Anno Vicesimo octavo Edwardi Tertii. The Parliament holden at Westminster the Monday after Saint Mark the Evangelist in the 28. year of Edward the Third.
[ 1] THe Monday after Sir William Shareshal Chief Justice to the King in the Chamber de Pinct made open Proclamation before the King,* Lords and Commons, that the Parliament was called for three causes, First, for the establishing of the Staple within the Realm,* and confirma∣tion of the Ordinances made at the last great Councel.
[ 2] The second how they might treat a peace with the French,* for that by War he saw his Subjects greatly wasted.*
[ 3] The third, for receiving of petitions,* and redress of enormities, all which without Parliament could not be ended.*
Receivers of Petitions for England.
[ 4] Receivers of Petitions for Gascoyne,* Ireland, Wales, and other forain Isles and places.
[ 5] Tryers of petitions for Gascoyn, &c. as above.
[ 6] Tryers of petitions for England, as above.
[ 7] Roger of Wigmore, Cousin and Heir of Roger of Mortimer late Earl of March, requireth by his petition the attainture of the said Earl, made in the 4 Edw. 3. tit 1. may be examined, and for manifest errors be re∣versed,* whereupon the Record was brought before Edward Prince of Wales, Lords and Commons.*
All the Articles,* circumstances and Judgments of the same Earl, had in the 4. E. 3. tit. 1. and which there cannot be read, are contained at large.
[ 9] The same Objections laid against the said Earl are to be engraven in the hearts of all Councellors about a Prince. For this Earl being condemned of certain points,* wherefore he deserved commenda∣tions for others altogether untrue surmises, as the half blind may see, and for other some being true, yet of no moment, may teach Councellors to see themselves, and thereby know that their well-doing not being well taken doth purchase death, where the Princes wrath supplieth equity.
The Lords and Judges of the Parliament,* by the authority of the King for the objections laid against the said Earl, adjudged him to be drawn, and hanged, which was there done with post speed.
[ 11] This Bill requireth, that the Judgment aforesaid might be revoked,* for errors in all points of the same, viz. for as much as the said Earl was put to death without any accusation, or being brought to Judgment or Answer.
[ 12] The same Judgment is revoked, and the same Roger restored to the blood,* and to all the Hereditaments of the said Earl.
Page 86The Judgment of the Lords made in 4 E. 3. tit. 1. was so strange as they having Conscientias mille testes, knew themselves so gauled thereby, as in sundry Parliaments after they sought by all means to have an Act, that no Peer should be put to death but by open answer by his Peers in full Parliament,* but long they laboured in vain, but at last they obtained, as before it doth appear.
[ 13] *Richard Earl of Arundel by petition sheweth, How at the Parlia∣ment holden at Candlemas in the 1 E. 3. nothing was done touching the attainder of Edmond the Earl of Arundel his Father, albeit he was thereupon put to death, he prayeth now that he may be taken as Heir to his Father.
[ 14] The Record and Act aforesaid fully agreeth with the recital of the said Earl.
[ 15] *Upon the view of which Record, the said Richard alleadgeth, that therein is nothing contained wherefore the said Earl should be put to death without Judgment, or due process of Law: after which the whole Estates adjudged the said Earl unjustly put to death, they undo the said process, and restore the said Earl to all benefits of the Law.
[ 16] It is enacted by common assent, that all the Ordinances made in the last great Councel assembled at Westminster touching the Staple be con∣firmed to continue for ever.*
Petitions of the Commons with their Answers.
[ 17] It is enacted, that the Justices of the peace shall be of the best in e∣very County,* that upon the displacing of any of them, others be placed at the nomination of the Knights of the same County; that they sit four times at the least every year; that none be displaced without the Kings special commandment or testimony of their fellows.
[ 18] *That the surplusage of the Fines of the Statute of Labourers may be entirely distributed amongst the poor of the whole County, and not to poor Towns only.
*It shall be parted among the poor Towns only.
[ 19] *That the Writ of Estreat may lie in every action, where the party shall recover damages of Estreats after the Writ purchased.
*The old Law shall be continued.
[ 20] *The Print touching the shew of Woolls, cap. 14. agreeth with the Record.
[ 21] *That remedy may be had in such cases where the King receiveth the profits of the Wards Lands, as well of Socage, as otherwise, where no part of the same is holden of him.
*The Law heretofore used shall continue.
[ 22] *The print that none be out-lawed without due process of Law, cap. 3. agreeth with the Record.
[ 23] That it may be ordered, whether the Tenants of such as hold by Ba∣rony and are summoned to the Parliament, shall contribute to the Pay∣ment of Knights Fees coming to the Parliament.*
*As heretofore, so the same shall be.
Page 87[ 24] The present pay be made of all Purveyances being under twenty shillings,* and of greater within one quarter of a year, and that Purvey∣ance be made without malice; the print cap. 1, & 12. agreeth with it.
It is good to make payment accordingly to the first point,* and to re∣dress the second.
[ 25] That all Sheriffs be charged to make present payment for all purvey∣ances for Callice.*
The demand is reasonable.*
[ 26] The print touching errors,* and misprisions, in the City of London, cap. 10. agreeth with the Record.
[ 27] That any one of many attainted upon a Writ of Oyer and Terminer, * may bring his attaint, hanging his suit against the other.
The Lords will not alter the order of the Law.
The print touching the confirmation of all Statutes not repealed,* * cap. 1. agreeth with the record.
[ 28] That the Lords Marchers of Wales do suffer no distresses to be made on any English man coming into Wales for any other mans debts,* if he be no debtor, trespassor, or Surety.
[ 29] As heretofore the Law shall be.*
That no Inquest upon Conspiracy,* * Confederacy, Maintenance, or [ 30] such like, be returned but by the Sheriff, of the most lawful men, and nighest in that part of the Country where such acts are laid; that all evidences therein be given openly at the Bar,* and that no man speak with the Jury after they depart therefrom. It is enacted.
[ 31] The print how the Escheators shall answer the profits of the Lands of the Kings Tenants,* cap. 4. agreeth with the Record.
[ 32] The print that no iron be carried out of the Realm,* cap. 5. agreeth with the Record.
[ 33] That the King will appoint a time when the Coyn shall be made finer. *
With opportunity the King meaneth the same.*
[ 34] It is Enacted, that no Purveyor,* being arrested for any misdemeanor, shall have any privy Seal to cause such as arrested him to come before the Councel to answer the King, but have his remedy at the Common Law.
[ 35] That the King have the forfeitures of his Widows Dowagers,* but not of such as hold joyntly with their Husbands.
The old Law shall stand.*
[ 36] That the Writ of Appeal brought hanging another,* may abate the other.
The Common Law therein used shall continue.*
[ 37] That Weights and Measures may henceforth be made in the Town of London,* so as all Counties do accordingly conform themselves.
[ 38] There is an Estander in the Treasury where every man readily may have the same.
[ 39] The print for the election of the Coroners,* agreeth with the Record.
That the Writs of the Chancery may be at reasonable prices,* and that the Clerks of the Crown, and others for Commissions,* and such like, do content themselves with the Kings allowance.
Page 88*As heretofore the same shall be.
[ 40] *That Fines for Writs may be reasonably made in every of the Kings Courts.
*The Chancellor shall do as heretofore.*
[ 41] The print for the continuance of the Sheriffs,* cap. 7. agreeth with the Record.
[ 42] The Commons beyond Trent require, that the Justices of the one Bench,* or the other, may yearly come twice amongst them, for tak∣ing cognizance of fines,* and Letters of Attorney of the unable.
The King will be advised.
[ 43] * The Print touching Attaint given,* not having respect to the quanti∣ty of damages, cap. 8. agreeth with the Record.
[ 44] That Laborers may take corn for their wages.*
*The Statute made shall be observed.
[ 45] That the Staple may always continue in England.*
The same shall so continue until the next Parliament,* and not to be altered without the assent of the Parliament.*
[ 46] The Print touching sundry Ordinances of the Staple,* cap. 30. a∣greeth with the Record.
[ 47, 48, 49, 50.] The Print touching the Bounds of the Staple, cap. 15. agreeth with the Record.
[ 51] *The Print touching Sheriffs, using to take Inquests for the indicting of any, cap. 9. agreeth with the Record.
[ 52] *That Merchants strangers require that the Ordinances of the Staple may be speedily executed.
*The King willeth the same.
[ 53, 54, 55,] It is enacted, that that the Statute made that all Merchants coming into this Realm with their Merchandizes,* might sell the same to any per∣son whatsoever, and of the same to make exchange, or to buy Wares, paying the Customs therefore, is confirmed to continue.
[ 56] *That the Customers do dispatch all such Merchants coming in with their Wares; and that those Merchants for prices of their Wares may be credited upon their Letters and Oathes.
[ 57] *It is enacted, that some of the Kings Councel may be appointed to be Governor to such Merchant strangers.
*The Chancellor or Treasurer shall supply the same, when he may at∣tend; if not, some learned Justices shall be appointed therefore.
[ 58] After all this, Sir Bartholmew Burgherst, the Kings Chamberlain declared to the whole House,* that there was a Treaty of Peace between the King and the French, and a good hope of a final concord; where∣fore he demanded of the Commons whether they would agree;* all of them wholly therein submitted themselves to the order of the King,* and of his Nobles: whereupon Sir Mich. of Northumberland, Keeper of the Kings privy Seal commanded sir Iohn of Swinley the Notary Papal, to make thereof publick Instrument.
