Anno Quinto Richardi Secundi. The Parliament holden at Westminster, the day af∣ter All Souls, in the fifth year of King Richard [ 1] the Second.
FOr that this year All Souls fell on Saturday, the Parliament was ad∣journed until Munday ensuing,* on which Munday the King and many Bishops and Lords came; but for that sundry Sheriffs made no return of their Writs,* the Parliament was adjourned untill Tuesday after, on which day the King and Lords and Bishops came into the White Chamber at Westminster, and caused the names of the Knights and Burgesses to be called; where upon the default of sundry of them the Parliament was therefore adjourned unto Wednesday after;* On which Wednesday for that great debate rose between the Duke of Lancaster and the Earl of Northumberland,* so as great force of arms, men and Archers armed in warlike manner on both sides, came to the Parliament, whereof great complaint being made to the King, the King with his Councel and Nobles were much busied to appease the same;* the King therefore adjourned the same Parliament till Saturday after.
[ 2] On that same Saturday the King being in Parliament, and the Coun∣cel being called by their names,* William Cant. elect and confirmed Chancellor of England, began to declare the cause of the Parliament, taking for this his Theam, Rex convenire fecit consilium, whereupon in English he made a good Oration applying it to the good vertuous government of the King and of his reign, affirming that no reign could long endure if vice reigned therein,* the which to redress by this Parliament that could not be by the order of the other Law, the King therefore had called the same.
Receivers of petitions for England, Ireland, and Scotland.
Receivers of petitions for Gascoin,* and other places beyond the Seas, and of the Isles.
[ 3] Triers of petitions for England, &c. as above.
Triers of petitions for Gascoin,* &c. as above.
[ 4] [ 5] The which done, the Chancellor declared, That on Munday the cause of the Parliament should more especially be declared,* willing all men therefore to attend.
[ 6] [ 7] The Wednesday after (but certainly it should seem to be the Mun∣day) the Commons were all called by their names within the Cham∣ber Blank,* where Sir Hugh Segrave Treasurer of England, by the Kings Commandment remembred the Oration of the Archbishop of Canterbury, and said that the especiall cause was to maintain the liber∣ties of the Church,* and to provide for the observation of the peace; and namely to punish the horrible tumults, and rebellion made against the King in those tumults, who was enforced to grant manumissions to the bondmen and others of the Realm,* as on them having Kingly power Page 196 under the Great Seal of England:* The which he knowing to be done against Law, willed them to seek remedy accordingly due for the con∣firmation or revocation thereof. In the end he touched the Kings great [ 9] want, whereof certain of the Council should make them privy: And so wishing them thereof to have due consideration, wished the Com∣mons to depart to their accustomed place within the Abby of West∣minster.
[ 10] [ 11] The Monday after, in the third day of the Parliament, being the eighteenth day of November, the Commons came into the Parliament to present Sir Richard Walsgrave knight,* whom they had chosen their Speaker,* who excused himself and desired to be discharged of the office; whereunto the King on his allegiance willed him to stand, being chosen by his companions.
Thereupon the said Sir Richard maketh the common protestation.
He then required a more full declaration of the Kings meaning,* either by a mean rehearsal, or by his repetition.
[ 12] *The King therefore appointed Sir Richard le Scroop knight, and cre∣ated Chancellor, to do the same, who did so, and namely touching the Repeal of the Manumissions made to the Bondmen.
[ 13] *Whereto all the Commons cryed with one voice, that the Appeal was good and lawful; adding, That such infranchisement could not pass without their consents; and so upon the prayer of the Commons, the same Repeal was by assent confirmed.
[ 14] Certain Bishops, Lords and Nobles, upon the request of the Com∣mons,* are appointed to confer with them.
After this Conference, the Commons thought it good that the King would grant a general Pardon to the offenders in these tumults.*
[ 15] [ 16] The Commons require, That of the particular consultations of the Bishops, Lords and Justices, a hearing might be brought to them. Whereunto was answered, that the old custom was,* that the Commons should bring to the Lords their conceits and devises, and not to the contrary. The which the King would should be observed.
[ 17] The Commons afterwards coming into the Parliament, and making their protestation,* shewed, that for want of good redress about the Kings person in his houshold, in all his Courts touching Maintainers in every County, and Purveyors,* the Commons were daily pilled, and nothing defended against the Enemy; and that it would shortly de∣prive the King, and undo the whole State. Wherefore in the same Government they intirely require remedy.
[ 18] Whereupon the King appointed sundry Bishops, Lords and Nobles to sit in Privy Council about these matters:* Who, since that they must begin at the Head, and go at the request of the Commons, they in the presence of the King charged his Confessor not to come into the Court but upon the four principal Feasts.
The Devises of the Commons,* exhibited in a Schedule.
[ 19][ 20] First, that there may be appointed about the Kings person the most sage and approved wise men in the Court•* the like Officers for the well governance of both.
That the most wise and able man in the Realm may be chosen Chan∣cellor,* and that he seek to redress the enormities of the Chancery.
That the like order may be of the Treasurer,* Barons, and Officers of the Exchequer.
[ 22] That the like be made touching all the Justices of both Benches;* and that in th•s year two Justices, two Serjeants, and four Apprentices of the Law may be sworne to declare the delay and defects of the Law, and that the same may be remedied.
[ 23] That upon the accomplishment hereof, the Commons may view the names of the persons,* and see the Ordinances before the confirming of them.
[ 24] The provision may be made for observing of the peace, and re∣pressing of such tumults as late were.*
[ 25] That remedy may be had against importable losses of the Commons and Realm, sustained by the Wars.
[ 26] That due consideration may be had of the great poverty within the Realm fallen by the Wars,* carrying forth of good money,* and base money now remaining, and by the low prices of Wooll,* Tin, and Lead.
[ 27] That all Lords and Nobles,* upon these Ordinances made, will help them to be severally executed on all Estates; and that it would please the King to grant a Pardon general, according to a Petition before made.
[ 28] Whereupon certain of the chief Clerks of the Chancery, certain Justices, Barons of the Exchequer• and others learned in the Law,* were appointed to consult thereon, and to present to the Lords their devises. And also there were appointed certain Merchants to declare the causes of the low prices of our commodities, carrying over of our money, washing and clipping of the same.
[ 29] All which made report accordingly to the Lords and Commons; * whereof remedy was provided in part, viz. touching the Exchequer, and Merchants, and defaults of the Chancery, if any there were.
[ 30] After this, the Commons required of the King three manner of Pardons to be confirmed by Parliament,* viz. The first touching Nobles and Gentlemen, which in resisting of Traitors and rebellious Villains, slew certain persons without due process of Law. The second for such as were of those rebellious companies. The third for such as lived in peace without any rising; which was granted.
The Pardon for Nobles and Gentlemen.*
[ 35] [ 32] The Pardons of the Rebels being out of the Towns of Canterbury, * Bury S. Edmonds, Beverley, Scarborough, Bridgwater, and Cambridge, except such persons whose names appear hereafter, being the principal Page 198 and Ringleaders of the Rebels; except Provers and Appealers of Treason and Felonies, and except such as slew Simon Archbishop of Canterbury late Chancellor,* the Prior of S. Iohns then Treasurer, and Iohn de Cavendish Chief Justice of the Kings Bench; so as all men endamaged by such insurrection be not foreclosed of their due remedy.*
[ 33] *The Pardon for such as lived in due obeisance, as free from that in∣surrection.
[ 34] *The Commons after came into the Parliament, where before the King they made a recapitulation of their former requests, and require now to have the same framed and fashioned out, and namely of the Ordinance against Purveyors.
[ 35] Thereto was replied by the King, That his charges were great as well for sundry particularities he uttered,* as like to be greater for the so∣lemnity of the Kings marriage with the Lady Anne, the daughter of the late mighty Prince Charls Emperor of Rome, the which Lady was newly come into the Realm; the tenth part of which charges the King had not in treasure or otherwise; and that therefore it was as necessary to provide for the safety of the Kings estate,* as for the Common weal.
[ 36] *The Commons answered, That considering the Subjects evil wills, they durst grant no Tax. Then was required of them the continuance of the Subsidies of Woolls and other Staple-wares: Whereto was an∣swered, that the Commons were not thereof advised.
[ 37] The Commons then thought good to have the Parliament adjourned until after Christmas,* for that the same Feast approached, and that in the mean time they might be further advised of every particular point. Wherewith the King seemed to be content, and the rather for that the Queen was arrived.
[ 38] At this time, the Earl of Arundel and Sir Michael de la Poole were chosen and sworne to be about the Kings person for Council in govern∣ing him.*
[ 39] The Commons then require the sight of the Pardons granted. Thereto was answered, that such was not the guise; but that the Com∣mons should make petition for such Pardon in writing,* and that the King the last day of the Parliament should answer the same. And further it was said, that the King used not to grant any thing to the Commons,* unless they also granted to him. The Commons answered,* that of the grant of the Subsidies of Wooll and other Staple-wares they would be advised: And it was answered for the King,* that he would so be of any Pardon.
[ 40] *The Commons being somwhat better advised, came before and considering as well the Kings great charges, as fearing lest by the continual grants of the Subsidy of Woolls the same would grow in cu∣stom, and so be challenged by the King as of right; for avoiding where∣of, the Lords and Commons granted to the King the like Subsidy of Woolls and Staple-wares as lastly was granted,* from the Feast of the Circumcision of our Lord then ensuing, until Candlemas then follow∣ing Page 199 so as the space between Christmas and the Circumcision, should be [ 41] an interruption to the Kings claim aforesaid, if it were attempted.
[ 42] Whereupon were openly read the pardons granted,* whereof the Commons were greatly joyous, and gave the King thanks.
A goodly President of a Commission granted by Parliament for stay of Riots,* Insurrections, and Rebellions.
[ 43] [ 44] The Mainprisors of Sir Ralph Ferrens knight, expressed in the last Parliament, tit. 24. bring forth, and desire to be discharged of their Mainprize,* and Sir Ralph being received into the Kings protection, and so set at large,* Richard Clynedon Esquire, by his Bill exhibited to the King in Parliament, accuseth Sir William Cogan knight,* for that the said Sir William with other his accomplices of the Town of Bridge∣water should by menaces extort of the Prior of S. Iohn of Ierusalem the sum of two hundred pound for, and in the name of a Fine, and one hundred pound by Obligation, the which he offereth to try by the Combate with the said Sir William.
[ 45] The same Sir William being in Parliament requireth Councel for that he was unlearned,* the which was denied, for the case touched Treason; whereupon after advice with certain of his friends, he in per∣son making request that he might at any time correct and amend any his answers, pleaded not culpable, and to be tried by his County, whereupon in the end of the Parliament both parties were adjourned before the Justices of the Common Law, for what attained to the Law.
[ 46] The Major,* Bailiffs, and Commonalty of Cambridge were accused for that they in the late tumults, and uproars, confederates with other mis-doers, brake up the Treasury of the University of Cambridge, and there took and burned sundry of the Charters of the University, and also compelled the Chancellor and Schollers of the said University under their common Seal to release to the said Major and Burgesses all manner of Liberties, and also all actions reall and personal, and further to be bound to them in great sums of money, whereupon it was agreed in form following:
That one Writ should be directed to the Major,* Bailiffs, and Com∣monalty (that now were) to appear in the Parliament, and to answer, the form whereof doth there appear.
[ 47] And that another Writ in form aforesaid should be directed to the Ma∣jor, * and Bailiffs (that then were) the form whereof doth there also appear.
[ 48] The Major and Bailiffs (which then were) appeared in proper person, * and pleaded not guilty in writing thereunto, the Commonalty by their Attornies appeared at the day.
[ 49] The Major and Bailiffs (that before were) appeared also in proper per∣son, and the said Major answered,* that he was not privie to any such act, but only by the compulsion of the other, if any thing were therein done, the which the learned Councel did disprove.
[ 50] The Burgesses of Cambridge delivered into the Parliament the said two deeds,* sealed by the Chancellor and Schollers.
[ 51] That one deed containing a release of all Liberties and Priviledges * Page 200 with a bond of Three thousand pounds, to release all such suits against the said Burgesses.
[ 52] *The other was a Release of all Actions real and personal, as there doth appear.
[ 53] *After the restitution and redelivering of which two Deeds, they both were commanded to be cancelled for the causes aforesaid.
[ 54] After that, the Chancellor and Scholars aforesaid by way of Petition,* and in form of sundry Articles exhibited, shewed the beginning and whole discourse of the Mayor and Bailiffs doings largely, there con∣tained.
[ 55] Upon reading of which Bill, it was demanded of the said Burgesses, what they could say wherefore their Liberties late by the King confirm∣ed,* should not be seised into the Kings hands as forfeited? They re∣quire a Copy of the Bill, Council, and respite to answer.
[ 56] To the Copy of the Bill it was answered,* That since they heard the same, it should suffice; for by Law they ought to have no Copy. To Council it was said, That wherein Council was to be had, it should: Wherefore they then were pointed to answer to no crime or offence, but only touching their Liberties.
[ 57] *After many dilatory shifts, the said Burgesses touching their Liberties only, in the end submitted themselves to the Kings mercy and grace, saving their answers to all other matters.
[ 58] The King thereupon by common consent of Parliament seised the said Liberties into his hands as forfeited.*
[ 59] And after granted to the Chancellor and Scholars aforesaid within the aforesaid Town of Cambridge and suburbs of the same,* the affise, cognisance, and correction of Bread, all Weights, Measures, Regrators and Forestallers, with the Fines and Amerciaments of the same, yielding therefore yearly at the Exchequer Ten pounds, Vide R. 2. tit. 11.
[ 60] *And the rest of the Liberties he granted to the said Mayor and Bailiffs, yielding therefore yearly the Feefarm of An hundred and one marks, and Four marks of increase over and above the same, at the Exchequer aforesaid.
[ 61] William de Burcestor knight,* and Margaret his wife, late the wife of Sir Bartholmew Burcester knight, sheweth by a long Bill, how Sir Thomas Hungerford knight was enfeoffed by the said Bartholmew of the Manor of High-Tresbury, Steart, and Colon in the County of Wilts, and of certain Lands in Wales, to the end a refeoffment should be made of the same to the said Bartholmew and Margaret, and the heirs of the said Bartholmew, and how by the Council of the said Thomas the same was done accordingly; and that the said Thomas should notwith∣standing inform the Lady le Dispencer, the daughter and heir of the said Bartholmew, that the said Bartholmew should be disseised of the premisses, and thereby should procure the said Lady to enter upon the premisses: And further, that the said Thomas had bought the Mannor of High-Tresbury of the said Lady, and therefore prayeth remedy.
Page 201[ 62] The same Sir Thomas upon warning cometh into the Parliament, and by his answer traverseth every point,* and seemeth very well to avoid the same.
[ 63] The names of all such as were excepted out of the Pardon, being the principal Leaders of the late Insurrection,* being many in number, but no Gentlemen or other of name.
[ 64] For that Christmas approached,* for the preparation of the Queens Coronation and other weighty affairs, on the 15 of December the Par∣liament was adjourned untill the Friday next before the Convention of S. Paul then following.
The Reassembly of the Parliament,* after the Adjournment.
[ 65] THe same Friday, for that some of the Lords were not come, the Parliament was adjourned until Monday next ensuing.* The same Monday the Bishops and Lords came into the Parliament, where the Commons making rehearsal of their former proceedings, required remedy.
[ 66] The Duke of Lancaster offered in Parliament,* that so as the Realm would lend him Sixty thousand pounds, he would enterprise to enter into Portugal and Spain, and rescue the English-men, keep the sea, and seek to conquer their right; and would further bind himself and his lands to repay the same in the year in money or service, so as he were sound of body, and out of prison: Whereof was great dispute and alter∣cation on both sides. Look 6 R. 2. tit. 13.
[ 67] The Lords and Commons grant unto the King the Subsidy of Wools and Staple-wares, in such wise as was lately granted,* for four years from the Nativity of S. Iohn Baptist then ensuing, to be imployed upon the Wars,* and Voyage of the said Duke; and that the King will do things according to the advice of his Council.* By whose advice they grant, for the saving of his credit and profit, he may for a time transport his Staple-ware to any other place besides Calice,* any Grant to the con∣trary notwithstanding.
[ 68] The Commons require, that if any League be taken with the Enemy, * that then the Grant and profit arising thereby may be laid up for the ease of the Commons. They also require that the Commons may for a time be eased of Taxes.
[ 69] It is enacted, That all Deeds, Feoffments and Conveyances what∣soever made by menaces in the last Insurrection should be void,* and that no man do enter into any lands or tenements, but where lawfully he may.
[ 70] And not with force or multitude of people,* upon pain of imprison∣ment or fine.*
Page 202[ 71] Upon complaint to the Councel,* all such as in these Insurrections have had any Deeds or Evidences purloined, burned, or cancelled, and make proof of the same, shall have remedy.
Petitions of the Commons, with their Answers.
[ 72] That the liberties of the Church,* great Charter, and Charter of the Forrest may be maintained.
The King granteth thereunto.
[ 73] *That it may be enacted that no gift of land, ward, escheat, or other gift be made by the King before he be out of debt.*
*To binde the King in such sort, were dishonorable;* but the King will grant no such without the assent of the Lords of the Councel.
That the Kings great Officers of his house,* and Lords of the Parlia∣ment, may be sworn to observe all Ordinances therefore appointed.
They are sworn thereunto.
The Print touching the 73 title of Purveyors agreeth with the Re∣cord.*
[ 75] [ 76] That the debts of the Queen last that died,* due to the King, may be pardoned.*
The King will be advised.
That such Sheriff,* as failed to account the last Trinity Term, consi∣dering the Insurrections then, may be pardoned.
The King granteth thereto.
[ 78] The King also pardoneth all Collectors and Comptrollers of the last Subsidie,* all issues lost for not appearing at Hilary term last in the Exchequer.*
[ 79] It is enacted, that from henceforth the Collectors of Tenths, and and Fifteens shall be accountable for the same by their Oath,* before the Barons of the Exchequer.
That all debts for lands seized into the hands of the King Edw. 3. may be pardoned.*
[ 80] If any speciall man make his complaint he shall be heard, but gene∣rally the King will not grant thereunto.*
[ 81] It is enacted, that no sum of the land be set on any person at the re∣ceipt of the Exchequer,* by payment, or assignment, unless such person be present, or by his Attorney in Court.
[ 82] An Order that the Collectors of Subsidies shall be charged to ac∣compt according to the Roll between them,* and their Comptrollers made, saving that they shall be further charged upon better proof.
[ 84] Upon complaint made against Forresters,* it is enacted, that the Char∣ter of the Forrest be kept, and that perambulations be made, where any need is, according the bounds made in the time of King Edward the first.
[ 85] The King granteth, that all men may have exemplifications of Deeds,* and Charters enrolled in the Chancery, defaced in the late Insurrecti∣on without any fine in the Chancery.*
Page 203[ 86] It is enacted, that all Sheriffs shall have allowance towards their charges of all such Fee-farms,* or profits belonging to the Sheriffs, which were after, granted to any Lords, or other person for any annuall rent.
[ 87] That no Prohibition be denied for Tenths of Wood,* demanded of Wood passing the age of twenty years.*
[ 88] As it hath been used the same shall be.
That no Fines be taken in the Chancery for any Writ.*
The King meaneth not to lose any such commodity left him by his Ancestors.*
[ 89] It is enacted, that the Charter made to Yarmouth touching one grant, * viz. That no man should buy or sell within seven miles of the same, and that the road called Kirkleroade in Suffolk, being six miles off the Town, should be rep•aled, saving their old Liberties.
[ 90] They pray remedy against such as purchase Abbies, Priories, or such like dignities from the Court of Rome by Provisions.*
The King would have the Statutes therefore made to be exe∣cuted.*
[ 91] That no Alien do enjoy any Ecclesiastical living within the Realm.*
The King willeth as next above.*
[ 92] It is enacted, that if any religious, or other person, shall cautelously cause the King to be infeoffed of any lands or hereditaments hol∣den of any mean person, and thereby extinguish his right to give the same in Mortmain,* that notwithstanding any such cautelous Feoff∣ments, the Lords or mean person of whom the lands are holden may lawfully enter saving to the King his due prerogative.
[ 93] That the Heirs,* or Executors of any Captain taking wages, and being dead, or taken prisoner, be not charged to pay any thing by them received.
It shall continue as heretofore.*
[ 94] That such Captains being appointed to serve on the Sea by a day certain,* upon the Kings Letters may receive their wages from the said day.
As heretofore, so in the like case it shall be used.*
[ 95] The K•ng upon request of the Commons granteth pardon to all Towns and Persons for their late Insurrections,* except the Town of Bury S. Edmonds, and the names of them which are before except∣ed in a Roll.
[ 96] It is enacted, that all Justices of Peace shall have full power at all times to make delivery of all rebels,* murtherers, robbers, and theeves, taken with the manner, so they be at the least three, and one of them learned in the Law.
[ 97] The print touching the Barons of the Exchequer,* cap. 9. agreeth with the Record.
[ 98] The print touching Accompts in the Exchequer cap. 10. agreeth in effect with the Record,* but not fully, for that some part is left out of the print.
Page 204[ 99] The print touching Accompts there,* cap. 11. agreeth with the Record.
[ 100] The print touching the Accompts of Nihil,* cap. 13. agreeth with the Record.
[ 101] *The print touching the Clerk of the Pipe, and Remembrancer, agreeth with the Record.
[ 102] The print touching suing out of Liveries,* cap. 15. agreeth with the Record in effect, but not in form.
[ 103] *The print touching Clerks sues in the Exchequer, cap. 16. agreeth with the Record.
[ 104] It is enacted, that from henceforth no Barons of the Exchequer,* Clerk of the Pipe, Remembrancer, Opposer, Comptroller, Clerk of the Pleas, Clerk of the Forein summons, Auditor, or other Chief Officer of the Exchequer be made, unless he be well learned in the Law,* or otherwise very skilful in the courses and uses of the Ex∣chequer.
[ 105] [ 106] *The King at the request of the Commons enlargeth his Pardon for certain Felonies and Treaso•s, as may in the Record appear.
*The print touching Money, cap. 2. far swerveth from the Record, as having additions and diminutions, other then the Record doth warrant.
[ 107] *The print touching Shipping and the Navy, and of Merchandise, cap. 3. agreeth with the Record in effect, but not in form.
[ 108] The print touching Wines,* cap. 4. agreeth with the Record to the midst of the same print. The other half of the Record by evil keeping is lost, unless it may upon search be found again.
[ 109] The print touching Entry into lands,* cap. 7. agreeth with the Record, as appeareth before, tit 7.
[ 110] *The print touching the Repeal of Manumissions made by the King, cap. 6. agreeth with the Record, as appeareth before, tit. 12.13.
