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A34712 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 ... England and Wales. Parliament.; Cotton, Robert, Sir, 1571-1631.; Prynne, William, 1600-1669. 1657 (1657) Wing C6489; ESTC R1629 813,278 764

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remainder to the right heirs in Tayle notwithstanding the King after of his meer grace granteth life to the said Sir Iohn Cobham so that he should remain in prison in the Isle of Iersey during his life and so as no further means of pardon were made for him The accusation of Henry Duke of Hereford made against the Duke of Norfolk and the Order therein taken as may appear in the 21. before tit 53. 54. The nineteenth day of March after the accusation aforesaid both the Dukes appeared before the King at Bristow where by assent of Parliament it was agreed that the determination of the same should be ended according to the Law of Chivalrie if sufficient proofs were not found On the 28th day of Aprill both the said Dukes appeared before the King at Windsor to whom day was given over to appear there on Munday the 29. of Aprill On which Munday both the said Dukes appeared and the Battail was joyned betwixt them by the advice of a great number of Dukes Earls Bishops Barons and Knights there assembled as those who had authority by Parliament for that no sufficient proofs could in the mean time be found Notwithstanding the King weighing the weightiness of the cause and how nigh the said Dukes were to him in blood for tender love took the Battail into his own hands and gave Judgement by authority of Parliament that the said Duke of Hereford should by a certain day then appointed depart and avoyd out of the Realm for ten years and that he should in no wise during the same terme come in the Company of the said Duke of Norfolk or of Thomas Swandell neither send nor receive any Letters or Message from them on pain of treason and that not for want of proof of his said accusation for that he was ready therein to do his devoir To the said Duke of Norfolk it was said that for as much as he had spoken certain words tending to great trouble and therein reecitd he was therefore banished the Realm during his life to avoyde by a day there limited and to remain in Almayne Boheme or Hungarie and in no other parts of Christendome and to pass over the Sea in Pilgrimage and further as above on pain of Treason and that for no default that the said Duke had made in his defence considering that therein he was ready to make his devoir And where the King had given to the said Duke of Norfolk sundry Mannours Lands and Tenements for joyning in the Appeal with the Lords Appelants aforesaid wherein for that the said Duke failed to proceed without any good ground the King adjudged by Act of Parliament that the said Duke should forfeit all the said Lands and all his Offices during his life together with all Warranties whereby any the Kings Ancestors were bound to any the Ancestors of the said Duke And also for certain payments behind and due to the King by the said Duke during such times as he was Deputy of Callice The King by authority of Parliament adjudged to seize into his hands all the Hereditaments of the said Duke over and above M l. yearly to be allowed to the said Duke untill the King were satisfied To the judgement of the said Duke of Norfolk is annexed a Certificate from the town of Lenestooke in Suffolk of the day of the passage of the said Duke towards Draight in Holland having in his Company to the number of thirty persons It was further ordained that neither of the said Dukes by any means should sue or procure any suit for them to be made of any release of their Judgements on pain of treason And note that in all the Judgements aforesaid the name and assent of the Procurator of the Clergie is alledged The eighteenth day of March in the two and twentieth year of the King the King by assent of the Lords as having full authority therein doth adjudge Sir Robert Pleasington Knight then dead a Traytor as procuring with the Duke of Gloucester the levying of War at Harringey for which he should lose all such his Lands in Fee or Fee tayl and goods which he had the thirteenth of November in Anno 11. Henry Bowet Cla●ke for being of Counsell of the device made to the Duke of Hereford expressed before in tit 87. Was adjudged to dye and forfeit as a Traytor notwithstanding he was after pardoned of life and banished the Realm And note that there is one Roll of this year Intituled Copia Iudiciorum Anno Vicessimo tertio Richardi Secundi Rex c. dilecto Consanguineo suo Henrico Duci Lancastriae salutem apud Westm. in Cro. Sancti Michaelis prox futur Teste Rege apud Cestrium xxix die Augusti 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. Sarum Hen. Percie Com. Northumb. Edo Com. Stafford Michael de la Poole Com. Suffs Tho. de Percie de Wigor Tho. de le Dispencer Com. Gloucest Rado Nevill Com. Westmerland Tho. Camois Ioh. Bourchier Iohi. de Cherleton de Powis Willo de Clinton Mro Tho. de la Ware Stephano le Scroope de Masham Willelm Roos de Hamelake Hen. Fitz-Hugh Will. de Ferrariis de Groby Tho. de Morley Ric. le Scroope Hugoni Burnell Tho. Berkley de Weekley 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 Tho. Erpingham Custodi Quinque Portuum Anno Primo Henrici Quarti Rex c. Henr. Duci Lancastriae c. apud Westm. in Festo Sct. Fidis Virginis c. Sexto die Octobris 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. Sarum Hen. Percie Com. Northumb. Edro Com. Stafford Michael de la Poole Com. Suffs Tho. de Percie Com. Wigor Tho. de le Dispencer Com. Gloucest 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
all waggons and carts coming to Callice for buying of Staple ware may be free from certain new exactions there named It shall be as it was in the time of King E. 3. 53 That the Kings debts upon Tallies may be payed The King meaneth the same so soon as the same may be 54 That the shipping of woolls may be at Ipswich and not at Yarmouth from henceforth The same shipping with the Tunage of woolls shall be at both places untill the next Parliament 55 That the Statute made in the time of King Rich. 2. touching villaines and bond tenants may be moderated The Statute shall be observed 56 At the request of the Commons the King pardoneth 6 s. 8 d. of every sack of wooll and the like of other Staple commodities of the grant made 4. H. 4. by reason that so much was mis-entred in the roll 57 The print touching provision from Rome Cap. 1. swerveth from the Record 58 The print touching express mention of Letters Patents Cap. 2. agreeth with the Record 59 The print touching the Account of the Kings Officers Cap. 3. somewhat swerveth from the Record 60 A motion that a Statute made in the last Parliament as touching the foot of Fines might be revoked The King with his Councell by authoritie of Parliament have power to determine the same petition 61 There are annexed two Petitions in two schedules of Roger Deyncourt against Ralph Alderbury for the Mannour of Ansley in the Countie of Warw. requiring to reverse a Fine and Judgment in the Kings Bench for certain falshoods therein 62 That all Feoffments holden by Knights service and done by Collusion expressed in the Statute of Marlebourgh may upon the proof of the same be utterly void The King will appoint certain Lords and Justices to take order therein After these being read the Chancellor on the Kings behalf gave thanks to the Lords and Commons and so ended the Parliament Anno Septimo Henrici Quarti Rex c. Henrico filio suo Principi Walliae c. apud Coventrie decimo quinto die Februarii c. Teste Rege apud Westmonast vicesimo primo die Decembris EDwardo Duci Eboram Johanni Com. Somerset Edwardo Com. Cant. Edwardo Courtney Com. Devon Thom. Com. Arundel Michaeli de la Pool Com. Suff. Rado Nevil Com. Westmerland Ricardo Com. War Barth Bourchier Edwardo Cherleton de Powis Willielmo de Clinton Mr. Tho de la War Stephano le Scroope de Masham Willielmo Roos de Hamalake Hen. Fitz-hugh Willielmo de Ferrariis de Groby Tho. Morley Hugo Burnel Tho. Berckley de Berckley Johanni de Wells Rado de Cromwel Rado Baroni de Greystock Roberto de Harrinton Johanni Darcy Willielmo de Willoughby Johanni Cobham Chlr. Tho. Nevil de Halmeshire Willielmo Beauchamp de Burgavenney Johanni Lovel de Fishmerch Hen. Cuart Ricardo Gray de Codonore Reginaldo Gray de Ruthin Petro de malo lacu Willielmo Zouch de Harringworth Ricardo Seymore Tho. Camois Johanni Tutchet Hen. de Bello monte Johanni de Latimer Ricardo le Strange Roberto Poinings Gilberto Talbott Thomae Erpingham Custodi Quinque Portu●m Anno Septimo Henrici Quarti Rex c. Henrico Principi Walliae c. apud Gloucestriae c. decimo quinto die Februarii c. Teste Rege apud Westm. c. ut supra excepto quod Gilbertus Talbot locatur in loco Stephani le Scroop qui quidem Stephanus omittendus est PRorogatio Parliamenti de Gloucest decimo quinto die Februarii usque in diem Lunae in Prima Septimana Quadragessimae apud Westm. tenend ut supra c. Anno Octavo Henrici Quarti The Parliament holden at Westminster the first day of March in the Eighth Year of King Henry the Fourth and ended 2● December in the same year ON Monday the first of March in the Chamber de Pinct within the Kings Palace of Westminster Thomas de Langley Clerk Chancellor of England before the King Lords and Commons declared that the King had called the Parliament to the end that the holy Church● all persons and Corporations should enjoy their Liberties in consideration of their due observance to him shewed He therefore proceedeth and taketh for his Theam these words Multorum consilia requiruntur in magnis and saith that in the weighty affairs touching the good government of the Realm and surety of the Subjects which were annoyed by the rebellion of the Welchmen and likelier to be by the French and Scots who ceased not to invade the Marches of Guienne and Callice besides the turmoile with the Irish he had called the same Parliament as meaning to follow the counsel of the wise saying Fili nil sine consilio facias tunc post factum non poenitebit wherein he meant also to begin with the example of Ah●shuerus qui interrogavit sapientes illorum cauta faci●bat consilia In which consultation he declareth to the King Lords and Commons that if they should observe the Laws of God they might then assure themselves to find peace at home and victory abroad Receivers of Petitions for England Scotland Wales and Ireland Receivers of Petitions for Gascoyne and other places beyond the Seas and of the Isles Tryers of Petitions for England c. as above Tryers of Petitions for Gascoyne c. as above On Tuesday the second of March the Commons came before the King and presented for their Speaker Sir Iohn Tibetott who made his excuse as well for his youth as otherwise but the King affirmed the election The Commons by assent of the Bishops and Lords granted to the King one Desme and one Fifteen to be levied of the Layety and otherwise for one year they granted to the King as in the last Parliament On Wednesday the third of March upon the declaration of the Chancellor touching the Treaty of peace with the men of Princaves and of other parts beyond the Seas it was accorded that Proclamation should be made through the Realm that all such Englishmen as had attempted any thing against them should surcease the same On Tuesday the 23. of March the Commons came before the King where Sir Iohn Tibetott their Speaker made the common protestation and required the confirmation of their Liberties and Priviledges and that they might at any time send for any their Bills to the Lords for amendment of the same c. which was granted The same day the said Speaker before the King made sundry remembrances namely for good governance for confirmation of all Liberties for keeping of the Sea and for good provision for Guienne which was in the way of losing The third of April the same Speaker before the King required that this protestation before made might be
as in the last Parliament In consideration of the Subsidies aforesaid the King promiseth that for two years then ensuing he will require no other Subsidies or other charge of his Subjects and for more assurance thereof willeth the same to be enacted so as every man that would might have a copie thereof The King willeth that all men be payed their Annuities according to their deserts notwithstanding the Statute made in the last Parliament Tit. 140. Petitions of the Commons with their Answers The Print touching the Church cap. 1. agreeth with the Record At the Petitions of the Citizens of London the King granteth that they shall enjoy all their Liberties notwithstanding the Act made in the last Parliament Tit. 127. by which it is to be noted that the Act made as a●oresaid is revoked That the Kings Letters Patents made to the University of Oxford that they should not for any Felony answer before any other Judge then before their Steward c. may be revoked considering that the same is in derogation of the Kings regality and breach of the Liberties granted to the Citizens of Oxford Vide 11 H. 4. tit 50. The Kings Councel by advice of the Judges have power to examine and to take order herein untill the next Parliament during which time the said new Liberties granted shall be suspended That all Sheriffs upon their Oaths may be allowed in the Exchequer The Kings Councel upon every particular declaration power to take order therein That in actions personal the Defendant may be received to wage his Law and that the Plaintiff be not non-suited therein The King thereof will be advised That all Kendall Cloaths and others whereof the dozen passeth not thirteen shillings four pence may be sold without the Alneagers Seal The King will be advised The print touching Kendal Cloathes cap. 2. agreeth with the Record That whereupon the suggestion of Merchant strangers sundry Commissions were directed whereby many Marriners were unduly punished the like be not from henceforth granted nor the Marriners put to answer other then at the Common Law The King will thereof be advised That none do sue to the Court of Rome for any Benefice but only ●n the Kings Court. The King thereof will be advised only the Councel shall have power between this and the next Parliament to take order therein The print touching Felonies in South-Wales cap. 3. agreeth with the Record It is enacted that every Felon in VVales flying to any other Lordship be from thenceforth delivered to the place where he committed the Felonie there to be tryed The Commons of Herefordshire pray remedy against the evill Customes of the Officers of the Forrests of Ewayston namely for taking their Cattel coming thereto as a forfeit The old good Laws and Customes shall be observed and the contrary forbidden by a Writ under the privie Seal They require that upon pursuit of Welsh theeves they may by the Welchmen be aided therein the which the King charged the Lords Marchers to cause their Tenants to do The print touching the disclaiming of Welsh Theeves cap. 4. agreeeth with the Record in effect but not in form Touching the Statutes of provisions from Rome expressed in the print cap. 8. there is no such mention made in the Record onely it is enacted that the Popes Collectors should not from thenceforth levie any money within the Realm for first-fruits of any Ecclesiastical dignities as due by any provision from Rome on pain to incur the penalty of the Statute of Provisors which the print hath not and is therefore well to be noted Vide postea tit 56. The Burgesses of the Town of Melcomb in Dorset considering their great spoils required for certain years to be discharged of their Fee-farms of eight Marks and of all Desmes and Fifteens the which request the King committeth to be enquired of and returned into the Chancery and there to have Order taken therein Vide 2 H. 4. tit 53. Upon the petition of the Commons of Chester it is enacted that the Prince of Wales Earl of the same shall enjoy all the Liberties and namely touching adjournments in Pleas that in certain Pleas there expressed such adjournments might be made without giving any day or entring the same in the Record That upon the seizure of the lands of all such Welchmen as be or shall be attainted and grant of those lands by the King the services therefore due to other Lords may be thereupon reserved The King thereof will be advised That the King will license all manner of persons to passe over the Seas and to purchase the Prior Aliens any of their possessions paying to the King reasonable Fines for the confirmation of the same The King will thereof be advised The print touching the taking of Assizes cap. 5. agreeth with the Record The Burgesses of the Town of Lyme in Dorset pray that in consideration of their great destructions they might enjoy the same Town forty years for the yearly Feefarm of Five pounds and for Thirteen shillings four pence for every grant of Desms and Fifteens according to an Extent thereof returned in the Chancery Vide 2 H. 4. tit 55. There is granted to the Kings Council full au●hority to examine this Petition and the return aforesaid and to take order therein The print touching Clothes cap. 6. agreeth with the Record The Burgesses of Shrewsbury shew many causes of their impoverishment and require therefore to be discharged of Desms The King will be thereof advised The Burgesses of Denelchester in the County of Somerset pray to be discharged of their Fee-farms of Thirty pounds and only to pay Eight pounds therefore or else to have restored to them parcel of the same Town and the Hundred of Staine which was granted away by king Iohn The Council upon examination of this and of the Commission granted in the time of R. 2. shall take order therein The print touching the levying of Desms and Fifteens cap. 17. agreeth with the Record in effect but not in form The inhabitants of the Town of Stock and other Towns in the Isle of Harling in the County of Southampton pray that the Kings Letters-Patents to them granted may be confirmed viz. That all the Inhabitants of the Isle aforesaid should every Fifteen pay only 6 l. 15 s. 7 d. q. and so ever or under according to the rate The which the King confirmeth The Burgesses of Great Yarmouth pray that to every grant of a Desme they may pay Forty pounds for Twenty years albeit they did always pay before One hundred pounds The King will thereof be advised The print touching provisions from Rome cap. 8. agreeth with the Record Anno Vndecimo Henrici Quarti Rex c.
Flower Esquire to be their Speaker who with the Common protestation was allowed All Writs Commissions and Dependants of the same made by the assembly of the Council touching this Parliament are confirmed by authority of the same Thomas Bishop of Durham Chancellor of England to the late King H. 5. in the presence of the Duke of Gloucester and other Lords in the Castle of Windsor delivered and left with the King the great Golden Seal of the realm of England whereof he willed them to be witnesses and that the same may be enrolled The Bishop of London late Chancellor of the Dutchie of Normandy delivered the same Seal of that Dutchy at Rome to the Duke of Bedford who had the governance of the same and also in the presence as is aforesaid at Windsor the great Seal of England which King H. 5. gave to him to keep and prayeth to be discharged of the same by Act of Parliament and so was It is enacted that the Kings stile shall be changed and that accordingly there might be graven upon all his Seals as followeth Henricus Rex Franciae Angliae Dominus Hiberniae To satisfie the Commons request the Duke of Gloucester declared to them that the King had appointed the Bishop of Durham to be his Chancellor William Rindroffe to be Treasurer of England and Iohn Stafford to be keeper of the Privy Seal of all which offices their Patents are made and confirmed by Parliament It is enacted that all Estates shall have their Liberties confirmed being not revoked without these words Concedimus to be in any of the said affirmations Where King H. 5. made Henry Lord Fitz-hugh Walter Hunger●ord Walter Beauchampe Lewis Robsart William Porter Robert Babthorpe Iohn Woodhowse and Iohn Leventhorpe Esquires the Executors of his VVill and Testament the King granteth to them 40000 l. Marks for the performance of the same VVill 19 Marks was due to the Executors of H. 4. by oversight of the overseers of the same VVill of the Duke of Gloucester and others Lords there named The schedule thereto annexed conteineth the Kings Letters Patents in form aforesaid The Commons by the assent of the Bishops and Lords grant to the King the like Subsidie of Staple-ware Tonnage and Poundage as formerly for two yeares ensuing It is enacted that all such as were imprisoned in any of the Kings Gaoles for Heresie or Lollardie should be delivered to the Ordinary of the same place to be punished It is enacted that all such Petitions as are not ended in this Parliament shall be committed to the Council to be determined according to their discretion The King by authority of Parliament granteth to the Duke of Gloucester the office of Chamberlain of England with all the profits at the Kings pleasure In like form the King granteth to the said Duke the office of Constable of England The King by his Letters Patents confirmed by Parliament appointeth Iohn Duke of Bedford Protector and Defender of the Realm and Church of England and Chief Counsellor of the King so long as the said Duke then being beyond the Seas should remain in England and in his absence only the Duke of Gloucester to supply the said office the which Duke of Gloucester in full Parliament took upon him the burthen aforesaid with protestation that the same should not redound to the prejudice of the Duke of Bedford It is enacted upon the Kings Letters Patents that the Protectors aforesaid shall during the Kings minority dispose of all the offices of the Forests Keepers of Parkes and VVarrens and all Benefices of the Kings gift being above the value of 20 Marks to continue during their lives Certain Bishops Lords and others are named to be Counsellors assisting to the Governance aforesaid The which Counsellors took upon them in form following● viz. That all Justices of Peace Sheriffs Escheators Customers Comptrollers Weighers Searchers and such other Officers may be made be their advice and denomination That these Counsellors may make the most of all manner of VVards Marriages Farmes and other Casualties of the Crown That nothing be enacted by Council but by six or more at the least and in all great causes by all or the most and wherein the King is to be conferred withall that nothing be therein done without the assents of the Dukes of Bedford and Gloucester That the Treasurer of England and the two Chamberlains of the Exchequer may for every of them have a key to the Kings Receipt so as they be sworn before the Councell to make none privy thereto other than the Councell That the Clarks of the Councell may be sworn duely to keep the names of the Councell who do sit and truly to enact all things done by them The which Articles with the proviso ensuing were enacted by assent provided alwayes that such officers as have the same for life or otherwise may appoint Deputies any of the Articles notwithstanding Anne Countesse of Stafford daughter and heir of Ellinor one of the daughters and heirs of Humphry de Bohun late Earl of Hereford Essex and Northampton and Constable of England reciteth a partition made between King H. 5. and her of the inheritance of the said Earl in the ninth of his reign at what time certain Knights fees in grosse were not parted whereof she now prayeth remedy and concerning certain members of the Castle of Brecknock in Wales The Kings Councell shall have power by authority of Parliament to take order herein Bartholomew Goldbeator Master of the Mint within the Tower requireth larger Commission touching the Coynage and Exchange of mony in the said Tower albeit the King meaneth that no Minter should hold the Exchange yet to the next Parliament liketh that the said Bartholomew should keep the Exchange so he taketh not above three half pence for the Exchange of a Noble The print cap. 4. c. agreeth with 2. H. 6. tit 11. The print touching the wages of Captains cap. 5. agreeth with the record The like Act is made touching Exchangers to Rome as in 9. H. 6. tit 24. It is enacted that Thomas Chawcer Chief Butler to the King shall enjoy the said office during his life according to the Letters Patents thereof made to him by Hing H. 4. In consideration that the Prior and Covent of ●nychester otherwise called Prior Ecclesiae Herodosiae surrendred unto the King for ever the Common of pasture for forty oxen and kine and twenty hoggs with the increase within the Kings Parkes of Clarindon and Wilts and the right of one called a Stickler who was to cut wood daily for them within the said Park the King granteth to them by the
Parliament both of which parties being then heard for that the matter seemed to be determinable at the Common-Law the same parties were remitted thereto It was enacted that upon deliverance of such as were appealed for the death of Iohn Bowceby Cleark in Lincoln none should be returned unless he might freely dispend 40 l. by the year at least Upon complaint of the Bishop Deane Chapter of Lincoln for that they could never by distress or other means come to their rents in the same Town of Lincoln by reason of the Liberties granted to the said Town whereby the Major and Townsmen having the Tryall of all such matters before them kept them from their right A Writ was directed to the Major and Bayliffs of the said Town to appear at a certain day before the Lords and to have full authority from the whole Commonaltie of the same for abiding their determinations therein at which day the said Major and Bayliffs appeared in proper persons and for that they brought not with them full power from the said Commonaltie they were adjudged unto Contempt And it was further enacted that in Assizes Juries and all other Inquests which should be taken between partie and partie before the Major Bayliffs that for the same time shall be if any of the said parties would complain of a false Verdict thereby given they should have the Attaint to them granted and the Record by Writ shall be sent into the Kings Bench or Common Place and that in all such Attaints the Sheriffs return Forraigners of the said Countie without sending to the said Citie the which Jurie the Justices shall take notwithstanding any libertie to the said Citie granted The Chancellor and Schollers of the Universitie of Cambridg by their Petition require that they their Ministers and Servants be not put to answer of any Treason or Fellonie or other breach of Law before the Major and Bayliffs of the same Town and that upon the Tryall of all such offences the Sheriffs do return Forraigners o● the same County and none of the Town or Suburbes The Major and Bayliffs were commanded as in Tit. 12. before They accordingly appear but brought no Warrant from the Commonaltie of the same Town whereupon they were adjudged to fall into a contempt Thomas Methom Knight complaineth that whereas an Appeal was brought by Elizabeth the wife of Sir Iohn Fitz-William of Archsay Kt. for the death of the said Iohn against Iohn Aske and others in the Kings Bench the same Iohn found that the same Thomas and one Iohn Freyer were purchasers of the said Appeal to the Damage of 500. Marks of the said Iohn Aske for the which Damages he the said Thomas remained in the Marshallsey Whereupon for that the said Tho. shewed an Error in the same Judgment at his request it was adjudged that he should have a Sciri fac grounded upon his case returnable at the next Parliament to warn the said Iohn Aske then to be there that the said Thomas should be delivered out of the Malshallsey upon sufficient Suretie untill the Errors heard and thereupon the Bishops of Lincoln and Norwich the Lord Nevill and Sir Iohn Lovell to make a grant for Damages untill the said Iohn Aske undertook to bring forth the body of the said Thomas the next Parliament to be rendred to Prison if then the Judgment were affirmed and it was commanded to the Chancellor to make Writs as well for the Delivery of the said Thomas as for the Sciri fac Upon the like bill for Iohn Freyer the like order was taken for him upon Sureties aforesaid in form as is above For that certain Annuities were assigned to be payed to certain Justices banished into Ireland in the 11 th year of the King without certain limitation how the same should be paid It was enacted that the Wives or other Friends of the said Justices so remaining in Ireland should have to Farm all the Lands of the said Justices being not sold to the valew of such Annuitie notwithstanding any Patent made unto others which if it will not suffice then certain of the Councell shall take order therein It is enacted that the Statute made in the first year of the Kings Raign touching Priors Aliens and other possessions should be observed these being adjoyned that all Pryors Aliens being inducted by the Bishop of the place or by Abbies Exempt before seisin or which have the same during their Lives shall enjoy their said Priories for a reasonable summe notwithstanding any Patent to others thereof granted and that no Priorie or other Spiritualitie appropriated do remain in any temporall mans hands but only to the Clergie On Wednesday the second of March the Lords and Commons granted to the King for one year xxxviii s. iiii d. of every Denizon for every Sack of Wool over the old Custom of every Alien xxii s. viii d. of every Last of Skins of Denizons over c. of Aliens iii l. xiii s. iiii d. of Denizenes for every CCxl Wool Fells xxxiii s. iiii d. over c. of Aliens xxxvi s. viii d. over c. and of every tun of Wine coming in or going out of the Realme vi d. And that the same be imployed onely to the use of the Wars The King by assent of Parliament created his Uncle of Lancaster Duke of Aquitaine by setting a Crown on his head and giving to him a Rod of Gold to hold the same Dukedome with all Profits and Prerogatives to him during his life of the King as of the King of France as largely as ever the King held the same saving onely to the King as to the King of France the direct Dominion Superioritie and resort of the same Dutchy as by the Letters Patents thereof confirmed may appear After which done the Duke did Homage to the King for the same Dukedome giving most humble and hearty thanks to the King for the same honour and protested albeit he could not of himself maintain the State of the said Dukedome in time of War without the ayde of the King and Realme he would notwithstanding of his own dispend to the uttermost whereunto the King answered that the charges should be borne as between the Duke and his Councell should be agreed to which the Commons assented The King by the assent of the Parliament created Edward the eldest Son of the Duke of Yorke Earl of Rutland during the life of the said Duke and gave to him during the said Dukes life 8●0 marks yearly and in value of the said 800. marks gave unto him the Castle Town and Domination of
Lands there as the English shall at any time Conquer or obtain and that all such his Tenants and Souldiers as will become English may be in the Kings protection the which the King granteth so as they be sworn 28 The 25 th day of November the Commons by the assent of the Bishops and Lords granted to the King the Subsidy of Woolls Wooll fells and Skins for three years 3 s. of every Tun of Wine 12 d. of every pound of Merchandize one Desme and one Fifteen After which grant the Lords and Commons prayed the King for the delivery of Sir Phillip Courtney out of the Tower the which the King granted so as he found good Sureties for his good behaviour All which being thus done the Earl of Northumberland in the absence of the Kings Steward required all the Lords and Commons to dine with the King the next day and so the Councell willed the Knights and Burgesses to sue forth their Writs the Parliament the same day ended Petitions of the Commons with their Answers 29 The print touching the Liberties of the Church Cap. 1. agreeth with the Record 30 The print touching the Clergie Cap. 2. 3. somewhat swerveth from the Record having in one place too much viz. apprelles and in another too little viz. to the ordinary which note 31 The print touching the Kings gifts Cap. 4. agreeth with the Record 32 That all Sheriffs upon their Oaths may be discharged in the Exchecquer Such as be grieved shall find remedie at the hands of the Councell and Barons of the Exchecquer 33 The print touching Sheriffs Cap. 5. agreeth with the Record 34 The print touching Shoomakers Cap. 35. agreeth with the Record 35 It is enacted that from henceforth the Chirographer shall be a man of ability and knowledg who shall in proper person continue in the said office alwaies without letting the same to Farm or to occupie the same by deputy or otherwise 36 The print touching the sealing of Cloaths in London Cap. 6. agreeth with the Record in effect but not in form 37 That Damages in Accompt may be awarded to the Plantiff The old Law shall continue 38 The Statute for avoiding forging by Executors may keep place against a Woman Executrix who takes a Husband As next above 39 That there may no more be taken for weighing in any place of the Realm for any Aver-depoiz than in London The Councell by authority of Parliament shall take order therein 40 The print touching Desmes Cap. 7. agreeth with the Record in effect but not in form 41 That every Executor for any release made by any his Co-executors shall recover by Accompt against them to the valew of the things released It shall be as heretofore 42 The Burgesses of Lewis require that the weighing of Woolls may be at Lewis and Chichester for the Countie of Sussex 43 The print touching forcible entries Cap. 8. agreeth with the Record in effect but not in form 44 The print touching power in the Chancellor for Commissions Cap. 9. agreeth with the Record in effect but not in form 45 That the Statute made touching Kersies and Cogware may tinue during the Kings time The King hereof will be advised 46 The print touching halfpence Cap. 10. agreeth with the Record 47 That the Statutes made in the 13 th and 15 th of R. 2. touching the Admirall in all his Judgments to do according to the Common Laws may be kept If the Admirall Constable or Marshall do against Law the Councell by Parliament authority to them granted may redress or remit the same to the Common-Law 48. This title agreeth with the 23. before 49 That the Chief Justice of the King be Justice in no other place As heretofore it shall be 50 The title touching exceptions to villanage to little purpose 51 The print touching Kiddles in the Thames Cap. 10. agreeth with the Record in effect but not in full form 52 The print touching Appropriation of Benefices Cap. 12. agreeth as next before 53 The Major and Aldermen of Callice require the King to grant unto them the Assize of Wine Ale and Beer and Bread within the Jurisdiction of the same Citie called le Eskenage as they then by grant enjoyed the same within the same Citie Let them sue to the King who will advise and consider the same 54 They require that they may enjoy the Hospitall of St. Nicholas in Callice called Gods House with all the Lands thereto belonging the which was founded by the Bayliffs Coremains and Esterins of the said Town As next before 55 That the Statute made in the first year of the King touching the Staple at Callice may be observed The King granteth except Worsteeds and other Cloaths herring and the Patent granted to the Men of Berwick in the first year of the King 56 The print that none shall be enforced to goe out of their Counties Cap. 13. agreeth with the Record 57 That the Statute made An 36. E. 3. touching the wages of Captains may continue The King by advise will take order therein 58 That every Parson may dwel and keep Hospitality on his Benefice or else to incurre the pain of the Statute of Provisors The King hath charged the Bishops to to take order herein by the next Parliament 59 It is enacted that all the Statutes made for Labourers shall be observed and that if any man do retain any one to be an Apprentice contrary to the form of the Statute of 12. R. 2. Cap. 5. being willed first to serve at husbandrie that reteynor shall forfeit ten Pounds 60 The print touching Labourers Cap. 14. agreeth with the Record 61 The print touching Merchants Cap. 15. agreeth with the Record 62 The print touching Fryers Cap. 17. agreeth with the Record 63 That the Admirall and his Lieutenant do sit to keep their Courts in no Libertie or Town but only upon the Sea-coasts or Arms of the Sea and that every plea before them may be determined in one place without adjournment The Statutes and usages heretofore made shall be observed 64 That no Person whatsoever have any Dove-house in any Town unless they may dispend 40 s. yearly in the same Town on pain of 5 l. The King will be hereof advised 65 That all the Kings Lands in Wales may be resumed and let out to obedient Subjects and not to rebellious Welch-men The King will do his pleasure 66 That in an Assize of Rent brought in the Confine of Counties if there be pleaded in Bar a
enrolled of Record That for resisting of Welch Rebells the Prince might abide in Wales and have power given him by Commission as of record might appear That no Hereditaments conquered from the Welch be given for one quarter of a year after Whereto was answered that the King would not grant any without advise That the time for the avoidance of the French and Britains out of the Realm be appointed It was answered it shall with all convenient speed That it would please the King to hold the Commons excused for that report was made that they had talked of the Kings person otherwise then them beseemed which was untrue and so the King by answer took the same The names of certain of the Commons appointed to treat with the Lords touching the safeguard of the Seas The Order touching the safeguard of the Seas First That the Merchants Marriners and Owners of English ships shall provide and finde sufficient and able ships for 2000 able fighting men and 1000 Marriners for a year and a half For which their charges they shall have upon account 12 d. of every pound of Merchandize 3 s. of every Tun of Wine and the fourth part of the Subsidy of Wools Wooll-fells and skins granted in the last Parliament The Merchants for the levying of the aforesaid sums shall have privy Seals as oft as they shall need The Merchants shall enjoy all such prizes as they shall take having due consideration of the Kings Chieftains if he shall any appoint The Merchants require 4000 l. in prest whereunto was answered That the King had it not If the Royal Navy of the enemy shall happen to be on the Sea and the King to make out against them the Merchants aforesaid shall then have one moneths warning to provide● The Merchants aforesaid shall have reasonable warning of any Peace or Truce taken after which they shall have due consideration of all their charges The Merchants aforesaid shall name two persons the one for the South the other for the North who by commission shall have the like power as other Admirals have had touching the same On the same third day of April the King for certain weighty affairs adjourned the same Parliament from the said third day unto the Quinden of Easter then ensuing to be holden at the same place of Westminster aforesaid and licensed the Lords and Commons for that time to depart The Re-assembly of the Parliament ON Monday the Quindena of Easter being the 25. day of April for certain great causes the Parliament was from day to day adjourned unto the Friday ensuing on which day the Archbishop of York with sundry Bishops the Duke of York with sundry Lords came and treated of matters concerning the Parliament On Saturday the 8. of May it was enacted by the whole assent that certain strangers by name who seemed to be Officers about the Queen should by a day depart the Realm and all others the like whereupon a Writ to proclaim the same was sent by assent of Parliament to the Sheriffs of London and that they should bring in all Patents of Lands or Annuities granted to them by the King or Queen On Saturday the 15. of May the Commons came before the King where the Speaker prayed that he might under protection have viz. as large Speech as any Speaker before that time had and that Richard Cliderow one of the Admirals appointed for the Sea might go there unto the which the King granted At the request of the Commons the King appointed certain by name to be of the Council and that by authority of Parliament On Monday the 24 of May the Speaker required to know whether the Lords of the Kings● Council appointed would take up the same The Arch-Bishop of Canterbury for himself and the rest of the Council answered yea so there were sufficient treasure otherwise not The same day the Speaker required provision for the great dearth at Callice remembring sundry great charges of the Commons and that same notwithstanding the whole Land of Guienne and Irela●d stood in hazard of losing as well for which as for the Sea and others he requireth politick provision The King answered that he would appoint the Council so to do He also requireth that all Captains beyond the Seas might repair speedily to their ●orts and Peirs as the Earl of Somerset was to Callice bent And that he might be pardoned if he had spoken any thing displeasant to the King or Lords the which the King granted On Tuesday the 25. of May the Lord Lovel and William Doyley before the King and Lords swore to abide the arbitrement of six persons the●e named of the Arch-Bishop of Canterbury and York as Umpiers therein touching the Mannor of Hinton near Brackley in the County of Northampton with the Appurtenances On Friday the fourth of Iune it was enacted that the Commission for the arraying and mustering of men made 5. H. 4. should not concern the Clergy It was the same day enacted that certain there named should have power to determine all controversies between the Merchants of Haunce and Pence and the English merchants according to a Commission thereof made On Monday the seventh of Iune the Speaker required that he might freely resort to his former protestation which was granted The Crown of England with all the Hereditaments and Rights whatsoever was by authority of Parliament with large conveyance entailed to the King and to the Heirs males of his body lawfu●ly begotten in like sort to the Prince and for default to the Lords Thomas and Humphrey successively but the conveyance is crossed and on the Margent is written a Vacat the which conveyance was exemplified under the Great Seal The same Speaker on the said day requireth that the Prince may be sent into Wales with all speed considering the rebellion of the Earl of Northumberland and others He also remembreth the King to provide remedy against the deceit of the Customers and Searchers the charge of Ireland and the little safety of the same the great charges of the Kings House in all which he wisheth provision The 19. day of Iune the Commons came before the King where the Speaker requireth that he may return to his former protestation and that good Government might be by the Council and they to be reasonably rewarded therefore He also requireth that the Queen may be endowed with Ten thousand Marks of Lands as other Queens before had been He also remembreth to the King certain persons by name and he desireth that they may be considered for their service Certain are appointed Auditors to take the accounts of the Lord Furnival and Sir Iohn Pelham for that they were Treasurers of the Wars as appeareth 6 H.
Duke of Gloucester that was son to King E. 3. next the Lord of Darbie that was after King H. 4. and then the Earl of Darby the next to him the Earl of Warwick father to the now Earl Defendant and then afterwards the Earl Marshall father to the now Earl Item also King H. 4. kept a great Councell at Westminster where debate was moved between the Earles of Kent and Arundell for their places in Parliament and likewise between the Earl of Warwick and the Earl Marshall brother to the now Earl Marshall where it was determined that the Earl of Kent should have place above the Earl of Arundell and that the now Earl of Warwick above the then Earl Marshall and so they were both set personally in possession In a patent of King R. 2. made to Thomas Duke of Gloucester of Holdernes and Okeham in the Testees the Earl of Warwicks father was set before the Earl Marshalls father Item in a letter sent to the Pope by King R. 2. for the matter of provision the name and seal of the Earl of Warwick was set before the Earl Marshall Item though the Earl of Arundell be not of the bloud royall nor ever bare the Armes of this land yet he hath had place in Parliament alwayes above the Ancestors of the Earl Marshall without interruption Item he requireth the Duke of Gloucester to call to his remembrance the Parliament holden at Leicester 2. H. 5. where notwithstanding the noble service done by the Duke of Exeter then being Earl of Dorset in the Dutchy of Guienne who was of the bloud royall and Uncle to the King and bare the royall Armes of England and France yet neverthelesse the said Earl of Warwick had place above the said Marshall and the said Earl of Dorset Item where the Lord Stafford that now is is lineally descended from E. 3. by royall whole bloud and not demi sanguinis by his mother the Countesse of Stafford daughter of Thomas of Woodstock Duke of Gloucester yet the Earl of Warwick hath place above the Lord Stafford Item it was declared that E. 1. had issue by his second wife the French Kings sister Thomas of Brotherton and Edward the younger brother which Thomas the Lord Marshall is descended of and of Edmond the Lady Princesse and the Earles of Kent came of the younger and that their difference in Armes was further off then the Earl Marshalls yet they had place before the said Earl Marshall Item it was also declared that E. 1. had another wife named Ellinor daughter to Alphonso King of Spain by whom he had a daughter two yeares elder then her brother E. 2. which daughter was wedded to the Earl of Hereford by whom she had two sons and two daughters the one named Earl of Hereford and the other Earl of Northampton the elder daughter being wedded to Courtney afterwards Earl of Devonshire who by this meanes was lineally descended of the bloud royall and yet the Earl of Warwick had his place in Parliament be●ore him It was moved that where commandement was before given that the Earles should both forbear to sit in the Parliament house untill the title of both parties were by their Councell declared in writing there were then writings exhibited into the Court declaring each others titles Item it was alleged for the said Earl of Warwick that he ought to enjoy the possession of the place in Parliament till the said Earl Marshall had a Judgement for his right Item it was answered for the Earl Marshall that such possession had against Title of right which began but lately by commandement ought not to be affirmed nor put him to his action or out of possession for lack of Judgement Item it was desired by Walter Beauchamp for the Earl of Warwick that learned men might examine the matter and if they should find the same otherwise over ruled than the law would that the said commandement might be reformed and that they might declare for the Lord of Warwicks possession and suffer him to enjoy the same peaceably seeing that all exceptions given on the Earl Marshals part may not hurt the possession of the Earl of Warwick The writings of both sides being shewed it was desired for the Earl Marshall that forasmuch as in his opinion he had brought sufficient proof he might have Judgemenr and that the Earl of Warr. might be excluded from claiming or challenging the said place and that all matters declared for the Earl Marshall might be entred of record And for the better and more speedy determination of the said Controversy the said Iohn Earl Marshall caused to be shewed unto the Court of Parliament that R. 2. by his Letters Patents dated the 21. year of his reign created Thomas then Earl of Nottingham and Marshall of England Duke of Norfolk giving him also for the better sustentation of the said Title forty marks yearly to hold both the said title and stipend to him and ●is heirs males which said Thomas Duke had issue Thomas and Iohn now Earl Marshall which Thomas died without issue and so the said Iohn claimeth to be Duke of Norfolk as heir u●to his brother Thomas The said Earl Marshall made humble petition to the King and to the said Duke of Gloucester his beloved Uncle and the rest of the Lords that he might be so reputed and declared Duke in that Parliament saving alwayes the right of possession of him and his heirs of his body coming as Earles of Nor●olk to his place in that high Court above his said Cousin the Earl of Warwick desiring all that all other matters by him and his Councell notified and declared might be entred of record The King upon consideration of the said Letters Patents and such other proofs as the said Earl Marshall had made and declared by the advise and consent of the Lords spirituall and temporall and the Commons of the realm c. caused it to be declared and with one assent accorded That the foresaid Iohn Earl Marshall as son of the aforesaid Thomas Duke and brother and heir of the said Thomas son of Thomas by vertue of the said Letters Patents and by succession should from thenceforth be held and reputed Duke of Norfolk and should use and enjoy the stile title name and honour of the Duke of Norfolk according to the tenor of the aforesaid Letters Patents which declaration c. accorded the said Lord Chancellor by authority from the King openly delivered whereupon the foresaid Iohn as Duke of Norfolk immediately did homage to the King which done the King commanded the said Duke to take his place amongst his equalls which he did most thankfully The Parliament holden at Westminster the last of April in the third
have power to end all such bills as are not ended by Parliament It is decreed by Common assent of the Lords that the late subsedy of Tonnage and Poundage granted to the King ought simply to be payed notwithstanding any condition The twentieth day of March before the Lords and Commons the Bishop of London Chancellor of England by the Kings Commissaries commandement prorogued the Parliament from the same day unto the Monday next after the feast of St. George at Leicester aforesaid The first day of Iune the Commons by assent of the Bishops and Lords granted to the King the like subsedy of VVools c. Tonnage and Poundage for two yeares as in c. The King by Common assent granteth by his Letters Patents that the Prior of St. Trinity in York being a Cell of the Abbey of Meremaster in France should be Denizens The King granteth to Thomas Cornish of Uxbridge in the County of Middlesex a pardon for stealing of Muttons At the request of the Merchants of Hauns the King according to their liberties appointeth to them one of the Aldermen of London by name to be a Judge between party and party of the same Company of the Hauns in all sutes and that within one moneth after the death or leaving over of any such Alderman there be appointed to them one other Alderman to supply the same Petitions of the Commons with their Answers UPon motion of the Commons it was granted that all such Merchants as had payed subsedy for their wools and could prove before the Councell that the same or any part thereof were perished that then he should shipp so much without Custome That no man do make any Advowson Presentation Collation or induction to any Alien of any Benefice or Ecclesiasticall dignity on pain of the praemunire The King will be advised The like motion and answer as An. 3. H. 6. tit 39. That every Patron may newly present for the Non-residence of the Incumbent The Bishops have promised to take order therein The print against Bribery of Sheriffs cap. 1. agreeth with the record That all strangers being within the realm about Queen Ioan may depart out of the realm The Statutes therefore made shall be observed That the Chancellor of England for the time being may for reasonable fines grant Licences to the Kings Tenants holding in Chief to alien their lands and to the Kings widowes to marry their selves according to their ancient Custome The King will be advised The print touching the misprision of Clarks of the Kings Court cap. 3. agreeth with the record The print touching Knights of the Parliament cap. 4. agreeth with the record The print touching transporting of victualls cap. 5. agreeth with the record The print touching Assize and protections cap. 2. agreeth with the record Anno Sexto Henrici Sexti Rex c. Charissimo Avunculo suo Humfrido Duci Gloucestriae salt apud Westm Quindena Michaelis Teste Rege apud Westm. quinto die Iulii IOhanni Duci Bedfordiae Hen. Com. Northumber Johanni Com. Huntington Humf. Com. Stafford Ricardo Com. Warr. Jacobo de Berckley Chlr. Magistro Tho. de la Warr. VVillielmo de Ferrariis de Grobie Chlr. Reginaldo Gray de Ruthine Chlr. Johanni de Welles Chlr. Johanni Baroni de Graystock Chlr. Johanni Latimer Chlr. Roberto Poynings Chlr. VVillielmo Botreaux Chlr. Tho. Dacre de Gilsland Chlr. Willielmo de Harrington Chlr. Jacobo de Audley Chlr. Radulpho Cromwell Chlr. Lodovico Robesart Chlr. Ricardo Strange Chlr. Johanni le Scroop de Masham Chlr. VVillielm Lovell de Fishmerch Chlr. Willielmo la Zouch de Harringworth Waltero Hungerford Chlr. Johanni Tibitott Chlr. Reginaldo le Warr. Chlr. Tho. de Morley Chlr. Willielmo Cheyney Capipitali Justiciario Rex Charissimo Avunculo suo Humfrido Duci Gloucestriae c. apud Westm. Quindena Michaelis Teste Rege apud Westm. decimo tertio die Iulii IOhanni Duci Norfolciae Hen. Com. Northumb. Johanni Com. Huntington Humfrido Com. Stafford Ricardo Com. Sarum Joh. Com. Oxoniae Radulpho Com. VVestmerland Ricardo Com. Warr. Jacobo de Berckley Chlr. Willielmo de Ferrariis de Grobie Chlr. Johanni de Welles Chlr. Johanni Baroni de Graystock Chlr. Reginaldo Gray de Ruthine Chlr. Johanni Latimer Chlr. Roberto Poynings Chlr. Willielmo Botreaux Chlr. Tho Dacre de Gilsland Chlr. VVillielmo de Harrington Chlr. Jacobo Audley Chlr. Radulpho Cromwell Chlr. Lodovico Robesart Chlr. Ricardo Strange Chlr. Johanni Scroop de Masham Chlr. VVillielmo Lovell de Fishmersh Chlr. Willielmo la Zouch de Harringworth Chlr. VValtero Hungerford Chlr. Johanni Tibitott Chlr. Reginaldo la Warr. Chlr. Radulpho Morley Chlr. Johanni Arundell de Arundell Chlr. Johanni Gray de Codonore Chlr. Tho. Roos de Hamelake Chlr. Waltero Fitz-walter Chlr. Willielmo Fitz-hugh Chlr. The Parliament holden at Westminster in the Quindene of St. Michael in the Sixth year of Henry the Sixth IN the Quindene of St. Michael being the thirteenth day of October before the King sitting in the Chamber de pinct the Lords and Commons being present Iohn Arch Bishop of York being Chancellor of England declared the cause of the Parliament taking for his Theam Machab. 2. cap. 4. Sine providentia regali impossibile est pacem regibus dare wherein he noted two points the one the duty of the Prince towards the Subjects the other the duty of the Subjects towards the Prince To the first he affirmed three things to belong viz. That the Subjects should be kept from forein Invasion that Peace might be kept within the realm and that Justice should be indifferently ministred And that three things belonged to the Subjects viz. First largely to relieve the Prince in cases of defence In peace readily to obey all Magistrates And humbly to submit himself to the lawes The which the better to accomplish the King had assembled the same Parliament whereby he also would that all Estates should enjoy their liberties And for expedition herein he willed the Commons to make choice and presentation of their Speaker the next day to the King accordingly Receivers of Petitions for England Ireland Wales and Scotland Receivers of Petitions for Gascoyne and other places beyond the Seas and of the Isles Tryers of Petitions for England c. as above Tryers of Petitions for Gascoyne c. as above On the fifteenth day of October the Commons presented before the King and Lords Iohn Tirrill Esq to be their Speaker whose excuse made and not allowed he with the common protestation was liked The Chancellor by the appointment of the Duke of Gloucester to whom the Kings Letters Patents were made for proroguing the Parliament did the same prorogue from the eighth day
made to continue for ever That Prohibitions and Attachments may be had upon the Statute of 45 E. 3. against Parsons suing for Tith wood above the age of 20. years The Statutes therefore provided shall be observed The print touching Exigents upon Indictments or Appeals cap. 6. agreeth with the record in effect but not in form That no person within the County of Lancaster being outlawed doe therefore lose any goods other than be in the said County nor thereby disabled but in the same County The King will be advised That such religious persons as are contained in the 9 H. 6. tit 44. may barr the Plaintiff in those Courts where the Plaintiff is twice non-suted in such cases as these religious persons offered to wage their law The King will be advised That the Plaintiff in Attaint may recover his damage as well against the petty Jury or every of them as the Tenant of the land and none on pain be returned in an Attaint unless he may dispend in the same shire five pounds The King will be advised At the Petitions of the Commons the King for certain doubts utterly releaseth the Subsidy granted 9 H. 6. tit 15. so as there be no mention made of the same The print touching the forfeiture of Staple-ware cap. 7. agreeth with the record Ioane Beauchamp Lady of Burgavenie being bound in the Chancery with sureties by recognizance in 1200 marks for keeping the peace towards one Nicholas Burdett was after upon a scire fac out of the Kings Bench upon the same Recognizance condemned for procuring certain there named to beat one Smith the which judgement for certain errors she requireth to be reversed the errors are well assigned and day given to her to have Judgement at the next Parliament Vide 11 H. 6. tit 40. Note well the errors as wherein is a great part of learning as well touching the recognizance as the processe and issue thereupon joyned Anno Vndecimo Henrici Sexti Rex c. Iohanni Duci Bedfordiae c. apud Westm. octavo die Iulii Teste Rege apud Westm. vicesimo quarto Maii. HUmf. Duci Gloucestriae Ricardo Duci Ebor. Hen. Com. Northumb. Ricardo Com. Sarum Ricardo Com. Warr. Johanni Com. Oxoniae Radulpho Com. Westmerland Willielmo Com. Suff. Jacobo Berckley Chlr. Willielmo de Ferrariis de Grobie Chlr. Reginaldo Gray de Ruthine Chlr. Ricardo Strange Chlr. Georgio Latimer Chlr. Johanni Baroni de Graystock Chlr. Roberto Poynings Chlr. VVill. Botreaux Chlr. Tho. Dacre de Gilsland Chlr. VVill. Harrington Chlr. Jacobo de Audley Chlr. Radulpho de Cromwell Chlr. Johanni le Scroope de Masham Chlr. VVillielmo la Zouch Chlr. VValtero Hungerford Chlr Johanni Tipetoft Chlr. Hen. Gray de Codonore Chlr. Willielmo Fits-hugh Chlr. Willielmo de Nevill Chlr. VVillielmo de Lovell Chlr. Johanni de Morley Chlr. Leoni de Welles Chlr. Reginaldo West Chlr. Johanni Beamont Chlr. Johanni Cornwall Chlr. Johanni Talbott No Lord Warden The Parliament holden at Westminster the eighth day of Iuly in the Eleventh year of King Henry the Sixth IN the presence of the King then sitting in the Chair of State in the Chamber de pinct and of the Dukes of Bedford Gloucester Bishops Lords and Commons Iohn Bishop of Bath and Wells Chancellour of England by the Kings commandment declared the cause of the Parliament taking for his Theam Suscipiant montes pacem populo colles justiciam The which he divided into three parts according to the three estates by the hills he understood Bishops Lords and Magistrates by the little hills he meant Knights Esquires and Merchants by the people he meant Husbandmen Artificers and Labourers By the which three Estates by sundry authorities and examples he learnedly proved that a triple political vertue ought to belong viz. To the first unity peace and concord without feigning To the second equity consideration and upright Justice without maintenance To the third a due obeysance to the King his Laws and Magistrates without grudging By which he affirmed that infinite blessings and great commodities would follow this Realm and for that the same Assembly was called as a mean by conference to purchase the same he willed the Commons to make choice of and the next day to present their Speaker to the King giving them further to understand he would them to enjoy all their liberties Receivers of Petitions for England Ireland Wales and Scotland Receivers of Petitions for Gascoyn and other places beyond the Seas and of the Isles Tryers of Petitions for England c. as above Tryers of Petitions for Gascoyne c. as above The 11th day of July the Commons presented unto the King Roger Hunt Esq to be their Speaker whose excuse being refused he with the common protestation was allowed The 13th day of Iuly the Duke of Bedford declared before the King and Lords that for two causes he came to the Kings presence from beyond Seas the one for the safeguard of the Kings person and the other to purge himselfe for that it was bruited that the Kings losses in France and Normandy came by his default and negligence upon whose offer to try the same the Chancellour by the Kings commandment pronounced that the King took him to be his true and faithfull leige and most dear Uncle and for his coming gave him most hearty thanks The 13 day of August for that the Plague began to spring in London the Chancellour by the Kings commandment in the presence of him and of the three estates gave thanks to them and prorogued the same Parliament from the same day unto the fifteenth day after St. Michael ensuing at Westminster The same day for that the King wanted treasure to find his house unto the next Parliament it was ordered that the Treasurer of England should stay in his hands 2000 l. The third day of November the Speaker presented unto the King and Lords a president of E. 2. whereby he commanded the Clergy to pronounce sentence of Excommunication against the offenders whereof he wished the like execu●ion the King taketh the President and promiseth to be advised thereupon He also presented unto the King and Lords one Article among others established in Anno 8 H. 6. That no Nobleman or other should retain in his service any offender of the Law or maintain any title or quarrel The which Article all the Lords and Bishops there named were sworn before the King to maintain The thirteenth day of November the Duke of Bedford by the appointment of the King and Lords took oath of all the Commons House to perform the Article aforesaid The twenty fourth day of November the Commons coming before the King and Lords by their
take Recognizance and enjoy the like liberty as the Port of Southampton hath any Statute or Ordinance to the contrary notwithstanding It is enacted that Iohn Radcliff Knight Steward of Guienne who by the Kings warrants should be payed certain summs out of the Port of Melcombe should now be paid out of the Port of Poole Ioane Beauchamp Lady of Burgaveny to whom day was given unto this Parliament as in Anno 10 H. 6. tit 52. may appear payeth to the King one thousand pounds for the relief of her and her sureties bound for the peace the which is granted The one and twentieth of December the Bishops and Lords of the Kings Council were demanded whether they would attend The Cardinal the two Archbishops the Bishops of Ely and Lincoln answered yea when they could all the other promised absolutely to attend Petitions of the Commons with their Answers THe print touching the impannelling of men dwelling upon the Stewes cap. 1. agreeth with the record A motion that Iohn Carpenter of Bridham in the County of Sussex who cut the throat of Isabel his wife and then ripped up her womb to see whether she were with child might therefore have Iudgement to be hanged drawn and quartered For that the same seemeth to be against the liberties of the Church the King will be advised The print touching the naming of Sheriffs in writs of Assize by collusion cap. 2. agreeth with the record The print touching Assize against Pernors of the profits cap. 3. agreeth with the record That such Scots and Britains as shall sue in the Admirals Court for restitution of their goods may be bound to Englishmen for their goods taken The King will be advised The print for damages of the Plaintiff in attaint cap. 4. agreeth with the record The print touching Actions of waste against the Pernors of the profits cap. 5. agreeth with the record The print touching Commissioners of the Peace cap. 6. agreeth with the record The Stewards of base Courts do admit such Counsel learned as any party grieved shall bring before them There is sufficient remedy at the Common Law That no Alien be a Broaker or use Broakage within the realm on pain of 12 l. for every offence The King will be advised That no Merchant Alien doe buy any Merchandize of any Englishman without present pay on pain to forfeit the same The King will be advised The print touching Indictments in Sheriffs turns cap. 7. agreeth with the record The print touching weights and measures cap. 8. agreeth with the record The like motion and answer as in the last Parliament tit 45. The print touching Alnage of Clothes cap. 9. agreeth with the record That some plain Declaration may be made touching lands purchased and held of the honour of Bolony and Pernel The Kings Council by authority hereof shall have power to make the same That the Statutes made Anno 2 H. 5. touching breakers of leagues as concerning the North parts may be revoked and the same committed to the Wardens of the Marches The Statutes aforesaid shall be observed The print touching pursute of Scire facias by the recognizance of Statutes of the Staple cap. 10. agreeth with the record The print touching affrayes done upon Lords or the Commons coming to the Parliament cap. 11. agreeth with the rcord The print touching Wax-chandlers cap. 12. agreeth with the record An order devised that in every Town certain may be appointed to see that Merchants Aliens should without collusion sell their wares within three months after the landing of the same and that they should exhange no money over The King will be advised The print touching the Act confirmed made Anno 8 H. 6. for selling of wares at Callice cap. 13. agreeth with record The print touching shipping in Creeks cap. 14. agreeth with the record That the Feoffees of H. 5. may see such of the Kings debts paid as are due in the office of the Clerk of the Ordinance The King will be advised The print touching imbezelling of the Kings Customs by the Customers cap. 15. agreeth with the record The print touching blank scrolls of Customers cap. 16. agreeth with the record That all French prisoners as well hostages as others being within the realm without the Kings safe conduct their keeper or host may be by any Englishman taken and ransomed as his prisoner considering that the English men be so served in France The King by advice will provide therefore It is enacted that all the Lords Knights Esquires Yeomen and persons through the realm should by special Commissions swear to perform the Article expressed before tit 14. Anno Duodecimo Henrici Sexti Rex Henric. Com. Northumb. c. apud Westm. octavo die Iulii deinde prorogatur usque Reding Quindena Michaelis Teste Rege apud Westm. primo die Novembris RIcardo Com. Sarum Radulpho Com. VVestmerland Jacobo de Berckley Chlr. Reginal Gray de Ruthine Chlr. Ricardo Strange Chlr. Georgio Latimer Chlr. Johanni Baroni de Graystock Chlr. Willielmo Botreaux Chlr. Tho. Dacre de Gilsland Chlr. Willielmo de Harrington Chlr. Jacobo de Audley Chlr. Hen. Gray de Codonore Chlr. VVillielmo Fitz-Hugh Chlr. VVillielmo de Nevill Chlr. Reginaldo VVest Chlr. No Lord VVarden by name Anno Decimo Quarto Henrici Sexti Rex c. Charissimo Avunculo suo Ioh. Duci Bedfordiae c. apud Westminster decimo die Octobris Teste Rege apud Westm. Quinto die Iulii Anno Dom. 1435. HUmfrido Duci Gloucestriae Ricardo Duci Ebor. Hen. Com. Northumb. Ricardo Com. Sarum Ricardo Com. Warr. Joh. Com. Oxoniae Johanni Com. Huntington Radulpho Com. VVestmerland Willielmo Com. Suff. Hen. Burchier Com. Jacobo Berckley Chlr. VVillielmo de Ferrariis de Grobie Chlr. Reginaldo Gray de Ruthine Chlr. Ricardo Strange Chlr. Georgio Latimer Chlr. Johanni Baroni de Graystock Chlr. Roberto Poynings Chlr. VVillielmo Botreaux Chlr. Tho de Dacre Chlr. VVillielmo Harrington Chlr. Jacobo de Audley Chlr. Radulpho Cromwell Chlr. Johanni le Scroop de Masham Chlr. Willielmo la Zouch de Harringworth Chlr. Waltero Hungerford Chlr. Johanni Tibitot Chlr. Hen. Gray de Codonore Chlr. Willielmo Fitz-Hugh Chlr. Willielmo de Nevill● Chlr. VVillielmo de Lovell Chlr. Tho. de Morley Chlr. Leoni de Welles Chlr. Reginaldo VVest Chlr. Johanni Beamont Chlr. Johanni Cromwell Chlr. Johanni Talbot Chlr. Willielmo Cheperney Capitali Justiciario The Parliament holden at Westminster the tenth day of October in the fourteenth year of the reign of King Henry the Sixth ON the tenth day of October the Bishop of Bath and Wells Chancellour of England in the presence of the King sitting in the Chair of Estate in the Chamber de
c. apud Leceist 18. die Febr. Teste apud Westm. septimo die Ianuar. HUmf. Duci Gloucestriae Tho. Duci Oxon. Johanni Duci Norfolk Hen. Com. Northumb. Humfrido Com. Stafford Jacobo de Berckley Chlr. Magistro Tho. de la VVarr VVillielmo de Ferrariis de Grobie Chlr. Johanni de Welles Chlr. Johanni Baroni de Graystock Chlr. Reginal Gray de Ruthine Chlr. Johanni Latimer Chlr. Roberto de Poynings Chlr. VVillielmo Botreaux Chlr. Tho. Dacre de Gilsland Chlr. VVillielmo Harrington Chlr. Jacobo de Audley Chlr. Radulpho Cromwell Chlr. Lodovico Robessart Chlr. Ricardo Strange Chlr. Johanni le Scroop de Masham Chlr. VVillielmo Lovell de Fishmorsh Chlr. Willielmo la Zouch de Harringworth Waltero Hungerford Johanni Tibetot Chlr. Reginaldo le Warr Chlr. Tho. de Morle Chlr. Willielmo Cheyney Capitali Justiciario Rex Charissimo Avunculo suo Iohanni Duci Bedfordiae c. apud Lecester decimo Octavo die Februarii Teste apud Westm. Septimo die Ianuarii HUumf Duci Gloucest Thom. Duci Exoniae Joh. Duci Norfolk Humfrido Com. Stafford Jacobo de Berckley Chlr. Magistro Tho. de la Warr. Willielmo de Ferrariis de Grobie Chlr. Johanni de Welles Chlr. Johanni Baroni de Graystock Chlr. Reginaldo Gray de Ruthin● Chlr. Johanni Latimer Chlr. Roberto Poynings Chlr. VVillo Botreaux Chlr. Johan Dacre de Gilsland Chlr. Willielmo Clinton Chlr. Jacobo de Audley Chlr. Johanni Gray de Codonore Chlr. Radulpho Cromwell Chlr. Lodovico Robesart Chlr. Ricardo Strange Chlr. Johanni le Scroop de Masham Chlr. VVillielmo Lovell Chlr. VVillielmo la Zouch de Harringworth Johanni Tibetott Chlr. VValtero Hungerford Chlr. Johanni Tiptoft Chlr. No Lord Warden The Parliament holden at Leicester the eighteenth day of February in the fourth year of King Henry the Sixth BEfore the King sitting in person in the great Hall of the Castle of Leicester the Lords and Commons then being present there the Bishop of Winchester Chancellor of England declared that the Kings will was that all Estates should enjoy their liberties He then took for his Theam the words of St. Paul Sic facite ut salvi sitis the which he divided into three parts The first to God protecting the faith of the Church against the invasions of the Heretiks and Lollards the second by imparting some Counsell the third by granting liberall subsedies Of which he affirmed that three vertues and commodities would follow viz. Glory to God by protecting his faith Honour to the King by receiving sound Counsell and Peace to the Subjects by liberall granting VVherefore he willed every estate to labour herein and the Commons to choose and the next day to present their Speaker Receivers of petitions for England Ireland Wales and Scotland Receivers of petitions for Gascoyne and other places beyond the seas and of the Isles Tryers of petitions for England c. as above Tryers of petitions for Gascoyne c. as above The King appointeth by his Letters Patents Iohn Duke of Bedford his Commissioner to prorogue and dissolve the Parliament The twenty eighth day of February the Commons presented before the King Richard Vernon Knight to be their Speaker who with the common protestation was allowed Upon the Commons misliking of the dissention between the Nobles the Duke of Bedford and other Bishops and Lords made among themselves a solemn decree that every of them should without affection hear and end the dissention between the Duke of Gloucester and the Bishop of Winchester so as neither of them should be encouraged to break the peace To which order after every of the Lords were sworn they sent the Copy thereof to the Commons The fifth day of May it was enacted that a proclamation should be made in Leicester that all such as had any Annuity fee or office of the kings grant or confirmation and were in the Town aforesaid should there appear before the King and his Councell on VVednesday ensuing to abide further direction The variance between the Duke of Gloucester and the Bishop of Winchester by their formall Instruments is compromitted to certain Bishops and Lords who by like formality make a full order between them viz. that the Bishop should first submit himself to the King which he did whereupon the Duke of Bedford in open Parliament by the Kings commandement pronounced the said Bishop excused as well of that it was said that the said Bishop had procured one to have murdered the King being Prince as the murderer confessed who was therefore drowned by the Earl of Arundell as also of that it was said that the said Bishop should counsell and have procured H. 5. being Prince to have deprived H. 4. his Father Besides that they awarded that the said Bishop should acknowledge to the said Duke of Gloucester an offence and by his submission to pray his favour and that the Duke should promise the same and that in token thereof either of them should take the other by the hand which was done The thirteenth day of March the Bishop of Winchester for sundry causes prayeth to be discharged of the great seal whereof by common consent he was discharged The Bishop of Bath Treasurer of England was of his office also discharged The eighteenth of March Iohn Bishop of Bath and Welles late Treasurer of England by a Writ of the privy seal delivered to the Duke of Bedford the Kings great seal of gold in a leather bagg the which the Duke took and shewed openly and so sealed with his own seal and after delivered the same to Iohn Bishop of London Chancellor of England The Bishop of Durham by vertue of a privy seal to him directed delivered the last VVill and Testament with a Codicell thereto annexed of H. 5. which was sealed with the great and privy seales and the privy signet to the Lords of the privy Councell who delivered the same over safely to be kept to Mr. VVilliam Alenwick keeper of the privy seal It is enacted that the Lords of the Councell shall have full power to bind the King his heirs and successors to his Creditors by one assurance for the summe of 40000 l. At the petition of the Earl of Huntington the King by common consent releaseth to Lewes of Burbon Earl of Vandesme all the arrearages of his ransome being taken at Agincourt field The Duke of Bedford who had the keeping of the Castle at Barwick to him and his heirs males with the fee of 500 marks hath licence by common consent to appoint a Deputy there under him during his life at the Kings pleasure It is enacted that any of the feoffees of H. 5. may take the homage of fealty of any tenants holding of them It is enacted that the Kings Councell by authority of Parliament shall