Anno quinto Henrici quarti. The Parliament holden at WESTMINSTER the next day after Saint HILLARIE in the fifth year of King HENRY the Fourth.

ON MUnday the fourteenth day of Ianuary being the first day of the Parliament, the Bishop of London Brother to the King, and Chancellor of England,* in the presence of the King, Lords, and Commons declared the cause of the Parlia∣ment,* and that the Kings will was, that the holy Church, all per∣sons and Corporations should enjoy their Liberties.*

2. He took then for his Theame these words multitudo sapien∣tum; and thereby learnedly declared, that by Councell every Realm was governed,* and resembled every man to the body of a man, and applyed the right hand to the Church,* and the left hand to the Temporaltie,* and the other Members to the Commonaltie, of all which Members and Estates, the King being willing to have Councell had therefore called the same Parliament,* and that for sundry causes.

3. First for the utter appeasing of Welch Rebellions;* for re∣belling of the malice of the Duke of Orleance, and the Earl of St. Paule, who had bent themselves wholly against the King, and the Realm, and namely by their late arrivall in the Isle of Wight,* where they took the repulse. To consider the imminent perill of the Marches of Callice,* Guienne,* and other like Dominions; to re∣member the wars of Ireland and Scotland,* and not to forget to take an order touching the late Rebellions of Henry Percy,* and other their Adherents at the Battail of Shrewsbury, and so willed the Commons to choose,* and the next day to present their Speaker.

4. 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 Isls.

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

7. Tryers of Petitions for Gascoyn, &c. as above.

8. On Tuseday the fifteenth day of Ianuary, the Commons came before the King, and presented for their Speaker Sir Ar∣nold Savage,* who excused himself thereof,* but the King would not receive the same, but allowed the election: thereupon Sir Ar∣nold made the Common Protestation for himself,* and the Com∣mons which was accepted.

9. On VVednesday the sixteenth of Ianuary the Commons* Page  426 came before the King, and desired him to have regard to the char∣ges, for the repressing of the VVelch Rebels,* and keeping of the Sea,* to consult of the great charges of his House;* That the King and the Prince would give Liveries according to the Statute made.*

*10. That the King would provide for the repayring of his Ca∣stles, and Houses, and namely for his Castle at Windsor,* which were greatly in decay, and not to grant away,* the profits of those Castles, and Houses, and notwithstanding to stand to the repay∣ring of the same, without which he could not but run to the great charging of the Commons,* and to the subversion of the whole estate.*

*11. On Friday the eighteenth day of February, the Earl of Nor∣thumberland came into the Parliament before the King, and the Lords, and there by his Petition to the King acknowledged to have done against his allegiance, and namely for gathering of power,* and giving of Liveries,* wherefore he prayeth pardon, and the ra∣ther for that upon the Kings Letters, he yeilded himself, and came to the King into York, whereas he might have kept himself a∣way.

*12. The which Petition the King delivered to the Justices by them to be considered. Whereupon the Lords made Protestation,* that the order thereof belonged to them. And so they as Peers of this Parliament,* to whom such Judgement belonged in weighing the Statute of 27 E. 3. touching treasons, and the Statute of Li∣veries made in this Kings time, adjudged the same to be no treason,* nor Felonie, but onely trespass fineable to the King.

*13. For which Judgement the said Earl gave great thanks to the King, and Lords. And at the request of the said Earl, he the same Earl was then sworn to be true Liegeman to the King;* to the Prince the Kings eldest son, and to the heirs of his body begotten, and to every of the Kings Sons, and to their issue succeeding the Crown of England, according to the Laws, and that done the King par∣doneth the said Earl his Fine, and Ransome.

14. After which the Archbishop of Canterbury prayed the King,* that forasmuch as he and the Duke of Yorke, with other Bishops, and Lords were of sundry suspected to have been of the Confede∣racy of the said Henry Percie,* that the said Earl might publish the truth; the Earl upon the Kings commandement by his oath pur∣geth them all thereof.*

*15. And on this day the levying of War, of the said Sir Henry Percie, and others was adjudged treason by the King, and Lords in full Parliament.

*16. At the request of the Commons, the Lords accorded that four speciall persons should be removed out of the Kings House,* viz. the Kings Confessors, the Abbot of Dore, Master Richard Page  427 Durham,* and Crosby of the Chamber.* Whereupon Saturday the ninth of February the said Confessor, Durham, and Crosbie came into the Parliament before the King,* and Lords, where the King excused them,* saying that he then knew no cause, wherefore they should be removed, but onely for that they were hated of the peo∣ple,* and therefore charged them to depart from his House accor∣ding to the agreement,* and the like he would also have pronoun∣ced against the Abbot, if he had been present.

17. On the same Saturday the Commons gave great thanks to the King in full Parliament,* for the favour shewed to the Earl of Northumberland; and further declared, that this third time in wor∣ship of the Trinitie, the Lords, Bishops, and they were sworne to be true to the King,* to the Prince, and to his issue, and to every one of the Kings sons, severally succeeding the Crown of England, albeit the same was more then needed: for the which the King gave thanks unto them.*

18. The same day at the request of the Commons the King com∣manded the Earls of Northumberland,* and Westmerland in token of perfect amity to kiss each other in open Parliament,* and to take each other by the hand thrice, which they did, and so often they kissed each other as they took hands,* being thrice, and promised that their tenants, and men should do the like.

19. The same day the Commons prayed,* that such might be appointed to be the Kings Officers of Household,* as were renouned for vertue, and that the Lords, and Commons might be privie thereto.

20. Friday the two and twentieth of February at the request of the Commons,* the Earls of Northumberland,* and Dunbar in to∣ken of amity before the King, and Lords in full Parliament, took each other by the hand,* and kissed one the other.*

21. The same day at the request of the Commons,* the King in full Parliament affirmeth, the Archbishop of Canterbury, the Duke of Yorke, the Earl of Northumberland, and other Lords which were suspected to be of the Confederacie of Sir Henry Percy,* to be his true Liegemen, and that they nor any of them should not be impeached therefore by the King,* or his heirs at any time en∣suing.

22. The Commons rehearsing how King E. 3. in the parlia∣ment holden in the eleven of his raign, created his eldest son Duke of Cornwall, and the same Dukedome annexed to the Crown,* with divers Hereditaments by his Letters Patents,* by authority of the same never to be dismembred or sold away, they therefore pray the King to resume,* and sieze, and to unite again to the said Dutchy, such Lands as were sold away by Prince Edward, King Richard, or by the King himself.

Page  428*The same Petition was answered in effect following.

It is accorded by the King, and Lords that the Prince by the advice of his Councell shall have his scire facias,* or other his best means of recovery, wherein shall be allowed no protection,* or praying in ayde of the King,* unless it be for Sir Iohn Cornwall,* and Elizabeth his wife, late wife of Iohn Holland late Earl of Hun∣tington,* and for such persons to whom the King is bound by war∣rantie,* and thereby to render in value all such cases,* the Prince shall sue to the King.

24. The Commons do amend the Commission for the arraying,* or mustering of men,* and watching of the Beacons:* and pray the King, that from thenceforth, there should no other forme thereof be made; whereto the King with the assent of the Lords,* after con∣sultation therein had with the Judges of the Realm,* granted.

*25. The forme, and President of the same Commission.

*26. At the request of the Commons, certain Lords especially appointed agreed on the Articles ensuing.* First that all strangers taking part with the Anti-pope be not about the Kings person;* but do avoyd the Realm.

27. That other strangers Catholicks, as those of Dutchland be appointed to remain upon such Frontiers within the Realm where Garrisons are.*

28. That all French persons, Brittains, Lombards, Italians, and Bavarians whatsoever may be removed out of the House of the King and Queen,* except the Queens Daughters Maria, St. Miches, Alder and Iohn Purian and their Wives.

*29: That no VVelchman be about the Kings person.*

30. All which Articles on Thursday the one and twentieth of February,* the King by assent of the Lords established in full Par∣liament, gave in full charge to his chief Officers of Houshold, there named to put the same in execution, who at Supper then following did the same.

*31. After which for more comfort of the Queen and her Daugh∣ters, the King by the assent of the Lords established in full Par∣liament,* assigned to the Queen besides the persons aforenamed, two Knights, a Damosell, two Chamborers, one Mistress, two Es∣quires, one Nurse, and one Chamborer for the Queens Daughters, and a Messenger to go between at certain times.

*32. The King by his Letters Patents confirmed by Act of Par∣liament, the Commission at large, granted that certain Revenues and Custome there expressed, and amounting to the sum of 10100 l. should be yearly payd to the Treasurer of his House,* for the charges of the same his House. In which grant amongst other things it appeareth, that the profits of the Hamper in the Chance∣ry at this time was onely worth 2000 l. per Annum.*

*33. On Saturday the first day of March, the Arch-Bishop of Page  429 Canterbury, declared to all the Lords in the Kings presence, that the Kings will was that the Common Laws of the Realm should by no means be delayed;* that the Lords should take order for the Kings expences of Houshold,* and that there should be appointed certain Treasurers of the Wars,* who should imploy what was granted to the VVar onely, whereto the King agreed, and the Commons also.*

34. It is enacted that the Prior of Okeborne Proctor of the Abbey of Fishcamp in Normandie,* and all others Priors Coven∣tuall should remain in England,* for that they were Catholicks, and that all religious persons borne French,* should depart the Realm, and English put in their places.*

35. The Arch-Bishop of Canterbury declared openly in the Par∣liament,* that where there came on his head a Debt in the Exchec∣quer of 200 l. while Sir Roger Welden was Treasurer of England,* in the time of King Richard, he protested, that he owed no such debt, and prayed that the same his Protestation might be en∣tred.

36. At the request of the Commons it was enacted,* that if War should happen between the King,* and the French, and the Flem∣mings, that then the Kings Councell should have power to re∣move the Staple from Callice to what place they thought best,* and that no Patent should be granted to carry any of the said Marchan∣d•ze to any other place.* Vide post tit. 55.

37. The King at the sundry requests of the Councell,* doth name, and appoint as there doth appear, certain Bishops, Lords, and o∣thers to be of his great continuall Councell.

38. •or that the Sheriffs of Rutland,* had returned one William Ondeby for Knight for the same Shire, and not Thomas de Thorpe who was chosen, he was commanded to amend the same returne,* by returning Thomas Thorpe, and further was committed to the Fleet,* and to Fine, and Ransome at the Kings p•easure.

39. At the request of the Commons the King granted,* that one Bennet William, who was imprisoned to answer before the Con∣stable and Marshall of England,* should be tryed according to the Common Laws of the Realm,* notwithstanding any Commission to the contrary;* and thereupon a Writ was accordingly directed to the J•stices of the Kings Bench as may appear.*

40. Roger Deynecourte the son and heir of Iohn Deynecourte Knight,* complaineth of an erronious judgement given against him in the Kings Bench,* for Ralph de Alderlie touching the Mannour of Austie in the County of Warwick: the which Errors are there particularly rehearsed; whereupon a Scire facias was granted to the said Roger returnable in the next Parliament,* and Sir William Gascoyne Chief Justice for shortness of time,* examined a Copy of the Process, and Record word by word,* and gave a Copy thereof Page  430 under his hand to the Clarke of the Parliament.

*41. It was agreed between the Prince on the one part, and Iohn Cornewall, and the Countess of Huntington his wife on the other part. That the said Iohn, and Countess should surrender into the Princes hands all such Mannours,* and Hereditaments as were par∣cell of the Dutchy of Cornewall,* after which surrender an entry should be made in the Premises on the behalf of the Prince, and that after the said entry the Prince by Deed and Letters of Attorny to deliver seisure,* should grant the premises to the said Iohn, and Countess, and for that the Prince was within age,* he should promise before the Lords to performe the same at his full age,* and the pro∣mise to be made for the Prince his Brother, all which Acts should be done by Parliament.*

*42. Whereupon the twentieth of March as well the said Prince, as the said Iohn, and Countess came in proper persons before the King and Lords,* where the said Countess confessed, that she had during her life, certain Mannors parcell of the said Dutchy, upon which confession the King and Lords gave judgement, that the said Prince should be restored to the said Mannours aforesaid,* and that after seizure had, the Prince should make estate over as is a∣foresaid.

*43. The grant of the Prince to the said Iohn, and Elizabeth Countess of Huntington, during her life of the Castle and Man∣nour of Trematon, the Mannour of Calestocke, the Mannour of Ashburgh, the Castle, and Parke of Easternell, the Mannour of Pe∣rin of Penknith, the Burrows, and Towns of Lostwithiell, and Camelford, the whole fishing of the Mannour of Fowley,* the Man∣nour of Tewinton, the Mannour of Moreske, the Mannour of Tin∣tagell.

*44. This Deed being read in full Parliament, the Prince, the Lords Thomas, Iohn, and Humfrey made promise as aforesaid;* Li∣very,* and seizin was delivered to the said Iohn,* and Countess, and the King promised to confirme the same.*

45. At the Petition of Ioane Queen of England,* the King gran∣ted that she the said Queen should enjoy during her life, Lands, and Tenements to the full summe of ten thousand marks by the year for,* and in the name of her Dower,* according as other Queens of England had done.

*46. At the like Petition of Sir Iohn Cornwall,* and Elizabeth Lancaster Countess of Huntington his wife, the King granted that she the said Elizabeth should be a person able at the Common Law to sue and recover her Dower of all the Hereditaments,* late of Iohn de Holland Earl of Huntington her late husband, as well a∣gainst the King, as against all other persons, notwithstanding any Judgement against the said Earl, and notwithstanding the said Countess be not thereof dowable.*

Page  43147. The like Petition, answer, and grant is made to Constance late the wife of Thomas le Despencer,* for the recovery of her Dower of the Lands of the said Thomas as is aforesaid.*

48. Upon the Petition of Edward Duke of York touching 1000 l. by the year,* granted by Richard the second to Edward the Father, and to the heirs males in the 13 R. 2. the King granteth to Edward now Duke 4000 l. out of the Customs of Kingstone upon Hull,* and 289 l. 6 s. 8 d. out of the Customs of London;* as parcell of the said 1000 l. and to the heirs males of his body lawfully begot∣ten.

49. Iohn Earl of Somerset Captain of Callice,* and of the Mar∣ches thereof decla•eth, that where by Indenture between the King,* and him, he stood bound to keep the town, and Castle afore∣said, taking therefore for himself, and his Souldiers in time of truce,* and peace 6301 l. 11 s. 8 d. and in the time of 10509 l. 6 s. 8 d. whereof he was behind unpayed 12423 l. 12 s. 4 d. he therefore for want of payment p•ayeth due payment from thenceforth,* the which the King granteth.

50. Upon the Petition of Ioane late wife of Thomas Earl of Kent to have 1000 l. yearly during her life of the Hereditaments of the said Thomas,* the Kings by the assent of Edmond Earl of K•nt Brother of the said Thomas,* granteth to the said Ioane during life certaine Mannours, and Hereditaments there named, to the value of 300. marks over and above her joynture;* for the which the said Ioane releaseth to the said Edmond all her Dower.*

51 The Wardens of the Goldsmiths of London,* by their Peti∣tions shew how they ought to have the Survey,* and sight of the Cutters of London touching the working of Gold and Silver.

52. The Wardens of the Cutlers of London maketh the like com∣plaint.*

53. The King thereupon sendeth those Bills,* and two Writ to the Mayor of London, willing him to examine the whole matter,* and to certifie the same.*

54. The Mayor upon due examination certifieth,* that the Cut∣lers ought to work Gold, and Silver in their works, but that the Goldsmiths ought to have the assay of Gold,* and Silver by Cut∣lers wrought.*

55. The King thereupon by assent of the Lords confirmeth,* to the said Goldsmiths, their Charter granted 1 E. 3. with the clause of Licet, and granteth to them other Liberties.

56. Sir Bartholmew Verdon Knight, Iames White; Christopher White, and Stephen Garnon Esquires, being outlawed for sundry Robberies, and Fellonies done in Ireland,* whereby all their He∣reditaments were siezed into the Kings hands,* and granted away by the Lord Thomas the Kings son Lieutenant,* there the persons aforesaid, having their pardons for their lives,* require to be resto∣red Page  432 to their bloud, and to all their Hereditaments, the King resto∣reth them to all their Hereditaments during their lives onely,* not∣withstanding any grant to any person whatsoever.*

*57. Upon the Petition of Iohn son and heir of Iohn de Burley Knight,* Cosen and heir to Simon de Burley Knight, containing the effect expressed in 2 H. 4. tit. 39. The King by assent of the Lords,* wholly restoreth the said Iohn to all the Hereditaments of the said Sir Simon in possession,* reversion, or use, except there ex∣cepted, and except where the King for any of the said Lands is bound by warranty,* in which case the said Iohn shall sue his Scire facias.*