ere. THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES THE PARLIAMENTARY O R CONSTITUTIONAL Hiftory of England; Being a FAITHFUL ACCOUNT Of all the Moft remarkable Transactions In Par liament, From the earl ie ft Times. COLLECTED From the Journals of both Houses, the Records, original Manuscripts, fcarce Speeches and Tracts ; all compared with the feveral Cotem- porary Writers, and connected, throughout, with the Hiftory of the Times. By Several Hands. Vol. II. From the Acceflion of King Henry IV, to the Death of King Henry VII. LONDON, Printed j and Sold by Thomas OJhorne, in Gray's Inn-, and William Sandby, againft Sc. Dunftan^sCburcb^Fket-firest. MDCCLJ. TIC THE Parliamentary HISTORY OF ENGLAND. T may well be faid, that Henry IV. The Acceffor began his Reign at the Inftant King K^S Henry ] Richard was committed Prifoner to the Tower ; for we do not find that he evef did one Act of State afterwards (a). The new-elected King did not claim the Crown by that Right only, as judging it too pre- carious ; but trumped up a much worfe Title to it* by drawing his Pedigree from Edmund, firnamed Crouch- tack, as eldeft Son to King Henry III. when it was then, and is now notorious, that the faid Edmund was only Second Son to Henry III. On the Day of his Coronation, however, be took more Strings to his Bow ; and by Proclamation, then made, he claim'd the Crown of England, Firft, by Conqueft ; Secondly* „ becaufe King Richard had refigned that Dignity, and V o L. II. A deligned (a) The laft th« we find, in the Public A8i, is dated at Weftmnfieti Scfupibtr aoth, the Day before he was lent to the Tmtr, 11 x3104 r> a The 'Parliamentary History King Henry iv. defigned him for his Succeffor ; and Laftly, becaufe he was of the Blood Royal, and next Heir-Male (£) unto King Richard. We (hall not difpute any further the Validity of any of thefe Titles : The ftrongeft Arm then carried it ; for there was another Perfon, then in Being, who, after the Death of King Richard, without lime, had been publickly proclaimed Heir Apparent to the Crown. This was Edmund Mortimer , Earl of March, Son to Roger Mortimer, flain in Jre!and,xvho was defcended from Lionel, Duke of Clarence, elder Brother to John Duke of Lancajter, King Henry's Father, by his Mother Philip- pa, only Daughter and Heir to the faid Lionel. « And * therefore, fays another Hiftorian (c), the faid Edmund 4 thought himfelf nearer Heir Male to the Succtffion ' of the Crown, as indeed he was, than he that, by * Colour of Right claiming it, carried it by Dint of * Sword.' But this Earl well confidered, that the Torrent of the Times was far too impetuous for him to withftand, and therefore wifely withdrew himfelf from aH publick Affairs, to his Caftle and Barony of IVigmore in Hereford/hire, where he lived a private Life for feveral Years. For, as Mr Rapin well .obferves, he had no other Way to fecure his Repofe, and even his Lite, againft the Sufpicions of a Prince whofe In- tereft it was to deftroy him. And, it was but too pro- bable that the new King would embrace the firft Oc- cafion to free himfelf from the Uneafinefs, which fuch a Rival could create {d). But, let the Steps to the Throne have been never fo llippery and dangerous, Henry found himfelf fafely pla- ced in it, and fortified there by the Sanction of the two Houfes of Parliament. Some Hiftorians have hinted, that the Lower Houfe was hardly brought to confent to the Depofuion of the late King ; but, at length, was overawed by the great Ones, to a Compliance with it \e). But this does not appear upon Record by the Pro- f ceeaings (h) Hares Mal«, indeed, quoth Edmond Mortimer to his Secret a F nhetth ndf ° 1StheP > ratC ^^-hant whenhe i^ h t r :;- {c) HaW* Chronicle, FA £*/ "V™*' *' "' (d) tfa/m'sHiftory of England, Fol. Edit. P. 4 8 4 . W Sir John Hazard. — Biondi\ Hift. of the Civil Wars. P. *r. Of ENGLAND. 3 ceedings of the next Parliament, which Henry had ^ a z Henry lV f called, and was to meet at Wejlminjler on the 6th of October following. We have fufficiently taken Notice what collufive Doings had been afted in calling thefe two Parlia- ments, the latter of which was to meet fix Days after the former was diflolved ; but were indeed the fame individual Perfons, both in Lords and Commons, as the former (f) M. Rapin makes a juft Reflexion on this Piece of Chicanery ', which we mail give in his own Words as follows : ' To proceed according to Cuftom, the Reprefen- ' tatives mull have been chofen anew. But Henry ' did not think fit to run the Rifque of a lefs favour- ' able Parliament than that which had fo heartily efpou- 4 fed his Caufe. He was contented, therefore, with * impowering the fame Reprefentatives to make, with c the Houfe of Lords, a. new Parliament under his * Authority. I mail not venture to decide, whether * this Proceeding was fomewhat irregular, or authorifed * by any former Precedent. But, be that as it will, * the fame Parliament met again on the gth of ORq- 1 ber (g-), as if called by the new King. We mall now proceed to quote from more certain Authority, which is the faithful Abridger of the Parlia- mentary Records themfelves ; advertifing the Reader, that, fince now Dr Brady and Mr Tyrrel are both filent, to avoid a Repetition of needlefs Notes, the jub- ilance of Parliamentary Proceedings, in this and fome fucceeding Reigns, are wholely taken from Sir Robert Cotton's Abridgment of them ; and, where any Matter is advanced otherwife, the Authors (hall then be re- mark'd. But, it cannot be amifs in the Beginning of this Par- liament, to give the Names of the Peers fummoned to it by the fecond Writ, in Henry's Name ; And as thefe, with the Peers called to the firft, Hand, in the Abridg- ment, on two oppofite Pages, there is no Difference except in the Names of the Kings ; and, in the former, Sir Thomas Erpingham is put as Warden of the Cinque A 2 Ports, (f) See Vol. I. p.. 502. (g) Repin, Vol, I. p, 484, —. He fliould have faid the 6th. 4 The 'Parliamentary History King Henry iv. Ports, which in the other he is not. The firft Writ is thus directed, Rex [Richardus] &c. dilecio Confanguineo fuo Henrico Dud Lancaftrise Salutem, &c. apud Weft- monaiterium in Crajiino S. Michaelis proximo futuro. Tejie Rege apud Ceitriam xxix De Augufti. The a Parliament other is, Rex [Henricus] &c. Henrico Duci Lancaftriae caii'datWeft- [Filio fuo] &c. apud Weftmonafterium, in Feflo Sand. minfter. Kidis Virginia fexto Die Oilobris, 1399. Tejie Rege apud Weftmonafterium, 30 Septembris. Next follow the Names and Titles of the Peers {h). Edmond Duke of Tori, William, Lord Clinton, Edivard Duke of Albemarle, Thomas, Lord de la Ware, Thomas Duke of Surrey, Stephen, Lord Scrape of Jobh Duke of Exeter, Majham, John Marquefs of Dorfet, William, Lord Roos of Thomas de Beauchamp, Earl Hamlake, of Warwick, Henry, Lord Fitz-Hugh, Aubrey de y'ere, Earl of William, Lord Ferrers of Oxford, Grcby, Edward Courtney, Earl of Thomas, Lord Morley, Devon, Richard, Lord Scrape, John de Montacute, Earl of Hugh, Lord Burnel, Sarum, Thomas, Lord Berkeley of Henry Percie, Earl of Nor- Berkeley, thwibefland, John, Lord Welles, Edward, Earl of Stafford, Philp, Lord De$encer, Michael de la Pole, Earl of Almaric, Lord St Amand, Suffolk, Ralph, Lord Cromwell, Thomas de Percie, Earl of Ralph, Lord Lumley, Worcejler* Ralph, Lord Greyjlock, Thomas le Defpenfer, Earl Robert, Lord Harrington, olGloceflcr, John, Lord Darcy, Ralph Nevile, Earl of Walter, Lord Fitz-Walter, Wejlmor eland, William, Lord Willoughby, Thomas, Lord de Carnois, John, Lord Cobham, John L^rd Bourchie", William, Lord Dacre, John, Lord Charleton de William, Lord Nevile of Powys, Halkmjhire, s Richard, (b) There is a Miftake in DugdaWs Summons to Parliament, in pla- cing the Writs for calling a' Parliament at York, the firft Year of this King, inftead of the Second ; and putting it before this Parliament at fPefiminJJcr j as the Dates of the Writs, thcmfelves, will evidently fhevr, Of ENGLAND. 5 Richard^ Lord Seymore, Reginald, Lord Grey of King Henry J.V, William Beauchamp, Lord Ruthin, Bergavenny, Thomas, Lord Bardolf of John, Lord Lrc^//, of Tich- Wormgay, marjh, Robert, Lord Scales, R chard ', LordGWji -of Co- P^r, Lord Mauley* donore, On Monday, being the 6th of Ocloher, thefe Peers, with the Bifhops and Commons of England, being af- fembled in the Great Hall at Wejlminjler, and the new King placed in the Royal Throne ; by his Command, Thomas Arundele, Archbimop of Canterbury, declared, * That this Parliament was fummon'd by King Rich- Jf^erbu^ ' ard, to be held the Tuefday next before. Which informs them of ' Summons was annull'd and made void by the Accept- ^"S Richard's * ingof the Renunciation of the faid King Ricbard® e * o{ition ' c and Depofing of him ; which was done the fame Day * in the Prefence of the King, Lords and Commons, 4 as by the Proc?fs hereafter to be read would appear. He then told thtm, * That this moft famous Realm, e abounding in all Felicities, had been long governed 6 by Children and young Counfellors, and would, ut- * terly, have been ruined and wafted, had not God ' fent a wife and difcreet Man to govern the fame, ' who meant, by God's Help, to be governed himfelf e by the wife and old Heads of the Realm.' After this he took for his Text thefe Words out of Maccabees, Incumbit nobis ordinare pro Regno, i. e. // is the King's Will to be governed by the honourable, difcreet, and fag e Men of the Realm, and by their common Confent ; and not by his Wdlor Humour, to rule the fame. He further laid great Strefs on this, \ That this Nation, of any ' under the Sun, might beft fiipport and live within ' itfelf, alledging for Authority this Adage, £$uod inter ' Regna, hoc Principatum tenet. To thefe he added, • That to every good Govern - ' ment Three Things were required ; Firft, Juftice ; * next, That the Laws mould be duly obferved ; and ' laftly, That every Degree of Men, in their feveral ' Vocations, mould be encouraged and protected.' He brought many Reafons why this Nation ought to be A 3 well 6 The Parliamentary Histort King Henry iv. we ^ governed, and faid, ' That their new King in- ' tended ftriclly to obferve thefe three Points. He concluded with acquainting them, * That Hen- f ry, their King and Lord, meant to be Crown'd on the * Monday following, after which he would wholely ad- ' diet himfelf to the Care of the Common-wealth j * and delired the Commons that they would confent ' to have the Parliament continued to the Tuefday * following.' After this Harangue was ended, Henry Percie, Earl of Northumberland, and Conftable of Eng- land, demanded of the Lords and Commons, whe- ther they would agree to this Continuance, who, be- ing all and feverally examined, confented thereto. Then the Receivers and Tryers of Petitions for Eng- land, Ireland, Wales, and Scotland, were appointed, with thofe for Gajcoigny, and other Places beyond the Seas, with the Iiles. The next Thing they went upon, was to read the Record of the Renunciation of King Richard II. with their Acceptance of the fame, and the Depofition of the faid King, as follows : The Roll of Parliament fummoned and holden at Weft- minfter, on the Feajl of St Faith the Virgin, in the fir jl Year of the Reign of King Henry IV. after the Con- quejl, Membrane XX. The Record and Procefs of the Renunciation of King Rich- ard II. after the Conqueft, and likewife the Acceptance of the fame Renunciation, ivith the Depofition of the fame King Richard aftenvards enfuing (;'). ' "HE it remembered, that on Monday the Feaft of ' I) St Michael the Archangel, in the three and twen- 4 tieth Year of the Reign of King Richard II. the * Lords Spiritual and Temporal, and other Perfons of ' Note ; that is to fay, the Lord Richard le Scrope ' Archbifhop of York, John Bifhop of Hereford, Henry ■ Earl (i) It was printed, from an attefted Copy, in the original Languages, . ' by Sir Roger Tivifden, at the End of his Edition of the Decern Scrip tores Jiijitrite Anglicance. Col. 2743. But, this Translation is taken from the Hiftory of the Life and Reign of Richard II. by a Per/on of Quality. 8vo. Land. 168 1. p. 192, &c. Of ENGLAND. 7. Earl of Northumberland, and Ralph Earl of Weflmore- King Henry IV. land j the Lord Hugh de Burnel, Thomas Lord de Berkeley, the Prior of Canterbury with the Abbot of Wejlminjler, William Thyrning, ■ Knight, and John Markham, Juftices ; Thomas Stow and John Burbache, Dodtors of Laws, Thomas de Erpingham and Thomas Gray, Knights, William de Feryby and Dionyfius Lap- ham) Publick Notaries, fir ft deputed to the A£t. un- der- written, by the Aflent and Advice of feveral of the Lords Spiritual and Temporal, and of the Judges and others, fkilful as well in the Civil and Canon Law, as in the Laws of the Realm, aflembled at Wejlminjler in the ufual Place of Council j did about Nine of the Clock come to the Prefence of the faid King, being within the Tower of London : And it be- ing recited before the faid King, by the faid Earl of Northumberland, in the Behalf of all the reft before- named, fo as aforefaid joyned with him : How the faid King heretofore at Conway in North-Wales, (k) being at Liberty, did promife unto the Lord Thomas Archbifhop of Canterbury, and the Earl of Northum- berland, that he would yield up and renounce the Crown of England and France, and his Regal Maje- jefty, for Caufes of his Inability and Infufficiency, there by the faid King himfelf confeffed, and that in the beft Manner and Form the fame could be done, as Counfel learned mould beft order ; the faid King before the faid Lords and others above-named, here- unto benignly anfwer'd, That he would with Ejfeft accomplijh, what before in that Behalf he had promifed, but defired to have fome Difcourfe with his Coufins, Henry Duke of Lancafler, and the faid Lord Archbi- fhop of Canterbury, before he fulfilled fuch his Pro- mife. z ' Afterwards the fame Day after Dinner, the faid King much affecting the Coming of the faid Duke of Lancafler, and having long waited for him, atlaft the faid Duke of Lancajler, the Lords, and others above-named, and alfo the faid Archbifhop of Can- terbury, did come to the Pretence of the faid King in the Tower aforefaid ; the Lords de Roos, de Wil- hughby, and de Bergavenny, and very many others be- ' ing (*J See Vol. I. p. 501. 8 The Parliamentary HisTOPxY Ring Henry IV. c ing then there prefent ; and after the faid King had had Difcourfe with the faid Duke of Lancajier and Archbifhop, exhibiting a merry Countenance here and there amongft them to Part thereof, as appeared to thole that flood round about ; at laft the faid King calling to him all that were there prefent, did publickly fay before them, That he was ready to make the Re- nunciation, and to renounce andvecede, according to the Promife by him made as afore/aid. And fo forthwith, although, as was faid unto him, he might have made fome Deputy to have ferv'd as the Organ of his Voice, for av -id'ng fo tedious a Labour as the reading of the faid Ceffion and Renunciation, reduc'd by others into a Schedule of Parchment ; yet the faid King, very willingly as appeared, and with a plea- fant Countenance, holding the faid Schedule in h s Hand, faid, That he him/elf would read it, and di- ftin&lyread the fame through : And alfo did abfolve all his Liege People, and renounce, and recede, and fwear, and other Things did fay and pronounce in Reading, and did fubferibe it with his own Hand, as is more fully contained in the faid Schedule ; the Te- nor whereof is fuch. /N the Na'ne of G O D, Amen. / Richard, by the Grace of God, King of England and France, and Richard's Ref^- Lord of Ireland, do abfolve the Archbijhops, B/hops, and nation of the ot h er Prelates of Churches, fecular or regular, ofwhatfo- ever Dignity, Degree, State, or Condition they be ; the Dukes, MarqueJJes, Earls, Barons, Vajjals andVaha- fors ; and all and every my Liege People whatjbever, Ec- clefta flicks or Seculars, of all the faid Kingdoms and Do* minions, by what Na»:e foever they are known, from the Oath or Fealty and Homage, and other Oaths whatfoe- verto me made, and from all Bond or Tye ^Leigiance, Royalty, and Dominion, whereby they have been or are cbligxd, or otherwifc in any Manner bound unto me. And 1 do free, releafe, and acquit them and their Heirs and SuccefJbrs for ever, from the faid Oaths and other Obligations ivhatfoevcr. Andldodifmijsthemfree, un- loofen, quit and in full Immunity , as far as relates to my Perfon, to every Ejfecl oj Law which may follow from the Premiffes Of ENGLAND. p Premises, or any of them. And I do purely \ of my own k^ n eary j Vt Accord, /imply and ab/olutely, in and by the beft Manner Way and Form that may be, in thefe Writings, Renounce and totally Refign, all Kingly Dignity and Majefty, and the Crown and Dominion and Power of the /aid King- doms and Dominions, and all other my Dominions and Po/J'effions, or any Way belonging or appertaining unto me t by what Name joever they may be reckon 'd up within the afore/aid Kingdoms, or el/where ; and all Right and Co- lour of Right and Title, PoffeJJion and Dominion^ which at any Time I have had, novj have, or by any Means Jhall have in or to the fame, or any of them, with their univer- fal Rights and Appurtenances, or any Dependencies howe- ver, on them or any of them : Andal/o the Rule and Go- vernment 0/ the /aid Kingdoms and Dominions, and their Admimftration, and all Manner of meer and mixt Em- pire and Jurifdi&ion to me in the /aid Kingdoms belong- ing, or that may be belonging ; and to the Name of King, and the Honour, Regality, and Celfitude Royal, purely^ voluntarily, jimply, and ab/olutely, by the beft Manner Way and Form that the /ame can be done in the/e Writ- ings, I do Renounce, and them do totally Refign, and in Deed and in Word di/mi/s and quit the /ame, and from them do recede for ever. Saving to my Succe/fors Kings ^England, the Rights to them or any of them belonging, or that Jhall any Way belong, in the /aid Kingdoms or Do- minions, and all other the Premiffes /or ever. And I do con/e/s, acknowledge, repute, and truly and out ^certain Knowledge, do judge my/elf to have been and to be utterly infufficient rfwiunuieful for the Rule and Government of the faid Kingdoms and Dominions, with all their Appurte- nances : And that for my notorious Demerits / de/erve to be depo/ed. And 1 do fwear upon the/e Holy Gofpels of God, by me corporally touch' d, that I will never aft con- trary to the faid Refignation, Renunc'ation^ DifmiJJion^ and Ceffion ; nor any Way oppo/e the /ame in Deed or in Word, by my/elf or any other or others : Nor will, as much as in me lies, permit the fame publickly or privately to be contraried or oppofed ; but the /aid Renunciation, Refig- nation, Difmiflion and Ceflion, will/or ever efleem ra- tified and wellplea/uig, and firmly hold and objerve th* fame io The Parliamentary History King Henry lV.f ame in ^ e w ^ m ^ in ever y ^ art 5 f° God me help, ' and thefe Holy Gofpels of God. / the before-named King Richard do here fubjerile my [elf with my own Hand. c And prefently to the faid Renunciation and Ceffi- on, the faid King added by Word of Mouth, That if it lay in his Power the faid Duke of Lancafter Jhould fucceed him in his Kingdom. But becaufe, as he faid, this did not depend on his Pleafure, he did requeft the faid Archbifhop of York, and Bifhop of Hereford, whom he for that Time had constituted his Procura- tors, to declare, and intimate fuch his Ceflion and Re- nunciation to the States of the Kingdom, That they would be pleafed tofignify to the People, his Will and In- tention in that Behalf. And in Token of fuch his Will and Intention, did then and there openly pluck off the Golden Ring of his Signet from his own Fing- er, and put it upon the Finger of the faid Duke of Lancafter, defiring as he affirmed, that the fame might be made known to all the States of the Kingdom. Which being done, taking their Leaves on both Sides, they all went out of the faid Tower, to return to their Lodgings. ' But on the Morrow, viz. Tuefday the Feaft of St. Jerome, in the great Hall at Wejlminfter, in the Place honourably prepared for holding the Parliament, the faid Archbifhops of Canterbury and York, and the Duke of Lancafter, and other Dukes and Lords, as well Spiritual as Temporal, whofe Names are under- written, and the Commons of the faid Kingdom, af- fembled in a great Multitude in Parliament, being prefent, and the faid Duke of Lancafter being feated in a Place due to his Quality, and the Chair of State *, being folemnly adorn'd with Cloth of Gold, but then empty, without any Perfon whatever pre- fixing therein ; the above named Archbifhop of York, in the Name of himfelf, and of the faid Bi- fhop of Hereford, according to the Oder of the faid King, did publickly declare the Ceffion, and Renun- ciation, to have been fo made by him as aforefaid, • with * Or Royal Throne. Of E N G L A N D. u . with the Subfcription of his Royal Hand, and Deli- j^g Henry iv. very of his Signet. And the laid Ceffion and Re- nunciation, did there caufe to be read by another, firft in Latin and then in Englijh. * Immediately after which, it was demanded of the Eftates and People there prefent, to wit, firft of the Archbifhop of Canterbury, to whom, by Reafon of the Dignity and Prerogative of his Metropolitan Church of Canterbury, it belongs in this Behalf to have the firft Voice amongft the reft of the Prelates, and No- bles of the Realm, Whether, for their lnterej} and the Utility of the Kingdom, they would be pleafed to ad- admit fueh Renunciation and Cejfion. And the faid States and People, judging from the Caufes by the faid King himfelf, in his Renunciation andCeflion afore- faid, fignified, that the fame was very expedient, did each Man fingly by himfelf, and in common v with the People, unanimoufly admit the faid Ceffion and Re- nunciation. « After which Admiflion, it was then and there pub- licity declar'd, that befides fuch Ceffion and Renun- ciation, fo as aforefaid admitted, it would be very ex- pedient and profitable to the Kingdom, for the re- moving of all Scruples, and taking away finifter Sus- picions, that very many Crimes and Defects, by the faid King about the ill Governance of his Kingdom very often committed, reduc'd into Writing by Way of Articles, by Reafon of which, as himfelf affirm'd in the Ceffion, by him made, he was defervedly to be depofed, mould be publickly read, and declared to the People. And fo the greateft Part of the faid Articles, were then and there read through. The Tenour of all which Articles is fuch. But yet in the Roll, before the Articles, there are firfl thefe Words. ' Here followeth the Form of the Oath, that is 8 ufed and accuftom'd to be taken by the Kings of Eng- * land, at their Coronation ; which the Archbifhop of ' Canterbury Hath ufed to require and receive from the ' faid Kings, as in the Books of the Pontifical of the ' Archbifhops and Bifhops, is more fully contain'd. 1 Which Oath, Richard II. after the Conqueft of ' England^ did take at his Coronation j and the fame ' was i 2 The Parliamentary Histort King Hemy IV. c was adminiftred by the Archbifhop of Canterbury* ' and the very fame Oath the King afterwards repeat- ' ed, as in the Rolls of the Chancery may more fully * be found of Record. « 'Thou Jbalt keep to the Church of God, and People \ en" € tire Peace and Concord in God, according to thy Power. c The King {Hall anfwer, 1 will keep them. * Thou/halt in all thy Judgments caufe to be done, equal 6 and right Jujlice, and Difcretion, in Mercy, and in * Truth, according to thy Power. He fhall anfwer, / * willfo do. * Thou do ft grant thejujl Laws and Cuftoms, as Jhall * beheld^ and doji prorr.ife the fame Jhall by thee be pro- * tefted, and for the Honour of God corroborated, quas * vulgus elegerit, which the People Jhall chufe, to the ut- * mojl of thy Power. He fhall anfwer, I do Jo grant * andpromife. c To the aforefaid Queftions, fuch others are added as * fhall bejuft, and all Things being fo pronounced, the ' King by his own Oath on the Altar, before all the * AiTembly, confirms and promifes, that he will keep * and obferve the fame. Then follow the Objections or Articles againft the King, touching his Depofition. IMprimis, It is objected againft King Richard, that whereas by Reafon of his ill Government, viz. His againft him. giving away the Goods and PofTeflions belonging to his Crown, and that to Perfons unworthy ; and his indis- creet fquandering the fame away otherwife, and to that End impofing, without Caufe, Collections and other grievous Burthens on his People, more than they were able to bear ; and alfo innumerable other Evils by his Aflent and Command perpetrated ; there were by the whole Parliament certain Prelates, and others, Tempo- . ral Lords, elected and afiigned, who might with all their Power, and at their own Charges, faithfully la- bour about the juft Government of the Realm : Yet the King caufing a Conventicle to be held by him, with his Accomplices, the faid Lords, as well Spiritual as Temporal, fo occupy'd about the Safety and Profit of the Kingdom, did propofe to impeach of High Trea- fon j O/ENGLAND. 13 fon ; and did violently draw the Judges of the King-j^ngn^ jy, dom, for fear of Death and Corporal Tortures, to fuch his wicked Purpofe, molt vigoroufly ftriving to deftroy the faid Lords (m). II. The laid King lately at Shrewsbury, caufed feve- ral, and the greater Part of the Judges, to come before him and his Favourites privately in a Chamber, and by- Menaces, and various Terrors, and fuch Affrightments as might fall even upon Men of conftam Refolutions, did induce, caufe, and compel them feverally to anfwer certain Qyeftions there propounded, on the Behalf of the King ; concerning the Laws of his Kingdom, befides, and againft their Will, and otherwife than they would have atifwered, haa they been 't Liberty and unforc'd. By Colour of which Aniwers, the faid Kingpurpofed to have proceeded afterwards to the Deftrudtion of Thomas Duke of Glcucejler, and the Earls of Arundel and War- wick, and other Lords, againft A-hofe Deeds and Beha- viour the laid King was much incenfed, chiefly became they defir'd the faiJ King to be under good Guidance ; bui Providence withftanding it, by the Refiftance and Power of [he faid Lords, the King was not able to bring fuch his Defign to Fffedt (n). III. When the* Lords Temporal defending them- felves,-had withftood his Malice and Fraud, and the faid King had prefix'd a Day for holding his Parliament, to do them and other Inhabitants of the Realm, Juftice in that Behalf, and the faid Temporal Lords, were quietly and peaceably gone home, and at reft in their Houfes, in Hope and Confidence of the faid Parliament, the King fecretly fent the Duke of Ireland with his Let- ters and Standard towards Chejler, and there gathered Multitudes in Arms, and caufed them to rife againft the faid Lords, the Nobles of the Kingdom, and Servants of the State, publickly erecting his Standard againft the Peace which he had fworn to keep. From whence Slaughters of Men, Captivities, Distentions, and other infinite Mifchiefs, did eniue throughout the whole Kingdom j by which Act he became guilty of Per- jurvf*). Although the faid King had in full Parliament, and (m) Vol. I, p.460. (n)Ibid, p, 483. (e) Ibid. ?, $%%, 1 4 The ^Parliamentary History King Henry IV. ana * (J7 tne AiTent thereof, pardoned the faid Duke of ' Glocejler, and Earls of Arundel, and Warwick, and all their Afliftants, and others, all Offences ; and had for many Years fhewn Signs of Peace and Love, to the faid Duke and Earls, and to the reft appeared with -a pleafant and benign Countenance. Yet the faid King always and continually bearing Gall in his Heart, did at laft, taking an Opportunity, caufe the faid Duke of Glocejler, the Uncle of him the faid King, and alfo the Son of Edward the late King of England, of happy Memory, and Conftable of England, then humbly go- ing to meet the faid King, in folemn Proceffion ; and the faid Earls of Arundel, and Warwick, to be taken and arretted ; and him the faid Duke out of the King- dom of England, to the Town of Calais, did caufe ro be led, and there imprifoned, and under the Cuftody of the Earl of Nottingham, one of the Appellors of the faid Duke, detained, and without Anfwer, or any lawful Procefs whatfoever, did inhumanly and cruelly caufe to be fuffocated, ftrangled, and murdered. And the Earl of Arundel, though he pleaded as well the Gene- ral Pardon, as a Pardon afterwards to him fpecially granted, and defired Juftice to be done him, yet in his Parliament, encompafled with armed Men, and innu- merable Archers of the People by him gathered to that Purpofe by Prefling, did damnably caufe to be behead- ed. And the Earl of Warwick, and Lord Cobham, did commit to perpetual Imprifonment ; wickedly and a- gainft Juftice, and the Laws of his Kingdom, and his exprefs Oath, confiscating their Lands and Tenements, ' as well Fee-fimple, as Fee- tail, from them and their Heirs, and giving the fame to their Appellors^). V. At the fame Time, that the King in his Parlia- ment caufed the Duke of Glocejler, and Earls of Arun- del and Warwick, to be adjudged, that he might more freely exercife his Cruelty upon them, and accomplifh » his injurious Will in other Matters, he gathered to himfelf a great Multitude of Malefactors of the County of Chejler ; of whom fome paifing with the King through the Kingdom, as well within the King's Pa- lace as without, did cruelly kill the Liege Subjects of the (t)VQii. p. 469, i& Of ENGLAND. i S the Kingdom, and fome they beat and wounded, and King Henry IV* did plunder the Goods of the People, and refufe to pay for their Victuals, and did ravilh and violate their Wives, and other Women ; and though there were grievous Complaints, of fuch their Exceffes, brought to the Hearing of the faid King, yet the laid King did not regard to caufe Juflice to be done, or any Remedy thereupon, but did favour the faid Troops in fuch their Evil- Doings, trailing in them and their Guard, againft all others of his Kingdom ; for which Caufe, the faithful People of his Kingdom had great Matter of Commotion and Indignation (g). VI. Although the faid King by his Writs, caufed Proclamation to be made throughout the whole King- dom, that he had caufed his Uncle the Duke of Glo- cefter, and the Earls of Arundel and Warwick, to be taken and arretted, not for any AfTeniblings or Troop- ings by them formerly mad^ within the Kingdom of England, but for very many Extortions, Oppreflions, and other Things by them afterwards done, and per- petrated, againft his Royalty, and Kingly Majefty ; And that it was not his Intention, that any of the Fa- mily of the faid Duke, and Earls, or of their Follow- ers at the Time of fuch Aflembling, and Trooping, fhould for that Occafion be molefte, or aggrieved ; yet the faid King, at laft, in his Parliament, did not impeach the laid Lords for Extortions, Oppreflions, or any fuch Matters, but for the Aflemblings and Troop- ings aforefaid did adjudge them to Death ; and very many of the Family of the faid Lords, and others, who were following them at the Time of fuch their AfTem- bling, and Trooping, he did, for Fear of Death, force to make Fine and Ranfom, as Traitors or Rebels, to the great Deftruclion of a great Number of his People. And fo he did fubtlely, fraudulently, and malicioufly deceive the faid Lords, and their Domettics, and the Peo- ple of his Kingdom (r). VII. After very many of thofe Perfons fo making Fine and Ranfom, had obtained of the King, his Let- ters Patent of full Pardon in the Premifes, they could •not reap any Commodity by fuch Letters of Pardon, N 'till ( ? ) Vol. I. p. 488. (r) Ibid. p. 466. 1 6 The Parliamentary Hi sTour King Henry IV. 'till they had made new Fines, and Ranfoms, forfav- ing of their Life, whereby very many were impo- verifh'd ; which was a great Derogation and Difhonour to the Name and State of a King. VIII. In the laft Parliament held at Shrew/bury, th e faid King purpofing to opprefs his People, fubtlely procured, and caufed it to be granted, that the Power of the Parliament, by the Confent of the States of this Kingdom) Jhould remain in certain Perfons, to determine, after the D'tJJblution of the Parliament , certain Petiti- ons in the faid Parliament exhibited, but then not dif patched. By Colour of which Grant, the Perfons fo deputed proceeded to other Things generally touching that Parliament. And this with the Will of the King; in Derogation of the State of Parliament, and the great Damage of the whole Kingdom, and pernicious Ex- ample. And that they might feem to have fome Co- lour and Authority, for fuch their Doings, the King caufed the Parliament Rolls, to be altered and blotted at his Pleafure, againft the Effect of the faid Grant (s). IX. Notwithstanding the faid King at his Coronation had fworn, That in all his Judgments, he would caufe . to be done equal and right Juftice, and Dijcretion, in Mercy and Truth, according to his Power j yet the faid Kingrigoroufly, without all Mercy, did, amongft other Things, ordain, under grievous Penalties, that none fhould fue for any Favour, or intercede with the faid King, for Henry Duke of Lancafler, being banimed, whereby the faid King did act againft the Bond of Cha- rity, rafhly violating his Oath aforefaid (t). X. Although the Crown of the Kingdom of Eng- land, and the Rights of the faid Crown, and the King- dom itfelf, have in all Time paft, been fo free, that our Lord the Pope, nor any other without the King- dom, ought to concern himfelf about the fame ; yet the aforeiaid King, for the Corroboration of fuch his erroneous Statutes, did make Supplication to our Lord the Pope, that he would confirm the Statutes ordain'd in his laft Parliament, whereupon our Lord the Pope granted his Apojlolick Letters., in which grievous Cenfures are denounced againft any that mould prefume in any Thing (%) Ibid, p. 49*. (t) Ibid, p, 495. Of E N G L A N D. ty Thing to act contrary to the faid Statutes ; all which King Henry iv. are well known to tend againfb the Crown, and Royal Dignity, and againft the Statutes and Liberties of the faid Kingdom (u). XL Although the Lord Henry, now Duke of Lan- cajler, by the King's Command had preferred his Bill touching the State and Honour of the King, againft the Duke of Norfolk, and the fame had duly profecuted ; fo that according to the King's Order, he had exhibit- ed himfelf in all Points prepared for the Combate. And the faid King had declared, that the faid Duke of Lantajler had honourably performed his Devoir as much as in him lay, and this by a Decree publickly pro- claimed before all the People aflembled at the faid Combate : Yet the faid King, without any legal Rea- fon whatfoever, did caufe and command the faid Duke to be banilh'd for ten Years, againft all Juftice, and the Laws and Cuftoms of this Kingdom, and the Law of War in that Behalf, thereby damnably incurring Perjury (x). XII. After the faid King had gracioufly granted by his Letters Patents, to the Lord Henry now Duke of Lancafter, that in his Abfence whilft he was banilh'd, his General Attornies might profecute for Livery to him to be made of all Manner of Inheritance or Suc- ceftions belonging unto him, and that his Homage fhould be refpited, paying a certain reafonable Fine j he injurioufly did revoke the faid Letters Patent, againft the Laws of the Land, thereby incurring the Crime of Perjury (y), XIII. Notwithftanding that it was Enacted, that every Year the Officers of the King, with his Juftices and others of the King's Council, mould choofe She- riffs for all the Counties of England, and name them to our Lord the King, according a3 to their Difcretion and Confcience fhould feem expedient, for the Good and Utility of the Kingdom, the faid King hath caufed Perfons to be made Sheriffs, not fo nominated or elected* but others according to the Capricio's of his Pleafure, fometimes his Favourites or Creatures, and fometimes fuch as he knew would not oppoie his Humour, for his Vol. II. B own 00 See before, Vol. I. p. 486, (*} Ibid, p. 494, (j} Hid, p., 497, 1 8 The Parliamentary History KbgHen»yJV. own and others private Advantage, to the great Grie- vance of his People, and againit the Laws of his King- dom, thereby notorioufly incurring Perjury, (z) XIV. At fuch Time as the aforefaid King refuelled, and had of very many Lords and others of his King* dom, divers Sums of Money by way of Loan, to be paid again at a cert in Term, notwithftanding the faid King faithfully promifed by his feveral Letters Patent to the feveral Perfons of whom he borrowed the faid Monies, that at the Term limited as aforefaid, he would repay the fame ; yet he did not fulfil fuch his Promife, nor are they yet fatisfied the faid Monies, whereby fuch Creditors are much agrieved, and not only they, but many others of the Kingdom repute the King un- faithful. XV. Whereas the King of England, by the Revenue of his K ; ngdom, and' the Patrimony belonging to his Crown, is able to live honeftly, without the Opprefli- on of his People, as long as the Kingdom is not bur- den'd with the Charge of Wars ; yet the faid King, in a Manner for his whole Time during the Truces be- tween the Kingdom of England and its Adverfaries, hath not only given away a great, yea indeed the great- efc Part of his faid Patrimony, and this to unworthy Perfons ; but alfo hath further impofed on his Subjects fo many Burthens of Monies granted, as it were every Year of his Reign, that thereby he hath extremely and too exceflively oppreffed his People, to the lmpoverifh- ment of his Kingdom ; not converting the Goods (o levied to the Commodity and Profit. of the Kingdom of England, but prodigally fquandering it away for the Orientation of his Name, and in Pomp and Vain-Glo- ry : Whilft great Sums of Money are owing in his Kingdom for the Victuals of his Houlhold, and other Things bought, though he hath abounded with Riches and Trealurcs more than any of his Progenitors. XVI. The faid King not willing to keep or protect the juft Laws and Cuitoms of his Kingdom, but ac- cording to h.'s Arbitrary Will to do whatfoever mould occur to his Defires; fometimes and very often, when the Laws of his Kingdom have been expounded and declared \ (*) Sec Vol, I, p, 4of. 0/ E N G L A N D. i 9 declared to him by the Judges and others of his Coun- King Henry IV • cil, and that they have defired that he would do Juilice according to thofe Laws, hath exprefly and with an angry and haughty Countenance, faid, *fbat bis Laws were in bis Mouth ; and fometimes, 'that they were in his Breaji : And, that He him/elf alone could make and change the Laws of his Kingdom : And being feduced with that Opinion, did not fuffer Juftice to be done to very many of his Liege People, but by Threats and Terrors hath forced very many to ceafe from the Pro- lecution of Common Juftice. XVII. That after certain Statutes had been made in Parliament, which always bind till they are fpecially revok'd by the Authority of another Parliament ; the faid King defiring to enjoy fuch Liberty that no fuch Statutes mould fo bind him, but that he might do and execute his Pleafure, fubtilly procured a Petition to be preferred in his Parliament on Behalf of the Common- alty of his Kingdom, and to be granted to him in gene- ral, That he might be as free as any of his Progenitors were before him : By Colour of which Petition and Conceffion the faid King hath very often commanded very many Things to be done againft fuch Statutes un- repealed ; acting therein exprefly and knowingly againlc his Oath taken in his Coronation, as aforefaid (a). XVIII. Although it was Enacted and Ordained, that no Sheriff mould hold his Office above one Year together, but that three Years mould pafs, before he mould be again admitted to that Office ; the faid King Richard fometimes for his own fingle Commodity, and fometimes at the Inftance of others for their Advan- tage, hath permitted and . caufed certain Sheriffs to Hand and remain continually in their Offices, fometimes two, fometimes three Years, againft the Tenor and Effect of the Statute aforefaid, thereby incurring Per- jury ; and this is notorious, publick, and generally ill fpoken of. XIX. Although by the Statute and Cuftom of his Realm in the calling together of every Parliament, his People in the feveral Counties of the Kingdom ought to be free in choofing and deputing two Knights to be B 2 prefent («) S«e Vol, I. p. 449. no The 'Parliamentary Histout Kuig Henry IV. prefent in fuch Parliament for each refpective County ; and to declare their Grievances, and to profecute fuch Remedies thereupon, as to them fhall feem expedient : Yet the aforefaid King, that in his Parliaments he might be able more freely to accomplifh the Effe&s of his Head-ftrong Will, did very often direct his Com- mands to his Sheriffs, that they fhould caufe to come to his Parliaments as Knights of the Shire, certain Per- fons by the faid King named (£), which Knights being his Favourites he might lead, as often he had done, fometimes by various Menaces and Terrors, and fome- times by Gifts, to confent to thofe Things as were pre- judicial to the Kingdom, and exceeding burdenfome to the People ; and efpecially to grant to the faid King a Subfidy on Wool for the Term of Ms Life> and ano- ther Subfidy for certain Years, thereby too grievoufly opVrefling his People (c). XX. The faid King, that he might more freely ful- fil and follow in every Thing his own Arbitrary Will, did unlawfully caufe and command, That the Sheriff* throughout his whole Realm, befides their ancient ac- cuftomed Oath, mould fwear that they would obey all his Commands, as often as they fhould be directed to them, under his Great and Privy Seal, and alfo his Letters under his Signet : And that in cafe the faid Sheriffs fhould come to know that any within their Bailiwicks, of whatfoever Condition they were, had publickly or fecretly faid or fpoken any 111, that might tend to the Difgrace or Scandal of his Royal Perfon, they fhould arreft and imprifon them, there fafely to be kept 'till they fhould receive Command from the King to the contrary, as may be found in the Record ; which Facl may probably tend to the Deftru&ion of many of the Liege People of the faid Kingdom. XXI. The laid King ftriving to trample under Foot his People, and fubtilly to acquire their Goods to him- felf, that he might abound in fuperfluous Riches, did caufe the People of Seventeen Counties of the Realm to fubmit themfejves to the King as Traitors, by Let- ters under their Seals ; by Colour whereof he got mighty Sums of- Money to" be granted him by the Clergy and People {i) See Vol.1, p. 406. (e) Hid. p. 486. 0/ ENGLAND. n People of thofe Counties, for obtaining his Royal Good- King Henry IV. Will and Favour : And though to pleafe the People, the King had caufed thofe obligatory Letters to be re- ftored, yet the Procurators of the People having full Power granted them to oblige themfelves and their Heirs to the kid King ; he the faid King caufed them under their Seals to be bound to him in the Name of the faid People, and fo deceived his People, and fubtil- ly extorted from them their Goods. * XXII. Although the faid King at his Coronation had fworn to keep the Liberties granted to the Church of England yet the faid King, by Reafon of his Voy- age into Ireland^ did by his Letters command very many Religious Pe fons, viz. Abbots and Priors of his K ngdom, ftriclly requiring that fome of them fhould fend to him certain Horfes ; and fome of them not only Horfes, but alfo Waggons and Carriages for his laid Voyage, or. in Lieu thereof great Sums of Money in the . faid Letters exprefled : By which Manner of Writing, he forced many of fuch Religious out of Fear to fulfil his Will and Command, whereby they were heavily impoverifh'd and opprefs'd, in manifeft Deroga- tion of Ecclefiaitical Liberty ; by which Pretext the faid King Richard did incur Perjury. XXIII. In moft of the great Royal Councils, when the Lords of the Realm, the Judges and others, being charg'd that they would faithfully counfel the King in Matters relating to his State and that of his Kingdom : The faid Lords, Juftices, and others, very often in gi- ving Counfel according to their beft Difcretion, have been by the King fuddenly and fo fiercely chidden and reproved, that they have not dared to fpeak the Truth, in giving their Advice for the State of the King and Kingdom (d). XXIV. The Treafure, Crowns, Reliques, and other Jewels, viz. The Goods of the Kingdom, which Time out of Mind have been repofited in the Trea- fury of the Kingdom, for the Honour of the King, and Prefervation of his Kingdom againfl any fudden Event or Exigency ; the faid King going out of his Kingdom into Ireland, did take away, and caufed the B 3 fame (d) Sec Vol. I. P. 406. 1 2 The 'Parliamentary History King Henry IV. fame to be carried with him, tviibout the Confent of , the States of the Kingdom : Whereby this Kingdom had been vaftly impoveriih'd, if God by the retaking of the faid Goods againft the faid King's Will had not otherwife provided. And furthermore the faid King did caufe the Rolls of Records touching the State and Government of his Kingdom to be deftroyed and rafed, to the great Prejudice of his People, and difinheriting of the Crown of the faid Kingdom : And all this, as 'tis probably believed, in Favour and Support of his Evil Governance. XXV. The faid King was wont, as it were perpe- tually, to be fo variable and: diffembling in his Words and Writings, and fo contrary to himfelf, and efpe- cially in writing to the Pope, and to Kings, and other Lords out of the Kingdom, and Within it, and alfo to others his Subjects, that no Man living that knew his Conditions could or would confide in him ; nay, he was reputed fo unfaithful and unconftant, that it be- came fcandalous not only to his own Perfon, but alfo to the whole Kingdom, and efpecially amongft Fo- reigners of all the World who came to know the fame. XXVI. Although the Lands and Tenements, the Goods and Chattels of every Freeman, by the Laws of the Realm ufed from all Time heretofore, ought not to be taken from him, unlefs they be forfeited : Yet the faid King purpofing and longing to weaken fuch Laws, in the Prefence of very many Lords, and others of the Commonalty of the Kingdom, hath frequently faid and affirm'd, That the Life of every one of his Suk- jeils, and his Lands, Tenements, Goods, and Chattels, are his± the faid King's, at his Will and Pleafure, with- out any Forfeiture : Which is utterly againft the Laws and Cuftoms of the Kingdom aforefaid. XXVII. Although it was enadled and ordained, and is hitherto confirmed, That no Freeman fhall be taken, nor any way deftroyed ; and that the King fhall not pafs, nor fend any to pafs upon him, but by the lawful Judgment of his Peers, or by the Laws of the Land : Yet by the Will, Command and Order of the i ■ Of E N G L A N D. a 3 the faid King, very many of his Liege People being K;„g Hewy IV, malicioufly accufed for having publickly or iecretly faid fomething rhar might tend to the Difpraife, Scan- dal, or Difgrace of the Perfon of the faid King, have been taken and impri f oned, and brought btioie the Conftable and Marfhal of England in the Court Mili- tary, in which Court the laid Liege People being ac- cufed would not be admitted to make any other An- fwer, than that they were no way guilty, and would juftify the fame, and defend themfelves by their Bodies, and not other wife ; notwithstanding their Appellors were young Men, flout and lufty, and thofe lb accufed, ancient and impotent, maim d or infirm ; whereby not only Dtftruction of the Lords and Grandees of the Kingdom, but alfo of -:11 and Angular Perlons of the Commonalty of the fame may probably enfue : Since therefore the laid/ King hath wilfully acted contrary to fuch a Statute of this K ngdom, 'tis not to be doubted bui he hath thereby incurred the Crime of Perjurv. OCX VI II: Although the People of the Realm of Eng- land, by Virtue of their Leigiance, are fully enough bound to their King ; and the faid King, by the Laws and Cuftoms of his Kingdom, is enabled to correct and punifh his People, if in any Kind they tran^refs ; yet the faid King defiring to trample on, and too much opprefs his People, that he might the more freely exe- cute and follow the Humour or hisfoolifh and unlawful Will, by his Letters to all the Counties of his King<- dom, did enjoin and command, That all his Subjects, as well Spiritual as Temporal, hVuld take certain Oaths in general, which were too vrevous to them, and which might probably caufe the final Deftrudtion of his People ; and that they mould confirm luch their Oaths under their Letters and Seals. To which Royal Com- mand, the People of his Kingdom did fubmit and pay Obedience, that they might not incur his Indignation or Difpleafure, and alfo for Fear of Death (d). XXIX. When Parties contending in the Ecclefiafti- cal Court in Caufes meerly Ecclefiaftical and Spiritual, had endeavoured to obtain from the Chancellor of Eng- land > Prohibitions to hinder the lawful Procefs in the faid (d) SscVcl.I' p. 4*6. a 4 The 'Parliamentary History King Henry iv. faid Courts, and the faid Chancellor had juftly refus'd to grant the fame : Yet the faid King by Letters under his Signet, has frequently prohibited the Ecclefiaftical Judges to proceed in fuch Caufes, thereby evilly infring- ing the Liberties of the Church in the Grand Charter approved, to the Confervation whereof he was fworn, and damnably incurring Perjury, and the Sentence of Excommunication againft fuch Violators thereof by the Holy Fathers pronounc'd. XXX. The faid King without any reafonable or lawful Caufe whatfoever, or any other Procefs of Law, did in his Parliament, encompafs'd in warlike Manner by armed Men, adjudge Thomas of Arundel, Lord Arch- bifhop of Canterbury, (Primate, of all England, his Spiri- tual Father, abfenting himfelf by the treacherous Coun- fel of the faid King) to Banifhment, againft the Laws of his Kingdom , fo by him fworn to as aforefaid (e). XXXI. By Infpeclion of the Teftament of the faid King ; fealed with the Great and Privy Seal, and alfo with his Signet, among other Things there is contained this Claufe or Article * Item, We will that the ' Refidue of our Gold, (the true Debts of our Houfhold, * Chamber, and Wardrobe, being paid, for Payment * whereof we bequeath twenty thoufand Marks, referv- * ing to our Executors, five or fix thoufand Marks ; * which we will by them to be expended towards the * more plentiful Maintenance of the Lepers, and Chap- * lains, to celebrate before them, by us founded at c Wejlminjler, and Bermondefeye,) fhall remain to our * Succefibr, provided always that he approve, ratify and 6 confirm, and hold, and caufe to be holden, and firm- 4 ly obferved, all and lingular, the Statutes, Ordinan- ■ ces, and Judgments, made, given, and rendered in * our Parliament, begun at Wejlminjler the 17th Day * of the Month of September, in the one and twentieth * Year of our Reign, and in the fame Parliament, con- * tinued at Shrewsbury, and there holden ; and alfo, all * the Ordinances, Judgments, and Eftablifhments, of * the 1 6th Day of September, in the 22d Year of our * Reign, at Coventry ; and afterwards at Wejlminjler, ' the 8th Day of March, in the Year aforefaid, by the • Authority if) See Vol. I. p. 465. Of E N G L A N D. i S Authority of the faid Parliament ; and likewife all j^g Henry lYt . other Ordinances, and Judgments, which fhall here- after happen to be made by Authority of the faid Par- liament. But otherwife, if our faid Succeflbr (hall refufe to perform the Premifles, (which we do not believe) then we will that Thomas Duke of Surrey, Edward Duke of Albemarle, John Duke of Ex- eter, and William le Strope Earl of Wiltjhire, pay- ing firft the Debts of our Houfliold, our Cham- ber, and our Wardrobe, and referving five or fix thoufand Marks, as aforefaid, fhall have and hold all the faid Refidue abovemention'd j for to fupport and defend the faid Statutes, Eftabliihments, Ordi- nances, and Judgments, to their utmoft Power, e- ven unto Death, if it be neceflary ; upon all which, and every Part, we do hereby charge and burden their Confciences as they will anfwer in the Day of Judg- ment.' By which Article it may evidently enough appear, that the faid King did obftinately ftrive to main- tain and defend thofe Statutes and Ordinances, which are erroneous and unjuft, and repugnant to all Law and Reafon. And this not only during his Life, but after his Death too ; neither regarding the Peril of his own Soul, nor yet the utter Deftrudtion of his faid Kingdom or Liege People. XXXII. In the i ith Year of the faid King Richard, he the faid King, in the Chappel of his Manor of Lang- ley, in the Prelenceof the Dukes of Lancafler and Tori, and very many other Lords, defiring, as it hath appear- ed, that his Uncle the Duke of Gloce/ler, then there prefent, mould fully confide in the good Will of him the faid King ; did voluntarily and of his own Accord, fwear before the venerable Sacrament of the Lord's Bo- dy, there placed upon the Altar, that thence forwards he would never endammage, trouble, or grieve him, the faid Duke of Gloce/ler, for any of his Deeds which were faid to have been committed againft the Perfon of him the faid King, but did cheerfully and totally forgive him all his Offence, if any were. Yet afterwards, notwithftanding fuch Oath, the faid King did horribly and cruelly caufe the faid Duke to be murder'd, for fuch the 2$. The Tarliamentary History Kin* Henry iv. the ^fore pretended Offences, thereby incurring the Guilt of damnable Perjury (/). XXXIII. After one of the Knights of the Shires, of the faid Kingdom, having a Voice in Parliament, had impeach'd the faid Thomas, Archbifhop of Canterbury, upon certain Defaults, committed againft the King's Majefty, as was untruly fuggefted ; and the faid Arch- bifhop, prefently then and there offered himfelf ready to anfwer the Matters charged upon him j and defired that he might be thereunto admitted by the King, not doubting, as he faid, but he mould be able fufficiently to (hew his Innocence : Yet the faid King, contriving by all the Ways and Means he could, to opprefs the faid Archbifhop of Canterbury, and ruin his Eftate, as the Event of the Matter, has declared, fpeaking graci- oufly, and with a- chearful Countenance to the faid Archbifhop, from his Royal Seat, did advife, and very earneftly requeft him, that at that Time, he would hold his Peace, and expect a better and more fit Time to make his Defence (g) ; which Day being pafl'ed, the faid King from Day to Day, for Five Days or more, did fraudulently and treacheroufly deceive the faid Archbifhop, counselling him, and perfuading him, that he fhould not come to the Parliament, but wait at home without any Fear ; becaufe, as the faid King faithfully did promife him, there mould not in his Ab- fence any Lois or Prejudice be done or happen to him. Notwithstanding all which, the faid King, in his Par- liament aforeiaid, did in the mean Time adjudge the faid' Archbifhop to be*banimed, during the King's Plea- fure, though abfent, and never any way called to an- fwer, and without any reafonable CaUfe whatfoever ; and alfo voluntarily, againft the Laws of the Kingdom and all Juftice, confifcated all his Goods, whereby he likewife became guilty of Perjury. But furthermore, the faid King being willing to paliate his Malice and Subtiky, by flattering Difcourfes which he oft-times had with the faid Archbifhop, did endeavour to clear himfelf of fuch Injury done, and make as if it were the Doings of others ; infomuch that the Archbifhop difccurfing.with the King, and with the Duke of Nor- (/) See Vol. I. P. 476, {g) Ibid, p. 466. Of ENGLAND. 27 folk) and other Lords, and great Men of the King- Kj n g H^y jy # dom ; happen'd to fay by way of lamenting his own* Condition, ' That he was not the firft that had fuffer- ' ed Banifhment, nor fhould he be the laft j for he ' thought in a fhort Time the Duke of Norfolk, and * other Lords would follow him* and confidently a- e verred to the Kins, That all the Rigour of thefe Pro- * ceedings would finally be returned back on his own * Head.' To which the faid King, as aftonifhed, ha- ftily replied, That he verily thought it might fo happen ; and that he him/elf might and indeed ought to be ex- pel! 'd his Kingdom by his Liegt People. And further the faid King faid, That if the fame- Jhould happen, He would convey himfelf to the fame Place, where the faid Archbijhop Jhould be. And that the Archbifhop might the rather credit his Words, he fhewed him a certain, great Jewel (g), curiouily formed, underneath the Skirt of his outward Veftment ; intimating for certain, to the faid Archbifhop, that whenever he mould fend that Jewel for a Token, he would not delay to come thither, where the faid Archbifhop fhould be refident : And that the faid Archbifhop might more confide in him ; the faid King fent to him, advifing him, that he fhould privately fend all his Jewels, and other Things of Value, belonging to his Chapel, unto him the faid King, for the fafe keeping thereof ; left by Colour of the before-mentioned Judgment, any one fhould wrong- fully feize the fame. Which, under the greateft Confi- dence in the World* being done, the faid King caufed him to repofite the faid Goods in certain Coffers ; and the faid Coffers to be locked up, and fealed by one of the Archbifhop's Clerks ; and keeping the faid Coffers by him, returned the Keys thereof by the faid Clerk to the Archbifhop : Yet afterwards, unknown to the faid Archbifhop, caufed the faid Coffers to be broken open, and difpofed of the Goods therein, at his Will and Plea- sure. Furthermore, the faid King faithfully promifed the faid A rehbifhep, that if he would but repair to the Port of Hampton, in, order to go out of the Realm, he would at laft, by the Interceflion of the Queen, get him recalled. And if it fhould happen, that he the faid (g) Monde, a Broecb, or 7abku s8 The ^Parliamentary H 1 sT o k y Kbg Henry vrfi^ Archbifhop fhould go out of the Realm, he fhould without fail return into England, before Eafter next following ; nor fhould in any kind Iofe his Archbifhop- rick : And this he faithfully promifed, fwearing upon the Crofs of the late Martyr St Thomas, Archbifhop of Canterbury , by h m the faid King corporally touched : All which Promifes notwithftanding, the faid King for- ced the faid Archbifhop to depart the Realm j and forthwith tranfmitted ipeci.il Letters to the Apoftolical See, to have him tranflated. And fo, and by other Frauds, and deceitful Tricks of the faid King, the faid Archbifhop, being a well-meaning believing Man, was fubtilly circumvented. ■ After the Recital of the foregoing Articles, the Record proceeds thus ; * And becaufe it feemed to all the Eftates of the *. Realm, being asfked their Judgments thereupon, as. * well feverally as jointly ; that thefe Caufes of Crimes * and Defaults were fufficient and notorious to depofe * the faid King; confidering alio his own Confeflion * of his Infufficiency, and other Things contained in ' his faid Renunciation and Ceflion, openly delivered; ' all the faid States did unanimoufly confent, that € ex abundanti, they fhould proceed unto a Depofi- * tion of the faid King ; for the greater Security and * Tranquility of the People, and Benefit of the King- ' dom. Whereupon the faid States and Commons * unanimoufly constituted, and publickly deputed ' certain Commiffioners, viz. The Bifhop of St « Afaph, the Abbot of Glajlonbury, the Earl of Glocefter, * the Lord Berkeley, Sir Thomas Erpyngham, and Sir ' Thomas Grey, Knights, and Sir William Ihirnyng, * one of the Juftices, to pafs fuch Sentence of Depofi- ' tion ; and to depofe the faid King Richard, from all * Kingly Dignity, Majefty, and Honour, on the Be- * half and m the Name, and by the Authority of ail * the faid States, as in like Cafes, from the antient Cu- * Horn of the faid Kingdom had been obferved {h). And * forthwith the laid Commiffioners taking, upon them- * felves the Burthen of the faid Commiflion, and lit— 'ting (b) See the Proceedings upon tht Deposition of King Edward the Second, in Vol. I. p. 182, &c. Of ENGLAND. ^ ting on a Tribunal before the faid Royal Chair of King Henry IV. State, having firft had fome Debate of the Matter, did on the Behalf and in the Name, and by the Au- thority aforefaid, pafs the faid Sentence of Depofiti- on, being reduced into Writing ; and caufed fuch their Sentence to be read and recited by the faid Bi- fhop of St Ajaph, their Colleague, by the Will and * Command of the rell of the faid Commiffioners : In thefe Words; I N the Name of God, Amen. We John, Bijhop The Sentence of ofStAhph, John Abbot of Glaftonbury, Thomas ^ e p n of £? n paffed Earl of Glocefter, Thomas Lord Berkeley, Thomas Richard. 8 de Erpyngham, and Thomas Grey, Knights, and Wil- liam Thirnyng Jujlice, Commiffioners fpecially deputed to the Matters under- written, by the Peers and Lords Spiritual and Temporal of the Kingdom of England, and the Commons of the faid Kingdom ; reprefenting all the Eflates of the jaid Realm , fitting in Tribunal ; and having confidered the multiplied Perjuries, Cruelty, and very many other Crimes of the faid Richard, touching his Government, committed and perpetrated in his King" doms and Dominions aforefaid, during the Time of his Governance ; all of them before the faid States, openly and publickly propounded,, exhibited, and recited ; zvhich have been and are fo publick, notorious, manifeft, and fan- ialous, that they could not nor can be concealed with De- nial or Excufe . And confidering likewife the Confejfon of the faid Richard, acknowledging and reputing , and truly, and of his own certain Knowledge judging, himfelf to have been and to be utterly inefficient and unmeet for the Rule and Government of the faid Kingdoms at.d Dominions, and their Appurtenances, and for fuch his notorious Demerits worthy to be depofed ; as by him the faid Richard, was before declared, and by his U ill and Command, pubiijhed before the fid States, and made known and expofed to them in the Vulgar Tongue (/); having already had diligent Deliberation upon theje Things and all othe> s, tran faded in ihis Affair before the faid States and us, We do, on the Behalf, and in the Name, and by the Authority to us in this Matter committed ', ex abun- danti, (i) See before,, p. 8. 30 The 'Parliamentary History KingHeniy iv k danti<7«i for Caution , pronounce , decree, and declare him tie [aid Richard, to have been, and to be unfit, un- able, and utterly infuffitient for, and unworthy of the ■Rule and Government of the Jaid Kingdoms, and the Do- minion, and Rights, and Appurtenances of the fame; and for and by Reafon of the Premises, to be defervedly De- pofed of, and from all Royal Dignity and Honour, if any Thing offuch Dignity and Honour were yet remaining in him. And with the fame Caution we Jo Depofe him by this our definitive Sentence in Writing, exprejly for- bidding all and fingular the Lords, . Archbifhpps, Bi- Ihops, and Prelates, Dukes, MarquelTes, Earis, Ba- rons, Knights, Vaflals, and Valvaibrs, and other Sub- jects, and Liege People of the faid Kingdoms and Domi- nion, and other Places to the Jaid Kingdoms and Domi- nion belonging, that henceforth none of them fljall any way obey or regard the jaid Richard, as King or Lord of the faid Kingdom and Dominion, c Furthermore, the faid States willing that nothing c {hould be wanting which might be of value, or ought * to be required touching the Premifles, being feverally ' interrogated thereupon, did conilitute the fame Per- c . fons that were before nominated Commiffion^rs, to ' be their Procurators, jointly and feverally to refign 1 and give back to the faid King Richard, the Homage * and Fealty to him before made, and to intimate to 4 him, if it mould be requifite, all the Premifles, touch- * ing fuch his Depofition and Renunciation. * And then prefently, as foon as it appeared by the ' Premiflls, and the Occafion of them, that the * Crown of England, with its Appurtenances was va- 1 cant ; the aforefaid Henry Duke of Lancafler, rifing * up from his Place, and ftanding fo erected as he might * conveniently be feen by the People, and humbly for- 4 tifying him (elf with the Sign of the Crofs on his * Forehead, and on his Breaft, having alfo firft called * upon the Name of Chrifl, did claim the faid Kingdom, * fo vacant as aforefaid, with its Crown and all its ' Members and Appurtenances; in this Form of Words ! in his Mother Tongue. Of E N G L A N D. 3 i IiR tfje ^ame of ^fatier, £on, ana iEoip$cff, 31 Kin S Henry iv. Henry of Lancafter, cljalenge tljiB Keitme Of Yng- londe. ano the Croim totth. all the g$ember#, ana tf)e 2lppurtenanrc#, al# 31 tfjat am Dcfcehoit, be Bight ilme of tfje EMoDe, coming fro rfje guoe &o£o tag Henry Therde, attD tijO^SU^ ftjat 3Ktght that (250D Of ljjj8? dE^ace hath ferit mee, totth l^elpp of mp &jm, ano of Henry's claim mp ;ffrenDr# to recooer it ; & he toliicl) Betome toatf to theCrown. in povnt to be omone for Befaut of <25obernance, ano tmuopng of tlje (Puoe jdatoeje; * After which Claim and Challenge, as well the e Lords Spiritual as Temporal, and all the States there * prelent, being feverally and jointly interrogated, ' what they thought of that Claim ; the faid States * with the whole People, without any Difficulty or De- e lay did unanimoufly confent, that the faid Duke ' mould reign over them. And forthwith, as the faid * King (hewed to the States of the Kingdom the Sig- * net of Kir.g Richard, delivered to him as a Token of ' his Will, that he fhould fucceed him as aforefaid (k) ; ' the faid Archbifhop taking the faid King Henry by ' the right Hand, led him to the Royal Chair of State : ' And after the faid King kneeling down before it, had ' prayed a little while, the faid Archbifhop of Canter- ' bury, affifted by the Archbifhop of Kork, did place the * faid King, and caufe him to fit in the faid Royal « Seat ; all the People wonderfully (homing for Joy. 6 And by and by the faid Archbifhop of Canterbury, * having with much ado procured Silence from the ■ over joy'd Multitude, made a fhort Difcourfe, or O- * ration in thele Words.' Vir dominabitur Populo, A Man Jball reign ever my People, i Sam. ix. 17. Thefe are the Wordi of the King of Kings, fpeaking to The Archbifhop Samuel, and teaching him how a Perfon fhould be qual of Canterbury's fed to rule, ftnee the People de fired to have a King gi- o P c e c e ^ pon Uut ven. And not unfitly may they be faid of our Lord the King, whom we lehold this Day', and if we but . n ti- mately confider theje Words, they afford us Matter f great Confola- (*) See before, p. io# . 3 1 The Tarliamentary History Kine H« IV ^ on f°^' im » f or God does not threaten us, as he did fir- nry ' merly his People by Ifaiah, faying, Ifa. iii. I will make Children to rule over them. But according to his Com- panion, who in bis Wrath remembreth Mercy, he hath vijited his People, and now Children no more* as hereto- fore^ jhall lord it over them ; for the Lord faith to them, A Man shall rule. Of the late Rulers tf this King- dom or any of them, one might have fitly faid that of the Apoflle, Cor. xiii. I fpake as a Child, I underftood as a Child, I thought as a Child. The Apojlle repeats it thrice, As a Child I fpake, I underftood and thought. As to Speech, 'tis certain that a Child is unconftant in fpeaking, he eafily fpeaks true, and as eafilyfalfe, is ready in Words to promije, but what he promijes he presently for- gets. Now thefe are Things very inconvenient and dan- gerous in a King-, nor is it pofftble that any Realm Jhall Jland long in Happinefs where thefe Conditions bear Sway. But from fuch Mifchiefs a Kingdom is freed, whofe Scepter is Jwayed by a Man, for it belongs to a Man to Jet a watch before his Tongue ; and fuch is our pre- fent Happinejs, over whom not a Child, but a Man isfet, and fuch an one, as I hope we may fay of him, That in Ecclef. ix. Blefled is the Man that hath not erred with • his Tongue. Then faith the Apojlle, I underftood as a Child : Now a Child relijhes nothing but Flatteries and pleafing Things, and underjlands only Bawbles and Tri- fles, and loves not one that argues according to Truth, yea indeed hates him beyond all Meafure. But heretofore a- mongjl us Truth was trampled under foot, fo that none durjt Jpeak it ; and therefore 'tis plain and apparent enough, that He, that then reigti 'd underftood as a Child. For a Man is not addieled to fuch Things, but under/iands Wijdom, fo that by the Grace of God it may be faid of him, as it is written Ecclef. ix. Blefled is the Man that a- bideth in Wifdom. For as a Child is delighted in Vanity, fo a Man has Regard to Truth and Wifdom. Truth therefore Jhall enter and Vanity depart, which has done fo much Mifchief in our Nation ; for now a Man Jhall rule, who Jeeks after Truth, and not Vanity or Flattery. Thirdly, it is (aid, I thought as a Child, for a Chili thinks and ftudies only how to have his Humour, and do Things O/ENGLAND. 33 ' Things according to his own Will, and not according to King Henry IV» Reafon : Therefore when a Child reigns, there only Self- Will reigns, and Reafon is banijh'd, and Conftancy it put to flighty and great Danger enfues ; from which Danger we are delivered, for a Man fhall rule over us ; to wit, one that fpeaks not like a Child ; but thus as one that has the Perfection of Reafon. — I come not to do my own Will, but the Will of him that fent me ; to wit, of God : And therefore of fuch a Man we will fay not only that he will abide in Wifdom, but alfo that as a Man, not a Child, he will meditate on the Circumfpeclion of God ; that is, he will every way diligently obferve that God's Will, not his own, be done ; and fo in the Jlead of a Child wantoning in foolijh flubborn Humours, a Man Jhall reign , and Jitch a Man that it Jhall be fa id of him—* A King mail reign in Wifdom, and he {hall execute Judgment, and do Juftice in the Earth. ' Which Harangue being ended, the faid Lord King ' Henry, to appeafe the Minds of his Subjects, did then ' and there utter thefe Words : &it#, 31 thanfe <25oD anD 30toe £pirituel anD arem^Henry'sDeciara. pojel, ano alt the £>tate# of the &onD, anD do 30*0? to don of Thanks. tarpte, it e# nogtjt m? WLill that no 3$an thpnke tfjat be toap of Conqueff 3 toolo Difherit anp Span of i)i# heritage, f ranches, 0? other Kpgtjt* that Ijpm ogfjt to haue, no put Ijpm out of that that he 1)30, anD ha# haD bp the guoe &atoje" anD Cuffonuf of the 3&etome : Crcept thofe iderfontf that has been agan the guoa 4&urpofe anD tlje commune 3&?ofit of the iUetome* ■ And forthwith confidering, that by the "former * Vacancy of the Royal Throne, by the Ceffion and De- * pofition aforefaid, all Power of Juftices, Sheriffs, and ' other Officers, throughout the Kingdom was ceafed ; ' therefore, to the end that there might be no Failure ' nor Delay in the Adminiftration of Juftice, to the ' Grievance of the People, he caufed principal Officers ' and Juftices to be made and fworn to him with the * ufual Oaths. And it was immediately proclaimed by ' the King's Command, that on Monday next, after the Vol. II. C *foid Kinj Hewy IV, 34 The 'Parliamentary HistoPxY faid Feaft of St. Michael, a Parliament mould be held, and celebrated. And that on the Monday follow- ing, that is to fay on the Feaft of St. Edward^ mould be the Coronation of the faid King at Wejl- minjler, and that all thofe that could claim any Ser- vice in the faid Coronation mould come to the White-Hall of the Palace, before the Steward, Con- ftable, and Marfhal of England, on Saturday next, before the Day of the faid Parliament, to make their juft Demands in that behalf, and receive Right there- in. But as for the fhortning the Day affigned to the Parliament, there was a Protejlation made by the King, That it was not his Intent that thereby any Prejudice mould be brought upon the States of his Kingdom ; nor that the fame for the future mould be drawn into Example j But that fuch Abbreviation of Time was only made for the Benefit and Profit of the Kingdom, and efpecially to fave the Labour and Expences of feveral of his People, and that the Grievances of the People might be the fooner re- medied. * After which the King arifing from his Royal Throne, and beholding the People with a cheerful and benign Countenance, retired himfelf from thence, all the People rejoicing. And the fame Day in the White- Hail aforefaid, made a folemn Feaft to the Nobles and Gentry, there in a vaft Multitude afiembled. ' And afterwards, viz. on Wednejday next following, the before-named Procurators fo deputed as aforefaid, did, according as they were commanded, repair into the Prefence of the faid late King Richard, being within the Tower aforeiaid ; and the faid Sir William Thirnyng the Juftice, for himfelf and his Companions and Fellow-Procurators, in the Name of all the States and People aforefaid, did notify and fully declare unto the faid Richard, their Admijjion of his faid Renuncia- tion, and the Manner, Caufe and Form of fuch Sen- tence of Depofition, and prefently did refign and give back to the faid late King Richard, the Homage and Fealty formerly to him made as aforefaid. With thefe Words : The Of E N G L A N D. 35 The Words which William Thirnyng [pake to Monfire King Henry IV* Richard late King of England, at the Tower of 'Lon- don in his Chamber^ on Wednefday next after the Feajl of St. Michael the Archangel^ were as follow (/) : Sire, 31t i# toete knoto to 30to, tljat tljer toa# a $ar# s;r wimam lement fomcn'D of an tlje &tattg of tlje 3Keaume Th5rnyng ' S Ac , fo^ to be at Weftmyftre, anD to begin on tlje Tuefday in count of the tlje SJSom of tlje ffiG. of &u Michel tlje aircljangci, convention be- tljat toa0 3efferDap ; bpcaufe of tlje toljiclj Summon* ^* n h g .™- all tlje #tate* of tDiflf &onD toere ttjere gaDpr'O, tye^™™ toljiclj £>tate# Ijole maDe tljes fame ^erfones tljat btn comen Ijere to 30toe ncto, Ijer ^ocuratojtf, ana gafoen tjem fuH aiuto^ite anD ^otoer, anD cljargeD tjem fo? to fap tlje QUojDjO" tljat toe fljaH fap to 30&1 in Ijer iftame, anoon tljeir beljaloej tljat i.sf to tojj>tten, tlje Biftjop of ir Thomas Irpyngham Ctjamberleyn, fo? all tlje Bacljiler* anD Commons of tlji# &ono be ^outlj ; $>ir Thomas Grey foj all tlje J&acljiler* anD Commons Dp iRo^ttj, anD mp fetatoe Johan Markfaam anD me (op i to come toitfj fjem fo? an tlje* £>tate0* 2inD fo, Sire, x tljefe flflo?O0, anD tlje Doing tljat toe fall fap to 30toe, iss not onlpclj our flfto^Dea but tlje Bojmg* of an tfje £tate# of tljia &onD, anD our Cljarge in Ijer iRame* aiuD fje anftoereD anD faiD, 2Tbat Ije topffe toele tljat toe toolo nogljt faj> but a# toe toere crjargeD* Sire, 3erememb ( ie 30toc toete tljat on Moneday in Ijetfeff of g>eint Michel tlje Slrcfjaungel, rpgijtljere in ttyig Cijamber, anD in tofjat defence 3e 3&enounceD anD CeffeD of tlje £>tate of &pnge anD of SLo^Dedjip, ano of an tlje ^©ijjnite anD $lprfl;ip tbat longea tfjereto, anD affoileD aU 30ur *uige# of Ijer fljgeance - anD ^Dbetfance tljat longeD to 30toe uppe tlje fourme tljat 10 conuneD in tlje fame Renunciation anD Cef» Son, toljiclj 3e reDDe 30ur felf bp sour SBoutlj, ano af* fermeD it bj> 30ur £Dtlje, anD bp 30ur otone Silriting^ fllpen tot) i 3c maoe anD o^eincD vour ^^ocura^ tOUt0 tty ummon0 aforefaiD, tl)e tolucl) tlju* Don pefferDap bptljes&oro^our^rocuratCMrtf.anD toele fjeroe ano tmoerffouoen, tfjetf Renunciation ano CeiEcn i»ere plmelrclj ano frelicl) accepteo, ano fuU iicrj agreeo bp all tfje &fate0 ano people fcgefaiD* 2no otc r ti)ijer, Sire, at tlje 3!nSance of all tljes states? ano people, tljere toare certain airticlejs of ©efautetf in 30m* d5obernance reooe lijere, ano tljo toele rjero ano pleinelicl) imoerffouoen to all tlje jbutes forefaiD, fjem tfjogtjt Ijem fo tretoe, ano fo noto?ie ano fcnotoen, %lp.t by tijo Caufeg, ano bp no otrjcr, ajer tfjei fapo, ano ijaupng Confioe ration to 30ur oton Sllo^oeor in 30m* ohm denunciation ano Ccifson, tljat 5e toere nottoortljp, no Efficient ne able fo? to gobe?nf, fo? 30ur otone Bemeritetf, ig it ig more pleineliclj con* teneo therein 5 Ijem tijogljt tljat toa£ refonable ano caufe fo? to oepofe ^otoe, ano rjer Commiffarie^ tljat tljep maoe ano o?oein , o > eg it ig of 2Kecoro, tljcr oe* clareo ano oecreeo ano aO/uogeD 30U) fo? t j be DepofeO, ano prpoeo 30toe of tlje Mate of &ing, ano of tlje 3Loroeflnp conteineo in ttje Renunciation ano Ceffton fo?fapo, ano of an tlje lignite ano tftprlhipp, ano of all tlje 3lominiuration tljat longeo thereto* 3lno toe 4&?ocurato?# to all tlje* states ano people fozfapo og toe be cljargeo ip ljem, ano bp Ijer 3luto?te gpffen ug, ano in Ijer iRame 3eloe 30to uppe fo? all tlje £tate# ano people fo?fapO, l£omage,^eige, ano 5feauce, ano aH&eigtance, ano all otljer 2$onoe,e, Cljarge#, ano £eruice# tljat long thereto, ano ti)at wn of all tlje# states ano people, fro tljp# tpme fo?toaro ne bere 30toe jfeytl), ne Do 30toe SDoeifahce 00 to trjar &ing* . 31no Ije anftoereo ano fepo, tl)at Ije lokeo not ttjet after, butijefepoe, tljat after all tljitf Ije fjopeo tljat ig (i'ofpn tooloe be guoe &o?o to Ijpim So far the Record. Sir John Hayward tells us, That when the Com- mittee, appointed to receive Richard's Refignation, af- lembled at the Tower for that Purpofe the Day before this Parliament was to begin, the unhappy Monarch was brought forth, apparell'd in his Royal Robe, the Diadem on his Head, and the Scepter in his Hand j and was plac'd amongft them in a Chair of State. He adds; that Of E N G L A N D. 37 that after a little Paufe and Expe£lation, the King arofe King Henry iv< from his Seat, and ipake to the Aflembly thefe Words, or the very like in Effedt, (m) : IAffure my/elf, that fame at this prefent, and many here- Richard's Speech after ; will account my Cafe lamentable ; either that to the Commit- 1 have deferved this Dejeclion, if it be juft ; or if it ^ te \ a j^ h " s te R to wrongful^ that I could not avoid it. Indeed I do confefs, Agnation. that many Times I havejhew'd my f elf both lefs provident, and lefs painful for the Benefit of the Commonwealth, than Ifjould, or might, or intended to do hereafter ; and have in many Aclions more refpecled the fatisfying of my own particular Humour \ than either Juftice to fame pri- vate Perfons, or the common Good of all ; yet I did not at , any Time either omit Duty or commit Grievance, upon natural Dulnefs, or fet Malice ; but partly by Abufe of corrupt Councilors, partly by Error of my youthful Judg- ment. And now the Remembrance of thefe Over fights, is Jo unpleafant to no Man as to my/elf -, and the rather be- caufe I have no Means left, either to recompence the Inju- ries which 1 have done, or to te/lify to the World my refor- med Ajfeclions, which Experience and Stayednefs of 1 ears had already corrected, and would daily have framed to more . Perfeclion. But whether all the Imputations wherewith lam charged be true, either in Sub fiance, or in fu'ch Qua- lity as they are la ; d, or whether being true, they be Jo hei- tious, as to enforce thefe Extremities ; or whether any other Prince, especially in the Heat of Youth, and in the . Space of two and tiventy Tears, the Time of my un/ortu- ■ nate Reign, doth not fometimes, either for Advantage, or upon Dijpleajiire, in as deep Manner grieve fome particu- lar Sub} eel, I will not now examine : It helpeth not to ufe Defence, neither booteth it to make Complaint ; there is no Place left for the one nor Pity for the other : And { therefore I refer it to the Judgment of God, and your lefs diflempefd Confiderations. I accufe no Man, I blame no Fortune, I complain of nothing ; I have no Plea fur e infuch vain and needlej's Com- forts, and if I lifted to have 'flood upon Terms, I know I have great Favourers Abroad ; and fome Friends, I hope, at Home, who would have been ready, yea forward on my Behalf, to fet up a bloody and doubtful IV ar : But Icfleem C 3 not (w) Life of King Wary IV. P. 86. 38 The 'Parliamentary History KlngHenrylv. not my Dignity at [0 high a Price », as the Hazard of fa great Valour ; the Spilling of fo much Englijh Blood, and the Spoil and Waft e of fo fiourijhing a Realm, as thereby might have been occafionea. Therefore that the Common- wealth may rather rife by my Fall, than If and by the Ru- in thereof, I willingly yield to your Defires ; and am here come to dijpofjefs myfelf of all publick Authority and Title, and to male it free and lawful for you to create for your King, Henry Duke of Lancauer, my Coufin German, whom I know to be as worthy to take that Place, as I fee you willing to give it to him. King Henry crovra'd. Sir John Dare- wood chofen Speaker on the Sicknefs of Sir John Cheney. A Subfidy granted. Aft of Indem- nity for King Henry's Adhe- rents. There was no farther Bufinefs done the firft Day, but the reading of the above Record, before the Parliament ; and the Monday following, being the Feaft of St Edward, King and Confeflbr, was ap- pointed for Henry's Coronation, which was performed, at Weftminfler, with the ufual Ceremonies. The next Day the Parliament met again, when the Commons prefented to the King Sir John Cheney, for their Speaker, whom the King accepted, and he made the ufual Proteftation, which was alfo, allowed. But the Day following the faid Sir John, with the Com- mons, came again before the King, and declared, that by realon of a fudden Diforder he was unable to ferve, and that they had chofe Sir John Darewood in his Place ; befeeching the King to allow the faid Sir John Darewood to be Speaker for the Commons. Which faid Knight, having made the ufual Proteftation, was allowed as before. Then the Commons, with the Aflent of the Bilhops and Lords, and in order to provide for the Wars againlt Scotland, Defence of Calais and Ireland, and the Amend- ment of the State ; alfo, in Hopes that their Requefts fhould be granted, gave to the King for three Years the Subfidy on Wools, Skins, and Wool- fells ; that is Fif- ty Shillings on every Sack from Denizens, and four Pounds from Aliens ; alfo one Tenth and one Fif- teenth. The next Thing this Parliament went upon was to pafs an Aft of Indemnity to fcreen thofe who, during the late Troubles, had taken up Arms in Favour of the King, Of ENGLAND. 39 King, then Duke of Lancajler ; likewife to pafs an King Henry IV. Adl for the repealing the whole Proceedings of the Par- liament at Shrew/bury ', 21. Richard II. and to confirm that Parliament which was held the i ith of the faid King, except the Effect of the Pardon granted by the faid Statute, of the 21 ft of Richard II. which they ordained fhould ftand, notwithftanding the reft of it was repealed (m). Alfo it was ena&ed, That nothing, for the future, fhould be efteemed or adjudged to be Treafon, but what was ordained to be fo by the 25th of Edward III. and that all Blank Charters, whatfo- foever, which the City of London, and Seventeen Counties befides, had been forced tojeal and give to King Richard, mould be utterly void. The Archbifhop of Canterbury moved the Houfe for their Confent to addrefs the King, that he would pleafe to create Henry, his eldeft Son, Prince of Wales, Duke of Cornwall and Earl of Chejler. Upon which the King, fitting in his Royal Seat, in full Parliament, put a Coronet on the Head of the faid Henry, his eld- eft Son, a Ring of Gold on his Finger, and gave him a Golden Rod in his Hand, and killed him ; alfo, by a Charter then given him, he was created Prince of Wales («), &c. His Uncle, the Duke of Tori, put the Robes on the young Prince, and afterwards brought him to the Seat affigned, for that Principality, in Par- liament. It was, alfo, then ena&ed by all the Eftates, that the faid Prince mould fucceed his Father in the Realm of England; and they all promifed to accept and obey him accordingly (0). The next' Day, being Thurfday, the Archbifhop of Canterbury moved, in the Upper Houfe, that the Lords fhould in no wife difclofe any Thing that fhould then be put to them j v.hich being promifed by all, the Earl of Northumberland put this important Queftion to the Houfe, What they would advife was Jit to be done > . with I («) Statutes at Large, Anno i. &f 2. Hen. IV. Walfingbam, p. 361. {n) This Charter is extant in Jtjpmr't Feed. Anglia, Tom. VIII. p. 91. It is only tor the Dutchy of Cornwall, wherein all the Lands, Heredi- taments, QF«< belonging to it, are exprcfied. The next Inftrument is for the Principality of Wala. (9) The Prince vvas juft then twelve Years old, Ho Hi ng /head's Clrtm, P. 511. 40 The Parliamentary History King H«»ry IV. with Richard the late King, in order to his Keeping in Jafe Cujlody ; for the King would have his Life fav'd ? To which all the Lords, whofe Names are here under- K$ii a oV the written, being feverally examined, anfwered, 'That ' it feemed advifeable to them, that he mould be put under a fafe and fecret Guard, and in fuch a Place where no Concourfe of People might refort to him ; and that he be guarded by trufty and fufficient Per- fons, and that no Perfon who had been familiar with him, fhould be about his Perfon, and that it mould be done in the moft fecret Manner, that can be devifed.' late King's Per fon. The Peers pre- fent at that Que ilion. The Names of the Lords, who being ajked, Ajfented ta the ^uejlion,are thefe following (/>) i The Archbifhop of Can- The Prince. terbury. Archbifhop of York. Bifhop of London. Bifhop of Ely. Bifhop of Lincoln. . Bifhop of Norwich. Bifhop of Rochejler. Bifhop of Salifbury. Bifhop of Exeter. Bifhop of Chichefler. Bifhop of St Afaph. Bifhop of Chejler. Bifhop of St David's. Bifhop of Landaff. Bifhop of Durham. Abbot of Weflminjler. Abbot of St Albans. Abbot of St Aujlin. Abbot of Bury. Abbot of St Mary's, York. Abbot of Glocejler. Abbot of Battel. Duke of Ycrk. Earl of Arundel. Earl of Warwick. Earl of Stafford. Earl of Northumberland. Earl of Suffolk. Earl of Worcefler. Lord Rofs. Lord Grey of Ruthin. Lord Charleton. Lord Bardolfe. Lord Willoughby. Lord Farnival. Lord Ferrers. Lord Beaumont. Lord Berkeley. Lord Fitz-Walters. Lord Mauley. Lord Scales. Lord Morley. Lord Burnel. Lord Lovel. Lord ( p ) Sir Robert C»tton only mentions, that the Names of fuch Bifhops, Lords, and Knights, as aflented to the Imprifonment of King Richard,, next follow on the Record ; but we have fupplied that Defect fiom a Manufcript. The Reader may obferve, upon comparing this with the foregoing Lift, that moft of the Lords who compos'd the laft Miniftry, vere abfent on this Occafion. See before, p. 4. . Of E N G L A N D. 41 Lord Camois. Lord de Bergavenney. King Henry IV. Lord Seymor. Lord Lumley. Lord Cromwel. Baron of Greyflock. Lord Cobhatn. Baron of Hilton. Sir i#/zry Piercy. Sir 'Thomas Erpingham, Sir Robert Scrope. Chamberlain. Lord Fitz-Hitgh. Sir Matthew Gowin. It is obfervable, that the Bifhop of Carlijle is not in this Lift, and, indeed there is great Reafon for it ; he being the only Man, either in the Prelacy or Laity, that had the Courage to oppofe this Ufurpation at that Time. Sir John Hayivard (q) has given us a Speech made by this Bifhop, on the Occafion, when the laft . Queftion was put in the Houfe of Lords. We fhall not conteft the Genuinenefs of it ; fo much is certain, that this honeft Man fuffered greatly for his Loyalty to the depofed Prince j being deprived of his Dignity, put under a long Imprifonment, and, had it not been for his Order which was then held too facred, mull have died the Death of a Traitor. If it be objected, that it was now too late to make Speeches, when the new King was actually crown'd, the aforefaid Author has in fome Meafure accounted for that, in remarking, * That this Prelate was a Man both learned and wife, * and always ufed both Liberty and Conftancy in a ' good Caufe ; that in his fecret Judgment he never * gave Allowance to thefe Proceedings, yet he difiem- ' bled his Diflike until he might, to fome Purpofe, * declare it ; therefore, now, adds he, being in a Place ' to be heard of all, and, by Order of the Houfe to be * interrupted by none, he rofe up with a bold and refo- ' lute Spirit, and uttered his Mind as followeth (r). THIS (q) Life of King Henry IV. Land. ,1630. P. IOI. (r ) The Name of this Bifhop of Carlijle was Thomas Merh, alias, of Newmarket, alias Sumejlre. He had been confecrated An. 1397, was deprived in 1399, but lived feveral Years after. Lb Neve's Fajii Ecchfix Anglicanae, P. 334. Walfwgham fays, He was made by the Pope Titular Bi/hop of Samos. Sir Walter Raleigb writes, that he was the only honeft Man in this Par- liament, who fcorned his Life and Fortune, in Refpe£t to his Sovereign's Right and his own Allegiance, Prerogative of Parliaments, P. 85. This Bi/hop attended Richard in his Expedition to Ireland. See Vol. I. p. 50P. Btpin 4 £ The Parliamentary History King Henry IV BilhopofCar- lifle's Speech a- gainft itr THIS Queftion, Right honourable Lords, concern- eth a Matter of great Confequence*and Weight; the Determining whereof will afluredly procure, ei- ther fafe Quiet, or dangerous Difturbance, both to our particular Confciences, and alfo to the common State. Therefore, before you refolve upon it, I pray you call to your Confederation thefe two Things ; firft, whether King Richard be fufficiently depofed or no ; fecondly, whether King Henry be with good Judgment or Juftice chofen in his Place. For the firft Point we are firft to examine, whether a King, be- ing lawfully and fully inftituted byanyjuft Title, may upon Imputation either of Negligence, or of Tyranny, be depofed by his Subjects : Secondly, what King Richard hath omitted in the one, or com- mitted in the other, for which he mould deferve fo heavy Judgment. I will not fpe2k what may be done in a Popular State, or in a Confular ; in which although one beareth the Name and Honour of a Prince, yet he hath not fupreme Power of Majefty ; but in the one, the People have the higheft Empire ; in the other* the Nobility and chief Men of Eftate 5 in neither, the Prince. Of the firft Sort was the Commonwealth of the Lacedemonians, who after the Form of Government which Lycurgus framed, often- times fined, oftentimes fetter'd their Kings, and fometimes condemned them to Death ; fuch were alfo in Ccefar's Time, the petty Kings of every City in France, who were many Times arraigned upon Life and Death, and, as Jmbiorix, Prince of the Leodienfes, confefs'd, had no greater Power over the People, than the People had over them. Of the ie- cond Condition were the Roman Emperors at the firft ; of whom fome, namely, Nero and Maximianus were openly condemn'd ; others were fuddenly fur- priz'd by Judgment, and Authority of ' the Senate ; and fuch are now the Emperors of Germany, whom the Rapin, upon introducing an Abftraft of this Speech, fays, that the Com- mons, not fatkfied with the bare Depofing of King Richard, would have had him tried, in Form, and petitioned the King for that Purpofe. His Marginal Note on this refers to Cotton's Abridgment for his Authority j whereas there is not one Word of this Petition mentioned in the Abrid- pr's Account of this Parliament. Rapin Ftl, Edit. p. 4.86. 0/ ENGLAND. 43 1 the other Princes, by their Ariftocratical Power, do K i ng He rr> ' not only reftrain, but fometimes alfo remove from * their Imperial State ; fuch are alfo the Kings of Den- * mark and Swedeland, who are many Times by the * Nobility dejected, either into Prifon, or into Exile 5 fuch likewife are the Dukes of Venice, and of fome other Free States in Italy ; and the chiefeft Caufe for which Lewis Earl of Flanders was lately expelPd from his Place, was for drawing to himfelf Cognizance in Matters of Life and Death, which high Power never pertained to his Dignity. * In thefe and fuch like Governments, the Prince hath not regal Rights, but is himfelf fubject to that Power which is greater than his ; whether it be in the Nobility or the Common People. But if the Sove- reign Majefty be in the Prince, as it was in the three firft Empires, and in the Kingdom of Judea, and If- rael ; and is now in the Kingdoms of England^ France, Spain, Scotland, Mufcovy, Turkey, Tartary, Perfta, Ethiopia, and almoft all the Kingdoms of Afia and Africa ; although for his Vices he be unpro- fitable to the Subject, yea hurtful, yea intolerable ; yet can they lawfully neither .harm his Perfon, nor hazard his Power, whether by Judgment, or elfe by Force. For neither one, nor all Magiftrates, have any Authority over the Prince, from whom all Au- thority is deriv'd, and whofe only Prefence doth fi- lence and fufpend all inferior Jurifdiction and Pow- er. As for Force, what Subject can attempt, or af- file, or counfel, or conceal Violence againft his Prince, and not incur the high and heinous Crime of Treafon. 1 It is a common Saying, Thought is free ; free in- deed from Punifhment of fecular Laws, except by Word or Deed it break forth into Action ; yet the fecret Thoughts againft the facred Majefty of a Prince, without Attempt, without Endeavour, have been adjudged worthy of Death ; and fome who in Auri- cular Confeflion, have difcover'd their treacherous Devifes againft the Perfon of their Prince, have after- wards been executed for the fame. All Laws do ex- empt a Madman from Punilhment, becaufe their * Actions King Henry IV. 44 The Tarllamentary History Actions are not governed by their Will and Purpofe 5 and the Will of Man being fet afide, all his Doings are indifferent, neither can the Body offend without a corrupt or erroneous Mind : Yet if a Madman draw his Sword upon his King, it hath been adjudged ta deferve Death. And leaft any Man fhould furmife that Princes, for the Maintenance of their own Safe-, ty and Sovereignty, are the only Authors of thefa Judgments, let us a little confider the Patterns and Precepts of Holy Scripture. Nebuchadnezzar, King of AJJyria y wafted all Palejline with Fire and Sword j befieg'd Jeru/alem a long Time-; and at the laft took it ; flew the King ; burnt the Temple ? took away the Holy VeiTels and Treafure ; the reft he permitted to the Cruelty and Spoil of his unmerci- ful Soldiers, who defiled all Places with Rape and Slaughter, and ruinated to the Ground that flourifh-, ing City : After the Glut of this bloody Butchery,, the People that remdn'd he led captive into Chaldea ; there he erected his Golden Image, and commanded that they which refufed to worfhip it, fhould be caft. into a fiery Furnace. » \ What Cruelty, what Injuftice, what Impiety is comparable to this ? And yet God calleth Nebu- : chainezzar his Servant, and promifeth Hire and Wa- ges for his Service : And the Prophets Jeremiah and. Baruch did write to the Jews to pray for the Life of. him, and of Baltazar his Son, that their Days might, be upon Earth as the Days of Heaven : And Ezekiel with bitter Terms abhorreth the Difloyalty of Zede- cbiah, became he revolted from Nebuchadnezzar \ whofe Homager and Tributary he was. What fhalL we fay of Saul ? Did he not put all the Priefts to Ex- ecution, becaufe one of them did relieve holy and. harmlefs David? Did he not violently perfecute that his moft faithful Servant and dutiful Son in Law, du- ring which Purfuit, he fell twice into the Power of David ; who did not only fpare, but alfo protect the King ; reproved the Pretorian Soldiers for their neg- ligent Watch ; and was touch'd in Heart for cutting away the Lap of his Garment ; and afterwards cauf- ed the Meflenger. to be ilain, who upon Requeft, and for Of ENGLAND. 45 for Pity, had tent his Hand (as he faid) to help for- K ; n „ Henry Iv< ward the voluntary Death of that facred King ? As for the contrary Examples, as that of Jehu who flew Jehoram and Ahaziah, Kings of Jfrael and Judah ; they were done by exprefs Oracle and Revelation from God, and are no more fet down for our Imita- tion, than the robbing of the -Egyptians, or any other particular and priviledg'd Commandment ; but in the general Precept, which all Men mull ordinarily fol- low, not only our A&ions, but our Speeches alfo, and our very Thoughts are ftri&ly charged with Duty and Obedience unto Princes, whether they be good or evil. The Law of God ordaineth, That he which doth prefumptuoufiy againjl the Ruler of the People Jhall dye ; and the Prophet David forbiddeth to touch the Lords anointed ; Thou Jlmlt not rail upon the Judges, nei- ther /peak Evil againjl the Ruler of the People. And the Apoftles do demand further, that even our Thoughts and Souls be obedient to higher Powers; and leaft any fhould imagine that they meant of good Princes only, they fpeak generally of all; and further to take away all Doubt, they make exprefs Mention of the Evil. For the Power and Authority of wicked Princes is the Ordinance of God ; and therefore Chrift told Pilate, that the Power which he had was given him from above ; and the Prophet Efay calleth Cyrus, being a prophane and heathen Prince, the ' Lord's Anointed. For God ftirred up the Spirit even of wicked Princes to do his Will ; and as Jeho- faphat fiid to his Rulers, they execute not the Judg- ment of Man, but of the Lord : In regard hereof, David calleth them Gods ; becaufe they have their Rule and Authority immediately from God ; which if they abufe, they are not to be adjudged by their Subje&s, for no Power within their Dominion is fu- perior to theirs ; but God referveth them to the foreft Trial : Horribly and juddainly, faith the Wifeman, will the Lord appear unto them, and a hard Judgment Jhall they have. 1 The Law of God commanded), that the Child (hall be put to Death, for any Contumely done unto the Parents ; hut what if the Father be a Rob- ♦ bcr ? King Henry IV. 46 The Parliamentary Histort ber ? If a Murtherer ? If for all Excefs of Villanies, odious and execrable both to God and Man ? Surely he deferveih the higheft Degree of Punifhments, and yet muft not the Son lift up his Hand againft him, for no Offence is fo great as to be punifh'd by Parri- cide : But our Country is dearer unto us than our Parents ; and the Prince is Pater Patria, the Father of our Country ; and therefore more facred and dear unto us than our Parents by Nature, and muft not be violated, how imperious, how impious foever he be : Doth he command or demand, our Perfons or our Purfes, we muft not Ihun for the one, nor lhrink for the other ; for, as Nebemiah faith, Kings have Do- minion over the Bodies and over the Cattle of their Sub- jects, at their Pleafure. Doth he enjoin thofe Acti- ons which are contrary to the Laws of God ? We muft neither wholly obey nor violently refift, but with a conftant Courage fubmit ourfelves to all Man- ner of Punifhment, and fhew our Subjection by en- during, and not performing ; yea the Church hath declared it to be an Herefy, to hold that a Prince may be flain or depofed by his Subjects, for any Dif- order or Default, either in Life, or elfe in Govern- ment. There will be Faulrs fo long as there are Men ; and as we endure with Patience a barren Year if it happen, and unfeafonable Weather, and fuch other Defects of Nature, fo muft we tolerate the Imperfections of Rulers ; and quietly expect, either a Reformation, or elfe a Change. 1 But alas, good King Richard, why fuch Cruelty? What fuch Impiety hath he ever committed ? Exa- mine rightly thofe Imputations which are laid againft him, without any falie Circumftance of Aggrava- tion, and you mall find nothing objected, either of any Truth, or of great Moment. It may be, that many Errors and Overfights have efcaped him, yet none fo grievous to be termed Tyranny ; as proceed- ing rather from unexperienced Ignorance, or corrupt Counlel, than from any natural or wilful Malice. Oh, how fhall the World be peftered with Tyrants, if Subjects may rebel upon every Pretence of Ty- ranny ? How many good Princes fhall daily be J fupprefied O/ENGLAND. 47 ' fupprefTed by thofe, by wliom they ought to be fup- K ; ng Henry lVt 4 ported ? If they levy a Subfidy, or any other Taxa- 4 tion, it (hall be claimed Oppreffion : If they put ' any to Death for Traiterous Attempts againft their * Perfons, it fhall be exclaimed Cruelty : If they do 1 any Thing againft the Lull and Liking of the People, 4 it fhall be proclaimed Tyranny. ' But let it be, that without Authority in us, or ' Defert in him, King Richard mull be depofed : Yet 4 what Right had the Duke of Lancafter to the ■ Crown ? Or what Reafon have we without his c Right to give it to him ? If he make Title as Heir 4 unto King Richard, then muft he yet ftay until King 4 Richard's Death : For no Man can fucceed as Heir ■ to one that liveth. But it is well known to all Men, * who are not either wilfully blind or groily ignorant, * that there are fome now alive, lineally defcended * from Lionel Duke of Clarence, whofe Offfpring was ' by Judgment of the High Court of Parliament holden 4 the ninth Year of the Reign of King Richard, declar- ' ed next Succeflbr to the Crown, in cafe King Ri- 4 chard mould die without lff\ie(t). Concerning theTitle ' from Edmund Crouchback, I will pafs it over ; feeing ■ the Authors thereof are become afhamed of fo ablurd * Abufe, both of their own Knowledge, and our Cre- 4 dulity ; and therefore all the Claim is now made, by ' Right of Conqueft ; by the Ceffion and Grant of * King Richard ; and by the general Confent of all 4 the People. It is a bad Wooll that will take no Co- * lour : But what Conqueft can a Subject pretend a- ' gainft bis Sovereign, where the War is Infurreclion, ' and the Vi&ory high and heinous Treafon ? As for 4 the Refignation which King Richard made, being a ' pent Priloner for the fame Caufe, it is an Act extort- ' ed by Force ; and therefore of no Validity to bind 4 him : And feeing that by the Laws of this Land, 4 the King alone cannot alienate the ancient Jewels 4 and Ornaments pertaining to the Crown, furely he * cannot give away the Crown it felf, and therewithal 4 the Kingdom. * Neither have we any Cuftom, that the People at 4 Pleafure (0 See Vol, I« p t 3S7, ?ip4 ij» this Volume, p, a. King Henry IV. 48 7 he Parliamentary History Pleafure fhould elect their King ; but they are al- ways bound unto him, who by Right of Blood is right SucceiTor \ much lefs can they confirm and make good that Title, which is before by Violence ufurped ; for nothing can then be freely done, when Libsrty is once reftrained by Fear.^ So did Scylla, by Terror of his Legions, obtain the Law Velleia to be made, whereby he was created Dictator for Four- fcore Years : And by like Impreflion of Fear, Cafar caufed the Law Servia to be promulged, by which he was made perpetual Dictator : But both thefe Laws were afterwards adjudged void. As for the Depofing of King Edward the Second it is no -more to be urged, than the Poifoning of King John, or the Murdering of any oiher good and lawful Prince : We mull live according to Laws, and not to Ex- amples: And yet the Kingdom was not then taken from the lawful Succeflbr. But if we look back to Times lately paft, we (hall find that thefe Titles were more ftrong in King Stephen, than they are in the Duke of Lancojler. For King Henry the firft being at large Liberty, neither reftrained in Body, nor conftrained in Mind, had appointed him to fucceed ; as it was upon good Credit, certainly affirmed. The People aflented to this Defignment ; and thereupon without Fear 1 , and without Force, he was anointed King, and obtained full Poffeflion of the Realm («). Yet Henry, Son of the Earl of Anjou, having a nearer Right by his Mother to the Crown, notwithftanding his Father was a Stranger, and himfelf born beyond the Seas, raifed fiich rough Wars upon King Stephen, that there was no end of fpoiling the Goods, and fpilling the Blood of the unhappy People, befides the Ruins and Deformities of many Cities and Holds ; until his lawful Inheritance was to him allured. It terrifieth me to remember how many flourifhing Em- pires and Kingdoms have been, by means of iuch Contentions, either torn in pieces with inteftine Di- vifion, or lubdued to foreign Princes, under pretence of Afliftance and Aid ; and I need not repeat how this Realm hath heretofore been maken with thefe fcveral Mifchitfs. And yet neither the Examples 'of (u) See Vol. I. P. n. Of E N G L A N D. 49 of other Countries, nor the Miferies of our own, KingHenry IV, are fufficient to make us to beware. * O Englfomen, worfe bewitched than the foolifh Galatians ! Our unftaid Minds and reillefs Refolutions do nothing elfe but hunt after our own Harms : No People have more Hatred abroad, and none lefs Quiet at home : In other Countries the Sword of Invafion hath been fhaken againft us : In our own Land, the Fire of Inlurrediion hath been kindled among us : And what are thefe Innovations, but Whetftones to fbarpen the one and Bellows to blow up the other ? ' Certainly I fear that the fame will happen unto us which Mjop fableth to have been fallen unto the Frogs, who being defirous to have a Kinsr, a Beam was given unto them ; the firft Fall whereof did put them in fome fear, but when they faw it lie ftill in the Stream, they infulted thereon with great Con- tempt, and defired a King of quicker Courage : Then was fent unto them a Stork, which ftalking among them with ftately Steps, continually devoured them. The Mildnefs of King Richard hath bred in us this Scorn, interpreting it to be Cowardice and Dulnefs of Nature : The next Heir is alfo rejected : I will not fay that with greater Courage we (hall find greater Cruelty ; but if either of thefe (hall hereafter be able to fet up their Side, and bring the Matter to Trial by Arms, I do afluredly fay, that which Part foever mail carry the Fortune of the Field, the People both ways muft go to wreck. And thus have I declared my Mind concerning this Queftion, in more Words than your Wifdom, yet fewer than the Weight of the Caufe, doth require ; and do boldly conclude, that we have neither Power nor ..Policy, either to depofe King Richard^ or to ele£t Duke Henry in his place ; that King Richard remaineth ftill our Sovereign Prince, and therefore it is not lawful for us to give Judgment upon him ; that the Duke, whom you call King, hath more offended againft the King and the Realm, than the King hath done, either againft him or us : For being banifhed the Realm for ten Years by the King and his Council, amongft whom bis own Fa- Voj.. II. D « ther jo The Parliamentary History Rug Henry IV. * ther was Chief (a) ; and fworn not to return again 1 without fpecial Licence ; he hath not only violated * his Oath, but with impious Arms difturbed the Quiet * of the Land, and difpoflefTed the King from his ' Royal Eftate ; and now demandeth Judgment againft ' his Perfon, without Offence proved, or Defence heard. ' If this Injury and this Perjury doth nothing move us, ' yet let both our private and common Dangers fome- ' what withdraw us from thefe violent Proceedings (b).* For which he is This Speech, fays the Hiftorian from whom we now charged with quote, was differently taken, as Men were then diffe- High Treafon. ren tly affe&ed, between Fear, Hope, and Shame ; yet, the major Part, by far, fhewed themfelves in the In- tereft of their new King Henry ; and the Orator was inftantly attach'd of High Treafon, by the Earl Mar- Jbal and fcnt Prifoner to the Abbey of Saint Albans. Whofe Council, adds he, then contemned, was after- wards better thought upon ; partly in the Life-time of this King Henry, during whofe Reign fcarce a Year palled without much Slaughter and Execution ; but more efpecially in the Reigns fucceeding. For, within the Space of thirty-fix Years, twelve fet Battles were fought in this Realm, and on this Quarrel, by Englijh- men only ; and more than fourfcore Princes of the Blood Royal of England, ilain by each others Swords (c). But, it cannot be amifs to quote one whole Para- graph from M. Rapin's Hiftory, containing his Reflec- tions (a) See before in Vol. I. p. 492. (£) Our immortal Sbakefpear, in his hiftorical Play of ¥Lm% Richard II. has given us the Subftance of this Speech, made by the Bifliop of Car- UJle, in his elegant Manner. Theobald's Firfi Edit. P. 316. The fame great Poet, at the Conclufion of this Play, when the faid Bi/hop was brought before Henry to receive his Sentence for being con- cerned in an Infurre&ion againft him, makes the King fpeak thus : King. " Carlisle this is thy Doom. " Chufe out fome fecret Place, fome reverend Room " More than thou haft, and with it joy thy Life j ** So, as thou liveft in Peace, die free from Strife. " For though mine Enemy thou haft ever been, " High Sparks of Honour in thee I have feen." Ibid. P. 340. (f) Sir John Hayivard, P. 1 10. By which Slaughter all the Heirs Male of both Lines, were deftroyed. Hol/ingjbead, P. 511. 0/ ENGLAND. 51 tions on the Condudr, of this Parliament, in the Sen- Kj ng Henry iv, tence of King Richard's perpetual Imprifonment ; and, what is agreed by moll Hiftorians, tho' it is not in the Abridgement of the Records, that there was made to it this terrible Addition, That if, at any time, any Infur- reclion Jhould be made in his Favour , he Jhould be the firjl that Jhould fuffer Death for it (d). Becaufe, we think that here our Foreigner fhews his Partiality on the Side of Monarchy ; and feems to own, that Parlia- ments are capable of acting as unjuftly as the moft ab- folute Kings ; a Circumftance few will believe that have not well noted this Paflage ; and therefore we ■ mail give it in his Tranflator Tindals own Words (e) : * It is not my bufinefs to determine, how far the Mr Rapin'i Re- Authority of the Parliament may be extended, with marks on the refpedl to the King's Perfon. I mail only obferve, JSjJtLkfi? that this is the fecond Inftance of the Depofing of a King of England, without hearing his Defence, or fo much as obferving the ufual Formalities prefcribed by the Law, in the Trial of the meaneft Subject. The Parliament which depofed Edward II. was fatisfied with decreeing, that he mould be kept in fafe Custo- dy during Life. But this Parliament, to Richard's Depofing, adds the Sentence of Death : For no other- wife can the Condition be confidered, upon which his Life is granted. Let us farther remark, that one of the chief Articles of Accufation againft this Prince, was his putting to Death the Duke of Glocejler his Uncle, without a previous Trial. And this fame Parliament condemns him unheard, upon his bare Confeffion, when a Prifoner j not, that he is guilty of the particular Crimes laid to his Charge, but that he is in his own Opinion unworthy to wear the Crown. They are not content with ftripping him of his Royalty, but order him to be imprifoned for Life. What do I fay ? They really condemn him to die, lince in feeming to grant him his Life, they add a Condition, which probably mult foon make him lofe it. If in perufing the Reign of Richard II. one can't help detefting the Principles of the Shrew/- D 2 ' bury (i) Ha/Ps Chron. Fol. X. and Grafton P. 40*. \t) Rapin, Vol. I. P. 4*7- 52 The ^Parliamentary History King Henry rv. * «7 Parliament, which tended to fubjecl the Lives* * Honours and Fortunes of the Nation to the King's ' Will, what ought we to think of this ? By a con- * trary Excefs, they put the Life and Honour of the » ' King himfelf in the power of his Subjects, and re- ' fufe the Sovereign a Privilege, which every Englifb ' Subject has a right to demand. The Examples thefe ' two Parliaments afford, are a clear Evidence that the * Englijh Conftitution can never pretend to that Degree * of Perfection, boafted by fome, till the Bounds to be ' prefcribed to the Prerogative Royal, and the Privileges ' of Parliament, are precifely determined.' To proceed with the Bufmefs tranfacted in this Par- liament : The Commons appeared again with their f n a g r s th 7 J3>5J: Speaker, and declared to the King, that the Duke of liamcnt. * Britainy, had fent word that be was ready to do all which the King would defire him, and therefore prayed that the Earldom of Richmond, being his own Inheri- tance, might not be granted away by any Letters Pa- tents, which Petition was made a Requeft from the Commons. The Duke of York, the Earl of Northumberland, and others of Kindred to the Archbifhop of Canterbury, pray'd the King that the faid Archbifhop might have his Recovery againft Roger Walden, who had been made Archbifhop of Canterbury during the others Exile, for fundry Wades and Spoils, done by the faid Roger in the Archbifhoprick aforefaid, which the King initantly granted, and thanked them for their Motion. But the Commons, upon hearing of this Award, prayed the King that, fince they were not made privy to the Judgment aforefaid, no Record might be made to charge or make them Parties therein. To which the Archbifhop of Canterbury, by the King's Command anfwered, ' That the Commons were only Petitioners, 6 and that all Judgments belong to the King and ' Lords j unlefs it was in Statutes, Grants of Sublidies * or fuch like ;' which Ordinance the King willed fhould be from that time obferved. The two Northern Earls, Northumberland and Weftmoreland, requefted the King that he would purge them from a Reproach caft on them, ' That they had ' > . i advifcd Of E N G L A N D. 53 ' advifed the King to make War on Scotland J The King Henry IV. King took it upon himfelf, and caufed the Earl of Northumberland to afk every Lord there, feparately, his Opinion relating to the faid War, who all encou- . raged the King to undertake it. To the King's eldeft Son, befides the Titles and Prin- cipalities already conferred this Parliament, were added the Dukedoms of Lancajler and Aquitaln j to the for- mer of which were given all fuch Liberties and Fran- chifes, as were heretofore granted to the Duke of the faid Dutchy j and that they mould remain to his eldeft Son, and to his Heirs, Dukes of Lancajler, diflever'd from the Crown of England j and thereupon the King ' delivered a Charter thereof, made in Parliament, to Henry his eldeft Son. The King enaded, by the Allent of the Lords, that a certain new People, difguis'd in white Garments, com- - ing from beyond Sea, and pretending great Sandlitv, fhould in no wife be fufter'd to tarry or harbour with- in the Realm. Next follow feveral private Affairs too tedious to men- tion ; except, that on the Petition of Sir Thomas Haxey f Clerk, the King pardon'd and revok'd the Judgment made againft him in the 20th Year of King Richard's Reign, and reftor'd him to Blood, and the Recovery of all his Goods, Livings, Lands and Tenements (g). Sir William Rickkill, one of the Judges to the late King, but now a Prifoner, was brought before the Parliament, and required to anfwer by what Warrant he took and certified the Confeflion of the late Duke of Gloucejler, in the 21ft Year of Richard 11. (h) j and by Order of the King, Sir Walter Clopton, Chief Ju- ftice, was put to examine him. But Rickhill, anfwer- ing at full, and producing fufficient Authority for what he had done, and his fincere Dealing therein, the Lords - unanimoufly declared that they thought he had afted juftly ; and upon this the Chief Juftice adjudged the faid Sir William acquitted thereof for ever. The Petitions of the Commons, and the King's Anfwers. . . f . Petition. That the Liberties of the Church, the commons, D 3 Great (g) He was then a Member cf Parliament and was fentenced to Death, for bringing in a Bill to regulate the King's Houfliold, Anno 20, Ric. II See Vol. 1. p. ±c%, {b) Vol. I. p. 475. 54 The Tarliamentary History King Henry IV. Great Charter, and Charter of the Forefts, be confirm'd. Anfiver. The King willeth the fame (i). Pet. That the Lords Spiritual, Temporal, and the Judges, do not from henceforth plead, in Excufe, that they durft not for Fear of Death to fpeak the Truth. Anfw. The King reputeth them all tobejuft, and that they will not give him Council to the contrary $ but if they do, let Complaint be made. Pet. That all the King's chief Officers be fworn to fhun all Bribery, and fuch as are attainted thereof to lofe all they have. Anfw Every fuch Officer, upon Attaint, mall be punifhed for his Mifdoing ; otherwife the Statutes al- ready made may fuffice. Pet. That no Part of the Crown-Lands may be fold, given, or exchanged ; and that there be a Resump- tion of fuch as are. Anfw. The King will be advifed of this. Pet. That every Man may purfue his Remedy for all Havock and Spoils, committed fince the coming of the King. Anfw. For Spoils done where the King's Army hath been, he will be advifed ; for the reft he granteth. Pet. That all Men difpoflefled of any Tenements, without Procefs of Law, may be reftored, if done fince ■ the King's coming in. Anfw. They are remitted to the Common Law. Pet. That, in Confederation of the great Plague in the North, it would pleafe the King to lie with his Army in the midft of the Kingdom. Anfw. The King will be advifed. Pet. That the King will appoint able Captains, as well in England as in Wales. Anfw. (!) The Preamble to this Statute, and the reft in this Year, begins in this Manner : f Henry, by the Grace of God, King of England and of France, f and Lord of Ireland j to the Laud and Honour of God and Reverence * of Holy Church, for to nourifh Unity, Peace and Concord, amongft all ' Parties within the Realm of England ; and for Redrefs and Recovery * of the fame Realm, which now of late hath been dangeroufly put to ' great Ruin and Defolation ; by the Afient of the Prelates, Dukes, * Earls, Barons, and at the Inftance and fpecial Requeft of the Com- * mons of the fame Realm aflembled at his Parliament held »t Weji- * minjler, on the Feaft of St. Faith the Virgin, the firft Year of his * Reign, hath made, ordained, and eftabliflied certain Ordinances and f Statutes in Form, as foljoweth,* Statutes at large, An, I, Hen. IV, Of E N G L A N D. 55 Anfw. The King meaneth no lefs. King Henry iv* The Commons grant to the King, that be mail be as free and enjoy as great Liberties as any of his Pro- genitors had before him ; whereupon the King, in Par- liament, promifed that he would not turn the fame contrary to the Laws. Pet. The Commons pray the Reverfal of the Judg- ment given againft Richard Earl of Arundel in the 2 1 ft Year of King Richard^ and that Reftitution be made to Thomas his Son and Heir (k). Anfw, The King hath {hewn Favour to Thomas now Earl, and to others. Pet. That fuch Records, touching the Inheritance of the faid Earl of Arundel and Surrey, late embezzled f may be fought for and reftored. Anfw. The King willeth. Pet. They make the like Requeft for Reftitution to be made to Thomas Earl of iVarwick (/). Anfw. The King hath fhewn Favour to him alfo. Pet. They require a Repeal of the A61 made Anno 21. Richard II. with a general Reftitution of Lands and Goods, to all fuch as loft thereby. Anfw. The King has been gracious in this alfo, and for the reft he will be advifed (m). Thefe are all or moft of the Petitions and Anfwers, on publick AfEurs, which palled in this Parliament. But there are yet fome Matters in the Pleas of the Crown, at this Time, which deferve our Attention. The Commons pray the King, that the Lords, who were Appellants in the Parliament held the twenty- firft D 4 of (k) See Vol. I. p. 470. (I) Ibid. p. 477. _ . (m) ARepeal of the whole Parliament holden 21 Ric. II. and of the Authority given thereby was palled, and the Parliament held 11 Ric. II, confirmed. Alfo a Reftitution to thofe, or their Heirs, who were attainted 21 Ric. II, Statutes at Large, An. 1. Hen. IV. See before, in the Firft Volume, p. 412, and 492. The Parliament 21 Ric. II. was called, fays Hall, the Evil Parlia- ment for the Nobility, the worfe for the Menalty, but the worft of all for the Commonalty. Hah *j Chr$n. Fol. XI. A general Pardon was alfo paiTed for Treafon, Felony, &c. except to the Murderers of the Duke oiGloceficr. Stat at Large, An. 1. Hen. IV. Hall writes, that an A€t was palled this Parliament for entailing the Crown of England on this King Henry, his four Sons in Succeilion, and their Poftericy ; and hath given us the Subftance of it. But nothing of this Nature appears on the Records, or in the Statute-Books, till Ann, 7. Hen. IV. which fee. ■ 5 6 The Parliamentary History King Henry IV. °f the late King Richard, maybe called on to anfwer for their Acts done at that lime. The Records of which were brought and read in Parliament, in the Prefence of Edward Duke of Albemarle , Thomas Duke of Surrey , John Duke of Exeter, John Marquefs of Dcrjet, ?ohn Earl of Salisbury, and Thomas Earl of Glocejter. hefe were all the Accufers of the Archbifhop and the reft of the Lords, in the Parliament of the 21ft of, Richard II. that were fpared from Execution ; except King Henry himfelf, then Earl of Derby, who was the principal Peribn concerned in that Affair. Proceedings a- The Duke of Albemarle was called on firft, who gainft the Duke pleaded in Excufe, ' That he was no Contriver of the and A o?heTLcrds faid Appeal j and what he then did, was by the King's Appellants, in Command, whom he durft not difobey. That in the aift of Ri- relation to King Henry\ Exile, and Revocation of chard II. ^ ls p atent} } t was entirely againft his Will, and he cal- led certain Lords to witnefs the fame : He, alfo, en- deavoured to excufe himfelf from advifing, or being any ways privy to the Death of the Duke of Gh- cejler* The Duke of Surrey prayed the King to confider the tender Age, and fmall Reputation he was in, at the time the Appeal was made. Afterwards, he an- fwered in all Points, as the former Duke had done ; all which he offered to prove when the King fhould appoint. The Duke of Exeter pleaded alfo, as above ; only, in relation to the Duke of Glocejter, he added, that he heard King Richard fay, that he fhould be flain. The Marquefs of Dorfet affirmed, as before, only he made no mention of the Duke of Glocejler. The Earl of Sali/buty faid, that he was drawn into the Appeal, for fear of his Life ; and for that he was accufed by the Duke of Norfolk, that he fhould have meant to have flain the Duke of Lancajler, the King's Father. Albeit, he was ready by' the King's Order, to have difproved the Charge 5 but, for that he had not yet offered to acquit himfelf thereof, he afked Pardon for the fame (n). The Earl of Glocejler affirmed the fame with the Duke of Albemarle. After (») Vol. I. p, 491. Of E N G L A N D. 57 After thefe Noblemen had anfwered the feveral Que- King Henry iv. flions, they were all ordered to withdraw, whilft the King and Parliament confulted what Sentence to award for them. And the King and Lords did adjudge, They are fen- • That the faid Dukes, Mat quels and Earls, mould ™ d t ^ a £' • lofe their Names and Titles, and all the Honours "["./of t hek" * thereto belonging ; and that they mould forfeit all Honours. ■ the Lands and Goods, which they, or any of them c had given them at the Death of the faid Duke of < Ghcefter, or at any time fince ; and that if they, or ' any of them, mould efpoufe the Quarrel, or affift the * Perfon of King Richard, lately depofed, that then ' the fame mould be Treafon.' Which Sentence or Judgment, by the King's Command was pronounced by Sir William Thirning, Lord Chief Juftice of the King's Bench. But after all, we find that as to their Lands, it was But are reftored left to the King either to continue them in Pofleflion, by the King. or turn them out if he pleafed. Yet, Henry, willing to begin his Reign with fome Acts of Clemency, not only left them their Eftates, but, alfo, reftored them to their Honours. Moreover, he made the Duke of Exe- ter, who had married his Half- Sifter, Governor of Ca- lais. But Walfingham (o) writes, that this mild Sentence on the Lords was greatly refented by the Common People, both againft the King and his Council, becaufe they judged thofe Noblemen by their late Proceedings, guilty of Death. On the 29th Day of November the Commons re- quired, that the Arreft and Judgment againft William le Scrope, Earl of Wiitfhire, Sir Henry Green, and John BuJJy Knights, who had been executed without any Procefs at Brijlol, might be confirmed in full Parlia- ment (p). On which Sir Richard le Scrope petitioned the King that nothing might be done to difinherit him or his Children, considering the faid William was his Son. The Commons afked Sir Richard, if the Judgment a- gainft his Son was lawful ? Who anfwered, that it was lawful. Upon which, the King faid, that he would have all the Lands of the Perfons aforefaid forfeited to him by way of Conqueji, as of thofe who had been the (*; Walfingham, p. 362. Fabian's Chron. Fol. CLXV. ($) See Vol. I, p. 500. j 8 The Tarliamentary H i s T o S r KingHenrylV. the chief Actors in the Parliament of the twenty-firft of Richard the Second. The laft Thing which we fhall mention in the Pro- ceedings of this Parliament, is fome farther Enquiry made there in relation to the Duke of Glocejler ; which tho' not all mentioned in the Abridgment, our older Chroniclers (a), particularly Hilling/head, are very exact in defcribing. Sir John Baggot, then a Prifoner in the Tower, was brought to the Bar of the Houfe, and there examined on the Affair of that Murder ; who there declared, in a Bill, then delivered in, * That it mX IfA?' ' was b y the Advice and ^(ligation of the Duke of Al- Duke of Glo- ' bemarle, that the Lords were apprehended by the cefter. < King, and that the Duke of Gloucejler was inhuman- 6 ly murder'd at Calais. That the Duke of Norfolk * did keep the Duke of Gloucejler alive three Weeks * againft the King's Will ; but, for Fear of the King's ' Difpleafure, the faid Duke and himfelf, with leve- c ral of the King's Servants, went over to Calais, and ' faw him put to Death.' After this Declaration was openly read, the Duke of Albemarle rofe up and faid, « That he utterly denied the Charge to be true againft ' him, and offer 'd to juftify his Innocency by Combat, 4 in fuch Manner as fhould be thought requifire.' But , Baggott, not being at Liberty to accept the Challenge, the Lord Fitz- Walter, and twenty other Lords, offer'd to make it good by their Bodies, that he was the Caufe of the Duke of Glouce/ler's Death. The Duke of Sur- rey flood up againft the Lord Fitz- Walter, and having af- firmed that what the Duke of Albemarle had done againft the Duke of Gloucejler, was by Conftraint, he offer'd to vindicate him by Fight; and all their Hoods, which they flung down as Pledges of their Intentions, were deliver'd to the Ccnftable and Marfhal to be kept. But all thefe Differences the King thought proper to accom- modate, in a Way more politick and more confiftent with the Exigency of the Times, than fuffering them to go on to a Martial Trial. Baggott, in one of his Examinations before the Houfe (q) Hcllitigjbcad' 1 s Chron. p. 511, 512, £fc. Sir John Hayivard, U2< Daniel in Kennet, 274. 0/ E N G L A N D. 59 Houfe, mention'd one John Halt, then a Prifoner in King Henry IV, Newgate, who could fay much more than he, relating to the Death of the Duke of Ghucejier. Which HaU> being fent for and examined, confefled the whole Mat- ter ; whofe Examination, Confeffion, and Sentence paired againft him, being on the Rolls, we {hall give from Sir Robert Cotton's own Account of it. ' John Hall, a Servant of the Duke of Norfolk, being examined by Sir Walter Clapton, Chief Juftice, in full Parliament, confefs'd upon his Oath, that in the Month of September, An. 21, Rich. II. the Duke of Norfolk charged the faid John, among others, to mur- der the Duke of Gloucefler, there being prefent one John Co/fox, an Efquire of the faid Duke of Norfolk ; and that they two then being at Calais, went together to our Ladies Church,where they found William Hempfey,E{q; as aforefaid, Brad/haw, Efq; as aforeiaid, William Servadlet, of the Chamber of the late King Richard ; Francis Vadlett, of the Chamber of the Duke of Albe- marle j William Rogers, William Dennice, and Cockle, Servants to the faid Duke of Norfolk ; all whom were fworn upon the Body of Chrift, before one Sir William Chaplin, of St George's, in the Church of our Lady, that they mould not difclofe the faid FacT: or Murder.* ' That after this Oath made, they altogether went with the Duke of Norfolk, towards the Houfe call'd the Princes Inn, and when they were come, the faid Duke of Norfolk caufed the Perfons aforefaid to enter into a Lodging within the fame Houfe, and fo departed.' 4 After which John Lovetofte, with fundry other £f- quires, brought the Duke of Gloucefler, and deliver'd him to the faid S earl and Francis, in an Inner Parlour, and faid, * There is Sear! and Francis-,' whereupon the Duke of Gloucefler faid, 'Now I fee I fhall do well,' and fo asked Searl how the King did ? who faid well ; and fent to him Commendations, and fo the faid John Love- tofte departed.' ' Whereupon the faid Searl and Francis, took the faid Duke of Gloucefler into an Upper Chamber, faying, * That they would fpeak with him i ' unto whom when they 6o The Parliamentary History King Henry iv. they were come there, they faid, * That the King's Will * was,that he fliould be flain ; the Duke anfwer'd there- to, * If it be fo it is welcome ;' that Searl and Francis willed the Duke to take a Chaplain, whom the Duke there took, and was confefled.' ' After which Confeflion they caufed the Duke to lye upon a Bed, upon whom fo lying, the faid Searl and Francis threw a Feather- Bed, the Sides whereof the faid William Rogers, Dennice, and Cockle or the Chamber, held ; and Searl and Francis lay on the Mouth of the faid Duke until he was dead ; Col/ox, Hemp/ley, and Brad/haw, fat that Night by the Duke on their Knees, weeping, and praying for the Soul of the faid Duke ; and Hall, this Examinant, kept the Door until the Duke was flain.' ' After the Death of which Duke, the Duke of Nor- folk came in, and feeing him dead, laid, * It were a great * Matter to have the faid Duke living again.' ' By whofe Confeflion it feemed to the Lords, that he the faid John Hall, had deferved a grievous Death j whereupon they adjudged, by the Aflent of the King, that the fame Hall mould be drawn from Tower-Hill to Tyburn, his Bowels to be burned before him, his Body to be . hanged, headed, and quartered, and his Head to be fent and fet upon Calais, and his Quarters at the King's Pleafure ; and theMarfhal the fame Day did Execution accordingly.' Though the Reader may find that this Revolution was fufficiently fandtified by the Archbifhop of Canter- bury, and all the other Bifhops, except one, concur- ring with it, yet a more formal Teftimony was ex- petted from them. And, whilft the two Houfes of Parliament were acting, in the Manner abovefaid, at Wcjlminjler, the Bifhops and Clergy met in the Con- vocation at St Paul's. As the King rightly judged, that, in order to fupport himfelf on the Throne, it was neceflary to make that Body his Friends, he fent the Earls of Northumberland and Weflmoreland to allure them of his Protection. Thefe Ambafladors, being admitted into the AfTembly, faid, * That they were * come from the King, not to demand Money, as was * ufual in the former Rtign ; but to acquaint the Cler- ' gy s Of ENGLAND. 6t * gy of the King's Refolution to maintain them in all Ki ng Henry IV. ' their Privileges and Immunities. Adding, that they ' had Orders to allure the Convocation, that the King c was ready to concur with them in whatever Means * (hould be thought proper to extirpate Herefy, and The Kin e P ro - « punifh obftinate Hereticks.' They concluded with SergylnS? defiring the Clergy's Prayers for the Welfare of the pating Herefy. King and Kingdom. M. Rap'in remarks here, that nothing could be more apt to gain the Hearts of the Ecciefiafticks, than the King's Promife to extirpate Herefy. The Number of the Lollards ', ' which daily. encrealed,\ gave the Clergy much Reafon to fear, that in the End a Reformation might be fet on Foot, very detrimental to their Tem- poral Interefts. Accordingly, the AiTurances the King gave the Convocation, were received with great De- monftrations of Joy and Thankfulnefs. And, the Reader will find, in the Courfe of this Reign, that he 'ftrictly kept his Word with them. The next Year, being Anno 1400, began with Trou- bles of various Kinds, but all levelled againft Henry and The King of his new acquired Government. The King of France^ France declares whofe Daughter Richard had married, was exceedingly a 6 ainft Henry, exalperated at the late Rcvolunon; and made great Pre- parations to revenge the" Affront done to his Son-in- Law. Henry had fent an Embafly into France^ to ex- cufe this Matter as well as he could, but the Envoys could proceed no farther than Calais ; becaufe the French King had not only denied them his Safe-ConducT:, but had imprifon'd an Herald they had fent to demand it. In this prefling Exigency, nothing but War being ex- pected, and the Sinews of it very much wanted, Henry called a great Council of Peers to meet at Wejlminfter^ on the 9th Day of February, to confult of proper Mea- A c fures to divert this Blow. In the Collection of Public p eer s Only, cai- JUs is a long Memorial of what was concluded on in l«*» to prevent this Council ; which, as it is there expreiTed, was cal- * har e xn s the . led of Lords Spiritual and Temporal only, in this pref- an y Tax for the ling Neceflity, to avoid fummoning any Parliament (r), War. and laying any Tax or Impofuion on the Commons. They (r) Pour efebuire aucvne Parkmext ejire fommoner, &c. Feed, Avg, Tom. VIII. P, 125, iz6. 6 2 The Tarliamentary History King Henry iv. They therefore confented to raife Forces at their own Expence ; and, in the Lift of the Names of the Peers then prefent, is an Account of what Number of arm- ed Men each Temporal Lord engaged himfelf to bring ; but the Spiritual, tho' there alfo named, are out of this Queftion. Nor were the Scots lefs frightful to Henry on the other Side ; but taking Advantage of the Diflcntions in England, they broke the Truce, and made feveral In- roads, with great Devaftations and Plundering?. To ftem this Tide, Henry carried his new railed Forces towards Scotland ; and in his Way thither he thought to have met a Parliament he had fummoned to appear at York. For we find, that Writs of Summons were Anno Regni i. &nt out, directed to Henry Prince of Wales, 13c. and 1400- dated at Weftminjler the 19th Day of September, for a At York. Parliament to meet at York, on the Feaft of All Souls, next coming. Cotton has given us no more than the Names of the Peers that were fummoned to this Parlia- ment ; it is probable that the Bufinefs of it was inter- rupted by the Infurredtions, then made in the Nation, in Favour of King Richard. It is not for our Purpofe to be fo particular as to defcribe all thefe firft Attacks againft this new fettled Goverment ; we muft refer our Readers to the larger Englijh Hiftorians for that Pur- pofe. Sufficient it is to fey, that thefe Civil Tumults were foon quafhed, and the Authors of them fuffered Death, or perpetual Imprifonment. In this Interval, it was thought neceflary that the unhappy Occafion, though innocent of them himfelf, fhould be, alfo, re- moved ; and Richard II. underwent the feme Fate Richard 11. put with his Great Grandfather Edward II. to make fure to Death. Work> and prove this common Maxim true, that There is but a frnall Space betwixt the Prifons and Graves oj Kings (5). After thefe Commotions were, in fome Meafure, Anno Regni 2. quieted, another Parliament was fummoned to meet on 1401. the 21 ft of January, in the fecond Year of this King, At Weftminfler. whcn thc Knights and Burgefies were called into the Chancery Court, in Wejlminjler-Hall, before the Chancellor (t) Authors differ as to the Manner of his Death. Some lay he wae murdered with a Poll-Ax : Others, that he was flarv'd. Of E N G L A N D. 63 Chancellor and the Steward of the King's Houfhold, King Henry IV. by Name ; upon whofe Appearance, the Chancellor put off the Parliament to the next Day, by the King's Authority. On the faid Day Sir William Thyrning, Chief Juftice of the King's Bench, by the King's Command, de- clared, ' That this Parliament was called to the End f that Holy Church, and other Corporations and Per- * fons mould enjoy their Liberties ; that all good Laws ' mould be executed, and Juftice truly miniftred ; and ' that nothing mould be done in Derogation of the * Common Law. He then rehearfed, ' What great Charges the King * had been at for his Coronation ; for fupprefling the « late Rebellion attempted by the Nobles ; for his Ex- pedition againft the Scots ; and, laftly, for refilling * the Rebels in North Wales ; all which Adventures « he had undertaken in his own proper Per ion.' He further told them, ' That the King was bound to re- c turn the Queen into France., with all fuch Jewels * and Riches as King Richard had with her in Mar- * riage. He put them in Mind of the Charges for * keeping of Calais, and the King's other FortrefTes * abroad ; eipecially for the Dutchy of Guienne, being * annexed to the Crown, for the which War was like- ' ly to enfue, becaufe the King of France had created ' his eldeft Son Duke of Gnenne ; and laftly, for the * Wars in Scotland and Ireland. For the Support of * all which great Charges he urged the Lords and Com- 6 mons to confult and to confider the Importance of f them ; He concluded with defiring the Commons to " • ' choofe a Speaker, and to prefent him the next Day - ' to the King. Then the Receivers and Tryers of Petitions were appointed for England, and the other Kingdoms and Countries abroad, as ufual ; and on the Day after, be- sir Arnold Sa- ing January 23, the Commons prefented to the King v age chofen Sir Arnold Savage for their Speaker, who made the ac- s P eaker ' cuftomed Proteltation, for himfelf and the Commons, which was accepted and enrolled. On the z5th, the Commons by their Speaker, in full Parliament, ' gave the King moft hearty Thanks for i his x 64 The 'Parliamentary History King Henry IV. c his Pfomife of maintaining the Catholic Faith. They * defired that the King would nor give an Ear to any * flanderous and untrue Reports concerning their Pro- * ceedings, but let the Event (hew the fame.' Which being promifed, the Speaker went on and declared to the King, * That to every good Government four ' Things appertained, viz. Wifdom, Prowefs, Man- ' hood and Riches ; all which he affirmed was in the ■ King and his Nobility, as the World very well knew, ' and they would approve -, for the Hearts and Good- * wijl of Subjefls, which his Majefty had, were the ' Riches of a King. Therefore, for certain Reafons, c the Commons would perfuade the King not to agree ' to the Challenges,which the French had mado to him ' and the Lords.' This the King promifed not to at- tempt without their Advice, and gave them Thanks for their tender good Will to him (s).' On the laft Day of January, the Commons, by k Word of Mouth prayed, that certain Petitions might be anfwered by the King, which he, again, defired might be put in Writing, and then he promifed to an- fwer them. On the 21ft of February, the Commons prayed the King to execute the Ordinance of King Richard the Second, upon the Conqueft of Wales, viz. that no Wekhman born mould bear any Office in that Country, &V. The King promifed to fend for the Ordinance, and cauie Execution of it. They then required the King, that, according to the Laws and Cuftoms of the Realm, he would feize into his Hands the Houfes and Lands of all Alien Priories, and Donatives, during the Wars. To this the King required Advice, and promifed to do therein as the Bifhops and Peers fhould inftrucl: him* The fame Day, on a like Motion, the King revok- ed all Annuities granted out of the Cuftom of Wools ; and at the fame time they required the King to com- mit the Charge of Wool- weighing, and the Inventory of (s) The Duke of Orleans, Brother to the French King, a Prince of great Courage and Reputation in Arms, had fent a Challenge to Henry to meet him at Bourdeaux, with a hundred ftout Warriors on a Side, theie to fight, ano each Victor to have his Prifoner. This Accident is placed two or three Year* later by all our Hiftonans, Of ENGLAND. 6s Ctf King Richard's Goods, which the Treafurers had King Henry IV. delivered to them, to fome Perfons as might make due Enquiry thereof, and difcharge the Commons of it. They, alfo defired, * That all Matters tranfadted in this ' Parliament, might be engrofled before the Departure ' of the Juftices.' * It was anfwered, « That the Clerk * of Parliament had Orders fo to do.' At the fame time the Commons declared, ' That k « was not the ufual Cuftom for them to grant any Sub- ' fidy before they had received Anfwers to their Peti* ' tions j and prayed the Oblervation of that Cuilom * from thenceforth/ Upon this the King required a Conference with the Lords ; and, on the laft Day of the Seffion, gave the Commons this Anfwef, * That ' there was never any fuch Ufe known, but that they * mould firft go through with all other Bufinefs, which « Ordinance the King intended not to alter.' After which a Subfidy was granted of one Tenth, and one Fifteenth j Two Shillings on every Ton of Wine, and A Subfidy. Eight- Pence in the Pound on Merchandize. The Lords Temporal, with the King's Aflent, ad- judged Thomas Holland late Earl of Kent, John Ho/-* Proceedings a- land late Earl of Huntington, John Montagu late Earl Jjj* ^^ nm of Salijbury, Thomas le Defpenfer and Ralph Lumley % £ Q n*&l, Knights, and feveral others, who were, for their Trea- fons and Rebellions, taken by certain of the King's Subjects, and beheaded as Traitors, that they mould forfeit all fuch Lands as they had in Fee, January the fifth, in the Firft of this King, or at any Time after, together with all their Goods and Chattels. To which Judgment all the Lords prefent put their Names. But the Commons fhewed themfelves more chari- table than the Lords j for, coming before the King, March the 5 th, their Speaker in an Oration h^-made to the Throne, took occafion, ' to liken the three Eftates * of the Realm to the Trinity, as confiding of King, ■ Bifhops and Lords, and the Commons i wherein, c add;, he, ought to be Unity ; and therefore prayed ' the King to reconcile the Earl of Rutland and the * Lord Fitz-zvalter (x) . ' Thefe Lords kneeling, at the fame time, and fubmitting themfelves to the Vol. II. E King (x) Sec before, P. 5*. 66 The Tarliamentary History King Henry iv. King's Will, were both pardoned. The Commons ' firft, and the Lords after, pray that the Earl of Somer- fet might have the lame Mercy extended to him as the Earl of Rutland^ and be both reftored to their Goods, Names and Liberties, notwithstanding the Judgment given againft them, prima Regis ; which the King, with Thanks for their Motion, alfo granted. Thefe Earls had forfeited the Titles of Duke of Albemarle and Marquefs of Dcrfet, by that Judgment. The for- mer of them, being Son to the Duke of York, had merited fome Favour by being the firft,tho' inadvertenr, Difcoverer of a dangerous Confpiracy againft Henry (y). Some more Acls of Clemency, to private Perfons, were done in this Parliament, which the King, like a politic Prince, thought proper to gild his Caufe with, and to eftablifh his Throne in Mercy. An Affair of the like Nature with the preceeding, deferves alfo our Notice : It feems, that Henry le Spenfer, the famous Bifhop of Norwich, lb much fpoke of in the Beginning of the laft Reign (z), had been ac- cufed by Sir Thomas Erpingham, then Vice- Chamberlain to the King, of being a Stirrer in the laft Iniurreclions, or, at leaft, a Favourer of that Caufe. The Bifhop was fent for to come before the King in Parliament, and on his Appearance, the King ordered him to be placed in his accuftomed Seat ; then his Majefty declar- ed, * That he took the Accufations of the laid Sir Tho- * mas againft the faid Bifhop to be juft, and to pro- * ceed from the great Zeal the Accufer had for ' him j neverthelefs, confidering the Order of the faid ' Bifhop, and that he was of the King's Lineage, and * to oblige him to better Behaviour for the future, he ' pardoned the faid Bifhop all his Mifprifions done ' againft his Perfon.' The whole Bench of Bifhops Hood up at this, and gave his Majefty their Thanks in open Parliament ; and deli red him to caufe the faid Bifhop of Norwich, and Sir Thomas Erpingham^ to ihake Hands and kifs each other, in Token of Amity. The Commons required the King to affift in pacify- ing (y) He was concern* d n a Plot, with the Earls of Kent, Hunting-, ton,SaUfiury, &c. [Seek. 65] for reftoring King Richard j but it be- ing blown, he fav'd himfelf, by making the firft Diftovery, (xj See Vol. h p. 377. Of E N G L A N D. 67 ing the Schifm then in the Church of Rome, which had King Henry IV, continued a long time, if it could be done without any Charge to this Realm* The Lords alfo defired the fame ; the King anfwered, * That the Bifhops ' mould confider of it.' And, at Home, in order to fupprefs the Reformers, or the Followers of JVick- iffi's Doctrine, which was Hill adhered to by many, a Writ is mentioned in the Records of this Parlia- ment to be fent to the Sheriffs of London for the Burn- ing of William Sawtre, a Clerk, convicted of Herefy by his Clergy, and by them adjudged to be burnt (a). There was alio a Statute made at this Seffion of Par- An Aft forput- liament touching the imprifoning' or punifhing, with p"* t " eretlck$ t0 Death, fuch as held any erroneous Opinion in Religion j but Cotton remarks, that the printed Statute differs greatly from the Record, not only in Form, but much more in Matter, in order to maintain Ecclefiaftical Ty- ranny (b). His Publifher, Prynne, has this Note upon it, < That this was the firft Statute and butcherly Knife, ' that the impeaching Prelates procured, or had, againft f the poor Preachers of Chrift's Gofpel.' Mafter Fox writes, alfo, that King Henry IV. who depofed King Richard II. was the firft of all Englijh Kings that be- gan the unmerciful Burning of Chrift's Saints (c). However, fome other Laws were made in this Par- Another againft liament, of great Ufe and Advantage to the State, viz. Pavilions from * That no Provilions fhould be brought from Rome, Rome * E 2 « by (a) Parifh Prieft o/ St. Ofith in London. Stoive fays, He was the firft Man that fuffered Death for Religion \r\England. The Writ from the King directed to the Mayor and Sheriffs of London, ad comburendum Williel- mumSautre Capellanum, is in Rymer'$F« s officers of Dare, the King's Confeflbr, with Durham and remov'd upon Crosbie, Gentlemen of his Chamber. On February the Addrefs of Par- 9th, the Confeflbr, Durham and Crosbie, came into am Parliament, before the King and Lords, when his Majefty took occafion to excufe thofe Officers himfelf, faying, * That he knew no Caufe why they fhould be 4 removed, but only becaufe they were hated by the c People.' Yet, he charged them to depart from his Houfe according to the Defire of the Commons, and would have proceeded in the fame Manner againft the Abbot, had he been prefent. The Commons prayed, alfo, * That fuch might be appointed Officers of the * King's Houfhold, as were known to be of virtuous ' Life, and that the Lords and themfelves might be * privy to the taking of them. And a War with France being fuddenly expelled, the Commons defired, ' That the Commillion for arraying ' and muftering of Men, and watching of Beacons, * might be amended ; and that from thenceforth there ■ mould be no other Alteration in the Form of it.' To which, the King, with the Aflent of the Lords, and, after Confultation had with the Judges, consented. The Form and Precedent of the faid Commiflion ftands next on the Roll. This Commiflion the Reader will find much canvafled, both by King and Parliament, in our later Civil Diflentions. At the Requeft of the Commons, a Committee of Lords were, particularly, appointed to make fomc far- ther Regulations, who agreed on thefe Articles. < Firft y 8 b The Parliamentary History King Henry iv. ' Firft, that all Foreigners, in the Intereft of the And herRe * Anti-Pope, be not fufFered to be about the King's latum in his™"' Perfon,but bebanifh'd the Realm (/). And, that other Houfhold. « Strangers, who were Catholicks, and particularly ' thofe of Dutchland, [fo tranjlated] be appointed to ' remain upon fuch of the Frontiers of the Kingdom 4 where Gairifons are. ' Next, that all French Perfons, Bretons, Lombards, f Italians, and Bavarians whatfoever, be removed out * of theHoufe from the King and Queen ; except the ' Queen's two Daughters, Maria, and St Miches ; ' Aider and John Purian, and their Wives (m). And * that no Welchman be about the King's Peribn. Thefe Articles were read in full Parliament, Feb. the 2 ill, and confi med by the King, with the Lords Allen t ; and full Charge was given to the chief Officers of the Houftiold, there named, to put them in Execu- tion ; who, that Evening, performed the fame. But, for more Satisfaction to the Queen and her Daughters, the King, with the Confent of the Lords, ordained and afiigned to the Queen, inftead of the Fo- reigners, two Knights, a Damofel, two Chamber- maids, one Miftrefs, two Efquires, one Nurfe, and one Chambermaid for the Queen's Daughters, and a Mefie. ger to wait on them at certain Times. The King's Letters Patents were confirmed by A(5l of Pailiament, by which a Commiflion was granted, that certain Revenues and Cuftoms, there exprels'd, and amounting to the Sum of ten thoufand one hun- dred Pounds, mould be yearly paid to the Treafurer of his Houle, for the Expences of the Family. In which Grant it appears, that the Profits of the Hanaper, in Chancery, was then worth only 2000 1. per Annum. After fettling the King's Houfhold, in the Manner above, the Commons went upon reftoring Peace and Unanimity amongft the Peers and Great Men of the Land. They return'd his Majefty hearty Thanks for extending his Favour to the Earl of Northumberland '; and, (l) BenediEl- XIII. The Englijb -adher'd to Boniface IX. (m) This Queen was Joan of Navarre, Widow of the Duke of Brttagne ; But Henry had no Iffue by her. Of E N G L A N D. 8* and, at their Requeft, the King commanded the faid King Henry Sft Earl and the Earl of Wejlmoreland, in Token of per- feci: Amity, to kifs each other, in open Parliament, thrice, and to fhake Hands as often ; alfo, to promife that their Friends and Tenants fhould do the like. The Earls of Northumberland and Dunbar were like- wife commanded to perform the fame Ceremony. The fame Time, at the Requeft of the Commons, the King in open Parliament, affirmed, that the Arch- bifhop of Canterbury, the Duke of York, the Earl of Northumberland, and the other Lords, who were fuf- pedted to be in the Confederacy with Sir Henry Percy t were all his true Liegemen ; and that neither they nor any of them fhould ever be impeach'd thereof by the King, or his Heirs, at any Time hereafter. Some Matters of a lefs publick Concern, came alfo before this Parliament. The Commons reported that King Edward III. in a Parliament held in the nth of his Reign, created his eldeft Son Duke of Cornwall, and annexed the faid Dutchy to theCrown,with divers Hereditaments, by Letters Patents; and by Authority of the fame never to be difmembered or fold away («). They therefore pray the King to refume, feize, and Dutchy of Corn- unite again to the faid Dutchy fuch Lands as were fold wall re-annex'd away by Prince Edward, King Richard, or by him- t0 the Crown * felf. Which Petition was anfwer'd in EffeCt following : 'It is agreed by the King and Lords, that the Prince, * by the Advice of his Counfel, fhall have his Scire fa- ' cias; or other his beft Means of Recovery ; wherein * fhall be allow'd no Protection, or praying in Aid of ' the King, unlefs it be for Sir John Cornwall, and E- ' lizabeth his Wife, late Wife to John Holland, late * Earl of Huntington ; and for fuch Perfons to whom 5 the King is bound by Warranty ; and in Order to ' render the Value, in fuch Cafes, the Prince fhall fue to ' the King.' There are feveral other Articles relating to the Reftitution of this Dutchy which we fhall omit. At the Petition of Joan, Queen of England, the King granted, that the faid Queen fhould enjoy, dur- several Annul- ing her Life, in Lands and Tenements, to the full ties granted.. Sum of ten thoufand Marks by the Year ; for and in Vol. II. F Confiderarion (») See Vol. 1. P. 23fc 8 a The ^Parliamentary History King Henry IV. Confederation of her Dower, according as other Queens of England had done. Upon the Petition of Edward Duke of York (n\ touching iooo/. a Year, granted by Richard II. to him, and his Heirs Male, the King granted to Edward the faid Duke 400 /. out of the Cuftorns of Kingjion upon Hull, and 289 /. 6 s. 8 d. out of the Cuftoms of London, as Parcel of the iaid 1000/. to him and his Heirs lawfully begotten. John Earl of Somerfet, Captain of Calais, and of the Marfhes thereof, declared, that whereas by Indenture between the King and nim, he flood bound to keep the Town and Caftle aforefaid, taking therefore, for himfelf and his Soldiers, in Time of Peace or Truce 6301 /. n s. 8 d. andinTimeof War 10,509/. 6 s. Sd. whereof he was unpaid 12,423/. 12 s. 4. d. he there- fore for Want of this is much ftreighten'd, and prayeth due Payment for the future. By this the Reader may fee how much Money it coft the Government, in thofe Days, to keep that important Fortrefs in PoiTefli- on. On the Petition of Joan, late Wife to Thomas Earl of Kent, to have 1000/. a Year during her Life, out of the Hereditaments of the faid Thomas, the King, by the Confent of Edmund Earl of Kent, Brother to the faid Thomas, granted to the faid Joan, during Life, certain Mannors and Hereditaments, there named, to the Value of 300 Marks over and above her Jointure, for the which the faid Joan releas'd to the faid Edmund - all her Dower. The Sheriff of Rutland having return'd one William Sheriff fin'd for Ondeby, for Knight of the fame Shire, and not Thomas a falfe Return, de Thorpe, who was chofen, he was commanded to amend the fame Return, by returning Thomas Thorpe ; and farther was committed to the Fleet, and to Fine, and Ranfom, at the King's Pleafure. The Petitions of the Commons occur next, in the Conclufion of this Parliament, but are no ways to our Purpofe. It (n) This Duke was Son to the old Duke Edmund, who died a Year or two before, - '. O/ENGLAND. 83 It is obfervable that not ona Tax or Subfidy appears King Henry IV. on the Record, to have been either asked or granted by the King or Parliament, at this Seflion. But a Cotem- porary Hiftorian has afligned a Reafon for this Omifli- on ; by telling us, that the Record of the Subfidy, which he fays, was new and very pernicious to the Country, was ordered to be burned by thofe that granted it (o). This Tax is faid, by fome, to be twen- Tne Record of a ty Shillings of every Knight's Fee, and twenty Pence o^^hT by of every one that had twenty Pounds Lands a Year, Parliament that and one Shilling in the Pound for Money or Goods, granted it. and fo upwards according to that Rate (p). If this be true, it was a heavy Tax indeed, and it is more than probable, that it was fomewhat extraordinary, fince the Parliament took fuch Care that it fhould not be drawn into Confequence, by deftroying the Evidences of it. But, in vain are Precautions taken, fays a late Hiftorian, to bury in Oblivion fuch Sorts of Precedents, which Princes, upon Occafion, too frequently call to Remembrance (g). The Records, however, prove one Thing remarkable, that in the Statutes at Large, Cap. xv. 5 th Henry IV. the Act for a general Pardon, there, differs from the Record, in Effect, as wanting the fignificant Word, Treafon, as likewife in Form (r). In the fame Year of this King, new Writs were if- fued out, directed as ufual, for a Parliament to meet at Coventry, on the Third of December j tho' there is no Account of any Proceedings at it on Record. But in the next Year, other Writs erne out for fummoning another Parliament to meet at the fame Place, dated at Litchfield, Augujl 25, and returnable the 6th of Oclo- F2 ber (0) Tbo. Walfingham. His Words are thefe ; Concejfores ipjl et Au- " tbores diBi Tallagii, in perpetuum Latere Pojleros voluerunt ; nempe tub ea. tantum Conditione concedebatur , ne traberetur pojieriut in Exemplum, vec fervarentur ejus Evidently in Tbefauraria Regia nee in Scaccario, fed Scriptura vel Recordations cjufdem, protinus poji datum Ccmpotum crema- rentur. Hift. Ang. p. 369, 370. Stowe's Cbron. p. 330. (p) Rollingjbead' s Chron. 5x4. Daniel in {Zeimet, 289. (q) Rapin, Fol. Edit. 495. (r) In the Statutes at Large, 5th Hen. IV. Cap. vi. is the Act for laying a Penalty on any who make an Aflault on any Servant belonging to a Knight of a Shire, attending the Parliament, wtiich is the frj}j23 •f Privilege we have met with, Anno Regni 6 1405. At Coventry. 84 The ^Parliamentary History King Henry IV. her (i). Being all met in the Great Chamber within the Priory of Coventry, which was appointed and orna- mented for that Purpole, Henry Beaufort, then Bifhop of Lincoln, and Lord Chancellor, the King's Brother, in the Prefence of the Three Eftates of the Realm, de- clared the Caufe of the Summons, in the ufual Pre- amble ; for Holy Church, Corporations, and Perfons enjoying their Liberties ; and then gave out this Text, Rex vccavit Seniores Terns, on which he learn- edly argued, ' That for the Safety of the Realm, both within and ' without, and particularly, for reprefling the Welch * Rebels ; for refilling their Enemies in France and ' Brhainy, who were daily- getting Reinforcements, * in order to invade the Nation, and to fubvert the * State; for the due Obfervation of the Peade and * Administration of Tuftice, the King had called the ' Wife Men of the Realm to be by them advifed for ' the beft. That the lalt Parliament had not pro- ' vided a fufficient Force for fubduing the Welch, nei- * ther was there a Competency granted for the Perfor- *■ mance of fuch great Exploits ; and becaufe the * French had determined to make War upon England^ * and had 'then actually invaded Guienne, they could ' not wonder at the fuddeti Calling of this Parliament, ' fince they ought fpeedily to determine for the avoid- ' ing of thefe fo great Mifchiefs and imminent Dan- * gers.' He then urged the Commons to chufe a Speaker, and prefent him the next Day to the King. This urgent Demand was as fpeedily complied with by the Commons ; for the next Day having prefented Sir William Sturmey for their Speaker, the very Day "after, Oclober 8, they, with the Affent of the Lords, granted the King two Tenths and two Fifteenths, alfo, the Sir William Sturmey chofen Speaker. (s) This Year another Infurrefrion was raifed againft Henry, of which the Archbiihop of York, Richard Scrope, the Earl of Northumberland, 1'bcmas Mowbray, Earl Marihal, were the Principals. The Articles mentioned before, [See P. 73.] were again renewed againft Henry, and publickly fixed on the Church Doors in the City of York. But, by a Stratagem ufed by the Earl of Wejlmoreland, the Kiig's General, the Archbiihop and Earl were taken and beheaded, whilft the Earl o£ Northumberland found Means to fly into Scotland, Of E N G L A N D. 85 the Subfidy on Wools, Wool-fells, and Skins ; that- is, King Henry IV. of every Denizen, for each Sack of Wool 43 s. 4 */. for every 240 Wool-fels the like Sum, and for every Laft of Skins Five Pounds : Of Aliens 10 s. more, to fubfift for two Years ; Three Shillings on every Tun of Wine, imported or exported, and Twelvepence in the Pound on Merchandize. On Condition, that the fame mould be employed, only, towards jhe Main- tenance of the Wars, and Defence of the Realm ; and the Lord Fur nival, and Sir John Pelham, Knights, A Subfidy gr»n> were appointed 7>eafurers of War, ' who were then ted « fworn to execute their Offices according to the Inten- tion of the Grant. ^ Several Bifhops and Lords . offered to lend certain Sums of Money, in order to raife Forces for refcuing the Lord of Coytiff, who was then- befieged in his Cattle by the Welch Rebels ; the King appointed, by Confent of Parliament, that fuch Loans mould be re- paid out of the firft Payments of the Subfidy then granted. On the 26th of October the Commons came before the King and Lords, in full Parliament, and begged Several Gra»tr. Leave to recommend the young Lords John and Hum- phry, two of the King's Sons, for his Advancement of them to honourable Eftates and Livings. They, alfo, prayed the King to remember the Duke of Tort's late * Service in Guienne, and elfewhere, fo as he might be paid the Arrears due to him. The like Requeft they made for the Earl of Sonierfet, and Sir Thomas Beau- fort Jnis Brother. Laftly, They befeeched the King to reftore to Richard, Brother to the Duke of York, certain Jewels, to the Value of 4000 /. which were in the Hands of King Richard II. They, likewife, con- curred in the Requeft above, for the Refcue of the Lord of Coytiff. If what an Ancient and a Cotemporary Hiftorian (t) writes be true, there is a great Defect in the Recdrds relating to ibme confiderable Tranfaftions which were carried on againft the Clergy in this Parliament ; for there is not one Word in Cotton's Abridgment faid a- F 3 bout (?) Th. Walfwgbajn fub ho« Anno. King Henry IV The Laymen's Parliament. Motion for ap- plying the Re. venues of the Church to the Service of the State. 8 6 The Tarltamentary History bout it. It is probable, that fince the Defign mifcarried, the Clergy had* Intereft enough to keep it out of the Rolls. But, be that as it will, 'tis agreed that the Court had been tampering in the Elections this Parlia- ment, to get fuch Members returned, as were not over favourable to the Intereft of the Church. An Error in .Government, tho' made a principal Article againft King Richard^ yet over-looked in King Henry («). The aforecited Author relates, That the King dire&ed the Sheriffs, in his Writs for ele&ing Knights of the Shire, to chufe none that were any way learned in the Laws of the Land ; but that they mould fend fuch to this Parliament as were wholly ignorant in the Courfe of either Canon or Civil Law ; which was done [x). From whence this Parliament got the Name of Parlia- mentum Indoclorum, the Illiterate or ilack^KlearninjJ parliament* But it is more probable it was nick- named fo, fome Time after, by the Clergy, on Ac- count of the Defigns there carried on againft that learn- ed Body ; for we find that other Authors call it the * %%ymm'8 parliament (y). However, our former Authority goes on and writes, that when the King firft reprefented to this Parliament, fo compofed, his great Want of an extraordinary Aid, the Commons went in a Body, and, by their Speaker, addrefled him, remonftrating, ' That without bur- ' thening his People, he might fupply his Occafions ' by feizing on the Revenues of the Clergy.' They fet forth, * That the Clergy poflefled a Third Part of the ' Riches of the Realm, and not doing the King any ' Perjonal Service, it was but juft they fhould contri- c bate out of their Revenues, towards the preffing Ne- *. ceflities of the State : That it was evident, the Riches ' of the Ecclefiafticks made them negligent in their c Duty, and the LefTening of their exceilive Incomes ' would be a double Advantage both to the Church ' and State. The King received this Addrefs in a Manner as fhewed («) Daniel "mKennet, P. 290. Rapin, Fol. Edit. P. 495, 496. (x) Direxit ergo Brevia Vicecemitibus, ne quofquant e Comitatibus elige • rent quoyifmodo Militet, qui, in Jure Regni, vel Dodi fuiflent vel Ap- prentice ; fed tales omnino mitterentur ad hoc Negotium, quos conflaret ig- norare cujufque Juris Metbodum ; faclumque ha eft. Waiiingham, p. 371. (j») Steve's Cbron, p. 330. Speed, p. 619. Of E N G L A N D. 87 fhewed that it was not difagreeable to him ; and it is kw Henry IY, not unlikely that it was he who, covertly, was the firft Mover of it. The Archbifhop of Canterbury be- ing prefent, thought it his Duty to fpeak on an Occa- lion where his own and the Intereft of the whole which is oppofei Clergy was concerned. He reprefented to the King, by theArchbi- * That tho' the Ecclefiafticks ferved him not in Per-* ? of Cant«- ' fon, it could not be inferred that they were unfer- ^ * viceable, fince they fent into the Field their Vaflals ' and Tenants whenever there was Occafion. That * the ftripping the Clergy of their Eftates, would put ' a Stop to their Prayers, Night and Day, for the " Welfare of the State •, and there was no expecting * * God's Protection of the Kingdom, if the Prayers of - e the Church were fo little valued.' Upon this, the Speaker of the Commons feemed to fmile, and faid openly, f That he thought the Prayers of the Church ' a very flender Supply (z).' To which the Archbi- fhop anfwered, with fome Emotion, ' That if the ' prayers of the Church were fo flighted, and that ' other Confiderations were not capable of fupprefling 4 the Plots againft the Clergy, it would be found diffi- v ' cult to deprive them of their Eftates without expo- * pofing the Kingdom to great Danger ; and, fo long ' as he was Archbifhop of Canterbury, he would op- * pofe this Injuftice to the utmoft of his Power.' Then, fuddenly, falling on his Knees before the King, ' he * ftrongly prefled him in Point of Confcience, and en- * deavoured to make him fenfible, that, of all the ' ' Crimes a Prince could commit, none was fo heinous * as an Invafion of the Church's Patrimony.' Whether Henry was moved with the Archbifhop's Speech, or that he forefaw the ftrong Opposition the Clergy would make, and that he could not, without great Difficulty, accomplifh his Defign, he fuddenly changed his Purpole, and refolved to defift from it. He anfwered the Archbifhop, « That, though he blamed * not his Zeal, he could not help faying, that his * Fears were groundlefs ; for when he mounted the F4 ' Throne, (z) Waljingham fays, that this Speaker was called Sir John Cheney, who having, as 'twas faid, taken Deacon's Orders, had deferted his Character, and* turned Soldier, P. 371, 372. But by the Record he is called Sir William Sturmey, 88 7 he Parliamentary History King Henry IV. c Throne, he made a firm Refolution to fupport the * Church with all his Power, and hoped by God's 6 Afiiftance to leave her in a better State than he * found her.' The Archbifhop, encouraged by this Anfwer, turned to the Commons, and fpoke to them in a Manner not very proper to gain their Goodwill, telling them their Demand was built wholly on Ir- religion and Avarice. ' You, fays he, and fuch like ' as you, have advifed both our Lord the King and his '* Predeceflbrs, to confifcate the Goods and Lands of * the Alien Priories and Religious Houfes, on Pretence ■ he fhould gain great Riches by it, as, indeed, they ' were worth many Thoufands. Notwithftanding, it ■ is mod true, that the King is not Half a Mark the 6 richer for them all ; for you have extorted, or, at * leaft, begged them out of his Hands, and have appro- * priated the faid Goods to your own Ufes. So, it ' may well be conjectured that your Requeft to have * our Temporalities, proceeds not fo much for the * King's Profit, as for your own Covetoufnefs. For, * without Doubt, if the King, as God forbid, mould ' fulfil your wicked Purpofe, he would nor be one ' Farthing the richer for it, at the Year's End. And, * verily, adds he, I will fooner have my Head cut off", * than that the Church mould be deprived of the leaft * Right pertaining to it. The Commons made no Reply to this fevere Re- primand, but when they came back to their Houfe, This Projea A. me y revived to perfift in their Petition, and brought ven up, and a in a Bill tc feize the Clergy's Revenues. But, there gupply voted. W as no Probability of fucceeding in their Project ; the Solicitations of the Archbifhop, and the reft of the Pre- lates, were fo prevalent with the Lords, that they threw out the Bill ; and fo the Commons were forced to find other Means to fupply the King's Occafions(tf). Some Petitions of the Commons in this Parliament Petition 3 That all Hereditaments, Liberties, and Cu- floms [a) Waljingham fays, that the Knights and Burgefies were fo aftiam- ed of themfelves, that they confefied their Fault to the Archbifhop, ?nd asked his Pardon. And, That the Clergy granted the King at this Time a Tenth and an Half, notwithftanding that the Half of the laft granted Tenth was yet unpaid. P. 372, Of E N G L A N D. 8;> ftoms as pertained to the Crown in the 40th Year of Ki ng Henry iv. King Edward III. and have been fince by any Means granted, be refumed into the King's Hands for ever ; provided that all Towns (hall enjoy their Liberties, except alfo the Lands of fuch as were forejudged in the nth of Richard II. and fold away. Petitions of the Pet. That all Tuns and Pipes of Wines granted to Commons, any Perfon by the King, 'or any of his Progenitors, be alfo refumed. Pet. That the Queen may be endowed of all fuch Hereditaments as Anne the late Queen was, in whofe Hands foever the fame be, and by what Grant foever. Pet. That all Grants of King Edward III. or any of his Progenitors, and before the faid 40th Year, may be confirmed by Parliament. Pet. That no Man be reftrained of any Warrant granted to build any Caftle, or Caflet, or to inclofe any Park. Anfwer. The King will execute their Requefts, as far forth, as by the Law, and his Prerogative he may- do, and for that the Lands of the Crown in the 40th Year of Edward III. were not certainly known : He would appoint certain Commiflioners to enquire, and execute the fame. 'Tis enadled, that Proclamation be made, that all fuch as have any Patents granted fince the 40th Year of Edward III. of any annual Value for Life, or Years, do, on Pain of forfeiting the fame, bring them in by a Day there prefcribed, to the End that fuch as deferve the fame, may have Continuance, and the reft revoked. Upon the Petition of Henry Prince of Wales it was ena&ed by the Lords, that the faid Prince mould have due Payment made of One Thoufand Marks granted to him for the keeping of certain Men at Arms for the Defence of Wales. On the laft Day of this Parliament, the Commons prayed, That the Money borrowed for faving of the Honour of the Lord John, the King's Son, and the Eftate of the Realm may be anfwered : That the King would confider the painful Service of the Duke of York, whilft he was the King's Lieutenant of Guienne, and that he may be paid what to him is due i and alfo to remember $o The ^Parliamentary H i s T o r r King Henry IV. remember Sir Thomas Erpingham(b), Sir Thomas Bemp- fon, John Northbury, and other valiant Knights and Efquires, who adventured themfelves with the King at his coming into the Kingdom. Likewife, That no Stranger born be a Cuftomer, or the like Officer, neither enjoy any Benefice within the Realm. And, that no Members of the Commons Houfe be Collectors of Sub- fidies. The King's A nfwer to the Four Firft, was, The King will he advifed : And to the Laft, It Jhall be as in the Reign of Ed ward III. Laftly, At the Requeft of the Commons, the King remitted Six Shillings and Eightpence of every Sack of Wool, and the like of other Staple Commodities of the Grant made in the 4th Year of Henry IV. by Reafon that fo much was mif- entered in the R.oll. There were feveral other Petitions arid Anfwers upon lefs Affairs, which, being read, the Chancellor, by the King's Command, returned his Majefty's Thanks to them all, and diffolved this Parliament. In the feventh Year of this King's Reign (c), Writs AnnoRegni 7. were jfl ue d, dated 2 1 ft December ; for a Parliament to At Weftniinfter. meet at Coventry on the 15th of February j but on the ift of January, Writs were iflued for their Meeting at Gloi'cejier on the Day firft appointed : And on the 9th of February, Writs were a third Time iflued for their affembling at Wejiminfler on Monday in the firft Week of Lent, or March the firft that Year. Being all met at Wejiminfler, according to the laft Prorogation, in the Painted Chamber of the King's Palace there, Tho- mas de Langley, Clerk, then Lord Chancellor, opened the Caufe of the Summons, and after making the ufual Declaration about the Liberties of Holy Church, &c. he took for his Subject thefe Words, Multorum Confi- lia requiruntur in magnis ; and faid, * That (b) He was Warden of the Cinque Ports, Anno 23, Richard II. and was fummoned to Parliament as fuch, in the firft nine Years of Henry JV. Nor was there any Perfon fummoned as Warden in this Reign, but JlCnry Prince of Walx, in the Eleventh Year. (c) Dugdale's Summons to Parliament, P. 372. This Author and Sir Robert Cotton differ oftentimes fo much in their Dates of Summons, that it is hardly poflible to reconcile them. Dugdale fays, there were no Summons in the Sixth of this Reign ; contrary to Walfingham, Cotton, and the Statutes at Large, which mention feveral A&s p*ls'd in that very Year. Of ENGLAND. ^i • That in the weighty Affairs relative to the good Kf ng Henry IV. c Government of the Realm, and Safety of the Sub- ' jects, which were annoyed by the Rebellion of the * Welch, and likely to be invaded by the French and ' Scots, who ceafed not to infeft Gulenne and the ' Marines of Calais ; befides the Troubles raifed by the * Irifh, he had called the fame Parliament, as meaning ■ to follow the Counfel of the Wife, faying, Fill nil ' fine Confilio facias, et tunc pofl Factum non pasnitebit ; ' wherein he purpofed to begin, alfo, with the Example * of Ahafmerus, £$ui interrogavit Sapientes, et illorum 6 cauta faciebat Confilia. In which Confutation, he ' declared to the King, Lords and Commons, that if * they would obferve the Laws of God, they might * then aflure themfelves to find Peace at Home, and * Victory Abroad/ The Receivers of Petitions being appointed, the next. Day the Commons came before the King and Lords, and prefented Sir John Tibetot for their Speaker, who Jj *£j£ ihe * excufed himfelf on account of his Youth, and other Speaker. Caufes ; but the King confirmed the Election. The very fame Day the Commons, with the AfTent of the Bifhops and Lords, granted a Subfidy of one Tenth and one Fifteenth, to be levied on the Laity for one Year ; and, befides, they gave to the King, in other Matters, the fame that was granted in the laft Parliament. M.Rapin makes a fine Flourifh here (d), ' ThztHenry ' was denied an Aid of Money in this Parliament, and ' was flatly told there was no vifible Occafion for it : ' That the King was extremely offended at this De- '« ' nial ; but, however, durft not fhew his Refentment, ' for fear of exafperating them : Mean while, he de- 1 vifed an Expedient, which procured him what he * wanted. This was to keep the Parliament aflembled, * till they mould, of their own accord, be brought to ' grant his Demand. So, without any frefti Applica- ' tion he continued the Seflion, till the End of Auguft. ' This, adds he, was very inconvenient to the Mem- ' bers, who had Bufinefs at Home, and withal very * expenfive to the People who were to bear their * Charges. At length the Commons, impatient of * returning (J) FoL Edit. P. 498. A Miftake of Mr Rapin. 9 2 The Tarliameittary History fCing Henry iv. « returning to their Homes, voted him a Subfidy, not * without loud Murmurs at the Conftraint laid upon * them.' Thus, do fome Hiftorians fet off their Labours in glaring Colours and pompous Expreflions, in order to take the Eye, and divert the Ear of their Readers ! There happens to be little or no Truth in all this Parade of Words, which our Frenchman gives us ; for there was no Demur at all in the Parliament's granting an Aid. On the contrary, it was given much fooner than ordinary, and in a very unufual way ; being granted on the very fame Day the Commons prefented their Speaker, or the fecond Day of the Seflion. It is true, indeed, this Parliament was continued by Prorogation for a much longer Time than Rapin fpeaks of ; but it was not for the Reafon he mentions, but, as it will appear in the Sequel, on a quite different Occafion. If Walfmgkam lead him into this Miftake, as his Marginal Note feems to infer, Cottotfs Abridgement, which is alfo quoted in the fame Place, would have fet him right again, if he would have taken the Trouble to confult it. It was not till March 23d, that the Commons came before the King again, when Sir John Tibetot, their Speaker, made the common Proteftation, and requir'd a Confirmation of all their Liberties and Privileges, and that they might at any Time fend for any of their Bills from the Lords, for Amendment of the fame ; which was granted. The fame Day the faid Speaker, before the King, made feveral Memorandums for good Government, namely, for confirming all their Liber- ties, for fafe keeping of the Sea, and for providing for the Defence of Guienne, which was in Danger to be loft. On the 3d of April, the Speaker required of the King, that the following Regulations might be enter'd on Record, viz. 1 That for the better refilling of the Welch Rebels, * the Prince might refide in Wales, and have fufficient ' Power given him, by Commiflion, for that Purpofe.' ' That no Heritages, conquered from the Welch, be 1 given away till one Quarter of a Year after.' The King The Speaker prcpofes feveral Regulations in tike Government. Of ENGLAND.' 93 King anfwered, « That he would not grant any with- K i ng Henry iv. * out Advice.* * That the Time for banifhing all Frenchmen and * Bretons out of the Realm, be appointed.' It was an- fwered, * It (hall with all convenient Speed.' * That it would pleafe the King to excufe the Com- ' mons, in that it had been reported, they had talked ' of the King's Perfon, otherwife than befeemed them, ' which was untrue.' The King anfwered, * He be- 4 lieved the fame.' Then a Committee of both Houfes was appointed, to treat about the Safeguard of the Sea, who agreed upon the Articles following : * I. That the Merchants, Mariners, and Owners of ' Englljh Ships, mail find and provide fufficient and * able Ships for 2000 Fighting Men, and 1000 Sea- * men, for a Year and a half. To anfwer which Ex- * pence they fhall have allow'd, upon Account, 12 d. * in the Pound on Merchandize, and 3 s. 5 d. *■ upon every Tun of Wine ; with the fourth Part of c the Subfidy on Wools, Wool-fells, and Skins, grant- c ed in the laft Parliament ; and that the Merchants, in * levying the faid Sums, mould have Warrants under ' the Privy Seal as oft as there was Occafion. * II. That the Merchants fhall enjoy all fuch Prizes ' as they fhall take, having due Confideration for the , * King's Captains when he fhall appoint any. * III. That if the Royal Navy of the Enemy fhall * happen to be at Sea, and the King make out againft ' them, then the Merchants aforefaid fhall have one * Month's Notice to provide. * IV. The Merchants aforefaid fhall have reafona- * ble Warning of any Peace or Truce to be made; af- * ter which they fhall have due Confideration for all * their Charges. - , 1 V. That the Merchants name two Perfons, one ' for the South and the other for the North, who, by c Commiffion, fhall have the fame Power as other Ad- ' mirals have had on the like Occafion. * Laftly, the Merchants demanded 4000 /. for the s prefent, but the Anfwer was, the King had it not(VJ. The («) The King's Writ Jo fte Mayor and Sheriffs ofLtndsn, with a full Account P4 7he Parliamentary History King Henry IV. The fame Day tne Kin S\ for certain weighty Rea- ' fons, as the Record exprefleth it, adjourned the faid Parliament, from that Day, unto the Quindene of Eajler, next enfuing, to be holden at the faid Place, at Wejhninjler ; and licenfed the Lords and Commons to depart for that Time. The Day appointed was the 25th of April, that Year ; when, becaufe the Archbifhop of Canterbury, with feveral other Bifhops and Lords, were not yet come, the Parliament was again adjourned for four Days more. At the Meeting, the Speaker of the Commons prayed the King, that, under his Protection, he might be allowed as great a Liberty of Speech, as any of his Predecefibrs ever had, which was granted. They then requefted the King to appoint certain Per- fons, by Name, to be of his Council ; and that by Authority of Parliament. They required, that Provi- fion mould be made for the great Dearth at Calais ; that all Captains beyond the Seas be commanded to repair fpeedily to their Forts and Ports, as the Earl of Somerfet was about to go to Calais ; and that Richard Cbildero one of the Admirals for the Sea, might be or- dered to go thither ; all which the King granted. Some more private Affairs next follow in the Re- cord, which we chufe to omit. This Parliament con- tinued fitting till the 7th of June, when the famous Act was palled for entailing the Crown of England, with all the Hereditaments and Rights whatfoever, on the Sa C by°A n a of P refent Kin S> and the Helrs Male of his Bod >> law " Parliament. fully begotten. In like manner, it was entailed on the Prince of Wales, and, for default of his Iflue, on the Lords Thomas, John and Humphrey fucceffively {/)'. But our Abr'idger remarks, that the Conveyance is crofied on the Record j and on the Margin of it is wrote Vacat j yet this Conveyance, he adds, was exemplified under the Great Seal, at that Time. W c Account of this Agreement of the Merchants, is in the Public Ails. The like Writs are directed to the Chief Officers of all the Cities and great Towns in England. Tefte Rege apud Weftmonafterium fexto Die Aprilis. Feed. Ang. Tom. VI 11. P. 437. There is another Inftrument in the faid Public ABs under this Title } DeAdmirallo conflituto per Mercatores Regi nominato. Jbid. P, 43J/» (/) J"* 1 " the third Sou is omitted, by Miftake in Cettta, Of E N G L A N D. 93 We (hall make no Remarks of our own on this ex- King Henry IV. traordinary Act of Parliament, for fettling the Succef- fion, and limiting of it to the Heirs Male only ; though we have not met, in the Courfe of thefe Enquiries, with an Ad of this Nature. We fhall only fay, that the Exclufion of the Females, from fucceeding, of any Line, whatfoever, was a tacit Difherifon of the Houfe of York ; who, as the Reader will find in the Sequel, claimed} only, from that Source. The Commons required, ' That certain Perfons may c be appointed Auditors, to take and examine the Ac- * counts of the Lord Furnival, and Sir John Pelbam i * madeTreafurers of War in the laft Parliament/ They required alfo, * That three Parts of the Subfidy granted to 6 the Merchants for keeping the Sea, be paid to them ; * and that the fourth (hall only be employed for the ' Defence of the Realm. That all Aliens may avoid * the Kingdom, except thofe that are made Denizens, * or Men of the Church, impotent Perfons, oxDutch- * men. That all Lands and other Profits, let out for ' Life, or Years by the King, or his Progenitors, may * be improved to greater Value. Laftly, that all the 1 Revenues and Profits of the P.ealm, granted fince ' the Beginning of the Parliament, may be refumed ' into the King's Hands, and referved for the Mainte- * nance of his Houfe ; and that all the exorbitant * Charges of the Houfhold be fpeedily retrenched.' On the 19th of June, the King, again, adjourned this Parliament from that Day to the ^uindene of St. Michael, or the 15 th of Oftober following. On which Day the Parliament being again aflembled, was farther adjourned for four Days more, to give Time for fome Lords and Commons yet to come up. And it was not till November 17 th, that Sir John Ti- beiot, Speaker of the Commons, came before the King, and required a Confirmation of his firft Proteft, which was granted. And, upon a Motion of the laid Speaker, the King charged both Lords and Commons, on their Allegiance, that they mould, particularly, enquire concerning any evil Government, and prevent it for the future. The fame Day the Speaker required that the Caftle of Manlion, which was the Key of the three. $6 The 'Parliamentary Histort KingHenry IV. three Kingdoms, and which was kept by Sir Charles de Navarr, a Foreigner, might be kept by Englijhmen only. * That all Fines and Ranfoms of the IVelch- ' men may be employed in thofe Wars. That the ' Prince may be fent into Wales with all Speed, con- ' fidering the Rebellion of the Earl of Ncrthumber- * land and others (f). That certain Caftles might be * kept as Hoftages for the Earl of Dcuglafs ; and that ' the other Scotch Prifoners mould not be ilightly given 'up, confidering, as they laid, that they were the c Flower of all Scotland.' In this Seffion of the fame Parliament, the Convey- ance or Act of Settlement, mentioned before, was re- pealed, and another Act was made upon it, whereby the Crown is entailed upon the King and his Sons, in general Tail, &c. M Ra * vr ^ r R~ a P' m nas bellowed a great deal of Hiftorical marks on that" Learning on the pafling and repealing of the laft, and Settlement. making this new Ac~t of Settlement ; wherein the Ar- guments pro &? con-i about the Right of Females fuc- ceeding to the Crown of England, is learnedly difcuf- fed (g). We mall re ! erour Readers to that Author for the whole of the Arguments on the Queftion, and con- tent ourfelves with making fome Obfervations from him, on the Statute before us (h). He fays, 4 That * when Henry IV . mounted the Throne, he pretended ■ to be the next Heir of Richard II. by which he ' feemed to make no Account of the Earl of March's ■ Right, defcended, only, from a Daughter (/). And, ' indeed, fuppofing the Invalidity of the Female Right, ' it could not be denied, but that he was nearer than * the Earl of March, who was fet up againft him* , ' But this pretended Invalidity was a Point not de- ' cided ; for the People were generally of Opinion, ' that Daughters had a Right to the Succeflion, lince, ' without its being neceflary to alledge Examples or * Precedents in their Favour, it was fufficient that there ' was (f) The Earl of Northumberland had revolted again, but had been forced to fly, with the Lord Bardolf, into Scotland for Protection. Eeing betrayed there, they fled into Wales, and joining with Owe* Chndour , were then become formidable. . (g) Rapin, Fol. Ed. P. 498. (b) Statutes at Large, An. 7. Hen. IV. Cap. 2. (i) See Vol. 1. P. 387. and in this Volume, P. z* O/ENGLAND. 97 c was no Law to exclude them. Upon this Founda- K i n gH enry |^; * tion the late Rebellion was railed, as appeared by the * Manifefto the Rebels publifhed. It is therefore very 4 likely, that, to remove this Pretence from the Male- * contents, Henry would have had this Point fettled by > * an Act, which in excluding the Daughters, and their * Iflue, feemed to infinuate the reigning King afcend- ' ed the Throne, purfuant to the cuftomary Laws of * the Realm. But this Act, which, fays our Author, ' was extorted the fame way as the Subfidy, lafted but * till the End of the Year. The next Parliament, * {ftitt fnijlaking, for it was all the fame] made fuch ' * ftrong Remohltrances to the King, that he confented * to the Repeal. This Parliament, not fatisfied with * leaving the Right of the Daughters in its former * doubtful State, pafled a new Act, whereby the Fe- c males and their Pofterity were eftablifhedin their na- * tural Rights. Our Author concludes with obferving, * that the Precaution taken by the King to fecure his ' Right in the firft Act, was extremely prejudicial to his * Pofterity. He thereby gaveOccafion for thefecond, ' which ftrengthened the Title of the Earl of March ; * and, confequently of the Houfe of York, who became ' Heirs to that Prince.' We fhall make no Apology for inferting this long The foregoing Quotation, from an Author of fuch Eminence in Hi- Settlement re- ttery; and, where he is right in his Points, fhall al- gj£ £* J", ways give him his due Praife. A Matter of that great crown in Gene- Moment, as the Succeffion to the Crown of England, «l Tail. fettled by Act of Parliament, muff, not be flightly pafs'd over, in thefe Enquiries. We fhall, therefore, give our Readers an Abftradt of the Statute itfelf, as it is publifhed in the Collection of Public Acls, tranflated from the Latin ; which, with the Names of the Bi- fhops, Abbots, and Lords, &c. who figned the faid Act, may ferve to conclude our Account of this extra- ordinary Proceeding (/). HENRY, by the Grace of God, &c. It begins with a Recital of the Act made laft Seflion of Parliament for fettling the Succeffion on the Male G Line, (/) Feed, Anglic. Tom, VIII. P, 462, 463, 464. 5)8 The Parliamentary History King Henry IV. Line, only, as aforefaid. Then adds, Neverthelefs, be- caufe the Prelates, Lords, Clergy and the tvhole Cont- mun'ity of England, confidering, that the /aid Statute, by excluding the Female Line, too much contracted the Right of Succejfion, which they rather fought to enlarge ; they unanimously petitioned us, with more than ordinary Zeal, to annul and make void the faid Statute, and topajs an Acl for fettling the Right of Succeflion in Henry, my Son, ana Heir, and the refi of my Sons, and their Children, lawfully begotten, fuccejfively. We, therefore, judging the /aid Requejl to be confo- nant to Right, do annul and make void the faid former Statute ; and, with the Confent and by the Authority of the faid Prelates, Lords, &c. in Parliament affembled, do ordain, eflablifh, &c. the faid Henry our Firjl-born Son, our true, lawful, and undoubted Heir, and univerfal Succejjor, to our Crowns and Kingdoms of England and France, and to all our Dominions beyond the Sea what fever ; with all their Rights, Appurte- nances, Privileges, &c. belonging thereto; and after him, fuccejjively, to the Heirs of his Body lawjully begotten for ever. \ For Failure of this, in like Manner the Settlement eftablifhes it on Thomas the King's fecond Son, and his Heirs, fcfr. then to John and Humphrey his third and fourth fucceeding. Provided, That by this Statute or Ordinance, we intend not to change or alter the Succejfion to the Rights, PoffeJJions, Honours and Cuftoms, with all other Appur- tenances, belonging to the Dutchy of Lancafter ; but that the faid Rights, &c. may remain as they have been ac- cuflomed, this or any other Statute made in this Parlia- ment, notwithflanding. Whick is fub- In Tefiimony of which not only our Seal, but the Seals fcrib'd by the f a u fa Lords Spiritual and Temporal aforefaid, for * themfelves, the Clergy and Community aforefaid, are put to thefe Ptefents. Bishops. Nicholas, Bifhop of London, Thomas, Archbifhop of Henry, of 'Winch ujler. Canterbury, Primate of John, of Ely. England, Thomas^ of Durham. Robert, 0/ E N G L A N D. s>9 The Prior of Coventry j £i"6 & nr 5r IV. And Walter ; Prior of the Hofpi- pital of 5/. "John of jf** rufalem, in "England. R obert , Bifhop of Ch'uhejler. Richard^ of Salifbury. Guy, of &/. David's. John, of Coventry and £/'ta&- field. Richard, of Worcefler. Richard, of &z/£ and /F>/A. Robert, of Hereford. Philip, of Lincoln. Thomas, of Landaff-, and William, of CarliJJe. The Guardians of the Spi- ritualities belonging to the Archbifhoprick of r*r£, and to the Bi- fhopricks of Norwich and Rochejler. The Abbots of Wejlminjler. St. Mans. Waltham. Peterborough. St. John, in Colchejler. St. Edmund's Bury. Abyndon. St. Mary's, York. Croyland. Bardoney. St. Bennet, of Hulm. Glajlenbury. Malmfbury. Redyng. Thorney. Selby. Battel. Cirencejler. St. Peter's, Glocefter. Eve/ham. Ramefey. Hyde, near Winch efler. Winchecumbe. Dukes. Edmund, Duke of York* John, of Somerfet. Edmund, of Kent. Earls. Thomas, Earl of Arundel. Richard, of Warwick. Edward, of Devon/hire. Michael, of %^/£. Richard, of Oxford ; and, Ralph, of Weflmoreland. Barons. William, Lord &«. Richard, Lord Gr An, 7. Hen. IV. Cap. xv.- 1 06 The Parliamentary History KiogHwry iv. Counties of Carmarthen and Cardigan, and elfewhere, in the Principality of South Wales, forfeited to the King by his being an Adherent to Owen Glendour, Re- bel and Traitor ; and, alfo, the Office of Keeper of the Forefts of Waybridge and Sapley in the County of Huntington, without any Fee or Out-Payment. And, further, the King gave to the faid Sir John the Goods and Chattels of Peter Prifwick, Carpenter, a Felon, amounting to one hundred and fifty Pounds ; all which muft be allowed a truly Royal Donation (p). Mr Prynne makes an Obfervation again at the End of this laft Seflion of Parliament, to this Purpofe, * That the Commons young Speaker took more upon c him, and fpoke more boldly and fervently to the * King and Lords, than any Speaker had done before * him. Which Innovation, beginning to grow in * Fafhion, the King and Lords thought proper, in a * iucceeding Parliament, to put a Check upon, as a * Novelty incohfiftent with the King's Prerogative. * That the Speakers afterwards, became more mcdeft, 4 and did not fay any Thing that was difpleafing to the * King i or, if they cafually did, to pray that it might * be imputed, only, to their Ignorance, and not unto the * Commons? It is further remarkable, that this is the longeft Parliament we have yet met with ; for, tho* it is not exprefly faid when it was diflblved, yet we may well fuppofe, by the three Prorogations, that it continued near a Year ; which was an Innovation, in the ancient Conftitution, taken Notice of by feveral Hiftorians as a great Blot in this Reign. Hollingjhead, in particular, fays, that the long Continuance of this Parliament was a great Lofs and Damage to the Com- monalty ; for the Expences of their Reprefentatives was, almoft, equal, in Value, to the Sum that was de- manded for the Subfidy {q). On the 20th of Oclober, in the fuccecding Year, another ( p) He was afterwards made Earl of Worcejier. Dugd ale's Barn, wge. (q) HoHiftgJbead's Cbron. P. 531. J. Strive writes, that the Foreign Servants, which came with the Queen out of Bretagnc, were by this Parliament banifhed the Realm ; as, alfo, two of her Daughters, which fhe had by her formor Kufiiand, John de Mount ford, Puke of Bret ague. P. 333. Of E N G L A N D t . 107 anothef Parliament met, by Summons, at Glocejier ; i^ng Henry IV. but, upon calling over the Houfe of Commons, feveral Defaulters being found, it was put off for four Days longer. On that Day the Archbifhop of Canterbury, Anno Regn ; „ Arundel, ftill Lord Chancellor, opened the Seflion and 1407. the Caufe of the Meeting, with a Speech, and took At Gloucefter. this Text for his Subject, Regem honorificate. In which, he endeavoured to prove, * That for three * efpecial Caufes the King ought to be honoured, 6 Firjl, For that the King, by maintaining the Liber- 6 ty of Holy Church, honoured God, and therefore ' ought himfelf to be honoured. Secondly, He ought ' to be honoured for his great Care towards his Sub- ' jefts, as well in the Observation of the Laws, as in c his Defence of them againft Foreign Enemies. And, ' Thirdly, Becaufe that, ever fince his Coronation, he 6 had fhewn Favour and Pardon to all that afked. * them. And added, that, as in Neceflity, every ' Member of Man's Body would feek Comfort from c the Head, as the Chief; fo he applied it to the ho- * nouring of the King, who was the Head of the Con- ' ftitution. He defired the Houfe of Commons to ' choofe a Speaker that Afternoon, and prefent him the ' next Day to the King ; and laftly, he required them ' all to confider on proper Means to end the Rebelli- * on in Wales ; to take Care for the fafe guarding of ' the Sea ; for defending of Guienne, Calais, and Ire- ' land, and the Northern Marches, and how by their ' Aid the fame might be beft accomplifhed.' The Chancellor having finifhed his Harangue, the s5r Tho . mas Receivers and Triers of Petitions were conftituted ; and chaucer chofen the next Day the Commons presented Sir Thomas Cbau- Speaker. cer (r), for their Speaker, who, Vter Excufe for him- felf and Confirmation, made the common Proteftation, which was granted. \ « On the 9th of November the Commons came again before the King, where the faid Speaker repeated his for- mer Proteftation, and began to rehearfe the Grant of the lift Subsidies, and the Oaths of the Lords, and others, for the Difnofition of the lame. But ^he Chancellor interrupted him, and faid, that no Accounts were yet made (r) Son to that famous EpgHJb Pcet, Geojfry Chaucer, Stcive, P, 326.. 1 08 The Parliamentary History King Henry iv. mac ^ e f° r tne Diiburfements of the fame to the Com- mons ; and that the Lords, having little Thanks for the laft, would by no Means take the like Oath a- gain ; which the King, at his Requeft, excufed them from [s\ Then the laid Speaker made great Com- plaints againft Purveyors ; to which the Steward and Treafurer of the King's Houfe anfwered, * That the ! fame mould be remedied'. His Com hint of November 14., Upon the Coming of the Commons Grievances. before the King and Lords, the Speaker told them of the great Difadvantage the Nation lufftred by not guarding the Sea ; and that thole who had Lands on the. Marches of Wales never dwelled thereon ; of which he defired that dueConlideration might be taken, which was promifed : And that certain Lords, by Name, might be appointed to confer with the Commons on thele and other Matters. But, at the Requeft of the Merchants, made laft Parliament, the King granted to William Childero, late Admiral of the South and Weft Seas, the Allowance of 2668 /. which was due to him, and that he be difcharged of all Accounts. The Commons On the zift fctf November, which was the laft Day return Thanks f this Parliament, the Speaker defired the King to give iVcoSa^Publick Thanks to the Prince of Wales, for his great Wales. Fatigue and good Conduct in Wales ; for which both the King and the Prince returned back their Comple- ments to the Commons (7J. After which the Prince, kneeling before the King, cleared the Duke of York from difloyal Reports Ipread againft him, and in open Par- liament averted him to be a true and loyal Knight. At the lame Time, the Speaker moved the King to ad- vance his Sons the Lords Thomas, John, and Humphrey, to fome honourable Titles and Fortunes. A Subfidy The Lords and Commons on the fame Day granted granted. to the King one Tenth and a Half ; with the like Sub- fidy for Staple and other Merchandizes, as was granted in the laft Parliament, for two Years. And, in Con- iideration of the Subfidies aforefaid, the King promifed, that for two Years, next enfuing, he would require n& other- (s) See before, P. 104. (t) The Prir.ce having the Command of an Army in Wales, had gain- ed two Victories there 5 in the latter of which the Son of Oiven Ckn- dmr was taken Prifobep Rap in, Fol, Edit. P, 496. Of ENGLAND. iop other Subfidies or Charge on his Subjects ; and, for more King Henry IY„ Aflurance thereof, defired that this might pafs into an Act, and that every Member might have a Copy of it. It feems, by the Record, that the Lords and Com- mons did not agree fo well, as formerly, in this Parlia- ment ; for a Difference that happened between the two Houfes about granting the Subfidy, gave Rife to the following Ordinance, viz. . . 1 That in all future Parliaments, in the Abfence of An Osier to pre- * the King, it mould be lawful as well to the Lords by J' ent tne Lords . ' themfelve?, as to the Commons by themfelves, to c ™™ g co t h ^c"^, ' debate of all Matters relating to the Realm, and of mons private De- ' the Means to redrefs them; without difclofing the batestotheKin £* • fame to the King before a Determination made there- ' of, and that to be done only by the Mouth of the ' Speaker. Which Ordinance was made, becaufe Part *■ of the aforefaid Difpleafure arofe on Account of the ' Lords making the King, feveral Times, privy to their ' Debates on the Subfidy, and brought Meflages from ' him ; which the Commons faid was abfolutely againft ( their Liberties.' On the faid laft Day of this Parliament, the Speaker required, that the Commons might depart with as great Liberty as they had done heretofore ; and again recom- mended it to the King and Lords, that fufficient Means might be taken for guarding the Seas, and refilling the Welch Rebels («). It was not till two Years after the laft, that another AnnoRegnij II# Parliament was called, which was to meet at Weft- 1410. minfter, on the ^jindene of St Hilary, or January the At w eftminfter. 1 8th, 1410, but they did not fit to do Bufinefs 'tijl nine Days after. When the Bifhop of IVinchefter, the King's Brother, there being then no Chancellor, de- clared the Caufe of the Summons to be for the Prefer- vation of the Church's Liberties, £3V. and then took. for (u) Some more Strokes were made at the Court of Rome this Parlia- ment, on the Score of Provifions, &c. Statutes a: Large, An, uin- dene of Eafler next following. At that Day, being April the 7th, the Parliament reaflembled, when the King granted, that certain of the molt learned Bifhops, and worthy Lords, mould be afiigned to be of his Council ; and that they and all the Judges mould be fworn to give good Counfel and up- right Judgment. It was ena&ed, that all fuch as had Caftles and Several Afls Towns in theMarfhes of Scotland, mould furnifh them P afi fd for the Se- with Neceflaries, and keep Guard there in proper Per- ™*\ o( the fon. The fame Order was taken for the Caftles and " S om * Towns in Wales. Alfo, that the Revenues of the King's Dominions beyond Sea mould for three Years be employed on the Soldiers there ; and that no Officer there, who is immediately accountable to the King, ' fhall enjoy the fame during Life. It was alfo enadted, that three Parts of the Subfidy on Wools fhall be employed upon the Defence of Calais* the Cattle there, the new Tower on Rochbank, and on the Marfhes of Calais, and for the Payment of certain Debts there. That fuch Subfidies as mould be granted this Parliament mould be employed according to the Grant, and not otherwife. And, on a Remonftrance from the Commons, the King ordered that all Fo- reigners who are come into the Realm, except Mer-- chants, fhall make Proteftation to live and die in the King's Quarrel ; fhall ferve in the Wars if they are able ; and fhall not be lodged but in Englijbmen's Houfes. Alfo, that none of them fhall be Brokers, and that no Broker fhall be a Merchant to his own Ufe.' On the 2d of May, upon the earneft Requeft of the ^^ „ cat ^ Commons, fuch Lords as were before appointed to befpedtpaidbyPar- of the King's Council, were again declared ; all of lia ™ enttoHcnr y whom, with the Judges, were then fworn to do Juf- Prmce of Waks ' tice ; except the Prince of Wales, who, for his Wor- thinefs, as is there exprefTed, was excufed that Cere- mony. The Reader may obferve, that there are feveral Paf- fages 1 1 2 The Parliamentary History .King Henry iv. fages in the Courfe of thefe Proceedings, which evr- . dently mew what Relpeft the Commons in Parliament v "paid to* this Prince of Wales., at that Time. This does not, by any Means, fuit with the light Character which moft Hiftorians have given of this Prince in his young- er Days. And, if he had been guilty of thofe Levities he is accufed of, he would not have had, we may well fuppofe, fo many Compliments paid him ; nor have been made Prefident of ihe Council, as he, certainly, then was : For, in an Ordinance, made this Parlia- ment, where, if any of the King's Chief Officers or Judges, fhali take any Bribe or Reward, he mall forfeit treble the Value to the King, it is Wrote on the Margin of the Roll, Refpefluatur per Domwum Principem et Con/ilium. If is, therefore, ft ill more evident by this, what fome Hiftorians remark, that it was the King's Jealoufy of his Son's growing Greatnefs and Popularity, and his Neglect of him for that Reafon, which threw the Prince on the diflblute Courfes which are laid to his Charge. In this Parliament, there was fome Relaxation de- manded of the late fevere Act againft Lollards and He* reticks ; for now it was requefted by the Commons, • That all fuch Perfons as mould be arretted by Force of The Commons c the Statute, made againft Lollardy in the fecond Year pray a Mitigation « of this Reign, may be bailed and freely purge them- thfLoflfrdT-^ ' felvesofit; that they be arretted by rid others than r s ' * the Sheriffs, or fuch like Officers ; and that no Ha- * vock be made of their Goods/ Anfwer. The King will be advifed. Thus fir the Record. But Mr Rapin relates, that • on palling the A ct for regulating Elections, the Com- mons were encouraged, before they granted an Aid, to renew their former Inftances in regard to the Clergy. Wicklff's Doctrine h?d gained fo much Ground, that the Majority of the Houfe of Commons were then in that Way of thinking •, and, thus biased, theyprefent- ed two Petitions to the King* one againft the Clergy, and the other in Favour of the LoHards. In the firft they fet forth, * That the Clergy- made an ill \3fe of ' their Riche?, and confumed their Incomes in a very * different Of ENGLAND. 113 ' different Manner from the Intent of the Donors. King Henry IV. * That their Revenues were exceffive, and confequent- * \y it was ncceffary to leflen them. That fo many And renew their * Eftates might eafily be taken from them as would Projea for re- c ferveto provide for 1 5 o Earls, at the Rate of 3ooo d """ 8 o th /^ , nit t 1 1 -n «*. venues or the ' Marks, yearly, each ; 1500 Barons at 100 Marks clergy. ' each ; 6200 Knights at 40 Marks ; and 100 ' Hofpitals, at as many Marks, yearly, for each * Hofpital. That, by thefc Means, the Kingdom's ' Safety would be better provided for, the Poor better 4 maintained, and the Clergy more attach'd to their ' Duty (x). This is Monf. Rapiri's Account of the Contents -of this Bill; but could fo learned and judicious an Author ever fuppofe that fuch a Number of Earls, Barons, and Knights, were likely to be fupported at fuch a Calcu- lation ; provided that the Commons were willing to raife fo many new Lords and Matters amongft them. His Marginal Note refers you to Walfingham for his Authority ; but, unfortunately for him, that very Authority contradicts it, and fliews him, if not an ig- norant, at leaft, a carelefs or an unfair Tranilator. Walfinghatnh Account of the Contents of the Bill, which -the Commons now exhibited againft the Clergy, is this, * That the Temporalities, difordinately wafted 'by Men of the Church, might well fuffice to find the * King with 15 Earls, 1500 Knights, 6200 Efquires, ' and 1 00 Almhoufes, for the Relief of poor People, * more than there were then in England (y). That Vol. II. H * every (x) Cent-cinftiant Cotntes, a trots •milk Marcs cbacun far Annee t quinxe-cens Barons, a loo Marcs cbacun, Jix-mille deux-cens Cbevalieri a 40 Marcs, & cent Hofpitaux a ioo Marcs. , Rap in Edit. Amft. Tom III. p. 407. (_y) The Form of the Petition, or Remonftrance, in rValJingbam, made by the Houfe or Commons to the King and Lords, runs in thefe Words, ExcelkntiJJimo Domino nofiro Regi ct omnibus Proceribus, in prafenti Par- liamento conjiitutis, omnes Communes jideles demonjirant humiliter y dicentes "veraciter, quod Dominus nojler Rex poteji habere de Bonis 'Temporalibus, per Epifcopos et Abbates, ac Priores, occupatis ac fuperbe vaftatis in Regno t quindecimComitesj mille quingentos Milites, fex mille ducentos Armi- geros, et centum Xenodochia plura quamfunt, bene et jideiiter fuftentatttf de Tern's et Tencmentis, nunc inutiliter et fuperbe -vajiatis. The fucceeding Account of the feveral Stipends, &c. is given by our older Chronicles, and is taken from an ancient MS Hiftory of thefe Times, under the Title, of Titus Liyius, U4 Tb e Tarliawentary History King Henry IV. * every Earl mould have, of yearly Rent, 3000 ' ' Marks; every Knight 100 Marks, and 4 Plough - * Lands ; every Efquire 40 Marks and 2 Plough Land.5 ; ' and every Almfhoufe 100 Marks ; and be overlooked < by two true fecular Pjieftsto each Houfe. And, over ' and above all thefe, the King might put yearly, * into his own Coffers, 20,000 Pounds. Provided /' « alfo, that every Townfhip mould maintain their own * Poor, that could not labour ; on Condition, that if ' any was overburthen'd with them, then the faid * Townfhips to be relieved by the Almfhoufes aforefaid. 6 And, for to bear the Charges of all thefe Things, the ' Commons affirmed, in their Bill, that the Tempo- ' ralities, theji in the Poffeffion of Spiritual Men, a- * mounted to 322,000 Marks, yearly Rent. 5 The Commons alfo alledged, ' That over and above the ' faid Sum of 322,000 Marks, feveral Houfes of Reli- ' gion in England, poflefTed as many Temporalities, ' as might fuffice to find 15000 Priefts ; every Prieft 1 to be allowed, for his Stipend, feven Marks a Year.' This is a genuine Account of this extraordinary At- tack on the Clergy, in thofe Days ; the Bill was brought into the Houfe by Sir John Oldcajlle, Lord Cobbam ; which drew upon him the Hatred of that vaft Bbdy of Men, and terminated at laft in his own De- ftrudion. , The fecond Petition is mentioned in the Record, wherein the Commons prayed that the Statute pafs'd againft the Lol/ards, in the fecond Year of this Reign, might be repealed ; or, at leaft, qualified with fome Reftridtions. ' Mr Rap'in here again makes this Reflection on thefe two Petitions ; ' That if the Parliament which firit * mov'd the leiTening the Clergy's Revenues was call'd ' the unlearned, it may well be mppofed that this met ' with no better Treatment. The Name of Lollard 1 and Heretick was plentifully bellowed ; and the ' Clergy- condder'd thefe Petitions as tending to under- ' mine ail Religion, This was induftrioufly infinuated- ' to- the King, wkh all the Aggravation which Parties' * .concern'dareqapableof displaying pn fuch an Occa- * fipn. . it is hard to know, lays our Author, whether ' the O/ENGLAND. iij c the King himfelf was of this Mind ; but, however, King Henry iv. ' he openly declared, that he had the Intereit of the ' Church no left at Heart than the Clergy themfelves. ' And, being now very eafy from his Enemies, both at * home and abroad, he had no Mind to provoke fa * great and dangerous a Body againft him. For this ' Reafon he rebuked the Commons very fharply, and * faid, That he neither could nor ivould confint to their Both which the ' Petitions , and exprejly forbad them to meddle any more Kin s refufes to < with the Church's Concerns. As for the Lollards, he compIy Wlth ' c added y thpt far from permitting the Statute againjl * them to be repealed^ he ivified it more rigor ous, for the 6 utter Extirpation of Herefy 'out of the Land (z).' The Commons being baulk'd again in their Expec- tations in thcfe higher Matters, contented themfelve9 with petitioning, that Clerks when convicted, might be put into the King's Prifons, or thofe of the Tem- poral Lords ; alledging, for Reafon, that Clerks by thofe Means frequently efcap'd the Punimment . » they deferv'd (a). This Point had been often at- tempted by the Laity againft the Clergy ; particularly, , as high as the Reign of King Henry II. when that Prince, and all the Peers of the Realm, maintained this Point fo ftoutly againft Archbiihop Becket and Pope Alexander III. But our Henry, fearing to be expofed to the fame Troubles his Predeceflbr had been, refufe'd, * alfo, to give hiis Aflent to this Bill ; and, to mew the Commons how far he was from giving any Counte- nance to thefe Proceedings, he figned a Warrant for H 2 the (z) The King had been long fufpecTed, even before he came to the Crown, to be as great a Favourer of fVicklijfs Dodtrine as his Father was before him. Fabian and Hollingjkead both write, that in Sir John Bagot's Examination, before the Council, very foon after the late Revo- lution, he declared that he heard King- Richard fay, ' That he knew ' the Duke oi Hereford, if he was once King, would prove a bitterand ' cruel Enemy to the Church. Hcllingjbcad, y>. 511. Biondi, 49. The Abbot of Wefminjier, aifo, in his Speech to tne Lords ergag'd in the Cnnfpiracy againft Henry, in the firft Year of his Reign, urg'd, * That he neard him once fay, when Duk.6 of Lancajier, that Princes ' had too little, and the Religious too much ; and therefore he fuppos'd * him no Friend to the Church, if he continued long in that Dignity. Grafron's Chr -nick, p. 409. (a) Waljingham 's Words aje, Ut Clerici con-vicli de ceiero non trade- tcntur Ergajluiis Epifcoporum, Jed Carcerihui regiis et temporalium Dwni- norum. p. 379. 1 1 6 The Parliamentary History King Henry IV. the burning of one Thomas Badby, who had been be- fore convicted of Herefy (b). And fuffers a The Commons confider'd this Execution as an Infult, Lollard to be and great Aggravation of the King's other Refufals ; burnt. anc | accordingly, when Henry demanded a Power to levy every Year a certain Subfidy, which was a Tenth from the Clergy, and a Fifteenth from the Laity, with- out a Meeting of a Parliament, this Demand was bold- whichthcCom- ly rejected. The Commons would have even refufed mons refent. the Supply for his neceflary Occafions, if he had not forced them to it, by prolonging the Seflion 'till he got his Defire. The Reader will find here much more Matter, re- lating to the Proceedings of this Parliament, than the Abridger of the Records has given us ; it muft therefore reft on the Credit of the cotemporary Hiftorians before mentioned. By thefe it plainly appears, that Henry had as defpotick Principles as his PredecefTor, when he durft to fhew them. A Matter of more private Concern came alfo before this Parliament, which fince it bears Refpect to an an- cient and noble Family, which we fhall have great Oc- cafion to mention in the Sequel of this Work, we can- not omit the Jbridger's Account of it. The Petition of Richard de Ha/lings, fheweth, that Ralph de Hajiings, his Brother, who was attainted and beheaded for High Treafon, in the fixth Year of the King, died without Iflue ; and prayeth to be reftored as well to his Blood, as to all fuch Lands as the faid Ralphhzd at the Time of his Death, without any fur- ther Suit (c). Which Petition, by the Aflent of the whole Parliament, was granted. On the 9th Day of May, and the laft of this Par- Alterations in liament, the Speaker of the Commons requir'd the cer- £ t-C R UK M«! tain Knowledge of the Counfellors Names ; whereup- eque ' on two of them were changed. They then, with the a Subfmv Aflent of the Bifhops and Lords, granted the King the grtstdbv hke Sublidy as in the 9th of this Reign, fo as exprefs Mention (0) The Writ to the Sheriff's of London, De Haretico combitrcndo, for burning this Thomas Badby, is in Fad. Ang. Tom VIII. p. 627. (c) He was beheaded for an Infurrf&ioii at Tork, An, 1405* with the Archbiftyp, and Thomas Mo if/bray, Earl Marlhal. Of ENGLAND. 117 Mention (hould be made in the Grant, that it was pro- King Henry iv. vided of their own good Wills ; whereof they gave twen- ty thoufand Marks to the King, to difpofe of at his Pleafure. After which the Speaker recommended to the King the Perfons cf the Queen, the Prince, the Lords Thomas, John, and Humphrey, the King's Sons, and pray'd their Advancement ; for which the King thanked them, and promifed Satisfaction in this Matter at a proper Opportunity (i ). Before the Meeting of this laft Parliament King Henry found himfelf more at Eafe in his Government, than ever he had been yet. France, which had hither- to been a terrible Thorn in his Heel, was now itfelf torn in Pieces by a Civil War between the two Hou- fes of Orleans and Burgundy. This, alfo, occafioned Scotland and Wales, fince they could now receive no farther Affiltance from France, to agree to a Truce with England. All Henry's inborn Enemies were al- moft totally deftroyed ; and, having nothing to fear, either at Home or Abroad, he became more abfolute than ever. The Reader may obferve, that at the Head of this Seffion, when the Speaker of the Houfe of Com- mons made the ufual Proteftation, the King took more upon him than formerly, by prohibiting the Spea- s ker from ufing any indecent Expreffions j that is, we fuppofe, from faying, or doing, any Thing that might give him Offence. We fhall here aga ; n beg Leave to give a remarkable Paragraph in Raping Hiftory, con- taining fome Reflections on the Means Henry ufed to pack this Parliament ; as that Author does not quote his Authority, we fhall reft it, fingly, on his own ; but, it is Matter of Ibme Wonder that fuch Expreffi- ons mould flow from the Pen of this Hiftorian. ' Though Henry, fays he, had caufed Richard to be • depofed for uiurping an arbitrary Power contrary to ' the Laws, yet, he himfelf plainly fhewed by certain c Proceedings he would have been glad to govern with 6 an abfolute Authority. This chiefly appeared in the ' Elections of Members of Parliament. By the Di- f rections of the Court, certain Artifices were prac- c tifed, to render the Freedom of Voting of no Ufe ; H 3 ' fince (d) Priace Ttemas his fecpnd Son, was accordingly created Puke of Chrence, 1 1 8 The Parliamentary History King Henry iv. * face this Sheriffs took the Liberty to return fuch ' Reprefentaiives as had not a Majority of Votes. This * is a Thing of fo fatal a Confequence, that it may be ' affirmed, the Liberty of the Englijl) will no longer * fubliit than whilft the Privilege of freely electing their ' Reprefentatives in Parliament ftands inviolated. If ' once the Sovereign comes to chufe what Reprefenta- ' tives he pleafes, the Bounds of the Royal Authority 1 will be in the End fo enlarged, that nothing but the ' mere Shadow of Liberty will remain. Of this, we i have feen a remarkable Inftance in the Reign of * Richard II. But it may farther be added, that all ' the Kings of England, who have enjoyed a more ab- ' folute Power than the reft, acquired it by this Way ; f I mean, by procuring their Creatures to be elected. I When a Parliament confifts of fuch Members, it is ' not the King which is charged with Encroachments * on the People's Liberty, but it is the Nation itlelf - that voluntarily runs into Slavery. And, if, after- ' wards, they refclve to throw off their Chains, they * can only fucceed by violent Means ; and this, by the * Way, is the Spring of moft of our Civil Wars fo ' often kindled in England. We may venture to affirm, that no native Hiftorian could more juftly defcant on the Abufe of Englijh Par- liaments than this Foreigner hath here done. And, we wifh we could fay, that this Practice hath not- been ufed in much later Reigns, and, even down to our own Times. Yet the Reader may well wonder, what all this long Preamble was to introduce ; our Author goes on and writes, k That the Parliament which met in ' January 14^, confidering the Confequences of the * King's Proceedings to over-rule EleiUons, believed * the Redrefs of that Abujg as the moft preffing Af- i fair. Accordingly, in the Beginning of the Seffion, * they prefented a Bill to the King, by which the She- ' rifis who fhould be guilty of making falfe Returns, * were to be fined one Hundred Pounds Sterling for '* each Offence {e). The King would have been glad * to (e) This is nn Tmendation of the Statute of 7 Hen. IV. For the better Jiigulation of Elections fcr Knigbts of the Shire. Hereby not only the Sheiifff were to forfeit 100/. for every fuch Offence, but the Knights of Shires, 10 returned, were alio to lofe their accuftomed Wages, See fafare, p. 82, and 105. Of ENGLAND. 115) * to evade this Act ; but as he could not do it, without King Henry tv. ' laying himfelf too open, befides as he intended to -de- * mand a Subfidy, he gave it the Royal AHent.' The only Reafon Rapin gives for gaining this Sta- tute is an ipfe dixit of his own ; not one fingle Word of it appearing on the Record. Nay, it is much more probable that the King and his Parliament agreed very well this Seflion ; fince, in the Grant of the Subfidyy they made him a lingular, and very unufual, Prelent of 20,000 Marks at his own Difpolal. Anoiher Parliament afiembled. at Wejhnwfter, on the 2d of November •, in the 13th and laft Year of this King's Reign {/). At which Time, the Commons be : ng called over, as ulual, Sir Thomas Beaufort t ano- ther Half-Brother of the King's, then Chancellor, by- Virtue of Letters Patent there read and enrolled, be- gan, prorogued, and continued the laid Parliament for a Week longer. At which Time the faid Chancellor, by the King's Anno Regm* 13. Command,. in his Pretence, and in the Prefer.ceof all At Y/^bnbfter. the Lords and Commons, declared, * That this Par'ia- ' ment was called for three Caufes : For the good Go- . ' vernment of the Realm, due Execution of the Laws, * and the Defence of the Kingdom, with ih/aJafe Keep- ' ing of the Seas.' From thefe he arguedV ' That to ' the good Governance of the Realm belonged faith- * ful Council without Flattery, and due Obedience < without Grudging, To the due Execution of the ' Laws did appertain fincere Keeping of the fame, and * fpeedy Redreis for Fear of Abufe. To the Defence « of the Realm there needed their hearty willing Relief ; . * to the King in his Diftrefs, with diicreet and fpeedy * Provifion ; for all which Caufes they were then ai- * iembled.' He added, * That it was the King's * Pleafure the Church, with all Corporations and Per- * fons mould enjoy their wonted Liberties ; and, for \ expediting thefe Matters he defired the Commons to ' chufe a Speaker, and prefent him the next Day.' Accordingly, the Commons prefented Sir Thomas sir Thomas Chaucer, once more, as their Speaker ; whofe- Excufe Chaucer a *hlrl ' r „_ Time chofea n0t Speaker. ( f) Sir William Dugdah places this Parliament in the 12th Year, and fays, there were no Summons in the 13th, but Cotton's Abridgment, an4 / the Statutes at Large, make it the isthaiid laft. 1 20 The Tarliamentarg History Kinj Henry iv. not being allowed, he prayed that he might fpeak un- der the ufual Proteftation. It was granted, that he might fpeak as others before had done ; but that the King would have no Novelties introduced, and would enjoy his Prerogative. Upon this, the Speaker defired a Refpite for three Days, to give his Anfwer in Writ- ing, which was, ' That he defired no other Protefta- ' tion than what other Speakers had m2de -, and, that ' if he mould fpeak any Thing to the King's Difplea- ' fure, it, might be imputed to his own Ignorance, on- ' ly, and not to the Body of the Commons j ' which the King granted. Then the Commons, by Aflent of the Bifhops and Lords, granted to the King the fame Subfidy, as to Tonage and Poundage, as in the two la'ft Parliaments ; fo, alfo, that it might be exprefTed to proceed from their own Good- Will, and not of Duty. They alfo granted, that every Perfon poflcfled of Twenty Pounds, by the Year, above all Charges, fhall pay Six Shillings and Eightpence ; except Lands purchafed in Mortmain, before the 20th of Edward I. and Lands purchafed in The firft Land- Frank Almoigne, fince the faid 20th Year. This is the Tax * firft Tax upon Land that we have yet met with. On the laft Day of November, the Speaker, in the Name of "the Commons, prayed the King to give • Thanks to the Prince, and others appointed to be of the King's Council, in the laft Parliament, for well employing the Treafure then granted ; which his Ma- jefty did accordingly. An A&forregu- It was enacted, ' That the Mint-Mafter within the lating the Coin. < Tower of London, and other Minters within the ' King's Grant, may coin of every Pound of Gold of * the Tower-Wright Fifty Nobles ; and of the fame * Weight of Silver Thirty Shillings Sterling, during * two Years ; provided that the faid Gold and Silver ' be of as good Allay as the old Coin was (e). About this Time the current Coin of the Nation was much debafed by Foreign Money being added to it ; whereupon a Law was made, this Parliament, for prohibiting a certain bad Coin, called Galley-Half-' Pence, to pafs current, as, alfo, all Foreign Money, as, (c) Statutes at Large t An, 13. Hen, IV, Cap. vi. Of E N G L A N D. 121 as well of Scotland as other Nations- An Hiftorianjcihg Henry iv» writes, that tho' the King had no Tax granted this Parliament, (we fuppofe he means no Tenths nor Fif- teenths) yet he fo well managed the Bufinefs of the Coinage, that he raifed as good a Fund by it. For, partly, by feizing the forfeited Money, and, partly, by coining new Nobles, which he made a Groat light- er than the old, he much enriched his own Trea- ty (f). A Church-Affair of fome Confequence came, alfo, before this Parliament j Thomas, Archbifhop of Can- terbury, by a long Inftrument, in Latin, mewed, that in the Time of Richard II. the Univerfity of Oxford had purchased a Bull to be clearly exempt from the Vifitation of the faid Archbifhop, to the End that they might better fupport Hereticks and Lollards ; and that the faid King Richard took Order that they mould itill be fubject to the faid Archbif hop's Vifitation, not- withftanding the faid Bull. Yet, he added, that in this King's Time he had been difturbed in his Vifitation aforeiaid by Richard Courtney, the Chancellor, Ben- net Brett, and John Bird, the Proctors of the faid Univerfity ; and that, by their Submiflion to the King's Order, it was by him, in Chancery, decreed, that the whole Univerfity aforefaid, and all Orders* Perfons and Faculties in the fame, mould be fully fub- jedl to the Vifitation of the faid Archbifhop and his Suc- cefibrs, and to his and their Officers. And that as often as the faid Archbifhop, or his Succeflbrs, or his or their Officers, fhould be interrupted by the faid Chancellor, their Liberties mould be feized into the King's Hands, until the faid Archbifhop was reftored The Archbifll to his Right. And, further, for every Time of fuch f Canterbury'? Interruption, the faid Chancellor, or other Officer of Powe r o fvifiting the Univerfity, mould be bound to pay to the King the Uni 7^ y , *V «". * 1 t% j confirmed by One thoufand Pounds. Parliament, not- All thefe Articles and Orders, at the Requeft of the withstanding the faid Archbimop, were confirmed by the whole Affent^ 8 ^ 1 * of Parliament. On all which Sir Robert Cotton makes this Remark, ■ That hence it moft manifeftly appears, * that even in thofe Days, the Prerogatives of our * Princes {/) Daniel'm Kennet, P. 30 J. i a a ■ The Parliamentary History King Hwry IV. ' Princes were nothing fubjed to the Pope's Suprema- ' cy. For, otherwife, this Archbithop, the Pope's ' adopted and Fcfter-Son, would not have fo flighted ' the Pope's Bulls, which he plainly took for mere 'Bells and Baubles (£)• On the 20th of December, which was the laft Day of this Parliament, the Lords and Commons, by their joint Petition, feemed to lament, that a Report was fpread, that the King was offended with fome, in both Houfes, for Matters done in the laft Parliament ; and they defired that the King would embrace and efteem ihem as his loyal Subjects ; which Requeft he, out of meer Grace, granted. Then the Speaker, again, re- commended to the King the Perfons of the Queen, the Prince, and the reft of the King's Sons, praying the Advancement of their Eftates ; for which his Majefty returned them his hearty Thanks. And, after the more private Petitions of the Commons were anfwer- ed, the Chancellor, by the King's Command, gave Thanks to the Three Eftates of the Realm, and dif- iblved this Parliament". Aft againft But we muft not omit to mention that a Statute was Riotl « palled in this Parliament againft Riots and other Public Afiemblies, whereby it was enacled, * That all juftices f. of Peace fhould have a very ftricl: Eye upon the * Subject to prevent all riotous Meetings, and Sheriffs * to be as watchful to fuppreis them j which, if they ' neglecled, they fhould each of them forfeit ioo/. * for every fuch Offence (h)' By which, adds the Hi- ftorian before quoted, it feems that King Richard's Ghoft haunted this King to his dying Day -, that the People were never thoroughly fatisfied, but difturbed his Peace, on every occafion, by Riots and Tumults (z). A general Pai- However, we find in the Public Acls a general Pardon, don. or Aft of Grace, not mentioned by the Abridger of the Records, which muft have pafied in this Seffion of Parliament, tho' ir is dated December 22, or two Days after the Diffolution of it, The King's Writ or Pro- clamation of the Adt, was fent to all the Sheriffs in England j (g) Cotton'* Abridgement, p. 480. (b) Stat at Large, Ann. 13. Hen. IV. Caf. VII. fi) Daniel in Kennet, p. 301. Of E N Q L A N P. 123 England ; and there are but two Exceptions, ^z. King Hem yiv, Owen Glendour and Thomas de Trumpyngton, with their Adherents, included (7). This feems to be a very fea- fonable Aft of Grace, both for the King and his Sub- jects j fince, as he fhewed Mercy to them, he had the better Title to expect it himiclf, from the King of Kings, before whom he was fhortly to appear. For, very foon after, Henry was feized with a Diftemper, Tne Death of which, in three Months Time, brought him to his End ; Henry IV. dying Manh the 20th, 14 \\, in the 46th Year of his Age, and the 14th of his Reign (m). An Abftradt from the Speech trnt Shake/pear makes this King Henry give to his Son the Prince of Wales, on his Death-Bed, by way of Advice to him, may not improperly conclude this Reign. King. f~X)me hither, Harry, fit thou on my Bed, M And hear, 1 think, the very latejl Counfel, That ever IJhall breathe. Heav'n knows, my Son t By what Bye- Paths and indireft crook' d Ways I met this Crown ; and I myjelf know well How troubkfome it fat upon my Head __ It feemed in me, But as an Honour fnatched with boifl'rous Hand, And I had many living to upbraid My Gain of it by their Ajfijlance ; JVIr.ch daily grew to parrel and to Bloodfied.-^ ,- ___. Therefore, my Harry, Be it thy Courfe to bufy giddy Minds With Foreign Quarrels 3 that Aftion t hence, born out, May wafte the Memory of former Days, More would I fay, but my Lungs are wafted fi 9 That Strength of Speech is utterly denfd me. How I came by the Croiun, O God, forgive/ And grant it may with Thee in true Peace live, TAXES (t) Feed. Ang. Tom. VIII. P. 711. (m) Moft of our old Chronicles will have it, that Henry died before the hit Parliament was dilTolved. But few of them agree in the Dif- temper that caufed it j fome fay, that he died of an Apoplexy, and Polydore Vergil will have it, that it was an incurable Difeafe, inflicted for his Ufurpation, and fays, Subito Morbo tentatus, nulla Medicinf fublevari potuit, lib, XXI . p. 438. ia4 Tb* Tarliamentary History King Henry IV. TAXES in the Reign of King Henry IV. IN his firft Year there was granted to him 5 s. on every Sack of Wool from Denizens ; and four Pounds from Aliens for three Years : Alfo a Tenth and a Fifteenth. In his fecond Year, a Subfidy was granted of one Tenths and one Fifteenth ; Two Shillings on every Ton of Wine, and Eight- Pence in the Pound on Mer- chandize. In his fourth Year there was granted to the King, the ufual Subfidy on Wools, Wool-Fels and Skins, for three Years ; alfo Three Shillings on every Tun of Wine, and Twelve-pence in the Pound on Merchan- dize, befides a Tenth and a Fifteenth. In his fifth Year there was a Tax of Twenty Shil- lings on every Knight's Fee, and Twenty-pence of every one that had Twenty Pounds Lands a Year, and One Shilling in the Pound for Money or Goods, and fo upwards according to that Rate. But the Record of this Subfidy was burnt by Order of the Parliament that granted it. In his fixth Year he had two Tenths and two Fif- teenths, alio, the Subfidy on Wools, Wool Fells, and Skins ; that is, of every Denizen, for each Sack of Wool 43 s. 4 d. for every 240 Wool Fels the like Sum, and for every Laft of Skins Five Pounds : Of Alienp 10 j. more, to fubiift for two Years ; Three Shillings on every Tun of Wine, imported or exported, and Twelve-pence in the Pound on Merchandize. In his feventh Year, there was granted a Subfidy of one Tenth and one Fifteenth, befides the ufual Grant upon Wools. In his ninth Year, he had one Tenth and a Half with the fame Subfidy as in the laft Parliament, for two Years. In his eleventh Year, the fame Tax was granted ; And, In his thirteenth Year, it was again repeated, with the Addition of 6 s. and $d. upon every Owner of Lands of 20 /. a Year clear Eftate. Towards Of ENGLAND. 125 Towards forming fome Notion of the Value of thefe King Henry iv. Taxes, take the following Account of The Price of Provisions in this Reign. In 1401, Wheat very dear, at 165. the Quarter (n). In 1407, a Cow was fold for 7 s. and her Calf for is. Sd. Five Bufhels and a half of Salt for 3 s. ^d. Two Bufhels of Wheat for \od. A Threfher for a Day's Labour 2d. An Ox fold for 135. \d. A new Plough 10 d. For elevea Bufhels of fowing Wheat 5 s. 10 id. For eighteen Bufhels of fowing Oats 4*. 6d. For a Dung- Cart and all Materials is, zd. For a Pair of Cart- Wheels 3 J. id. (0) («) Fabian'* Chronicle. (0) Kennett'j Parochial Antiquities. Fleetwood'* Cbnmicon fretiofum, HENRr 1 26 The ^Parliamentary History King Henry V. TTENRT the Fifth began his Reign March 20, -**■ Anno 141 9, the Day of his Father's Death, and was proclaimed 1 on the next, with the ufual Ceremonies. Our older Chronicles, and their Copiers, impute feveral Wildnefies and light Behaviour to the Minority of this Prince, very unbecoming his high Birth and Station. But the Reader may obferve, in the Courfe of thefe Enquiries, throughout his Father's Reign, that feveral high Compliments were made this Prince of Wales, on his Valour and Prudence, by Parliament ; very incOn- liftent with fuch a Character (,/>). We are told by a co- temporary HiftOrian, and an ancient Manufcript Chro* nicle" of this King's Life, that the late King, his Father, had fummoned a Parliament to meet at Weftminfter y on March the 24th this Year, which Was four Days after he died [q). 'That being met, accordingly, they gave an extraordinary Teftimony of their entire Confidence in the new King, by an Addrefs to him from both Houfes, wherein they offered to fwear Alle- giance to him before he was crowned, or had taken the cuftomary Oath to govern according to the Laws. The King gave them Thanks for their good Affections to him, and exhorted them to employ all their Power for the Good of the Nation, in their feveral Places and His Speech to Stations. Be fold them, * That he began his Reign the Parliament ' by pardoning all that bad offended him ; and, with 3 ™^!ln Cceffloni fincere Defign for his People's Hnppinefs, laid, that « he would be crowned on no other Condition, than * to make ufe of all his Authority to promote it. And, 4 prayed to God, that if he forefaw he was like to * prove any other than a juft and good King, he * would pleafe to take him immediately out of the ' World, rather than feat him on the Throne, to be a * publicCalamity to his People.' The generous Offer made by both Houfes of Parlia- ment (p) See before, p. 108, and 112. (q) Titus Li'vius, a M. S. ' wrote under that Name, of this King's Reit;n, and dedicated to his Son a.id SucceiTor. Nicholson'* Hlftt Library, P. 82. Walfingham writes that this Parliament met on the Day after Candle^ rnai-Vay, but that the King did not live to i'ee the End of it, dying an &.arck 20, as afutefaiu, P. 3S2. « to the Crown, O/ENGLAND. 127 ment to this King, at his Acccffion, and fuch, as an old K mg Henry V, Hiftorian (r), fays, was never made before to any Eng- li/b Prince, is another convincing Teftimony of the great Confidence they placed in his Adminiftration and Juftice. And his fubfequent Conduct evidently fhewed that they were not miitaken in him. But, whatever our old Chronicles fay of the calling this Parliament, we meet with no Authority for it on Record (/).' There is an inccnfiffent Account in Cotton's Abridge- ment, of a Parliament called at Leicefter, "January 29, the firft of this King, and prorogued to the fame Place the laft Day of April following ; but the Dates of the Writs do by no means agree with the Date of the laft King's Death. This Matter, however-, is fet right by another Infpedtor of Records (/), who has given us the Form of a Writ directed to Thomas Archbifhop of Can- terbury, dated March 22, for calling of a Parliament. The Reafons given in the faid Writ of Summons were thefe, ' That the King by the Advice of his Council, 4 had determined to hold a Parliament three Weeks after 4 Eafter next following, in order to confult and treat 4 with the Biftiops and other Prelates, the Lords and c Commons, concerning the State and Safety of the 4 Nation. The Archbifhop was therefore commanded, * as he had any Regard to the King's Honour, or the 4 Safety and Defence of the Kingdom, to be prefent 4 at the Seflions, and to give Notice, to the Prior and ' Chapter of the Church of Canterbury, to the Arch- 4 deacons and all the Clergy of that Diocefe, that the 4 Prior and Archdeacons mould come in their own * Perfons to Parliament, and that the Chapter mould 4 fend thither one fit Proctor, and the Clergy two 4 diftinctly appointed, with Power to confent to what 4 fhould be enacted by the General Council of the 4 Nation.' The like Writs were directed to other Bifhops, Abbots, and Priors, to William Gafcoign Lord Chief Juftice, to Edward de Courtenay Earl of Devon- Jbire, and others of the Nobility. On (r) J. Stowed Cbron. P. 343. (s) The Reader will find in the Account we give of the next Parlia- ment, that the Members of ~iht Hcufe of Commons petitioned the King that Cofts might be allowed thera for attending the Parliament, Ann* 14 Henry IV. tho' no Bufinefs was done at it. (t) PwCD^tE'f Sumnmf tt F(Lrliam-:nt, p. 38S1 i a 8 The Tarltamentary History King Henry v. On the appointed Day, being May 15, that Year, the Parliament met at Wejlmlnjler ; when the King, AnnoRegnii. fitting on his Throne, and the other Eftates of the At Wdtniinfter. Realm attending, the Bifhop of Winchefter, the King's Uncle, and Lord Chancellor, made a Speech to t them, wherein he firit. declared, c That this Parliament was * called in order that the Church, with all Corporations, ' and Perfons, mould enjoy their accuftom'd Liberties, ' and alfo for a general Confultation. The Latin Sentence he chofe for his Theme was, Ante omne Aclum Con/ilium Jiabilire ; he told them, ' That the King defired to confult with them on feve- ' ral Accounts, for the competent Support of his Roy- * al Dignity ; the due Execution of good Laws and ' Government of the Nation j the encouraging his ' Allies and fubduing his Enemies. And, that they ' might more effectually go about thefe weighty Mat- ■ ters, he urged the Commons to chufe their Speaker, „...,. e „ * and prefent him the next Day to the King.' Then William Stour- .«*,*: , ~ r n • • • . j ton, Ei'q } chofen the Receivers and I ryers of Petitions were appointed, Speaker. and, the Day after, the Commons prefented William Stourton^ Efq; who was allowed. May 22. The Commons came before the King and Lords, when their Speaker declar'd to his Majefty, that in the Time of his Father, many fair Promifes were made for the Obfervation of the Laws, but nothing d6ne in them ; whereupon he prayed the King to pro- vide for the due Execution of them. And, particular- ly, mentioned a late Riot againft the Abbot of Ciren- cejler, which he defir'd might be punifh'd. The Speak- er was commanded to exhibit the fame in Writing, that the King might the better confider of it. May 25. Jihn Dorewood, Efq; and others of the Commons, deliver'd to hL Majefty a Scheme, for pro- viding for the Defence of Ireland, the Marfhes of Wales and of Scotland^ of Calais, the Dutchy of Guyenne, for fafe guarding the Seas, for furnifhing out a Fleet, and for raifing fufficient Forces to repel any Invafion. On the 3d of June the Commons again attended the Eut falling lick, King in the Houie of Lords, and their Speaker, being Efq "is chofen 05 renc ^ er '^ by Sicknefs, unable to ferve, they prefented in his Hsce. the faid "John Dartzvood, who had ( the King's Appro- bation. And Of ENGL AND. u 9 And whereas Annuities were to be paid to feveral KineHem-yV, Perfons by Letters Patent, it was enacled, ' That the ' King for the Support of his Charges, mould Yearly * receive ten thouland Pounds, and the Remainder ' fhould be paid according to the Rate/ And whereas Henrjjy. had by his Laft Will given all his Goods and Chattels to difcharge his Debts, and for the Pay- ment of certain Legacies, and had made Henry Arch- bifhop of York, Thomas Bifhop of Durham, John Pel- ham, Robert Waterton, and John Laventhorp Executors» and had appointed the King and Archbifhop to be Over- feers of this his Teftament ; but the Goods falling fhort, the Archbifhop of Canterbury, as Ordinary, ought to have the Adminiftration of the faid Goods and Chat- tels : Therefore, that they might not be fet to com- The King pay* mon Sale, the King took Pofleflion of them, and granted his Father's the Sum of 25,000 Marks, the Value of thefe Goods, to be paid out of the Wardrobe in three Years to the Executors, and difcharg'd them of all Executions by the fame Will, which fhould be over and above the laft mention'd Sum. The Commons petition'd the King,- • That the Statute made in the Fifth Year of Henry * the Fourth, for the Regulation of Aliens, might be ob- ' ferv'd.' Which the King granted, faving his Prero- gative. The Commons, with the Aflent of the Bi- ASubfidygrant- fhopsand Lords, granted to the King the like Subfidyed for four Yews. on Staple-Ware, Tunnage and Poundage for four Years, as they had given to his Father in the thirteenth Year of his Reign. In the Twenty-fifth Year of Edward the Third, an Aft had been made for maintaining the Right of the Englifo Kings to confer Ecclefiaftical Preferments and Benefices: It was reinfore'd and confirm'd afterwards Aa - nft PtQ _ by two others, one made in trje Thirteenth of Richard V ifors tromRome the Second, the other to the fame Effect in the fecond of «-iafurc*d. Henry the Fourth, forbidding all Perfons to, accept any vacant Bifhopncks, or other Church Benefices, from the Popes of Rome, or any other than the King, under Pe- nalty of Banifhment, and Forfeiture of Lands and Goods to the Crown. And now by this Parliament in the firft Year of Henry the Fifth, it was enadted, I « 1>t 130 The Parliamentary History Kinc Henry V ' That all thefe Statutes made againft Provifors from 6 Rome, mould be ftridly obferv'd.' The Houfe of Commons prefented a large Com- plaint of the many Oppreflions, with which the Ordina- ries aggrieved the People in the proving of Wills, and the like ; and of the Abufes they committed by punifh- ing Fornication and Adultery with pecuniary Pennance ; Petitions of the aftd petition'd the King* that thefe Grievances might Commons. jj e fedrefs'd : Whofe Anfwer was, 4 That he would * give Orders to the Bifhops to rectify 'em, and if they * neglected it, he would do it himfelf.' They likewife petition'd, that Cofts might be allow'd to the Knights, and Burgefles fummon'd to Parliament in the fourteenth Year of Henry the Fourth, though nothing was done in that Seflion. The King reply'd, • That if upon c View of the Records any the like Precedents could ■ be found, Allowance of their Fees mould be made.' They alfo petition'd, that the Grounds fet out by the Perambulations of Edward III. might be intirely disfo- refted ; to which the King anfwer'd, ' That fuch as * had juft Complaints againft the Charters of the Fo- * reft fhould be heard.' And when the Commons far- ther afk'd of the King a Declaration for furcharging of Sheriffs, and petition'd that they might be allow'd upon their Oaths in the Exchequer; he promis'd, * That upon the Sheriffs coming before the Council ' and the Barons of the Exchequer, they mould find 1 Remedy.' To another Petition, defiring that no Barge, Ship, Boat, or other Velfel going on any River, be taken for a Deodand, if a Perfon accidentally falling out of it be drown'd, the King reply'd, ' That he * would take Advice about it.' The like Anfwer he return'd to a Petition offered in favour of Merchants, that they might freely bring into the Nation their Goods of Arras, and all other Merchandize but that of the Staple ; and paying their due Cuftoms, might fell the fame as they pleafed to all Men, the Genoa Merchants excepted. As the Commons thus made their Petitions to the King, either for the redreffing of Grievances, or for the Eftablifhment of luch Orders as they apprehended might piomote the Publick Good - 3 fo likewife many Laws were Of ENGLAND. 131 were enacted to render the Nation rich, flourifhing and King Henry V. profperous. It was enacted, ' That all Aliens mould * depart the Kingdom, and that all fuch Merchants A- 8 liens as remain'd mould live in Engli/h Families, on * Pain of Imprifonment at the King's Will ; alfo that ■ all the Livings of Priors Aliens, (befides fome which * they excepted,) fhould be feized for the King's Ufe.' By another Act it was ordain'd, • That every Juror in * all Inquifitions mould be queftion'd upon his Oath, * whether he, or any other had receiv'd any thing for 8 his Ufe, as to the Procefs of the Bufinefs, and that ' upon Conviction by his Oath he mould be try'd.* An Act was made about the Election of Perfons to several Atl« ferve in Parliament ; by which it was appointed, pa fs'd for the 8 That none fhould be chofen Knights of the Shire, Pubiick Benefit ' who were not refident in the County on the Day of l on * 8 when the Writ of Summons was dated ; nor any be * chofen Burgeffes, but fuch as were Citizens or * Townfmen and Freemen, dwelling in the Cities * and Towns where they were elected/ Another Act pafs'd to inforce the obferving of fome former Sta- tutes about the removing or ftraiting Wears, Mills, Stanks, Stales and Kydels, which were a Nuifance to the Rivers. Another againft the Forgers of falfe Deeds, ordaining, • That the aggriev'd Party mould have his * Suit, and recover Damages, and that the Perfon con- > * vict mould make Fine and Ranfom at the King's f Pleafure.' By another, Provifion was made againft the Abufes that arofe from the Continuance of the Of- ficers of Sheriffs, fuch as Under- Sheriffs, Clerks, Re- ceivers and Bailiffs, in their Places, from Year to Year, or from their interchangeable Removal out of one Of- fice into another : It was enacted therefore, ' That ' thole who fhould be Bailiffs of Sheriffs for one Year, * fhould bear no fuch Office for three Years following, 8 excepting Bailiffs of Sheriffs which are inherite in 8 their Office ; and that no Under-Sheriff, Sheriff's * Clerk, Receiver or Bailiff, fhould be Attorney in any 8 of the King's Courts during their being in any fuch 1 Office.' By another Act it was ordain'd, * That in * every original Writ of v Actions Perfonal, Appeals 8 a^d Indictments, Additions mould be made of the I a * Eftate 1 3 i The 'Parliamentary History King Henry V. c Eftate or Degree, or Myftery of the Perfons, and of ' the Counties and Towns where they dwelt.' And whereas the Friends and Kindred of thofe Rebels that were flain in the late Commotions in Wales, in the for- mer Reign, endeavour'd to revenge their Blood by Quarrels and lnfults on the King's faithful Subject by Indictments or Impeachments, or Threatnings of Vengeance : It was therefore ordain'd by another Sta- tute, ' That no fuch Quarrel, Action, or Demand be * made, on Penalty of paying to the injur'd Perfon ' treble Damages, and of two Years Imprifonment * after the Conviclion.' There were Complaints alfo of Neglect in executing the Law made in the 13th Year of Richard the Second, forbidding any Alien Frenchman to have or enjoy any Benefice within this Nation, and requiring their Departure out of the Na- tion by a certain Time limited : And that when any Benefices became vacant by the Departure or Death of the Priors, Aliens or others, EngUjhntin, fhould be put in. The Commons reprefented 4 That contrary to ' this Act Alien Frenchmen did purchafe the King's 6 Letters Patents to be Denizens, that they might ' enjoy the Benefices, which they did accordingly pof- ' fefs, to the great Damage of the Kingdom, by carry- ' ing away its Treafure, and betraying the King's * Counfefs to his Enemies.' The King confidering thefe Mifchiefs, pafs'd an Act to enjoin the ftrict Obier- vance and Execution of the former; alfo for clear- ing the Nation of thefe Priors Aliens, thofe that were Con- ventual, and thofe who had Inftitution and Induction, only excepted, on condition that they be Catholick, and find Surety not to difclofe the Counfels and Secrets of the Realm. Great Difturbances were produc'd by the coming over into England of confiderable Numbers of lrijhmen, and begging Priefts, who were called Chamber- Deacons: Therefore, for the Eftablifhment of the Quiet here, and to re-people that forfaken Kingdom, it was ordered by Parliament, * That they fhould de- * part before the 1 ft of November, on Forfeiture ' of their Goods, and Imprifonment at the King's ' Pleafure.' There was another Complaint exhib : ted, ' That whereas all the Revenues, Profits, Fifhing ' Cuftoms Vj ENGLAND. 133 ' Cuftoms of the Town and Marches of Calais had King Henry v. * been appointed by Edward III. and Richard II. to * be levy'd by the Treafurer of Calais to fatisfy the ' Charges necefftry for its Defence, thefe Revenues ' had been diverted from their intended Ufe in the * former Reign, and beftow'd by Letters Patents on ' feveral Captains, and other Perfons.' An Act was pafs'd to revoke all thefe Patents and Grants, and to appropriate the Revenues and Profits of that Town to their firft Purpofe. Whilft the Parliament fat at Wejlm'infter^ the Con- vocation of the Clergy, according to the ufual Cuftom of thofe Times, was afTembled at St Paul's ; and wtre much more active in their Proceedings than the other. Thomas Arundel, Archbifhop of Canterbury, being fen- T j, e cler?y ff .„ fible how zealous the King was for the Church, thought up the Kk, .o this the fitteft Opportunity to root out thofe Heretical fjj 1 *** *; ir Doctrines, which had long been a grievous Thorn in^° F " V0U '^ ',' '^ the Sides of the Clergy. He hoped that the King's the Lollards. Youth and natural Courage, concurring with his Reli- gious Inclination, would more earneftly engage him in a Work, by which he might merit, at once, both the Fa- vour of God and of his People. By the Help of twelve Inquifitors, which- the Prelate had fent out the Year before, he had collected a large Bundle of Accufations, which were afterwards digefted into no lefs than 246 Articles, againft the Principles and Doctrines of the Lollards. On the Canvafing of thefe, in Con- vocation, it was, at length, decreed, ' That it would 1 be impoffible to extirpate the Doctrines of TVicHiffe, 1 unlefs certain Great Men, who were the profefled * Abettors and Maintainers of them, were taken off. * That Sir John Oldcaftle, Lord Ccbham, being the * Chief of them, mould be firft dealt withal ; and * that, without Delay, a Procefs fhculd be ifl'ued out ' againft him, as a moil notorious Heretick (a).* And s became the faid Lord was in great Favour with the King, for his Conduct and Valour, it was thought ad- I "? vifeable (a) This Sir John Cobham had been principally concern'd in bringing in i Bill in the laft "Reign for reducing the exorbitant Revenues of titt. Clergy ; The vvcurft Kind of Herefy he couU be guilty o£. 134 Ihe 'Parliamentary History Kins Henry V. vifeable to acquaint his Majefty with their Defigns, ' and the juft Occafion of them ; that, having obtained his Leave, their Proceedings might be more fuccefsful, and give lefs Offence (b). Thefe Things being fettjed in Convocation, an Ac- cident happen'd, which gave the Clergy a much great- er Handle to work the Downfal of thefe new Refor- mers ; who, being openly abetted by fome, but fecretly by many more great Men, who wanted to be (haring the Revenues of the Church amongft them, were become exceeding dangerous to the Clergy. And, in the very firft Year of this King an Infurre&ion of thefe Reformers began in and about London, headed by Sif John Oldcajlle and Others, which might have proved of ill Confequence, had not the King himfelf, by his Vi- gilance and Conduct, fupprefi'ed it. This unadvifed Step of the Lollards gave the young Monarch a warm Refentment againft them, and made him judge that their Principles were equally deftru&ive to Church and State. AnnoRegni, a. A Parliament was called to meet at Leicejler on the a L 414 ft 30th of ^r;7, 1 4 14. The Abridgment of the Records* cr * has put the Summons to this Parliament under the firft Year of this King -, but the Statute- Books, and our older Hiftorians and Chronicles, place it in the Second. The firft Acl that we find to be done at it, was a very fevere Statute made againft the Followers of Wicklijfe'% A moil fevere Do&rine, whereby it was [c) enacted, • That whoever them 3831 " 11 ' reac * ^ e Scriptures in Englijh^ which was then cal- * led Wickliffe's Learning, fhould forfeit Land, Cattle, * Goods and Life, and be condemn'd as Hereticks to * God, Enemies to the Crown, and Traitors to the ' Kingdom ; that they fhould not have the Benefit of ■ any Sanctuary, tho' this was a Privilege then granted ' to the moft notorious Malefactors ; and that if they ' continu'd obftinate, or relaps'd after Pardon, they * mould firft be hang'd for Treafon againft the King, * and then burn'd for Herefy againft God.' The Cler- gy (b) Walsingham,P. 383. Daniel in Kiknit, P. 309. Set alfo FoLtEs'i Cburcb-Hijiory, and Collier'* Ecclefiajlical Mifior], P. 633, & fupra. (e) Statutes at Large, An. z, Hen. V. 0/ ENGLAND. 135 gy having obtain'd this Aft, it was foon put in Execu- K i n? - tion ; many were taken, and fuffer'd Death upon it, and others fled in great Numbers into Germany, Bohe- mia, France, Spain, Portugal, and into the Mountains of Scotland, Wales , and Ireland. Several Afts of publick Benefit were likewife pafs'd in this Seflion, viz. An Aft to remedy the Abufes committed in diverting the Goods and Revenues of Hofpitals to other Ufes than what the Founders in- tended. Alfo, an Aft againft the Followers of Wick- Mffe, who were called Hereticks and Lollards ; in which it was required, * That the Chancellor, Trea- 4 furer, Juftices of the one Bench with the oher, Ju- 4 ftices of Peace, Sheriffs, Mayors, Bailiff., and all * other Officers, mould take an Oath to employ their * Power to extirpate all Manner of Herefies, com- 4 monly called Lollardies, within the Places where * they exercis'd their Offices : And that all Perfons con- * vift of Herefy, and left to the Secular Power, fhould * forfeit all their Lands and Goods to the King.' Likewife an Aft againft Riots and unlawful Aflerhr blies, enjoining, ' That fuch Rioters as were attainted 4 of great and heinous Riots, fhould fufFer at leaft 4 one whole Year's Imprifonment without Bail or 4 Mainprize j and that they who were attainted x of * lefTer Riots, fhould fufFer Imprifonment as long as ' the King and his Council thought fit ; and that the 4 Fines on fuch Rioters fhould be raifed to greater Sums 4 than they were ufually, for the Support of the Cofis 4 of the Juftices, and other Officers.' There was ano- ther Aft (d) pafs'd in this Parliament, by which the Priories Alien, who depended on fome Capital Abbies in Normandy, that received the Profits of them, fhould be intirely at the King's Difpofal : For the Houfe of Commons confider'd, that by thefe Abbies beyond Sea, pofieffmg the Lands and Revenues of thefe Alien Priories, great Sums of Money were carried out of the Nation ; and they forefaw, that when the War was begun with France, all the Subjefts of England who I 4 had (d) This A& in not in the Statute Book, but is mentioned among the Patent-Rolls, 3 Hen, V. P, z. M, z, 136 The 'Parliamentary History King Heniy V. had Lands and Eftates in that Kingdom would be de- The AHenPrio _priv'd of them : They therefore made this Aft to dif- ries^eftedi/thcpoffefs thefe Foreign Monasteries of thefe Priories AI- King. ien, and to veft them in the King, who having thus the Power of difpofing of them as he pleas'd, foon af- ter by Letters Patent dated June 24, gave two of them, (one of Paunfeld in EJex, the other of Wells in Norfolk^ which belong'd to the Abbey of St Stephen's in Normandy) to John IVodehoufe, Efq; and requir'd from him no other Acknowledgment than to prefent a Rofe to the King yearly on the Feaft of John the Baptijl. The Houfe of Commons having complain'd of the evil Adminiftration of Juftice, and undue Goverment in Shrcp/bire, and that by fuch Negligencies more Mur- ders and Robberies were committed there than in any other County of England ; the King, to remedy thefe Diforders, lent Edward Duke of York into that County, to fee fuch a Grand Jury return'd, as would, effectually inquire into fuch Outrages, and punifh fe- verely all that were guilty of them. But, notwithstanding this Act againft the Lollards y it was in this Parliament, at Leice/ler, that the Storm which had long been railing againft the Clergy, had like to have broke out to fome Purpofe ; had not the Wit and Policy of Henry Cbichely, then Archbifhop of Canterbury, -who fucceeded Aiundel, diverted the Danger. Another At- The Houie of Commons had again put the King in tempt of the Mind, of what had been defired in Parliament four ?°™™™J*i n ! i Years before, about converting the Lands and Pofleffi- ons of the Clergy to the Service of the State (e). * This Bill, fays an old (launch Proteftant Writer, ' made the fat Abbots to fweat ; the proud Priors to * frown ; the poor Priors to curie ; the filly Nuns to ' weep, and, indeed, all her Merchants to fear that * Babel would down (/").' For, at this very Time the Clergy were more apprehenfive of their Danger than ever, fince they knew not what the aftive and bold Spirit of a young Prince, agitated by Counfels which had a natural Tendency to increafe his own Greatnefs, might (t) Fabian's Chron. Fol. clxxi- See before. P, 114. {/J Hall's Cbron. P, 7a. the Clergy's Re- Of E N G L A N D. 13.7 might produce againft them ; and, confequently, they K ; ng Henry V. were in a terrible Confirmation. They once thought of fixing the King in their Intereft, by the voluntary Pre- fent of a large Sum of Money ; but, fome of the wifer Bifhops considering that fuch an Appearance of Bribery would be indecent for Perfons of their Character, and expofe them to the Hatred and Scorn of the People, this Propofalwas rejected. And as it had been conclud- ed, in the laft Synod at London, that the moft effectual Courfe to avert the impending Storm, was to find the King fome other Bufinefs to employ the Vigour of his ■ Courage, which might otherwife prove dangerous to which is fet a- them ; it was therefore judged neceflary to turn his fiJe by prompt- Thoughts to War ; and to follicite his Ambition by ^wkn" 5 * * reminding him of the Crown of France, defcended to France him from Edward II. one of his Royal Progenitors. By a Reprefentation of the juft Right the King had to that Claim, it was hoped his enterprifing Spirit might be ftirred up to demand the Crown of France, as the undoubted Heir, and, upon Refufal, to attempt the Recovery of it by Arms. And, to make thefe Coun- fels more prevalent, they, alfo, agreed to make an Offer of a greatSum of Money to fupply the neceflaryExpences of the War. Alfo, to give up all the Alien Priories in the Kingdom, to the Number of no, who were polTef- fed of Lands that would confiderably increafe the Re- venues of the Crown. Thefe Refolutions were foon after put in Execution ; for, we are told, that in this very Parliament, at Lei- cejler, the Archbifhop of Canterbury rofe up, in the Houie of Lords, and addreiled the King in Words to this Purport (g): 1 We all know, Great Sir, with what Royal Wif- The Archbifhop * dom and Care you have eftablifh'd the Peace and of Canterbury's * Profperity of your People, and we all enjoy the Speech in favour . T), 1 -i of the fa id War. 1 Bkllmgs of your excellent Government : But while * your Defigns and Actions have het-n directed to our * common Good, we have not done any thing for the 1 Increafe (g) Thefe Speeches, in Parliament, "are all printed, at length, in Hall's Chronicle, Fol. xxxvi. &c. and are but moderniz'd by Mr Goodwin. See, alfo. Uollingjbead, f. 545. Biojtdi, P. 104, &c. Speed's Chron. P. 62*. King Henry V, 138 The Parliamentary History Increafe of your Empire ; and among all the De- bates in this Honourable Aflembly to make Laws for the Security of the Subjects Liberties and Privileges, we have neglected to confider how we may advance the Greatnefs of our King, and in him that of our Country too. Now, fince I owe all my Fortune to your Favour, Gratitude, as well as the Duty of a Subject* obliges me to propound what I think may promote the Honour of fo gracious a Sovereign, and enlarge his Power. You adminifter Juftice to your People with a noble Equity, you are illuftrious in the Arts of a peaceful Government; but the Glory of a Great King conlifts not fo much in a Reign of Serenity and Plenty, in great Treafures, in magnificent Palaces, in populous and fair Cities, as in the Enlargement of his Dominions ; efpecially when the Allertion of his Right calls him out to War, and Juftice, not Ambition, authorizes all his Conquefts. Your Ma- jefty ought to wear the Crown of France by a Right defcending to You from Edward III. your illuftrious Predeceflbr. That valiant King openly challenged his Right by Ambafiadors, and when the French endeavoured to elude it by a pretended Salick Law, he bravely attempted to conquer by Arms what he could not obtain by a juft Treaty. You have the fame Title to demand that Crown, and the fame Reafons to make War, upon a Refufal. I doubt not but they will oppofe their imaginary Salick Law in like Manner againft your Claim ; but I know ve- ry well, that as they contradict themfejves in af- figning the Original of this Law, fo if it were granted that there is fuch a one, yet France is not concern'd in it. 'Tis in vain to tell us, .that 'twas made by Pbaramond the Founder of their Monarchy, as if he could be the Founder of a Law which had no Name nor Being 'till above four hundred Years af- ter his Death : For then it was that Charles the Great returning from the Conqueft of Saxony, Part of his Army pafs'd the Sala, and feated themfelves between that River and the Elb, and from the Name of the former were called Salique Gauls. This new Cqlony detefting the vicious Manners of the German * Women, Of E N G L A N D. 139 Women, made a Law, that none of that Sex fhould Kin* Henry V, inherit Lands within the Bounds of their little Go- vernment. But what is all this to France? How will the French perfuade us, that by virtue of this Law the Crown of that Kingdom mud not defcend to any Daughter of their Kings, if they do not firft prove their Country to be fituated between thofe two German Rivers ? But tho' all were true, which they report of this boafted Law, yet why mould they ufe it as an Argument againft the Right of our Kings, when they never made it any Bar in the Succeifion of their own? Pepin, who by depofing ChildericllI, mounted the Throne, was acknowledge the next Heir as defcended from the Princefs Blithilda, Daugh- ter of Clotbair the firft j and Hugh Capet, who u- furp'd the Crown from Charles Duke of Lorain the next Male Heir, to give himfelf the Colour of a Title, afTerted that he fprung from the Princefs Lin- garda, the Daughter of Charlemaign. Thus Lewis the Ninth too, whom they honour as a Saint, neg- lecting the precarious Title of Hugh Capet his Grand- father, could fufficiently fatisfy his Conscience and the Nation by deriving his Right from Queen Ifabella his Grandmother, as defcended from the Princefs Er- mingarde, Daughter and Heir of Charles Duke of Lo- rain, whom Hugh Capet had depriv'd of his King- dom and Life. But were it certain that this Salick Law had from the Beginnings of the Monarchy been eftablifh'd and inviolably obferv'd in France, yet what Obligation can a Law have, which is contrary to the Commands of God, and the Cuftoms of all other Nations, and fo offends againft all the Rules of Juf- tice and Reafon ? God declares, that if a Man died without Sons, the Inheritance fhould defcend to the Daughter : And there never was a Law among any People in the World, which excluded the Daughters from the Rights of Children. The French alone vio- late the Statutes of Heaven, and flight all the Laws that are in force on Earth, that they may devolve the Right of their Crown on whom they pleafe. But it is your undoubted Right, my Sovereign, and all the Powers of France will be too weak to oppofe * your 1 40 The Tarliamentary History King Henry v.J your Poileffion, if you do but refolve to vindicate it. c Confider therefore the juft Title which you have to ' this Crown, devolv'd on you by Queen Jfabella, your 4 Great Grand-mother, Sifter and Heir to three fuc- ' ceflive Kings of France^ who died without Children, * and take up noble Arms to afTert fo juft a Caufe ! * Advance your Standard into France^ and with affur'd * Hopes of Victory march to conquer thofe Domi- * nions which are your own by Inheritance ! There is ' no true Englijhman but is ready to devote his Life ' and Fortune to fo glorious a Service of his King. * And in full Perfuafion of the Juftice of the War, we « the Clergy have given fuch a Sum of Money to 4 maintain it, as was never granted to any of your c Predeceffors, and will join all our Prayers for the ' Succefs of your Arms.* When the Archbifhop had ended his Speech (b), and the King feem'd mov'd with it, Nevil Earl of Wejl- moreland, who was High-Warden of the Marches to- ward Scotland, apprehending that the Country com- mitted to his Government would be expos'd to the In- curfions of that Nation, if the King mould draw his Forces out of England for this Expedition, thus fpoke to difluade the War. ■Which h op- f Tho, faid he, I freely acknowledge myfelf of the p Sl ythe , E f' ^me Mind with my Lord the Archbifhop, as to the ©tWeftmoreland., _ / . ■ r> * Lrlory that will be gam d in conquering trance y and * the Advantages that may arife from the Acquifition of ' fuch a flourifhing Kingdom ; yet I cannot but ad- ' vile, that our Arms fhould be firft turn'd on Scotland^ ' that by fubduing that People to the Englijh Dominion, *. the whole Ifland may be brought under one Govern- ' ment. When all our Strength and Forces fhall be ' united, when there fhall be no Enemies to difturb ' us within the Bounds of this our little World, feparat- ' ed from the other by the Ocean, then Will be the ' proper Time to confider of foreign Conquefts, and * how we may extend the Englijh Empire abroad, * which, while we are unfecur'd at home, we cannot ' attempt with any reafonable Hopes of Succefs. It 6 has therefore been the conftant Practice of wife Go- ' vernments, \ {b) Hollirrgjbcpd, 54€. Biovdi. Of E N G L A N D. 141 * vernments, who have profper'd in enlarging their King Henry V. * Dominions, firft to fubdue thofe People which bor- * der'd on them, before they advanc'd their Arms againft ' the more remote. By this Method were the AJJyrian, * Per/tan and Grecian Monarchies raifed to fuch Height ' of Power, that a great Part of the World was forced ■ * to bow to them. Thus the Romans eftablifh'd a * larger Empire than any of the former j but they ' would have fail'd in the Attempt, if they had in- * vaded more diftant Nations, before they had fubdu'd * their Neighbours : But when by conquering the ' Samnites, the Volfcl, the Fidenates, and other People * around them, they had made themfelves intire Ma- * Iters of all Italy, they foon carried their victorious * Arms thro' molt Parts of the Earth. But what need * I argue from Examples? It is reafon fufficient againft * a War with France, that whenever to invade that ' Kingdom we fhall draw the Strength out of our ' own, the Scots our ancient and inveterate Ne-igh- ' bours will bring Fire and Sword into the Bowels of * our unguarded Country. And to put this paft Que- ' ftion, I will only remind vou of the old League be- * tween that Nation and France, by which, if either ' of them are invaded, they are bound mutually to * affift one another. We have found them fo punc- * tual to their Agreement hitherto, that whenever we ' have tranfported our Armies into France, the Scots * have enter'd our Country with dreadful Devaluations. * If then we mult have a War with either of thefe ' People, let it be with Scotland, where all Things * promife to us an eafier Victory, their King being an ' honourable Prifoner in our Court, and the unfeafon- * able Severity of the Duke of Albany, who governs in * his Abfence, having thrown that Nation into difmal * Convulfions. But to invade France, what a vaft * Army is neceflary ; what immenfe Sums of Money * to raife and pay the Soldiers, and what a prodigious " * Fleet to tranfport them?' , _ The Earl having ended the Duke of Exeter (i), But being f the King's Uncle, who having been defign'd by his Fa- ported by the ther DuJccof Exeter j (I) E'JUngjbtady Biondi, &c. call him fo ; but he was , then only Eari of Dorfet, tho' created Duke af:er.\ard;. Kinj Henry V. 142 The Tarliamentary History ther for the Church, had received a learned Education in the Univerfities of Italy-, thus fpoke in Anfwer. * If 1 did not know, that the moft effe&ual Courfe to deftroy any Mifchief, is to cut off the Root which feeds it j and if Experience had not taught all of us that France is the Spring which has nourifh'd a perpetual growing Enmity in the Hearts of the Scots againft us, I mould advife that the French might be the laft with whom we make War. But fince they have always been induftrious to render Scotland an irreconcileable Enemy, and to foment in the Minds of that Nation a fierce Hatred and Defire of Revenge ; fince they have on all occafions ftirr'd 'em up to invade us, and by their Affiftance have enabled them to do fo ; it is certainly the belt Counfel, that by a vigorous War upon France we fhould ftrike at the Head of all thefe Mifchiefs : For if that Kingdom be conquered, either the Scots will no more be our Ene- mies, their Hatred being no longer kept alive and cherifh'd by the old Fomenters of it ; or if they refufe to incorporate into one People with us, yet deftitute of Succour from that Nation, they mult without any lading War fubmit to our Power. How will they be in a condition to fight us, when they mall want Arms to put into their Soldiers Hands, or Officers to lead 'em, all Supplies from France being cut off? And whither fhall they have recourfe for Aid, when that People is fubdu'd by us ? Not to Denmark, whofe King is Brother-in-Law to ours; not to Portugal and CaJIile, for the Kings of both thofe Nations are allied to our Sovereign ; not to Italy at fo great a diftance ; not to Germany or Hun- gary> which are in League with us. Let us then begin the War with France , fince we fhall conquer two Nations with one Victory ; and fince a rich, fruitful and pleafant Country will be the Reward of the Conqueror. What tho* the Scots may invade us, when our King with his Army is abfent ? Their Incur fions furely will not be fo dangerous, but that the Earl of We jlmor eland, who is Warden of the Marches, with a few felett Troops, will be able not only to make Head againft them, but to give them a Re- pulfe.' . The. Of E N G L A N D. 143 The Duke's Arguments prevail'd with the King and King Henry V. his Brothers, who being all young and ardent of Glory, were impatient to fignalize "their Courage againft the old Enemies of their Country : And the fame gallant Spirit' diffuling itfelf thro' the Minds of the other Nobles, they all declar'd for a War with France ; War j, 4 et i mi which being thus refolv'd on, the Parliament was pro- accordingly, rogued to Wejlminjler. In this Parliament the King created his Brothers John, Duke of Bedford; and Humphry ', Duke of Glo- ' cefler ; and Richard, Brother to the Duke of York, was alfo made Earl of Cambridge (I). We have no Account of the Proceedings in this for- mer Seffion of Parliament, at Leicefter; nor of the Pro- rogation of it, as above, in Cotton's Records j but a new Parliament, which he fays, was called to meet at Wejl- minjler, this Year, falls in exactly with the Hiftories, and goes on regularly with them for the future ; the Writs bearing Date September 26, to be holden on the Oclaves of St. Martin following. It having been our Cuftom hitherto, to exhibit a Annt R j Lift of the Temporal Lords, once or twice in a King's 1414. ' Reign, we fhall therefore give the Names of the Peers At Wcftminfter. fummoned to this Parliament {m). r HO MAS, Duke of Richard Beauchamp, Earl of Chrence t and Earl of Warwick. Albemarle. Richard dt Vere, Earl of John, Duk e of Bedford, and Oxford. Earl of KendaJe. Thomas, Earl of Salisbury. Humphrey, Duke of Glo- John, Earl Marfhal. cejlet\ and Earl of Bern- Thomas, Earl of Dor jet. broke. Michael de la Pole, Earl of g Edward, Duke of York. Suffolk. Richard, Earl of Cambridge. Ralph Nevile, Earl of Wejl- Edward Courtney, Earl of mor eland, , Devon/hire. Edward, Lord Charlton of Ihomas, Earl of Arundel. Powis. Edmond, Earl of March. William, Lord Clinton. Thomas, (/) Hall's Chronicle, Fol. xxxvi. J. Stowe, P. 345. (ot) Cotton'* Abridgement , P, £38. Dugdalk'i Summitn to Par* foment, P. 394. 1 44 The Parliamentary History King Henry V. Thomas, Lord de la War. Richard, Lord Grey, of Co- Henry, Lord Scrope of Ma- donor e. Jham. Reginald, Lord Grey, of Henry, Lord Fitzhugb. Ruthyn. William, Lord Ferrers, of -P^r, Lord Mauley. Groby. William, Lord Zfltf£, of Thomas, Lord Morley. Harringworth. Hugh, Lord Burnel. Thomas, Lord Camois. Thomas, Lord Berkley, of William, Lord Botreaux. Berkley. John, Lord Latimer. John, Lord V^elles. Richard, Lord Strange. Ralph, Lord Cromwel. Robert, Lord Poynings. Ralph, Lord Greyjlock. Gilbert, Lord 7*#0/. Thomas, Lord Dacre, of y^ 5 Lord Clifford. Gil/land. John, Lord Talbot, of /tfr- Robert, Lord Harrington. nival. Robert, Lord Willoughby. John, Lord Z^W, of T/V^- No Lord-Warden of the *w*r/#. Cinque-Forts in this Lift. On November the Jpth, the Parliament met, and the King being feated on his Throne, in the Painted Cham- ber of his Palace at Wejlminjler ; by his Command, the Bifhop of Winchejler his Uncle, and Chancellor of England, opened the Seffion by a Speech ; wherein he declared, ' That his Majefty would, that the Church, ' with all Corporations and Perfons fhould enjoy their ' former Liberties. That the King not only endeavour- * ed to govern the Realm wifely, but he was alfo * ftrengthning himfelf to recover his due Inheritance, * which, tho' belonging to, yet had been a long Time ' withheld from his Crown ; which Claim he was re- ' folved to profecute even unto Death. And for the * attempting fuch a mighty Exploit, great Provifion * was required.' Then taking for his Subject, Dum Tempus habemus- cperamur bonum ; he inferred from thence, ' That to * every natural Difpoiition two Kinds of Times, or 4 Seafons, were limited ; for Inftance, as to Trees, one * Time of growing, and another Time of bloflbming ' and bearing Fruit ; to Man, one Time for Labour, * and another for Reft ; to Princes, the Heads of Men, a* Of £ N G L A N D, 145 ' a Time for Peace, and another for War. That the King Henry V. ' King finding his People' in great Eafc and Peace, had ' therefore the better opportunity to attack the Ene- ' my j to which he applied, Dum Tempus. That to * fuch an high and noble Enterprize, fome Things * were abfolutely neceflary, as good Advice, Obedience * of his Subjects, and a chearful Relief from them. , ' That they ought to grant a larger Subfidy, confider- * ing that their Prince and only Patron, would go * in Perfon againft the Enemy, and freely expofe his c Life to all the Dangers of the War ; and concluded * with defiring the Commons to choofe a Speaker, and * prefent him the next Day to the King.' According- Thomas chau- ly, they elected Thomas Chaucer Efq; and prefented him"^^' ekaei in the ufual Form. pea«cer. The Commons then proceeded to confider of the Supplies, and by the Affent of the Bifhops and Lords granted to the King two whole Tenths, and two whole A Supply voted. Fifteenths, to be levied on the Laity. It was enacted likewife, ' That the King by his ' Council, fhould have Power to make Ordinances con- ' cerning the Coin, which mould continue till the c next Parliament ' Henry Percy, Grandfon of the late Earl of Northum- berland, and Son to Henry Hotfpur, ilain at the Battle of Shrew/bury, being now of Age, and a Prifoner in Scotland, prefented h;s Declaration to the Parliament ; in which he fhew'd that the King had reftor'd him to Henry Percy re- the Honour which his Father had forfeited by his Re- ftored t0 his Ti- bellion, and had made him Earl of Northumberland : th ™* Mite ' He therefore requir'd a general Reftituticn to it in Blood, and that he might be reftor'd to all the Heredi- taments which were intail'd, with free Entry in all of them, referving to the King the Lands of Fee-fimple. The King granted all to him, on condition that before his Entry into any of the faid Lands, he mould, by Mat- ter of Record in Chancery, prove the Lands intail'd : And his Majefty appointed Sir Robert Urn/ revile to treat with the Scots about Percy's Delivery, who, by the Earl of Northumberland his Grandfather, had been left with them as an Hoftage. He confirmed alio to John Duke of Bedford^ and to his Heirs Male, the Cattle, K Earldom, 1 46 The 'Parliamentary History King Henry V. Earldom, Honour, and Seigniory of Richmond, which Ralph Eatl of Wejimoreland held during his Life. ' Aa for the Re- In this Parliament it was enacted, c That fuchPer- guiation of Ju- c ions on ] v {^q^ b e made Juftices of Peace, by the fl K es of Peace j , ^.^ q{ ^ Chancel]or , an j of the King > s Coun _ * cil, who dwelt in the County in which they were to ' exercife their Office.' That whereas, contrary to the Statute made in the Thirty-fixth Year of Edward III. forbidding any Parifh Prieft, or Yearly Prieft, to take more than five or fix Marks for their Annual Stipend, the Priefts refus'd to ferve under Ten Pound, Twelve Marks, or Ten Marks The clergy 5 at the leaft : It was ordain'd, ' That no Yearly * Chaplain mould take above feven, nor any Parifh ' Prieft, retain'd to be a Curate, more than eight, but ' by Licence of the Ordinary, lb as the whole Sum * exceeded not nine Marks,' In confideration of the Abufes that arofe from fuch H*%* f+-r~rt~* Perfons ferving on the Inqueft and Jury, as (having no- 5s^r7 i*/—* 1 ". thing to live upon, nor to lofe when con vi&fd of P-gr- fc^ *~- ^^T**. jury) gave falfe Verdids contrary to their Confciences, *-*• *" ^/jX^/*^^ an Act was made, * That no Perfdfl who had not in TZlji^^. A^- * Land or Tenements forty Shillings yearly, mould *^^A^t*^» *■ be admitted on an Inqueft upon Tri al of Life and %? h% x^t^GJ? De aths nor on any other Inqueft in Picas ReaT or * Perjonai, of which the Debt and Damages decIar'S ' amounted to forty Marks, but upon the Parties,con- * cern'd challenging him mould be rejected. By Authority of this Parliament, Richard, who was Son and Heir to the Earl of Cambridge, beheaded at Southampton for High-Treafon the Year before, was reftored to Blood, and created Duke of York. This Prince was the fole Heir to the Houfe of that Name, and fome time after married Citify Daughter to the Eail of Wejimoreland, by whom he had Henry, who died young; Edward, afterwards King ; Edmund, Earl of Rutland ; Anne, Dutchefs of Exeter ; Elizabeth* Dutchefs of Suffolk; George, Duke of Clarence ; Ri- chard, Duke of Glocejler, afterwards King j and Mar- garet, Dutchefs of Burgundy lb). The [/>) Fabian'* C&nw. Fol. CLXXIIII. O/ENGLAND. 147 The King had been fufficiendy moved with the King Henry V. Reafons given in the Parliament at Leicejler for making his Claim to the Crown of France, and his great Cou- rage and Spirit now fpurred him on to attempt the Conqueft of that Kingdom, if his Demands were not accepted. The Subfidies granted, by the Clergy and Laity, to enable the King to begin this great Enter- prize, amounted, in the whole, to a very large Sum ; and, if we may believe an old Hiftorian, to no lefs than three hundred thoufand Marks Sterling. By which means great Levies of Men were made, fuccefsfully, in all Parts of the Kingdom. But, to gain a more fpecious Pretence for War, it was neceflary firft to offer Peace ; tho' upon fuch Terms as Henry knew well enough would not be accepted. There had been fome time before a Treaty of Marriage fet on foot between this young Monarch and the Princefs of France, who is faid to have been a Paragon of Beauty j but now Henry much enlarged his Demands with the Princefs ; and by his Emb.ifTadors to the Court of France ; infifled on a Reflitution of all thofe Provinces, which his Predeceflbrs had ever enjoyed in that Kingdom. How defirous foever the French Court was of an Alliance with England, and marrying their Princefs to a young and potent King, yet the reftoring thefe Provinces, was a very difagreeable Article, and could never be reconciled to their Politicks. Accordingly, all Treaties of Peace were broke off The French War upon it, and the King of England made mighty Prepa profecuted with rations, both by Sea and Land, to invade France, and great Vl & our< aflert his Right to that Kii gdom by the Ratio ultima Regum. 1 To the particular Writer of this King's Life (c), and to the more general Hiftorians, we mult refer for a De- fcription of the glorious Exploits performed by this mag- nanimous Hero in France; of which, the ever-memo- rable Battle of jigincourt has employed their Heads and Pens to fome purpofe. After Henry 's Return to Eng- land, and his triumphant Entry into his capitaf City ,of London, he prefently called a Parliament -, the Writs K 2 for (c) The llijlory of the Reign of Henry V. King of England, by Mr, Goodwin, Fel. Lond. 1704. 1 48 The Tarliamentary H 1 s T o ry Kin| Henry ▼. for which were dated January 21ft, and returnable the 1 6th of March following. In the Abridgment of Re- cords we find, that John Duke of Bedford, the King's Brother, who had been left Regent in his Abfence, cal- led two Parliaments ; but there is nothing added, ex- cept the Names of the Peers who were fummoned to them. Tt is remarkable, however, that there are not twenty Lords named in each Summons ; the reft, we may well fuppofe, were gathering of Laurels with their heroic Sovereign in France. AnnoRegni 3. The Parliament met at Wejiminfler on the 16th of 1415- March 1415, when the King fitting in his Royal At Wcftmmftcr. ThronCj in the p a j„ te j chamber of the Palace, com- manded the Bifhop oSWinchefter, ftill Lord Chancellor, to open the Caufe of the Summons ; who, in the Pre- fence of the three Eftates of the Realm, firft made the ufual Declaration, that it was the King's royal Will and Pleafure that the Church and all other Perfons and Corporations mould enjoy their Liberties, and then took for his Text, Vobis Viam, &c. v In difcourfing on which he endeavoured to demon- ftrate, * That a Thing well begun and continued with * Diligence, muft have a profperous Event, according * to the Saying, Dimidium Facli, qui bene capit habet. * This he applied to the King's Succefl'es, who had * made fo glorious a Beginning, by invading France to ' recover his Right, and an Inheritance derived from * his Anceftors j who had purfued his gallant Enter- * prize in a continued Courfe of Victory, by the Con- * queft of Harfleur, and the Defeat of the French, in ' a general Battle at Agincourt. That it being only * peculiar to divine Wifdom to forefee the End and * Event of all Things, he entirely referred that to * God ,• with great Hope of SuTefs from fo profperous * a Beginning. Which, that the King might be en- * abled to obtain, he had called this Parliament for ' their good Counfel and Affiftance.' Sir Waiter Pem- The Commons, retiring to their Houfe, chofe Sir cKampchoien Walter Beauckamp, Knight, for their Speaker; who, teaser. being allowed, they next, with the Aflent of the iifhops and Lords, appointed that the TitUbt and Fif- teenths, Of ENGLAND. 149 teenths, granted laft Parliament, mould be paid fooner Rin * Henr y v « than was ordered. By the fame Authority, it was enabled, ' That, confidering the damnable Schifm be- * tween the two Popes at Rome, all Bifhops elecl, * and other Perfons, mould be confirmed by their own ' Metropolitans, upon the King's Writ, without far- ' ther Excufe or Delay.' On the 8th of April, the King prorogu'd the Parlia- ment to Monday in the third Week after Eafler ; when being again aflembled, the Chancellor told them the Reafon of the faid Adjournment, was, not only on occafion of the devout Time, but that an honourable Peace had been offer'd by the French, and that the Em- peror Sigifmund was the Mediator in it ; in which the Commons were defir'd to give their Advice. But, tho' this is here mention'd in the Records, they give us no farther Account about it. The other Tranfac- tions of this Parliament are all on lefs publick Affairs, no new Subfidy being either asked or granted ; which may be owing to the great Riches the King had acquir'd, either by the vail Plunder at Agincourt, or the Ranfotn of Prifoners. The following are the moft remarkable Petitions in this Parliament : Petition. ' That all Sheriffs, for the Fees of Knights Petit ' ons of the « coming to the Parliament, might enter into all Li- Common3 ' c berties, except the Demefnes of all Lords, and fuch * Towns as find BurgefTes. Anfwer. ' The Stature made 1 2th Richard II. mould * be kept. Pet. f That all Sheriffs might be difcharg'd in the * Exchequer upon their Oaths. Anf. « The King will be advis'd. 2d Hen. V. « (hall be obferv'd. Pet. * That the King's Purveyors do take eight « Bufhels of Corn only to the Quarter, ftrik'd ; and « that they take up no Provifion in the Market, with- ' out the Good- will of the Party, and ready Pay. Anf. ' The Statutes made for that Purpofe mall be ' kept. Pet. * That fome Remedy might be found for the ' Relief of the poor Clergy, much wafted, becaufe the * Univerfities fwarm'd with new Learning, by reafon ' of the Statute of Provifors, which caus'd the old ' Faith to be neglecled. Anf. ' At the King's Motion, the Bifhops pro- ' mis'd to provide a Remedy for this Buiinefs. Pet. ' That the Penalty of fuffering any Prifoner * to efcape, who was guilty of counterfeiting, warning, ' or clipping Money, might be a hundred Pound. Anf. * The Penalty fhall be arbitrary as before. Pet. c That all Writs of Subpana, and Certis de 1 Caufis, going out of the Chancery and Exchequer, ' might be controll'd, and not granted in Matters de- ' terminable at the Common Law, on Penalty of the 4 Plaintiffs paying forty Pounds by Way of Debt to the * Defendant. Anf \ The King will be advis'd. A&s paffed. It was alfo enadled in this Parliament, * That where- £ as feveral Bretons were come into the Kingdom, * either as Spies, or to carry Money and Jewels * out of the Nation, all of them not naturaliz'd, ' were, by Act of Parliament, requir'd to go out of * the Land, before June 24 eniuingi, upon capital ' Penalty.' This was becaufe the Duke of Brctagne was Confederate with the King of France. And whereas Provifions of Benefices from the Pope had been made ufe of, to exclude from the faid Bene^ fices the Incumbents, who by the Gift of the Patron had long enjoy'd them j it was therefore ordain'd by another Of ENGLAND. 151 another Ad, * That no Incumbents fhould be moleft- King Henry v. * ed under Pretence of any fuch Provisions of the c Pope ; that whoever disquieted them, mould incur e the Penalties contain'd in the Statutes of Provifors ' before made ; and that they mould be profecuted c by Proccfs of Praemunire facias form'd againft them ; * and that the Perfoh who fu'd them mould recover * treble Damages. Another Act pafs'd, to make Clipping, Warning, and Filing of Money, Treafon : And whereas, (by reafon that it belonged only to the King's Juftices be- fore himfelf, or by fpecial Commiflion afiign'd, to judge and punifii this Crime J it was fo boldly and ge- nerally pradis'd, that the Deftrudion of all the Coin was unavoidable, if hafty Execution and Remedy were not provided ; it was therefore enaded in another Statute, ' That the Juftices. afiign'd to take Affizes, ' in all the Counties of England, fhould have Power ' by the King's Commiffions to hear, and determine ' in their Seffions, all fuch Caufes concerning the de- ' baling or falfifying the Coin of the Nation.' And whereas, contrary to the Cuftom in the Days of Ed- ward III. when no more than Half a Crown, or a Crown at the molt, was paid for proving a Will, the Ordinaries did now take forty or fifty Shillings : It was therefore ordain'd by another Ad, ' That no Ordinary ' fhould take above that old cuftomary Rate for the c Probate of any Teftament, upon Penalty of forfeiting ' to the agriev'd Perlbn treble the Sum fo receiv'd.' This Statute was to ftand in Force only to the End of the following Year. Thefe Ads being pafs'd, and Henry, the Grandfon of Henry Percy, Earl of Northumberland, who had fo long been an Exile in Scotland, and who, in the Parlia- ment held at Wejlmlnfter, in the Second Year of this King's Reign, had been reftor'd to his Honours and Lands, having now in the Houfe of Lords done Ho- mage to the King fitting in his Chair of State, this Seffion ended. Next Year great Preparations being made, on both Sides, to carry on the War again with Vigour. The Englijl) King found himfelf obliged to call a Par- K 4 ltament, i .52 The Parliamentary History King Henry v. liament, in order to raife Supplies for that Purpofe ; and Writs were fent out dated at Sandwich, October 9, juft after the King's fecond Landing from Abroad, for one to meet at Wejlminjler on the 1 9th of the fame Month ; the nreffing Exigencies of the State requiring fuch a fpeedy Summons. AnnoRegni4. On the Day of the Meeting, the Bifhop of Win- i4 l6 -. chejler opened the Seflion with the ufual Formalities, At Weftnunfter, anc j ^ ltx q UOt j n g f or his Theme this Latin Sentence, Operant detis ut quieti fitis. He alledged, ' That as * God had in fix Days created all the World, and * refted the feventh ; fo the King, agreeable to his * Coronation Oath, had, in Jive former Parliaments, c endeavoured to eftablifh good Laws for juft Admi- ' niftration at Home, and the fecuring of an honourable ' Peace Abroad. But that the French were fo little * inclined to comply with the reafonable Terms of- * fered them, that they refufed to render the Englijh * Prifoners taken at the Battle of Agincourt, or to ' ranfom their own. That the King provoked at the * obftinate Injuftice of an Enemy, who refolved not * to do him Right in any Thing, was conftrained to ' attempt the Recovery of his own by Force of Arms. * And fince, faid he, this is his Majefty's juft Refolu- ' tion, and that there is, indeed, no other way to * bring his Enemy to Reafon, Bella faciamus ut Pacem * habeamus, quia Finis Belli Pax eft ; he is determined * to ufe Violence, and purchafe that Peace, with the ' Sword, which is not to be otherwife obtained.' He concluded with telling them, that the King intended to make ufe of their Counfel, and required them tochufe and prefent their Speaker to him. Roger Flower, On the third Day of the Seflion the Commons pre- Efq;eleded fented Roger Flower, Efq; who was accepted ; and to Speaker. ^ ew ^^ g re?Ll 2 ea i f or tne Caufe the King was en- gaged in, with the Confent of the Lords, they granted two whole Tenths and two Fifteenths to be levied on » the Laity ; the Clergy, alio, granted two Tenths on their own Body. But all this being not fufficient, or thought too dilatory for the King's preffing Occafions, at the fame time it was enafted, c That all Perfons who * would lend any Sums of Money to the King, fhould have Of ENGLAND. 153 ' have Letters Patent to be paid out of the firft Mo- King Henry v. * ney raifedbytheSubfidy ;' and the Dukes of Clarence, Bedford, and Glocejler flood engaged for the Perfor- mance of this, in cafe the King fhould die : Upon v/hich many of the Bifhops and Lords, whofe Names are in the Parliament Rolls, readily fubfcrib'd ; yet all was fo deficient, that the King was neceflitated to The Crown and pawn the Crown to Henry Beaufort, Bifhop of Win- Kin s' s Jewels defter, for a vaft Sum, and to borrow a thoufand Marks ^^j,"'" of the Lord-Mayor of London, upon the Security ofwaragainft many rich Jewels (d ). France. At this time his Majefty was pleafed to grant a ge- An Act for a Ge- neral Pardon for all Crimes which did not concern neralPardon > Life, or Lofs of Members. *? d feve ™l °~ An Aft was alfo paffed, < That all Sheriffs mould ' P have allowance upon their Accounts by Oath.' This had been petitioned for by the Commons in the former Seffion. Alfo, whereas by an Act made 12 £.11. certain Rates of annual Wages for Bailiffs and other Servants of Husbandry were fettled, and a Penalty ordain'd for any who gave or took more ; by an Act now it was eftablifh'd, * That the Taker only fhould incur this Penalty.' Another Act ordain'd, that none of the Irijh Nation fhould be elected an Archbifhop, Bifhop, Abbot, or Prior ; and that whoever promoted fuch to thofe Ec- clefiaftical Preferments, or brought any fuch Irift? Re- bels to Parliaments, Councils, and other Affemblies among the Englijh, fhould have all their Temporal Eftates feiz'd into the King's Hands, till they had paid the Fines due for fuch Offences. There was alfo an Aft of Pardon, by which all For- feitures, Fines, Debts and Demands, not exceeding Twenty-fix Shillings and Eight pence were remitted, and all Trefpafles, Offences, Confpiracies, &c. par- don'd. Befides thefe, and fome other lefs remarkable Acts, the (d) Henry Beaufort, Bifhop of Wincbejicr, on hi* own Account, lent the King zo,poo 1, 1 54 the Tarliamentary History King Kenry v. the League and Alliance between the King and the Em- peror Sigifmund, was confirm'd by the whole Aflent (e). And on the laft Day of the Seffion, the King fitting on his Throne in full Parliament, created Thomas Beaufort, who was Earl of Dorfet, Duke of Exeter, who had alfo a thoufand Pounds confirm'd to him, to be paid yearly out of the Exchequer, and forty Pounds out of the Cuftoms at Exeter. The Lords fo approved of this Example of the King's Liberality, that they faid no Objection could be made, but only that it was too little, and not proportionable to the Merits and Ser- vices of that noble Perfon (f). In this Seffion Sir John Tibetot, who had fo much diftinguifh'd himfelf as Speaker of the Houfe of Com- mons in the laft Reign, was appointed the King's Re- fident at the Imperial Court. Henry, by the Affiflance of his Parliament, having again railed Money for the Support of the War, and refolving to invade France, early next Spring ; great Levies of Men were made for that Purpofe. He caufed Proclamation to be made, that all Soldiers, who would ferve him in his Wars, fhould have twenty-five Crowns a Month ; and invited them to partake in his Con- quefts, which, in all Appearance, would this Year be very confiderable. Other Means he took to render his '' . Army formidable ; but, it was not till July, 1417, that he could get all ready to embark, and he landed his Army at Bevile, in Normandy, a few Days after, in fpite of all Oppofition. . John Duke of Bedford the King's Brother was left Re- thc Scots°de- g ent during his Abfence ; and w hi! ft this victorious Mo- feated. narch was gaining many Victories and Towns in France, the Scots thought proper to invade the Engl; fa Borders ; but, by the Conduct of the Regent, they were foon driven (e) This Emperor came over to England, and employ'd his beft En- deavours to mediate a Peace between the Crowns of England and Trance j but they all proved ineffcclual, and all he could do was to fettle a Jail- ing Peace, on feveral Articles, between himfelf and the Crown of Eng- land. There is an Inftrument in the Public ABs, under this Title j and refers to the next Parliament. Allegantia cum Rege Romanorum, pro Forma Traftatus inde habiti, Confirmatio in Parliamcnto. Dat. Vicef- Jimo tiono Die Oclobris Reg. 4to, Fcen. Ang. Tom. IX. P. 403. (/) He was Son to the Duke of Exeter, beheaded at Chefier for a . Plot in the laft Reign. , Of ENGLAND. 155 driven back again with Shame and Lofs. After the Kin; Henry v. Nation was thus delivered from the Dangers of this Invaficn, the Duke thought proper to call a Parliament, the Writs bearing Date October 5, and to fit the 16th of November following, at Wejlminjler. At which Time and Place being alTembled, in the Anno Re s nl s- Painted Chamber before the Regent, Thomas Lang ley, At wdbninfter. Bifhop of Durham, then Lord Chancellor, declared the Caufe of their Meeting, and took for his Theme, Confortamini et viriliter agite, et glorioft eritis. * On which Words he took occafion to expatiate, and to fet forth their Happinefs and Glory in the Reign of a King, who, during his Father's Life, had fupprefs'd the Rebellion of the Welch ; and, fince he came to the Crown, had defeated the dangerous Confpiracies formed againft the Church, and againft his own Per- fon and Government. Who had been fo profperous in War by the Conqueft of Harfleur, and the Vic- tory at Jgincourt, and who now with continued Succefles, was fubduing Normandy to the Engli/h Dominion. That the chief Caufes of their Meeting were to provide for the keeping of the Peace at home, and due Obfervation of the Laws j to make Provi- fion for the Support of the War, and to take Care for the Defence of the Marches of Scotland. That in all thefe Things it would become them viriliter a- gere, to adl ftrenuoufly ; which, if they did, he then allured them of Honour and Glory ; confidering, Renumeratio Virtutum ejl Honor.'' He concluded, as ufual, with defiring the Commons fo chufe their Speaker, and prefent him next Day to the Duke Re- gent. Accordingly on the third Day of their Sitting, Roger Flower, Roger Flower Efq; was, again, elected ; who, with Efc H a g a 'nchofer» the common Proteftation, was allowed. And, as a s P eaker - Teftimony of their hearty Attachment to the King's Intereft, and Zeal for the War, the Commons with the Aflent of the Bifhops and Lords, granted to his Ma- a Subfidy jelly a Tenth, and one Fifteenth (g). & ranted - We (g) Sed Pecunia imprimis imperatur, quo Sumptui in Copias fuo Tem- pore fiant \ tiempe nullus erat, cut id Bellum von maxime Cordi ej/et, videreturque tarn utile quam opportunum, Pot. Vers, Lib. XXII. P. 449. King Henry V. Proceedings a- gainft Sir John Oldcaftle, Lord Cobham. 1 36 The Tarliamentary History We fhall conclude the Tranfaclions of this Parlia- ment with an Affair of an extraordinary Nature, which came before the Lords j and firft give what the Record relates about it. 4 On Tuefday the Eighteenth of December, and the * Twenty-ninth Day of this Parliament, Sir John Old- ' cajlle^ of Cowling in the County of Kent, Knight, ' being outlawed upon Treafon in the King's- Bench, f and excommunicated by the Archbifhop of Canier- ' bury, for Herefies, was brought before the Lords ; ' and, having heard his faid Conviction, anfwered not * thereto in Excufe : Upon which Record and Procefs 1 it was adjudged, that he ihould be taken as a Traitor ' to the King and Realm j that he fhould be carried to ' the Tower of London, and from thence drawn thro* ' London to the new Gallows in Saint Gyles's, without ' Temple-Bar, and there to be hanged, and burned hang- ' ing.' The Record out of the King's Bench is at large ; the EffecT: whereof is, ' That the faid Sir John * Oldca/lle, and others, to the Number of twenty Men, ? called Lollards, at Saint Giles's aforefaid, did confpire * to fubvert the State of the Clergy, to kill the King, * his Brothers, and other Nobles.' The Archbifhop of Canterbury's Inftrument for his Excommunication, is there alfo at large (h). And a Motion being made, that the Lord Pewit might have the Thanks of the Houfe, and the Reward in the Proclamation mentioned, for apprehending of Sir John Oldca/lle, Knight, the Heretick ; it palled in the Affirmative. §hiid vultis mihidare, cries out Wil- liam Prynne at this Paffage ; ' The Brother of Judas ' craveth his Reward for betraying the Innocent \ ' wherein it is not to be doubted but that his lighter * Reward in this World was heavily revensed of ' God (/').' He (h) Cotton's Abridgment, P. 553. Mr. Goodioin, the Writer of Henry the Fifth's Life and Reign, in the Recital of the Contents of his Fourth Book, F. 150, mentions the Trial of Sir John Oldcaftle Lord Cobham, in Parliament, as an Article ; but gives not one Word of it in the Chapter. (i) Cotton, ibidem. The Price fet on Oldcaftle's Head, by the King's Proclamation, was 1 00a Of E N G L A N D. 157 He adds, • The Clergy at this their own Parliament , K ; ng Henry V. * ceafe not to rage, and roar after Chriftian Blood, * tanquam Leones rugientes ; and whofoever did the * Fault, they cry crucify Chrijl y and deliver us Barra- ' has ; for now all horrible Mifchiefs whatfoever were * imputed to the poor Lollards.' Thus far Sir Robert Cotton, and his Publifher. What we have to add, relating to the Condemnation of this great Man, by his Peers, is chiefly from Wal- „ Jmgham ; who, tho' a Co-temporary Hiftorian, yet being a Monaftic Writer, we may well fuppofe too partial in the Recital (k). He fays, that, When the Parliament was informed of Sir John OldcaJlle\ being taken in Wales by the Lord Powis 9 they ordered him to be fent for up. He was brought ' to London in a Horfe-Litter, having been much wound- ed in the Conflict, and placed before the Duke Regent and the other Eftates of the Realm ; and the Indict- ment drawn up againll him at the King's Bench, fome Years before, for levying War agaihft the King, was read in the Houfe. Being demanded what he could alledge in Arreft of Judgment ; he ran out into a Dif- courfe very foreign to the Purpofe, about God's Mer- cies ; and that all mortal Men, who would be Fol- lowers of God, ought to prefer Mercy above Judg- ment ; and that Vengeance pertained only to the Lord, and that his Servants ought not to intrench upon this Prerogative of the Almighty. Thus he went on, fays our Authority, talking widely from the Bufinefs, till, at laft, the Chief Juftice defired the Regent to order the Prifoner not to make them lofe any more Time, but to anfwer directly to the Point. After fome Paufe he told them, it was a fmall Thing for him to be judged by them, or of Man's Judgment ; and then be- gan again to ramble from the Queftion, when the Chief looo Marks ; with a Promife of perpetual Exemption from Taxes to any Town that fhould fecnre him. F^d. Ang. Tom. IX. P. 89. Walfmgham makes ufe of this Proclamation as an Inftance to fhew how generally Wickliffc's Do£tri«e had arYecled the Minds of the People, f that in fo long time there was not found any Man, whom (o great a Reward could tempt to betray him. (k) Walftng. Hypodig. Neujl. P. 590. See alfo J. Stoive's Cbrox. P- 3SS- 1 5 8 The ^Parliamentary History Kin Henr v Chief Juftice once more interrupted him, and bid him anfwer peremptorily, if he had any Thing to objedT a- gainft the Legality of the Procefs ? To this he replied, with a furprifing Boldnefs, that he had no Judge a- mongji them, nor could acknowledge them as judges > as long as his Sovereign Lord King Richard -was living in Scotland. Upon this Anfwer, a Warrant was inftantly figned for his Execution, and he was ordered to be hanged and burnt. The firft Part of his Sentence was for Treafon ; and the other for Herefy. Accordingly he was executed on a Gallows, built on purpofe in St. Giles's Fields, being hung by the Neck in a Chain of Iron, and his Body, with the Gallows, confumed to Afhes. Though this unhappy Nobleman's Paternal Name was Oldcajlle, yet by marrying the Lady Joan Grand- Daughter to John Lord Cobham, and his Heir, he took the Title of Lord Cobham. He was Sheriff of Here- ford/hire, in the eighth Year of Henry IV. and as a Peer had Summons to Parliament among the Barons in the (k) eleventh, twelfth, and thirteenth of that King's Reign, and in the firft Year of Henry V. He had been honour'd by Henry the Fourth with a confi- derable Command in thofe Troops, which in the twelfth Year of his Reign was fent over to aflift the Duke of Burgundy again ft the Duke of Orleans. In feveral Parliaments (I) he had frequently reprefented to three Kings fucceffively, viz. Richard the Second, Henry the Fourth, and Henry the Fifth, the infufferable Abufes committed by the Clergy. In 1391, he made a Speech in Parliament againft the Pope's Power, and againft the Removal of Caufes to Heme to be tried there j. upon which an Aft pafs'd, * That no Perfon fhould transfer his Suit to the Pope, ' nor publifh any Excommunications from him, on * Penalty of Confiscation of Goods, and perpetual ' Imprisonment.' In 1395, and in 1405, he had prefented to the Par- • liament feveral Difcourfes, concerning a Reformation of Diicipline and Manners in the Church. (k) Dugdali'i Summons ta Parlismint, P. 381, 3, 5, 9. (I) Bala: us de Script. Bri\an. In Of E N G L A N D. i 59 In 1 395, he prefented a Book of his own Compo- King Henry v. Jure to the Parliament, in which he difp'ay'd the cor- , rupt Manners of the Priefts, and annex'd fomeVerfes to expofe their" abominable Practices, and to excite the Juftice of the Magiftrates to punifh them. Many are the Difputes between the Proteftant and Popifh Writers, about the Character of this Nobleman, who was the firft Peer of England that fuffered for Religion (m). The former crying him up as a Martyr to Truth ; and the latter treating him with no better Titles than an Enthufiaft, a Rebel, and ah Heretick. Mr. Goodwin fays, ' He had all the Qualities of a brave * and gallant Gentleman, and was equally illuftrious 1 in Arts and Arms : ' But, if what Walfingham relates of his Behaviour at his Execution be true, that when many Perfons of Quality attended there, the hit Words he fpoke was to Sir Thomas Erpingham, adjuring him, that if he Jaw him rife from the Dead again, on the third Day, he would procure that his Seel might live in Peace and ^uietnefs (n) ; We can look upon him, in this latter Part of his Life, as little better than an Enthufiaft. In this Seflion the Letters Patent made for the Bifhop of IVinchejler, for one and twenty Marks to be levy'd out of she Cuftoms of all Staple Wares fent from South- hampton, to fatisfy the Sum which he had lent the King for the War, were confirm'd by this Parliament. A grievous Complaint being made of Infurrections, of which the Lollards were fufpected to be the Authors and Abettors, and a Petition being prefented that Com- miflion at all times might be granted to enquire after them ; Anfwer was given, * That the Statutes provided ' in that Cafe fhould be executed.' There was alfo a Motion offer'd, that no Collector for the Clergy fhould be appointed out of his Deanry : To which this Anfwer was retum'd, that the Clergy fhould appoint their Collectors. The (») Foxe's ABs andMonum. P. 740, to 774. State Trials, Vol. I. Collier's Ecc. Hijl. P. 647, &c. (ri) Adjurans eum, ut fi cerxeret eum refurgcrc Die ttrtia, Pacem fro- . curark Scffa June, Walfingham 400, 1 60 The Parliamentary History King Henry v. The next Year was wholly taken up with the gal- The King's ^ ant Actions and Conquefts in Normandy and France, great Succefs in performed by our young Englijb Alexander ; and con- Frauce. eluded with the taking of the large and ftrong City of Roan, the Capital of Normandy ; after which, the reft of the Towns, yet untaken, in that Province, eaiily fubmitted themfelves to the victorious King. It was not till the Year 141 9, that we meet with another Parliament, called in England, by the fame Authority as the former ; for Writs of Summons were iflued out, in the Regent's Name, dated Jug. 24, for a Parliament to meet at Wejlminjler, on the 16th of October fol- lowing. AnnoRe 6 ni7. On the fame Day the Bifhop of Durham, Lord I 4 I 9> Chancellor, declared the Caufe of the Summons, before At Weftmmfter. the Re g. ent and ,j )e other Eftates of lhe Kingdom, and faid, * That the King's Subjects had great Reafon to * revere him, and pray for his Welfare ; fince x as he * could not obtain that Peace, which he fo often' fought ' for, he had begun and carried on War, Timore Dei, * which, being Principium Sapientia, the Effects of it 1 were evidently (hewn, by the many Victories he had ' gained with Honour:' All which he took care, par- ticularly, to enumerate. For his Theme he took thefe Words, Bonum facientes non deficiamus ; and from thence told them, ' That his Majefty was in good ■ Health and Spirits, that he delired his Subjects would ' be careful to obferve the Laws, and provide for the 4 Defence of the Realm ; and, confidcring, that this 4 Enterpr.ze fo well begun could not be now left off * without imminent Danger, he expected new Provi- * lions to be made, that he might end the War to his * own Honour and their Advantage.' After the Receivers and Triers of Petitions, for England, Ireland, Wales and Scotland, with Gafcoigny, and the other foreign Dominions, were appointed ; Roger Flower, the Commons prefented Roger Flower, Eiq; once more, Efq; a third as their Speaker ; and, on November the 13th, they, Time ch&fen v/ j m fa Bjfoops and Lords, granted to his Majefty Speaker. one pffi ge9 £ anc ] one Xtnth t and one half Part of them both. Th* Of ENGLAND. 161 The like Order was taken for the Payment of King Kenry V. fuch who Should lend Money to the King, as had been obferv'd in the fourth Year of his Reign. There were twenty-three Lords, whole Names are in the Roll, A oan# who made their Subfcription. It was alfo enacted, * That the Lords of the Coun- ' ell fhould have Power to eftablifh Orders touching * the Coin.' And for the keeping the Money within the Nation, if was enabled, ' That all Neceflaries fhould be bought * at Home for the King's Soldiers, and fent to them ; * and alfo that certain Wools fhould be bought, and 1 "fent into Normandy, notwithstanding any Statute for * the Staple made to the contrary.' The Queen Dowager's Confeflbr having accufed her for, conspiring the Death of the King, it was ordained 4 That all the Lands and Goods of Roger Doller and c Petromel Brocart, her Sureties, mould be feized, and ' paid to the King ; and Sufficient Warrant- was pro- * vided for all who mould pay the SamefV)-' In the Year 1420, and the 8th of this King, the Hen ma . French War was brought to a Conclufion, by a Mar- Catherine^T riage between the Princefs Catherine of France, and France Henry King of England ; whereby Henry was declared Regent and Heir-Apparent to the Crown of France. In the Abridgment cf Records, there is a Lift of the Peers fummoned to a Parliament to be held at Wejl- mlnjhr on the Second Day of March this Year ; but no farther Account is given of it. But the Statute- B 00k s tell us, that a Parliament met on the Second Day of December in the 8th of this King; and that in this Seffion a remarkable Statute was made, occafion- Anno Re g ni 8. ed by the Peace then concluded between the two At .^^ nfteri Kings; whereby it was enacted, that, ' Whereas the t&- Government of France was devolved on King Henry, 1 which would require his frequent Abience from Eng~ ' land; therefore, if a Parliament fhould be fummoned * by the Writs of the King's Lieutenant, and the * King arrive foon after thefe Writs were i Slued out ' of Chancery-, yet that Parliament Should not be dif- Vol. II. L ' folved. (») For an Account of Queen Joan\ Confpiraty, fee Goodwin's HU ftory of Henry the Fifth. 1 6 a The- Parliamentary History King Henry V. * folved, nor new Summons made, but that it mould * meet by vertue of the former (o).' Another Act was pafied, by which all foreign Mer- chants, buying Wool in England, to tranfport into o- ther Parts, were obliged to pay into the Mint of. the Tower an Ounce of Gold Bullion ; and for three Pieces of Tin the fame, or the equal Value in Silver Bullion, upon Penalty of Forfeiture of their Goods. The next Year King Henry, covered with Laurels, returned to England, and found the Nation flourifhing and profperous, under the Government of Humphrey Duke of Gkucejler, his Brother ; who had fucceeded Jehu Duke of Bedford in the Regency, and managed Anno Regni 9. all Affairs with equal Wifdom and Succefs. In May AtWcftmbfter X + 2I » the King met his Parliament at IVeftmlnfler, 'and, with his own Mouth, reprefented to them the State of Affairs, * What Conquefts he had made in * France, and what Supplies were necellary to continue ' the War. That the Dauphin, and his Party, who ' maintained fome Cities and Provinces againtt him, ' being fubdued, that Kingdom might be entirely an- * nexed to the Englijh Crown (p).' The Commons A Subfidy agreed to give him a Fifteenth ; tho' a Petition was prefented, filled with fad Complaints of the People's Poverty, and intolerable Burden of the War, and that even his Conqueft of France would prove the Ruin of England. This was done by fome Perfons, fays an Hiftorian, who, more affecting their own private In- tereft, than the Profperity of their Country, regretted to part with any Money to advance the Greatneis and Honour of the Government (a). Eut fome difcon- However, this Hint is fufficient to fhew, that tho' tented at it. the King had gained Victories and made great Acqui- sitions Abroad, yet there were fome of his Subjects at Home, who thought them too dear bought, by the many Taxations which had been impofed for their Support of a War not likely, in the End, to prove beneficial to the Englifh Nation. M. Rcpin remarks, that to gain the before- named Subfidy, the King had laid (p) Stat, at large, An. 8. Hen. V. Cap. 1, i. (p) Hollingshead'j Chrorr. 580. \q) WalsinohaMj Pt4?4. Of ENGLAND. \6$ laid before the Parliament a State of the Revenues and King Henry V. Expences of the Crown (r). By this Account, a Fragment whereof is inferted in the Collection of Pub- lic Jcls, it appears that the King's annual Revenues, at this Time, amounted but to Fifty five Thoufand feven Hundred and forty three Pounds Sterling j and that the ordinary Expences ran away with Fifty two Thoufand two hundred and thirty five Pounds j fo that there re- mained but three Thoufand five hundred and Eight Pounds, to provide for at leaft a Dozen extraordinary Articles mentioned in the Account (s). One half of France was ftill unconquered, and the Provinces fub- ject to the Englljb fo drained, that there was no Prof- peel: of drawing from thence the neceflary Supplies for continuing the War* for which Reafon the Burden was ftill to fall upon England. Wherefore the above- named Petition rauft have been very difagreeable to the King ; by which it appeared that the Parliament grew weary of furnifhing Money at this Juncture too, when it was more neceflary than ever, by Reafon of a Diver- # fion the Kingdom was then threatned with from the Scots. An ancient Chronicle relates, that, to relieve the King in this Exigency, his Uncle, the rich Bifhop of PFinchefter, lent him another 20,000 1. on the Subfidy, left the Commons fhould be called upon too foon for the Money (t). But it does not add, that the Pre- late was wary enough to take the Crown in Pawn for his Loan ; and this is fettled as the real worth of it at that Time (u). Though it is fcarce the Value of one of the Jewels belonging to the Crown of England at this Day. During this Seffion, there was a Convocation of the Cle%Jf at St. Pauls, who gave the King a Tenth on thefe Conditions, * That the Purveyors of his Majefty's * Houfhold fhould not meddle with the Goods or Pof- ' feffions of the Clergy. That if any of that Body were ' accus'd of a Capital Crime in the King's Courts of * Judicature, they might upon Bail be freed from Im« * prifonment ; and that all cajlrated Pr lefts mould be 6 proceeded againft in Law as Felons.' L 2 But (r) Hift. ofEng. Fol. Ed. P. 527. (j) Feed. Ang. Tom. X. P. 113. \t) Fabian- tCbron. Fol.CLXXVII. \u) Feed. Ang. Tom. X. P. 190. 1 64 The Yar'i'ianieutary History King Henry' v. ' But tho' the Parliament was fo backward in giving Money towards carrying on the War, yet the very next Thing they went upon, was to declare their Ap- probation of the Peace concluded at Troyes, between King Henry' and the King of France,' to give their Confents, and promife to obferve it. And fince that Peace had, not only been fworn to, and ratified by the . two Kings, but, alfo, by the three Eftates of France ; France? 'the Lords and Commons of England would have it confirm'd, in the fame folemn Manner, in Parliament. Whereupon Thomas Langley Bifhop of Durham, Lord Chancellor, having, by the King's Order, read the Articles of it, both Houfes of Parliament avowed, that they approved and accepted it, as molt conducive to the Good of both Nations, and of all Chrijlendom ; and every one promifed for himfelf, his Heirs and Succef- fois, that they would inviolably obferve it (x). During the fitting of this Parliament, Catherine Princefs of France, whom Henry had married fome Time before, and was the itrongeft Cement to this Peace, was crowned at IVej'tmhiJler with the greateft Solemnity (y). The moft remarkable Act made in this Seflion, was one, by which it wasordain'd, ' That whereasWafhers, Clippers and Counterfeits of the Money had debas'd Aas pafsM ntK j fpcii'd t he Coin ; none mould receive any Gold, but by the King's Weights appointed for that Purpofe; and that the Gold which was not of due Weight, nor of right Alloy, mould be fent to the Mint to be new • coin'd, the King at his own Charge making up the Deficiencies.' It was alfo enaded, ' That every third Benefice, the Pfefentation of which belong'd to the Prelates and Mo- nnfteries, fhould be confer'd on fome Scholar of -Ox- ford or Cambridge? An excellent Method for the Advancement and Encouragement of Learning. Whilft (x) In the Collection of fubllc Acls, is a Ccpy of the King's Letters of Exemplification, under the Broad Seal, teftifying the Parliament's Approbation of the Peace, and enrolling a public, Inftrument of the fame. Dated at Canterbury, June 1, 14ZI. Fccd.'AnG. Tern. X. P. 125. And the Inftrument itfejf is 'published in the fame Tome, P, iio. (y) Pdyd.Vcrg. P. 45 $. Of ENGLA N D. 165 WhiJft Henry was advancing his Conquefts againft the King Henry V. Dauphin in France, his Brother, the Duke of Bedford^ ad- rniniftred the Regency in England, with great Wifdom and Fidelity. This Governour thought fit to call a Anno Regni g> Parliament, which met at Weflminfler on the firft of . i 42 i. December, in the fame Year as the former. The Bi- At Weftminfter. fhop of Durham opened the Sellion wiih a formal . Speech, or rather a Sermon, of little or no Significa'ncy ; except, that in the Conclufion he told them, \ They ought to eftablifh good Laws, and defend the Frontiers of their Country with manly Courage.' On the third Day of their fitting the Commons pre-^.fUchard Baynard fen ted Richard Baynard Efq; to the Regent for their Efq; chofen Speaker ; and the fame Day, with the Confent of the s & ,eaker< other Houfe, they granted the King one Tenth, and enc Fifteenth^ to be levied on the Laity; but with this A Subfldy ' Condition, fays Watftngham, that the firft half of it fhould be paid in the. Money then current. It was alfo, ordained, That all fuch Money, with other, fhould pafs till March 25, if it was not notorioufly clipp'd and wafh'd (z). The Gold Coin had been lei- fened in the Value, by clipping and warning; therefore the Parliament ordained, for the Relief of the People, that the Receivers of the Tax fhould take all fuch light Pieces, if they did not want in Weight more than Twelve-pence in the Noble; or, if they did, thofe a& for Reguht- who paid them were to make up the Defect. The ing the Coin. People therefore put off their Gold as faft as they could, and hoarded up their Silver (tf). By which the King, tho' then under Neceflities for Money, was contented to lofe almott Three Shillings in the Pound, for the Benefit of the People. Several more Statutes were made this Seilion of Par- liament, relating to the Coinage ; the Heads of which are as follow : ' That all the Statutes un-repealed concerning the good and lawful Management of Gold and Silver mould be ftri&ly obferved and executed.' * That the King fhould appoint his Exchanges of L 3 the (z,) IJiJi. Aug. P, 4.06- Nee Tonfione -vel Loticne enormittr dmlr.ut'um, Thjs ihews that the Cuftom of clipping and waihing Money is ancient. (a) WaOikm am, Ibidem. Fabian's Chrcu. For. CI.XXVIU. /%•*:'?/ in Kennet, [». 3^5. 1 66 The Parliamentary History King Henry V. i ne Money of Gold and Silver in the City of London^ and other Towns, to be kept in open Places in High Streets, for the Eafe of the People ; and that all who came to the Tower of London to have Money new coin'd, mould have it deliver'd to them within eight Days, according to the Value of what they brought, paying for the Coinage of Gold at the Rate of five Shillings in the Pound ; and for coining a Pound of Silver, fifteen Pence: And that fuch who would not bring their Money to the Tower, but deliver'd it into the King's Exchanges, mould pay a Penny in the Noble, and fo proportionably.' Another was, ■ To oblige all the Mafters and Workers in the Mint, to make due and prompt Pay- ment of the new Money, either by Weight or Number, to all who brought in their old ; and that if there was any Default in the new Money, either as to Weight or Alloy, the Mafters of the Mint mould prefently change it, and melt it down.' Alfo it was enacted, * That the Wardens, Survey- ors, and Minifters of the Exchanges out of the Tower, mould not divert the Gold and Silver received by them, to any other Ufe j but mould be oblig'd to bring it to the Mint to be coin'd, that there might be the fuller Circulation of Money thro' the Kingdom.' A Mint was alfo eftablifh'd at Calais, in the fame Manner as at the Tower. And it was likewife ordain'd, * That the new-coin'd Money mould be of as good Alloy and Weight as the old.' Alfo, c That the Chancellor of England fhould de- liver to thofe who would have them, good and juft Weights of the Noble, half Noble, and Farthing of Gold, to prevent the People's being abus'd by fuch as were counterfeit.' The Sheriffs and Juftices of Peace were alfo requir'd to make a Search after all Falfifiers of Weights, and to keep them in Prifon till they had made Fine and Ran- icm at their Difcretion An Act having been paffed Anno 14, Richard II. wherein it was ordain'd, * That for every Exchange made by Merchants in the Court of Rome, or in other Parts, O/ENGLAND. 167 Parts, they fhould be bound to buy within three Months K>ng Henry V. following, Merchandizes of the Staple, to the Value of the Sum lb exchang'd, upon Forfeiture of the fame: And whereas the Merchants had reprefented to the Par- liament, that the Time allotted was too fhort to buy fuch Merchandizes, and (hip them, and that in Default of Exchanges, the Money of the Nation would be car- ried beyond Sea.' It was therefore enaded, c That all Merchants, who fhould make fuch Exchanges, fhould be bound personal- ly in the Chancery by Recognizance to buy within nine Months following the Merchandizes and Com- modities afore fa id.' As the Parliament granted the King a Tenth, and Fifteenth, fo a Convocation, which had met at York, Sept. 22. foregoing, gave him a Tenth ; and the Duke of Bedford requir'd the Archbifhcp, by an Order dated Ocl. 27. to appoint fome of his Clergy to be ihe Col- lectors, and to return their Names into the Exchequer before Eajler. This was the laft Parliament called in the Reign of Henry the Fifth, who died of a Dyfentery, Augujl 31, 1422, VitV:ncennes in France and in the tenth of his Tiie Deat f, of Reign (b). In the midft of his Conquefts, and in the Henry the Fifth. Zenith of his Age was this great King fnatched away ; leaving one Son to fucceed him, an Infant fcarce nine Months old. The glorious Reign of this Prince has furnifh'd all out general Hiftorians, with Abundance of Matter for railing the moft finifh'd and exahed Character. But though his victorious Sword cut them out Work enough to follow ; yet thefe Enquiries, under a civil Capacity, have not been much enriched thereby. Fr>r llenry Jftricllv puriued his Father's laft Advice to him ; and by amufing his Subjects with this foreign War, kept them all quiet and peaceable at Home. By thefe Means his Title to the Crown was never once called in Que- ftion all his Reign ; and as long as either England or France remain, or any Memoirs continue in either of L 4 them, (r; There is an Inftrument in the Public J8s, dated Tefle Rege apvd ■Ccjhutii di Soft dt V'mccn. XXX. Die Augvjii, which was the Day be» i;r:hcJko. Fxd.Ar.g. Tom. X. P. Z51. 1 68 Tloe Parliamentary History King Henry V. them, his Virtues and brave A&ions will be revered, and celebrated, as the Glory of the one and the Terror of the other. To clofe up this poor and imperfect Sketch of this great Prince's Character, we {hall only add, what a co-temporary monaftic Chronicle has left us of it. It is there faid, that Henry the Fifth, at his coming to the Crown, made it one of his firft Acts to convey King Richard's Body, from Lang ley , where it had been ignobly interred, to Weflminjier ; and depofited it near the Tomb of S. Edward, King and ConfefTor. This was done, according to the Piety of thofe Times, to make fotne Attonement for the Cruelties exercifed againft Richard, as his Deposition and Sentence of per- petual Imprifonment, which this King Henry by no means approved of ; and all thofe who had been in- ftrumental in his Death, he looked upon as guilty of High Treafon (a-). Taxes in this King's Reign. In his firft Year he had the like Subfidy on Staple- Taxes g?nt:d in Ware, Tunnage and Poundage for four Years, as had his Reign j b een given to his Father in the thirteenth Year of his Reign. In his fecond Year an Act was pafs'd, whereby the Priories Alien, who depended on fome Capital Abbies in Normandy, that received the Profits' of them, mould be veiled in the King for carrying on a War againft France. The fame Year the Parliament granted him two whole Tenths, and two whole Fifteenths, to be levied on the Laity. In his third Year no Tax was afk'd or granted. In his fourth Year, he had two whole Tenths and two Fifteenths to be levied on the Laity ; the Clergy, alfo, granted two Tenths on their own Bod v. But this being not fufficient, he was oblig'd to pawn his Crown and Jewels to carry on the French War. In his fifth Year he had one Tenth and one Fif- teenth. His (x) Qui quidem Regis Richardi Depofitionem, ac ejus perpetuam Jn~ carcerationem, nullatenus approbans ; fed omnes qui Caufa ejus Mortis ex* titcranty Proditionis reos fore disjudkans. Hift. Croylandenfis Continuatio, ad An. 1414. Of E N G L A N D. i6 9 His fixth Year was wholly fpent on the Conqueft of King Henry v. Frame. But, In his feventhYear the Parliament granted. to his Majefty one Fifteenth and one Tenth, and one half Part of them both. In his eighth Year he had one Tenth and one Fif- teenth. Our Hiftorians are very deficient in noting the Prices of Provfions in this Reign ; their Pens are fo And Value of employed in defcribing the glorious Vidories of this Money * Englijh Hero, that they feem almofl to have forgot Domeftick Affairs. Fabian's, Chronicle however tells us, That, in the Year 141 6, Wheat was fo dear as to be fold for 16 *. a Quarter : And that in 1422, it fold for 8 s. and Malt at 5 s. A Ram fold alfo for 8 d. HENRT 170 The Parliamentary History H r E NRT the Sixth was an Infant of about nine Months old when he began his Reign. Some Au- thors affirm, that he was proclaimed King of all his Dominions, both at London and Paris ; but he could TheAcceffionofnot then be fo proclaimed King of France, becaufe «ng Henry VJ. Char j e$ the S } xth was fti j, 1Jving ^ am j by the Treaty f Troyes, the King of England was not to be ftiled King of France till after Charles's Death. But, that happen- ing very foon after, for he died within lefs than two Months of King Henry V. the Infant King was pro- claimed King of France and England, in Paris ; and in the other Parts of France, by the Name of Henry the Second in that Kingdom, tho' the Sixth in England. John Duke of Bedford, the young King's Uncle, was conftituted Regent of France ; and after the Deith of Charles, who was the ftrongeft Support to the EngUJh Intereft in that Kingdom, had work enough upon his Hands to defend what they had got from the Efforts of the Dauphin of France, who caufed himfelf, alfo, to be crown'd King at Poicliers. Whilft thefe Affairs were in various Agitations a- Anno Regni 1 broad, the fame Year, Anno 14.22, Writs of Summons 1422. ' ' were iflued out, in the young King's Name, dated Sep- At wertmimter. umber 29, for a Parliament to meet on the Monday next after the Feaft of St. Martin, at Wefinvnfter. And, on the fame Diy before any other Bufinefs was begun ; a Commiffion directed to Humphrey Duke of Glocejler, the King's Uncle, empowering him to begin the Parliament, was read, in the Prefence of the faid Duke, fitting in the Painted Chamber, and before the Lords and Commons aflembled (a). After (a) The Commiffion itfelf, being one of the fisft Acls of Stat? done by this Infant King, may not be incurious to the Reader. Henricus, Dei Gratia, Rex Angliae, & Franciae, & Doiniiius II;- • berniae, omnibus ad qr/os, &c. Salutem, Sciatis quod, cum, de A'vijamento Concilii nojlri, pro quibufdam arduis & urgentibus Negotiis, Nos, Staium & Dcfenjionem Rcgr.i nbjhi Anglix, acEccleJia? Anglican*?, contingentibus, quoddam Parli amentum nofirmr., apud Weftmonafterium, DicLur.a, proximo ante Fefium Sancli Martini,' pro- ximo futurum, tencri ordinavaimus. Et quia mero, propter certa? • Can fas, ad Parliamtntum prtcdicfum, perfonaliter, non poterimus inter- effe ; ac de Circumfpc&ione & Induflria, carijfimi Auuneuli noflri, Hum- fredi Ducis Glcuceftrise pkuam FiJuciam reportaittcs 5 tidttit Jkmncufo M fi i. 0/ ENGL AND. 171 After which Henry Cbichehy, Archbimop of Canter- King Henry vi. bury, by Command of the faid Duke, the King's Com- miffioner, declared the Caufe of calling the faid Parlia- ment, and took for his Theme, Principes Pcpulorutn tongregati funt cum Deo, In difcourfing on which Words he introduced many- notable Examples and Apothegms ; and, amongft them obferved, * That God of his great Mercy had left llfue * unto them of the moft victorious Prince Henry, be- ' gotten of the Royal Blood of France, whereby the ' fame Iflue was now become King of France. That, ' as all Perfections were comprifed within the Number * of Six, fince God had made all Things in fix Days, * fo, his divine Majefty was to accomplifh the good ' Beginnings of the famous fifth Henry, in the iixth ' Henry his Son ; who, he added, would that all E- ' ftates and Perfons mould enjoy their full Liberties.' He then declared, * That, confidering the King's ten- der Age, this Parliament was called for three Caufes; ' the firft for the good Governance of the King's Per- ' fon j the fecond for preferving the Peace, and laftly, ' for the fure Defence of the Realm. But, that it ' principally imported them to provide fome honoura- * ble and difcreet Perfons for the Governance aforelaid, * in which, they all ought to give their bed Advice. 4 He defired them, in this, to follow the Counfel, "* which Jethro gave to Mofes in Exodus, viz. fuch as * feared God, wife, religious, haling Covefoufnefs, * puiiTant, &c.' And then concluded with defiring the Commons to chufe a Speaker, and prefent him next Day to the Duke. Receivers tto/lro, incboandnm, & in eo procedendum, & ad faciendum omnia & Jingula, qua pro Nobis, & per Nos, pro bono Rcgimine & Gubernatione Regni nofiri pradicli, ac aliorum Dominiorum nofirorum, cidcm Regno nojlro pertinentium, ibidem fuerint facienda. Nee non ad Parliamentum illud finiendum & dijfolvendum, de AJJcnfu Confilii no/iri, phtiam, tenore Prafentium, committimus Potejlatem. DanteS ulterius, de AJfenfu ejufdem Concilii nofiri , tarn uni-verjis & fingulis Arcbicpijcopis, Epifcopis, Abbatibus, Prioribus, Ducibus, Comitibus, Baronibus, & Militibus, qudm omnibus aliis quorum interefl, ad Parliamentum nofimm pradieJum conven- turis, Jimiliter Tenore Prafentium, firmitcr in Mandatis, quod cidcm A- •vuncu/o nojlro intendant in Pramijftt, in Forma fupradicla. In ct.jus, five. Tefie Rege apud Weftmonafterium fexto Die Novembris, per Breve de privato Sigillo, Feed. Ang. Tom, X. P. zy t . Roger Flower, Ei'q; a fourth Time chofen Speaker. 1 72 The Tarliamentafy History KingKemyVl. Receivers and Tryers of Petitions, being appointed far England,. Ireland, Wales, and Scotland, with Gaf- coigny, other foreign Parts, and the Iiles ; on Tuejday being the fecond Day of the Parliament, the Commons prefented Roger Flower, Efq; to the Duke and Lords for their Speaker i who, with the ufual Proteftatio^ was allowed. The two Bifhops of Durham and London, the for- mer having been Chancellor of England in the late Reign, and the other Chancellor of the Dutchy of Normandy, who had both delivered the feveral Seals of their Offices to the Duke of Glocejier, prayed to be difcharged by Acl of Parliament, and that the fame might be enrolled , which was granted. It was then, alfo, enabled, That the King's Stile and Titles fhould be changed, and that upon all his Seals fhould be en- graven this Motto, Henricus Rex Francia, & Anglia, & Dominus Hibernia. At the Requeft of the Commons, the Duke of Glo- cefler declared to them, that the King had appointed the Bilhop of Durham to be his Chancellor ; William Rindrofe, Trcafurer of England ; and, 'John Stafford, to be Keeper of the Privy Seal ; for all which Offices their Patents were made, and confirmed by Parlia- ment. The King, by his Letters-Patent, confirmed, alfo, by Parliament, appointed John Duke of Bedford Pro- tector and Defender of the Realm, and Church of Eng- land, and Chief Counfellor to the King ; but becaufe the faid Duke was then beyond the Seas, it was ena&ed, ' That during his Abfehce Hupiphrcy Duke of Glo- ' cejler fhould fupply the faid Office ; which laid Duke ' tock upon him the Dignity aforefaid, under a Pro- ' teiration that it -mould be no Prejudice to the Right ' of his Brother (b)S And it was alfo enacted, *That 4 the Protestors fhall, during the King's Minority, * difpofe or ail the Offices of the Forefts, Keepers of ' Park?, (b) The Inftrument for conftituting the Duke of Bedford Prote&or, and in his Abfcnce the Duke of Glocejier, is, alfo, in the Publick Afts, Tom- X. P. 261. Rapin fay, that this was a neceffary Expedient to perform the Je- cesTed King's Will, who had appointed Dvike Humphrey Protcdror, without delegating ficm the elder Brother's Plights, lei Ed, P. 336. A Protector appointed. Of E N G L A N D. 173 * Parks and Warrens •, and that all Benefices in the King HcmyVi. * King's Gift, being above the Value of twenty Marks, * mould continue in their Difpofal during their Lives.' And it is likewife faid, that the Protedtoi's Salary was fettled then at 8000 Marks a Year. The Parliament The Parliament alio appointed Governors to take care of the King's ^ s e G ^ dians Perfon and Education, who were Thomas . Beaufort x\ n ^ v ° nnz Duke of Exeter, and Henry his Brother Rifhop of Win- chcjler, both great Uncles to the King (<:). And, it was then enadted, ' That all Eftates fhould * have their Liberties confirmed, which have not been ' revoked, without the Word Concedimus to be in any ' of the faid Confirmations : And that all Writs, * Commiffions and Dependants of the fame, made by ' the King's Council, relating to this Parliament, be ' confirmed by the Authority of the fame. * And whereas the late King Henry V. conftituted * and appointed Henry Lord Fitz-hugh, Walter Hun- ' gerford r Walter Beauchamp, Lewis Robfart, William ' Porter, Robert Babthorpe, John V/oodhofe, and John ' Leventhorpe Efquires, Executors of his laft Will « and Teftament, the King granteth, now, to them ' 40,000 Marks for the Performance of the faid Will. * Nineteen Marks due to the Executors of Henry IV. * by Overfightof the Supervifors of the faid Will from * the Duke of ' Gloce/ler, and other Lords there named' ; , A Schedule thereto annexed, containeth the King's Letters Patents for the faid Sum. ' The Commons, with the Afl'ent of the Bifhops « and Lords, grant to the King the fame Subfidy on A Sub %. 4 Woollen or Staple-Wares, Tunnage and Poundage * as formerly, for two Years to come'. And it was, alfo, enafted, « That all fuch Petitions as are not de-^^J,;, ' termined in this Parliament, {hall be referred to the during the Mi-' * King's Council to be concluded according to their norit y* * Difcretion. Alfo, certain Bifhops, and Lords, and ' others were then named to be Counfellors and Affi'f- * tants to the Lord Proteftor in the Governance afore- 5 faid. And, that all Juftices of. Peace, Sheriff,, Ef- ' cheators, Collectors of the Cuftoms, Comptrollers, * Weighers, Searchers and other Officers be placed, or ' uifplaceM (c) Rain'n ■ 1 74 The Tarliamentary History K.mg Henry VI. * difplaced, at their Determination. That thefe Coun- 8 feilors may have the Advantage of all manner of 1 Wards, Marriages, Farms, and other Cafualties of ' the Crown. And that nothing be ordained in Coun- * cil but by Six at the leaft, or more ; and, in all great * Caufes, by all, or the greateft Part of them; and, c when the King is to be conferred withal, that nothing * be done without the Afl'ents of the Dukes of Bedford * and Glocejler. That the Treafurer of England and * the two Chamberlains of the Exchequer may have * each of them a Key to the King's Receipt ; but that ' they be fworn in Council, to make none privy thereto * but the Members thereof. That the Clerks of the ' Council be fworn to take down duly the Names of ' fuch of the Councellors as attend, and to regifter truly ' all their Ordinances'. All which Articles were en- acted and confirmed by Parliament ; with a Proviib, * That all fuch Officers, as held the fame for Life, or * otherwife, may be allowed to appoint Deputies, any * of thefe Articles notwithftanding'. Thefe excellent Rules and Ordinances being ratified in Parliament, all poffible Care was taken for the good Several good Governance of the Realm, during the King's Minori- a.vs pa s . t y^ -ph e other moft memorable Tranfictions of this Parliament were, Firft, a Statute wasenadted S That all ' fuch as were imprifoned in any of the King's Goals ' for Herefy, or hollar dy, fhould be delivered to the Or- * dinary to be punifhed'. ' Upon two Petitions of Katherine Queen Dowager ' of England, the King, in Performance of the League ' made between the French King and Henry the 1 Fifth his Father, by two Letters Patents granted to ' the faid Queen for her Dowry, fundry Manors, Cuf- ' toms, and other Hereditaments in the Principalty of ' Wales, and Dutchy of hantafier, there named, to * the clear Yearly Value of 20,000 Marks ; all which * Dowry and Letters Patents weie confirmed in Pailia- ' ment with feveral Provifo's'. ' Ann, Countefs of Stafford, Daughter and Heir of ' Eleanor one of the Daughters and Heirs of Humplry 1 de Bohun late Earl of Hereford, Ejjex and Nwthamp- 1 ten, and Conftable of England, recited a Partition made Of ENGLAND. 175 * made between Henry Fifth and her, of the faid Earl's King Henry vi. * Inheritance, in the ninth of his Reign, at which ' Time certain Knights Fees in Grofs were not divid- * ed ; wherefore, She now prayeth Remedy for thofe, * as well as concerning certain Members belonging to * the Caftle of Brechnoch in Wales. Anfwer, The * King's Council (hall have Power, by Authority of ' Parliament, to fettle the fame'. • Bartkolemw Gold-beater , Matter of the Mint, with- ' in the Tower, requireth larger Commiffion, touching * the Coinage and Exchange of Money, in the faid ' Tower, although it be ordered by the King that no * Minter mould hold the Exchange ; an Ordinance was * made that the faid Mafter mould keep the Exchange ' till the next Parliament, fo that he take not above * Three-half- pence for the Exchange of a Noble.' It was enacted, that ' Thomas Chancer, Chief Butler * to the King, fhall hold the faid Office during his Life, ' according to the Letters Patents made to his Father « Gevffry Chaucer, and to himfeif by King Henry IV7 A Statute was made * That the King's Council * might aflign Money to be coined in as many Places * as they pleafed. — Another, That all the Statutes re- * lating to Purveyors {hall be proclaimed, in every ' County, four Times in a Year.— What Sort of Irijb- * men, only, may come to dwell in England, * That the Mafter of the Mint (hall lend to the Mint ' to be coined, all the Gold and Silver that fhall come * to his Hands by Exchange. A certain Allowance ' fhall be made to thofe who were returned to ferve * King Henry V. in his Wars out of the Gains of the ' War (d). Thofe Jewels which King Henry V. did ' mortgage, fhall he redeemed or forfeited, faving the ' Jewels of the Crown (e). The laft Thing that we find worth Notice, amongft the Tranfaclions of this Parliament, is c That Humphry * Duke of Glocejler had granted to him, by Authority * of the faid Parliament, the Offices of Lord Great * Chamberlain and Conftable of England with all the * Profits (d) Thefe are faid to be maimed or decrcpid Soldiers, called now Invalids, (e) Statutes at large An, Primo Hzn. VJ. Cap. x, a, 3, 4, 5. 1 7 6 The Parliamentary History KingKemy vi. ' Profits thereunto belonging, to continue to bim dur- * ing the King's Pleafure'. The next Year another Parliament was called by Writs, dated September 'the firit, returnable on the twen- tieth Day of Oclcber following. It is remarkable, that a much fmaller Number of Peers were fummoned to this and thelaft Parliament, thanufually ; from whence we conclude, that the greateft Part of the Engljjfj Nobility, • at that Time, were engaged abroad, as Governors of Anno Regni z. ^ ome conquered City, Town, or Fortrefs ; or other- 1423. wife witheld by fome important Poft in the ^rmy. • At Weftminfter. a Lift of thofe called to this Meeting is as follows. Humphry , Duke of Glo- William, Lord Bottreaux, cejler, \ Thomas , Lord Dacre of Henry, Earl of Northum- Gil/land, berland, William, Lord Clinton, Ralph, Earl of Wejlmore- William, Lord Harrivg- land, ton, Thomas, Lord De la Warr, Thomas, ,cc, and entirely delcrted the other's Intereit. Petitions b Par- The reft of the Proceedings of this Parliament v/e liament. fe a |] range a9 follows ! Edmund^ Earl of March, Son and Heir to Roger Earl of March, prcfented a Petition, wherein he fhew- ed,' that King Henry V. lor the Sum of 10,000 Marks, paid to certain of the Kind's Creditors by the faidEarl, promis'd to him, by Word of Mouth, his own Mar- riage, he being then the King's Ward, which he re- queues may be confirmed by Parliament ; and it was granted. Thomas, Duke of Exeter reported, how, that the late King, a little before his Death, much repented him to the faidDuke, for confifcating the Land of the Lord Scrope, upon the Attainder of Henrys the laft Lord, and his Beheading at Northampton ■> becauie, he iince underftood that the faid Eftate was entail'd upon Geofrey, Stephen^ and John le Scrope, his Brothers ; and that the Lord Fitz-Hugh and; JVilliam Porter, to whom Part of the faid Lands were given, were con- tented, on Proof of the Entail, to make Reilitution cf the lame. But we do not find what the Parliament did further in it.- On (i) The Oath was in thefe Words, ' I james Steward, King cf ' Scotland, fhafl be true and faithful unto'you Loid Henry, by tfie Grace ' of God, King of England and France, the noble and tupericr Lord of ' the Kingdom of Scotland, which I hold and claim of you. And, I ' /hail bear you my Faith and Fidelity of Life and Limb, and wordly * Honour, a gain ft all Men ; and faithfully 1 /hall acknowledge and do * you Service due for the Kingdom of Scotland aforefaid ; Co- help me * God, and thefe holy Evangelifts.' ,Ht>tiir.gjhead r s Chron. p. 587. Buchanan, according to his ufual Partiality, mentions this Oath but flightly ; and beftows a whole Page or two irr excufing it and the King, from any Ingratitude to the Englijh Nation, by fiding with the French, He was afterwards inhumanly murder' d by his own Subjzcls. Bond's Tranjlat. Vol I p. 464. O/ENGLAND. 181 On the Petition of Joan, Queen of England, Wife King Henry VI. to King Henry IV. the King, by Con fen t of Parlia- ment, reftor'd to her all her Dower, and the Arrears of the fame, with all her Goods that were taken from her [k). At the Petition of the Mafter and Brethren of the Hofpital of St Leonards in York, it was enacted, * That 4 they mould enjoy all their Threaves of Corn, within '* the Counties of York, Cumberland, Wejlmoreland, and ' Lancajhire ; and that they may recover the fame by * an Action of Debt or Detinue.' This Statute was made remarkable, by being the firft Occafio.n of a great Revolution which happened fome Years after. It was enacted, ' That if any Perfon mould carry out * of the Realm any Staple- Ware, from the Staple of ' CW/V^uncuitom'd, he mall forfeit the fame, and make * Fine and Ranfom at the King's Pleafure. Alio, that ' no- Licence be granted to any Perfon to tranfport any ' flight Looms, out of Hamp/hire, Kent, Sujcx, and * York ; but only to Calice.' But this laft was only \o continue to the next Parliament. Two Foreign Ladies of Quality, who bad been marry'd, the one to the Duke of Bedford, and the other to the Duke cf Glocejler, were naturaliz'd this Parlia- ment. The former was Ann, Sifter to Philip Duke of Burgundy, and Wife to John Duke of Bedford, Regent of France ; the latter was Jaquet, or Jaqueline, fole Daughter and Heirefs to William Duke of Bava- ria, who was married to Humphrey, Duke of Glocejler. This Princefs, by her Father's Death, had the Govern- ment of the Earldoms of Hninault and Holland, two large and populous Countries, defcended to her ; and, tho' marry'd to John, Duke of Brabant, yet on Pre- tence that her Husband was tqo nearly related to her, before Marriage ; or, as others fay, for his unkind Ufage of her ; me left him and came into England, where fhe foon after became Duke Humphrey's Wife, to the great Difpleafure of her former Husband ; and in the End prov'd the Ruin of the Englijh Intereft in France. Sir John Mortimer, of Bifiop's Hatfield in the M 3 County (&) See before, p. 161. 1 8 2 The Tarltamentary History King Henry vi. County of Hertford, having been indicted on the Oath of one King, Servant to Sir Robert Scot, Keeper of the An Expojl Taa o Tower of L ondon, upon the Statute of Efcapes ; an Act TohnMorttofer was made this Parliament on Purpofe to deftroy him, jo n or lmer. a j] ed g| n g f evera ] ot h er Articles againft him. As firft, That the faid Sir John had contrived, with him, to break out of hislmprifonment, and had promis'd him imme- diately a Reward of forty Pounds a Year, to be aiding and a (lifting to him in his Efcape ; and afterwards an Earldom. Second, That the faid Sir John told him, that after his Efcape he would go into Wales to the Earl of March, and having rais'd 40,000 Men, would enter the Kingdom again, and cut off the Heads of the Protector and the Bifhop of Winche/ler. Third, he had told this Informant, That the Earl of March was rightful Heir to the Crown of England, and that after him he was the next Heir ; wherefore, if the Earl of March refus'd to recover his Right, he himfelf would take upon him the Regal Power as hie Due. Laftly, That when he came into PFales, if the Earl of March would not accept his Service, nor engage in the Caufe, he would then fly into France, and aflift the French King againft King Henry, and did not doubt but in the End he fhould gain his Defign (I). It appears by the Record, th;$t this Sir John Morti- mer had been committed Prifoner to the Tower, for Sulpicion of Treafon done againft the lare King, from whence he had made his Efcape the firft Year of this Reign. For which Efcape alone, we fuppofe, he was indicted, and this Indictment, by the Authority of Par- liament, wasallow'd to be good ; and the faid Sir John being again apprehended and brought before this Parlia- ment, Judgment Was given againft him, to be carried back to the Tower, aiv' drawn from thence to Tyburn, there to be hanged, drawn, and quartered ; his Head fet on London Bridge, and his four Quarters on the four Gates of the City. A ftrange Judgment and Sen- tence, fays Cotton, that any Man in a peaceable Time fhould be condemned on a bare Indictment, without any Arraignment or due Trial. But, it is not to be wondered at, when we confider that the Jealoufy the Houfe (/) Sam. Daniel in Kennet, P. 34S. Of ENGLAND. 183 Houfe of Lancajler conceived again ft any Commotion Kia „ vl in Favour of the Houfe of York, was the Occafion of this Defcendant of the latter being took off by fo ille- gal and arbitrary a Proceeding. On whofe Death, fays an old Hiftorian (m), great Slander arofe to the Con- trivers of it. And another (») remarks, that his Faults were believed to be Calumnies, anj himfelf brought to fo ignominious an End for that alone, which, by vul- gar Politicians, is called Re a fins of State. The Earl of March, the immediate Heir, was, we may believe, more than fufpected; but nothing being proved againft him,it was thought politic to fend him over into Ireland, with Forces to fecure that Kingdom.where he foon after died, without Iilue, whofc Inheritance defcended to Richard Plantagcnet Son and Heir to Richard Ear] of Cam- bridge, beheaded at Southampton in the late Reign (0), There are feveral more Acls and Ordinances made in this Parliament, which may be feen in the Abridge- ment and in the Statutes at Large ; and having fat till the 1 8th of February, on that Day they granted theASubfidy. King the fame Subfidy on Tonnage and Poundage as in the laft. It was, alio, enadted, That Merchant- The Protector's Strangers (hall only pay 43;. and \d. Duty on every r ° wer reduced Sack of Wool, notwithftanding the Grant made in by Par,iament - the feventh Year of the laft Reign. They next ap- pointed and named the Blfhops and Lords, with other Perfons that were to be of the King's Council. All which Perfons took upon them to adc, on certain Rules and Articles affigned them, far ftricter than the laft, and very derogatory to the Power of the Protector. • Amongft the reft, lays Cotton, one carries with it a' very good Face of Juftice, viz. That the Clerk of the Council (hall be Iworn, alway, to prefer and promote the pooreft Man's Suit, or Bill, beibre a»y other ; and that the King's Sergeant (hall take no Money for any Counfel therein. The French War was ftill carried on by the Regent againft die Dauphin, who was, by his Party, ftiled Charles the Seventh, with various Succefs ; whilft the M 4 Protector {m) HAtt's Cbron. See alio, J. Stowe, P. 365. (s) Biondi'i Htfi. of the Civil Wan between the Iioufcs cf York and Lancafter. P. 25. Hen. VI. {0) Ibid. P. 366. 1 8 4 The 1* arli a merit ary History King Henry VI. Proteftor, England being loaded with many difficult Affairs of St ite, thought fit to call another Parliament, in order to extricate himfelf out of them. The Writs Anno Regni 3. of Summons were dated the 24th of February, and re- 1425. turnable, at Wcjlmirjlcr, the la ft Day of April follow-' At Weftminfter. jn ^ The Protestor and Council thought it r.eceflary, in order to engage both Lords and Commons more zealoufly in their Interefts, to bring the Infant- King into" the; Houfe ; and, accordingly, on the Day of their Meeting, he was carried thro' the City, on a The infant- great Hbrfe, to Wejhmnjlcr. The People flock'd in King carried to great Multitudes to behold him ; and imagining with the Houfe, themfelves that they could difcern the Features and Ver- tues of his Father, to be tranfplanted into him by Na- ture, they loaded him with loud Acclamations and hearty Wifhes of a long and happy Life (p). Being . come to the Palace, he was from thence conducted to the Houfe of Lords, and fat on his Mother's Knee in- the Throne. It y as a ftrange Sight, lays one, and the firflTime it ever was feen in England-, an Infant flwrfg in his Mother's Lap, and before it could tell wh:>t' EngVfl> meant, to exercife the Place of' Sovereign Direction in open Parliament (q). Yet, fo it was, for the Com- mons being called, the Bifhop of JVinchejier, then Lord Chancellor, opened the Caufe of the Summons in Man- ner following ; For the. Head of his Difcourfe he chofe the fe, Words, Gloria, Honor, et Pax, omni operant i Bonuni; this he divided into three Branches, viz. Bonum hcnejlum, which confifted in the due Obedience of the Subject ; Bowjn de- leBabile f» Hall's Cb, snick Yo\. XXIII. 3 Henry VI. Bollinifhead, 589- Taman gives .an Account of this Prcceffion in thefe Words, F Two Day* * before the Par!ement met, the Kinge with the Queene his Moder came < thorugh the Cytye from Wendefore, and when he came at the V/eft « ' Dore of Poulys, the Lorde Protecler toke him out of the Chare, and ' fo was ledd upon his Fete, between the Sayde Lorde Prote£tour and the * Duke of Exeter unto' the Steppes goyng ; into the Quyer. From whence ' he was borne unto the hygh Aulter, and there kneled on a Traverfe * purveyed for hym. And when he had ben there he yode to the Rode of » the North Dore and there made his OrTerynges. And then was he borne in- * to the Church yerde, and there fet upon a fayre Courfer, a^d fo conveyed < thorugh Chepe and the other Streetes of the Cytye unto S. George's * Barre, and fo held hisjournay to hisManour of Kenyngton. In the fame * Manner he was conveyed thorugh the Cytye to Wejlminfter to mete the * Parlement.* Fabians Chron. Part 7, Fol, ,j8i. (?) Spud's Chron. P. 65*. Of ENGLAND. 185 kttabik, which was giving good Council ; and "Bonum Kin s Hen T VI » utile, which was the free and willing Relief they owed to their Prince and Commonwealth. By the firft, he argued that God was moft glorified j by the fecond, the Prince bed honoured ; by the third, the Subject's Safety better guarded. According to the faying in St. Luke, Gloria in excelfts Deo, in Terra Pax, etHcminibus bona Voluntas. Glory is given to God by due Obedience in the Subjects ; the Prince is honoured by having found Advice given him ; and the Subjects go- verned in Peace by relieving their Prince. And, in this he affirmed, that Princes ought to be obeyed tho' they were evil ; according to the Command of St. .Peter, obedite Prapofitis ; for although they were not good in themfelves, yet, as they commanded many good Things to be obferveJ, they ought to be obeyed ; and put them in mind that, Sicut Princeps tenetur regere regaliter, fie Plebs obcdire. On his fecond Divifion, relating to found Counfel, he urged this -Text, Salus ubi multa Covfilia, and told them that an Elephant had three Properties, the one, in that he wanted a Gall ; the fecond for that he was in- flexible and could not bow ; and the third, in that he was of a molt found and perfect Memory ; all which Properties, by Application, he wifhed might be in all Counfellors. That for their wanting a Gall, they might be thereby free from all Malice, Rancor and Envy ; by being inflexible, that they fhould not ftoop to any Reward, nor in Judgment refpect any Perfon ; and of a found Memory, that they by calling to mind Dangers paft, might prevent Perils to come (r). His la ft Topic, for the Relief of the King; he urged that it ought to be done with all Readinefs of Mind, con- fldering that God, by the young Prince, his chofen Vef- fel, there before them, had not only governed them in Safety, but had, alfo, given to them many honourable Victories and great Conquefts ; all which ought to en- force them more willingly to offer, that their Grants fhould be more readily taken. Laftly, he defired the Commons to go together and chufe their Speaker and prefent (r) Lord Coke's Character of a Member of Parliament, bwlcsqu'd by Pr. Swift, feems to have been borrow'd from this Speech. Svyift'j Mifcellanies, Vol. 4. 1 86 The Parliamentary History King Henry vi. prefent him the next Day. Accordingly, they prefent- ed Sir Thomas Nanton Knight, for their Speaker, before sir Thomas tne King and Lords, whofe Excufe being not allowed, Speaker/ C * he, with the ufual Protcftation, was accepted of. But the Bufinefs of this Seflion was much interrupted, by a Quarrel between two great Men about a Right of Precedency. John Mowbray, Earl Marfhal, and Rich- ard Beauchamp, Earl of Warwick, were the two An- tagonists ; and each laid Claim to the higher Place in the Parhament-Hcufe. They were, however, com- manded not to come to the Houfe, till the Matter be- tween them was fully heard ; and learned Counfel was al- lowed them to plead and fpeak to their refpe&ive Claims. The Duke of Glocejler, as Protector, with the Bifhopsand the reft of the Peers fat as Judges ; and they, with the Members of the Lower Houfe, were ail fworn to give up- right Judgrcentin the Caufe,without Favour or Affection. The Commcns Sir Robert Cotton, in his Abridgment, has taken Pains confuited in a to extract, from the Record, the Subftance of the Pleas Cafe of Prece- on j^h gj^ . wn ich is prefixed to his Account of the ency m eeragr. p roceec j j n g S f ^ ]S Parliament. Therein the Pedigrees of thofe two ancient and noble Families are fairly let forth, in order to fupport their feveral Claims. For proving the Earl Marfial's Title, Roger Hunt, his Counfel, exhibited to the Lords a Pedigree, where- in it was demonltrated, that the faidEarl Marftal came of the Royal Blood, and gave the Arms of England, with a Difference, in his Efcutcheon. The faid Pedi- gree deduced the Earl Matfoal from King Edward I. and mewed the Earl to be allied in Blood to the prefent King, from Thomas Earl of Lancajlcr. It, alfo, mewed that the faid Earl was related to the King by the Line of the Earl of Arundel. Wherefore the Counfel pleaded, that his Client fhould have the Preference. Sir Walter Beauchamp, Counfel for the Earl of War- wick, produced, alfo, a Pedigree ; and, in fhewing the great Antiquity of the Family, he proved, by many Authorities, that Antiquity hath had Superiority to the Blood Royal. By thefe Arguments he enforced the Title of the Earl of Warwick ; but innfted, chiefly, on the faid Earl's great Polieffions; which he made the llrongeft Plea in his Favour. The Of ENGLAND. 187 The Counfel for both thefe Earls having finimed King Hem? vl their Pleas and demanded Judgment ; it might perhaps have perplexed the Miniftry how to pleafe them both, but, that a Method was devifed to do it effectual ly. The Earl Marjbal had been, privately, required ro put in his Claim for being reitored to the Title of Duke of Norfolk ; according to the Creation of Thomas his Fa- ther, and as Brother and Heir to Thomas* who died with- out Ifiiie, Son of the faid Thomas his Father (s) ; which Claim, when it was publickly made, was, for feveral Reafons, granted and confirmed by Parliament. By this Way, the Precedency was out of Difpute betwixt them ; and the Earl of IVarivick was the Occafion of helping his Antagonift to the Dukedom againft his Will; which the other, perhaps, would never have obtained without it. It may, well, be fuppofed, that this Difpute between '.nde two Noblemen took up the whole Bufinefs of the Parliament this firft Seffion ; for we meet with no other Proceeding till May 15 th, when the Duke olGlocejler* by Commiflion under the King's Letters Patents, pro- rogued it for a Week longer. The Firft Things we rind that they went upon, in this fecond Seflion, was by common Allent, to grant, A SiMdy. as an Aid, the former Subfidy on Wools for three Years longer ; and Tonnage and Poundage "for one Year; upon Condition, that foreign Merchants mould be ftriclly looked to for their Duties. The Lords of Parliament, by Name, promifcd, on their Honours, that they would not hinder the Bifhop of Wincbejler, but further fuch Security as he mould obtain from the King, for Money by him lent to the Go- vernment. And, it was enacted, That the King's Coun- cil mould have Power to give Securities to the laid Bi- fhop, and to other of the King's Creditors for fuch Debis as were due to them. Alio, the faid Bifhop hav- ing obtained the King's Letters Patents to receive 20,000 Pounds, cut of the firft Money arifing from the King's Cuitoms or Revenues of the Crown, the fame was con- firmed to him by Parliament. Sir John Cornwal Knight, Father-in-Law to the Earl of Huntington* then Prifoner to the Earl of Fendopne m Fianct (sj He was beheaded for High Treafon againft Henry IV. 1 88 The Tarliamentary History •king Henry VI. France, 'having, by Alignment, the Wardenfhip of the Body and Lands oi.John Arundel, Son and Heir of John Arundel of Arundel Knight, except 500 Marks payable to the King, petitioneth, that the Yearly Rent of the faid Eftate might go towards Payment of 1800 Marks, difburfed to the Earl of Vendofme, towards the Ranfom of the laid Earl of Huntington ; which was granted-. And, at the Petition of the faid Earl, the Lords of Ganccurt and Tokervile, French Prisoners, were delivered to the faid Sir John Cor nival for 5000 Marks difburfed in Part of the faid Earl's Ranfom. Petitions. On Petition of Ann, late Wife to Edmund Earl of March and Ul/ler (t) , it was ordained that the faid Ann Ihould have Livery of her Dower, on rinding of any Offices after the Death of the faid Earl, and upon her Oath not to marry. That Part relating to the Offices we do not underftand ; but this Lady was the Widow of the faid Earl of March-, and dying without Iflue-, he left his Honour and Eftate. to Richard Plantagenet y Earl of Cambridge, his Sifter's Son ; who, being there- by, Heir, to Lionel Duke of Clarence, firft began the Conteft, between the two Houfes, /or the Crown of England. There are feveral other Matters relating to more pri- vate Affairs, in- the Abridgement, which we (hall pafe over ; and only mention one which has a more public Concern, and which Cotton hath given us in thefe Words : ' It isenacled* that the Quarrel and Combat, betwixt ' the Duke of Ghcejier isuS. the Duke of Burgundy, do ' in no Cafe proceed ; but that the fame by the King's * Letters Patents be committed to the old French King, ' the King's Mother, and the Regent of France ; and * that the Duke of Burgundy do deliver into indifferent * Hands the Perfon of my Lord of Glocejler.' It is not eafy to reconcile this Paragraph to the Hif- tory (f ) This Edmund Earl of March, Sec. had been a Prifoner of State ever fince the keign of Henry IV ; was grownlame and decrepid with Age and Confinement ; but thisYear was happily releafed from his Milery. Hall's Cbron. 3 Hen. VI. Fol. xxiii. Shakeffear hath gi /en us a fine Scene of this fame Edmund Mortimer giving his laft 4.dvice to his Nephew Richard Plantagenet , afterwards Duke of York, in Prifon. Henry VI. -Part firft. Of E N G L A N D. i8p tory of the Times ; it feems by this that the old French . King was ftill alive, and that the Duke of Glocelier was Kl " s Henry VL then a Prifoner to the Duke of Burgundy : Whereas all Hiftories agree that the French King had been dead two Years before; and that Duke Humphry was never a Prifoner to the other. It mull be a Miftake in the Abridger, or his Pub lijher, in calling it the old French King, inftead of Queen, or the Queen Mother o( France; and fomeof our Hiftorians tell us, that it was the Duke of Glocefter. who fent the Duke of Bui gundy a Challenge for afiifting the Duke of Brabant , in the Affairs of his elop'd Wife ; and charging' him with Treafbn a- gainft the King of England (u). But the Regent of France, coniidering, that it might be of very ill Confe- quence to the Enghjh Intereft, became a Mediator be- tween them, and made a friendly Conclusion, juft when the Heroes had got every Thing prepared for the Com- bat. The Duke of Glocefter had borrowed 20,000 Marks of the public Treafure, .to enable him to raife Forces for the Recovery of his Lady's Dominions in Flanders ; which was to be repaid in a certain Term of Years ; and it was now ordained, by Parliament, that the Lords of the Council fhould take Securities for it. Duke Humphrey was very uniuccefsfull in this Expedition ; for he loft the Lady and her Dominions, alfo ; me became at laft reconciled to her former Hufband ; and the Duke, to remove the Chagrin of fuch aDifappointment mar- ried Eleanor, the Daughter of Reginald Lord Cobham, who had before, been his Miftrefs ; which proved a very unfortunate. Match to Iiim (x). . There were feveral Acts made for the public Bene- fit this Parliament. The chief of which are, I. A- Several a#s gainft the Exportation of Sheep beyond Sea. without the pafs'd for the Be- King's Licence ; becaufe by carrying of Sheep into *| efit of the Na " Flanders', and other Parts, the : Wool of England would at length become of little Value, and the Woollen Ma- nufacture of. the Nation be greatly diminifhed. To remedy this,' they laid on a, heavy Tax of forty three (u) Biondi fays otherways, and makes the Challenge come from Philip Duke of Burgundy to the Duke of Glocefter, for relieving upon his Honour in this Affair. Biondi' 's Henry VI. P. 26. (x)Sam, Daniel ia Ktnnet. P. 551. Speed's Chron. P. 653. i po The Tarliamentary History KingHcmy vi. three Shillings a Sack upon exported Wools, which was ten Shillings more than ever was paid before for the like Quantity. II. For lhe Exportation of Butter and Cheefe, to encourage Hufbandry ; giving the Chancel- lor of England leave to grant Licences, at his Difcretion. to fuch Perfonsas mall defire to vend the faid Articles in foreign Parts, as well as at the great Staple at Calls. 1IL That all Merchant Strangers, within fifteen Days after they are landed, in any Port of this Kingdom, fhall take Lodgings or other Habitations, in the Town or Place where the Port is, under fome Englljhmen ; and fhall not make any Sale of any Goods or Merchan- dize till they are fo fettled ; and then (hall fell all their Merchandize within forty Days next enfuing ; and if any Goods remain unfold after that Time they fhall be forfeited to the King's Ufe. This Adt was intended for a double Benefit ; firft, that the King might not be defrauded of his Cuftems ; and next, that Strangers might not by keeping of their Goods and Merchandizes, underftand the Wants of the Nation and fo raifs the Prices. After pafiing thefe, and feveral more Acls, the Parliament was diflblved, and the Members fent back into their own Countries (;•). Quarrel between About this Time it was, that a dangerous Quarrel was the Lord Protec- fet on Foot between two very great Men, both chief ^ r ' T d \vt Bl "Supporters to the Houfeof Lancajler, Humphrey Lord eherter, reterr'd Pioteclor, and Henry Beaufort, the rich Biihop of tu Parliament. Whichefler, great Uncle to the King. '1 he latter of thefe, by his Magnificence and Gran- deur, feemed fo much to out-fhine the Protestor him- ielf, tho' almoft on the Throne, that he drew on him the Odium and Jealoufy of the other. The haughty Spirit of the Bifhop, being Legate to the Pope in Eng- land, was fo great, that the Proleclor could not en- dure h ; s Pride; and fuch an implacable Enmity grew between them, that great Parties were raifed, on bdth Sides, for each other's Defence. In fhort, a civil War was much dreaded would be the Confequence j and, ail their (?) A Petition of the Commons was exhibited this Parliament, Thai r.ll Paifons, Vicar?, and others, having Cures, and not rcfi.krit irpan thrrn, may forfeit their Benefices ; one half to the King and the other hair to the Patron. Anfruxr, The King hath commanded the JtotbMSwjfi m, {.nr.ttruuiy and jSrk to provide a Remedy.- Cetunt j8f. Of E N G L A N D. 191 their mutual Friends could do, was not fufficient to k^s H*** v *- pacify the Mind of the Protector, or to make the Prelate yield any further, than, as he thought, was be- coming his high Place and State. Tn this Situation the Bifhop, however, thought proper to write a Letter to the Duke of Bedford, Regent of France, to come over and endeavour to heal Matters between them. The Duke came accordingly, and calling a Council of the chief Nobility at St. Albans, many hot Cornells arofe ; and, nothing being concluded at that time, it was ad- journ'd to Northampton, but, to as little purpofe ; till, at laft, it was determined, that thefe Differences fhould be referred to Parliament. Accordingly, Writs of Sum- Anno Rcgni 4# mons were ifiued out, dated Wejlminjler, January 7, 1426. for one to meet, at Leicejer, on the 18 th Day of Feb- At defter. ruary following. At which Time and Place being affembled, in the great Hall of the Caftle of Leicefler, much Care had been taken to prevent any Tumults between the great Trains of the Protestor and the Bifhcp, by ftri&ly pro- hibiting any Perfon whatfoever, to come thither with Swords or any other warlike Weapon, Which Order, tho' it was literally obferved, yet the Lords and their Attendants came armed with Batts, or great Clubs, on their Shoulders ; from whence this Meeting got the Name of the Parliament of Batts ; but this, alfo, as The Parliament foon as it was taken notice' of, was prohibited (z). of Batts. Being all, at length, fat in a peaceable manner, as a- forefaid, the young King being there, alfo, prefent, the Bifhop of Winchefler, as Lord Chancellor of England^ declared the Caufe of the Summons, in a very fhort Manner ; for, after telling them that the King's Will was, that all Eftates fhould enjoy their Liberties, he took his Subject from thefe Words of St. Paul-, Sic fa cite ut fa hi fitis. Thefe the learned Prelate divided into three Parts, and referred them ' Firft'to God, for protecting the 4 Faith of the Church, againft all Invafions from Lol- * lards and Hereticks ; fecondly, by imparting found ' Counfel -, and, laftly, by granting the fevcral need- « ful (*) After this they took Stones snd Plummets of Lead, and hid them in thtir Sleeves and Bofoms. Fabian' iCbren, 191 The Tarliamentary History King Henry vi. c ful Subfidies. By which, he affirmed, three Virtues 4 and Conveniences would follow, viz. Glory to God, * by protecting his Faith ; Honour to the King, by re- * ceiving good Advice; and Peace to the Subject, by * their liberal Grants. In all which he defired, that * every Eftate of this Parliament would labour ; and * that the Commons would chufe, and the next Day * prefent their Speaker.' The King's Letters Patents were read, whereby he appointed John Duke of Bedford his Commiffioncr, to prorogue and diffolve this Parliament at his, Pleafure. sir Richard Vcr- The lame Day the Commons prefented, before the non chofer. King, Sir Richard Vernon, Knight, to be their Speaker ; Speaker. • w | 1( ^ ^^ { ^ e common Proteftation, was allowed. Then the Commons expreffed their great Diflikc to the Diffentions between Duke Humphrey and the Bifhop of JVihchejler, and moved for their Reconcilement. On which, the Duke of Bedford, fome Bifiiops, and ether Lords, made a folemn Decree amongft them- ielves, to hear and determine the faid Difference, with- out Favour or Affection ; and, at the fame time to give no Encouragement to either of them to break the Peace. Which Order, after every one of the Lords had fvvorn to obferve, they fent a Copy of it to the Commons. They then proceeded in the Matter, and, at length, caufed the faid Duke and B;fhop, by their formal In* ftruments, to have their Difputes compromifed, and referred to the Decifion of a iele£l Committee of cer- tain Bifhops and Lords ; who, after fome time, came to this Refolution about them : Firft, that the, faid B : fhopof Uuichefcr mould fubmithimfelf to the King's Mercy ; which he did accordingly. And, then the Duke of Bedford, in open Parliament, pronounced the laid Bifhop innocent of what was alledged again ft him, in that he procured a Perfon to murder the late King, when he was Prince, as the A^urderer himfelf confeffed who was drowned by the Earl of Arundel. And, alfo, in that he fhould counfel and advife the faid Prince to have depofed Henry the Fourth his Father. Likewife, it was awarded by the faid Committee, that the Bifhop fhould acknowledge his Offence to the Duke of Glo- cejler % and, in a fubmiffive Manner, afk his Pardon ; Of E N G L A N D. 193 that the faid Duke (hould freely forgive him ; and, in King Henry vi . Token of a thorough Reconciliation, each fhould take the other by the Hand, which was accordingly done before the whole Aflembly. Some time after the Bi- fhop of Winchejier petitioned the Parliament to be dif- charged of the great Seal, as Chancellor, which, by common Confent, was granted. This is all the Account which the Abridger of the Records has thought fit to extract, relating to this itrong Contention between thefe two Noblemen ; who, though fo nearly related as Uncle and Nephew, yet they ftill carried on that implacable Malice againft each other, as ended not but in the Death of one or both of them. However, our elder Chronicles are not fo filent in this Matter ; they tell us, that when the Affair of the Quarrel was brought before the Parliament, and each Party allowed to plead his Caufe freely, the Pro- tector, who looked upon himfelf as the Perfon aggriev- ed, exhibited five Articles againft the Bifhop, to all which he was urged to give in his Anfwer. Which Articles, being very extraordinary, and then thought not unworthy a Parliament's Notice, cannot be be- neath the Reader's Perufal. Articles (a) of Accufation prefented to the Parliament Articles againft by the Duke of Gloucefter, again/Msnry, Bi/bop 9f*??**?± tX * ■%xt- , n y • i > • * r 1 r it J Bimop or Win- Wmchefter, with his Anjwento them Jeverally. chefter with hi* I. That Richard Woodvile, Efq; Keeper of the AnftM,n% Tower of London, did by the Inftigation and Encou- ragement of the faid Bifhop of fFincheJier, deny Ad- mittance to him the faid Duke of Gloucefter, then be- ing Protector of the Kingdom, into the Tower, con- trary (a) A Copy of thefe Articles are in Hall's and HolllngJbead\ Cbro- liclct, but they are only five in Number. The Anfwer the Bifhop gave to the Subftance of the Letter is made a feparate Article. The Letter itfelf, which the Bifhop oiWincbefter fen: to the Duke of Bedford, it preferved in our old Chronicles, in its original Language as follows t ' Ryht highe and mighty Prince and my righte noble and, after one, leveft Lordc, 1 recommend mc unto you v.irh all my Harte. And a* you defyre the Welfare of the King our Sovereign Lorde, and of his Realmes of Englande and Fraurce, and your awne Health and ours alfo, fo haft you hether, for, by my Trouthe, if you tary we /hall put this Landc in Adventure with a Felde, fueh a Brother you have her , Vol. II. N God jj^4 ThsiTMliammffojArL isto^t King Hsnry Vi. trary, to Reafon. . and Duty., and in Derogation to the King's Authority, . : To this. Article the Bifhop anfwct'd, ' That \vhi!e '• the Duke of Glouccfur was gone into Hainau/t, it f happen'd, that 'many Pamphlets. and Rep&rts being ' riifpers'd up and down the City 01 London tending to ' Rebellion, it was crder'd by the -Lords of 'his Maie- * fry's Council, that Richard W.oodvile, Eiq; fhould \ with a fu-mcient Number -of arra'd Men have the 1 keeping of. : the .Tower, and ihould not permit any v lan to, come into the Tower flronger than himfelf, 4 whhout'the fpecial Commandment of the King, by , fjj the Advice of his Council. After this Itrict Charge I the L'ukc of Gk-cijter returning out of Hainattit^zjad ' not approving the fortifying- the Tower, told the ' Citizens, who were diliatished at it, That- had he ' been in England it ficuld mi have been fa; and imme- * diately going to the Tov/er demanded Admittance, f but IFoodvile not. daring to give, him Entrance came 4 to the Bifhop of IVuuheJler for Advice, who told * him, That the. Duke of Gloucester- took more upon him i than he ought, and that before he advntied him into the * Tower ', he ought to provide himfelf a fuffnient Warrant ' of the King and Council for his jo doing contrary to the \ former Order. ■ II- That the Lord Bifhop of . V/inc hefl.et\ without the Advice or Confentof the 'Lord Duke of Ghuc-^ or of his Majefty's Privy Council, centriv'd and pur- pofcd : to lay Hands on his Majefty's Perfon, and to have remoVd him' from I libam, the Place that he was then in, to/. there to put him under the Go- vefr.nv nt ;x vm: O/ENGLAND. i 9S ' any Thing about the King's Perfon without the Ad- King Henry VI. * vice of the Privy Council, as in Time and Place he * could prove. III. That the Lord Bifhop of Winchejler knowing, that the Duke of Gloucef.er had refolv'd to prevent his Defign of feizing the King's Perfon at $itham, laid wait for him, by placing arm'd Men at the End of London- Bridge, and in the Windows of the Chamber,, and Cellars in Southward, to have kill'd him, if he had pafs'd that Way ; all which is againft the King's Peace, and Duty of a true Subjecl. The Bifhop's Defence to this heavy Charge was this, * That true indeed it is, that he did provide a certain * Number of arm'd Men, and fet them at the Foot of * London-Bridge, and other Places, without any In- * tention to do any bodily Harm to the Duke of Gh~ ' cejler, but merely for his own Safety and Defence, ' being inform'd by feveral credible Perfons, that the ' Lord Duke of Gkucejier had purpofed bodily Harm * to him, anJ gather'd together a Company of Citizens i ' for that End.' IV. That the late King Henry the Fifth told him, That when he was Prince, a Man was feized in his Chamber, who was hid behind the Hangings, and con- feiTed after his Apprehenfion, that he was fet af work by the Bifhop of Winchejler, . to kill the Prince in his Bed. He was deliver'd to the Earl of Arundel, who drown'd him in a Sack in the Thames. To this Accufation the Bifhop reply 'd, ' That he ' was ever a true and faithful Subject to his. Sovereigns, * and never purpofed or contrived any Treafon againft * any of their Perfons, and efpecially againir. his Sove- * reign Lord King Henry the Fifth. -And this he ' thought was fufficiently evident to any, that confi- ' der'd the great Wifdom and Courage of the faid ' King-, and the gieat Trull he repofed in him fo * long as he remained King, which he would not have * done had he found him guilty of iuch Unfaithfulnefs * to him while he was Prince. V. That the B:fhop of Winchejler in the Sicknefs of King Henry A the Fourth, advifed his Son Prince Henry, to 'ailiime the Government of tile Nation be- N 2, fore' King Henry VI. 15)6 The Parliamentary Histom fore his Father's Death, as the faid Prince himfelf told him. The Bifhop reply'd, 'That this was meer Calumny, * which could not be proved ; and he hoped the Parlia- * ment would appoint them Judges, that he might vin- * dicate his Honour, or elie leave him to fue out his * Right before iuitable Judges.' VI. That the Lord Bifhop of W'nthefler had, in his Letter to the Duke of Bedford* plainly declared his malicious Purpofe of afTembling the People, and flir- ting up a Rebellion in the Nation contrary to the King's Peace. The Bifhop's Anfwer to this Accufation was, ' That * he never had any Intention to difturb the Peace of * the Nation, or raife any Rebellion, but fent to the ' Duke of Bedford to come over in hafte to fettle all ' Things that were prejudicial to the Peace ; and * though he had indeed written in the Letter, That if 4 he tarried^ ive Jhall put the Land in Adventure by a 1 Field, fuch a Brother you have here ; He did not * mean it of any Dcfign of his own, but concerning « the (editions Affemblies of Mifons, Carpenters, Tilers ' 'and PlaitlereTs, who being difhifted by the late Ad of ' Parliament againft excefiive Wages of thofe Trades, ' "had given xaax many feditious Speeches and Menaces ' againft the great Men, which tended much to Re- * beilion •, and yet the Duke of Gloucefer did not ufe 4 his Endeavour, as he ought to have done in his Place, ' to fupprefs fuch unlawful AfTemblies, fo that he fear- ' ed the King and his good Subjects muft have made a * Field to withfland them : To prevent which, he 1 chiefly dellred the Duke of Bedford to come over.' Which are re- This Charge, and the Anfwers to it being thus deli- ferr'd to a feieaver'd into the Parliament, the further Examination of Committee. xl ^ by lhe Houfes devolv'd upon a feleft Number of Lords, viz. Henry Archbifhop of Canterbury* Thomas Duke of Exeter* Jehn Duke of Norfolk (b), Thomas Bifhop of Durham* Philip Bifhop of Worcejler* John Bifhop of Bath^ Humphrey Earl of Stafford* Ralph Lord Cornwal* and Mafter Allenwich* Keeper of the Privy Seal, (b) John, Lord Mowhriy, w«j not Duke of Norfolk, till after the Reconcilution of the Duke of Ghucefter and the Biihop of Wiu- tbtfitr. Of E N G L A N D. i 9 y Seal, who having thoroughly examin'd all Matters, ac- King Henry vr. quitted the Bifhop, and by a formal Award enjoin'd them to be firm Friends for the future ; and by fuch ^ t e te B d ,(h ° f p t a h c c Inducements wrought upon them, that they fhook charge. Hands, and parted with all outward Signs of perfect Love and Agreement, which gave a mighty Satisfaction to all People, both of the Clergy and Laity. And the a Reconciliation King, by the Advice of his Council, made a magnificent between him and Fealt at Whitfuntide, to rejoice for this happy Reconci- Qj e oc ^ e ot liation. At this Feaft the Duke of Bedford, Regent of France, knighted King Henry, who immediately made Richard Plantagenet Earl of Cambridge, Duke of York ; and reftor'd John Lord Mowbray, Earl-Marfhal, Son of Thomas Duke of Norfolk, who was banifh'd by Richard the Second, to the Title and Stile of Duke of Norfolk ; and made above forty others Knights. After this the Par- liament fat till June the 15th following ; but did nothing more than raife a Supply of Men and Money to carry on the Conqueft of France, which were gather'd out 01 the great Cities and Towns of the Kingdom chiefly. The whole Bufinefs of this Seflion of Parliament, was, almoft employed, in fettling the Differences be- tween thefe two great Men, very little elle of Moment being done at it. What is any ways ligniricant, is as follows : After the Bifhop of Wmchejhr was difcharged of the Chancellorfhip, John, Bifhop of Bath and IVclh, was, alfo, difmifled from being Treafurer of England ; and the latter delivered to the Duke of Bedford the King's great Seal of Gold, in a Leathern Bag, which the Duke took, fhewed it openly, and afterwards gave the fame to John Kempe, Bifhop of London, as Chan- cellor of England (c). The Bifhop of Durham, by vertue of a Privy Seal to him directed, delivered the la ft Will and Teftament of Henry V. which was fealed with the great and privy Seals of the private Signet, to the Lords of the Council, who gave the fame to the fafe keeping of Mailer fVtlHam Allenwick, Keeper of the Privy Seal. Jt was then, alfo ena&ed, that the Lords of the Council lhall have full N 3 Power (e) Soon after made Archbifliop of York. Lk Neve'* Fafti Bee. An*. 1 5)8 The 'Parliamentary H 1 s T o it y King Henry VI. Power to bind the King, his Heirs and SuccefTors, to his Creditors in one Security for 40,000 /. It was enacted, That the King's Council fhould have Power to end all fuch Bills as are not finifhed by- Parliament. And, March 20, the Chancellor of Eng- land^ by a Commiffion from the King, prorogued this Parliament from the fame Day, unto Monday next after the Feaft of St. George, at Leicefier, aforefaid. But, tho' this Prorogation was only to the latter End of April, we hear of no more of their Proceedings 'till the firft Day of June; when, by common AlTent, ASubfidy. the fame Subfidy on Wools, &c. with Tonnage and Poundage, was granted for two Years, as in the pre- ceeding Parliaments. Attack upon the I n the Petitions we find, that another Stroke was made Clergy. at the Clergy ; which was, that no Man mould make any Advowion, Prefentation, Collation, or Indu&ion, to any Foreigner of any Benefice or other Ecciefiaftital Dignity, on Pain of a Praemunire: And, that every Perfon might prefent again for the Non-Refidence of the Incumbent. To the firft, the King will be ad- vifed ; and to the other, the Bifhops have piomifed to take Order therein. It is probable thefe Anfwers of the King to the Peti- tions of the Commons, on the foregoing Heads, which amounted in the firft to a Denial of paffing the Bill, proceeded from the ftrong Remonftrances which Mar- tin V. then Pope, had made both to the King and The Pope's Me- Parliament againft it. The Pope's Letters on this nacing Letter to ccafion, are prefer ved by Bifhop Burnet ; the latter the Parliament, r , . , i r» ,• • • « s to repeal the Sta- ot which to the Parliament, requiring them utterly to tute of Provi- repeal the Statute of Provifors, .is fo fingular, as to de- sors. f erve a pj ace j n tne f e Enquiries, in its own Language, under this Note (d). The next Inftrument, from the fame (d) Martinus Epifcopus, Servus Servorum Dei, •venerabilibus Fra- tribus & dihelis Filits, Nobilibus viris Parliament I Regni Anglic, Salutem & Jlpoflolicatn Benediclionem. Multis nunciii ac frequentibus exbortaiionibus, pro debito paftoralis of- ficii, uod Ji quis for/it an vobis contrarium perjuadere audeat, quicunque ills fit, Seecularis vel Ecclsfiaflici Status, tanquam boftem ani- marum vejirarum & honorum nullatenus audite ; nee ewn •virum Catholi- cum reputetis, qui advsrfus Romarae Ecd'fia AuEi ar.it atem, Juraqus & Privilegia Sedi Apoftoliate Divinitus cbtiiceffa, aliquid ir.achi'nari prajump- ferit,' quious ipje Rex veflcr . Illujlris nolle ullatetius derogarc publics tro- tejiatus eft. Nos quidtm ipfi fumus ab omnipotent} Deo Jelu Chrifto, fupct vos Cjf Univerfalem Ecclejiam conjlituti, cujus Doctrines ac perjuajioni Jine ulla Contraditlione omnimodam ftdem im . an uo- modc Jiabit Regnum, &c. From which Text, he argued * That in the Realm * of England, three Caufes were to be noted which hin- * dered its Advancement. Firft, Want of Faith, was * the Root of all Vice, Eo quod fine Fide impojfibile eji ' placere Deo ; the Second, Want of Fear, which was * the chief in every good Mind, Nam qui nihil timet, 1 negliget \ and, Laftly, the Want of upright Juftice, * the Pillar of every Kingdom, for, Ex Jujlitia fequi- * tur Pax, et ex Pace Return Abundantia maxime pro- * creatur. * Inftead of thefe three Virtues, three abominable ' Vices, he faid, were fprung up ; namely, Infide- ' lity, by Errors and Herefies ; Obftinacy, inftead of * Fear; and Opprefiion in the Place of Juftice. Through ' Infidelity, he told them, that the late Troubles in * Germany, and the Deftru&ion of the Kingdom of * Bohemia had happened. Fear, he again divided in two ' Parts, the one fpiritual and virtuous, as fearing God * and Man for God; the other carnal and vicious, * from whence fprung Murmurs and Rebellion, which ' would procure fuch Deftru&ion as happened to Da- * than and Abiram. From Oppreflion, enfued the * transferring of Kingdoms, according to the wife Man, ' Regnum alienum in Regnum transfertur propter In- 1 jujiitias &f Injurias. But that if true Faith, due ' Fear, and ftridt Juftice was reftored, there was then 1 no doubt but this would be a flourifliing Kingdom. * He concluded, That as the Prince was bound to de- * fend the Subjefts t and to keep Peace, fo ought the 1 Subje&s to grant largely to the Prince out of their c Goods, that he might be enabled to perform the fame, « to ; io6 The Tiirliamcntary History King Henry vi. * to whch End the faid Parliament was called. He ' then directed the Commons to chufe their Speaker, and \ prefent him as ufual'. wilibm A:;i-. r; . The next Day the Commons came again before the s£S. ? K>»»g and Lores; when certain of their Members in- formed the Houfe that they had chofen one William Al- li?igt:n liter, to be their Speaker, but defired a Refpite of two Days before they prefented him ; which, being granted, the faid William Allington, on the fourth Day of the Seflion, made the ufual Proteftation, and was allowed. During the Sitting of this Parliament, the King having now entered into the ninth Year of his Age, and fhewing a toward Pregnancy of Wit and Parts, it was ihouglit proper to admit him, as it were, into his regal Dignity, by a Coronation. Accordingly, ThcKing crown- on the 6th of November, being theFeaft of St. Leonard, teaorftip h dif-°" l ^ e Ceremony was performed at Wejlmiufler, with great foiv'd. Solemnity. And, very foon after, a Motion was made in the Houfe of Lords, ' That fince the King * had taken upon him the Protection and Defence of ' the Realm by his Coronation, the Name and Power ' of Protect or and Defender, granted to the Dukes of ' Bedford and Ghueefler, from the Day of the laid Co- c ronation, fnould utterly ceafe. And, that they the * faid Dukes mould have the Name of principal Coun- * feller?, only ; any Order to the contrary, notwith- ' Handing.' Which Motion, after fome Debate, was agreed to by the whole Houfe ; and the Duke of Bed- fod Handing up, in full Parliament, did relinquilh the laid Tides, as to his own Perfon, fo always that the faid Releafe mould no way hurt his Title as Duke of Bedford '(h). It (h) The Memorial of this whole Proceeding in Parliament, is in the Pubiick Ads ; in which is this remarkable Claufe. Pro co etiam quod, Arjijamento diligenti & Deliberation f matura babitis inter Dominos Spirituals & Temporales, in prafenti Parliaminto exijientes, utrum di&um Nomen Prote£loriS & Defenforis, ex Caufa pnediBa t ceffare deberet, r.ecnef Auditifque & intellect's nonnullis r.otabilibus Rit- tionibus & AUegationibus in bae Parte faEtis, tandem •videbjtuf prtefati; Dominis Spiritualibus &? Temporalibus, quod diclun: Nomen Proteclcris vs? Defenforis, a Tempore Coronationh pnediclee, ex Caujis prxditfis, fpt' cialiler cejjare deberet. Nomine tamen, &c< Fred. Ang. Tom. X. P, 43$, AY / ■Of E N G L- A N D. 207 It was not till the twelfth Day of December, that a King Henry vi. Supply was granted by this Parliament, of one whole Tenth and one Fifteenth, to be levied on the Laity. A lar 5 e Subfid > r ' Tho', afterwards, on the twentieth of the fame Month, the Commons',- at the fpecial Inftance and IM re of the Bifhop of JVincheJler, juit. then made a Cardinal, grant- ed another Tenth and a Fifteenth, to be levied as above* They, alfo, gave the King a Grant of Tunnage and Poundage, to continue till the next Parliament. This liberal Donation, at the Prelate's Requeft, fhews, that the new- made Cardinal was in high Eiteem with them, at that Time ; and his Title has gained a Place in the Records themfelves, as follow? : Reverendijjimus in Chrifto Pater Domlnus Henricus, Permiljione divina, Titulo Saneli Eufebii Presbyteri Car- d'.nalis in Anglia nuncupates. On the fame Day the Chancellor, by the King's Command, and the Confent of the Bifhops and Lords, prorogued the Parliament unto Monday next after the Feaft of St Hilary next enfuing, on account of the - Holy days. Being again afiembled, the. firft Thing they did was to take under Coniideration, the prefent high Eftate of the Cardinal Bifhop of Winchefler-, becaufe that Dig- nity exempted him from being of the King's Council, but at his own Pieafure. Therefore, the reft of the Bifhops and Lords contented to join in an humble Re- queft to the faid Cardinal, that he would vouchfafe to be made citj of the Council, under a Proteftation that the faid Cuiir.il ihould abfent himfelf in all Affairs and Counsels of the King, whenever the Pope or See of Rome was'. concerned' in them. Which Requeft, fo made, the Cardinal condefcended to grant under the i>id Condition. This, High P.rieft was , at. that Time in fuch Eftim'a- The Cardinal in tion, alfo, with the Commons, in Parliament, that & reat Efteem they uiv^.nimonfly joined' in a Petition to the King, W1 praying him,, that, in confideration of the great and notable- Services, lie had done the Crown, both under the prefent King and his Father, that he would grant h.m a full Pardon for whatever- he had a fled contrary to the Laws j particularly in regard "to the Statute of Pramunire. mons. ao8 The ^Parliamentary History King Henry vi. Praemunire. This Petition was granted ; and, confe- quently, the Cardinal was fkreened from all Profecu- tions. Two Acts were, alfo, pafled in the Cardinal's Favour, at this Time, relating to fome Loans of Money- he had lent the King on his Jewels ; which will be mentioned in the Sequel (i). Authority was given to the King's Council to make Securities to feveral Creditors of the Crown, for the Sum of 50,000 1. It was alfo ordained, that the Trea- furer and Victualler of the important Town of Calais, fhall receive a certain Quantity of Mercantile or Staple Ware, and other Revenues, within the faid Town, for the Payment of the Garrifon there, and the necefla- ry Reparations. The (/*) This Petition, with the two Afts, are printed at large in Rymer ; and the former being fomewhat extraordinary defeives a Place, in thi» Hiflory, in its original Language. Item Priount Les Comunis que pleafe a vous Trefgracious Seigneur. Conjiderant les trefgraunds fif notable Services & Natureffes, fibien *■ vout, come a veftre trefnoble Pere, qui Dieu affoile, avaunt cet ILurei, faitex par le Trefverent Pere en Dieu, Henry Beaufort, Preftre Cardi- nal, fouth la Title de Saint Eufebe, & Evefque de Wyncheftre, d 'or diner Gf grauntier, par AJfent des Seigneurs Efpirituclx S? Tempo- relx, en cefi veftre prefent Parlement efteanx par AuElorite de mefme I* Parlement, que le dit Henry Cardinal, par qucconque Noun mefme It Henry foit name, ne nul aultre, ferra mye, purfue, vexe, emplede, cu gra-vc, par vous, ou vos Heires. ou Succejfcurs, Royes d* Engleterre, r.t par afcun aultre Perfon, a Caufe d'afcun Provifion, ou d'afcun Offenfe, ou Mifprifton, fait par le dit Henty en countre afcun EJlatut des Provifours, ou par Caufe d'afcun Exemption, Refceit, Acceptation, Admiffton, ou Exe- tution d'afcunx Bulles Papalles, a luy en afcun Maniere faitx, merque le dit Henry Cardinal, & chefcun aultre, de toutex tielx Maner d'Aclioni, Purfuts, Empecbements t et Vexations, et de toute Chafes queux ferroienc en Offenfe de vol Ley is en celle Partie, a Caufe fuifdit, et de toutx aul- tre: Anions ct Purfuites, dount Punijfement, femblable al Punijferr.ent con - Unutx en I'Efiatutx de Provifours, viendroit ou furdroit, foient, et ebefcun de eux foit, par mefme /' ' Auiloritee > en vers vous, vos Heires et Succejfours, ent quitex & difekargex tout autrcment, et que toutx tiel* Aclions Sf Purfutes, envtrs le dit Henry Cardinal, et Chefcun aultre, a Caufes furdites, foit extientes, et pleinement paritex, voidex, cafjex et irri- tes. Et que vous, vos Heires et Succcffours, foiex et foient, de tout Manere en- ter efj'e, et de toutx Maner s a" Atlions et Purfuites, aver ou purfuer par cclli Encbefon, envers le dit Henry Cardinall et chefcun aultre, forelofe et ex- clufe pur toutx Jours, par le AuElorite fufdit ; afcun EJlatut es et Ordinan- ces, faitx a contraire, nient objlantx. Refponfio Regis. Fjat prout petitur, quantum ad praditlum Cardinalem, et omnes alios qui Octaficne ejufdim Cerdinalis imptti poterunt vel tmplacitari. F«d. Anglican. Tom. X p. git. 0/ ENGLAND. io 9 The valiant Lord Talbot being then a Prifoner in King Henry VI. France, the King, by common Confenr, agreed to re- leafe Sir William Bircham, Knight, a French Prifoner, as Part of hisRanfom ; provided the faid Sir IVilliam was notimpeach'd for the Death of the Duke of Bur- gundy. It is remarkable, that this Lord Talbot had ferv- ed the late King, in his Wars, two Years, without any Wages. At the fame Time it was agreed by Parlia- ment, that the Duke of Orleans Coufin to the King, who had been a Prifoner in England ever fince the Bat- tle of Jgincourt, and was then in the Cuftody of Sir Thomas Chamberzvorth, Knight, mould be deliver'd to Sir John Cornwall Knight, by him to be lafe kept. And that the Duke of Bourbon, taken at the fame Battle, mould be committed to the Cuftody of Sir Thomas Chamberworth. This Parliament fat to the 23d of February, on which Day, as if they could not be tired with granting Money, they gave the King the fame Subfidy on Wools, as was granted informer Parliaments, for two Years. And at the fame Time, they confented to Another Subfidy. fhorten the Payment of the laft Tenth and Fifteenth, to relieve the preffingNecefnties of the State. Before they were dilTolv'd, they alfo agreed upon Ankles for the certain Articles, Eighteen in Number, for the better Regulation of Regulation of the King's Council. All which faid Ar- J^^S 8 '" tides, every one of the Lords of the Council, whofe Names are there fpecified, promifed faithfully to per- form. The Abridger has made but two Observations on thefe Articles : The one, that the Dukes or Bedford and Gloucefer were accounted no higher in Council than as two of the fame Body ; the other is, that all fuch Officers, civil or military, who have ferv'd the King and his Father faithfully, mould be firft preferred to Places and Benefices in the King's Gift. A goodly Precedent, fays Cotton, to encourage Officers to ferve painfully and faithfully, when their Hoping is not turn- ed to Haltering. There were many Acls made in this Parliament which the Reader may, if he pleafes, confult altogether :n the Statutes at large. But an Account of two or Vol. II. O three 1 1 o The Parliamentary History King Henry vi. three of them cannot well be omitted in thefe Inqui- ies. The firft was, ' That the Bifhops and the infe- rior Clergy coming to attend their Service in Parlia- A£ts relating to c ment, fhall have the fame Privilege, in regard of Privilege j < ^ p ro r, e £tion f t heir Servants, as the Peers of the Realm. That every City, Borough, and Town in the Kingdom, fhall have at their own Charge a com- mon Balance and Weights, fealed according to the Standard of the Exchequer, in the keeping of the Alfo to Weights * Mayor, or Conftable. At which Balance all the and Meafures j « Inhabitants of the fame City or Town were to weigh, without paying any Thing ; but Strangers were to pay a fmall Premium there fpecified. It was alfo ena&ed, ' That whereas Knighrs of the Shire had of late been chofen by outragious and ex- cefiive Numbers of People, and of fmall Subftance ; for the future, the faid Knights fhall be elected in every County, by People dwelling and refident in the faid Counties, whereof every one fhall have, in Lands orTe- nements, to the Value of forty Shillings, by the Year, at the leaft, above all Charges ; and that they which fhall be fo chofen fhall be dwelling and refident within the faid Counties. In the Parliament, ioth Henry VI. Anno 1432, it was declared, ' That the faid forty Shillings per Annum 1 muftbe Freehold.' This Statute is in Force at this Day ; but the Difference in the Value of Money, then and now, will be belt afcertained by the Price of Provifions neir this Period. Arr.onz;ft the Petitions there are alio fume, with their Anfvvers, which deferve our Notice. Petitions and ? et ' That the Statutes, made on all Appeals for Anfwers. Things done out of the Realm, fhall be tried before the Conftable and Marfhal of England ; and that all done within the Realm, be tried by the Laws of the Nation. Anf. The Statutes made for that Purpofe fhall be kept. Pet. That Sheriffs, and fuch other Officer?, be not impeached by Procefs out of the Exchequer, for Things not leviable. Votes for Knights of Shires limited to Free- holds of 40 s. fer Annum. Anfw. Of E N G L A N D. m Anfw. The King's Council fhall have Power to de- King Henry VI. termine this Matter. Pet. That all BurgefTes of Parliament may have their Writs to the Sheriff of the fame Shire, to levy their Fees and Wages. Anfw. The King will be advifed. 'Pet. That all fuch Soldiers as pafs thro' the Realm, may pay for their Victuals and Lodging. Anfw. The King will be advifed. Pet. That all Lands, whatfoever, do contribute to the Payment of Knight's Fees coming to Parliament, excepting the Lands of Bifhops, Peers, and Towns who fend Burgeffes. An/w. The fame as before. Complaint being made to the Houfe of Commons, that one William Lake, Servant to William Mildred, one of the Burgeffes for London, was committed to the Fleet on an Execution of Debt ,• he was immediately dif- charged by the Privilege of the Houfe ; and Authority Privilege of Par- given to the Chancellor to appoint certain Perfons, by Hament. Commiffion, to apprehend him after the End of the Parliament. Sir Robert Cotton remarks that no fuch Man, as is here mentioned, can be arrefted in the Time of Parliament, but for Treafon, Felony, or Breach of the Peace. This Parliament being diffolved on the 23d of Fe- bruary i fome Petitions which were not anfwered, were left, as was ufual in thofe Days, to the Determination of the King's Council, Immediately after the Diffolution of this Parlia- ment, the young King Henry fet out for France, at- tended with a great Train of the Englijh Nobility and Gentry ; and arriving foon after at the City of Roan in Normandy^ he made his Abode there all the Summer. And, in November, in the Year 1430, the Hemy crown'd Eighth of his Reign, he was with thegreateii Solemnity Kin s °f France, crowned King of France at Paris. Whilft the young Monarch and his Council were exercifing the regal Power abroad, the Duke of Glo- cejler y who had been left Regent in his Abfence, know- ing the preffing Occafion they had for Men and Money, in order to carry on the French War, was obliged to O z ' call a i a The Parliamentary History King Henry vi. call a Parliament, at home, for that purpofe. Writs were fent out, dated November 7th, and returnable at JVeJlminJler y ihQ 12th of January following. Anno Regn! 9. Being all met in the Painted Chamber , Humphrey a. w 4 i r " a- Duke of Glocefter, called now Guardian or Keeper of At Weftminfter. _, ,,.,- ,. , ~,, . r r> 1 C-. England^ being feated in the Chair of btate, the Com- mons being alfo prefent, commanded William Lin- wood, Dcdtor of Laws, to open the Caufe of the Sum- mons, John Kempe, Archbifhop of York and Chancellor, being abfent by Sicknefs, who took for his Theme, Firmabitur Solium Regni ejus. On this he endeavoured to demonftrate, < That the * King and Kingdom ought to be eftablifhed by a three- * fold Virtue. The firft, by Unity, the next Peace, * and the third by Juftice. Unity he fubdivided into * other three Parts, viz. colleclivam, as in gathering 6 Goods together j the other, cou/iitutivam, as in com- 4 paring the feveral Members of a Man's Body j the 4 third, confentaneam, as in Union of each Body my- * ftical, or politic. Peace, was, alfo, threefold ; Peace * Monaftical, which every Man hath over himfelf ; * Oeconomical, as relating to the Government over c his Houfehold ; and Political, whereby the good Eftate * of the King is beft fecured. And, lailly, Juftice had ' its three Parts ; the firft, every Subject's due Obe- * dience to the Magiftrates ; the fecond, by advifing his ' Neighbours and Equals ; and the laft, in relieving ' the Poor. He concluded with obferving, that the * aforefaid Unity was much broke within the King- * dom by Wbifperers and Mifdoers j from which an * utter Subversion was like to enfue. That it was the * King's full Defire that every Eftate in the Realm * fhould enjoy all their juft Liberties ; and prayed the * Commons to choofe their Speaker, and prefent him * the next Day to the Guardian.' johnTyrrei.Efy; The fame Day the Commons made a Report of their chofen speaker. Speaker, as in the laft Parliament ;' and on January 15th, they prefented John Tyrrel Efq; whofe Excufe being refu fed ; with the accuftomed Proteftanon, he was allowed. The very firft Thing that they went upon in this Parliament, was the Supply ; and a Grant was agreed on, Of ENGLAND. 213 on, of one Tenth and one Fifteenth, and a third of both. King Henry VI. They, alfo, gave Tonnage and Poundage for two Years,with a Subfidy of the like Value on all Merchants.A Subfidy. Aliens, over and above the faid Tonnage and Poun- dage. The Commons, alfo, granted to the King twen- ty Shillings from every Layman holding a Knight's Fee, and according to the Value under or over. The fame from the Clergy for all Lands purchafed fince the 20th Edward I. And that all other Perfons having He- reditaments to the Value of Twenty Pounds, over all Reprifes, not held as above, {hall, alfo, pay Twenty Shillings ; and fo according to Rate. This is another A Lmd-Tax. Inftance of a Tax on Lands and Tenements. An Aft was paffed this Seflion, to empower certain Lords, of the King's own Family, to be Commiffioners for treating of a Peace with the Perfon called here, only, the Dauphin of France. It was ordained, that the King's Council, and o- ther Head Officers, exprefled in the Record, mould have Yearly out of the Exchequer, by way of Reward, fuch Fees as are there particularly mentioned. And, at the fame time Authority was given to the King's Coun- cil, to make Securities to the King's Creditors, for the Loan of 50,000 /. as in the laft Parliament. Several Affairs, relating to private Property, were tranfa<5ted this Seflion : But, only, one is remarkable e- nough for our Purpofe ; fince it made a great Noife at that time, and produced an Act of Parliament, ftill in Force in our Statute- Books. The Cafe was this : A Charge of Baftardy was alledged againft Eleanor the Wife of James Lord Dudley, who claimed the In- Baftardy*} 1 " 2 *" heritance of Edmund Earl of Kent, as being his eldeft Daughter, and a legitimate Iflue, or Mulier, by Con- fiance his Wife ; for the Proof of which, (he had pro- cured a Certificate from the Ordinary. Againft this Claim, the other Daughters of the faid Edmund Earl of Kent prefented a Petition to Parliament, alledging, that the faid Eleanor was a Baftard ; that her Mother Confiance, the late Wife to Thomas Defpenfer, was never married to the faid Earl ; and that the faid Certificate brought ftom the Ordinary, was obtained by Fraud. All this being fully proved, in order to prevent fuch O 3 Proceedings a 1 4 The Parliamentary History King Henry vi. Proceedings Tor the future, an Act was made, * That * in all Pleas, wherein Baftardy is alledged againft any ' Perfon, Party to the (aid Plea, the Judge, or Judges, ' of or in the Courts where the faid Plea is depending, ' fhall certify it to the Chancellor of England, for the c Time being, to the Intent that Proclamation be * made in the faid Chancery, for three Months, once ' in every Month, that all Perfons who have any ' thing to object againft the faid Mulier, or Perfon ' pretending himfelf a legitimate Iffue, may put in ' their Allegations and Objections before any Certifi- ' cate be given by the Bifhops.' An Ac! was, alfo, made to redrefs another Grievance, To Executors of which was, ' That whereas under Colour of Outlaw- Wiiis j < r j eS) f uec j out a g a i n ft certain Perfons, Occafion was c taken to moleft others of the fame Name, and to * feize their Goods and Chattels, efpecially when they ' were dead, becaufe there was no Remedy at Com- * mon Law for Executors to recover fuch Seizures ; ' therefore, it was enacted by this Parliament, in fa- * vour of Executors ; that in Defence of the Teftator's 1 Goods, a Writ called Identitate Nominis, mould be ' granted to them, and mould be as maintainable by ' them as by any other Perfon living.' And Hindrance Complaint being made to the Houfes, that the °h Navi . 6 ? tion by Welchrnen affembled in great Numbers, and being arm'd, did in a riotous and rebellious Manner, intercept and hinder the Boats, Trows, Floats called Drays, carrying Wares and Merchandifes up the River Severn, to Brijlol, Glocejier, Worcejler, and other Places, and broke the faid Veffels, to the End that the Traders might have their Boats and Veffels of them only ; therefore, it was enacted, ' That all the King's Liege People ' fhould have free Paffage upon the faid River, to ' carry their Goods and Chattels as they pleafe, with- ' out any Moleftation from the IVelcb ; and if for the ' future, they any ways molefted them in their Paffage, ' or Traffjck, the Party or Parries aggrieved fhall have 4 their Action at Common Law.' Remarkable Petitions and Anfwers, in this Parlia- ment. Pet. That all Outlawries in Actions perfonal, pro- nounaed Of E N G L A N D. 215 nounced before the Statute of Additions, made the 1 ft of King Henry vj. Henry V. may be pardoned. . Anf. The King will be advifed. Anfwers.*" Pet. That in the Writ of forging of falfe Deeds, the Venire facia may be of both Counties, as well where the Land doth lie, as where the Writ is brought. Anfw. The fame as before. Pet. That the Statute made Anno 8. Henry VI. Cap. 2. touching Denmark, may be utterly void and revoked. Anfw. The King expects to hear from his Ambaf- fador at that Court j and in the mean time will be advifed. Pet. The Commons of Northumberland, Cumber- land, Weflmoreland, and the Bifhoprick of Durham, pray, that the Merchants of Newcaflle, may, at all Times buy, and tranfport their own Wools. Anfw. The King will be advifed. Pet. That Attachments and Prohibitions againft Tythe of great Wood, may be granted to every Per- fon out of either of the Benches. Anfw. The fame. Pet. That two Perfons in every Hundred of the Realm, may by Com million, be appointed to fearch the due making of Woollen Cloths, and to feal the fame, taking One Penny. Anfw. The King will be advifed. In Confideration of 200 /. paid by the Merchants of the Ifle of Ely to certain Perfons of the County of Cambridge, to buyTwenty Marks of Land by theYear ; it is enadted, * That the faid Inhabitants for ever fhall * be difcharged from paying any Thing towards the Fees * of Knights of the Shire for Cambridge/Inn.' We have no Account how long this Parliament fat ; but Hiftorians tell us, that, before the DhTolution of it, Ambafladors came from James King of Scots to the Duke of Glocejler, to defire that a Peace might be con- cluded between the two Nations. But the Duke, not willing to determine fo important a Matter, without the Confent of the People, referred it to the three Im- itates, who, after long Confutation and many De- O \ bates, 1 1 6 The 'Parliamentary History King Henry VI. bates, fettled a Peace with them. Which Peace it was A Peace with tnen thought would long continue, becaufe Scotland the Scots. was fo difturbed by home-bred Divifions, that no Mo- leftation could be expected from that Quarter (k). The young King Hayed no longer in Paris, than till the Noblemen of France and Normandy had paid their Homage to him, after his Coronation ; when he returned for England, landed at Dover, and was met in his Way to London by the Citizens, and conducted to Wejiminjler with great Pomp, Triumph, and many Sorts of Pageantry. Not long after the King's Arrival, the Council thought it neceflary to call another Parliament ; for which Purpofe Writs of Summons were iflued out dated Feb. 25, for one to meet at Wejiminjler, the 1 2th Day of May following. Anno Regni 10. At wn ' c ^ Time being aflembled, in the ufual Cham- 1432. ber within the Palace, the King himfelf on the Throne, At Weftminfter. anc j a ]j f ne L or cl s and Commons attending, John Staf- ford, Bifhop of Bath and Wells, then Chancellor of England, was commanded to open the Caufe of the Summons; which he did in this Manner, taking for his Text thefe Words of St. Peter, Deum timet e, Re- gem honorificate. * On which Words he remarked two Points, the * firft, a general Cour.fel to • Princes, that they might ' learn Knowledge; to obey and ferve God, according * to the Words of the Prophet, Nunc Reges intelligitc, 1 erudimini quijudicatis Terr am, fervite Domino in 77- ' more. The fecond, a Commandment to Subjects ' to learn to obey and honour the Prince, according to * the Saying of the Apoftle, Omnis Anima fublimiori- * bus Pote/latibus fubdita fit, non enim efl Potejlas, &c. ' And again, Reddite omnibus Debita, Tributum cui Tri- * butum efl, csV. * Which Points he learnedly enlarg'd upon, and en- * deavoured to prove by many Examples, Authorities, * and Similitudes, that the King and Realm of Eng- * land might eafily attain to the Heighth of Peace and ' Profperity, if true Fear of God and Honour to the * Prince were in the Hearts of the Subjects ; wherefore * for WhAlL.FoI.CXXI. HOLLINGSHEAD, P. 607. Of ENGLAND. 217 c for the attaining thereto, and fupp re fling fuch Re- King Henry VI, ' bels as defpifed the Rights of the Church, and would * deftroy the Minifters of the fame, was one Caufe for ' the calling this Aflembly* The other was, for the ' due Execution of the Laws, which was Salus cujus- * libet Civitatis et Regni. And the laft was, how to * find Ways and Means to enrich the Subjects, who for ' a long Time had liv'd in great Want and Penury.' He concluded, as ufual, with acquainting them, that the King defired that every Eftate mould enjoy its own due Liberties ; and that the Commons fhould chufe their Speaker, and prefent him the next Day to the King. On the fecond Day of their fitting, the Duke of Glotejler ftood up in the Houfe of Lords and faid, ' That ' he had been informed the Commons had made aDecla- ' ration, that if they could underftand the Lords of the * King's Council intended to ferve in their Station with ' perfect Unity, it would greatly encourage them to ' do their Parts effectually. That he promifed, for * his Part, that although he was Chief Prefident of * the Council, yet he would act nothing without the * Confent of the Majority of them.' This Declara- tion of the Duke's was, the nextDay, made to the Com- mons, by the Chancellor. The Day after, the Commons prefented to the King j hnRuflel,Efij "John Rujply Efq; for their Speaker, who, making the eleaed Speaker, ufual Proreftation, was allow'd of. They, then, with the Confent of the Lords, granted one Tenth and half ASubfiJy. a Fifteenth ; alfo one Year's Subfidy on Wools, and the lame Tonnage and Poundage, as in the laft Parlia- ment. But the King releas'd the Tncreafe of Six-pence on every Pound, laid then on all Merchant Strangers. A great Complaint war made to the Houfes, by the Another Quarrel Cardinal Bifhop of Winchejler, that, he being in Flan- between Cardinal ders, in his Way to Rome, was obliged to return back "of cio?' in or Jer to clear himfelf from a Report that had been cefter. fpread that he was a Traytor to the Realm ; of which, the Duke of Glo'tce/ler, by the King's Command, de- clared him guiltlefs. But Sir Robert Cotton here re- marks, that the true Reafon of the Cardinal's Hidden Return, was, that having feveral of the King's Jew- els ia Pawn, he had order'd them to be lent after him ; Which 2 1 8 The Parliamentary History King Henry vi. which Jewels, by Command from the King, or ra- ther the Duke of G/ouceJIer, were arrefted at Sandwich. This brought the Cardinal back in a mighty Pother ; and it appears by the next Article in the Record, that an Order was taken that the Cardinal fhould pay to the King 6000 /. more for them, and lend to him befides 14000/. which was done accordingly; and then he was allow'd to take them, or leave them behind him, at his Pleafure. The Kingalfo, with the Confent of the other Eftates, granted a Pardon for all Offences, and for all Penalties and Pains incurred by him on the Sta- tute of Pramunire, Thus far Sir Robert ; but another Hiftorian {I) acquaints us, that when the Jewels the Cardinal had in Pawn were feized at Sandwich, he was then in Flanders upon the King's Affairs ; but, on the News of the Seizure, he came over in all hafte to Lon- don, without Leave j which gave the Duke of GIou- tejler Occafion to feize his Baggage. That, on the Day after his Arrival, he went to the Houfe of Lords • and faid, he was come to clear himfelf from the Crimes laid to his Charge, and vindicate his Innocency, againft whoever fhould be his Accufer. That the Duke of Gloucejl.er not thinking it proper to fupport what he had advanced, the Prelate was anfwered, that fince none appeared to accufe him, he was acknowledg'd as a loyal Subject. He thanked the Houfe for this Declaration, and defir'd it might be drawn up in Form ; which was granted. Then he complain'd, that at his Arrival at Sandwich his Baggage was feized ; and petition'd the Reftituiion. He maintained that the Seizure was made without Caufe, and offered to lend the King 6000 /. forfixYeirs; on Condition, that if the Seizure appear- ed to be lawful, the Money lent fhould be forfeited to the King's Ufe. Heoffer'd moreover to lend him the like Sum, and to defer the Demand of the 13000* Mark?, due to him on another Account, provided the Payment of the whole fhould be allign'd out of the next Subfidy granted to. the King. His Aim was to fhew his Regard for the King's and the People's Wants. His Offers were accepted, and the Seizure re- ftor'd. Thus the Duke of Ghucejler, inftead of hurt- ing (!) Rapids H\&. of Er.g. Fol. Edit. p. 334, 335. Of ENGL AND. n 9 ing his Enemy, had the Mortification to fee him re- King Henry Vl. ceive the Applaufes of both Houfes. Mean while this Difcord produced very ill Effects. As the Duke ofGlou- Which termi- cc/ler had Friends and Adherents in the Council, the [J 1 ^*™™ Oppofition, generally between the two Parties, could not but be very prejudicial to the King's Affairs. For, whilft the Duke and the Cardinal thought only of their own private Concerns, the War in France was neglected, though it was more neceffary than ever to fupportit with the greateft Efforts. We have chofe to give this long Quotation from Ra- pin, as it particularly relates to thisDefign, and to fet this Matter in as clear a Light as poffible. The Autho- rities that Author quotes from, are fome Inftruments in the Public Afls, and Cotton's Records. The Read- er may obferve, that the latter differs widely from his Account, efpecially in Regard to the Seizure of the Crown Jewels ; which was made on his going out of the Kingdom, and not on his Return into it. And it is certain, that the Duke of Ghucejier was in the right to prevent the Cardinal from carrying fuch a Treafure over with him into Foreign Parts. However, the Prelate had Intereft enough in this Parliament, to get the Peti- tion from the Commons, made in the laft, again rati- fied ; with the two fubfequent Acts forReftitution, t£c. and all of them exemplified under the Broad Seal (m). But to go on with the other Proceedings of this Par- liament : Some more Matters of lefs Moment occurred ; the principal of which are thefe, The Commons petitioned the King, that the Fees and Wages of the King's Judges, Serjeants, and Attorneys, might be paid, which was ordered accordingly. And by Order of the Houfes, certain Accountants of the King's Houfhold, by Name, were pardoned their Of- fences. On the Petition of Richard Duke of York, Brother to Edwardhte Duke of Tork, and Coufin-German to Edmund late Earl of March, to have Livery of all the Hereditaments belonging to the faid Duke and Earl, by Ordinance of Parliament they were reftdred to him. This (m) Fisd.Ang. Tom. X. p. 5i6,J7> 18, 1.9. For an Inventory of thefe Jewels, with their particular Sorts, Weight, and Value, fee, alio, p. 593, &e. no The Parliamentary History King Henry vi. This was the famous Duke of Tori, who firft began the open Quarrel between the two Houfes. In this Parliament, alfo, as was anciently the Cuftom, the King created the renowned Sir John ComzvalKnght, Baron of Fannhoppe ; there to fit and enjoy the Liberty of a Baron. Petitions and Anfwers. Pet. That the Defendant in an Appeal of Maim Petitions and may make his Attorney. Anfwers. j^ The King will be advifed. Pet. That the Statute, made 7 Hen. IV. Cap. 9. relating to Merchants Strangers may be executed with this Adjunct, viz, Pains and Penalties on the Engfjh Merchants, and Officers of every Town for not execut- ing of it. Anfw, The King will be advifed. Pet. That none be compelled to be examined in Par- liament, or elfewhere, touching his Frank Tenant. Anfw. The fame. Pet. T hat fuch Perfons as fhall have their Goods taken by the Merchants of Hans, in their Parts, may have their Remedy by Action at Law in London, againft the Hans Merchants refiding in that City. AnJ. The fame as before. Pet. That no Merchant or other Perfon be impeach- ed for the Seal of any Cloth, broad or narrow, after Juch Time as the Alnager (n) has fealed the fame, and Cuftom is paid for it. Anf. The fame. Pet. For fpeedy Redrefsof and in all Actions belong- ing to fuch Perfcns, as were Members of the Houfe of Commons. Anf. The fame. Pet. That all Parfonages, appropriated to fome re- ligious Houfe, not endowing of Vicars on the fame, may be within fix Months unappropriated . Anf. As before. A Motion (n) Alnager, Auhmger, in Latin, Ulniger or Vlnatcr, a Meafurer of Cloth by Eli. This Officer was anciently, both Searcher and Meafurcr of Clcth as well as Alnager, and was Collector of the Subfidy granted to the King by the fevcral Statutes ; he had a peculiar Seal to denote the Defidb which each Cloth contained. See Jacob' 'i Latu Di&. Of ENGLAND. 221 A Motion was made, and a Device offered, for the King Henry vi. true making of Gafcoign Wine. Anf. The King will fend this over to the Officers of Guienne, and appoint them to take Order therein. P^/.That Prohibitions and Attachments may be had, upon the Statute of the 45 Ed. III. againft Parfons fuing for Tithe-Wood above the Age of twenty Years. Anf. The Statutes, to that purpofe provided, {hall be obferved. At the Petition of the Houfe of Commons, the King releafed utterly, on account of certain Doubts, the Subfidy granted in the laft Parliament on Lands and Tenements, fo as it never fhould be mentioned again. Jp^hfund^" This looks as if all Parties were afhamed of fuch an Tax. uncommon Impofition on the Subject in thole Days ; tho' it is now no Novelty, and will continue, we fear, to be as immutable as Fate. The French War had, about this Time, run greatly againft the Intereft of the Englijh in that Kingdom ; and, in the eleventh Year of this King, another Parliament was called, by Writs dated May 24, to meet at Weft- Anno Regni «, minjler on the 8th of July following. Being all aflem- r 433« bled, before the King, in the Painted Chamber of the AtWeftmi,lfter ' Palace, the Dukes of Bedford and Glocejler, both of them prefent ; the fame Chancellor, as in the laft Parliament, declared the Caufe of the Summons, and took for his Theme, Sufcipiant Montes Pacem Populo, et Colles Juf- ticiam. * This Subject, he divided into three Parts, accord- * ing to the three Eftates cf the Realm ; by the Moun- * tains, he underftood Bifhops, Lords and Magiftrates ; * by the lefler Hills, he meant Knights, Efquires, and * Merchants ; by the People, he meant Hufbandmen, * Artificers and Labourers. To which three Eftates he ' endeavoured to prove, by many Examples and Au- * thorities, that a triple political Vertue ought to be- ' long; to the firft, Unity, Peace and Concord, with - 1 out Diffimulation; to the fecond, Equity, Confidera- * tion and upright Juftice, without Partiality ; to the 8 laft, a due Obedience to the King, his Laws and Ma- ' giftrates, without grudging. By ftriftly obfervingof ' all which, he affirmed, that infinite Bleflings and great Acqui- q.0.2 The Tarliamentary History King Henry VI. ' Acquisitions would accrue to the Nation ; and that this ' very Afiembly was called as a Means for that Purpofe. ' Wherefore he enjoined the Commons to make Choice ' of their Speaker, and prefent him to the Kingas ufual'. The Receivers and Tryers of Petitions being appoint- ed, for the different Kingdoms and Countries under Ro erHunt Ef the Dominion of the Englijh King, as was in thofe chofcn Speaker. ' Days the conftant Cuftom of Parliament, on the 1 1 th, of July the Commons prefented Roger Hunt, Efq; for their Speaker; who with the ufual Ceremony, was allowed. The 13th Day, the Duke of Bedford rofe up before the King, in the Houfe of Lords, and faid * That for ' two efpecial Caufes he had come into the King's Pre- * fence, and left hisCharge beyond Sea : The one was for * the Safeguard of the King's Perfon ; and the other, to * clear himfelf from fome Slanders whieh were caft up- ' on him, as that he had been the Oocafion of the late * great Lofles in France and Namandy^ by his Default ' and Negligence ; and offered to take his Tryal for the ' fame'. On which the Chancellor, by the King's Command, declared ' That his Majeily took him for his ' true and faithful Subject, and moil dear Uncle ; and, * for his coming, at that Time, gave him moft hearty * Thanks'. After this Parliament had fat a Month, the Plague began to break out in London; therefore, the Chancellor, by the King's Commands, called them all before him ; gave them Thanks for their Attendance ; and, on the 13th, of Augujl prorogued the Parliament to the fif- teenth Day after St. Michael^ enfuing, at Weft- minjler. But, becaufe the King's Occasions for Mo- ney were very urgent, and could not flay till the next Seffion, it w;iS ordained, that the Treafurer of England fhould keep in his Hands 2000 /. for the Service of the Houfliold/ It is to be fuppofed that this Parliament met again at the Time appointed, but we hear no more of their Tranfadticns 'till the third Day of November; when the Speaker of the Houfe of Commons came before the King, in the other Houfe, and (hewed to his Majefty a Precedent, in the Reign of King Edivard_ II. whereby thai O/ENGLAND, 223 that King commanded the Bifhops and Clergy, to pro- ^s Henry vi. nounce Sentence of Excommunication againft certain Offenders at that Time. The Speaker then defired his Majefty to act in the fame Manner, and caufe the Clergy to excommunicate fome that were then culpa- ble. But, all that was done in this Affair, was, that the King took the Precedent, and promis'd to be advifed. At the fame Time the Speaker prefented to the King and Lords one Article, amongft others, in an Ordinance of Parliament, made in the 8th of this Reign, where- by, it was eftablifhed, That no Nobleman, nor other Perfon, fhould retain in his Service any Offender againft the Law, or maintain any Title or Quarrel. Which Article, all the Bifhops and Lords, there prefent, were fworn to obferve. And, fome Days after, the King commanded the Duke of Bedford to goto the Houfe of Commons, and fwear all the Members to perform the The whole Na- Articleaforefaid, which he did accordingly. donfwomto the And it was alfo enacted, by general Content, That all A ^ll^a° thc the Lords, Knights, Efquires, Yeomen and other Quarrels. Perfons throughout the Realm! fhould, by fpecial Commiffions, be fworn to perform the faid Articles. This Act, or Ordinance, feems calculated to prevent the evil Effect of the then mortal Quarrel, between the Cardinal B fhop of Winchefler and the Duke of Glo- cejler. November 24, the Commons came again before the King and Lords, and by their Speaker complimented D "ke of Bedford the Duke of Bedford, on his warlike Behaviour and^|J^^ ,ance notable Deeds done in France ; and particularly, for his Thanks of the Conduct in the Battle of Vernoyl, Befides, they com- Commons, mended him for his politic Government in the Regency of that Kingdom ; and for which they defired the King to infift upon the faid Duke's perfonal Attendance about him ; and, after fome Confultation amongft the Lords, the Duke, at his Majefty's Requeft, accepted the Office. But at the fame Time he required, that fix Articles might be agreed to by Parliament, relating to the Go- vernment, which was granted. And by thefe Articles, which the Abridger remarks, were all very reafonable, the Duke of Bedford recover'd fome Part of the Preroga- tive which the Duke of Glocefler had loft, thro' the malicious 224 The Parliamentary History King Henry VI. malicious Intriegues of the Cardinal and the Clergy, who were his fworn Enemies. After this the Duke of Bed- ford took occafion to declare before the Parliament, That whereas he, and the Duke oiGloceJler\ for their Attendance as principal Counfellors, or Prefidents of the Council, had fome Years an Allowance made . them of 8000 Marks Yearly ; at other Times 6000 him. aarySra " C Marks, fometimes5COO,but never lei's than 4000 Marks Yearly, he would now, for his perfonal Attendance, only require an Allowance of 1000/. a Year, and 500/. for pafling the Sea into France, or repafling it, as oft as there was occafion. Which Demand, being thought very reafcnable by both the Houies, was readily grant- ed. The Subfidy granted by this Parliament, was a Tenth ASubfidy ; and a Fifteenth, to be levied on the Laity. They like- wife granted the fame Tonnage and Poundage as was given the kit Year, for two Years to come ; as, alfo, a Subfidy of 53 s. and 4 d. on every Sack of Wool for three Years eniuing. Authority was aifo given to the King's Council, to enter into Securities for 100,000 Marks for the prefent Occafions of the Government. A Vote of Credit, which, the Reader may obferve, has And a Vote of ^ een more frequent in this Reign than in any preceeding Credit. one. An Hiitorian remarks, but erroneoufly, on the Proceedings of this Parliament, that no Taxes were given the King by it. ' Perhaps, adds he, it was be- ' caufetheDutyof Tonnage and Poundage, which was ? given this King in his third Year was ftill continued. * And, whereas, before they were granted for certain Cuftoms fi ft f ' Years only, they were now indefinitely given him culled. 'for the Service of the War ; and from thence, as ' Stow favs, they received the Name of Cuftoms ; ' i. e. ufual and conftant Payments (o),' A Petition of Thomas Langiey, then Bifhop of Dur- ham, was preferred to the Houfe of Lorus, fetting forth, 'That whereas thcKing had granted aCommiffion * to certain Perfons, there named, and they by virtue ' thereof fat and made Enquiry at Horton Pool, within ' the County- Palatine of Durham ;' be therefore prayed that the laid Commifiion might be revoked. Hereupon Sir UAUiam Earl Knight, the King's Atorney Gene- ral, (0) Dtir.iet in Ksnnet, P. 372. 0/ E N G L A N D. 225 ral, very learnedly endeavoured to prove 'That the King Henry vi. * faid Bifhop ought to have no County Palath.e, nor ' Liberties Royal'. On the contrary, the Bifhop pro- duced his Authorities to prove his Right, and the Mat- The Liberties of ter was ftrenuoufly debated between them. At M^oTdItI^] Judgment was given for the Bifhop, and the laid In-.afcertained by quifition returned into Chancery, or elfewhere, was Parliamcnt » declared null and void. The Abridger remarks, that the Record of this Matter is very long, and fhews the Ful-' nefs of Power in the Liberties of this County Pala- tine. Ralph LordCromwel, High Treafurer of England, pe- titioned the Parliament, that they would take into Con- iideration the State of the Revenues of the Crown and the Difburfements, the faid Revenue being not able to fupply the Expence by 35,000 /. Yearly ; wherefore he prayed, that Order might be taken for the King's Houf- hold ; that he may enjoy the Office as freely as others before him; and that no Grant be palled by the King without the Knowledge of him the faid Treafurer. He alfo, by three long Schedules annexed, fhewed the Par- ticulars of the whole Revenues and Profits of the Crown, with the Charge out of the fame in all Ways and Means. This was thought proper to be laid before the Commons, and all the Requefts aforefaid were granted. The faid Lord Cromivel by another Petition, alfo, fhew- ed, that Warrants for Payments were come to him for more than two Years Profits of the Crown ; wherefore, he dcfired, that the Confideration of the King's Eftate might be fpeedy, and that a Prefcription for his Payment fhould be made. In the Statutes at Large are feveral Acts made this Parliament, on the Petitions of the Commons, very Afts 6 , d< conducive to the publick Good. There are likewile fome more Petitions, on. Private Properties, in the Abridgement, not anfwering this Purpofe. Some of the moil remarkable Acts, 'we think proper to give an Abftract of, are as follows. I. It was provided by an Act, * That fuch Perfons as were Keepers of the' Steius or JVkore- Houfes in Souths zvark, fhould not be impannelfd upon any Jury, nor keep an Inn or Tavern in any other Places, leaft Men Vol. II. ■" P ~of 116 The 'Parliament my History King Henry VI. f fuch vile Confciences and Practices fhould corrupt Juftice, and propigate their Villanies over the Na- tion/ II. It was enacted, * That even Diffeifors fhould not be put out of Pofleflion by any Collufive Tricks of Law, as was then ufual, by making the Sheriff the Dif- leifor, and then entring upon the Lands for the Defauk of the Tenant's not anfwering :' Wherefore it was or- dain'd', 'That all fuch Writs (hall be abated and quafh- edY And III. In the Behalf of the Perfon difleifed wrongfully of h : s Lands, whereas before the Law was, that the piiTeifee might fue the Diffeiibr.in his Life-time, if he took the Profits at the Time of ;he Suit commenced, which to avoid,, the DdTeiibrs made over the Land by Feoffments to others, and ib avoided the Suit : Where- upon it was enacted, * That the Differ r ees mould have their Action as well again ft the Feoffee, as Diffeifor himfelf, if cither of them take the Profits of the Land.' . IV. And becaufe divers Tenants of Lands lor Term of Life mi Years, made over the faid Lands to other Under- Tenants, to the end that they might not be lia- ble to Wils of Wade, for the Damage's done upon the faid Lands by their Order and Connivance before the Grant of the laid Leafe.s; I: v/ashefeupen enacted, 'That the Tenant in Reyc.rfion might have his Action againft the Tenant for Life or Years, for the Damages done, as well before as after the Lcafe made to any Under- Tcnants, and recover treble Damages for the faid Wafte, provided tru:t it Were prov'd, that the faid Fir ft -Tenants took the Profits of. the Land to their own proper U.'e at the Time of the Wafre done.' V. Whereas dives SluIs and Indictments, as well for the King p his 'Subject!, were diiconiinu'd by mak- ing of new Cc;n:;ii!]ions for the Peace, to the great De- lay of Juilice, Ina Wrcng of the Subjects, it was en- ailed, ' That' no Picas, orProcelles mould be difconti- nu'd by any new Com miff ons, but the Juft'ices lb made, fhould have rower and Authority to continue all Pleas depending, and determine the fame.' V{. An Ahufe alio being crept into the Nation about Meafufes contrary to the Statutes j and Purveyors, Bak- ers, Of E N G L A N D. n 7 ers, Merchants, and Buyers of Corn, taking Nine Kift s Henry VI « Bufhels for the Quarter; it was enacled, * That the Statutes for Weights and Meafures fhould be proc! * Circumfpection of Things prefent, and Prudence in * Things to come. Oa the Right Hand ought to be. * Fortitude, accompanied with Courage in attempt- 1 ing, Patience in fuffering, and Per fevt ranee in well* 4 meaning. On the Left Side ought to be Juftice, di- * -ftributing her Arms three Ways, to the belt, mean, c and loweft. On the Hinaer-Part ought to be Tern*.; 1 psrance with her Trinity, viz. Reltra nt of Senfuality ' in Fear, Silence in Speech, and Mortification in * Will: All which.* proceeding from God, fully prov'd * that the Crown of the King was in the Hand of God. He concluded with declaring, * That this Parlia- * ment was called for three principal Caufes ; the firft, ' for Juftice and Peace amongft Subjects ; the fecond, ' how the Commodities growing within this Realm * might have a ready Vent ; the third, how the Realm * might be defended, and the Sea kept againft Enemies * and Rebels. To which End, he defired the Com- 4 mons to chufe their Speaker, and prefent him the * next Day to the King. The Receivers and Tryers of Petitions for England, and all other Parts of the King's Dominion-, being ap- ■ pointed, according to ancient Cuftom, the Commons Knt.SpMker 2 '* prefented Sir John Tirrei, Knight, to be their Speak-faiiing sick, er, whofe Excufe being refufed, he, with the common^ 111 '"" 1 BeerI /> Proteftation, was allowed. But, March line 19th, aStead. Committee of Commons was fent to the King, declar- ing that their Houfe had newly chofen William Beer- ly, Efq, to be their Speaker, in the Room of Sir John "Tirrel, dilabled from attending by grievous Sickneis, which IVuliam wasallow'dby the King under theulual Proteftation. The Subfidies eranted by this Parliament were the like Tenth and Fifteenth., as in the lalt. Alio, the lame Subridies S ranted - Subfidy on Wools, £3Y. was granted for three Years to come. Authority was likewife given to the King's Council, to make Affurances to the King's Creditors, for the Sum of 100,000 /. And by the fame Autho- rity, i^i The Parliamentary History King Henry VI. rity, the Treafurer of England was to pay to the Car- dinal Bifhop of Winchejler 2000 Marks. The important Town of Calais was, at this Time, befieged by the Duke of Burgundy in Perfon, and a nu- merous Army. On this, the Duke of Glocejler, Cap- tain or Governor of the faid Town, petitioned this Parliament, that if any Misfortune mould happen to his Charge, for Want of Payment of the Soldiers in that Garnfon, the fame might not be imputed to his Mifconduct. However, Hiftory informs us, that the Duke oiGljCefter went over in Perfon, with an Army, to the Relief of that Town ; on whofe Arrival, the Flemings, under the Duke of Burgundy, rais'd the Siege, and fled away fhamefully for fear of a Battle. The particular Acts that- were made this Seffion Aflspafs'd. were, firft, * A Remedy was provided againft vexatious and troublefome Suits of f uch Perfons, as were not of the King's Houfhold, in the Court of Stewards and Mar- {halsof the King's Houfe ; and it was allowed as an Exemption from their Jurifdiction to plead and aver, that they are not of the King's Houfe.' Second, ' An Allowance was given to all the King's Subjects of England to tranfport Corn, when at a low Price, out of the Realm, viz. Wheat at fix Shillings and eight Pence, and Barley at three Shillings and four Pence the Quarter.' Third, * An Injunction to all Sheriffs, Bailiffs of Fran- chifes, and Coroners, that in Actions, or Writs of At- taint of Plea for Lands, of the yearly Value of forty Pounds, they do not return nor impannel any Perfons but fuch as be inhabiting in his Bailiwick, and have an Eftate to their own Ufe, in Lands and Tenements, to the yearly Value of twenty Pounds or more, on the Penalty of forfeiting ten Pounds to the King, and ten Pounds to the Plaintiffs in the faid Action or Writs of Attaint ; and that no Perfon of lefs Sufficiency of Free- hold than twenty Pounds a Year, fhall be fworn in the King's Court upon any Iflue in the faid Actions, if he be by the Plaintiffs in due Form challenged.' Fourth, ' A Permiflion was given to all Perfons, as well Religious: as Secular, to appoint themfelves General Attorneys 0/ E N G L A N D. 233 Attorneys to fue or plead for them, in every Hundred or King Henry v Wapontake.' And, Fifth, ' A Prohibition was laid upon all Merchants, to (hip or caufe to be (hipped any Wool, Wool- Fells, or other Merchandizes belonging to the Staple, in any Place within this Realm, except at the Keys and Wharfs aflign'd by the Statute, where the King's Weights and Wools are fet ; excepting the Merchants of Genoa (r), Venice, Tufcany, Florence, Catalonia, and the BurgefTes of Berwick. Some Petitions, alfo, of a mote publick Concern than ordinary, may not be improper to take Notice of, as, On a Petition of Humphrey, Duke of Ghcejler, and Dame Eleanor his Wife, the King granted his Letters Petitions in Par- Patents, confirmed by this Parliament, giving Licence liament « to the faid Duke to impark 200 Acres of Land in Green- wich, and that they may embattle their Manor- Houfe there, and build it with Stone j alfo to raife a Tower of Stone within the faid Park. John, Earl of Oxford, petition'd for a Pardon for 300 /. the Remainder of a Fine of 3000/. paid to the King for marrying without Licence. It was anfwered, .that the laid Debt was aflign'd over, but that the King would remember him fome other Way. Sir Richard Woodville, Knight, paid to the King 1000/. as a Fine for marrying Jaquet, or "Jaqueline, Dutchefs of Bedford, without Licence. This Foreign Lady fhew'd as little Continence in her Widowhood, as Queen Catherine had done ; being quickly married again to the aforefaid brisk young Knight, afterwards created Earl of Rivers, by whom (he had leveral Chil- dren ; and amongft them the Lady Elizabeth, who, being Wife to King Edward the Fourth, was after- wards Queen of England. About this Time died Catherine (s), Queen of Eng- /d«i,Mother to Henry VI. and it being notified to the King inParliament, that his Mother had made him fole Executor to her Will, the King appointed Robert Ral- Jlon, (r) In the old Statute, this City of Genoa is always wrote Jean, (s) She died Jan, z x 14-36 -7, at BenrtQtidfca, and was buried at Wejiminfter. 234 Ito 'Parliamentary Histoiy King Henry v\. ft ** Clerk, Keeper of the great Wardrobe, John Merjion and Richard Alrccd, E:qrs. to execute the laid Queai's Will ; under the Direction of the Cardinal, the Duke of Glocejler, and the Bifhop of Lincoln, or any two of them to whom they mould account. On the Petition of Ifaicl, late Wife of John Bote- ler, of Beanfly, in the County of Lancafier, Knight, ■which Ifabel, one William Pull, of Winall, in the County of Chejler, Gentleman, fhamefuliy did ravifh ; it was enacted, That if the laid. William do not furren- der himfelf, after Proclamation made againtl him, that he Ihould be taken as a Tray tor attainted. The faid IfabsU by another Petition, mewed how the faid William, by Durefs and Meansof Imprifonmcnt, enforced her -■»<■ ' to marry him, and under Colour thereof, ravim'd her ; for -which fhe prayed to have her Appeal, which was granted. a general Par- The laft Things we find' on the Record, transacted don « this Parliament, was the King's general Pardon of all Treafons, Felonies, Forfeitures, and other Offences ; hut this does not appear in the Statu te-Books. And Authority was given to the Lords of the Gxmcil, to anfwer all fuch Petitions as were not anfwered in this Parliament. We have now a Cowrie of three Years before we meet with another Parliament ; during which Time our larger EngliJJ) Hi dorian s are very full in their Defciip- tionsof the French War, and the various Effects of it to both Nations. But in the Year 1439, the Engl;/}) Government wanting frefh Supplies, a Parliament was fummon'd, to meet on the Morrow after the Feartof St Martin, or November 1 2th, at Wejlminfler. At which Time and Place being all aiiembled, the AnnoRegni i%. Biftop of Bath and Wells lti'll Chancellor, was com- At wffinftcr. manded by the King to open the Seihon by a Speech, who took for his Subject this Text from Matthew ii. Adapcriat Dominus Cor no fir urn in Lege /ltd, et in Pra- ceptis fuis, et facial Pacem, &c. From which Words he ehdeavour'd to draw two cipecial Points ; the firft, * What great Defire every Chriftian ought to have to * the Reformation of his Life, by the only Means of ' God ; who, againit all Hardneis was 10 bend, and to incline Of E N G L A N D. i 5S 1 incline his Heart to God's Laws and Commandments. King Hen , 7 VIf * The fecond, what Thirft every lick Cbriflian ought 4 to have, to crave and feek Peace, after his manifold * Conflicts and Battles in this World. « As to the firft, that God mould open the Heart, ' and not the Hearts, fince the Words were ipoken ' to the Children of Ifrael ; he noted that thereby was ' meant a myftical Unity, according to thefe Words ' in Judges ii. Convent univerfus Ifrael ad CiviUitem f quafi Homo unus, tadetn Meiite, unoque Cojifilio. * Which being fpoken to them, was left for our ' Learning, that we might follow the fame, and might ' attain to true Peace. ' To the fecond, By tfeis Word Ifrael is underftood 6 their States, namely, of Princes, of Nobles, of ' Power and of Wifdom; all which, if they the fame ' agreed in Unity, there was no doubt bat Peace of s Body and Soul would enfue. ' For the Reftoring of which, he told thern,;that this ' Parliament was called ; remembring them, that the < King would have all Eftates enjoy their Liberties ; * then defired the Commons to chafe, and the nexl * Day prefent their Speaker to the King.' This formal Prelate having .ended his Spiritual Ha- „,.„. _ , . r\ i r° r William Tief- rangue, the next Day the Commons preiented to the ham, Efq ; King William Trejham Efq; who with she ufual Solem- Speaker. ' nity was allowed. The Subfidies granted, by this Parliament, were a Tenth ^ and a Fifteenth ; and half a Fifteenth was grant- ed to be levied of the Laity, in, fuch Form as was in the Su lies granted fourth Year of this King.- An Import on Wools was alfo granted for three Years, as Anno 14. Hen. VI. The Commons alfo, granted to the King, that all Aliens, not Denizens, within the Realm, fhould pay to the King Yearly, Sixteen Pence for each, being an Houfe- keeper ; being none, Six Pence. The fame Authority was alfo given to the Treafurer of England^ andothers, to make Securities for 1 00,000 /. as in former Parliaments. An Order was alfo taken for the Payment of the King's Debts, contracted for the Provifions of his Houfhold. December, 2 3 6 The Parliamentary History King Henry vi. December, 21, the Chancellor by the King's Com- mand declared to the Lords and Commons, that the The Parliament King nad prorogued the Parliament i'rom that Day unto Prorogued to the Day after St. Hilary next coming, to be hoiden at Reading. Reading. There were no lefs than Nineteen Statutes made in this Parliament, tho' how long it fat at both Places, is uncertain. The moft remaikable of which. Ads are thefe, A&spafs'd. I. * That Cheefe and Butter maybe carried out of the Kingdom without Licence.' II. c That Merchant Strangersfhall not fell their Mer- chandizes one to another in England, but that every fuch Merchant fhall have an Holt or Surveyor, ap- pointed him at his landing, by the Chief Officer of the Town or Place where he fhall land, who fhall keep a Regifter of all he buys and fells, and take two Pence in the Pound of him for all Merchandize by him bought or fold, and the faid Merchants fhall fell and buy all within eight Months.' III. ' That aliPerfons, made Juftices of the Peace, fhould have Lands and Tenements to the Value of twenty Pounds a Year, except in Cities and Corpora- tions.' The Reafon affigned for this Statute was then, as it has very lately been thought proper, becaufe that ibme Perlbns had been appointed Juftices, who, on account of their Mtannefs and Incapacity could not govern or direct: the People ; whilft others, by rea- ibn of their Neceffities, committed great Extortions andOppreflions. IV. 4 That no Captain fhall detain the Wages of Common Soldiers, except it be for their Clothing, un- der the Penalty of twenty Pounds for every Spear, and ten Pounds for a Bow ; to be paid to the Kingf/).' V. * That every Perfon muttering and receiving the King's Wages, who fhall depart from their Captains and the King's Service, without apparent Licence granted ihem.by the faid Captains^ fhall be punifhed as Felons.' VII. f That no Perfon fhall be a Condor of Difmes and Shiinzimes, [Tenths and Fifteenths, ]\n any Coun- {() Statute 18 Hen. VI. Chap. \%. Of E N G L A N D. 137 ty, who is fo in the City of the fame ; except he be ^"S Heni 7 VI able to difper.d, in Lards and Tenements, in the faid County ,an Hundred Shillings a Year, over and above all Charges and Repriies.' There are, alio, many Petitions on Private Affairs, which are „ not worth Notice ; the mo'ft publick from the Commons, with their Anfwers, are as follows: Pet. That no Perfon once making Fine for not being Knighted, be ever again called fork; and that the Petitlons « Fines be no other than ufual. Anfw. The King will beadvifed. Pet. That every Merchant may lawfully tranfport all manner of Hides, Calf-fkins, Long- Fells and Tal- low, to what Place he liketh, ' befides to Calais. Anfw. The King will be advited. Pet. That no Owner of any Ship be impeached for any Hurt done by his Ship to a: y other Ship on the Sea, or in Port, or Creek, if he was not a Party, thereto. Anfw. The fame as before. Pet. That every Collector of Cuftoms, and Comp- trollers of every port, may licence the King's Subjects to tranfport Corn from one Shire or Town, to another, taking Surety of Debt, to the Value, that the fame be not carried beyond Sea. Anfw. As before. Pet. That no Italian, or other Merchant, beyond the Streights of Morocco, [now Gibralter^ bring any Merchandize into the Realm, but fuch as is the Pro- duce, of their own Countries' j for very good Reafons mentioned in the Record. Anjiv. The fame as above. Pet. That all Spice-ties fold in any Port within the Realm, by any Merchants Strangers, be as clear gar- belled as the fime is in Loudon. A/fw. The King will be advifed. An Act was made this Seffion that the fourth Part of the Tatb ana" Fifteenth {hall be paid to the Treafurer of the King's Koufnold, in order to make ready Pay- ment for the King's Purveyance. And, by the uid Act it appeal-, the Revenues of the Dutchies of Lancajler and Comvjal were alfo appropriated to- that U-'e. | On the Petition of the Judges it was enacted, \ That all the £j 8 The Parliamentary History King Henry vi. the juftj ces f both Benches Juftices of Affize, the King's Serjeant and Attorney, {hall yearly, at two Feafts of the Year then expreffed, be paid, and allow- ed their Fees and Liveries, by the Hands of the Clerk of the Hanaper, for the Time being, out of the Cuf- toms of London, Brijhl, and King/Ion upon Hull. The Archbifhop of Roan, Cardinal Luxemburg (//), to whom the Pope at the Death of the Bifhop of Ely, had granted to the faid Archbifhop, during his Life, all the Profits of the faid Bifhoprick, by the Name of Ad- rniniftrator, fhew'd his Bull to the King, who utterly rejeeled it. Notwithstanding, for his Services done in France, the King makes him a Grant of the Ad m initia- tion aforefa id. So ftri&ly was the Statute of Pramu- nir*t fo often mentioned, adhered to in thofe Days. The lafL Thing that we think proper to take Notice of among the T ran factions of this Parliament, is, that in Confederation of the great Plague of Peftilence, fo called, it was enacf ed, ' That all fuch Perfons as fhould do Homage to the King, fhould do the fame without kifs- inghim ; and the fame Homage to be as good as though the Kifs wasgiven.' On which WilliamPrynne makes this wife Remark, 'That, by this it appears that the Cuftom • of Homage done in thole Times doth greatly vary * from the prefent Ceremony ; for now they are fo far ' from killing the King, that they do not fo much as 4 fee him.' In the 20th Year of this King, another Parliament was called by Writ, to mtttztlVeJlmin/hr,on the Feaft of Anno Regni 20. tne Converfion of St. Paul, but no morethan the Names 1442. of the Peeis, fo Summoned, is given in the Abridg- AtWeamia{ier - meut of the Records zboxxt it. But, in the Statutes at large, there are thirteen A&s faid to be made in this Par- liament ; yet, none of them being particular, we muft refer the very curious Enquirer to the Statute- Book a- forelaid for them (#). And, it was not 'till three Years after (u) Collier' t Eccles. Wjl. Vol. I. P. 668. •\x) One of them feems to be well calculated for the publick Good, viz. That no Ofncer of the Cuftoms, or Searcher, fhall have a Ship of his run, ufe Merchandize, keep a Wharf or Inn, or be a Factor $ in order to avoid the many Frauds that would naturally enfue from thence, Cbap. ;'. Mr. Daniel has wholly omitted this Parliament, Of ENGLAND. ^9 after this Period, that we meet with any Account of King Henry VI. a Parliament, when Writs were"' ifiued out, dated at Wejlminfter, 'January 13. for one to meet at the fame Place ori the 25th of Fcburary following. In Pretence of the King fitting in Perion in his Chair of State, and of the Lords and Commons, John S taf-*** f *&•**• ford late Bifhop of Bath and Wells, but now Arch- Ac Weftmbfter. bifhop of Canterbury, Primate of all England, Deputy to the See of Rome, and Chancellor of England, de- clared the Caufe of calling this Parliament, and took for his Subject thefe Words from Pjalm Ixxxiv. J njl it i a & Pax ofculata funt. On which he told them, ■ That thro' the great Di- £ ligence and Conduct of the Earl of Suffolk, the King's * dear Coufin, and other Noblemen, fent as EmbafTadors The King's * into France, as well upon a Treaty of Marriage to Ma »iagenotifi- 4 be had between the King and Margaret, Daughter ed ' ' to the King of Sicily, as for to fettle a Peace between * England and France, the fa id Marriage was contract - * ed ; and a Sufpenfion of Arms, for a Time, was grant- ' ed. He further laid, that the fa id Earl ftaid in France * for the fafe Conduct of the faid Princefs Margaret in- ' to the Realm of England, by which two Means he ' nothing doubted, but that- thro' God's Grace, the ' faid Truce would end ib well that Juftice and Peace 4 mould be within this Nation more than it had been/ He then bid the Commons chafe and prefent their Speaker to the King. On the fecond Day of this Parliament the Commons notified to the Lords, that they had chofen their Speak- William Burgh* er; and the next Day they presented William Burghley, le i Ef i» Speak- Efq; to the King, whole Excufe being rejected, he was allowed as Speaker, under the Common Protec- tion . ThisSefiion, we find, by the. Record, was continu- ed to March -he 15th, but no Notice taken of any more Bulkels done in it ; when the Chancellor^ by the King's Com man. i, with -the-Allent of the Lords, and i.i the Prefence . of the Commons, prorogued the Parliament from thw: Day to the 19th of Jpri I next etrfuni<** at Wejhmnjler afovefaid. This. Prorogation we mayiuppofc was/dellrwd to give 24° Tfoe Parliamentary History King Henry vi. give Time for the new Queen to arrive, who came into England, under the Conduct of the Earl of Suffolk, about the Beginning of April this Year, and was crowned at IVeJlminfter, the 30th of the fame The new Queen Month, with the ufual Solemnity and Ceremonies. Crown'd. This Lady was the Daughter of Reyner, Duke of Anjou, and titular King of Sicily, Naples and Jerufa- lem ; Great Names, indeed ! but they brought the Duke neither Profit, nor Authority. The Match was firft. propounded by the Earl of Suffolk, at that Time fent as one of Henry's EmbafYadors to treat about a Peace with the French King. And, tho' fhe brought no Fortune with her, yet it was believed it would prove an effectual Means of uniting the Minds of the two contending Princes. For fhe, being a near Relation to the King of France, might prove the Foundation of a firm Peace; which would fave England more Treafure than the greatefl Prince in the World could give with his Daughter (y). Thefe were the apparent Motives that induced the Earl of Suffolk to exceed his Commiflion ; and, with- out his Matter's Knowledge, not only to contract him in Marriage, but to undertake, inftead of receiving a Portion with the Lady, that the Dutchy of Anjou, with the whole Province of Main, then in the Hands of the Englifb, mould be given up to her Father. Though the Earl of Suffolk was more zealous than cautious in this Affair, yet knowing well his Mailer Henry's natural Mildnefsand Difpofition for Peace, he ventured to take , ... this extraordinary Step ; which, though at firft was well relifhed in England, both by King and People, yet, in the End, proved very detrimental to the Eng- li/b Intereft, and was the Occafion of Suffolk's own De- ftrudlion. (y) Polydore Vergil, gives this Princefs the following high Character ; Puellam tarn ultra alias Faminqs pulcbram quam prudent em, ac Animo pra- ter Naturam Sexus pra-ditamingenti, quod ejus Res gefiar quas fuo Ordine vtemorabimus perfpicue declararunt. Polyd.Verg. Lib. XXIU. P. 491. Another Foreigner complements his Country- Woman in a loftier Strain j L'Angleterre «' avoit point encore vue de Reine plus digne du Trone que Marguerite d' Anjou. NulleFemme ne la furpajfoit en Beautc, & p:u d' Hommcs Vegalloient en Courage. Jlfembloit que le del V eut formee a £>ej\. fein de fuppleer a ce qui manquoit a fon Mari pour etre un grand Roi, &c. D'OmzAKsHrJ!. de RevoLV Anglcterre Tom. II. P. 196. Of E N G L A N D. 241 ftrudtion. What Notice was taken of thefe primary King Henry VI. Affairs, in Parliament, the Confequence will mew. This Parliament being again afiembled on the ig'.h of April, according to the Prorogation, the firft Thing we find entered upon the Record, is the Grant of a Sub- fidy of a Tenth and a Fifteenth, and half a Tenth and half a A Subfidy, Fifteenth, referving out of it 5000/. to be allowed to certain poor Towns, there named, which were wafted. A Subfidy on Wools, alfo, of 34. s. 4 d. of Denifens, and 53 s. of Aliens, for every Sack of Wool, &c. with Tonnage and Poundage of Denifens, and double of Aliens, was granted to the King for four Years. The next Thing the Parliament did was to take in- to Confideration the Affair of the Peace with France ; and we find that the Chancellor of England, in the Pre- fence of the King and whole Parliament, made a Pro- teftation, * That the Peace which the King had made ' with the French King, or rather was about to make, ' was meerly of his own Motion and Will ; 2nd that * he was not inftigated thereto by himfelf, or any of the ' Lords whatfover.' Which Proteft was enrolled. On this, it was enacted, by the Authority aforefaid,. . , * That the Statute made in the Reign of Henry V. im- Fran ceT ' porting, That no Peace fhould be made with the French ' King that now is, and was then called the Dauphin * of France, without the AfTentof the three Eftatesof 4 both Realms, fhould be utterly repealed and revoked. * And that no Perfon, whatfcever, fhould be impeach'd ' at any Time to come, for giving Counfel to bring ' about this Peace with France. ' This extraordinary Act, which by the bye, is not in- ferred in the Statutes of this Parliament, feems to have been calculated for a Compliment to the Earl of Suffolk, now made a Marquefs for this Piece of Service, and to indemnify him from any further Trouble about the Match. We are told, by the Records, that on the fecond Day of June the Marquefs came into the Houfe, and made a Declaration of his Services to the King, Lords and Commons, and his Requefl was, that they would judge all he had done to be reafonable andjuft. That on the 4th of June, the Speaker of the Houfe of Commons came before the King and Cords, and there, Vol. II. Q. in ment for his Condud therein 242 The 'Parliamentary History King Henry vi. in Behalf of their whole Body, highly commended the Perfon and numerous Services of the Marquefs and Earl of Suffolk, particularly, for the Kind's Marriage, and The Marquefs of f or obtaining the Truce with France j for aU'which, by thePari P ia°- V at l ^ e Requeft of the Commons and Mediation of the Lords, a Vote was pafTed, l That the faid Marquefs mould be efteemed as a molt true and faithful Subjeci to the King.' An Hiftorian of Credit, and more circumftantial in Par- liamentary Affairs than any other (z), tells us, That the Marquefs of Suffolk made a long and elegant Speech in the Houfe of Lords on this Occafion ; letting forth the Pains and Labour he had been at in his Embafiage into France, as well in concluding a Truce for aSea- fbn, as in making up the Match for the King ; ad- vertising them, that, as the Truce was to expire in April, he like a faithful Subjeci: advifed that all Pre- paration fhould be made for the Prefervation of the King's Country in France, praying them to take No- tice of it, and give him a Difcharge for his Legation. The next Day he went into the Lower- Houfe, and with equal Eloquence, not only fhewed his Fidelity in hi? Legation, but fet forth what great Charges he had been at in attending it, and fetching over the Queen ; defiring that this Aclion might be recorded in the Parliament Rolls, and himfelfbe difchargtd by both Houfes, with a Confederation for theExpence. Behold, (adds our Authority) what the Eloquence of Favourites can do! Few Men of Prudence in either Houfe, but knew that the Marquefs deferved little Thanks for his Labour, either in making the Peace or the Match ; yet, as if all had been well done for the Nation's Intereft, the very next Day the Speak- er of the Houfe of Commons, IVill'am Burgbly, at- tended with a great number of the Houfe, went up to the Lords, and defired their Concurrence in a Peti- tion to the King, to reward the Marquefs for his Ser- vices. And to fhew their Gratitude, they cauled the whole Action to be enrolled,, and gave him a whole Fifteenth in Confideration of his Expences'. - This (x) Sam. Darnel in Ksnmt, P, 394, 395. See Stmoit Cl-ron. P. 385. Of ENGLAND. 243 This is our Hiftorian's Account, which differs not King Henry vi. much, except in the Embelifhment, from the Records ; and, except the Fifteenth given to the Marquefi, of which there is no Mention in the Abridgment * nor in any of our ancient Chronicles. Rapin remarks, that this was one of thofe Parliaments that was managed by Court Intrigues j which, adds he, has been too often the Cafe. This plainly appeared in a Refolution to re- turn the Mar que fi of Suffolk public Thanks for nego- tiating the King's Marriage, without any Advantage accruing to either King or State, by uniting him to a Family that was a mortal Enemy to both (a). There are no lefs than eighteen feveral Act?, fome new, and others explanatory, which were palled this Seflion, and are in our Statute- Books. The Heads of thofe, that chiefly regard the public Concern, are thefe: « A Rehearfal of the Statute made 1 5 Hen. VI. Chap. II. touching Licence to tranfport Corn, when Wheat doth not exceed 6 s. and 8 d. and Barley 3 s. and 4 d. the Quarter, made perpetual' (b). 'No Man mail be Sheriff or Under- Sheriff, &c. above a Year.' ' No She- riff fhall let to Farm his County or Bailiwick :' * The Sheriffs and Bailiffs Fees in feveral Cafes limited.' ' An Act for the ordering and levying the Wages of the Knights of Parliament.' ' Who (hall be Knights for the Parliament.' * The Manner of their Ele&ion. The Remedy where one is chofen and another returned.' &c. The King's Letters Patents under the great Seal of England, and under the Seal of the Dutchy of Lancejler, made to John, Cardinal and Archbifnop of Canterbury* and feveral others, relating to fome Poiieflions in the faid Dutchy ; and three other Letters Patents under the Seal only of the Dutchy of Lancajier, made to the Perfons aforefaid, of feveral Poileflions to the Perfor- mance of the laft Will and Teftament of the prefent King, were read and confirmed by the whole Eftates in Parliament. The King's Letters Patents for the Erection and En- dowment of Eaten College, founded 20 Henry VI. with Q_ 2 all {a) Rapin, Fol. Ed. 569. (b) This was done, i&ys Ha!!, to pleafe the People j ad captumVuJgi. And was again confirmed by Edward IV. n44 T&& 'Parliamentary History King Henry vi. all the Lands and Liberties, then, and now granted, were efpecially declared and confirmed by Parliament. As, alfo, the like Letters Patents of the King's, made for the erecting and endowing a College [King's College] in Cambridge, were publickly read and confirmed by i this Parliament. The new Queen feeing the Marquefs of Suffolk, who is faid by Hiftoriars to be too great a Favourite with her, particularly honoured for his Services by the Lords and Reprefentatives of the Nation, found it no Difficulty to get her eafy Hufband to join in confer- He is created a ring new Dignities upon him. He was prefently railed Duke and gains from Marquefs to Duke of Suffolk, and had feveral ofth^KngdTm Manorsand Wardfhips given him to fupport this new by the Queen's Dignity ; and, having the Queen's Heart, who certain- Means. ]y managed the King as fhe pleafed, this new Duke may properly be then faid to be the greateft Man in the Kingdom. The Perfon that flood the moft in their way to an abfolute Rule, was Humphry, for his great Humanity and Hofpitality, juftly, called the good Duke of Glo- ccfler. This Nobleman had been long engaged in a mortal Quarrel with his half-bred Uncle, Henry Beau- fort the haughty Bifhop of IVinchejler ; .as the former Part of thefe Enquiries, and the larger Englijb Hiftori- ans, do more particularly relate. The Duke had acted in his Proteclorfhip with great Wifdom and Caution ; yet, even in that great Poll he could not efcape a Snare laid for him by the Cardinal, and his other Enemies. His Dutchefs was accufed of tampering and dealing ■with Witches and Conjurers, in order to deprive the King of his Life, and raifeher Hufband to the Crown. The fuperftitious Ignorance of that Age made this Ac- cufaticneaiily credited ; and, being found guilty along with her Accomplices, they fufrered Death; and fhe afhnmeful Pennance and a perpetual Imprifonment. . The new Favourite, as hath been faid, having found theRufn^the ne -could not have all Things within his Gripe, without Duke of GJocef- removing this great Man, foon contrived to effect it. UT ' The fir it Step that the Queen and her Minion took, was to get the Duke of Gloucejler, not only difplaccd from having any Command about the King's Perfon, but even Of ENGLAND. 245 even from his Council. Not long after they accufed Kin s Hcnr y v *« him of feveral Crimes and Mifdeameanors; all which the Duke cleared himfelf fo well of, that he was honourably acquitted of them before the King and Council. This Difappointment did but aggravate his Enemies the more againft him, and many other Snares were laid to catch him ; for, it was judg'd, they durft not openly attack a Man of his Character, who was really the Peo- ple's Darling. But, a more plaufible Expedient was at laft thought of. A Parliament was reiolved to be call- ed, where he was to be apprehended for fome Charge of High Treafon, committed to clofe Cultody, and then they thought they might work their Will of him. Accordingly, we find, by the Records, that Writs A Parliament were firft ifliied out for calling a Parliament to meet at"^' d t0T that Cambridge, on the ioth Day of February, 1447 ; but afterwards, for Reafons of State no doubt, other Writs were difpatched after them to fummon the fame Peers, by Name, to meet in Parliament, on the fame Day at St. Edmunds-Bury. When, being met in the Refettory of the Abbey there, 'John Archbifhop of Canterbury, Primate, Legate and Chancellor, as before, opened the nn ° I4 ! g 7 m * 5 * Seflion by the King's Command, and took for his St. Edmunds- Theme thefe Words out of the Proverbs, Qui autem^^' ineunt Pacis Concilia, fequitur illos Gaudium. In repeating his Text, Qui autem, &c. he faid, 1 There were three Kinds of Counfels ; the firft, of * the Wicked, utterly to be fhunn'd, according to the 4 Saying of the Pfalmiji, Beatus eft Vir, qui non ambu- * lav it in Conjuio Impiorum. The fecond, of the ' Good and Learned, who go with Circumfpedion, * according to Ifaiah 6. Finito Conftlio fujcepit aEiior in * Domu fua, 6f fecit Ccenam magnam. The third, * of the Holy Ghoft, expelling all Doubts by work- ' ing inwardly, according to the Pfalmiji, Confilium 4 autem Domini in aternum manet ; Cogitationes ejus a 1 Generatione ad Gcnerationem* All which, his Subject, according to the Abridger\ he enlarged with fundry Sayings and Examples, and at laft thought proper to acquaint them, ' That between 4 the-Ambalfadors of the Englifb and French Kinga, an Q, 3 * Agreement 246 The Parliamentary History King Henry VI. « Agreement was made, that the two Kings mould ' have an Interview ; and that fufficient Afliirance ' would be given for his Majefty's Pafiage beyond ' Sea, his fafe Refidence there, and Return. For which ' Reafon, the King defired their Advice, and would a£i ' accordingly. He concluded, as ufual, defiring the ' Commons to chufe and prefent their Speaker, and put ' them in mind, that the King's Will was, all Eftates ' fhou'd enjoy their Liberties.' The Receivers and Tryers of Englifl) and Foreign Petitions to this Parliament being appointed ; on the ie- WUHamTre- cond Day the Commons prefented, as their Speaker, ST P ea E ker. elea * William ^rejham Efq; whofe Excufe being rejefted, he was with the common Proteftation allowed. It is very remarkable, after this ufual Preamble, that the Heads of all the Acts made in this Parliament, in the Statute Books, are comprifed in two Lines. And what is mentioned in the Abridgment of the Records is lit- tle or nothing to the Purpofe. Authority given to the King's Council for 100,000 /. Some Grants of the King to his new ereded Colleges of Eaton and Cambridge, and an Exchange in the new Queen Margaret's Re- venues of 4666/. 13 j. and 4-d. out of the Cuftoms, &c. for fome other Lands and Hereditaments fettled on her, during Life, confirmed, was every Thing materi- al done in this Parliament : Except another Article, which may lead us into an Enquiry about this ftrange Proceeding of calling a Parliament on fuch a trifling Occafion ; and when there was no Subfidies afked nor given, nor any other Bufinefs of Moment done at it. The Article is this, * That it is by the King enacted, ' that Eleanor, the late Wife of the Duke of Glocefter, ' fhall be utterly barred from claiming any Dower of ' any of the Hereditaments, &c. of the laid Duke.' By this it appears, that another Motive, and which has been hinted at before, was the Occafion of calling this Parliament; and fince it has been fo carefully kept out of the Records, the more general Hiftorians muft inform us. 4 With the new Year, fays one (c), the Lords began • to (c) Sam, Daniel by "Rennet, P. 395. Of E N G L A N D. 247 ' ro prepare for meeting in Parliament at Bury (d) ; and King Henry VI, * that the Duke of Glocefter might fear no Evil, all * Things at Court were carried with great Smoothnefs * towards him. But Care was taken to have it whiiper- ' ed in his Ear, that it was necefTary he fhould be at it, * to prevent the Defigns of the Queen and her Party. ' The good Duke, not at all jealous of ill Practices, ' but retaining his old Zeal for the Commonwealth, ' hearkned to the Caution, and with the reft of the ' Lords came to the Place at the Time appointed, ready , to attend the National Bufinefs. ' On the firft Day of the Seffion, all Things went 4 well enough, and the Ceremonies at the Opening of a * Parliament were performed as ufual. On the fecond 4 Day the Lord Beaumont (e), then High Con (table ' of England, being accompanied with the Dukes of * Buckingham and Somerfet, and many others, arre it- T ' ie Duke of * ed the Duke of Glocefter, and put him in Cuttody un- 2. arreft * c der a ftrong Guard. His Servants were all taken '* from him, and thirty-two of them fent to different * Prifons. The Nation was in great Amaze at this 6 fudden Action, and every Man was inquifitive to ' know, what new Matter was found cut againft ?he * Duke, who had fo lately cleared himself of all that * could be alledged againft him. His Enemies thought * it neceflary to lay fome Crime to his Charge, and ' therefore gave it out that Humphry, Duke of G!oce/!er, ' with his Train of Servants, had traiteroufly conipir- ' ed to kill the King that he might fet the Lady Eleanor ' his Wife at Liberty. A ridiculous Charge, but, yet * fufficient to quiet the People, whom they only fear- ' ed, in the Execution of their Defign ; for the more ' improbable his Crime was, the ealier it would be to *' free himielf, and ib the People relted content with Q_4 ■ the (d) To which Town all the Commonalty of the whole County of Suffolk were warned to attend the King there, in their mod defenfible Array. Fabiarfs Chron. Anno ijytf. Holhngfhead writes, that Bury was pitch'd upon as a much properer Place to execute their Purpofe againft the Duke, thai either fPefhnittjfer or London, on account of his great Popularity, Chron. P 627. y.Stoivc fays, that the Roads about Bury, were ail kept by arm- ed Men, both Day and Night, fo that many died of Cold aad Watching. Chron. P. 386. (/} He ii called in the Lift of Peers, Job;: Lord VTW 148 The Parliamentary History King Henry vi.' the Senfe of his Wifdom and Innocency. But his * Enemies had contrived otherwife, that he fhould ne- ' ver come to his Defence (f) ; for the Night after his And murder' a ' Commitment, as fome fay, but others a few Nights privately. < after Qf), he was found dead in his Bed, and his Body ' Ihewed to the Lords and Commons aflembled in Parlia- ' ment, and lay expofed to open View of all Comers * for fome Time ; in which, becaufe no Signs of a ' violent Death appeared, it was reported, that he died ' of an Apoplexy or Impofthume. But, becaufe none ' of his Servants fuffered after his Death, which they ' ought to have done, had they been guilty of High ' Treafon, as was alledged againfr, them, (though five of 1 them were condemned, and when near their Executi- ' on v/ere pardoned by the Duke ok' Suffolk's Means [b) ;) * it was generally thought a fufficient Ground to be- ' lieve, that he was murdered by the Queen's Means ; ' and fome v/ere fo particular as to report, that he was ' ftrangled between two Pillows, or Feather- Beds, as ' Thomas Wcodjlock, Duke of Glocejler before him, had ' been j others that he had an hot Spit run up his Fun- * diment, as King EdwardW. had; others affirmed, that * he died of mere Grief, becaufe he faw he muft now ' fall a Sacrifice to his Enemies Malice, without being * allowed to defend himfelf; all which Conjectures * have little Foundation. The mo ft difcreet judge, he ' was murdered ; but, being tranfadted in private it ' was not (afe to determine by what Means.' It (f ) Tie History ofCroyland, cotempoiary, fpeaks thus ofthe Duke, i~liu ad Refponfum non admijj'us, nee juaiciali Examine condemnatus , Vcf- perefojpes ct ineolumh, Mane (prcb Dolor) mortuus clatus eft et oftenfus. Hift. Croyland. Continuatio. P. 521. (g) Fabian fays within fix Days alter the Duke was arretted. Cbron. Ann) ~i.iA.-j. John Htotve Twenty four-Days 5 and that fome faid the Duke died for Sorrow, that they wouid.net bring him to his Anfwer. Cbron. P. 386. (b) Their Names were Sir Roger Chamberlain Knight, Middleton, Her- bert, and Arthur Efquires j and one Richard Needbam Yeoman. They were Sentenced to be draws, hanged and quartered ; of which the Drawing and Hanging were put in Execution, but when they were cut down U be quartered, and marked with a Knife for that Purpofe, the Marquefs of Suffolk, there prelent, ihewed the King's Pardon for them and they were releaied. A dangerous Experiment- Fabian, ibid. The Pardon is in the Public s.c~i% ; at the End of which, is the Date at If tfimivfter jUnt 4 ; and then, Per tfftm Regem, et de Data pradif.a^ JlilfirHatt Parli amsnti. Feed. jing. Tom. xi. P,, J79. Of E N G L A N D. 249 It is more than barely probable that this laft Con- ^"6 H=nry vl, jediure is right : A Parliament had been fummoned on fo trifling an Occafion, as is mentioned in the Lord Chan- cellor's Speech; and which, by the bye, was a mere Pretext ; for not one Word more is mentioned in the Records or Hiftory, relating to the Royal Interview there fpoken of. On which, we may well fuppofe, that it was a Trap laid 10 catch the Duke, and the Event too plainly fhew3 that his Death either public, or private, was the principal Defign of it. The Death of this great Man was, very foon after, revenged upon his Enemies ; the Cardinal Bifhop of Wincbejler died within a Month of him, and, as we are told, in great Agonies both of Body and Mind. And tho' the Queen and the Duke of Suffolk now managed both the King and Kingdom without Controul, yet the Reign of the latter was very fhort lived, as the Couri'e of thefe Enquiries will {hew. The Method they took to govern, was very oppreffive and intolerable to the Sub- jects ; and tho' the Queen made ufe of her Hufband's Name, yet me could fcarely hide her Ufurpation, be- caufe, in England, the Queen Confort hath no Power, but Title only. The Death of the Duke of Glocejler had yet another The Duke of ill Conlequence, by opening a Door to the Duke of YqAYfirft At- Tcrk to put in his Claim to the Crown, which he ne-JJl ver durft have done, whilfta Man of fuch Wifdom and Popularity, as the former, flood in his Way. It does not appear that York had any Hand in the Duke's Mur- der ; but it may be well fuppofed, that he was glad to fee it acted by others ; and that the Queen and her Mi- nion went on, in the Government, in the arbitrary Manner they did. In a fmall Time after Duke Hum- phry's Death, he began to reprefent to his Friends the Mifcry of the Nation, which, under the Name of a King, weak and unable to govern, was ruled by an ambitious Queen, and her Favourites. He firft put it into their Heads, That it was neceflary to pitch upon fome other Perfon to be King, fince the prefent King had depofed himfelf, in Effect, by fuffering the Queen and Suffolk to over-rule all ; that King Henry was really a good Man, but fitter for a Cloifter than a Palace, there- fore 250 Hoc Tarliamentary History King Henry vi. f ore t j ie Kingdom was to be put into better Hands than thoieof Women and Favourites. Having thus artfully infufed into their Minds a general Discontent, he next put forward his own Title to the Crown j which, al- lowing Hereditary Right to be valid, was indubitable. Yet, added, that tho' he would not vainly vaunt him- felf fit for ia great an Office, he might boldly claim the Crown as his Right ; and hop'd, ihat the Diligence and Valour he had ihewn in France, for the Preservation of the EngHjb Dominions inthat Kingdom, were De- monitrations enough to prove, that he had the true Spirit of an EngtiJIman in him, and was zealous in all Things for the Good of the Nation. Thus much is thought proper to be faid, tho' fome- what digreflive from our Parliamentary Defign, in order to keep up a Connection in Hittory; and to (hew, at what Time thofe great Difputes between the two Houfes began, which n^ar overturned thewnole King- dom. It was two Years after the laft, that we meet with another Parliament, which was called by Writs, dated at IVeJhijnjier, January 2d, to meet at the fame Place on the 1 2th of February foliowing ; the firit Peer now on the Lift, is Richard Duke of Tot k. AnnoResni-27. On the Day r.ppointed being all met in the Painted 1449. Chamber of the Palace, John Archbifhop ol ' Canterbury ^ e nun .ei. Q lance jj or f England, declared theCauie of the Sum- mons, and made a notable Declaration ; but what it was, John Day Ef q - our dbridger takes no further Notice. Three Days chofen Speaker, after, the Commons prefented John Day, Efq; for their Speaker, who was allowed; and foon after a Grant of a Tenth and half a Fifteenth, to be levied on the Laity, palled both Houfes; with a Grant, alfo, of Tonnage and Poundage, for five Years to come, on all Merchants whatsoever, with an Addition of three Shillings more on Aliens, as well of the Hans Towns as othcrwife. Authority was likewife given to the Council of State, to borrow 100, oco /. as well upon the King's Revenues, as his Jewels. We find, on Record, that another Grant was made mwrtx and a t0 the King oi half a Tmth and a ' whole Fi P^nth, to be levied as before. Alfo, a Poll-Tax was again renew- ed and granted to the King;, of Sixteen Pence to be taken of Of ENGLAND. 251 of every Houfe-holder within the Realm, not born ^bg Henry vi. within the King's Dominions, and fix Pence of every other Perfon, fo born, and no Houfe-holder ; with fix Shillings and eight Pence of all and every Merchant- Stranger, and twenty Pence of all and every of their Clerks. Laftly, the like Subfidy on Wools was granted for four Years, as before. A MefTage from the Duke of Somerfet, the King's Lieutenant in France, was delivered to this Parliament verbatim, by the Lord Hajiings Chancellor of France, and the Abbot of Glocejler; importing, That the great Preparations the French were making, werefuch, that, if a War mould happen, then the Country of Norman- dy was not able to defend itfelf. And, as the Truce was to endure but for fourteen Months, it was necefla- ry to acquaint the King and Council, in Difcharge of the laid Duke, that they might provide accordingly. The Enghjh Government took fome Alarm at this Meflage, and being well provided with Money by the late Subfidies, a confiderable Reinforcement was fen t Normandy loft. over to the Duke Regent; but thefe had ill luck, and were molt of them cutoff; after which, the Duke of Somerfet gave up Caen to the Fiench, and infhort, all Normandy, thirty Years after it had been conquered by Henry the Fifth. A Motion was made in Parliament, that the Soldiers Wages at Calais, and the Charge of the Reparations there, be paid out of the Subfidy on Wools ; it was granted. This Motion produced an Acl, which bore this Title, ' Becaufe in the Reign of King Edward ' III. the Subfidies and Cuftoms of the Staple of Calais * was threelcore and eight thoufand Pounds Yearly, ' and now is not above twelve thoufand ; therefore ' no Licence granted, or to be granted by the King, * fhall be available, for the Carriage of Wools, Fells, * or Tin, to any Place out of the Realm but to Calais. * And whofoever doth obtain, accept, and put in Exe- ' cutionany fuch Licence, fhall be out of the King's * Protection.' Alfo, it was enacted, that if Woollen Cloths, made in this Realm, mould be prohibited or not accepted in Holland, Brabant and Zeland, under the Dominion of the k$i The Parliamentary History King Henry vi. the Duke of Burgundy, then no Merchandize, grow- ing or wrought, within any of his Countries, fhall come into England on Pain of Forfeiture thereof (i). Upon Contention between William Earl of Arundel and Thomas Earl of Devon (k), for Superiority of Place in Council and Parliament, it was enafted by the King and Lords, with the Advice of the Judges, That thefaid Earl of Arundel and his Heirs, by reafon of the Caftle and Honour of Arundel, (hall for ever enjoy the Prehe- minence in the Prefence of the King and elfewhere, above the faid Earl of Devon, as worfhipfully, fo faith the Adt, as any of his Anteftors, Earls of Arundel be- fore that Time ever h id And yet, it is obfereable, that in all the fucceeding Lifts of Peers fummoned to Parliament, the Earl of Devon is always placed before the Earl of Arundeh But the moft remarkable Thing done this Parliament, ^^J^^was by the Bifhops ; who now made a ftrong Pufh to peal the statute "have the Act of Praemunire repealed. They had made ofPramumre confiderable Intereft in both Houfes to effed: their De- proves mefteau- flg n? ^ m j t wag j, n ya j n> -p he g realcr p art f t h e L orc is and Commons were fo zealous for the Continuance of it, that they were conftrained to endure that Eye -fore; and it remains in Force to this Day (/). This Parliament had two ieveral Prorogations ; one from the 4th of April to the 7 th of May, and the other, as the Record fays, by reafon of the Plague then reigning in London and IVeJlmi'iifter, from May 30th to June 1 6th, ixWincheJler; tho' we cannot find that they ever met at that Place. We have hinted before, that the Englijh Affairs in France were in a very bad Situation at that Time. The Nation dif-The Lois of Normandy is afcribed by an Hiftorian (w), contented. f0 three Caufes . p^ the Treachery of the Natives there ; who, tho' natural- born Subjects to the King of England, yet being French, in Language and Cuftoms, they arretted Subjection, moftly, to the French King. Secondly, [i) Statutes at Large Cap. i, a. (k) William T it x- Alan Earl of Arundel ', Thomas Couriency Earl of Devon. Dugdale'j BaronageYol. I. P. 323. (I) Daniel in Kennet, P. 400. f» Ibid P. 401. O/ENGLAND. 253 Secondly, The Duke of Somerfet's Avarice, who kept K ; ng Henry vr# not the Garrifons full as he ought to have done, that he might pocket the Money allowed for Soldiers. And, laftly, The Divifions at Home, in which the Great Ones engaged with fo much Zeal that they had no Regard to Affairs abroad. The LofTes in France being known in England, »t AParl j nt bred a general Difcontent amongft the People; and the caird to meet at Fault was totally laid on the Queen and her Miniftry. Leicefter. The loudeft Exclamations were railed againft the Duke of Suffolk, as the chief Inftrument of all the Mifconr duel ; and it was refolved, that he fhould undergo a Na- tional Enquiry about it. The Queen, apprehenfive of the Danger her Favourite was in from luch a Pro- ceedure, did all fhe could to prevent it. Firft, by en- deavouring to hinder a Parliament from being called ; and next, when fhe could not avoid that, by having it fummoned to meet at Leicefter j where, in a Country- Town, fhe imagined, her numerous Attendance might over-awe the Members. But the Lords and Commons, who knew they were iafe under the Protection of the J^jf" Ce City of London, politively refufed to meet at all, unlefs where but at they were appointed to come to Wejlminfter. So the Weftminfter. Writs of Summons were iJiued out, dated September 23d, for a Parliament to meet, at the latter, on the 6th Day of November following. ' «HM tSST* By the Abridgment ef the Records, we find that this accordingly, Parliament underwent feveral Prorogations; for on the Anno Regni 28. firft Day of the SefTion, John Archbifhop of Canterbury, I4S °* declared to the Lords and Commons, that, for avoiding the infectious Air of Wejlni'njier, the King had, really, prorogued the faid Parliament to London ; and defired the Commons tochufe their Speaker, and prefent him But p »'2>"°su 4 the next Day to the King. Sir Robert Cotton here t0 London * obferves, that itfeems the Fear of the Plague had caufed the Archbifhop to forget his Orat'on ; and the Clerk of Parliament to enroll him as Chancellor. Which flievvs, that fome Thing or other put them in great Confufion at this Time. On the third Day of the Seffion, the Commons prefented Sir John Popham Knight, as their Speaker, whofe Excufc for not ferving the Office, we find, was 2J4 The Parliamentary History King Henry vi. was accepted, and he was difcharged. So on the fame William Tre Day, the Commons'prefented William Trejbam, Efq; for fham, Efq;eka-the fame Purpofe, who, with the common Protefhui- John Fopiiam . December Ath the Parliament was again adjourned excus'd. from London to Wejlminjler, to be there held by the Chancellor, in the Prefence of the King, Lords and The Parliament Commons the next Day . And on the I?th Day of aojourn u back % , • n r ss a-m again to Weft- the fame Month, the Archhuhop of Canterbury Chan- miniier. cellor of England, in the King's Prefence, and on his BehaK, gave Thanks to the three Eftates, and prorogued the Parliament from that Day unto the 22d of January next at Wejlminlhr. This laft Prorogation may be accounted for, by rea- fon of the Chriflmas Holidays ; but we are further told, that on the faid 2 2d Day of January, when the Parliament met, the Archbifhop of Canterbury was dif- charged from the Office of Chancellor, and Join Kempe, Cardinal and Archbifhop of York, was put in From thence to his Place ; that they fat at Wejlminjler to the thir- Lekcfter. t j et h jj.y f Match; and then the Chancellor, by the King's Command, prorogued the Parliament from the faid Day to the 29th of Jpril, next enfuing, at Lei- cester. In all this Time there is not one Word more of Bu- finefs done thisSefiion, than is before mentioned. But, after this, an extraordinary Subfidy was granted ; which a Vge Subfidy. was, 'That every Perton having by free Deed, Copy, Grant of Annuity, or Office, the clear Yearly Value of 20;. in Frank-Tenement mould pay Six- pence, and fo from 20 s. to 20/. From 20/. to2Co/. Yearly, Twelve pence in the Pound : From 200/. and upwards 2 s. for every Pound, as well Laity as Clergy ; Guar- dians of Wards, Men having Fees, and all Corporations to p:-y accoidingly. Several Sums alfo, out of the King's Revenues and Fee-Farms, to a great Value, were allowed to bear and pay the Charges of the King's Houfhold. But, before the laft Prorogation to Leicefler, came on the Tiial of the Duke o\ Suffolk, on feveral Articles of High Trer.fcn ; which, becaufe he faw that he could not Of E N G L A N D. 255 not avoid, he moved for himfelf (n). For, according K5n s Henrv VI * to the Record, on the 22d Day of January, the Duke ftood up in the Houfe of Lords, and required the King * That he might be fpecially accufed, and be allowed * to anfwer to what many jM en reported of him, that * he was an unfaithful SubjecV He further told the King, l That his Father, and ^three of his Brethren, ' died in his Service and that of his Father's and c Grandfather's. That he himfelf had ferved in the * Wars thirty-four Years ; and, being but a Knight, 4 and taken Prifoner, had paid for his Ranfom 2000 /. * That he had been of the Order of the Garter thirty * Years, and a Counfellor to the King fifteen Years, * and had been feventeen Years in the Wars, without ' returning Home. And, allcing God's Mercy, as he ' had been true to the King and Realm, he required * his Purgation.' January 26, the Commons came before the Lords, and required that the Duke, on his Confellion, might be committed to fafe Cuftody ; but, the Lords and Judges, upon Confultation, 4 thought there was no good Caufe ' for it, unlefs fome efpecial Matter was objected a- c gainft him.' January 28, the Speaker came again, and declared, 4 That the Duke of Suffolk, as it was faid, had fold this Realm to the French, who had prepared to come hither ; and that the faid Duke, for his own Defence, had fur- nifhed the Caftle of IValiingford with all warlike Mu- nition j whereupon at the Speaker's Requeft, the faid The Duke of Duke was committed to the Tower of London, Suffolk commit- February 7, the Speaker of the Houfe of Com- mons, the Chancellor and the Lords, lent to the King a Bill of Articles, by which they accufed William de la Pole, (n) Hall writes, that the Duke of Suffolk was called in every Man's Mouth a Traitor and a Murderer, a Robber of the King's Treafute, and worthy to be put to the moll cruel Death ; for which Reafon the Queen, fornewhat fe;ii;;g his Deftruction, but m;re her own Confufion, caufed the Parliament before begun at the Black Fryers in London, to be adjourned to Leicejler ; thinking there, by forcing the Laws, to fubdus and reprefs all the Malice an:: 111-wiil conceived ftgalnft the Duke and her. But tew of the Nobilicy would appear there, fo that the Parlia- ment was again adjourned to London. Hall's Cbron. Fol. CLVlll. Hollhgfcead, P, 631. J, Stoivc. P. 387. z$6 The 'Parliamentary History King Henry vi. Pool, Duke of Suffolk, late of Ewelm in the County of Oxford, of fundry Treafons (o), viz. ATtides againft I. That the faid Duke having the Wardfhip of him. Margaret the Daughter and Heir of John Duke of Somerfet, he meant to marry his Son John to her ; and thereby for want of Iffue of the King, to claim the Crown, and to procure the French King, by means of certain French Lords, there named, to depofe the King. II. 7'hat he procured the Delivery of the Duke of Orleans, and pradtifed with him to caufe the French to recover the Englfh Conquefts in that Kingdom. III. Related to the Duke's Promife of Delivery of Anjou and Main, to requite the King of Sicily the King's Enemy, without the Aflent of the other Em- baffadors. IV. For difclofing the King's Counfel to the Earl of Dumoys Baftard of Orleans, and to others of the French Nation. V. For betraying to the French the Strength of the King's Piles, Ordnance, and Munition, beyond Sea. VI. That the faid Duke, by difclofing the King's Secrets, caufed the Peace to be broken. VII. That the faid Duke fupported the King's Ene- mies, by Haying fundry Arms which mould have paf- fed againft them. VIII. That the faid Duke had ftrcngthned the King's Enem : es againft him, by not compromifing in the laft Peace the King of Arragon, who is almoft loft \ and the Duke of Brit any, who is wholly fo (p). All which Articles, the Commons require to been- rolled, and that Profecution may be awarded thereon. On the 9th Day of" March, the Commons made a new Complaint againft the Duke, in Effe£t following : Firft. For procuring the King, in his 1 8th Year, to give away the Inheritance and Lands of the Crown. For (0) Fabian writes, that James Fienes Lord Say, the Eifhop of Sa'if- bury, and Daniel Trevilian, Gentlemen, with others, were at the fame, time, accufed by the Commons. Fabian's Chron. A. 1450. J. Strive, P. 387. (/>) Rafin remarks, that Hiftorians fay the Duke cleared himfelf from all bat this raft Article, and has taken fome Pains to exolain it. Sz? Raping Hijl. of England, ¥o\.Y.i. ?, $j$. • * O/ENGLAND. p. 403, Of ENGLAND. 261 4 the true Heir, than fuffer others to ufurp the Power of^ m l Henr y VI * ' doing them, and the King himfelf, a Mi/chief. Thefe and fuch like Difcourfes being well relifhed by the Generality of the Nation, it was not long be- fore the Refolution of a Change was put to a greater Trial. The Story of the Rebellion under Jack Cade 9 who filled himfelf Lord Mortimer, is too well known, to need any Repetition here ; our Hiitorians luppofe, that this Fellow was fpirited up, under Hand, by the Duke of York, to try t^e Bent of the Nation, in regard to his Title ; that Lord, or Sir John Mortimer having been Brother to the Earl of March, who was beheaded in the laft Reign, and who was then the undoubted Heir of the Line of Tort. Our Purpofe is, only, to fhew how much the Parliament of England were con- cerned in this Quarrel ; and one being called the next Year, in the midit of Cade's Rebellion, we fhall pro- ceed in our Enquiries of what was tranfafred at it. It has been our Cuftom, hitherto, to give a Lift or two of the Peers, fummoned to Parliament, in a. long or z( fhort Reign, in order to inform the Reader under what Names and Titles they were then called, as well as the particular Number of them. We think proper to give the following Lift of Peers, fummoned to at- tend the next Parliament, fince in a fmall Time after, they were interrupted by the Civil Wars, and moft of their Meetings then were to their own Deftru&ions. In the 29th Year of Henry the Sixth. Anno RegnI The King, &c. to Richard Duke oj York, Sec. to meet i 45 i. at Weftminfter, on the Fea/l of St. Leonard, &c. Wit- At Weftminfter. nefs the King at Weftminfter, September the fifth. Henry, Duke of Exeter, William, Earl of Arundel, peerage at that John, Duke of Norfolk, Ralph, Earl of Wejlmore- Time. Humphry, Duke of Bite- land, kingham, Richard, Earl of Salijhury, Edmund, Duke of Somerfet, John, Earl of Oxford, Richard, Earl of Warwick, John, Earl of Wcrcefler, Henry , Earl of Northumber- James, Earl of Wiltjhire, land, . John, Vifcount Beaumont^ Thomas, Earl of Devsnfhire, James, Lord Berkeley, R 3 Edward, 162 The Tdrliamentciry History King Henry vi. Edward, Lord Gray, of Thomas, Lord Clifford, Groby, Henry, Vifcount Bourchier, Edmund, Lord Gray, of Edward, Lord Brooke, of Ruthin, Cobkam, Robert, Lord Hungerfcrd John, Lord Talbot of Lijle, fenior, Thomas, Lord Sfa/tf, Ralph, Lord Gray/lock, Reginald, Lord 6r<^ ©v, thereunto belonging; which were confirmed by the Hands of all the Lords, and by the Commons in Par- liament. By the fame Authority the King granted to his Queen Margaret, the Sum of iooo /. Yearly, for her Life, out of the Cuftoms and Subfidy of Wools in the ADowr y {ett]ei Port of Southampton; befides fundry Manors an d ontheQieea " Hereditaments in the Counties of Northampton, South- hampton, and Oxfordjlnre, which were, alio, confirm- ed to her by Parliament. The further mifcelhneous Proceedings of this Vol. II. S Parliament (n) This Inftrument is, z\(~>, in the Public Ails, and another imme- diately following it for conffituting Edivard the young Prince, tho* therf fesree feven Months old, Protector, ©V. when he fhall arrive at Years of Difcretion. They are both of the fame Date, viz. April 3d, but the firft is faid to be. done by Authority of Parliament, which the other if fr°t. fad- J*g, Tom. XI, P. 346, 347, 174 7^ Parliamentary History King Henry VI. Parliament were, that Richard Earl of Salisbury, John Earl of Shrew/bury, John Earl of Worcefler, James Earl of Wilt/hire, and the Lord Stourton, were appoint- ed to keep the Sea; to whom was allotted the three Years Tonnage and Poundage granted by the laft Parliament. And April 15th, it was agreed, that to- wards the Support of the Expence of the Lords afore- faid, there fhould be a Loan made from certain Cities and Towns, there named, of particular Sums, and they were to be anfwered for the fame out of certain Cus- toms and Subfidies. In this Parliament Thomas Courtney, Earl of Devon, was accufed of Treafon, and acquitted of the fame, by his Peers ; Humphry Duke of Buckingham being High Steward for the Time being. But, becaufe the Duke of York judged the Honefty of the faid Lord to be touched, the faid Earl made a public Declaration of his Loyalty before the Houfe, and referred further Tryalofit, as a Knight fhould do ; On whicbfthe Lords wholly acquitted him, as a loyal Subject. The King by his Letters Patents, publickly read in this Parliament, acknowledg'd Edmond of Hadjham, and Jafper of Hatfield, the Sons of Queen Katherine his 22SS2df" Mother, to be his lawful Half-Brothers and Denizens. tails with Pre- The King, alfo,»created the faid Edmond, Earl of Rich- .ctfeicy; mond ; and that in Parliament, and elfewhere, he fhould have Preheminence above all Earls. The King, likevvil'e, granted to the faid Edmond, and to the Heirs Male of his Body, lawfully begotten, the whole Coun- ty, Honour, and Dominion, of Richmond, with all the Hereditaments and Appurtenances, with Warranty by the accuftomed Services. Like wife, by Affent of Par- liament, the King granted to the faid Earl of Richmond, in Tail- general, the Manor of IVorefdale, with the Appurtenanees,'in the Counties of Lancafter, Weflmorc- Lmd and York, late belonging to John Duke of Bedford, •to hold only by Fealty, with certain Provifions therein. The King, alfo, by other Letters Patents, created Jafper of Hatfield, Earl of Pembroke, with the Prehe- minence to take Place above all Earls, next unto his elder Brother Edmond; and gave him, likewife. the whole County, Honour and Dominion of Pembroke, as above. In bo;h which Creations and Grants, are certain Of E N G L A N D. 173 certain Provifoes, or Exceptions, and both thefe Let- K5n s Henr y VI * rers Patents were confirmed by Parliament. The Commons required the Lords to call to mind the Hazard that the Town of Calais was then in, and the fafe keeping of the Sea, and that the Subfidy grant- ed might be really employed to that Purpofe. They, alfo, defired the Lords toexcufe them, from granting any other Subfidies ; finally, they required, that a grave, or wife Council, mould be eftablifhed, to anfwer all Petitions, &c. which was promifed. It was ordained, that the Mayor, Conftable and Fel- lowfhip of the Merchants of the Staple at Calais, mail be paid 10,000 Marks out of the Subfidy of Wools there, which Sum they lent towards the Payment of the Sol- dier's Wages in that Place. The faid Mayor and Mer- chants made feveral Demands befides, wh ; ch are not fpecified; to which they had Anfwers given them. But,' Richard Duke of York, being appointed Captain, or Governor ofCalais, and requiring Satisfaction in 13 Ar- ticles, or Demands, concerning ready Payment, and other proper Supplies for keeping the fame, could ob- tain no Anfwer to them. Sir William Oldhall, Knight, who was Speaker in the laft Parliament, was, alfo, attainted of Treafon for being concerned in Cade's Rebellion, and a Writ of Outlawry againft him, was confirmed by Parliament. Whereas Robert Poynings of Soutbivark Efq; being Carver, Sword-bearer and chief Actor with Jack Cade, had his Pardon, upon which he, with certain Sureties by Recognizance, was bound in the Chancery for his good Behaviour ; fince which Time, he had committed many Rio:s, particularly, in railing and going with Men armed in Kent, againft the Law ; therefore it was ordained, that an Extent, upon the faid Recognizance, fhall go againft the faid Poynings, and his Sureties, and him, and their Lands and Goods. We fhall conclude the Ads of this Parliament, with a fhort Account of a Statute made on a private Affair. A Complaint was made by Henry Beaumont, Efq; Son and Heir to Sir Henry Beaumont Knight, and Charles Rowel Efq; againft Edward Lancajler of Sk'pton in Craven, Efq; for taking away Dame Joan Beaumont, S 2 late iy6 The Parliamentary History King Henry VI. late Wife to the faid Henry, being lawfully married to the faid Charles, and for that the faid Edward married the faid Dame, againft her Will, and thereby ravifh- cd her ; againft which Edward, and many others there named, Remedy is given by way of Appeal. Thefe,and fuch like Practices, produced a Statute, which in the Ads of this Year goes under this Title, A Remedy for a U oman inforced to be bound by Statute or Obl'gation. It has been faid, that the Wars with France being now ended, the Civil D indentions, between the two Houfes of York and Lancafler, began in contending for the Crown ; tho' hitherto Matters had been earned on both Sides with Moderation , the Houie of York having yet, not openly, made the^r Claim to the Re- gality, neither in Parliament nor out ; but, only, raifed an Army, under Pretence of reforming Abufes in the Government. * The Title this Family had to the * Crown, fays an Hiftorian {o), was very fair, accord- * ing to the Law of the Land; Richard, the prefent * Duke, being Great-Grandfon of Lionel Duke of Cia- 1 rence, elder Brother to John of Gaunt, Duke of Lan- 1 cajler, by whom the three Henrys derived their Right 4 to the Crown. But Htnry VI. tho' his Title was * not lb fair and clear, yet, not being the Ufurper * himfelf, but fucceeding upon the Ufurpation of his c Father and Grandfather, two very great Princes, * and he being of known Goodneis and Piety, had * long kept PoiTellion of it. Therefore it required ' great Art,- Cunning and Force, in the Duke of York, 1 to wreft the Diadem from him.' Moft of our Hiftorians relate, that the Duke of Somer- set was accufed of Treafon, in the lall Parliament, hav- ing been arretted fome Time before, and fent Prifcner . to the Tower (/>). How far this lalt Circumftance may (0) Daniel by Kennct p. 410. \p) Fabian writes, that the Duke of Somerfet was arretted of High. Treafon December, I. 1451. when the Parliament w^s fitting, and his Goods torne out of his Houfe in the Black Friers and embezled. For, at this Time, adds he, the Lords Servants and Attendants who came to Parliament were very numerous; the temporal Lords keeping then more, Ik.iVitality, a;,d had greater Iletinues of Servants, far exceeding whac the Lonis in his Time did, • Fabian's Chron. Anno 1451. J. Stow* Of ENGLAND. 277 may be true, is uncertain ; but the former is apparently King Henry vl# falfe, by the Proceedings of that Parliament given be- fore. It is faid further, ' That the Queen, who was ' as intent to five Somerfet, as his Enemies to deftroy ' him, had fo contrived Matters, that nothing fhould * be done againft him ; for the King, being fomewhat ' recovered from his lllnefs, and come well to his Senfes, ' me caufed him, tho' very weak, to be carried to the * Houfes, and there to diflblve the Parliament, fo ' that nothing was determined in the Matter.' It is not poflible to fuppofe that the careful Abridger of the Parliamentary Records, would have overlooked this laft Circumftance; and, therefore, fince he has taken no Notice of it, we may well fuppofe it as erroneous as the former. Inftead of that, Edmond Duke of Somer- fet is the fecond Perfon, on the Lift of the Peers, fummoned to this Parliament ; and he was ordered to be paid a very large Sum, due to him, for Fees, Wages, fcfY. whilft he was Governor of Calais , by Con lent of both Houfes. It is certain, however, that the Duke of Tork, find- ing he could not get Somerfet removed from the King's, or rather the Queen's, Protection, which probably he was not forry for, rais'd another Army and encamped with it near St. Albans. The King and his Courtiers were as ready to oppofe him, and a Battle was fought near that Town, May 23, Anno 1455, in which the Duke was vicioridus ; and the Duke of Somerfet, the ^jf^jfef an Earls of Northumberland and Stafford, John Lord Clif- Army; and takes ford, with many others, Perfons of Note, and about *&* K^s Prifon- 800 common Men, were flain ; and what rendred this er " Victory more compleat, the King himfelf was taken Prifoner. The Duke of Tork, and the Lords his Confederates, carried the King with them to St. Albans, and paid S 3 him y. Stowe has given us the Articles, which, he fays, the Duke of Tork exhibited againft the Duke of Somerfet in Parliament j but they are very trifling and infignificant. Cbroti. P. 393. By two Inftrumsnts in the Public Aifi, we find, that the Dukes of Tork and Somerfet were bound to each other in the Sum of 20,00a Marks, to refer their Differences to the Arbitration of the Archbiihop of Canterbury , and feven other Bifhops and Noblemen, there named. Eved, Ang. Tom. XL P. i6a, 363. iy% The Parliamentary History King Henry VI. him all the Honour and Reverence due to his Dignity. They befought him, on their Knees, to forgive the Ac- tion of that Day, and accept them for his loyal Sub- jects. For now the Duke of Somerfet, the common Enemy of the Nation, and the Caufe of this Commo- tion, being dead, he, and all his Adherents, would re- main, during their Lives, his faithful and obedient Sub- jects ; and that he mould find, that the DeftrucVion of Somerfet was his own Prefervation. With fuch artful Speeches they amufed the poor King, who feemed well fatisfied with their Actions. After which the confederate Lords fpent their Whitjun- tlde together at London ; where it was refolved to call a Parliament, to fettle and compofe Things for the ge- neral Good of the Nation. Writs were accordingly ilTued out for fummoninga Parliament, dated May 26, at Wefiminjltr^ to meet at the fame Place on the 9th Day of July following. It is to be noted, that no Peers of either Side of the Qiieftion were omitted in the Summons ; th ; s Lift being conformable to the laft, except in the Names of the Peers flain in the laft Battle (f). ( Anno Regni 33. Our Abridger of the Records beginshis Account of this a»w I 1 55: a Parliament in this Manner: * In the Prefence of the At Weitnunfter. __. _ . , . _ . e „_ , _ , i King, fitting in his Chair of Lftate, and of the 1 Lords and Commons, c thomas{r) Archbifhop of Can- ' terbury and Chancellor of England, declared the Caufe *■ of the Parliament, and took for his Theme, tsY. < Other Report there is nfine. Wherefore the Chancel- * lor willed the Commons to chufe their Speaker, and 1 the next Day to prefent him to the King. And far- ' ther fhewed to them, that the King's Pleafure was, * that all Eftates mould enjoy their Liberties.' It was not till the next Day of the Seffion, that the Chancellor caufed certain Articles to be read before the Houfes containing the Caufe of the Summons, which were divided as follows : Firft, to take Order for the Expences of the King*s HoufJhold. For the due Payment of the Garrilon at Calais, and the Marches there. To provide for keeping {q) Dugdali's Summons to Parliament , Anno Regni 33, (r) Thomas Bturcbier, \*z N ev s' s Yafii Ecc. Jt;g, Of ENGLAND. iy 9 keeping the Seas againft any Invafion of the French ; King Henry VI* particularly, to guard againft the Scots, who had be- fieged Berwick, notwithstanding the Truce. To ap- point how and what Time the 13,000 Archers, granted laft Parliament, mould be employed. To procure a perfedl Accord and Unity amongft the Lords. To reftrain the carrying out of Gold and Silver Coin. -To provide for better keeping of the Seas. To take Precaution that the Peace may be kept in Wales To every one of which Articles, a Com- mittee of certain Bifhops and Lords were, feverally, appointed. The Day after, the Commons prefented Sir John Wenlock to the King, as their Speaker j who, with the i SI V°u n ,- Wen " ufual Ceremony, was allowed. The fame Day a long speaker! ^ Conveyance, or Charter, made by the King, whereby he acquitteth Richard Duke of York, Richard Earl of Warivick, and Richard Earl of Salijbury, of any dif- loyal Practices, and taketh them to be his good and faithful Subjects, was read and confirmed by Parlia- ment. In which it is remarked, that Edmund late Duke of Somerfet, Thomas Thorp (s), and William Joftph Efqrs. by their falfe Dealings, had caufed the King to think the contrary of thefe Lords, and raife a great Power againft the Duke and them. Then fome Letters were read, wrote by the Duke of Tori, and fent to the Archbimop of Canttrhury, Chan- cellor of England, dated from Royjion, in May laft, concerning his coming with an armed Force to meet the King, in order to redrefs the Grievances he had complained of: One of thefe was alfo figned by the Earls and Lords that accompanied him, and exprelTed their great Obeyfance and Submiffion to his Majefty. But, thefe Letters, it feems, were kept from the King's Knowledge, by the Duke of Somerfet, and others, until fuch Time as the faid Duke of York, csY. met with the King at St. Alkans, laft May, in order to have fpoke with him ; but that the Duke of Somerfet, and others, did refill: them with a great Number of armed Men, S 4 in (i) Thorpe was a Baron of the Exchequer ; and "Jofeph is called by Stifuie, for what Reafon we know not, the King's Collateral Companion, Stowe'* Chron, P. 400* The Duke of York and his Confederates de clared innocent, 280 The Parliamentary History King Henry VI. in which ConfiicT: the faid Duke of Sojnerfet was flain. Laltly, it was urged, that the Duke of York and his Allies, waited en his Mzjefty very civilly, and made their humble Obeylance to him after the Battle. Upon which the Duke of York, and all his Accom- plices, were acquitted of coming with him to the faid Conftidtor Battle, and of any Harm done at it. This was confirmed by the King, and the general Confent of both the Houfes, and ordered to be enrolled, July 23, in the 33d Year of his Reign. All the Bifhops and Lords were fworn to be true to the King, in open Parliament, tho' none of their Names are, as ufual, entered upon the Record. The fame Order was taken for all other Lords that ihould come to Parliament, to lake the like Oaths. At theRequeft of the Earls of Sali/hury, Shnivfbury, and Worcejier, and of the Lord St our ton, who were made Guardians of the Seas, by the laft Parliament, they were difcharged from that Office. And, July 31, the Archbifhop of Canterbury, as Chancellor, in the King's Prefence prorogued the Parliament from the fame Day and Place to the 12th Day of November en- fuing, at Wejlm'mjier ; after a general Pardon had been granted by the King, and confirmed by their Au- thority, for all Treafons, Felonies, Contempts, Tref^ pafies, &c. This is a pretty long Prorogation ; and as to what was done in the Interval, Hiftory being filent, we may conclude, that every Thing ftill continued in a feeming amicable Way. At the Time appointed, the two Houfes met again ; but here, it feems, the King was abient, for his Letters Patents were read the firft Day, conftituting Richard Duke of York to prefide in this Seflion ; which Commifilon was read publickly, firft before the Lords, and next before the Commons (t). November ft) The Preamble to this Inftrument is in thefe Words : Henricus, &c. Sa'atis quod cum Nos, undecimo Die Novembris ultimo fraterito, de Affenfu Conjilii nojiri, pro eo quod nos Parliamento nojiro, quod nono Die Julii ultimo pratterito apud Palatium nojirum Wefrmona- fverii tenuimus, & tricejftmo primo Julii tunc proximo fequente ufq; ad duodecimum Diem Novembris ultimo prateritum ad Palatium nojirum pra diiium prorogavimus &f adjerna-vimus, ob certas juftas, & rationabikt Qaufas, in Perjotia xofira interejfe nor pojfumus i De Of ENGLAND. 181 . November 13 th, a Member of the Houfe of Com- King Henry vi. mons, whom the Abridger of the Records calls, only, by the fingle Name of Barley^ with others, were ap- pointed a Committee from that Body, to go to the Lords, and require that the Duke of York^ and the Lords, might move the King to appoint an able Pro- tector and Defender of the Realm, fince he would not himfelf attend the publick Service^ and that the Com- mons might be made acquainted with his Perfon and Character. The next Day the faid Bur/ey, and others of the Commons, came again before the Lords and renewed their Suit about the Prote&orfhip ; as they did the Day after. Upon this, the Lords held a Confultation on the Affair, when it was refolved, that the Duke of York was the mod worthy for the Office ; and there- fore a Requeil was made to the faid Duke by the whole Houfe, that he would take upon him the faid Protec- torfhip, according to the Precedents ufed before on the like Occafion ; the Duke excufed himfelf from accept- ing the Office, but defired Refpite to confider of it. This Confederation took up but a very little Time ; for, the next Day, Burley and the reft coming, as be- fore, to the Lords, again repeated their Defire. To which the Lord Chancellor anfwered, that the King, with the AlTent of the Lords, had requefted the Duke of York to be Protestor and Defender of the Realm. The Duke accepted of it, and made the fame Protefta- The Duke ag^ln tion and Demand, as he did in the laft Parliament, and appointed m had the fame Anfwer. And, after the faid Duke had teftor " had fome Conference with a Committee of the Peers, appointed for that Purpofe, it was agreed, that he mould have, yearly, towards his Charges four thouland Marks. Only, he defired that it might be recorded, he fought not this Honour himfelf, but had it laid upon him by them («). But De Circumfpe&ionc & Indufiria carijjimi Confafiguinei nofiri Ricardi Ducts Eborum, &e. Dated Nov. 12, Anno Regni 34. Fad. Ang. Tom. XI. P. 370. (a) The Preamble to this Commiflion is^ill more remarkable than the tormsr. Rex, fe«. Cum Communitas Hegni nojlri AngHa; in prafenti Parlia- PHKtO 282 The Parliamentary History King Henry VI. But this great Power, we fuppofe, was thought too dangerous, to remain long in the Duke's Pofleffion j for a fmall Time after, before this Parliament broke up, the King came in Perfon to the Houfe ; and, as well by his Letters Patents, in the Nature of a Writ directed to Richard Duke of York, as by the whole Confent of But foon re- the faid Parliament, revoked and repealed the Power mov'd. of Protector and Defender, and chief Counfellor, be- fore committed to the faid Dukef*). And, at the fame time the King committed the whole Eftate, Af- fairs, and Governance of the Realm, to the Lords of his Council. Only, for Matters concerning his Perfon, they were not to proceed without making him privy to it. In this Parliament, the King, by feveral Letters Patents, confirmed to his young Son, Edward Prince of Wales, and his Heirs, Kings of England, his Crea- tion of the Principality and Earldom of Cbejler, with all the particular Dominions and Hereditaments belonging to the faid Honours. And, as it is recited, becaufe the faid Prince, the King's firft-born Son, on the Day of his Birth is, and ought to be Duke of Cornwal, the King de- livered up the fame to him, and all other Hereditaments belonging men to nojlro exijkns nobis fiepius bumillime fupplicavcrit & injianter per- fuaferit, ob reprimendas Injolentias, Rebellions, Murdra & Riotas qua indies di'verfis ejufdetn Regni Partibus attemptantur & committuntur, & ob bonum publicum T.'uitionemq:ie ejufdcm Regni ac Pacts nojirte, ncc ncn Tran- quilitatis Subditorum nojtrorum Confenvationem, inclinare & confentire •ve- limus Pcrjonam aliquant potent em & idoneum Protectorem & De- fensorem Regni nojlri pradiEli conjlituere & ordinate, ct/jus Sapientia & Indujlria, Poientia & "Jwuaminc, Regni Negotia melius, tutius & fe- licius dirigi & expedire valeant j Nos, Petitionem Communitatis prtediElx contemplantes , Infirmitateque, qua altiiTimo Salvatori noftro Perfonam noftram vifttare placuit, Impe- dimentum praeftante quo minus ad adtualem Executionem Prote£Honis & Defenfionis Regni noftri praeJi&i & Ecclefiae Anglicanee intendere pof- iimus, & fi plurimis vexaremur Negotiis, celerique Sanitati recuperandae Obftaculum foret, confi'ierata. De CircumfpeSiione & Indujlria carijftmi Conjanguinei nojlri Ricatdi, Duct's Eborum, Sec. A Claufe is added, that this Grant /hall be void, as foon as Edward his Son {hall arrive at Years of Difcretion. Dated at Wejlminjler, Nov, 19. By Authority of Parliament. Feed. Ang. Tom. XI. Pag. 369, 370. (x) This Inftrument is dated Feb. 25: Under it, , Per ipfumRegem & Con/ilium in Parliamento. Ibid. P. 373,. Of E N G L A N D. 2S3 belonging to that Dukedom. Alfo, it was ordained, King Henry VI. that the faid Prince fhall be at Dier, and live in the Kmg*s Court unto the Age of fourteen Years ; for the which Diet, the King fhall yearly take all the Reve- nues and Profits of the faid Principality, Earldom, and Dutchy of the faid Prince, until the faid Prince come to the Age of fourteen Years. Allowing yearly, to- wards his Wardrobe and Servants Wages 10,000/. unto the Age of eight Years ; and from that to fourteen Years 20,000 Marks yearly, with feveral other Provi- fions there exprefled, which were all confirmed by Par- liament (y). At the Requeft of the Mayor and Company of the Staple at Calais, Sir John Cheyney Knt. Victualler of that Town, who by the Appointment of the Council had delivered to the faid Mayor and Company certain of their Obligations, to the Sum of 2000 Marks, which they lent the faid Sir John, by Confent of Parliament, was acquitted of the fame. The King for 20,000/. borrowed of the Merchants of the Staple, by the Aflent of Parliament, granted to them the Repayment of the fame, out of the Cuftoms and Paflage-Dues in the Ports of Sandwich and South- hampton. A particular Allotment of 3934/. 19 s. ±%d. out of divers of the King's Revenues, Cuftoms and Fee- Farms, is allowed, yearly, towards the Charges of the King's Houfhold. A general A Duke of S:merfct, and their Friends • * had been of late a great Injuftice and Oppreflion to * the People. * That the King, who washimfelfa pious and good * Prince (z) Sam. Daniel by Ketwet P. 412. (a) See Statutei at large, Anno 33. Henry VI, Chap. I, 3, 7, Of ENGLAND. 285 * Prince, had been abu fed by t'hofe who counfelled and King Henry VI. \ advifed him, to his great Difhonour. * That the Duke of Ghcejier , v/hofe Memory had x been ftained with a Charge of Treaibn and Rebellion 6 fince his Death, was a true and faithful Subject both * to the King and Realm. « That all manner of Alienations and Gifts of the ' Revenues and Lands of the Crown, whether made by * the King himfelf, or Parliament, from the firft Year of ' his Reign, mould be revoked, and the faid Lands ' and Revenues renamed and taken into the King's * Hands (b). ' That no Perfon, or Perfons, mould judge or report * that the Duke of York, with the Earls of Salisbury ' and Wanvick, were guilty of Rebellion or Treafon, * in coming againft the King in a warlike Manner ' to St. Albans, fince the Action was neceflary, and * taken in Hand to free the King from Captivity, and * bring Peace and Safety .to the Nation; but ail the * Blame was to be laid on the Duke of Somerfet, Lord * Chief Baron Thorpe and William Jofepb, Efq; who out * of a malicious and evil Defign, kept a Letter fent by ' the Lords from the King's Knowledge ; which, if it <*had been delivered to the King's Majefty, would have ' taken away the Caufe of thefe Diforders (c). By thefe Votes and Adts, ('adds our Authority,) they made Way for the Refolution, which was the main Drift of all ; by which it was appointed, that the Duke of Tori, mould be Protector of the Realm, and the Earl of Sali/bury Lord Chancellor, and the Earl of Warwick Governor of Calais and the Territories thereunto be- longing. So that all Authority, Civil and Military, was (b) Hollingjbead, P. 644. Rafirt P. 580. {cj The Purport of the Letter was this : That as faithful and humble Subjects, they required only that it would pleafe the King, whofe Honour, Health, Surety and Prefervation, they chiefly wiihcd, not to give Credit to their Adverfaries malicious Suggestions, till their coming tohis Prefence j unto which they humbly befought him, that they might be admitted as his faithful Liege People, to ihew the Intent and Purpofe of their com- ing ; which was to no other End than to declare their Fidelity and Al- legiance towards his moft Royal Perfon } intending to put thcmfelves with much Diligence and Labour, to prccure him as much Honour, Health, and Safeguard as any Subjett living. Hall's Chrcr.. P. 644. 2 86 The 'Parliamentary History King Henry VI. wasina manner, put into the Hand, of the Confede- rate Lords, who made a kind of a Triumvirate, and Henry had only his Title of King, without any other Power. Under this Eftablifhment, the Lords were very Careful to adminifter Juftice impartially ; to avoid Delays of Suits, and to punifh Bribery ; in order to ingratiate themfelves with the People. An Hiftorian remarks, that they had no mind to de- ftroy the King, left they mould, fuddenly, provoke the Fury of the common People againft them ; amongft which fimple Sort, adds he, for his Holinefs of Life, and abundant Clemency, he was much favoured and efteemed (d). Thus far our Hiftorians; whofe Account, if com- pared with the Records, is fomewhat contradictory, tho' the main Syftem of this Demi-Revolution, feems to be fet in a true Light. But, this exalted Power, fo fnatched as it was, continued on its Bafis, but for a fmall Time, for the Queen foon found Means to over- turn it. Notwithstanding the Lofs of the Duke of Somerfet, and others, in the Battle at St. Albans, fhe had then feveral very eminent Lords in her Intereft j and, being a Lady of a mafculine Spirit, fhe was not afraid to undertake any Thing to keep up the Dignity of her Hufband's Crown. It is probable, that fhe caufed the King to revoke the Grant of the Protedtoifhip to the Duke of York, in the laft Sefiion of Parliament, before it was prorogued ; as it is particularly mentioned in the Records, tho' all our Hiftorians are filent about that, and, only fay, that the Duke and the Earl of Salisjbury were diiplaced from their great Offices, by an exprefs Order, under the Great Seal, fome Time after the Parliament broke up (e). It is not in the Compafs of thefe Enquiries to trace the Beginning, or Progrefs, of thefe inteftine Troubles, any further than the Parliament of England was con- cerned in them ; fome rieceflary Connections being al- lowed. The Queen and her Party being again reftor- ed to the Government, kept their Ground for fome Time \ { the 9th of Oclober foregoing. It appears by the Lift of the Lords, called to this Parliament, that it was wholly made up of thofe who were ftaunch Friends to the Houfe of Lancajier ; tho' the Archbifhops, Bifhops, &fo The T art: amcntary History King Henry VI. * dead, for whole Soul Mafs was faid publickiy in ' the faid Duke's Camp. The King's Expe&ation * of the Duke, and the Duke's ranging his Army in * Battle Array, Fortifying the Ground with Carts, * placing -Guns between them ; an Ambufh laid, ' and his Intention to have fuddenly furprifed the ' King's Forces. The Departure of the faid Duke ' and Earls out of the Field, about Midnight, under ' Colour to rcpofe themfelves at Ludlow ; and their ' Flight vMo'lVales, becaufe that their Army faint- * ed and fubrnitted themfelves to the King, who * granted them Pardon.' Wherefore, for thefe and many other Caufes, the faid Duke, Earls, and others, were attainted of Treafon by Parliament, and voted Traitors to the King and Kingdom ; Alice, the Wife of Richard En\ of ' SaVJbury («), Sir JVilliam Q!dhall y Knt. and Thomas Vaughcn, of London^ Efq; were, at the fame time attainted as Traitors, for procuring and aiding the Trealbns aforefaid. And all and lingu- lar Hereditaments, &c. of the faid Duke, and o- thers, attainted, in Fee or Fee- Tail, were adjudged to be forfeited 10 the Crown ; and their Heirs difinherited to the Ninth Generation («). Richard Gray Lord Pczvis> Sir Henry Radford Knt. and Walter Devereux Efq; were pardoned their Lives, for being in the Field with the Duke at Ludhiv ; but their Hereditaments, and other Profits, were forfeited as before. It was ena&ed, « That all Letters Patents, and ' Grains of any Office to any Perfon that was a- 4 gainfi the King in the Fields of St. Man: y * Blcrt-hcath^ and Ludloiv, mall be void ; and that * all Grams made by Richwd^Duke of York, o'r 4 by the Earls of Salisbury and Warwick to any * Perfons, 'being in thofe Fields againft the King, * be alio, void. Btt that ail Grams made by the ' King to Pcrfons with him in the faid Fields, may * ftand gcod ; fome Froviib's excepted.' At (in) He v.-as Eirl of Salisbury in Right of his Wife, who was Djughter and Heir to Thomas cU.Montacutc, the laft Earl of that Name. Dugdal t 's Barrage, Parti. Pag. 302. («) HOLLINCSHEAD, p. 652. DaNIEL ill KeNNET. p. 420. 0/ E.NGLAND. i 9 i At the Requeft of the Houfe of Commons, King Henry VI. Walter Hopton, Roger Kenijlone, Falk Stafford, William Haflings Son to Sir Leonard Ha/lings, Knt. and William Haves, Efquires, for being in the Field againft the King at Ludlow, paid their Fines, and were pardoned. At the fame time the Commons accufed the Lord Stanley, in fundry Par- ticulars, of being in Confederacy with the Duke of York ; and pray'd, that he may be committed to Prifon. Anfwer, The King will be advifed. After which a very folemn Oath was framed, A folemnOatn. which all the Bifhops and Lords, there named, takentoHeni T' did take, fubfcribe and feal, on the nth Day of December in full Parliament. The more private Tranfa&ions of this Parlia- ment, on the Record, are thefe ; The King, by the Authority aforefaid, gave to the Queen the Manor of Cor/ham, with the Appur- tenances in Wilts, and 20 /. yearly, out of the Aulnage of Cloth in London, in Exchange for the Manor of Havering -Bower in EJJex. All fuch Manors and other Hereditaments of the Dutchyof Lancafter, as arecomprifed in an Article made 23 Henry VI. which with other Heredita- ments of the faid Dutchy, were granted to Tho- mas Archbifhop of Canterbury, and to feveral o- ther Feoffees in Truft, for the Performance of the King's lair. Will, were commanded to pafs under the Great Seal, and were confirmed by Parlia- ment. Edward Prince of Wales, by his Petition, re- citeth the Ereclion, Donation and Annexing of the Dutchyof Cornwal, with all the Hereditaments and Liberties belonging to the fame, granted by Parliament ; and feveral other Patents granted the 1 1 th of Edward III. were alfo recited at large ; whereupon the faid Prince required, that he may enjoy the fame accordingly ; and, amongft other Things, that all fuch Tenants, as hold of the faid Dutchy, in chief, may therefore fue Livery out of the faid Duke's Hand, although they hold other- T % ways i^i The Parliamentary H i s To ry King H»nry VI, ways of the King in Chief; and that he may free- ly enjoy the faid Dutchy, with all the Revenues and Liberties of the fame, as it ought to be, not- withftanding a Statute, made Anno 33 Henry VI. all which were granted, by common Confent, with certain Provifo's and Exceptions. The King's Letters Patents were confirmed, by this Parliament, to the Provoft and Scholars of the College of Eaton , and as well all and lingular his Grants, as all other Men's Grants made to the faid Provoft and Scholars. The fame Confir- mation was made to the Provoft and Scholars of King's- College, Cambridge ; with a Provifion for a College called Pembroke- Hall, in that Univerfity. Likewife the Royal Foundation and Donation of the Priory of Syon, erected by King Henry V. was confirmed by the whole AfTent of Parliament. The Commons exhibited a Complaint againft twenty- five Knights and Efquires, by Name, of feveral Counties, for their manifold Robberies, Rapes, and Executions ; againft which Uriel Or- ders were taken to caufe them to anfwer for the fame. It was en.icled, * That all Letters Patents made ' to any Perfon or Perfons, of the Offices of She- ' riffs or Efcheators for Life, within the Counties ' of Chejier and Flint, be utterly void j except * certain Perfons there named.' A flrange. Aa In Laftlv, and what is very remarkable, ' An Act rogativc? thePlC " 4 wa ? pafled, Ik?* a' 1 ^ch Knights of any County, ' as were returned to this Parliament by vertueof * the King's Letters, without any other Election, ' mould be valid ; and that no Sheriff, fur return - * ing them, fhall incur the Penalty of the Statute * made Anno 23 Henry VI.' After all which, on the 25th Day of December, Jays The Abridgement, the Chancellor, in the Pre- J'ence of the King and the three Eitatcs, and by / his Majefty's Command, after giving Thanks to the whole Body, diffolved this Parliament. Thefe Of E N G L A N D. 293 Thefe were the Tranfadtions of this extraordi- King Henry vi. nary Parliament, extracted from the Records ; of which our Hiftorians are, almoft, altogether filent ; nor is there any Mention of it in the Statutes at forge, except, that we find an $.&. was made, in the next, to repeal and abolifh all the Proceedings of this Parliament at Coventry. It is very remarkable, however, what one cotemporary Hifrorian hath left us concerning King Henry's Conduit on the Bill of Attainder ; he writes, ' That when the ' Clerk of Parliament had read the Statute to the ' Lords, the King's Modefty and Love for Mercy ' was fo great, that he caufed a Provifo to be in- ' ferted and added to the Bill, That it night be * lawful to him, at all Times, fully, without Au- ' thority of any other Parliament, to pardon the /aid 1 Noblemen, and rejlore them again to their former * EJlates, Degrees, and Dignities ; if, with a Spirit * of Humility, they came to befeech bis Grace and ' Favour ( in * h * ■' i fmye'dChamhir- Within At Weftminfter. the Palace at IVeflminfter, and of the Lords and Commons, George Bifhop of Exeter [q), then Chancellor of England, made a notable Declara- tion, taking for his Theme, Congregate Populum'. & Sanclrpccte Ecclefiam, Joel z. At the Conclu- fion of which, the Commons were delired to chufe their Speaker, and prefent him tb the King. The next Day the Commons made a Declaration to the Chancellor, that they had made choice of a Speaker ; and, on the fourth Day of this Seffion, they prefented John Green, Efq; whole Excufc cho£n Speaker/ 1 ' te' m % tefufcd, he was admitted as ufual. The firfr Thing ,this Parliament went upon, was to ja&B an Acl to repeal the Jaft, held at Cwent/y, November 20th, Anno 3 8 Henry VI. and that (p) Rex cbarjjjimo Confanguineo fuo R{cardo Duci Ebor, &c. ' DcOMAle' 's\$ 'utv mens y Anno Regni 38. (q) Gtorgc Ncvile, Son to the Eifl of Salisbury, and Brother to the famous Earl of Warwick, afterwards tranflated to York. Le Neve, &c. Of E.N G L A.N D. xoj; that all Ads, Statutes, and Ordinances, made by King Henry vr. I the Authority of the fald Parliament, ftiall be re- jj verfed. For which this Reafon is afljgned, Beeaufe the Lte ParJia. /&tf Parliament was unlawfully fum/noned, ' and_ /foment at Coventry Knights and Burgeffei not Duely chofcn'{r). repeal'd. The Reader may obferve, by a Paragraph in the Account of the laft Parliament, that the King'- was' obliged to get the Sanction Of the Houfes to glofs ' over an undue Practice, in the Return of Knights of the Shires for that Parliament. It is probable that Henrys Credit was then at fp low an Ebb, that he durft not truft the Country, on fuch an important Occafion'; and therefore, fummoned the Knights by Letters, expreisly, from himfelf. This unwarrantable Proceeding imift be the firft, that the Duke of York and his Party would take hold of, to caflate and annul that terrible Bill of Attainder which was carried againir. them in that Parliament. And, fo effectually they did it, that the Adts and Statutes of the Parliament at Coven- try, have no Place nor Mention in our Statute- Books, except in the Repeal as is faid before (s). And now we begin with the' fir ft Time that Richard Duke of York made his publick Claim to \ the Crown of England, in the Face of an Engllfb Parliament. It has been many times hinted at TIie ^^ of before, in the Progrefs of; theft Enquiries, that hjs "Vork's Claim to fole Aim was to gain the Diadem' » -nbtwitbfhnd- the Crown > a c- ing the many fpecioiis Pretences of raifing Ar- R e r ^f St t0 Ule mies to reform Grievances, in order to hide his . real Defign. As this is a Criterion of Time, very remarkable in Englifl) Hiftory, and the Duke of York's Claim made valid, or difpa ted, by Writers ' of different Sentiments ; we fhall fir ft give what Sir Rsbert Cotton hath extratfed from the Records ; T 4 and (r} See Statutes- et Large, Anno 39 Hriiry VI. Cap. I. (sj In the ruLlh A3} is a Mandamus • .lent to the Sheriffs, &c. thro' England, comftianoing tnem to malts Proclamation in their feveral Divih.>ns, that the Acts ' ©V. done at Co-v;i:!ry are' null and void. Dated at Canterbury, AuguA 8, 146c, Autioritate Parliamxnti. Feed, Ang. Tom. XI. P. 460. 196 The 'Parliamentary History King Henry VI. and next, what our beft Hiftorians have left us about ir. On the 1 6th Day of Oclober, the Council for the Duke of York exhibited a Writing to the Lords, in full Parliament, containing the Right and Claim of the faid Duke to the Crown of Eng- land, and Lordfhip of Ireland. The Lords, upon fome Confultation amongft themfelves, agreed that it fhould be read, but not to be anfwered without the King. The Duke, in his Claim, derived his Pedigree from King Henry the Third to King Edward the Third, and proved himfelf defcended in a right Line from Lionel Duke of Clarence, third Son to King Edward the Third, by which he avouched himfelf the undoubted Heir to the Crown before any of the Line of John of Gaunt, who was, only, the fourth Son to the faid King Edward. The Lords, after a long Confultation thought proper to lay this Claim and Title before the King, who defired them to call the Judges, King's Ser- jeants, and the Attorney- General, to anfwer the fame. But they, well conlidering the Danger in meddling with this high Affair, utterly re- fufed to be concerned it. Upon which an Order was made, that every Peer might freely and in- differently fpeak his Mind, without Fear and Im- peachment. And, in the End, the following Ob- jections were made to the Duke's Claim, ob'efti to his ^ ' ^e Oaths of all the Lords taken to the Title. * King in being, and, particularly the Oath of ' the Duke himfelf.' II. * The feveral A6ls of Parliament made a- ' gainft the Title of the faid Duke.' III. * Several Ads of Entail made of the Crown « of England.' IV. * That the Duke, by pretending to draw ' his Title from Lionel Duke of Clarence, fhould 'rather bear his Arms, than thole of Edmund « Langley Duke of York? Laftly, 0/ E N G L A N D. n 9 7 Laftly, ' That at the Time Henry IV. took King Henry V r. * upon him the Crown of England, he had the ' fame, not as Conqueror, but as right Heir to ' King Henry the Third.' The Anfwer which Richard Plantagenet, com- monly called Duke of York, gave to the Objections aforefaid, was as follows : Firft, f That no Oath, being the Law of Man, TheDuke ' s *** ' ought to be performed or kept, when the fame wer ' ' tendeth to the Suppreffion of Truth and Right, * which is againft the Law of God.' ' To the fecond and third, he knoweth no o- ' ther Afts of Parliament than one, Anno I. Hen- ' ry, IV, touching a general Tayl by him a Wrong- ' doer ; for if he had any Right to the fame, he ' neither needed, nor would have made fuch an « Entail.' ' To the fourth, hejuftly might have born the ' Arms of the Duke of Clarence, and of. England \ * only he forbore the fame for a Time, as he did 4 his Claim to the Crown.' 4 The Fifth, being a manifeft, and an approved ' Untruth, was only a Cloak to fhadow the violent ' Ufurpation of Henry of Derby.' After this Anfwer of the Duke, to the Objecti- ons againft his Title, was read in the Houfe, the Lords went upon Ways and Means to compromife Matters, and came to this Refolution, That the King jhould enjoy the Croivn of England, during hh Life ; and that the Duke and his Heirs flmtldfuc- ceed after him. Which Determination the Chan- cellor was appointed to declare to the King. And The Parliament the Duke oi York's Pedegreeanu Title being again JS^S t0 repeated tc him, the Kingconiented to this Award ; Crown, after and it was drawn up in Form following; Henry's Death. ' Firft, That the King mould, during his Life, ' enjoy the Crown and Preheminence of the ' Realm of England. * That the laid Duke, the Eari of March, and * Edmund Earl of Rutland, his S ->ns, mould be ' fworn by no means to (borten the Days, or impair the 2 08 The Parliamentary History . * Kirns Hew* VI ' the ' Sovereignty of the laid King, during his 4 Life.' 4 That the faid Duke, fhould be from thence- * forth reputed, andftiledy the very Heir apparent * to the Crown aforefaid, and fhall enjoy the fame 4 after the Death, or Refighation, of the faid King. -5. That the faid Duke, fhall have Lands and 4 Hereditaments allotted to him of the clear yearly 4 Value of 10,000 Marks; that is, 500D for 'him - * felf, 3500 for the Earl of March, and 1500 * Marks for the Earl of Rutland. 4 That the Compafling the Death of the laid 4 Duke •fhall be Treafon. ' That all the Bifhops and Lords, in full Par- 4 liament, fhall fwear to the faid Duke and to his * Heirs, in Form aforefaid. * That the faid Duke, and his two Sons, fhall ' fwear to defend the Lords on this Agreement.' The King, on his own free Motion, and Con- fent of the Lords, agreed to all the Ordinances aforefaid. And, by the Affent aforefaid, he ut- terly repealed the faid Statute of Entail, made An- no 1, Henry IV. lb, always as, hereafter, no better Title could be proved for the defeating of 1 this Ti- tle and Act. After all this, on the Vigil of the Feaft of All Saints, the Duke of Tork y and the two Earls.* his Sons, .came into the Parliament, before the King and" Lords; and there both promifed and fwore, to perform the Award aforefaid ; provided, the King, on his Part, duly performed the fame ; which the King, then, alfo promifed to do. All which Pro- teflation the Duke and Earls. required to be enrolled. Then the King, by hisLetters Patents, affigned to the Duke of tifik feveral Diftricts and other Hereditaments in ' Wales, and eliewhere, to the yearly Value of 1 0,000 Marks, as aforefaid; in which Grant are fbme Provilb's, particularly, for the Dutchy of Lancafler. All this was confirmed by the full Confent of Parliament ; and, an Aft was published ' declaring the Duke ol-To^k ro be ' right Heir to the Crown ; by which, ' alfo, a 1 Power y,0/ ENGLAND. i 99 ' Power was given hirh, to ride thro* the whole King Henry VI. c Kingdom, for fuppreffing of all Rebellions and * Infurrections j wherein Commandment is given ' to all Sheriffs, Officers and Subjects, to obey * him as the King, under fome Reftri&ions.' .An Affair or two, of lefs Confequence, concludes the Bufinefs of this Seffion in the Records. .,,, ?(JT Whereas for iuch Hereditaments, of the Dutchy of Lanca/ier, which the King had put under Feoffees in Truft, to the Ufe of his laft Will, there was appointed one chief Steward and Chancellor, one Receiver-General, an Attorney-General with Au- ditors, with Fees accordingly ; the King by Aflent of Parliament, revokes all the laid Offices and Fees in the faid Grant, fo as all the laid Pre- miffes in Feoffmentfballbe under the Rule and Government of luch Chancellors, and other Of- ficers, as were and had the fame, before the faid Feoffment was made. And, it was further en- acted, f. That all the Revenues of the Dutchy of Lancalhr, as well of Land and Feoffment, as o- therways, fhall be received by the Receiver- Ge- neral of the faid Dutchy, for two Years, and by him paid over to the Treafurer of England '; with other weighty Affairs of the Realm, wherein are contained fome principal Provifions for Foreigners, and Officers of the faid Dutchy.' Laftly, ' all the Conveyances and Feoffments, in Ufe for all the Hereditaments, mentioned in the 38 of Henry VI. were rehearfed ; and it was enacted that all and lingular the Premifles fhall go only to the Perfor- mance of the King's Will, and not otherwife.' One only Act, made in this Parliament, is enter- ed at length in our Statute-Books, /which is ; ' That a Woman at fourteen Years of Age, on c the Death of her Anceftor, fhall have Livery of * her Land.' This Act was palled, fays Sir Ro- bert Cotton , on the Petition of John Nei)U, Knt. and Ifabel his Wife, the Daughter and . Heir of Edmond Goldjlhorp, Knt. Thus far the Records. We fhall next examine how cur Hiftorians have treated this important Af- fair, 3 oo The Tarliametttary History King H«nry VI. fair of the Succeflion, which was the greateft that ever came before an Enghfb Parliament. And firft, Mr. Daniel tells us, that after the victori- ous Lords, who had now the King in their Power, had caufed him to call a Parliament, they fent MeiTengers, with all fpeed, to Ireland, to inform The Duke's tnc Duke of York of their Succefs. Ambition,y&y* Claim, as related our Author, needs no Spurs ; the Duke prefently byHiftorians. embarked himfelfand his Retinue at Dublin-, land- ed at Chejler, and October ioth, made his public Entry into London ; with Trumpets founding, a naked Sword born before him, a great Train of armed Men accompanying him ; and took up his Lodging in the King's own Palace, and in his own Apartments, the humble King contenting himfelf with the Queen's Lodgings. The Parliament had fat three Days before the Duke arrived ; and tie having pafled thro' the" City, in the Manner aforelaid, went direclly to Wefi- minjier, into the Houfe of Peers, and placed him- felf on the King's Seat or Throne ; tho' other (/) Hiftorians fay, that he did not fit down, but only took hold of the Cloth of State. He flood a while in that Polture, looking upon the Lords ftedfaftly, as tho' he would read their Counten- ances, their Thoughts, and Resentment of that Action. At that Inftant, Thomas Bourchier, Archbifhop of Canterbury, came from Henry in- to the Houfe, and after making the uiual Reve- rence to the Duke he afk'd him, Whether he would not go and pay his Rejpecls to the King ? The Duke, at this Queftion, was obferved to change Colour, and then aniwered him in a Pallion, That he knew none in this Kingdom, to whom he owed that Duty or Honour j. but, en the contrary, ail Men ozu'd it to him ; and therefore King Henry ought to come to him. The Archbifliop, having heard this Reply, went back to the King to let him know it ; which the (f)BlONlu's IletiryVl. P, 172. Of E N G L A N D, 301 the Duke perceiving, he rofe up and followed him King Henry VI, into the Palace, got Pofleflion of the King's Lodgings, breaking open feveral Doors and Locks for Entrance. He ftaid there but a little while, and then returned to the Houfe again, leaving his Servants and chief Attendants to keep them for him. Being, again, feated on the Royal Throne, he boldly made his Demand of the Crown and the regal Authority of England, in a Speech for that Purpofe. Hall, in his Chronicle, hath given us a Speech, which he fays the Duke of York fpoke from the Throne, in the Houfe of Peers, when he made his Claim to the Crown at that Time. But, the Subftance and Language of it, is fo very mean, that it does not deferve pur Notice, not even as it is altered by Mr. Daniel ; efpecially, when the Claim, hath been much better made out by the Record itfclf. Livy is faid to be very remark- able for putting fine Speeches into the Mouths of his Heroes and Senators; but the Non-fenfe, and Stupidity of this makes it impoflible to come from any Body but the Hiftorian himfelf (u). Befides, John Wethamjlead, Abbot of St. Albans y a Cotem- porary, and probably, by his Station, in the Houfe of Peers at that Time, makes no mention of any fuch Speech, in the Hiftory he wrote of this Reign ; and, particularly, of this Revolution (#). The (a) As an Inftance, in the firft Paragraph of it, is this remark- able Expreffion and Metaphor, This noble Realm, and our natural Country, Jhall never be unbuckled from her daily Fever, except I, as the principal Phyfician, and you, as the true and trujly Apothe- caries, confult together in making of a Potion, and try out the clean and pure Stuff, from the corrupt and putrified Drugs. Hall's Chron. *'ol. C.LXXVII. See Hcllingjhead, alfo, P. 655. (x) The Hiftory of Croyland, near Cotemporary with thefe Times, frems to fay that the Duke of York did make his Claim in the Houfe, by Word of Mouth; Accedens ad Thronum Regis, Sedcm illam •vcndicai'it tanquam Juam, dejeribens Genealogiam j'uam line- tlitcr, &c. Hist. Croyland Contin. 550. Tin 302 The 'Parliamentary History King Henry vi. The French Jefuit, indeed, has put a Speech into the Duke's Mouth, on this Occafion, not un- worthy either of the Speaker or the Author, for fuch we fuppofe him to be ; which, fince it comes within the Compafs of our Defign, well - deferves a Place in thefe Enquiries. It was fuppofed by the Parliament, fays that Hiftorian, that the Duke would now take offthe Mafk; but they were perfectly convinced of it, by an open Declaration, which he himfclf made to them, the firft Time he entered the Houfe. For, being feated on the Throne, without afking Leave of any one, he fpoke as follows; (y) You all know very well, fays he, that the 'Throne whereon I fit hath been ufurpcd from my . q , Anceflors; and you cannot be ignorant , by what Parliament. ° ° Crimes, thofe who had it full Sixty Tears, have kept PoffeJfiOn of it. Henry the fourth embrued his Hands in the Blood when all the Eftates yielded themfelves o- ritcd. beyfant Subjects to the faid Edivard IV. and his Heirs for ever ; affirming the Reign of Henry JV. to have been an Intrufion and Ufurpation. It was alfo enacted, that King Edward IV. was feized of the Crown and Profits of the Realm of Eng- land, from the faid 4th Day of Anarch, in luch Sort as King H chard II. enjoyed the fame, in the 23d Year of his Reign. In which Act is one Provifion, and one general Provifion for all Men's Rights, except thole who claim by Grants from Henry IV. Henry V. and Henry Nl(l). The faid (k) M. Rafin obferves on thefe Proceeding;, ' That feveral fore- * going Inftances demonstrate, that the Parliaments of England 1 never attempted to f\\ erve from that vholefome Principle of de- ' claring for the ftrongeft j and adds, that what we /hall fee in ' the Sequel of this very Reign will frill farther confirm it.' .,35, • R a pin's I'.iJ}. of England, Fol. Ed. P. 597. (I) The Act of Parliament, which is very long, bears this Title amongft the Statutes at Large, viz. Which AEls, done by King Henry IV. V. and VI. or by ethers during their Reigns, jhall continue good, and lubich not, Cap. 1. The Preamble runs thus : ' For the Efchewing of Ambiguities, Doubts, and Diversities of ' Opinions, which may rife, eniue, and be taken of and upon ' Judicial Afts, and upon Exemplifications of the fame, made or 'had Of E N G L A N D. 315 faid Henry of Derby* other wife called Henry IV. King Edward IV. and the Heirs of his Body coming, are by this Act utterly difabled to enjoy any Inheritance, Eftato, or Profits, within this Realm or Dominions of the fame for ever. And thus, fays an Hiitorian, it is remarkable that the Law, in this and in the Attainder that followed, reached Henry, even, under the Shelter of a King de Faelo (m). Then a whole Recital of the Concord, or A- greement, made between Henry VI. and Richard Duke of Tori, Anno 39, Henry VI. was read, and the Breach of it by iundry Means was declared. By which Breach it was, alfo, declared, that King Edward IV. was difcharged from the faid Con- cord, and that no Article of it mould bind him, as King, to that Agreement. Mr. Habington in his Life of King Edward the Fourth, fays, that at his Coronation, being feated in the moil perfpicuous Place of the Great Hall at IVeJlminjler, he himfeif made an open Declara- tion of his double Title to the Crown. * Firft, * by Defcent, as before mentioned ; and next, by ' Authority of Parliament ; which, upon Exami- ' nation of the late Duke of York's Title, confer- * red the PoiTeflion of the Kingdom immediately * on him or his Heirs, when Henry VI. mould c make Forfeiture of it, by Death, Refignation ' or Breach of that Accord fworn there fo folemn- * ly between them. And that this Accord was ' broken, the Slaughter of the faid Duke, opprefs'd * with unequal Numbers of Henry's Party, at * the Battle of Wakefield, did but too fadly mani- * fell. Never thelefs, he protefled he would forego ' the ' had in the Time or Times of Henry the Fourth, Henry the Fifth * his Son, and Henry the Sixth his Son, or any of th-m, late ' Kings cf England fucceflivcly, in Deed and not of Rifchc, * £fc* There is only another Aft in the Statute Books made this Par- liament, which was, that Juftices of Peace may award Procek ujion Indictments taken in a Sheriff 's Tourns. Anno i. Edward IV. Cap. z. (*) Collier' s EccleJIaJi. Hifi. Book VII. P. 679. Attainders with out Number. 3 1(5 The Parliamentary History king Edward tv. ' the Juftice of his Claim, rather than enter up- 4 on it without their free Vote. At which, una- ' nimoufly, the Aflembly cried out, King Edward, ' King Edward ; joyful that their Voices m'ght 4 confirm him King, who had deigned them fo *" humble a Compliment, as to profefs that he 1 would not receive the Title without their Suf- ' frage.' In another Place, the fame Author makes this Remark, that ' Perhaps this Ceremo- * ny did then appear needful, in regard the fame * Voices had vowed Obedience to another. O- ' therwife, whofoever mall alledge that the Suf- *" frage of the Multitude is neceffary to confirm a * Prince, deftroys the Right of Succeffion, and in ' that the Monarchy, which fo long and trium- * phantly hath ruled' this Nation.' But, to return to the further Proceedings of this Parliament. Next follows a long Bill of Attainder of divers Perfons for the Death of Richard Duke of lark, and others ; particularly, Henry VI. Margaret late Queen of England, Echvard called Prince of Wales, Henry late Duke of Somerjet, and Henry Earl of Northumberland. Reciting, that William. Lord Bonevile, Sir Thomas Kurid, Knights of the Garter, and Sir WilVam Gower, Knt. Standard- Bearer to Richard Duke oiYori, were againft Law beheaded and murdered. Another Bill of Attainder was pafled againft Thomas Courtney late Earl of DevcnJJjire, Thomas Lord Rods, John lace Lord Nevile, Baldwyn Fuljl- hurjl, Alexander Hedie, Nicholas Latimer, James Lutterel, Edmond Mount fort, Thomas Fundem, Henry Leiv's, John Heron of Ford, Richard Tunjlal, Henry Bellingham, Robert Whittingham, Knights i Andrew Trollop, late of Guinejcoe Efq; with feveral other Efquires, Gentlemen, and Yeo- men, for being at the Death of the Duke of Tork y at Wakefield, the 30th Day of December laft paft. And, Henry, Duke of Exeter, William, Vifcount Bsaumont, John Gray, late Lord Rougemont, Randilf Of ENGLAND, 317 Randolf, late Lord Dacre ; Humphrey Z)///p Wentworth, William Raivkejley, Edmund Hampden, Thomas Findrey, John Courtney, John Osmond, alias Botler, William Midey, Simon Haynes, William Holland, called the Ballard of Exeter, Thomas Ormond, alias Botler, Thomas Everingham, Henry Roos of Rockingham, with feveral other Efquires, Gentlemen, Yeomen and Priefts, were attainted for being againft King Ed' ward IV March 29. laft, being Palm Sunday, in the Fields called Saxton Fields,, and Towton Fields, in the County of TcrL King Henry VI. Queen Margaret, Prince Edward and fome others, there named, are at- tainted, for delivering up the Town of Berwick, to James, King of S^ts, on the Feaft of St John the Evangelijl laft paft. Likewife, for praftifing to deliver up the Caftle and City of Carlijle to the Scots. And the laft named Perfons, with Jafper, Earl of Pembroke, James, Earl of Wilts, Robert, Lord Htngerford, with certain Priefts and Friars, were alfo attainted, for pro- curing Foreign Princes to invade the King and Realm. Henry VI. with certain Perfons afore-named, John Forte/cue, William Talbois, and other Ef- quires, Gentlemen, Priefts and Friars, were at- tainted, for being in the Field againft King Ed- ward IV. in the Bifhoprick of Durham, the 18th Day of June laft paft. And the Duke of Exeter aforefaid, Jafper, Earl of Pembroke, and others, were attainted for railing War againft the King at Tubal, beiides Caernarvon in Wales, on Friday next after the Feaft of St Edward laft paft. The Attainder and Forfeiture of all and lingular the Hereditaments of the aforefaid Henry VI. and namely of all the Land belonging to the Duchy of Lancafter ; that the faid King Edzvard IV. fhall hold the faid Duchy and County Palatine of Lancajler, to him and to his Heirs Kings of Eng- land, with all Offices and Liberties to the fame belonging 3 J 8 The Parliamentary History KiDgEJw.-nd iv. belonging, feperate from the Crown; and that the Tenants of the faid Duchy do enjoy all their Liberties, in fuch wife as when Henry VI. held the lame on the third Day of March laft. And Reftitutions. After paffing all thefe Bills of Attainder and Forfeitures, the Patliament went upon A els of Reftitution ; and the whole Procefs and Judg- ment, as well by Parliament as otherwife, againft Richard^ Earl of Cambridge, and feveral others, was utterly made void and repealed. The like Judgment in Parliament againft John Mon- tague, late Earl of Salisbury, and Thomas, Lord Defpencer, was made void ; and Richard, Earl of IVarwick, and Ann, his Wife, the Daughter of Ifabel, Daughter and Heir to the faid Thomas, in Right of the faid Ann^ was reftored to all the Hereditaments of the^faid Thomas. Alfo, Alice, Countefs of Salisbury, Daughter to Tho- mas Montague, late Earl of Salisbury, Son of the faid John, was reftored to all the Hereditaments of the faid John. Laftly, Thomas Lumley, Knight, Son to Ralph Lumley, Knight, was alfo reftored to all the Hereditaments of the faid Ralph, and the Judgment againft him, made void. Thefe were all, or moil, of the A£ts and Ordi- nances which palled this Parliament. At the Clofeof the Seilion the King came to the Houfe, and lending for the Commons, after they had given their Aflent to the Attainder .Bills and the reft, addielied himieif to them as follows'. ■ 3te8ff £?trantoap3, ano pe tljat be commpn ftr-tfje Common of tljis mp ?LenD, Edward's Speech Y?£D2!l ff?C frltf §tTt?8 atlD tCHECf GtcJtfftjeW- to his firii Far- Jp tims tljat vz rja'oe rjao to mp SK&fytanD liament. m>&, tljat p ftttO 1ttp ZWKtQjXjS fjafo? l)SD UtlfO tlye Corcnne cf tlyis 3Seame, tlje tofjictfj from vs |ate been long Sime rjottfjolDe* 3iuD notee rljanfcro be aimpgljtp <&oti, of toljejs* <3me Src&tfh all eiitforp, bp prure true i&ms ana Elite Mifrntf, p am refeeo unto tyajt ttjat Of E N G L A N D. *tj tljat i# mp Bight anD STitie, taherefcre p tljanke King Edward rv. pou a£ Ijtrtelp as p can. 3llfo for ti)e tenDer anD true ifievtes that pe Ijatoe fljetocD unto me, in that ye fjabe tenDerlp Ijat) in :Kemera- braunce, tlje Correction of the horrible furore ano cruel Betlj of mp iioro my tfaoer, mp brother KutlanD, anD my Cofpn of ^aipsburp anD oiljer, p tljanke pou right hertelp, anD p fljalt be unto pou toiri) the^race of lllm:ghtp C5oo, a0 gooD ano grat;ou£ ssjcfcereign iioro a* euer teas enp ofmp noble ^drogenitours to their &ubgette# ano i iegemen. SnD for rlje fcitljfull anD lobpng igertesf, anD alfo tije grete ^labours that pe ha *e bnrn ano fufiepneD totoaroa me, m tije recouering of mp faiD Bight anD Eitle tohich p n :to poiTeDe, p tljanke pou toitl) all mp *|erte, anD pf v fjaa enp better (25 OD to retoaro p u toitfj ail thm mp Boop pe ujulD fjafce it, tije toh'fj ^all altoep be reDp for pour ©efente, neber fpar.ng nor letting for noo j^po* parD;c. £ raping pou all of poure hertp 3im£* tens anD geoD Contt nuance, a# p ft:all be unto pou poure fcerap rigljtfcmffe anD lobpng liege &orD. This honeft and well meaning Speech, we have chole to give in the Language and true Orthography of the Times. And, left it mould be faulty in the Abridgment, we have procur'd a faithful Copy from the Roll itfelf ; which, by comparing, will be found to differ fomewbat s both in Senfe and Spelling (»). After the King had ended his Speech, the Record tells us, that the Lord Chancellor flood up, and declar'd, that fince the whole Bufinefs of this Parliament was npt yet concluded, and the approaching Feftival of Chrijlmas would obftrucl it ; He, therefore, by the King's Command, prorogu'd the Parliament to the 6th of May next enfuirig. At the fameTime he told them, the;King had put out a Proclamation againft giving of Liveries ( » ) For this and many other Favours, we are oblig'd to that curious and learned Antiquary, George Holmes, Eiqj Deputy-Keeper «f the '.Re.cqrdi, and F.R.S, 320 The 'Parliamentary History King Edward iv. Liveries and Badges, contrary to Law, alfo againft Maintenances, Robberies and Murders ; all, and every of which, the Bifhops, Lords and Commons, there prefent, promis'd to obey, and to fee obferv'd throughout the Kingdom. Thefe were the Tranfaclions of this firft Par- liament called by this King, as they ftand on Re- cord ; and of which few or none of our Hiftorians have taken any Notice. The Hijlory o/Croyland, indeed, near cotemporary with thefe Times, obferves, c That Edward having gain'd the laft ' Victory near Tadcajler y kept his Eajler at York * with great Splendour ; and having fettled all ' Things to his Mind* for the Prefervation of the ' North, he return'd to London, where he was * foon after crown'd at Wejlm'uifter : That in a * Parliament, caU'd immediately after, almoft * every Act of State, that had been done by the ' three preceeding Kings, was refum'd or annuli'd : ' That all the Coin of the Kingdom, both in ' Gold and Silver was chang'd and new ftruck, * th:it, at length, the very Name of Henry 1 might be blotted out : That by the Ail a- * forefaid, two Charters of PofiefTions and Li- ' berties granted to their Abby by King Henry ' the Fifth and Sixth, were rendered abfolutely e invalid : And, that in thofe Days, the King- * dom was redue'd to Obedience^ for which ' Mercy, granted from Heaven againft its Ene- ' mies, Thankfgiving to Almighty God was ' tendered by every one(o).' He distributes the At the Clofe of this Parliament, Hiftorians tell J^£j; us, that Edward beftow'd great Largefles to his Frkads. Friends, cut of the Eftates forfeited by his Ene- mies (/>). Nor were Honours and Titles wanting to (o) Pacatum eft igitur Regnum Dicbus iftis, et pro concejfa ceclitiis de Tnimicis Triumpho, univerji Populi Gratiarum jiBiones reddidcruvt omnipotent i Deo. Hist. Crovland Continuatio. Ed. Gale. P. 533. (j>) jut, ut eft in veteri Verba, laborantem AgricoUiq opor- tct primum de FruBibus pcreipcrc, primum omnium de Ser.terttia et AuBoritnte Concilii , fuis Militibus bene mentis Agros il'oritm, qui Kenrici Partes j-j'ebantur, diftribait, See, Pot, VrRC. liift, Ang. P. 513. Of ENGLAND. 321 to particular Perfons, whom either Proximity of„. w _, , v Blood, or Merit, had render'd dear to him. His ing two remaining Brothers, George and Richard, be created Dukes ; the former of Clarence, the other of Glocejler. John Lord Nevile, Brother to the Earl of Warwick, he made Vifcount Montacvte, afterward Marquefs of Montacute. Henry Bour- chier, Brother to the Archbifhop of Canterbury, was created Earl of EJfex ; and William Lord Fauconberg Earl of Kent : He rais'd feveral others to the Title of Barons, and honoured many with Knighthood. Punimments fucceeded to Re- wards ; for John Earl of Oxford, Aubrey de Vere t * his Son, Sir John Tiddenham, Knight, William Tirel and Walter Montgomery, Efquires, were, without any Trial, attainted and convicted of Treafon, and beheaded on Tower- Hill (a). Though the great Earl of Warwick, is not men- tioned here as receiving any higher Titles and Rewards; yet, a Cotemporary Hiftorian (;•), af- fures us, that he was not without an ample Share of the latter. He had feveral Manors and Lord- fhips beftowed upon him by the King; fome out of Crown Lands, and others that were confifcat- ed. He was conftituted Governor of Calais, and had other great Offices ; fo, that our Author has himfelf heard, that he received annually in Pen- iions, and thefe kind of Profits, Eighty Thoufand Pounds, befides his own Inheritance. All thefe enabled him to fpend the moll in Hofpitality, that ever any Subjeft did before him ; of which our older Chronicles give fome ftrongand familiar Inftances. But, an unwarrantable Defection, after- wards, from the Family who hall beftowed thefe Gratuities upon him, loft this great Mas his whole Income, and his Life into the Bargain. Some new Commotions happening about this Time, prevented King Edward from meeting this laft Parliament, at the Time of the Prorogation. Therefore, it is entered on the Roll, that on the Vol. II. X fixth (q) Hall's Chron. Anno 1461. Habington in Kennett. P-433- \r) Lts Mtmtira de fh.il. ds. Commincs, Livrc, III. Cbaj>. Vh 3aa Tloe Tarliamentary History King Edward rv. f ixt h j) a y f ^/^ j n t h e f eC ond Year of this Reign, becaufe the King could not attend to be there, Thomas, Archbifhop of Canterbury, by the King's Letters Patents, diflblved the faid Par- liament. Dugdale has* given us a Summons, to a Parliament at York, to be held the 5th Day of February , Anno ?.. Edward IV. and another the fame Year to Wejiminijler the 29th of April, but no Notice is taken in that Author, of any other Parliament, till the 6th of this King. Ann0 J^ egni 3* However, the Abridgment gives us the Proceed- At wttftoinfter. ' n £ s °f a Parliament fummoned by Writs, dated February 28th, to meet alWeJl minder the 29th of •April, Anno 1. Edward, IV. When and where being all met, as ufual, George Bifhop of Exeter, then Lord Chancellor, declared the Caufe of the Summons in a fet Speech ; after which he di- re&ed the Commons to choofe a Speaker ; and on the third Day of the Seffion they presented John Say, Eq; John Say E(q\ who was accepted. chofen Speaker. The only material Tranfaclion of this frrfl Sef- fxon of Parliament was, to grant the King an Aid a Subfidy. of 37,000 /. to be levied in the Counties, Cities and Towns, according to a Rate there expreffed. And, on the 27th Day of June, in the Prefence of the King, Lords and Commons, the Chan- cellor, by his Majefty's Command, gave Thanks to the Commons for the Subfidy granted, and prorogued the Parliament from the fame Day un- -to the fourth of November next, at Wejlminjier. On the faid 4th Day of November, Thomas Archbifliop of Canterbury, the King's Kinfman, by his Letters Patents, held and continued the parliament ; and the fame Day the Chancellor told them that the King, out cfhis meer Grace, releafed unto the Commons 6oco/. Parcel of the Grant aforefaid ; vv hereupon it was enacted that 31,000 /, mall be levied in Manner of a Ftfteenth % jjnd be called by that Name. And then the Chancellor, in the King's Name, and as his Lieutenant* adjaum'd Ihe- faid Parliament, from lhac Of ENGLAND. 313 that Day to the 20th of February enfuing, atKingEdwardtv. York. At which Time and Place being again aiTem- bled, William (/) Bifhop of Lincoln, by Com- mand of William {t) Archbifhop of York, the King's Commiflioner, by Letters Patents, held the faid Parliament, and adjourned it over from the laid Day, to the firft Day of May next enfuing, at York as aforefaid. The Realbn for this laif. Ad- journment is faid, in the Abridgment , to be becaufe that fome Confpiracies and Rebellions being raifed againftthe King in Glocejlerjhire, he wasobl'ged to go in Perfon to fupprefs them. On the firft of May the Lords and Commons Anno Regnl 4. were again aflembled, in the great Hall, within 1464- the Palace of the Archbifhop at York. The AtYork - King's Letters Patents were read, conftituting and appointing Richard Earl of Warivick and the Earl of Salisbury, his Commiflioners to hold and » continue the faid Parliament, from the faid firft Day of May to the 25th Day of November following; and upon reading thereof the Abbot of Fonntain's, by Commiflion under the Privy Seal, adjourned the fame accordingly. The Caufe of which laft Adjournment, isafligned to be, that the King was bufily employed, in the more Northern Parts, for the fuppreffing of Rebels, and Defence of the King- dom againft a foreign Invafion. On the 25 th of November, at the fame Place as before, the Parliament once more met, when the fame Commiflioners were appointed, to hold and prorogue the laid Parliament, from that Day to the 26th of January next enfuing, at Wejiminfier , and the Abbot of St. Mary's in York, by the King's Appointment, prorogued the fame accordingly. Thefe Interruptions and diftant Adjournments X 2 were (fj There was no William Bifhop of Lincoln, according to Le Neve's Fafii at that Time. John Ckedwortb was then Biihop, and died fo, Anno 147 1. (t ) This was William Bootbe, who died the next Year, Anna 1464 and- was lucceeded by George Ncvile, Brothel? to the Earl of Wat-wick, Le Neve's Fafii Eccle/iar Ar.g. ■ 324 The Tarliamentciry History King Idwwd IV. were occafioned by the Unileadinefs of the Times ; Edward, tho* in Pofleflion of the Crown, yet it was not fo firmly fixed on his Head, but his Enemy . Margaret found means to fhake it. Some Aids {he had from France, but they were difcomfited on their Landing in the North, by the Baftard Ogle. However, by giving up Berwick, and fome other Fortrefles on the Borders, to the Scots, fhe got fome Forces in that Country, and marching into Nor- tbumberland with them, took the Caftle of Bam- burg, and parTed forward to the Bifhoprick of Durham -, her Army daily increafing. But they Edward defeats were met with, and defeated at Hegeley-Moor, by ^Armies raifed Yi\n% Edward -, and another Army which was fol- asam lowing with King Henry , underwent the fame Fate at Hexham, in Northumberland', Henry him- King Henry felfwith much Difficulty efcaping. Shortly after taken Prifoner. which, this unfortunate Prince came into England in Difguife ; but, being betrayed, was apprehend- ed at Waddington- Hall in Lancaflnre, as he fat at Dinner ; from whence he was conveyed to Lon- don, with his Legs bound to the Stirrups, where he was arrefted by the Earl of Warwick, and committed Prifoner to the Toiver. The Parliament The 26th of January being come, the Parlia- ^IffZ'f^" ment met at Wejlminfter, according to the lafl Adjournments, Prorogation. And now we find that they had and grant Edward Time to do Bufinefs ; and the very firft Ac! they aSubfidyforLife. went upon was to grant a Supply to the King, which was done too in a very effectual and un- ufual Manner. For, the Common?, with the Aflent of the Bifhops and Lords, granted to the King, during his life, the Subfidies following : Firft. * Tonnage and Poundage of every EngliJJ) * Merchant, for every Sack of Wool 33 ; and 4. d, ' For every 240 Wool-fells 33^.4^. For every c Lafl of H.des 3 /. 6 s. 8 d. Of every Merchant * Stranger, whether Denizens or not, for every * Sack of Wool, 3 /. 6 t. 8 d. For every Laft o( « Hides Of E N G L A N D. 31s * Hides, 3 I. 13 s. 4 i. For every 240 Wool- fells King Edward IV. ' 3/. 6;. S d. with a Provifo only made, that * the Town of Calais, and the Soldiers in Garri- * fon there, may be victualled and paid with 1 Part of the faid Subfidies according to a Rate ' there ftated.' It was, alfo, ordained, 'That the Treafurer ' of Calais be obliged, under a Penalty, to ac- ' count Yearly in the Exchequer ; and that he ' may difpofe of all the Offices, under him, in ' the Town or Marches of Calais, to whom he * pleafes. to hold the fame at the King's Will.' The Government and Staple of Calais, having been often mentioned in the Courfe of thefe En- quries,it will not be amifs in this Place, to give fome Account of it out of the Memoirs of Philip de Commines. That Author tell us, ' That this was ' the richeft Jewel in the Englifh Crown, and the ' moll profitable Government in Chrijlendom, if * not in the whole World. That he was there ' feveral Times, during the Differences between ' the Houfes of York and Lancajler, and was told * by the chief Officer of the Staple for Cloth, that * he would willingly farm the Government of ' the Town, at fifteen Thoufand Crowns, per ' Annum ; for the Governor of Calais receives * all Profits on that Side of the Sea, has the Be- * nefit of Convoys, and the entire Difpofal and t Management of the Garrifon (»).' And, in another Place, the fame Author tells us, * That it is almoft incredible what prodigious Re- ' turn for their Wools, the Merchants make ' twice every Year from that Place.' But to proceed, Next, came on the At- tainders of feveral more Perfonsj of Quality, and others, who were flain or taken in the late Battles ; particularly Henry Beaufort, late Duke of Somer- fct, was attainted for railing Waragainft the King, and joining with Henry VI. at the Battle of Hex- X 3 ham, (u) Let Memoir es it PliiL de Comminei, Livre iii, Chap, iv, <3 Cbap, vi. 326 The Parliamentary History KineEdwardiv ham, in the County of Northumberland, on the * 8th Day of May laft paft. Sir Ralph Piercy Knight, was alfo attainted for delivering up the King's Caftles of Bamburgh and Dunjlanburgh to Henry, and for railing War againft the King at the Battle at Hegeley-Moor, in Northumberland on the Day of the Feaft of St. Mark, laft paft (.*•)• More Attainders Sir Humphrey Nevile, Sir Henry Bellinghatn, againft Henry's Sir Thomas Philips, Knights, many other Eiquires, Followers. Gentlemen and Yeomen, were like wife attainted for taking Part with Henry at Bamburgh. Edmund Beaufort and John Beaufort, Brothers to the faid Duke of Somerfet, Sir William Carle, alias Cane Knt and others, were alfo attainted for adhering to Margaret late Queen of England. Some more of lefler Note are mention'd ; and, to all the above named Perfons, as the Record fpeaks, the King had granted Pardon in the firft Year of his Reign. And, it was enacted, That the Attainders of the faid Duke of Somerfet, Hum- phrey Nevile . Ralph Peircy, Henry BelVvgham, and others, made, Anno Re?ni 1. fhall itand ; and that the Reftitutions to them made flail be void. A Proclamation, alfo, was ordered to be illued out againft ftveral Knights, Gentlemen, and Others, by Name, who had efcap'd from the Bat- tles, That if they did not yield them/elves to the King's Mercy byfuch a Day, they Jkouldfland attainted of High Tr f a/on, and incur the Pains of the fame. An a& of Re- Then an Act of Refumption was pafs'd, fumption. whereby the King took into his Hands all Man- ner of Hereditaments belonging to the Crown, the (x) This Sir Ralph Piercy is celebrated by all, or moil of our Englijh Hiftorians, for dying bravely at this Battle, and with thefe Words in his Mouth, J have Jawed the Bird in my Breaft ; mean- ing the Oath that he had l'worn to King Henry. But, by the Bill of Attainder, it feems to appear that he had been guilty of a Piece of Treachery, hi delivering up two Caftles, which he had bean en- trufted with the keeping of by King Ed-ward. And Hall, in his Chronicle confirms this, by faying that he forgot that he had before abandoned King Henry in his utanoft NecelTity> and fub- rnitted himfelf to King Edward. Fol, exxi. O/ENGLAND. 327 the Principality. of Wales, the Duchies of Corn- ^-^ Edward rv. zval and Lancajler, and the Earldom of Chejler ; from the Feaft of the Purification of our Lady laft: -before, in fuch Manner as he had, or ought to have had, on the 4th Day of March^ in the flrft Year of his Reign ; any Letters Patents, or Grants, to the contrary notwithftanding. And, that all Grants, Leafes. fete made by the King," before the faid Feaft, of any Hereditaments be- longing to his Duchy of York, or Earldom of March y be alfo void j but with many Pro- vides. The laft A& of this Parliament, that we think proper to mention, is, That whereas the Sum of 32,831,/. was due to the Mayor and Com-, pany of the Merchants of the Staple of Calais* the King, by the Authority of Parliament, in or- der to content them and difcharge that Debt, af- figned them a Power to take a Yearly Rate out of the Subfidy on Wool, until full Payment be made. There were feveral Statutes made, in this and the preceding Seffions of this long Parliament, •, for the Encouragement of the Woollen Manu- factory, and Trade in general j which the Reader,, if he pleafes, may find in the Statute- Books ; it being- needlefs here to take any further Notice of them. One Aft or two, however, deferves sumptuary Uws* mention, wrr'ch was to reftrain the exceffive Va- nity then ufed in Drefs or Apparel ; which, not- wiihftanding the Deftruclion and Mifery the Ci- vil Wars had occafion'd, was grown to a very great Height. One Thing, in particular, was» the extravagant Way the People then had got of adorning their Feet. They wore the Beaks, or Pikes, of their Shoes fo long, that it incumbred them in their Walking, and they were forced to tie them up to their Knees. The Gentlemen did it with Chains of Silver, or Silver gilt ; and thofe wh'o could not afford to be at that Charge, with S:lk Laces. This ridiculous Falhion had been in X 4 fcinp ga8 The Parliamentary History King Edward rv.fome Meafure ufed, ever fince Richard the lid's Time ; but thefe enormous Pikes were now, by Act of Parliament, curtailed to two Inches ; un- der a Penalty both to the Shoemaker and the Wearer (y). Likewife, during one of thefe Seffions of Par- liament, a Convocation met at London, in which the Clergy very willingly gave a Tenth to the Crown ; in Acknowledgment for an extenfive Charter lately granted them. And here, a Com- plaint being made of the Violation of Sanctuaries, the utmoft Cenfures of the Church were decreed againft thofe, who mould drag any Peribns out of Churches or other priviledg'd Places, and carry them to Prifon. There was, alfo, a Conftitu- tion pafs'd, for the Regulation of the Clergy's Habits (%). After the DhTolution of the lad Parliament, we meet with no other Summons for three Years ; during which Time Edward's Affairs were again -, . . thrown into a very precarious Situation. The Earl Edward marries r Tr7 • » , . r, t- • j l \ ■ <,- • the Lady Gray, °f IVanmck, his greateit rriend, had been dil- gracedin an Embafly to the French King v to con- clude a Marriage between the King of England and his Sifter, whilft Edward was a&ually con- fummating one at Home, with a Widow Lady, and one of his own Subjects (a). The Earl, from a faft Friend, became, on this, Edward's bittereft Enemy ; and returning to England, had the good Fortune, by Surprize, to take King Edward Pri- foner, and fent him, as fuch, to his Caftleof Mid-> dleham in York/hire. Here, being flenderly guard- ed, the King found means to make his Efcape ; and foon after drove the Earl of Warwick- with the King's Brother George Duke of Clarence, who had alfo deferted his Intereft, out of the King- dom. But, returning foon after, with Forces lent (y) See Statutes at Large, An. 4. Ed. TV. Cap. 7. (x) Collier's Ecclef. Hift. Vol. I. P. 6S0. (a) The Lady Elizabeth Gray, the Relift of Sir John Gray, flain at the Battle of St. Alban's on King Henry's Side. She had been a Maid of Honour to Queen Margaret, and was hericlf crown- ed-Queen of England, May, 3,6, 1465. Of ENGL AND. 329 lent them by the French King, they reduced Ed- King Edward iv.* ward to fuch an Extremity, that he, in his Turn, was forced to fly the Kingdom ; and Henry, be- ing releafed from a long Confinement, was once more feated on the Throne. In the Interval of thefe Commotions, and vari- - ous Turns of Fortune, we find that a Parliament was fummoned, in the Year 1467, by Writs, dated at Wejlminjler, the 28 th Day of February \ to meet at the fame Place, on the third Day of June following {b). George Duke of Clarence ', and Richard Earl of Warwick and Sarum, are here both fummoned as ufual. In the Prefence of the King, fitting on the Throne, in the Painted Chamber of the Palace of An^^gni 7. Wejlminfler, and of the Lords and Commons, AtWeftminfter, William (c), Bifhop of Lincoln, in the Abfence of George Archbifhop of York, Chancellor of England, by the King's Command, declared the Caufe of the Summons ; after which, he ordered the Commons to chufe their Speaker, and prefent him as ufual. Accordingly, Sir John Say Knight, Sir JohnS cho _ was prefented, and accepted by the Kiner. fen Speaker. After which, the King, with his own Mouth, made the following Oration to the Commons. 31orm £>ap, ano ye &ivs come to tlji* my Court of parliament for trje Common* of trjt* my Heatm* T^ldB Caufe totjp 31 rjabe calo ano fummon* Edward's s P eech eo ttji* my prefenc parliament, i*, t!jat totheParliament ' 31 purpofe to im upon mine oton, ano not to cljarge my £>ubject* but in great ano urgent Caufe*, concerning more tfje aieale of tfjem* feltoe*, ano alfo trje defence of tljem ano of tlji* my Kealme, rather tfjan mine otone ^leafure, a* tjeretofoje by Common* of tlji* ¥lano ljarlj beene Done, ano borne unto my ifcrogeuitoj* in time jf neeo ; torjerein 3, trull tljat yte, &ivgi, ano all trje Common* of tlji* my %mn toi2 be a* (b) Dugdalc places this Summons in the 6th of Edward IV. (c ) A Miftake again for John Qhtdwsrtb. 330 The Parliamentary History ring Edward iv, a0 tenDcr anD feinDe unto me in in fuel) cafes as fyeretoftye anp Commons babe been ro any of mp 3&rogemtours» 3inD fo? tbe goco nriB, &inDnefs, anD true hearts that pee h&he borne, continueD, anD uwtoeD to meat all times hereto* foje, % tharike pou as heartifp as % can ; llfo "31 truff ppe toill continue in time coming j f j tohicfj bp tbe(25race of <2>oD 3; (bail bt fo reu as Sooo anD gracious a &ing, anD rugae as rigfoteonSp upon pou as flier DiD anp cf mp progenitors upon Commons cf dtis rr?t> HRealme in 7, apes pau\ anD r haH alfo in time of neeD applp mp k etfen fa? the ftHeafe anD ©tfence of pou, anD cf this mp Keatme, not fpajing mp 3odp noj iUfe fo,z aup ^jeoparop ^ . that might happen to the fame (d). .v»&da An Act of Reiumption was paired, tj^e fame irt . Effe&as the laft Parliament ; alibanothci thtt.thc King fhould for ever enjoy all Utch Hereditaments as Richard Duke of Yrk., poflefied on h- j.ath Day of December, Anno 39 Henry VI. any Grant to the contrary notwithftaiding (e). Richard Welles, Lord IfGIkughly Son and Heir of (/) Leonard Welles Lord WiUough 'v, was re- ilored in Blood to the fa: d Lord Leonard, and to all his Hereditaments, notwithihntibg the Attain- der made againft the faid Leonard. Anno 1. Ed' ward IV. As was, alio, Sir Thomas Trejham, Knight, and his Attainder made void. Theie were all the Tran factions of the firPu Seflion of this Parliament ; for, on the 5th Day of July, Robert (g) B.fhop of Bath and Welly, then Chancellor, in the Prefence of the King, Lords and Commons, firft an fwercd certain Peti- tions (d) From the Parliament-Roll, 7 Ediv. IV. This Speech is quoted by Sir Henry Yclverton, in his Argument concerning Itnpofi- tisnt, 7 Jac. I. as an Acknowledgment on the Part of the King that he had jio Right to impofe at his own Will, and that the Sub- ject had a certain and aiftuict Property from that which was his own. (e) The Day he was flain at the Battle oiV/atejield. (f) Slain at the Battle of fozoton. {g) Robert Stillington, Le Neve's Fafti, tifc. O/ENGLAND. 331 tions from the Lower Houfe, and then thanked KingEdwardiv. them in the King's Name, for the Statute of Re- fumption; alluring them, that the King had pro- vided for Calais ; had taken the like Gare for Ire- land and Wales ; and further, that his Majefty de- fired there might be a due Execution of the Laws. After which, by the King's Command, he pro- rogued the Parliament from the fame Day and Place, to the 6th of November next enfuing at Reading. And from thence, the faid Chancellor ^^ Regn ; g % again prorogued this Parliament, by the King's 1468. Command, from the faid 6th of November, to At Readi "S- the 6th Day of May, at Reading aforefaid. But they did not fit at that Place, for the Chancellor, at their next Meeting, adjourned them from the 6th of May to the 12th of the lame Month at Wejhninjler. Thele frequent Prorogations were owing to p rorogue d t « the Unquietnefs of the Times, which were far Weftmmfter. from being fettled as yet ; but, at this laft Ad- journment, the Parliament fat to do Bufinefs, and befides palling feveral beneficial Acts for the fur- ther Encouragement of the Woollen Manufacture?, &c. fome Subfidies were granted, which will be feen in their proper Place. For, five Days after this Meeting, the King fent for the Commons, into the Houfe of Lords, when the Chancellor, by his Command, fpoke to the whole Body to this Effed : * Firft, he began with Juftice, and inftane'd ' the good Effects of the fame. He next declar- * ed, that the three Eftar.es comprehended the ' Government of this Land ; the Preheminence ' whereof was due to the King, as Chief, the * fecond to the Bifhops and Lords, and the third ' to the Commons .* ' He then put them in Mind, in what poor E- * ftate the King found the Crown ; defpoiled of * the due Inheritance ; wafted in its Treafures ; ' the Laws wrecked ; and the whole, by. the * Usurpation, in a Manner-. fub verted. Add to • this, Kin|£dwardIV. A Subfidy. 332 The Parliamentary Hi stort this, the Lofs of the Crown of France, the Dutchies of Normandy, Gafcoigny, and Guienne, the ancient Patrimony of the Crown of England loft alfo; and further, he found it involved in a War with Denmark, Spain, Scotland, Britany, and other Parts, and even with their old Enemy of France* 6 Then defcending he told them, that the King had appeafed all Tumults within the Realm; and planted fuch inward Peace, that Law and Juftice might be extended. That the King had made Peace with Scotland ; that the Lord Win- ters was negotiating a League with Spain and Denmark, fo as to open a free Commerce with thofe Countries. But, what was ftill the great- eft he had allied himfelf to the Dukes of Burgun- dy and Britany, two mod povvettul Princes; in fuch Sort as they had given the King the ftrong- eft Aiiurance 01 a&mg vigoroufly again ft France, for the recovering of that Kingdom, and other the King's Patrimonies ; of which, fince they made little doubt, the King thought proper not to omit fuch an Opportunity, and fuch a one as never happened before. And, that his Majefty might fee this Kingdom as glorious as any of .his Predecefibrs ever did, he was ready to adven- ture his own Perfon in fo ji,ft a Caufe. Laftly, he told them, that the King had called this Parlia- ment to make them acquainted with thefe Mat- ters, and to defire their Advice and Affiftance.' The Anfwer the Commons made to this pithy Harangue, was, immediately, to grant a large Subfidy of two Tenths and two Fifteenths, to be levied on the Laity. Referving, only, 12,000/. to be deducted out of it for the Relief of poor de- cayed Towns. '1 he Senate having thus liberally contributed to the Supplies of the State ; the next Thing they went upon, was to confirm, by their Authority, the King's Patents granted to his new Queen Elizabeth, for eftabliftiing her Dower. That the Part Of ENGLAND. 333 Part of the faid Dower, afiigned to her by Letters King Edward rv. Patents under the Seal of the Dutchy oiLancafler^ fhould be valid ; tho' there be no Livery and Seifin of the fame : And that the Queen might perfon- ally plead and be impleaded in her own Name; to which are added the Names of the feveral Ma- nors and other Hereditaments, affigned to her Ma- jefty, in the Dutchy of Lancajler, and elfewhere, under the Great Seal, which were all confirmed by Parliament. In Confideration of the Sum of 10,000 /. paid in Part of a greater Sum, due by the King, to Charles Duke of Burgundy (£), on the Mar- riage between the faid Duke and the Princefs Margaret^ the King's Sifter, by the Mayor and Company of the Staple of Calais ; the King, by Letters Patents granted, that they fhould be re- paid out of the Subfidy on Wools ; which Letters Patents were, by common Aflent, confirmed. Many good Laws were made this Parliament, for the Encouragement of the Woollen Manufac- tories £sV. as is before mentioned ; but we refer the Reader to the Statute Books, for more Infor- mation about them. One Thing in the Abridge' merit of the Records is remarkable enough, ' That ' a Bill was brought in this Parliament, whereby ' all fuch as fhould rob any Church of any Pax, ' Cope, Granel, Mafs-book, or any other * Trinket, (whereof, fays William Prynne, the * whole Rabble is named,) fhall be deemed a * Traytor, and be burned for the fame ; and that ' all fuch Perfons fhall be deprived of the Bene- * fit of their Clergy ; that an Appeal for Reftitu- * tion may, alfo, lie, and that all Juftices of * Peace may enquire of the fame.' The Pub- lifher remarks that by the Preamble to thefe Moti- ons, it feems that this Bill was made againft the Lollards ; (b) This Charles, then Duke of Burgundy, was very nearly relat- td to the Houfe of Lancafter ; for Phifippa, Daughter to John Duke of Lancafter, was marryed to John King of Portugal, by whom ftie had Ifabella, Mother to this Qbarla. 334 T^e Parliamentary History King Edward iv. Lollards ; but the King's Anfvver to it was, Le R-oi s'avi/era. The Civil Wars, which had been carried on to long and with fuch Fury by both Parties, were not Edward forced to yet at an End ; for, foon after the Diflbluticn of dom thC KlDS " t ^i s Parliament, Edward was obliged, for his own Safety, to leave the Kingdom. This happened in the Year 1470 ; and, in the Month of Oclo- ber, this Year, the Earl of Warwick releafed King Henry from his Imprifonment, and he Henry vi. re- was once raore re ft red to the Englijh Crown. However, we find that Writs of Summons, went out in King Edward's Name, dated at Weftminfter, Auguft, 10, [9. Edward IV.] for a Parliament to meet at York, September 22. following. But, a Stop was put to this Meeting by other Writs, dat- ed September 7th, the fame Year j and the Rea- ibn of the Prohibition is given in the Body of the Inilrument to be, becaufe the King was cer- tainly informed that Rebels, Enemies at Home, and Foreign Enemies, both from France and Scot- land, had entered this Kingdom in a hoftile Man- ner, and with armed Force had actually invaded it, &c(i). Hiftorians (k) inform us that after the great AnnoRegni43. Earl of Warwick had raifed King Henry from a 1470. Prifon to a Throne, from whence he was called, AtWeitminfter. ^e Setter up and Puller down of Kings, a Parlia- ment was called to meet at Wejlminjler, November, 26, 14.70. wherein nothing was denied tvhich the prevailing Party thought fit to authorize. For Edward declared here King Edivard was declared a Traitor to his wbe 3 nUfurp C r,£ oumry . an Tjfurper of the Crown ; and had all his Goods confifcated ; the like Judgment paf- fed againft his Brother Richard Duke of Gkcejhr, and (/) S.".od, certitudinallter informamur . Rebella, Inimici et .^dferfarii nofiri, Regno mm Franciae et Scotiae, Rcgnum nofirum Angliae hojJiliter ingredi rt tnvadere proponent, Vi armata, Sec. Dec ' 1 e's Summons to Parli anient, Page 466. Cotton hath given us the Names of the Peers fummoned to thi» Parliament. (k) HaWs Chron, Fol. ccxi. Grafton's P, 691. and Hahingtott inKennet P. 446. O/ENGLAND 33s and all his Adherents ; of whom, John Tip toft Earl Kln Henry VL of Worcejler, Lord High Conftable of England,vnd Lord Deputy of Ireland, was beheaded. All the Statutes made by King Edward were revoked ; all the Attainders, againft the Earls of Oxford, Pem- broke, and many others, reverfed ; the Crowns of England and France, entailed on King Henry and his Heirs Male; and, for Want of fuch, unto George Duke of Clarence and his Male I flue, and he was declared immediate Heir to his Father Richard Duke of York. Laftly, the Earl of War- wick, was made Protector of the Kingdom, and Clarence his Son-in-Law join'd in Commiflion with him. AnHiftprian of fome Eminence (7), is very Remarks on thI , fmart in his Kemarks on the Act to entail the new Settlement. Crown in the Manner aforefaid ; by which he fays, the Earl of Warwick fhewed not only the Extent, but the Infolency of his Greatnefs ; as if, adds he, the Title of the Kingdom appertained to them, who were neareft in Alliance to him, not next in Blood to the Crown. This Author goes on and writes, ' For, if the Juftice of Lan- * cafters Claim had the Preheminence for Want ' of Iflue in King Henry, why fbould not the ' Sovereignty fall to the Duke of Somerfet ? Or, 1 if that Line was crooked in refpect of Baftar- ' dy, why not to the Houfe of Portugal, with- * out 'any Blemifh, defcending from John of * Gaunt? Or, if the Houfe of York had the bet- ' ter Tiile, why was George Duke of Clarence ' then fet down but fecond in the Entail ? Or, ' if the Right was in Warwick himfelf, (for his * Power ordered and difordered allj why was the ' Kingdom to defcend firft of all to the young- ' er Daughter? But r5repofterous Ambition never ' knew how to give an Account to Reafon. It would be unpardonable, alio, to omit the Reflections of M. Rapin T])oyras t on the Con- dud of this Parliament, fince this, and feveral more fuch, we have quoted from that Author^ evidently (I) Habisot OH, vtfupra. 33^ The Tarliamcntary Histort KingHentyVl. evidently, (hew, that he was no Friend to Parlia- mentary Proceedings. He writes, * That the * contrary Refolutions of Parliaments, in re- * gard to the Quarrel between the Houfes of York ' and Lancafter, clearly (hew that thefe Aflem- ' blies acted not with Freedom, but were fway- ' ed by the Events which happened before their * Deliberations. It is in vain to urge, therefore, * the Authority of Parliaments in Support of the ' Rights of either Houfe. Their Determinations 4 are, properly, of no Force ; fince they had not * the Liberty to judge according to their Under- * ftanding ; unlefs it is faid that their Underftand- ' ing directed them always to fide with the * ftrongeft.' And, upon the Act to entail the Crown, in Default of Heir . Male from Henry, on the Duke of Clarence^ &c. Our Author goes on and fays, * That here would be a large Field, ' to expatiate on the unlimited Authority of ' Parliament, if this Statute had been made with ' Freedom, and after mature Deliberation. But, * it is eafy to fee the little Freedom there was in * this Parliament, if it is confidered, that this Act * was only a bare Confirmation of the Earl of c Warwick's Engagements. Moreover, out of « pure Condefcenfion for the Earl, or rather by * his Direction, and contrary to the Laws and * Cuftoms of the Realm, it was not fcrupled to ' deprive the Daughters of the Houfe of Lancaf- *■ ter> of a Right enjoyed by the PrinceMes of the * Royal Family, ever fince the Norman Con- ' queft.' Thus adds he, 'By a hafty Refolution, ' was eftablifhed in England a kind of Salic Law, * which the Englijb had fo much cenfur'd and de- * rided, when Edward 111, and Philip deValois, 1 were contending for the Crown ©f France. ' And, befides, this Parliament manifeftly fup- ' pofed Henry's Inability, and confidered him * only as the Shadow of a King, by confti- * tuting the Duke of Clarence and the Earl of ! Warwick joint Governors of the Kingdom.' What Of ENGLAND. y j7 What we can pick up elfe,. relating to the Pro- King Homy VI. ceedingsof this Parliament, is from an old Chro- nicle (a) which informs us, that it began at IVeJl- minjler at the Time aforefaid, and from thence was adjourn'd to St. Paul's Church, London, where it continu'd till Chri/imas. That an Alderman of the faid City, call'd Sir Thomas Cook, who had been tried for Treafon, Anno 7. Edward IV. and acquitted ; but for Mifprifion had been imprifon- ed, feverely fined, and otherways ill us'd ; now exhibited a Bill of Complaint, in the Houfe of Commons, againft the Lord Rivers and others, who had been the occafion of his Troubles. He petition'd the Houfe that he might be repaid his Lofs and Damage, out of the faid' Lord's Eftate, to the Value of 22,000 Marks. It is likely, adds our Hiftorian, that it would have been granted to him, if King Henry's Affairs had profper'd ; for, this Sir Thomas Cook, was a Member of the Houfe of Commons j a good Speaker^ of great Boldnefs and Vivacity of Wit. But he had better have been quiet, for he fmarted much worfe for it af- terwards. We have been mpre careful to collect what Hiftorians have left us concerning the Proceedings of this Parliament, fince there is not one Word of all this Matter on Record. Probably, if thefe Proceedings were entered on the Rolls, Edward, who foon after was reftored, caufed them to be erafed and abrogared. Dugdale, indeed, hath given us the Summons to this Parliament, the Date of which is Anno 49, Henry VI. [9 & 10 Regis Edward IV.] wherein the firft Writ to the Peers is directed to Henry's mod dear Coufin George Duke of Clarence, who had then revolted from his own Family ; but there is no Mention at all of it in the Abridgment of the Records. However, this Dream of Regal Power in Henry laired but a fmall Time (b) ; for the Fugitive Vol. II. Y Edward (f Tax Part of one whole Year's Revenue of all and An- gular their Lands and Polleflions. The Commons then, by a long Proteftation de- livered to the King and Lords, required that the Statutes made againft Riots, Maintenancies, Op- rreilions, and for regulating Labourers, may be . executed. And the 'fame Day, viz,. Nov. 30th, the Bifhop of Rochejler, by the King's Command, relumed Thanks to the Commons for their Grant, and prorogued the Parliament from the fame Day to Of ENGLAND. 341 to the 8 th of February next enfuing, at Wejimin- King Edward rv. At this Seflion the King's Letters Patents for . creating Edward, his firft begotten Son, Prince of Wales and Earl of Chejler, were confirmed by Parliament ; likewife the King's Letters Patents for granting and delivering to the young Prince the Hereditaments and other Appurtenances be- longing to the faid Principality and to the Dutchy of Cornwall, was, by the fame Authority, con- E(Jward creatfej firmed. This Prince was then about two Years his eidcft Son old, the Queen having been deliver'd of him, in Prince of Wales, the Sanctuary at Wejlminjler ', whilft the King was &c> an Exile. Next follow feveral Acts of Mercy in revers- ing the Attainders of divers Perfqns, amongft whom Sir Henry Percie, Knight, as he is there ^jjJ^J" 1 " ftiled, Son and Heir to Henry late Earl of Nor- thumberland (d), was reftored, in Blood, to the faid Earldom, and to all fuch Hereditaments as came into the King's Hands, March z, Anns 9, Edward IV. and the Attainder made againft the faid Earl Anno 1, Edward IV. was made void. The Reader may obferve that this Earl was fum- mon'd to this very Parliament. Ralph Nevile, Son and Heir to John late Lord Nevile ; Sir Henry Rcos, Knight, late Lord Roos of Hamlake [e) ; and feveral more there na- med, have their Attainders reverfed,, and are re- ftored to their Honours and Pofl'eflions. We find that this Parliament continued fitting AfmoRe ^ x l till the 8th Day of April, Anno 13, Edward IV. 147^ when the Commons granted the King one Tenth and one Fifteenth, rekrving out of ii 6000/. to be diftributed to certain decay 'd Towns. And, it was ordained that the Money arifing from the Tenths given by the Lords in the firft Sefiion of this Parliament, be paid into the Hands of the Treafurer of England. Alfo, in Confiderarion of 23,000/. due by the King to the Mayor and Y 3 Merchants (J) Shin at the Battle offnvton'on the Lancajirian Side. \f) UdmjUy in Yorkjbire, 342 Hoe Parliamentary History King Edward iv. Merchants of the Staple at Calais, the King by a long A£t granted to them a Fifteenth, in like Manner as in the Parliament of the 7 th of Edward IV. An Hiftorian writes, ' That for Relief of the 6 King's great Neceffity, a full Subfidy was grant- * ed ; for all his mighty Fortunes ferved, only, 4 to reward the Multitude of his Adherents; and * in Recompence of the Subfidy he granted them a * general Pardon. And indeed, by that he liberally ' repaid them ; for, by the late Civil Wars, the ' Lapfe into Treafon was fo univerfal, that fcarce ' any Eftate could be fafe if Licence was given * to Informers, the Cormorants of a Common- ' wealth, who fwallow much but never grow * fat > and leaft of all advance what they moll ' pretend, the King's Benefit (/). Several more Perfons, by Name, are now re- itored in Blood to their Lands and Poflefiions, for- feited by Attainders ; amongft whom the princi- pal was Sir Humphrey Dacres, Son of Thomas Dacres, and Brother to Ralph, late Lord Da- rtres, flain at the Battle of Tcwton (g), who was Son and Heir to the aforefaid Thomas ; and all the feveral Attainders againft the faid Ralph and Humphrey were made void. And, The Parliament On the 8th Day of April aforefaid, the Chan- prorogu'd. cellor, after giving Thanks to the Commons for the Subfidy, by the King's Command prorogued the Parliament to the 6th of Ocloher following. But, before they parted it was agreed and ordained, 4 That the King, on any urgent Occafion which ' required their Attendance, might call and re- c aflemble the faid Parliament, giving only, by ' Proclamation, twenty Days Notice.' In (f) Habington in Kennet, p. 459. (g) He was buried in Saxton Church Yard, where a Grayeftonc was laid over him with this Infcription ; Hie jacet Ranulphus Dominus de Dakre et Miles, et occifus erat in Bello, Principe Henrico Sexto, Anno Dom. M.CCCC.LXI. XXIX Die Martii, "videlicet, Dominica Die Palmarum. Cujus A- nima: propitietur Dens, Amen. Drake'* Antiquities of York j Fol, Land. 1736. p. III» Of E N G L A N D. 343 In the firft Seflion of this Parliament, a Noble- KingEdward vi. man call'd Lewis De Bruges , a Netherlander, Lord of Gruthufe, and Prince of Stcinbufe, came L ; De Bruges, a over into England, and was receiv'd by the King 252^7* <• •i ,m A ■ r -n • in- . , & created Earl of with ail Demonuranons of £ nendfhip. And, Winchefter. on the 13th of Offober, in the Houfe of Lords, was created Earl of Winchefier ; receiving, with the Title, the ancient Arms of Roger de ^uincy, formerly Earl of the fame Place ; with an Addi- tion oTthe Arms of England, in a Canton. The Reafon of this fo extraordinary a Favour confer- red upon a Stranger, fays an Hiftorian, was the great Refpedt this Nobleman mewed to Edward, when he was forced to fly his Country by the prevailing Power of the Earl of Wanvick, and feek Prote&ion from the Duke of Burgundy. This Nobleman, being of that Country, did his utmoft to comfort the King, then diftra&ed by his many Afflictions (£)• At the Time appointed, viz. Off. 6, this Par- Afe cond Seflion, liament met again, and continued fitting from Day to Day, to the 1 3th of December following. During which Time fome more Attainders were revers'd ; and a Suit, or Contention at Law, was terminated between the King with the E?iglijh Merchants, of one Side, and the Merchants oi the Hans Towns, in Germany, or the Stilliards, on the other Party, and a free Intercourfe between thefe Countries and Merchants was fettled for ever. The King alfo confirmed to the faid Foreign Merchants, of the Stilliards, their old Liberties, granted to all Foreign Merchants, of every Coun- try by Name, by KingEdward 1. but afterwards particularly, to thefe Merchants of the Stilliards, by King Edward II. wherein is to be noted the Cuftoms they were then rated at, and the King's Grant not to raife the fame, all which was con- firmed by this Parliament (i). Y 4 A \b) Hahington vt fiipra, 450. Philip de Comwlnes, Liv. 3. Cap. 5. (:') This Inftrument of a verv great Length, is printed in the Publkk A&s, Tom XI. p. 793, &c. 344 The Parliamentary History. KbgEdwardiv. A new Aft of Refumption was, alfo, made, whereby the King took into his Hands all the He- reditaments of the Crown, with the Duchies of Lancafler and York, from the Feaft of St. Thomas A ?«w A& of - m t ^ e y ear 1473, and of which the King was ump ° feifed March 4th, Anno Regni 1. or what came into the King's Hands fince, by Attainder or o- therwife. And, a fpecial Commiflion was given to the Chancellor of the Duchy of Lancajler, for alluring the Payment of certain of the King's Debts granted out of the faid Duchy, under the Seal of that Office. In this is a Number of Provisions, particularly one, that the fame mould not prejudice the Corporation, Union, and An- nexation of the Duchy of Lane after and County Palatine, nor the Officers nor Tenants of thofe Diftricls. Several Provifions, were alfo made to particular People, by Name, in this Commif- lion ; amongft which, fays the Abridger, we mult not forget one Provifion, for Mother Cobb* Mid- wife to Elizabeth, the King's bell belov'd Wife, and Queen of England. On the 13th of December the Bifti.op of Dur- ham, then Chancellor of England, in the Prefence of the King, Lords and Commons, after giving Thanks, on the King's Eehalf and by his Com- mand, to the three Eftates, prorogued this Parlia- ment, once more, to the 20th of "January , next coming, at Weftmlnfler. We learn that this Parliament again aflembled on the Day aforefaid, and continu'd to fit till the The Parliament fjfft of February \ when the faid Bifhop of Dur- Tnd Prorogad-" ham ^ as Chancellor, call'd the Commons before on! an/are again the King and told them, « That they were then prb'rogu'd. < aflembled to coniult which Way the King ' might proceed in the Wars ; but, becaufe his * Majefty had yet heard nothing from his Brother * the Duke" of Burgundy, relating to that Affair, c whereon much depended ; it was the King's « Command that this Parliament fhould be pro- rogu'd Of E N G L A N D. 345 « rogu'd from the faid Day, to the ninth Day of King Edward rv. ' May enfuing.' At the Time appointed by the laft Prorogation Anno Regni 14. this fame Parliament met again at Wejlminfler ; H74« and now, by the common Confent, the King At Weftmlnfter ' granted to his Brother George Duke of Clarence and Ifabel his Wife, and to his other Brother Richard Duke of Glocejler and Ann his Wife, Daughter and Heir to Richard Nevile, late Earl Grants, in this of Warwick, and Daughters and Heirs apparent ^'^X^ *£ to 4nn Countefs of Warwick, « That they (hall clarence "nd ' enjoy to them, and the Heirs of their faid Glocefter, the « Wives, all the Hereditaments, belonging to Kins ' s Brothera - ' the faid Ann, in fuch wife as if the faid Ann ' was naturally dead j and that their faid Wives * fhould be of Blood to the faid Ann and enjoy all ' Benefits accordingly, fhe being, for ever, barred 6 from claiming the fame (k). Alfo that both the * faid Dukes and like wife their Wives, and the * Heirs of both, may make Partition of the Pre- 6 mifles to Hand good in Law ; and that the faid * Dukes or either of them, overliving his Wife, ' fhall during his Life enjoy her Property. That ' all Alienations, Difconti nuances, Charges and In- ' cumbrances, fuffered by either of the faid Dukes 1 or their Wives, to debar the other of the faid ' Pur-parties, fhall be utterly void. Moreover, * that if the faid Duke of Glocejler be at any Time * hereafter divprced from the faid Ann his Wife, * and fuffer any Inch Incumbrance as above, 6 that it fhall be void. And further, that if the * faid Duke Richard, upon fuch Divorce, doth his [i) This Lady was Ann the Daughter and Heir of Richard Bcau~ champ, Earl of Warwick, and married to Richard Nevile, eldcffc Son to the Earl of Salifbury , who had the Title of Earl-of Warwick given him by Patent of Henry VI. in the Right of his Wife. She had only two Daughters by the faid Earl, Ifabel and Ann ; the firft was married to George Duke of Clarence, and the other to Edward Prince of Wales, Son to Henry VI. and after his Death to his Mur- derer Richard Duke of Glocejler j who, as is faid, difpatch'd her alfo, by Poifon, to make Way for his intended Match with his JSrothw King Edward's Daughter. Dugdale's Baronage Vol, I. Page 307. 346 The Parliamentary History. king Edward IV. « his uttermoft to be reconciled, during his Wife's ' Life, that then after the Death of his faid Wife, ' he fhall enjoy her Purparty.' The Effect of the Gr.mt made to the Mayor and Company of the Staple at Calais, Anno 13, Edward IV. was in a Manner recited ; and, it was further enacted, * That the laid Mayor, dur- ' ing the Term there meniion'd, fhall pay 1000 c Marks for the Fees and Rewards of the King's ' Judges, Serjeants and Attornies.' The Parliament This Seffion only continued to the 28 th of E5Fj5*L Mah when the Bifhop of Uncohl $' as Chan " cellor, in the Prefence of the King and the three Eftates, prorogued the Parliament to the 6th Day They meet again, of June next enfuing. At which Time, beiides and grant a Sub- reverfing the Attainders of a few more Gentle- fldy * men, and fome other Acts on private Affairs, a Subfidy was granted by the Commons to the King of one Tenth and one Fifteenth ; Alfo, 51,117/. 45. yd. id. as full Payment for the Wages of 14,000 Archers granted'* before ; and for the raifing of this, every County, City, and Town was feverally taxed. And on July 18th, the aforefaid Chancellor, by the King's Command prorogued the Parliament to the 23d Day of Fe- bruary, next enfuing, at JVeJlminJier. The fame Parik- This Parliament being again ailembled, on the m ™V^ ccts f ter faid Day, which was (till in the 14th of this on/ 10r ° satl "King, an Ordinance was immediately made by them for the fpeedy levying the Tenth, on all Re- venues, granted in the » 2th Year of this Reign. An Act was made this Seflion for appointing Thomas Archbifhop of Canterbury, and feveral o- thers, Feoffees in Truft, for fundry Heredita- ments in the Duchy of Lancajier, to the Perfor- mance of the King's laft Will and Teft anient, &'c. The Houfe called the Style- Hou/e, otherwife the Stilliard, in the Parifh of Allhalhws in Lon- <&//,was by Authority of Parliament afligned to the Merchants (/) Thomas Rotkcram, afterwards tranflated to York, Le Niti'j Fajti Ecc. Ang. Of E N G L A N D. 347 Merchants of the Hans Towns, and to their Sue- King Edward IV, ceflbrs for ever, together with other Tenements to the fame belonging, yielding Yearly to the Mayor of London 70/. and fome other Out- Payment. On the Petition of Richard Duke of Glocejler, the King would not attaint John Neviie late Mar- quefs of Mont acute, flain in the Battle, near Bar- net ; but, by Authority of Parliament, he gave to the faid Duke, and to the Heirs of his Body, . lawfully begotten, feveral Honours, Baronies, Caftles, Manors, and other Hereditaments, which belonged to Richard Neviie, late Earl of Warwick. And, by the fame Authority, the King gave to George Duke of Clarence, feveral other Manors, &c. in EJJex, with the Manfion-Houfe, in Lon- don, called the Harbor, late belonging to the faid Earl. Likewife, in Exchange for the Manor and Wapontake of Chejierfield and Scar/dale, in the County of Derby, and the Manor of Bujby in Hertfordfiire, allotted to Richard Duke of Glo- cejier and Anne his Wife, the King gave to the faid Duke and Anne, in Fee, the Manor of Cct- tingham in the County of York, with the Advow- fon of the feme, which late belonged to Richard late Duke of York, the King's Father, together with the Town and Caftle of Scardeburgh, with the Fee-Farm of the fame, and other Liber- ties. Several other Manors are mentioned in the Records, as granted to the Duke of Clarence, in Devonjhire and Somerfetjhire, &c. all which were Parcels of forfeited Eitates,which at this time muft greatly increafe the Revenues of the Royal Fa- mily. The whole Bufinefs of this laft Seffion of the Numerous At- Parliament feems, by the Records, to be taken up tainders, Revo- with Attainders, and revoking Attainders, Grants cations of Attain- of forfeited Eftates, £sV. the fatal Confequences &"' ran ' of Civil Wars ; but it woulJ be too tedious to mention any more of them. However, we find that 34S The Parliamentary History King Edward iv. "that in the Statute Books are feveral Acts, made for the Publick Good, in the different Seflions of this long Parliament, to which we rauft alfo refer ; and (hall only obferve, that before the Diflblu- tion thereof, the Commons made another Another Subfidy. Gmntto ±Q K ; ng of ^ y^ and one JB^. teenth, with a Third of each of them. Which Grant being read, and agreed to by the Lords, the Lord Chancellor, on the 14th Day of March ', This long Parlia- Anno Re S ni l 5- ( m ) b Y the King's Command, re- ment diflblv'd. turned Thanks to the three Eftates, and diflblved the Parliament. We have not in the Courfe of thefe Enquiries, hitherto, met with a Parliament of fo long a Du- ration ; they having fat, with the feveral Proro- gations, near two Years and a half. During which The Hijiory of Croyland takes notice, that no lefs than three feveral Lord Chancellors prefid- ed. The firft, adds that Authority, was Robert [Still ngton] Bifhop of Bath, who did nothing but by the Advice of his Difciple John [dlcock] Bifhop of Worcejler ; the next was Lawrence [Soothe] Bifhop of Durham, who tired himfelf with do- ing juft nothing at all ; and the third w/is Thomas [Rotheram] Bifhop of Lincoln, who did all, and brought every thing to a happy Conclufion. The aforefaid Authority («), cotemporary with thefe Times, goes on and tells us, ' That the ' King made it his utmoft Study, in this Parlia- ' ment, to incite and animate the Lords and ' Commons, to confent to a War with France. ' And, that many elegant Speeches, as well on ' the State of the Nation, as on Foreign Affairs, A rge 1 y, ( p art j cu i ar jy j n regard of the Duke of Burgundy, 6 were made in open Parliament. At laft, every ' one agreed with his Majefty's Wifhes, and ap- ' plauding greatly the royal Propofal, many 4 Tenths and Fifteenths were granted j feparately, * as" (m) The Abridgement has it Anno Regnl 14. but it muft be a Miftake, for Edward IV. began his Reign on the 4th of March. (») Hist. Croyl. Continnatio 557, 5<;8. Of ENGLAND. 34c? * as the Matter required, in the Convocation of King Edward iv. ' the Clergy and Afiembly of the Laity, who ' both interefted themfelves in making thefe Con- ' ceffions ; befides charging their Hereditary ' PofTeflions and immoveable Goods, freely, with * another Tenth to fuftain the Expences of the * War. Neither did all thefe Burthens on the And anew Impo- * People feem fufficient. For a new, and a yet fltion > ca,ld *■ « unheard-of Impofition (*) was afked, called a ?*"£%£%' * Benevolence, whereby, every one might a War againft ' give what they would, or rather, what they France « * would not. The Money raifed by all thefe ' Ways and Means, amounted to fo vail a Sum, « as, adds the Monk by way of Prophecy, no doubt ' the like was never feen before ; nor, in all prob- * ability, ever will be feen again.' Hall, in his Chronicle, hath given us the Man- ner by which this new Device of a Benevolence was collected ; which was begun the Year after the laft Subfidy was granted (/>). The King, he fays, caufed his Officers, to bring before him, one after another, the richeft and mod fubftantial Citizens, and to them he explained the Caufe, . . Purpofe, and the Neceflity of the War, begun with France, and the Weaknefs of his Treafury to carry it on. Requiring them by the Love and Regard they owed - their natural Prince, out of Gratitude and Kindnefs to him, that they would give him freely fome Aid in Money, towards the Maintenance of the War and Army. What , Ihould I fay more, adds our Author ? This In- vention had its Effect. Some calling to Remem- brance the Benefits received from him ; fome with Shame, and fome with Fear, moved and encouraged, gave liberally of their Money ; which could not have been other ways obtained without much (0) In the fecond-Year of his Reign he fent out Letters, under the Privy Seal, to afk fuch a Contribution as this, to help him to raife Forces againft the Scots, coming in with King Henry, which was liberally granted. Stowe's Chron. 416. (f)Hta.j. , sCiroiHcIe, Fol. CC.XXVII. Copied by Gb At tok, P. 719. 350 Tke Parliamentary History KingEdwatd iv. muc h Grudging and Reluclancy (p). Our Hi- ftorian goes on and tells us a pleafant Story, which happened by this way of gathering the Benevo- lence. The King had called before him a Widow Gentlewoman, much abounding in Wealth, and equally ftricken in Years ; of whom, he only de- manded what me would freely give him, towards the Support of his great Charges ? By my Troth, quoth the old Lady, for the fake of thy lovely Countenance, thou /halt have Iwenty Pound?. The King, expecting fcarce half that Sum, thanked her, and gave her a loving Kifs. Whether the Flavour of his Breath, adds Hall, did fo warm her old Heart, or fhe efteemed the Kifs of a King fo precious a Jewel, fhe fwore directly, that he mould have Twenty Pounds more ? Which, me as willingly paid as offered {q). But, leave we this new Way of railing Money, which, by all we can find, was only practifed on the richeft Citizens of London, and not carried thro* the Nation : Let us fee what the King did Which proves with his Riches, and how they were employed unfuccefsful. abroad. Edward embarked with his Forces, and landed at Calais, where he was joined by the Duke of Burgundy, who had invited him to this War ; but with fo poor a Reinforcement, that Edward (/>) Fabian writes, that the Mayor of London for his Part gave XXX /. each of the Aldermen XX Marks ; the Commoners, fingly, gave him the Wages of half a Man for a Year, which amounted to iv /. xi s. iiii d. Ch«on. Fol. CC.XXII. (q) A Story, fomewhat applicable to this, actually happened at Tontfrete in York/hire, in the Year of King Charles lid's Reitera- tion. It was then thought proper, to fupply the prefentNeceffities . of the King and State, to fend Officers about the Kingdom, to colled): what Money each Perfon would freely contribute on that Occafion 5 and which was, alfo, call'd a Benevolence. The Collectors came to the Houfe of an old Lady, who then liv'd in the Town aforefaid, and havingtold her their Errand, ' Alafs ! Alafs !' faid fhe, ' A poor King indeed, to go a begging the firft Year of his ' Reign ! but flay, I will bellow fomething on him j* and, telling them out ten broad Pieces, 'Here, fays fhe, take thofe.' The- Officers were going away, very thankful for what they had got j * Hold,' fays the old Lady, ' Here are ten more, to bear rh» ' Charges of the other ; and then, perhaps, fome of t^era may * reach him/ Of E N G L A N D, 351 Edward thinking himfelf flighted, and fearing King Edward rv. fome Treachery, haftily concluded a Peace with the French King ; and the whole ended in an In- A Peac v e _ da PP' d . . ° , t r . i-i up with France, terview between the two Kings, which was per- ^ hicii aifobiigas formed at Piguigny, with great Ceremony and the Nation. Magnificence. But, the -Nation was no Ways pleafed with this Piece of Pageantry ; the Money which had been fqueezed, as it were out of every one's Purfes, was given and granted for a quite different Pur- pofe than to be fpent in a pompous Parade. A War with France, on the old Quarrel, was what all wifhed for ; and it was with great Difficulty, that Edward prevented his chief Minifters from being call'd to an Account, at his Return ; being greatly fufpecled that they had been touched with French Gold, in order to advife him to confent to a Peace (r). An Hiftorian remarks, ' That * furely, there is fome in-born Malice, rancoring * in the Genius of our Nation, againft the c French ; the Saxon Government having once ' received a final Overthrow from them, in the 4 Conqueft of Duke William. Or elfe, it would 4 be a Wonder why the Englijh were never fpar- * ingof their Lives or Treafure, when any War ' was to be advanc'd againft the French (s),' The King was in his Nature fo liberal to thofe who had "any Ways befriended him, that he foon got quit of all the Treafure that was left after his French Expedition. And, knowing well theFickle- nefs of the Nation j how prone they were to raife Infurreftions, and how fond of Novelties ; he durft not call a Parliament to lay on any new Sub- The King's Me- fidy, but "took other very different Ways to reftore thod of raifing his Treafury. Under the Force of a Statute, ^JJ" n ey, a t0 P ^ Which had been pafled in Parliament, he firft took ^entf a into his own Hands all the Revenues of the Crown, to ( r) Philip de Commines exprefsly fays, That tliey were all at that Time Penfioners to France ; and that the King of England loft more Credit, amongft his own Subjects, by this Peace, than he had gained Honour by the nine forOiir Viftpries he had won. i/w IV. Chap. X. (s) Hibingtun ia Kunmt $U 552 The Parliamentary History Kmg Edward rv. to whomfoever alienated, and applied them to de- fray the Expences of the State. Next, he fix'd, in every Part of the Kingdom, Collectors of the Cuftoms, Men well qualified for their Offices, and who were hard enough on the Merchants. He loaded many Ships of Burthen, with the fineft Wools, Cloth, Tin, and other Commodities of the Kingdom, and, like a meer Merchant, trad- ed to Italy and Greece with them, and had, in Ex- change, the Product of thofe Countries. The vacant Bifhopricks, which had fallen into his Hands, and. which, by Magna Cbarta, he could not make Sale of, he granted no Reftitution of the Temporalities under a fixed Price. The Re- gisters and Rolls of Chancery were ftriclly fearch- ed-; and whofoever he found had entered upon their Eftates, without due Form of Law, he made them pay large Fines for their Titles. Thefe and fuch like Kinds of Snares, which a cun- ning Fowler could poffibly invent, he put in Prac- tice ; add to this, the ten Thoufand Pounds a Year, by Treaty, from France ; with the Tenths of all Church Livings, from the Payment of which no Bifhop or Clergyman could get excufed, in a few Years filled the King's Coffer?, and made him one of the richeft Princes of that Age. Infomuch, adds our Authority, that for VefTels of Gold and Siiver, for Tapefiry, for precious Ornaments, Robes and Veftments, for building of Caftles, Col- leges, and other famous Places, none of his An- cestors could be compared to him (t). By thefe Means we may fuppofe the King fubiiited himfelf, and difcharged the neceilary Ex- pences of the State, without laying any general Tax on his Subjects, or having occafion to call a Parliament for fome Time. For it was not till near three Years after the laft Parliament was diffolv'd, that we meet with any Account of another ; but no Writs of Summons are given to it, either in Dugdale or The Abridgement. The laft Authority, however, mentions the Proceedings (t)tii%r, Croyi. Cont. 559. Of E N G L A N D. 553 Proceedings of a Parliament, held at W.eft- KingEdwardrfc. minjler, on the 16th Day of January, in the 17th of King Edward the IVth ; and our Sta- tute- Books, . by a Recital of feveral Afts there made, confirm it. At the Time appointed, the Parliament metAnnoRegn!i7. at Wejlminjler ; when Thomas Rotheram, Bifhop H77- of Lincoln, in the Prefence of the King, Lords, AtWeftmmftcr, and Commons, in the Painted Chamber, de- clared the Caufe of the Summons, under this Text, Dominus regit me 9 et nihil Mihi deerit. Upon which he largely treated \Of theObe- * dience which Subjedts owe to their Prince ; and * fhewed, by many Examples, out of the Old ' and New Teftament, what grievous Plagues * had happen'd to the Rebellious and Difobedient ; * particularifmg that Saying of St. Paul, Nonfwe *■ Caufa Rex Gladium portat. He added, that the * Majefty of the King was upheld by the Hand * and Counfel of God, by which he was ad- ' vanc'd to the Throne of his Anceftors.' And concluded with obierving, ' That under the Per- ' fon of the King, with the Perfons of the Bifhops * and Lords, and under thofe of the Commons, ' Si Dominus regit me nihil Mihi deerit '; fed in * Loco Pafcuce illos collocabit. J Then he directed the Commons to choofe their Speaker, amongft themfelves, as ufual, and prefent him to the King ; who next Day prefented William Ailing- w . u . .„. r?r c u Wcc 1- n 1 William Ailing-. ion, Efq; for that Omce, who was allowed t0 n Efij; chofea accordingly. Speaker. The firft Thing we find is a Creation exem- plified of Richard, the King's fecond Son, being The K ; ng < s f e _ thereby made Duke of Tork and Norfolk, Earl cond Son created Marfhal of England, Earl of Warren and Not- Duke of York * tingham. Likewife, that the King had appointed &c " his faid Son to marry with Ann, the Daughter and Heir to John late Duke of Norfolk, the faid Ann being then but fix Years of Age and the Prince about the fame. On this Declaration an Aft was Vol. II. Z made 354 The ^Parliamentary History KingEdwardiv. made, that, if the faid Ann fhould happen to die, before fhe had Iflue by the faid Duke of York ; that then the faid Duke fhould enjoy, during his Life, feveral Baronies, Honours, Caftles, Manors, Knight3 - Fees* and other Hereditaments by Name, in Wale^ Sujex, and other Countries, Par- cel of the Inheritance of the faid Ann, A Con- firmation of the Jointure, rated by Particulars, to Elizabeth Duchefs of Norfolk late Wife to John Duke of Norfolk ; all which PremifTes, with all other Reverfions of the faid Duke, were granted and confirmed by Parliament to the laid Duke of York, during his Life j in which are in- cluded fome Proviiions for the Lord Howard, tht Lord Berkeley and others. The Exchange of the Caftle and Manor of El- vel, in Wales ) belonging to Richard Duke of Ghcefter and Ann his Wife, for the King's Caftle and Manor of Wigmore, in the fame Country, &c. was confirmed by Parliament. As, alfo, lome other Privileges were granted to the faid Duke. And whereas the King had created George Ne- Nevile, Duke of vile, the Son of John Nevile late Marquefs of fcvok'd?™ 6 Montacute , Duke of Bedford ; the King, by Au- thority of Parliament, revoketh the faid Creation, * and all other Titles and Honours, as well from the laid George as from the faid John. It is neceflary to expatiate a little upon this ex- traordinary Ai\ of Revocation. John Nevile, fe- ccnd Son to Richard Earl of Salisbury, and Bro- ther to the famous Earl of Wanvick, for his good Services to the Houfe of York, had been created Marquefs of Montacute, or Mountague, by King Edward IV. and had feveral large and rich Ma- nors given him. Hiftori ins are far from being clear in the Character of this Nobleman ; it is laid that when his Brother the Earl of Warwick defert- ed the Intereft of the Duke of York he did the fame, and raifed Forces in the North, and that by both Edward was driven out of the Kingdom. I:i tiie Parliament called on the Reftoration of Henry Of E N G L A N D. &$ tlenryW. the fame Authorities aflure us, that King Edward IV. the Marquefs came to it, and with many Words endeavoured toexcufe his having formerly acled for King Edward ; urging, that it was really the Fear of Death only thatoblig'd him to it j on which he obtain'd his Pardon, and was put upon the lame Footing, for Friendfhip, with his Bro- ther. Bur, adds one, if he had flood firm to Ed- ward ', he had done Henry lefs Harm, as an open Enemy, than a treacherous Friend j becaufe, thofe we are aware of feldom greatly hurt us (a).- For within a fhort Time after, King Edward re- turning, this John privately held a Correfpon- dence with him ; and being then with a large Army at Pontefracl, he fuffer'd Edward to pals by him without any Moleftation. That after- wards he outwardly made a Shew of joining with his Brother the Earl of Warwick, and the reft of the Lancajlrians at Barnet, but that he privately got on King Edward's Livery, in order to take his Part ; which being difcern'd by fome of his Brother's Servants, they forthwith fell upon him and killed him (b). Theie laft Particulars are only mention'd by Dugdale, who quotes Leland's Col-- leftanea for his Authority ; but, if this had been true, his Son Gw£*, without the higheft Ingrati- tude, had never fuffercd as above. For we are told, that by his Father's Attainder, at this Time, he was deprived of fufficient Livelihood \. and lofing all his own Honours and Titles alio, he retired to Sheriff Htt on Caftle, in Tori/bin, where, Anno 1483, 1 Edward V. he died. The Earl's other Brother, George Nevile, Archbifhop of York, famous for his extraordinary Inftallat.on-Feaft, lived fome Time quietly un- der Edward's Government. But the King Z z growing (a) Porro Ji is cum Edwardo ftetiJJ'et, Dubio frocul minus Ho/Tit quant fucofus Amiens IcrJijJ'et ; quoniam qua: cavemus raro bandit ranrittr voccnt Pol. Verg. />. 52X. {b) DuGPALt'i Baronage, Vol. I. p. 308. from Lthnd, k 356 The 'Parliamentary Histokt King Edward iv. growing jealous of him, at laft feized on his Per- fon and Effefts by a Stratagem, and fent him Pri- foner to the Caftle of Guifnes, where he foon after died. Thus the Crime of double Perfidy was amply reveng'd by the Deftruttion of this whole noble Family. But to return to our Parliamen- tary Proceedings : To foften the Rigour of the laft Sentence, we find that fome others, who had been attainted, were pardoned and had their Eftates reftored to them. The principal of which was Sir Thomas fere, Knight, Brother to John late Earl of Ox- . - ford, which Family had been ftrongly attach'd to the Houfe of Lancafler ; for, even after the Battle of Tezvksbury, the laid Earl and his Bro- thers retir'd to St Michael's Mount in Cornwall and held it out againft King Edward fome Months. The Earl himfelf, however, fuffered feverely ; for tho' he was pardoned as to his Life, in the Parliament of the 1 2th of this King, yet he was made a clofe Prifoner, in the Caftle of Guifnes, and continued fo to the laft Year of Richard the Third. In all which Time his Lady was never fuffered to come to him, nor had any Thing allow'd her for Maintenance ; but lived upon the Charity of well difpos'd People, and by what me could earn with her Needle, or other feminine Employments (0- We muft not omit another Remark, viz. that the Procefs and Judgment againft another Lady, called in the Record Anchenette Twindowe, for poifoning Ifabel, late Wife to George Duke of Clarence, and for which the laid Lady had fuffer'd Death at Ware, the Year before, were utterly repealed by this Parliament : Probably it being found a wrong Accufation, this Was to make fome A- mends to her Family. On the Petitions of the Commons fome ufeful A£ts were made this Parliament j as, ' That all Irfi (c) Fasta*;': Clror. Fol. cc,xw. O/ENGLAND. 357 * Irijh Money fhould be prohibited in this King- King Edward iv f ' dom. That it fhould be Felony to carry out ' of England, or IVales, any Coin of this Realm, c or any Plate, Bullion, Jewels of Gold or Silver, * without the King's Licence, 13c. An Aft a- Several ufeful ' gainft unlawful Games, fuch as are there call'd Afts paired. * KloJJe, Half-bowle, Rayles, Hand in Band, * or ^uechbord, on Pain of two Years Imprifon- * ment and Forfeiture of Forty Pounds ; and 6 whofoever mould fuffer any other Perfon to 4 play at fuch Games in his Houfe or other Place, * mall fuffer three Years Imprifonment and forfeit ' twenty Pounds. A long Aft for regulating « Apparel, which had then grown to a very great * Extravagance. An Aft was made to repeal a * Parliament holden Anno 9, Edward IV. [or * Anno 4.8, Henry VI.] with all the Afts there- ' in made, and their Exemplifications (d).* Laft- ly, The Abridgment mentions an Aft to conti- nue only to the next Parliament, ' To oblige all * Irijhmen born, or coming of Irijh Parents, who ' refide in England, either to repair and remain- * in Ireland, or elfe to pay yearly a certain Sum, ' there rated, for the Defence of the fame.' .Alfo, * That an Ordinance was made for John ' Atwill, a Burgefs, in this Parliament, for the ' City of Exeter, (who had been condemn'd in the * Exchequer, on eight feveral Informations, at the 4 Suit of John Taylor, of the fame Town,) to have - c as many Superfedeas, as hepleafed, until his com- ' ing to his own Home'. An Aft of Privilege dircft- . Iy in the Face of the other Courts of Juftice, and is fomewhat extraordinary at that Time. The Reader may obferve that no Supply was either asked or granted this Parliament ; fome o- ther Neceflities of State requiring this Meeting ; and the King ftill fubfifting himfelf on his own Revenues. About this Time a Difcord arofe between the Z 3 King \d) See before in this Volume,^.. 33+. 35S The Tarltamentary History King Edward iv« King and his Brother George, Duke of Clarence ; which ended in the Deftrudlion of the latter. ' It was obferv'd, fays the Hifisry of Crcyland (e), that the Duke withdrew himfelf, by little and little, from the King's Piefence ; in Council he would fcarce ipeak a Word, nor would he wil- lingly either ear. or drink in the King's Palace. A Quarrel be- This Coldnefs in the Duke was thought by many SX^S to proceed from the general Resumption of George r>uke of Crown Lands, which, as has been faid, the King chrencc. nac } pra&ifed ; by which the Duke had loft; the noble Lordfhip of Tutbury, and feveral other Lands which the King had formerly given him* Add to this, that on the Death of Charles Duke- of Burgundy ; Mary, his only Daughter and Heir, by Margaret, King Edward's Sifter, was defign- ed by her Mother to be given to Clarence, his Own "Wife being newly dead ; but the King, fays our Authority, not willing his ungrateful Brother mould gain fuch a Fortune, impeded the Match fo much, that it never took Place ; and the. young Lady was afterwards married to the Em- peror of Germany's Sen, Maximilian. The Duke's Anger, was by this Ufage much more raifed againft the King ; and they began to regard one another with no brotherly Aipefts. Befides, Flatterets and Tale-bearers, who always haunt the Courts of Princes, by carrying and repeating Stories, made the Matter ftill worfe between them. But the Reafon of the Duke's Imprifon^ ment is faid to be this ; one John Stacey, whom our Author calls an Aftronomtr and a greatNe- cromancer, was joined in Confederacy with Tho- mas Burdet, Eiq, one of the Duke's Servants ; and they were nccufed of compafling the Death of Richard ho\d Beaucbatnp, at the Inftigaiion of his Wife, an Adulrrefs, by making of Leaden Images, and other Things to that Purpofe. Sta* (ey having pafs'd a fevere Examination, on the ' exercifing (*)Hxst. Croyl. Cont, 561, 562. Of ENGLAND. 3 jp exercifing this damnable Art, fays the Monk, KingEdwardiv. confeft many Matters both againft himfelf and againft the faid Burdet, who was thereupon taken up. They were both tried in Wejiminjler- Hal/ y at the Bar of the King's Bench, moft of the Lords Temporal fitting with the Judges, where they were found guilty and condemn'd to fufFer Death for it. Being drawn to Tyburn, and Tw0 of the lat( _ permitted to fpeak what they pleafed ; Stacey faid ter's Confede- " little, but Burdet, with great Boklneis anc many rates executed » Words, declared his Innocence, and ended h,sj^ e n n g c ^ e,r Difcourfe, adds the Monk, with thefe Words of. Sufanna, * Ecce r/iorior, cum nihil horum fece- « rim {f): The next Day the Duke of Clarence came in- to the Council Chamber, at Wejiminjler ; and brought with him a famous Divine, of the Order of Minor eU^ who had taken the Confeflion and Declaration aforefaid, and repeated it to the Lords of the Council ; which, as foon as he had done, the Duke withdrew. The King was at that Time at JVmdJor y and when he was told this Af- fair, he fell into a vehement PaiTion at his Brother ; and recollecting in his Mind all ihe Informations he had receiv'd againft him, he fummon'd him to appear before him on a Day appointed, in the Palace at Wejlirinjler^ when the Lord Mayor and Aldermen (f) This Burdet is the Man whom all our later Hiftorians parti- cularly mention for being executed on a very trivial Accufation, King Edward, in ibme Progrefs that he made, took Cccafion to hunt in this Gentleman's Park ; and amongft lcveral Deer that he kill'd, mot a white Buck, which the Squire much valued. And faying that he wifh'd the Horns of the Buck in that Man's Belly who advis'd the King to kill him : This was conftrued as wishing the Horns in the King's Belly, and he was executed for it. Our Cotemporary Hiftoriam, from whom we have quoted, mention nothing of this Buck-Affair j and old Stotvc fays, exprefly, that he was accus'd of Poifoning, Sorcery, and Inchantment, heinous Crimes in thofe Days to be even fufpc&ed of 5 for which he was attainted by Parliament, drawn to Tyburr, and there beheaded. This may therefore be look'd upon as one of the partial Strokes at die Houfcof York, by the Lar.cajlrijn Writers who fucceeded. Stows'; Cbroji. p, 430.. 360 The 'Parliamentary History King Edward IV. Aldermen of London were prefent ; and there the King, with his own Mouth, ' acculed the Duke of many Articles, particularly the lail mentioned ; aggravating it vehemently againft him, and charging the Duke with ftigmatiling him as a Reprobate to the Laws of the Land, and that his Judges and Juries were equally un- juft. Upon which the Duke was fent Prifoner to the Tower, from which Imprifonment Death only freed him. What follow'd in the next Parliament, Hill adds our former Authority, ' Mens refugit enar- * rare ;' fince it was a melancholy Sight to fee fuch Dlfcord arife between two Peribns fo near akin in Humanity, for no one charged the Duke but the King, nor no one anfwered the King but the Duke. Some, however, were produced, of whom it was much doubted, whether they came as 1 Accufers of the Duke, or Evidences for him. .«_ t> t i.:« The Duke anfwered all Objections to his Con- The Duke him- _ . , J . . . fdf tried, con- duct, by aflat Denial ; offering, if it might be demned and exe- granted, to defend his Caufe by Combat. S$uid cutjd. triultis iinmore'r ? the Houfe of Lords were of O- pinion that the Evidence againft the Duke was fuf- ficient ; and therefore proceeded to Condemnati- on, the Sentence of which was pronounced by Henry Duke of Buckingham, for that Time made Lord High Steward of England (g). Execution, however, was delay'd, 'till the Speaker of the Houfe of Commons and his Brethren were called before the other Houfe, when a Rehearing of the whole Matter was made before them. The Con- fequence of all which was, that the Duke was put to Death, within the Tower of London, in a few Days ; but what Kind of Death he fuffered is unknown, Utinam Finis Mali (h). This is the honeft (g^ Sir William Dugdale fays, that the Duke was not attainted in Parliament till after his Death j but the Authority afore-quoted, which proves to the contrary, is not to be contradicted. Dugdaj e's Baronage, Vol. II. p. 164. (b) Moll Authors agree that lie was drown'd in a Butt of Malm* fey Wifler Of E N G L A N D. $61 honeft Monk's Prayer, at the End of his Kii^EdWard rv 5 . Tragic Story. And a fuperftitious Perfon would be apt to believe that he had either forefaw, or dreaded, fome future Mifchief might happen, as indeed it did, to the two Children of this unfortu- nate Prince, Edward Earl of Warwick, and Margaret Countefs of Salisbury j both born, fays an Hiftorian, under the fame malevolent Conftel- lation with their Father, for he loft his Head in Henry the VIIth'sTime, and fhe hers by Com- mand of Henry the Vlllth (i). We have choie to tranflate all the abovefaid Account from the Cotemporary Hiitory before quoted ; as thebeft Authority we can give of this extraordinary Proceeding. Add to this, that all our ancient Chronicles, are exprefs that the Duke was condemn'd by Parliament ; and yet there is not one Word of it, or of any Parliament being iummon'd at that Time, to be found on Record. It is probable, that the great Grief, which all agree the King exprefs'd afterwards, for fuffering himfelf to be hurried away by Prejudice and Pafli- on againft his Brother, was the Occafion that the Procefs was kept out of the Records. But the particular Writer of this King's Life is more explicit ; and hath not only laid the Death of the Duke of Clarence to the evil Machinations of his Brother Ghcejler^ but hath alfo given us the Sum and Subftance of the Bill of Attainder againft him ; which, as it lays the Matter fully open, we fhall give in his own Words as follows (k) : ' In his Attainder, according to the Form, are The Form of ac- < Crimes enough to make his Death have Appea- JjjJ 6 " 8 " 04 * ranteof Juftice, the Execution of which theKing * feem'd rather cohftrain'd to, than to have fought. * For there are reckon 'd up, How the Duke of ' Clarence (0 Biovdi. Vol: II. p. 66. (kj Mr Uablngton feldom quotes his Authorities j hut thb is ■noft certainly taken from old Stowc, who fays he has read the ■Attainder, Cbron. p. 430, King Edward IV. 362 The Tarliamentary History Clarence, to bring the prefent Government in- to Hatred with the People and thereby the prefent State into Trouble, had not only in his Speeches frequently laid Injuftice to the King's Charge in attainting Thomas Bwdet falfly, con- vidt of many notorious Treafons; but fuborn'd many of his Servants and divers others, cor- rupted with Money, to divulge the like fedi- tious Difcourfes : That he had fpread Abroad impious Rumours that the King dealt by Necro- mancy ; and that, upon Offence againft fuch of his Subjects whom by Order of Law he could not deftroy, he was accuftom'd to take them away by Poifon : That he had not refted there, but thereby to advance himfelf to the Kingdom, and for ever to difable the King and his Pofte- rity from the Crown, he had contraiy to Truth, Nature and Religion, Viper-like deitroying her who gave him Life, publinYd that the King was a Baftard and no Way capable to reign : That to make this his fo monftrous Ambition more fuccefsful, and already to begin his Ufur- pation, he had caus'd many of the King's Sub- jects to be lworn upon the moft blefl'ed Sacra- ment to be true to him and his Heirs, without any Exception of their Allegiance ; after which fo fol-mn Oaths, he difcover d to them his Re- fblution to right himfelf and his Followers, who had both fullered by the King's violent wreft- ing away their Eftates ; and in particular to revenge himfelf upon the King, who (as he moft impioufly and falfly fuggefted) had by Art-Magick contrived to confume him as a Candle confumeth in burning. And, what moft exprefs'd the Treafon of his Defigns, that' he had got out an Exemplification under the' great Seal of Henry VI. late King; wherein was fhewed how by the Parliament it was enacled, that if the faid Henry and Edward his Son fhould die without Ifiue-male, the Kingdom (hou Id de- • fcend upon the Duke of Clarence and his H eirs ; * whereby Of E.N GLAND. 363 c whereby clearly appear'd his Intention, imme- King Edward iv, * diately to poflefs himfelf of the Crown,, with ' Deftruclion of King Edward and his Chillren, ' by Pretence of a general Election of the Com- * mon- wealth. This was the Sum of his Attain- ' der, which we may well believe had not ib eafi- * ly paft but by the King's publick declaring him- * lelf ; the fecret working of the Duke of Glou- ' cefter ; and the paflionate urging of the Queen's ' £ indred - * ut this Attainder hath in it one His Death ch * Thing moll remarkable, that Clarence here falfly e d on his Brother * was accufed of laying Baftardy to the King, to Richar( i Duke of « endeavour Pofieflion of the Crown ; which GWfter - * afterward was alledg'd indeed by Richard, Duke 6 of GlouceJIer, to the abfolute Difinherit of the * King's Sons.' It was not till five Years after the Difiblution Anno Regni 22. of the laft Parliament, that we meet with another H 8 *- on Record, which was fummoned by Writs, AtWeftminftcr ' dated at Wejiminjler, Nov. 15 th, in the Z2d and laft Year of this King, to meet at the fame Place, on the 20th of January following. The firft Writ to the Peers, was directed to his molt dear firft born Son, Edward Prince of Wales, &c. and the next to the King's other Son, Richard Duke of York. Being all afTembled on the Day appointed, the Archbifhop of lork, Thomas Rotheram, Lord Chancellor, opened the Seflion, by a Speech on this Subject, Domw-is lilumlnatio mea &' Saks mea. After which he directed the Commons to chufe a Speaker; who, the next Day, prefentedftyr 1 ',*' 5 " John Wood, Efqj for that Office. ^Speaker. The firft Thing, on Record, which was done in this Parliament, is, that the Houle of Com- mons voted a Supply ; and by the Confent of the Lords Spiritual and Temporal, a Tenth and a Fifteenth, to be levied on the Laity, was grant-ASubfidy, cd ; except a Dedudtin of 6000 /. to be bellow- ed on decay'd Towns. Alfo, a yearly Subiidy to 364 The Tarliamentary History King Edward iv. t0 ^ e levied on all Strangers, as well Denizens as others. And, At the Requeft of the Commons, in Recom- penceof the above Grant, the King commanded that all the Statutes, concerning Weights and Meafures, Labourers, Beggars, and Vagabonds, fhould be proclaimed and duly obferv'd. A yearly Rent, or Annuity, out of the King's Cuftoms and other Revenues, amounting to the Sum of 11,000 /. was fettled, by Parliament, for defraying" the King's Houfhold Expences. The reft of the Bufinefe tranfa&eci in this Par- liament, which The Abridgement givrs us, was chiefly Gifts and Exchanges ot Mrnors and other Hereditaments, in the Dutchies of Comwal and Lancajler, which would be too tedious to men- tion. Except, that a Very large Grant to Richard Duke of Glocejier, of the Wardenfhip of the North- Marches, together with the Caftles, Towns, Lordfhips, Cuftoms, and Fee-Farm of Carli/Ie, and Newcajlle ; with fewral of the King's Here- ditaments, belonging to the Dutchy of Lancajier, in Cumberland j and feveral Countries and Lands within Scotland there mentioned, and fome Royal Prerogatives within the fame, to hold the famq of the King by Knight's Service, was confirm'd by Parliament. This extraordinary Grant, with what has preceeded, were but too ungratefully re- paid, as will appear in the Sequel. Alio, In fome Grants, Leafes and Releafes made be- tween the King, the Abbot of St. Mary's, York* and the Prior of St. Johns of Jerufalem, con- firmed by this Parliament, Mr. Prynne, the Pub- lifher of the Abridgement, remarks, * That in all ' thefe Grants, as well of the laid Abbot, as the ' faid Prior, they feverally ftile the King by thefe 4 very Words, Supremus Dominus nojler Edwardus * quartus, Rex. At which time, adds he, if there ' was any Pope, either his Power here was very * little, or elfe not much regarded.' Some O/ENGLAND. $6 S Some Acts are, alfo, in the Statute-Books, KingEiwardrv. made this Parliament, for the Advantage of the Publick, to which we refer ; and mall only men- tion one, by which all former Statutes made, touching the Excefs of Apparel, were repealed. And, what kind of Apparel, Temporal Men, of a fumptuaty every Degree and Eftate, were allowed to wear. Law. Alfo,' * That none, under the Degree of a Lord, * except certain Perfons particularly named, mail * wear any Gown, or Mantle, unlefs it be of fuch * a Length, that a Man Handing upright, it (hall ' cover his privy Members and Buttocks (/).' But, though our Records inform us of no pub- lic Affairs being tranfacted this Parliament, yet the Hijiory aforementioned is not fo filent : That Authority tells us, * That Edward's foreign Nego- tiations were driven to a very difagreeable Crifis. He now found out, that Lewis the French King, had long made his Game of him ; and, at prefent, feemed fo much to defpife his Power, that he not only withdrew the annual Tribute ; but, actual- ly forbid the Marriage of the Dauphin with the Princefs Elizabeth, Edward's eldeft Daughter, tho* they had been folemnly contracted : That the Scots, having a Mind to break the Truce, firff, defpifed the Match that was agreed upon between their King and Cicely* another Daughter of Ed- ward's, and then openly efpoufed the Caufe of France. Other foreign Concerns relating to his Friend the Duke of Auflria, gravelled him ; nor were his domeftic Affairs in any profound Degree of Tranquillity. Under thefe Dilemmas, adds ™ e ii £ i f B ? L Fcat * our Author, he found himfelf neceffitated to call y ' a Parliament, to whom he opened the Caufe of his Troubles, and the fraudulent Ufage he had met with from the Powers above mentioned ; and begg'd of them to affift him to revenge the Af- front. Neverthelefs, he durft not, /ays the Monk* ask {/) Statutes at Laisej Anno n, EdivarflV. &f>, i. '466 Ihe ^Parliamentary History King Edward rv.afk any SubfiJy from the Commons; but too^ more Freedom with the Clergy, to whom he told his Neceffities, in a kind Manner ; and they, with TheCiergy grant as much Benignity granted a Tenth ; and were fo him a Tenth, complaifant to him, that whatever the King afkM they granted. Here the Monk (alls into an Excla- mation againft fuch Practices ; which becaufe it is lingular in its Kind, we mall give in his own Words. O Jet vile, pernitiofum Exitium Ecclefiae ! Avert at?, Deus, ab omnibus Regum fucccdentium Animis y Faclum ejufmodi in uttam trahere Confequentiam j ne forfan ipjis ea Mala, five deteriora, excogitare pojfmt, eve want, qua ?nox huic Regi, & fua da- rijfimc& Pojhritati, miferabiliter evenerunt (m). The Abridgment of the Records hath given us the Names of the Peers fummoned to attend a Parliament at Wejlminjler^ January the 20th, in the twenty-third Year of this King. But there are no Proceedings of fuch a Parliament, on Re- cord ; it is probable they never met, being pre- vented by the lad Sicknefs and Death of the K ng, The Death of wn i cn happened foon after. For he died at his Edward iv. Palace of Wejhtiinfier the 9th Dav of April, Anno 1483, and the 23d Year of his Reign. The mteftine Troubles that were on Foot, in this Kingdom, when this Monarch began his Reign ; and which continued, by Intervals, during the greateft Part of it, yields but fmall Matter for theie Parliamentary Enquiries. And, indeed, when Edward, by many Vidtories, had ait length fub- dued all his Enemies, we find but very few Par- liaments called, in proportion to fome former Reigns. It is probable, that this King had taken fome Difguft againft thefe Aflemblies, by obierving that they ever declared on the ftrongeft Side ; a flagrant Inftance of which was, the Recogniiing and Swearing io defend two oppolite Titles, in lels than the Space of fix Months (n). It is true, that the Kingdom had been wafted, to the very Bones, as (n) Hist.Croyl. Cvtt. 503. M See p- 3>4> 339- Of ENGLAND. 367 as it were, by the great Depredations, always con- King Edward r* fequential to Civil Wars ; and the Commons left in fo poor a Condition that they were little able to grant Supplies. This might be another Reafon why this King chofe not to opprefs them by Taxes ; but to fupport himfeif on the Reve- nues of the Crown, his own paternal Eftate, Be- nevolences from the Rich, and the Returns of Money he muft neceflarily acquire by Traffick in his mercantile Affairs. In relation to Trade in general ; though the Reader may obferve that many good A6ts were made in this Reign to en- courage it, particularly the Woollen Manufactory ; yet, moft Authors have accufed this King of a very falfe Step, in making a Prefent to the King of Spain of fome Cot [wold Sheep j the Breed of ■which have been very detrimental to that laft- named natural Branch of Trade ever fince. But one old Hiftorian (o), has in fome meafure cleared him from that Afperfion ; by obferving that long e'er this, Sheep muft have been common in Spain* as is apparent by a Patent, granted by K. Henry II. An. 1 1 85, in the 31ft of his Reign, to the Weavers^ of London , that if any Englijh Cloth was found to be mixed with Spanijb Wool, the Mayor of London mould fee it burnt -Thus much we have thought proper to fay at the Conclufion of this Reign ; but as to the Virtues and Vices of King Edward IV. in a more general Way, we leave them as they were ; fince it is well known, that the good and bad Characters of this Prince is fufficiently difcufs'd by other Hiftorians. (0) Jt Stowe, P. 419. A League of Friend/hip and Com- merce having been ratified between King Ed-rvard, Henry King of Cajiile, and John King of Arragin ; the former judging it Tery beneficial to England, made die latter a Prefent of thefe Sheep. Anno 1465. Taxes 3^8 Ths Parliamentary HisTort TAXES during the Reigns of King Henry VI. and King Edward IV. In the Firft Year of Henry VI. the Commons, with the Affent of the Bifhops and Lords, grant- ed to the King the fame Subfidy on Woollen or Staple Wares, Tunnage and Poundage as for- merly, for two Years to come. In his Second Year the fame Tax was renew'd. In his Third Year the former Subfidies on Wools was granted for three Years longer j and Ton- nage and Poundage for one Year ; upon Condi- tion, that foreign Merchants fhquld be ftri&Iy looked to for their Duties. In his Fourth Year the fame Subfidy on Wools, &V. with Tonnage and Poundage, was granted for two Years, as in the preceeding Parliaments. In his Sixth Year the Parliament granted a Sub- fidy of 3 s. a Tun for all Wine imported, and i s. in the Pound for all Merchandize. Bolides this, there was a kind of a Poll-Tax on every Parifh that was worth ten Marks per Annum ; ten of the chief Parifhioners were to pay 6 s. and 8 d. a Head. And in every Parifh worth io /. a Year, the like Number of Parifhioners were each to pay a Maik. In all Corporations, every Perfon worth above 20 s. befides his Apparel and Houfhold Goods, was to pay .4 d. each to the King ; and fo pro-' portionably for every twenty they were worth more. In his Eighth Year a Supply was granted of one whole Tenth and one Fifteenth, to be levied on the Laity. , The Commons, at the fpecial Inftance of the Bifhop of Winchejler, juft then made a Cardinal, granted another Tenth ,and a Fifteenth, to be levied as above. They, alio, gave the King a Grant of Tunnage and Pound. .ge, to con - tinue till the next Parliament. In the fame Seffion they gave the King the fame Subfidy on Wools, as was granted in former Parliaments* Of E N G L A N D. 3 6 9 Parliaments, for two Years. And at the fame Time, they confented to fhorten the Payment of the lad Tenth and Fifteenth, to relieve the pref- fing Neceflities of the State. In his Ninth Year the Parliament granted a Supply of one Tenth and one Fifteenth, and a third of both. They, alfo, gave Tonnage and Poundage for two Years, with a Subfidy of the like Value on all Merchants Aliens, over and above the faid Tonnage and Poundage. The Commons, alfo, granted to the King 20 s. from evrv Layman holding a Knight's Fee, and ac- cording to the Value under or over. The fame from the Clergy for all Xands purchafed fince the 20th Edward I. And that all other Perfons, hav- ing Hereditaments to the Value of 20/. over all Reprifes not held as above, fhall alfo pay 20 ;. and fo according to Rate : But this was afterwards given up by the King. In his Tenth Year he had one Tenth and half a Fifteenth ; alfo one Year's Subfidy on Wools, and the fame Tonnage and Poundage, as in the laft Parliament. But he releas'd the Increafe of Six-pence in the Pound on Merchant- Strangers. The next Year the Parliament granted a Tenth and a Fifteenth, to be levied on the Laity. They likewife granted the fame Tonnage and Poundage given the laft Year, for two Years to come ; as, alfo a Subfidy of 53;. and 4 d. on every Sack of "Wool for three Years enfuing ; and befides this a Vote of Credit of 100,000 Marks. In his Fourteenth Year a very'unufual Subfidy was granted, viz. That every Perfon holding any Frank Tenant in Lands, Annuities, Fees, Offi- ces, or Hereditaments, above the yearly Value of 5 /. fhould pay 6 d. for every Pound, upon his Oath ; and a Tenth and a Fifteenth was granted on the Laity. A Subfidy, alfo, on every Sack Of Wool ; 33 s. ±d. from Merchants Denizens, and 46 5. 8 d, from Aliens; and fo according to Vol. II. A a that 3?o The Parliamentary. History. that Rate on other Staple Ware, with Tonnage and Poundage for two Years. Inhis Fifteenth Year the Subfidies granted were the like Tenth and Fifteenth,, as' in the laft. Alfo, the fame Subfidy on Wools, &c. was granted for three Years to come. In his Eighteenth Year a Tenth and a Fifteenth, and half a Fifteenth, was granted to be levied of the Laity,, as in his fourth Year. An Impofr on. Wools was alfo granted for three.Yeara ; apd that all Aliens,. not Denizens, withinthe Realm, fhould pay to the King yearly i6) Richard's own Policy here failed him j for it was owing to the Defertion of this Sir Thomas Stanley, and his Forces, that he afterwards loft his Crown and Life, at the Battle of Bojioorth. Stanley was created Earl of Derby by llsnry VIL. ^S 2 TheTarliamentaryMiSTOKY K.RichnniriiL find no Guile, to confine her clofely ; and fufFer rfo Mefiengers, of any Account, to pafs between her Son and her, that might difturb the Peace of the Kingdom. The fame Author adds, that by Confent of this Parliament a- Peace with the Stoti t Who had begun Hoftilities on the Englifh Borders, was concluded.* The particular Writer of this King's Life QJJ and a very particular one he is indeed, for, he has taken true Pains to warn his Blackmoor white, is more explicate than any other in his Account of the Proceedings in this Parliament. He fays, I That in this Parliament were many good Laws 1 cnacled ; the Marriages of King Edward were 4 debated ; that with the Lady Gray adjudged * unlawful, aird her Children illegitimate ; there ' being Proof of a former -Contra dr. and Marriage ' with the Lady Eleanor Taffat, Daughter to- the c old Earl of Sbreivsbury, and' Relict of the Lord * Sutler of Sudeley, then, and long after, living. 4 All th.it had been inferred by the Duke of + Buckingham, or contained in the Bill fupplica- ' tory, demonftrated, was again confuted, and * Judgment given againft that Marriage ; the 4 incapacity alio of the Children of the Earl of * Wanvkk and his Sifter, the Lady, Eliza! 9fh 4 Phntcigeuct, were all decreed and confirmed by l * Ad of Parliament. So that here, adds ctir * A::i-kor, to tax. lb general an A fTent, were to fry " there was not one hunef: or juft Man in : ih$t * high Court j and what greater Scandal can there * be gainftthe whole Kingdom ? - * There was likswilt: Notice taken of the Earl * of Rrcfrmwd's Pretence to the Crown, by a * Title derived from -the Konfe of Lancafler ; ■'who was at that Time in France labouring to ' engage the King and the Duke of Btittain in his (?) George'Bvck, Efq; AutWof theHiiloiy of King Rick ardlil. feT. t647, London. But finc6 printed with Notes in Kenned ~, Co:- O/ENGLAND, 3 X 3 * Quarrel. Oh ! the infinite Windings and per- k. Richard nj, * plexed Steps we labour thorough, to get that ' which we mult bid Goodnight to To-morrow ; ' and yet the true and rightful Lancafler had no * Finger in this ; for this Earl was not then * granted to be of the Houfe of Lancafter ; until ' the Pope, by his Bull, had given him that Title j * and himfelf, after he was King, by his Prero- ' gative aflumed it. In this. Parliament he was * attainted of High Treafon, and with him John * Earl of Oxford^ Thomas Marquefs of Dorfet, * Jafper Earl of Pembroke, Lionel Bifhop of « Salisbury, Pierce Bifhop of Exiter, the Lady * Margaret Countefsof Richmond, Thomas Morton « Bifhop of Ely, Thomas Nandich by the Stile of * Thomas Nandich of Cambridge, Conjurer, * William Knevet of Buckingham fmeared with ' the fame Pitch, George Brown of Beachworth^ * Thomas Lukenor of Tratton, John Guilford, *■ John Fogg, Edward Poinings, Thomas Ficries ' of Cherjlmonceux, Nicholas Gainford, William ' Clifford, John Dotrel, with others of Kent and ' the Wejl Country. There was further enacted, * for the Approbation and confirming the true c and lawful Title of King Richard, this Claufe or * Sentence, It is declared, pronounced, decreed, confirmed and eflablijlied, by the Authority of this prefent Parliament, that King Richard III. is the true and undoubted King of this Realm ; as well by Right of Confanguinity and Heritage, as by lawful Election and Coronation, &c. Our Author proceeds with this Remark, * That *' in a Place of the Roll of this Parliament, there * are Arguments to be gathered, that the two ' Sons of King Edward were living in the Time 4 of this Parliament, which was at leaft nine * Months after the Death of their Father, and ' fix Months after Richard was declared King. * Which, adds he, will import thus much, That «if 384 7%* Parliamentary History. K. Richard m. * if King Richard differed them to live fo long, 1 there is no Reafon why he mould after make 'them away ; for their Lives could not rectify \ their Blood or Titles, nor their Deaths advan- ' tage him. Neither can Baftards be dangerous * or prejudicial to the true and titular Lord, or ' lawful Proprietor, be he King or Subjedt ; * witnefs Foreign Countries, and England itfelf, * which holds Baftards uncapable of Heritage, * Honour or Offices.' Thus far we have thought proper to extract, verbatim^ from this Panegyrift ; and mall only add, what the Annotator in Rennet's Collection remarks on the PafTage of Edward's Children being alive at the Time this Parliament was fitting. He fays, * That the Author would have ' done much towards the Credit he drives at in * his Hiftory, to have fpecified the Place of the * Roll and the Words thereof, whence fuch * Arguments might be gathered. F or, adds he, 1 all Hiftories relate the Murthers to be committed * before this Time (r)' But, to fetafide all Doubts in this Matter, Sir Robert Cotton hath left us a full Tranilation of this Bill for excluding of Edward's Children, and fettling the Crown on Richard and his Defcen- dants ; extracted from the Parliament Rolls, in the firft Year of his Reign. As this is the laft Parliamentary Record, which we can have from that painful Collector and Abridger of thofe moft valuable Monuments of Englijh Hiftory, then and now depofited in the Tower of London-, we (hall give it verbatim^ along with the Annotations of William Prynne, Efq; the Editor of thefe curious Remains : And, the rather, becaufe this extraordinary Bill, tho' publilhed by Mr Prynne t?ear 1 00 Years ago, is fo far from being copied, tba-t (r) Kenr.et, p. 5»S. Of E N G L A N D, 385 that, except by one (a), it isfcarce takenNotice ofK, Richard ill. by any Englijh Hiftorian whatfoever. Anno primo Ricardi TertiL In Rotub Parliament i tenti apud Weftm. die Veneris viceflimo tertio die Januarii, Anno Regni Regis Richardi Tertii primo, inter alia conti- nents, utjequitur. Memorandum quod quadamBilla exhibit a fiat coram Domino Rege in Parliament o prcediclo in hac Verba. ' ^T 7Hereas late heretofore, that is to foy, ' W before the Confecration, Coronation, and * Inthronization of our Sovereign Lord King ' Richard III. a Roll of Parchment, containing ' in Writing certain Articles of the Tenor under - ' written, on the Behalf, and in the Name of the ' Three Eftates of this Realm of England, that is ' to fay, of the Lords Spiritual, and Temporal, ' and of the Commons by Name, and other Nobles ' and notable Perfons of the Commons in great ' Multitude, was prefented and actually deliver'd ' unto our faid Sovereign Lord, the Intent and ' Effect exprefs'd at large in the fame Roll j to the * which Roll, and to the Confederations, and ' inftant Petition comprifed in the fame, our faid * Sovereign Lord for the publick Weal, and * Tranquility of this Land, benignly affented. ' Now, forafmuch as neither the faid Three Vol. II. Bb 'Eftates (a) John Speed, p. 713. This Author concludes his Abftrac! ef this Bill with this Remark j * Thefe Things I have laid forth, * more at large, out of the Parliament Roll, that ye may under- * ftand both what and how great Matters, the Power of a Prince, ■ the outward Shew of Virtue, the wily Fetches of Lawyers, * fawning Hope, penfive Fear, Defire of Change and goodly Pre- m ' tences, are able to effeft in that moft wife Aflembly of all the * Eftates in the Kingdom, even againft all Law and Right j fo the * Saying of Solomon in this State feemcd moft true, that a living * Dog is better than a dead Lien, 3$ 6 The Parliamentary History K. Richard ill. ' Eftates, neither the faid Perfons, which in * their Name prefemed and delivered, as it is 1 aforefaid, the {aid Roll unto our faid Sovereign ' Lord the King, were aflembled in Form of Par - . * liament ; by Reafon . whereof divers Doubts, fented'by^verai ' Ql )e ftions, and Ambiguities being moved and Lords and Com- * ingendered in the Minds of divers Perfons as it monsout of Far- c jg (y^ (fr)' aiTwhen Duke ' Therefore, to the perpetual Memory of the of Gioceiter, de- ' Truth, and Declaration of the fame, be it thouVdonei aS ' ordainecl > provided, and eftablifhed in this Payment? '" ' prefent Parliament, That the Tenor of the faid * Roll, with all the Contents of the fame, * prefented as is abovefaid, and delivered to our ' abovefaid Sovereign Lord the King, in the c Name, and in the Behalf, of the faid Three c Eftates out of Parliament (c), be now by the ' faid Three Eftates aflembled in this prefent ' Parliament, and. by Authority of the fame, ■ ratified, enrolled, recorded, approved, and c authorized, to the removing of the Occafions ' of Doubts and Ambiguities, and to all other * lawful Effects that fhall now thereof enfue ; fo * that all Things faid, affirmed, fpecified, defired, * and remembred in the faid Roll, and in the ' Tenor of the fame, underwritten in the Name * of the faid Three Eftates, to the Effect expref- f fed in the laid Roll, be of the like Effect, Virtue, ' and Force, as if all the fame Things had been * fo faid, affirmed, fpecified, and remembred in ' full Parliament, and by Authority of the fame ' accepted and approved : The Tenor of the faid 7 j c of England. 1 Moreover, we confider how that afterwards ' by the Three Eftates of this Realm alTembled in ' Parliament, holden at IVeftminfter, Anno 17, * of the Reign of the faid King EdwardJV. he ' then being in PoiTe.flionof the Crown and Royal 4 Eftate, by Act made in the fame Parliament, The Duke of « George Duke of Clarence, Brother to the King cdtTa'rUamSt* ' Edward now deceas'd, was convifted, and ' ' attainted of High Treafon, as in the faid A<5t is c contained more at large ; becaufe, andbyReafon His iffue thereby f whereof, all the lilue of the faid George was, not inheritable, ' and is difabled, and barred of all Right and but uncapabietoc Q a j raj t hat in any Cafe they might have, or cl ^ theCrown *< challenge by Inheritance, to the Crown and ' Dignity Royal of this Realm, by the ancient ' Laws and Cuftoms of this fame Realm. c Over this, we confider, that you be the Richard in. de- < undoubted Heir of Richard Duke of York, very Hch d thereto U . bted< Inheritor of the faid Crown and Dignity Royal, * and as in Right King of England by Way of ' Inheritance ; and that at this Time the Premiiles ' duly confidered, there is none other. Perfon * living but you only that may claim' the faid ' Crown and Dignity Royal, by Way of Inhe- * ritance, and how that you be born within this * Land j by Reafon whereof, as we deem in our < Minds, Of ENGLAND. 39 % Minds, you be more naturally inclin'd to the K. Richard iii. Profperity and Commonweal of the fame ; and all the Three Eftates of the Land have, and may have more certain Knowledge of your Birth and Filiation aforefaid. We confider alfo the great Wit, Prudence, Juftice, Princely Cou- rage, and the memorable and laudable Ads in divers Battles, which as we by Experience know you heretofore have done, for the Defence and Salvation of this Realm, and alfo the great Noblenefs and Excellency of your Birth and Blood, as of him that is defcended of the three moil Royal Houies of Chriftendom ; that is to fay, England^ France, and Spain (/*). Where- fore thefe Premilles duly by us confidered, we defiring effectually the Peace, Tranquility, and weal publick of this Land, and the Reduction of the fame to the ancient honourable Eftate, and Profperity : And having in your great prudent Juftice, princely Courage, and excel- lent Virtue, lingular Confidence, have chofen by in all that in us is, and by that our Writing choofe you high and mighty Prince,' our Sovereign Lord (g), to whom we know of certain it appertaineth of Inheritance fo to be chofen (h). And hereupon we humbly defire, pray, and require your moll noble Grace, that according to this Election of us the Three Eftates of your Land, as by Inheritance, you will accept and take upon you the faid Crown and Royal Dignity, with all Things thereunto annexed and appertaining, as to you of Right belonging, as 4 well (/") His pretended Virtues and Fitnefs to reign as King ; his Va- lour in Battle ; his honourable and Royal Birth j without one Word of his defperate Treafons, Regicides, Murders, Hypocrify, f and other Vices. Pryr.ne. {g) His Election by the Three Eftates and this Inftrument, to be Kingof-E^W. Ibtd ' (b) They make his hereditary Title the Ground of their Choice. ' ttt~\ 32 a the Parliamentary History K. Richard III. « W ell by Inheritance as by lawful Election (i) j ' and in cafe you fo do, we promife to affift and * ferve your Highuefs, as true and faithful Subje&s e and Liege-men, and to live and dye with you ' in this Matter, and every other juft Quarrel ^ ' for certainly we be determin'd rather to adven- c ture and commit us to me Peril of our Lives and ' Jeopardy of Death, than to live in fuch Thral- * dom and Bondage as we have done long Time ' heretofore ; oppreffed and injured by Extorfions; ' and new Impositions, againft the Law of God 4 and Man, and the Liberties and old Policy, and ' Laws of this Land, wherein every Englijhman ' is inherited (k). Our Lord God, King of all ' Kings, by whofe infinite Goodnefs and eternal ' Providence all Things are principally go- ' verned in this World, lighten your Soul, and ' grant you Grace to do as well in this Matter ' as in all others, that which may be according to 6 his Will and Pleafure, and to the common and * publick Weal of this Land. So that after great ' Clouds, Troubles, Storms and Tempefts, the ' Sun of Juflice and of Grace may fhine upon us» ' to the Joy and Comfort of all true hearted 6 Englijbmen (I). * Albeit that the Right, Title, and Eftate which Thittfth? ' our Soverei g n Lord > Kin 8 •R'VAtfri III, hath to, crown °by the * ana " ' n the Crown and Royal Dignity of this Law of God aad £ Realm of England, with all Things thereunto Nature. t w ithin the fame Realm, and without it annex'd * and apdertaining, being juft and lawful, as ' grounded upon the Laws of God and Nature, ' and alfo upon the ancient Laws and laudable * Cuftoms of this laid Realm j and alfo taken 'and (/) Their Petition and Importunity to him to accept of the Crown, though himfelf moft eagerly thirfted after it. And his hereditary Right thereto feconded by their Election. Prynne. (k)- Their Promife to afiift, l'erve, and obey him, upon his Ac- ceptance thereof, as his Subjects, and to live and dye with him. And their pretended great Thraldom, Bondage, Oppreffions, &c. under his PredecefTbrs. Ibid. (!) Their Prayer for him, and their great Trouble, occ.iGon'd partly by himicJf. ttdd* Of E N G L A N D. 393 ' and reputed as fuch by all Perfons, being learned k. Richard nr. * in the abovefaid Laws and Cuftoms (m). * Yet neverthelefs, forafmuch as it is confider- ' ed, that the moft. Part of the People is not 4 fufficiently learned in the abovefaid Laws and * Cuftoms, whereby the Truth and Right in this 4 Behalf of likelihood may be hid, and not clearly 4 known to all the People, and thereupon put in * Doubt and Queftion. And over this, how that « the Court of Parliament is of fuch Authority, 4 and the People of this Land is of fuch a Nature * and Difpofition as Experience teacheth, that ' Manifestation or Declaration of any Truth or' ' Right, made by the Three Eftates of this Realm 4 affembled in Parliament, and by Authority of * the fame, maketh before all other Things, moft * Faith, and certain quieting of Men's Minds, * and removeth the Occafion of Doubts, and * feditious Language («). 4 Therefore, at the Requeft, and by the AUent * of the Three Eftates of this Realm, that is to * fay, the Lords Spiritual and Temporal, and 4 Commons of this Land, affembled in this prefent 4 Parliament, and by Authority of the fame, be it * pronounced, decreed and declared, that our faid 4 Sovereign Lord the King was, and is the very 4 undoubted King of this Realm of England, with * all Things theraunto within the fame Realm, The Crown ftt- 4 and without it, united, annexed, and appertain- tled , and snt / ll f* * ing, as well by Right of Confanguimty and He in of his Body. * Inheritance, as by lawful Ele&ion, Confecration 4 and Coronation (0). « And . (m) The Lawyers flatter and approve his Title. The common People ignorant in the Laws. Prynne. (») The Parliament's Authority with the People, when true, free, and real, confiding of the Three Eftates. It's Declaration quieteth all Men's Minds, removeth all Doubts and Seditions. Yet he that confiders 39 Hen. VI. [p. 294.] or 1 Ed. IV. [p. 3 14. J will fcarce beleive this for a Truth, neither prov'd it fo in his own Cafe. The Three Efhtes muft all concur to make a Parlia- ment, and valid Election. Ibid. (0) They decree and declare him the undoubted King of this Realm, by Inheritance and their lawful Election coupled together. Ibid. K. Richard III. His Son declared Heir apparent. 35>4 The Parliamentary History * And over this, that at the Requeft, and by the Aflent and Authority abovefaid, be it ordained, enabled and eftablifhed, that the faid Crown, and Royal Dignity of this Realm, and the Inheritance of the fame, and all other Things thereunto within this Realm, or without it, united and annexed, and now appertaining, reft and abide in the Perfon of our faid Sovereign Lord the King, during his Life, and after his Deceafe in his Heirs of his Body begotten, in efpecial at the Requeft, and by Aflent, and the Authority aforefaid, be it ordained, enacted, eftablifhed, pronounced, decreed and declared, that the high and excellent Prince Edward, Son of our faid Lord the King, be Heir apparent of the fame our Sovereign Lord the King, to fucceed to him in the abovefaid Crown and Royal Dignity, with all Things (as is aforefaid) there- unto united, annexed, and appertaining, to have them after the Deceafe of our faid Sovereign Lord the King, to him ? and to the Heirs of his Body lawfully begotten. * £>ucs quidem Billa Communibus Regni Angliae in ditto Parliamento exijlentibus tranfportata fuit y cui quidem Billa idem Communes Afjenfum fuum prabuerunt fub hiis Verbis : A cefte Bille les Communs font afl'entes ; quibus quidem Billa & Ajfenfu coram Domino Rege in Parliamento praditto, lettis, auditis, & plene intellects, & de Ajfenfu Dominorum Spiritualium tf? 'Tempora- lium in ditto Parl.amento fimiliter exi/lentium, C5f Communitatis praditta ; nee non Authoritaie ejufdem Parliament i pronunciatum, dec return, £sf declaratum exiftit, omnia, et fingula in Billa praedicta contenta fore vera et indubia ; ac idem Dominus Rex, de Afleniu diftorum trium Statuum Regni, & Authoritate praedicla, omnia & fingula prsemifla in Billa prasdicla contenta concedit, h ea pro vero & indubio pronunciat, decernit, & declarat (p). The (f ) Hire h« create* and ratifies his own Title. Jkid t O/ENGLAN D. , 395 The Reader is to obferve, that this Parliament K.. Richard m. is not introduced, in the Abridgment of the Records, or in the Roll itfelf, with that Formality as moft of or all the reft are. There are no Writs of Sum- mons, nor Names of Peers ; no Speech from the Throne, or from the Lord Chancellor, declaring the Caufe of the Meeting, nor any Speaker to the Commons mentioned in it. Neither is there wSKXSJJ Notice taken of a Tax or Subfidy ; tho' this Im- f thisParlk- pofition is faid, by Hiftorians, to have been verymcnt. grievous and burthenfome to the People. There is no manner of Wonder that the Ac\ of Attain- der, againft the Earl of Richmond and his Fol- lowers, is not to be found on Record : Conqueft and Succeflion to the Crown, foon after, gave him Power enough, not only to abrogate that Aft, but even to erafe it from the Records. And, the Reafon the abovefaid Roll is yet extant, may be affigned to the Policy of the Conqueror ; fince it convey'd a Stigma, or Blot, on the Houfe of Tork t by baftardifing of Edward's Children. And, yet, this politic Succeflbr was obliged to marry the eldeft Princefs of that Houfe, by Compact and Agreement with his Coadjutors ; in order to fettle for ever thofe fatal Differences, which had divid- ed and torn the Nation for fo many Years, about the difputed Titles of York and Lancajler. Richard was well aware that this propofed Union was the greateft Motive, the Malecon tents to his Government had, to draw in many more indifferent People, not only to wifh for, but to en- deavour to bring it about. In order, therefore, to fruftrate this Project, he took a pious Refolution to add Inceft to the reft of his enormous Crimes, by marrying the Princefs Elizabeth his eldeft Bro- ther's Daughter himfelf. The Hi/lory cf Croy- land informs us, that, during the Sitting of this Parliament, Richard, by fair Promifes, mixed with fome terrible Threats, had, at laft, prevailed upon the too eafy Queen, to fend all her Daughrers to Court j where they were received, by their unnatural 3$6 The 'Parliawentdry Hi stout K. Richard I1L imnaturai Uncle, with all feeming Tendernefs and ArFedtion. At this Time alfo, the fame Autho- rity tells us, that the King got together, almoft, all the Lords Spiritual and Temporal in the Kingdom, the Chief of the Members of the Houie of Commons, and the principal Perfons of his Houfhold, into a private Parlour {q) of the P?!ace ; and commanded them to take a new coined Oath, by whom framed is uncertain, to be true to the SucceiTion of his only Son Edward^ in cafe of his F 'her's Mortality ; and they were all, likewife, obliged to fign their Names to it. .But to proceed. Mr. Rapin(r) obteves, that Richard called this Parliament at a very feafonable Juncture. The Duke of Buckingham's Confpiracy feeming entire- ly ftifled by the Death of that Lord, and the Re- treat of the Earl of Richmond (s), there was not in the Kingdom any Perfon in a Condition to lift up his Head againft him. So the Parliament, adds he, confifting, no doubt, of Reprefentatives devoted to the King, declared Edward the Fourth's Iliue illegitimate-, and confirmed Richard's irre- gular Ele&ion, with his pretended Right to the Crown. This Ad was abfolutely neceffory for Richard's Security j beiides, fays cur Author, the Parliament thereby avoided the Trouble of en- quiring after the Fate of Edward V. whom all England had for fome Months acknowledged for King. Then an Aft of Attainder was palled againft Henry Earl of Richmond, and all his Adhe- rents, by vertue whereof all their Eftates were forfeited to the King. By this Adl, which de- clared all thole Rebels and Traitors, that wer£ concerned in the Duke of Buckingham's and the Earl of Richmond's Confpiracies, all the late Exe- cutions (q) In quodam inferiori Ccenacuh, juxta Ambitum qui iucit ad Camerat Regina. Hist. Croyl. Cont. P. 570. (r) Ra pin's Hi/. o/Eng. Fcl.Ed. P. 642. (j) Richmond had been waiting upon the Englijh Coafts, with a few Ships, but when he was allured of Buckingham's Defeat and Death, he failed back into Britany. V. 570. Henry Earl of Richmond and his Adherents attainted. Hi6T. Crorl. Cont. Of E N G L A N D. S97 cutions were in feme meafure juftified ; becaufe, K. Richard III ftill, adds our Authority ', fuch as had fuffered, were confidered as guilty of the Crime condemned by this Act. The Senfe of another Author, who, tho' a Foreigner, feems to make a juft Reflecton on this Matter, is this (/). ' The Decree above being ' regiftred amongft the Acts of the Parliament, * and by that made authentical in every Part of * it, makes it appear that the Kings of England « have Power to do what they will, when they ' are either loved for their Virtues, or feared for ' their Force. As to what concerns Love, there 4 is no Proof of it in this prefent Cafe ; but of * Fear, fufficient ; that Terror being the primum * mobile in this Bufinefs.' But, it muft be allowed that fome other Bufi- nefs was done in this Parliament, befides fettling the Succeflion, and palling the Bill of Attainder. Many wholefome Laws, very beneficial to the Public, were enacted in it j a plain Evidence of which is their Handing unrepealed, in our Statute- Booh, to this Day. Some of the moft remarkable we (hall mention. i. * That whereas the Subjects of this Realm ufefulAcTspuf- ' had of late been burdened with a new Impofi- fed. ' lion, called a Benevolence, the fame mould not ' thenceforth be exacted. 2. That every Juftice ' of Peace fhall have Power to admit a Prifoner, ' arretted for Felony, to Bail, and that no Officer ' fhall feize the Goods of a Prifoner, arrefted for * Felony, till be attainted. 3. That no Perfon * fhall be impannelled upon Juries, but who hath * Twenty Shillings Freehold, or Twenty-fix Shil- ' lings and Eight-pence Copyhold, at the leaft. * 4. That Wine and Oil-Veflels fhall contain as * follows : Every Tun fhall hold 252 Gallons ; a * Pipe 126 Gallons; a Tertian 8f Gallons; a * Hogfhead 63 Gallons ; a Barrel 31 Gallons and * a half ; a Rundlet 18 Gallons and a hAf(u).' The (0 Biondi, Vol. II. P. 1X6. $0 STATUf ESAjLARSr,/fMJ i^ Ric, III, Cap, %, 3,4, ;l j. 39S The Parliamentary History k. Richard in. The Ad againft collecting Benevolences hath this remarkable Preamble : * The King, remembring how the Commons * of this his Realm, by new and unlawful Inven- * tions and inordinate Covetoufnefs, againft the ' Law of his Realm have been put to great ' Thraldom and infupportable Charges and Exac- ' tions, and efpecially by a new Impofition called 4 a Benevolence ; whereby for divers Years the ' Subjects and Commons of this Land, againft * their Wills and Freedoms, have paid great Sums * of Money to their almoft utter Deftruction ; ' for divers and many worfhipful Men of this ', Realm, by occafion thereof were compelled to * break up their Houfholds, and to live in great * Penury and Wretched nefs, their Debts unpaid, 1 and their Children unpreferr'd ; and fuchMemo- c rials as they had ordained to be done for the * Wealth of their Souls anentifed and annulled, to * the great Difpleafure of God, and Deftruction 6 of this Realm.' Therefore, &c. It is eafy to fee that the Intent of this Act had a double Afpect, to make Richard's own Govern- ment feem mild and fparing of his Subjects Money, at the fame time that it call an Odium on that of his Brother Edward (x). But, it was not very long, after pairing this Act, that Richard himfelf broke it ; for, on the firft News of the Earl of Richmond's, Invaiion, having fufficiently emptied his Coffers, and fquandered away the great Trea- fure left by his Brother, he had Recourfe to the very fame Means (Which he had condemned in open Parliament,) to procure more. And, fays cur coiemporary Authority y the Word Benevolence which had been ufed with fo much Contempt, converted itfelf ; for the King fent out his Crea- tures, who were Children of this World, and therefore wifer than the Children of Light, who by Prayers and Threats, by Hook or Crook, lcrnpecTand gleaned together vaft Sums of Money, from (.y) Sec before in this Volume,, P. $49, O/ENGLAND, 399 from almoft all Sorts of People, and carried it toK. Richard mi the King's Treafury (y). This is all we can collect relating to ; the Trans- actions of this Parliament, either from the Records, Statute-Books, or Hiftorians ; what we have elfe to fay in this Reign, is, that a new Invafion, hap- pening foon after under the Earl of Richmond, King Richard loft his Life and his Crown in the Richard lulled at Battle of Bofworth, Auguft 22, 1485, and the theBattlcofBoi: - Conqueror was proclaimed, at the Head of his w ' Army, King of England, &c. in the open Field. Thus fell the laft of the Sons of Richard Duke of York ; whofe violent Ambition proved the Ruin of him and all the Male Line of Plantagenet* Had he been content with the Protectorship, he would have had no Enemies, but have ended his Days in Peace and Honour ; and ieen the Crown eftablifhed in his Family. It is certain that the Hiftorians, immediately following thefe Times, in Compliment perhaps to the reigning Prince, have given us Richard's Character as black as it could be made. Mr. Buck has endeavoured as far to polifh it, and to reprefent him a Prince of much better Shape both in Body and Mind, than he had been generally efteemed. Various are the Cenfures which have palTed on his Performance 5 we fhall only trouble the R.eader with that of Dr. Fuller, 4 His Memory, fays he, fpeaking of King Richard, « has met with a modern Pen, 6 who has not only purged but praifed it to the * Heigh th ; and, pity it is, that fo able an Ad- * vocate, had not a more meriting Peribn for his 6 Client (sj.' . The (y) Hist. Choyt.. Cont. P. 571,2. (x) Fuller'} Worthies, P.282, in Nortbamptonjbire. Biffiop Kennet, in his Notes on Lord Verulam'% Hiftory of the fucceeding Reign, remarks, That amongft the Number of Perfons attainted Sa the firft Parliament of Henry VII, was one Jthn Buck, be- headed at Bofworth, a Relation to George Buck, the Author of the Life of RithardUL which perhaps, adds he, was the Reafon why that Hiftorian, in Oppofition to other Writers on the fame Subject, endeavours to have it believed, that King Richard was both a great and" a good Man. Kennett** Coi/eiliat, Vol. II. P. 581. 400 The Parliamentary Histort K. Richard hi. The celebrated French Writer of Englijb Hif- tory, concludes his Reign of Richard III. in this Manner : ' Let us clofe, fays he, the Hiftory of the ' Plantagenets, with a brief Recapitulation of the * moft memorable Accidents that befel the Kings * of this Race, whilft on the Throne of England. * In this Summary of the fourteen foregoing ' Reigns, it will be feen, not without Aftonifh- * ment, perhaps, that the Happinefs and Glory ' enjoyed by this Race, for above three hundred ' Years, were, almoft nothing, in comparifon of * their Misfortunes.' And then he begins with a long Detail of direful Accidents, all tending to prove, that even God Almighty himfelf, always acted in Oppofition to an Hereditary Title to the Englijh Crown. On which extraordinary Reca- pitulation, his Tranilator and Annotator Mr. Tindal, makes this juft Reflection : * It were to be wifhed that fo good an Hifto- * rian as Rapin, had been more fparing of * God's Judgments j fuch Remarks at beft being ' a Sign of great Weaknefs. But when they are ' built on Falfities in Fact, as is fometimes the 4 Cafe, they are inexcufable. Of this, adds he, * we have an Inftance, even in Rapin himfelf. 1 And, as for the long Lift of God's Judgments * upon the Houfe of Plantagenet, it contains no- * thing extraordinary ; nothing but what is very * common in this World, and what might eafily ' be matched out of the Hiftories of feveral other ' Nations {a)* W KAHK*sHift,efEri£lanJ, fol.Edit, P. 647. Notefc. THE Gj ENGLAND. 401 THE great God of Battles having given King Henry v". Henry Earl of Richmond a cqmpleat Vi&ory pver his mortal Enemy Richard III. and he being !lain in the. Field, the .Diadem, for which they both fought, and which Richard wore on his Head that Day, being found, was immediately put on Henry's ; and, according to a Roman Cuftom, he \ra$ faluted Emperor by the Soldiery in the open Field. The TMe to z. Crown by Conqueft, muft be' allow'd. a very jlrong one j bwl Henry VII would nottiuft.tQ that, nor folely to the lame Pedigree he pietended to claim from John of Gaunt, the Source of the Lancajlrian Stream; knowing well, that it was i'o obit ructed in the Way, by a Bar of Baftardy, that it w;as impoflible to make it feem clear to the World (a). The bed Title he had, w:;s by Marriage with ' the Princefs Elizabeth, eldeft Daughter to King His Title to Cfo Edward IV. and which : he was obliged by Crown * Compact to.confummate. But yet,, his inbred Ha- tred to the Houfe of Tori was fo great, that he difdain'd a Power that would then be more Matri- monial than Regal ; and io refolv'd to.reft upon the Title of Lancajler, as chief; and, as the great Lord Bacon obfe.rves, to uie the. other two, of fconqueft and Marriage, as Supporters to it (b). Vol. II. Cc With (a) For Henry the Seventh's Title to the CroWn by Defcent, fee the Life of Edward IV. by John Habington, Efq; in Kennet, Vol. I. p. 471. Philip de Commines, in fpeaking of the violent Proceedings in Rjcbard's Reign, fays, LediS Roy Richard ne le porta pat loing j car contra lui efe-va Dicu un Ennemy, (eOtout en /' Infant) que n^wveit he Croix nk P ilk, ne mil Droid, eommejecroy, aleCou- ronne d' Anglcterre ; ne cjlime riens,fors- que de fa Perfonne efoit konefe, et await beaucoup fouffcrt 5 car leplufpart de fa CC.XCVII. Adentoria proditum ferunt, Vecem Ditinitus Cadou- al»4ra ultimt Britaimorum Reg', redditam, ejui Progeniem rurfui rcgr.d-* 402 The ^Parliamentary History K»gH«nry VII. With thefe Views Henry took PolTeflion of the Englifb Crown ; and the Solemnity of his Coro- nation was perform'd in the ufual Place and Man- ner, on the 13 th Day of Oclober, in the Year 1485. The next Year, in order to gain a further Anno Regni 1. Sanction to his Title, he called a Parliament, i486. by Writs bearing Date at WeflminJier, Sept. 15. At Weftminiier. Anno Regni fui prima, to meet at the fame Place, on the 7 th Day of Nov. following. A Lift of the Peers, on this other great Revolution in the State, is as follows (c) : John Duke of Suffolk, George Lord Nevile of J a/per (d) Duke of Bed- Bergavenny, ford, Richard Lord Grey, William Earl of Arun- Richard Lord De la The state of the dele, Ware, Peerage. jfa Earl of Oxford, Thomas Lord Lumley, 'Edmund Earl of Kent, John Lord Broke oi Cob- William Earl of Notting- ham, ham, ' John Lord Mountjoy, Edward Earl of Wilts, John Lord Stourton, Richard Earl Rivers, John Lord Sutton of Thomas Earl of Derby. Dudley, William Earl of Hun- John Lord Denham, tington, Thomas Lord Arundele of Edward Earl of Devon, Matravers, Ralph Lord Greyfock, Edward Vifcount Lifle y Thomas Lord Scrope of John Lord Grey of Mnjham, Powis, , Richard Lord Beau- Henry Lord Clifford of champ of Beauchamp, Clifford (e), John rrgnaturam. Jfiiui Voch Fato Henricum diEium Rtgnum obtinuijjfe, Opinio per Animos Hominumjampridem periiajerat, quod et Henricus Scxtus futurum pradix erat. Pol. Verg. Ang.HiJl. Lib. xxvi. p. 566. (c) From Dug p ale's Summons to Parliament, An. 1. Hen. VII. p. 476, 6fc. (d) Jafpcr Earl cf Pembroke, King Hcnrfs Uncle, had been cre- ated by nim Dike of Bedford, at his Coronation. As was alio TLomas Lord Stanley made Earl of Derby, the King's Father in Law. And Edward Courtney, Earl of Devon. Lord Bacon's Henry VII. {t) The Story of the Prefervation of this Lord Clifford from tke Furjr Of ENGLAND. 403 John Rat cliff Lord F.tz- William Vifcount Beau' KingHtnry VII. Walter, mont. The Judges, LordChief JufikeHufee, Sir Humphrey Starky* Sir Thomas Brian, John Suliard, Sir Guy Fairfax, John Vavafour, Sir John Catesby, JVilham Hode, Attorney Sir Richard Noel, General. Sir Roger Townfjend, Mr Rapin introduces his Account of the Pro- ceedings of this Parliament in this Manner : * Eight Days after the Coronation the Parlia- ' mentmetj Henry's Ends in calling a Parliament * were chiefly four. The firft, was to be dechr'd * King de Jure, as he was already K'ng de Fa£lo ; * and to fecure the Crown to his Pofterity by an * Aft in Form. The fecond, to reverfe the * Attainders of all his Party. The third, to * attaint thofe who had exprefs'd a great Animo- ' fity againft him, and moil Zeal for the late * King. The fourth and laft, was to mew, * that tho' he had by his fole Authority placed ' himfelf on the Throne, to prevent his Title ' from being queftioned ; he intended however to ' govern the Kingdom like his Predeceffors, by ' Way of Parliaments, and not affume a defpotic ' Power. This Step, adds our Author, was * abfolutely necelTary for a Prince whofe Title * was fo dubious ; and who afcended the Throne * without being call'd to it, in ihe ufal Way* The great Lord Bacon, in his Hijiory of the Life and Reign of K ; ng Henry VII. from whom all our modern Hiftorians, particularly the laft, have copied, is fo very exact in his Account of the Proceedings in this firft Parliament called by this King, that we are perfuaded that noble Au- C c 2 thor's FuryoftheHtmfe of Tori, who would certainly have facrifk'd him for his Father's Cruelty ; and his being brought up as a Shepherd to tliis Time, having never learnt to read or write, is very remarka- ble, SecDuGDAi.x'j£4r«n f Vol, II. p. 34.3. 404 The Parliamentary History Xin&Kenry Vlli ihor's own Words will be more acceptable than any Abridgment or Alteration of them. -.He tells us, * That on the feventh of November the Km^held h : s Parliament at IVefminjler, which he had jummoned immediately after his coming to London. His Ends in calling a Parliament, and that lb fpeedily, were chiefly three ; firft, to pro- cure the Crown to be entailed upon himfelf. Next, to have the Attainders of all of his Party, . which were in no fmall Number, reverfed, and all Atts of Hoftility by them done in his Quarrel, remitted and difcharged y and, on the other Side, to attaint by Parliament, the Heads and Principals of his Enemies. The third, to calm and quiet the Fears of the reft of that Party, by a general Par-- don ; not being ignorant in how great Danger a. King Hands from his Subjects, when moft of his Subjects are confeious in themferves, that they ftand in his Danger. Unto thefe three fpecial Motives of a Parliament was added, that he, as a . prudent arid moderate Prince, made this Judg- . ment ; that it was fit for "him to haften to let his People fee, that he meant to govern by Law, - howfoever he came in by the Sword ; and fit > alfo to reclaim them to know him for their King, . whom they had fo lately talked of as an Enemy or banifhed Man. For that which concerned the Entailing of the Crown, '(more than that he was true in his own Will, that he would not endure ', T ft S r fce * ( ftt an y mem * on °f tne ^ady ^fe»W$t no not in the * iirion Henry andNature of fpecial Entail,) he carry'd it Qiherwife hisHcks. with great Wii'dom 'and Meafure. For he did- not prefs to have the Ac!:. penned by 'way of De- . claration or Recognition of Right ; as on the other S de, he avoided to have it by new Law or Or- dinance; but chofe rather a kind of Middle- way, byway of Elhblifhment, and that under Covert arid* indiffi rent Words ; That the Inheritance of the Crown Jhould rejl, remain^ and abide in the King, &c which Words might equally be applied, That the Crown mould continue to him ; but whether O/ENGLAND. 405 whether as having former Right to it, which was K » n z Henry VIL doubtful, or having jt then in Fad and Pofleffion, which no Man denied, was left fair to Interpreta- tion either way. And again, for the Limitation .of the Entail, he did not prefs it to go farther than to himfelf and to the Heirs of his Body, not ipeakmg of his right Heiis j but leaving that to the Law to decide ; fo as the Entail might feem rather a perfonal Favour to him and his Children, than a total Difinherifon to the Houfe of York. And in this Form was tl)e Law drawn and paf- lcd(g). This Statute he procured to be con- firmed by the Pope's Bull the Year following, with mention neverthelefs, by way of Recital, of his other Titles, both of 3L)efcent and Conqueft. So as now the Wreathe of Three was made a Wreathe of Five (/;), for to the three firft Titles of the two Houfes, and Conqueft, were added two more, the Authorities Parliamentary and Papal W Cc 3 c The (g) The Words of the Act of Settlement on Henry, are thefe s * To the Pleafure of Almighty God, Wealth, Profperity and Sure- ' ty of this Realm of England, and to the fipgular Comfort of all ' the King's Subjects of the fame, in avoiding all Ambiguities and * Queftions j be it ordained, eftablifhed, and enacted, by this pre-r * fent Parliament, that the Inheritance of the Crown of this ' Realm of England, and alfo of France, with all the Prehemi- ' nence and Dignity Royal to the fame belonging beyond the Sea, * with the Appurtenances thereto in any wife due or appertaining j * fhall reft, remain, and abide in the moil Royal Perfon of our now * Sovere gn Lord King Henry the Seventh, and in the Heirs of his f Body lawfully coming, perpetually with the Grace of God fo to ' endure, and in none other,' H.ul'j Chronicle, Henry VII. Fol. III. \h) Nathaniel Bacon makes it a Wreathe of fix, viz. By Inhe- ' ritance, War, Efpoufals, Election, Gift of Parliament j and laftly, by Pontifical Benediction. Bacon or. Government, Fol. p. 1 14. Ed. 1 739. (;') The Pope's Bull for confirming the Crown to Henry, by rirtue of this Entail, is in the Collection of Publick Atlt, Tom. XII. P. 297. in which is this remarkable EiprerTion : Non rnodo Jure Belli., ac notorio & indubitato proximo Succejfwnii T/« hdo, vcium etiam omnium Pra'latorum, Procerutn, Magnatum, No~ kilium, totiufque cjufdem Rfgni Angliae, Plcbis Ehclione & Voto, jiec non Decreto, Statute, &n)retinatione ipjius Angliz, Regni triun^ S-iatuum in ipfo Convttttu Parliament noncupato. 406 The Parliamentary History King Heary VII. * The King like wife in the Reverfal ot the At ' tainders of his Partakers, and difcharging them o" all Offences incident to his Sei vice and Succour, had his Will and Acts palled accordingly. In the Pillage whereof. Exception was taken to di- vers Perl'ons in the Home of Commons, for that they were attainted, and thereby not legal, nor habilitate to fcrve in Parliament, being difabled in the higheft Degree : And that it mould be a great Incongruity to have them to make Laws, who themfelves were not inlawed. The Truth was, that divers of thofe which had in the Time of King Richard been ilrorgett and moft declared for the King's Party, were returned Knights and Burgefles for the Parliament, whether by Care or Recommendation from the State, or the volun- tary Inclination of the People ; many of which had been by Richard the Third attainted by (Out- lawries, or other wife. The King was femewhat troubled with this: For though it had a grave • and fpecious Shew, yet it reflected upon hh Party. But wifely not (hewing him elf at all moved therewith, he would i ol underftand it but as a Cafe of Law ; and wifhed the Judges to be ad- vifed thereupon ; who, for that purpofe,were forth- with aHembled in the Exchequer Chamber, which is the Council- Chamber of the Judges ; and upon Deliberation they gave a grave and fafe Opinion and Advice, mixed with Law and Convenience ; which was, that the Knights and BurgefTes at- Thc Attainders minted by the Courfe of Law, fhould forbear to vf Ssrevro'd. come ' nto tne Houfe, till a Law were pafTed for * the Reverfal of their Attainders/ * It was at that time incidently moved amongft the Judges in their Confultation, what fhould be done for the King himfelf, who likewife was at- tainted ; but it was with unanimous Confent re- folved, That the Crown takes away all Defecls and Stops in Blood ; and that from the 'Time the King did afjum? the Crown, the Fountain was cleared, and all Attainders and Corruption of Blood dif~ charged. O/ENGLAND. 407 (barged. But neverthelefs for Honour's Sake it King Henry vn. was ordained by Parliament, that all Records wherein there was any Memory, or Mention of the King's Attainder, /hould be defaced, cancelled, and taken off the File.' \ * But on the Part of the King's Enemies, there were by Parliament attainted, the late Duke of . . -. rf Glocejier, calling himfelf Richard the Third, the his Enemies at- Duke of Norfolk , the Earl of Surry , Vifcount tainted. Lovely the Lord Ferrers^ the Lord 1ouck, Richard Ratclffiy William Catejiy, and many others of Degree and Quality. In which Bills of Attain- ders neverthelefs, there were contained many juft and temperate Claufes, Savings and Provifo's, Well mewing and fore- tokening the Wjfdom, Sthy, and Moderation of the King's Spirit of Government. And for the Pardon of the reft that had flood againft the King, the King upon a fe- cond Advice, thought it not fit it mould pafs by Parliament, the better, being Matter of Grace, to impropriate the Thanks to himfelf; ufing only the Opportunity of a Parliament-Time, the better to difperfe it into the Veins of the Kingdom. Therefore during the Parliament, he publifhed his Royal Pioclamation, offering Pardon and Grace of Reftitution, to all fuch as had taken Arms, or been participant of any Attempts againft him ; fo as they fubmitted themfelves to his Mercy by a Pardons to othm, Day, and took the Oath of Allegiance and Fide- lity to him. Whereupon many came out of Sanctuary, and many more came out of Fear, no iefs guilty than thofe that had taken Sanctuary.' * As for Money or Treafure, the King thought it not feafonable, or fit, to demand any of his Subjects at this Parliament ; both becaufe he had received Satisfaction from them in Matters of fo great Importance, and becaufe he could not re- munerate them with any general Pardon, being prevented therein by the Coronation -Pardon, pafled immediately before. But chiefly, for that it was in every Man's Eye, what great Forfeitures C c 4 and 408 The Parliamentary History '. . , King Henry VII. and Confifcations he had at that prefent to help himfelf ; whereby thofe Cafualries of the Crown' might in reafon fpare the Purfes of his Subjects; efpecially in a Time when he was in Peace with ,,. all his Neighbours (-0- Some few Laws paffed at Laws sals d ; , t-» i • \ n r -.~> r , :, ■ • ■ . that Parliament, almoft for form-lake ; amongft which there, 'was one, to reduce Aliens, being made Denizens, to pay Strangers Cuttoms ; and ano'her, to draw to himfelf the Seizures and. Competitions of Italian Goods, for not Employ- ment, being Points' of Profit to his Coffers, whereof from the very Beginning- he ' Was not forgetful ; and had been more happy at the latter End, if his early Providence, ' which kept him frorn all Neceffity of exacting upon his- People, could like wife have temper'd his Nature therein. He added during Parliament, to his former Creations, the Ennoblement or Advancement in Nobility of a few others : The Lord Chandos of Britain, was made Earl of Bath, and Sir'G;7« fad Preferments. j^ a { v fj ene y ' was m ade Lord Dawbeney, and' Sir Robert TVilloug'hby Lord Brooks. * The King did 1 al'fo with great Ncblenefs and Bounty, which Virtues at that Time had their Turns in h"s Nature, reftore Edward Stafford) elded Son to Henry Duke of Buckingham, attaint- ed in the Time of King Richard, nor only ro his Dignities, but to his Fortunes and Poffeffions, which were great ; to which 1 he was moved alio by a kind of Gratitude', for that the Duke was the Man that moved the firft Stone againft the Tyrany of King Richard, 'and indeed made the King a Bridge to the Crown upon his own Ruins. Thus the Parliament broke up. ? Thus far the noble Hiftorian. What we have further to add to his full Account, is, only, an Abftrad from The Continuation* of the Hijiory of Croy* (k) Though Lord Bacen fays this, yet we are informed by the CoMzKion of. Publick A&s, that the ufiial Tonnage and Poundage, and the Subfidy on Wools, Wool-Fells and Hides, were granted by this Parliament. Rymer'j Fad. Tom. XII. P. 335. 'The Clergy alio granted a Tenth. Ibid, P. 323. Of E N G L A N D. 493 Qroyland (I), fo o r ten before quoted, which ends j^,,, Henri- Vi * in this very Year, relating to the Proceedings of - • ' . , this Parliament. It is there faid, ! ' That after s: King Henry's Coronation, a Parliament was 5 heldat Jf'e/lmktfisr in winch many Things were * treated of and done, (it were to be wifhed that * all were for the general Good) too copious * for this Compendium of a Hiftory, Amongft * the reft, thirty Perfons were profcribed, or more * commonly; attainted (w), which Act, tho* ? much more modeft than what was done in the ' Parliaments under the late Kings Richard and ' Edward, yet, did not pals without great Debates, * or, to fpeak more plainly, many {harp DifputeS 4 and Altercations. O God ! exclaims the. Motile, * what Security can Princes have, that their Sub- ' jedls will defend their Perfons in the Day of * Battle ; when, being forced there, perhaps, by e their abfolute Commands and Threats, the Side * they fight for, as is often the Cafe, being worft- c ed, they find their own Lives, Fortune?, and s Eftates, involvedjn the common Ruin. In this * Parliament, adds our Authority, the Crown was G fettled on Henry, as his real Right, not from one * but many Titles $ for he did not claim the e EngliJI) Diadem, fo much from Blood or Affinity, \ as from the Right of Conqueft in the Field. c There were fome, however, who chofe rather * to cpnceal their Thoughts than fpeak thern * openly ; and the more i'o, becaufe, by his own 6 Cohfent, the King's Marriage with the Princefs ' Elizabeth, eldeft Daughter to King Edward, * was there treated on, and agreed unto ; in which G Match, all the Deficiencies which Henry wanted * in Title feemed well filled up. But of this, per- ' haps, more may be faid in another Place.' It is eafy to fee by this Quotation, from our cotemporary Hiftoriographer, that he is no Advo- cate (/) Inter Rerum Asg. Script, vet. Ed. Gale, Torn. I, - i (wj Profcriftiones, quai vulgaris Attintta vetant. Ibidem* 41 o The 'Parliamentary Histort. King Henry VII. cate f° r Henry's Title, nor Friend to his Sue ceflion ; and that, if he durft, he would have left us his Thoughts in a plainer' Manner upon it. But his Hifiory ending, as is faid before, in this very Year, we meet with no more Refledions about it, in that Author. It is evident, however, by other Hiftorians, that . notwithftanding all the Precautions which Henry Guard about 1 his t0 °k to ftrengthen and iupport his Title to the Perfoa. Crown, in a Parliamentary Way ; ye:, his Reign was not without fome violent Concuflions, which greatly (hook his new acquired Diadem. The Partizans and Favourers of the Houfe of York were Hill very powerful and numerous ; and omitted no Oportunity to exert themfelves in that Caufe. This he feemed well to forefee ; and his Jealoufy on that Occafion made him inftitute a Guard of fifty Archers, under the Command of a Captain ; to be always near his Perfon, in cafe of any fudden Attempt. This v/as then a new Thing in England ; their Kings, before, were only guarded by the Laws, and their Subjects Affe&ions. But, to take away all Jealoufy of this fmall jlanding Army^ he declared the Infti- 1 tution to be perpetual ; and that it was no more than what he had obferved in his Exile to be done by foreign Princes ; that it did not become the Majefty of a King to be without a Guard ; for, it was requifite to be had, if not of Neceflity, for Decency («). An Inftitution that has been . kept up, with an Addition of fifty more, by all our fucceeding Princes. The Reader will find that Henry's Precautions were not without Reafon. In the Beginning of the Year i486, the Mar- 2be£ am HeirdT ria S e was folemnized between King Henry and of the* Houfe of the Princefs Elizabeth ; which was defigned to York. have entirely united the two contending Titles, fo that no future Efforts mould be made, by either Side, to difturb it. But, yet, this very Year an Infurreclion («) Biondi, Both IX. Tag. 159. O/ENGLAND. 4" Infurre&ion began, raifed by the Lord Lovely Sir Kin g Henry vn, Humphrey Stafford and his Brother ; though upon the News of an Army coming againft them they difperfed themfelves. But, a much more dangerous Commotion happened in the next Year, under a counterfeit Plantagenet ; one Lambert Shnnel, a B iker's Son, Lambert's Plot being ipirited.up to take the Name and Title of defeated - Edward Earl of IVarwick, only Son to George late Duke <;f Clarence, and then a Prifoner in the Tower. This Impoiture was carried on fo far, that the counterfeit Prince was ?£tually crowned King of England.&c. at Chrijl-Church, in Dublin ; the hrijh Nation always greatly favouring the Title of the Houfe of York. From that Kingdom the new King came with eonfiderable Forces into England \ where he was joined by the Earl of Lincoln (o), and the Lord hovel, Sir Thomas Brought on and others ; but, meeting with King Henry's Forces near a Village called Syfo in Not- tingham/hire, a Battle enfued, in which Henry was again victorious, the aforefaid Lords, &c, flain, their upftart King taken Prifoner, and their whole Army cut in Pieces. Thus, Lambert's Pageantry foon came to an End, and he himfelf was degraded from his high State to be a mean Servitor in the King's Kitchen. ' For the extirpating the Roots and Caufes of the like Commotions in Time to come, the King, fays Lord Bacon, began to find where his Shoe did wring him ; and that it was his depreffing the Thc ~ M Houfe of York, that did rancle and feller the Af- crowned.' fettions of his People. He , therefore, with much Relu&ancy, confented to the Coronation of his Queen, («) This John Earl of Lincoln, was Son of John de la Pole, Duke of Suffolk, by Elizabeth King Ed-ward the Fourth's eldeft Sifter. King Richard III. in cafe he had difabled the Iflues of his elder Brothers from inheriting thc Crown, and that himfelf mould ha\ - ' Intention is. For if it be no more, but to * range his Subjects to Reafon, who bear them- * felves float upon the Strength of the Duke of « Britaine, it is nothing to us. But if it be in 4 the French King's Purpofe, for if it mould not ' be in his Purpofe, yet if it fhall follow all one, ' as if it were fought,) that the French King fhall * make a Province of Brittaine, and join it to the * Crown of France ; then it is worthy the Confi- ' deration, how this may import England, as * well in the Increafement of the Greatnefs of * France, by the Addition of fuch a Country, ' that ftretcheth his Boughs unto our Seas, as in * depriving this Nation, and leaving it fo naked * of fo firm and allured Confederates, as the ' Brittons have always been {q). For then it will ' come to pafs, that whereas not long fince, this ' Realm was mighty upon the Continent, firft in ' Territory and after in Alliance, in refpect of * Burgundy and Brittaine, which were Confede- ' rates indeed, but dependant Confederates ; now * the one being already caft, partly into the * Greatnefs of France, and partly into that of Au- * jlria , the other is like wholly to be caft into 8 the Greatnefs of France ; and this Iiland fhall 'remain (q) It appears by this how much the growing Greatnefs of France was dreaded in thofe Days ; and how much more it is to be feared by England, when both thefe-Maritime Dukedoms, of Burgundy and Brittain, hav« been long fince annexed to that Crown, 4iS- The ^Parliamentary History iH Wenry vii, c remain confined in effect within the Salt Wr, ters, and girt about with the Coaft Countries of two mighty Monarchs. , ,, ; * For the. Example, ft refteth likewife upon the lame Qyeftion, upon 'the French King's Intent. For if Brittaine be carried and lw«l- lowed up by France, as the. World abroad (apt to impute andconftru.e the Aclions of Princes to Ambition) conceive it will ; then it is an Ex- ample very dangerous and univerfal, that the leiTer Neighbour's Eftate mould be devoured by the greater. . For this may be the Cafe of Scot- land towards England ; of Portugal toward?" Spain ; of the fmaller Eftates of Italy towards the greater ; and fo of Germany ; or as if fomc of you of the Commons might not live and dwell fafely* befides fome of thefe great Lords, ' And the bringing irrpf this -Example, will be chiefly laid to the King's Charge, as to him ' that wasmoft interefted and moll: able to forbid it. " But then on the other Side, there- is fo fair a Pretext on the French King's ,Part (and yet' Pretext is never wanting to Power) in regard the Danger imminent to his own Eftate isifuch, as may make this Enterprife feem rather a Work of Neceflity than of Ambition, as doth in Rea- foh correct the Danger of the Example. For* that the Example of that which is done in a Man's own Defence cannot be dangerous, becaufe it is in an another's Power to avoid it. But in all this Bufinefs, the King remits himfelf to your grave and mature Advice, whereupon he purpofeth to rely.* * For that which may concern Government ■ at home, the King hath commanded me to fay unto you ; That he thinketh there was never any King (for the fmall Time that be hath reigned) had greater and jufter Caufe of ■« the Of ENGLAND. 417 the two contrary Paflions, of Joy and Sorrow, King Henry VII. than his Grace hath. Joy, in refpect of the rare and vifible Favours of Almighty God in girding the Imperial Sword upon his Side, and affi fling the fame his Sword againft all his Enemies; andMikewife in blefling him with fo many good and loving Servants and Subjects, which have never failed to give him faithful Council, ready Obedience, and courageous Defence. Sorrow, for that it hath not pleafed God to fuffer him to fheath his Sword (as he greatly defired otherwife than for Administration of Jultice) but that he hath been forced to draw it fo oft to cut off traiterous and diiloyal Sub- jects, whom (it feems) God hath left (a few amongft many good) as the Canaanites among the People of Ijrael, to be Thorns in their Sides, to tempt and try them ; though the End hath been always (God's Name be bleffed therefore) that the Deftruction hath fallen upon their own Heads. ' Wherefore his Grace faith, That he feeth, that it is not the Blood fpilt in the Field that will fave the Blood in the City ; nor the Mar- fhal's Sword that will fet this Kingdom in perfect Peace ; but that the true Way is, to flop the Seeds of Sedition and Rebellion in their Beginnings ; and for that Purpofe to devife, confirm, and quicken good and wholfome Laws, againft Riots, and unlawful Aflemblies of Peo- ple, and all Combinations and Confederacies of them, by Liveries, Tokens, and other Badges of factious Dependance ; that the Peace of the Land may by thefe Ordinances, as by Bars of Iron, be foundly bound in and Strengthened, .and all Force both in Court, Country, and private Houfes, be fuppreft. The Care hereof, which fo much concerneth yourfelves, and which the Nature of the Times doth inflantly call tor, his Grace commends to vour. Wifdoms. Vol. II. D d ' And 4i 8 The Parliamentary History. King Henry vil. « And becaufe it is the King's Defire, that this Peace, wherein he hopeth to govern and main- tain you, do not bear only unto you Leaves for you to fit under rhe Shade of them in Safety, but alfo fhould bear you Fruit of Riches, Wealth and Plenty : Therefore his Grace prays you, to take into Confideration Matter of Trade, as alfo the Manufactures of the King- dom, and to reprefs the baftard and b?,rren Employment of Monies, to Ufury and unlaw- ful Exchanges, that they may be (as their na- tural Ufe is) turned upon Commerce, and lawful and Royal Trading. And likewife, that our People be fet on Work in Arts and Handy-crafts ; that the Realm may fubfift' more of itfelf, that Idlenefs be avoided, and the draining out of our Treafure, for Foreign Manufactures, ftopp'd. But you are not to reft here only, but to provide further, that whatfoever Merchandize fhall be brought in from beyond the Seas, may be employ'd upon the Commodities of this Land ; whereby the Kingdom's Stock of Treafure may be fure to be kept from being diminifhed, by any over- trading of the Foreigner. ' And laftly, becaufe the King is welPaffured, that you would not have him poor, that willies you rich j he doubteth not, but, that you wiH have Care, as well to maintain his Revenues of Cuftoms, and all other Natures, as alfo to fup- ply him with your loving Aids, if the Cafe mail (o require. The rather, for that you know the King is a good Husband, and but a Steward in Effeft for the Publick ; and that what comes from you is but asMoifture drawn from the Earth, which gathers into a Cloud, and falls back upon the Earth again. And you know well, how the Kingdoms about you grow more and more in Greatnefs, and the Times are inning 5 and therefore not fit to find the 1 King Of E N G L A N D. 415^ * King with an empty Purfe. More I have not King Henry Vlf. ' to fay to you ; and with, i that what hath been * faid, had been better exprels'd ; but that your ' Wifdoms and good Affections will fupply. ' God blefs your Doings.' It has been obferv'd, elfewhere in thefe Inqui- ries, that it is no hard Matter to difpofe an Englijk Parliament to give Money for a War with France. But, at this Time it was more than ordinarily their Intereft to it ; in order to prevent the Growth of the French Monarchy, and to hinder them from making themfelves Mailers of the Duchy of Britainy ; which is full of Sea-ports and Haven?, very well fituated to do much Mif- chief to the Engiijb, either by Invafion or Inter- ruption of Traffick. Wherefore the Parliament not only advifed the Kiqg to efpoufe the Caufeof the Duke of Britain, and fend him fome fpeedy a large Supply Aid, but unanirnoufly voted the King a large voted for a w *r Supply for that Purpofe (q). Accordingly, £„. withF "n«. beit Lord Brook was fent over to his Aid, with a Body of 8000 choice Men, well armed j but it all came to nothing ; for the Duke having loft a Battle and foon after his Life, the Englijh Forces were recalled, and the Diltrict of Britainy was reduced under Subjection to the Crown of France^ in which State it hath ever fince remained. But, to return to the more private Bufinefs of this Sefiion, in regard to the enacting of Laws for the Good of the Commonwealth. For, ac- cording to the Lord Chancellor's Admonition, there were many excellent Laws made this Parliament, and as the King himself had recom- mended to them. Lord Bacon hath very elegant- D dx ly (q) Authors vary much about what this Tax or Subfidy was j Polydore Vergil writes, that it was a Poll-Tax ; Tribute in Jir.gula Capita impofito. Old Fabian, and after him Hall, Hollir.gfhead, •nd Stoive, fay it was zTentb Penny on all Lands and Goods. But, it was more likely the former, becaufe a Poll-Tax was always odious to the People, and raifed futh a Commotion in the collecting of it. 4^0 The ^Parliamentary History king H«nry VII. ly and judicioufly drawn them all up under their ieveral Heads, and we cannot do better than give them in h.s own Words as follow (r) : Afts paTed this * Firft, the Authority of the Star-Chamber, Parliament which before fubfifted by the ancient Common Laws of the Realm, was confirmed in certain Caies by Act of Parliament. This Court is one of the fageft and nobleft Inftitutions of this King- dom. For in the Diitribution of Courts of Or- dinary Juftice, (belides the High Court of Par- Relating to the liament) in which Diftriburion the King's Bench Star-Chamber ; holdeth the Pleas of the Crown ; the Common Place, Pleo.s Civil , the Exchequer, Pleas concern- ing the King's Revenue ; and the Chancery the Pretorian Power for mitigating the Rigour of Law, in c.\{q of Extremity, by the Confcience of a good Man : There was neverihelefs always referv'd a high and preheminent Power to the King's Council, in Caufes that might in Exam- ple, or Confequence, concern the State of the Commonwealth, which if they were criminal, the Council ufed to fit in the Chamber, call'd the Star Chamber ; if civil, in the White-Chamber, or White- Hall And, as the Chancery had the Pretorian Power for Equity, fo the Star-Chambcr had the Cenforian Power for Offences, under the Degree of Capital. This Court of Star-Chamber is compounded of good Elements, for itconfifteth of four Kinds of Perfons ; Counfellors, Peers, Prelates, and Chief- Judges. It difcerneth alfo principally of four Kinds of Caufes ; Forces, Frauds, Crimes various of Stellionate, and the: Inchoations or middle Acts towards Crimes Capi- tal, or heinous, not actually committed or per- petrated. But that which was principally aimed at by this Act was Force, and the two chief Supports of Force, Combination of Multitudes, and Maintenance or Headfhip of great Perfons (s). ' From (;•) Kennet, p. 594. (i) It ss to be obfav'd, that notwithstanding Lord Bacon's high €i.arader of this new Court of Juftice, yet it was look'd upon in a lucceedinj^ Of ENGL AN D. 421 c From the general Peace of the Country, the King Henry VTi; King's Care went on to the Peace of the King's Houfe, and the Security of his great Officers and Counfellors. But this Law was fomewhat of a ftrange Composition and Temper ; That if any of the King's Servants under the Degree of a Lord, do conipire the Death of any of the King's Coun- Confpiring the fel, or Lord of the Realm, it is made Capital. Death of the This Law was thought to be procured by the Klng ' s CoBnfeI S Lord Chancellor, who being a ftern and haughty Man, and finding he had fome mortal Enemies in Court, provided for his own Safety ; drowning the Envy of it in a general Law, by comm ni- cating the Privilege with all other Counfellors and P, ers, and yet not daring to extend it further, than to the King's Servants in Checkrow-le, left it mould have been too harm to the Gentlemen, and other Commons of the Kingdom ; who might have thought their ancient Liberty and the Clemency of the Laws of England invaded, if the Willinany Cafeof Felony, (houljbemade the Deed. And yet the Reafon which the Ad: yieldeth (thai: is to fay, That he that conf r ireth the Death of Counfellors may be thought indirect- ly, and by a Means, to confpire the Death of the King himfelf) is indifferent to all Subjects, as well as to Servants in Court. However it feems this fufficed to ferve the Lord Chancellor's Turn at this Time : But yet he liv'd to need a general Law, for that he grew afterwards as odious to the Country, as he was then to the Court. From the Peace of the King's Houfe, the King's Care extended to the Peace of private Houfes and Families ; for there was an excellent moral Law moulded thus ; The taking and car- rying away Women forcibly, and againft their Will, ("except Female Wards and Bond Women) Rap W } D d 3 was fucceeding Reign, as no better than an Ail of great Tyranny j though begun by a rving de Faclo, and confirmed by a Parliament. This Court confirmed of Counfellors, Peer?, Pre!a:es, and Chief- Judges ; it took Cognizance of Forces, Frauds, Advances towards heinous and capital Crimes, not a&ually committed. 422 The Parliamentary H i sto r y .King Henry VII. was ma d e Capital. The Parliament wifely and juftly conceiving, that the obtaining of Women by Force into Pofieffion (howfoever afterwards Aflent might follow by Allurements) was but a Rape drawn forth in length, becaufe the firft Force drew on all the reft. ' There was made alfo another Law for Peace Murders • m general, and reprefllng of Mu/thers and Man- ilaughters, and was inAmendment of theCommon Laws of the Realm, being this ; That whereas by the Common Law, the King's Suit in cafe of Homicide, did expect the Year and the Day, allow'd to the Party's Suit by Way of Appeal ; and that it was found by Experience, that the Party was many Times compounded with, and many Times wearied with the Suit, fo that in the End fuch Suit was let fall, and by that Time / the Matter was in a Manner forgotten, and there- by Profecution at the King's Suit by Indictment ("which is ever beft, flagrante Crimine) neglected ; it was ordained, That the Suit by Indictment might be taken as well at any Time within the Year and the Day, as after, not prejudicing ne- verthelefs the Parties Suit. Privile e of * ^ ne King began alfo then, as well in Wif- Clergy j dom as in Juftice, to pare a little the Privilege of Clergy, ordaining, That Clerks convicted fhould be burnt in the Hand, both becaufe they might tafle of fome corporal Punifhment, and that they might carry a Brand of Infamy. But for this good Act's Sake, the King himfelf was after branded by Perkirfs Proclamation, for an exe- crable Breaker of the Rites of Holy Church. ' Another Law was made for the better Peace : of the Country ; by which Law the King's Offi- cers and Farmers were to forfeit their Places and Holds, in cafe of unlawful Retainer, or partaking Riots • * n Ri° ts ana " unlawful Aflemblies. * Thefe were the Laws that were made for repreflingof Force, which thofe Times did chiefly rtquire ; and were fo prudently framed, as they are 0/ ENGLAND. 423 are found fit for all fucceeding Times, and fo King Henry vir. continue to this Day. ' There was alio made good and politick Laws in that Parliament, againft Ufury, which is the And ufury. Baihrd Ufe of Money ; and againft unlawful Chievances and Exchanges, which is Baftard Ufury. And alfo for the Security of the King's Cuftoms ; and for the Employment of the Pro- ceedures of Foreign Commodities, brought in by . Merchant- Grangers, upon the Native Commodi- ties of the Realm : Together with fome other Laws of lefs Importance.' But, notwithstanding thefe good and falutary Laws were, by the three Eftates, enacted ; yet the People were fo far from being well reconciled to the Government that they feemed to watch all Opportunities to rebel againft it. Accordingly, when the King's Commifiioners came down to levy the Subfidy in York/hire and the Bifhoprick of Durham, the Inhabitants began to mutiny j An Infurre&ion faying openly, That they had lately endured a in the North, thoufand Injuries, and that they neither could nor would pay the Tax demanded. This was their Pretence ; but Lord Bacon obferves that the Refufal did not proceed from any prefent Necef- fity, but from the old Humour of thofe Countries ; where the Memory of King Richard was fo ftrong, that, like Lees, it lay in the Bottom of Men's Hearts ; and, if the Veflel was but ftirred, it would come up (/). The Commiflioners, be- ing fome what aftonimed, referred the Matter to the Earl of Northumberland, who was the prin- cipal Man for Authority in thofe Parts. The Earl inftantly informed the Court of it, and fig- nified in plain Terms how boifterous thefe Nor- D d 4 them (0 Ld. Bacon, 595. Hall'* Chronicle, HenryVII. Fol. XVI. Grafton, P. 807, &c. The particular Regard that the Citizens of York, with the In- habitants of the adjacent Counties paid to King Richard, and he to them, is beft ken in fome Letters and Memorials, extracted from an old Regifter Book in that Citji, which are printed in Drake'* ffijlorj of York. Fol. Lond. 1736. 424 The Parliamentary History. ^ing Henry Vli. them People were, and defired the King's Direc- tions about the Affair. Henry being, as the Say- ing is, as ftiff as they were fturdy, fent back a peremptory Anfwer, c That he would not abate * one Penny of a Subfidy, which had been grant" ' ed him by Parliament ; becaufe it might en- ' courage other Counties to expect the like Re- 4 leafe, or Mitigation ; but, chiefly, becaufe he * would never iuffer that the bafe Multitude ' mould fruftrate the Authority of Parliament, 4 wherein their Votes and Confents were included.' Upon this Difpatch from Court the Earl aflembled the principal Juftices and Freeholders of the County ; and delivered the King's Mind to them in the very fame imperious Language it was fent ; which {hould not have been fo, but that, as Lord Bacon obferves, this harm Bufinefs was unfortunately fallen into the Hands of a harm Man. In fhort, it proved fatal to himlelf ; for this Meflage did not only irritate the People greatly, but made them conceive that the Deli- verer of it was the principal Contriver and Per- fuader of the Council. A Mob, or Rabble of People, rofe inftantly upon it, and, afiailing the Duke's Houfe, flew him and feveral of his Ser- vants. Nor did it flop here, for the Rabble creating for their Leader one Sir John Egremond y a fac- tious Peribn, and one who for a long time had born the King an ill Will ; being animated, alfo, by another Incendiary, a mean Fellow, called 'John a Chambre, who bore a principal Sway a- mongft them, they broke out into an open Re- bellion, and gave out in flat Terms, that they would march againft King Henry, and fight for the Maintenance of their Liberties. When the King was advertifed of this new In- furredlion, which, fays the noble Hiftorian, was a Fever which almoft took him every Year ; ac- cording to his Manner, he feemed little troubled Which is fup- at j t> b ut f ent d own t he Earl of Surrey with a pr ' * fufficient Force againft the Rebels ; who, fought w:t% O/ENGLAND, 425 with, and defeated them, taking Pri.foner one of King Henry vh. their Leaders "John a Cbambre - 3 the other, Sir John Egremond, found means to efcape into Flanders, to the Lady Margaret Duchefs of Bur- gundy ; whofe Court was then an JJylum for all the Enemies to King Henry. Soon after this Defeat the King came down to^^o^ York, where John a Chambre was executed in executed, great State ; for he was hanged upon a Gibbet, raifed a Stage higher than a Pair of fquare Gal- lows, in the midft of which it was placed ; and, as a Traitor paramount, he was mounted, whilft the chief of his Accomplices were hanged on a lower Srory round about him. The reft of the Rebels were pardoned ; and the King having well fettled- thefe Northern Commotions, returned to London \ leaving the Earl of Surrey his Lieute- nant in tho'e Parts, and Sir Richard TunJJal for his principal Commidioner to levy the Subfidy j of which, adds the noble Hiftorian, he did not remit one Denier. This Infurreclion happened in the Year 1489. And, At the End of this fourth Year of his Reign, the King thought fit to call another Parliament, but the exprefs Time is not mentioned in Dugdale, for the Summons to this, and the Parliaments in the two fucceeding Years, are not to be found on the Rolls («)■ However, the Statute-Booh fay, it began on January 13, Anno Regni 4. Lord Bacon obferves, that the King did not call . R . this Parliament fo foon after the laft, for any par- 1489-90. ticular Occafion of State ; but becaufe the former Parliament* being ended fomewhat too fuddenly, in regard of the Preparation for Brittany, he thought he had not remunerated his People fuf- ficiently with good Laws, which evermore was his Retribution for Treafure. But tho' the Stile of our noble Hiftorian be fomewhat too ftiff for thefe (a) Anno 4, 5 & 6 Hen. VII. Nulla: Summonitionc: recordata. Dugdale's Summons to Parliament. 426 The ^Parliamentary History King Henry vii. ^ e ^ e Times, yet his Matter and Connection are ' fo confonant to this Defign, that we mall make no Apology for another long Quotation from him, in his own Words, as follows : ' The King finding by the Infurrection in the North, there was Difcontentment abroad, in refpect of the Subfidy, he thought it good to give his Laws made in Subjects yet farther Contentment, and Comfort thi« Parliament, in that kind. Certainly his Times for good Com- monwealths Laws did excel ; fo as he may juftly be celebrated for the beft Law-giver to this Na- tion, after King Edward the Firft. For his Laws (who fo marks them well) are deep, and not vulgar ; not made upon the Spur of a parti- cular Occafion for the prefent, but out of Pro- vidence of the future, to make the Eftate of his People ftill more and more happy ; after the man- ner of the Legiilators in ancient and heroical Times. * Firft, therefore, he made a Law, fuitable to his own Acts and Times. For, as him felf had in his Peribn and Marriage made a final Concord, in the great Suit and Title for the Crown ; fo by this Law he fettled the like Peace and Quiet in the private Pofleflions of the Subjects. Ordain- RelatingtoFinesjing, That Fines thenceforth fhould be final, to conclude all Strangers Rights ; and that upon Fines levied, and folemnly proclaimed, the Subject mould have his Time of Watch for five Years after his Title accrued ; which, if he fore-palled, . his Right fhould be bound for ever after ; with fome Exception neverthelefs, of Minors, married Women, and fuch incompetent Perfons. * This Statute did in effect but reltore an an- cient Statute of the Realm, which was itfelf alfo , made but in Affirmance of the Common-Law. 'The Alteration had been by a Statute, commonly called the Statute of Non-Claim., made in the Time of Edward the Third. And furely this Law was a kind of Prognostic of the good Peace, which Of ENGLAND. 427 which fince his Time hath for the raoft Part Ki H VIL continued in this Kingdom, until this Day. For Statutes of Non-Claim are fit for Times of War, when Mens Heads are troubled, that they cannot intend their Eftate; but Statutes, that quiet Pof- fefiiori9, are fitteft for Times of Peace, to extin- guifh Suits and Contentions, which is one of the Banes of Peace. ' Another Statute was made of Angular Policy, The Soldiery ; for the Population apparently, and (if it be tho- roughly confidered) for the Soldiery and Military Forces of the Realm. * Inclofures at that time began to be more fre- quent, whereby Arable Land which could not be manured without People and Families) was turned into Pailure, which was eafily ri-d'by a few H^rdf- men ; and Tenancies for Years, Lives and at Will (whereupon much of the Yeomanry lived) were turned into Demefnes. This bred a Decay of People, and (by conftquence^ a Decay of Towns, Churches, Tithes, and the like. The King likewife knew full well, and in no wife forgot, that there enfued withal upon this a Decay and Diminution of Subfidy-andTaxes ; for the more Gentlemen, ever the lower Books of Subfidies. In remedying of this Inconvenience, the King's Wifdom was admirable, and the Parliament's at that Time. Inclofures they would not forbid, for that had been to forbid the Improvement of the Patrimony of the Kingdom ; nor Tillage they would not compel, for that was to ftrive with Nature and Utility. But they took a courfe to take away depopulating Inclofures, and depopu- lating Pafturage, and yet not by that*Name, or by any imperious exprefs Prohibition, but by Con- fequence. The Ordinance was, That all Houfes of Hufbandry, that were ufed with twenty Acres inclofures of of Ground, and upwards, mould be maintained Land, and kept up for ever ; together with a competent Proportion of Land to be ufed and occupied with them; 428 The Tarliamentary History King Hcary VII. them, and in no wife to be fevered from them ; as by another Statute, made afterwards in hisSuc- ceflbr's Time,was more fully declared. This upon Forfeiture to be taken ; not by way of popular Ac- tion, but by Seizure of the Land itfelf, by the King and Lords of the Fee, as to half the Profits, till the Houfes and Lands were reftored. By this means the Houfes being kept up, did of Neceflity inforce a Dweller; and the Proportion of Land for Occupation being kept up, did of Ncceflity inforce that Dweller, not to be a Beggar or Cot- tager, but a Man of fome Subftance, that might keep Hinds and Servants, and fet the Plough on going. This did wonderfully concern the Might and Manhood of the Kingdom, to have Fermes, as it were of a Standard fufficient to maintain an able Body out of Penury ; and did in effect amortize a gre-it Part of the Lands of the Kingdom unto the Hold and Occupation of the Yeomanry, or middle People, of a Condition between Gentlemen and Cottagers or Pealants. Now, how much this did advance the military Power of the Kingdom, is apparent by the t;ue Principles of War, and the Examples of other Kingdoms. For it hath be'en held by the general Opinion of Men of beft Judgment in the Wars (howfoever fome have varied, and that it may receive fome Diftinction of Cafe) that the prin- cipal Strength of an Army confifteth in the In- fantry or Foot. And to make good Infantry, it requireth Men bred, not in a fervile or indigent Fafhion, but in fome free and plentiful Manner. Therefore, if a State run moll to Noblemen and Gentlemen, and that the Hulbmd-men and Plough-men be bat as their Work- folks and La- bourers, or elie meer Cottagers (which are but Houfe Beggars) you may have a good Cavalry, but never good liable Bands of Foot ; like to Coppice- Woods, that if you leave in them Staddles too thick, they will run to Bullies and Briars, Of E N G L A N D. 4 a£ Briars, and have little clean Underwood. And King HfenryVil. this is to be feen in France and Italy, and fome other Parts abroad, where in effecT: all is Noblefle, or Pefantry ; I fpeak of People out of Towns, and no middle People ; and therefore no good Forces of Foot : Infomuch, as they are inforced to em- ploy mercenary Bands of Switzers, and the like, for their Battalions of F"oot : Whereby alfo it comes to pafs, that thofe Nations have much People, and few Soldiers. Whereas the King faw, that contrariwife it would follow, that England, though much lefs in Territory, yet mould have infinitely more Soldiers of their native Forces, than thofe other Nations have. Thus did the King fecretly fow Hydra's Teeth, where- from (according to the Poets Fiction) fhould rife up armed Men for the Service of the Kingdom. ' The King alfo (having Care to make his Realm potent, as well by Sea as by Land) for the better Maintenance of the Navy, ordained, That Wines and Woads from the Parts of Gafcoigny and The Wl - He _ Languedoc, mould not be brought but in Englijh Trade, Bottoms; bowing the ancient Policy of this Eftate, from Confideration of Plenty to Confideration of Power. For that almoft all the ancient Statutes incite by all means Merchant-Strangers, to bring in all Sorts of Commodities ; having for End Cheapnefs, and not looking to the Point of State concerning the Naval Power. * The King alfo made a Statute in that Parlia- ment Monitory and Minatory, towards Jufticesjuftjcesof Peace, of Peace, that they fhould duly execute their Of- fice ; inviting Complaints againft them, firft to their Fellow- Juftices, then to the Juftices of Afiize, then to the King or Chancellor ; and that a Proclamation, which he had pubiifhed of that Tenor, fhould be read in open Seffions four Times a Year, to keep them awake. Meaning alfo to have his Laws executed, and thereby to reap either Obedience or Forfeitures ; (wherein to- wards Kjng Henry VII Penal Laws Coinage 5 Woolen Manu- facture ; 430 The 'Parliamentary History wards his latter Times he did decline too much to the left Hand) he did ordain Remedy againft the Practice that was grown in ufe, to Hop and damp Informations upon Penal Laws ; by procuring In- formations by Collulion to be put in by the Con- federates of the Delinquents, to be faintly profe- cuted, and let fall at pleafure, and pleading them in bar of the Informations, which were profecuted with Effect. * He made alfo Laws for the Correction of the Mint and counterfeiting of foreign Coin current. And that no Payment in Gold fhould be made to any Merchant- Stranger, the better to keep Trea- fure within the Realm, for that Gold was the Metal that lay in leaft Room. * He made alfo Statutes for the Maintenance of Drapery, and the keeping of Wools within the Realm ; and not only fo, but for ftinting and limiting the Prices of Cloth ; one for the finer, and another for the courfer Sort. Which I note, both becaufe it was a rare thing to fet Prices by Statute, efpecially upon our Home-Commodities; and becaufe of the wife Model of the Act, not prescribing Prices, but ftinting them not to exceed a Pate, that the Clothier might drape accordingly, as he might afford. ' Divers other good Statutes were made that Parliament, but thefe were the principal. And here I do defire thofe, into whofe Hands this Work (hall fall, that they do take in good Part my long infilling upon the Laws that were made in this King's Reign ; whereof I have thefe Rea- fons : Both becaufe it was the preheminent Virtue and Merit of this King, to whofe Memory I do Honour; and becaufe it hath fome Correfpondonce to my Perfon ; but chiefly, becaufe (in my Judg- ment) it is fome Defect even in the beft Writers of Hiftory, that they do not often enough fum- marily deliver and fet down the moft memorable Laws, that pafTed in the Times whereof they write, 0/ E N G L A N D, 431 write, being indeed the principal A els of Peace. King Henry vil. For though they may be had in original Books of Law themfelves ; yet that informeth not the Judgment of Kings and Counfellors, and Perfons of Eltate, fo well as to fee them defcribed, and entered in the Table and Pourtrait of the Times.* Monf. Rapin takes no Manner of Notice of this Parliament. His Annotator hath given us the Heads of feme more Statutes made in it, but there were ftill others, in Reference to the Church, which are not taken Notice of by Lord Bacon j but are what we think proper juft to mention. Firft, an Act was paffed, c That all Letters Religious Houfts. * Patents granted to any Religious Houfes, for * discharging them from the Payment of Tithes* * fhould be void and of no EffecT:.' Next, * Becaufe People were embolden'd by Murder and Rob- ' the Benefit of the Clergy, to commit Murder, bery. ' Robbery, &c. To prevent this Inconvenience, * this Privilege is reftrained to the firft Offence, ' and new Penalties ena&ed againft Offenders * in fuch Cafes (#). We have now a Gap of Time of three Years, before we meet with an Account of another Par- Jiament ; in which Interval, the Exigencies of State had render'd it abfolutely neceffary to have a Quarrel with France. 'We fhall pafs over fome Altercations, in the, noble Hiftorian, between Henry and the French King, tending more towards fhewing a deeper Reach in Politics, than any real Defign to enter into an adual War with each other. A more particular Account of which will be as well feen in the Proceedings of the next Parliament j which the King found himfelf oblig'd to call byAVrits, bearing Date at TVeflminJier, Auguji iz, to meet at the fame Place, on the 17th of October follow- ing. . (*) Statuttt 4 Hen, VII. Cap. 5, 1^. Colljir'j EccUf. THift. p. 703.. 43 1 7W Tarliainsntary History King Henry VII. ing. The firft Writ to the Peers ij dire&ed to his moft dear firft-born Son Arthur, Prince of Wales, &c. a Child then about two Years of Age (y). AnnoRegni, 7. At the Time appointed, being all aflembled At Wcftrmnfter. as uiual, the King himfelf fpoke to them, from the Throne, in thefe Words : My Lords, and you the Commons, The King's l/lT^ en I purpofed to make a War in Brittainy by Speech at open- r r my Lieutenant, I made Declaration thereof ingtheSeffion. f y 0U by my Chancellor ; but novj that 1 mean to make a War upon France in Per/on, I will declare it to you my/elf. That War was to defend another Man's Right, but this is to recover our own ; and that ended by Accident, but we hope this jhall end in Viclory. The French King troubles the Chrijlian World. That which he hath is not his own, and yet he feeketh more. He hath invejled himfelf of Brittainy. He ?naintaineth the Rebels in Flanders, and he threat- neth Italy. For Ourfelves, he hath proceeded from Diflimulation to Negiecl, and from Negiecl to Con- tumely. He hath affailed our Confederates ; he denieth our tribute. In a Word, he feeks War ; fo did not his Father, but fought Peace at our Hands ; and fo perhaps will he, when good Coun- cil or Time Jhall make him fee as much as his Father did. Mean while, let us make his Ambition our Ad- vantage ; and let us not Jland upon a few Crowns of Tribute or Acknowledgement, but {by the Favour of Almighty Good) try our Ri^ht for the Crown of France itfelf ; remembering that there hath been a French King Prifoner in England, and a King of England crowned in prance. Our Confederates are not dhninifhed. Burgundy is in a mightier Hand than ever, and never more provoked. Brit- tainy cannot help us, but it may hurt them. New Acquejls are more Burthen than Strength. The Malecontents (y) Dug dais's Summons, Anno 7. Hen. VII. p. 4S0, Of E N G L A N D, 433 Male contents of his own Kingdom have not been „ bafe, popular % nor titulary lmpoflors, but of an z ^ higher Nature. The King of Spain {doubt )e not) will join with us, not knowing where the French King's Ambition will flay. Our Holy Father the Pope likes no Tramontanes in Italy. But howfoever it be, this Matter of Confederates is raiher to be thought on than reckoned on. For, Gd forbid, but England yftWi be ab,e to get Reafon ^France, without a Second At the Battles of Crefly, Poicliers, Agen- Court, we were of Our/elves. France hath much People, and few Soldiers. ''I hey have noflable Bands of Foot. Some good Horfe they have, but thole are Forces which are leaft fit for a defenftve War, where the Aclions are in the AJJailants Choice. It was our Difcords only that lojl France ; and (by the Power of God) it is the good Peace wh ch we now enjoy, that will recover it. God hath hitherto _ bleffed my Sword. I have in this Time that I have reigned, weeded out my bad Subjeds and tried my good. My People and I know one another, wh ch breeds Confidence. And if there Jhould be any bad Blood left in the Kingdom, an honourable Foreign War ivill vent it, or purify it. In this great. Bufmefs, let me have your Advice and Aid. If any of you were to make his Son Knight, you mght have Aid of your Tenants by Law. This concerns the Knighthood and Spurs cf the Kingdom, whereof I am Father ; and bound not only to jeek to maintain it, but to advance it. But for Matter of Treafure 9 let it not be taken from the poorer Sort ; but from thofe, to whom the Benefit of the War may redound. France is no Wilder nefs j and J, that profefi gjod Husbandry, hope to make the War, after the Be- ginnings, to pay itjelf. Go together in God's Name, and lofe no Time ; for I have called this Parliament wholly for this Caufe. Lord Bacon obferves, ' That the Parliament took Fire immediately at this Speech, b ing ever affectionate to a War with France 3 but, at this Vol. II. E e Time A War with France refolved •H. 43 4 The Tarliamentary Hi story Sing Henry vii. Time the more fo, in order to repair the Difho- nour tb:y thought the King had iuftair.ed by the Lofs of Britany. ' Therefore they advifed the King, with great Alactitv, to undertake the War of France. And although the Parliament confifted of the Firft and SeconJNob lity, together with the principalCitizens and Townfmen, yet worthily 3nd juftly refpe&ing more the People, whofe Deputies they were, than their own private Perfons ; and finding by the Lord Chancellor's Speech the King's Inclina- tion ihat Way, they confented r hat Commiflion- ers mould go forth, for the gathering and levying A Benevolence of a Benevolence, from the -more able Sort. This panted by fa- Tax, called Benevo'ence, was devifed by Edward the Fourth, for which he fuftained much Envy. It was abolifhed by Richard the Third, by A6t of Parliament, to ingratiate himfelf with the People ; and it was now revived by this King, but with Confent of Parliament, for fo it was not in the Time of King Edward the Fourth. But by this Way he railed exceeding great Sums ; infomuch as the City of London^ in chofe Days, contributed ninethoufand Pounds and hetter, and that chiefly levied upon the wealthier Sort. There is a Tra- dition of a Dilemma, that Bifhop Morton, the Chancellor, ufed to raife up the Benevolence to higher Rates ; fome called it his Fork, and fome his Crotch. For he had couch'd an Article in the In^ru&ions to the Commifiioners, who were to levy the Benevolence, That if they met with any that were fparing, they (hodd tell them, that they muft needs have becaufe they laid up ; and if they were Spenders, they muft needs have becaufe it was feen in their Port, and Manner of living. So neither Kind came amifs. ' This Parliament was merely a Parliament of War ; for it was in Subftance but a Declaration of War againft France and Scotland^ with fome Statutes conducing thereunto ; as the fevere punifhing of Mortpays, and keeping back of Soldiers Of E N G L A N D. 41$ Soldiers Wages by Captains j the like Severity King Henry Vtt for the Departure of Soldiers without Licence j - ftrengthening of the common Law in Favour of Protections, for thofe that were in the King's Service ; and the fetting the Gate open and wide, for Men to fell or mortgage their Lands wiihout Finei. for Alienation, to furniih themfelves with Money for the War ; and laitly, the avoiding of' all Siottijb Men out of England. There was alfo a Statute, forthediiperftngof the Standard of the Exchequer, throughout England; the.eby to fize Weights and Meafures ; and two or three more of lefs Importance.' Old Fabian, an Hiftorian in thefe very Times, mentions the Sum which the Citv of London was obhged to pay to this Benevolence , more particu- larly than Lord Bacon. He fays, * That this Year, 1492, a great Benevolence wts granted the King for his Journey into France. Towards which the Company of Drapers gave more than any other Fellowfhip in the City Every A'derman then in Being, nolente volente, paid 200 /. over and above the Sum that was given from the Chamber of London, which amounted to 9682 /. 17 s. 4ench War, and the Ki rig aclual- The King lands ly embark'd with them at Sandwich, OeJooer the w^bteaP^T 6th ' and the lame Day hc ,anJed at Calais * 'Afterwards Henry befieged Bulloign, in Form ; but there he received fuch Overtures of a Peace from the French King, as were very acceptable to him j and Money, the Idol which Henry always worfhipped, ibon brought it to a Conclufion. In fhort, the Price of a Peace was ftated on one Side, and agreed to on the other ; by which Henry fill'd his Coffers, but it was by the emptying of a great many of the Purfes of the Nobility and principal Perfons in the Army ; who had many of them fold or engag'd their Eftates upon the Hopes of thi3 War (c). Thefe ftuck not to fay, ' That the King had made good what he had faid in Parliament ; 'That after the War was once begun 9 he doubted not but to make it pay itfeif. And he had kept his Promife accordingly.' But, tho' the Act for enabling Perfons to fell or mortgage their Eftates, proved fo pernicious to the Nobility at that Time and their Pofterity after them; yet, it has proved of infinite Service to the Commons of England ; who, by thefe ' • Means (b) Chron. Fol. an (c) Henry received from the French King, in ready Money, 745,000 Ducats, which amounts to 186,250 /. Englijb ; and a Peiifion, or Tribute, of 25,000 Crowns yearly, J. Speed, p. 737, Of E N G L A N D. 437 Means have purchafed and do now enjoy many KingHenryVif, EiLres which anciently belonged to the chief N hihty of the Kingdom. And, by thus weakening their Powers, Vailalage was taken off, and Henry's Ti le. which chiefly lay in the People, gre ily ftreng'bened. Soon a-'ter the King's Return from his extra- ordinary Winter Campaign hvo France, another Confpmcy broke out againft him ; which had like to have proved of worfe Conlequence than any that h ; theno happened. Margaret, Dutchefs of Burgu.dy, Siller to Edward IV. was a Princets that watched all Opportunities to diflurb Henry's Rcpofe ; and had now fpirited up one Perkin IVarbeck, a bold and comely Youth, to perfonaie Richard Duke of York, laid to have been murthered with his Brother in the Tower. To the noble Hiftori^n, and the more general Hiftories, we muft refer our Readers for the Particulars of this Affair ; which continued in Agitation fome Years before it was entirely fet- tled (d). In the Midft of thefe Commotions, Henry thought fit to call another Parliament ; the Writs of Summons bearing Date at Wejlminfler, Sep- tember 15th, for a Parliament to meet at the fame Place on the 14th of October following ; which is fcarce a Month's Notice (e). It were to be wifhed, that fehe noble Hi dorian Anno Regni 11. would have introduced this Parliament with the At wdSnfter. Ee 3 fame (d) In the Year 1496, King Henry granted Licence to one John Cabot, a Citizen of Venice, and his three Sons Lewis, Sebajlian and Sancho, with five Ships, &c. to fail to the JVefl -Indies, and make Difcoveries of Lands and Countries, as the Record fays j £%ua' Cbriftianis omnibus ante bac tempora fuerunt incognita. The King was to have one Fifth of the Money and Me.chandizes they gained by this Voyage. Feed, Ang. Tom. XII. Pag 597. (e) Dvgdal^s Summons, Anno 11. Hen. VII. P. 481. There is a very great Miftake in Kennel's Marginal Dates of Years, in his Edition. Lord Bacon fays exprelsly, that this Parliament was called in the eleventh Year of this King, which was Anno 1497 } the Notes, all along, make it only 1495 and 1496. Pag. biz, &c, M. Rafin has fallen into the fame Error. Fabian mentions a Parliament held at PFefiminjier, in the Year 1494. 43 8 The *P arliamen* ary Histort King Henry VII. fame Solemnity as be did the 1 ft, with a Speech from the Throne, &V. However, what he does fay relating to th.- Proceedings, finrre he is our principal Guide, lAe, in his own Phraie and Man- ner, as follows : ' This Year alio, the King called his Parlia- Aftipaft'd. ment ; where miny Laws were made, of a more private and vulgar Nature, than ought to detain the Pveader of ar. Hiftory. And it may be juftly fufpecled, by 'he Proceedings following, that as the King did excel in good Commonwealth Laws, fo neverthelefs he had, in fee ret. a defign to make ufe of them, as well for collecting of Treafure, as for correcting of Manners ; and fo, meaning thereby to harrow his People, did accumulate them the rather. 4 The principal Law, that was made this Par- liament, was a Law of a itrange Nature ; rather juft than legal, and more magnanimous than pro- vident. This Law did ordain, That no Perfon that did affift in Arms, or orherwife, the King for the time being, mould afterward be impeached therefore, or attainted, either by the Courfe of the Law, or by Act of Parliament : But, if any fuch Act of Attainder did happen to be made, it fhould be void, and of none Effect ; for that it was agreeable to Reafon of Eftate, that the Sub- ject fhould not enquire of the Juftnefs of the King's Title, or Quarrel ; and it was agreeable to good Conscience, that, whatfoever the Fortune of the War were, the Subject fhould not fuffer for his Obedience. The Spirit of this Law was won- derfully pious and noble ; being like in Matter of War unto the Spirit of David in Matter of Plague, who laid, If 1 have finned, Jirike me ; but what have tkeje Sheep done P Neither wanted this Law Par's of prudent and deep Fore-fight : for, it did the better take away occafion for the People to bul'y themfelves, to pry into the King's Title ; for that howfoever it fell, their Safety was already provided Of E N G L A N D. 439 provided for. Befides, it could not but greatly King Henry VH. dra unto him the Love and Hearts of the Peo- ple, beiauie he feemed more careful for them, tl- '■'■■ for himfelf. But yet neverthelefs, it did take ft irom hi.-- Party that great Tie and Spur of N cefliry, to fight and go Vidors out of the Field ; confidering their Lives and Fortunes were put in Safety, and protected, wheiher they flood to it, or ran away. But the Force and Obliga- tion of this Law was in itfelf illufory, as to the latter P.irt of it, by a precedent Ad of Parlia- ment, to bird or fruftrate a future. For a fu- prerre and abfolute Power cannot conclude itfelf, neither can that which is in Nature revocable be made fixed ; no more than if a Man fhould ap- point or declare by his Will, that if he made any latter Will, it fhould be void. And for the Cafe of the Ad of Parliament, there is a notable Prece- dent of it in King Henry the Eighth's Time ; who, doubting he might die in the Minority of his Son, procured an Ad to pafs, That no Statute made during the Minority of the Kmg y Jhould bind him or his Succeffors, except it were confirmed by the King under his great Sea!> at his full Age. But the firft Ad that palled in King Edward the Sixth's Time, was an Ad of Repeal of that for- mer Ad ; at which time, neverthelefs, the King was * Minor. But Things that do not bind may fatisfy for the time. ' There was alfo made afhoaring or underprop- ing Ad (or the Benevolence, to mr.ke the Sums which any P. rfon had agreed to pay, and never- thelefs were not brought in, to be leviable by a Courfe of Law. Which Ad did not only bring in the. Arrears, but did indeed countenance the whole Ruiinefs, and was pretended to be made at the D.fire of thofe, that had been forward to . Fy (f) ' IT rf E e 4 This (f) This Aft brought in, ftill, very large Sums to the King's Coffers. The Arrears being very confiderable, betaufe the War with 44° 7be Parliamentary History King Henry VII. * I n this Parliament alfo was made that goodLaw i which gave the Attaint upon a falfe Verdict be- tween 1 arty and Party, which before was a kind of Evangile, irremediable. It extends not to Caufes capital, as well becaufe they are for the moll Part at the King's Suit, as becauie in them, if they be followed in Courfe of Indictment, there pafleth a double Jury, the Indidtors and the Triers ; and fo not twelve Men, but four and twenty. But it feemeth that was not the only Reafon ; for this Reafon holdeih not in the Ap- peal. But the great Reafon was, left it fhould tend to the Difcouragement of Jurors in Cafes of Life and Death ; if they fhould be fubjecT: to Suit and Penalty, where the Favour of Life makeih againft them. It extendeth not alfo to any Suit, ■where the Demand is under the Value of forty- Pounds i for that in fuch Cafes of petty Value, it would not quit the Charge, to go about again. ' There wasanotherLaw made againft a Branch of Ingratitude in Women, who having been ad- vanced by their Hufbands, or their Hufbands An- cestors, mould alien, and thereby feek to defeat the Heirs, or thofe in 'Remainder, of the Lands, whereunto they had been fo advanced. The Remedy was, by giving Power to the next, to enter for a Forfeiture. 4 There was alfo enacled that charitable Law, for the Admiffion of poor Suitors in Forma Pau- peris t without Fee to £ounfcllor, Attorney, or Clerk ; whereby poor Men became rather able to vex, than unable to fue. There were divers o- ther good Laws made that Parliament, as we faid beiore ; but we ftill obferve our Manner, in fe- . lecling out thofe, that are not of a vulgar Na- ture {g). Though with France having lafted not long, many Perfons had declined to pay either in full, or in Part. It appears by the Public Ails, that the Archbifhop of. Canterbury was indebted 1500 /. Sterling. Feed. Ang. Tom. XII. P. 632. (g) See Statutes at Large Anno Regni Henry VII. Undccimo. Of E N G L A N D. 44l ' Though in the Acts of this Parliament, King Henry vn. there is no mention made of the Oppofition then on foot j whether oui o<- Policy, or not, is uncer- tain ; or whether the King thought it below him then, to trouble ihe Houfes about it ; yet it is certain, that, (tout and wife as he was, he was not without his Apprehenfions. The Impoftor had prevailed upon the King of Scots to efpoufe his Quarrel ; who, actually, invaded England, the next Year ; and Henry found himfelf obliged, at laft, to lay the Affair before a Parliament, which was fummoned to meet at Weftminfter, on January i6ih, in the twelfih Year of his Reign. Lord Bacon fays, * That the Winter following the King called hi? Parliament; where, inaSpeech AnnoRegni iz. from the Throne, he did much exaggerate both H98. the Malice and the cruel predatory War lately At WeftmiBftCT - made by the King of Scotland ; * That this King be- ' ing in Amity with him, and no ways provoked, The King bysbe- ' mould ib burn in Hatred towards him, as to drink fore th £ * >arlia - ' of the Lees and Dregs of Perkin's Intoxication,™'" 0/ parkin * who was every where elfe detected and Warbeck. * difcarded. And that when he perceived it was * out of his Reach to do the King any Hurt, he ' had turned his Arms upon unarmed and unpro- ' vided People, to fpoil only and depopulate, con- ' trary to the Laws both of War and Peace : ' Concluding, that he could neither with Honour, * nor with the Safety of his People, to whom he c did owe Protection, let pafs thefe Wrongs unre- 4 venged.' The Parliament underftood him well, and gave him a Subfidy, limited to the Sum of ASubfld anted 1 20,000/. befides two Fifteenths. For his Wars were always to him as a Mine of Treafure, of a flrange Kind of Ore, Iron at the Top, and Gold and Silver at the Bottom. At this Parliament (for that there had been fo much Time fpent in making Laws the Year before, and for that it was called purpofely in refpect of the Scottijh War) there Were no Laws made to be remembered. Only 44* The Parliamentary History K - H vn Onlv there pafed a Law, at the Suit of the Merchant- M ventures of England, againft the Merchant Adv' crturers of London, for monopo- lizing and etfa&ing upon t c Trade: Whch it feemeth rhey did, a lit !e 10 l«ve themfelves, after the' hard Time the v hdfufrined by Warit of Ti. le. Butthote Innovation^, were taken away by P, rlianvnr. TheSunfi y granted this ' armarium, according to Fabian, was tw Tenti.s ; r. i a Half, two Aides and two lift tenths, in odet 10 raife the Sum of 120 ooo 1 for the Scotch War The King borrow'd aKo of the City ot London 40C0I. but Ha/land Hoti'mgfoead both fay. that though this Subfidy, now gtame i, w .s not great, yet the common People grudged much to pay it ; jtfways hath g iuch Taxes and Exactions The F eruh Je uit rematks, tha Henry loved Money io well, that he made a Tra e of boih P ace and War to gain it j Jelling the former to S r ngtrs, and the latter to h s own Subjects. Under this Piecaution. adds this Author, the Enghfl) Nation, the ler.it ir ;ctableof all Na ions in paying Taxe- to their Kings, are always on their Guard againft h:m when he goes upon hat Artic'e (h). And, indee,', no fooner this S-..b- fidy began to be levied in Cornwall but the Comijh . Men rofein anaclual Rebel ion ayaiiift ir j under Coniwd the Leading of one F/anwmL a Lawyer, and one Michael Jo/eph, a Bbek:m:tb Thefe Cap- tains marched their Follower- toward-- Kent ; and at Welles were joined by James Tou for that her former Marriage was made in Blood. Henry (»*) Hall writes, that this poor Prince was kept dofe Prifoner, almoft from the Sight of Men, but cfpecially of Birds and Beaftt j infomuch that he could sot tell a Goole from a Capon. An. 15. Hen. j. Fol. I. 444 The Parliamentary History Kbg Henry VII. Henry \ being now freed from all his Enemies, fethimfelf earneftly to indulge his favourite Poflion of Avarice. And, to that End made Ufe of very fcandalous Ways and Means ; of which the noble Hiftorian is full of Inftances. But, it wasnot till feven Years after the laft, that he thought fit to fummon another Parliament ; a larger Space of Time from calling thofe Affemblies, than we have met wkh in many preceeding Reigns. The Summons to this Parliament is not on Record ; or at leaft, is not in Dugdale ; but our Statute- Books inform us, that it met on the 16th Day of A»noRcgnli9. January, in the 19th Year of this Reign. a -m 1 ^"/! The King's Pretence in afiembhng this Parlia- ment, was the Neceffity of reviving certain Statutes and making fome new ones. Put, the real Motive was to demand a Subfidy for hi&eldeft Daughter's Dowry, juft then married to the King of Scots. The Cuflom of demanding Mo- ney on fuch Occafions, fays Rapin (k), was too advantageous to this King to fuffer it to be abolifh- cd. The new Queen's Portk n was but 30,000 Nobles ; but, the Subfidy granted may be well thought more confiderable, befides a handfome Prefent made by the Clergy on the fame Account. So that inftead of emptying his Coffers, by the Marriage of his Daughter, he fill'd them the fuller for it. Old Fabian, whofe Chronicle ends in the laft Year of this King, informs us, that it was not a Subfidy, but only an Aid of 36,0001. that was granted ; though, he does not tell us whether it was on the Marriage of the Princefs, or not. Lord Bacon begins his Account of the Proceed- ings in this Parliament with obferving, . * That a Man may eafily guefs how abfolute the King took himfelf to be with his Parliament, when his Edmund Dudley, Creature Dudley, that was fo odious to the EfqjchofeSpeak-Public, was made Speaker of the Houfe of Com- *• mons. (*j Fel. Edit, p. 687. Of ENGLAND. 445 mons. He tells us, that there were not any King Henry vn. memorable Statures made in it, relating to public Government ; and thofe that were pais'd, had ftill a Stamp of the King's Wifdom and Policy; that is, of his Craft and Avarice. The noble Hiftorian hath given us fo full a View of this King's unjuft Exactions, drawn up in a very few Words, at Laws ena&ei, the End of his Account of the A&s made in this Parliament, that it cannot be unacceptable to our Readers. ' There was a Statute made for the difanulling of all Patents of Leafe or Grant, to fuch as came not upon lawful Summons, to feive the King in his Wars, againft his Enemies or Rebels, or that fhould depart without the King's Licence ; with an Exception of certain Perfons of the Long Robe. Providing neverthelefs, that they fhould have the King's Wages, from their Houfe, till their Return Home again. There had been the like made before for Offices, and by this Statute it was extended to Lands. But a Man may eafjly fee by many Statutes made in this King's Time, that the King thought it fafeft to affiit Martial Law by Law of Parliament. ' Another Statute was made, prohibiting the bringing in of Manufactures of Silk wrought by itfelf, or mix'd with any other Thread. But it was not of Stuffs of whole Piece (for that the Realm had of them no Manufacture in Ufe at that Time) but of Knit Silk, or Texture of Silk ; as Ribbands, Laces, Cawls, Points, and Girdles, &V. which the People of England could then well (kill to make. This Law pointed at a true Principle ; that where Foreign Materials are but Superfluities, Foreign Manufactures fhould be prohibited. For that will either banifh the Super- fluity or gain the Manufacture. ' There was a Law alfo of Refumption of Patents of Goals, and the re-annexing of them to the Sheriffwicks j priviledg'd Officers being no lefs 44^ The Parliamentary History. KintHeniyVIl. lefs an Interruption of Juftice, than priviledg'd Places. « There was likewife a Law to reftrain the Bye- Laws or Ordinances of Corporations, which many Times were againft the Prerogative of the King, the Common- Law of rhe Realm, and the Liberty of the Subje6t, being Fraternities in Evil. It was therefore provided, that they fhould not be put in Execution, without ihe Allowance of the Chancellor, Treaiurer, and the two Chief Juftices, or three of them, or of rhe two Juftices of Circuit where the Corporation was. ' Another Law was, in EffecT:, to bring in the Silver of the Realm to the Mint, in making all clipped, diminifhed, or impair'd Coins ofSilver(/), not to be current in Payments ; without giving any Remedy of Weigh:, but with an Exception only of a reafonable Wearing, which was as no- thing in refpedt of the Uncertainty ; and fo, upon the Matter, to fet the Mint on Work, and to give Way to new Coins of Silver, which mould be then minted. ' There was likewife a long Statute againft Vagabonds, wherein two Things may be noted ; the one the Diflike the Parliament hd of Goaling of them, as that which was chargeable, pefterous, and of no open Example. The other, that in the . Statutes of this King's Time, for this of the nineteenth Year is not the only Statute of that Kind, there are ever coupled, the Punifhment of Vagabonds, and the forbidding of Dice, and Cards, and unlawful Games, unto Servants and mean People, and the putting down and fuppref- fingof Ale-Houies, as Strings of one R ot toge- ther, and as if the one were unprofitable Without the other. ' As for Riot and Retainers, there pafied fcarte any Parliament in this Time without a Law againft uo Tempore, ut tefiatur Cenfualis Anglics Liber, Epifcopus ipfum Oppidum tenuit, quod pro qulnquaginta Hidis gelda- vt i and fo of other Towns : By which it appears, that, of old Time, this feemed to be a yearly Tri- bute in Certainty : Whereas now, tho' the Rate be certain, yet it is not levied but by Parliament. To this we may add, That thefe Kinds of Taxa- tions were impofed by the King at his Pleafure, till Edward I. bound himfelf and his Succeflbrs, from that Time forward, not to levy it but by Confent of the Realm {b). The Price ^/Provisions in the Reign of Henry VII. IN 1485, Wheat fold at 3 s. per Bufhel, and Bay Salt the fame Price. Hay, 5 s. per Load. —In 1489, Oats at 2s. per Quarter.— in 1491, Wheat, 14 s. 8 d. per Quarter. — In 1493, Oats at 2S. and Beans 3 s. 4d. per Quarter. — In 1494, Wheat fold for only 4 s per Quarter, and the next Year only 3 s. 4d. But in 1497, ** r °k t0 20S « — In 1498, Hay fold from 8s. 2d. to 10s. and 12 s. ^r Load. — The next Year, Wheat fold for 1 1. 4 s. per Quarter ; and in 1504, for 5 s. Sd. per Bufhel. — The next Year a Load of Hay fold for 6s. and Oats, 3 s. per Quarter. — In 1506, Oats, 2S. and Beans, 3s. Sd per Quarter. Next Year about the fame Price. — And, in 1508, Oats fold for is. lod. per Quarter. (a) Coivel's Di&ionary. (b) See Vol. I. p. 107, and 114. The END of the Second Volume, Mo* JAN1 DECi 11 IAN 29 Form L9-50m-4,'6: UC SOUTHERN REGIO - Jl PLEzy: D0 MQr REM0VE THIS BOOK CARDE i? ^HIBRARY^ 11. 2 < University Research Libra ry