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 ...

About this Item

Title
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 ...
Author
England and Wales. Parliament.
Publication
London :: Printed for William Leake ...,
1657.
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Subject terms
Tower of London (London, England)
Constitutional history -- Great Britain -- Sources.
Archives -- Great Britain.
Link to this Item
http://name.umdl.umich.edu/A34712.0001.001
Cite this Item
"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 ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A34712.0001.001. University of Michigan Library Digital Collections. Accessed June 7, 2024.

Pages

Page 329

The Parliament holden at WESTMINSTER the Mun∣day next after the Feast of St. HILLARIE in the thirteenth year of the Raign of King RICHArD the Second.

[unspec 1] ON the same Munday being the eleventh day of Ianu∣ary, William de Wickham Bishop of Winchester, and Chancellor of England,* 1.1 by the Kings commandement declared before him, and the whole Estates,* 1.2 how the King now being come to more full age,* 1.3 meant the better to see his people governed, and that as well the Clergy as the Temporallitie should enjoy all their Liberties;* 1.4 He further sheweth how the King being environed with his enemies of France,* 1.5 Spain and Guienne on the one part,* 1.6 and of Scotland,* 1.7 and Ireland on the other,* 1.8 was now to consult in what wise Peace,* 1.9 or Defence might be taken with them.* 1.10 And how ayde to sustain the charges thereof,* 1.11 might be levied of the Lords and Commons, without which it would not be a∣voyded.

[unspec 2] Receivers of Petitions for England,* 1.12 Ireland, Wales, and Scot∣land.

[unspec 3] Receivers of Petitions for Gascoine, and other places beyond the Seas, and of the Isls.

[unspec 4] Tryars of Petitions for England, &c. as above.

[unspec 5] Tryars of Petitions for Gascoine, &c. as above.

[unspec 6] On the twentieth day of Ianuary, the fourth day of the Par∣liament the Bishop of Winchester being Chancellor,* 1.13 and the Bi∣shop of St. Davids being Treasurer,* 1.14 with all the Lords of the great Councell,* 1.15 except the Clarke of the Privy Seal,* 1.16 prayed the King to be discharged of their said Offices,* 1.17 and to have others therein placed. At which time the Chancellor gave up to the King the great Seal,* 1.18 and the Treasurer the Keys of the Exchec∣quer,* 1.19 the which the King received, and them discharged, together with the Lords of the great Councell;* 1.20 who being discharged, re∣quired openly in the Parliament, that every person would com∣plain of any thing unduly done by them.* 1.21 The Commons required respit of answer untill the next day,* 1.22 At which time they with the Lords upon demand, affirmed all to be well done.

Whereupon the King recharged those Officers by delivering the great Seal to the said Bishop of Winchester,* 1.23 and the Keys of the Treasury to the said Bishop of St. Davids,* 1.24 and received those to be his Councellors, which were before, with his Uncles the Dukes of Lancaster, and Gloucester, with Protestation for any act then done, he would at his pleasure take, or refuse his Councellors aforesaid; All of which said Officers, and Councellors were then sworn in Parliament faithfully to Counsell the King.* 1.25

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[unspec 8] For certain causes shewed in Parliament, it was enacted that no man should be impannelled, or returned in the Assize of Novell Disein,* 1.26 granted by Walter Parke of Upton Escanda••••ore before the Justices of Assize in &c. against Ioan Prioress of Detford,* 1.27 and her Under-Tenants in Ashton, St. George of Ashton Bevell, nor in any Inquest to be taken in a writ of Trespass by the said Walter before the Justices of the Common Place against Henry Green Knight, and the said Prioress for Trespass done at Upton Escanda∣more, unless he have Lands and Tenements, to the value of 40 l. a year at the least.* 1.28

[unspec 9] * 1.29The 26th day of Ianuary, Iohn Mandonor Cleark, was charged openly in Parliament, that he should not pass, nor send over to Rome,* 1.30 nor attempt to do any thing there touching the Arch-De∣conry of Durham,* 1.31 in prejudice of the King,* 1.32 or of his Laws,* 1.33 or of the partie presented thereto by the King, on perill of that might ensue.

[unspec 15] Iohn Choungeor complainant against Sir Robert Knowles Knight: for that he infeoffed the said Sir Robert of certain his Lands, untill certain money was to him payed,* 1.34 which was done, and that the said Iohn could not have his Land: whereupon by Writ the said Sir Robert appeared in Parliament,* 1.35 both of which parties being then heard, for that the matter seemed to be determinable at the Com∣mon-Law,* 1.36 the same parties were remitted thereto.

[unspec 11] It was enacted that upon deliverance of such as were appealed for the death of Iohn Bowceby Cleark in Lincoln,* 1.37 none should be returned unless he might freely dispend 40 l. by the year at least.

[unspec 12] Upon complaint of the Bishop,* 1.38 Deane & Chapter of Lincoln,* 1.39 for that they could never by distress, or other means come to their rents in the same Town of Lincoln, by reason of the Liberties granted to the said Town,* 1.40 whereby the Major and Townsmen having the Try∣all of all such matters before them,* 1.41 kept them from their right. A Writ was directed to the Major and Bayliffs of the said Town,* 1.42 to appear at a certain day before the Lords,* 1.43 and to have full authori∣ty from the whole Commonaltie of the same, for abiding their de∣terminations therein: at which day the said Major and Bayliffs appeared in proper persons,* 1.44 and for that they brought not with them full power from the said Commonaltie;* 1.45 they were adjudged unto Contempt.* 1.46

[unspec 13,] And it was further enacted, that in Assizes,* 1.47 Juries,* 1.48 and all other Inquests which should be taken between partie and partie, before the Major & Bayliffs, that for the same time shall be: if any of the said parties would complain of a false Verdict thereby given,* 1.49 they should have the Attaint to them granted,* 1.50 and the Record by Writ shall be sent into the Kings Bench,* 1.51 or Common Place:* 1.52 and that in all such Attaints the Sheriffs return Forraigners of the said Countie,* 1.53 without sending to the said Citie;* 1.54 the which Jurie the Justices shall take notwithstanding any libertie to the said Citie granted.

Page 331

[unspec 14] The Chancellor and Schollers of the Universitie of Cambridg, * 1.55 by their Petition require,* 1.56 that they, their Ministers and Servants,* 1.57 be not put to answer of any Treason or Fellonie,* 1.58 or other breach of Law before the Major and Bayliffs of the same Town: and that up∣on the Tryall of all such offences,* 1.59 the Sheriffs do return For∣raigners o the same County, and none of the Town, or Suburbes; The Major and Bayliffs were commanded as in Tit. 12. before: They accordingly appear, but brought no Warrant from the Com∣monaltie of the same Town,* 1.60 whereupon they were adjudged to fall into a contempt.* 1.61

[unspec 15] Thomas Methom Knight complaineth, that whereas an Appeal was brought by Elizabeth,* 1.62 the wife of Sir Iohn Fitz-William of Archsay Kt. for the death of the said Iohn, against Iohn Aske and others in the Kings Bench: the same Iohn found that the same Thomas, and one Iohn Freyer were purchasers of the said Appeal, to the Damage of 500. Marks of the said Iohn Aske,* 1.63 for the which Damages, he the said Thomas remained in the Marshallsey.* 1.64

[unspec 16] Whereupon for that the said Tho. shewed an Error in the same Judgment,* 1.65 at his request it was adjudged, that he should have a Sciri fac. grounded upon his case,* 1.66 returnable at the next Parlia∣ment,* 1.67 to warn the said Iohn Aske then to be there; that the said Thomas should be delivered out of the Malshallsey upon sufficient Suretie,* 1.68 untill the Errors heard.* 1.69 and thereupon the Bishops of Lincoln, and Norwich, the Lord Nevill, and Sir Iohn Lovell to make a grant for Damages untill the said Iohn Aske undertook to bring forth the body of the said Thomas the next Parliament,* 1.70 to be rendred to Prison, if then the Judgment were affirmed; and it was commanded to the Chancellor to make Writs,* 1.71 as well for the De∣livery of the said Thomas,* 1.72 as for the Sciri fac.* 1.73

[unspec 17] Upon the like bill for Iohn Freyer, the like order was taken for him upon Sureties aforesaid,* 1.74 in form as is above.

[unspec 18] For that certain Annuities were assigned to be payed to certain Justices,* 1.75 banished into Ireland,* 1.76 in the 11th. year of the King, without certain limitation how the same should be paid; It was ena∣cted, that the Wives, or other Friends of the said Justices so re∣maining in Ireland,* 1.77 should have to Farm, all the Lands of the said Justices, being not sold to the valew of such Annuitie: notwith∣standing any Patent made unto others, which if it will not suffice, then certain of the Councell shall take order therein.* 1.78

[unspec 19] It is enacted that the Statute made in the first year of the Kings Raign, touching Priors Aliens,* 1.79 and other possessions should be observed, these being adjoyned: that all Pryors Aliens being in∣ducted by the Bishop of the place,* 1.80 or by Abbies Exempt before seisin,* 1.81 or which have the same during their Lives, shall enjoy their said Priories for a reasonable summe, notwithstanding any Patent to others thereof granted: and that no Priorie or other Spi∣ritualitie appropriated do remain in any temporall mans hands,* 1.82 but only to the Clergie.* 1.83

Page 332

[unspec 20] * 1.84On Wednesday the second of March the Lords, and Commons granted to the King for one year xxxviii. s. iiii. d. of every De∣nizon for every Sack of Wool over the old Custom of every Alien xxii. s. viii. d. of every Last of Skins of Denizons over,* 1.85 &c. of Aliens,* 1.86 iii l. xiii. s. iiii d. of Denizenes for every CCxl. Wool Fells xxxiii. s. iiii. d. over, &c. of Aliens, xxxvi. s. viii. d. over, &c. and of every tun of Wine coming in, or going out of the Realme, vi. d. And that the same be imployed onely to the use of the Wars.* 1.87

[unspec 21] * 1.88The King by assent of Parliament created his Uncle of Lanca∣ster, Duke of Aquitaine by setting a Crown on his head,* 1.89 and gi∣ving to him a Rod of Gold,* 1.90 to hold the same Dukedome with all Profits, and Prerogatives to him during his life of the King; as of the King of France, as largely as ever the King held the same; sa∣ving onely to the King, as to the King of France,* 1.91 the direct Domi∣nion, Superioritie, and resort of the same Dutchy as by the Let∣ters Patents thereof confirmed may appear.

[unspec 22] After which done, the Duke did Homage to the King for the same Dukedome,* 1.92 giving most humble, and hearty thanks to the King for the same honour;* 1.93 and protested albeit,* 1.94 he could not of himself maintain, the State of the said Dukedome in time of War without the ayde of the King,* 1.95 and Realme, he would not∣withstanding of his own dispend to the uttermost;* 1.96 whereunto the King answered, that the charges should be borne,* 1.97 as between the Duke, and his Councell should be agreed;* 1.98 to which the Commons assented.

[unspec 23] The King by the assent of the Parliament created Edward the eldest Son of the Duke of Yorke Earl of Rutland,* 1.99 during the life of the said Duke, and gave to him during the said Dukes life 80. marks yearly,* 1.100 and in value of the said 800. marks, gave unto him the Castle, Town, and Domination of Okeham in the said County,* 1.101 together with the old Forrest of Rutland,* 1.102 and the Office of the Sheriffwick of the same Shire;* 1.103 So as if the same amount not to the yearly value of 800. marks, that then the rest to be payed out of the Exchecquer,* 1.104 as by the said Charter there confirmed,* 1.105 and delivered to the said Earl may appear.

[unspec 24] The Archbishop of Canterbury,* 1.106 and Yorke for them, and the whole Clergy of their Provinces, make their solemn Protestation in open Parliament,* 1.107 that they in no wise meant, or would assent to any Statute,* 1.108 or Law made in the restraint of the Popes Autho∣rity, but utterly withstood the same; the which their Protestations at their requests were enrolled.* 1.109

Page 333

Petitions of the Commons, with their Answers.

[unspec 25] THE print touching Protections cap. 16. agreeth with the Record in effect,* 1.110 but swerveth in the rehearsall of the Sta∣tute.

[unspec 26] The print touching the Constable,* 1.111 and Marshall cap. 2. agrees with the Record altogether,* 1.112 quod nota.

The Commons in the same motions required, that the Constable of Dover should hold no forrein plea,* 1.113 done in Kent,* 1.114 unless the same concerned the Ward of the same Castle.* 1.115 Whereunto was answe∣red,* 1.116 that sith the same touched the Kings Inheritance,* 1.117 the King would send for his Ministers of the same Castle, and take order therein.

[unspec 27] They require that no man do wear any mans Cloth or Badge, unless he be daily in his Houshould.* 1.118

The King will be advised.* 1.119

[unspec 28] The print touching Serjeants at Arms cap. 6. agreeeth not alto∣gether with the Record.* 1.120

[unspec 29] That no man do give any Livery but to his houshould servants,* 1.121 and that no Livery be given by colour of any Fraternity.* 1.122

The King will be advised.* 1.123

[unspec 30] That neither the Chancelor or other Chancelor,* 1.124 do make any order against the Common Law;* 1.125 nor that any judgement be given without due process of Law.* 1.126

The usage heretofore shall stand,* 1.127 so as the Kings Royalty be saved.* 1.128

[unspec 31] That every Sherriff may be allowed for liberties granted out of their Bailywick according to the rate.* 1.129

The King willeth that upon examination of how much his Pro∣genitors gave away by his Councell,* 1.130 they should make allowance to them accordingly.

The print touching Provisions from Rome,* 1.131 in the second Statute as the print is (though untruly) cap. 2. swerveth from the Record, by wanting this viz. That if he be another of base degree, he shall pay to the King the value of his Benefice for which such prayer was made, and suffer imprisonment for one year (which note well.) * 1.132

That no person do appear upon any Writ of quibusdam certis de causis, before the Chancellor,* 1.133 or any other the Councell,* 1.134 where recovery is thereof given by Common law.* 1.135

The King willeth,* 1.136 as his Progenitors have done, saving his Regality.* 1.137

[unspec 34] The print touching the circuit of the Marshalls jurisdiction cap. 2.3. agreeth with the Record.* 1.138

[unspec 35] The print touching the Clark of the Market cap. 4. agreeth with the Record.* 1.139

Page 334

[unspec 36] The print touching Charters of Pardon,* 1.140 in the second Statute as the print is, though untruly cap. 1. agreeth with the Record.

[unspec 37] For certain causes it is enacted, that the Staple should continue at Callice untill the Feast of St. Andrew then ensuing.* 1.141

[unspec 38] The print touching Labourers cap. 8. agreeth with the Record,* 1.142 rehearseth the Statute made 22. E. 3. where the print is in 25. E. 3. which is true, and yet swerveth from the Record, quod nota

[unspec 39] The print, that he in the reversion shall be received cap. 17. agreeth with the Record,* 1.143 onely the Record, to this word (delaies) in the print,* 1.144 hath annexed, whatsoever, which the print wanteth, quod nota.

[unspec 40] The print touching Justices of the peace cap. 7. agreeth with the Record,* 1.145 that only the Record hath next to, sworn,* 1.146 as it is in the print (duely, and without favour,) which the print wanteth, quod nota.* 1.147

[unspec 41] The print touching the Admirall Cap. 5. agreeth with the Re∣cord.* 1.148

[unspec 42] The print touchiug weights and measure,* 1.149 Cap. 9. agreeth with the Record, only the Record is Cod Caude, where the print is Cot∣gare quod nota.

[unspec 43] * 1.150That the Popes Collector be commanded to avoid the Realm within orty daies, or else to be taken as the Kings enemy;* 1.151 and that every such Collector from henceforth may be an Englishman, and sworn to execute the Statute made in this Parliament.* 1.152

* 1.153The King will be thereof advised.

[unspec 44] * 1.154The print touching the bringing in Romish Merchandize, in the second Statute of this year in print, cap. 3. agreeth with the Record.

[unspec 45,] That every man may complain of the opressions of what person or estate soever,* 1.155 without the incurring the pain of the Statute made at Gloucester in the second year of the King.

* 1.156Every man may complain according to the Law.* 1.157

[unspec 46] The King pardoneth to the Commons of Northumberland,* 1.158 Cumberland,* 1.159 and Westmerland all Fines,* 1.160 Issues and Amerciaments,* 1.161 Arrerages of Fifteens, and such like.

[unspec 47] It is nacted, that the Merchants and Artificers of Worsted in Norfok,* 1.162 may carry and sell their single Worsted to any place, or persons, being of the Kings amity, notwithstanding any inhibiti∣on, or libertie to the contrary.* 1.163

[unspec 48,] The print touching Shoomakers cap. 12. agreeth in manner with the Record.* 1.164

[unspec 49,] The print touching Clothes of Ray cap. 10. agreeth with the Record.* 1.165

[unspec 50,] The print touching Cognizance cap. 14. agreeeth not fully with the Record.* 1.166

[unspec 51] * 1.167At the request of the Commons of the town of Cufford, it was inacted that the Water-Bailiff of Callice should only take four pence Custome of every Boat,* 1.168 coming with Victualls from the

Page 335

same town, and not six pence as they then took.

[unspec 52,] That every Constable may have the weighing of Woolls accor∣ding as it is there prescribed.* 1.169

The King granteth to,* 1.170 but for certain considerations the execu∣tion was suspended till further deliberation.* 1.171

The print touching Clothes,* 1.172 cap. 11 agreeth not with the Re∣cord, for the print to these words, upon a certain pain, hath anex∣ed, to be limited by the Iustices of the Peace, which the Record hath not quod nota.

[unspec 54,] They prayen that the Bounds between Holland and Kestiven there named,* 1.173 may be by Commission onely inquired of,* 1.174 bound∣ed out, which was granted, and enacted that it shall so be.

That no other Custome than three pence,* 1.175 be demanded of every Kersies passage out of the Realm,* 1.176 according to the old usage.

[unspec 56] Let it be so till the next Parliament, between which time the King will be better advised. * 1.177

Sundry Counties bordering upon Wales, require remedy as it is there contained, against misdemeanours of the Welchmen.* 1.178

[unspec 57:] The King will charge,* 1.179 by treating with the Lords,* 1.180 Merchers to provide remedy therein.

It is enacted that every man shall Cocquet his Woolls under his own name upon the pain contained in the eighteenth year of King E 3.* 1.181

The print touching Artifficers,* 1.182 not to keep any Grey-hound &c. cap. 13. agreeth with the Record in effect, but not in forme.

[unspec 59:] The print touching Collation and Presentment cap. 1. agreeth not with the Record in the end of the same,* 1.183 for the Statute hath as followeth, And further the King willeth, that no ratification granted for the Incumbent, after that the King hath presented, and commeced hs suit, shall be allowed, hanging, nor after judgement shall be fully executed, as reason demandeth; which the print wan∣teth, quod nota.

[unspec 60:] This being done the Chancellour,* 1.184 where the King was present, willed the Knights and Burgesses to sue forth their Writs, and so the Parliament ended,* 1.185 the day of March.

Of the print cap. 15. touching the Kings Castles and Gaoles,* 1.186 there is no mention made in the Records of this year.* 1.187

Of the print cap. 18. touching the Bishop,* 1.188 Dean and Chapter of Lincoln it is confirmed before tit. 13.

Of the print cap. 19. touching Salmon sewes,* 1.189 is no mention made in the Record.

Of the print cap. 20. touching Pilgrims,* 1.190 is no mention made in the Record.

Notes

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