absent himself from the exercise of his say office aforesaid and  further the say mark for further show of his right faith that he now be and  always from the aforesaid time of remove he from the exercise of his office  aforesaid be ready and often time offer himself to serve in his office  aforesaid and coke b that as yet from the time of the licence of the say lady  the queen of absent himself to the say mark give the say lady the now queen  have not command he to serve in his office aforesaid without that that the say  lady the now queen have any other right or title in or to the office aforesaid  than as before above be allege and without that that there be any such record  beside the record of the inquisition aforesaid which make or show or can make  or set forth any title of the say lady the now queen in or to the office  aforesaid all and singular which the say mark be ready to aver as the court  here shall award and therefore be demand judgement and that to the possession  and exercise of his office aforesaid together with the wage and fee aforesaid  and to the issue and profit to the say office due and belong from the time of  his remove from the say exercise of his office aforesaid he be restore c and  Gilbert Gerrard Esq attorneygeneral of the lady the now queen who prosecute  for the say lady the queen in this behalf say that by any thing by the say m  steward above in plead allege the say lady the queen of her right and title in  or to the office aforesaid ought not to be bar because he say that the say  lady the queen do not give licence to the say mark to absent himself from the  exercise of his office aforesaid during the pleasure of he the say mark until  he be command by the say lady the queen to serve in his say office aforesaid  in manner and form as the aforesaid mark in his show of his right to the  office aforesaid above have allege and this the say attorney of the say lady  the now queen for the say lady the coke report a er p queen pray it may be  inquire of by the country and the aforesaid mark likewise therefore day be  give before the say lady the now queen in the morrow of the ascension of our  Lord wheresoever she shall be in England to do and receive what be just in the  premise and it be command to the sheriff of Middlesex that he cause to be here  before the lady the queen at that day twelve good and lawful man of the  vicinage of the city of Westminster who be not of kindred or affinity of the  say mark to recognize upon their oath more f lily the truth of the premise at  which morrow of the ascension of our Lord before the lady the queen at  Westminster come as well the aforesaid Gilbert Gerrard who prosecute c as the  aforesaid mark steward by John man his attorney and the sheriff return the  name of twelve whereof none c therefore it be command to the sheriff that he  do not omit c but that he distrain they by all their land c and that of the  issue c and that he have their body before the lady the queen in eight day of  the holy Trinity wheresoever c to recognize in form aforesaid c and the same  day be give as well to the aforesaid Gilbert Gerrard who prosecute c as to the  aforesaid mark steward c at which eight day of the holy Trinity before the  lady the queen at coke a Westminster come as well the aforesaid Gilbert  Gerrard who prosecute c as the aforesaid mark by his attorney aforesaid and  the juror of the jury aforesaid be call likewise come and upon this public  proclamation be make for the lady he queen as the use be that if there be any  one who will inform the justice of the lady the queen here the sergeant at law  of the lady the queen or the attorneygeneral of the lady the queen or the  juror aforesaid of the premise that he come and shall be hear and Edward  Anderson one of the sergeant of the lady the queen at law to do this offer  himself by which it be proceed to the take of the jury aforesaid by the juror  aforesaid now there appear who to say the truth of the premise be choose try  and swear say upon their oath that the Lord Philip and the lady mary late king  and queen of England by their letter patent under the great seal of England  make hear date at Westminster the d day of September in the d and that year of  the reign of the say late king and queen give and grant to the say mark the  office of sergeant at arm attend upon their chancellor of England for the time  be and he the say mark their sergeant at arm aforesaid make ordain and  constitute by the say letter patent for the term of his life to have and enjoy  the say office to he the say mark for the term of his life and moreover the  say late king and queen give and grant by the letter patent aforesaid for they  and the heir and successor of the aid queen for the exercise and hold of the  office aforesaid the wage and fee of twelve penny per diem to have hold and  perceive yearly the say wage and fee of twelve penny a day to the say mark for  the term of his life of the issue and profit of their hanaper of their  chancery by the hand of the clerk or keeper of the say their hanaper and the  heir of the aforesaid late queen for the time be at the Feast of saint Michael  the Archangel and easter by equal portion yearly to be pay together with all  other profit commodity emolument allowance and advantage to the say office any  way ancient belong due and accustom and the say mark steward bring here into  court the letter patent aforesaid which follow in these word Philip amid mary  by the grace of God king and queen of England Spain France both Cicilies  Jerusalem and Ireland defender of the faith archduke of Austria duke of  Burgundy milain and Brabant earl of Haspurge Flanders and Tirroll c to all to  who these present letter shall come greeting whereas our most dear brother  Edward late king of England the six by his letter patent make under the great  seal of England hear coke b date at Greenwich the that day of April in the  that year of his reign of his special grace certain knowledge and mere motion  as also with the advice and consent of his council have give and grant to his  wellbeloved Richard Hatchman gentleman the office of his sergeant at arm  attendant upon his chancellor of England for the time be and have make ordain  and constitute by his say letter patent he the say Richard his sergeant at arm  for the term of his life and moreover by his say letter patent have give and  grant to the aforesaid Richard Hatchman for the exercise and hold the office  aforesaid the wage and fee of twelvepence by the day to have bold and receive  yearly the say wage and fee of twelvepence by the day for the term of his life  from the time of the death of his sergeant at arm which coke report a er p  shall next die of the issue and profit of the hanaper of the chancery either  by the hand of the clerk or keeper of the say his hanaper for the time be at  the feast of saint Michael the Archangel and easter by equal portion yearly to  be pay with all other profit commodity emolument allowance and advantage to  the say office any way ancient due and accustom as by the same letter patent  more full appear and because the say Richard Hatchman be now Willing to  deliver up the aforesaid letter patent into our chancery to he cancel which  letter patent there now be cancel as we have certain knowledge to the intent  that we will be gracious please to grant to our well belove mark steward  gentleman other letter patent of the premise we therefore take consideration  of the premise of our special grace certain knowledge and mere motion have  give and grant and by these present for we and the heir and successor of the  say lady the queen do give and grant to the say mark steward the aforesaid  office of our sergeant at arm attendant upon our chancellor of England for the  time be and he the say mark our sergeant at arm do make ordain and constitute  by these present to have and enjoy the say office to the say mark steward for  the term of his life and moreover we have give and grant and by these present  for we and the heir and successor of the say lady the queen we do give and  grant to the aforesaid mark steward for the exercise and hold the office  aforesaid the wage and fee of twelvepence by the day to have enjoy and  perceive yearly the say wage and fee of twelvepence by the day to the  aforesaid mark for the term of his life of the issue and profit of our hanaper  of our chancery by the hand of the clerk or keeper of the say our hanaper and  the heir of our say lady the queen for the time be at the Feast of saint  Michael the Archangel and easter by equal portion yearly to be pay together  with all other profit commodity emolument allowance and advantage to the say  office any way ancient coke a due and accustom c although the certain express  mention of the premise or any of they or of other gift or grant by we or by  any of our progenitor to the aforesaid mark steward before this time make in  the premise there be not make any statute act ordinance provision or any other  thing cause or matter whatsoever in anything notwithstanding in witness  whereof these our letter we have cause to be make patent witness ourselves at  Westminster the d day of September in the d and that year of our reign by  colour of which letter patent the say mark steward well and true to execute  the say office be swear and further the say juror say that the last day of  November in the that year of the reign of the lady the now queen the say lady  the queen at the humble petition and request of the right honourable Lord the  earl of Leicester and Robert Huyck doctor of physic grant that the say mark  steward may absent himself from the exercise of his office of sergeant at arm  attendant in his proper person upon her chancellor of England for the I time  be during the good pleasure of the say mark until the say lady the queen shall  command he to serve in his office aforesaid as by the deposition of the say  Robert Huyck and by a certain letter under the proper handwriting of the say  earl of Leicester which we find to be true in these English word follow here  in the court to the juror aforesaid in evidence give and show it more full  appear the deposition of which Robert Huyck follow in these word that be to  say I be a humble suitor unto her gracious majesty about ten year pass that  she will licence mark steward sergeant at arm attendant upon the then Lord  keeper to give off his attendance in his own person to the end be may withdraw  himself into the country to play the good husband at home in his own house so  long only as she shall permit he and not revoke he to his former attendance  and the office shall be serve otherwise to her majesty contentation and the  Lord keeper well like the which my suit she do very gracious grant I and after  that u on my Lord keeper praise Augustine steward I commend he to the queen as  one very fit to discharge his brother absence with his attendance coke b I do  sue to my Lord of Leicester and diverse other of the lord to speak in my  behalf for the furtherance of the suit so in the end the queen say I do like  well and be right well content that mark steward do cease from his wait till  we shall resolve otherwise and if his brother be find fit he shall serve in  his place during the time of his absence queen indeed a light ra a godb roll  hob coke report a er p manu prow Self Com Leic subscript sequitur in hc word  to my very good lord the Lord chancellor and the Lord chief justice of England  and to either of they sacred scripture after my most hearty commendation to  your lordship this hearer mark steward have earnest beseech I to advertise  your lordship of my knowledge touch her majesty leave for the say steward not  attendance in his office of sergeantship wherein this be very true that about  Michaelmas as I take it in the ten year of her majesty reign the court be then  at Windsor mark steward both by himself and his friend for that he have a  desire to remain in the country earnest travel with I to be his mean for the  obtain of her Majestys good licence and favour that without any prejudice for  not attend he may at his pleasure so do and for the supply of his place which  he have to serve about the late Lord keeper of the great seal as sergeant at  arm he acquaint I with the good like and contentation my say Lord keeper have  to have a brother of his to attend in his place to which also I give my best  furtherance afterward whereby her majesty please both to grant her favourable  licence to mark steward for his absence and to allow his brother to supply his  place who be accord swear therein and many year serve the place thus much be  on my own knowledge to be true at his humble and earnest suit I think good to  advertise your lordship and so do bid your lordship farewell from the court  the saint of may your lordship love friend r Leic and the juror further say  that the aforesaid Augustine steward brother of he the say mark the that day  of January in the that year abovesaid at Hampton court in the county of  Middlesex by the say lady the queen be admit ordain and constitute to attend  in the place and room of he the say mark his brother upon Nicholas Bacon  knight then be Lord keeper of the great seal of England and to the say office  for and in the place and room of he the say mark well and faithful to exercise  coke a and execute then and there in the presence of the say lady the queen be  swear as by the deposition of the say Augustine steward which follow in these  word we find to be true after Christmas and before Hilary term in the eleven  year of her highness reign on a Sunday or holiday her majesty come from the  closet at Hampton court be move by the right honourable the decease earl of  Pembroke for the institute of Augustine steward sergeant at arm to attend upon  the Lord keeper to who in her majesty answer my Lord he be not to have his  brother office but be to be appoint only to attend in his place for he at such  time as his brother shall be absent her majesty make then relation of her  favourable licence already grant to mark steward to abide in the country and  to absent himself from her service at his pleasure until he shall by her  majesty be call again to his attendance upon the say Lord keeper and then the  say Augustine be swear to attend as be above specify by colour of which the  say Augustine steward in the absence of he the say mark steward his brother  the aforesaid office of sergeant at arm attendant upon the chancellor of  England from thence until the that day of June in the eighteenth year of the  reign of the say lady the now queen use and execute but whether the say lady  the queen by word only without write seal can give sufficient licence in law  to the say mark steward to absent himself from exercise his office aforesaid  the juror aforesaid be utter ignorant and thereof pray the aid and advice of  the court here in the premise and if upon the whole matter aforesaid it shall  seem to the court of the lady the queen here that the say lady the now queen  can by word only without her write seal give sufficient licence in law to the  say mark to absent himself from the exercise of his office aforesaid then the  say juror say that the say lady the now queen give licence to the say mark  steward to absent himself from the exercise of his office aforesaid during the  pleasure of he the say mark until he shall be command by the say lady the  queen to serve in his office aforesaid in manner and form as the say mark  above in plead have allege and if upon the whole matter aforesaid it shall  seem to the court of the lady the queen here that the say lady the queen can  by word only without her write seal give sufficient licence in law to the say  mark to absent himself from the exercise of his office aforesaid then the  juror aforesaid say that the say lady the queen do not give licence to the say  mark to absent himself from the exercise of his office aforesaid during the  pleasure of he coke report b er p the say mark until he shall be command by  the say lady the queen to serve in his office aforesaid and because the court  of the lady the queen here of give coke b their judgement thereof be not yet  advice c therefore day thereof be give as well to the aforesaid Gilbert  Gerrard who prosecute c as to the aforesaid mark steward until in eight day of  saint Michael before the lady the queen wheresoever c in state as now c to  hear their judgement thereof c at which fifteen day from saint Michael before  the lady the queen at Westminster come as well the aforesaid Gilbert Gerrard  who prosecute c as the aforesaid mark by his attorney aforesaid and because  the court of the lady the queen here of give their judgement thereof be not  yet advice c therefore further day thereof be give as well to the aforesaid  Gilbert Gerrard who prosecute c as to the aforesaid mark steward until from  the day of saint Martin in fifteen day before the lady the queen wheresoever c  in state as now c to hear their judgement thereof c at which fifteen day from  saint Martin before the lady the queen at Westminster come as well the  aforesaid Gilbert Gerrard who prosecute c as the say mark steward by his  attorney aforesaid upon which all and singular the premise be see and full  understand by the court here and mature deliberation be have thereof the queen  sergeant at law and the attorneygeneral of the say queen be call to it and  present it be award that the say office of sergeant at arm retain in the hand  of the say lady the queen be restore to the say mark and that the say mark  steward to the exercise and hold of his office aforesaid from which he be  amoved together with the wage and fee thereof to the say office due and belong  from the time of his amoving from the exercise of his office aforesaid  hitherto receive and withhold be restore c save the right of the queen if any  c