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683 [683]

K. Henry. 4. Ridiculous penaunce. Notes of Parlamentes.

White, tenauntes of the Lord of Wengham: that agaynst the commyng of the aforesayd Archbyshop to hys palace of Canterbury on Palmes Sonday euen, the yeare of our Lord. 1390. where they beyng warned by the Baylife, to conuey and cary hay, straw, and other littour to the aforesayd palace, as they were bounde by the tenour of their landes, which they hold of þe sea of Canterbury: MarginaliaPenaunce enioyned for bringing straw to my L. horse.refusing and disdainyng to do theyr due seruice, as they were accustomed, brought theyr straw and other littour, not in cartes and waynes openly and sufficiently, but by peece meale, and closely in bagges or sackes, in contempt of theyr Lord & derogation of the right and title of the sea of Canterbury. Wherupon they beyng ascited and presented before the Archbyshop, sittyng in iudgement at hys manour of Statewood, yelded and submitted them selues to hys Lordshyps pleasure, humbly crauyng pardon of theyr trespas. MarginaliaExcommunication & absolution abused.Then the aforesayd Archbyshop absolued the aboue named Hugh Penny. &c. they swearyng to obey the lawes and ordinaunces of holy Church, and to do the punishment that should be appoynted them for their desertes, that is: that they going laysurely before the procession, euery one of them should cary openly on hys shoulder, hys bag stuffed with hay and straw, so that the sayd hay and straw should appeare hāging out, the mouthes of the sackes beyng open.

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¶ Notes of certayne parlament matters passed in thys kynges dayes.

MarginaliaNotes of this kyngs Parliamentes.To proceede now further in þe raygne of thys kyng, 

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Parliament Rolls for the reign of Henry IV

Foxe added this material on Parliamentary legislation curtailing papal jurisdiction to the 1570 edition and it remained unchanged in subsequent editions. Foxe's purpose in reproducing this material was fairly straightforward; he wished to demonstrate that papal claims to secular jurisdiction had been challenged even in the centuries before Luther. Unsurprisingly, Foxe drew much of this material from the Parliament Rolls. (See Rotuli Parliamentorum, ed. J. Strachey et al., 6 vols. {London, 1783], III, pp. 419, 594, 595 and 614-16). Foxe had access to the Rolls, which were part of the Tower Records, through his friend William Bowyer, who was effectively Keeper of the Tower Records from 1563-1570. But Foxe also drew the bill to deprive the church of its temporalities, which was advanced in the 1410 Parliament, from Robert Fabian's chronicle (see The chronicle of Fabian [London, 1555], STC 10664, pp. 386-7). Interestingly, Foxe also cites Thomas of Walsingham's chronicle as a source for the bill. Walsingham mentions the bill, claiming that it misrepresented the wealth of the Church, but he does not print it (see Thomas of Walsingham, Historia Anglicana, ed. H. T. Riley, 2 vols., Rolls Series 28 {London, 1864-5], II, pp. 282-3).

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and to intreate also some thyng of hys Parlaments, as we haue done of other before, first we will begin with the Parliamēt holdē in the first yeare of his cōming in.

Moreouer, forsomuch as our Catholike papists will not beleue yet the contrary, but that the iurisdiction of their father the Pope hath euer extēded throughout all the world, as well here in England as in other places: here therfore speaking of the parlaments holdē in thys kinges dayes concerning thys matter, I referre them to the parlament of the sayd kyng Henry in hys first yeare holden, and to the 27. article of the same. MarginaliaThe popes iurisdiction excluded out of this realme.Where they may read in the x. obiection layde agaynst king Richard in playne wordes: how that for asmuch as the crowne of thys Realme of England, & the iurisdiction belongyng to the same, as also þe whole Realme it selfe, at all tymes lately past, hath bene at such lybertie, & enioyed such prerogatiue, that neyther the Pope, nor any other out of the same kyngdome ought to intrude hymselfe, nor intermedle therein: it was therefore obiected vnto the forenamed kyng Richard the second for procuring þe letters Apostolical frō the pope, to þe cōfirming & corroborating of certain statutes of hys, & that his censures might be prosecuted against þe breakers thereof. Which semed then to the Parlament, to tende agaynst the crowne and regall dignitie, as also against the statutes & liberties of þe said this our Realme of England. Act. Parl. an. 1. Reg. Hērici. 4. Act. 27. MarginaliaEx Anno. 1. Reg. Hārici. 27.

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MarginaliaAn. 11. Reg. Henri. 4. act. 4. act. 29.Furthermore, in the second yeare of the sayd kyng this was in þe Parlamēt required, that all such persons as shalbe arested by force of the statute made agaynst the Lolardes in þe 2. yeare of Henry 4. may be bayled, and freely make their purgation: That they be arested by none other then by the Sheriffes or such like officers, neyther that any hauocke be made of their goods. The kyng graunted to take aduise therein.

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MarginaliaAn. 8. Reg. Henrici. 4. Act. 116.In the viij. yeare moreouer of thys kinges reigne, it was likewise propoūded in the Parlamēt, that all such persons as shall procure or sue in þe court of Rome any proces touching any benefice, collatiō, or presentatiō of the same, shal encurre þe payne of þe statute of prouisors, made in the 13. yeare of Richard. 2. whereunto the kyng graunted, that the statutes herefore prouided, should be obserued.

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MarginaliaAn. 8. Reg. Hārici. 4. act. 114.Item, in the sayd Parlament, there it was put vp by petition, that þe kyng myght enioy halfe the profites of euery persons benefice, who is not resident theron. Thereunto the kyng aunswered, that the ordinaries should do their dutyes therein, or ells he would prouide further remedy, to stay their pluralities.

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MarginaliaIbidā. act. 37.Item, in the sayd Parlament, it was required: that none do sue to the Court of Rome for any benefice, but onely in the kings courtes.

In the next yeare folowyng, which was þe ix. of this K. an other petitiō of the Cōmons was put vp in Parlament agaynst the Court of Rome which I thought good here to expresse as foloweth.

The Cōmons do besech, that for asmuch as diuers MarginaliaEx Rotulo Parlamenti in An. Henrici. 4.prouisours of the benefices of holy Church dwellyng in þe Court of Rome, through their singular couetousnes now newly Imagined to destroy those that haue bene long tyme incumbents in diuers their benefices of holy Church peaceably, some of them by the title of the kyng, some by title ordinary, and some by title of other true patrons therof, by coulor of prouisions, collations, and other grauntes made to the sayd prouisours by the Apostoill, of the sayd benefices, MarginaliaThe wickednes of the Popes prouisors in cityng & depriuyng beneficed mē in England, theyr citation beyng not knowen in the realme.do pursue processes in the sayd Court by citation made beyond the Sea, without any citatiōs made within the Realme in deede agaynst the same incumbents, whereby many of the said incumbents through such priuy and crafty processes and sentences of priuation & inhabilitation, haue lost their benefices, and others put into the places of þe sayd incūbentes before the publication of the same sentences, they not knowyng any thyng, and many are in great hassard to lose their benefices through such processes, to their perpetuall destruction and mischief: and for asmuch as this mischief cannot be holpen without especiall remedy be had by Parlament: pleaseth it the kyng to consider þe great mischief & daūger that may so come vnto diuers his subiectes wtout their knowledge through such citatiōs out of þe Realme, and therupō to ordeyne by þe aduise of the Lordes of this presēt Parlamēt, That none presēted, be receaued by any ordinary vnto any benefice of any such incūbent for any cause of priuation or inhabilitation whereof the processe is not foūded vpon citation made within the Realme, & also that such incūbents may remayne in all their benefices vntill it be proued by due enquest in þe Court of the K. that the citations wherupon such priuations and inhabilitatiōs are graūted, were made within the Realme: & that if such ordinaries do, or such presented or others do pursue the contrary, that then they & their procuratours, fautours & counsellours do incurre the paynes cōteined in the statute made agaynst prouisours in the xiij. yeare of the raigne of þe late Richard K. of Englād þe second, by processes to be made as is declared in þe statute made agaynst such prouisours in þe xxvij. yeare of þe raigne of K. Edward, predecessor to our L. þe kyng that now is, any royall licēces or grauntes in any maner to the contrary notwithstandyng: and that all other statutes made against prouisours and not repealed before this present Parlament, be in their full force and be firmely kept in all pointes.

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That the kynges Counsell haue power by authoritie of Parlament, in case that any man finde him selfe greued in particular, that he may pursue: & that the sayd Counsell by aduise of the Iustices do right vnto the parties. This to endure vntill the next Parlament, reseruyng alwayes vnto the K. his prerogatiue & libertie.

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MarginaliaAnno 9. Regis Henrici 4. Acts. 43.Item, that no Popes collector thence forth should leuye any money within the Realme, for first fruites of any ecclesiasticall dignitie, vnder payne of incurryng the statute of prouisions.

MarginaliaEx Chronic. D. Albani, Fabiano, et alijs.Besides, in the sayd Parlament holden the xj. yeare of thys kyng, is to be noted: how the commons of the land, put vp a Bill vnto the kyng, to take the temporall landes out from spirituall mens handes or possession. The effecte of which Bill was, that the temporalities, disordinately wasted by men of the Church, might suffise to finde to the kyng xv. Earles xv. c. knightes, vj. M.cc. Esquiers, and a c. houses of almose, to the relief of poore people, mo then at those dayes were wythin England: And ouer all these foresayd charges, the king might put yearely in his cofers. xx.M. pounde.

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Prouided, that euery Earle should haue of yearely rent. iij.M. marke, and euery knight C. marke, and iiij. plow lāds: eury Esquier xl. marke by yeare, with two plough lādes, and euery house of almose. c. marke, with ouersight of two true seculars vnto euery house: And also with prouision, that euery towneship should keepe all poore people of their owne dwellers, which myght not labour for their liuing: with cōdition, that if mo fel in a towne then the towne might mayntayne, than the sayd almes houses to relieue such towneships.

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And for to beare these charges, they alledged by their

sayd
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