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 ...

Petitions of the Commons, with their Answers.

49. THe print touching the Liberties of the Church Cap. 1. a∣greeth with the Record.* 1.1

50. That all such as procure from Rome any Pluralitie,* 1.2 or Non-Residence do incur the pain of Provisors,* 1.3 except the Chaplains of the King,* 1.4 of the Arch-Bishops, or Bishops, and except Schollers,* 1.5 and that such as then had any of the said Bulls,* 1.6 do cancell them on the like pain. To which the King answered, that he would pro∣vide remedy therefore.

51. That no appropriation of Benefices be,* 1.7 on the like pain. The King will be thereof advised.

52. The print Cap. 3. touching provision from Rome,* 1.8 doth more properly belong to this title, than to the title before.

53. The print touching carrying of money Cap. 5. for the Act agreeth with the Record,* 1.9 and for the rehearsall of the same Act is no mention made, quod nota.

54. The print touching the Marshall Cap. 23. agreeth with the Record in effect,* 1.10 but not in forme.

55, That the Fees of all Marshals in every of the Kings Courts,* 1.11 and of the Warden of the Fleet may be certainly appointed upon forfeiture.* 1.12

The King hath appointed his Councell,* 1.13 the Chancellor,* 1.14 and Justices to take order therein.* 1.15

56, It is enacted, that all Priors,* 1.16 Aliens, who have Houses, and sing daily service be discharged of their Farmes to the King,* 1.17 sa∣ving to Bishops their Jurisdictions.* 1.18

* 1.1957. The Commons pray that all Sheriffs being overcharged be eased thereof.

* 1.20The Sheriffs of Essex, Hereford, Surrey, and Sussex, and others who have cause to complain shall have remedy before the Coun∣cell.* 1.21

* 1.2258. That no Protection be granted to any person of Reli∣gion.

* 1.23The Protections with the clause volumus,* 1.24 to them granted, shall be revoked, and they onely shall have such Protections granted as in the time of E. 3.

* 1.2559. That no Consultation be granted to any person, clayming the Tithe of Wood,* 1.26 which passeth the age of twenty one years.

* 1.27It shall be as heretofore.

* 1.2860. That no person be arrested, or imprisoned contrary to the forme of the great Charter.* 1.29

* 1.30The Statutes, and Common Laws shall be kept.

* 1.3161. The print touching strange Coyns Cap. 6. agreeth with the Record.

* 1.3263. Upon the request of the Commons, the King promiseth, that he will not from henceforth dispence with the Statute of Provision to Benefices.* 1.33

* 1.3464. That no man be kept from Justice by any Writ, or other means obtained from the King by sundry suggestions, on pain of twenty pound to the obtainer of the same.

* 1.35The Statutes therefore provided shall be kept, and who pursueth to the contrary shall incur the pain aforesaid.

* 1.3665. That where two Offices be found, proving severall titles for the King, and Livery,* 1.37 or ouster le mayne, is sued on the first, that he who sueth such Liverie, or ouster le mayne be not put forth, but a Scire facias awarded against him to know what he can say.* 1.38

* 1.39The Statutes, and Laws therefore provided shall be kept.

* 1.4066. That the Justices to take Nisi prius;* 1.41 may have power to give Judgement forth with after Verdict found before them,* 1.42 not tar∣rying the day of the returne of the Nisi prius.

* 1.43It shall be as heretofore it hath been.

* 1.4467. The print touching Non-Suit of the Plaintiff Cap. 7. agreeth with the Record.

* 1.4568. That the Justices of Assize, and Nisi prius may have power to have Deeds acknowledged before them,* 1.46 and to enroll them.* 1.47

* 1.48It shall be as heretofore it hath been.

* 1.4969. That no VVrits be sued out of the Chancery,* 1.50 or Exchecquer to any man to appear at a day upon paine.* 1.51

* 1.52Such VVrits shall not be granted without necessity.* 1.53

70. That the Capias,* 1.54 and Exigent may be in Writs of Annui∣tie,* 1.55 Detinue, and Covenant.* 1.56

The Statutes therefore provided shall be observed.

* 1.5771. That in all personall Actions, or Writs, wherein any man

cometh to distress, being brought against sundry persons, such of them as first cometh in, may have idem dies untill they all appear,* 1.58 and not to be suffered to fourch by Essoyns.* 1.59

The old Law shall be observed.* 1.60

72. The print touching the Office of the Chirographer Cap. 8. agreeth with the Record in effect,* 1.61 but not in forme.

73. The print touching Commissions of King Richard Cap. 9. agreeth with the Record in effect,* 1.62 but not in forme.

74. The print touching the Clarke of the Crown Cap. 10. a∣greeth ut supra.* 1.63

75. The print touching the Admirall Cap. 11. agreeth ut supra.* 1.64

76. The Commons of the County of Hereford complain against the incroachment and sundry extortions of the Officers of the For∣rest of Ewias,* 1.65 and pray redress and perambulation.

Upon the search and sight of the perambulation taken in the time of E. 3. order shall be therein taken.* 1.66

77. The print touching Welchmen Cap. 12. agreeth with the Record in effect,* 1.67 but not in forme.

78. The print touching the pardon of King Richard Cap. 13. agreeth ut supra.* 1.68

79. They require that the Statutes made in Annis 8 & 12 R. 2. touching the power of the Constable and Marshall,* 1.69 may be exe∣cuted; and further require a more streightning of their wilfull power, so as men might be duly tryed according to the Laws of the Realm.* 1.70

That Statutes therefore provided shall be observed.* 1.71

80. The print touching Purveyors Cap. 10. agreeth with the Record.* 1.72

81. It is enacted, that such persons as be taken, or imprisoned for Lollerie,* 1.73 may be taken forthwith to their answer.

82. The like motion and answer is made touching the extortion of the Sheriffs of Londons Officers in Smithfield,* 1.74 as in the last Par∣liament.

83. That remedy may be had against Parsons clayming Tithes of Meadows,* 1.75 or Wasts newly sowen.

Let him Sue that is especially grieved.* 1.76

84. It is enacted, that if any Welchman shall arrest any Eng∣lishmans Goods,* 1.77 or Chattels in Wales without cause, or take them out of the Marches into Wales,* 1.78 And that the Steward, or other Officer of such place, or Libertie in Wales do not deliver the same Goods or Chattels to the party grieved within seven days after the means to him, or them made, that then it shall be lawfull to those Englishmen to arrest such VVelchmens Goods of such place, or Libertie as shall come into England. The print Cap. 16. agreeth with this.

85. That all Traverses of Office,* 1.79 and Scire facias going out

of the Chancery may be tryed in the Kings Bench,* 1.80 or Common place.

* 1.81The Chancellor by vertue of his place may grant the same.

* 1.8286. That the VVrits of Supersedeas omnino, being onely delay to the party may no more be granted.* 1.83

* 1.84It shall be as it hath been.

* 1.8587. That all Estanks, Kiddells, Wears, and Mills raised upon Rivers to annoyance, at what time soever, may be removed.

* 1.86The Statutes therefore provided shall be observed.

* 1.8788. That all protections granted in certain particular Cases there recited may be revoked.

* 1.88The protections obtained by undue means shall be revoked as heretofore.

* 1.8989. They complaine, and request that the Jurisdictions of the Courts of Marshalsea and Admiralty,* 1.90 may be certainly lymited.

* 1.91The Statutes therefore provided shall be observed.

* 1.9290. The Commons of Salop, Hereford, Stafford, complain for that the towns of Gloucester, and Worcester,* 1.93 levyed Taxes for their Victuals,* 1.94 brought upon the River of Severne against their old Custome.* 1.95

* 1.96The King forbiddeth all extortions to be used.* 1.97

* 1.9891. That the Lords Marchers upon Wales be charged to bring forth such principall doers,* 1.99 as were in the late Treasons,* 1.100 and Re∣bellions of Wales,* 1.101 which are under their Jurisdiction.

* 1.102The King will save his own rights,* 1.103 and do right to others.

92. That no pardon be granted unto rebellious VVelchmen,* 1.104 un∣till they have made satisfaction unto the Kings Subjects of their losses sustained.* 1.105

* 1.106The King will enjoy his Prerogative.* 1.107

93. The print touching VVelchmen Cap. 17. & 18. agreeth with the Record in effect,* 1.108 but not in forme.

* 1.10994. It is enacted, that all such Englishmen as shall take, or re∣ceive any VVelchman to be his Tenant, shall take of him suffi∣cient sureties for his good demeanour.* 1.110

* 1.11195. The Print touching Welchmen Cap. 19. & 20. agreeth with the Record.

* 1.11296. That the Jurisdiction of the Constable of Dover,* 1.113 may be certainly limited, so as they hold plea of no matters done out of the same Castle,* 1.114 the Land belonging thereunto.

* 1.115The said Castle shall enjoy their Liberties duly used.* 1.116

* 1.11797. They complain against the undue taking of Wines by the Kings Butler in the name of prizes,* 1.118 as in the last Parlia∣ment.

* 1.119It shall continue as heretofore, saving the Kings right.* 1.120

* 1.12198. The print touching the wearing of Liveries Cap. 21. agreeth with the Record.

99. That the Writs out of the Exchecquer,* 1.122 datum est nobis in∣telligi, may no further be levyed.

The accustomed use shall continue.* 1.123

100. That in all Actions personall sued to the Exigent,* 1.124 the At∣torney of the Plaintiff may be sworn before the Exigent go forth,* 1.125 that the Contract, or Trespass was done, or made in the same County.* 1.126

There is sufficient remedy provided by the Law to meet with the falsehood of Attornys.* 1.127

101. That every man may as well be received in the Exchec∣quer to averre,* 1.128 that Sheriffs,* 1.129 and Bayliffs might have returned Issues as in other Courts.* 1.130

The Barons of the Exchecquer are charged to do right.* 1.131

102. The print for repeal of a branch of a Statute made 11 R. 2. swerveth from the Record Cap. 22.* 1.132

103. That the King do not grant away any Lands,* 1.133 or yearly profits, which may be by him kept, without the advice of his Councell.* 1.134

The King will be advised saving his Libertie.* 1.135

104. It is enacted, that no penall Law nor Statute made in this Parliament shall take effect before Pentecost then ensuing.* 1.136

Notes

• * 1.1

  Church Liberties.
• * 1.2

  Pluralities.
• * 1.3

  Non Residence.

  Proviso••s.
• * 1.4

  Chaplains.
• * 1.5

  Schollers.

  Praemunire.
• * 1.6

  Bulls to be can∣celled.
• * 1.7

  Appropriations.
• * 1.8

  Provisions.
• * 1.9

  Mony exported.

  Variance.
• * 1.10

  Marshall.

  Variance.
• * 1.11

  Fees ascertained.

  Marshall.
• * 1.12

  Warden of the Fleet.
• * 1.13

  Resp.

  Kings Councell.
• * 1.14

  Chancellor.
• * 1.15

  Justices.
• * 1.16

  Priors, Aliens.
• * 1.17

  Farmes.
• * 1.18

  Bishops Jurisdi∣ction.
• * 1.19

  Sheriffs over∣charged.
• * 1.20

  Resp.
• * 1.21

  Councell.
• * 1.22

  Protections.
• * 1.23

  Resp.
• * 1.24

  Protections re∣voked.
• * 1.25

  Consultation.
• * 1.26

  Tith-Wood.
• * 1.27

  Resp.
• * 1.28

  Arrest.

  Imprisonment.
• * 1.29

  Great Charter.
• * 1.30

  Resp.
• * 1.31

  Coyns.
• * 1.32

  Commons request D••spensation.
• * 1.33

  Provisions.
• * 1.34

  Justice stayed.

  Forfeiture.
• * 1.35

  Resp.
• * 1.36

  Offices found.
• * 1.37

  Livery sued.

  Dispossession.
• * 1.38

  Scire facias.
• * 1.39

  Resp.
• * 1.40

  Justices.
• * 1.41

  Nisi prius.
• * 1.42

  Judgement.
• * 1.43

  Resp.

  Old use.
• * 1.44

  Non suit.
• * 1.45

  Justices of Assize.
• * 1.46

  Deeds acknowled∣ged.
• * 1.47

  Enrolment.
• * 1.48

  Resp.
• * 1.49

  Subpoenas.
• * 1.50

  Chancery.
• * 1.51

  Exchecquer.
• * 1.52

  Resp.
• * 1.53

  Necessity.
• * 1.54

  Capias, Exigent.
• * 1.55

  Annuity, Detinue.
• * 1.56

  Covenant.
• * 1.57

  Resp.
• * 1.58

  Appea••ance.
• * 1.59

  Fou••rcher.

  Essoyns.
• * 1.60

  Resp.

  Old Laws kept.
• * 1.61

  Chirographer.
• * 1.62

  Variance.

  Commissions.
• * 1.63

  Clarke of the Crown.
• * 1.64

  Admirall.
• * 1.65

  Forrest Officers.

  Extortion.

  Incroachments.
• * 1.66

  Resp.

  Perambulation.
• * 1.67

  Welchmen.

  Variance.
• * 1.68

  Pardon.
• * 1.69

  Constable:

  Marshall.

  Jurisdiction.

  Triall.
• * 1.70

  Law of the Land.
• * 1.71

  Resp.
• * 1.72

  Purveyors.
• * 1.73

  Lollerie.
• * 1.74

  Extortion.

  Sheriffs of London:

  Smithfield.
• * 1.75

  Tythes.
• * 1.76

  Resp.
• * 1.77

  Welchmen, Wales.

  Goods attached.
• * 1.78

  Marches of Wales.

  Reprisall.
• * 1.79

  Traverse of Of∣fices.

  Scire facias.
• * 1.80

  Chancery triall C. B.
• * 1.81

  Res.

  Chancellor.
• * 1.82

  Supersedeas.
• * 1.83

  Delays.
• * 1.84

  Res.
• * 1.85

  Wears, Mils.

  Nusances.

  Rivers.
• * 1.86

  Res.
• * 1.87

  Protections re∣voked.
• * 1.88

  Res.
• * 1.89

  Jurisdiction.
• * 1.90

  Marshalsea.

  Admiralty.
• * 1.91

  Res.
• * 1.92

  Gloucester.
• * 1.93

  Worcester.
• * 1.94

  Taxes.

  Victuals.
• * 1.95

  Severne.

  Old Custome.
• * 1.96

  Resp.
• * 1.97

  Extortions.
• * 1.98

  Lords Marchers.
• * 1.99

  Wales.
• * 1.100

  Treasons.
• * 1.101

  Rebellions.
• * 1.102

  Res.
• * 1.103

  Kings Rights.
• * 1.104

  Pardon.

  Welchmen Re∣bels.
• * 1.105

  Satisfaction.
• * 1.106

  Res.
• * 1.107

  Kings Prerogative.
• * 1.108

  Welchmen.
• * 1.109

  Welchmen.
• * 1.110

  Sureties for good behaviour.
• * 1.111

  Welchmen.
• * 1.112

  Jurisdiction.
• * 1.113

  Constable of ••••¦ver.
• * 1.114

  Dover Castle.
• * 1.115

  Res.
• * 1.116

  Liberties.
• * 1.117

  Prisage of Wines.
• * 1.118

  Kings Butler.
• * 1.119

  Res.
• * 1.120

  Kings Right.
• * 1.121

  Liveries.
• * 1.122

  Exchecquer Writ••.
• * 1.123

  Res.

  Use.
• * 1.124

  Exigent.
• * 1.125

  Attornys Oath.
• * 1.126

  County.
• * 1.127

  Res.

  Law.

  Attornys falshood••
• * 1.128

  Exchecquer.

  Averments.
• * 1.129

  Sheriffs returns.
• * 1.130

  Issues.
• * 1.131

  Res.

  Barons of Exchec∣quer.
• * 1.132

  Repeal.

  Variance.
• * 1.133

  Kings Grants.
• * 1.134

  Councels advice.
• * 1.135

  Res.

  Kings Liberty.
• * 1.136

  Penal Laws.