Anno Primo Richardi Secundi. Rex &c. Charissimo Avunculo suo Johanni Regi Ca∣stellae & Legionis, Duci Lancastriae salutem, apud Westmonasterium, Quindena Michael, Teste Rege quarto die Augusti.
- Consimiles Literae subscript.
- EDwardo Com. Cantarbr.
- Ricardo Com. Arundel.
- Thomae de Woodstock Com. de Buck. & Constab. Angliae.
- Edwardo de Mortuo mari Com. Marchiae.
- Tho. de Bello Campo Com. War.
- Hugoni Com. Staff.
- Gilberto Humfravil Com. Anegos.
- Willielmo de Ufford Com. Suff.
- Willelmo de Monteacuto Com. Sarum.
- Henrico de Percy Com. Northum.
- Johanni de Mowbrey Com. Not∣tingham.
- Guischardo Com. Huntington.
- Jacobo de Audley de Heleith.
- Willielmo de Latymer.
- Willielmo Bardolfe de Wermegay
- Rado Basset de Drayton.
- Guidoni de Brian.
- Rogero de Bello Campo.
- Johanni de Clinton.
- Gilberto Talbot.
- Willielmo de Botreaux.
- Johanni de la War.
- Henrico de Scroope.
- Johanni de Nevil de Raby.
- Hen. de Ferrariis de Groby.
- Thomae Roos de Hamelack.
- Ricardo de Stafford.
- Johanni Gray de Codenote.
- Hen. Gray de Wilton.*
- Reginaldo Grey de Ruthin.
- Nicol. Burnel.
- Williel. la Zouch de Harringworth.
- Rogero de Clifford.
- Almarico de Sancto Amando.
- Johanni Butstort.
- Johanni Lovell.
- Rogero de Scales.
- Rado de Cornwal.
- Michaeli de la Pool Admiral. maris Septentrional. versus.
- Petro de malo lacu.
- Rado Baroni de Greystock.
- Waltero Fitzwalter.
- Waltero de Ferrariis de Wemme•
- Roberto Harrington.
- Willielmo Morley Chlr.
- Willielmo de Furnival.
- Willielmo de Aldeburgh Chlr.
- Johanni de Cobham de Kent.
- Hugoni de Dacre Chlr.
- Roberto de Willoughby.
- Johanni de Wells.
- Johanni de Clifton,
- Rogero dk Strange de Knowley.
- Mauritio de Berkly.
- Johanni de Arundel.
- Warrino de Insula.
- Hen. de Fitzhugh.
- Ricardo de Scroop.
- Philippo de Darcy.
Edmondo Com. Cantabr. Custodi Quinque Portuum.
Anno Primo Richardi Secundi. The Parliament holden at Westminster, in the Quindeane of St. Michael, in the first Year of King Richard the Second.
[ 1] AT the Quindean of St. Michael, being Tuesday the thirteenth of October, certain Bishops and Lords assembled at the Palace of Westminster in the Blanch Chamber there, where for that divers of the Bishops, and Lords were not come,* the Arch-Bishop of Canterbury, by the Kings commandment, adjourned the Parliament until the next day without any further declaration, willing them all to attend.
[ 2] At the which next day, as well the King as the two Arch-Bishops,* with most of the Lords and Commons assembled in the Painted Cham∣ber,* where the Arch-Bishop of Canterbury pronounced the cause of the Parliament, beginning with this Theam, Rex tuus venit tibi.
[ 3] The which his •heam he divided into three parts saying, that for three causes every friend ought to be welcomed to another, viz. if he come to rejoyce, and to be merry with his friend, for any singular benefit or good hap fallen to his friend, and therefore alledged, Et ex∣ultavit in•ans in utero ejus. Another, if the said coming were to com∣fort his friend in adversity, as it is contained in the Book of Iob. And the third, for assaying his friend in time of necessity, according to the Scripture, in necessitate probabitur amicus.
He applieth, that the King their undoubted leige Lord, was now come unto them, not for one, but for all three causes. For the first, to rejoyce with them in the great providence, and grace of God by send∣ing his person among them, not by any collateral means, or election,* but by special discent of inheritance,* and for their good wil•s was he therefore come to give them thanks.
[ 5] To visit and comfort them in their great necessity,* and adversities, He was also come, as not onely for the death of the noble King E. 3. and for the Prince his Son, but also for the great losses of them on the Sea-coasts,* and elsewhere within the Realm, done by their enemies, whereunto he now was come, not onely to proffer himself in aid, but to confirm all their Liberties,* to maintain the Laws, and Peace, to redress the contrary.
[ 6] *To assay them, He was also come as to councel with them for the depressing of the enemy, and to require aid of them, without which he could not perform the same; for all which, he willed them to con∣sult together.
[ 7] Receivers of Petitions for England,* Ireland, Wales, and Scot∣land.
[ 8] Receivers of Petitions for Gascoyn, and other Countries beyond the Seas, and of the Isles.
Page 155[ 9] Tryers of Petitions for England, Wales, and Scotland, with their places appointed.
[ 10] Tryers of Petitions for Gascoyne, &c. as above.
[ 11] The next day after Sir Richard le Scroop, Steward of the Kings House,* by the Kings commandment, in the presence of the King, Lords and Commons, rehearsed the whole matter of the Arch-Bishop, and willed them to consult thereof.
[ 12] The same day the Commons required sundry Lords and Nobles with whom they might confer,* and as chief of them the King of Castill and Aragon, and Duke of Lancaster.
[ 13] The same King and Duke kneeling before the King required to be exempted from the same choice, for that the Commons had slandered him in manner of Treason,* in which his defence he there openly before the King demanded the Combate to any person whatsoever,* or what o∣ther order the King should appoint.
[ 14] Whereupon the whole Lords and Commons with one voyce purged him,* and requested that he would use no more such words, where to the said Duke seemed to be content; but said, that the same report to set the Nobles at debate,* was no better then treason.
[ 13] After that Sir Peirce de la Mare Knight,* being Speaker of the Par∣liament, making his protestation said;* that what he had to say was from the whole House, and therefore required that if he should happily speak any thing without their consents,* that the same ought to be amen∣ded before his departure from the said place.
[ 16] He commendeth the feats of Chivalry,* and sheweth how we were thereby of all Nations renowned, and how by the decay of the same, the honor of this Realm was, and daily would much decrease.
[ 17] He further sheweth, that when Merchants were Masters of ships, * and had the free disposition of them, that then one Town in the Realm had more ships that were good, then now had the whole Realm.
[ 18] The Commons by him make three Petitions,* considering the Kings tender age. First, that it will please the King to name in the Parlia∣ment seventeen sufficient persons of all estates to be continually resident about the Affairs of the King and Realm, with others of the Kings Officers, so as they may be ascertained of their names, who shall have the disposition of such things as they shall grant towards the War.
[ 19] That their names may be known who shall be about the Kings per∣son, bringing him up in vertue, and that the Kings house may be born with the Revenews of the Crown,* and what now is to be granted to be imployed onely upon the Wars.
[ 20] That the Common Laws,* and other Statutes and Ordinances of the Law may be observed, and may not be defaced with Masterships, or sin∣gularities.
[ 21] To the first request the King assenteth, so as the Chancellor, Treasurer, Keeper of the Privy Seal, Justices of the one Bench and the other may execute their Offices without the assent of such Councel∣lors.*
Page 156[ 22] The King also by the advice of the Lords, in the same Parliament, for that one year chose nine other the like Councellors,* viz. •he Bishops of London, Carlisle, and Salisbury, the Earls of Stafford and March, Sir Richard Stafford, and Sir Henry le Scroop Baronets, Sir Iohn Deverose, and Sir Hugh Segrave Batchelors, so as well these nine as the other seven shall continue Councellors but one year, and not to be chosen during two years after.
[ 23] That no gift of the King of any thing shall be made to any of the said Councellors,* during the said year, but by the common assent of all other Councellors, or the most of them, that they take nothing o∣ther then meat and drink of small value, upon pain of losing double to the party, and sixfold so taken to the King, and that they maintain no quarrel, and that the discussion hereof be onely to the King, to his Uncles of Spain, Cambridge, and Bucks.
[ 24] That all such as sh•ll complain of such Councellors,* and not able to approve, shall incur the dangers of Accusers made in the time of E. 3.
[ 25] *That such Councellors shall be sworn in the Kings presence to observe these Orders, at which time the aforesaid Nine were sworn ac∣cordingly.
[ 26] For the appointing of such as should be about the Kings person, the Lords would not intermeddle;* and for the consideration of the Kings Houshold, the Lords would talk with the chief Officers of the same, to do therein to the Kings honor. And to the third request the Lords granted.
[ 27] The Lords and Commons granted to the King two Fifteens out of Cities and Burroughs,* and two Tenths of Cities and Burroughs, the Fifteens of all Lands whatsoever, and Tenths of all manner of goods to be levied between that and Candlemas ensuing, so as the same with the Subsidy of Woolls be imploied upon the Wars onely,* and that some might be appointed thereunto. All which was granted, saving to the King the Custom of the Woolls 15000 l. wherein he was indebted for the Wars; And thereupon William Wallworth, and Iohn Philpot, Merchants of London, were appointed the keepers of such sums to the uses aforesaid, whereto they were sworn before the King in open Par∣liament.*
[ 28] [ 29] *William de Monteacute, Earl of Sarum complaineth, that whereas E. 3. gave to William de Monteacut•, Earl of Salisbury his Father, in general tail with warranty the Castle,* Town, and Honour of Denbigh, with the Contrades of Roos, Rowenox, and Kiderminster, and the Comote of Dimnael, with the appurtenances in Wales, the which in the life of E. 3. was recovered in the Kings Bench from the said Earl by Roger of Mortimer Earl of March, Father to Edward, now Earl, by the name of the Land of Denbigh, and for that error was in the same recovery; he prayeth the exam•nation of the same Record, and restitution, vide 2 R. 2.41 & 31.
*Whereupon, Sir Iohn Cavend•sh, Chief Justice of the Kings Bench, by appointment brought out the same Record into the Parliament Page 157 there to remain until the next Parliament,* and a Scire facias awarded a∣gainst the said Edmond Earl of March then to be there, and to abide further Order.
[ 30] Sir Iohn de Cobham Knight, Son of the Countess Marshal, sheweth, that where he for seisin gave to King Edw. 3. a ring of gold or the rever∣sion of his Mannors of Wenden-hill,* Pademore, Chederoldsenry. Han∣shardzolt, Wedon in the Vale, Draiton, Beauchampe, Nesseworth, San∣dresdon, Holpesthorp, Rolvesham in the County of Bucks, •olson •n Norfolk, the good Mannor of Adington in Bucks, and Rowlston in the County of Leicester, to have all the premises after his decease to the King, and of his Heirs of the Crown; he now prayeth that accord∣ing to his intent the same may remain in the Crown.
[ 31] Whereupon the same Parliament, divers Lords and others were ex∣amined openly, who approved the gift in form a•oresaid, made to the King by delivery of a Ring of gold in the name o• seisin,* the which by all the Justices was thought to be good, and the Lands to pass thereby. Note that the examination was by their Oathes; and note that the Ju∣stices and other learned of the King avowed such surrender by delivery of a Ring to a common person to be good.
[ 32] William Fitzhug• Citizen, and Goldfiner of London, exhibited a Bill in the name of the poor Commonalty of that mystery,* thereby com∣plaining against Iohn Chichest•r, and Iohn Bolsham of the same Mystery for divers oppressions by them done to the said Commo∣nalty.*
[ 33] Whereupon the said Iohn and Iohn came into the Parliament,* and heard the same; and for that •he said William upon demand refused to avow the same Bill, he was committed to the Tower.
[ 34] One Roll containing fourteen Articles made between the King and his beloved Brother,* Iohn Duke of Britany, touching the Castle, and Signory of Brest in Britany, was read before the Lords, who agreed to all the Articles, saving to the twelfth, touching alliance, the which Roll remaineth with the Petitions of the Commons.
[ 35] Robert Hawley, and Iohn Shakell, Esq•; who had the keeping of the Son of the Earl of Doney, a Spaniard prisoner,* taken at the Battel of Na•ar, to which prisoner other made claim, and for that the said Ro∣bert and Iohn would not bring forth the said Prisoner, being thereunto willed, they were both committed to the Tower.*
[ 36] It is enacted, that all Merchants Gascoyne and English might freely transport into Gascoyne and Brest to the Kings friends all manner of Corn and other Victuals,* and also leather-Gloves, Purses and Caps, Leather-points, Shooing-horns, and such other kind of small Mer∣chandizes notwithstanding any Ordinance of the Staple, but not else∣where upon pain of forfeiture therefore, look 2 R. 2. tit. 54.
[ 37] The Staple of Woolls appointed to be kept at Guensburough is re∣voked, * and appointed to be holden at Sandwich.
[ 38] William de Weston prisoner,* brought from the Tower by the Con∣stable of the Tower, before the Lords, was demanded by Sir Richard le Scroop Knight, Steward of the Kings House, being thereto ap∣pointed Page 158 by the Lords for surrendring the Castle Outherwick in the time of King E. 3. without Commission,* where he the said VVilliam took upon him the safe keeping of the same.
[ 39] Whereunto the said William made a long Answer, and if it were true, as it was not disproved, very reasonable; notwithstanding he was for the same surrender adjudged to death,* and returned to the Tower again.*
[ 40] *Iohn de Gomeniz, was likewise brought from the Tower before the Lords, and questioned by the said Sir Richard le Scroop for surren∣dring of the Town of Ardes in the Kings time, where he took upon him the safe keeping of the same of King E. 3. whose excuse therein was disproved; whereupon the Lords gave Judgment he should die;* but for that he was a Gentleman, and a Banneret, and had otherwise well deserved, he should be beheaded, and Judgment respited untill the King be thereof informed more fully, and so returned to the Tower.
[ 41] Dame Alice Perrees was brought before the Lords, and by Sir Richard le Scroop Knight aforesaid,* charged for pursuing of matters con∣trary to the order taken in 50 E. 3. tit. 35. and namely,* for that she in the time of E. 3. procured Sir Nicholas Dagworth to be called from Ireland whether he was sent, and for that she also in the same time pro∣cured from the same King restitution for lands and goods to Richard Lyons,* Merchant of London, where the same Lands were given to the Kings own Sons.
[ 42] The same Dame denied that she pursued any such things for her sin∣gular gain; whereupon divers Officers, Councellors, and Servants to King E. 3. being examined,* proved that she made such pursuits, and in their conceits for her own private gain.
[ 43] *Then straight Judgment was given by the said Lords against the same Dame, that according to the order aforesaid she should be ba∣nished,* and forfeit all her Lands, Goods and Tenements whatso∣ever.
To say truth of the Devil, is counted commendable; and therefore certes, the Record against the same Dame being very long, proveth no such heinous matter against her; onely it sheweth, that the same Dame was in such credit with E. 3. as she sat at his beds head,* when all of the Council and of the Privy Chamber stood waiting without doors, and that she moved those suits that they dared not; and these two suits wherefore she was condemned,* seemed very honest; her mishap was, that she was friendly to many, but all were not so to her. The Record is strange and worthy of sight.
Petitions of the Commons with their Answers.
[ 44] *The Print touching the Liberties of the Church, the Great Char∣ter, and the Charter of the Forrest, cap. 1. agreeth with the Re∣cord.
[ 45] *The Print touching the Peace, cap. 2. agreeth with the Record.
Page 159[ 56] The Print touching Purveyors,* cap. 3. in part agreeth with the Record, but not in all.
[ 57] An Act agreeing with the first part of 23. tit. of this year, saving to the King his Regality,* and that Act made for Councellors in 50 E. 3. shall stand.
[ 58] That all kind of gifts made by King E. 3. whatsoever, may be exa∣amined,* and being worthily bestowed on any person, to be confirmed, or otherwise revoked.
[ 49] The Lords of the continual Council shall examine the deserts of the persons,* and do thereaft•r.
[ 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.*
The King granteth thereto.*
The Print touching maintenance,* cap. 4. agreeth in effect with the Re∣cord, but not in form.
And Act, that the Chancellor,* 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.*
[ 51] The Officers appointed for Gascoyne,* Ireland, Artois, the Marches of Scotland, keepers of the Ports and Castles may be of sufficient inheri∣tance to answer.
[ 52] The King will do therein according to the advice of his continual Council. *
[ 53] An Act whereby the King confirmeth all Liberties granted to any person or Corporation by any of his Progenitors,* in such wise as they were granted.
That such may be punished who by their own defaults have lost any Forts,* 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.*
[ 54] That the excess of Servants wages,* 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.*
[ 55] That no Mason, Carpenter, Artificer,* or Labourer do take any wages for the holy daies.
The Statutes therefore made shall be observed.*
[ 56] That the Petitions of the Commons in the 50 E. 3. whereto the Kings answer was,* 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,* and the rest the King will do according to reason.
Page 160[ 57] *That such as receive the Subsidy of Woolls, and the Tallage of Groats, granted 50 E. 3. may account in open Court before the Lords.
*Certain be appointed to examine the receits, and to make report unto the continual Council, who shall take order therein.
[ 58] That no stranger do keep any lodging within the Realm,* 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.
*To 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.
[ 59] *That 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.*
*The King would the Statute therefore provided to be kept.
[ 60] *That 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.
*The Charter, and other Statutes of the Forrest shall be ob∣served.
[ 61] *It 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.
[ 62] *That 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.
[ 63] *The King will from time to time inquire, and punish such defaults, and who will complain shall be heard.
[ 64] *The Print touching debts allowed in the Exchequer, cap. 5. agreeth in effect with the Record, but not in form.
*That 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.
*Touching 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.
[ 65] That the jurisdiction of the Marshal may be limited,* 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.
*The Marshal shall have such jurisdiction as heretofore, and who will complain shall be heard.
[ 66] That the Popes Collector be willed to gather no longer the first fruits of Benefices within this Realm,* being a very novelty, and that no other person do any longer pay them.
Page 161[ 67] That no man do procure any Benefice by provision from Rome,* upon pain to be put out of the Kings protection.
[ 68] That no Englishman do take to farm of any Alien any Ecclesiastical Benefice,* 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.*
[ 69] That religious persons buy Lands, and cause others to be in Feoffee thereof,* 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.*
[ 70] That the Lords Leets may have the punishment of Tavernors,* and that they be not disturbed, for that the Leet is within the Verge.
It is not the Article of the view of Franckpledge,* but shall be used as it hath been.
[ 71] The Mayor, Aldermen, and Commons of London pray,* 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,* and to the Bishops of Canterbury and Winchester.
[ 72] They pray that they may among themselves a Coroner chuse and refuse.*
The King cannot depart with his old right.*
[ 73] The Commons pray,* 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,* 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.*
[ 74] The Sheriffs of Bed•ord,* Bucks, Northampton, and divers other Shires being in the same predicament pray the like remedy.
The King will semblably as above deal.*
[ 75] The like motion is made as in 51 E. 3. tit. 53.
And the like answer thereto made.*
That all persons as well religious as otherwise,* 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,* saving to every man his privi∣ledge.*
[ 77] They pray remedy against the Popes reservations to dignities e∣lective, * 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,* shall see the Record, and take order therein.
[ 78] That the Chirographer shall render tenfold as much as he shall receive more then 4 s. of every fine.*
Page 162*The Statute before made shall be kept.
[ 79] That the Statute made that the next of the kin of the Kings Wards,* to whom the Lands cannot discend, shall have such Wards Lands in farm during the nonage, before any other, may be observed.
*The King granteth thereunto.
[ 80] That the Assizes sued forth in King E 3. time, may continue in force at the suit of the party.*
*There is remedy heretofore provided.
[ 81] That every Writ be as well maintainable in a Hamblet which beareth a certain known name,* as in a Town.
*The Law heretofore used shall stand.
[ 82] That a Writ of Partition may as well be maintainable between strangers,* purchasers, as between parceners, and prinuyes of blood.
*The Law as next above.
[ 83] The Print touching Feoffments upon collusion,* cap. 9. agreeth in ef∣fect with the Record, but not in form.
[ 84] *That it may be declared whether the Peter-pence shall be paid to the Popes Collectors,* or no.
*It shall be as it hath been used.
[ 85] *That 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.*
[ 86] As it hath been so shall it be.
*That 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.
[ 87] That no suit between any patties be ended before any Lords,* or others of the Council, but before the Justices onely.
The King granteth thereto.
[ 88] * The Print touching Villains Lands,* Tennants, and the book of Dooms¦day, cap. 6. agreeth with the Record in effect, but not in form.
[ 89] That such as have been broken in the Wars, and others passing the age of sixty years may be exempted for being Escheator,* 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.*
[ 90] That every man have the priviledge of the Clergy,* notwi•hstanding the exception of Bigamy.
The Law therefore used shall stand.
[ 91] * That all Aliens,* 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.
*The 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,* and such as be married, or in house with Noblemen, find∣ing good surety •or their good behaviour.
Page 163[ 92] The Print as touching Retaining and Liveries,* cap. 7. agreeth in ef∣fect with the Record, but not in form.
[ 93] That if notorious felons be committed to the Bishops prison,* the same Bishop may more narrowly look to their purgation.
[ 94] The King hath so willed them,* 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.*
It shall be as it hath been used.*
[ 95] That a Parliament may be yearly holden in convenient place,* to redress delays in Suits, and to end such Cases as the Judges doubt of.
It shall be as it hath been used.*
[ 96] That justice be not deferred upon letters passing under the privy Seal,* or privy Signet.
That Statute therefore made shall be kept.
The Print touching Protections,* cap. 8. in effect agreeth with the Re∣cord, but not in form.
Note that the Commons by their Petition required,* 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.*
[ 98] They require to know where the Staple should be if happily Calice should be besieged;* and that in such distress the Merchants amongst themselves might levy impositions for the safe transporting of their goods.
[ 99] To the first,* It shall be in such places of the Realm as was last used; to the second, let them then make means to the Council,* and they shall be heard.
[ 100] The King confirmeth the pardon made to the Bishop of Winchester,* who was excepted in the last pardon of King E. 3.
They pray that such as in their Charters have Conuzance of all pleas,* 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,* and the allowance heretofore made.
[ 101] That no manner of Eyer or Trailbaston be holden during the War,* or twenty years within the Realm.
The King will be advised.*
[ 102] That the Bishops and Clergy may pay to the Tallage,* 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,* or which they have purchased since the twentieth year of King E. 1.
[ 103] The print touching the general pardon of King E. 3. cap. 10. agreeth with the Record.*
[ 104] The print touching Sheriffs,* cap. 11. agreeth with the Record.
Page 164*Note the Commons moved to have had the Escheator in the same case, which was denied.
[ 105] That the errors of the Exchequer may be redressed in the Kings Bench,* or Parliament.
[ 106] That no ship,* Boat or other Vessel be forfeited as a Deodand,* where any person by falling out is drowned.
The King will shew favour to such as seek the same, saving his Re∣gality.
*The print touching prisoners in the Fleet,* 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.)
[ 108] That the Ordinaries do receive of the people no pecuniary pains,* but inflict them with spiritual pennance.
The King hath charged all Ordinaries to do according to the Laws of the Church,* and not otherwise.
That it may be certainly appointed what Ordinaries shall take for the probate of a Testament,* and making of the Acquittance.
[ 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.*
[ 110] The King will do therein by the advice of the great Coun∣cil.*
[ 111] That none of the Parliament be appointed Collectors of any thing granted now;* 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.*
The Petitions of the Clergy with their Answers.
[ 112] That it will please the King to retain such Councellors and Ser∣vants as may be proved to be honest,* and of good skill, and not co∣vetous.
[ 113] That the King will confirm to the Clergy all their Liberties without any fine paying therefore.*
*The King will charge his Councellors to be as good as he may.
[ 114] That the Clergy be not impeached before any Temporal Judge, for obeying the Ordinances of their Ordinaries.*
The King would the same, so as the same do not prejudice his person, Crown,* or Laws of his Land.*
[ 115] That the Clergy upon every temporal suggestion is arrested into the Marshalsey,* and payeth for his discharge 6 s. 8 d. where a Lay man payeth onely 4 d.
*Let the grieved complain to the Steward of the Kings Houshold, and he shall have remedy.
Page 165[ 116] That Purveyors and builders do take of the provision of the Clergy,* and enforce them to make carriages against their Liber∣ties.
The Statutes therefore made shall be kept, with this adjunct, that for as much as Clerks cannot have their remedy therefore, as the Statute would, that therefore they shall have their Actions against such Purvey∣ors by way of Trespass,* and thereby recover treble damages mention∣ed in the Statute.
The Sheriffs and Escheators with their Wives and Servants,* and horse, do over-charge poor religious houses, and over that do exact great sums of money of them.
[ 118] The Statutes therefore made shall be observed. *
The print touching Tithes and Oblations cap. 13. doth in part agree with the Record,* but not altogether (quod nota.)
[ 119] That upon consultation granted of a pension brought by one person against another,* all depending before the Ordinary, that the same Ordinary may fully decide the cause onely.
The King will charge the Justices to search forth the old Records,* and to do thereafter.
[ 120] That no prohibition be granted before the whole circumstance of the matter be fully examined in the Chancery. *
No prohibition shall be granted other then heretofore hath been, and what ever was appointed in the last Parliament shall stand.*
[ 121] The Print touching tythes and Averments,* ca. 14. doth not altogether agree with the Record; quod nota.
[ 122] That the Ordinary may freely discuss every conditional consultation. *
Let it be as it hath been.
That upon a prohibition for Tythes of Sylva cedua,* there may be readily granted a consultation; and that neither the Judge, neither the party pursuant be impeached therefore.
It shall be as it hath been.
[ 124] That all men flying to the Church-yard or other holy places,* may en∣joy the priviledge thereof without any temporal Watch or Ward. *
No man shall make any ward but one of the Chancery.
The Print touching Arrests in Churches,* &c. cap. 15. much swerveth from the Record; which note.
Petitions for the City of London.
[ 126] That all their Liberties with this clause Licet. 2. any Statute not∣withstanding may be confirmed.*
[ 127] To the first the King granteth,* to the second, he will view the con∣traries, and do thereafter.
They require that no stranger within the same Liberty do buy or sell any Merchandize of another stranger in pain of forfeiture.*
The King willeth the same between Merchant and Merchant,* onely saving the Liberties of the Merchants of Aquitain.*
[ 128] That they attend upon no commandment of any the Kings Officers, * Page 166 but onely at the Kings suit, being sealed with the Great Seal or Privy,* except the Kings Justices, according to their Charter.
*Let it be continued as heretofore hath been.
[ 129] *It is enacted that the Citizens of London shall by their selves enquire of Customs, Impositions and purprestures happening or arising within the City of London.
[ 130] *It is enacted, that the Mayor and Chamberlain of London for the time being, shall have the keeping of all the Lands and Goods of such Or∣phans as happen within the said City.* Saving to the King and other Lords their right of such as hold of them out of the same Liberty.
[ 131] That the interpretation of any word or sentence touching their said Liberties which may severally be taken,* may be taken according to the intent and claim of the said Citizens.
*Interpretation of Charters belong unto the King, wherein if any doubt shall arise, the King by advice will make interpretation according to reason.
[ 132] *That the City of London may enjoy all such Liberties as any other Town in the Realm, if they have any other then the said Citizens have.
*Let them declare the especial matter and they shall have answer.
[ 133] That no protection Royal be allowed in debt,* account or Trespass, wherein a Free-man of London is ten pounds.
For victual bought after the voyage, or service whereof the protecti∣on mentioneth,* or for debt or contract after the date of such protecti∣on purchased, the King granteth.
[ 134] *That no man condemned and laid in Newgate for any debt to any Citizen, be removed to answer to the King in the Exchequer, unless that the Kings debt be first to be due.
*The King hath appointed the Barons and Officers of the Exchequer so to deal.*
[ 135] It is to be required that for any answer here given, the Kings will is, that the Citizens of London be in no wise restrained of any their Liber∣ties or ancient Customs approved.*
[ 136] The Commons the last day of the Parliament by mouth required the Lords to have good regard,* that the King might have all such Lands as his Grandfather purchased to the ease of the Commons,* and also all the goods and Jewels of his said Grandfather, considering what had been heretofore done in other Kings days in the like: whereunto was made no other Answer, but that the Lords wished the same for the Kings part, and the soul of his said Grandfather.
[ 137] *The Parliament continued from day to day from the first day, being the 13. of October this present year until the 18. of November in the same, (viz.) in the whole 47 days: At the which 18 day the Bills were read,* and the answers as aforesaid. And so the King giving thanks to the Lords and Commons for their expedition and consideration of aid, willed the Knights and Burgesses to sue forth their Writs for their Fees and so to depart. And so ended this Parliament.*
