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 ...

Petitions of the Commons with their Answers.

[unspec 44] * 1.1The Print touching the Liberties of the Church, the Great Char∣ter, and the Charter of the Forrest, cap. 1. agreeth with the Re∣cord.

[unspec 45] * 1.2The Print touching the Peace, cap. 2. agreeth with the Record.

[unspec 56] The Print touching Purveyors,* 1.3 cap. 3. in part agreeth with the Record, but not in all.

[unspec 57] An Act agreeing with the first part of 23. tit. of this year, saving to the King his Regality,* 1.4 and that Act made for Councellors in 50 E. 3. shall stand.

[unspec 58] That all kind of gifts made by King E. 3. whatsoever, may be exa∣amined,* 1.5 and being worthily bestowed on any person, to be confirmed, or otherwise revoked.

[unspec 49] The Lords of the continual Council shall examine the deserts of the persons,* 1.6 and do thereaft••r.

[unspec 50] That none being duly deprived out from the Council in the time of E. 3. be any more restored to be about the Kings person.* 1.7

The King granteth thereto.* 1.8

The Print touching maintenance,* 1.9 cap. 4. agreeth in effect with the Re∣cord, but not in form.

And Act, that the Chancellor,* 1.10 Treasurer, Steward of the Kings Hous∣hold, and Chamberlain during the Kings minority shall be chosen by the Lords in Parliament, saving the inheritance of the Earl of Oxford in the Office of Chamberlain; so always as if any of these Officers die be∣tween the Parliament, that then the King may name them by the advice of the continual Council.* 1.11

[unspec 51] The Officers appointed for Gascoyne,* 1.12 Ireland, Artois, the Marches of Scotland, keepers of the Ports and Castles may be of sufficient inheri∣tance to answer.

[unspec 52] The King will do therein according to the advice of his continual Council. * 1.13

[unspec 53] An Act whereby the King confirmeth all Liberties granted to any person or Corporation by any of his Progenitors,* 1.14 in such wise as they were granted.

That such may be punished who by their own defaults have lost any Forts,* 1.15 Piles or peeces beyond the Seas; and that such as out of any Fort took any thing of the Kings, may restore the same again.

The King will provide sufficient remedy therefore.* 1.16

[unspec 54] That the excess of Servants wages,* 1.17 Art••ficers, Labourers, and Victu∣allers may be extracted into the Exchequer, and imployed upon the poor, and that such Labourer in service by reason of any little tenure, or for that he would be a Victualler, be kept in the Stocks untill he serve.

The Statute made therefore shall be observed.* 1.18

[unspec 55] That no Mason, Carpenter, Artificer,* 1.19 or Labourer do take any wages for the holy daies.

The Statutes therefore made shall be observed.* 1.20

[unspec 56] That the Petitions of the Commons in the 50 E. 3. whereto the Kings answer was,* 1.21 The King willeth the same to be made in Acts, for that some affirm them to be but Ordinances, and no Acts.

It is in part done,* 1.22 and the rest the King will do according to reason.

[unspec 57] * 1.23That such as receive the Subsidy of Woolls, and the Tallage of Groats, granted 50 E. 3. may account in open Court before the Lords.

* 1.24Certain be appointed to examine the receits, and to make report unto the continual Council, who shall take order therein.

[unspec 58] That no stranger do keep any lodging within the Realm,* 1.25 and that the goods of Strangers attached within the Realm may be restored to such Englishmen as have had their goods spoiled on the Sea in the time of Truce.

* 1.26To the first point the King granteth, except such as be leige men; and to the second, the King would have a stay of such goods until re∣stitution.

[unspec 59] * 1.27That the Swanny-motes may be kept but at one time of the year, and that no Free-man, other then Officers of the Forrest be distrained to come to the Swanny-Motes.* 1.28

* 1.29The King would the Statute therefore provided to be kept.

[unspec 60] * 1.30That no man be imprisoned, or amerced for Vert or Venison, or other things against the Assize of the Forrest, unless the same be con∣tained in the Articles of the Charter of the Forrest, and that every man may without impeachment chuse the Purlues.

* 1.31The Charter, and other Statutes of the Forrest shall be ob∣served.

[unspec 61] * 1.32It is enacted, that the perambulations of the Forrest heretofore made shall wholly stand, and that no Forrester or other Minister of the Forrest have to do without, but according to the assize of the Forrest.

[unspec 62] * 1.33That the misdemeanor of the Keeper and other Officers of the Forrest may be inquired of, and snch as be removeable and faulty to be expelled.

[unspec 63] * 1.34The King will from time to time inquire, and punish such defaults, and who will complain shall be heard.

[unspec 64] * 1.35The Print touching debts allowed in the Exchequer, cap. 5. agreeth in effect with the Record, but not in form.

* 1.36That no Officer of the Exchequer, or of the Kings Houshold, do maintain any quarrels in their Countries, and that the priviledges for the Officers of the Exchequer may be declared.

* 1.37Touching maintenance, order is before, and for declaration it hath been used that all Officers, and their servants with them abiding, shall in all personal actions sue and be sued in the Exchequer, and not else∣where.

[unspec 65] That the jurisdiction of the Marshal may be limited,* 1.38 and that all men may have their liberties allowed as well within the Verge as without, and that no Court of antient demeasnes be thereby disturbed.

* 1.39The Marshal shall have such jurisdiction as heretofore, and who will complain shall be heard.

[unspec 66] That the Popes Collector be willed to gather no longer the first fruits of Benefices within this Realm,* 1.40 being a very novelty, and that no other person do any longer pay them.

[unspec 67] That no man do procure any Benefice by provision from Rome,* 1.41 upon pain to be put out of the Kings protection.

[unspec 68] That no Englishman do take to farm of any Alien any Ecclesiastical Benefice,* 1.42 or Prebend on the like pain. In which Bill is rehearsed that the French had 6000 l. yearly of such livings in England.

The Lords of the great Council shall take order in those three Bills.* 1.43

[unspec 69] That religious persons buy Lands, and cause others to be in Feoffee thereof,* 1.44 and yet take no profits, that the King and the Lords may take the advantage.

The Lords mind not to change the old Law used.* 1.45

[unspec 70] That the Lords Leets may have the punishment of Tavernors,* 1.46 and that they be not disturbed, for that the Leet is within the Verge.

It is not the Article of the view of Franckpledge,* 1.47 but shall be used as it hath been.

[unspec 71] The Mayor, Aldermen, and Commons of London pray,* 1.48 that they may have the like punishment of ill doers in Southwark as in London, saving to all Lords their rights.

It is prejudicial to the King,* 1.49 and to the Bishops of Canterbury and Winchester.

[unspec 72] They pray that they may among themselves a Coroner chuse and refuse.* 1.50

The King cannot depart with his old right.* 1.51

[unspec 73] The Commons pray,* 1.52 that whereas the Sheriffs of the Counties of Essex and Hertford are yearly charged to pay Two hundred fifty seven pounds 17 s. of the farms of Serjeants,* 1.53 and main Farms, and there∣by yearly lose a hundred pounds, whereof the King yearly one hundred Marks, sometimes more, sometimes less, that the King will make his par∣don certain.

The King will shew favour therein according to his pleasure.* 1.54

[unspec 74] The Sheriffs of Bed••ord,* 1.55 Bucks, Northampton, and divers other Shires being in the same predicament pray the like remedy.

The King will semblably as above deal.* 1.56

[unspec 75] The like motion is made as in 51 E. 3. tit. 53.

And the like answer thereto made.* 1.57

That all persons as well religious as otherwise,* 1.58 having any poss••ssi••ns within any walled or fortified City or Town now decayed, m••y to the re-edifying thereof contribute, as other the Townsmen there do.

The King will that all such shall contribute according to the assu∣rance of their tenure heretofore used,* 1.59 saving to every man his privi∣ledge.* 1.60

[unspec 77] They pray remedy against the Popes reservations to dignities e∣lective, * 1.61 the same being done against the Treaty of the Pope taken with King E. 3.

The Chancellor calling to him such as he shall please,* 1.62 shall see the Record, and take order therein.

[unspec 78] That the Chirographer shall render tenfold as much as he shall receive more then 4 s. of every fine.* 1.63

* 1.64The Statute before made shall be kept.

[unspec 79] That the Statute made that the next of the kin of the Kings Wards,* 1.65 to whom the Lands cannot discend, shall have such Wards Lands in farm during the nonage, before any other, may be observed.

* 1.66The King granteth thereunto.

[unspec 80] That the Assizes sued forth in King E 3. time, may continue in force at the suit of the party.* 1.67

* 1.68There is remedy heretofore provided.

[unspec 81] That every Writ be as well maintainable in a Hamblet which beareth a certain known name,* 1.69 as in a Town.

* 1.70The Law heretofore used shall stand.

[unspec 82] That a Writ of Partition may as well be maintainable between strangers,* 1.71 purchasers, as between parceners, and prinuyes of blood.

* 1.72The Law as next above.

[unspec 83] The Print touching Feoffments upon collusion,* 1.73 cap. 9. agreeth in ef∣fect with the Record, but not in form.

[unspec 84] * 1.74That it may be declared whether the Peter-pence shall be paid to the Popes Collectors,* 1.75 or no.

* 1.76It shall be as it hath been used.

[unspec 85] * 1.77That the Justices of Assize may take Nisi prius of issues between the King and other persons of the Exchequer as well as of the Kings Bench or Common Pleas.* 1.78

[unspec 86] As it hath been so shall it be.

* 1.79That in the Counties of Northumberland, Cumberland and Westmer∣land Indictments of man-slaughter taken in the Sheriffs turn shall conti∣nue good, and elsewhere. It shall be as the Law willeth.

[unspec 87] That no suit between any patties be ended before any Lords,* 1.80 or others of the Council, but before the Justices onely.

The King granteth thereto.

[unspec 88] * 1.81 The Print touching Villains Lands,* 1.82 Tennants, and the book of Dooms¦day, cap. 6. agreeth with the Record in effect, but not in form.

[unspec 89] That such as have been broken in the Wars, and others passing the age of sixty years may be exempted for being Escheator,* 1.83 Coroner, or such like Office, that they be of no Juries, nor loose Fines or Amerci∣aments.

The King will have consideration of Soldiers; for the other there is a Statute made which shall be kept.* 1.84

[unspec 90] That every man have the priviledge of the Clergy,* 1.85 notwi••hstanding the exception of Bigamy.

The Law therefore used shall stand.

[unspec 91] * 1.86 That all Aliens,* 1.87 as well religious as others, do by Candlemass next avoid the Realm, and that all their Lands and goods during the Wars may be imployed thereto for divers causes there declared.

* 1.88The King granteth thereunto, and that they take shipping at Dover to Callice, where they shall be searched for carrying over more then for their needful expences (except Priors conventual) and persons known to be honest,* 1.89 and such as be married, or in house with Noblemen, find∣ing good surety ••or their good behaviour.

[unspec 92] The Print as touching Retaining and Liveries,* 1.90 cap. 7. agreeth in ef∣fect with the Record, but not in form.

[unspec 93] That if notorious felons be committed to the Bishops prison,* 1.91 the same Bishop may more narrowly look to their purgation.

[unspec 94] The King hath so willed them,* 1.92 which if they do not, he will provide by Law.

That an Escheator upon an Inquest of Office do not seize any mans lands without a Scire facias out of the Chancery.* 1.93

It shall be as it hath been used.* 1.94

[unspec 95] That a Parliament may be yearly holden in convenient place,* 1.95 to redress delays in Suits, and to end such Cases as the Judges doubt of.

It shall be as it hath been used.* 1.96

[unspec 96] That justice be not deferred upon letters passing under the privy Seal,* 1.97 or privy Signet.

That Statute therefore made shall be kept.

The Print touching Protections,* 1.98 cap. 8. in effect agreeth with the Re∣cord, but not in form.

Note that the Commons by their Petition required,* 1.99 that every man might upon such protections aver that the party was not in the Kings service, according to the surmise of his protection: Whereunto was an∣swer that averment lay not in such cases.* 1.100

[unspec 98] They require to know where the Staple should be if happily Calice should be besieged;* 1.101 and that in such distress the Merchants amongst themselves might levy impositions for the safe transporting of their goods.

[unspec 99] To the first,* 1.102 It shall be in such places of the Realm as was last used; to the second, let them then make means to the Council,* 1.103 and they shall be heard.

[unspec 100] The King confirmeth the pardon made to the Bishop of Winchester,* 1.104 who was excepted in the last pardon of King E. 3.

They pray that such as in their Charters have Conuzance of all pleas,* 1.105 may thereby hold pleas of Assize of No. Disseisen, and Morte de Ancest.

They shall have allowance according to the form of their old Charter,* 1.106 and the allowance heretofore made.

[unspec 101] That no manner of Eyer or Trailbaston be holden during the War,* 1.107 or twenty years within the Realm.

The King will be advised.* 1.108

[unspec 102] That the Bishops and Clergy may pay to the Tallage,* 1.109 and Subsidy of their temporal possessions, as the Laity doth, which yet they refuse to do.

They shall so do for all possessions come to their hands,* 1.110 or which they have purchased since the twentieth year of King E. 1.

[unspec 103] The print touching the general pardon of King E. 3. cap. 10. agreeth with the Record.* 1.111

[unspec 104] The print touching Sheriffs,* 1.112 cap. 11. agreeth with the Record.

* 1.113Note the Commons moved to have had the Escheator in the same case, which was denied.

[unspec 105] That the errors of the Exchequer may be redressed in the Kings Bench,* 1.114 or Parliament.

[unspec 106] That no ship,* 1.115 Boat or other Vessel be forfeited as a Deodand,* 1.116 where any person by falling out is drowned.

The King will shew favour to such as seek the same, saving his Re∣gality.

* 1.117The print touching prisoners in the Fleet,* 1.118 cap. 12. for the first part thereof doth not altogether agree with the Record. And for the se∣cond part, where a man will willingly confess himself debtor to the King, the Record is in the Exchequer, which is left out of the print (which note well.)

[unspec 108] That the Ordinaries do receive of the people no pecuniary pains,* 1.119 but inflict them with spiritual pennance.

The King hath charged all Ordinaries to do according to the Laws of the Church,* 1.120 and not otherwise.

That it may be certainly appointed what Ordinaries shall take for the probate of a Testament,* 1.121 and making of the Acquittance.

[unspec 109] The King hath charged them to take but reasonably there∣fore.

That the King will examine the cause of the great decay of the Navy.* 1.122

[unspec 110] The King will do therein by the advice of the great Coun∣cil.* 1.123

[unspec 111] That none of the Parliament be appointed Collectors of any thing granted now;* 1.124 and that all persons whatsoever, having Lay-fee, may contribute to the charges of the Knights, and to all Talliages.

To the first, the King granteth; to the second, the Lords of the Realm will not so lose their own liberties.* 1.125

Notes

• * 1.1

  Liberties of the Church, Great Charter.
• * 1.2

  Peace,
• * 1.3

  Purveyors, Variance from the Record.
• * 1.4

  Kings Regality saved, Councellors.
• * 1.5

  Kings gifts exami∣ned, Revocation.
• * 1.6

  Privy Council.
• * 1.7

  Disabilit••, Council Restitution.
• * 1.8

  Answ.
• * 1.9

  Maintenance.
• * 1.10

  Kings minority, Officers elected by the Lords in Parliament, Chancellor, Treasurer, Steward, Chamberlain, Earl of Oxford Chamberlain by inheretance.
• * 1.11

  Privy Council.
• * 1.12

  Officers sufficient.
• * 1.13

  Answ.

  Privy Council.
• * 1.14

  Liberties confir∣med, Corporations,
• * 1.15

  Treason, Forts and Peeces lost, Bribes, R••stituti••n.
• * 1.16

  Answ.
• * 1.17

  S••rvants wages, A••••ificers, Labourers, Victualers. Extracts, Poor, Stocks.
• * 1.18

  Answ.
• * 1.19

  Artificers, Wages, Holy days.
• * 1.20

  Answ.
• * 1.21

  Petitions, Acts, Ordinances.
• * 1.22

  Answ.
• * 1.23

  Subsidy, Tallage, Account before the Lords.
• * 1.24

  Answ.

  Privy Council.
• * 1.25

  Stranger, Reprises.
• * 1.26

  Answ.

  Restitution.
• * 1.27

  Swanny motes.
• * 1.28

  Forrest.
• * 1.29

  Answ.
• * 1.30

  Imprisonment, Forrest, Charter of the Forrest, Purlues.
• * 1.31

  Answ.
• * 1.32

  Perambulation, Forrest,
• * 1.33

  Officers of the Forrest, Inquiry, Forfeiture.
• * 1.34

  Answ.
• * 1.35

  Debts, Exchequer.
• * 1.36

  Exchequer, Officers, Maintenance, P••iviledge 6.
• * 1.37

  Answ.
• * 1.38

  Marshals juris∣d••ction.
• * 1.39

  Answ:
• * 1.40

  Popes Collector, First fruits,
• * 1.41

  Benefice, Provisions, Rome, Praemunire,
• * 1.42

  Alien•• Farmers, Benefices•• French.
• * 1.43

  Answ.

  Lord•• of the great C••uncil.
• * 1.44

  Fe••ff••es in trust.

  M••••••main••
• * 1.45

  Old Law.

  Answ.
• * 1.46

  Leets, Taverners.
• * 1.47

  Answ.
• * 1.48

  London, Southwark, Malefactors.
• * 1.49

  Answ.

  Kings prejudice.
• * 1.50

  Coroner.
• * 1.51

  Answ.

  Kings old right.
• * 1.52

  Commons, Sheriff, Essex.
• * 1.53

  Hertford, Pardon••
• * 1.54

  Answ.

  Kings pleasure.
• * 1.55

  Sheriffs.
• * 1.56

  Answ.
• * 1.57

  Clerks of the Market.
• * 1.58

  Answ.

  [unspec 76] Religious persons, Con••ribu••ion, Fortification.
• * 1.59

  Answ.
• * 1.60

  Priviledge.
• * 1.61

  Popes reservative••
• * 1.62

  Answ.

  Chancellor,
• * 1.63

  Chirographer, Fine, Fees.
• * 1.64

  Answ.
• * 1.65

  Wards, Procheinamy.
• * 1.66

  Answ.
• * 1.67

  Assizes, Continuance.
• * 1.68

  Answ.
• * 1.69

  Writs, Hamblet, O••d Law.
• * 1.70

  Answ.
• * 1.71

  Partition, Parceners••
• * 1.72

  Answ.
• * 1.73

  Collusion.
• * 1.74

  Peter-pence.
• * 1.75

  Popes Collectors.
• * 1.76

  Answ.
• * 1.77

  Justices of Assize, Nisi prius, Exchequer, King.
• * 1.78

  Answ.
• * 1.79

  Northumberland, Cumberland, Westmerland, Indictments, Sheriffs turn.
• * 1.80

  Lords of the Council.
• * 1.81

  Answ.
• * 1.82

  Villinage, Doomsda••.
• * 1.83

  Soldiers, Age, Exemption, Escheator, Coroners, Justices, Fines.
• * 1.84

  Answ.

  Statute kept.
• * 1.85

  Clergy, Bigamy, Old Law,
• * 1.86

  Answ.
• * 1.87

  Aliens to avoid the Realm.
• * 1.88

  Answ.

  Dover, Search,
• * 1.89

  Priors, Sur••ties ••or good behaviour.
• * 1.90

  Retaining, Liveries.
• * 1.91

  Felons, Bishops-Prison.
• * 1.92

  Answ.
• * 1.93

  Escheator

  Scire facias, Seisure, Old Law.
• * 1.94

  Answ.
• * 1.95

  Parliament yearly Delays in Suits•• Doubtful cases.
• * 1.96

  Answ.

  Old usage.
• * 1.97

  Justice not to be deferred,
• * 1.98

  Answ.

  [unspec 97] Protections.
• * 1.99

  Commons Petiti∣ons, Averment, Protectio••.
• * 1.100

  Answ.
• * 1.101

  Staple, Calice, Merchants, Necessity, Impositions.
• * 1.102

  Answ.
• * 1.103

  Council.
• * 1.104

  Pardon, Bishop of Winche∣ster.
• * 1.105

  Conuzance of pleas, Profits, Morte Ancestor.
• * 1.106

  Answ.

  Allowance•• Old Charter.
• * 1.107

  Eyre, Trailba••ton, War.
• * 1.108

  Answ.
• * 1.109

  Bishops, Clergy, Tallage.
• * 1.110

  Answ••
• * 1.111

  Pardon general.
• * 1.112

  Sheriffs.
• * 1.113

  Escheator.
• * 1.114

  Errors, Exchequer Kings Bench, Parliament.
• * 1.115

  Ship, Boat.
• * 1.116

  Deodand.
• * 1.117

  Answ.

  [unspec 107] Kings Prerogative
• * 1.118

  Prisoners in the Fleet, Variance, Omission, Exchequer,
• * 1.119

  Ordinaries, Pecuniary pains, Spiritual pen∣nance.
• * 1.120

  Answ.

  Laws of the Church.
• * 1.121

  Ordinaries, Probate of Wills, Fees.
• * 1.122

  Answ.

  Navies decay.
• * 1.123

  Answ.

  Great Council.
• * 1.124

  Parliament mem∣bers not to be co∣lectors, Knigh••s Fees, Contribution.
• * 1.125

  Answ.

  Lords Liberties.