Anno Vndecimo Henrici Quarti. Rex &c. Henrico filio suo Principi Walliae &c. de Bristol,* Quindena Hillarii tenend. apud West-monasterium 18 die Decembris, ut ante, excepto quod Barthol. Bourchier omittendus est, in loco suo Johannes Talbot Dom. Furnivall ponendus est, similiter Willielmo de Willoughby omit∣tendus est.
- EDwardo Duci Eborum.
- Johanni Com. Somerset.
- Edwardo de Courtney, Com. Devon.
- Thom. Com. Arundel.
- Michaeli de la Pool Com. Suff.
- Rado Nevil Com. Westmerland.
- Ricardo Com. War.
- Richardo Com. Oxoniae.
- Johanni Talbot de Furnivall.
- Edwardo Cherleton de Powis.
- Willielmo de Clinton.
- Mr. Tho de la War.
- Johauni de Oldcastle Chlr.
- Henrico le Scroope de Masham.
- Willielmo Roos de Hamalake.
- Hen. Fitz-hugh.
- Willielmo de Ferrariis de Gro∣by.
- Tho Morley.
- Hugo Burnel.
- Tho• Berckley de Berckley.
- Johanni de Wells.
- Rado de Cromwel.
- Rado Baroni de Greystock.
- Roberto de Harrington.
- Johanni Darcy.
- Tho. Nevil de Halmeshire.
- Willielmo Beauchamp de Burga∣venney.
- Johanni Lovel de Fishmerch.
- Ricardo Gray de Codonore.
- Reginaldo Gray de Ruthin.
- Petro de malo lacu.
- Willielmo la Zouch de Harring∣worth.
- Tho. Camois.
- Hen. de Bello monte.
- Johanni de Latimer.
- Ricardo le Strange.
- Roberto Poinings.
- Gilberto Talbott.
Henrico Principi Walliae, Custodi Quinque Portuum.
Anno Vndecimo Henrici Quarti. The Parliament holden at Westminster, the Quin∣dene of Hillary, in the eleventh year of King Henry the fourth.
[ 1] ON Monday the twenty seventh of Ianuary, being in the Quin∣dene of Hillary, for that there was then no Chancellor,* the Bi∣shop of VVinchester the Kings Brother, in the presence of the King, Lords, and Commons, declared the cause of the said Parliament,* and namely, that the King would that Holy Church, all persons and Corporations should enjoy all their Liberties.*
[ 2] He then took his Proposition, Decet nos implere omnem justitiam, and shewed that the Parliament was summoned for two causes; the first, for the inward government,* as for the due observation of Laws; the second, for outward governance,* and defence against the forreign enemy, wherein he touched how the Duke of Burgundy, (who then was Governour of France) meant by all force to besiege Callis,* and to enjoy the Realm.
[ 3] And among other things he touched two kinds of government, namely, jus regiminis, & jus subjectionis; allowing jus regiminis to be better, according to the answer of Aristotle to King Alexander, who being demanded in what wise the same Alexander might most strongly fortifie the walls of a new Propugnacle, or Frontier Town, answered, that the most assured walls were the hearty good will of his Subjects,* and obeisance to Laws.
[ 4] *He then sheweth that all true Subjects ow to their Soveraigns three chief points, viz. honour and obedience, reverence and benevolence, and hearty assistance.
[ 5] And for that the present necessity required ready assistance,* and spee∣dy dispatch the King had called this Assembly for a full consultati∣on, the which he wished might redound to the glory of God, honour of the King, and safety of the whole Realm, to which end he willed the Commons to go to the election of their Speaker, and to present him to the King the next day.
[ 6] Receivers of Petitions for England,* Ireland, Wales; and Scot∣land.
[ 7] Receivers of Petitions for Gascoin, and other places beyond the Seas, and of the Isles.
[ 8] Tryers of Petitions for England, &c. as above.
[ 9] Tryers of Petitions for Gascoin, &c. as above.
[ 10] On Wednesday the twenty eighth of Ianuary, the Commons coming before the King, presented to be their Speaker Thomas Chaucer,* after whose excuse therein made, he was willed by the King to take the same upon him: After which, he made the Page 471 Common Protestation, the which the King by his own mouth grant∣ed,* adjoyning thereunto, that sith as well the Lords as the Commons were come to unity,* be doubted not that they the said Commons would speak any unfitting words, or attempt any thing to the con∣trary.
[ 11] On Wednesday the seventh day of February, at the request of the Commons,* the Assizes were prorogued by the King during the Par∣liament.
[ 12] [ 13] On Saturday the tenth of February, the Commons came before the King and Lords,* and requested couching Lollard• which they had before delivered,* so as nothing was therein acted; whereto the King of his good will for that time granted, so as the same should remain as no example.
On Saturday the fifteenth of March being Palm Sunday week, at the request of the Commons,* the Parliament was adjourned untill the Quindene of Easter then folowing, being the seventh day of April, at which Quindene the Parliament re-assembled.
Certain requests of the Commons, with their Answers. [ 14] *
[ 15] The King granted that certain of the most learned Bishops, wor∣thy Lords, and others shall be assigned to be of his Councel,* and that they, and all the Justices shall be sworn to give good Councel, and up∣right Judgment.
[ 16] They granted that such as propounded lately untrue Indictments in the Kings Bench,* shall be duely punished if they may be known.
[ 17] The King promiseth convenient payment for Victuals taken by Pur∣veyors. *
That the King will grant Commissions of Oyer and Terminer to punish Riots in Northumberland,* Westmerland, Yorkshire, Stafford, Derby, and Nottingham.
[ 19] The Statutes therefore made, and not repealed, shall be kept.
Such as have Castles and Towns over the Marches of Scotland,* shall furnish them with all necessaries, and keep there in proper person.
[ 20] All such Statutes touching Wales shall be observed,* and all such persons as have Castles and Towns, or Lands in Wales, have promi∣sed for one year to furnish the same, and to keep thereon in per∣son.
[ 21] The King will provide for the safe keeping of the Seas,* and will take Truce with the enemie, as to him shall seem best.
[ 22] The Revenues of the Kings Dominions beyond the Seas shall for three years be imployed upon the Souldiers there,* and no such Offi∣cer there,* as is immediatly accomptable to the King, shall have the same by Patent during life.
[ 23] The King granteth that no hereditaments,* or other profits of the Crown, except Offices, and Bailiwicks, shall be granted to any person; and if they be to be voided,* except certain recompence be made to the Queen, to the Kings sons, to the Duke of York, and to the Lord Grey.
Page 472[ 24] The Statutes made touching the Courts of the Cnnstable,* Marshal, and Admiral of England, shall be observed.
[ 25] The King granteth that no Customer,* Comptroller or Searcher do keep any Oastery for any Merchant, on grievous pains, Fine and Imprisonment.
[ 26] The print agreeth herewith; in which it is to be noted, that in the 14 year of King R. 2. t•e Subsidy and Custom of Wools came to One hundred and sixty thousand pounds over and above Poundage,* Tonnage, Alnage, Pellage, &c.
[ 27] All men shall pay Custom of Remnants of Cloth,* of what making or fineness so•ver, according to the rate of whole Cloth, on pain there limited.
The print, cap 7. agreeth with the Record.
[ 28] *The print touching Exchange of money, cap. 8. agreeth with the Record.
None of the Kings chief Officers there named, or Judges shall take any Bribe or reward, on pain to answer treble to the King. To which in the margent it is written, Respectuatur per Dominum Principem & Consilium.
[ 29] *That all such persons as shall be arrested by force of the Statute made against Lollardy, in 2 H. 4. may be bailed, and freely make their pur∣gation: That they be arrested by no others then by the Sheriffs, or such like Officers;* neither that any havock be made of their goods.
[ 30] The King will thereof be advised.
[ 31] *The King granteth, that such Subsidies as shall be in this Parliament granted shall be imployed according to the Grant, and not other∣wise.
[ 32] The King granteth, that all strangers who are to come into the Realm except Merchants,* shall protest to live and die in the Kings quarrel, shall serve in the wars if they be able, shall not be lodged but in English-mens houses, neither that any of them shall be Brokers, and no Broker shall be a Merchant to his own use.
[ 33] It is enacted, that three parts of the Subsidy of Woolls shall be im∣ployed upon the defence of Calice,* the Castle there, the new Tower on Rochbank, and of the Marches of Calice, and to the paiments of certain debts there.
[ 33] A wise division in what wise the said parties should be imployed.
[ 34] *The print touching Indictments, cap. 9. agreeth with the Record; only there wanteth in the print [duly] to go before [returned:] note well.
[ 35] Which Sir Iohn Trebiel knight, imprisoned in the Tower for taking a French ship in the time of truce,* and brought to his answer, at the first began to justifie the same; in the end he confessed his fault and craved pardon;* upon which the King at the request of the Lords and Com∣mons granted unto him pardon, so always as he should satisfie the losses to the parties.
[ 36] *Iohn Bartram of Northumberland sheweth, how Robert de Ogle knight gave to him in tail general the Castle and Mannor of Bothel with Page 473 the appurtenances in the same County, and how the Terre tenant was se•sed of the same, until Robert de Ogle knight, son of the said Robert with two hundred men dispossessed and kept him therefrom; where∣unto he prayeth restitution.* At whose request it was enacted, that a Writ should go down to the Sheriffs of Northumberland to take all the promisses with all the goods therein and the same safely to keep, with Proclamation at the gates of the same Castle to will all therein to depart, and also to charge the said Robert at a certain day to answer in person at Westminster, as well to the King, as to the said Iohn.
[ 37] Sundry long Complaints of Riots and misdemeanors done by Hugh Erdiswick,* Thomas de Swinnerton, Thomas Stanley, William Egerton, Iohn Kingley, William Venables, Iohn Mayners, William Mayners, Thomas Mayners, VValter Gilbert, Henry Gilbert, Iohn Gilbert, Hugh del Hollins, Iohn del Hollins, Iohn Delves, and Hugh Damport in the County of Stafford.
[ 38] Whereupon order was taken, that a Writ should be awarded to the Sheriffs of Stafford to apprehend them,* returnable at a day certain in the Kings Bench; upon which if they appear not, then to take their bodies, to seise their lands and goods to answer the same before the Justices of the Kings Bench, to whom authority was given to end the same.
[ 39] On Wednesday the second of May, upon the earnest request of the Commons,* such Lords as were appointed to be of the Kings Council were declared, all who with the Justices were sworne to do justice; only the Prince being one of them, for his worthiness was not sworne.
[ 40] At the request of Sir VValter Hungerford,* who was found faulty for certain Wastes done in the Priory of Farley, whereof he had the custody, who meaning to traverse the Office, required that the Sheriffs should return none upon the same, unless he might dispend Twenty pounds yearly; the same was granted.
[ 41] Iane Queen of England requireth,* that her Dower made by the Kings Letters-Patents may be confirmed by Parliament, and that recompence may be to her made, if any part thereof were re∣covered from her, or seised into the Kings hands. The which was granted.
[ 42] Richard de Hastings sheweth, how Ralph de Hastings his brother, * who was attainted and beheaded for certain Treasons in the sixth year of the King, dyed without issue; and prayeth to be restored as well to his blood, as to all such lands as the said Ralph had at the day of his death, without any further suit. The which by whole assent of Parliament was granted.
[ 43] VVilliam Doyley and Isabel his wife, as in the right of the said Isabel, Cousin and Heir of Christian Cheney, &c. maketh title to the Manor of Hinton next Berkley in Northampton,* and to the Advowson of the same, and sheweth how they were by sundry wrongful means kept from the same, and sheweth how they were by sundry wrongful means Page 474 kept from the same by the Lord Lovell.* Whereupon the King named seven Knights, and eight Esquires; and so it was enacted, that the Sheriffs of Northampton return twelve of them in an Assise between the said parties, wherein the Lord Lovell should use no delay.
[ 44] On Wednesday the ninth day of May, and the last day of the Parlia∣ment, the Speaker required the certain knowledge of the Councellors names,* upon which two were changed. After which the Speaker re∣commended to the King the persons of the Queen, the Prince, the Lords Thomas, Iohn, and Humfrey, the Kings sons,* and prayeth their advancement; for the which the King thanketh them, and promiseth satisfaction with opportunity.
[ 45] The Commons, with the assent of the Bishops and Lords, grant to the King the like Subsidy as in An. 9: H. 4. tit. 26. so as express mention were made of the same,* Provided of their own good wills; whereof they gave Twenty thousand marks to the King to dispose of at his will.
Petitions of the Commons, with their Answers.
[ 46] Sundry Counties by particular Petitions require that their Sheriffs may be discharged of their Accompts in the Exchequer upon their oaths,* according to a Statute made in the first year of king Edw. 3. To all which was answered as followeth.
*Let every such Sheriffs as are grieved yearly shew the same upon their Accompts unto the Council,* and they shall have power to mo∣derate the same.
[ 47] That all heirs holding of the King by Knights service,* may at their full age by a Writ de aetate probanda out of the Chancery traverse their ages, notwithstanding any Inquest of Office,* and that they may have Livery of their lands accordingly.
*It shall be as heretofore.
[ 48] *At the request of the Commons it was granted,* that the Mayor, Sheriffs, and Commonalty of Norwich shall for certain years have survey of measuring all manner of Worsted made as well within Norwich as in Norfolk wheresoever, and that none be sold without their seal, for the which they shall take a halfpenny; and that such as keep not measure shall be forfeited, the one half to the King, the other half to them. In which Grant you may see all terms, makings, and quantities of all manner of Worsteds.
[ 49] That certain Letters-Patents made,* whereby certain men exacted of every Cloth made, and above the Alnage, certain money called The measuring money, may be revoked.
*The Statute therefore made in 27 E. 3. shall be observed.
[ 50] Upon the like motion as An. 9 H. 4. tit. 51. the King granteth that the Council shall call before them the Chancellor of the University of Oxford,* and shall have power to confirm or revoke any their liberties which are unlawful.
Page 475[ 51] At the request of the Burgesses of Truro in Cornwal,* the King grant∣eth that during ten years, in all grants of Desms and Fifteens, they shall only pay Fifty shillings, where before they paid Twelve pounds and twenty two pence.
[ 52] Certain Counties of the North require, that the Admiral may ap∣point a Deputy for the North.*
Sufficient remedy shall be provided therein.*
[ 53] Upon the return of the Commission on the behalf of the Burgesses of Melcombe in Dorset expressed in 9 H. 4. tit. 44. the King granteth that for ten years they shall pay only Twenty shillings for Feefarm,* as Six shillings eight pence for their Desmes, where before they paid Nine pounds nine shillings.
[ 54] That the Treasurer and Barons of the Exchequer in Traverse of Inquests of Office may grant of the same Nisi prius returnable in any of the Benches,* or County.
The Statutes therefore made shall be observed.*
[ 55] The Burgesses of Ly•e in Dorset have granted to them according as is contained in 9 H. 4 tit. 49. where before their Fee-farm was Thirty two marks,* and where they also paid to every Desme Eight pounds ten shillings.
[ 56] That the Town of Hatch, otherwise called VVest-Hatch in Somerset, * may be discharged of Thirty one shillings two pence exacted of them for a Desme, by a mistaking of the same.*
In regard that the Exchequer hath a Record touching the same,* the Barons of the same shall have power to end the same.*
[ 57] At the Petitions of the Citizens of Winchester,* the King granteth, that within the same City they may purchase Lands and Tenements to the cleer yearly value of Forty marks.
[ 58] Certain Counties pray, that certain Wears and Stanks fixed in the River of Avon from a time,* may be laid open upon a pain.*
[ 59] The Statutes therefore provided shall be observed.
The print touching the election of the Knights of the Shire,* cap. 1. in full effect agreeth with the Record.
[ 60] The print touching Common Hosteries,* cap. 1. in full effect agreeth with the Record.
[ 61] A long complaint against the usurpation and exactions of the Ad∣miral and his Court,* and request to have the same amended.*
[ 62] The Statutes therefore made shall be observed.
The print that the Justices of Assise should deliver all their Records into the Treasury,* cap. 3. agreeth with the Record.
[ 63] It is enacted, that the Justices of both Benches should appoint a certain number of Attornies for every County,* more then whom none should practise on the pain following; and that the same Attornies should be every Term sworne to deal faithfully and truly, for the breach whereof they should be imprisoned for one year, and make ransom at the Kings will; the Prothonotaries and Filicers upon conviction to abide the double pain. Vide 13 H. 4. tit. 48. On which Grant is indorsed, viz. Respectuatur per Dominos Principem & Concilium.
Page 476[ 64] That no Custom be paid for the little or great seal of any Kersies,* Frizes, or such Cogware.
As heretofore it hath been.
[ 65] * The print forbidding unlawful Games of Servants and Labourers,* cap. 4 agreeth not fully with the Record, quod nota.
[ 66] Iohn Cowley of Bridgwater prayeth, that he may take Letters of Mart and Privy seal of all French-mens goods having no safe-conduct of the King to a certain value,* for certain his ships and other goods taken by the French in the time of Truce.
*Upon his suit to the King he shall have such Letters requisatory as are need•ul;* and if the French do refuse to do him right, the King will then shew his right.
[ 67] The like Request and Answer, as 9 H. 4. tit. 47.
[ 68] The print touching Gally-halfpence,* cap. 5. agreeth with the Record.
[ 69] The print touching Cloth-making,* and the Office of Aulnager, cap. 6. agreeth with the Record in effect, but not in form.
[ 70] *That the half profits of their Benefices who be not resident there∣upon, may be imployed to the Kings use.
*There was a remedy provided in the last Convoca•ion heretofore.*
[ 71] [ 72] At the request of the Mayor and Commonalty of Oxford,* who pay to every Desme Eighty pounds fourteen shillings eleven pence, it was enacted, that all lands belonging to the Church being within the same Town, being purchased since the 20. year of E. 1. should contribute to all Desmes and Fifteens.
*A motion was made, that none should be impleaded in Court Chri∣stian for any Temporal Contract, on pain of imprisonment and fine at the Kings pleasure,* and amends to the party grieved.
*The Common Law shall therein he observed.
[ 73] Thomas Chawcer chief Butler to the King,* sheweth what prizes of Wines the King ought to have of every ship; and also declareth how the King was much deceived thereof, for that the Citizens of London being exempt from the same, did use notwithstanding for money to make strangers free thereof.
*The King will send for the Citizens therefore;* and further willeth that none shall enjoy any such Liberty, unless he be there a Citizen re∣sident and dwelling.
