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 ...

The Parliament holden at Westminster in the Quindene of St. Michael, in the Sixth year of Henry the Sixth.

[unspec 1] IN the Quindene of St. Michael, being the thirteenth day of Octo∣ber, before the King,* 1.1 sitting in the Chamber de pinct,* 1.2 the Lords and Commons being present, Iohn Arch Bishop of York being Chancellor of England,* 1.3 declared the cause of the Parliament,* 1.4 ta∣king for his Theam, Machab. 2. cap. 4. Sine providentia regali impos∣sibile est pacem regibus dare: wherein he noted two points, the one the duty of the Prince towards the Subjects,* 1.5 the other the duty of the Subjects towards the Prince.* 1.6

[unspec 2] To the first he affirmed three things to belong, viz. That the Subjects should be kept from forein Invasion,* 1.7 that Peace might be kept within the realm,* 1.8 and that Justice should be indifferently ministred.* 1.9 And that three things belonged to the Subjects, viz. First, largely to relieve the Prince in cases of defence;* 1.10 In peace rea∣dily to obey all Magistrates;* 1.11 And humbly to submit himself to the lawes.* 1.12

[unspec 3] The which the better to accomplish, the King had assembled the same Parliament, whereby he also would that all Estates should enjoy their liberties:* 1.13 And for expedition herein,* 1.14 he wil∣led the Commons to make choice and presentation of their Spea∣ker the next day to the King accordingly.* 1.15

[unspec 4] Receivers of Petitions for England;* 1.16 Ireland, Wales, and Scot∣land.

[unspec 5] Receivers of Petitions for Gascoyne, and other places beyond the Seas, and of the Isles.

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

[unspec 7] Tryers of Petitions for Gascoyne, &c. as above.

[unspec 8] On the fifteenth day of October, the Commons presented before the King and Lords, Iohn Tirrill Esq to be their Speaker,* 1.17 whose excuse made,* 1.18 and not allowed, he with the common protestation was liked.* 1.19

[unspec 9] * 1.20The Chancellor, by the appointment of the Duke of Gloucester, to whom the Kings Letters Patents were made for proroguing the Parliament,* 1.21 did the same prorogue from the eighth day of Decemb. until the Quindene of St. Hillary then ensuing.* 1.22

[unspec 10] * 1.23The like power is given to the Kings Council for 24000 l. as in 4 H. 6. tit. 17.

[unspec 11] The Commons grant to the King, by the assent of the Bishops and Lords, Tonnage and Poundage for two years:* 1.24 of every Parish Church within the realm 6 s. 8 d. for every twenty Nobles in va∣lue, and 6 s. 8 d. of every person that holdeth immediately by a Knights fee, or according to the rate.

[unspec 12] The King, by common consent of Parliament, confirmeth to Henry Archishop of Canterbury the Letters Patents made by King H. 5. to the said Archbishop,* 1.25 of three acres of land, within the Town of Higham Ferres, parcel of the Dutchy of Lancaster, erected into a Chauntry by the said Archbishop,* 1.26 and of the Priory of Moresey an Alien,* 1.27 being parcel of the Abbey of St. Andreon in Normandy.

[unspec 13] The King by common assent granteth by his Letters Patents to Thomas de Roos,* 1.28 son and heir to Iohn late Lord de Roos, an especial livery of all his hereditaments.* 1.29

[unspec 14] The King by his Letters Patents confirmed,* 1.30 granteth that the Duke of Gloucester, and Earl Thomas of Salisbury, and their heirs and executors, should be discharged of certain Jewels which King H. 5. laid to them in gage,* 1.31 and of all Accompts due to the King.* 1.32

[unspec 15] Iohn Multon, and Henry Heart, Executors of the last Will and Testament of Iohn Harris of Cambridge,* 1.33 prayen remedy against one Iohn Colls, their Executor, for misusing himself: the which matter is committed to the Chancellor to be ended.* 1.34

[unspec 16] The Commons require the King to write to the Pope for the Purgation of the Archbishop of Canterbury,* 1.35 who was cited to Rome, as one that had wrought against the Pope in this realm.

[unspec 17] The King granteth by his Letters Patents to Iohn Merbury Esq 40 Marks out of the profits of the County of Gloucester during his life,* 1.36 in consideration that the said Iohn had so much out of the Ma∣nor of Isleworth in Midd. given to the Nuns of Sion.* 1.37

[unspec 18] At the Petition of certain men there named,* 1.38 to whom King H. 4. by Debentaries did owe, &c. It is enacted, that the said parties should be payed at the hands of the Executors of H. 4.* 1.39

[unspec 19] All servants of the late H. the fifths houshold, by especial name, require to have pardons of all debts due by them to the said H. 5. the which is granted,* 1.40 and confirmed.

[unspec 20] David ap Thomas of Cardegan in Southwales Esq by his Petition is made a Denizen.* 1.41

[unspec 21] Iohn Sutton Knight, hath the Kings Letters Patents of protecti∣on for one year.* 1.42

[unspec 22] The 3 day of May, Humfrey Duke of Gloucester, Protector and Defender of the Realm,* 1.43 in full Parliament affirmed, that he would not sit in the Parliament house,* 1.44 before he understood what the power of the Protector was, for as much as men speak diversly thereof.

[unspec 23] After deliberations herein had by the Council,* 1.45 and Lords, the answer in the beginning it was declared unto the same Duke, that he ought not to have been Protector,* 1.46 notwithstanding to satisfie his desire, it was granted, that he should be Protector, and have further power as in Anno 1 H. 6. (tit. 24, 25.)

[unspec 24] The which name of Protector or Defender,* 1.47 importeth onely a personal duty of attendance to the actual defence of the realm a∣gainst forein enemies,* 1.48 and inward rebels, and not any especial go∣vernment, as properly belongeth to Tutors,* 1.49 Leiutenants,* 1.50 Gover∣nours,* 1.51 or Regents;* 1.52 for if they had otherwise meant, they then would have expressed more, whereby in Council, as Principal Counsellor he had preheminence;* 1.53 but in Parliament he had no other place,* 1.54 than as the Duke of Gloucester: so as they wished him now to supply his place in Parliament, and to be content with the power aforesaid, for to other they would not grant.

[unspec 25] The names of such Bishops, and Lords and others are subscribed to the answer aforesaid.

[unspec 26] The alteration, and incorporation of the Abbesse and Nuns of Sion,* 1.55 for that the erection was to have the same Corporation as well by Canons as by Nuns,* 1.56 whereto Pope Martin the 5. would not agree,* 1.57 that there should be two Capacities in one foundation, whereto the Canons were exempted in title,* 1.58 but not in deed: so as they should serve securely.

[unspec 27] It is enacted by the King, Lords Temporal and Commons, that no man should contract or marry himself to any Queen of England without the especial licence and assent of the King,* 1.59 on pain to lose all his goods and lands.

The Bishops and Clergy agree to this Bill,* 1.60 as farr forth as the same swarveth not from the Law of God,* 1.61 and of the Church, and so as the same importeth no deadly sin.

Petitions of the Commons,* 1.62 with their Answers.

[unspec 28] THe print touching Exigents out of the Kings Bench,* 1.63 cap. 1. agreeth with the record.

[unspec 29] * 1.64That the Mayor and Officers of the Staple, may in all pleas be∣fore them proceed to the end, without any removing of the same•• according to the Law of Merchants,* 1.65 albeit the same be against the Common Laws.* 1.66

* 1.67The King will be advised.

[unspec 30] * 1.68The print touching the arrayes in Assize, cap. 2. agreeth with the record, onely in the record is 8. dayes, where the print is but 6.

[unspec 31] * 1.69That the Statutes made touching Merchants, Anno 5 H. 4. cap. 7, 9. may be observed, having thereto this adjunct, that the Offi∣cer doe make fine,* 1.70 and ransom at the Kings pleasure.

* 1.71The King will be advised.

[unspec 32] The like motion as in 4 H. 6. tit. 34.

* 1.72The Chancellor shall grant such licences as have been used, un∣til the King be otherwise minded.

* 1.73By the motion it appeared, that the Kings Tenants could not ordinarily have granted a licence of Alienation, unlesse he first shewed to the Council wherefore the same was made.

[unspec 33] A motion against a certain tryal in Wales called a Rayth.* 1.74

The King, and Lords Merchers will take order therein.* 1.75

[unspec 34] That the Justices of the Peace may award the Capias and Exigents against the giver,* 1.76 and wearer of liveries.* 1.77

The Statute therefore made shall be observed.

[unspec 35] That the Mayor,* 1.78 and Keeper of London for the time being, may have the execution of the Statute of Sewers touching the River of Thames.* 1.79 * 1.80

Let them shew the bounds of their Liberty, and they shall be answered.* 1.81

[unspec 36] * 1.82The print touching Labourers, cap. 3. agreeth with the re∣cord.

[unspec 37] That the Statutes made in Anno 7 H. 5. cap. 1. may continue for 6. years,* 1.83 with this adjunct, that the outlawed in the said Coun∣ty of Lancaster may enjoy any benefit of sute in any other place,* 1.84 other than in the said County, and that they forfeit no goods by such outlawry out of the said County.

* 1.85The King will be advised.

[unspec 38] * 1.86The print touching the election of Knights of the Shire, cap. 4. agreeth with the record.

[unspec 39] A motion touching the pardon of H. 5. of no great force.* 1.87

[unspec 40] That the Statute made Anno 3 H. 6. tit. 44. touching the river of Ley may be observed,* 1.88 with this adjunct, that all Bayliffs and other Officers within the precinct of the same,* 1.89 do attend upon the Justices,* 1.90 and that the Justices for every of their Sessions may have like fees as Justices of peace have.* 1.91

* 1.92The Statutes therefore made shall be observed.

[unspec 41] That all the Statutes touching the Staple may be confirmed,* 1.93 and that no licenses be granted.* 1.94

[unspec 42] That all men may have their free passage in Dragges,* 1.95 and Floats upon the river of Severn,* 1.96 without any thing paying there∣fore.

The King will be advised.* 1.97

[unspec 43] The print touching the Commission of Sewers,* 1.98 cap. 5. agreeth with the record.

The print touching the shipping of Merchants,* 1.99 cap. 6. agreeth with the record.

[unspec 45] It is enacted, that the Lords of the Councell shall have power to end all petitions not ended by Parliament,* 1.100 by the advice of the Justices.* 1.101

Whereof sundry bills,* 1.102 and petitions the twenty fifth day of Iune, were by certain of the Lords there named, in the Starr-chamber answered,* 1.103 and endorsed.

Notes

• * 1.1

  King.
• * 1.2

  Painted Chamber.
• * 1.3

  Chancellor.
• * 1.4

  Causes of the Par∣liament.
• * 1.5

  Kings duty.
• * 1.6

  Subjects duty.
• * 1.7

  Forein Invasion.
• * 1.8

  Peace kept.
• * 1.9

  Justice indifferent∣ly administred.
• * 1.10

  Princes relief.

  Defence.
• * 1.11

  Obedience.
• * 1.12

  Submission to Laws.
• * 1.13

  Liberties enjoyed.
• * 1.14

  Expedition.
• * 1.15

  Speakers choice and presentation.
• * 1.16

  Petitions.
• * 1.17

  Iohn Tirrill.

  Speaker presented.
• * 1.18

  Excuse.
• * 1.19

  Protestation.
• * 1.20

  Chancellor.
• * 1.21

  Patent.
• * 1.22

  Parliament Proro∣gued.
• * 1.23

  Kings Council.
• * 1.24

  Tonnage & Poun∣dage granted.

  Subsidy.
• * 1.25

  Archbishop of Cant. Letters Patents confirmed.
• * 1.26

  Chauntry.
• * 1.27

  Prior Alien.
• * 1.28

  Patents.

  Lord Roos.
• * 1.29

  Special Livery.
• * 1.30

  Patents.

  Release.
• * 1.31

  Kings Jewels gaged.
• * 1.32

  Account.
• * 1.33

  Executors.
• * 1.34

  Chancellor.
• * 1.35

  Commons.

  Pope. Rome.

  Archbish. purgation.
• * 1.36

  Patents.

  Annuity.
• * 1.37

  Nuns of Sion.
• * 1.38

  Petition.
• * 1.39

  Kings debts paid.

  Kings Executors.
• * 1.40

  Pardon of Debts to H. 5. his servants.
• * 1.41

  Petition.

  Wales. Denizen.
• * 1.42

  Protection.
• * 1.43

  Protectors power.
• * 1.44

  Protector refuseth to sit in Parliament.
• * 1.45

  Council and Lords answer.
• * 1.46

  Protector.
• * 1.47

  Protectors power and duty.
• * 1.48

  Realms defence a∣gainst Enemies and Rebels.
• * 1.49

  Tutors.
• * 1.50

  Leiutenants.
• * 1.51

  Governors.
• * 1.52

  Regents.
• * 1.53

  Principal Counsel∣lor,
• * 1.54

  Protectors place in Parliament.
• * 1.55

  Abbesse and Nuns of Sion.
• * 1.56

  Corporation.
• * 1.57

  Pope Martin.
• * 1.58

  Canons.
• * 1.59

  Mariage Contract with any Queen of England, prohibited without the Kings special License.
• * 1.60

  Forfeiture.

  Bishops conditional assent to a Bill.
• * 1.61

  Law of God.
• * 1.62

  Petitions.
• * 1.63

  Exigents.
• * 1.64

  Mayor of the Staple Pleas.
• * 1.65

  Law of Merchants.
• * 1.66

  Common Law.
• * 1.67

  Resp.
• * 1.68

  Array, Assize.

  Variance.
• * 1.69

  Merchants.
• * 1.70

  Fine and Ransom.
• * 1.71

  Resp.
• * 1.72

  Resp.

  Chancellor.

  Licenses.
• * 1.73

  License of Aliena∣tions.
• * 1.74

  Wales. Tryals.
• * 1.75

  Resp.

  Lords Merchers.
• * 1.76

  Justices of Peace.

  Capias. Exigent.
• * 1.77

  Liveries.
• * 1.78

  Mayor of London.
• * 1.79

  Resp.
• * 1.80

  Sewers. Thames.
• * 1.81

  Resp.
• * 1.82

  Labourers.
• * 1.83

  Statutes continued.
• * 1.84

  Outlary.

  Lancaster.
• * 1.85

  Resp.
• * 1.86

  Election of Knights.
• * 1.87

  Pardon.
• * 1.88

  River of Ley.
• * 1.89

  Bayliffs.
• * 1.90

  Justices.
• * 1.91

  Fees.
• * 1.92

  Resp.
• * 1.93

  Staple.
• * 1.94

  Licences.
• * 1.95

  Drags.
• * 1.96

  Floats.

  Severn.
• * 1.97

  Resp.
• * 1.98

  Sewers.
• * 1.99

  Shipping.

  [unspec 44] Merchants.
• * 1.100

  Lords of Cauncel.

  Petitions ended by them.
• * 1.101

  Justices advice.
• * 1.102

  Bills and Petitions answered out of Par∣liament.
• * 1.103

  Starchamber.