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
England and Wales. Parliament., Cotton, Robert, Sir, 1571-1631., Prynne, William, 1600-1669.
Page  403

Anno Secundo Henrici Quarti. Rex &c. Charissin o filio suo Henrico Principi Walliae,* & Duci Cornubiae, &c. apud Westm. Octavis de Hillarii &c. Teste Rege apud Westm-ter∣tio die Octobris. Numerus Nobilium & or∣do idem quod in prox. Praecedenti & Tho rping erat tunc Custos Quinque Portuum.

  • EDro. Duci Eborum.
  • Edro. Com. Rutland.
  • Iohi. Com. Dorset.
  • Tho. de Bello-campo Com. War.
  • Edro. Courtney Com. Devon.
  • Hen de Percie Com. Northumb.
  • Tho. Com Arundell.
  • Edro Com. Stafford.
  • Michael de la Poole Com. Suff.
  • Tho. Percie Com. igor.
  • Rado Nevill Com. Westmerland.
  • Tho. Camois.
  • Barth. Bourchier.
  • Iohi. de Cherleton de Powis.
  • Willo. de Clinton.
  • Mro. Tho. de la War.
  • Stephano Scroope de Masham.
  • Willelm. Roos de Hamelake.
  • Willo. Heron Chlr.
  • Hen. Fitz-Hugh.
  • Will. de Ferrariis de Groby.
  • Tho. de Morley.
  • Ric. de Scroope.
  • Hugoni Burnell.
  • Tho. Berkley de Berkley.
  • Iohi. de Welles.
  • Phillippo le Dispencer.
  • Almarico de St. Amando.
  • Rado de Cromwell.
  • Roberto Baroni de Graystock.
  • Rob. de Harrington.
  • Iohi. Dacre.
  • Waltero Fitz-Walter.
  • Will. de Willoughby.
  • Iohi. Cobham Chlr.
  • Will. Dacre.
  • Ioh. Nevill de Halmshyre.
  • Rico. Seymore.
  • Will. Beauchamp de Burgaveny.
  • Tho. Nevill de Fishmerch.
  • Rico. Gray de Codonore.
  • Reg. Gray de Ruthin.
  • Tho. Bardolf de Wermegey.
  • Roberto de Scales.
  • Petro de malo lacu.
  • Willo. Zouch de Harringworth.

Tho. de Erpingham Custodi Quinque Portuum.

Page  404

The Parliament holden at WESTMINSTER, in the Utaves of Saint Hllarie, in the Second year of King HEN∣RY the Fourth.

*ON the same Thursday being the 20 th. day of Ian. the Knights and Burgesses were called into the Chancery within Westminster Hall before the Chancellor,* and the Steward of the Kings House by name,* upon whose appearance the Parliament was continued untill Friday following,* and so appointed by the Chan∣cellor on the Kings behalf.

*2 The same Friday Sir William Thurning Chief Justice of the Common Pleas, by the Kings Commandment declared, that the Parliament was called,* to the end that the holy Church,* and all o∣ther Persons and Corporations should enjoy their Liberties,* that all good Laws should be executed,* and Justice truely ministred,* and that nothing should be done in derogation of the Common Law.*

3 He then rehearsed at what great charges the King had been at,* namely about his Coronation,* for the suppression of the late re∣bellion attempted by certain Nobles:* his voyage towards the Scots,* and touching the resisting of the rebellion in the North Wales,* all which adventures he attempted in his own proper person;* He fur∣ther sheweth how the King was bound to return the Queen into France,* with all such Jewels and habilities as King Richard had with here in marriage;* He remembreth the charges for keeping of Callice,* and other the Kings Fortresses, and especially the Dutchie of Guienne,* being annexed to the Crown, for the which, war was likely to ensue,* in that the French King had created his eldest Son Duke of Guienne, and for the wars in Scotland and Ireland;* for which great charges the Lords and Commons were to consult,* considering the great importance, and so willed the Commons to choose, and the next day to presentt, heir Speaker.*

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

5 Receivers of Petitions for Gascoin, and other places beyond the Seas, and of the Isles.

6 Triars of Petitions for England, &c. as above.

7 Tryars of Petitions for Gascoin &c. as above.

*8 The Saturday the 22. of Ianuary, the Commons presen∣ted unto the King Sir Arnold Savage for their Speaker, who made the Common Protestation for himself and the Commons,* the which was granted and enrolled.

9 After which the same Sir Arnold in few words of his authority Page  405 declared before the King and Lords, the cause pronounced by Sir William Thurming: the Lords and Commons granted to the King one Desme and a Fifteen,* two shillings of every Tun of Wine,* and 8 d. of every pound of Merchandize.

10 On Tuesday the 25 th. of Ianuary, the Commons in full Parliament gave to the King most heartie thanks,* touching his pro∣mise for the maintenance of the Catholique Faith.*

11 They the same day require the King that he would not give an eare to any flearing and untrue reports of the Commons- house,* untill the end might try the same, whereunto the King gran∣ted.

12 The same day the Commons declare to the King,* how that to every good government three things belonged,* viz. Wisdome, Prowis, Manhood, and Riches, all which they affirme to be in the King and his Nobles as the World knew,* and that they approved, for that the hearts and good wills of the Subjects (which the King had) was the riches of the King:* wherefore with certain reasons they perswaded the King not to agree to the Challenges which the French had made to the King and his Nobles,* which the King promiseth not to attempt without their advices,* and giveth them thanks for their tender good wills towards them.*

13 On Monday the last of Ianuary, the Commons by mouth require certain Petitions of the King,* the which the King willeth to put in writing,* and promiseth answer.*

14 On Wednesday being the 9 th. of February, the Bishop of Norwich came to the Parliament,* whom the King caused to be placed in his accustomed place; after which the King spake to Sir Thomas de Erpingham his Vice-Chamberlain, then being between the Duke of York and the Earl of Warr. who sat then there in their places, and said, that he took the accusations of the said Thomas,* against the said Bishop to be good, and to proceed of great zeal born unto him: the King notwithstandig considering the order of the said Bishop,* and that he was of the Kings lineage,* and further, of his better behaviour, the King had pardoned the said Bishop all his misprisions done against his person, the Bishops all therefore gave thanks to the King in open Parliament,* to make the said Bishop, and the said Sir Thomas to shake hands,* and to kiss each o∣ther in token of amitie.*

15 The Commons the 21. of February pray the King to ex∣ecute the ordinance of King Richard the Second upon the Con∣quest of Wales,* viz. That no Welchman born should bear any Office there,* &c. The King promiseth to send for them, and to cause execution.

16 The same day the Commons require the King,* that he would according to the use and laws of the Realm, seize into his hands the Houses and Lands of all Priors, Aliens, and Donatives during the Wars.*

Page  406*17. The King requireth advice, and promised therein to do as the Bishops, and Lords should will him to do.

*18. The same day upon the like motion, the King revoketh all Annuities granted out of the Custome of Wools.*

*19. On Saturday the 26. of February the Commons before the King made sundry requests, and among them brought in their assent touching the Bill for the order of Cisteaux,* which the Arch-Bishop of Canterbury brought to them before; saying, that the King, and the Lords had agreed thereto according,* as it doth here∣after appear.

*20. At the same time they require the King to commit the charge of the Wool weighing, King Richards Inventory of his Goods,* which the Treasurers had to them delivered,* to some such per∣sons as might make due enquirie thereof to the discharge of the Commons.*

21. They also require, that all the matters of the same Par∣liament might be ingrossed before the departure of the Justices.* It was answered, that the Clarke of the Parliament was appointed to do his best indeavour therein.*

*22. They also require two certain Commissions late sent to Cities, and Towns for the making of certain Boats, and Ballengers being done without assent of Parliament may be repealed:* It is considered that after Conference with the Lords thereon reaso∣nable answer should be made.*

23. At the same time, the Commons declare:* that it was not the use, that they should grant any Subsidie,* before they had answer to there Petitions, and pray the observation thereof from thence∣forth. The King therein requireth Conference with the Lords;* And at the last day of the Parliament it was answered, that there was never any such use seen,* but that the Commons should first make an end of all other things, the which order the King meant not to alter.

24. The same day the Commons require of the King that Sir William Bagot,* who was impeached of grievous facts, and thereof acquitted; might be restored to all his Lands.* The King answered that as he allowed the pardon of the same Sir William,* so would he otherwise shew him Justice.

*25. The print touching express mention in Letters Patents Cap. 2. agreeth with the Record.

*26. The Commons on Wednesday the second of March do a∣gree to the power granted to the King,* for the moderation of the Statute touching Provisors in the last Parliament; beseeching the King that the same may not Licence any Cardinall,* or Stranger to enjoy any Benefice within the Realme.*

27. They then also pray the King, that in the same moderation he would consider the painfull service of Master Richard Clifford the Keeper of the Privy Seal.*

Page  407The King the same promised.

28. They also therein require the King to have consideration of the Universities of Oxford,* and Cambridge.*

29. The same day was a VVrit sent to the Sheriffs of London,* for the burning of William Sawtre a Clarke,* convicted of the Cler∣gie, and by them appointed and brought to be burned.

30. The Lords Temporall by the assent of the King,* adjudged Thomas Holland late Earl of Kent,* Iohn Holland late Earl of Hun∣tington, Iohn Mountague late Earl of Salisbury, Thomas le De∣spencer, and Raph Lumley Knight, and divers others of England, who were for their Rebellions, and Treasons by certain of the Kings Subjects taken, and beheaded,* to be Traytors; and that they forfeit all such Lands,* as they had in Fee the fifth of Ianuary in the first of this King, or at any time after, together with all their Goods, and Chattels.

31. The names of such Lords,* and others as were at the same Judgement.

32. On Wednesday the fifth of March, the Commons coming before the King shew,* how that the States of the Realm might be well resembled to the Trinity,* viz. the King the Bishops, and the Lords, and Commons, wherein ought to be unitie, and there∣fore prayed the King to appease the Earl of Rutland,* and the Lord Fitz-Walter, both of whom kneeling submitted themselves to the Kings order,* who promised an order.

33. The same day the Commons first and the Lords after pray,* the King in consideration of the Earls of Rutland,* and Somerset in the Rebellions, tryed to admit them to their Goods, Names, and Liberties, and to his favour as fully as any other Lords, not∣withstanding the Judgement made against them primo Regis. The which with thanks for their motion the King then doth.*

34. The Commons do grant,* that after a year, and six months, the King may reenter upon any of the Farmers for non payment of his Rent,* except for the Fee Farmes of Lordships,* Cities and Towns, and that from thenceforth the King may make express mention thereof.

35. The Commons pray the King that Sir Richard Clifford Keeper of the Privy Seal,* might enjoy the Bishoprick of Bath and Wells, whereto he was commended by the Popes Bull,* notwith∣standing the Statute of Provisors.* The King answered, that could not be so, for as much as Master Henry Bonnett was elected there∣unto by the Laws of the Realm,* but otherwise he would remem∣ber the same Sir Richard in another time.

36. At the request of the Commons it was enacted by the King,* that Dame Philip, late the wife of Robert de Vere Duke of Ireland, shall enjoy for her Dower all the Lands,* as she then had during the minoritie of the heir of Auberie de Vere late Earl of Oxford,* so as if the said heir at his full age doe confirme her estate, that then Page  408 she should have all the Hereditaments of the said Robert, otherwise to forfeit the same;* and that the said Philip should then have her part during her life as of the Kings gift.

*37. Upon the Petitions of Sir Ralph Holt, and Sir William de Burgh, the King restoreth them to their blood, and to all their Hereditaments, being in the Kings possession, or reversion, not∣withstanding any Judgement given against them in Anno 11 R. 2.

*38. The Record, and Process given in the Kings Bench against Edmond Basset for certain Lands expressed in 15 R. 2. tit. 29. was brought into the Parliament,* and are annexed to this Record, whereupon the Judgement in the Kings Bench,* for certain Errors was reversed, and restitution of the premises,* with the main pro∣fits restored to the said Edmond.

*39. Upon the Petition of Iohn son and heir of Roger de Burley, the Cosin and heir of Sir Simon de Burley Knight, the King revoketh the Judgement made against Simon in Anno 11 R. 2. and restoreth the same Iohn to his blood,* saving that the last Will of King E. 3. may be performed touching the Abbey of our Lady of Grace next the Tower of London,* the Free Chappels of St. Stephens,* and the Fryers Preachers of London.* Vide 5. 14.4 H. 5.4.

40. Upon the like Petition of the Prior of Newport Pannell as before was granted as Scire facias returnable in the next Parlia∣ment.*

*41. The print touching the order of Cisteaux Cap. 4. agreeth with the Record in effect, though not in forme.

*42. The print touching provisions from Rome Cap. 3. agreeth as before.

*43. The King upon Petition of the Mayor, and Merchants of the Staple of Callice,* revoketh certain particular Licences granted to the Merchants of New Castle upon Tyme,* for transporting of Staple VVare to other places than to Callice.

*44. The Commons require the King, to help to pacifie the Schism of the Church,* which had of long time continued, so as the same might be no charge to the Realm; The Lords require the same.* The King answered, the Bishops shall consider the same.*

*45. On Thursday the tenth of March, the Commons require that the Article touching the moderation made at the last Parlia∣ment,* concerning the Act of Provision may be examined,* for as much as the time was recorded otherwise than was agreed. The King granteth thereunto, by Protestation,* that the same should be no example. And upon examination the Bishops, and Lords affir∣med the same to be duly done,* the which the King then called to remembrance.

*46. The same Thursday being the last day of the Parliament, the Commons kneeling before the King, beseech the King to par∣don them, if happily they should through ignorance offend.* The King granted.

Page  40947. The Commons assemble unto Mass,* where the Archbishop read the Epistle, and Gospell, the King did the Sacrifice by pro∣mising to maintain the Churches Faith,* and they were come to say, Ite, missa est, & Deo gratias; they offer their granted Subsidie a∣foresaid,* for which the King giveth them thanks,* and the Chan∣cellor willeth them to depart.*

48. The print touching the converting, or punishing of such as hold any erronious opinion Cap. 15. far swerveth from the Re∣cord,* and not onely in forme, but much more in matter also to maintain tyranny; then in the Record, which note well.

And note that this was the first Statute, and Butcherly Knife, that the impeaching Prelates procured, or had against the poor Preachers of Christ Gospell.

Petitions of the Commons, with their Answers.

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

50. That all such as procure from Rome any Pluralitie,* or Non-Residence do incur the pain of Provisors,* except the Chaplains of the King,* of the Arch-Bishops, or Bishops, and except Schollers,* and that such as then had any of the said Bulls,* 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,* on the like pain. The King will be thereof advised.

52. The print Cap. 3. touching provision from Rome,* 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,* 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,* but not in forme.

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

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

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

Page  410*57. The Commons pray that all Sheriffs being overcharged be eased thereof.

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

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

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

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

*It shall be as heretofore.

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

*The Statutes, and Common Laws shall be kept.

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

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

*64. 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.

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

*65. That where two Offices be found, proving severall titles for the King, and Livery,* 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.*

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

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

*It shall be as heretofore it hath been.

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

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

*It shall be as heretofore it hath been.

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

*Such VVrits shall not be granted without necessity.*

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

The Statutes therefore provided shall be observed.

*71. That in all personall Actions, or Writs, wherein any man Page  411 cometh to distress, being brought against sundry persons, such of them as first cometh in, may have idem dies untill they all appear,* and not to be suffered to fourch by Essoyns.*

The old Law shall be observed.*

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

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

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

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

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

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

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

79. They require that the Statutes made in Annis 8 & 12 R. 2. touching the power of the Constable and Marshall,* 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.*

That Statutes therefore provided shall be observed.*

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

81. It is enacted, that such persons as be taken, or imprisoned for Lollerie,* 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,* as in the last Par∣liament.

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

Let him Sue that is especially grieved.*

84. It is enacted, that if any Welchman shall arrest any Eng∣lishmans Goods,* or Chattels in Wales without cause, or take them out of the Marches into Wales,* 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,* and Scire facias going out Page  412 of the Chancery may be tryed in the Kings Bench,* or Common place.

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

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

*It shall be as it hath been.

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

*The Statutes therefore provided shall be observed.

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

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

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

*The Statutes therefore provided shall be observed.

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

*The King forbiddeth all extortions to be used.*

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

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

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

*The King will enjoy his Prerogative.*

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

*94. 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.*

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

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

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

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

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

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

Page  41399. That the Writs out of the Exchecquer,* datum est nobis in∣telligi, may no further be levyed.

The accustomed use shall continue.*

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

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

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

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

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

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

The King will be advised saving his Libertie.*

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