An exact abridgement of the records in the Tower of London from the reign of King Edward the Second, unto King Richard the Third, of all the Parliaments holden in each Kings reign, and the several acts in every Parliament : together with the names and titles of all the dukes, marquesses, earls, viscounts, and barons, summoned to every of the said Parliaments / collected by Sir Robert Cotton ... ; revised, rectified in sundry mistakes, and supplied with a preface, marginal notes, several ommissions, and exact tables ... by William Prynne ...

Anno decimo Septimo Edwardi Tertii. Rex,* 1.1 &c. Henrico Com. Lanc. &c. apud Westm. die Lunae post Quindena Paschae: Teste Rege apud Westm. 24. die Februarii.

Similes literae subscript.

• IOhanni de Warrena Com. Surr.
• Hugoni de Courtney Com. De∣von.
• Willielm. de Bohun Com. North∣ampton.
• Willielmo de Clinton Com. Hunt.
• Hugoni de Audeley Com. Glouc.
• Gilberto de Umfravil Com. de Angos.
• Laur. de Hastings Com. Pembrok.
• Henry de Lanc. Com. Darby.
• Thom. de Bello campo Com. War.
• Willielmo de Monteacuto Com. Sarum.
• Johanni de Vere Com. Oxon.
• Roberto de Ufford Comiti. Suff.
• Nicolo de Cantilupo.
• Rado. de Staff.
• Johanni de Seagrave.
• Johanni Fitzwater.
• Thom. de Berkley.
• Anthony de Lucye.
• Reginaldo de Grey.
• Rogero de Grey.
• ...

• Hugoni de Ponitz.
• Rogero de Chandos.
• Johanni de Nevil.
• Johanni de Harrington.
• Jacobo dn Audley.
• Johanni de Strange.
• Hugoni le Despencer.
• Petro de Malolacu quint.
• Rad. de Nevil.
• Ric. de Talbot.
• Johan. de Willoughby.
• Johan. de Charleton sen.
• Ade de Velle.
• Willielmo de Finecourt.
• Willielmo de Perdeston.
• Johan. de Sutton de Holdernes.
• Johan. de Fawconbridge.
• Roberto de Morley.
• Johan. de Labourn.
• Henrico de Hussey.
• Johan. de Grey de Rotherfield.
• Johan. filio Richardo de Grey de Codenore.
• Johan. de Tibetot.
• Roberto Fitzpain.
• Henrico de Percie.
• Tho. Wake de Ridehall.
• Johan. de Mowbray.
• Henrico Fitzhugh.
• Willielmo la Zouch de Harring∣worth.
• Johanni Bardolfe:
• Johanni de Bello campo de So∣merset.
• Willielmo de Clinton Com. Hun∣tington, Custod. Quinq. Port.

Anno Decimo septimo Edwardi Tertii. [unspec 1] The Parliament holden at Westminster, in the Quindena of Easter, in the Seventeenth year of King Edward the Third.

[unspec 2] * 1.2FIrst it is agreed, that Sir Thomas of Drayton shall be Clerk of the Parliament.

* 1.3The Monday after, the King came into Saint Edwards Chamber,* 1.4 commonly called the Chamber de Pinct, accompanied with sundry Bishops and Lords there named: And for that sundry of the Lords and Commons were not come, the cause of the Parliament was not then disclosed, but deferred untill the next day.

[unspec 3] The same Tuesday the King came as before; where it was agreed, that Proclamation should be made as in the last Parliament,* 1.5 for forbearing to wear Armor or weapons in London or Westminster, during &c.

[unspec 4] * 1.6Another Proclamation for such as would exhibit any Petition, and a day given therefore.

[unspec 5] Certain appointed to receive the Petitions for England, Ireland, Scotland, Gascoin, Wales, and the Foreign Isles.

[unspec 6] Certain appointed Tryers of the same.

The Wednesday being the last of April, the Chancellor in the pre∣sence of the King and Lords,* 1.7 declareth the cause of the Parliament,* 1.8 as followeth.

[unspec 7] First, The same was concerning the Truce in Britain between the King and his Adversary of France.* 1.9

Secondly, Touching the Estate of the King, and for good govern∣ance:* 1.10 And for that Sir Barthol. de Burghurst was with the King at the said Truce taking,* 1.11 the Chancellor willed him to declare the same.

[unspec 8] Sir Bartholmew began to recount the Kings passages over, with the whole exploits atchieved by the King in recovery of a great part of Britain,* 1.12 even to the City and gates of Vanes, against which he laid siege; and to which place the Pope sent to him two Cardinals in most earnest wise to entreat a Peace,* 1.13 or at least a Truce. And how the King made answer; So that the same might be to him honorable, and profitable for his Allies, he was contented to have the same taken before the Pope as before a friend, and no Judge;* 1.14 otherwise he would persue his quarrel.

[unspec 9] Wherefore he shewed, That as the King attempted not this War without their assent,* 1.15 so without the same he would conclude no Peace. Where it rested to hear their advices,* 1.16 whether it were best for the King to take his offer, and to send certain Ambassadors to Rome instructed for this title,* 1.17 or no?

The first day of May, the Lords by themselves,* 1.18 and the Commons likewise made answer, That it was good to persue the Peace,* 1.19 and to send Ambassadors to Rome as before.

[unspec 10] The Friday after, the Chancellor by the Kings commandment re∣quired the Lords and Commons to provide against the manifold op∣pressions whereof he heard,* 1.20 so as Justice might be executed to every Subject.

[unspec 11] On Saturday after, the Commons made answer thereto,* 1.21 That the best was, that approved Justices should be chosen in this Parliament for every County, and that upon their oath in the same to execute all Laws, and Commissions to be made accordingly.

[unspec 12] The King and Lords sent unto the Commons the special point of the Charge of the Justices of Peace,* 1.22 which are enacted.

[unspec 13] It was agreed, That Lombards and other Merchants strangers should be taxed where they dwelt,* 1.23 as other Merchants Denizens.

[unspec 14] For that all Merchants in Flanders lost the third part of the value, upon conference of Merchants and others of good advice,* 1.24 the Coin o•• Gold called Florines were appointed to be fined, and to be current ac∣cording the Sterling; and all other strange Gold forbidden to be cur∣rent, and restraint also of Silver to be carried forth, other then for Noblemens Plate passing over.

[unspec 15] It is also enacted, That Silver shall be coyned according to the old sterling in poize,* 1.25 and allay, to be currant among the Subjects, and not to be carried over upon pain of death. And if the Flemmings shall coyn their Silver accordingly, that the same be currant amongst Mer∣chants.

[unspec 16] It is enacted, That who so transporteth Wool out of the Realm, * 1.26 shall bring in for every sack carried forth, four nobles in Bullion,* 1.27 and so all Merchandise, according to the rate of a sack.

[unspec 17] To increase the goodness of money,* 1.28 the prizes of Wool for three years are inhanced,* 1.29 the buyers under to forfeit the same, and the King to have forty shillings Custome for every sack, over the old Custome.

[unspec 18] In consideration of which Subsidie, the King promiseth that he shall neither pardon,* 1.30 nor license any man to buy any Wool, contrary to the Statute aforesaid.

[unspec 19] It is enacted, That the chief children born beyond the Seas shall with∣out doubt inherit to their Ancestors.

* 1.31That such as were fined before any Justices of Oyer and Terminer,* 1.32 and will not stand thereto, may stand to the Common Law,* 1.33 whereup∣on if he be not found guilty, then this fine so seized, shall be rated on them who seized the same.

[unspec 21] That general Writs of Supersedas be granted to such as will crave the same,* 1.34 untill the next Parliament, for all Offences that touch not felonies, nor the peace, except such as are contained in the Answer to the eleventh Petition insuing.

[unspec 22] The King commandeth, That all things touching the arraignment of the Archbishop of Canterbury,* 1.35 remaining with Sir William Kildesbie, at the Parliament holden Anno 15. Edwardi Tertii, be cancelled and an∣nulled; whereupon Commandment was given to Sir Iohn de Ufford to bring them into the Parliament, there to be cancelled.

[unspec 23] It was agreed, That the Statute made at Westminster, the 15 of Edw. the third, shall be utterly repealed,* 1.36 and lose the name of a Statute, as contrary to the Laws, and the Kings Prerogative: And for that the Articles there made are reasonable, It is agreed, That such Articles, and others agreed in this Parliament,* 1.37 shall be made in a Statute by the advice of the Justices.

[unspec 24] * 1.38It is agreed, That such Customers, Controllers, and Searchers in Fee, for term of life, or for years, as have let the same to farm, shall for∣feit the same, their Offices; and that from henceforth no such Office be granted, but at the Kings pleasure.

* 1.39PUr ceo que avant ses heures grand doubt & difficultie, out estre en∣tre les Grandees de cest Roialme & les Commons, ausi bien gentes de le comune & antres, si les Enfants que soint nees in partes, ••nstre le mere devient poit heretage leures apres le deces de leurs auncestors in Angli∣terre, pur cause que certain ley na pas estre sur ceo ordeyne se in arrere oy fuit demaund per le Archeves{que} de Canter. à touts les Prelates, & gentes present in ce Parliament,* 1.40 si les Enfants nostre Seiur le Roy que soint nees en partes, &c. en la ley serioint in heritors en Angliterre. Lex quex Prelates, et gentes chescun per lui examines; deveroit leurs respons d'une accorde; Que ilnad nul manner de doubt que les Enfantes nostre Sieur le Roy quelque parte que ils soit nees, par de ca la merr on par de la, poit inheritage de lour Auncestors: mes quant aux enfantes de auters il est que advise ales aux dits Prelats & Grands & auxi gents de ley illonques,* 1.41 presents, que qui diverse doubts teils acts si debates on impeachments soint mises en lour heritages ils conviendront molt apensor à at que certain ley sur ceo soit ordeyne, et cest materie antre foits fuit recite in le presens nostre Seiur'

le Roy, & per eux touts vniment accord & assenter Come de South, que des enfantes que nostre Sieur le Roy iluy ad doubte ne difficulte que ils ne sorront inherits de quel parte que ils soit nees; & en droit des autres enfants accorde & in cest Parlement, que ils soit nees en le service le Roy-mes pur ceo que le Parlement,* 1.42 & ore de parter, & cest besoigne demaund grand avisement & bon deliberation, conent el se purra meux faire & plus suer∣ment per oustre tout mainere de impeachment cy, est accord, que le fesans de le Statute in ce case de remaine, tanque l'au prochin Parlement,* 1.43 issent que oustre que temps chescun pense com serra en ley Purra estre ordeyne; & sur ceosont les Iustices & autres Sages Charges per le Roy & per les Graunds.

Petitions of the Commons, with the Kings Answers.

[unspec 25] IT is enacted, That the holy Church do enjoy all her liberties,* 1.44 and that the Great Charter, and Charter of the Forrest be observed.

That the Statutes heretofore made,* 1.45 may be observed.

[unspec 26] They shall be examined, and the good shall remain, and the con∣trary be amended.* 1.46

[unspec 27] That the Statute lately made in consideration of the Ninths granted, * 1.47 may not stand, for that the same was against the Law, and the Kings Prerogative.

[unspec 28] The King revoketh the same, and further answereth as before.

That Customs of Wooll may be at a Mark according to the old order,* 1.48 and the Forty shillings revoked, seeing the same was the Grant of the Merchants,* 1.49 which bindeth not the Commons.

[unspec 29] It cannot be hurtful to the Commons, sith upon their price set, order was that no man should buy under.* 1.50

[unspec 30] That remedy may be had against the outragious taking of Pur∣veyors. * 1.51

[unspec 31] The Statutes made shall be kept; and better, if may be, devised.

It is enacted, That the party indicted may challenge his Indictor.* 1.52

[unspec 32] It is enacted, That every person arrested into the Marshalsey may tell his own tale,* 1.53 and that the Officers there do not pass the Verge.

That the Chancellor and Treasurer may be Peers of the Realm,* 1.54 and no Stranger appointed thereunto,* 1.55 neither that they attend any other Office.

[unspec 33] The King will appoint such Officers as shall best like him. * 1.56

That no mean man,* 1.57 but the best of every County may be appointed to take Accompts of such as owe to the King.* 1.58

[unspec 34] As next before, The King will appoint such as shall best like him. * 1.59

That the Outlaws upon the 21 Title of this Parliament,* 1.60 may be re∣versed.

The King granteth, excepting all Accomptants,* 1.61 and Transporters of Wooll uncustomed, the forfeiture of Customs therefore, of Conspira∣tors, Rioters, and bringers in of old false money.

[unspec 35] That the King will retain all the lands and profits of the Crown.* 1.62

The King will do herein according to advice of Councel.

[unspec 36] * 1.63That remedy may be had against such, as remaining in Prisons,* 1.64 do for the lucre of the Gaolers appeal sundry men of good name in forein Countries.

* 1.65The Justices of Assize shall do them right.

[unspec 37] * 1.66 That no Common Fine of any Country be from henceforth made,* 1.67 but that every man may be particularly punished.

* 1.68The King willeth the same.

[unspec 38] * 1.69That the excessive Fines set on the Kings Subjects by such as have Leets, may be redressed.

* 1.70The King would the same.

[unspec 39] * 1.71It is enacted, That good examination and correction be had in Towns enfranchised touching Weights and Measures, so that the Sta∣tute may be duly observed.

[unspec 40] * 1.72It is enacted, That Commissioners shall be made of Measures, Alnage and Weights, except of the Alnage whereof the King hath granted certain liberties to the Flemings; wherein if any default be, the same shall be amended.

[unspec 41] The Chancellor and Treasurer shall appoint certain Fees for every Justice of Peace.* 1.73

[unspec 42] It is enacted, That no Sheriff from henceforth be Justice,* 1.74 but men of good learning and name.

[unspec 43] The King granted no Writs to delay the Assize taken,* 1.75 but in case of necessity by the assent of the Nobles; neither will otherwise hereafter, which if he do, the same to be void.

[unspec 44] Such Counties as have made Fine severally,* 1.76 or in common, shall be free therefore for ever.

[unspec 45] * 1.77That the Kings Debtors in the Exchequer,* 1.78 may rebate the same Kings debts, for debts due to them.

[unspec 46] The King will be advised.

That all Justices of the Peace yearly at Michaelmas certifie their Extracts into the Exchequer,* 1.79 as Justices of Assize do, according to the Statute made at York in the eighth year of Edward the Second, Tit.

The Statute shall be kept.

[unspec 48] That the Statute of Westminster may be declared, what ways a Tenant in tail may alien.* 1.80

The Law therein heretofore shall stand.

[unspec 49] It is enacted, That Non-claim of Fines levied,* 1.81 surrendred, do bar no man of his Action.

[unspec 50] That the Executor of the Executor may have the like Action as the Testator had,* 1.82 and that the Administrator may have the like.* 1.83

* 1.84The case of the Executor is against the Law; and to the Admini∣strator the Bishop shall have the action, sith he is to answer.

* 1.85That no man be impleaded in Court Christian for Tenths of Wood or Underwood,* 1.86 but in places accustomed.

[unspec 52] As heretofore, the same shall be.

* 1.87It is enacted, That Parceners and Jointenants, against whom Re∣coveries

were had upon any Action ancestrial on Summons and Seve∣rance,* 1.88 may, and shall have their Writs, without naming the others who recovered.

[unspec 53] It is enacted, That a Stone of Wooll shall contain but fourteen pounds;* 1.89 and that twenty six Stone make a Sack.

[unspec 54] It is also agreed, That the Sheriffs shall continue but one whole year; * 1.90 and that all Sheriffs be removed out of their Offices the day after All-Souls, and that others be therein placed by the Chancellor, Trea∣surer, and Justices and Barons of the Exchequer.

[unspec 55] That the Laws of the Realm be free,* 1.91 and denied to no man; the which are now so dear, as no man can well follow them.

Let * 1.92 declaration done by Ordinaries, by taking upon them cogni∣sance of the Temporal Laws,* 1.93 be redressed.

They shall answer to the Law.* 1.94

[unspec 57,] That the Kings Officers may receive the Coin of Farthings,* 1.95 and that they may be good Sterling, and not utterly revoked.

Let the good money be as heretofore, until other order.* 1.96

On the back-side of the Roll, [unspec 58]

Are contained sundry Articles of Advice given by the Merchants of the Staple to the whole Parliament,* 1.97 containing in effect these here∣tofore named: To abate the prices of the Florines,* 1.98 to raise Forty shillings Custom in every Sack of Wooll, and to establish the Staple rather in England then beyond the Seas; and there you may see the strange practice for abusing the Staple.

[unspec 59] The Commons find great default of Provisions coming from Rome, * 1.99 whereby strangers were enabled within this Realm to enjoy Ecclesi∣astical dignities, and shewed divers inconveniences ensuing thereby, namely the decay of Hospitality, the transporting of the Treasure to nou∣rish the Kings mortal enemies, the discovering of the secrets of the Realm, and the disinabling and impoverishing the Clerks within this Realm. They also shew how the Pope had in most covert wise granted to two new Cardinals sundry Livings within this Realm;* 1.100 and namely to Car∣dinal Parrigots above ten thousand marks yearly tax. They therefore require the King and Nobles to find some remedy, for that they neither could nor would any longer bear those strange oppressions,* 1.101 or else to help them to expell out of this Realm the Popes power by force.

The King understanding of these mischiefs,* 1.102 willeth, that between the Lords and Commons some remedy may be had whereto he might, &c.

[unspec 60] Hereupon the King, Lords and Commons sent for an Act made at Carlisle in the 25 year of Edward the First, upon the like complaint, thereby forbidding that any thing should be attempted or brought into the Realm, which should tend to the blemishment of the Kings Preroga∣tive,* 1.103 or in prejudice of his Lords and Commons. And so at this time, the Act called The Act of Provision, was made by common consent, which generally forbiddeth the bringing in of any Bull,* 1.104 or such trinkets from the Court of Rome, or the using, allowing or enjoying of any such Bull, Process, Instruments, or such Ware, as thereby at large doth appear.

Notes

• * 1.1

  Writ of Sum••mons.
• * 1.2

  Clerk of Parlia∣ment.
• * 1.3

  King.
• * 1.4

  Painted Chamber Parliament ad∣journed, because some Lords and Commons were not come.
• * 1.5

  Proclamation a∣gainst wearing Arms.
• * 1.6

  Petitions.
• * 1.7

  Chancellor.
• * 1.8

  Causes of Parlia∣ment.
• * 1.9

  Truce with France Kings Est••••e.
• * 1.10

  Good Govern∣ment,
• * 1.11

  Truce.
• * 1.12

  Kings expl••i•••• related
• * 1.13

  Pope & Cardinals. Truce.
• * 1.14

  Pope no Judge.
• * 1.15

  War and Peace by the Parlia∣ments advice.
• * 1.16

  Advice.
• * 1.17

  Ambassadors.
• * 1.18

  Lords and Com∣mons several ad∣vice.
• * 1.19

  Peace.
• * 1.20

  Oppressions, Justice.
• * 1.21

  Commons answer Justices elected in Parliament, Oath, Commissions.
• * 1.22

  Justices of Peace, Commons.
• * 1.23

  Lombards, Merchants-strangers.

  Tax.
• * 1.24

  Merchants, Gold, Florens, Silver, Monies.
• * 1.25

  Silver, Mon••y, Flemings.
• * 1.26

  Wooll.
• * 1.27

  Bullion.
• * 1.28

  Mony.
• * 1.29

  Wool, Customes.
• * 1.30

  Customes, Pardon, License, Wool.
• * 1.31

  Aliens.

  [unspec 20] Denizens.
• * 1.32

  Fines, Justices of Oyer and Terminer.
• * 1.33

  Common Law.
• * 1.34

  Supersedeas, Felony, Peace.
• * 1.35

  Archbishops ar∣raignment cancel∣led in Parliament,
• * 1.36

  Statutes repealed as contrary to the Laws and Kings Prerogative.
• * 1.37

  Statute.

  Justices advice.
• * 1.38

  Customers, Controllers, Searchers, Farms, Forfeitute.
• * 1.39

  Forrain Birth Aliens.
• * 1.40

  King and his Isshe
• * 1.41

  Peers, Lawyers,
• * 1.42

  Kings service.
• * 1.43

  Parliament.
• * 1.44

  Church, Great Charter, Forrest.
• * 1.45

  Statutes observed.
• * 1.46

  Answ.
• * 1.47

  Statute revoked, Law, Prerogative.
• * 1.48

  Customs, Wools, Merchants grant.
• * 1.49

  Answ.
• * 1.50

  Answ.
• * 1.51

  Purveyors.
• * 1.52

  Indictment, Challenge.
• * 1.53

  Marshalsey.
• * 1.54

  Chancellor, Treasurer, Peers, Stranger,
• * 1.55

  Answ.
• * 1.56

  Kings prerogative••
• * 1.57

  Answ.
• * 1.58

  Acounts,
• * 1.59

  Kings Prerogative
• * 1.60

  Outlaries reversed
• * 1.61

  Answ.

  Accountants, Customs, Forfeiture, Conspirators, R••otors, False money.
• * 1.62

  Crown Lands, Kings Councel.
• * 1.63

  Answ.
• * 1.64

  Prisoners, Appealers.
• * 1.65

  Justices of Assiz••.
• * 1.66

  Answ.
• * 1.67

  Fines.
• * 1.68

  Answ.
• * 1.69

  Fines excessive, Leets.
• * 1.70

  Answ.
• * 1.71

  Weights and Measures.
• * 1.72

  Measures, Alnage, Flemmings.
• * 1.73

  Justices Fees.
• * 1.74

  Sheriffs not to be Justices,
• * 1.75

  Delay, Assize, Necessity, Nobles.
• * 1.76

  Fines pardoned.
• * 1.77

  Answ.
• * 1.78

  Kings Debtors, Exchequer.
• * 1.79

  Justices of Peace. Extracts, Exchequer.

  [unspec 47] Answ.
• * 1.80

  Tail, Alienation.

  Answ.
• * 1.81

  Non-Claims Fines.
• * 1.82

  Executor of Exe∣cutor.
• * 1.83

  Administrator.
• * 1.84

  Answ.

  [unspec 51] Ordinary.
• * 1.85

  Court Christian, Tithe wood.
• * 1.86

  Answ.
• * 1.87

  Parceners.

  Joyn-tenants:
• * 1.88

  Recovery, Summons and Severance.
• * 1.89

  Wooll, Weights.
• * 1.90

  Sheriffs.
• * 1.91

  Laws, Free.
• * 1.92

  Ordinaries,
• * 1.93

  Usurpation.

  [unspec 56] Temporal laws.
• * 1.94

  Answ.
• * 1.95

  Farthings M••ney.
• * 1.96

  Answ.
• * 1.97

  Merchants advice to the Parliament. Staple.
• * 1.98

  Florines, Custom.
• * 1.99

  Commons, Provisors.

  Rome, Strangers.
• * 1.100

  Pope

  Cardinals, Commouns reso∣lution.
• * 1.101

  Oppressions.
• * 1.102

  Answ.
• * 1.103

  Provisors, Kings Prerogative, Lords and Com∣mons.
• * 1.104

  Bulls, Rome.