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 ...

About this Item

Title
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 ...
Author
England and Wales. Parliament.
Publication
London :: Printed for William Leake ...,
1657.
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Subject terms
Tower of London (London, England)
Constitutional history -- Great Britain -- Sources.
Archives -- Great Britain.
Link to this Item
http://name.umdl.umich.edu/a34712.0001.001
Cite this Item
"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 ..." In the digital collection Early English Books Online. https://name.umdl.umich.edu/a34712.0001.001. University of Michigan Library Digital Collections. Accessed June 4, 2024.

Pages

Page 383

Anno Primo Henrici Quarti. Rex,* 1.1 &c. Henr. Duci Lancastriae, &c. apud Westm. in Festo Sct. Fidis Virginis &c. Sexto die Octo∣bris 13. 99. Teste Rege apud Westm. 30. Septembris.

  • EDro. Duci Eborum.
  • Edro Duci Albemarliae.
  • Tho. Duci Surr.
  • Iohi. Duci Oxoniae.
  • Iohi. Marchioni Dorset.
  • Tho. de Bellocampo Com. War.
  • Alberto de Vere Com Oxoniae.
  • Edro. Courtney Com. Devon.
  • Ioh. de Monteacuto Com. Sa∣rum.
  • Hen. Percie Com. Northumb.
  • Edro Com. Stafford.
  • Michael de la Poole Com. Suffs.
  • Tho. de Percie Com. Wigor.
  • Tho. de le Dispencer. Com. Glou∣cest.
  • Rado Nevill Com. Westmerland.
  • Tho. Camois.
  • Ioh. Bourchier.
  • Iohi. de Cherleton de Powis.
  • Willo. de Clinton.
  • Mro. de la Ware.
  • Stephano le Scroope de Masham.
  • Willelm. de Roos de Hamelake.
  • Hen. Fitz Hugh.
  • Will. de Ferrariis de Groby.
  • Tho. de Morley.
  • Ric. le Scroope.
  • Hugoni Burnell.
  • Tho. Berkley de Berkley.
  • Iohi. de Welles.
  • Phillippo. le Dispencer.
  • Almarico de St. Amando.
  • Rado de Cromwell.
  • Rado de Lumley.
  • Rado Baroni de Graystock.
  • Rob. de Harrington.
  • Iohi. Darcey.
  • Waltero Fitz-Walter.
  • Will. de Willoughby.
  • Iohi. de Cobham Chlr.
  • Will. de Dacre.
  • Tho. Nevill de Halmshyre.
  • Rico. Seymore.
  • Will. Beauchamp de Burgaveny.
  • Ioh. Lovell de Fishmerch.
  • Rico. Gray de Codonore.
  • Reg. Gray de Ruthin.
  • Tho. Bardolf de Wermegey.
  • Roberto Scales.
  • Petro de malo lacu.

Page 384

The Parliament holden at Westminster the Munday in the Feast of St. Faith in the First year of King HENRY the Fourth.

* 1.21 THe same Monday being the 6th. of October, Thomas de Arun∣dell, Archbishop of Canterbury, by the Kings comman∣dement,* 1.3 who then sate in his Royall Estate in the great Hall at Westminster,* 1.4 there being present the Lords and Commons, de∣clared how that a Parliament was summoned by King Richard, to be holden there the Tuesday next before, the which summons was undone and void by the acceptation of the renouncing of the same King Richard,* 1.5 and deposing of him, made the same Tuesday in the presence of the King, Lords, and Commons, as by the Process hereafter shall appear.

* 1.62 He then shewed, how this most famous Realm for abundance of all felicities, was long governed by children and young Councell,* 1.7 and thereby like utterly to have been despoiled and wasted, had not God sent a wise and discreet man to govern the same,* 1.8 who meant by Gods help to be governed by the wise and old heads of the Realm.* 1.9

* 1.103 After this he took for his Theam these words of the Macca∣bees, 1. Incumbit nobis ordinare pro Regno, and that is to say, It is the Kings will to be governed by the Honorable, Discreet, and Sage of the Realm, and by their common consent, and not by his own will, ne after his own fashion to rule the same; And further enforced, that this Realm of any under the Sun might best live of it self, and for proof alledged this Authority, quod inter Regna, hoc principatum tenet.

* 1.114 He further addeth, that to every good government three things belong, viz. Justice;* 1.12 the Laws duely observed;* 1.13 and every Estate in his vocation well governed: and thereupon heaped many reasons, whereof this Realm ought with all renown to be governed: and said further, that the King meant to observe those three points.

* 1.145 He concluded, that King Henry their Lord, meant to be crowned the Monday ensuing, and after that done, wholly to addict him∣self to matters touching the Common-Wealth:* 1.15 and prayeth of the Commons,* 1.16 the continuance of the Parliament untill the Tuesday ensuing:* 1.17 after which Henry de Percie, Earl of Northumberland,* 1.18 and Constable of England, demanded of the Lords and Commons by the Kings commandment, whether they would agree to the same continuance, who all being severally examined, agreed there∣unto.

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

Page 385

7 Receivers of Petitions for Gascoin,* 1.19 and other places beyond the Seas, and of the Isles.

8 Tryars of Petitions for England, &c. as above.

9 Tryars of Petitions for Gascoin, &c. as above.

The Record of the renunciation of King Richard the Second,* 1.20 and the acceptation of the same, together with the deposition of the said King.

10 On Monday the Feast of St. Michaell, in the 23 year of the raign of King Richard, The Archbishop of Canterbury, the Bi∣shop of Hereford, Henry Earl of Northumberland, Ralph Earl of Westmerland, Hugh Lord Burnell, Thomas Lord Berkley, the Prior of Canterbury, and the Abbot of Westminster, William Thurming Knight, William Markham Justice, Thomas Stow, Iohn Burach, Doctors of the Law, Thomas of Erpinham, and Thomas Gray, Knights, William Forraby, and Dennis Lopham, publique Nota∣ries by the assent of sundry of the Lords Spirituall and Tempo∣rall,* 1.21 and other Lawyers of of all faculties,* 1.22 gathered in Councell in Westminster in the place accustomed, appointed to execute the Act here underwritten, came to the presence of King Richard, being in the Tower, about nine of the clock.

11 The Earl of Northumberland for and in the name of them all, remembred the said King Richard,* 1.23 of his promise made to the said Arch-Bishop, and to him the said Earl at Conway in Wales, at what time the said King Richard was at libertie, How that he for certain defaults and inabillities in himself to rule, would renounce and give up the Crowns of England and France, with the whole rule of the same, and that by the best advice that could be devised; King Richard thereto mildly answered, That he would willingly accom∣plish the same.

12 After this the same day Henry Duke of Lancaster, accompa∣nied with the persons aforesaid, with the Arch-Bishop of Canter∣bury, the Lords of Roos, Willoughby and of Burgaveny, came into the Tower into the presence of the said King Richard,* 1.24 where, after familiar talk had between the King, the Duke, and Arch Bishop of Canterbury, and sundry chearfull countenances; In the end the same King, calling all them that were present, said openly That he was ready to make his aforesaid Renunciation; and thereupon it was of∣fered that the Instrument should be read by an Order.* 1.25 The same King, notwithstanding willingly and chearfully took and through∣ly read the same Instrument, in effect following.

13 The Instrument contained a clear absolution and discharge of all his Subjects Oaths and Obeysance;* 1.26 with free renouncing of all Regiment and Rule, and all things belonging thereto; to all which he swore upon the Gospell, never in thought, word, or deed to impugn, but wholly to observe the same: the which Scedule or Instrument he subscribed with his own hand.* 1.27

14 After which done, the same King by word affirmed, That

Page 386

if it had been in his power, he would have appointed the said Duke of Lancaster to have succeeded him,* 1.28 which sith it did not, he required the said Arch Bishop of Canterbury and the Bishop of Hereford, whom he made his Procurators,* 1.29 to publish the same to the whol Estates and in token thereof pulled from his own finger a Ring of Gold of his own privy Signet,* 1.30 and put the same on the Dukes fin∣ger.

* 1.3115 This company bidding the King farewell, departed out of the Tower, and came the next day into the great Hall of West∣minster, the place being honorably garnished for the Parliament,* 1.32 where the said Arch-Bishop and Duke, and other Bishops and Lords after named, together with the Commons siting in their accustomed place, where also the Kings Seat being very richly decked was void of any President;* 1.33 A which time the Arch-Bi∣shop of Canterbury and Bishop of Hereford caused the renunciati∣on aforesaid to be openly read and declared,* 1.34 with all other circum∣stances; of which the Arch Bishop as chief was first demanded, and so orderly of all others, whether they would admit the same Confession or no, all who particularly admitted the same.

* 1.3516 After which admission it was thought good and expedient over and above the same, to expresse by certain Articles, the evill government of the King, whereby he ought justy to be depo∣sed.

* 1.3617 First was alledged the Kings Oath made at his Corona∣tion.

* 1.3718 The Objections and Articles laid against the King Richard wherefore he was deposed, are in the whole the number of 33 worth the noting and well marking.

* 1.3819 First for wasting and bestowing of the lands of the Crown upon unworthy persons, and over charging the Commons with Exactions.* 1.39

* 1.4020 For that the King by undue means procured divers Justices to speak against the Law, to the destruction of the Duke of Glou∣cester, and the Earls of Arundell and Warwick at Shrewsbu∣ry.

* 1.4121 For that the King against his promise, procured the Duke of Ireland sundry Rebels about Cheshire, where diverse murders by him were committed.

* 1.4222 For that the King against his own promise and pardon, at the solemne procession apprehended the Duke of Gloucester, and sent him to Callice, there to be choked and murdered, beheading the Earl of Arundell, and banishing the Earl of Warwick, and the Lord Cobham.

* 1.4323 For that the Kings retinue, and rout gathered out of Cheshire about the apprehension of those Nobles, committed diverse Mur∣ders, Rapes, and other Fellonies, besides refusing to pay for their Victualls.

Page 387

24 For that the King condemned the Nobles aforesaid,* 1.44 for diverse rodes made within the Realm, contrary to his open Proclama∣tion.

25 For that the King doubly Fined men for their pardons.* 1.45

26 For that the King to oppress his whole Subjects, procured in his lst Parliament, that the power thereof was committed to certain Persons.* 1.46

27 For that the King being sworne to minister right, did notwith∣standing enact in the last Parliament, that no mediation should be made for the Duke of Lancaster,* 1.47 contrary to his said Oath.

28 For that the Crown of England being freed from the Pope,* 1.48 and all other forraign power, the King notwithstanding procured the Popes Excommunication on such as brake the last Parliament,* 1.49 in derogation of the Crown, Statutes and Laws of the Realm.

29 For that the King banished the Duke of Lancaster for 10. years,* 1.50 without any cause, as the same King openly affirmed.

30. For that the King unlawfully revoked the Letters Patents,* 1.51 made to the said Duke of Lancaster, as in An 21. Tit. 87.

31 For that the King contrary to the Laws and wills of the Justices, suffered Sheriffs to continue longer than one year,* 1.52 and placed such therein, as were unfit.* 1.53

32. For that the King repayed not to his Subjects debts of them borrowed.* 1.54

33 For that the King in the time of Truce and Peace, exacted great Subsidies,* 1.55 and wasted the same about frivilous matters.

34 For that the King refused to execute the lawes,* 1.56 saying that the lawes were in his Mouth and Breast.* 1.57

35 For that the King, by procuring by Statutes that he might be free as any of his Progenitors,* 1.58 did under colour thereof convert lawes according to his will.

36 For this which agreeth with the first part of the thirtieth title before.

37 For that the King procured Knights of the Shires to be made to serve his own will.* 1.59

38 For that the King enforced Sheriffs to be sworn to execute all commandements under the great Seal,* 1.60 privy Seal, or Signet, contrary to their accustomed Oaths.

39 For that the King, to wrack money from his Subjects,* 1.61 pro∣cured seventeen severall Shires to submit themselves to his Grace, whereby great summes of money were levied.

40 For that the King being sworn to observe the liberties of the Church,* 1.62 notwithstanding, at his Voyage into Ireland enforced di∣vers religious persons to give Horse, Armour, and Carts.

41 For that the Justices,* 1.63 for their good good councell given to the King, were with evill countenance, and threats rewar∣ded.

42 For that the King of his own will, in passing into Ireland,

Page 388

carried with him, the Treasure,* 1.64 Reliques, and other Jewels of the Realm, which were used safely to be kept in the Kings own Coffers from all hazard: and for that the same King cancelled,* 1.65 and razed sundry Records.

* 1.6643 For that the King by writing to foraign Princes, and to his own Subjects is reputed universally, a most variable & dissembling man.

* 1.6744 For that the King would commonly say among the Nobles, that all Subjects Lives,* 1.68 Lands, and Goods, were in his hands with∣out any forfeiture.

45 For that the King suffered his Subjects to be condemned by Marshall Law,* 1.69 contrary to his Oath and the Laws of the Realm.

46 For that the Subjects being only bound by their allegiance, were yet driven to take certain new Oaths,* 1.70 for serving the folly of the King.

47 For that the King by his private Letters, would charge the Ecclesiastical Ministers in any new Canonical matter,* 1.71 to stay, con∣trary to his Oath.

48 For that the King by force in his Parliament, banished the Arch-Bishop of Canterbury,* 1.72 without any good ground.

49 For that the King by his last will passed under the great Seal and privie Signet, gave unto his Successors, certain Money and Treasure, upon condition to perform all the Acts and Orders in the last Parliament,* 1.73 which being ungodly, and unlawfull, he meant as ungodlily to dye in.

50 For that the King in the 11. of his Raign, in his Chappell, in the Mannour of Langley, in the presence of the Duke of Lan∣caster and York, and others, received the Sacrament of the Lords Body, that he would never impeach the Duke of Gloucester his Un∣cle,* 1.74 for any thing before done, and yet to the contrary he procured him to be murdered.

51 For that the King most fraudulently and untruely against his own Oath, banished the Arch-Bishop of Canterbury,* 1.75 and wasted his Goods: in which Article in private conference between the King and the said Arch Bishop, the King in a manner prophesied,* 1.76 and doubted that the like would happen of himself, and thereupon shewed a speciall token to the Arch Bishop, that if he sent the same at any time, that the Arch-Bishop should look that the King would come to him.

52 After this for the causes aforesaid, and the Kings own con∣fession of his defects, the same seemed sufficient to the whole Estates for the Kings deposition:* 1.77 whereupon by one consent, they appoin∣ted the Bishop of Asaph, the Abbot of Glastonbury, the Earl of Lancaster, the Lord Berkley, Sir Thomas Erpingham, and Sir Thomas Gray Knights, and Sir William Thurning Justices, Commissioners for giving sentence of deposition,* 1.78 and deposing of the same King R.

53 The sentence of deposition by the Commissioners aforesaid.* 1.79

54 This being done, Henry Duke of Lancaster, so soone as the

Page 389

Kingdome was vacant, arose out of his seat, and standing upright, so as he might be seen of the whole people, did humbly cross him∣self on his forhead and brest, and first calling on the name of CHRIST, claimed the Kingdome and Crown of England,* 1.80 with the appurtenances, then being void, as his Inheritance descen∣ding by right from King Henry the Third, through Gods grace, through help of his Kindred and Friends.

55 After which claim made, and consultations had amongst the Lords and Estates,* 1.81 they altogether assented that the same Duke should raign over them; and fortwith so soon as the same King shewed unto the Estates the Signet of King Richard purporting the same their election; The Arch-Bishop of Canterbury took the same King Henry by the right hand, and brought him to the Royall Seat,* 1.82 where King Henry, on his knees, made a short prayer: after which the two Arch-Bishops brought and caused King Henry to sit in the Royall Seat.

56 And before the people could make an end of their joying, the Arch Bishop of Canterbury made a short Collation,* 1.83 taking this for his Theam; Vir dominabitur vobis 1. Reg. 9. He discourseth thereupon, and saith, God forgetting his offence, where he said, Dabo pueros Principes eorum Esai. 3. turns the same into mercie, and saies, Vir dominabitur populo; He then sheweth the properties of a Child,* 1.84 that soon promiseth and soon forgetteth, by which in∣conveniences no Kingdom could stand: He sheweth then the conditions of a man,* 1.85 which is to understand, to love, and to per∣sist in truth; And so applying the rule of King Richard to a Childs rule,* 1.86 and the rule of this King to the rule of a man, by discommending the one, and commending the other.

57 Which Collation ended, King Henry openly gave thanks to the whole Estates,* 1.87 and protested that by way of conquest,* 1.88 he meant not to diminish any mans right, but of such as had been a∣gainst the Common Wealth.* 1.89

58 After this for that the power of all Officers ceased, the King appointed his chief Officers and Justices,* 1.90 who were sworn after the accustomed manner: Proclamation was made,* 1.91 that on Monday next after the Feast of St. Michaell, the Parlia∣ment should be called at Westminster,* 1.92 so as on the Saturday before all such as claimed to do any service at the said Coronation,* 1.93 should be before the Steward, Constable, and Marshall of England, at the White Hall of the Palace of Westminster.

59 On Wednesday which was the next day after the Commissi∣oners,* 1.94 viz. the Bishop of Asaph for Arch-Bishops, and Bishops; the Abbot of Glastonbury, for all religious Persons, and the Earl of Gloucester, for Dukes and Earls, the Lord Berkley for Barons, and Bannerets, Sir Thomas Erpingham Chamberlain, for Batchellors and Commons of the South, Sir Thomas Gray for Batchellors and Commons of the North, Sir William Thurning, and Iohn Mark∣ham

Page 390

Justices for the whole Estates came to the Tower to King Richard, of whom Sir William Thurning for and in the name of them all pronounced the Sentence of deposition,* 1.95 and the words of resignation of Homage and Loyaltie.* 1.96

60 The which are at large recorded to the effect aforesaid.

* 1.9761 After which words spoken, the said King answered, that he looked not after rule, but after all this he hoped that his Cosen would be a good Lord to him.

* 1.98Who throughly marketh this tragedy, shall not read the same without tears, and who well noteth the sequell, shall see new Lords, new Laws, and for new bloud-shed fresh revenge to ensue.* 1.99

* 1.10062 On Monday the day of St. Edward, King and Confessor, the same King Henry was Crowned at Westminster with all solemnitie and honour that appertained: at which day sundry of the Lords and others did their service due at such Coronation.* 1.101

* 1.102As doth appear hereafter.

* 1.10363 On Tuseday after, the Commons presented to the King Iohn Cheney for their Speaker, whom the King accepted, who forthwith made the Common Protestation which the King allowed.* 1.104

* 1.10564 On Wednesday ensuing, the same Sir Iohn with the Com∣mons, came before the King, at what time Sir Iohn declared, that for a sodain disease he was unable to serve, and how the Commons in his place had chosen Sir Iohn Doreward,* 1.106 beseeching the King to allow the same Sir Iohn Doreward to be the Speaker for the Com∣mons.

* 1.10765 The same Wednesday, the same Sir Iohn Doreward made the common Protestation for him and the whole Commons, as be∣fore, the which the King allowed.

* 1.10866 The Commons by the assent of the Bishops and Lords, to∣wards the Wars with Scotland,* 1.109 defence of Callice,* 1.110 provision for Ireland, amendment of the State, and in hope of their requests to be granted,* 1.111 granted to the King for three years the Subsidie of Wools, Skins, and Wooll-fells, viz. 50s. for every sack of Denizens, and four Pound of Strangers, one Desme, and one Fifteen.

* 1.11267 The print touching the repeal of the Parliament, Ano 21. R. 2. Cap. 3. agreeth with the Record in effect, though not in form.

* 1.11368 The print touching the affirmation of the Parliament, made Ano 11. Richard 2. Cap. 4. agreeth with the Record as next before.

* 1.11469 The print Cap. 5. touching the restitution of the Lords, and others forejudged in Ano 2. R. 2. agreeth with the Record as a∣bove.

Page 391

70 It is enacted that all blank writings whatsoever which the City of London,* 1.115 and 17. other Counties for fear sealed to King Richard, shall be utterly void.

71 They will the same, and that from henceforth no such Commission be granted to any the Nobles to aid all matters as were granted in 21 R. 2.* 1.116 And further the print touching Treason cap. 10. agreeth with the Record.* 1.117

72 By the motion and means of the Archbishop of Canterbury every of the Lords and Commons, upon demand, assented and required, that Henry the Kings eldest Son might be created Prince of Wales,* 1.118 Duke of Cornwall,* 1.119 and Earl of Chester,* 1.120 and further, that he should succeed the King in the Realm of England,* 1.121 whom they promised to accept, and obey accordingly.

73 Whereupon the King sitting in his Royall Seat in full Par∣liament,* 1.122 set on a Circle on the head of the said Henry his eldest Son, and gave to him a Golden Ring on his finger,* 1.123 and put into his hand a Rod of Gold, and after kissed him,* 1.124 and thereof gave to him a Charter, and so created him Prince of Wales, Duke of Corn∣wall, and Earl of Chester and thereupon caused him, being so ar∣rayed by the Duke of York his Uncle, to be brought into the place in Parliament appointed for the Principalitie.* 1.125

Note that all the aforesaid Process was done the first Wed∣nesday in the Parliament.

74 On Thursday after, the Arch-Bishop of Canterbury, willed all the Lords in no wise to disclose any thing should be spoke: upon which the Earl of Northumberland demanded of the Lords what were best to be done for the life of the late King Richard,* 1.126 whom they would by all means to be saved; The Lords severally an∣swered,* 1.127 that it were good safely to keep him in some secret place from all concourse, and that by such sufficient Persons, as had not been familiar, or about him.

75 The Names of such Bishops, Lords, and Knights, as assen∣ted to the Imprisonment of King Richard.* 1.128

76 By full consent of all Bishops and Lords it was agreed, that Henry the Kings eldest Son, should from henceforth be called Prince of Wales,* 1.129 Duke of Aquitain and Cornwall, Earl of Chester, and heir apparent of the Realm of England.* 1.130

77 On Monday the 28 th. day of October, the King came into the Parliament into the great Hall of Westminster, where by the assent of the Bishops and Lords, Richard late King of England was adjudged to perpetuall Prison,* 1.131 as above.

78 On the same Monday the Commons declared to the King,* 1.132 how that the Duke of Brittain had sent word,* 1.133 how that he was rea∣dy to do the King all that which he ought to do: and therefore prayed that the Earldom of Richmond being his inheritance,* 1.134 might

Page 392

not be granted away by any Letters Patents,* 1.135 the which the Com∣mons required; and further, that the Letters Patents thereof made to the Earl of Westmerland since the last Parliament might be re∣pealed, whereunto the King made answer, that the Letters Patents were granted long before.

* 1.13679 The Duke of York, and Earl of Northumberland, and others of the Bloud of the Arch Bishop of Canterbury, pray the King, that the same Arch Bishop might have his recoverie against Roger Wal∣den,* 1.137 for sundry wastes and spoyls done by the said Roger, in the Arch-Bishoprick aforesaid, whereto the King granted,* 1.138 and thanked them for their motion.

* 1.13980 The Commons on the 3. of November pray, that forasmuch as they were not made privie to the Judgment aforesaid,* 1.140 that no Record be made to charge, or to make them parties thereunto; whereunto the Arch-Bishop of Canterbury by the Kings Com∣mandment answered, that the Commons were only Petitioners,* 1.141 and that all Judgments appertain to the King,* 1.142 and to the Lords, unless it were in Statutes,* 1.143 Grants, Subsidies,* 1.144 or such like, the which order the King woud from that time to be observed.

* 1.14581 The Earl of Northumberland and Constable of England, the 10 day of November in full Parliament beseeched the King to purge him,* 1.146 and the Earl of Westmerland, Marshall of England, of the reproch layed on them, that they procured the King to war on Scotland:* 1.147 whereupon the King took upon himself the same,* 1.148 and caused the Earl of Northumberland to ask of every Lord his opini∣on touching the same War,* 1.149 who encouraged the King there∣unto.

* 1.15082 The King by the assent of the Lords and Commons, enacteth that Henry his eldest Son should have, and bear the name of Duke of Lancaster,* 1.151 and be called Prince of Wales, Duke of Aquitain, Lancaster and Cornwall, and Earl of Chester; And further that all such Liberties and Franchizes, as were granted to the Duke of the same Dutchie, should remain unto his said eldest Son, and to his Heirs, Dukes of Lancaster, dissevered from the Crown of Eng∣land, and thereupon delivered one Charter thereof made in Parlia∣ment to his eldest Son.* 1.152

* 1.15383 The King enacteth by the assent of the Lords, that a cer∣tain new people disguised in white garments, and pretending great Sanctimonie, and coming from beyond the Seas, be in no wise suffered to tarrie or harbour within the Realm.

* 1.15484 The King pardoneth and receiveth into his Protection Richard Clifford, then Keeper of the privie Seal,* 1.155 Richard Oltford the Bishop of Sarum, and Mr. Henry Bowell, who were exempted in An 11. Richard 2.

* 1.15685 The print touching Liveries, Cap. 7. agreeth with the Re∣cord in effect, but not in form.

Page 393

86 The Commons grant to the King liberty by the advise of such wise men as he should call to him,* 1.157 to moderate, or to repeal the Statute of Provisors at any time made.* 1.158

87 It is enacted, that the Gold granted in An 20. Richard 2. Tit. 19. shall be brought to Callice unto the next Parlia∣ment.* 1.159

88 It is enacted, that the Staple of Wooll-fells,* 1.160 Skins, Lead and Tin shall be only at Callice,* 1.161 saving that the Merchants of Ieane,* 1.162 Venice, and other places towards the West, being of the Kings amity may discharge their Merchandize at Hampton,* 1.163 and take in such Staple ware, saving also the libertie to the men of Barwick for their Woolls.* 1.164

89 The Commons require, that all Liberties granted to any City or Town,* 1.165 may be confirmed without any Fine with the clause [licet.]

The Chancellor shall confirm the same according as he hath used,* 1.166 paying the Fine,* 1.167 saving the liberties of the Universities of Ox∣ford and Cambridg.* 1.168

90 The City of London prayeth,* 1.169 that the Sheriffs of the same may take Assizes in the absence of the Coroner.* 1.170

Upon the taking of the Assize in the Guild Hall of Lon¦don, if the Coroner come not in upon Proclamation,* 1.171 let the She∣riffs take the Assizes, provided that the same be not in derogation of the Coroner.* 1.172

91 Upon the Petition of Sir Thomas Haxey Cleark,* 1.173 the King pardoneth and revoketh the Judgment made against him in An 20. R. 2. tit. 23. restoreth him to the bloud,* 1.174 and to the recoverie of all his Goods, Livings, Lands, and Tenements.

92 William Steward,* 1.175 alias Chedder complaineth, that where he by name was presented, and inducted to the Parsonage of Wotton-underegg,* 1.176 in the County of Gloucester, and there continued in possession by the space of four years, untill the King by untrue sug∣gestion presented one Sir Iohn Dowtre to the Parsonage o Under∣egg in the Countie where there was no such Parsonage called Un∣deregg,* 1.177 as the said William pleaded in a Quare Impedit,* 1.178 brought by the King, upon which Writ brought, the King recovereth of the said William, the Parsonage of Underegg, and not Underegg, whereby upon a Writ sent to the Bishop of Worcester the said Willi∣am was put from his Parsonage of Underegg,* 1.179 for which mistaking and error,* 1.180 the Judgment of the said Iohn in full Parliament was reversed,* 1.181 and a Writ awarded to the said Bishop,* 1.182 for the Restitu∣tion of the said William.

93 Sir William Richill being in ward,* 1.183 brought into the Parlia∣ment House before them to answer, by what warrant he took,* 1.184 and certified the confession of the Duke of Gloucester expressed in the third roll in An 21. R. 2. tit. 10. and 11. and was thereof appo∣sed by Sir Walter Clopton Chief Justice by the Kings Command∣ment,* 1.185

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who answered at the full; declaring thereby as well sufficient authority, as his sincere dealing therein; upon the hearing of which every of the Lords,* 1.186 thought he did not but just∣ly; whereupon the said Sir Walter adjudged, and awarded the said Sir William acquitted thereof for ever.* 1.187

* 1.18894. It is enacted, that certain writings, called Ragamanes and blanks conteined before tit. 69. shall be burned.

* 1.18995. They grant that all the pardons granted in Anno 21 R. 2. shall be good.

* 1.19096. At the request of the Commons the King promiseth to be good and gracious to the Dutchess of Ireland, and other his Cosins.

Petitions of the Commons, with their Answers.

* 1.19197. THe print touching the Church, great Charter,* 1.192 and Charter of the Forrest Cap. 1. agreeth with the Record.* 1.193

98. That the Lords Spirituall, Temporall, and Justices be not from henceforth received, to say that they durst not for fear of death to say the truth.* 1.194

* 1.195The King reputeth them all to be just, and that they will give to him no contrary Counsell,* 1.196 which if they do, let complaint be made.

* 1.19799. The print touching express mention in every Letters Pa∣tents Cap. 6. agreeth with the Record.

* 1.198100. That all the Kings Chief Officers, may be sworn to shun all Bribery,* 1.199 whereof the attainted to loose all he hath.

* 1.200Every such Officer upon attaint shall be punished for his misdo∣ing, otherwise the Statutes made do suffice.

* 1.201101. That no part of the Lands of the Crown be sold, given, or exchanged; (and that there be a Resuming of these Lands mentioned.* 1.202)

* 1.203The King will thereof be advised.

* 1.204102. That every man may pursue his remedy for all havock, and spoyls made since the Kings coming.

* 1.205For spoyls done where the Kings host hath been,* 1.206 he taketh advice, to the rest he granteth.

* 1.207103. That all men dispossessed of any Tenements without Process of Law, may be restored thereunto, being done since the Kings coming in.

* 1.208They are remitted to the Common Law.* 1.209

* 1.210104. That Henry Prince of Wales may enjoy the Realm after the Kings decease.

* 1.211The King granteth.

* 1.212105. Sir Thomas Haxey Clarke is restored as before tit. 90.

* 1.213106. That in consideration of the great Plague in the North, it

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would please the King to lye in the middest of the Realm.

The King will be advised.* 1.214

106. That the King will appoint able Captains as well in Eng∣land as in Wales.* 1.215

The King meaneth no less.* 1.216

107. The print touching the allowance for Sheriffs,* 1.217 Cap. 11. a∣greeth with the Record.

108. The Commons grant to the King that he shall be as free,* 1.218 and enjoy as great liberties, as any his Progenitors before him had; Whereupon the King in Parliament promised,* 1.219 that he would not turne the same contrary to the Laws.* 1.220

109. The Commons pray the reversall of the Judgement given against Richard Earl of Arundell in An. 21 R. 2. and restitution of Thomas the Son,* 1.221 and heir of the said Richard.

The King hath shewed favour to Thomas now Earl, and to o∣thers as doth appear.* 1.222

110. The Commons pray for the Archbishop of Canterbury as before tit. 78. which is granted.* 1.223

111. That such Records touching the inheritance of the said Earl of Arundell and Surry,* 1.224 late imbezeled,* 1.225 may be searched for, and restored.

The King willeth:* 1.226

112. They make the like request for Thomas Earl of Warwick his restitution.* 1.227

The King hath shewed favour to him as before.* 1.228

113. They require repeale of the Parliament made Anno 21 R. 2. with a generall Restitution of Lands and Goods of all such as lost thereby.* 1.229

The King hath been gracious as before,* 1.230 and to the rest he will be advised.

114. The print touching Subsidies for Kersies Cap. 19. agreeth with the Record.* 1.231

115. The like motion and answer as is before tit. 88.* 1.232

116. That the Loans which King Richard borrowed may be payed.* 1.233

The King thereof will be advised.* 1.234

117. The like motion, and answer for Victuals,* 1.235 taken for King Richard.

118. The Citizens of Lincolne pray to be eased of their Fee Farme being 180 l. by the year,* 1.236 the which they were unable to pay.

Let them sue to the King who will be gracious.* 1.237

119. The Burgesses of great Yarmouth pray to be eased of Desmes, and Fifteens,* 1.238 considering their Fee Farme of 60 l.

Let them,* 1.239 &c. as before.

120. The print touching such as be put out without title,* 1.240 Cap. 8. agreeth with the Record.

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* 1.241121. That none presented by the King to any Benefice being fallen,* 1.242 shall be received before recovery had by the King.* 1.243

* 1.244He willeth that prohibition be granted according to the pretence of the Statute.* 1.245

* 1.246122. The print touching Mills, Stankes, &c. Cap. 12. agreeth with the Record in effect, but not in forme.

* 1.247123. 〈◊〉〈◊〉 of no mans Beasts brought to Smithfield Market, none be taken to the use of the Sheriffs of London.* 1.248

* 1.249The Sheriffs of London shall answer to the same Article.

* 1.250124. It is enacted that all the debts due to King Richard be pay∣ed to the King.

* 1.251125 The pardon made by the King to Robert Tharley Receiver of Cornewall,* 1.252 for certain Debts wherein the King was deceived, is revoked.* 1.253

* 1.254126. It is enacted, that it might be enquired,* 1.255 by whom any the Goods, or Chattels of the late King Richard be imbezelled.* 1.256

* 1.257127. It is enacted, that the Esquires, Masters of the Watch in Cheshire, shall for certain moneys received by them of King Ri∣chard serve the King for a time at their own costs.* 1.258

* 1.259128 It is enacted, that enquirie be made of the Concealments of Customers,* 1.260 Collectors, Sheriffs,* 1.261 and Escheators.* 1.262

129 The print touching Reciaunts of Searchers,* 1.263 Cap. 13. agreeth with the Record in effect, but not in forme.

* 1.264130 That the Wives of such as were forejudged of Treason,* 1.265 or Felonie, and not guilty thereof may be endowed.

* 1.266The Common Law shall be observed.* 1.267

131. The like answer is made for the heirs of such as are fore∣judged.

* 1.268132. That the attainder of the eldest Son, in the life of the Fa∣ther be no bar to the younger.

* 1.269Let the Common Law run.* 1.270

133. The like motion and answer as is before tit, 126. & 127.

* 1.271134. That the Fines taken of such as were of the retinue of the Duke of Gloucester, and the Earls of Arundell, and VVar. and such like may be repayed.

* 1.272The King will thereof be advised.

* 1.273135. The print touching Process to be made against men of Cheshire Cap. 18. agreeth with the Record.* 1.274

* 1.275136 The Commons of Salop require, that enquiries may be made touching great losses by them sustained,* 1.276 by the Kings late Army there.* 1.277

* 1.278The King will be advised.

* 1.279137. They pray that the King will with the same search, provide some sufficient prison for misdoers.

* 1.280Upon information the King will cause the Justices of Assize to take order therein.* 1.281

* 1.282138. That where two Offices be found upon a diem clausit ex∣tremum,

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the one contrary to the other, that the heir found in the fist Office may have his Livery,* 1.283 notwithstanding any contrary mater

The Kng will have his right,* 1.284 and willeth that the Common Law be kept.* 1.285

139. The print, that no man shll be impeached, for taking part with the King Cap. 2. agreeth with the Rcord.* 1.286

140. The Cmmons pray the King that Richard Earl of Ox∣ford,* 1.287 who hath married Alice the daughter of King Richards Sster, may be restored to the Office of Chamberlain of England,* 1.288 being his due inheritance, and taken away by violence by King R. 2.

The King will be advised.* 1.289

141. That all Grants, and Charters made by King R. 2. to un∣worthy persons of any thing belonging to the Principallitie of Wales may be revoked.* 1.290

When the unworthy persons be known their Charters shall be repealed.* 1.291

142. That all Releases made by King R. 2. to any person for any debt due to the Principallitie of Wales,* 1.292 Dutchie of Cornwall,* 1.293 Earl∣dome of Chester may be repealed.* 1.294

143. All releases,* 1.295 unless the same be under the great Seal,* 1.296 shall be void.

144. One Article made in Anno 11 R 2. that no person shall attempt to revoke any Ordinance then made,* 1.297 is by Act of Parlia∣ment repealed.* 1.298

145. The print touching Appeals Cap. 14. agreeth with the Re∣cord 〈◊〉〈◊〉 effect but not in forme* 1.299

146. That the Kng would restore all the Justices banished in the eleventh yea of R. 2. there named,* 1.300 or their heirs to there bood, and Hereditaments.

The King will thereof be advised.* 1.301

147. The print touching the ity of London Cap. 15. agreeth with the Record in effect,* 1.302 bu not in forme.

148. The Burgesses of Melcomb pray to be released of their Fe Farme of eight Marks and of Desms,* 1.303 and Fifteens for Six years after the expiration of crtain years granted by King R. 2.* 1.304

They shall have a Confirmation according to King Richards graunt.* 1.305

149. The print touching the free Packing of Cloaths in Lon∣don Cap. 16. agreeth with the Record.* 1.306

150. The print touching Rtaylors of Victuals in London Cap. seventeen agreeth with the Record in effect,* 1.307 but not in forme.

151. It is enacted, that the Statutes made in Anno 25 E. 3. for able Justices of the Peace shall be observed.* 1.308

152. That the Writs of Attaints may be upon all Verdicts given before the Sheriffs.* 1.309

Page 398

* 1.310The Common Law shall be observed.* 1.311

* 1.312153. That no man do lade in any strange bottome, where able Englishmen are ready to serve.

* 1.313The Statutes therefore made shall be kept.

* 1.314154 That no Barge,* 1.315 on the River of Thames be forfeited as a Deodand.* 1.316

* 1.317It shall be as heretofore.

* 1.318155. The print Cap. 9. touching Sales of Lands made Anno 11 R. 2. agreeth with the Record in effect, but not in forme.

* 1.319156. The print touching the generall pardon Cap. 20. agreeth in effect with the Record, but not in forme.

* 1.320157. Robert of Werkesley of Lancaster complaineth of Nicholas of Werkesley and others, for that by the action of Conspiracie of the said Nicholas, the said Robert was imprisoned in the Tow∣er of London.* 1.321

* 1.322The Kings Councell shall take order therein.* 1.323

* 1.324158. A large complaint against certain disturbers of the Peace.* 1.325

Let more speciall Information be made to the King, and Coun∣cell.* 1.326

* 1.327159. That all Wapentakes, and Hundreds let forth to Farme,* 1.328 may be revoked.

* 1.329Sundry Statutes are made therefore.

* 1.330160. That the King may onely have two Tuns of Wine, of every Ship of Wine coming into any Port, in the name of a Prize.

* 1.331I shall be as heretofore.

* 1.332161. That all personall actions between partie and partie, may onely be tryed by order of the Common Law,* 1.333 and not other∣wise.

* 1.334The Statutes therefore provided shall be observed.

Page 399

The Pleas of the Crown, Holden in the Parliament at WESTMINSTER, the Mondy in the Fast of Saint Fith, in the first year of HENRY 4 th.

1 THE Commons do pray the Lords Appellants in Ano 21. R. 2. for their Acts done,* 1.335 may be called to answer, and the Records were brought and read in Parliament, in the presence of of Edward Dke of Albemarle, Thomas Dke of Surrey, Iohn Duke of Exeter, Iohn Maqess Doset, Iohn Earl of Salisbury, and Thomas Earl of Gloucester.

2 The Duke of Albemarle answereth,* 1.336 that he was no contrive of the same Appel, and what he therein did, was at the Kings Commandment,* 1.337 and for fear of the contrary.

3 Touching the Kings exile,* 1.338 and revocation of his Patent, the same was against his will, as he calleth certain Lords to witness the same,* 1.339 he also excuseth hmself for being of Councell, or of any privacie touching the death of the Duke of Gloucester.* 1.340

4 The Duke of Surrey prayeth the King to weigh his tender age,* 1.341 and small reputation at the time of the Appeal made: and fur∣ther saith in all points as the Dke of Albemerle, all which he offer∣eth to approve, as the King should award.

5 Pe Duke of Exeter ffirmeth the like as next above,* 1.342 only touching the death of the Duke of Gloucester,* 1.343 he saith, that he heard King Richard say that he should be slin.

6 The Marquess Dorset ffirmed as next before,* 1.344 only he maketh no mention of the Duke o Gloucester.

7 The Earl of Salisbury excuseth the appeal by him among the rest done for fear of his life,* 1.345 and for that he was accused by the Duke of Norff. that he should have mean to have slain the Duke of Lancaster the Kings Father, albeit he was ready by an order of the King to disprove the same, yet for that he did not offer to ac∣quit himself thereof, he asketh pardon of the same.* 1.346

8 The Earl of Gloucester ffirmeth as the Duke of Albemerle.* 1.347

9 The Consultation of the King in the Parliament touching the Nobles aforesaid.* 1.348

10 The King and Lords adjudg,* 1.349 that the said Dukes, Marques, and Earls, should loose their Names and titles of Dukes Marquess, and Earls, and all the worship thereto belonging: and that they should forfeit all the Lands and Goods which they or any of them had given them at the death of the said Duke of Gloucester,* 1.350 or at any time since: and if that they or any of them should adhere to the quarrell, or person of King Richard lately deposed,* 1.351 that then the

Page 400

same should be Treson, the which Judgment was given by Sir William Thurning, Chef Justice of the Kings Bench,* 1.352 by the Kings Commandmen.

* 1.35311 One Iohn Hall a Servant of the Dke of Norff being examined b Walter Clopton Chief Justce in full Parliament,* 1.354 conesseth upon his Oah,* 1.355 that in the moneth of September An 21. R. 2. the Duke of Noff ••••••aged the said Iohn among other to murder the Duke of Glouester,* 1.356 then being present one Iohn Colox an Esquire of the said Dke of Noff the which Iohn and Iohn then being at Callice went to our 〈◊〉〈◊〉 Church, where they found William Hempsley Equire as aforesaid. Brdshaw Esquire as aforesaid, William Ser∣vadlet of the Chamber of he late King Richard Francis Vadlett of the Chamber of the Dke of Albemerle, William Rogers, William Dennice, and Cockle of the servants to the said Duke of Norff all whom were sworn upon the body of Christ, before one S•••• William Chaplin of St. Georges in the Church of our Lady, that they should not disclose the said fact or murder.* 1.357

* 1.35812 After which Oath made, they altogether went with the Duke of Norff. towards the House called the Princes ••••ne, wherein when they were come, the said Dke of Norff. caused the Persons afoesaid to enter into a lodging within the same House, and so de∣parted.

After whch Iohn Lowtofte with sundrie other Esquires, brought the Duke of Gloucester, and delivered him to the said Searl and Francis in an inner Parlour, and said, there is Searl, and Francis; whereupon the Dke of Gloucester said, now I see I shall do well, and so asked Searl how the King did? who said well: and sent to him commendations, and so the said Iohn Lowtofte depar∣ted.

* 1.35913 Whereupon the said Searl and Francis took the said Duke of Gloucester in o••••n upper Chamber, saying, that they would speak with him: unto whom when they were come there, they said, that the Kings will was, that he should be slain: the Duke answered thereto, if it be so, it is welcom; Searl and Francis willed the Duke to take a Chplain, whom the Duke there took, and was con∣fessed.* 1.360

* 1.36114 After which confession they caused the Duke to lye upon a bed, upon whom so lying, the said Searl & Francis threw a Feather∣bed, the sides whereof the said Wiliam Rogers, Dennis, and Cockle of the Chamber held, and Searl and Francis lay on the mouth of the said Duke untill he was ded; Colox, Hampsley, and Bradstone sat that night by the Duke on their knees, weeping, and praying for the Soul of the said Duke, and Hall this Examinee kept the dore untill the Duke was slain.

15 After the death of which Duke, the Duke of Norff came in, and seeing him dead said, it were a great matter to have the said Duke living again.

Page 401

16. By whose confession it seemed to the Lords,* 1.362 that he the said Iohn Hall had deserved a grievous death, whereupon they adjudged by the assent of the King,* 1.363 that the same Hall should be drawn from Tower-hill to Tiburn, his bowels to be burned before him, his body to be hanged, headed, and quartered, and his head to be sent and set upon Callice, and his quarters at the Kings pleasure; and the Marshall the same day did Execution accordingly,* 1.364 the which was done on Tuesday the 28 th. of Novem∣ber.

17 On Wednesday the twenty ninth day of November, the Commons require the Arrest and Judgment made against William le Scroope,* 1.365 Henry Green, and Iohn Basset Knights, might be affirmed in full Parliament. Sir Richard le Scroope prayed the King that nothing might be done in disinheriting of him, or of his Children, considering the same William was his Son: they asked whether it were lawfully done? Sir Richard aswered, that the Judgment was lawfull,* 1.366 whereto the King said, that he would have all the Lands of the persons aforesaid to him forfeited by way of Conquest,* 1.367 as those who were chief dooers of the Parliament of the twenty first of Richard Second.* 1.368

Page 402

Anno Primo Henrici Quarti. Rex &c. Charissimo filio suo Henrico Principi Walliae,* 1.369 & Duci Cornubiae, &c. apud Eborum die Mercurii ante Fesum omnium Sancto∣rum, &c. Teste Rege apud Westm. Decimo nono die Septemb.
  • EDro. Duci Eborum.
  • Edro. Com. Rutland..
  • Iohi. Com. Somerset.
  • 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. Wigor.
  • Rado Nevill Com. Westmerland.
  • Tho. Camois.
  • Barth. Bourchler.
  • Iohi. de Cherleton.
  • Mro. Tho. de la War.
  • Stephano le Scroope de Masham.
  • Willelm. de 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.
  • Tho. le Dispencer.
  • Almarico de St. Amando.
  • Rado de Cromwell.
  • Rado Baroni de Graystock.
  • Rob. de Harrington.
  • Iohi. Darcey.
  • Waltero Fitz-Walter.
  • Will. de Willoughby.
  • Iohi. Cobham Chlr.
  • Will. de Dacre.
  • Ioh. Nevill de Halmshyre.
  • Rico. Seymore.
  • Will. Beauchamp de Burgaveny.
  • Tho. Lovell 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.

Notes

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