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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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by our Kings and Privy Council without the Parliaments consent 8. That No Subsidies Aydes Tonnage Poundage Impositions or new Customs whatsoever lawfully might or could be granted imposed or levied on the Subjects but only in and by their Free Grants and Consents in Parliament upon urgent necessities on such conditions cautions limitations and for such ends uses purposes in such moderate proportions as our Parliaments thought fit to limit and prescribe And that all Customs Impositions New Taxes Extortions not thus granted imposed by Parliament were constantly complained of punished redressed by the next ensuing Parliaments 9. That our Kings usually returned the Lords and Commons special thanks for their Aids Subsidies though in Cases of publick Defence for their own and the Kingdoms safety and likewise gratified them with the Grants of general Pardons the answer of all their just Petitions Relief of their common Grievances Confirmations of their Liberties and enacting of wholesom New necessary Laws 10. That the first thing the Lords and Commons usually Petitioned for and our Kings Parliaments enacted in every Session was the Confirmation of the Great Charter the Charter of the Forest with other good Laws and publike Liberties and for redress of all Grievances Imprisonments and restraints repugnant thereunto which they still obtained 12. That our Parliaments in former ages have been very carefull to resume all the lands and revenues aliened from the Crown and to reunite them thereunto for the better support of our Kings defraying the publike expences of the Kingdom and the easing of the Subjects from Subsidies and Taxes as 1 R. 2. n● 48. 1 H. 4. n. 100. 6 H. 4. n. 14 15. 8 H. 4. n. 29. 52.1 H. 5. c. 9. 28 H. 6. n. 54. 29 H. 6. n. 17. 31 H. 6. c. 7. 35 H. 6. n. 47. 4 E. 4. n. 39 40. 7 E. 4. n. 8. 8 E. 4. n. 26. 13 E. 4. n. 6. and other Records here evidence Neither is this a practice peculiar unto England both in these Parliaments and in former ages but Universal through the world All Monarchs and States having held it for a general and universal Law That the publike Revenues should be holy sacred and inalienable either by Contract or prescription to the end that Princes should not be forced to overcharge their Subjects with Imposts or to seek any unlawfull means to forfeit their goods to supply their necessities most Kings and Princes being for this reason specially sworn and taking an Oath when they come to the Crown in no wayes to sell or make away the Revenues or Lands of the Crown and more particularly the Kings of France England Spain Poland Hungary The which is also observed in Popular and Aristocratical estates as in Venice the Cantons of the Swissers the Senate of Lucern even in later times and at this very day and in Athens and Rome it self in antient times where Themistocles and Cato the Censor caused all the publike Revenues to be seized on which through tract of time and sufferance of Magistrates had been sold unto or usurped by private men saying in their Orations That mortal men could never prescribe against the immortal God nor private men against the Common weal. Upon which grounds the Parliaments of France Poland and other Realms have frequently resumed the Crown Lands and Revenues sold● or given away to Princes of the blood Nobles and private persons such Sales and Gifts being meerly void in Law and destructive to the publike as you may read at large in Iohn Bodin his Common-wealth l. 6. cap. 2. Dr. Crakenthorps Defence of Constantine p. 169. to 172. The second Part of my Soveraign Power of Parliaments and Kingdoms p. 12. to 16. and the severall Authors there cited to this purpose All which particulars of late years discontinued and almost quite abandoned are now fit to be revived in all succeeding Parliaments 12. It is observable that our Parliaments now and then either out of hatred envy passion or compliance with some potent ambitious popular swaying Lords and Grandees have most unjustly illegally condemned executed banished fined sentenced oppressed sundry Innocent some well deserved persons without just cause trial or due conviction of any real Crimes whose Sentences thereupon have been justly questioned damned reversed in succeeding Parliaments not only out of Grace and Favour but Justice and common Equity of which you may finde sundry presidents in this Abridgement 13. That all such Parliaments and ambitious self-seekers in them who under a pretence of publike Reformation Liberty the peoples ease or welfare have by indirect surmises policies practices force and new devices most usurped upon the Lawfull Prerogatives of their Kings or the Persons Lives Offices Estates of such Nobles Great Officers and other persons of a contrary party whom they most dreaded maligned and which have imposed New Oaths or Engagements on the Members to secure perpetuate and make irrevocable their own Acts Iudgments and unrighteous proceedings have alwayes proved most abortive successeless pernicious to themselves and the activest Instruments in them the Parliaments themselves being commonly totally repealed nulled and the Grandees in them suppressed impeached condemned destroyed as Traytors and Enemies to the publike in the very next succeeding Parliaments or not long after witness the Parliaments of 15 E. 3.11 21 R. 2.38 39 H. 6. 1 H. 4. 1 E. 4. 1 R. 3. and some others here abridged 15 E. 3. Stat. 2. 17 E. 3. rot Parl. n. 23. 21 R. 2. c. 2. 1 H. 4. c. 3. 33 H. 6. c. 1. 17 E. 4. c. 7. 1 H. 4. n. 70.113 1 H. 7. c. 6. 14. That Kings created and set up meerly by Parliaments and their own power in them without any true hereditary Title have seldom answered the Lords and Comons expectations in the preservation of their just Laws Liberties and answers to their Petitions yea themselves at last branded for Tyrants Traytors Murderers Usurpers their posterities impeached of High Treason and Disinherited of the Crown by succeeding Parliaments and King as you may here read at large in the Parliaments of King Henry 4. 1 H. 5. m. 8. 39 H. 6. 1 3 E. 4. 1 Rich. the 3d. and 1 H. 7. c. 6. From these 3. last Observations we may discern that as Parliaments are the best of all Courts Councils when duly summoned convened constituted ordered and kept within their legal Bounds● so they become the greatest Mischiefs Grievances to the Kingdom when like the Ocean they overflow their banks or degenerate and become through Sedition Faction malice fear or infatuation by divine Justice promoters of corrupt sinister ends or accomplishers of the private designs ambitious Interests of particular Persons under the disguise of publike Reformamation Liberty Safety Settlement according to that of Isay 19.13 14 15. The counsel of the wise Counsellors of Pharaoh is become brutish The Princes of Zoan are become fools the Princes of Noph are deceived they
the Commons made request unto the King and Lords that Thomas Thorp their Speaker and Walter Rail a member of their house who were in prison might be set at liberty according to their privileges On Friday the fifteenth day of February the Duke of York came before the Lords and shewed how the Duke of York in the vacation had recovered Damages in an Action of Trespasse against the said Thorp by verdict in the Kings Exchequer for carrying away the goods of the said Duke of York out of Durham house for the which he remained in execution and prayeth that he may continue the same The Judges being demanded of their Counsell herein make answer that it was not their part to Judge of the Parliament which was Judge of the law only they said that generall Supersedeas of Parliament there was none but especiall there was in which case of speciall Supersedeas every member of the Commons house ought to enjoy the same unlesse the same be in cases of treason felonie surety for the peace or for a condemnation before the Parliament After which answer made the Lords determined that the said Thorp should remain in execution notwithstanding the privilege and sent certain of themselves to the Commons to require them on the Kings behalf to choose a new Speaker The tenth day of February certain of the Commons were sent to the Lords to make declaration now they had newly chosen in the place of Thomas Thorp Thomas Charleton Knight to be their Speaker the Chancellor answered the King liked him and willed them to proceed with effect On Tuesday the nineteenth day of March the Commons required the Lords to remember the hazard of Callice the safe keeping of the seas and that the Subsidy granted might be imployed upon the same they also requi●●●he Lords to hold them excused of any other Subsidies and finally they require that a grave Councell may be ready to answer all which is promised Certain Lords by name were appointed to go to the King lying sick at VVindsor and to know his pleasure touching two Articles The first to know who should be Archbishop of Canterbury and who Chancellor of England in the place of Iohn Kemp by whose death the King was to dispose of them The second to know whether certain being named to be of the Councell liked him or no The said Lords messengers the twenty fifth of March report to all the Lords how they had been with the King at VVindsor and after three severall repaires earnest perswasions with the King they could by no means have answer or token of answer only they said the King was sick Whereas the Lords the twenty seventh of March had appointed the Duke of York to be Protector and Defendor of the realm so long as the same should please the King the same Duke the twenty eighth day of the same Moneth required the Lords Answer to the Articles following First that it be enacted that the said Duke doe take upon him the same offices at the only appointment of the Lords and nothing of his own desire or seeking The like Articles shall be made for the same as was made during the Kings minority That all the Lords will assist the Duke therein It is agreed by all lawfull means To prescribe the power thereby given to the said Duke He shall be chief of Council Protector and Defendor which implyeth a personal attendance against forein Invasion and inward rebellion and no authority of governance so as the same be no prejudice to the Prince To appoint how much the said Duke shall take for the exercise of the same The presidents shall be seen and the Duke conferred withall upon which an Act shall be made The King by his Letters Patents appointeth the said Duke to be his chief Counsellor Protector and Defendor of this realm at the Kings will and as unto such time as Edward the Prince shall come to the age of discretion the which the Duke in full Parliament took on him to perform The like Letters Patents are made to Edward the Prince as Anno 1 H. 6. tit 25. with the yearly fee of 2000 Marks onely besides allowance for riding and such other exploits provided the same be not prejudicial to any grant made to Margaret Queen of England Richard Earl of Salisbury Iohn Earl of Shrewsbury Iohn Earl of Worcester Iames Earl of Wiltshire and the Lord Sturton are appointed to keep the seas to whom is appointed for three years Tonnage and Poundage granted in the last Parliament The fifteenth day of April in the 32 year it is agreed that towards the furniture of the Lords aforesaid there shall be a loan made of certain Cities and Towns there named of particular summs and they to be answered of the same out of certain Customs and Subsidies A certain particular rate out of the Kings revenues and fee-farms is allotted to the Treasurer of the Kings house for paying the Kings provision taken up therefore The like Statute made Anno 28 H. 6. tit 13. it is repealed Where Robert Poynings of Southwark Esquire being the Carver Sword-bearer and chief doer with Iack Cade and had his pardon upon which he with certain sureties by recognizance was bound in the Chancery for his good behaviour since which time he had done many riots and namely by raising and going with men armed against the Law in Kent wherefore it is enacted that an Extent upon the said recognizance shall goe against the said Poynings and his Sureties and his and their lands and goods A certain Fine is specially taxed upon every Lord for not coming to the Parliament according to their degree It is enacted that the Mayor Constable and Fellowship of the Merchants of the Staple shall be paid 10000 marks out of the subsidy of wooll at Callice the which they lent towards the payment of the Souldiers wages there The King by his Letters Patents created Edward his Son Prince of Wales and Earl of Chester to him and to his heirs Kings of England with the Ceremonies thereto belonging the which are confirmed by the hands of the Lords there named and by the Commons Thomas Earl of Devonshire was accused of treason and acquitted of the same by his Peers before Humfrey Duke of Buckingham Steward of England for the time being And for that the Duke of York thought the honesty of the said Earl to be touched whereupon the said Earl protesting his loyalty referred further tryal as a Knight should doe upon which Declaration the Lords acquitted him as a loyal Subject The King by his Letters Patents enableth Edmond of Hadsham and Iasper of Hatfield the sons of Queen Katherine his Mother to be the Kings
the Sea and against the Invasion of the French and namely against the Scots for besieging Barwick against the truce To appoint how and when the 13000 Archers granted the last Parliament should be imployed To make a perfect accord and unity between the Lords To restrain the carrying forth of gold and silver To provide for the safe-keeping of the Seas To foresee that the peace may be kept in Wales For every of which Articles certain Bishops and Lords were severally appointed On Friday the third day of the Parliament the Commons presented to the King Sir Iohn Wenlock Knight to be their Speaker whose excuse being refused he with the common protestation was allowed A long conveyance made by the King the King acquitteth Richard Duke of York Richard Earl of Warwick and Richard Earl of Sarum and them taketh to be his loyall Subjects albeit Edmond late Duke of Somerset Thomas Thorp and William Ioseph by their untrue means had caused the King to think the contrary and thereby to have raised a great power against the said Duke and others The Duke of Yorks letters sent to the Archbishop of Canterbury Chancellor of England from Royston in May before touching his coming by force towards the King and his griefs conceived The Letters of the said Duke and Earls written to the King from Royston in May before containing their enterprize and due obeysance to the King The Letters were kept from the Kings knowledge by the Duke of Somerset and others untill such time as the said Duke of York and others met with the King at St. Albones The Duke of York and his Allyes the twenty second day of May last came to St. Albones to have spoken with the King whom the Duke of Somerset and others did resist with a great number of armed men in which conflict the same Duke of Somerset was slain The humble obeysance of the Duke of York and his Allies in coming into the Kings presence after the said conflict The acquittall of the said Duke of York and of all others coming with him to the said conflict or battel to any harms there done All which are confirmed by whole assent of Parliament the twenty third day of July in the thirty third year all the Bishops and Lords in open Parliament were sworn to be true to the King but none here are named nor their names The like order is taken for all other Lords as should after come to take the like oathes At the request of the Earles of Salisbury Shrewsbury and Worcester and of the Lord Sturton they were discharged from keeping of the Seas The one and thirtieth day of Iuly the Archbishop of Canterbury Chancellor of England in the Kings presence prorogued the Parliament from the same day and place to the twelfth day of November ensuing at Westminster The generall pardon for Treasons Felonies Contempts Trespasses c. The one and twentieth day of November in the thirty fourth year of the Kings reign the King by his Letters Patents appointed Richard Duke of York to proceed in the Parliament the which Commission was read before the Lords and then before the Commons The thi●teenth day of November Burley and others coming from the Commons required the Duke of York and the Lords to move the King to appoint an able Protector and Defender of the realm sith the King would not attend the same and that the Commons might have knowledge of him wherein they remembred the great ryots and murders in the VVest parts between the Earl of Devonshire and the Lord Boneville the Duke and Lords promised to answer the same The fifteenth day of November the said Burley and others of the Commons coming before the Lords renewed the aforesaid sute and had the like promise After Consultations had amongst the Lords for a Protector a●d Defender they thought the Duke of York most worthy therefore and thereupon made request to take the same upon him according to the presidents before the which Duke upon excusing himself requireth respite The seventeenth of November Burley and others of the Commons coming before the Lords revived their sute again as before tit 31.32 The Chancellor declareth to the Commons how that the King by the assent of the Lords had requested the Duke of York to be Protector and Defender of the realm The Duke of York makes the like protestation and demand and thereto hath the like answer as Anno 31. H. 6. tit 34 35 36 37. After Conference had with the said Duke by certain of the Lords it was agreed that the said Duke should have towards his charges yearly four thousand marks After all which Articles agreed and earnest request made by the Lords to the said Duke to take the same upon him the said Duke at their earnest contemplations accepted the same charge not as sought by himself but as laid upon him by them The like Letters Patents are made to the said Duke and to Prince Edward as An. 3. H. 6. tit 38 39. only where by the former letters they were to continue at the Kings will instead thereof these words were inserted Quousque Consanguineus noster de occupatione ejus onere nomine hujusmodi per nos in Parliamento de aviseamento assensu Dominorum Spiritualium Temporalium in Parliamento existent exoneretur The which Letters Patents are confirmed by common consent The like other Letters Patents are made to the said Duke and Prince as An. 3. H. 6. tit 40. The twenty third of November in the thirty fourth year of the Kings reign the King committeth the whole estate affaires and governance of the realm to the Lords of his Councill only for matters concerning his person they shall not proceed without making him privy thereto The King by his several Letters Patents confirmeth to his Son Edward Prince of Wales and to his heirs Kings of England his creation of the Principality and Earldom of Chester with all the particular Dominions and hereditaments belonging to the Principality and Earldom And for that the said Prince the Kings first begotten the day of his birth is and ought to be Duke of Cornwall the King granteth to the said Prince livery of the same and of all other hereditaments belonging of common consent And further it is enacted that the said Prince shall be at diet and sojourn in the Kings Court unto his age of 14. years for the which diet the King shall yearly take all the revenues and profits of the said Principality Earldom and Dutchie of the said Prince until the said Prince come to the age of 14. years allowing yearly to the said Prince towards his Wardrobe and wages 10000 l. unto
Bishops to take order Labourers Apprentice Forfeiture Husbandry Labourers Merchants Fryers Admiralty Adjournment Resp. Usage Dovehouse Res. Wales Lands resumed Rebels Res. Kings pleasure Assize of Rent Plea in Bar. Countie Triall Res. Common-Law Grant Office returded Traverse Res. Common-Law Lincoln Povertie Fee-Farm Res. King Quindesmes London St. Martins liberties Ill Fruits Res. Kings Councell Attorneys Falshood●s Attorney Forrainers Acquital Remedie Res. Cornwall Prior of Lanceston Appropriation Penaltie Res. Kent Constable of Dover Res. Kings Councell Array Res. Kings Councell Residence Customers Suggestions Damages Imprisonment Fine Res. Exigent Annuitie Res. Common-Law Purveyors Resp. Presentation Outlawry Additions Res. Common-Law Al●ge Victuallers Hostlers Annuities Precedencie Conviction Welchmen 〈◊〉 Fellons Receivers Resp. Kings Councell Welchman Receivers Resp. Kings Councell Congregations Wales Congregations Going armed Variance Welchmen Victualls Arms. Justices Wales Peace Res. Kings Councell Welchmen Flight Next of kin Res. Welchmen● Castles Welchmen Merchandize Victuals Market Towns Res. Offices Welchmen Law of England Wales Councell le Roy. Res. Welch Towns English men Wales Owen Glendor Moneys transportation Strangers English commodities Money R●s Lord Treasurer Merchants Exchange to Rome R●sp Kings Councell Merchants Deceit Customers survey of Merchandize Res. Merchants Customers Oath Residence Comptroller Imprisonment Deputy Searchers Judgments Purveyance Kings debts paid Feoffees in trust Rent charges Res. Kings Councell Approver William Taylor Traytor Acquitted by Writ Res. Chancellour Causes of Parliament Liberties to be enjoyed by all persons Councell Church Temporality Parliament to advise Welsh Rebellion French enemies Isle of Wight Callice Guienne Ireland Scotland Hen. Percies Rebellion Commons to choose and present their Speaker ●etitions Sir Arnold Savage Speaker presented Excuse Protestation Commons request Welch rebels Sea guarded Houshold charg Liveries Repayring of Castles and Houses ●ind●or Castle Granting away Lands Charging the Commons Subversion of the State Earl of Northumb petition acknowle●gem●nt and su●m●ssion in parliament Gathering of power Giving Liveries● p●●●on prayed Ready submission Justices Lord● protestation The onely Judges in parliament of Treason They adjudge the Earls offence no Treason o● Felony but Trespass The Earls thanks to the King and Lords for the judgement Oath of Allegiance to the King prince and their heirs in tayle pardon of his Fine and Ransome Arch-Bishops prayer Suspicion Confederacy The Earl purgeth them upon Oath Levying Wars adjudged Treason Kings Houshold reformed persons removed Mr. Richard Durham Master Crosby They come into the Parliament The King excused them Peoples hatred the onely cause of their guilt The King dischargeth and removes them from his House Commons thanks to the King Earl Northumberland Their Oath of Allegiance with the Bishops and Lords to the King Prince and their issue c. there taken Kings Thanks Commons request Earl● reconciliation in open Parliament Kissing Taking by the hand Commons request Kings Houshold Officers ap●ointed with the Parliaments privity Commons request Earls reconciliation in Parliament Shaking by the hands Kissing Commons request Kings purgation of suspected Lords Not to be impeached The Dutchy of Cornewall annexed to the Crown Letters Patents Resumption and Reversion of it to the Crown Princes Councell Scire facias Protection Ayde of the King Sir Iohn Cornwall Sir Iohn Holland Earl of Huntington Kings warranty Recovery in value Commissions of Array Musters Beacons Kings and Lords assent Judges advised with Commission of Array Commons request Committee of Lo●ds Articles agreed on Aliens Anti-pope Banishment Aliens Dutch confined Frontiers Garrisons Aliens removed from the Kings and Queens servants Persons excepted Welchmen removed from the King Kings assent to these Articles put in execution by his Officers Queen and her Daughters Queen attendants appointed by the King and Lords in full Parliament Patents confirmed Expences for the Houshold 10100 l. Treasurer of the Houshold Ham●er worth 2000. l. per an Arch-Bishop Common Law maintained and not delayed Kin●s Houshold ●x●●nc●s ordered by the Lords Treasure●s of the War appointed Kings and Commons assent Proctor Priors Aliens Conventual Priors Religious Aliens removed English in their place Archbishops Protestation Debt Exchecquer Sir Roger Welden Lord Treasurer Commons request Wars with France Kings Councels ●ower Ca●lice Staple Patents Kings great Councell appointed by Parliament Knight of the Shi●e Sheriff false return amended Sh●ri●● imprisoned for his false returne and put to a fine and Ransome Fleet. Commons request Imprisonment Trial by the Common Law Constable Marshall Commission Justices of the Kings Bench. Roger Deynecourt Error in Parliament upon a Judgement Banco le Roy. Scire facias Next Parliament Sir William Gascoin chief Justice Transcript of the Record Clarke of the Pa●liament Princes Agreement Surrender Cornewall Dutchie Princes Deed. Letter of Atonement Livery and seisin Prince Infant Promise before the Lords to bind him and his heirs at full age Parliament Forme Courts Confession King and Lords give judgement of Lands in Parliament Restitution to the Prince Reconveyance Princes Grant in Parliament of Mannors in the Dutchy of Cornwal Fishing Deed read in Parliament Infants promise Parliament Livery and seisin in Parliament Kings confirmation Queen Ioanes Petition and Dower in Parliament 10000. M. per an Dower Sir Iohn Cornish Petition Feme Count enabled to sue at Common Law against the King or any other for her Dower though not dowable by Law Attainder Dower 〈◊〉 Dispence● Dower recovery though ●o●●eited Duke of Yorks Petition 〈◊〉 i● Tayle chang●d in the Custome● of Kingstone and London Customes Iohn Earl of Sommerset Callice In●e●●u●e Souldiers Garrison of Callice T●uce Wa● A●ears of pay demamanded and granted Tho. Earl of Kent Petition Ann●ty in Jo●●ture Dow●●●eleased Go●dsmith● of London Petition Survey Ma●ks Cu●lers of London Bils and Writs ●ent to the Major of London Examination Certificate The M●jors ●●●●tificat● Goldsmiths Cu●lers ●ssay G●●dsmiths char●ter confirmed by Ki●g with the Lord asse●t Outlawly for Fellony in Ireland Seisure and Forfeiture of their ●● Lands Lieutenant of Ireland Pardon Restitution prayed in bloud and Lands Granted only for Ir●e Petition Iohn de Burey Lords assent Restitution Kings warrants Scire sacias Sir Henry Percie Forfeiture Pardon Thiefs Watches Aliens Ships stayed Reprisal King writs Discharge Res. Staple Articuli super Chartas to be executed Steward Marshall Errour Averment King● Bench. Forfeiture Res. Constable of Castle Justice of Pe●ce Imprisonment Common Goale Re● Imprisonment Multiplication Kent Constable of Dove● Tithes of Stone and slate Res. Desmes Aliens Tongues out Eyes B●oker Usurie E●change Fo●fetu●e R●s Ecclesiastical Law Cloaths Custome for cloaths K●ndal cloaths Sale Res. Kings Councell P●●v●ledge● of Parl●ament Ar●est of members o● their servants F●ne Treb●e damages Res. Supersedeas to hinder right Res. F●aud C●pper Gold Appropriations Mainprise●s Kings Farms Attainder Discha●ge Wages of Law Sir Richard Tempest Allowance for Souldiers Governour of Ca●lile Res. Petition to the King Iohn Chedder Merchant-strangers Gold and Silver Statute Merchants Fine● priors Aliens Generall pardon Treason Variance● Writs of Summons Writs of Summons Chancellor King Causes of parliament Liberties enjoyed
Wardens of the Marches Resumption Truce-breach Patents Outlawrie● Wools. Ravishment Woman Heirs Mariage by Duress Appeal Writs of Summons King Archb. Chancellor Causes of Parliament Commons to chuse their Speaker Liberties enjoyed Petitions Articles Causes of Parliament Charge of the Kings house Souldiers due pay Keeping the Seas Defence against French Scots 13000. Archers imployed Accord between the Lords Exportation of coyn Seas safegard Peace kept in Wales Committees of Lords Sir Iohn Wenlock Speaker presented Excuse Protestation Nobles acquitted of disloyalty by the Kings Charter Fa●s● information Army raised D. of Yorks Letter Force raised Grievances Their Letters to the King Their Obedience Letters kept from the King Nobles kept by force from the King D. of Somerset slain Obedience to the King Their acquittance after the battel Their acquittance confirmed Oath of Allegeance of all Lords and Bishops to the King Oath The Lords discharged from keeping the sea Chancellour Parliament prorogued Generall pardon if Treason c. Parliament holden by Commission under the D. of York Comm●ttee of Commons request Protector of the Realm desired Kings negligence Commons to have notice of him Riots Answer promised Committee of Commons renew their request Lords consultation Protector chosen Respite required Committee of Commons renue their sute Chancellor Kings assent to the D. of York to be Protector The Dukes Protestation Demand Protectors Stipend 4000 marks The Duke at the Lords request accepts the Protectorship Patent of the Protector confirmed by Parliament Determinable at the King and Lords assent in Parliament Patents The Government wholly committed to the Privy Councill Kings person excepted Patents Prince of Wales Earldom of Chester Prince Duke of Cornwall Livery thereof Princes diet in the Kings Court till he be of 14 years His allowance and Wardrobe till then Callice Sir Iohn Cheyney Victualler of Callice Monies lent Merchants loan of money Re-payment assured out of the Customs Resumption Kings Houshold charges Chancellor Kings Commissary Parliament prorogued Protectors Power repealed by the Kings Patent in Parliament Petitions Servants Repeal Outlawry Lancaster Extortion Excheq Brewers Silkwomen Abbey of Fountain Attorneys Writs of Summons King Chancellor Causes of Parliament Commons to chuse a Speaker Petition William Tresham Speake presented Excuse Protestation Duke of Yorks Attainder Kings love care in his Education Confederacy with I. Cade to be advanced to this Crown Coming with force to the Kings Court. Practice to be Protector Practice to raise an Army against the King Submission Oath to the K. Confederacy with other Nobles Ingratitude Battel at St. Albons Pacification Kings Pardon Promise of Allegiance The Dukes and Earls ambition New Oaths Policies Their Expedition War●●ai●ed Prisoners● taken Ks. pursute of them Pardon offered and refused Their new assemblies in the field against the King Kings death pretended Bat●el ranged by them Camp fortified Ambush to surp●●ze the King Their flight Sub●ission Pa●d●n Attaind of Treason Procurers of Treason● Their lands in Fee and Tail forfeited Some pardoned Their lands yet forfeited Forfeiture Provis●es Oath of Allegeance to the King Prince and Kings heirs All the Bishops Lords take and subscribe it Exchange by the K. with the Queen Alnage Havering Dutchy of Lancaster Kings feoffees in trust Kings will Great seal Dutchy seal Parl●●ments confirmation Petition Prince of VVales Dutchy of Cornwall Parliament Patents Livery sued Non obstante Patents confirmed Eaton College Patents confirmed Kings College in Cambridge Pembroke Hall Syon Priory confirmed Patents revoked Resumption Rebels Patents nulled Sheriffs Escheators Chester Flint Knights of Shires returned by the Kings Letters without any election Sheriffs Indemnity Note Robberies Rapes Exactions Answers thereto Rebels fin●d after Pardon Lord Standleys accusation Imprisonment demanded Resp. Chancellor Kings thanks Parliment dissolved King Painted Chamber Chancellors speech Commons to chuse and present their Speaker Petitions Speaker elected Iohn Green Speaker presented Excuse Protestation Parliament revoked Privilege of Parl. Burgesse taken in Execution● inlarged Flee● Councell in Parl. Duke of Yorks claim and title to the Crown exhibited and read in Parliament Not to be answered without the King His Pedegree and title● The Lords declare the Title to the K. The Justices Kings Sergeants and Atney refuse to answer thereto though commanded Every Lord freely to utter his minde Oaths of the Lords and Duke to King Henry Acts of Parliament Acts of Intayl Arms born H. 4. Claimed it as Right heir to H. 3. Not as a Conqueror The Dukes Answer Oath against the Law of God void Acts by the Wrong-doer void Needless where right Arms forborn not Disclaimed A Cloak of violent Usurpation void Lords arbitrament between them King H. 6. to be K. during life The Du. to succeed him Chan. to declare it Kings assent to accord King to enjoy the Crown for life The D. his Sons sworn not to shorten his life or impair his Preheminence The Duke declared heir apparent to the Crown Resignation Hereditaments presently allotted to him and his sons Compassing the Du. death Treason Bishops and Lords Oath to the Duke and his heirs The Dukes Oath to the Lords Ks. royal assent to the arbitrament Statute of Intayl repealed The Duke and his Sons Oath Protestation to the King enrolled Lands assigned by Patent to the Duke Dutchy of Lancaster Confirmation Act declaring the D. right heir to the Crown Power to suppress Rebellions c. All Sheriffs c. to obey him as the King Dutchy of Lancaster Feoffees in trust Steward and Attorney of the Dutchy of Lanc. Chancellor of the Dutchy Dutchy of Lanc. revenues Receivor of the Dutchy Treasurer of England Realms affairs Feoffment to the use and performance of the Kings will Liveries Writs of Summons King Painted Chamber Causes of Parliament Speaker chosen Petitions Sr. Iames Strangewayes Speaker presented Excuse Protestation Speakers Oration Kings Commendation Thanks for victories Kings Title to the Crown H. 4. Tyrannous usurpation R. 2. murder E. 4. undoubted King Submission to him and his heirs H. 4. an Intruder Usurper E. 4. seized of the Crown as R 2. Rights excepted H. 4. and his heirs disabled disinherited Agreement between H. 6. E. 4. Breach thereof E. 4. discharged therof by the breach Tenants of Eastmain Bishop of Winchester New Customs raised Freeholders Copyholders Referre●s Report Tenants in Fault Attainder of K. H. 6. Queen Margaret and others Prince of Wales Knight of the Garter Beheading against Law Murder Attainders of sundry for the Duke of Yorks death Attainder of sundry Nobles others for being in Armes against K. E. 4. Treason K. H. 6. Q. Margaret Pr. Edw. attainted Barwicks surrender to the Scots H. 6. Qu. Prince● others attainted Procuring forein Princes to invade England Treason Carlisles surrender to the Scots Treason for being in Arms against E. 4. Treason for levying war against E. 4. Forfeiture of H. 6. for this Treason Dutchy of Lancaster Offices Liberties Treason Forfeiture Dower Treason Forfeiture Rebellion Submission upon Proclamation
have also seduced Egypt even they that are the stay of the Tribes thereof The Lord hath mingled a spirit of Perversenesse in the midst thereof and they have caused Egypt to err in every work thereof as a drunken man staggereth in his vomit Neither shall there be any work for Egypt which the head or tail branch or rush may doe So as we may justly conclude with that of Psal. 118 8 9. It is better to trust in the Lord than to put confidence in man It is better to trust in the Lord than to put confidence in Princes yea or Parliaments Wherefore Put not your trust in Princes in Parliaments nor in any son of man in whom there is no help yea Cease ye from man whose breath is in his nostrils for wherein is he to be accounted of For although usually in a way of ordinary providence In the multitude of Counsellers there is safety yet God many times in justice Leadeth the greatest Counsellers yea Parliaments themselves away spoyled and maketh the Iudges fools so that though they associate themselves together they shall be broken in pieces and though they take Counsel together yet it shall come to naught when God is not with but against them whereof we have seen many late sad domestick experiments to wean us from Deifying Idolizing of or over-much confiding in or depending upon Parliaments which have been so subject to Errors Deviations Abortions in former and later times Touching the Original of electing and sending Knights Citizens and Burgesses to our Parliaments it is very obscure and dubious Sir Robert Cotton the Author of this Abridgment In his brief Discourse concerning the Power of the Peers in Parliament in point of Iudicature affirms and proves That the Generale Placitum Universalis Synodus Magnum Commune Concilium of the Realm now stiled a Parliament was held Ceram Episcopis Magnatibus suis Or Coram Episcopis Principibus Regni in praesentia Regis This Great Court or Council consisting of the King and Barons ruled all affairs of State and controlled all Inferiour Courts Causes being referred and transferred out of the County and other Courts unto it propter aliquam dubitation●m quae emergit cum Comitatus nescit dijudicare as Glanvil in King Henry the seconds reign informs us and Bracton Britton with sundry Statutes and Records of later date with the antient presidents of Ethelwold Bishop of Wilton his sute against Leoftine and Q Edgin against Goda in the time of King Ethelred● the sute between the Bishop of Winton Durham in the time of St. Edward and one in the 10. year of the Conqueror evidence The power of the Peers in this Courtt and of certain Officers as the Steward Constable and Marshal fixed upon Families in fee for many ages was so transcendent that it seemed to be set to bound in the execution of Princes wills and grew fearfull to Monarchy Hereupon King Henry 3. when the daring Earl of Leicester was slain at the battel of Evesham by the dear experience himself had made at the Parliament at Oxford in the 40. year of his reign and the memory of the many streights his Father was driven unto especially at Runny-mead near Stanes wisely began to lessen the strength and power of his great Council weakning that hand of power which they carried in the Parliaments by commanding the service of many Knights Citizens and Burgesses to that Council NOW BEGAN saith he THE FREQUENT SENDING OF WRITS TO THE COMMONS THEIR ASSENTS not only used in Money Charge and making Laws For before ALL ORDINANCES PASSED BY THE KING PEERS but THEIR CONSENTS IN JUDGMENTS OF ALL NATURES WHETHER CIVIL OR CRIMINAL For proof whereof he produceth some succeeding presidents out of records When Adomar that proud Prelat of Winchester the Kings half Brother had grieved the State with his daring power he was exiled by the joynt consent of the King the Lords and Commons and this appeareth expresly by the Answer to the Letter sent by Pope Alexander the 4th expostulating a Revocation of him from Banishment because he was a Church-man and so not subject to Lay Censures In this the Answer is Si Dominus Rex et regni Majores hoc vellent COMMUNITAS TAMEN IPSIUS INGRESSUM IN ANGLIAM JAM NULLATENUS SUSTINERENT The Peers subjoyn this answer with their names and Petrus de Montford VICE TOTIUS COMMUNITATIS as SPEAKER or PROLOCUTOR OF THE COMMONS For by this stile Sir Io. Tiptoff Prolocutor affirmeth under his Arms the Deed of entail of the Crown by King Hen. 4. in the 8. year of his reign for ALL THE COMMONS By which passage and president it is apparent that in Sir Robert Cottons Judgement the Commons were not usually summoned to our Parliaments by writs till after 40 of King H. 3. and that purposely to curb and lessen the power of the Lords in Parliament This President he cites of Bishop Adomar out of the Leiger book of St. Albans falls in 44 H. 3. full 5 years before the Earl of Leicester was slain in which year Adomar died at Paris as he was posting from Rome into England to recover his Bishoprick Pope Alexander also dyed the same year 1260. in which I read there was a Parliament held but no mention of any Commons in it neither is there in our Records any Writ of Summons for electing Knights or Burgesses to repair to it in this year Onely I find there was a great difference then begun between King Henry and his Magnates Barones about the Ordinances made in the Parliament at Oxford which the King refused to observe contrary to his Oath from which he gained an absolution from the Pope I likewise read in William Rishanger his Continuation of Matthew Paris that this 44. year Magnates the Nobles not Commons sent quatuor Milites satis facundos qui Epistolam Sigillis suis firmatam Papae Cardinalibus exhi●erent containing many grievous accusations against this Bishop elect of Winton to hinder his promotion and return into England which Letter was sent from them sitting rather in a Military Councel at Oxford than in a true and real Parliament where Simon de Montsord Earl of Leicester Richard de Clare Earl of Gloucester MULTIQUE NOBILES IPSIS ADHAERENTES CONVENERUNT OXONIIS EQUIS ARMIS SUFFICIENTER INSTRUCTI finaliter statuentes in animo aut mori pro pace patriae aut pacis eliminare a patria turbatores as Rishanger relates Praeceperuntque omnibus qui eisdem servitium militare debuerant quatenus cum insis venirent parati veluti ad corpora sua contra hostiles insultus defensu●i Quod et fecerunt palliantes talem adventum eo quod in Walliam contra hostes Regis viderentur collectis viribus prof●cturi as Matthew Paris himself records Neither was this Letter signed and sealed by Peter de Montsord as Speaker or
the Commons the King granted that one Bennet William who was imprisoned to answer before the Constable and Marshall of England should be tryed according to the Common Laws of the Realm notwithstanding any Commission to the contrary and thereupon a Writ was accordingly directed to the J●stices of the Kings Bench as may appear 40. Roger Deynecourte the son and heir of Iohn Deynecourte Knight complaineth of an erronious judgement given against him in the Kings Bench for Ralph de Alderlie touching the Mannour of Austie in the County of Warwick the which Errors are there particularly rehearsed whereupon a Scire facias was granted to the said Roger returnable in the next Parliament and Sir William Gascoyne Chief Justice for shortness of time examined a Copy of the Process and Record word by word and gave a Copy thereof under his hand to the Clarke of the Parliament 41. It was agreed between the Prince on the one part and Iohn Cornewall and the Countess of Huntington his wife on the other part That the said Iohn and Countess should surrender into the Princes hands all such Mannours and Hereditaments as were parcell of the Dutchy of Cornewall after which surrender an entry should be made in the Premises on the behalf of the Prince and that after the said entry the Prince by Deed and Letters of Attorny to deliver seisure should grant the premises to the said Iohn and Countess and for that the Prince was within age he should promise before the Lords to performe the same at his full age and the promise to be made for the Prince his Brother all which Acts should be done by Parliament 42. Whereupon the twentieth of March as well the said Prince as the said Iohn and Countess came in proper persons before the King and Lords where the said Countess confessed that she had during her life certain Mannors parcell of the said Dutchy upon which confession the King and Lords gave judgement that the said Prince should be restored to the said Mannours aforesaid and that after seizure had the Prince should make estate over as is aforesaid 43. The grant of the Prince to the said Iohn and Elizabeth Countess of Huntington during her life of the Castle and Mannour of Trematon the Mannour of Calestocke the Mannour of Ashburgh the Castle and Parke of Easternell the Mannour of Perin of Penknith the Burrows and Towns of Lostwithiell and Camelford the whole fishing of the Mannour of Fowley the Mannour of Tewinton the Mannour of Moreske the Mannour of Tintagell 44. This Deed being read in full Parliament the Prince the Lords Thomas Iohn and Humfrey made promise as aforesaid Livery and seizin was delivered to the said Iohn and Countess and the King promised to confirme the same 45. At the Petition of Ioane Queen of England the King granted that she the said Queen should enjoy during her life Lands and Tenements to the full summe of ten thousand marks by the year for and in the name of her Dower according as other Queens of England had done 46. At the like Petition of Sir Iohn Cornwall and Elizabeth Lancaster Countess of Huntington his wife the King granted that she the said Elizabeth should be a person able at the Common Law to sue and recover her Dower of all the Hereditaments late of Iohn de Holland Earl of Huntington her late husband as well against the King as against all other persons notwithstanding any Judgement against the said Earl and notwithstanding the said Countess be not thereof dowable 47. The like Petition answer and grant is made to Constance late the wife of Thomas le Despencer for the recovery of her Dower of the Lands of the said Thomas as is aforesaid 48. Upon the Petition of Edward Duke of York touching 1000 l. by the year granted by Richard the second to Edward the Father and to the heirs males in the 13 R. 2. the King granteth to Edward now Duke 4000 l. out of the Customs of Kingstone upon Hull and 289 l. 6 s. 8 d. out of the Customs of London as parcell of the said 1000 l. and to the heirs males of his body lawfully begotten 49. Iohn Earl of Somerset Captain of Callice and of the Marches thereof decla●eth that where by Indenture between the King and him he stood bound to keep the town and Castle aforesaid taking therefore for himself and his Souldiers in time of truce and peace 6301 l. 11 s. 8 d. and in the time of 10509 l. 6 s. 8 d. whereof he was behind unpayed 12423 l. 12 s. 4 d. he therefore for want of payment p●ayeth due payment from thenceforth the which the King granteth 50. Upon the Petition of Ioane late wife of Thomas Earl of Kent to have 1000 l. yearly during her life of the Hereditaments of the said Thomas the Kings by the assent of Edmond Earl of K●nt Brother of the said Thomas granteth to the said Ioane during life certaine Mannours and Hereditaments there named to the value of 300. marks over and above her joynture for the which the said Ioane releaseth to the said Edmond all her Dower 51 The Wardens of the Goldsmiths of London by their Petitions shew how they ought to have the Survey and sight of the Cutters of London touching the working of Gold and Silver 52. The Wardens of the Cutlers of London maketh the like complaint 53. The King thereupon sendeth those Bills and two Writ to the Mayor of London willing him to examine the whole matter and to certifie the same 54. The Mayor upon due examination certifieth that the Cutlers ought to work Gold and Silver in their works but that the Goldsmiths ought to have the assay of Gold and Silver by Cutlers wrought 55. The King thereupon by assent of the Lords confirmeth to the said Goldsmiths their Charter granted 1 E. 3. with the clause of Licet and granteth to them other Liberties 56. Sir Bartholmew Verdon Knight Iames White Christopher White and Stephen Garnon Esquires being outlawed for sundry Robberies and Fellonies done in Ireland whereby all their Hereditaments were siezed into the Kings hands and granted away by the Lord Thomas the Kings son Lieutenant there the persons aforesaid having their pardons for their lives require to be restored to their bloud and to all their Hereditaments the King restoreth them to all their Hereditaments during their lives onely notwithstanding any grant to any person whatsoever 57. Upon the Petition of Iohn son and heir of Iohn de Burley Knight Cosen and heir to Simon de Burley Knight containing the effect expressed in 2 H. 4.