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 ...

The Parliament holden at WESTMINSTER in the Quindena of St. HILLARIE in the Sixteenth year of the Raign of King RICHArD the 2.

[unspec 1]

ON Tuesday the Quindene of St. Hillary the Parliament for certain causes was adjourned untill the next day ensuing.* 1.1 At which day the Archbishop of Yorke Chancellor of England,* 1.2 by the Kings appointment in his presence declared,* 1.3 that the Parliament was called.* 1.4 First that all Bishops, Lords, and Corporations should enjoy their Liberties.* 1.5 He further sheweth that the same was called for three principall causes. The First for the observation of the Peace.* 1.6 The Second for Wars,* 1.7 which by assent of Parliament were begun. The Third how charges might be levyed for the Defence of Guienne,* 1.8 Callice,* 1.9 Ireland,* 1.10 and Scotland.* 1.11

Receivers of Petitions for England, Ireland, Wales, and Scot∣land.

[unspec 2] Receivers of Petitions for Gascoine,* 1.12 and other places beyond the Seas, and of the Isls.

[unspec 3] Tryars of Petitions for England, &c. as above.

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

[unspec 5] [unspec 6] The Thursday after the Commons presented to the King in full Parliament, Sir Iohn Bussey for their Common Speaker,* 1.13 who made the Common Protestation,* 1.14 which being thought reasonable, was allowed.

The Petition of the Deane,* 1.15 and Chapter of Lichfield, a∣gainst the Prior of Newport Pannell for want of good matter was quailed.

[unspec 8] The Petition of Iohn Sheepy Clarke for the like cause was also quailed.* 1.16

[unspec 9] The Petition of Edmund Basset was continued untill the next Parliament.* 1.17

Iohn de Windsor complaineth, and requireth to be restored to the Mannours of Rampton,* 1.18 Cottenham, and Westwick, with their ap∣purtenances in the County of Cambridge, the which were adjud∣ged to him by the Kings awarde,* 1.19 then being in the possession of Sir Iohn Lisley, and now withholden by Sir Richard le Scroope, who by Champertie bought the same.* 1.20 The cause was this upon the Petition of Windsor against Lysley, they both compremitted the matter to the Kings Order; the King committeth the same to the Councell,* 1.21 they digesting of the same made a Decree for Windsor under the Privy Seale,* 1.22 they sent Warrant to the Chancellor to confirme the same,* 1.23 which was done under the Great Seal by a speciall Injunction to Lysley,* 1.24 and a Writ to the Sheriffs to execute the same;* 1.25 After this Lysley by Petition to the King requireth,* 1.26 that the same might be determined at the Common Law,* 1.27 nothwithstan∣ding

any former matter. The King accordingly by Privy Seale giveth Warrant to the Chancellor to make a Supersedeas,* 1.28 the which was done by Privy Seale. After which Sir Richard le Scroope bought the same upon the ripping of the whole matter; this sale was thought no Champertie:* 1.29 whereupon it was adjudged that the said Windsor, should take nothing by his suite, but to stand to the Common Law,* 1.30 and that the said Richard should goe without delay.

[unspec 11] Richard Earl of Arundell,* 1.31 declared to the King in the presence of certain Lords, that he had certain conceptions to utter touching the Kings Honour.* 1.32 First, that he thought it not honourable for the King to suffer the Duke of Lancaster to goe Arme in Arme with him.* 1.33 Secondly, that it beseemed not the Dukes men to wear the same colour of Liverie that the Kings did.* 1.34 Thirdly that the Duke in place of Counsell,* 1.35 and Parliament spake such bitter words; as the said Earl, and such like durst not frankly to utter their minds. Fourthly it was much against the Kings profit to give to the said Duke the Dutchy of Guienne.* 1.36 Fiftly touching the great Mass of money given to the Duke for his voyage into Spain,* 1.37 and touching the Peace by him lately taken.* 1.38

Unto all which after the King had answered, and justified it to be good,* 1.39 it was awarded by the King,* 1.40 by the assent of all the Lords, that the said Earl in full Parliament,* 1.41 should say to the said Duke, these words following, viz.

Sir sith that it seemeth to the King, and other Lords, and eke that each here hath been so mickle grieved, and dis∣pleased by my words, It forethinketh, and I beseech you of your grace, and Lordship to quite me your man tallant.

The which the said Earl in the presence of the King, and Lords did speake.

[unspec 12] The Lords, and Commons grant to the King for three years six pence of every pound of Merchandize, and eighteen pence of every Tun of Wine coming in,* 1.42 or going out of the Realm, upon condition, that after Peace taken with the French,* 1.43 the same should cease.

[unspec 13] William Leygrave of Bristoll sheweth,* 1.44 that where he recovered against Iohn Cherleton, and others certain Lands in Bristoll by an Assize of Fresh force before the Mayor,* 1.45 and Bayliffs there,* 1.46 the which without Warrant was reversed in the Kings Bench by a Writ of Error,* 1.47 he prayeth the reversall of the said Judgement. Whereupon was granted unto him a scire facias,* 1.48 upon his Case against the said Charleton, to be and abide the Order of the next Parliament,* 1.49 and that the whole Record,* 1.50 and proofs should then be there.

[unspec 14] [unspec 15] And note that in this and all the like Cases, where any for Error requireth the reversall of any Judgement in the Kings Bench,* 1.51 he sheweth in his Bill some especiall point of Error,* 1.52 whereupon a scire facias is now granted. * 1.53

[unspec 16] There was granted to Iohn Sheepy Clerke a new scire facias as in the 16 R. 2. tit. 18. * 1.54

The like was granted to the Deane and Chapter of Litchfield as there tit. 17.

[unspec 17] The King, Lords, valiant Knights and Justices in the Parlia∣ment assented to a Peace,* 1.55 so as the King do no Homage;* 1.56 So as al∣so the Liberties of the Kings Person,* 1.57 of the Realme, and of the Subjects be saved, and so as the King upon breach of Peace may resort to the title,* 1.58 and right of the Crown of France; And further that such moderations may be made, as that no contestation be like to ensue.

[unspec 18] The Commons being moved of the same Peace,* 1.59 declare by Sir Iohn Bussey their Speaker, that the same passed their Capacity,* 1.60 and therefore they referred themselves to the King,* 1.61 and Lords and Councell; And the rather for that the Lords, and Councell affir∣med, that these words [Homage,* 1.62 Soveraigntie,* 1.63 and resort] con∣teined in the Indenture of Peace,* 1.64 should be moderated in this wise. That [Homage] should be done, and have relation to the Dutchy of Guienne,* 1.65 and in no wise touching the Crown,* 1.66 and Realme of England. And that touching [resort] the King at all times, for breach of Peace on the French part might resort to the Crown, and right of France.* 1.67

Sundry of the Bishops, and Lords in this Parliament assented, that the King might shew favour,* 1.68 and pardon to the late Justices banished into Ireland, touching their returne, whereof the Com∣mons being demanded make the like answer,* 1.69 so as they incur not the breach of their Oath,* 1.70 and Conscience by the Statute therefore made.

William de Cullwen Knight, being outlawed in the Kings Bench at the suit of Robert de Louthe in an appeal of murder,* 1.71 for the death of Iohn-de Louthe, for certain errors therein,* 1.72 prayeth reversall thereof: whereupon he had awarded him a scire facias,* 1.73 upon his Case against the said Robert, returnable in the next Terme, and therewithall to have there the whole Process and Record.* 1.74

Iohn Duke of Guienne and Lancaster,* 1.75 Steward of England, and Thomas Duke of Gloucester Constable of England, complain to the King that Sir Thomas Talbot Knight,* 1.76 with others his adherents, conspired the deaths of the said Dukes in divers parts of Cheshire,* 1.77 as the same was confessed, and well known; and prayen, that the Parliament may Judge of the fault.* 1.78 Whereupon the King,* 1.79 and the Lords in the Parliament adjudged the same fact to be open, and high Treason;* 1.80 And thereupon they awarded two Writs, the

one to the Sheriffs of Yorke,* 1.81 and the other to the Sheriffs of Der∣by, to take the body of the said Sir Thomas returnable in the Kings Bench,* 1.82 in the Moneth of Easter then ensuing. And open Procla∣mation was made in Westminster Hall,* 1.83 that upon the Sheriffs re∣turne, and at the next coming in of the said Sir Thomas, the said Thomas should be convicted of Treason,* 1.84 and incur the loss,* 1.85 and pain of the same.

[unspec 21] And all such as should receive him after the Proclamation should incur the same loss,* 1.86 and pain.

[unspec 22] It was enacted by the Lords, and Commons that Tydeman, late Abbot of Beaulewi, and elect of Landaffe by the Popes provi∣sion,* 1.87 should enjoy the same Bishoprick, notwithstanding any Act so alwaies as this be taken for no example.* 1.88

[unspec 23] It was enacted, that Roger de Swiuerton, who was Indicted for killing of Iohn Ipston his Companion,* 1.89 and one of the Knights of Stafford, be in no wise let to Mainprise untill he be brought to answer.* 1.90

[unspec 24] It is enacted that in all Commissions of the Peace be appointed two learned in the Law;* 1.91 to proceed to the deliverie of Felons, as oft as need shall require.

It is enacted, that the Aldermen of London,* 1.92 shall not from hence∣forth be yearly chosen, but remain till they be put out for reaso∣nable cause, notwithstanding the Ordinances of E. 2. and E. 3.

[unspec 26] It is enacted, that it is not the Kings meaning, or intent, nor meaning of the Statute made in the 28 E. 3. tit. 26. that the May∣ors, Sheriffs, and Aldermen of London,* 1.93 that now are, heretofore have been, or hereafter shall be, should incur, or bear the pain con∣tained in the said Statute of 28 E. 3. tit. 26. for any erronious Judgement given,* 1.94 or to be given in the said City.

[unspec 27] It is enacted, that the men of the Ward of Farrendon within London,* 1.95 may choose an Alderman for the rule there, and that the Inhabitants of Farrendon without,* 1.96 may likewise choose an Alder∣man for the rule there,* 1.97 both of which Aldermen shall continue as above.

And note that these their last Acts,* 1.98 were enacted by the King, by the assent of the Lords onely.

Petitions of the Commons, with their Answers.

[unspec 28] IT is enacted, that the Church do enjoy all her Liberties;* 1.99 And that all Statutes not heretofore revoked shall be ob∣served.* 1.100

[unspec 29] That no man sue any Writ of Conspiracie out of the Shire,* 1.101 or Libertie.

The Chancellor shall provide remedy for the grieved by Super∣sedeas,* 1.102 or otherwise.

[unspec 30] That the words [Silva Cedua] be declared and expounded,* 1.103 what age the same shall be tithed.* 1.104

As it hath been heretofore.

That the Statutes touching Serjeants at Arms,* 1.105 made in the thir∣teenth may be executed.

That no Serjant in any City,* 1.106 or Town do carry his Mace out of the Liberty of the same.* 1.107

To this motion was no answer made.* 1.108

[unspec 32] That remedy may be had against such Religious Persons,* 1.109 as cause the Villains to Marry free women inheritable,* 1.110 whereby the Lands come to those Religious hands by collusion.

There is sufficient remedy provided by the Statute.

[unspec 33] That any Statute Merchant,* 1.111 Recognizance,* 1.112 or Obligation made to any adjudged in the 11 R. 2. to other than their own uses may remain to the very uses.* 1.113

The King will be advised.

[unspec 34] That the vent,* 1.114 or sale of Tyn may be at Lostwithiell In Cornwall, * 1.115 and shall not continue at Callice,* 1.116 notwithstanding the Councell may grant Licence to Merchants to carry the same Tyn to what parts they will;* 1.117 as to them shall seem good.

That Chimniage be not taken in any Forrest,* 1.118 but of such as carry any Commodities thereout to sell, and that by Forresters of Fees.* 1.119

The Statutes shall be observed,* 1.120 and the grieved upon complaints shall finde remedy.

[unspec 36] That every Merchant may sell his Merchandize in any Port in gross or retayle,* 1.121 paying therefore Custome according to the quantitie,* 1.122 and rate.

The King will be advised.* 1.123

[unspec 37] It is enacted, that if any man be Arrested, or Imprisoned against the forme of the great Charter,* 1.124 that he be brought to his answer, and have right.

The print touching half pence,* 1.125 Cap. 1. agreeth with the Record in effect, but not in forme.

[unspec 39] The print touching the carrying of Corne out of the Realme, * 1.126 Cap. 7. agreeth in effect with the Record but not in forme.

[unspec 40] The King at the request of the Commons of Kent,* 1.127 granted that the Collectors of all Tenths,* 1.128 and Fifteens within the said County, and their Successors, shall Accompt in the Exchecquer by the names of Hundreds and not of persons,* 1.129 nor of Towns, so as the King be answered of as much as his Grandfather was, notwithstan∣ding any accompt.

[unspec 41] The print touching Kersies Cap. 2. hath put to sale,* 1.130 more than the Record warranteth,* 1.131 quod nota.

[unspec 42] The print touching Worsted Cap. 3. agreeth with the Record. * 1.132

[unspec 43] That sufficient persons be presented to Benefices,* 1.133 who may dwell on the same, so as their flock for want thereof do not perish.

The King willeth that the Bishops,* 1.134 to whose Office the same be∣longeth, do their duties.* 1.135

[unspec 44] This title is of no great force.

[unspec 45] That remedy may be had against the Officers of London,* 1.136 who newly exact of divers bringing any Cattle into Smithfield,* 1.137 the third Beast.

* 1.138The Mayor, and Sheriffs of London shall answer the same be∣fore the Councell.* 1.139

[unspec 46] That remedy may be had against the Abbots of Colchester,* 1.140 and Abingdon, who in their Towns of Colchester, and Culvelin clayme to have Sanctuary.* 1.141

* 1.142They shall shew their Liberties before the Councell,* 1.143 who shall take Order therein.

[unspec 47] Certain Counties pray remedy against the particular surchar∣ging of Sheriffs.* 1.144

* 1.145The Kings Councell have full power to mitigate the same.* 1.146

[unspec 48] Sundry Towns of the West part praying remedy against the Officers of the Admiralty,* 1.147 for holding Plea of matters determi∣nable at the Common Law; the which they pray may be revoked.* 1.148

* 1.149The Chancellor by the advice of the Justices,* 1.150 upon the hearing of the matter, shall remit the matter to the Common Law,* 1.151 and grant prohibition.* 1.152

[unspec 49] That nothing be levyed of the Subjects, by vertue of green Waxes out of the Exchecquer,* 1.153 unless the cause be in the same de∣clared.

* 1.154The Statutes therefore made shall be observed.

[unspec 50] Certain Towns of the West praying, that they may have pas∣sage of Wools into Normandie,* 1.155 and that the Normans may dis∣charge their Wares at Southampton.* 1.156

* 1.157Let them repair to Callice as it is appointed.* 1.158

[unspec 51] The print touching damages in the Chancery,* 1.159 Cap. 6. agreeth with the Record.

[unspec 52] [unspec 53] The print touching Mault Cap. 4. agreeth with the Record,* 1.160 one∣ly the Record hath [herth] the which the print wanteth, quod nota.

[unspec 54] * 1.161 The print touching Searchers Cap. 5. agreeth with the Record in effect, but not in forme.

[unspec 55] The Parliament ended on Wednesday the 6th. of March.* 1.162

* 1.163The print Cap. 9. touching Justices of the Peace agreeth with the Record, as appeareth before tit. 24.

Of the print Cap. 8. touchi••g unlawfull Games,* 1.164 assem∣blies, and 9th. touching Salmon Sewes,* 1.165 there is no mention made in the Record.

Notes

• * 1.1

  Pa••liamen•• ••••••jou••ned.
• * 1.2

  Chancellour.
• * 1.3

  K••ng.
• * 1.4

  Causes of Par••••••••ment.
• * 1.5

  L••berties to be en∣joyed.
• * 1.6

  Peace kept.
• * 1.7

  Wars begun by by assent in Par∣liament.
• * 1.8

  Monys for de∣fence of Guienne.
• * 1.9

  Callice.
• * 1.10

  Ireland.
• * 1.11

  Scotland.
• * 1.12

  Petitions.
• * 1.13

  Sir Iohn Bussey Speaker presen∣ted.
• * 1.14

  Protestation al∣lowed.
• * 1.15

  Pet••tion quashed.

  [unspec 7] Error.
• * 1.16

  Petition quashed.

  Error.
• * 1.17

  Petition.

  Error.

  Continuance.
• * 1.18

  Petition.

  [unspec 10] Restitution to Lands.
• * 1.19

  Kings award.
• * 1.20

  Champerty.
• * 1.21

  Kings Councel.

  Reference.
• * 1.22

  Decree.

  Privy Seal.
• * 1.23

  Chancellor con∣fi••ms an award.
• * 1.24

  Great Seal.

  Injunction.
• * 1.25

  Writ of Execution
• * 1.26

  Petition.
• * 1.27

  Common Law.
• * 1.28

  Privy Seal.

  Supersedeas.
• * 1.29

  Champ••rty.
• * 1.30

  Judgement.

  Common Law.
• * 1.31

  Ri•• Earl of Arun∣del his accusation against the D. of Lancaster.
• * 1.32

  K••ngs Honour.
• * 1.33

  Du. of Lancasters arrogancy.
• * 1.34

  H••s Livery the s••me with the Kings.
• * 1.35

  Menac••ng words in Councils and Parliament.
• * 1.36

  Kings disprofit.

  Du••chy of Guienne
• * 1.37

  Mass of money for his Spanish voy∣age.
• * 1.38

  Peace made.
• * 1.39

  The Duke justi∣fied.
• * 1.40

  Award by King and Lords.
• * 1.41

  Pardon craved for words in Parlia••ment.
• * 1.42

  Tunnage and Poundage gran∣ted.
• * 1.43

  To cease if Peace made.
• * 1.44

  B••istoll.
• * 1.45

  Assize of Fresh-force.
• * 1.46

  Mayor and Bay∣liffs of Bristoll.
• * 1.47

  Error.
• * 1.48

  Error in Parlia∣ment.

  Scire facias.
• * 1.49

  Next Parliament.
• * 1.50

  Record.
• * 1.51

  Speciall Erro•• as∣signed.
• * 1.52

  Error.
• * 1.53

  Scire facias.
• * 1.54

  Error.

  〈◊〉〈◊〉 faci••••.
• * 1.55

  Pe••ce ass••nied to with France by Parliament upon condit••on.
• * 1.56

  King to do no ho∣mage.
• * 1.57

  King•• and Realme L••be••t••es sav••d.
• * 1.58

  Kings Title.
• * 1.59

  Commons Decla∣ration by their Spe••k••••.
• * 1.60

  Peace passeth t••••eir capacity.
• * 1.61

  They r••fe•• them∣••••lv•••• to the King and Councel.
• * 1.62

  Homage.
• * 1.63

  Sovera••gnty.
• * 1.64

  Resort.
• * 1.65

  Homage for Guienne.
• * 1.66

  Crown of England.
• * 1.67

  King•• Title to France.
• * 1.68

  Kings favour to the Justices bani∣shed into Ireland.

  [unspec 19] Revocation.
• * 1.69

  Commons An∣swer.
• * 1.70

  Breach of Oath.
• * 1.71

  Outlawry.

  [unspec 20] Appeal of mur∣ther.
• * 1.72

  Error in Parl••a∣ment.
• * 1.73

  Scire facias.
• * 1.74

  Process.
• * 1.75

  Iohn Duke of Lan∣caster Steward of England.
• * 1.76

  Sir Th. Talbot.
• * 1.77

  Conspiring their deaths. Treason.
• * 1.78

  Parliament to Judge thereof.
• * 1.79

  Kings and Lords Judges in Parlia∣ment.
• * 1.80

  Declares of what is Treason.
• * 1.81

  Writs to the She∣riff.
• * 1.82

  Capill•• returnable in K••ngs Bench.
• * 1.83

  Proclamat••on.
• * 1.84

  Conviction of Treason.
• * 1.85

  Forfeiture.
• * 1.86

  Receiving a Tray∣tor T••eason.
• * 1.87

  Popes Provisions allowed to the Bi∣shop••ick of Lan∣daffe.
• * 1.88

  No•• obst••nt••.

  No example.
• * 1.89

  Knight of Parlia∣ment slain.
• * 1.90

  Previledge.

  No mainprise.
• * 1.91

  Commissions of Peace.

  Lawyers bound.

  G••ol of delivery.
• * 1.92

  Aldermen of Lon∣don.

  Election.

  [unspec 25] Non obstante.
• * 1.93

  London.
• * 1.94

  Erronious Judge∣ment.

  Mayor.

  Sheriffs.

  Aldermen.

  Penalty.
• * 1.95

  London.
• * 1.96

  Farrendon Ward.
• * 1.97

  Aldermen elected.
• * 1.98

  Act by the King and Lords alone.
• * 1.99

  Churchus Liber∣ties.
• * 1.100

  Statutes observed.
• * 1.101

  Conspiracy.

  County.
• * 1.102

  Res.

  Chancellour.

  Sup••rsed••as.
• * 1.103

  Silva Cedua de∣clared.
• * 1.104

  Tithes.
• * 1.105

  Res.

  [unspec 31] Serjeants at Arms.
• * 1.106

  Serjeants.
• * 1.107

  Maces.

  Liberties.
• * 1.108

  Collusion.
• * 1.109

  Religious persons.
• * 1.110

  V••llaines.

  Marriage.

  Mortmain.
• * 1.111

  Res.
• * 1.112

  Recognizances.
• * 1.113

  Obligation.

  Vses.
• * 1.114

  Res.
• * 1.115

  Tinne.

  Lostwithiell.
• * 1.116

  Callice.
• * 1.117

  Kings Councel.

  License.
• * 1.118

  Chimniage.

  [unspec 35] Forrest.
• * 1.119

  Forresters.
• * 1.120

  Res.
• * 1.121

  Merchants M••r∣chandize.

  Fr••e sale.
• * 1.122

  Custome.
• * 1.123

  R••s.
• * 1.124

  Imprisonment.

  Great Charter.
• * 1.125

  Mony.

  [unspec 38] Half pence.
• * 1.126

  Corne transpor∣ted.
• * 1.127

  Commons request Kent.
• * 1.128

  Collectors of Tenth.
• * 1.129

  Account.

  Exchecquer.
• * 1.130

  Kersies.
• * 1.131

  Variance.
• * 1.132

  Worsted.
• * 1.133

  Benefices.

  Sufficient persons.

  R••sidence.
• * 1.134

  Bishops Office.
• * 1.135

  Res••.
• * 1.136

  London.
• * 1.137

  Officers Exacti∣ons.

  Smithfield.
• * 1.138

  Res.
• * 1.139

  Councell.
• * 1.140

  Abbot of Colchester and Abingdon.
• * 1.141

  Sanctuary.
• * 1.142

  Res.
• * 1.143

  Liberties.

  Councell.
• * 1.144

  Sheriffs allowance
• * 1.145

  Res.
• * 1.146

  Kings Councell.
• * 1.147

  Admiralty.
• * 1.148

  Jurisdiction.

  Common Law.
• * 1.149

  Res.
• * 1.150

  Chancellor••

  Justices.
• * 1.151

  Common Law.
• * 1.152

  Prohibition.
• * 1.153

  Green Wax.

  Exchecquer.

  Certainty.
• * 1.154

  Res.
• * 1.155

  Passage of Wools.
• * 1.156

  Normans.

  Southampton.
• * 1.157

  Res.
• * 1.158

  Callice.
• * 1.159

  Dammages.

  Chancery.
• * 1.160

  Mault.
• * 1.161

  Searche••.
• * 1.162

  Parliament ends.
• * 1.163

  Justices of Peace.
• * 1.164

  Printed acts not in the Roll.

  Vnlawfull Games.
• * 1.165

  Salmon••