Parliament Rolls of Medieval England. Originally published by Boydell, Woodbridge, 2005.
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'Henry VI: November 1459', in Parliament Rolls of Medieval England, (Woodbridge, 2005) pp. . British History Online https://www.british-history.ac.uk/no-series/parliament-rolls-medieval/november-1459 [accessed 12 April 2024]
In this section
1459 November
Introduction 1459
Coventry
20 November - 20 December
(PRO C 65/104. RP , v.345-70.)
PRO C 65/104 is a roll of fourteen membranes, each approximately 290mm in width. The membranes are sewn together in chancery style and have been numbered at a later date from 1-13 with 1 the opening membrane of the roll and 13 the penultimate membrane. The numbers appear upside down in the bottom left hand corner of each membrane. The text, written in the neat, clear chancery scripts of several scribes, occupies the rectos of the membranes only. The dorse of the roll is blank apart from such identifers as 'Parl anno 38 H. 6 pars unica' or 'Parl 38 H.6' written on each membrane in a later hand; on the dorse of membrane 1 is to be found the contemporary heading 'Rotulus parliamenti tenti apud Coventre anno regni regis Henrici sexti post conquestum tricesimo octavo' and the later headings 'Rotulus parliamenti de anno XXXVIII regis Henrici sexti' and 'Parliamentum de anno 38 Hen' 6'. The roll is in good condition and legible throughout. All headings are later except for those to items 6 and 27 and the second heading to item 36. The marginal arabic item numbers are of later date. The roll appears to be complete.
The parliament, later known as the 'Parliament of Devils' because of its attack on the Yorkists, was summoned to Coventry by writs dated 9 October 1459. The choice of location, in what had become a Lancastrian power-base, was significant. In the three and a half years since parliament had last been in session England had moved closer to outright civil war, in spite of efforts to broker a settlement between the two sides. The summoning of parliament followed the outbreak of armed conflict. On 23 September, the earl of Salisbury, leading troops west to join with the duke of York at Ludlow, was intercepted by, and defeated, Lancastrian forces under lord Audley at Blore Heath. The writs of summons were witnessed by the king at Leominster as the royal army moved against the Yorkists. Three days later, on 12 October, the Yorkist army confronted the Lancastrian forces outside Ludlow. Henry VI's presence with his troops proved decisive, and the Yorkist forces dissolved overnight rather than confront the king in battle. By the time parliament assembled on 20 November the Yorkist leaders had fled abroad: York himself to Ireland, while Salisbury, Warwick and York's eldest son Edward ended up in Calais.
The timing of the summons proved problematic. The writs were addressed to sheriffs whose term of office was due to expire on 7 November, leaving them open to penalties for exercising their office for longer than a year if they remained in post to organise the elections. On 3 November the government attempted to deal with the situation by sending out privy seal writs instructing the named sheriffs to proceed to an election even if this meant acting beyond their term of office, and promising them immunity. In many counties the writ was an irrelevance and the election had already been held, but in Nottinghamshire and Derbyshire (for which the writ survives) the outgoing sheriff, Nicholas Fitzherbert, did extend his shrievalty by one day to cope with the election rather than leaving it to the incoming Robert Clifton. (fn. int1459-1) The sheriffs concerned also took the precaution of petitioning parliament that they be exempted from any penalty and that the elections held in response to the privy seal writs should be as good and effectual as those held in response to any other command (item 35). The petition was granted, although this did not stop the Yorkists in the following year insisting that many of the 1459 members had been named without a free election, or any election at all, in order to achieve a compliant house.
One hundred and fifty-six members of the commons have been traced for this parliament. Unsurprisingly, they include several men who were to emerge as committed Lancastrians as England slid into war, or who, like Thomas Thorp, had their own grievances against York and his associates. But in spite of the Yorkist claims, echoed by many subsequent writers, that the house had been packed, it was not an aggressively partisan assembly, as can be deduced from the care taken to justify the severity with which the Yorkist leaders were treated.
There was a strong aristocratic presence. Three dukes (Exeter, Norfolk and Buckingham), five earls (Pembroke, Arundel, Northumberland, Shrewsbury and Wiltshire), two viscounts (Beaumont and Bourgchier) and twenty-two lords were present to take the oath of loyalty to Henry on 11 December, along with both archbishops and sixteen bishops (item 26). York, Warwick and Salisbury were not summoned. Their omission, coupled with the choice of location for the meeting, suggests that from the outset the intention had been to take action against them.
Parliament assembled in the king's presence in the chapter house of St Mary's priory. The chancellor, the bishop of Winchester, preached on the text: 'Grace to you and peace be multiplied' from the first epistle of Peter. As in 1455 that peace was to be achieved through the excision of malignant members of the body politic. The first item of business on the roll, after the election of Thomas Tresham as speaker, was a detailed refutation of York's insistence (articulated repeatedly since 1450, most recently at Ludford) (fn. int1459-2) that he and his allies were the loyal subjects of the crown, prevented by violence from demonstrating that loyalty. In a counterpart to York's strategy in 1455, the bill rehearsed the Lancastrian reading of events since 1450, which cast York and his allies as unnatural traitors, driven by ambition and persisting in wrong-doing in spite of the king's generous forgiveness. Appropriately, where the 1455 narrative had cast Henry VI as a passive figure, easily out-manoeuvred by his evil counsellors, the 1459 re-telling presented an impressively involved leader, capable of inspiring his army 'in so witty, so knyghtly, so manly, in so comfortable wise, with so pryncely apporte and assured maner that all their desire was oonly to hast to fulfill youre corageous knyghtly desire'.
The Yorkists' actions amounted to treason under the terms of the 1352 statute. All but three of the twenty-seven named in the bill were accused of levying war against the king, the remaining three of compassing his death. But the language of the bill goes beyond this in its indignant emphasis on the persistent treachery and ingratitude of York and his allies. What they did at St Albans was an 'execrabill and moost detestable dede', their behaviour in general prompted by 'the moost diabolique unkyndnesse and wrecched envye in theym, and moost unresonable appetite of such estate as of reason ought not to be desired nor had by noon of theym'. The unnaturalness of their behaviour was made the justification for their attainder, whereby all their possessions were forfeited and their heirs barred from inheritance forever by a bill which the king's assent made law. Land held to their use was included in the forfeiture, although not land that they held to the use of others. The rights of their wives to their jointure were also protected, although Salisbury's wife Alice was explicitly included among the traitors for inciting the others to treason and excluded from that protection.
The sense that this was a new development is captured by the way in which the author of A Brief Latin Chronicle lapses into English whenever he has occasion to mention the 'ateyntid traytowrs'. (fn. int1459-3) In fact the technique was not entirely new, although it had not been used on this scale before. (fn. int1459-4) In the 1450-1 parliament the commons had demanded the forfeiture of all the possessions of the dead traitor Cade and the corruption of his blood forever, to which the king had agreed (item 19). In the circumstances that was uncontentious. Far more contentious was the attempt by the commons to secure similar treatment for the dead duke of Suffolk (1450 parliament, appendix item 6). The bill demanded that Suffolk be not only reputed a traitor himself but that 'his blode be corupt, and his issue and other persones be unabled and forjuged to be heires to him of blode'. They could inherit neither the dead duke's titles nor his fee simple lands, which left open the question of entailed lands. Exemptions were made for land held by the duke to the use of others and for any interest which people other than his issue had in the lands. Unsurprisingly, the king reserved judgement and no action was taken, but the treatment of Cade remained available as a precedent. It was surely not a coincidence that when, in the next parliament (1453), the commons petitioned that York's ally William Oldhall, accused of supporting Cade, be reputed a traitor and forfeit all his lands, the example of Cade was rehearsed in a petition enrolled immediately before that against Oldhall (items 63-4). The right of Oldhall's heirs to inherit entailed lands after his death was explicitly protected, which was not to be the case in 1459.
The salient features of parliamentary attainder - condemnation by the king's assent to a bill setting out the offender's treason and extension of at least some of the penalties to the offender's heirs - were therefore part of the political landscape by 1459. But it is clear that the application of the technique to numerous lords and gentry, especially given the inclusion of their entailed lands, was controversial and thought to be in need of defence. Two surviving, non-parliamentary, texts set out the issues in the form of a debate between Mercy and Justice. The beginning of the Somnium Vigilantis is lost, and we do not learn the context in which the 'Dreamer' falls asleep. It begins in the course of setting up a formal debate between a representative of the Yorkists, who comes arrogantly into court demanding clemency, and the royal spokesman who courteously allows him a hearing. The Yorkist, the 'unknowen gest' is permitted to speak first. After a dig at his opponent's characterisation of the Yorkists as 'lordis of tyme passed', commenting darkly that 'peraventure the latent trowth is other wyse', he adopts a more conciliatory line. '[T]he cause of my cummyng is to labur for thair grace and to desire good direccion to be taken in this partie'. He then sets out six arguments against their punishment. The third and fourth articles rehearse something of York's claim that he had acted for the common weal against people who 'were odious to God and to the peple for thaire mysrule'. Most of the arguments however, are more cynical, including the claim that the threat from foreign enemies means that this is no time to be destroying lords, 'specially suche as stonden gretely in the favouure of the peple'. The threat hinted at here comes out into the open in the final article. Punishing them will only produce more violence: 'consyderynge thar powere and that thay have frendis in this lande and shall have who so ever says nay. And yf thay ben not receyved to mercy whyles while thay proferen to take hit, hit is to be dowted another tyme thay wylle aske none'. With devastating skill the Yorkist case is made profoundly unattractive, and the royal spokesman (allowed to speak at much greater length) has no trouble at all in demolishing it and winning the day for justice. (fn. int1459-5)
Whethamstede's account of the parliament includes a similar debate, which again serves to dismiss the arguments for clemency. His version begins with the reply of Justice to the arguments of the lords. These arguments are left unstated, although they can up to a point be deduced and have some similarities to those put in the mouth of the Yorkist spokesman in the Somnium . As in that work it is taken for granted that the Yorkists are in the wrong, although the structure of Whethamstede's version does allow Mercy the last word when she offers nine reasons for clemency in response to Justice's six arguments against the offenders. (fn. int1459-6)
How closely these literary accounts are related to debates within the parliament is a matter of some controversy. The bill against York and his associates has a conflict between mercy and justice as its subtext. Henry persistently offers the offenders mercy, even when the lords are urging him not to, and his generosity is as repeatedly abused. The same roles are then played out within parliament, but with the balance tipped towards mercy since this remains the king's preferred solution. The chancellor's choice of text for his sermon could be taken to imply an intention to pursue peace by softening the rigour of justice with the king's prerogative of mercy and at the end of the session Henry did indeed mitigate the act of attainder by reserving his right to mercy.
Whethamstede's narrative of the debate between Justice and Mercy has Henry's intervention as its climax. Although the terms in which the debate is conducted are more abstract than in the Somnium , it is presented as taking place before the king in parliament. Henry is swayed by the case put by Mercy, but the majority favour Justice and at the request of the lords and commons the traitors are duly attainted. The king, however, has the last word. When the day came round on which the bills to be enacted were given their accustomed public reading, Henry did not allow the clerk to proceed with the reading of the bill against the lords except with the proviso that he could, without calling a further parliament, grant full pardon and restoration to those who humbly sought his grace. (fn. int1459-7) The roll captures the sense that Henry's intervention was a response to the reading of the bill, but his reservation is expressed more generally. Henry asserted his prerogative 'to shewe such mercy and grace as shall please his hignes, accordyng to his regalie and dignitee, to eny persone or persones whos names be expressed in this acte, or to eny other that myght be hurt be the same'. Henry also reserved judgement on Lord Powys and Walter Devereux who had submitted after Ludford and been pardoned, but whose forfeiture had been called for in the bill (item 23).
The parliament roll thus presents the same message as the two debate texts: the Yorkists were traitors and deserved punishment, but royal clemency could override the rigour of the law, if (and it is an important qualification) that clemency was humbly requested. The Somnium , it will be remembered, was at pains to make it clear that there was nothing humble about the Yorkist spokesman. The victory of Mercy was not just a literary trope. Men implicated in York's opposition did come forward and make their peace, and were then omitted from the act of attainder at its final promulgation. Henry's proviso asserted his right to continue with that process beyond the lifetime of parliament, and hence without its authority, but even if that were contentious, negotiation for pardon while parliament remained in session was unproblematic. It was, in principle, no different from negotiating for exemption from any other act, and such negotiations were to remain a feature of all subsequent acts of attainder.
They could begin even before parliament met. A commons petition rehearses the case of five esquires who had been present with the Yorkist army at Ludford but had then made submission and been promised their lives by the king. They now wished to move the process another stage further, and the commons petitioned on their behalf that forfeiture of their lands should be remitted in return for payment of a fine and the entering of surety for future good behaviour (item 37). Henry agreed, and none of those concerned was attainted. Richard Grey, Lord Powys, Walter Devereux and Henry Radford were in a similar position, but in their case the commons felt that their land should be forfeit and they were included in the bill. They did, however, have their own paragraph setting out their position and Henry reserved judgement in the case of Grey and Devereux.
What submission could entail is recorded in Gregory's Chronicle. According to this account, Devereux and other unnamed knights and esquires had come into the king's presence 'in hyr schyrtys and halters in hyr hondys, fallynge by-fore the kynge' and received pardon of life and limb. (fn. int1459-8) Gregory seems to imply that it was the men's first approach to the king, made in response to a royal promise to pardon anyone who made personal submission within the next eight days. It is more likely that their dramatic appearance, during the parliament session in which their fate was under discussion, was a public representation of a submission already made and accepted. Gregory presents Henry's offer of pardon as his response to an appeal by the duchess of York on behalf of her husband. The duchess had only reached Coventry late on 6 December, but Devereux is already omitted from a list of those to be attainted drawn up the next day and the list ends with a note that Lord Powys had already been granted his life, although forfeiture had been passed on his goods. (fn. int1459-9) It is clear, however, that negotiations were still continuing. The list contains the names of others who were subsequently spared attainder: John Dynham, Thomas Mering, John Otter and Master Richard Fisher. Thomas lord Stanley was a more ambiguous case. He was apparently not summoned to parliament, although he was among the lords who took the oath of loyalty. Presumably he was regarded as complicit in the Yorkist action when the writs of summons went out in the aftermath of Blore Heath, but had managed to clear himself before parliament assembled. He is not mentioned in the bill of attainder, or in the Paston list, but the commons petitioned for his imprisonment and trial, backed up by a narrative of his treason (item 38). The king reserved judgement.
The parliamentary proceedings were a deliberate mix of the penal and the merciful. The duchess of York's submission did not save her husband from attainder - he never turned up and with a deadline of eight days would presumably have found it impossible to do so even had he wished. But it did earn her a grant from York's forfeited land. (fn. int1459-10) A harsher note is struck by Benet's otherwise unsupported claim that the young duke of Suffolk, who was not present, was degraded to the rank of earl because of his marriage to York's daughter. (fn. int1459-11)
The proviso in the act of attainder protecting interests in the forfeited lands claimed by anyone other than those in the field against the king allowed rival claims to be asserted. The bishop of Durham, Laurence Booth, took the opportunity to lay claim to Castle Barnard and the Beauchamp half sisters secured parliamentary approval for an inquisition into lands in Worcestershire made in 1446 (appendix items 2 and 4). The commons petitioned for the resumption of all royal grants made to anyone who had opposed the king at St Albans, Blore Heath or Ludford, and demanded that all grants made by those attainted should be forfeit to the crown (item 33). The king agreed, but the agreement seems to be a later addition to the roll and about three inches of writing after it have been entirely deleted.
Much of the remaining business of the parliament, at least as appears from the roll, could be characterised as royal housekeeping. The prince of Wales was released from the restraints imposed on his possession of the duchy of Cornwall in 1455, an exchange of land between the king and queen was authorised, and new feoffees were appointed for the duchy of Lancaster. These items run consecutively across six membranes [5-10], the last of which is largely blank, which were obviously drawn up as a single block. The next membrane is devoted to acts of royal favour towards foundations close to Henry's heart. King's College, Cambridge, which had suffered resumption in 1455, had its endowment confirmed, and Eton and Sheen also saw their interests secured.
Some other concerns were aired by the commons. Lawlessness was still an issue, and they drew up a list of notorious malefactors who should be ordered to appear before the chancellor upon pain of forfeiture or, if they had no land, of life imprisonment (item 36). The list was partly partisan, but not entirely so. They also demanded the removal from office of any sheriffs and escheators in Cheshire and Flint, and in the other Welsh counties, who held office for life (item 34). The petition was agreed by the king but promptly limited by a series of exemptions. In sharp contrast to 1455, there was no dwelling on the regime's financial problems. The lords authorised payments to the mayor and staple of Calais until full payment of the sums agreed in 1455 could be made. (fn. int1459-12) The petition of the earl of Northumberland for payment of the money due to him for keeping the Scottish border was accepted (appendix item 3) and letters patent issued. (fn. int1459-13) There was no suggestion that either payment could be problematic.
Parliament had been called for a purpose and, with a very few exceptions, business was subordinated to that. Most of the common petitions developed themes related to issues of attainder and forfeiture and none became a statute. Private petitions were introduced but do not seem to have got very far. John Bocking noted in his letter of 7 December, 'As for ony particuler materes, the parlament as yet abideth upon the grete materes of atteyndre and forfeture, and soo there be many and diverse particuler billes put jnne but noon redde ner touchyng us'. (fn. int1459-14) Royal associates were able to protect their interests by securing provisos, but, apart from those already mentioned, the only private petition known to have met with success was that of Philip Wentworth (appendix item 1), facilitated by Wentworth's close association with the royal household. Business was completed in time for Christmas and on 20 December parliament was formally dissolved by the chancellor.
Text and translation
| [p. v-345] | |
| [col. a] | |
| < PARLIAMENTUM DE ANNO TRICESIMO OCTAVO HENRICI SEXTI. > | THE PARLIAMENT OF THE THIRTY-EIGHTH YEAR OF HENRY VI. |
| ROTULUS PARLIAMENTI TENTI APUD COVENTRE, ANNO REGNI REGIS HENRICI SEXTI POST CONQUESTUM TRICESIMO OCTAVO. | THE ROLL OF THE PARLIAMENT HELD AT COVENTRY, IN THE THIRTY-EIGHTH YEAR OF THE REIGN OF KING HENRY, THE SIXTH SINCE THE CONQUEST. |
| [memb. 1] | |
| Pronunciatio parliamenti. | The opening of parliament. |
| 1. Memorandum quod die martis, vicesimo die Novembris, anno regni regis Henrici sexti post conquestum tricesimo octavo, ipso domino rege in domo capitulari prioratus Beate Marie Coventr', regali solio residente; presentibus eciam quam pluribus prelatis, proceribus et communibus regni Anglie, ad parliamentum tunc ibidem summonitum auctoritate regia convocatis; venerabilis pater Willelmus episcopus Wynton', cancellarius Anglie, causam summonicionis parliamenti predicti de mandato ipsius domini regis notabiliter declaravit; assumens pro suo themate: Gracia vobis et pax multiplicetur i o . (fn. v-345-6-1) | 1. Be it remembered that on Tuesday 20 November, in the thirty-eighth year of the reign of King Henry, the sixth since the conquest [1459], with the lord king sitting on the royal throne in the chapterhouse of the priory of the Blessed Mary of Coventry; there being also present many prelates, nobles and commons of the kingdom of England, assembled at the parliament then summoned there by royal authority; the venerable father William, bishop of Winchester, chancellor of England, by order of the lord king memorably announced the reason for summoning the aforesaid parliament, taking as his theme: 'Grace to you and peace be multiplied'. (fn. v-345-6-1) |
| Qua propter dictus cancellarius, prefatis communibus nomine regio dedit firmiter in mandatis, quod in domo eis assignata in crastino convenirent, et unum prelocutorem suum eligerent ac sic electum eidem domino regi die jovis tunc proximo futuro presentarent. Et ut justicia conqueri volentibus [posset] celerius adhiberi, idem dominus rex certos receptores et triatores peticionum in predicto parliamento exhibendarum constituit et assignavit, in forma subsequenti. | For which reason the said chancellor firmly ordered the aforementioned commons, in the king's name, to assemble on the following day in the house assigned to them, and elect one of their number as their speaker and present the man thus elected to the same lord king on the following Thursday. And so that justice might be done more swiftly to those wishing to complain, the same lord king appointed and assigned certain receivers and triers of the petitions to be presented in the aforesaid parliament, in the following form. |
| 2. Receivours des peticions d'Engleterre, Irland, Gales et Escoce: | 2. Receivers of petitions from England, Ireland, Wales and Scotland: |
| 3. Receivours des peticions de Gascoigne, et d'autres terres et paiis de par dela, et des Isles: | 3. Receivers of petitions from Gascony, and the other lands and countries overseas, and from the Channel Islands: |
| Et ceux qi voillent deliverer lour petitions les baillent par entre cy et le lunedy proscheiment ensuant. | And those who wish to submit their petitions should deliver them between now and Monday next. |
| [col. b] | |
4. Et sount assignez triours des peticions d'Engleterre, Irland, Gales et Escoce:
|
4. And the following are assigned triers of petitions for England, Ireland, Wales and Scotland:
|
| - toutz ensemble, ou sis prelates et seignours avauntditz, appellez a eux les chaunceller, tresorer et auxi les serjants du roy, quaunt y bosoignera. Et tiendront lour place en la . | - to act all together, or at least six of the aforesaid prelates and lords, consulting with the chancellor, treasurer, and also the king's serjeants, when necessary. And they shall hold their session in the . |
| 5. Et sount assignes triours des peticions de Gascoigne, et d'autres terres et paiis de par dela, et des Isles: | 5. And the following are assigned triers of petitions for Gascony, and the other lands and countries overseas, and for the Channel Islands: |
| - toutz ensemble, ou quatres des prelates et seignours avauntditz, appellez a eux les chaunceller, tresorer et auxi les serjants du roy, quaunt y bosoignera. Et tiendront lour place en le chambre a cest assigne. | - to act all together, or at least four of the aforesaid prelates and lords, consulting with the chancellor, treasurer, and also the king's serjeants, when necessary. And they shall hold their session in the chamber assigned for this. |
| Presentacio prelocutoris. | The presentation of the speaker. |
| 6. Item, die jovis tunc proximo sequenti, videlicet, tercio die parliamenti, prefati communes coram domino rege in parliamento predicto comparentes, presentaverunt domino regi, quendam Thomam Tresham pro communi prelocutore suo, de quo idem dominus rex se bene contentavit. Qui quidem Thomas, post excusacionem suam coram domino rege factam, pro eo quod ipsa sua excusacio ex parte dicti domini regis admitti non potuit, eidem domino regi humillime supplicavit, [p. v-346][col. a] quatinus omnia et singula per ipsum in parliamento predicto, nomine dicte communitatis proferenda et declaranda, sub tali posset protestacione proferre et declarare, quod si ipse aliqua sibi per prefatos socios suos injuncta aliter quam ipsi concordati fuerint, aut in addendo vel omittendo declaraverit, ea sic declarata per predictos socios suos corrigere posset et emendare, et quod protestacio sua hujusmodi in rotulo parliamenti predicti inactitaretur. Cui per prefatum dominum cancellarium de mandato domini regis extitit responsum, quod idem Thomas tali protestacione frueretur et gauderet, quali alii prelocutores hujusmodi tempore dicti domini regis ac nobilium progenitorum suorum in hujusmodi parliamentis uti et gaudere consueverunt. | 6. Item, on the following Thursday, namely the third day of parliament, the aforesaid commons appearing before the lord king in the aforesaid parliament, presented a certain Thomas Tresham to the lord king as their common speaker, with whom the lord king was well satisfied. Which Thomas, having made his excuse before the lord king, because that excuse could not be allowed by the said lord king, most humbly requested [p. v-346][col. a] that each and every thing to be proposed or announced by him in the aforesaid parliament in the name of the said commons, he might propose and announce under the protestation that if he should say anything enjoined upon him by his said colleagues other than they had agreed, either by adding or omitting matter, that what he had said might be corrected and amended by his aforesaid colleagues, and that his protestation might be enacted in this way on the roll of the aforesaid parliament. To which the aforementioned lord chancellor answered, on the order of the lord king, that the same Thomas might reap and enjoy the benefit of such a protestation, as other speakers had used and enjoyed it in such parliaments in the time of the said lord king and his noble progenitors. |
| [memb. 2] | |
| < The attayndour of Richard duke of York and others. > | The attainder of Richard, duke of York, and others. |
| 7. Memorandum quod quedam peticio exhibita fuit prefato domino regi, in presenti parliamento, sub eo qui sequitur tenore verborum: | 7. Be it remembered that a petition was presented to the aforementioned lord king in the present parliament, the tenor of which follows: |
| Please it youre highnes to calle to youre noble remembraunce, howe ye had Richard duc of York in his yong age in youre most high presence and noble court, and hym all that tyme cherisshed and favoured; and afterward at gretter age, for the love, trust and affiance that ye had in his persone, made hym youre lieutenaunt of youre realme of Fraunce and duchie of Normandie, and created his .ij. eldest sonnes erles, and graunted hym offices and grete benefettes, not oonly to hym, but also to his at contemplacion of hym, so that it coude not be thought a subget of his estate of so litell deserte, to have had more cause to have been true, obeisaunt, and diligent to serve and love his soveraigne lord then he had. These benefettis and many other that myght be reherced notwithstondyng, howe falsely and traiterously he hath acquite hym to youre highnes, ayenst God, nature, all trouth, humanite, and contrary to his ligeaunce, howe be it youre grace list not to take displeasure therof; yet it is openly knowen to youre liege people his subtill, and, savyng youre moost high reverence, his fals and traiterous ymaginacions, conspirasies, feates and diligent labours born up with colurable lies, compassed by the most unherd meanes that ever did eny subget to his soverayne lorde. | May it please your highness to call to your noble remembrance, how you had in your most high presence and noble court, Richard, duke of York, in his youth, and cherished and favoured him all that time; and later when he was older, because of the love, trust and faith that you had in his person, made him your lieutenant of your realm of France and the duchy of Normandy, and made his two eldest sons earls, and granted him offices and great benefits, not only to him, but also to his dependants at his request, so that one would not have thought that a subject of his status, deserving so little, could have had more reason to be true, obedient and diligent in serving and loving his sovereign lord, than he had. Notwithstanding these benefits, and many others which might be recited, how falsely and traitorously he has conducted himself towards your highness, against God, nature, all truth, humanity, and contrary to his allegiance, even though your grace chooses not to take displeasure in this; yet your liege people are well aware of his devious, and, saving your most high reverence, false and traitorous schemes, conspiracies, deeds and persistent efforts backed up by plausible lies, contrived by the most unheard of means that ever any subject employed against his sovereign lord. |
| < John Cade entended to have made the said duke king. > | John Cade planned to have the said duke made king. |
| 8. First, he beyng in Irland, by youre graunte youre lieutenaunt there, at which tyme John Cade, otherwise called Jakke Cade youre grete traitour, made a grete insurreccion ayenst youre highnes in youre shire of Kent. To what entent, and for whome it was, after confessed by some of hem his adherentes whan they shuld dye, < that > is to sey, < to > have exalted the seid duc, ayenst all reason, lawe and trouth, to the estate that God and nature hath ordeyned you and youre succession to be born to. And within short tyme after, he comme oute of Ireland with grete bobaunce and inordinate people, to youre paleis < of > Westmynster unto youre presence, with grete multitude of people harneised and arraide in manere of werre, and there bette downe the speres and walles in youre chambre, havyng no consideracion to youre high presence, by the which myght be understoud his disposicion; at which tyme he was answered by you to his desires and demaundes, that < it > semed to all youre true subgetts, that the spiret of wisdome of God was in you: and he so answered departed fro you than confused, and youre true liege people that herde therof it gretely rejoysed. And after this, in dyvers parliamentis, he made crafty labours and desires to the amenusyng of youre < power > and auctorite roiall, which were understoud to many of youre true people, savyng God put aswele in the hertes of youre lordes, as of youre true commons, accordyng to their duetes, to lette by all < meanes > eny thyng contrary to youre prosperite and wele, so that his malicious and traitours purpos was not [col. b] acheved. And over that, he, contynuyng in his malicious entent, by subtill meanes thought to acheve his purpos by myght, wrote letters to many citees, boroughes and tounes of this youre noble realme, and to many pryvat persones of oon estate and other, colored under a pretense of a wele to have made a common insurreccion, to thentent to have made a feld beside Dertford in the shire of Kent, ayenst you, soveraigne lord, to have distroied youre moost noble persone; but understonded by hym youre knyghtly corage and myght of youre hoost, he, beyng of noo power to withstond you, submytted hym in forme as was devised; and after was sworne, of his fre mocion and desire, in the cathedrall chirche of Seint Poule in youre citee of London, upon the blissed sacrament and used it, and upon the holy crosse, and also upon the holy evaungelies by hym touched; ye, soveraigne lord, beyng present, the cardynall than archebisshop of York, dukes, bisshops, erles and barons, fewe absent of all youre lond and people, so moche that bifore nor sithen can not be remembred so moche people at oon tyme seyne in that chirche; which othe, by hym sworn as foloweth, was subscribed with his owen hande with his signe manuell, and also sealed by hym with the seale of his armes, and so doon by his handes delyvered to you in fourme as foloweth: | 8. First, when he was in Ireland as your lieutenant there by your grant, John Cade, otherwise called Jack Cade, your great traitor, raised a great insurrection against your highness in your county of Kent. The purpose of which and for whose benefit it was, were later confessed by some of his supporters when they were about to die, that is to say, it was to exalt the said duke, against all reason, law and truth, to the estate that God and nature have ordained you and your descendants to be born to. And shortly afterwards, he came out of Ireland with a great display of force and an inordinate number of people, coming into your presence at your palace of Westminster with a great multitude of people equipped and arrayed for war, and there they broke down the screens and walls in your chamber, having no heed to your high presence, by which his disposition was revealed; on which occasion he received such an answer from you as to his requests and demands that it seemed to all your true subjects that the spirit of the wisdom of God was in you: and having been answered thus he departed from you in confusion, and your true liege people who heard of it greatly rejoiced. And after this, in various parliaments, he made crafty efforts to bring about the diminution of your power and royal authority, as was well known to many of your true people, but God put it into the hearts of your lords and your true commons that it was their duty to prevent by all means anything contrary to your prosperity and welfare, so that his malicious and traitorous purpose was not [col. b] achieved. And moreover, continuing in his malicious intention, he planned by devious means to achieve his purpose by force, and he wrote to many cities, boroughs and towns of this your noble realm, and to many individuals of one estate or another, to raise a general insurrection on the pretext of the common weal, planning to give battle to you, sovereign lord, beside Dartford in the county of Kent, and so destroy your most noble person; but when he realised your knightly courage and the might of your host, he, being unable to withstand you, surrendered on the terms appointed; and later, of his free will and desire, took an oath in the cathedral church of St Paul in your city of London upon the blessed sacrament, which he then received, and upon the holy cross, and also with his hand upon the holy gospels; you, sovereign lord, being present, with the cardinal [John Kemp] then archbishop of York, dukes, bishops, earls and barons, and few people of all your land being absent, so much so that neither before nor since can anyone remember seeing so many people at one time in that church; which oath, sworn by him as follows, was signed by his own hand with his sign manual, and also sealed by him with the seal of his arms, and this done it was delivered to you by his hands in the following form: |
| < The othe of the said duke to the kinge. > | The oath of the said duke to the king. |
| 9. I Richard duc of York, confesse and by knowe that I am and aught to be humble subget and liegeman unto you my soveraigne lord Kyng Herry the sext, and ought therfore to bere you feith and trouth, as to my soverayne and liege lord, and so shall doo all the dayes unto my lyves ende; and shall not at eny tyme will nor assent that eny thyng be attempted or doon ayenst youre moost roiall persone, but what so ever I shall have knowlege of eny such thynges ymagined or purposed, I shall with all the spede and diligens possible to me to make, that your highnes shall have knowlege þerof, and ever doo all that shall be possible to me to the withstondyng therof to the utterest of my lyf. I shall not in no wise eny thyng take upon me ayenst youre roiall estate, or the obeisaunce that is due therto, nor suffre eny other man do, as ferforth as it shall lye in my power to lette it. And also I shall comme at youre commaundement whan so ever I shalbe called by the same, in humble and obeisaunt wise, but if I be letted by sikenesse or ympotencie of my persone, or by such other causes as shalbe thought resonable to you, my soverayn lord. I shall never hereafter take upon me to gader eny rowtes or make eny assemble of youre people without youre commaundement or licence, or my laufull defence: in the interpretacion of which my laufull defence and declaracion therof, I shall report me at all tymes unto youre highnes, and if the case require unto my peres: nor eny thyng attempt by wey of faite ayenst eny of youre subgettes, of what estate, degre or condicion they bee; but whan so ever I shall fele myself wronged or greved, I shall sue humbly for remedye unto your highnes, and procede after the cours of your lawes, and in noon otherwise, sauf in myne owne laufull defence in maner abovesaid. And shall in all thyng abovesaid and other, have me unto youre highnes as an humble and a true subget ought to have hym to his soverayn lord. All these thinges abovesaid I promitte truly to observe and kepe, by the holy evangelies conteyned in this boke that I lay my hande upon, and by the holy crosse that I here touche, and by the blessed sacrament of oure lordes body that I shall nowe with his mercy receyve. And over this, I aggre me and woll, that yf I at eny tyme hereafter, as with the grace of oure lorde I never shall, eny thyng attempt, by wey of fait or otherwise, ayenst [p. v-347][col. a] youre roiall estate or obeysaunce that I ought therto, or eny thyng I take upon me, othirwise than is above expressed, I from that tyme forth be unabled to almanere wurship, estate or dignite, be it such as I nowe occupie, or eny other that myght growe unto me in eny wise. And this that I here have promitted and sworn procedeth of myne owne desire and fre volunte, and by noo constraynt nor cohercion. In witnes of all the which thynges abovewriten, I Richard duk of York abovewriten, subscribe me with myne owne hande, and seall this with myne owne seall, etc. | 9. I, Richard, duke of York, confess and acknowledge that I am and ought to be the humble subject and liegeman to you my sovereign lord King Henry VI, and ought therefore to bear you faith and truth, as to my sovereign and liege lord, and so shall I do all the days until my life's end; and I shall not at any time will or assent to anything attempted or done against your most royal person, but I shall with the greatest possible speed and diligence inform your highness of anything that comes to my knowledge concerning such schemes or intentions, so that your highness may have knowledge of them, and ever do all I can to resist them with my life. I shall not in any way undertake anything against your royal estate, or the obedience due to it, or allow any other man to do so, as far as it lies within my power to prevent it. And also I shall come at your command whenever I am called by the same, in a humble and obedient manner, unless I am prevented by sickness or by bodily weakness, or by such other causes as shall be thought reasonable by you, my sovereign lord. I shall never hereafter presume to gather a body of men or assemble your people without your command or licence, or in my lawful defence: in the interpretation of which lawful defence and in claiming it, I shall refer at all times to your highness, and if necessary, to my peers: nor shall I take action against any of your subjects, of whatever estate, degree or condition they be; but whenever I feel myself wronged or aggrieved, I shall sue humbly for remedy to your highness, and proceed according to your laws, and in no other way, except in my own lawful defence as defined above. And I shall in all the things abovesaid, and in others, conduct myself towards your highness as a humble and true subject ought to conduct himself towards his sovereign lord. All these things abovesaid I promise truly to observe and keep, by the holy gospels contained in this book upon which I lay my hand, and by the holy cross which I here touch, and by the blessed sacrament of Our Lord's body which I shall now with his mercy receive. And in addition, I agree and will that if I at any time hereafter, as with the grace of Our Lord I never shall, attempt anything, by way of deed or otherwise, against [p. v-347][col. a] your royal estate or the obedience which I owe to it, or undertake anything otherwise than described above, from that time forth I will be disqualified from all worship, estate or dignity, either that which I now occupy or any other which might come to me in any way. And what I have promised and sworn here proceeds from my own desire and free will, and from no constraint or coercion. In witness of all the things given above, I, Richard, duke of York, abovementioned, sign with my own hand, and seal this with my own seal, etc. |
| < The said duke is confedered unto Richard erle of Warr' and Richard erle of Salisbury, etc. > | The said duke allies himself with Richard, earl of Warwick, and Richard, earl of Salisbury, etc. |
| 10. And after this, the seid duk of York contynuyng in his seid malicious and traiterous purpose, confedered hym self with Richard erle of Warrewyk and Richard erle of Salesbury, to which .ij. erles ye had shewed your grace and bounteous grauntes in right ample wise; in so moche ye graunted to the erle of Warrewyk preemynence above all erles of youre londe, with other grete graces, makyng hym joynt in dyvers offices with his fadre; and to the erle of Salesbury, not oonly to be warden of youre west marches, with suerte of payement by patent, not accustumed bifore, but also made hym justice of youre forestis by yonde Trent, capitall stward [sic: read 'steward'] of youre duchie of Lancastre of all the north and over that the constabularies and maister forstership of Pountfret and Galtres, with many other both of youre croune and of youre seid duchie: in so moche that he and his had in rule all youre castelles and honourable offices, fro Trent northward; savyng the kepyng of youre castell of Knaresburgh, that Sir William Plompton hath for terme of his lyf, after whos decesse the kepyng therof was by you graunted to the seid erle of Salesbury. | 10. And afterwards, the said duke of York, continuing in his said malicious and traitorous purpose, allied himself with Richard, earl of Warwick, and Richard, earl of Salisbury, to which two earls you had most generously shown your grace in bounteous grants; inasmuch as you granted to the earl of Warwick precedence over all the earls of your land, with other great graces, allowing him to hold various offices jointly with his father; and to the earl of Salisbury you not only granted the wardenship of your west marches, with payment guaranteed by patent, not customary before, but also made him justice of your forests beyond Trent, chief steward of your duchy of Lancaster in the north, and also constable and master forester of Pontefract and Galtres, with many other offices pertaining to your crown and to your said duchy: so much so that he and his dependants had under their rule all your castles and honourable offices north of the Trent; saving the custody of your castle of Knaresborough which Sir William Plumpton has for term of his life, after whose death its custody was granted by you to the said earl of Salisbury. |
| < The said duke reysed werre against the king at Seint Albons. > | The said duke raised war against the king at St Albans. |
| 11. Yet all this notwithstondyng, and also youre high commaundement of the contrary, they assembled theym to gidre with grete multitude of people harneised, and other abillementis of werre, as gonnes and other, and come to the toune of Seint Albones in youre shire of Hertford, where ye, soverayn lord, were present and youre baner displaied there, and there they falsely and traiterously rered werre ayenst you, by the which youre roiall persone was sore hurte and in grete perell of youre lif: and also they slewe dyvers lordes of youre blode, that is to sey the duc of Somerset and the erle of Northumberlond, and the Lord Clifford, knyghtes and squiers, with other youre liege people, and many of theym hurte, robbed and dispoilled. And the hurtyng of youre moost roiall persone can never oute of the hertes of youre true liege people. < Neverthelesse, soverayn lord, ye, preferryng mercy bifore justice, for pacificacion of youre roialme, and > in especially atte reverence of God, auctor of peas and fadre of mercy, toke such meanes in that bihalf, that they stode as bifore under youre proteccion and lawes; and for there shuld not growe a gretter inconvenience therof, ye gaf in commaundement to certayne of youre prelates and lordes of youre blode that they by the counseill of youre jugges shuld in youre bihalf labour the meanes of parfit accorde, bitwene these moost unkynde duc and erles of Warrewyk and Salesbury on that oon partie, and the duc of Somerset, the erle of Northumberlond and the Lord Clifford on that other partie; whos faders there in youre presence for their trouth were slayne, in perpetuell recommendacion of theym; so that fynall tranquillite and rest myght have ensued, and unyte in the hertes of youre lordes, to verray obeisaunce of God and you. In accomplisshment wherof ye come to your paleis of Westm', and there by the aggrement of the seid parties solempnely gave a decre and laude betwene theym at that tyme, to the grete rejoisyng of youre people. Forthermore, soverayne lord, [col. b] like it youre highnes to remembre, howe at youre citee of Coventre, in youre grete counseill holden there, after dyvers rehercels by youre chaunceller of Englond in youre moost high presence made to the seid duc of York; the duc of Bukyngham, on the bihalf of the lordes temporell, reherced full notably to make the seid duc of York to understonde of what demeanyng he had been, and lete hym witte that he had no thyng to lene to, sauf oonly youre grace, as more playnly is conteyned in an acte therof made. | 11. Yet notwithstanding all this and also your order to the contrary, they gathered themselves together with a great multitude of people in arms and other military equipment, like guns and other such things, and came to the town of St Albans in your county of Hertford, where you, sovereign lord, were present with your banner displayed, and there they falsely and traitorously waged war against you, whereby your royal person was badly hurt and your life in great danger: and they also slew various lords of your blood, namely the duke of Somerset and the earl of Northumberland, and the Lord Clifford, with knights and esquires and others of your liege people, and hurt, robbed and despoiled many of them. And the harming of your most royal person can never be forgotten by your true liege people. Nevertheless, you, sovereign lord, preferring mercy before justice, for the pacification of your realm, and especially at the reverence of God, the author of peace and father of mercy, pursued such a course in that matter that they remained under your protection and laws; and so that greater trouble should not ensue, you ordered certain of your prelates and lords of your blood to strive on your behalf, with the advice of your judges, to bring about a perfect accord between the most unnatural duke and the earls of Warwick and Salisbury on the one hand, and the duke of Somerset, the earl of Northumberland and Lord Clifford on the other, whose fathers in your presence were slain there for their truth, to their everlasting credit; so that final tranquillity and rest might have resulted and united the hearts of your lords, in true obedience to God and you. To accomplish this you came to your palace of Westminster, and there by the agreement of the said parties solemnly made a decree and judgment between them at that time, to the great rejoicing of your people. Furthermore, sovereign lord, [col. b] may it please your highness to remember, how at your city of Coventry, in your great council held there, after your chancellor of England in your most high presence had reminded the said duke of York of what had passed; the duke of Buckingham, on behalf of the lords temporal, in a memorable speech reminded the said duke of York of the nature of his conduct, and gave him to understand that he had nothing on which to rely, save only your grace, as is contained more fully in an act made on this. |
| 12. And there and than the seid duc of Bukyngham, and all other lordes, knelyng on ther knees bisought you, seyng the grete jupartie for youre moost noble persone, and also the lordes so often charged, and inquietyng so often the grete parte of youre realme, that it shuld not lyke you to shewe the seid duc of York, nor noon other hereafter, grace, if they attempted eftsones to doo the contrary to youre roiall estate, or inquietyng of youre realme and the lordes therof, but to be punysshed after their deserte, and have as they deserved, aswell for the suerte of you, soverayne lord, as the generall suertee of all youre lordes and people: to which it lyked you then to sey, that ye wuld so doo, the seid duc of York at the same tyme beyng present. Also it was enacted there, that no lord shuld attempt by wey of fayt ayenst other, but in that he felde hym greved he shuld compleyne hym unto youre highnes and to youre lawes, and by that meane have redresse and in noon otherwise, with more as is conteyned in the same acte. The seid duc of York there swore on the holy evaungelies, and signed the acte with his hande, and semblably the seid erle of Warrewyk there swore and signed the same acte; copies of which actes to this bille been annexed. It is also to be remembred, after the graces and pardons by you given to this moost unkynde duc of York, the erle of Warrewyk, and the erle of Salesbury, howe they laboured and devised the mervelous acte of parlement to be made, for the execrabill and moost detestable dede by theym doon at Seint Albones aforeseid: (fn. v-345-49-1) yet that youre subgettis shuld thynk ye called no thyng to mynde of tyme passed, youre high grace made the seid erle of Warrewyk captaigne of youre toune and castell of Caleis and of the marches there, in as ample fourme as had eny of your uncles or eny other prynce or lorde that ever was captaigne there. And over this, graunted the same erle to have governance and rule of the see, and named hym youre grete captaigne of the see; and to the sustentacion of this charge graunted hym all the tonnage and pondage bilongyng to you in eny wise, with .m.li. by yere, to be taken by the handes of youre receyvour of the londes and tenementes of youre seid duchie of Lancastre, beyng in feoffement. |
[York submits to the king.] 12. And then and there the said duke of Buckingham and all the other lords, kneeling, prayed you that because of the great danger to your most noble person, and the frequent burden on the lords, and the frequent disturbance of a great part of your realm, it might please you not to show grace to the said duke of York, or anyone else hereafter, if they should again attempt to act against your royal estate, or bring about the disturbance of your realm and of its lords, but that they be punished as they deserve and receive their just desserts, both for your security, sovereign lord, and for the general security of all your lords and people: to which it pleased you then to say that you would do so, the said duke of York being present at the time. Also it was enacted there that no lord should take action against another, but if he felt aggrieved he should appeal to your highness and to your laws, and have redress by those means and in no other way, with more contained in the same act. The said duke of York swore on the holy gospels there, and signed the act with his hand, and similarly the said earl of Warwick swore and signed the same act there; copies of which acts have been attached to this bill. It is also to be remembered, after the graces and pardons given by you to this most unnatural duke of York, the earl of Warwick and the earl of Salisbury, how they worked to bring about the appalling act of parliament concerning the execrable and most detestable deed done by them at St Albans aforesaid: (fn. v-345-49-1) but so that your subjects should think that you were prepared to forget what had passed, your high grace made the said earl of Warwick captain of your town and castle of Calais and of the marches there, as fully as any of your uncles or any other prince or lord that was ever captain there. And moreover, you granted the same earl the governance and rule of the sea, and appointed him your great captain of the sea; and to support this charge you granted him all the tonnage and poundage belonging to you in any way, together with £1,000 a year, to be taken by the hands of your receiver from the enfeoffed lands and tenements of your said duchy of Lancaster. |
| 13. These thynges thus reherced to youre highnes, beside many other benefettis and graces to theym doon, the moost diabolique unkyndnesse and wrecched envye in theym, and moost unresonable appetite of such estate as of reason ought not to be desired nor had by noon of theym, nor to noon erthely creature but to you alone and to youre succession, in which oure lord of his grace conserve it to the ende of the world. And on the other bihalf, their grete grauntes and benefettis to hem doon wold have constrayned of reason eny reosonable man to have loved, served, and doon the uttermost that coude have be thought in his power to hym that had so avaunced and preferred hym, and moost singulerly his soverayne lord by whom he myght moost be worshipped, by which had shewed such bountees and magnificences to hem, and spared her mervelous offences so often doon, and venquised ther malice but oonly with mercy: and it is not to be forgeten the othe and suerte that the erle of Warrewyk made, signet of his hand and sealed with his seale; the copie of wherof is annext herto. Also to [p. v-348][col. a] remembre of a nother othe and suerte swore, and signed of the seid duc of Yorks hande, and sealed, of true and feithfull obeisaunce to you and youre succession, the which remayneth of record in youre tresorie, as more largely it appereth in hem. And after these thinges doon, youre highnes trustyng that tranquillite and due obeisaunce on the part of the same duc of York, and erles of Warrewyk and Salesbury, shuld have folowed, sent for theym dyvers tymes to come to youre counseils, the which they disobeyed, and fayned pretenced excuses of frivolous bisynesse, and yet by youre highnes accepted, under which they enriched theymself by youre yiftes and grauntes, contynuyng in their purpensed malicious and dampnable opynions and fals and traiterous desires, of newe yet falsely and traiterously conspired and sought the tyme and meanes of accomplishment of their insaciat wille and desire, of destruccion of you, soverayne lord, the quene oure soverayne lady, and youre succession, and of such of the lordes of youre land, as coude be thought by theym to abyde the uttermost jupartie of their lyves with you, contrarie to their opynyon; and albeit that the seid duc of York and the erles of Warrewyk and Salesbury were ferre in sondry places unto the tyme by theym appoynted, to thentent it shuld lesse have been understoud, [memb. 3] and that lightlyer < they myght have acheved > their fals and traiterous purpose, after remoevyng of the erle of Salesbury, howe soon the erle of Warrewyk come from Caleis, not sparyng nor havyng no reward [sic: read 'regard'] of the suerte of youre toune and marches there, to take the grete nombre of ye souldeours of the same toune with hym, was assembled with the duc of York and the erle of Salesbury, by the which it sheweth clerely ynowe their purpose all oon in their fals treson, as by the conclusion of their werkes it appereth evydently. |
[Persistence of the duke of York in wrongdoing.] 13. These things thus described to your highness, besides many other benefits and graces shown to them, demonstrate their most diabolical inhumanity and wretched envy and their most unreasonable craving for an estate that by right ought not to be desired or had by any of them, or by any earthly creature but you alone and your descendants, in which may Our Lord of his grace conserve it until the end of the world. And yet the great grants and benefits given them would surely have obliged any reasonable man to love, serve and do everything that could be thought to lie within his power for him who had so advanced and promoted him, and especially when it was his sovereign lord, to whom he owed the greatest reverence, who had shown such bounty and generosity to him, and spared his appalling offences committed so often, and overcome his malice by mercy alone: and there must not be forgotten the oath and surety which the earl of Warwick made, signed with his hand and sealed with his seal; the copy of which is attached to this. And [p. v-348][col. a] remember another sworn oath and surety, signed and sealed by the said duke of York's hand, of true and faithful obedience to you and your descendants, which remains on record in your treasury, and appears at greater length there. And after these things had been done, your highness, trusting that tranquillity and due obedience on the part of the same duke of York and earls of Warwick and Salisbury would follow, sent for them at various times to come to your councils, which they disobeyed, and they made up false excuses of trivial business, which were, however, accepted by your highness, whereby they enriched themselves by your gifts and grants while continuing in their premeditated malice and damnable opinions and in their false and traitorous desires, and yet again falsely and traitorously conspired, seeking the time and means to accomplish their insatiable will and desire and to destroy you, sovereign lord, the queen our sovereign lady, and your descendants, and such lords of your land as they considered would, unlike them, risk their lives for you; and although the said duke of York and the earls of Warwick and Salisbury remained at a distance from each other until the appointed time, so that their false and traitorous pupose might be less suspected [memb. 3] and thereby the more easily achieved, once the earl of Salisbury had made a move, how soon the earl of Warwick came from Calais, not hesitating, having no regard for the security of your town and marches there, to take most of your soldiers of the same town with him, and joined forces with the duke of York and the earl of Salisbury, by which their purpose was revealed as all of a piece with their false treason, as is obvious from the outcome. |
| 14. For though it be soo they had purposed to have come to Kyllyngworth, thyngyng ye shuld not have knowlege bifore, but sodenly have fulfilled their traiterous entent; ye by youre true subgettis, litle bifore the erle of Salesburies departyng from the castell of Middelham in youre counte of York hiderward, ye of youre knyghtly corage withoute delaye toke the felde, with such of youre lordes as than was nygh aboute you, and in pryncely manere with grete celerite spedde the journay toward the parties that the seid erle of Salesbury drue and entended to come to, which caused hym to dyverte from his first enterprise and purpose, and to take another wey to assemble with the seid duc of York and erle of Warrewyk, that their commyng to gider myght make a myghtyer felde. |
[War levied against the king.] 14. For although they had planned to come to Kenilworth, assuming that you would not have had prior warning but they could take you by surprise and fulfill their traitorous intention; you [were warned] by your true subjects a short while before the earl of Salisbury set off in your direction from the castle of Middleham in your county of York, and of your knightly courage you took the field without delay with those of your lords who were then about you, and in a princely manner with great speed you hastened towards the region upon which the earl of Salisbury was advancing, which caused him to depart from his original plan, and take another route to meet with the said duke of York and the earl of Warwick, so that their coming together might make a mightier army. |
| 15. In which progresse the seid erle of Salesbury, and Thomas Nevill, John Nevill, knyghtes, sonnes to the seid erle of Salesbury, Thomas Harryngton knyght, John Conyers knyght, Thomas Parre, knyght, William Stanley, squier, sonne to Thomas late Lord Stanley, and Thomas Meryng, late of Tong in the shire of York, squier, accompanyed with grete multitude of people, to the nombre of of .v. mille persones and moo, arraied in manere of werre, with their standardes displaied, entendyng to destroye youre moost roiall persone, the Sonday next after the fest of Seint Mathewe thapostle, the .xxxviij. th yere of youre moost gracious reigne, at Blore in youre shire of Stafford, in the feldes of the same toune called Bloreheth, falsely and traiterously rered werre ayenst you, and than and there in accomplishment of their fals and traiterous purpose, slough James Lord Audeley, and many other knyghtes and squiers, and other youre liege people, and more despite didde, many of their throtes cutte, which were sent thider by your commaundement to resiste the fals and traiterous purpose of the erle of Salesbury, and also toke John Lord Dudley and other dyvers knyghtes and squiers prisoners, send thider also by youre commaundement; youre highnes [col. b] ever as hastely as it coude be thought folowed, not sparyng for eny ympedyment or difficulte of wey, nor of intemporance of wedders, jupartie of youre moost roiall persone, and contynuance of labours .xxx. dayes or thereaboutes, not to rest eny oon day where ye were another sauf oonly on the sondayes, and somtyme as the case required logged in bare feld somtyme two nyghtes to gider with all youre host in the colde season of the yere. As moost Cristen prynce whos clemens is to be noted whiles the world endureth, ye havyng compassion of youre people thus blynded by the forseid duc of York and erles of Warrewyk and Salesbury, made youre proclamacion of grace in youre host, to all theym beyng with the same duc and erles that wold depart from theym; and sent unto the same duc of York and erle of Warrewyk that ye wold give hem pardon and grace of their lyves, liflode and goodes, and not oonly to theym, but to all the people there with theym assembled, yf they wold take youre grace and humbly desire it within .vi. dayes next after the seid proclamacion made; except a fewe persones proclaymed after the deth of the Lord Audeley; which was notified to theym by youre high commaundement, by herauldes of armes, by writyng signed with youre hande, to the more auctorisyng of youre seid proclamacion; to the which the same duc and erles toke no consideracion, but abode still in their fals and traiterous purpose. |
[The battle of Blore Heath.] 15. In which progress the said earl of Salisbury with Thomas Neville, John Neville, knights, sons of the said earl of Salisbury, Thomas Harrington, knight, John Conyers, knight, Thomas Parre, knight, William Stanley, esquire, son of Thomas, late Lord Stanley, and Thomas Meryng, late of Tong in the county of York, esquire, accompanied by a great multitude of people, numbering five thousand or more, arrayed for war, with their standards displayed, intending to destroy your most royal person, on the Sunday after the feast of St Matthew the apostle, in the thirty-eighth year of your most gracious reign [23 September 1459], at Blore in your county of Stafford, in the fields of the same town called Blore Heath, falsely and traitorously raised war against you, and in accomplishing their false and traitorous purpose then and there slew James, Lord Audley, and many other knights and esquires, and others of your liege people, and did more besides, cutting the throats of many of those who had been sent there by your command to resist the false and traitorous purpose of the earl of Salisbury, and they also took John, Lord Dudley, and various other knights and esquires prisoner, who had also been sent thither by your command. Your highness always [col. b] followed as swiftly as you could, not deterred by any obstruction or difficulty in the way, or by any bad weather, danger to your most royal person, or by the fact that this lasted for about thirty days, with you not resting two nights in the same place except on Sundays, and sometimes when necessary you camped in a bare field, sometimes two nights in a row, together with all your host, in the cold season of the year. As a most Christian prince whose clemency is to be noted as long as the world endures, having compassion for your people thus blinded by the aforesaid duke of York and earls of Warwick and Salisbury, you proclaimed your grace in your host, to all those accompanying the same duke and earls who would leave them; and you sent word to the same duke of York and earl of Warwick that you would give them pardon and grace of their lives, livelihood and goods, and not only them, but all the people in their company, if they would accept your grace and humbly ask for it within six days of the said proclamation being made; except a few persons proclaimed after the death of the Lord Audley; of which they were informed by your high commandment, by heralds of arms, by writing signed with your hand, lending your said proclamation greater authority; to which the same duke and earls paid no attention, but continued in their false and traitorous purpose. |
| 16. And the Friday, in the vigill of the fest of the translacion of Seint Edward kyng and confessour, the .xxxviij. th yere of youre moost noble reigne, at Ludeford in the shire of Hereford, in the feldes of the same, the seid Richard duc of York, Edward erle of Marche, Richard erle of Warrewyk, Richard erle of Salesbury, Edmond erle of Rutlond, John Clynton Lord Clynton, John Wenlok, knyght, James Pykeryng, knyght, the seid John Conyers and Thomas Parre, knyghtes, John Bourghchier, Edward Bourgchier, squiers, nevues to the seid duc of York, Thomas Colt late of London, gentilman, John Clay late of Chesthunt in the shire of Hertf', squier, Roger Eyton late of Shrouesbury in Shropshire, squire, and Robert Boulde, brother to Herry Boulde, knyght, with other knyghtes and people, such as they had blynded and assembled by wages, promyses and other exquisite meanes, brought in certeyn persones bifore the people, to swere that ye were decessed, doyng masse to be said and offeryng, all to make the people the lesse to drede to take the feld. |
[Encampment at Ludford.] 16. And on the Friday, the vigil of the feast of the translation of St Edward, king and confessor, in the thirty-eighth year of your most noble reign [12 October 1459], at Ludford in the county of Hereford, in the fields of the same, the said Richard, duke of York, Edward, earl of March, Richard, earl of Warwick, Richard, earl of Salisbury, Edmund, earl of Rutland, John Clinton, Lord Clinton, John Wenlock, knight, James Pickering, knight, the said John Conyers and Thomas Parre, knights, John Bourchier and Edward Bourchier, esquires, nephews of the said duke of York, Thomas Colt, late of London, gentleman, John Clay, late of Cheshunt in the county of Hertford, esquire, Roger Eyton, late of Shrewsbury in Shropshire, esquire, and Robert Boulde, brother to Henry Boulde, knight, with other knights and people whom they had blinded and brought together by wages, promises and other carefully calculated methods, brought certain persons before the people to swear that you were dead, causing mass to be said and attending it, all to make the people less afraid to give battle. |
| 17. Neverthelesse after exortacion to all the lordes, knyghtes and nobley in youre host, made by youre owne mouth in so witty, so knyghtly, so manly, in so comfortable wise, with so pryncely apporte and assured maner, of which the lordes and the people toke such joye and comfort that all their desire was oonly to hast to fulfill youre corageous knyghtly desire, albe the ympedyment of the weyes and streitnesse, and by lette of waters, it was nygh evyn or ye myght come to take grounde covenable for youre felde, displaied youre baners, raunged youre batailles, pighted youre tentes. They beyng in the same feldes the same day and place, traiterously raunged in bataill, fortefied their chosen ground, their cartes with gonnes sette bifore their batailles, made their escarmysshes, laide their enbusshmentes there sodenly to have taken the avauntage of youre host. |
[The king's preparations.] 17. After making a speech to all the lords, knights and nobles in your host in so witty, so knightly, so manly and so cheering a style, with such a princely bearing and assured manner, in which the lords and people took such joy and comfort that their only desire was to hasten the fulfilment of your courageous knightly wish; because the ways were obstructed and narrow, and blocked by water, it was nevertheless nearly evening before you could take up a suitable position for battle, display your banners, place your divisions and pitch your tents. They being in the same fields on the same day and place, traitorously placed their troops, fortified their chosen ground, set carts with guns in front of their troops, made skirmishes and laid their ambushes there to take your army unawares. |
| 18. And they entendyng the destruccion of youre most noble persoon, the same Friday and toune, in the feld there falsely and traiterously rered werre ayenst you, and than and there shotte their seid gonnes, and shotte aswele at youre most roiall persone, as at youre lordes and people with you than and there beyng. But God in whos handes the hertes of kynges been, made to be knowen that they whos hertes and desires were oonly sette to untrouth, falsenesse and cruelte, subtily coloured, and feyned zelyng justice, ment the grettest falsenes and treason, most ymmoderate [p. v-349][col. a] covetise that ever was wrought in eny realme: in so moche that by Robert Radclif, oon of the felauship of the seid duc of York and erles of Warrewyk and Salesbury, it was confessed at his dying, that both the coroune of Englond and duchie of Lancastre they wold have translated at their wille and pleasure. |
[The duke of York gives battle.] 18. And they, intending the destruction of your most noble person, on the same Friday and in the same town, falsely and traitorously raised war against you in the field there, and fired their said guns then and there, and fired at your most royal person, as well as at your lords and people then and there with you. But God, in whose hands are the hearts of kings, caused it to be known that they whose hearts and desires were only intent on untruth, falseness and cruelty, under the sly pretence of a feigned zeal for justice, meant the greatest falseness and treason, and the most immoderate [p. v-349][col. a] greed which ever was wrought in any realm: in that Robert Radcliffe, one of the fellowship of the said duke of York and the earls of Warwick and Salisbury, confessed at the point of death that they would have translated both the crown of England and the duchy of Lancaster at their will and pleasure. |
| < The said duk and erles fledde into Wales. > | The said duke and earls fled into Wales. |
| 19. But Almyghty God, that seth the hertes of people, to whome is nothyng hidde, smote the hertes of the seid duc of York and erles sodenly from that most presumptuouse pryde to the most shamefull falle of cowardise that coude be thought, so that aboute mydnyght than next suyng they stale awey oute of the felde, under colour they wold have refresshed theym awhile in the toune of Ludlowe, levyng their standardes and baners in their bataill directly ayenst youre feld, fledde oute of the toune unarmed, with fewe persones into Wales; understondyng that youre people hertes assembled was blynded by theym afore, were the more partie converted by Goddes inspiracion to repent theym and humbly submytte theym to you, and aske youre grace, which so didde the grete part; to whome, at Oure Lordes reverence and Seint Edward, ye ymparted largely youre grace. But, soverayne lord, it is not to be thought, but they and it had been possible to theym by eny meane, their wille was to have accomplisshed their cruell, malicious and traiterous entent, to the fynall destruccion of youre moost roiall persone. And to shewe forthermore the contynuance of their moost detestable fixed traiterous purpose and desire, ayenst you, soveraine lord, and youre mageste roiall, and the wele of youre realme and subgettes, some of theym been arryved in youre toune of Caleis, wherby the toune stondeth in jupartie, aswele as all the goodes of all youre marchauntes beyng of the staple there. | 19. But Almighty God, who sees into the hearts of people and from whom nothing is hidden, suddenly struck the hearts of the said duke of York and earls from that most presumptuous pride into the most shameful cowardice imaginable, so that at about midnight that night they stole away from the field, under the pretence that they wished to refresh themselves awhile in the town of Ludlow, leaving their standards and banners displayed directly opposite your positions, and fled out of the town unarmed with a few persons to Wales; realising that the hearts of your people raised by them, blinded by them previously, had for the most part been converted by God's inspiration to repent and humbly submit themselves to you, and ask your grace, which most of them did; to whom you freely imparted your grace, at the reverence of Our Lord and St Edward. But, sovereign lord, it must not be thought that had it been at all possible they would have wished anything other than to accomplish their cruel, malicious and traitorous intention, to the complete destruction of your most royal person. And furthermore to demonstrate the continuance of their most detestable fixed traitorous purpose and desire against you, sovereign lord, and your royal majesty, and the weal of your realm and subjects, some of them have arrived in your town of Calais, whereby the town is in danger, as are the goods of all your merchants of the staple there. |
| < Reysing of werre against the king at Blore. > | The raising of war against the king at Blore. |
| 20. Wherfore please it youre highnes, these premisses considered, by the advise and assent of youre lordes spirituelx and temporelx, and of youre communes, in this youre present parlement assembled, and by the auctorite of the same, to ordeyne, establissh and enact that the seid Richard erle of Salesbury, Thomas Nevill, John Nevill, Thomas Haryngton, John Conyers, Thomas Parre, William Stanley and Thomas Meryng, for their seid traiterous reryng of werre ayenst youre highnes at the seid toune of Blore, in the feld of the same toune cleped Bloreheth, in the forme afore reherced; and also that the seid Richard duc of York, Edward erle of Marche, Richard erle of Warrewyk, Richard erle of Salesbury, Edmond erle of Rutlond, John Clynton Lord Clynton, John Wenlok, James Pykeryng, John Conyers, Thomas Parre, John Bourgchier, Edward Bourgchier, Thomas Colt, John Clay, Roger Eyton and Robert Boulde, for their said traiterous reryng of werre ayenst youre seid moost noble persone at Ludeford afore specified, in the feldes of the same, in forme afore reherced, be reputed, taken, declared, adjugged, demed and atteynted of high treson, as fals traitours and enemyes ayenst youre moost noble persoon, high mageste, croune and dignitee. | 20. Wherefore may it please your highness, considering the foregoing, by the advice and assent of your lords spiritual and temporal, and of your commons, assembled in this your present parliament, and by authority of the same, to ordain, decree and enact that the said Richard, earl of Salisbury, Thomas Neville, John Neville, Thomas Harrington, John Conyers, Thomas Parre, William Stanley and Thomas Meryng, for their said traitorous raising of war against your highness at the said town of Blore, in the field of the same town called Blore Heath, in the manner described above; and also that the said Richard, duke of York, Edward, earl of March, Richard, earl of Warwick, Richard, earl of Salisbury, Edmund, earl of Rutland, John Clinton, Lord Clinton, John Wenlock, James Pickering, John Conyers, Thomas Parre, John Bourchier, Edward Bourchier, Thomas Colt, John Clay, Roger Eyton and Robert Boulde, for their said traitorous raising of war against your said most noble person at the aforementioned Ludford, in the fields of the same, in the manner described above, be reputed, taken, declared, adjudged, deemed and attainted of high treason, as false traitors and enemies to your most noble person, high majesty, crown and dignity. |
| 21. And forasmoch as Aleyse the wyf of the seid Richard erle of Salesbury, the first day of August, the yere of youre moost noble reigne .xxxvij. th , at Middelham in youre shire of York, and William Oldhall knyght, and Thomas Vaghan late of London squier, at London, in the parissh of Seint Jame at Garlikhithe, in the warde of Quenehithe, the fourth day of Jule, the same yere, falsely and traiterously ymagyned and compassed the deth and fynall destruccion of you, soverayne lord; and in accomplisshment and executyng therof, the seid Aleise, at Middelham aforeseid the seid first day of August, and the seid William Oldhall and Thomas Vaghan, at London, in the seid parissh and warde, the seid fourth day of Jule, [col. b] traiterously labored, abetted, procured, stered and provoked the seid duc of York, and the seid erles of Warrewyk and Salesbury, to doo the seid tresons, rebellions, gaderynges, ridynges and reryng of werre ayenst youre moost roiall persone, at the seid toune of Blore and Ludeford: to ordeyne and establissh, by the seid auctorite, that the same Aleise, William Oldhall and Thomas Vaghan for the same be reputed, taken, demed, adjugged and atteinted of high treson. |
[Other persons attainted.] 21. And inasmuch as Alice the wife of the said Richard, earl of Salisbury, on the said 1 August, in the thirty-seventh year of your most noble reign [1459], at Middleham in your county of York, and William Oldhall, knight, and Thomas Vaughan, late of London, esquire, at London, in the parish of St James Garlickhithe, in the ward of Queenhithe, on 4 July in the same year, falsely and traitorously schemed and plotted the death and final destruction of you, sovereign lord; and to achieve this and bring it about, the said Alice, at Middleham aforesaid on the said 1 August, and the said William Oldhall and Thomas Vaughan, at London in the said parish and ward, on the said 4 July, [col. b] traitorously worked upon, abetted, instigated, prompted and provoked the said duke of York and the said earls of Warwick and Salisbury to commit the said treasons, rebellions, gatherings, ridings and raising of war against your most royal person at the said town of Blore and Ludford: to ordain and decree, by the said authority, that the same Alice, William Oldhall and Thomas Vaughan be reputed, taken, deemed, adjudged and attainted of high treason for the same. |
| 22. And that they and everich of theym, forfaite from theym and their heires, by the same auctorite, all their estates, honoures and dignitees, which they or eny of theym hath within this youre realme of Englond, and within Wales and Ireland. And that the seid duc of York, erles of Marche, Warrewyk, Salesbury and Rutland, John Clynton Lord Clynton, Thomas Nevill, John Nevill, Thomas Haryngton, John Wenlok, James Pykeryng, John Conyers, Thomas Parre, John Bourgchier, Edward Bourgchier, William Stanley, Thomas Meryng, Thomas Colt, John Clay, Roger Eyton, Robert Boulde, Aleise, William Oldhall and Thomas Vaghan forfaite to youre highnes, from theym and their heires for ever, all honoures, castels, lordships, manoirs, londes, tenementes, rentes, reversions, annuitees, offices, fees, advousons, fee-fermes, enheritaunces and other possessions that they or any of theym, or any other to their use, or to the use of any of theym joyntly or severally, haven or had in fee symple or fee taille, within this youre realme of Englond, and within Wales and Irelond, or in youre toune of Caleis, and in the marches there, and in the iles of Gersey and Garneseye, the seid Friday or any tyme sithens, from theym, their heires and assignes for ever: and all goodes and catelles that they or any of theym, or any other to their use, or to the use of any of theym hath: and that they and everyche of theym be disabled for ever to have or enjoye any enheritaunce in any wise hereafter within this < youre seid realme of > Englond, and within Wales and Ireland, and in youre toune of Caleis, and in lyke wise their heires, and the heires of everyche of theym, to be disabled for ever to have or enjoye eny enheritaunce, < by theym or eny of theym. > |
[Their estates forfeited.] 22. And that they and each of them forfeit from themselves and their heirs, by the same authority, all their estates, honours and dignities, which they or any of them have within your realm of England, and within Wales and Ireland. And that the said duke of York, the earls of March, Warwick, Salisbury and Rutland, John Clinton, Lord Clinton, Thomas Neville, John Neville, Thomas Harrington, John Wenlock, James Pickering, John Conyers, Thomas Parre, John Bourchier, Edward Bourchier, William Stanley, Thomas Meryng, Thomas Colt, John Clay, Roger Eyton, Robert Boulde, Alice, William Oldhall and Thomas Vaughan, forfeit to your highness, from themselves and their heirs forever, all honours, castles, lordships, manors, lands, tenements, rents, reversions, annuities, offices, fees, advowsons, fee-farms, hereditaments and other possessions that they or any of them, or anyone else to their use, or to the use of any of them jointly or individually, have or had in fee-simple or fee-tail, within this your realm of England, and within Wales and Ireland, or in your town of Calais, and in the marches there, and in the isles of Jersey and Guernsey, on the said Friday or at any time since, from them, their heirs and assigns forever: and all the goods and chattels that they or any of them, or anyone else to their use, or to the use of any of them, have: and that they and each of them be rendered unable forever to have or enjoy any inheritance in any way hereafter within this your said realm of England, and within Wales and Ireland, and in your town of Calais, and likewise their heirs, and the heirs of each of them, are to be rendered unable forever to have or enjoy any inheritance, by them or any of them. |
| 23. < And forasmoche as Richard Gray Lord Powes, Waltier Devereux, squier, and Herry Radford, > knyght, the seid Friday, at Ludford afore reherced, in the feld there with the seid duc and erles, entendyng the destruccion of youre moost roiall persone, than and there falsely and traiterously rered werre ayenst you with the same duc and erles, in forme afore reherced; all this notwithstondyng, in as moche as the seid Richard Gray, Waltier Devereux and Herry Radford, after the seid departier of the same duc of York and erles from the seid feld, come to youre high presence and humbly besought youre highnes of mercy and grace for their seid offences; ye then, moeved with mercy and pitee, of youre benigne grace graunted theym their lyves, reservyng to youre roiall mageste almanere of forfaitures that to you shuld belong or apperteyne bycause of the same tresons, yf they had been atteynted therof. And therupon to ordeyne, establissh and enacte, by the seid auctorite, that the seid Richard Gray, Waltier Devereux and Herry Radford forfaite to youre highnes for the seid offence, fro theym and their heires for ever, almanere honoures, castels, lordships, manours, londes, tenementes, rentes, reversions, annuitees, offices, fees, advousons, feefermes, enheritaunces and all other possessions that they or any of theym, or eny other to their use, or to the use of any of theym joyntly or severally, haven or had in fee symple, fee taill or terme of lyf, within this youre realme of Englond, and within Wales and Irlond, and in youre toune of Caleys, and marches and iles, the seid Friday or eny tyme sithen, fro theym, their heires and assignees for ever: and all goodes and catelles, [p. v-350][col. a] that they or eny of theym, or eny other to their use, or to the use of eny of theym have or hath; savyng to theym their lyves, accordyng to youre seid grace by youre highnes to theym yeven. |
[Some pardoned.] 23. And forasmuch as Richard Grey, Lord Powys, Walter Devereux, esquire, and Henry Radford, knight, on the said Friday, at the abovementioned Ludford, in the field there with the said duke and earls, intending the destruction of your most royal person, then and there falsely and traitorously raised war against you with the same duke and earls, in the manner previously described; notwithstanding all this, inasmuch as the said Richard Grey, Walter Devereux and Henry Radford, after the said departure of the same duke of York and earls from the said field, came into your high presence and humbly besought your highness for mercy and grace for their said offences; you then, prompted by mercy and pity, of your kindly grace granted them their lives, reserving to your royal majesty all the forfeitures which should have belonged or pertained to you because of the same treasons if they had been attainted for the same. And thereupon to ordain, decree and enact, by the said authority, that the said Richard Grey, Walter Devereux and Henry Radford forfeit to your highness for the said offence, from them and their heirs forever, all the honours, castles, lordships, manors, lands, tenements, rents, reversions, annuities, offices, fees, advowsons, fee-farms, hereditaments and all other possessions that they or any of them, or anyone else to their use, or to the use of any of them jointly or individually, have or had in fee-simple, fee-tail or for term of life, within this your realm of England, and within Wales and Ireland, and in your town of Calais, and the marches and Channel Islands, on the said Friday or at any time since, from them, their heirs and assigns forever: and all the goods and chattels [p. v-350][col. a] that they or any of them, or anyone else to their use, or to the use of any of them have or has; saving to them their lives, according to your said grace given to them by your highness. |
| < Proviso for feoffments to other men's uses. > | Proviso for enfeoffments to other men's uses. |
| 24. Provided alwey that this acte of forfaiture extend not to eny honoures, castels, lordships, manoirs, londes, tenementes, rentes, reversions, annuitees, offices, fees, advousons, fee fermes, enheritaunces and other possessions the which the seid duc of York, erles of Marche, Warrewyk, Salesbury, Rutland, and John Clynton Lord Clynton, Thomas Nevill, John Nevill, Thomas Haryngton, John Wenlok, James Pykeryng, John Conyers, Thomas Parre, John Bourgchier, Edward Bourgchier, William Stanley, Thomas Meryng, Thomas Colt, John Clay, Roger Eyton, Robert Bould, Aleise, William Oldhall, Thomas Vaghan, Richard Gray Lord Powes, Waltier Devereux and Herry Radford, or eny of theym, were seised or possessed the seid Friday severally or joyntly, with theym self or eny of theym, or with eny other persone or persones, by fyne, feoffement or graunt made to theym or eny of theym of trust, jointly or severally, to the use of eny other persone or persones, or to performe the wille of the feffour or feffours, donour or donours, and not to be enherite theryn theym self; so that no such honoures, castels, lordships, manoirs, londes, tenementes, rentes, reversions, annuitees, offices, fees, advousons, fee fermes, enheritaunces and other possessions be not forfaited by force of the seid acte. And savyng also to everyche other persone and persones the which were not in eny of the seid feldes ayenst youre highnes in forme aforeseid, their right, title, and interesse, which they or eny of theym had, in or to the seid honoures, castels, lordships, manoirs, londes, tenementes, rentes, reversions, annuitees, offices, fees, advousons, fee fermes, enheritaunces and other possessions, or eny parcell of theym, afore the seid Friday. | 24. Provided always that this act of forfeiture shall not extend to any honours, castles, lordships, manors, lands, tenements, rents, reversions, annuities, offices, fees, advowsons, fee-farms, hereditaments and other possessions of which the said duke of York, the earls of March, Warwick, Salisbury and Rutland, and John Clinton, Lord Clinton, Thomas Neville, John Neville, Thomas Harrington, John Wenlock, James Pickering, John Conyers, Thomas Parre, John Bourchier, Edward Bourchier, William Stanley, Thomas Meryng, Thomas Colt, John Clay, Roger Eyton, Robert Bould, Alice, William Oldhall, Thomas Vaughan, Richard Grey, Lord Powys, Walter Devereux and Henry Radford, or any of them, were seised or possessed on the said Friday individually or jointly, with themselves or any of them, or with any other person or persons, by fine, enfeoffment or grant made to them or any of them in trust, jointly or individually, to the use of any other person or persons, or to perform the will of the feoffor or feoffors, donor or donors, and not to be the inheritors thereof themselves; provided that none of these honours, castles, lordships, manors, lands, tenements, rents, reversions, annuities, offices, fees, advowsons, fee-farms, hereditaments and other possessions has been forfeited by force of the said act. And saving also to every other person and persons who were not in any of the said fields against your highness in the aforesaid manner, their right, title and interest, which they or any of them had in or to the said honours, castles, lordships, manors, lands, tenements, rents, reversions, annuities, offices, fees, advowsons, fee-farms, hereditaments and other possessions, or any part of them, before the said Friday. |
| < A proviso for goodes to other men's uses. > | A proviso for goods to other men's uses. |
| Provided also, that this acte of forfaiture extend not to eny goodes or catalles which they or eny of theym have or hath, joyntly or severally, to the use of eny other persone or persones, or elles as executour or executours, administratour or administratours, to eny other persone or persones. | Provided also that this act of forfeiture shall not extend to any goods or chattels which they or any of them have or has, jointly or individually, to the use of any other person or persons, or as executor or executors, administrator or administrators, to any other person or persons. |
| < A proviso for the wives of the said offendours. > | A proviso for the wives of the said offenders. |
| Provided also, that this acte of forfaiture extend not nor be prejudiciall to eny of the wyfes of eny of the persones above specified, which have forfaited or be atteinted by vertue of the seid acte; but that they may have and enjoye after the decesse of her seid husbondes all such honoures, castels, lordships, manoirs, londes and tenementes, rentes, reversions, annuitees, fees and offices or eny other possessions, which they or eny of theym had or hield joyntly with their seid husbondes the seid Friday; the seid Aleise wyf of the seid erle of Salesbury oonly except. | Provided also that this act of forfeiture shall not extend or be prejudicial to the wives of any of the persons specified above, who have forfeited or are attainted by virtue of the said act; but that they may have and enjoy after the death of their said husbands all such honours, castles, lordships, manors, lands and tenements, rents, reversions, annuities, fees and offices or any other possessions, which they or any of them had or held jointly with their said husbands on the said Friday; the said Alice, wife of the said earl of Salisbury, only excepted. |
| Provided alwey that this acte extende not to eny honoures, castels, lordships, manoirs, londes, tenementes, rentes, reversions, annuitees, offices, fees, advousons, fee fermes, enheritaunces or other possessions, the which the seid duc of York, erles of Marche, Warrewyk, Salisbury, Rutland, and John Clynton Lord Clynton, Thomas Nevill, John Nevill, Thomas Haryngton, John Wenlok, James Pykeryng, John Conyers, Thomas Parre, John Bourgchier, Edward Bourgchier, William Stanley, Thomas Meryng, Thomas Colt, John Clay, Roger Eyton, Robert Boulde, Aleyse, William Oldhalle, Thomas Vaghan, Richard Gray Lord Powes, Waltier Devereux and Herry Radford, or eny of theym, were seised or possessed the seid Friday, severally or joyntly, with theymself or eny of theym, or with eny [col. b] other persone or persones, by fyne, feoffement or graunt made to theym or eny of theym of trust, joyntly or severally, to the use of eny other persone or persones, < or to performe the wille of the feffour or feffours, donour or > donours, other than thoo that been atteint, and not to be enherited theryn theym self: so that noo such honours, castels, lordships, manoirs, londes, tenementes, rentes, reversions, annuitees, offices, fees, advousons, fee fermes, enheritaunces and other possessions be not forfeited by force of the seid acte. And savyng also to everiche other persone or persones, the which were not in eny of the seid feldes ayenst youre highnes in forme aforeseid, and to their heires, their right, title, and interesse, offices and annuitees, which they or eny of theym had in or to the seid honoures, castels, lordships, manoirs, londes, tenementes, rentes, reversions, annuitees, offices, fees, advousons, fee fermes, enheritaunces and other possessions, or eny parcell of theym, or in or to eny of the premisses, afore the seid Friday; [memb. 4] other than such title, right or interesse that they or any of theym had to the use of eny such persone as hath forfaited by this same acte. (fn. v-345-91-1) | Provided always that this act shall not extend to any honours, castles, lordships, manors, lands, tenements, rents, reversions, annuities, offices, fees, advowsons, fee-farms, hereditaments or other possessions of which the said duke of York, the earls of March, Warwick, Salisbury and Rutland and John Clinton, Lord Clinton, Thomas Neville, John Neville, Thomas Harrington, John Wenlock, James Pickering, John Conyers, Thomas Parre, John Bourchier, Edward Bourchier, William Stanley, Thomas Meryng, Thomas Colt, John Clay, Roger Eyton, Robert Boulde, Alice, William Oldhall, Thomas Vaughan, Richard Grey, Lord Powys, Walter Devereux and Henry Radford, or any of them, were seised or possessed on the said Friday, individually or jointly, with themselves or any of them, or with any [col. b] other person or persons, by fine, enfeoffment or grant made to them or any of them in trust, jointly or individually, to the use of any other person or persons, or to perform the will of the feoffor or feoffors, donor or donors, other than those who are attainted, and not to be inheritors themselves; provided that none of these honours, castles, lordships, manors, lands, tenements, rents, reversions, annuities, offices, fees, advowsons, fee-farms, hereditaments and other possessions has been forfeited by force of the said act. And saving also to every other person or persons who were not in any of the said fields against your highness in the aforesaid manner, and to their heirs, their right, title, and interest, offices and annuities, which they or any of them had in or to the said honours, castles, lordships, manors, lands, tenements, rents, reversions, annuities, offices, fees, advowsons, fee-farms, hereditaments and other possessions, or any part of them, or in or to any of the things stated, before the said Friday; [memb. 4] other than such title, right or interest, that they or any of them had to the use of any such person who has forfeited by this same act. (fn. v-345-91-1) |
| Provided also, that this acte of forfaiture extend not to eny goodes or catelles which they or eny of theym have or hath, joyntly or severally, to the use of eny other persone or persones, or elles as executour or executours, administratour or administratours, to eny other persone or persones. | Provided also that this act of forfeiture shall not extend to any goods or chattels which they or any of them have or has, jointly or individually, to the use of any other person or persons, or as executor or executors, administrator or administrators, to any other person or persons. |
| Provided also, that this acte of forfaiture extend not nor be prejudiciall to eny of the wyfes of eny of the persones above specified, which have forfaited or be atteinted by vertue of the seid acte; but that they may have and enjoye after the decesse of her seid husbondes all such honoures, castels, lordships, manoirs, londes and tenementes, rentes, reversions, annuitees, fees and offices, and all other possessions, which they or eny of theym had or hield joyntly with their seid husbondes, the seid Friday; the seid Aleise wyf of the seid erle of Salesbury oonly except. | Provided also that this act of forfeiture shall not extend or be prejudicial to the wives of any of the persons specified above, who have forfeited or are attainted by virtue of the said act; but that they may have and enjoy after the death of their said husbands all such honours, castles, lordships, manors, lands and tenements, rents, reversions, annuities, fees and offices, and all other possessions, which they or any of them had or held jointly with their said husbands, on the said Friday; the said Alice, wife of the said earl of Salisbury only excepted. |
| Provided alwey, that this acte be not prejudiciall to any persone or persones that was of the kynges partie in any of the said feldes, that hath any office or offices of the kynges yefte joyntly with any of the seid persones atteinte or convicte; but that he so beyng with the kyng shall have and occupie soule the seid office or offices, as he shuld doo and the seid persone or persones so atteinte or convicte of the seid treson had dyed withoute any atteinte or conviction. | Provided always that this act shall not be prejudicial to any person or persons who were on the king's side in any of the said fields, who have any office or offices of the king's gift jointly with any of the said persons attainted or convicted; but that the man who was with the king shall have and occupy the said office or offices alone, as he would do had the said person or persons thus attainted or convicted of the said treason died without any attaint or conviction. |
| Provided alwey that this acte extend not nor be prejudiciall to John Cornewaill squier, John Holme, John Laweley and Thomas Baker nor to eny of theym, of, in, or for any landez or tenementez in the shire of Bedford, the which they have and hold to the use of the seid John Cornewayll the seid Fridaye. | Provided always that this act shall not extend or be prejudicial to John Cornwall, esquire, John Holme, John Lawley and Thomas Baker, or to any of them, with regard to any lands or tenements in the county of Bedford, which they have and hold to the use of the said John Cornwall on the said Friday. |
| Qua quidem peticione in parliamento predicto lecta, audita et, matura deliberacione, plenius intellecta, de avisamento et assensu dominorum spiritualium et temporalium, ac communitatis regni Anglie, in eodem parliamento existentium, respondebatur eidem in forma sequenti: | When this petition had been read, heard and, after mature deliberation, fully understood in the aforesaid parliament, it was answered as follows by the advice and assent of the lords spiritual and temporal, and the commons of the kingdom of England being in the same parliament: |
| The kyng agreeth to this acte, so that be vertue therof he be not put fro his prerogatyf to shewe such mercy and grace as shall please his highnes, accordyng to his regalie and dignitee, to eny persone or persones whos names be expressed in this acte, or to eny other that myght be hurt be the same: but as to Richard Lord Powes and Walter Devereux, herein named, le roy s'advisera. | The king agrees to this act, on condition that by virtue of it he is not deprived of his prerogative to show such mercy and grace as shall please his highness, according to his regality and dignity, to any person or persons whose names are stated in this act, or to anyone else who might be harmed by it: but as to Richard, Lord Powys, and Walter Devereux, named herein, the king will consider this further. |
| [p. v-351] | |
| [col. a] | |
| 25. Provided alwey that this acte of forfaiture, or any other acte made in this present parlement, extend not nor be prejudiciall unto the provost and scolers of the college roiall of Oure Lady and Seint Nicholas of Cambrigge and their successours, nor to the provost and college roiall of Oure Lady of Eton beside Wyndesore in the counte of Buk, and their successours, in or of any graunte or grauntez, confirmacion or confirmacions, relesse or relesses, acte of parlement or actes of parlements, of any landes and tenementes, rentes, reversions, services, possessions spirituelx or temporelx, with their appurtenauncez, pensions, porcions, or of any advousons or patronages, or in or of any privileges, libertees, < immunitees > and fraunchises by us, or any other persone or persones or body incorporate, to the said provost and scolers and their successours, or to the said provost and college, and their successours, or to any of their predecessours and their successours before this tyme made; but that all such grauntes, confirmacions, relesses and actes of parlements, and every of theym, and all letters patentes and other writyngs therupon made, be good and effectuell unto theym and their successours, and unto eyther of theym and their successours, after the purport and tenours of the same. | 25. Provided always that this act of forfeiture, or any other act made in this present parliament, shall not extend or be prejudicial to the provost and scholars of the royal college of Our Lady and St Nicholas of Cambridge and their successors, or to the provost and royal college of Our Lady of Eton near Windsor in the county of Buckingham, and their successors, with regard to any grant or grants, confirmation or confirmations, release or releases, act of parliament or acts of parliaments, of any lands and tenements, rents, reversions, services, possessions spiritual or temporal, with their appurtenances, pensions, portions, or of any advowsons or patronages, or with regard to any privileges, liberties, immunities and franchises, made by us, or by any other person or persons or body corporate to the said provost and scholars and their successors, or to the said provost and college and their successors, or to any of their predecessors and their successors before this time; but that all such grants, confirmations, releases and acts of parliaments, and each of them, and all letters patents and other writings on the same, shall be good and effectual to them and their successors, and to either of them and their successors, according to their purport and tenors. |
| < An othe made by the lordes underwriten. > | An oath made by the lords named below. |
| 26. Memorandum that the .xi. day of December, the yere of the moost noble reigne of Kyng Herry the sexte oure soveraigne lord < .xxxviij. ti , > a cedule of a forme of an oth was radde in the kynges high presence, and the lordes spirituell and temporell beyng in the parlement chambre at Coventre; and after the redyng of the same cedule the bysshop of Wynchestre, chaunceller of Englond, by the kynges high commaundement, made question to every lord in his persone by hymself, yf he wolde make such oth as was radde in the said cedule, and theruppon all the lordes whos names been here underwritten with their owen handes, and theire seales putte to these presentes. | 26. Be it remembered that on 11 December, in the thirty-eighth year of the most noble reign of King Henry VI our sovereign lord [1459], a schedule giving the wording of an oath was read in the king's high presence, and before the lords spiritual and temporal in the parliament chamber at Coventry; and after the reading of the same schedule the bishop of Winchester, chancellor of England, by the king's high commandment, individually asked every lord in person whether he would take the oath read in the said schedule, and thereupon all the lords whose names are written below put their signatures and seals to the document. |
Fyrst, the Lord Stourton, and so every lord in his persone, and by hymself, agreed to make such oth as was radde: and than and there in the same chambre, in the kynges high presence, all the lordes spirituell and temporell, and every of theym by hym self in his persone, made the said oth uppon the holy evangelies, settyng therto his seale and signe manuell, as here under apperith, accordyng to the tenure of the forseid oth and cedule. The tenure of which oth and cedule foloweth in thees wordes:
|
First, Lord Stourton, and then every lord in person individually agreed to take the oath that had been read: and then and there in the same chamber, in the king's high presence, all the lords spiritual and temporal, and each of them by himself in person, took the said oath upon the holy gospels, setting his seal and signature to it, as appears below, according to the tenor of the aforesaid oath and schedule. The tenor of which oath and schedule follows in these words:
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I, A. B. etc., knowleche you, moost high and myghty, and moost cristen prynce, Kyng Herry the VI
te
, to be my moost redouted soverayne lord, and rightwesly by succession borne to reigne uppon me and all youre liege people. Wheruppon y voluntariely withoute cohercion, promitte and oblyssh me, by the feith and trouth that y owe unto God, and by the faith, trouth and liegeaunce that y owe unto you, my moost redouted soverayne lord, that y shall
<
be,
>
withoute eny variaunce, true, feithfull, humble and obeisaunt subgiet and liegeman unto you, my moost redouted soveraigne lord; and that y shall be unto my lyves ende, at all tymes and places, redy and attendyng at youre callyng, in my moost herty wise and manere, as eny true liegeman oweth to be unto his soverayne lord, puttyng me in my true undelaied devoir, to doo all that that may be unto the wele and suerte of youre moost roiall persone, of youre moost noble estate, and the verray conservacion and contynuaunce of youre moost high auctorite, preemynence and prerogatyf; to the wele, suerte and preservyng of the persone of the moost high and benigne princesse Margaret the quene, my soverayne lady, and of her moost high and noble
[col. b]
estate, she beyng youre wyf; and also to the wele, suerte and honour of the persone of the right high and myghty Prynce Edward, my right redouted lord the prynce youre first begoten sonne, and of the right high and noble estate of the same; and feithfully, truly and obeisauntly, in my moost humble wise and manere, honour, serve, obeye and bere myne aligeaunce unto you, my moost redouted soverayne lord, duryng youre lyf, which God, fader of mercy, for my moost singuler recomfort preserve long in prosperite to endure: and yf God of his infynite power take you from this transitorie lyf, me beryng lyf here in this world, that than I shall take and accept my said redouted lord the Prynce Edward, youre said first begoten sonne, for my soverayne lord, and bere my trouth, faith, and ligeaunce unto hym, as my naturall borne soveraigne lord; and after hym, unto his succession of his body lawefully begoten; and in defaute of his succession, which God defende, unto eny other succession of youre body lawefully commyng. And that I shall never at eny tyme, for eny manere occasion, colour, affinitee or cause, consent, geve ayde, assistence or favoir, or agre to eny thyng that I may understond or knowe by ony mean, that may be prejudiciall or contrarie to the premisses or eny of theym; but that y shall as sone as y may soo have knoulech, putte me in my due undelayed devoir, in my moost herty and effectuous wise and manere, withoute colour or fayntise, with my body, goodes, myght, power, counsaill and advertisment, to resiste, withstond and subdue all theym that wold in any wise presume to do contrarie to the premisses, or eny of theym. So God me helpe, and thiese holy evaungelists. In witnes wherof y sette to thiese presentes my seal and myne signe manuell.
|
I, A.B. etc., acknowledge you, most high and mighty and most Christian prince, King Henry VI, to be my most dread sovereign lord, and rightfully by succession born to reign over me and all your liege people. Whereupon I voluntarily, without coercion, promise and bind myself, by the faith and truth I owe to God, and by the faith, truth and allegiance that I owe to you, my most dread sovereign lord, that I shall be unwaveringly a true, faithful, humble and obedient subject and liegeman to you, my most dread sovereign lord; and that I shall until my life's end, at all times and places, be ready and attendant upon your calling, in my most wholehearted way and manner, as any true liegeman ought to be to his sovereign lord, promptly doing my best to do everything necessary for the weal and security of your most royal person, of your most noble estate, and the true preservation and continuance of your most high authority, pre-eminence and prerogative; for the weal, security and preservation of the person of the most high and gracious Princess Margaret the queen, my sovereign lady, and of her most high and noble
[col. b]
estate, she being your wife; and also for the weal, security and honour of the person of the most high and mighty Prince Edward, my most dread lord the prince your first-born son, and of his most high and noble estate; and faithfully, truly and obediently, in my most humble way and manner, honour, serve, obey and hold my allegiance to you, my most dread sovereign lord, during your life, which God, the father of mercy, preserve, long to remain in prosperity, to my particular comfort: and if God in his infinite power takes you from this transitory life while I am still living, then I shall take and accept my said dread lord Prince Edward, your said first-born son, for my sovereign lord, and hold my truth, faith and allegiance to him, as my natural born sovereign lord; and after him, to his descendants lawfully begotten of his body; and in default of his descendants, which God forbid, to any other descendants lawfully begotten of your body. And that I shall never at any time, for any reason, pretext, relationship or cause, consent, lend aid, assistance or support, or agree to anything which I perceive or discover by any means to be prejudicial or contrary to the foregoing; but that I shall as soon as I have such knowledge, promptly do my best, in my most wholehearted and effective way and manner, without pretence or fraud, with my body, goods, might, power, counsel and by giving warning, to resist, withstand and subdue all those who would in any way presume to do the contrary, or any of them. So help me God and these holy gospels. In witness of which I set my seal and my signature to this document.
|
| [memb. 5] | |
| De escambio inter regem et reginam, etc. | Of the exchange [of land] between the king and queen, etc. |
| 27. The kyng oure soveraigne lord, by the aggrement of the quene oure soveraigne lady, by the advise and assent of his lordes spirituell and temporell, and of the commens, in this present parlement being, and by auctorite of the same parlement, taketh and resumeth into his handes and possession the manoir and lordship of Haveryng at Boure, with thappurtenauncez, in the shire of Essex, which was assigned to oure seid soverayne lady, to have to her for terme of her lyf for part of her dower: to remayne to hym and to his heirs fro the fest of Seint Michell tharchangell last passed, as holly and entierly as oure seid soverayne lord or eny of his progenitours, the same manoir and lordship, with thappurtenauncez, had bifore the seid assignement; discharged of almanere fees, annuitees and other charges graunted by oure seid soverayne lady. And also oure seid soveraigne lord, by the same auctorite, ordeyneth, establisseth and graunteth that oure seid soveraigne lady the quene have and enjoye the manoir and lordship of Coseham, otherwise called Cosham, in the counte of Wilteshire, with parkes, vieus of francplegg, knyghtes fees, advousons and all other appurtenaunces therto bilongyng, as holly and entierly as oure seid soveraigne lord hath or hadde the same manoir any tyme passed, discharged of almanere fees, annuitees, and other charges graunted or made by hym bifore this tyme. And also that oure seid soveraigne lady the quene have and perceyve to her, of the subsidie of ulnage of cloth in the cite of London, by the handes of the collectours or fermours of the same for the tyme beyng, .xx.li., atte festes of Ester and Seint Michell tharchangell by evyn porcions: to have, hold and perceyve the seid manoir and lordship of Cosham, with parkes, vieus of francplegg, knyghtes fees, advousons and other appurtenaunces, and the seid .xx.li. of the said subsidie of ulnage of cloth, to oure seid soveraigne lady the quene, from the seid fest of Seynt Michell for terme of her lyf in part of her dower, and in recompence of the seid manoir and lordship of Haveryng at Bowre. And yf it so be that the yerely value of the seid manoir and lordship of Cosham, with parkes, vieu of francplegg, knyghtes fees, advousons and other appurtenaunces, over all charges and reprises, and the seid yerely .xx.li. of the seid subsidie of ulnage of clothe, excede the [col. b] yerely value of the seid manoir and lordship of Haveryng at Bowre, over all charges and reprises; that than oure seid soveraigne lady the quene be charged and pay to oure seid soverayne lord and to his heirs, duryng her lyf, asmoche yerely as the seid manoir and lordship of Cosham, with thappurtenaunces, over all charges and reprises, and the seid yerely .xx.li. of the seid subsidie, excedith by yere the yerely value of the seid manoir and lordship of Haveryng at Bowre, with thappurtenaunces, over all charges and reprises. And yf the yerely value of the seid manoir and lordship of Haveryng at Bowre, with thappurtenaunces, excede the yerely value of the seid manoir and lordship of Cosham, with parkes, vieus of francplegg, knyghtes fees, advousons and other appurtenaunces, and the seid yerely .xx.li. of the seid subsidie of ulnage of cloth; than oure seid soveraigne lord graunteth, by the seid auctorite, that oure seid soverayne lady shall have asmoche yerely of the residue of the seid subsidie of ulnage of cloth, as the yerely value of the seid manoir and lordship of Haveryng at Bowre so excedeth the seid yerely value of the seid manoir and lordship of Cosham, with the parkes, vieus of francplegg, knyghtes fees, advousons and other appurtenaunces, and the seid yerely .xx.li., by the handes of the collectours or fermours of the same subsidie of ulnage for the tyme beyng, atte festes abovesaid: to have, hold and perceyve to her for terme of her lyf, in part of her dower, as is abovesaid. | 27. The king our sovereign lord, with the agreement of the queen our sovereign lady, by the advice and assent of his lords spiritual and temporal, and of the commons being in this present parliament, and by authority of the same parliament, takes and resumes into his hands and possession the manor and lordship of Havering atte Bower with the appurtenances in the county of Essex, which was assigned to our said sovereign lady for term of her life as part of her dower: to remain to him and to his heirs from Michaelmas last passed, as fully and completely as our said sovereign lord or any of his progenitors had the same manor and lordship with the appurtenances before the said assignment; discharged of all the fees, annuities and other charges granted by our said sovereign lady. And also our said sovereign lord, by the same authority, ordains, decrees and grants that our said sovereign lady the queen shall have and enjoy the manor and lordship of Corsham in the county of Wiltshire, with parks, views of frankpledge, knights' fees, advowsons, and all other appurtenances belonging to it, as fully and completely as our said sovereign lord has or had the same manor at any time passed, discharged of all the fees, annuities and other charges granted or made by him before this time. And also that our said sovereign lady the queen shall have and receive from the subsidy of the alnage of cloth in the city of London, by the hands of its collectors or farmers at the time, £20 at Easter and Michaelmas in equal portions: to have, hold and receive the said manor and lordship of Corsham, with parks, views of frankpledge, knights' fees, advowsons and the other appurtenances, and the said £20 from the said subsidy of the alnage of cloth, to our said sovereign lady the queen, from the said Michaelmas, for term of her life as part of her dower, and in recompense for the said manor and lordship of Havering atte Bower. And if it is the case that the yearly value of the said manor and lordship of Corsham, with parks, view of frankpledge, knights' fees, advowsons and the other appurtenances, after all charges and deductions, and the said yearly £20 from the said subsidy of the alnage of cloth, exceeds the [col. b] yearly value of the said manor and lordship of Havering atte Bower after all charges and deductions; then our sovereign lady the queen shall be charged with and pay to our said sovereign lord and to his heirs, during her lifetime, the annual amount by which the said manor and lordship of Corsham with the appurtenances after all charges and deductions, and the said yearly £20 of the said subsidy, exceeds the yearly value of the said manor and lordship of Havering atte Bower with the appurtenances after all charges and deductions. And if the yearly value of the said manor and lordship of Havering atte Bower with the appurtenances exceeds the yearly value of the said manor and lordship of Corsham, with parks, views of frankpledge, knights' fees, advowsons and the other appurtenances, and the said yearly £20 of the said subsidy of the alnage of cloth; then our said sovereign lord grants, by the said authority, that our said sovereign lady shall have the amount each year from the rest of the said subsidy of the alnage of cloth, by which the yearly value of the said manor and lordship of Havering atte Bower thus exceeds the said yearly value of the said manor and lordship of Corsham, with the parks, views of frankpledge, knights' fees, advowsons and the other appurtenances, and the said yearly £20, by the hands of the collectors or farmers of the same subsidy of the alnage at the time, at the feasts abovesaid: to have, hold and receive to her for term of her life, as part of her dower, as is said above. |
| Provided alweys, that this acte extend not ne be prejudiciall to eny persone or persones havyng eny office or offices in or of eny of the said maners by the graunte or grauntes of the kyng oure soverayn lord or of the quene oure soveraigne lady, as touchyng the seid office or offices; ne to or for the fees or wages to the same office or offices of olde tyme dewe and accustumed. (fn. v-345-122-1) | Provided always that this act shall not extend or be prejudicial to any person or persons having any office or offices in or of any of the said manors, by the grant or grants of the king our sovereign lord or of the queen our sovereign lady, concerning the said office or offices or with regard to the fees or wages traditional and customary for the same office or offices. (fn. v-345-122-1) |
| Provided alwey, that this acte, or any other acte made in this present parlement, extend not nor in any wise be prejudiciall unto the provost and scolers of oure college roiall of Oure Lady and Seint Nicholas of Cambrigge and their successours, nor to the provost and college roiall of oure lady of Eton beside Wyndesore in the counte of Buk' and theire successours, in or of eny graunte or grauntes, confirmacion or confirmacions, relesse or relesses, acte of parlement or acts of parlements, of any landes and tenements, rents, reversions, services, possessions spirituelx or temporelx, with their appurtenaunces, pensions, porcions, apports, fermes or annuitees, or of any advousons or patronages, or in or of any privileges, libertees, immunitees and franchises, by us, or any other persone or persones, or body incorporate to the said provost and scolers and their successours, or to the said provost and college and their successours, or to any of their predecessours and their successours, before this tyme made: but that all such grauntes, confirmacions, relessez, actes of parlements and every of theym, and all letters patentes and other writynges theruppon made, be good and effectuell unto theym and their successours, and unto either of theym and their successours, after the < purportes > and tenours of the same. (fn. v-345-124-1) | Provided always that this act, or any other act made in this present parliament, shall not extend or be prejudicial in any way to the provost and scholars of our royal college of Our Lady and St Nicholas of Cambridge and their successors, or to the provost and royal college of Our Lady of Eton near Windsor in the county of Buckingham and their successors, with regard to any grant or grants, confirmation or confirmations, release or releases, act of parliament or acts of parliaments, of any lands and tenements, rents, reversions, services, possessions spiritual or temporal, with their appurtenances, pensions, portions, revenues, farms or annuities, or of any advowsons or patronages, or with regard to any privileges, liberties, immunities and franchises, made by us, or by any other person or persons, or body corporate to the said provost and scholars and their successors, or to the said provost and college and their successors, or to any of their predecessors and their successors before this time: but that all such grants, confirmations, releases, acts of parliaments, and each of them, and all letters patents and other writings made on the same, shall be good and effectual to them and their successors, and to either of them and their successors, according to their purports and tenors. (fn. v-345-124-1) |
| < Pro episcopis Bathon', Wigorn', Norwicen' et aliis. > | [Trustees of the duchy of Lancaster.] |
| 28. Item, quedam cedula exhibita fuit prefato domino regi in presenti parliamento per communitates regni Anglie in dicto parliamento existentes, sub eo qui sequitur tenore verborum. Rex, omnibus, etc. Cum nos nuper per litteras nostras patentes sub sigillo nostro ducatus nostri Lancastrie factas, quarum datum est apud manerium nostrum de Shene, penultimo die Novembris, anno regni nostri vicesimo secundo, ex certa [p. v-353][col. a] scientia et mero motu nostris, certis de causis nos intime moventibus, dederimus, concesserimus et per easdem confirmaverimus, pro nobis et heredibus nostris, Thome Bathon' et Wellen', Johanni Wygorn', per nomen Johannis Carpenter electi Wigorn' ecclesie, Waltero Norwicen', per nomen Walteri Lyhert clerici, Johanni Menev', per nomen Johannis Delabere clerici, episcopis; Johanni vicecomiti Beaumont; Radulpho domino de Sideley, Johanni domino de Beauchamp militibus, Edmundo Hungerford militi; Johanni Hampton et Johanni Noreys, armigeris ad huc superstitibus, ac aliis jam defunctis, castrum, manerium et hundredum de Hiegham Ferrers cum pertinenciis; maneria [...] de Raundes, Russhden, Caldecote, Irenchestr', Daventr' et Deisburgh, molendina de Desheford, ac omnia terras et tenementa, redditus et servicia tunc nostra cum pertinenciis in Welledon; necnon omnia terras et tenementa cum pertinenciis, que nuper fuerunt Stephani Rumbylowe in Daventr' predicta; [editorial note: Nota in anno .xxiij.] et omnia terras et tenementa, redditus et servicia tunc nostra cum pertinenciis, que nuper fuerunt Willelmi Croyser, militis, in Hiegham Ferrers et Caldecote predicta, in comitatu Norht'; feodi firmam centum et viginti librarum ville de Gormonchestr': feodi firmam quadraginta et trium librarum ville de Huntyngdon; et maneria de Glatton cum Holme cum pertinenciis in comitatu Hunt'; manerium de Wardyngton in comitatu Buk'; manerium de Aldeborn in comitatu Wiltes'; maneria de Aylysham, Wighton, Snetisham, Fakenham, Gymmyngham, Tonsted et Thetford, cum viginti et octo libris, sex solidis et octo denariis, de feodi firma prioris et conventus monachorum de Thetford: et manerium de Methewolde, cum terris et tenementis tunc nostris vocatis Rodmer juxta Methewold: ac hundredum tunc nostrum [sic: read 'hundreda tunc nostra'] de Northerpyngham, Sowtherpyngham, Gallowe et Brothercros cum pertinenciis, in comitatu Norff'; maneria tunc nostra de Hungerford, Estgarston et Standen in comitatu Berk', et manerium tunc nostrum de Swoham in comitatu Cantebr'. Habenda et tenenda, eadem castrum, manerium, [sic: read 'maneria'] hameletta, feodi firmas, hundreda, molendina, terras, tenementa, redditus et servicia cum pertinenciis, una cum feodis militum, ac omnibus aliis proficuis et commoditatibus eisdem castro, maneriis, terris et tenementis spectantibus sive pertinentibus, eisdem episcopis, vicecomiti, Radulpho, Johanni Beauchamp, Edmundo, Johanni Hampton et Johanni Noreys, ac predictis aliis jam defunctis, heredibus et assignatis suis, de nobis et heredibus nostris, per fidelitatem tantum, absque aliquo alio nobis vel heredibus nostris inde reddendo. Salvis semper et reservatis nobis et heredibus nostris ducibus Lancastr', advocacionibus ecclesiarum, abbatiarum, prioratuum, vicariarum, cantariarum, capellarum, hospitallium et aliorum beneficiorum ecclesiasticorum quorumcumque, eisdem castro, maneriis, sive terris et tenementis ullo modo spectantibus. Et per easdem litteras nostras, obligaverimus nos et heredes nostros ad castrum, maneria, ac omnia et singula premissa cum pertinenciis, prefatis episcopis, etc., et prefatis aliis jam defunctis, heredibus et assignatis suis, contra omnes gentes warantizandum et defendendum. |
[Trustees of the duchy of Lancaster.] 28. For the bishops of Bath, Worcester, Norwich and others. Item, a schedule was presented to the aforementioned lord king in the present parliament by the commons of the kingdom of England being in the said parliament, the tenor of which follows. The king, to all, etc., we recently by our letters patent made under our seal of our duchy of Lancaster, given at our manor of Sheen on 29 November in the twenty-second year of our reign [1443], of [p. v-353][col. a] our sure knowledge and free will, for certain reasons deeply concerning us, gave, granted and confirmed by the same, for us and our heirs, to Thomas of Bath and Wells, John of Worcester, by the name of John Carpenter, the elect of the church of Worcester, Walter of Norwich, by the name of Walter Lyhert, clerk, John of St David's, by the name of John Delabere, clerk, bishops; John, Viscount Beaumont; Ralph, Lord Sudeley, John, Lord Beauchamp, knights, Edmund Hungerford, knight; John Hampton and John Norreys, esquires, still living, and to others now deceased, the castle, manor and hundred of Higham Ferrers with the appurtenances; the manors of Raunds, Rushden, Caldecote, Irchester, Daventry and Desborough, the mills of Ditchford, and all the lands and tenements, rents and services then belonging to us, with the appurtenances, in Weldon; and also all the lands and tenements with the appurtenances which formerly belonged to Stephen Rumbylowe in the aforesaid Daventry; [editorial note: Note in the twenty-third year.] and all the other lands and tenements, rents and services then belonging to us, with the appurtenances, which lately belonged to William Croyser, knight, in the aforesaid Higham Ferrers and Caldecote in the county of Northampton; a fee-farm of £120 from the town of Godmanchester; a fee-farm of £43 from the town of Huntingdon; and the manors of Glatton and Holme with the appurtenances in the county of Huntingdon; the manor of Wardington in the county of Buckingham; the manor of Aldbourne in the county of Wiltshire; the manors of Aylsham, Wighton, Snettisham, Fakenham, Gimingham, Tunstead and Thetford, with £28 6s. 8d. from the fee-farm of the prior and convent of Thetford; and the manor of Methwold, with our lands and tenements called Rodmere by Methwold; and our hundreds of North Erpingham, South Erpingham, Gallow and Brothercross, with the appurtenances, in the county of Norfolk; our manors of Hungerford, East Garston and Standen in the county of Berkshire; and our manor in Soham in the county of Cambridge. To have and to hold the same castle, manors, hamlets, fee-farms, hundreds, mills, lands, tenements, rents and services, with the appurtenances, together with knights' fees and all other profits and commodities belonging or pertaining to the same castle, manors, lands and tenements, to the same bishops, viscount, Ralph, John Beauchamp, Edmund, John Hampton and John Norreys, and the aforesaid others now deceased, their heirs and assigns, from us and our heirs, by fealty, without paying anything else for them to us or our heirs. Saving always and reserving to us and our heirs the dukes of Lancaster, the advowsons of churches, abbeys, priories, vicarages, chantries, chapels, hospitals and any other ecclesiastical benefices pertaining in any way to the same castle, manors or lands and tenements. And by our same letters we bound ourselves and our heirs to warrant and defend the castle, manors and each and every thing stated, with the appurtenances, to the aforementioned bishops, etc., and the aforementioned others now deceased, their heirs and assigns, against all people. |
| < Pro eisdem. > | For the same. |
| Ac per alias litteras nostras patentes, sub eodem sigillo, datas apud manerium nostrum de Shene, septimo die Julii, anno regni nostri vicesimo secundo, ex certa sciencia et mero motu predictis, dederimus et concesserimus, et per easdem litteras nostras confirmaverimus, pro nobis et heredibus nostris, prefatis episcopis, vicecomiti, Radulpho, Johanni domino de Beauchamp, Edmundo, Johanni Hampton et Johanni Noreys, per nomina in predictis primis litteris contenta, ac predictis aliis jam defunctis, maneria de Somborn', Weston, Hertley et Langstok, cum pertinenciis, in comitatu South'; maneria de Everley, Colyngborn, Trobrigge, Berewyk et Esterton, cum pertinenciis, in comitatu Wiltes'; maneria [sic: read 'manerium'] de Shepynglamborn cum pertinenciis, in comitatu Berk'; maneria de Kyngeston [col. b] Lacy, Wymborn, Blanford et Shapwyk cum pertinenciis, in comitatu Dors'; manerium de Mynsterworth cum pertinenciis, in comitatu Glouc'; manerium de Hodenak cum pertinenciis in marchia Wallie; manerium et socam de Snaith cum pertinenciis, in comitatu Ebor'. Habenda et tenenda omnia predicta maneria et socam cum pertinenciis suis quibuscumque, una cum feodis militum et omnibus aliis proficuis et commoditatibus predictis maneriis et soce spectantibus, eisdem episcopis, vicecomiti, etc., et predictis aliis jam defunctis, heredibus et assignatis suis, de nobis et heredibus nostris, per fidelitatem tantum, absque aliquo alio nobis vel heredibus nostris inde reddendo. Salvis semper et reservatis nobis et heredibus nostris ducibus Lancastr', advocacionibus ecclesiarum, abbaciarum, prioratuum, vicariarum, cantariarum, capellarum, hospitalium et aliorum beneficiorum ecclesiasticorum quorumcumque, eisdem maneriis et soce cum pertinenciis ullo modo spectantibus. Et per easdem litteras nostras obligaverimus nos et heredes nostros ad warantizandum et defendendum omnia premissa cum pertinenciis eisdem episcopis, etc., et heredibus et assignatis suis, prout etc. | And by our other letters patent, under the same seal, given at our manor of Sheen on 7 July in the twenty-second year of our reign [1444], of the aforesaid sure knowledge and free will, we gave and granted, and by our same letters confirmed, for us and our heirs, to the aforementioned bishops, viscount, Ralph, John, Lord Beauchamp, Edmund, John Hampton and John Norreys, by the names given in the aforesaid first letters, and to the aforesaid others now deceased, the manors of [King's] Somborne, Weston, Hartley and Longstock, with the appurtenances, in the county of Southampton; the manors of Everleigh, Collingbourne, Trowbridge, Berwick and Easterton, with the appurtenances, in the county of Wiltshire; the manor of Chipping Lambourne with the appurtenances in the county of Berkshire; the manors of Kingston [col. b] Lacy, Wimborne, Blandford and Shapwick, with the appurtenances, in the county of Dorset; the manor of Minsterworth with the appurtenances in the county of Gloucester; the manor of Hadnock with the appurtenances in the march of Wales; the manor and soke of Snaith with the appurtenances in the county of York. To have and to hold all the aforesaid manors and soke, with all their appurtenances, together with knights' fees and all other profits and commodities pertaining to the aforesaid manors and soke, to the same bishops, viscount, etc., and to the aforesaid others now deceased, their heirs and assigns, from us and our heirs, by fealty, without paying anything else for them to us or our heirs. Saving always and reserving to us and our heirs the dukes of Lancaster, the advowsons of churches, abbeys, priories, vicarages, chantries, chapels, hospitals and all other ecclesiastical benefices pertaining in any way to the same manors and soke, with the appurtenances. And by our same letters we bound ourselves and our heirs to warrant and defend all the aforesaid with the appurtenances to the same bishops, etc., and their heirs and assigns, as, etc. |
| < Pro eisdem. > | For the same. |
| Ac etiam, per alias litteras nostras patentes sub sigillo nostro predicto, quarum datum est apud castrum nostrum de Wyndesore, vicesimo tercio die Februarii, anno regni nostri vicesimo tercio, dederimus, concesserimus et per easdem litteras confirmaverimus prefatis episcopis, etc., et predictis aliis jam defunctis, per nomina in dictis primis litteris contenta, manerium, dominium de Bernolwike cum pertinenciis in comitatu Ebor'; manerium de Kilborn' cum pertinenciis in eodem comitatu; feodi firmam vocatam Whitgift cum pertinenciis in comitatu predicto. Habenda et tenenda omnia predicta maneria, dominium et feodi firmam cum pertinenciis suis quibuscumque, una cum feodis militum et omnibus aliis proficuis et commoditatibus predictis maneriis, dominio et feodi firme spectantibus sive pertinentibus, eisdem episcopis, etc., heredibus et assignatis suis, de nobis et heredibus nostris, per fidelitatem tantum, absque aliquo alio nobis vel heredibus nostris inde reddendo imperpetuum. Salvis semper et reservatis nobis et heredibus nostris ducibus Lancastr', advocacionibus ecclesiarum, abbatiarum, prioratuum, vicariarum, cantariarum, capellarum, hospitallium et aliorum beneficiorum ecclesiasticorum quorumcumque, eisdem maneriis, dominio et feodi firme cum pertinenciis spectantibus. Et per easdem litteras nostras, obligaverimus nos et heredes nostros ad warantizandum et defendendum eadem maneria, dominium et feodi firmam, ac omnia et singula in eisdem litteris premissa, prefatis episcopis, etc., et predictis aliis jam defunctis, heredibus et assignatis suis, contra omnes gentes. | And also, by our other letters patent under our aforesaid seal, given at our castle of Windsor on 23 February in the twenty-third year of our reign [1445], we gave, granted and by the same letters confirmed to the aforementioned bishops, etc., and the aforesaid others now deceased, by the names given in the aforesaid first letters, the manor [and] lordship of Barnoldswick with the appurtenances in the county of York [now Lancashire]; the manor of Kilbourne with the appurtenances in the same county; the fee-farm called Whitgift with the appurtenances in the aforesaid county. To have and to hold all the aforesaid manors, lordship and fee-farm, with all the appurtenances, together with knights' fees and all other profits and commodities belonging or pertaining to the aforesaid manors, lordship and fee-farm to the same bishops, etc., their heirs and assigns, from us and our heirs, by fealty, without paying anything else to us or our heirs for them forever. Saving always and reserving to us and our heirs the dukes of Lancaster, the advowsons of churches, abbeys, priories, vicarages, chantries, chapels, hospitals and any other ecclesiastical benefices pertaining to the same manors, lordship and fee-farm, with the appurtenances. And by our same letters we bound ourselves and our heirs to warrant and defend the same manors, lordship and fee-farm, and each and every thing stated in the same letters, to the aforementioned bishops, etc., and the aforesaid others now deceased, their heirs and assigns, against all people. |
| < Pro eisdem. > | For the same. |
| Acetiam, per alias litteras nostras patentes, sub sigillo nostro predicto factas, quarum datum est apud castrum nostrum de Wyndesore, vicesimo nono die Junii, anno regni nostri vicesimo tercio, dederimus, concesserimus, et per easdem litteras nostras confirmaverimus prefatis episcopis, etc., et predictis aliis jam defunctis, per nomina in dictis primis litteris contenta, castra, dominia et maneria de Kedwelly, Karkenny, Hiskenny et Karnwalthon, cum membris et pertinenciis suis; castrum, dominium et manerium de Oggemore, cum membris et pertinenciis suis; castra, dominia et maneria de Monmouth, Grosemonde, Skenfirth et Whitcastell, cum membris et pertinenciis suis; manerium et dominium de Elbothe, cum membris et pertinenciis suis, in Southwall' et marchiis ejusdem; castrum, dominium, manerium et honorem de Pevensey, cum membris et pertinenciis suis, in comitatu Sussex; dominium, manerium et villam de Beston super Mare cum membris et pertinenciis suis in comitatu Norff'; castrum, dominium et manerium de Casteldonyngton, cum membris et pertinenciis suis, in comitatu Leyc'; feoda comitatuum Lincoln' et Derb', cum pertinenciis suis; castrum, villam, dominium, manerium et honorem de Tikhull cum membris et pertinenciis suis, [p. v-354][col. a] in comitatu Ebor'. Habenda et tenenda omnia predicta castra, dominia, villa, maneria, honores et feoda comitatuum, cum membris et pertinenciis suis quibuscumque, una cum feodis militum, et omnibus aliis proficuis et commoditatibus, eisdem castris, dominiis, villis, maneriis, honoribus et feodis comitatuum spectantibus sive pertinentibus, eisdem episcopis etc., et predictis aliis jam defunctis, heredibus et assignatis suis, de nobis et heredibus nostris, per fidelitatem tantum, absque aliquo alio nobis vel heredibus nostris inde reddendo. Salvis semper et reservatis nobis et heredibus nostris ducibus Lancastr', advocacionibus ecclesiarum, abbatiarum, prioratuum, vicariarum, cantariarum, capellarum, hospitallium et aliorum beneficiorum ecclesiasticorum quorumcumque, eisdem castris, dominiis, villis, maneriis, honoribus et feodis comitatuum, cum membris et pertinenciis suis, ullo modo spectantibus. Et per easdem litteras, obligaverimus nos et heredes nostros ad warantizandum et defendendum eadem castra, dominia, villas, maneria, honores et feoda comitatuum, ac omnia in eisdem litteris premissa cum pertinenciis, prefatis episcopis, etc., et predictis aliis personis jam defunctis, heredibus et assignatis suis, contra omnes gentes. Quas quidem omnes predictas litteras nostras, auctoritate parliamenti nostri apud Westm', [vicesimo] quinto die Februarii anno regni nostri vicesimo tercio incepti, et usque duodecimum diem Martii anno regni nostri vicesimo quarto, et postea durantis, eodem duodecimo die (fn. v-345-133-1) ratificaverimus, confirmaverimus et approbaverimus ac omnia et singula castra, dominia, maneria, hameletta, feodi firmas, hundreda, molendina, terras, tenementa, redditus, servicia, honores, villas, socas et feoda comitatuum, ac cetera premissa in eisdem litteris contenta, nominata, sive specificata, eisdem episcopis etc., et predictis aliis personis jam defunctis, heredibus et assignatis suis, auctoritate predicta, dederimus et concesserimus. Habenda sibi et heredibus et assignatis suis imperpetuum, ad perficiendum et perimplendum voluntatem nostram, de et super disposicione eorumdem castrorum, dominiorum, maneriorum, hamelettorum, feoda firmarum, hundredorum, molendinorum, terrarum, tenementorum, reddituum, serviciorum, honorum, villarum, socarum, et feodorum comitatuum, ac ceterorum premissorum, per nos tunc imposterum fiendum et ordinandum, eisdem feoffatis nostris predictis ex parte nostra declarandam et notificandam. Salvis quibuscumque ligeis nostris, statu, possessione, jure, titulo et interesse suis, ac vadiis, feodis, annuitatibus, custodiis, officiis et firmis quibuscumque, de dicto ducatu nostro Lancastr', aut aliqua parcella premissorum, si que habuerint in eisdem. | And also, by our other letters patent, made under our aforesaid seal, given at our castle of Windsor on 29 June in the twenty-third year of our reign [1445], we gave, granted, and by our same letters confirmed to the aforementioned bishops, etc., and the aforesaid others now deceased, by the names given in the said first letters, the castles, lordships and manors of Kidwelly, Carreg Cennen, Iscennen and Carnwyllion, with their members and appurtenances; the castle, lordship and manor of Ogmore with its members and appurtenances; the castles, lordships and manors of Monmouth, Grosmont, Skenfrith and White Castle, with their members and appurtenances; the manor and lordship of Ebboth with its members and appurtenances in South Wales and the marches of the same; the castle, lordship, manor and honour of Pevensey with its members and appurtenances in the county of Sussex; the lordship, manor and town of Beeston [Regis] with its members and appurtenances in the county of Norfolk; the castle, lordship and manor of Castle Donington with its members and appurtenances in the county of Leicester; the fees of the counties of Lincoln and Derby with their appurtenances; the castle, town, lordship, manor and honour of Tickhill with its members and appurtenances [p. v-354][col. a] in the county of York. To have and to hold all the aforesaid castles, lordships, towns, manors, honours and fees of counties, with all their members and appurtenances, together with knights' fees and all other profits and commodities belonging or pertaining to the same castles, lordships, towns, manors, honours and fees of counties, to the same bishops, etc., and the aforesaid others now deceased, their heirs and assigns, from us and our heirs by fealty, without paying anything else for them to us or our heirs. Saving always and reserving to us and our heirs the dukes of Lancaster, the advowsons of churches, abbeys, priories, vicarages, chantries, chapels, hospitals and any other ecclesiastical benefices belonging in any way to the same castles, lordships, towns, manors, honours and fees of counties, with their members and appurtenances. And by the same letters we bound ourselves and our heirs to warrant and defend the same castles, lordships, towns, manors, honours and fees of counties, and all the things stated in the same letters, with the appurtenances, to the aforementioned bishops, etc., and the aforesaid others now deceased, their heirs and assigns, against all people. All of which aforesaid letters patent we ratified, confirmed and approved by the authority of our parliament at Westminster, begun on 25 February in the twenty-third year of our reign [1445] and lasting until 12 March and longer in the twenty-fourth year of our reign [1446], on the same twelfth day, (fn. v-345-133-1) and gave and granted all the castles, lordships, manors, hamlets, fee-farms, hundreds, mills, lands, tenements, rents, services, honours, towns, sokes and fees of counties, and the rest of the foregoing contained, named or specified in the same letters to the same bishops, etc., and the aforesaid other persons now deceased, their heirs and assigns, by the aforesaid authority. To have to them and their heirs and assigns forever, to perform and implement our will declared and explained to our same feoffees aforesaid on our behalf, concerning the disposition of the same castles, lordships, manors, hamlets, fee-farms, hundreds, mills, lands, tenements, rents, services, honours, towns, sokes and fees of counties, and the other things stated, to be made and ordained by us in future. Saving to all of our lieges their estate, possession, right, title and interest, and any wages, fees, annuities, custodies, offices and farms from our said duchy of Lancaster, or any parts of the foregoing, which they have in the same. |
| < Pro eisdem. > | For the same. |
| Ac ex certa scientia et mero motu nostris, auctoritate parliamenti nostri apud Westm', duodecimo die Februarii anno regni nostri vicesimo septimo incepti, et usque < decimum sextum > diem Julii, eodem anno, et postea durantis, eodem < decimo > sexto die, (fn. v-345-135-1) dederimus, concesserimus, et carta nostra confirmaverimus, Willelmo Wynton', ac prefatis Thome Bathon' et Wellen', Johanni Wygorn', Waltero Norwic', Johanni Menev', Johanni Lincoln', per nomen Johannis Chedworth clerici, episcopis; necnon prefatis vicecomiti, Radulpho domino de Seudeley, Johanni domino de Beauchamp; necnon Willelmo Westbury, Henrico Seuer, Ricardo Andrewe, Willelmo Say, Roberto Wodelark, Thome Barker, clericis; Edmundo Hungerford militi; Johanni Hampton, Johanni Noreys et Johanni Say, armigeris; ac aliis jam defunctis, heredibus et assignatis suis, castrum, dominium sive manerium de Novo Castro subtus Lymam in comitatu Staff', cum pertinenciis; wapentachium sive socagium de Werkisworth et Assheburn, ac wapentachium de Plumtre et Ryseley, cum singulis eorum pertinenciarum, in comitatu Derb'; wapentachium de Allerton cum pertinenciis; maneria de Laugton, Gryngeley et Wheteley cum pertinenciis, in comitatu Not' et alibi; manerium de Fullmodeston, necnon firmam et redditus ejusdem, in comitatu Norff', cum [col. b] pertinenciis; manerium de Bradford cum pertinenciis: castrum, dominium et manerium de Knaresburgh; maneria de Screven, Rouclyff et Aldelburn; ballivam burgi de Knaresburgh, molendina de Knaresburgh, et forestam sive chaceam de Knaresburgh cum pertinenciis; una cum omnibus et singulis exitibus, firmis, reventionibus, proficuis et [...] commoditatibus de Warfedale, Swyndon, Okeden et Fullwych, cum pertinenciis, ac aliis proficuis dicte foreste quibuscumque; parcum de Haywra, parcum de Bylton et parcum del Hay, cum pertinenciis, cum omnibus et singulis firmis, proficuis, revencionibus et commoditatibus ballive libertatis de Knaresburgh predicte, [memb. 6] [molendina] de Burghbrigge, et wapentachium de Stanclyff cum pertinenciis; castrum, dominium et manerium de Pikeryng cum pertinenciis; manerium de Scalby cum pertinenciis et cum agistamento et omnibus aliis proficuis ejusdem manerii; una cum exitibus, proficuis, revencionibus et commoditatibus ballive libertatis de Pikeryng predicte in comitatu Ebor' et alibi; manerium de Honton cum pertinenciis; manerium de Wodespene cum pertinenciis, in comitatu Berk'; et manerium de Pole cum pertinenciis, in comitatu Wiltes'; necnon omnia et singula terras, tenementa, redditus, < reversiones > et servicia cum pertinenciis, una cum feodis militum, parcis, warennis, chaceis, mineris, piscariis ac omnibus et singulis aliis proficuis et commoditatibus que nobis vel heredibus nostris ducibus Lancastr', racione dictorum castrorum, dominiorum, villarum, maneriorum, socagii, wapentachiorum, ballivarum, terrarum et tenementorum, ac ceterorum premissorum in comitatibus predictis vel alibi, que parcella ducatus nostri Lancastr' predicti tunc extiterunt, pertinebant vel competebant, aut pertinere vel competere tunc possent quovis modo; et que nos aut progenitores vel antecessores nostri duces Lancastr', in eisdem castris, dominiis, < villis, > maneriis, burgo, socagio, wapentachiis, ballivis, terris, tenementis ac ceteris premissis, racione ducatus nostri predicti habere, percipere consuevimus; necnon cum omnibus proficuis, exitibus, revencionibus et emolumentis, de quibus per feodarios nostros, < seu > progenitorum nostrorum vel antecessorum nostrorum ducum Lancastr', comitatibus Sussex', Norff', Somers', Dors', Sutht', Wiltes', Oxon' et Berk' cum pertinenciis, seu aliorum aliquem, nobis seu aliquibus dictorum progenitorum sive antecessorum nostrorum, ante illa tempora responderi usitatum fuerit vel consuetum. | And of our sure knowledge and free will, by authority of our parliament at Westminster begun on 12 February in the twenty-seventh year of our reign [1449], and lasting until 16 July and longer in the same year, on the same sixteenth day, (fn. v-345-135-1) we gave, granted, and by our charter confirmed to William of Winchester, and the aforementioned Thomas of Bath and Wells, John of Worcester, Walter of Norwich, John of St David's, John of Lincoln, by the name of John Chedworth, clerk, bishops; and also the aforementioned viscount, Ralph, Lord Sudeley, John, Lord Beauchamp; and also William Westbury, Henry Sever, Richard Andrew, William Say, Robert Woodlark, Thomas Barker, clerks; Edmund Hungerford, knight; John Hampton, John Norreys and John Say, esquires; and others now deceased, their heirs and assigns, the castle, lordship or manor of Newcastle under Lyme in the county of Stafford with the appurtenances; the wapentake or soke of Wirksworth and Ashbourne, and the wapentake of Plumtree and Risley, with everything pertaining to them, in the county of Derby; the wapentake of Allerton with the appurtenances; the manors of Laughton, Gringley and Wheatley, with the appurtenances, in the county of Nottingham and elsewhere; the manor of Fulmodestone, and also the farm and rents of the same in the county of Norfolk with [col. b] the appurtenances; the manor of Bradford with the appurtenances; the castle, lordship and manor of Knaresborough; the manors of Scriven, Roecliffe and Aldborough; the bailiwick of the borough of Knaresborough, the mills of Knaresborough, and the forest or chase of Knaresborough, with the appurtenances; together with all the issues, farms, revenues, profits and commodities of Wharfedale, Swinton, Oakdale and Fulwith, with the appurtenances, and any other profits of the said forest; the park of Haverah, the park of Bilton and the park of Hay, with the appurtenances, with all the farms, profits, revenues and commodities of the aforesaid bailiwick of the liberty of Knaresborough, [memb. 6] [the mills] of Boroughbridge and the wapentake of Staincliffe, with the appurtenances; the castle, lordship and manor of Pickering with the appurtenances; the manor of Scalby with the appurtenances, and with the agistment and all other profits of the same manor; together with the issues, profits, revenues and commodities of the bailiwick of the liberty of Pickering aforesaid in the county of York and elsewhere; the manor of Hinton with the appurtenances; the manor of Speen with the appurtenances in the county of Berkshire; and the manor of Poole with the appurtenances in the county of Wiltshire; and also all the lands, tenements, rents, reversions and services, with the appurtenances, together with knights' fees, parks, warrens, chases, mining rights, fisheries, and all other profits and commodities which pertained or belonged, or might then have pertained or belonged in any way to us or our heirs the dukes of Lancaster, by reason of the said castles, lordships, towns, manors, soke, wapentakes, bailiwicks, lands and tenements, and the other things stated in the aforesaid counties or elsewhere, which were then part of our aforesaid duchy of Lancaster; and which we or our progenitors or ancestors the dukes of Lancaster were accustomed to have or receive by reason of our aforesaid duchy in the same castles, lordships, towns, manors, borough, soke, wapentakes, bailiwicks, lands, tenements and the other things stated; and also with all the profits, issues, revenues and emoluments for which our feodaries or those of our progenitors or our ancestors the dukes of Lancaster used in the past to answer us or any of our said progenitors or ancestors in the counties of Sussex, Norfolk, Somerset, Dorset, Southampton, Wiltshire, Oxfordshire and Berkshire, with the appurtenances, or any of them. |
| Habenda et tenenda omnia et singula predicta castra, dominia, villas, maneria, socagium, wapentagia, molendina, ballivas, forestam sive chaceam, parcos, agistamentum, terras, tenementa, redditus, reversiones et servicia cum pertinenciis; una cum exitibus, proficuis, revencionibus et commoditatibus, emolumentis et ceteris premissis quibuscumque, prefatis episcopis, etc., et predictis aliis defunctis, heredibus et assignatis suis, a festo Sancti Michelis archangeli tunc ultimo preterito imperpetuum, de nobis et heredibus nostris, per fidelitatem tantum, absque aliquo nobis vel heredibus nostris reddendo; ad inde perficiendum et perimplendum voluntatem nostram, per nos tunc factam et ordinatam, vel per nos super eisdem extunc fiendum et ordinandum; ac eisdem episcopis, etc., et predictis aliis jam defunctis, heredibus et assignatis suis, ex parte nostra declarata et notificata, vel imposterum declarandum vel notificandum. Salvis semper et reservatis nobis et heredibus nostris ducibus Lancastr', advocacionibus ecclesiarum, abbaciarum, prioratuum, vicariarum, cantariarum, capellarum, hospitallium et aliorum beneficiorum ecclesiasticorum quorumcumque, eisdem castris, dominiis, villis, maneriis, terris seu tenementis, aut alicui eorum, ullo modo spectantibus. | To have and to hold each and all of the aforesaid castles, lordships, towns, manors, soke, wapentakes, mills, bailiwicks, forest or chase, parks, agistment, lands, tenements, rents, reversions and services, with the appurtenances; together with the issues, profits, revenues and commodities, emoluments and all the rest of the things stated, to the aforementioned bishops, etc., and the aforesaid others deceased, their heirs and assigns, from Michaelmas then last past forever, from us and our heirs, by fealty, without paying anything to us or our heirs; to perform and implement our will as it was then made and ordained by us, or to be made or ordained by us in future, and to the same bishops, etc., and the aforesaid others now deceased, their heirs and assigns, declared and notified on our behalf, or to be declared or notified in future. Saving always and reserving to us and our heirs the dukes of Lancaster, the advowsons of the churches, abbeys, priories, vicarages, chantries, chapels, hospitals and all other ecclesiastical benefices pertaining in any way to the same castles, lordships, towns, manors, lands or tenements, or any of them. |
| Et eadem auctoritate, obligaverimus nos et heredes nostros ad warantizandum et defendendum predicta castra, dominia, villas, maneria, socagium, wapentachia, molendina, ballivas, forestam, parcos, agistamentum, terras, tenementa, redditus, servicia et reversiones, cum pertinenciis, una cum omnibus et [p. v-355][col. a] singulis aliis premissis, exceptis preexceptis et reservatis, prefatis episcopis etc., et predictis aliis jam defunctis, heredibus et assignatis suis, contra omnes gentes. | And by the same authority, we bound ourselves and our heirs to warrant and defend the aforesaid castles, lordships, towns, manors, soke, wapentakes, mills, bailiwicks, forest, parks, agistment, lands, tenements, rents, services and reversions, with the appurtenances, together with [p. v-355][col. a] all the other things stated, except the former exceptions and reservations, to the aforementioned bishops, etc., and the aforesaid others now deceased, their heirs and assigns, against all people. |
| < Feoffati predicti. > | The aforesaid feoffees. |
| Concesserimus etiam, auctoritate ejusdem parliamenti, quod omnes feoffati nostri predicti in omnibus premissis tunc superstitibus [sic: read 'superstites'] , haberent et excercerent talia et hujusmodi libertates, jura regalia, consuetudines, franchesias, immunitates et privilegia, una cum omnibus et omnimodis proficuis eorumdem, in omnibus et per omnia, ac eis gauderent et utantur, adeo plene et integre sicut nos aut progenitores sive antecessores nostri predicti duces Lancastr', ea unquam plenius seu liberius habuimus seu percepimus. Et quod dicta castra, dominia, honores, ville, maneria, terre, tenementa et cetera premissa quecumque, per tales et hujusmodi officiarios et ministros regerantur et gubernarentur, per quales eadem castra, dominia, ville, honores, maneria, terre, tenementa et cetera premissa, tam tempore nostro, ante concessiones supradictas, quam temporibus aliorum progenitorum seu antecessorum nostrorum predictorum ducum Lancastr', virtute quarumcumque cartarum per progenitores seu predecessores nostros reges Anglie, seu auctoritate aliorum parliamentorum ante illa tempora tentorum facta, uti, habere [sic: read 'haberi'] , ac regi et gubernari consueverunt. | We also granted, by authority of the same parliament, that all our aforesaid feoffees named in all the aforesaid and then surviving, should have and exercise such liberties, royal rights, customs, franchises, immunities and privileges, together with each and every kind of profit from them, in and by everything, and enjoy and use them as fully and completely as we or our aforesaid progenitors or ancestors the dukes of Lancaster ever had or received them fully and freely. And that the said castles, lordships, honours, towns, manors, lands, tenements and all the rest of the things stated, should be ruled and governed by such officers and officials as those by whom the same castles, lordships, towns, honours, manors, lands, tenements and the rest of the things stated were used, had, ruled and governed, both in our time, before the abovesaid grants, and in the times of our other progenitors or ancestors the dukes of Lancaster, by virtue of certain charters made by our progenitors or predecessors the kings of England, or by authority of other parliaments held in the past. |
| < Pro eisdem. > | For the same. |
| Concesserimus etiam, eadem auctoritate, quod omnes et singuli homines, tenentes residentes et alii residentes, de et in predictis castris, dominiis, honoribus, villis, maneriis, socagio, ballivis, wapentachiis, terris et < tenementis, ac aliis possessionibus predictis quibuscumque, talibus hujusmodi franchesiis, libertatibus et privilegiis, adeo plene > et libere gauderent et utantur dummodo eadem castra, honores, dominia, ville, maneria et cetera premissa, in manibus predictorum episcoporum, et aliorum, etc., heredum seu assignatorum suorum, aut eorum alicujus, virtute concessionum predictarum existere contingerent, sive in manibus nostris virtute aliquarum dimissionum inde nobis per eosdem episcopos et alios, etc., vel partem eorum, ante < illa > tempora factarum, aut per eos, heredes seu assignatos suos, vel eorum aliquos, extunc faciendum existere contingeret, quibus et qualibus ac sicut aliqui homines, tenentes residentes, seu alii residentes, in eisdem usi et gavisi fuerunt, temporibus quibus dicta castra, honores, ville, dominia, maneria, socagium, ballive, wapentachia, terre et tenementa, ac cetere possessiones predicte, in manibus nostris, seu aliquorum progenitorum aut antecessorum nostrorum predictorum ducum Lancastr' extiterunt, sine occasione vel impedimento nostri, vel heredum nostrorum, justiciariorum, escaetorum, vicecomitum, coronatorum, aut aliorum ballivorum seu ministrorum nostrorum vel heredum nostrorum quorumcumque: quodque omnia predicta castra, honores, dominia, ville, maneria, socagium, ballive, wapentachia, terre et tenementa, foreste sive chacea, parci, warenne et possessiones, ac cetera premissa quecumque, officiarii et ministri eorumdem castrorum, honorum, dominiorum, villarum, maneriorum, socagii, ballive, terrarum et tenementorum, foreste, chacee, parcorum, warennarum, ac omnium et singulorum possessionum predictorum cum pertinenciis, sub sigillo illo quod pro gubernacione eorumdem ordinavimus, gubernarentur et constituerentur, et non sub aliquo sigillo nostro, et heredum nostrorum ducum Lancastr', nec aliquo alio sigillo, dummodo ipsa in manibus eorumdem episcoporum et aliorum, etc., heredum seu assignatorum suorum, vel eorum alicujus, occasione premissa existerent, sive in manibus nostris virtute aliquarum dimissionum nobis inde per eosdem episcopos et alios, etc., vel partem eorum ante ea tempora factarum, aut per eos, heredes seu assignatos suos, seu eorum aliquos, extunc faciendum ut premittitur existere contingerent. Salvis quibuscumque ligeis nostris possessione, jure, titulo et interesse suis, ac annuitatibus, officiis, vadiis, feodis, custodiis et firmis quibuscumque, [col. b] in seu de dictis castris, dominiis, maneriis et ceteris premissis quibuscumque, aut aliqua parcella eorumdem, que ipsi habuerint seu eorum aliquis habuerit legitime in eisdem. | We also granted, by the same authority, among other things, that all men, resident tenants and other residents of and in the aforesaid castles, lordships, honours, towns, manors, soke, bailiwicks, wapentakes, lands and tenements and all other aforesaid possessions, should enjoy and use such franchises, liberties and privileges of whatever kind as fully and freely while the same castles, honours, lordships, towns, manors and the rest of the things stated, should happen to be in the hands of the aforesaid bishops and others, etc., their heirs or assigns, or any of them, by virtue of the aforesaid grants, or in our hands by virtue of any release made to us before that time by the same bishops and others, etc., or part of them, or to be made by them, their heirs or assigns, or any of them, in such a way and as other men, resident tenants or other residents in the same used and enjoyed them when the said castles, honours, towns, lordships, manors, soke, bailiwicks, wapentakes, lands and tenements, and the rest of the aforesaid possessions, were in our hands, or those of our other progenitors or predecessors aforesaid, the dukes of Lancaster; without interference or hindrance from us or our heirs, justices, escheators, sheriffs, coroners, or any other bailiffs or officials of us or our heirs: and that all the aforesaid castles, honours, lordships, towns, manors, soke, bailiwicks, wapentakes, lands and tenements, forests or chases, parks, warrens and possessions, and all the rest of the things stated, should be governed and managed by the officers and ministers of the same castles, honours, lordships, towns, manors, sokes, bailiwicks, lands and tenements, forests, chaces, parks, warrens, and each and all of the aforesaid possessions, with the appurtenances, under that seal which we ordained for the governance of the same, and not under any of our other seals, or those of our heirs the dukes of Lancaster, or any other seal, while these things are in the hands of the same bishops and others, etc., their heirs or assigns, or any of them, by reason of the foregoing, or in our hands by virtue of any releases made to us by the same bishops and others, etc., or some of them before that time, or subsequently to be made by them, their heirs or assigns, or any of them, as abovesaid. Saving to our lieges their possession, right, title and interest, and any annuities, offices, wages, fees, custodies and farms, [col. b] in or of the said castles, lordships, manors and all the rest of the things stated, or any part of them, which they have or any of them has legitimately in the same. |
| < Pro eisdem. > | For the same. |
| Et quia quam plures de dictis feoffatis ab hac luce migraverint, nos de fidelitate, circumspectione et concienciis Thome Cantuar', Willelmi Ebor', archiepiscoporum; Thome London', Willelmi Wynton', Johannis Roffen', Thome Bathon', Johannis Wygorn', Johannis Hereford', Thome Assaven', Johannis Lincoln', Johannis Landaven', Laurentii Dunelm', Johannis Coventr' et Lychefelden', episcoporum; Jasperis comitis Pembrochie, Johannis comitis Oxon', Henrici comitis Northumbr', Jacobi comitis Wiltes'; Johannis vicecomitis Beaumont; Leonis domini de Welles, Radulphi domini de Sudeley; Johannis Fortescu, militis, Johannis Prisot, militis, Ricardi Tunstall, militis; Ricardi Andrewe, Roberti Wodelark, Willelmi Westbury, Willelmi Myllyngton, Hugonis Damlet, Thome Barker, clericorum; Johannis Hampton, Willelmi Grymmesby et Thome Tresham, armigerorum, plenius confidentes; ac certis de causis necessariis nos intime moventibus, ex certa scientia et mero motu nostris, auctoritate presentis parliamenti nostri, apud Coventr', vicesimo die Novembris, anno regni nostri tricesimo octavo, inchoati et tenti, ordinamus, concedimus et stabilimus, quod predictus status predictorum Walteri Lyhert Norwic', episcopi, Johannis Delabere Menev', episcopi; Johannis domini de Beauchamp; Edmundi Hungerford, militis; Willelmi Say, clerici; Johannis Noreys et Johannis Say, armigerorum; in omnibus premissis et qualibet parcella eorum cesset: quodque predicti Thomas Cantuar', Willelmus Ebor', archiepiscopi; Thomas London', Willelmus Wynton', Johannes Roffen', Thomas Bathon', Johannes Wygorn', Johannes Hereford', Thomas Assaven', Johannes Lincoln', Johannes Landaven', Laurenc' Dunelm', Johannes Coventr' et Lichefelden', episcopi; Jasper comes Pembrochie, Johannes comes Oxon', Henricus comes Northumbr', Jacobus comes Wiltes'; Johannes vicecomes Beaumont; Leo dominus de Welles, Radulphus dominus de Seudeley; Johannes Fortescu, miles, Johannes Prysot, miles, Ricardus Tunstall, miles; Ricardus Andrewe, Robertus Wodelark, Willelmus Westbury, Willelmus Myllyngton, Hugo Damlet, Thomas Barker, clerici; Johannes Hampton, Willelmus Grymmesby et Thomas Tresham, armigeri; habeant statum in omnibus castris, maneriis, dominiis, possessionibus, terris et tenementis, redditibus, serviciis, feodis firmis, feodis comitatuum, libertatibus, fraunchesiis et ceteris premissis quibuscumque, et ea omnia habeant et teneant sibi, heredibus et assignatis suis imperpetuum ad perficiendum et perimplendum inde voluntatem nostram, de et super disposicione eiusdem declarata seu declaranda, de nobis et heredibus nostris, per fidelitatem tantum, pro omnibus serviciis, una cum feodis militum, etc., et aliis proficuis et commoditatibus supradictis quibuscumque, adeo plene et integre, et eisdem modo et forma, sicut nos omnia premissa prefato Willelmo Wynton', ac prefatis Thome Bathon' et Wellen', Johanni Wygorn', Walteri Norwic', Johanni Menev', Johanni Lincoln', per nomen Johannis Chedworth clerici, episcopis; necnon prefatis vicecomiti, Radulpho domino de Seudeley, Johanni domino de Beauchamp; necnon Willelmo Westbury, Henrico Seuer, Ricardo Andrewe, Willelmo Say, Roberto Wodelark, Thome Barker, clericis; Edmundo Hungerford militi; Johanni Hampton, Johanni Noreys et Johanni Say, armigeris, per predictas alias litteras nostras patentes et auctoritate aliorum parliamentorum predictorum, conjunctim dedissemus, concessemus et confirmavissemus. Et nos et heredes nostri, omnia premissa cum pertinenciis, prefatis Thome Cantuar', Willelmo Ebor', archiepiscopis; Thome London', Willelmo Wynton', Johanni Roffen', Thome Bathon', Johanni Wygorn, Johanni [p. v-356][col. a] Hereford', Thome Assaven', Johanni Lincoln', Johanni Landaven', Laurencio Dunelm', Johanni Coventr' et Lichefelden', episcopis; Jasperi comiti Pembrochie, Johanni comiti Oxon', Henrico comiti Northumbr', Jacobo comiti Wiltes'; Johanni vicecomiti Beaumont; Leoni domino de Welles, Radulpho domino de Seudeley; Johanni Fortescu militi, Johanni Prysot militi, Ricardo Tunstall militi; Ricardo Andrewe, Roberto Wodelark, Willelmo Westbury, Willelmo Millyngton, Hugoni Damlet, Thome Barker, clericis; Johanni Hampton, Willelmo Grymmesby et Thome Tresham, armigeris; heredibus et assignatis suis, contra omnes gentes warantizandum imperpetuum. Salvis nobis statum et [titulum] nostrum, quem habemus in premissis, ex dimissione predictorum Willelmi Wynton', Thome Bathon' et Wellen', Johannis Wygorn', Walteri Norwic', Johannis Menev', Johannis Lincoln', episcoporum; necnon prefatorum vicecomitis, Radulphi domini de Seudeley, Johannis domini de Beauchamp; necnon Willelmi Westbury, Henrici Seuer, Ricardi Andrewe, Willelmi Say, Roberti Wodelark, Thome Barker, clericorum; Edmundi Hungerford, militis; Johannis Hampton, Johannis Noreys et Johannis Say, armigerorum. | And because many of the said feoffees have departed this world, we, fully trusting in the fidelity, circumspection and conscience of Thomas of Canterbury, William of York, archbishops; Thomas of London, William of Winchester, John of Rochester, Thomas of Bath, John of Worcester, John of Hereford, Thomas of St Asaph, John of Lincoln, John of Llandaff, Lawrence of Durham, John of Coventry and Lichfield, bishops; Jasper, earl of Pembroke, John, earl of Oxford, Henry, earl of Northumberland, James, earl of Wiltshire; John, Viscount Beaumont; Lionel, Lord Welles, Ralph, Lord Sudeley; John Fortescue, knight, John Prisot, knight, Richard Tunstall, knight; Richard Andrew, Robert Woodlark, William Westbury, William Millington, Hugh Damlet, Thomas Barker, clerks; John Hampton, William Grimsby and Thomas Tresham, esquires; and for certain important reasons deeply concerning us, of our sure knowledge and free will, by authority of our present parliament, begun and held at Coventry on 20 November, in the thirty-eighth year of our reign [1459], ordain, grant and decree that the aforesaid estate of the said Walter Lyhert, bishop of Norwich, John Delabere, bishop of St David's; John, Lord Beauchamp; Edmund Hungerford, knight; William Say, clerk; John Norreys and John Say, esquires; in all the foregoing and each part of them shall cease: and that the aforesaid Thomas of Canterbury, William of York, archbishops; Thomas of London, William of Winchester, John of Rochester, Thomas of Bath, John of Worcester, John of Hereford, Thomas of St Asaph, John of Lincoln, John of Llandaff, Lawrence of Durham, John of Coventry and Lichfield, bishops; Jasper, earl of Pembroke, John, earl of Oxford, Henry, earl of Northumberland, James, earl of Wiltshire; John, Viscount Beaumont; Lionel, Lord Welles, Ralph, Lord Sudeley; John Fortescue, knight, John Prysot, knight, Richard Tunstall, knight; Richard Andrew, Robert Woodlark, William Westbury, William Millington, Hugh Damlet, Thomas Barker, clerks; John Hampton, William Grimsby and Thomas Tresham, esquires; shall have estate in all the castles, manors, lordships, possessions, lands and tenements, rents, services, fee-farms, fees of counties, liberties, franchises and all the rest of the things stated, and shall have and hold all these things to themselves, their heirs and assigns forever of us and our heirs, by fealty, for all services, to perform and implement our will on the terms declared or to be declared; together with knights' fees, etc., and all the other aforesaid profits and commodities, as fully and entirely, and in the same manner and form, as we gave, granted and confirmed all of them jointly to the aforementioned William of Winchester, and the aforementioned Thomas of Bath and Wells, John of Worcester, Walter of Norwich, John of St David's, John of Lincoln, by the name of John Chedworth, clerk, bishops; and also the aforementioned viscount, Ralph, Lord Sudeley, John, Lord Beauchamp; and also William Westbury, Henry Sever, Richard Andrew, William Say, Robert Woodlark, Thomas Barker, clerks; Edmund Hungerford, knight; John Hampton, John Norreys and John Say, esquires, by our other aforesaid letters patent and the authority of the other aforesaid parliaments. And we and our heirs warrant all the things stated with the appurtenances to the aforementioned Thomas of Canterbury, William of York, archbishops; Thomas of London, William of Winchester, John of Rochester, Thomas of Bath, John of Worcester, John [p. v-356][col. a] of Hereford, Thomas of St Asaph, John of Lincoln, John of Llandaff, Lawrence of Durham, John of Coventry and Lichfield, bishops; Jasper, earl of Pembroke, John, earl of Oxford, Henry, earl of Northumberland, James, earl of Wiltshire; John, Viscount Beaumont; Lionel, Lord Welles, Ralph, Lord Sudeley; John Fortescue, knight, John Prysot, knight, Richard Tunstall, knight; Richard Andrew, Robert Woodlark, William Westbury, William Millington, Hugh Damlet, Thomas Barker, clerks; John Hampton, William Grimsby, and Thomas Tresham, esquires, their heirs and assigns, against all people forever. Saving to us our estate and title, which we have in the aforesaid, by the release of the aforesaid William of Winchester, Thomas of Bath and Wells, John of Worcester, Walter of Norwich, John of St David's, John of Lincoln, bishops; and also of the aforementioned viscount, Ralph, Lord Sudeley, John, Lord Beauchamp; and also William Westbury, Henry Sever, Richard Andrew, William Say, Robert Woodlark, Thomas Barker, clerks; Edmund Hungerford, knight; John Hampton, John Norreys and John Say, esquires. |
| Insuperque, auctoritate presentis parliamenti, ordinamus, volumus et stabilimus quod omnia exitus, proficua et emolumenta, de omnibus premissis, necnon de arreragiis eorumdem, ultra onera ea incumbencia provenientes, in nullos alios usus convertantur, nisi tantomodo in perficionem et complementum voluntatis nostre, super disposicione eiusdem per nos declarata vel imposterum declaranda; quamvis nos premissa vel aliquod premissorum ad terminum diutiorem, ex dimissione predictorum Thome Cantuar', Willelmi Ebor', archiepiscoporum; < Thome London', Willelmi Wynton', > Johannis Roffen', Thome Bathon', Johannis Wygorn', Johannis Hereforden', Thome Assaven', Johannis Lincoln', Johannis Landaven', Laurentii Dunelm', Johannis Coventren' et Lichefeld, episcoporum; Jasperis comitis Pembrochie, Johannis comitis Oxon', Henrici comitis Northumbr', Jacobi comitis Wiltes'; Johannis vicecomitis Beaumont; Leonis domini de Welles, Radulphi domini de Seudeley; Johannis Fortescu, militis, Johannis Prysot, militis, Ricardi Tunstall, militis; Ricardi Andrewe, Roberti Wodelark, Willelmi Westbury, Willelmi Millyngton, Hugonis Damlet, Thome Barker, clericorum; Johannis Hampton, Willelmi Grymmesby et Thome Tresham, armigerorum, ad certum terminum habuerimus in futuro. | And moreover, by authority of the present parliament, we ordain, will and decree that all the issues, profits and emoluments arising from all the things stated, and also from their arrears, after necessary expenses have been met, be used for no other purpose than the performance and implementation of our will, on the terms declared by us or to be declared in future; even if we shall at any point have the aforesaid or any of the aforesaid for a longer time, by the release of the aforesaid Thomas of Canterbury, William of York, archbishops; Thomas of London, William of Winchester, John of Rochester, Thomas of Bath, John of Worcester, John of Hereford, Thomas of St Asaph, John of Lincoln, John of Llandaff, Lawrence of Durham, John of Coventry and Lichfield, bishops; Jasper, earl of Pembroke, John, earl of Oxford, Henry, earl of Northumberland, James, earl of Wiltshire; John, Viscount Beaumont; Lionel, Lord Welles, Ralph, Lord Sudeley; John Fortescue, knight, John Prysot, knight, Richard Tunstall, knight; Richard Andrew, Robert Woodlark, William Westbury, William Millington, Hugh Damlet, Thomas Barker, clerks; John Hampton, William Grimsby and Thomas Tresham, esquires. |
| < Pro eisdem. > | For the same. |
| Insuper, auctoritate presentis parliamenti nostri, ordinamus, concedimus et stabilimus, quod predicti Thomas Cantuar', Willelmus Ebor', archiepiscopi; Thomas London', Willelmus Wynton', Johannes Roffen', Thomas Bathon', Johannes Wygorn', Johannes Hereford', Thomas Assaven', Johannes Lincoln', Johannes Landaven', Laurentius Dunelm', Johannes Coventren' et Lichefeld, episcopi; Jasper comes Pembrochie, Johannes comes Oxon', Henricus comes Northumbr', Jacobus comes Wiltes'; < Johannes vicecomes Beaumont; Leo dominus de Welles, Radulphus dominus de Sewedelee; Johannes Fortescu miles, Johannes Prysot, miles, Ricardus > Tunstall, miles; Ricardus Andrewe, Robertus Wodelark, Willelmus Westbury, Willelmus Millyngton, Hugo Damlet, Thomas Barker, clerici; Johannes Hampton, Willelmus Grymmesby et Thomas Tresham, armigeri; heredes et assignati sui, habeant, gaudeant et excerceant, in omnibus premissis, et circa omnia premissa quodque nos omnia premissa vel aliquod premissorum ex dimissione predictorum Willelmi Wynton', Thome Bathon' et Wellen', Johannis Wygorn', Walteri Norwic', Johannis Menev', Johannis Lincoln', episcoporum; necnon prefatorum vicecomitis, Radulphi domini de Seuedeley, Johannis domini de Beauchamp; necnon Willelmi Westbury, Henrici Seuer, Ricardi Andrewe, [col. b] Willelmi Say, Roberti Wodelark, Thome Barker, clericorum; Edmundi Hungerford, militis; Johannis Hampton, Johannis Norys, et Johannis Say, armigerorum, heredum vel assignatorum suorum, habentes, vel si emptiorem terminum in premissis habuerimus, habebimus, gaudemus et exceremus, in omnibus premissis, et circa omnia premissa; quodque omnes dicti homines, tenentes residentes et alii residentes, similiter habeant et gaudeant et excerceant, omnia libertates, fraunchesias, privilegia, jura regalia, consuetudines, immunitates supradicta: ac etiam quod omnia et singula premissa, juxta ordinaciones supradictas et non aliter gubernentur et conserventur. Salvis quibuscumque ligeis nostris possessione, jure, titulo et interesse suis, ac annuitatibus, officiis, vadiis, feodis, custodiis et firmis quibuscumque, in seu de premissis aut de qualibet parcella inde, que ipsi habent seu eorum aliquis habet legitime in eisdem. (fn. v-345-142-1) | Moreover, by the authority of our present parliament, we ordain, concede and decree that the aforesaid Thomas of Canterbury, William of York, archbishops; Thomas of London, William of Winchester, John of Rochester, Thomas of Bath, John of Worcester, John of Hereford, Thomas of St Asaph, John of Lincoln, John of Llandaff, Lawrence of Durham, John of Coventry and Lichfield, bishops; Jasper, earl of Pembroke, John, earl of Oxford, Henry, earl of Northumberland, James, earl of Wiltshire; John, Viscount Beaumont; Lionel, Lord Welles, Ralph, Lord Sudeley; John Fortescue, knight, John Prysot, knight, Richard Tunstall, knight; Richard Andrew, Robert Woodlark, William Westbury, William Millington, Hugh Damlet, Thomas Barker, clerks; John Hampton, William Grimsby and Thomas Tresham, esquires; their heirs and assigns, shall have, enjoy and exercise, in and with regard to all the things stated everything that we should have had, enjoyed and exercised in and with regard to the foregoing or any part of them by the release of the said William of Winchester, Thomas of Bath and Wells, John of Worcester, Walter of Norwich, John of St David's, John of Lincoln, bishops; and also the aforementioned viscount, Ralph, Lord Sudeley, John, Lord Beauchamp; and also William Westbury, Henry Sever, Richard Andrew, [col. b] William Say, Robert Woodlark, Thomas Barker, clerks; Edmund Hungerford, knight; John Hampton, John Norys, and John Say, esquires; their heirs or assigns; and that all the said men, resident tenants and other residents shall likewise have and enjoy and exercise all liberties, franchises, privileges, royal rights, customs, immunities aforesaid: and also that each and all of the foregoing shall be governed and maintained according to the aforesaid ordinances and not otherwise. Saving to all our lieges their possession, right, title and interest, and any annuities, offices, wages, fees, custodies and farms, in or of the aforesaid or of any part thereof, which they have or any of them has legitimately in the same. (fn. v-345-142-1) |
| Qua quidem [peticione] in parliamento predicto lecta, audita et plenius intellecta, de avisamento et assensu dominorum spiritualium et temporalium, ac communitatis regni Anglie, in dicto parliamento existentium, respondebatur eidem in forma sequenti: | When this petition had been read, heard and fully understood in the aforesaid parliament, by the advice and assent of the lords spiritual and temporal, and the commons of the kingdom of England being in the said parliament, it was answered in the following form: |
| Le roy, de l'advis et assent des seignours espirituelx et temporelx, et lez communes, en cest son parlement tenuz a Coventre, le vintisme jour de Novembre, l'an de son reigne trent < cep > tisme assemblez, et par l'auctorite de mesme le parlement, ad grauntee tout le contenue en cest cedule especifiez: et sur ceo ad commaunde sez lettrez patentz affairez en due fourme, se mester y soit. | The king, by the advice and assent of the lords spiritual and temporal, and the commons, being in this his parliament held at Coventry on 20 November, in the thirty-seventh year of his reign [ recte thirty-eighth (1459)] and by authority of the same parliament, has granted everything detailed in this schedule: and thereupon he has ordered his letters patent to be made in due form, if need be. |
| [memb. 7] | |
| Pro Edwardo principe Wallie, duce Cornub' et comite Cestrie, etc. | For Edward, prince of Wales, duke of Cornwall and earl of Chester, etc. |
| 29. Item, quedam alia petitio exhibita fuit prefato domino regi, in parliamento predicto, sub eo qui sequitur tenore verborum: | 29. Item, another petition was presented to the aforementioned lord king, in the aforesaid parliament, in the following words: |
| To the kyng oure soveraigne lord, besecheth mekely youre moost humble furstbegoten sonne Edward prince of Wales, duke of Cornwaille and erle of Chestre, that where Kyng Edward the III de , somtyme kyng of Englond, youre full noble progenitour, created his furstbegoten sonne Edward, duke of Cornwaill and erle of Chestre: and by thassent and counseill of prelats, dukes, erles, barons and othir in his plain parlement, the .xvij. day of Marche, the .xi. yere of his reigne, made to and for his said furstbegoten sonne, grauntes, ordinaunces, annexions and unions, by his letters patentes, accordyng to this tenour here ensewyng: (fn. v-345-152-1) | To the king our sovereign lord, your most humble first-born son Edward, prince of Wales, duke of Cornwall and earl of Chester meekly prays that where King Edward III, once king of England, your most noble progenitor, created his first-born son Edward, duke of Cornwall and earl of Chester: and by the assent and counsel of the prelates, dukes, earls, barons and others in his full parliament, on 17 March, in the eleventh year of his reign [1337], made to and for his said first-born son, grants, ordinances, annexations and unions, by his letters patent, according to the tenor here following: (fn. v-345-152-1) |
| Edwardus, Dei gratia, rex Anglie, dominus Hibernie, et dux Acquitanie, archiepiscopis, episcopis, abbatibus, prioribus, comitibus, baronibus, justiciariis, vicecomitibus, prepositis, ministris, et omnibus ballivis et fidelibus suis, salutem. Inter cetera regni insignia, illud arbitramur fore potissimum ut ipsum ordinum, dignitatum et officium distribucione congrua vallatum sanis fulciatur consiliis et robustorum potenciis teneatur plurimis: itaque gradibus hereditariis in regno nostro, tum per descensum hereditatum secundum legem regni ejusdem, ad coheredes et participes, tum deficiente exitu, et aliis eventibus variis ad manus regias devolutis, passum est adiu in nominibus, honoribus et graduum dignitate defectum multiplicem dictum regnum. Nos igitur ea per que regnum nostrum decorari, idemque regnum ac sancta ejusdem ecclesia, alie eciam terre nostre subjecte domino contra hostium et adversariorum conatus securius et decencius defensari, paxque nostra inter nostros ubique subditos conservari illesa poterunt, meditacione solicita intuentes, ac loca ejusdem regni insignia pristinis insigniri honoribus cupientes, nostreque considerationis intuitus ad personam < dilecti > [p. v-357][col. a] et fidelis nostri Edwardi comitis Cestrie, filii nostri primogeniti, intimius convertentes; volentes que personam ejusdem honorari, eidem filio nostro nomen et honorem ducis Cornubie, de communi assensu et consilio prelatorum, comitum, baronum, et aliorum de consilio nostro, in presenti parliamento nostro apud Westm', die lune proximo post festum Sancti Mathie Apostoli proximum preteritum convocato existentium, dedimus; ipsumque in ducem Cornubie prefecimus, et gladio cinximus sicut decet. Et ne in dubium verti poterit aliqualiter in futuro, quid aut quantum idem dux, seu alii duces dicti loci qui pro tempore fuerint, nomine ducatus predicti habere debeant, omnia in speciale que ad ipsum ducatum pertinere volumus hac carta nostra duximus inserenda. | Edward, by the grace of God, king of England, lord of Ireland, and duke of Aquitaine, to his archbishops, bishops, abbots, priors, earls, barons, justices, sheriffs, reeves, officials and all his bailiffs and faithful men, greeting. Among the dignities of the realm, the one we judge to be the most potent is that, fortified by a fitting distribution of titles, dignities and offices, it may be supported by wise counsels and upheld by many powerful magnates: but because of inherited dignities in our kingdom descending by hereditary descent according to the law of the same kingdom to coheirs and being shared out, or by lack of issue and various other chances coming into the king's hands, the said kingdom has long suffered a severe lack of titles, honours and the dignity of degrees. We, therefore, giving careful consideration to those things through which our kingdom may be adorned, and the same kingdom and its holy church, and also other lands subject to our lordship, more securely and appropriately defended against the attempts of enemies and adversaries, and peace among our subjects, wherever they may be, preserved intact, and desiring to honour distinguished places of the same realm with their former honours, and turning our mind more seriously to the person [p. v-357][col. a] of our beloved and faithful Edward, earl of Chester, our first-born son, wishing that his person be honoured, we gave to our same son the name and honour of duke of Cornwall, by the common assent and advice of the prelates, earls, barons and others of our council, assembled in our present parliament at Westminster, on the Monday after the feast of St Matthew the Apostle last [23 September 1336]; and we made him duke of Cornwall, and girded him with a sword as was fitting. And so that there could be no doubt in future as to what or how much the same duke, or other dukes of the said place at the time, ought to have in the name of the aforesaid duchy, we wish to insert in detail in this our charter the things which we consider to pertain to the same duchy. |
| Dedimus itaque et concessimus pro nobis et heredibus nostris, et hac presenti carta nostra confirmavimus eidem filio nostro, sub nomine et honore ducis dicti loci, castra, maneria, terras et tenementa, et alia subscripta; ut ipse statum et honorem dicti ducis juxta generis sui nobilitatem valeat continere, et onera in hac parte incumbencia facilius supportare; videlicet, vicecomitatum Cornubie cum pertinenciis. Ita quod prefatus dux, et alii duces ejusdem loci pro tempore existentes, vicecomitem predicti comitatus Cornubie pro voluntate sua faciant et constituant, et facere et constituere possint, ad excercendum et faciendum officium vicecomitis ibidem, sicut hactenus fieri consuevit, sine occasione vel impedimento nostri vel heredum nostrorum imperpetuum: necnon castrum, burgum, manerium et honorem de Launceneton, cum parco ibidem, et aliis pertinenciis suis in comitatibus Cornubie et Devonie; castrum et manerium de Tremeton, cum villa de Saltessh, ac parco ibidem, et aliis pertinenciis suis in comitatibus predictis; castrum, burgum et manerium de Tyntagell, cum pertinenciis in dicto comitatu Cornubie; castrum et manerium de Rostormell, cum parco ibidem, et aliis pertinenciis suis in eodem comitatu; ac manerium de Clymmeslond, cum parco de Kerribullok et aliis pertinenciis suis; Tybeste, cum balliva de Poudershire, et aliis pertinenciis suis; Tewynton cum pertinenciis; Helleston in Kerier cum pertinenciis; Moresk cum pertinenciis; Tewernaill cum pertinenciis; Pengkneth cum pertinenciis; Penlyn cum parco ibidem, et aliis pertinenciis suis; Rellaton, cum bedelaria de Estwyvelshire, et aliis pertinenciis suis; Helleston in Trygshire, cum parco de Hellesbury et aliis pertinenciis suis; Lyskeret cum parco ibidem et aliis pertinenciis suis; Calystok, cum piscaria ibidem, et aliis pertinenciis suis: et Talskydy cum pertinenciis in eodem comitatu Cornubie; et villam de Lostwithiell in eodem comitatu, cum molendinis ibidem, et aliis pertinenciis suis; ac prisas et custumas nostras vinorum in eodem comitatu Cornubie; necnon omnia proficua portuum nostrorum infra eundem comitatum Cornubie ad nos spectancia; simul cum wrecco maris, tam de balena et sturione et aliis piscibus que ad nos ratione prerogative nostre spectant, quam aliis quibuscumque ad wreccum maris hujusmodi qualitercumque pertinentibus, in toto predicti comitatus Cornubie; ac proficua et emolumenta comitatuum tentorum in predicto comitatu Cornubie, ac hundredorum et curiarum eorumdem in comitatu illo ad nos spectantia; necnon stannariam nostram in eodem comitatu Cornubie, una cum cunagio ejusdem stannarie, et cum omnibus exitibus et proficuis inde provenientibus; ac etiam expleciis, proficuis et perquisitis curiarum stannarie et minere in eodem comitatu, exceptis dumtaxat mille marcis, quas dilecto et fideli nostro Willelmo de Monte Acuto, comiti Sar', concessimus pro nobis et heredibus nostris, percipiendis sibi et heredibus suis masculis de corpore suo legitime procreatis, de exitibus et proficuis cunagii antedicti, quousque castrum et manerium de Toubrigge cum pertinenciis in comitatu Wiltes', et maneria de Aldeburn, Ambresbury et Wynterbourn cum pertinenciis in eodem comitatu, et manerium de Caneford cum pertinenciis in comitatu Dors', et maneria de Hengstrigg et Charleton cum pertinenciis [col. b] in comitatu Somers', que dilectus et fidelis noster Johannes de Warenna comes Surr', et Johanna uxor ejus tenent ad terminum vite eorumdem, et que post mortem ipsorum ad nos et heredes nostros reverti deberent; post decessum eorumdem comitis et Johanne, prefato comiti Sar' et heredibus masculis de corpore suo legitime procreatis, in valorem octingentarum marcarum per annum, concessimus remanere; et ducente marcate terre et redditus, quas eidem comiti Sar' habendas in forma predicta providere concessimus, devenerint ad manus suas. Ac etiam stannariam nostram in predicto comitatu Devonie, cum cunagio, et omnibus exitibus et proficuis ejusdem; ac etiam expleciis, proficuis et perquisitis curiarum ejusdem stannarie; ac aquam de Dertmouth in eodem comitatu; et annuam firmam viginti librarum civitatis nostre Exon'; ac prisas et custumas nostras vinorum in aqua de Sutton in eodem comitatu Devon'; necnon castrum de Walyngford, cum hamelettis et membris suis, et annuam firmam ville de Walyngford, cum honoribus de Walyngford et de Sancto Walerico, cum pertinenciis in comitatu Oxon', et aliis comitatibus ubicumque honores illi fuerint; ac castrum, manerium et villam de Berkhamsted, cum parco ibidem, una cum honore < de > Berkhamsted in comitatibus Hertf', Buk et North', et aliis pertinenciis suis: et manerium de Byflet, cum parco ibidem, et aliis pertinenciis suis in comitatu Surr'. | We therefore gave and granted for us and our heirs, and by this our present charter confirmed to our same son, in the name and honour of duke of the said place, the castles, manors, lands and tenements and other things listed below; so that he would be able to maintain the estate and honour of the said duke according to the nobility of his nature, and the more easily support the charges incumbent upon him; namely, the shrievalty of Cornwall with the appurtenances. The aforementioned duke, and other dukes of the same place at the time, may make and appoint, and be able to make and appoint, the sheriff of the aforesaid county of Cornwall at will, to exercise and perform the office of sheriff there, as has been done until now, without interference or obstruction by us or our heirs forever; and also the castle, borough, manor and honour of Launceston, with the park there, and its other appurtenances, in the counties of Cornwall and Devon; the castle and manor of Trematon, with the town of Saltash, and the park there, and their other appurtenances, in the aforesaid counties; the castle, borough and manor of Tintagel with the appurtenances in the said county of Cornwall; the castle and manor of Restormel, with the park there, and its other appurtenances, in the same county; and the manor of Climsland, with the park of Kellybullock, and its other appurtenances; Tybesta, with the bailiwick of Powdershire, and its other appurtenances; Tewington with the appurtenances; Helston in Kirrier with the appurtenances; Moresk with the appurtenances; Tywarnhaile with the appurtenances; Penkneth with the appurtenances; Penlyne, with the park there, and its other appurtenances; Rillaton, with the office of beadle of East Wivelshire, and its other appurtenances; Helstone in Triggshire, with the park of Helsbury, and its other appurtenances; Liskeard with the park there, and the other appurtenances; Calstock, with the fishery there, and its other appurtenances: and Talskiddy with the appurtenances in the same county of Cornwall; and the town of Lostwithiel in the same county, with the mills there, and its other appurtenances; and our prises and customs on wines in the same county of Cornwall; and also all profits belonging to us from our ports within the same county of Cornwall; together with wreck of sea, both whale and sturgeon and other fish which pertain to us by reason of our prerogative, as well as all other things pertaining in any way to wreck of sea throughout the aforesaid county of Cornwall; and the profits and emoluments of the county courts held in the aforesaid county of Cornwall, and of the hundreds and their courts belonging to us in that county; and also our stannary in the same county of Cornwall, together with the coinage of the same stannary, and with all the issues and profits coming from them; and also the revenues, profits and perquisites of the courts of the stannary and mine in the same county, except for the 1,000 marks which we granted to our beloved and faithful William Montagu, earl of Salisbury, for us and our heirs, to be had by him and the heirs male of his body legitimately begotten, from the issues and profits of the aforesaid coinage, until the castle and manor of Trowbridge with the appurtenances in the county of Wiltshire, and the manors of Aldbourne, Amesbury and Winterbourne, with the appurtenances, in the same county, and the manor of Canford with the appurtenances in the county of Dorset, and the manors of Henstridge and Charlton, with the appurtenances, [col. b] in the county of Somerset, which our beloved and faithful John de Warenne, earl of Surrey, and Joan his wife hold for term of their lives, and which after their death should revert to us and our heirs; the reversion of which after the death of the same earl and Joan we have granted to the aforementioned earl of Salisbury and the heirs male of his body legitimately begotten to the value of 80 marks a year; and until 200 marks' worth of land and rent, which we granted to the same earl of Salisbury on the aforesaid terms, should fall into his hands. And also our stannary in the aforesaid county of Devon, with the coinage [of tin] and all the issues and profits of the same; and also the revenues, profits and perquisites of the courts of the same stannary; and the water of Dartmouth in the same county; and the annual farm of £20 of our city of Exeter; and the prises and customs of our wines in the water of Sutton in the same county of Devon. And also the castle of Wallingford, with its hamlets and members, and the annual farm of the town of Wallingford, with the honours of Wallingford and of St Valery, with the appurtenances, in the county of Oxford, and in the other counties wherever these honours may be; and the castle, manor and town of Berkhamstead, with the park there, together with the honour of Berkhamstead in the counties of Hertford, Buckingham and Northampton, and their other appurtenances; and the manor of Byfleet, with the park there, and its other appurtenances, in the county of Surrey. |
| Habenda et tenenda eidem duci, et ipsius et heredum suorum regum Anglie filiis primogenitis, et dicti loci ducibus, in regno Anglie hereditarie successuris, una cum feodis militum, advocacionibus ecclesiarum, abbaciarum, prioratuum, hospitalium, capellarum, et cum hundredis, piscariis, forestis, chaceis, parcis, boscis, warennis, feriis, mercatis, libertatibus, liberis consuetudinibus, wardis, releviis, escaetis, et serviciis tenencium tam liberorum quam nativorum, et omnibus aliis ad predicta castra, burgos, villas, maneria, honores, stannarias et cunagia, terras et tenementa qualitercumque et ubicumque spectantibus sive pertinentibus, de nobis et heredibus nostris imperpetuum: simul cum quatuor viginti libris annue firme, quas dilectus et fidelis noster Johannes de Meere nobis per annum ad totam vitam suam solvere tenetur pro castro et manerio de Meere, cum pertinenciis in comitatu Wiltes', sibi ad terminum vite sue habendas per nos concessis, percipiendas singulis annis, per manus ejusdem Johannis ad totam vitam suam; et cum predictis mille marcis annuis prefato comiti Sar', de exitibus cunagii predicti per nos sic concessis, post adeptam per ipsum vel dictos heredes suos masculos de corpore suo procreatos, seisinam dictorum castri et manerii de Toubrigg, ac maneriorum de Aldeburn, Ambresbury, Wynterbourn, Caneford, Hengstrigg, Charleton, post mortem eorumdem comitis Surr' et Johanne; ac dictarum ducentarum marcatarum terre et redditus, eidem comiti Sar' et dictis heredibus suis masculis de corpore suo procreatis sic providendum, pro rata porcionis eorumdem castri, maneriorum, terrarum et tenementorum, cum integraliter vel particulariter ad manus ejusdem comitis Sar' vel dictorum heredum suorum masculorum de corpore suo procreatorum devenerint. Concessimus insuper pro nobis et heredibus nostris, et hac carta nostra confirmavimus, quod castrum et manerium de Knaresburgh, cum hamelettis et membris suis, ac honore de Knaresburgh in comitatu Ebor', et aliis comitatibus ubicumque honor ille fuerit; et manerium de Istilworth, cum pertinenciis in comitatu Midd', que Philippa regina Anglie, consors nostra carissima, ad terminum vite sue; ac castrum et manerium de Lydeford cum pertinenciis, et cum chacea de Dertemore cum pertinenciis in dicto comitatu Devonie; et manerium de Bradenessh cum pertinenciis in eodem comitatu, que dilectus et fidelis noster Hugo d'Audele comes Glouc', et Margareta uxor ejus, ad terminum vite ejusdem Margarete; ac dicta castrum et manerium de Meere cum pertinenciis, que prefatus [p. v-358][col. a] Johannes sic ad vitam suam tenent ex concessione nostra, et que post mortem eorumdem regine, Margarete et Johannis, ad nos et heredes nostros reverti deberent; post decessum prefate regine, videlicet, dicta castrum et manerium de Knaresburgh, cum honore, hamelettis et membris suis predictis, et aliis pertinenciis suis, ac manerium de Istilworth cum pertinenciis: et post mortem predicte Margarete, dicta castrum et manerium de Lydeford, cum dicta chacea de Dertemore, et aliis pertinenciis suis, et manerium de Bradenessh cum pertinenciis: et post obitum predicti Johannis, dicta castrum et manerium de Meere cum pertinenciis, remaneant prefato duci, et ipsius ac heredum suorum regum Anglie filiis primogenitis, et dicti locis ducibus, in regno Anglie hereditarie ut predicitur successuris. | To have and to hold to the same duke, and to the first-born sons of himself and his heirs the kings of England, and to the dukes of the said place who will succeed by inheritance in the kingdom of England, together with knights' fees, advowsons of churches, abbeys, priories, hospitals, chapels, and with hundreds, fisheries, forests, chases, parks, woods, warrens, fairs, markets, liberties, free customs, wards, reliefs, escheats, and the services of tenants both free and villein, and all other things relating or pertaining to the aforesaid castles, boroughs, towns, manors, honours, stannaries and coinage, lands and tenements whatever and wherever, from us and our heirs forever: together with £80 of annual farm, which our beloved and faithful John de Mere is bound to pay to us each year throughout his life for the castle and manor of Mere with the appurtenances in the county of Wiltshire, to have to himself for term of his life as granted by us, to receive it each year by the hands of the same John for the whole of his life; and with the aforesaid 1,000 marks a year granted by us to the aforementioned earl of Salisbury, from the issues of the aforesaid coinage after he or the said heirs male of his body receive seisin of the said castle and manor of Trowbridge, and the manors of Aldbourne, Amesbury, Winterbourne, Canford, Henstridge and Charlton, after the death of the same earl of Surrey and Joan; and of the said 200 marks of lands and rents, thus provided to the same earl of Salisbury and the said heirs male of his body, in proportion to the share of the same castle, manors, lands and tenements, which, whether fully or partly, shall have come into the hands of the same earl of Salisbury or the said heirs male begotten of his body. We also granted for us and our heirs, and by this our charter have confirmed, that the castle and manor of Knaresborough, with its hamlets and members, and the honour of Knaresborough in the county of York and in the other counties wherever that honour may be; and the manor of Isleworth with the appurtenances in the county of Middlesex, which Philippa, queen of England, our most beloved consort, [holds] for term of her life; and the castle and manor of Lydford with the appurtenances, and with the chase of Dartmoor with the appurtenances in the said county of Devon; and the manor of Bradninch with the appurtenances in the same county, which our beloved and faithful Hugh Audley, earl of Gloucester, and Margaret his wife hold for term of the life of the same Margaret; and the said castle and manor of Mere with the appurtenances, which the aforementioned [p. v-358][col. a] John thus holds for life by our grant, and which after the death of the same queen, Margaret and John, should revert to us and our heirs: namely, after the death of the aforementioned queen the said castle and manor of Knaresborough, with its honour, hamlets and members aforesaid and its other appurtenances, and the manor of Isleworth with the appurtenances; and after the death of the aforesaid Margaret, the said castle and manor of Lydford, with the said chase of Dartmoor and its other appurtenances, and the manor of Bradninch with the appurtenances; and after the death of the aforesaid John, the said castle and manor of Mere with the appurtenances, shall remain to the aforementioned duke, and the first-born sons of himself and his heirs the kings of England, and to the dukes of the said place who will succeed by inheritance in the kingdom of England as said above. |
| Habenda et tenenda, una cum feodis militum, advocacionibus ecclesiarum, abbatiarum, prioratuum, hospitalium, capellarum, et cum hundredis, wapentachiis, piscariis, forestis, chaceis, parcis, boscis, warennis, feriis, mercatis, libertatibus, liberis consuetudinibus, wardis, releviis, escaetis, et serviciis tenencium tam liberorum quam nativorum, et omnibus aliis ad eadem castra, maneria et honorem qualitercumque et ubicumque spectantibus sive pertinentibus, de nobis similiter et heredibus nostris imperpetuum. Que quidem omnia castra, burgos, villas, maneria, honorem, stannarias et cunagia, firmas Exon' et Walyngford, terras et tenementa, prout superius specificantur, simul cum feodis, advocationibus, et omnibus aliis supradictis, prefato ducatui presenti carta nostra pro nobis et heredibus nostris annectimus et unimus, eidem imperpetuum remansuri. Ita quod ab eodem ducatu aliquo tempore nullatenus separentur, nec alicui seu aliquibus aliis quam dicti loci ducibus, per nos vel heredes nostros donentur seu quomodolibet concedantur. Ita etiam quod prefato duce, seu aliis ejusdem loci ducibus decedentibus, et filio seu filiis, ad quos dictus ducatus pretextu concessionum nostrarum predictarum spectare dinoscitur, tunc non apparentibus; idem ducatus, cum castris, burgis, villis et omnibus aliis supradictis, ad nos vel heredes nostros reges Anglie revertatur, in manibus nostris et ipsorum heredum nostrorum regum Anglie retinendum, quousque de hujusmodi filio seu filiis, in dicto regnie [sic: read 'regno'] Anglie hereditarie successuris, appareat ut dictum est; quibus tunc successive ducatum illum cum pertinenciis, pro nobis et heredibus nostris concedimus et volumus liberari; tenendum prout superius est expressum. Concessimus insuper pro nobis et heredibus nostris, et hac carta nostra confirmavimus, prefato duci, quod idem dux et dicti ipsius ac heredum suorum filii primogeniti, duces dicti loci, imperpetuum habeant liberam warennam in omnibus dominicis terris castrorum et maneriorum, et aliorum locorum predictorum, dum tamen terre ille non sint infra metas foreste nostre. Ita quod nullus intret terras illas ad fugandum in eis, vel ad aliquid capiendum quod ad warennam pertineat sine licencia et voluntate ipsius ducis, et aliorum ducum ejusdem loci, sub forisfactura nostra decem librarum. | To have and to hold, together with knights' fees, advowsons of churches, abbeys, priories, hospitals, chapels, and with hundreds, wapentakes, fisheries, forests, chases, parks, woods, warrens, fairs, markets, liberties, free customs, wards, reliefs, escheats and services of tenants both free and villein, and everything else belonging or pertaining to the same castles, manors and honour however and wherever, from us and similarly our heirs forever. All of which castles, boroughs, towns, manors, honours, stannaries and coinage, the farms of Exeter and Wallingford, lands and tenements, as listed above, together with fees, advowsons, and all the abovementioned, we annex to and unite with the aforementioned duchy by our present charter for us and our heirs, to remain to the same forever. So that they may never be separated in any way from the same, or given or in any way granted by us or our heirs to anyone or any others apart from the dukes of the said place. So that, moreover, should the aforementioned duke, or other dukes of the same place, die without leaving a son or sons to whom the said duchy might pertain by virtue of our aforesaid grants; the same duchy, with castles, boroughs, towns and all other things mentioned above, shall revert to us or our heirs the kings of England, to be retained in our hands and those of our heirs, kings of England, until a son or sons succeeding by inheritance in the kingdom of England appears, as said above, to whom then successively we grant and will that the duchy and appurtenances be delivered, for us and our heirs; to be held as described above. Furthermore, we granted for us and our heirs, and by this charter have confirmed to the aforementioned duke, that the same duke and the first-born sons of himself and his heirs, dukes of the said place, should have free warren forever in all the demesne lands of the castles and manors, and the other aforesaid places, so long as those lands are not within the boundaries of our forest. So that no one should enter those lands to hunt or to take anything that should pertain to the warren without the licence and agreement of the duke himself and the other dukes of the same place, under our forfeiture of £10. |
| Quare volumus et firmiter precipimus, pro nobis et heredibus nostris, quod dictus dux habeat et teneat sibi, et ipsius ac heredum suorum regum Anglie filiis primogenitis, et ejusdem loci ducibus, in dicto regno Anglie hereditarie ut predicitur successuris, predictum vicecomitatum Cornubie, cum pertinenciis. Ita quod ipse et alii duces predicti, vicecomitem predicti comitatus Cornubie pro voluntate sua faciant et constituant, et facere et constituere possint, ad excercendum et faciendum officium vicecomitis ibidem, sicut hactenus fieri consuevit, sine occasione vel impedimento nostri, vel heredum nostrorum imperpetuum; necnon predicta castrum, burgum, manerium et honorem de Launceneton; castrum et manerium de Tremeton, cum villa de Saltessh; castrum, burgum et manerium de Tyntagell; castrum et manerium de Rostormell, ac maneria de [col. b] Clymmeslond, Tybest, Tewynton, Helleston in Kerier, Moresk, Tewarnaill, Pengkneth, Penlyn, Rellaton, Helleston in Trygshire, Lyskeret, Calystok, Talskydy, et villam de Lostwithiell cum pertinenciis suis, simul cum parcis, balliva, bedellaria, piscaria, et aliis supradictis in predicto comitatu Cornubie; ac predicta prisas, custumas et proficua portuum predictorum, simul cum dicto wrecco maris; ac dicta proficua et emolumenta comitatus, hundredorum et curiarum predictorum ad nos spectancia; ac dictam stannariam in eodem comitatu Cornubie, una cum cunagio ejusdem stannarie, et cum omnibus exitibus et proficuis inde provenientibus; ac etiam expleciis, proficuis et perquisitis dicte curie, exceptis dumtaxat dictis mille marcis, quas dilecto et fideli nostro Willelmo de Monte Acuto, comiti Sar', concessimus pro nobis et heredibus nostris, percipiendas sibi et heredibus suis masculis de corpore suo legittime procreatis, de exitibus et proficuis cunagii antedicti, quousque dicta castrum et manerium de Toubrigg cum pertinenciis, ac dicta maneria de Aldebourn, Ambresbury, et Wynterbourn cum pertinenciis, et dicta maneria de Hengstrygg et Charleton cum pertinenciis, que prefati comes Surr' et Johanna uxor ejus tenent ad terminum vite eorumdem, et que post mortem ipsorum, ad nos et heredes nostros reverti deberent; post decessum eorumdem comitis et Johanne, prefato comiti Sar' et heredibus masculis de corpore suo legitime procreatis, in valorem octingentarum marcarum per annum, concessimus remanere; et dicte ducente marcate terre et redditus, quas eidem comiti Sar' habendas in forma predicta providere concessimus, devenerint ad manus suas sicut predictum est; ac dictam stannariam in predicto comitatu Devonie, cum cunagio et omnibus exitibus et proficuis ejusdem; ac etiam expleciis, proficuis et perquisitis curie ejusdem stannarie; aquam de Dertemuth, et dictam annuam firmam viginti librarum dicte civitatis Exon', [...] dictas prisas et custumas vinorum in aqua de Sutton in eodem comitatu Devonie; necnon castrum de Walyngford, cum hamelette [sic: read 'hamelettis'] et membris suis; annuam firmam ville de Walyngford, cum dictis honoribus de Walyngford et de Sancto Walerico; castrum, manerium et villam de Berkhampsted, cum dicto honore de Berkhampsted, et manerium de Byflete, cum parcis et aliis pertinenciis suis predictis; una cum feodis militum, advocacionibus ecclesiarum, abbaciarum, prioratuum, hospitalium, capellarum, et cum hundredis, piscariis, forestis, chaceis, parcis, boscis, warennis, feriis, mercatis, libertatibus, liberis consuetudinibus, wardis, releviis, escaetis, et serviciis tenentium tam liberorum quam nativorum, et omnibus aliis ad predicta castra, burgos, villas, maneria, honores, stannarias et cunagia, terras et tenementa qualitercumque et ubicumque spectantibus sive pertinentibus, de nobis et heredibus nostris imperpetuum; simul cum dictis quatuor viginti libris annue firme, quas predictus Johannes de Meere nobis per annum ad totam vitam suam solvere tenetur pro dictis castro et manerio de Meere, sibi ad terminum vite sue habendas per nos concessis, percipiendas singulis annis, per manus ejusdem Johannis ad totam vitam suam; et etiam cum predictis mille marcis annuis, habendis comiti Sar' de exitibus cunagii predicti per nos sic concessis, post adeptam per ipsum, vel dictos heredes suos masculos de corpore suo procreatos, seisinam dictorum castri et manerii de Toubrigg, ac maneriorum de Aldebourn, Ambresbury, Wynterbourn, Caneford, Hengstrigg et Charleton, post mortem eorumdem comitis Surr' et Johanne; ac dictarum ducentarum marcatarum terre et redditus, eidem comiti Sar' et dictis heredibus suis masculis de corpore suo procreatis sic providendarum, pro rata porcionis eorumdem castri, maneriorum, terrarum et tenementorum, cum integraliter vel particulariter ad manus ejusdem comitis Sar' vel dictorum heredum suorum masculorum de corpore suo procreatorum devenerint [p. v-359][col. a] ut est dictum. Et quod predicta castrum et manerium de Knaresburgh, cum hamelettis et membris suis, ac honore de Knaresburgh, et manerium de Istilworth cum pertinenciis, post mortem prefate consortis nostre; castrum et manerium de Lydeford cum pertinenciis, et cum dictis chacea de Dertemore cum pertinenciis, et manerium de Bradenessh cum pertinenciis, post decessum predicte Margarete; ac castrum et manerium de Meere cum pertinenciis, post mortem prefati Johannis de Meere, remaneant prefato duci. Habenda et tenenda sibi et ipsius ac heredum suorum regum Anglie filiis primogenitis, et ejusdem loci ducibus, in regno Anglie ut predicitur hereditarie successuris, una cum feodis militum, advocacionibus ecclesiarum, abbaciarum, prioratuum, capellarum, et cum hundredis, wapentachiis, piscariis, forestis, chaceis, parcis, boscis, warennis, feriis, mercatis, libertatibus, liberis consuetudinibus, wardis, releviis, escaetis, et serviciis tenencium tam liberorum quam nativorum, et omnibus aliis ad eadem castra, maneria et honorem qualitercumque et ubicumque spectantibus sive pertinentibus, de nobis similiter et heredibus nostris imperpetuum sicut predictum est. | Wherefore we will and firmly order, for us and our heirs, that the said duke should have and hold to him, and to the first-born sons of him and his heirs the kings of England, and the dukes of the same place who will succeed by inheritance in the said kingdom of England as aforesaid, the aforesaid shrievalty of Cornwall with the appurtenances. So that he and the other aforesaid dukes shall make and appoint, and be able to make and appoint at will, the sheriff of the aforesaid county of Cornwall, to exercise and perform the office of sheriff there, as used to be done until now, without interference or hindrance from us or our heirs forever; and also the aforesaid castle, borough, manor and honour of Launceston; the castle and manor of Trematon, with the town of Saltash; the castle, borough and manor of Tintagel; the castle and manor of Restormel, and the manors of [col. b] Climsland, Tybesta, Tewington, Helston in Kirrier, Moresk, Tywarnhaile, Penkneth, Penlyne, Rillaton, Helstone in Triggshire, Liskeard, Calstock, Talskiddy, and the town of Lostwithiel, with their appurtenances, together with parks, bailliwicks, offices of beadle, fisheries, and the other things aforesaid in the aforesaid county of Cornwall; and the aforesaid prises, customs and profits of the aforesaid ports, together with the said wreck of sea; and the said profits and emoluments of the county, hundreds and courts of the aforesaid pertaining to us; and the said stannery in the same county of Cornwall, together with the coinage of the same stannary, and with all issues and profits coming from them; and also the revenues, profits and perquisites of the said court, except for the said 10,000 marks which we granted for us and our heirs to our beloved and faithful William Montagu, earl of Salisbury, to receive to him and the heirs male of his body legitimately begotten from the issues and profits of the aforesaid coinage, until the said castle and manor of Trowbridge with the appurtenances, and the said manors of Aldbourne, Amesbury and Winterbourne, with the appurtenances, and the said manors of Henstridge and Charlton, with the appurtenances, which the aforementioned earl of Surrey and Joan his wife hold for term of their lives, and which after their death should revert to us and our heirs; which after the death of the same earl and Joan his wife we have granted to remain to the aforementioned earl of Salisbury and the heirs male of his body legitimately begotten, to the value of 800 marks a year; and until the said 200 marks of land and rent which we granted to the same earl of Salisbury on the same terms shall come into his hands as said above; and the said stannary in the aforesaid county of Devon, with the coinage [of tin] and all issues and profits of the same; and also the revenues, profits and perquisites of the court of the same stannary; the water of Dartmouth, and the said annual farm of £20 of the said city of Exeter, the said prises and customs on wines in the water of Sutton in the same county of Devon; and also the castle of Wallingford, with its hamlets and members; the annual farm of the town of Wallingford, with the said honours of Wallingford and of St Valery; the castle, manor and town of Berkhamstead, with the said honour of Berkhamstead, and the manor of Byfleet, with its parks and other appurtenances aforesaid; together with knights' fees, advowsons of churches, abbeys, priories, hospitals, chapels, and with hundreds, fisheries, forests, chases, parks, woods, warrens, fairs, markets, liberties, free customs, wards, reliefs, escheats and the services of tenants, both free and villein, and all other things however and wherever belonging or pertaining to the aforesaid castles, boroughs, towns, manors, honours, stannaries and coinage, lands and tenements, for us and our heirs forever; together with the said £80 of annual farm which the aforesaid John de Mere is bound to pay us each year for his whole life for the said castle and manor of Mere, granted by us to have to him for term of his life, to receive it each year by the hands of the same John throughout his life; and also with the aforesaid 1,000 marks a year, granted by us to the earl of Salisbury from the issues of the aforesaid coinage, after he or his said heirs male of his body have received seisin of the said castle and manor of Trowbridge, and the manors of Aldbourne, Amesbury, Winterbourne, Canford, Henstridge and Charlton, after the death of the same earl of Surrey and Joan; and of the said 200 marks of land and rent, thus provided for the same earl of Salisbury and the said heirs male begotten of his body, in proportion to the share of the same castles, manors, lands and tenements, which, whether fully or partly, shall have come into the hands of the same earl of Salisbury or the said heirs male begotten of his body [p. v-359][col. a] as said above. And that the aforesaid castle and manor of Knaresborough, with its hamlets and members, and the honour of Knaresborough, and the manor of Isleworth, with the appurtenances, after the death of our aforementioned consort; the castle and manor of Lydford, with the appurtenances, and with the said chase of Dartmoor with the appurtenances, and the manor of Bradninch with the appurtenances, after the death of the aforesaid Margaret; and the castle and manor of Mere, with the appurtenances, after the death of the aforementioned John de Mere, shall remain to the aforementioned duke. To have and to hold to him and the first-born sons of him and his heirs the kings of England, and the dukes of the same place, who will succeed by inheritance in the kingdom of England as said above, together with knights' fees, advowsons of churches, abbeys, priories, chapels, and with hundreds, wapentakes, fisheries, forests, chases, parks, woods, warrens, fairs, markets, liberties, free customs, wards, reliefs, escheats, and services of tenants both free and villein, and all other things however and wherever belonging or pertaining to the same castles, manors and honour, from us and similarly our heirs forever as said above. |
| Que quidem omnia castra, burgos, villas, maneria et honores, stannarias et cunagia, firmas Exon' et Walyngford, terras et tenementa, prout superius specificantur, simul cum feodis, advocacionibus et omnibus aliis supradictis, prefato ducatui presenti carta nostra, pro nobis et heredibus nostris, annectimus et unimus, eidem imperpetuum remansura. Ita quod ab eodem ducatu aliquo tempore nullatenus separentur, nec alicui seu aliquibus aliis quam dicti loci ducibus, per nos vel heredes nostros donentur seu quomodolibet concedantur. Ita eciam quod prefato duce, seu aliis ejusdem loci ducibus decedentibus, et filio seu filiis, ad quos dictus ducatus pretextu concessionum nostrarum predictarum spectare dinoscitur, tunc non apparentibus; idem ducatus, cum castris, burgis, villis, et omnibus aliis supradictis, ad nos et heredes nostros reges Anglie revertatur, in manibus nostris et ipsorum heredum nostrorum regum Anglie retinendum, quousque de hujusmodi filio seu filiis in dicto regno Anglie hereditarie successuris appareat ut est dictum, quibus tunc successive ducatum illum cum pertinenciis, pro nobis et heredibus nostris concedimus et volumus liberari, tenendum prout superius est expressum. Et quod idem dux, et dicti ipsius ac heredum suorum filii primogeniti, [memb. 8] duces dicti loci, imperpetuum habeant liberam warennam in omnibus dominicis terris predictis, dum tamen terre ille non sint infra metas foreste nostre. Ita quod nullus intret terras illas ad fugandum in eis, vel ad aliquid capiendum quod ad warennam pertineat, sine licencia et voluntate ipsius, et aliorum ducum ejusdem loci, sub forisfactura nostra decem librarum sicut predictum est. Hiis testibus, venerabilibus J. Cant' archiepiscopo, totius Anglie primate, cancellario nostro; Henrico Lincoln' episcopo, thesaurario nostro; Ricardo Dunolm' episcopo; Johanne de Warenna comite Surr', Thoma de Bello Campo comite Warr'; Thome Wake de Lydel, Johanne de Moubray, Johanne Darcy le neveu, senescallo hospicii nostri; et aliis. Datum per manum nostram apud Westm', .xvij. mo die Martii, anno regni nostri undecimo. | All of which castles, boroughs, towns, manors and honours, stannaries and coinage [of tin], farms of Exeter and Wallingford, lands and tenements, as listed above, together with fees, advowsons and all other things aforesaid, we annex to and unite with the aforementioned duchy by our present charter, for us and our heirs, to remain to the same forever. So that they may never be separated from the same duchy at any time, or given or in any way granted by us or our heirs to anyone or any others apart from to the dukes of the said place. So that, moreover, should the aforementioned duke, or other dukes of the same place, die without leaving a son or sons to whom the said duchy might pertain by virtue of our aforesaid grants; the same duchy, with castles, boroughs, towns and all other things mentioned above, shall revert to us or our heirs the kings of England, to be retained in our hands and those of our heirs the kings of England, until a son or sons succeeding by inheritance in the kingdom of England appears, as said above, to whom then successively we grant and will that the duchy and appurtenances be delivered, for us and our heirs, to be held as described above. And that the same duke, and the said first-born sons of himself and his heirs, [memb. 8] dukes of the said place, shall have free warren forever in all the aforesaid demesne lands, as long as those lands are not within the boundaries of our forest. So that no one shall enter those lands to hunt or to take anything which should pertain to the warren, without the licence and agreement of the duke himself and the other dukes of the same place, under our forfeiture of £10, as said above. Witnessed by the venerable John, archbishop of Canterbury, primate of all England, our chancellor; Henry, bishop of Lincoln, our treasurer; Richard, bishop of Durham; John of Warenne, earl of Surrey, Thomas Beauchamp, earl of Warwick; Thomas Wake of Liddel, John Mowbray, John Darcy the nephew, steward of our household; and others. Given by our hand at Westminster, on 17 March, in the eleventh year of our reign [1337]. |
| Per ipsum regem et totum consilium in parliamento. | By the king and all the council in parliament. |
| < Pro eisdem. > | For the same. |
| And after that, in the seid parlement, by thassent and counseill foresaid, by his other letters patentes beryng date the .xviij. th day of Marche than next folowyng, [the kyng] made declaracions, grauntes, ordynauncez, annexions and confirmacions, unto and for his said furstbegoten sonne, accordyng to this tenoure here folowyng: | And afterwards, in the said parliament, by the assent and counsel aforesaid, by his other letters patent dated 18 March next following, [the king] made declarations, grants, ordinances, annexations and confirmations, to and for his said first-born son, according to the tenor here following: |
| Edwardus, Dei gratia, rex Anglie, dominus Hibernie, et dux Aquitan', archiepiscopis, episcopis, [col. b] abbatibus, prioribus, comitibus, baronibus, justiciariis, vicecomitibus, prepositis, ministris, et omnibus ballivis et fidelibus suis, salutem. Sciatis quod cum nos nuper personam dilecti et fidelis nostri Edwardi comitis Cestr', filii nostri primogeniti, honorare volentes, eidem filio nostro nomen et honorem ducis Cornubie, de communi assensu et consilio prelatorum, comitum, baronum et aliorum de consilio nostro, in presenti parliamento nostro apud Westm', die lune proximo post festum Sancti Mathie Apostoli proximum preteritum convocato existentium, dederimus; ipsumque in ducem Cornubie prefecerimus, < et > gladio cinxerimus sicut decet. Et ut ipse statum et honorem ducis decencius juxta generis sui nobilitatem valeat continere et onera in ea parte incumbencia facilius supportare, dederimus et concesserimus per cartam nostram, pro nobis et heredibus nostris, eidem filio nostro, sub nomine et honore ducis dicti loci, vicecomitatum Cornubie cum pertinenciis, ac castrum, burgum, manerium et honorem de Launceneton, cum parco ibidem, et aliis pertinenciis suis in comitatibus Cornubie et Devonie; castrum et manerium de Tremeton, cum villa de Saltessh, ac parco ibidem, et aliis pertinenciis suis in comitatibus predictis; castrum, burgum et manerium de Tyntagell, cum pertinenciis in dicto comitatu Cornubie; castrum et manerium de Rostormell, cum parco ibidem, et aliis pertinenciis suis in eodem comitatu: ac maneria de Clymmeslond, cum parco de Keribullok, et aliis pertinenciis suis; Tybest, cum balliva de Poudershire, et aliis pertinenciis suis; Tewynton cum pertinenciis; Helleston in Kerier cum pertinenciis; Moresk cum pertinenciis; Tewernaill cum pertinenciis; Pengkneth cum pertinenciis; Penlyn, cum parco ibidem, et aliis pertinenciis suis; Rellaton, cum beddellaria de Estwyvelshire, et aliis pertinenciis suis; Helleston in Trigshire, cum parco de Hellesby, et aliis pertinenciis suis; Lyskeret, cum parco ibidem, et aliis pertinenciis suis; Calystok, cum piscaria ibidem et aliis pertinenciis suis: et Talskdy cum pertinenciis in eodem comitatu Cornubie; et villam de Lostwithiel in eodem comitatu, cum molendinis ibidem < et > aliis pertinenciis suis; ac prisas et custumas nostras vinorum in eodem comitatu Cornubie; necnon omnia proficua portuum nostrorum infra eundem comitatum Cornubie ad nos spectancia, simul cum wrecco maris, tam de balena et sturione et aliis piscibus, que ad nos racione prerogative nostre spectant, quam aliis quibuscumque ad wreccum maris hujusmodi qualitercumque pertinentibus, in toto predicto comitatu Cornubie; ac proficua et emolumenta comitatuum tentorum in predicto comitatu Cornubie, et hundredorum et curiarum earumdem in comitatu illo ad nos spectancia; necnon stannariam nostram in eodem comitatu Cornubie, una cum cunagio ejusdem stannarie, et cum omnibus exitibus et proficuis inde provenientibus; ac etiam expleciis, proficuis et perquisitiis curiarum stannarie et minere in eodem comitatu: exceptis dumtaxat mille marcis, quas dilecto et fideli nostro Willelmo de Monte Acuto, comiti Sar', concessimus pro nobis et heredibus nostris, percipiendas sibi et heredibus suis masculis de corpore suo legitime procreatis, de exitibus et proficuis cunagii antedicti, sub certa forma in alia carta nostra eidem duci inde confecta plenius annotata. Habenda et tenenda eidem duci, et ipsius ac heredum suorum regum Anglie filiis primogenitis, et ducibus dicti loci, in regno Anglie hereditarie successuris, una cum feodis militum, advocacionibus ecclesiarum, abbaciarum, prioratuum, hospitalium, capellarum, et cum hundredis, piscariis, forestis, chaceis, parcis, boscis, warennis, feriis, mercatis, libertatibus, liberis consuetudinibus, wardis, releviis, escaetis, et serviciis tenentium tam liberorum quam nativorum, et omnibus aliis ad predicta castra, villas, maneria, honorem, stannarias, cunagia, terras et tenementa qualitercumque et ubicumque spectantibus sive pertinentibus; simul cum quibusdam aliis maneriis, terris et tenementis, in diversis aliis [p. v-360][col. a] comitatibus regni nostri, de nobis et heredibus nostris imperpetuum, prout in dicta alia carta plenius continetur. | Edward, by the grace of God, king of England, lord of Ireland, and duke of Aquitaine, to the archbishops, bishops, [col. b] abbots, priors, earls, barons, justices, sheriffs, reeves, officials, and all his bailiffs and faithful men, greeting. Know that where we recently wishing to honour the person of our beloved and faithful Edward, earl of Chester, our first-born son, gave to our same son the name and honour of duke of Cornwall, by the common assent and advice of the prelates, earls, barons and others of our council, in our present parliament assembled at Westminster, on the Monday after the feast of St Matthew the Apostle last [23 September 1336]; and we appointed him duke of Cornwall, and girded him with a sword as is fitting. And so that he might maintain the estate and honour of duke more worthily according to the nobility of his nature, and the more easily support the charges incumbent upon him, we gave and granted by our charter, for us and our heirs, to our same son, under the name and honour of duke of the said place, the shrievalty of Cornwall with the appurtenances, and the castle, borough, manor and honour of Launceston, with the park there, and its other appurtenances, in the counties of Cornwall and Devon; the castle and manor of Trematon, with the town of Saltash, and the park there, and its other appurtenances, in the aforesaid counties; the castle, borough and manor of Tintagel, with the appurtenances, in the said county of Cornwall; the castle and manor of Restormel, with the park there and its other appurtenances in the same county: and the manor of Climsland, with the park of Kellybullock and its other appurtenances; Tybesta, with the bailiwick of Powdershire and its other appurtenances; Tewington with the appurtenances; Helston in Kirrier with the appurtenances; Moresk with the appurtenances; Tywarnhaile with the appurtenances; Penkneth with the appurtenances; Penlyne, with the park there and its other appurtenances; Rillaton, with the office of beadle of East Wivelshire and its other appurtenances; Helstone in Triggshire, with the park of Helsbury and its other appurtenances; Liskeard, with the park there and its other appurtenances; Calstock, with the fishery there and its other appurtenances; and Talskiddy with the appurtenances in the same county of Cornwall; and the town of Lostwithiel in the same county, with the mills there and its other appurtenances; and our prises and customs on wines in the same county of Cornwall; and also all profits belonging to us from our ports within the same county of Cornwall, together with wreck of sea, both whale and sturgeon and other fish which pertain to us by reason of our prerogative, as well as all other things pertaining in any way to wreck of sea throughout the aforesaid county of Cornwall; and the profits and emoluments of the county courts held in the aforesaid county of Cornwall, and of the hundreds and their courts in that county belonging to us; and also our stannary in the same county of Cornwall, together with the coinage of the same stannary, and with all the issues and profits coming from them; and also the revenues, profits and perquisites of the courts of the stannary and the mine in the same county: except for the 1,000 marks which we granted to our beloved and faithful William Montagu, earl of Salisbury, for us and our heirs, to have to him and the heirs male of his body legitimately begotten, from the issues and profits of the aforesaid coinage, on terms more fully noted in another charter of ours made to the same duke. To have and to hold to the same duke, and the first-born sons of him and his heirs the kings of England, and the dukes of the said place who will succeed by inheritance in the kingdom of England, together with knights' fees, advowsons of churches, abbeys, priories, hospitals, chapels, and with hundreds, fisheries, forests, chases, parks, woods, warrens, fairs, markets, liberties, free customs, wards, relief, escheats and services of tenants both free and villein, and all other things however or wherever belonging or pertaining to the aforesaid castles, towns, manors, honour, stannaries, mints, lands and tenements; together with certain other manors, lands and tenements, in various other [p. v-360][col. a] counties of our kingdom, from us and our heirs forever, as is more fully contained in the said other charter. |
| Nos volentes prefato duci, pro hujusmodi honore uberius supportando, graciam in hac parte facere ampliorem, concessimus pro nobis et heredibus nostris quod prefatus dux, et ipsius ac heredum suorum regum Anglie filii primogeniti, duces dicti loci, in regno Anglie hereditarie successuri, imperpetuum habeant returna omnium brevium nostrorum et heredum nostrorum, ac summonicionum de scaccario nostro et heredum nostrorum, ac attachiamenta tam de placitis corone, quam de aliis quibuscumque, in dictis omnibus terris et tenementis, ac feodis suis, in predicto comitatu Cornubie. Ita quod nullus vicecomes vel aliis [sic: read 'alius'] ballivus seu minister noster vel heredum nostrorum terras vel tenementa seu feoda illa ingrediatur, ad execuciones eorumdem brevium et summonicionum, seu attachiamenta de placitis corone vel aliis predictis, ad aliquod aliud officium ibidem faciendum nisi in defectum ipsius ducis, et aliorum ducum ejusdem loci predictorum, et ballivorum et ministrorum suorum in terras, [sic: read 'terris'] tenementis et feodis suis predictis: et etiam quod habeant catalla hominum et tenencium suorum, in < toto > comitatu predicto, felonum et fugitivorum. Ita quod si quis hominum vel tenencium suorum eorumdem, pro delicto suo vitam vel membrum debeat amittere, vel fugerit et judicio stare noluerit, vel aliud quodcumque delictum fecerit pro quo catalla sua perdere debeat, ubicumque justicia de eo fieri debeat, sive in curia nostra vel heredum nostrorum, sive in alia curia, ipsa catalla sint ipsius ducis et aliorum ducum predictorum. | We wishing to do the aforementioned duke fuller grace in this matter, so that he might the better maintain this honour, granted for us and our heirs that the aforementioned duke, and the first-born sons of him and his heirs the kings of England, dukes of the said place who will succeed by inheritance in the kingdom of England, should have forever the return of all writs of us and our heirs, and of the summons of our exchequer and that of our heirs, and attachments both of pleas of crown and of all others, in all the said lands and tenements, and their fees, in the aforesaid county of Cornwall. So that no sheriff or other bailiff or agent of us or our heirs shall enter those lands or tenements or fees to execute the same writs and summons, or make attachments of the pleas of the crown or others aforesaid, or to perform any other office there, unless because of the default of the duke and of the other aforesaid dukes of the same place, and their bailiffs and agents in their lands, tenements and fees aforesaid; and also that they shall have the chattels of their men and tenants throughout the aforesaid county, who are felons and fugitives. So that if any one of their men or tenants of the same for his own offence should lose life or limb, or flee and not stand to judgment, or commit any other offence for which he should lose his chattels, wherever justice on this ought to be done, whether in our court or that of our heirs, or in another court, those chattels shall fall to the duke and the other dukes aforesaid. |
| Et quod liceat eis seu ministris suis, sine impedimento nostri et heredum nostrorum, vicecomitum ac aliorum ballivorum seu ministrorum nostrorum quorumcumque, ponere se in seisinam de catallis predictis, et ea ad usum ipsius ducis et aliorum ducum predictorum retinere. Ac etiam quod habeant imperpetuum, omnes fines pro transgressionibus et aliis delictis quibuscumque; et eciam fines pro licencia concordandi, ac omnia emerciamenta, redempciones, exitus forisfactos, ac forisfacturas, annum, diem et vastum, et streppum, et omnia que ad nos et heredes nostros pertinere poterunt, de hujusmodi anno, die et vasto, et murdris, de omnibus hominibus et tenentibus, de terris, tenementis et feodis suis predictis, in dicto comitatu Cornubie, in quibuscumque curiis nostris et heredum nostrorum homines et tenentes illos, tam coram nobis et heredibus nostris, et in cancellaria nostra et heredum nostrorum, ac coram thesaurario et baronibus nostris et heredum nostrorum de scaccario, et coram justiciariis nostris et heredum nostrorum de banco, ac coram senescallo et marescallo et clerico mercati hospicii nostri et heredum nostrorum, qui pro tempore fuerint, et aliis curiis nostris et heredum nostrorum, quam coram justiciariis itinerantibus ad communia placita, et ad placita foreste, et quibuscumque aliis justiciariis et ministris nostris et heredum nostrorum, tam in presencia nostra et heredum nostrorum, quam in absencia nostra et heredum nostrorum, fines facere vel amerciari, exitus forisfacere, annum, diem, vastum, seu forisfacturas et murdra adjudicari contigerit; que fines, amerciamenta, redempciones, exitus, annus, dies, vastum, sive streppum, forisfacture et murdra, ad nos vel heredes nostros possent pertinere si prefato duci et aliis ducibus predictis concessa non fuissent. Ita quod idem dux, et alii duces predicti, per se vel per ballivos et ministros suos, fines, amerciamenta, redempciones, exitus et forisfacturas hujusmodi hominum et tenencium suorum predictorum, et omnia que ad nos et heredes nostros pertinere poterunt de anno, die et vasto, sive streppo, et murdris predictis, levare, percipere et habere possint, sine occasione vel impedimento nostri, et heredum nostrorum, justiciariorum, escaetorum, vicecomitum, coronatorum, ac aliorum ballivorum seu ministrorum nostrorum quorumcumque. | And that it shall be lawful for them or their agents, without obstruction by us or our heirs, our sheriffs and any other bailiffs or agents, to take seisin of the aforesaid chattels, and keep them to the use of the duke and the other dukes aforesaid. And moreover that they shall have forever all fines for trespasses and any other offences; and also fines for permission to reach a settlement and all amercements, redemptions, issues of forfeitures past and future, year, day and waste, and estrepement, and everything which ought to pertain to us and our heirs, from this year, day and waste, and murder-fines, from all men and tenants, from their lands, tenements and fees aforesaid in the said county of Cornwall, in whichever of our courts and those of our heirs both before us and our heirs, and in our chancery and that of our heirs, and before our treasurer and barons of the exchequer and those of our heirs, and before our justices of the bench and those of our heirs, and before the steward and marshal and clerk of the market of our household and that of our heirs, at the time, and our other courts and those of our heirs, both before justices in eyre, of common pleas, and pleas of the forest, and any other justices and officials of ours and our heirs, both in the presence of us and our heirs, and in the absence of us and our heirs, those men and tenants shall happen to be adjudged to make fine or be amerced, or to forfeit issues, year, day, waste, or forfeitures and murder-fines; which fines, amercements, redemptions, issues, year, day, waste, or estrepement, forfeitures and murder-fines would pertain to us or our heirs if they had not been granted to the aforementioned duke and the other dukes aforesaid. So that the same duke, and the other dukes aforesaid, in person or through their bailiffs and agents, may levy, receive and have the fines, amercements, redemptions, issues and forfeitures of these their aforesaid men and tenants, and everything which would pertain to us and our heirs from year, day and waste, or estrepement, and the murder-fines aforesaid, without interference or obstruction by us, and our heirs, our justices, escheators, sheriffs, coroners and any other bailiffs or agents. |
| [col. b] | |
| Quare volumus et firmiter precipimus, pro nobis et heredibus nostris, quod prefatus dux, et alii duces ejusdem loci predicti pro tempore existentes, imperpetuum habeant libertates predictas sicut predictum est, et eis, ac earum qualibet, de cetero plene gaudeant et utantur. Hiis testibus venerabilibus patribus Johanne archiepiscopo Cant', totius Anglie primate, cancellario nostro; Henrico episcopo Lincoln', thesaurario nostro; Rogero Coventren' et Lichefeld' episcopo; Thoma comite Norff' et marescallo Anglie, avunculo nostro carissimo; Ricardo Arundell et Thoma Warr', comitibus; Thoma Wake de Lydell, Johanne de Moubray, Johanni Darcy le neveu, senescallo hospicii nostri; et aliis. Datum per manum nostram apud' Westm', .xviij. o die Martii, anno regni nostri undecimo. | Wherefore we will and strictly order, for us and our heirs, that the aforementioned duke, and the other dukes of the same place aforesaid at the time, shall have the said liberties as abovesaid forever, and also fully enjoy and use them and each of them. Witnessed by the venerable fathers John, archbishop of Canterbury, primate of all England, our chancellor; Henry, bishop of Lincoln, our treasurer; Roger, bishop of Coventry and Lichfield; Thomas, earl of Norfolk and marshal of England, our beloved uncle; Richard Arundel and Thomas Warwick, earls; Thomas Wake of Liddel, John de Mowbray, John Darcy the nephew, steward of our household; and others. Given by our hand at Westminster, on 18 March, in the eleventh year of our reign [1337]. |
| Per ipsum regem et totum consilium in parliamento. | By the same king and all the council in parliament. |
| < Pro eodem. > | For the same. |
| And after that, by his other letters patentes, beryng date the .iij. de day of Januarie, the same yere, made also grauntes, ordinaunces, annexions and confirmacions, unto and for his said furstbegoten sonne, accordyng to this tenour here folowyng: | And after that, by his other letters patent, dated 3 January, in the same year [1338], he also made grants, ordinances, annexations and confirmations, to and for his said first-born son, according to the tenor here following: |
| Edwardus, < Dei gratia, > rex Anglie, dominus Hibernie, et dux Acquitanie, archiepiscopis, episcopis, abbatibus, prioribus, comitibus, baronibus, justiciariis, vicecomitibus, prepositis, ministris et omnibus ballivis et fidelibus suis, salutem. Sciatis quod cum nos nuper personam dilecti et fidelis nostri Edwardi comitis Cestr', filii nostri primogeniti, honorare volentes, eidem filio nostro nomen et honorem ducis Cornubie dederimus, ipsumque in ducem Cornubie prefecerimus, et gladio cinxerimus ut deceret, et prefato filio nostro pro statu et honore ducis juxta nobilitatem sui generis continuando, et oneribus tanto honori incumbentibus facilius supportando, dederimus et concesserimus pro nobis et heredibus nostris dicto filio nostro, vicecomitatum Cornubie cum pertinenciis, necnon castrum, burgum, manerium et honorem de Launceneton, ac diversa alia castra, burgos, villas, maneria et honores in eodem comitatu et alibi: habenda et tenenda eidem duci, et ipsius et heredum suorum regum Anglie filiis primogenitis, et dicti loci ducibus, in regno Anglie hereditarie successuris, una cum feodis militum, advocacionibus ecclesiarum, ac omnibus aliis ad castra, burgos, villas, maneria et honores predicta qualitercumque spectantibus, de nobis et heredibus nostris imperpetuum; prout in carta nostra prefato duci inde confecta plenius continetur. | Edward by the grace of God, king of England, lord of Ireland, and duke of Aquitaine, to the archbishops, bishops, abbots, priors, earls, barons, justices, sheriffs, reeves, officials and all his bailiffs and faithful men, greeting. Know that where we recently wishing to honour the person of our beloved and faithful Edward, earl of Chester, our first-born son, gave to our same son the name and honour of duke of Cornwall, and appointed him duke of Cornwall, and girded him with a sword as is fitting, and so that our aforementioned son might maintain the estate and honour of duke according to the nobility of his nature, and more easily support the charges incumbent upon such an honour, we gave and granted for us and our heirs to our said son, the shrievalty of Cornwall with the appurtenances, and also the castle, borough, manor and honour of Launceston, and various other castles, boroughs, towns, manors and honours in the same county and elsewhere: to have and to hold to the same duke, and the first-born sons of him and his heirs the kings of England, and to the dukes of the said place who will succeed by inheritance in the kingdom of England, together with knights' fees, advowsons of churches, and all other things however pertaining to the castles, boroughs, towns, manors and honours aforesaid, from us and our heirs forever; as is fully contained in our charter made to the aforementioned duke. |
| Nos eidem filio nostro volentes uberius providere, dedimus et concessimus pro nobis et heredibus nostris, et hac carta nostra confirmavimus dicto duci, omnia feoda nostra cum pertinenciis, que habemus in predicto comitatu Cornubie, vel ad nos ibidem pertinent, vel pertinere poterunt seu spectare. Habenda et tenenda dicto duci, et ipsius ac heredum suorum regum Anglie filiis primogenitis, et dicti loci ducibus, in regno Anglie hereditarie ut premittitur successuris, simul cum wardis, maritagiis, releviis, escaetis, forisfacturis et quibuscumque aliis proficuis, exitibus et emolumentiis, que ad nos racione feodorum illorum spectant vel spectare poterunt, vel que nos seu heredes nostri percipere et habere possemus si feoda illa in manibus nostris retinuissemus, de omnibus et singulis tam dicta feoda sic per nos data et concessa infra eundem comitatum Cornubie jam tenentibus, et de illis qui ea imposterum tenere contigerit, quam de tenentibus de eisdem feodis ibidem cum acciderint; prerogativa nostra in hac parte, seu eo quod tenentes feoda eadem, aut tenentes de feodis illis alibi de nobis vel heredibus nostris ut de corona, seu alias in capite, aut quocumque alio modo extra comitatum predictum vel infra tenuerint, non obstante; de nobis et heredibus nostris imperpetuum. Que quidem feoda cum pertinenciis, [p. v-361][col. a] et omnia alia predicta, prout superius specificantur, predicto ducatu, pro nobis et heredibus nostris, eodem modo quo predicta castra, burgi, ville, maneria et honores dicto ducatu annectuntur, eidem annectimus et unimus perpetuis temporibus remansura. Ita quod ab eodem ducatu aliquo tempore nullatenus separentur, nec alicui seu aliquibus quam dictis ipsius loci ducibus, per nos vel heredes nostros donentur seu quomodolibet concedantur. Concessimus insuper pro nobis et heredibus nostris prefato duci, de uberiori gracia nostra, quod ipse, et ejusdem ac heredum suorum regum Anglie filii primogeniti, duces loci predicti, in regno Anglie hereditarie successuri, imperpetuum habeant returna omnium brevium nostrorum et heredum nostrorum, et summonicionum de scaccario nostro et heredum nostrorum, ac attachiamenta tam de placitis corone, quam de aliis quibuscumque, tam in eisdem feodis, quam in aliis feodis que de eis tenentur in comitatu Cornubie supradicto. Ita quod nullus vicecomes vel alius ballivus seu minister noster vel heredum nostrorum, feoda illa ingrediatur, ad execuciones eorumdem brevium et summonicionum, seu attachiamenta de placitis corone vel aliis predictis, aut aliquod aliud officium ibidem faciendum, nisi in defectum ipsius < ducis, > et aliorum ducum ejusdem loci predictorum, et ballivorum et ministrorum suorum in feodis predictis. Et eciam quod habeant catalla tenencium eadem feoda, ac eciam tenencium de eisdem felonum et fugitivorum in comitatu predicto. Ita quod si quis tenencium eorumdem, pro delicto suo vitam vel membrum debeat amittere, aut fugerit et judicio stare noluerit, vel aliud quodcumque delictum fecerit pro quo catalla sua debeat perdere, ubicumque justicia de eo fieri debeat, sive in curia nostra vel heredum nostrorum, sive in alia curia, ipsa catalla sint ipsius ducis et aliorum ducum predictorum. | We, wishing to provide more generously for our same son, gave and granted for us and our heirs, and have confirmed by this our charter to the said duke, all our fees with the appurtenances which we have in the aforesaid county of Cornwall, or which pertain or ought to pertain or belong to us there. To have and to hold to the said duke, and the first-born sons of him and his heirs the kings of England, and the dukes of the said place who will succeed by inheritance in the kingdom of England as said above, together with wardships, marriages, reliefs, escheats, forfeitures and any other profits, issues and emoluments which belong or ought to belong to us by reason of those fees, or which we or our heirs ought to receive and have if we had retained those fees in our hands, from each and every one now holding the said fees thus given and granted by us within the same county of Cornwall, and from those who may hold them in future, as well as from the tenants of the same fees there when they fall due, notwithstanding our prerogatives in this matter; or that which the tenants of the same fees, or the tenants of those fees elsewhere hold from us or our heirs as of the crown, or others hold in chief or in any other way outside the aforesaid county or within; from us and our heirs forever. Which fees with the appurtenances, [p. v-361][col. a] and all other things aforesaid, as detailed above, we have annexed and united for us and our heirs to the aforesaid duchy to remain with it forever, in the same way as the aforesaid castles, boroughs, towns, manors and honours are annexed to the said duchy. So that they shall never be separated in any way from the same duchy, or given or granted by us or our heirs in any way to anyone or any persons other than the said dukes of that place. We also granted for us and our heirs to the aforementioned duke, of our abundant grace, that he, and the first-born sons of him and his heirs the kings of England, the dukes of the aforesaid place who will succeed by inheritance in the kingdom of England, shall have forever the return of all writs of us and our heirs, and of the summons of our exchequer and that of our heirs, and attachments both of pleas of crown, and of all other things, both in the same fees, and in other fees which are held of them in the aforesaid county of Cornwall. So that no sheriff or other bailiff or agent of us or our heirs, shall enter those fees to execute the same writs and summons, or make attachments of the pleas of crown or others aforesaid, or to perform any other office there, unless because of the default of the duke, and of the other aforesaid dukes of the same place, and their bailiffs and agents in the aforesaid fees. And also that they shall have the chattels of the tenants of the same fees, and also of the tenants of the same who are felons and fugitives in the aforesaid county. So that if one of the tenants of the same for his own offence should lose life or limb, or flee and not stand to judgment, or commit any other offence for which he should lose his chattels, wherever justice on that ought to be done, whether in our court or that of our heirs, or in other courts, those chattels shall pertain to that duke and the other dukes aforesaid. |
| Et quod liceat eis et ministris suis, sine impedimento nostri vel heredum nostrorum, vicecomitium aut aliorum ballivorum et ministrorum nostrorum quorumcumque, ponere se in seisinam de catallis predictis, et ea ad usum ejusdem ducis et aliorum ducum predictorum retinere. Ac eciam quod habeant imperpetuum, omnes fines pro transgressionibus et aliis delictis quibuscumque; necnon fines pro licencia concordandi, ac omnia amerciamenta, redempciones, et exitus forisfactorum, annum, diem et vastum, ac streppum, et omnia que ad nos et heredes nostros pertinere poterunt, de hujusmodi anno, die et vasto, et streppo: et similiter de murdris, de omnibus eadem feoda tenentibus, ac eciam de eis tenentibus predictis in comitatu antedicto, in quibuscumque curiis nostris et heredum nostrorum tenentes illos, tam coram nobis et heredibus nostris, et in cancellaria nostra et heredum nostrorum, ac coram thesaurario et baronibus nostris et heredum nostrorum de scaccario, et coram justiciariis nostris et heredum nostrorum de banco, ac coram senescallo et marescallo et clerico mercati hospicii nostri et heredum nostrorum, qui pro tempore fuerint, et aliis curiis nostris et heredum nostrorum, quam coram justiciariis itinerantibus ad communia placita et placita foreste, et quibuscumque aliis justiciariis et ministris nostris et heredum nostrorum, tam in presencia nostra et heredum nostrorum, quam in absencia nostra et heredum nostrorum, fines facere vel amerciari, exitus forisfacere, annum, diem, vastum, sive streppum, forisfacturas et murdra adjudicari contigerit; que fines, amerciamenta, redempciones, exitus, annus, dies, vastum, sive streppum, forisfacture et murdra, ad nos vel heredes nostros possent pertinere, si prefato duci et aliis ducibus predictis concessa non fuissent. Ita quod idem dux, et dicti alii duces, per se vel per ballivos et ministros suos, fines, amerciamenta, redempciones, exitus et forisfacturas hujusmodi tenentium predictorum, et omnia que ad nos et heredes nostros pertinere poterunt, de anno, die et vasto, sive streppo, et murdris predictis, levare, percipere et habere possint, [col. b] sine occasione vel impedimento nostri, et heredum nostrorum, justiciariorum, escaetorum, vicecomitum, coronatorum, ac aliorum ballivorum seu ministrorum nostrorum quorumcumque. | And that it shall be lawful for them and their agents, without obstruction by us or our heirs, our sheriffs and any other bailiffs or agents, to take seisin of the aforesaid chattels, and keep them to the use of the duke and the other dukes aforesaid. And moreover that they shall have forever all fines for trespasses and any other offences; and also fines for permission to reach a settlement, and all amercements, redemptions, issues of forfeitures, year, day and waste, and estrepement, and all things which ought to pertain to us and our heirs, from this year, day and waste, and estrepement, and similarly from murder-fines, from all holding the same fees, and also from those aforesaid tenants in the beforesaid county, in whichever of our courts and those of our heirs, both before us and our heirs, and in our chancery and that of our heirs, and before the treasurer and barons of our exchequer and that of our heirs, and before our justices of the bench and our heirs, and before the steward and marshal and clerk of the market of our household and those of our heirs at the time, and our other courts and those of our heirs, both before justices in eyre, of common pleas and pleas of the forest, and any other justices and officials of us and our heirs, both in the presence of us and our heirs, and in the absence of us and our heirs, those men shall happen to be adjudged to make fine or be amerced, or to forfeit issues, year, day, waste, or forfeitures and murder-fines; which fines, amercements, redemptions, issues, year, day, waste, or estrepement, forfeitures and murder-fines would pertain to us or our heirs if they had not been granted to the aforementioned duke and the other dukes aforesaid. So that the same duke, and the other dukes aforesaid, in person or through their bailiffs and agents, may levy, receive and have the fines, amercements, redemptions, issues and forfeitures of these aforesaid tenants, and everything which would pertain to us and our heirs from year, day and waste, or estrepement, and the murder-fines aforesaid, [col. b] without interference or obstruction by us, and our heirs, our justices, escheators, sheriffs, coroners, and any other bailiffs or agents. |
| Concessimus etiam, pro nobis et heredibus nostris prefato duci, et hac carta [memb. 9] nostra confirmavimus, quod ipse ac heredum suorum regum Anglie filii primogeniti, et loci predicti duces, in regno Anglie ut predicitur successuri, habeant et teneant omnia feoda ad predicta castra, burgos, villas, maneria et honores, ac alia terras et tenementa quecumque, que prefato duci per aliam cartam nostram dedimus, et eidem ducatui annecti fecimus et uniri, qualitercumque pertinencia in predicto comitatu Cornubie; una cum wardis, maritagiis, releviis, escaetis, forisfacturis et aliis proficuis, exitibus et emolumentis quibuscumque que ad nos racione feodorum illorum in eodem comitatu spectant vel spectare poterunt, vel nos seu heredes nostri percipere et habere possemus et deberemus si eadem feoda in manibus nostris et heredum nostrorum retenta fuissent, de omnibus et singulis tam feoda illa jam tenentibus, ac de illis qui ea exnunc tenere continget, quam de tenentibus de eisdem feodis infra eundem comitatum, cum acciderint; prerogativa nostra predicta, seu eo quod tenentes eadem feoda aut tenentes de feodis illis alibi de nobis et heredibus nostris ut de corona, seu alias in capite, aut quocumque alio modo extra comitatum predictum vel infra tenuerint, similiter non obstante. | We also granted, for us and our heirs, to the aforementioned duke, and by this our charter [memb. 9] have confirmed, that he and the first-born sons of his heirs the kings of England, and the dukes of the aforesaid place who will succeed in the kingdom of England as aforesaid, shall have and hold all fees however pertaining to the aforesaid castles, boroughs, towns, manors and honours, and any other lands and tenements in the aforesaid county of Cornwall, which we gave to the aforementioned duke by our other charter, and caused to be annexed and united to the same duchy; together with all other wardships, marriages, reliefs, escheats, forfeitures and other profits, issues and emoluments which pertain or should pertain to us by reason of those fees in the aforesaid county, or which we or our heirs could or should receive and have if the same fees were to be retained in our hands and those of our heirs, from each and every one of those now holding those fees, and from those who may hold them in future, and from the tenants of the same fees within the same county, when they fall due, similarly notwithstanding our aforesaid prerogatives; or that which the tenants of the same fees, or the tenants of those fees elsewhere hold from us or our heirs as of the crown, or others hold in chief or in any other way outside the aforesaid county or within; from us and our heirs forever. |
| Concessimus etiam eidem duci, pro nobis et heredibus nostris, quod ipse percipint et habeat scutagium et proficuum scutagii, tam de feodis predictis, quam de omnibus aliis feodis ad predicta castra, maneria, honores, terras et tenementa, que dicto duci, tam extra dictum comitatum Cornubie quam infra eundem comitatum, tanquam ducatui suo predicto annexa et unita, nuper dedimus et concessimus pertinentibus; ac etiam de feodis militum ad comitatum Cestrie infra regnum nostrum Anglie spectantibus; videlicet, quadraginta solidos de scuto, vel plus aut minus, prout nos vel heredes nostros, de scuto levare et habere contingeret, tam de anno regni nostri primo, et alio tempore postquam suscepimus gubernacula regni nostri, quam de tempore futuro, quamdiu ipse ducatum tenuerit supradictum; eo non obstante, quod dicta feoda in manu nostra seu aliorum dicto anno primo seu postmodum extiterunt; ita quod nos inde scutagium habere deberemus; nec quod idem dux servicium suum in guerris nostris Scocie seu alibi, cujus servicii pretextu scutagium predictum capere deberet, hactenus non habuit vel imposterum habebit. | We also granted to the same duke, for us and our heirs, that he should receive and have scutage and the profit of scutage, both from the aforesaid fees and from all other fees pertaining to the aforesaid castles, manors, honours, lands and tenements, which we recently gave and granted to the said duke, both outside the said county of Cornwall and within the same county, as annexed and united to his aforesaid duchy; and also from knights' fees pertaining to the county of Chester within our kingdom of England; namely, 40s. from scutage, more or less, which we or our heirs may have or levy from scutage, both from the first year of our reign, and at any time after we undertook the governance of our kingdom, and in the future, as long as he shall hold the aforesaid duchy; notwithstanding that the said fees may have been in our hands or the hands of others in the said first year or afterwards; so that we should have scutage thereon; or that the same duke did not previously have nor will have his service in our wars against Scotland or elsewhere, that service being the grounds on which he ought to take the aforesaid scutage. |
| Quare volumus et firmiter precipimus, pro nobis et heredibus nostris, quod prefatus dux et alii duces ejusdem loci predicti pro tempore existentes, imperpetuum habeant feoda predicta cum pertinenciis et omnibus aliis proficuis supradictis; ac etiam libertates antedictas; et eisdem libertatibus, et earum qualibet, de cetero plene gaudeant et utantur; et quod dictus dux tam dicto preterito tempore quam exnunc, quamdiu dictum ducatum tenuerit, scutagium predictum et proficuum ejusdem habeat et percipiat ut est dictum. Hiis testibus, venerabilibus patribus J. Cantuar' archiepiscopo, totius Anglie primate, R. Coventr' et Lich', R. Cicestren' episcopis, cancellario nostro; Hugone de Courteneye, Devon', Henrico de Bello Monte de Boghan, Willelmo de Clynton Huntyngdon, comitibus; Willelmo de Ros, de Hamelak, Henrico de Ferar', Johanne Darcy, senescallo hospicii nostri; et aliis. Datum per manum nostram apud turrim London', tercio die Januarii, anno regni nostri undecimo. | Wherefore we will and firmly order, for us and our heirs, that the aforementioned duke and other aforesaid dukes of the same place at the time shall have the aforesaid fees with the appurtenances and all the other profits aforesaid forever; and also the aforesaid liberties; and they shall also fully use and enjoy the same liberties and each of them; and that the said duke both for the said time past and in the future, as long as he holds the said duchy, shall have and receive the aforesaid scutage and profit of the same as has been said. Witnessed by the venerable fathers John, archbishop of Canterbury, primate of all England, Roger of Coventry and Lichfield, Robert of Chichester, our chancellor, bishops; Hugh de Courteney of Devon, Henry Beaumont of Buchan, William Clinton of Huntingdon, earls; William de Ros of Hamelak, Henry de Ferrers, John Darcy, steward of our household; and others. Given by our hand at the Tower of London, on 3 January, in the eleventh year of our reign [1338]. |
| By force of which grauntes, ordinaunces, annexions and confirmacions, the said Edward then duke of Cornewaill, as duke of Cornwaill, was seised of all the seid duchie and counte, castell, maners, honoures, parkes, boroughes, baillifwyks, bedelaries, fysshings, tounes, milles, prises and custumes of wynes, proffitts of portes [p. v-362][col. a] and havenes, wrekks, profitts of shires, hundreds and courtes, stannarie with cunage of the same, perquisits of the courts of the mynere and stannarie, with waren, with franchises, libertees, and all maner profitts and possessions comprised in the said lettres patentes and tenures of the same. | On the strength of which grants, ordinances, annexations and confirmations, the said Edward then duke of Cornwall, as duke of Cornwall, was seised of all the said duchy and county, castles, manors, honours, parks, boroughs, bailiwicks, offices of beadles, fisheries, towns, mills, prises and customs on wines, profits of ports [p. v-362][col. a] and harbour, wrecks, profits of counties, hundreds and courts, stannary with the coinage of the same, perquisites of the courts of the mine and stannary, with free warren, franchises, liberties, and all manner of profits and possessions contained in the said letters patent and their tenors. |
| And the moost victorious prince youre fader, the furstbegoten sonne of Kyng Herry the IIII th , as duke of Cornewaill, had the said duchie and counte, and all the said castelles, maners, honoures, parkes, burghes, baillefwykes, bedlaries, fysshyngs, tounes, milles, prises and custumes of wynes, profitts of portes and havens, wrekks, profitts of shires, hundreds and courts, stannarie with cunage of the same, < perquisitis > of the court of the mynere and stannarie, with waren, with franchises, libertees, and almaner profitts and possessions comprised in the seid letters patentez and tenoures of the same. | And the most victorious prince your father, the first-born son of King Henry IV, as duke of Cornwall, had the said duchy and county, and all the said castles, manors, honours, parks, boroughs, bailiwicks, offices of beadles, fisheries, towns, mills, prises and customs of wines, profits of ports and harbours, wrecks, profits of counties, hundreds and courts, stannary with the coinage of the same, perquisites of the court of the mine and stannary, with free warren, franchises, liberties, and all manner of profits and possessions contained in the said letters patent and their tenors. |
| And the seid Edward some tyme duke of Cornwaill, and the seid victorious prince youre fader, in the lyf of youre said noble aiell, as duke of Cornewaill used to have and had amongs other as parcell of the said duchie, fynes for alienacions of all londes, tenementes and possessions, holden of theym in chief within the said countee; and the furst seisine of all londes and tenementes of every tenaunt that held of them in chief within the said counte, after thair decesse, and thissuez therof token to their owen use unto the tyme that they that right had to the same londes and tenementes, sued and had lyvere therof out of the said dukes handes, as they shuld have doon oute of the kynges handes, yf they had holden theym of the kyng in chief, and in lyke forme as youre true liegemen doon and owen to doo within counte palatyne, notwithstandyng that thoo tenauntez held in other places of the kyng in chief. | And the said Edward, sometime duke of Cornwall, and the said victorious prince your father during the lifetime of your said noble grandfather, as duke of Cornwall used to have and had among other things as part of the said duchy, fines for the alienations of all lands, tenements and possessions held of them in chief within the said county; and the first seisin of all lands and tenements of every tenant who held of them in chief within the said county, after their death, and took the issues from them to their own use until such time as those who had the right to the same lands and tenements sued and had livery of them out of the said dukes' hands, as they should have done out of the king's hands, if they had held them of the king in chief, and as your true liegemen do and ought to do within a county palatine, notwithstanding that those tenants held in other places of the king in chief. |
| And where in youre parlement begonne and holden at Westm' the .ix. day of Julie, the yere of youre full noble reigne .xxxiij. th , and unto the .xij. th day of November than next folowyng proroged, it lyked youre highnes, consideryng that youre said furstbegoten sonne the tyme of his birth was duke of Cornewaill, and ought of right to have lyvere of the said duchie, and of all honoures, lordships, seignories, castell, maners, londes, tenementes, rentes, < possessions > and enheritaunces with their appurtenauncez, to the said duchie belongyng, or parcell of the same in eny wise; by thadvis, assent and auctorite of youre said parlement, the said .xij. day of Novembre, delyvered and did to be delyvered to the said prince youre said furstbegoten sonne, the said duchie of Cornewaill, and all honoures, lordships, seignories, castels, maners, londes, tenementes, rentes, reversions, fermes, fee fermes, knyghtes fees, advousons of chirches, chapels, and all other benefices, hospitals, chaunteries, with almaner libertees, franchises, offices, courtes, vieus of francplegg, wayfes, strayes, forfeitures, wrekks of the see, prises of wyne, custumes, havenarie tolles, cunage of tynne, stannaries, marketts, faires, with all other things, possessions and enheritauncez, profittez and commoditees, with their appurtenauncez, to the said duchie annexed, unyed, perteynyng or belongyng, or parcell of the same in eny wise. And that the seid prynce shuld have, enjoye and possede all the premisses, as largely, frely and entirely, and in as ample fourme, as Prince Edward, sonne of Kyng Edward the III de , youre full noble progenitour, or the moost noble Cristen victorious prynce Kyng Herry the V th youre fader, ayel to your said besecher, ever had, enjoyed or posseded afore this tyme, as dukes of Cornewaill, the premisses, or eny parcell therof: and that your said besecher nowe prince, shuld have, entre, occupie and enjoye the same, from the seid .xij. th day, to hym in lyke forme, estate and enheritaunce, [col. b] as the seid Edward, furstbegoten sonne of Kyng Edward the III de , youre progenitour, had and enjoyed the same, with certayn provisions, restrayntes and excepcions, as in the act of the said lyverre made in youre said parlement more plainly it apperith: (fn. v-345-187-1) by which provisions, restrayntes and excepcions, the said duchie is gretely dismembred, dyminuted and annyntised, to the disheritaunce of your said besecher, and ayenst youre lawes afore tymes provided and made of the said duchie. | And where in your parliament begun and held at Westminster on 9 July, in the thirty-third year of your most noble reign [1455], and prorogued until the following 12 November, it pleased your highness, considering that your said first-born son from the time of his birth was duke of Cornwall, and ought by right to have livery of the said duchy and of all honours, lordships, seigniories, castles, manors, lands, tenements, rents, possessions and hereditaments with their appurtenances belonging to the said duchy, or part of it in any way; by the advice, assent and authority of your said parliament, on the said 12 November, to deliver and cause to be delivered to the said prince your said first-born son, the said duchy of Cornwall and all honours, lordships, seigniories, castles, manors, lands, tenements, rents, reversions, farms, fee-farms, knights' fees, advowsons of churches, chapels and all other benefices, hospitals, chantries, with all manner of liberties, franchises, offices, courts, views of frankpledge, waifs, strays, forfeitures, wrecks of the sea, prises of wine, customs, port tolls, coinage of tin, stannaries, markets, fairs, with all other things, possessions and hereditaments, profits and commodities, with their appurtenances, annexed, united, pertaining or belonging to the said duchy, or part of the same in any way. And that the said prince should have, enjoy and possess all the things stated, as largely, freely and entirely, and in as full a form as Prince Edward, son of King Edward III, your most noble progenitor, or the most noble Christian victorious prince King Henry V your father, grandfather of your said petitioner, ever had, enjoyed or possessed them or any part of them before this time, as dukes of Cornwall: and that your said petitioner the present prince should have, enter, occupy and enjoy the same, from the said twelfth day, in the same form, estate and inheritance [col. b] as the said Edward, first-born son of King Edward III, your progenitor, had and enjoyed them, with certain provisos, restraints and exceptions, as appears more fully in the act of the said livery made in your said parliament: (fn. v-345-187-1) by which provisos, restraints and exceptions the said duchy is greatly dismembered, diminished and weakened, to the disinheritance of your said petitioner, and against your laws previously provided and made for the said duchy. |
| Please it youre moost noble grace to consider the premisses, and howe that your said moost humble furstbegoten sonne is and was the tyme of his birth, by the cours of your lawes duke of Cornewaill, and oweth of right to have had the said duchie, and all honoures, lordships, maners, londes, tenementes, rentes, possessions and enheritaunces, with thair appurtenauncez, to the said duchie belongyng, or parcell of the same in eny wise. And theruppon to ordeyne and establissh by þassent and advis of the lordes spirituelx and temporels in this your parlement, and by thauctorite of the same parlement, that the seid prynce your said furstbegoten sonne may have and enjoye the said duchie, and all thynges comprised and specified in the said lettres patentes, and tenours of the same, and all thyngs to the said duchie of later tyme by sufficient auctorite annexed, with all other possessions, libertees, fraunchises and commoditees, as largely, frely and entierly, and in as ample forme, and in lyke estate and enheritaunce, as the forsaid Prynce Edward, sonne of Kyng Edward the III de , youre full noble progenitour, or the said noble victorious prynce your fadre, ever had, enjoyed or posseded the same afore this tyme, as dukes of Cornewaill; the said provisions, restrayntes and excepcions, or eny of theym, notwithstondyng. | May it please your most noble grace to consider the foregoing, and how that your said most humble first-born son is and was duke of Cornwall at the time of his birth, by the course of your laws, and ought by right to have had the said duchy and all the honours, lordships, manors, lands, tenements, rents, possessions and hereditaments, with their appurtenances, belonging to the said duchy or in any way part of it. And thereupon to ordain and decree by the assent and advice of the lords spiritual and temporal in this your parliament, and by authority of the same parliament, that the said prince your said first-born son may have and enjoy the said duchy, and everything contained and specified in the said letters patent and their tenors, and everything annexed to the said duchy at a later time by adequate authority, with all other possessions, liberties, franchises and commodities, as largely, freely and entirely, and in as full a form, and in the same estate and inheritance, as the aforesaid Prince Edward, son of King Edward III, your most noble progenitor, or the said noble victorious prince your father, ever had, enjoyed or possessed them before this time, as dukes of Cornwall; notwithstanding the said provisos, restraints and exceptions, or any of them. |
| Provided alwey, that the seid ordynaunce and establisshment extend not nor be prejudiciall in eny wise to eny londes, tenementes, or other of thise premisses, dissevered, disannexed or disunyed from the said duchie; nor to eny persone or persones havyng estate or possession of or in eny of the same londes, tenementez, and other premisses, for the which eny other londes, tenementez or possessions, beyng of the yerely value of the said londes and tenementes, and other premisses, < so dissevered, disannexed or disunyed from the said duchie, > have been afore this tyme by sufficient auctorite annexed or unyed to the same duchie from evermore, in recompence for the same londes, tenementez and other premisses, so dissevered, disannexed and disunyed from the said duchie. | Provided always that the said ordinance and decree shall not extend or be prejudicial in any way to any lands, tenements or other things stated, dissevered, disannexed or disunited from the said duchy; or to any person or persons having estate or possession of or in any of the same lands, tenements and other things stated, for which any other lands, tenements or possessions, being of the yearly value of the said lands and tenements and other things aforesaid, so dissevered, disannexed or disunited from the said duchy, have been before this time by adequate authority annexed or united to the same duchy in perpetuity, in recompense for the same lands, tenements and other things stated so dissevered, disannexed and disunited from the said duchy. |
| Provided also, that this acte and ordinaunce extend not to the castell, manoure and honoure of Knaresburgh, nor to the membres and other appurtenauncez to the same, in the which certayn persones been enfeoffed to youre use to that entent to performe þerof youre wille. (fn. v-345-193-1) | Provided also that this act and ordinance shall not extend to the castle, manor and honour of Knaresborough, or to their members and other appurtenances, in which certain persons are enfeoffed to your use for the purpose of performing your will. (fn. v-345-193-1) |
| Item, quatuor cedule exhibite fuerunt prefato domino regi in dicto parliamento, et de mandato ejusdem domini regis, dicte petitioni annexe, in hec verba: | Item, four schedules were presented to the aforementioned lord king in the said parliament, and by order of the same lord king annexed to the said petition, in these words: |
| Provided alwey, that this acte, or any other acte made or to be made in this present parlement, extend not nor in any wise be prejudiciall unto the provost and scolers of oure college roiall of Oure Lady and Seint Nicholas of Cambrigge, and their successours; nor to the provost and college roiall of Oure Lady of Eton beside Wyndesore, in the counte of Buk', and their successours, in or of any graunte or grauntes, confirmacion or confirmacions, relesse or relessez, acte of parlement or actes of parlements, of any landes and tenementes, rentes, reversions, services, possessions < spirituelx or temporelx > with their appurtenauncez, pensions, portions, apportes, fermes or annuitees, or [p. v-363][col. a] of any advousons or patronages, or in or of any privileges, libertees, immunitees and fraunchises, by us or any other persone or persones, or body incorporate, to the said provost and scolers and their successours, or to the said provost and college and their successours, or to any of their predecessours and their successours, before this tyme made. But that all such grauntes, confirmacions, relesses, actes of parlements, and every of theym, and all lettres patentes and other writyngs þerupon made, be good and effectuell unto theym and their successours, and unto eyther of theym and their successours, after the purportes and tenours of the same. | Provided always that this act, or any other act made or to be made in this present parliament, shall not extend or be prejudicial in any way to the provost and scholars of our royal college of Our Lady and St Nicholas of Cambridge, and their successors, or to the provost and royal college of Our Lady of Eton near Windsor, in the county of Buckingham, and their successors, with regard to any grant or grants, confirmation or confirmations, release or releases, act of parliament or acts of parliaments, of any lands and tenements, rents, reversions, services, possessions spiritual or temporal with their appurtenances, pensions, portions, proceeds, farms or annuities, or [p. v-363][col. a] of any advowsons or patronages, or with regard to any privileges, liberties, immunities and franchises, made before this time by us or any other person or persons, or body corporate, to the said provost and scholars and their successors, or to the said provost and college and their successors, or to any of their predecessors and their successors. But that all such grants, confirmations, releases, acts of parliaments, and every one of them, and all letters patent and other writings made thereon shall be good and effectual to them and their successors, and to either of them and their successors, according to their purports and tenors. |
| Savyng alwey to Richard Wydevyll Lord Ryvers, and Jaquet his wyf duchesse of Bedford, all such annuitees as to theym belongeth oute of the said duchie of Cornewaill, unto the tyme that the seid Richard or duchesse be deuly recompensed, or due recompence offered unto theym for their said annuitees, by the kyng, by thadvis and assent of his counseill. | Saving always to Richard Woodville, Lord Rivers, and Jacquetta his wife, duchess of Bedford, all such annuities as belong to them out of the said duchy of Cornwall, until such time as the said Richard or duchess are duly recompensed, or due recompense is offered to them for their said annuities, by the king, by the advice and assent of his council. |
| Savyng also unto Robert Shotesbroke knyght, all such annuitees as to theym belongeth oute of the seid duchie of Cornewaill, to the tyme that the seid Robert be dewly recompensed, or dewe recompence offered unto hym for his said annuite, by the kyng, by thadvis and assent of his counseill. And the kyng wolle by auctorite aforesaid, that the chaunceller of Englond for the tyme beyng have full power and auctorite to do make oute sufficiaunt lettres patentes unto the said Richard, duchesse, and Robert, upon the said recompenses. (fn. v-345-201-1) | Saving also to Robert Shotesbroke, knight, all such annuities as belong to him out of the said duchy of Cornwall, until such time as the said Robert is duly recompensed, or due recompense is offered to him for his said annuity, by the king, by the advice and assent of his council. And the king wills by the aforesaid authority, that the chancellor of England at the time shall have full power and authority to have adequate letters patent made to the said Richard, the duchess and Robert, upon the said recompenses. (fn. v-345-201-1) |
| Moreover, where that by auctorite of the parlement holden at Westm', the .xij. day of Novembre, the yere of the reigne of oure soverayn lord the kyng .xxxiiij. ti , the seid prince shuld be in sojorne with the kyng, and the kyng charged with his dietts; (fn. v-345-203-1) that by thauctorite of this present parlement, in consideracion that the kyng hath made lyverey unto the seid prynce of the duchie of Cornewaill, by thauctorite of the same parlement, that the kyng be discharged of the diettes and sojorne of the seid prince, and that the seid prynce be at his owne charge; and that all other thyng that apperteyneth unto hym be under such conduyt as hath be appoynted by the kyng afore this tyme. (fn. v-345-203-2) | Moreover, where by authority of the parliament held at Westminster on 12 November, in the thirty-fourth year [1455] of the reign of our sovereign lord, the said prince should reside with the king, and the king be charged with his meals; (fn. v-345-203-1) by authority of this present parliament, considering that the king has given livery to the said prince of the duchy of Cornwall by authority of the same parliament, the king shall be discharged of the board and lodging of the said prince, and that the said prince be at his own charge; and that all other things that pertain to him be under such management as has been appointed by the king before this time. (fn. v-345-203-2) |
| Provided alwey, that this present acte extend not nor be prejudiciall unto eny persone or persones havyng any office or offices by the kynges graunt by his lettres patentes within the duchie of Cornewaill, or apperteynyng or beyng membre of the same duchie; the which persone or persones were with the kyng or the prince at Blore Heth or at Ludford or at eny of thes feldes, or in this jorney; nor to the wages, fees, profites and commoditees of old tyme due and accustumed to the same office or offices, nor to eny parcell therof. (fn. v-345-205-1) | Provided always that this present act shall not extend or be prejudicial to any person or persons having any office or offices by the king's grant by his letters patent within the duchy of Cornwall, or pertaining to or being a member of the same duchy; which person or persons were with the king or the prince at Blore Heath or at Ludford or at either of these fields, or on this journey; or to the wages, fees, profits and commodities traditional and customary in the same office or offices, or to any part of them. (fn. v-345-205-1) |
| Que quidem peticio et cedule transportate fuerunt et deliberate communibus regni Anglie in eodem parliamento existentibus; quibus iidem communes assensum suum prebuerunt sub hac forma: | Which petition and schedule were conveyed and delivered to the commons of the kingdom of England being in the same parliament; to which the same commons offered their assent in this form: |
| A cest bille, et a les cedules a yeest bille annexez, les commyns sount assentuz. | To this bill, and to the schedules annexed to this bill, the commons are agreed. |
| Quibus quidem peticione, cedulis et assensu, in parliamento predicto lectis, auditis et plenius intellectis, de avisamento et assensu dominorum spiritualium et temporalium in eodem parliamento existentium, auctoritate ejusdem parliamenti, respondebatur eisdem in forma sequenti: | When this same petition, schedules and assent had been read, heard and fully understood in the aforesaid parliament, by the advice and assent of the lords spiritual and temporal being in the same parliament, by authority of the same parliament, they were answered in the following form: |
| Soit fait come il est desire: saufes au roy certeyns choses en manere et fourme ensuantz: | Let it be done as it is desired: saving to the king certain things in the following manner and form: |
| < Alway forseyn, that all avoidaunces of > [memb. 10] bisshopriches, dignitees and grete offices perteynyng to the said principaltee and duchie, be and stond at oure [col. b] will, nominacion, gifte and graunte, this acte notwithstandyng. | Always providing that all vacancies of [memb. 10] bishoprics, dignities and great offices pertaining to the said principality and duchy shall be and stand at our [col. b] will, nomination, gift and grant, notwithstanding this act. |
| Provided alwey that eny acte made in this oure present parlement, begon and holden at Coventre, the .xx. ti day of Novembre, the yere of oure reigne .xxxviij. ti , extend not nor be in eny wise prejudiciall or hurte to Margarete quene of Englond, oure moost entierly beloved wyfe. (fn. v-345-218-1) | Provided always that any act made in this our present parliament, begun and held at Coventry on 20 November, in the thirty-eighth year of our reign [1459], shall not extend or be prejudicial or harmful in any way to Margaret, queen of England, our most entirely beloved wife. (fn. v-345-218-1) |
| Provided alwey and except that this act, neither noon other acte made in this present parlement, extend not ne be prejudiciall to Jaspar erle of Pembroke, neither to Herry erle of Ruchemond, sonne and heire to Edmunde late erle of Ruchemond, of or to any gyft or giftes, graunte or grauntez, made unto the seid late Edmunde and Jaspar, by us, oure letters patentes, act or acts of parlement, severally or joyntly, by what so ever name or names the seid Jaspar, or elles the seid late Edmunde, be had, named or called in the same. | Provided always and except that this act, or any other act made in this present parliament, shall not extend or be prejudicial to Jasper, earl of Pembroke, or to Henry, earl of Richmond, son and heir of Edmund, late earl of Richmond, with regard to any gift or gifts, grant or grants, made to the said late Edmund and Jasper by us, our letters patents, act or acts of parliament, individually or jointly, by whatever name or names the said Jasper or the said late Edmund, are described, named or called in them. |
| Provided alwey, that this acte, nor noon other acte made in this present parlement, extend not nor in eny wise be prejudiciall unto the wardeyn and scolers of the college called Merton Halle in Oxford, in or of any graunte to theym and their successours made of the manoir of Stratton Margret in Wiltshire, with their appurtenauncez; or in or of an .c. s., to be yerely paied oute of the manoire of Warplesden in the counte of Surr', by the handes of the fermours and occupiers there; which the seid wardeyn and scolers have in recompense for certeyn londes and tenementes in the counte of Cambrigge, nowe apperteynyng to the provost and scolers of youre college roiall of Oure Lady and Seint Nicholas of Cambrigg. (fn. v-345-222-1) | Provided always that this act, or any other act made in this present parliament, shall not extend or be prejudicial in any way to the warden and scholars of the college called Merton Hall in Oxford, with regard to any grant made to them and their successors of the manor of Stratton St Margaret in Wiltshire with their appurtenances; or with regard to 100s., to be paid out of the manor of Worplesdon in the county of Surrey yearly, by the hands of the farmers and occupiers there; which the said warden and scholars have in recompense for certain lands and tenements in the county of Cambridge, now pertaining to the provost and scholars of your royal college of Our Lady and St Nicholas of Cambridge. (fn. v-345-222-1) |
| Provided alweyes that this acte extend not nor be in any wise hurt nor prejudiciall to any persone or persones that nowe be, or hath been afore this tyme, manyall servaunt or servauntez in oure houshold, which hath not been ayenst us in any feld afore this tyme, except the duchesse of Suff' and the duc of Suff': so that John Brekenoke, resceyvour generall of the duchie of Cornewaill, fynde sufficient suerte of his good aberyng in his office, to oure firstbegoten sonne Edward prince of Wales, betwene this and Estre next commyng. | Provided always that this act shall not extend or be harmful or prejudicial in any way to any person or persons who now is or are, or has or have been before this time, a servant or servants in our household, who have not opposed us in any battle before this time, except the duchess of Suffolk and the duke of Suffolk: on condition that John Brekenoke, receiver-general of the duchy of Cornwall, shall find adequate surety for his good behaviour in office to our first-born son Edward, prince of Wales, between now and Easter next. |
| The rest of m.10 has been left blank. | |
| < Pro collegio de Eton. > | For the college of Eton. |
| [memb. 11] | |
| 30. Memorandum quod quedam cedula exhibita fuit prefato domino regi, in presenti parliamento, ex parte prepositi collegii regalis Beate Marie de Eton juxta Wyndesoram, sub eo qui sequitur tenore: | 30. Be it remembered that a certain schedule was submitted to the aforementioned lord king, in the present parliament, by the provost of the royal college of the Blessed Mary of Eton near Windsor, the tenor of which follows: |
| Rex, archiepiscopis, episcopis, etc., salutem. Sciatis quod cum nos nuper, ad laudem, gloriam et honorem Omnipotentis Dei, in cujus manu corda sunt regum, ac beatissime et intemerate Virginis Marie Matris Cristi, quoddam collegium in Etona juxta Wyndesoram, collegium regale Beate Marie de Eton juxta Wyndesoram in comitatu Buk' nuncupatum, de uno preposito et certo numero sociorum et scolarium erexerimus, fundaverimus, fecerimus et stabiliverimus, perpetuis temporibus futuris duraturum; ac illud auctoritatibus diversorum parliamentorum nostrorum, inter alia, acceptaverimus, approbaverimus, ratificaverimus et confirmaverimus; prefatisque preposito et collegio, pro eorum sustentacione in victu et vestitu, ac aliis oneribus eisdem preposito et collegio et successoribus suis qualitercumque incumbentibus, eisdem auctoritatibus, dederimus et concesserimus, tam diversa prioratus, dominia, maneria, terras et tenementa, reversiones, redditus, pensiones, porciones, apportus et possessiones cum pertinenciis, una cum advocationibus prioratuum, ecclesiarum, vicariarum, capellarum, hospitalium et aliorum beneficiorum ecclesiasticorum. Habenda et tenenda sibi et successoribus [p. v-364][col. a] suis, de nobis et heredibus nostris, in liberam, puram et perpetuam elemosinam imperpetuum, quam diversa privilegia, libertates, franchesias, quietancias et immunitates. Habenda, tenenda, utenda et gaudenda sibi et successoribus suis, in liberam, puram et perpetuam elemosinam imperpetuum; prout in diversis actibus et litteris nostris patentibus, prefatis preposito et collegio et successoribus suis de et super premissis separatim factis, plenius continetur. | The king, to the archbishops, bishops, etc., greeting. Know that where we recently, to the praise, glory and honour of Almighty God, in whose hands are the hearts of kings, and of the most blessed and chaste Virgin Mary Mother of Christ, erected, founded, made and established a certain college at Eton near Windsor, called the royal college of the Blessed Mary of Eton near Windsor in the county of Buckingham, comprising a provost and a certain number of fellows and scholars, to last forever; and we accepted, approved, ratified and confirmed it by the authority of various of our parliaments, among others; and by the same authority gave and granted to the aforementioned provost and college, to sustain them in victuals and clothing, and any other charges incumbent upon the same provost and college and their successors, various priories, lordships, manors, lands and tenements, reversions, rents, pensions, portions, proceeds and possessions with the appurtenances, together with advowsons of priories, churches, vicarages, chapels, hospitals and other ecclesiastical benefices; to have and to hold to them and their successors [p. v-364][col. a] from us and our heirs, in free, pure and perpetual alms forever, as well as various privileges, liberties, franchises, quittances and immunities; to have, hold, use and enjoy, to them and their successors, in free, pure and perpetual alms forever; as is fully contained in various acts and our letters patent, individually made of and on the aforesaid to the aforementioned provost and college and their successors. |
| Cumque prefati prepositus et collegium preterea habeant et teneant diversa alia prioratus, dominia, maneria, terras et tenementa, annuas firmas, reversiones, porciones, pensiones, redditus, apportus et possessiones, una cum advocacionibus ecclesiarum, vicariarum, capellarum, hospitalium, et aliorum beneficiorum ecclesiasticorum, tam ex dono et concessione nostris, quam ex dono, concessione, relaxacione et confirmacione diversorum aliorum: habenda et tenenda sibi et successoribus suis, in augmentacionem sustentacionis eorumdem prepositi et collegii et successorum suorum imperpetuum; prout tam in diversis litteris nostris patentibus separalibus, quam in aliis separalibus cartis, scriptis et litteris diversorum aliorum predictorum plenius liquet. | And furthermore, the aforementioned provost and college should also have and hold various other priories, lordships, manors, lands and tenements, annual farms, reversions, portions, pensions, rents, proceeds and possessions, together with advowsons of churches, vicarages, chapels, hospitals and other ecclesiastical benefices, both by our gift and grant, and by the gift, grant, release and confirmation of various others: to have and to hold to them and their successors, in augmentation of the sustenance of the same provost and college and their successors forever; as appears more fully in our various individual letters patent, and in other individual charters, writings and various other letters aforesaid. |
| Nos, de gracia nostra speciali, omnia et singula donaciones, concessiones, auctoritates, actus, litteras, cartas, scripta, concessiones, relaxationes et confirmaciones, privilegia, franchesias, libertates, quietancias et immunitates, ac cetera omnia et singula cum suis pertinenciis, in auctoritatibus, actibus, litteris, cartis, scriptis, relaxacionibus et confirmacionibus predictis, ac in eorum quolibet, contenta seu specificata, qualitercumque concessa prefatis preposito et collegio, rata habentes et grata, ea, de avisamento et assensu dominorum spiritualium et temporalium, ac ad requisicionem communitatis regni nostri Anglie, in presenti parliamento nostro existentium, auctoritate ejusdem parliamenti, acceptamus, approbamus, ratificamus, ac prefatis preposito et collegio et successoribus suis confirmamus, et ea omnia et singula, eadem auctoritate, eisdem preposito et collegio damus et concedimus per presentes. Habenda, tenenda, utenda et gaudenda sibi et successoribus suis, una cum exitibus et proficuis omnium et singulorum premissorum, et eorum cujuslibet, similiter eadem auctoritate, juxta tenores cartarum, litterarum, auctoritatum, actuum, scriptorum, relaxacionum et confirmacionum predictorum, eisdem preposito et collegio et successoribus suis, aut alicui predecessorum suorum et eorum successoribus superinde separatim confectorum, adeo plene, libere et quiete, sicut nos ea et eorum quodlibet si in manibus nostris extitissent vel extitisset haberemus, seu ea vel eorum aliquod alicui persone, seu aliquibus personis auctoritate illa dare et concedere possimus, et meliori modo quo erga nos et heredes nostros intelligi poterit, in liberam, puram et perpetuam elemosinam imperpetuum, absque impeticione, impedimento, perturbacione, molestacione seu gravamine nostri, vel heredum nostrorum, justiciariorum, escaetorum, vicecomitum, coronatorum, vel aliorum ballivorum seu ministrorum nostrorum quorumcumque; et absque aliquo nobis vel heredibus nostris pro premissis vel eorum aliquo reddendo, solvendo vel faciendo: statutis de terris et tenementis ad manum mortuam non ponendis editis, ac quibuscumque aliis statutis, actibus sive ordinacionibus editis sive factis, non obstantibus. | We, of our special grace, accept, approve, ratify and confirm to the aforementioned provost and college and their successors each and all the gifts, grants, authorities, acts, letters, charters, writings, grants, releases and confirmations, privileges, franchises, liberties, quittances and immunities, and all the rest of the things, with their appurtenances, contained and specified in the authorities, acts, letters, charters, writings, releases and confirmations aforesaid, and in each of them, however granted to the aforementioned provost and college, approved by the advice and assent of the lords spiritual and temporal, and at the request of the commons of our kingdom of England being in the present parliament, by authority of the same parliament, and by the present documents we give and grant to the same provost and college each and every one of the said things, by the same authority. To have, hold, use and enjoy, to them and their successors, together with the issues and profits of all the things stated, and each of them, likewise by the same authority, according to the tenors of the charters, letters, authorities, acts, writings, releases and confirmations aforesaid individually made on them to the same provost and college and their successors, or any of their predecessors and their successors, as fully, freely and as quit, as we would have them and each one of them if they or it had remained in our hands, or as we could give or grant them or any of them to any person or persons by that authority, and understood in the most favourable way possible with regard to us and our heirs, in free, pure and perpetual alms forever, without attack, hindrance, disturbance, harassment or harm by us or our heirs, our justices, escheators, sheriffs, coroners, or any other bailiffs or officials; and without rendering, paying or doing anything to us or our heirs for the aforesaid or any of them: notwithstanding the statutes made about not putting lands and tenements into mortmain, and any other statutes, acts or ordinances decreed or made. |
| Qua quidem cedula in parliamento predicto lecta, audita et plenius intellecta, de avisamento et assensu dominorum spiritualium et temporalium, ac communitatis regni Anglie, in eodem parliamento existentium, respondebatur eidem in forma sequenti: | When this schedule had been read, heard and fully understood in parliament, by the advice and assent of the lords spiritual and temporal and the commons of the kingdom of England being in the same parliament, it was answered in the following way: |
| Le roy, de l'advis et assent des seignours espirituelx et temporelx, et lez communes, en cest son parlement tenuz a Coventre, le vintisme jour de Novembre, l'an de son reigne trent oeptisme assemblez, et par l'auctorite [col. b] de mesme le parlement, ad grauntee tout le continue en cest cedule especifiez: et sur ceo ad commaunde son chartre affaire en due fourme. (fn. v-345-237-1) | The king, by the advice and assent of the lords spiritual and temporal, and the commons, being in this his parliament held at Coventry on 20 November, in the thirty-eighth year of his reign [1459], and by authority [col. b] of the same parliament, has granted all the matters specified in this schedule: and thereupon has ordered his charter to be made in due form. (fn. v-345-237-1) |
| < Pro collegio Sancti Nicholai Cantebury. [sic: read 'Cantebrig''] > | For the college of St Nicholas of Cambridge. |
| 31. Item, quedam alia < cedula > exhibita fuit eidem domino regi, in dicto parliamento, ex parte prepositi collegii regalis Beate Marie et Sancti Nicholai de Cantebriggia, hanc seriem verborum continens: | 31. Item, another schedule was presented to the same lord king, in the said parliament, by the provost of the royal college of the Blessed Mary and St Nicholas of Cambridge, in these words: |
| Rex, archiepiscopis, episcopis, etc., salutem. Sciatis quod cum nos nuper, ad laudem, gloriam et honorem Omnipotentis Dei, in cujus manu corda sunt regum, ac beatissime et intemerate Virginis Marie Matris Cristi, necnon gloriosi confessoris et pontificis Sancti Nicholai, quoddam collegium in universitate nostra Cantebriggie, collegium regale Beate Marie et Sancti Nicholai de Cantebriggia nuncupatum, de uno preposito et certo numero scolarium erexerimus, fundaverimus, fecerimus et stabiliverimus, perpetuis temporibus futuris duraturum; ac illud auctoritatibus diversorum parliamentorum nostrorum, inter alia, acceptaverimus, approbaverimus, ratificaverimus et confirmaverimus; prefatisque preposito et scolaribus, pro eorum sustentacione in victu et vestitu, ac aliis oneribus eisdem preposito et scolaribus et successoribus suis qualitercumque incumbentibus, eisdem auctoritatibus, dederimus et concesserimus, tam diversa prioratus, dominia, maneria, terras et tenementa, reversiones, redditus, annuas firmas, porciones, pensiones, apportus et possessiones cum pertinenciis, una cum advocacionibus prioratuum, ecclesiarum, vicariarum, capellarum, hospitalium, et aliorum beneficiorum ecclesiasticorum. Habenda et tenenda sibi et successoribus suis, de nobis et heredibus nostris, in liberam, puram et perpetuam elemosinam imperpetuum; quam diversa privilegia, libertates, franchesias, quietancias et immunitates. Habenda, tenenda, utenda et gaudenda sibi et successoribus suis, in liberam, puram et perpetuam elemosinam imperpetuum; prout in diversis actibus et litteris nostris patentibus, prefatis preposito et scolaribus et successoribus suis de et super < premissis separatim > factis, plenius continetur. Cumque prefati prepositus et scolares, preterea habeant et teneant diversa alia prioratus, dominia, maneria, terras et tenementa, reversiones, porciones, pensiones, redditus, apportus et possessiones, una cum advocacionibus ecclesiarum, vicariarum, capellarum, hospitalium, et aliorum beneficiorum ecclesiasticorum, tam ex dono et concessione nostris, quam ex dono, concessione, relaxacione et confirmacione diversorum aliorum: habenda et tenenda sibi et successoribus suis, in augmentacionem sustentacionis eorumdem prepositi et scolarium et successorum suorum imperpetuum; prout tam in diversis separalibus litteris nostris patentibus, quam in aliis separalibus cartis, scriptis et litteris diversorum aliorum predictorum plenius liquet. | The king, to his archbishops, bishops, etc., greeting. Know that where we recently, to the praise, glory and honour of Almighty God, in whose hands are the hearts of the kings, and of the most blessed and chaste Virgin Mary Mother of Christ, and also of the glorious confessor and pontiff St Nicholas, erected, founded, made and established a certain college in our university of Cambridge, called the royal college of the Blessed Mary and St Nicholas of Cambridge, comprising a provost and a certain number of scholars, to last forever; and we accepted, approved, ratified and confirmed it by the authority of various of our parliaments, among others; and by the same authority gave and granted to the aforementioned provost and scholars, to sustain them in victuals and clothing, and any other charges incumbent upon the same provost and scholars and their successors, various priories, lordships, manors, lands and tenements, reversions, rents, annual farms, portions, pensions, proceeds and possessions, with the appurtenances, together with advowsons of priories, churches, vicarages, chapels, hospitals and other ecclesiastical benefices; to have and to hold to them and their successors from us and our heirs, in free, pure and perpetual alms forever; as well as various privileges, liberties, franchises, quittances and immunities; to have, hold, use and enjoy to them and their successors, in free, pure and perpetual alms forever; as is fully contained in various acts and our letters patent, individually made of and on the aforesaid to the aforementioned provost and scholars and their successors. Furthermore, the aforementioned provost and scholars shall also have and hold various other priories, lordships, manors, lands and tenements, reversions, portions, pensions, rents, proceeds and possessions, together with advowsons of churches, vicarages, chapels, hospitals and other ecclesiastical benefices, both by our gift and grant, and by the gift, grant, release and confirmation of various others: to have and to hold to them and their successors, in augmentation of the sustenance of the provost and scholars and their successors forever; as appears more fully in our various individual letters patent, and in other individual charters, writings and various other letters aforesaid. |
| Nos, de gratia nostra speciali, omnia et singula donaciones, concessiones, auctoritates, actus, litteras, cartas, scripta, relaxaciones et confirmaciones, privilegia, libertates, franchesias, quietancias et immunitates, ac cetera omnia et singula cum suis pertinenciis, in auctoritatibus, actibus, litteris, cartis, scriptis, relaxacionibus et confirmacionibus, ac in eorum quolibet, contenta seu specificata, ac prefatis preposito et scolaribus et successoribus suis, et alicui predecessorum suorum, et eorum successoribus, qualitercumque concessa, rata habentes et grata, ea, de avisamento et assensu dominorum spiritualium et temporalium, ac ad requisicionem communitatis regni nostri Anglie, in presenti parliamento nostro existentium, auctoritate ejusdem parliamenti, acceptamus, approbamus, ratificamus, ac prefatis nunc preposito et scolaribus et successoribus suis confirmamus, et ea omnia et singula, eadem auctoritate, eisdem preposito et [p. v-365][col. a] scolaribus damus et concedimus per presentes. Habenda, tenenda, utenda et gaudenda sibi et successoribus suis, una cum exitibus et proficuis omnium et singulorum premissorum, et eorum cujuslibet, similiter eadem auctoritate, secundum formas et tenores cartarum, litterarum, auctoritatum, actuum, scriptorum, relaxacionum et confirmacionum predictorum, eisdem preposito et scolaribus et successoribus suis, et alicui predecessorum suorum et eorum successoribus superinde separatim confectorum, adeo plene, libere et quiete, sicut nos ea seu eorum aliquod si in manibus nostris extitissent vel extitisset haberemus, seu ea vel eorum aliquod alicui persone, seu aliquibus personis auctoritate illa dare et concedere possimus, et meliori modo quo erga nos et heredes nostros intelligi poterit, in liberam, puram et perpetuam elemosinam imperpetuum, absque impeticione, impedimento, perturbacione, molestacione seu gravamine nostri, vel heredum nostrorum, justiciariorum, escaetorum, vicecomitum, coronatorum, vel aliorum ballivorum, officiariorum seu ministrorum nostrorum, vel aliorum quorumcumque; et absque aliquo compoto, seu aliquo alio nobis vel heredibus nostris pro premissis vel aliquo premissorum quomodolibet reddendo, solvendo vel faciendo: statutis de terris et tenementis ad manum mortuam non ponendis editis, seu quibuscumque aliis statutis, actibus sive ordinacionibus aut consuetudinibus editis, factis, sive ordinatis seu usitatis, aut imposterum edendis, fiendis sive ordinandis, non obstantibus. | We, of our special grace, by authority of the same parliament, accept, approve, ratify, and confirm to the aforesaid present provost and scholars and their successors, each and all the gifts, grants, authorities, acts, letters, charters, writings, releases and confirmations, privileges, liberties, franchises, quittances and immunities, and all the rest of the things, with their appurtenances, contained or specified in the authorities, acts, letters, charters, writings, releases and confirmations, and in each of them, however granted to the aforementioned provost and scholars and their successors, and any of their predecessors, and their successors, approved by the advice and assent of the lords spiritual and temporal, and at the request of the commons of our kingdom of England being in our present parliament, by authority of the same parliament, and by the present documents we give and grant to the same provost and scholars each and every one of these things, by the same authority. [p. v-365][col. a] To have, hold, use and enjoy to them and their successors, together with the issues and profits of all the things stated, and each of them, likewise by the same authority, according to the forms and tenors of the charters, letters, authorities, acts, writings, releases and confirmations aforesaid individually made on them to the same provost and scholars and their successors, and any of their predecessors or their successors, as fully, freely and as quit, as we would have them and each one of them if they were or had remained in our hands, or as we could give or grant them or any of them to any person or persons, by that authority, and understood in the most favourable way possible with regard to us and our heirs, in free, pure and perpetual alms forever, without attack, hindrance, disturbance, harassment or harm by us or our heirs, our justices, escheators, sheriffs, coroners, or any other bailiffs, officers or agents, or others; and without rendering, paying or doing anything else to us or our heirs for the aforesaid or any of the aforesaid: notwithstanding the statutes made about not putting lands and tenements into mortmain, or any other statutes, acts or ordinances or customs decreed, made or ordained, or to be decreed, made or ordained in the future. |
| Qua quidem cedula in parliamento predicto lecta, audita et plenius intellecta, de avisamento et assensu dominorum spiritualium et temporalium, ac communitatis regni Anglie, in eodem parliamento existentium, respondebatur eidem in forma sequenti: | When this schedule had been read, heard and fully understood in the aforesaid parliament, by the advice and assent of the lords spiritual and temporal, and the commons of the kingdom of England, being in the same parliament, it was answered in the following form: |
| Le roy, de l'advis et assent des seignours espirituelx et temporelx, et les communes, en cest son parlement tenuz a Coventre, le vintisme jour de Novembre, l'an de son reigne trent oeptisme assemblez, et par l'auctorite de mesme le parlement, ad grauntee tout le continue en cest cedule especifiez: et sur ceo ad commaunde son chartre affaire en due fourme. (fn. v-345-249-1) | The king, by the advice and assent of the lords spiritual and temporal, and the commons, being in this his parliament held at Coventry on 20 November, in the thirty-eighth year of his reign [1459], and by authority of the same parliament, has granted all the matters specified in this schedule: and thereupon has ordered his charter to be made in due form. (fn. v-345-249-1) |
| Provided alwey, that noon acte made ne to be made in this present parlement, strecche, extend, ne be prejudiciall to the wardeyn or maistre and scolers, and thaire successours, of the college of Valence Marie, commynly called Pembrokehall, within the universitee of Cantebr', of any graunte made by the kyng oure soverayn lord to the said wardeyne or maittre and scolers, and thair successours, of the priorye aliene of Lynton, with all the rightes and appurtenaunces therto longyng, and of the advouson of the vicariage of the same; ne to any graunte by oure seid soverayne lord the kyng made to the seid wardeyne or maistre and scolers, and thair successours of a pension, the which thabbot of Riallieu late paied unto thabbot of Pynne, otherwise called Pyn aliene, beyonde the see, for the chirche of Saham, and the tenements and glebe therto perteynyng, or any of theym, or oute of the chirche, tenements or glebe aforesaid, or any of thayme. (fn. v-345-251-1) |
Pembroke College, Cambridge. Provided always that no act made or to be made in this present parliament shall stretch, extend, or be prejudicial to the warden or master and scholars, and their successors, of the college of Valence Marie, commonly called Pembroke Hall, within the university of Cambridge, with regard to any grant made by the king our sovereign lord to the said warden or master and scholars, and their successors, of the alien priory of Linton with all the rights and appurtenances belonging to it, and of the advowson of its vicarage; or to any grant made by our said sovereign lord the king to the said warden or master and scholars, and their successors, of a pension which the abbot of Rewley lately paid to the abbot of le Pin [Vienne], otherwise called Pin Alien, beyond the sea, for the church of Soham, and the tenements and glebe pertaining to it, or any of them, or out of the church, tenements or glebe aforesaid, or any of them. (fn. v-345-251-1) |
| < Pryour of Shene. > | The prior of Sheen. |
| 32. Item, quedam peticio exhibita fuit eidem domino regi in presenti parliamento, per Johannem Ives, priorem domus Jhesu de Betheleem de Shene, ordinis Cartusiensis, et ejusdem loci conventum, in hec verba: | 32. Item, a petition was presented to the same lord king in the present parliament, by John Ives, prior of the house of Jesus of Bethlehem at Sheen, of the Carthusian order, and the convent of the same place, in these words: |
| To the kyng oure soverayne lord, mekely bisechen youre highnes and noble grace, youre contynuell oratours and bedemen John Ives, priour of the hous of Jhesu of Bethleem of Shene, of the ordre of the charterhous, and the covente of the same, that where the [col. b] seid hous by the moost noble and victorious prynce of blessed memorie your fader Kyng Harry the v te , whos soile God assoile, of his noble grace, good and blessed disposicion, was founded and establisshed; by force of which, oon John Wydryngton, monke of the seid ordre, was made, ordeyned and establisshed priour of the same hous, as by the lettres patentes of the seid moost victorious prynce, beryng date at Westm' the first day of Aprill, the thirde yere of his noble reigne, it may appiere. By which lettres patentes than was graunted to the same priour and monkes of the seid hous and to their successours for evermore, certeyn possessions and prioryes aliens: that is to sey, the procuratorie hous or priorie of Ware in the counte of Hertford alien, with thappurtenauncez: the priorie of Noron and Newmarket alien, with thappurtenaunces, bylongyng the abbey of Seint Ebrolphis in Normandie: the priourie or manoir of Levisham and Grenewich in the counte of Kent alien, with thappurtenaunces, bilongyng to the abbey of Seint Petre of Gaunte in Flaundres: and the priorie or manoir of Hailyng, otherwise called Helyng alien, with thappurtenaunces, bilongyng to the abbey of Lesne, otherwise called the abbey of Seint Petre of Gemetesis: and the priorie of Caresbroke in the Ile of Wyght, with thappurtenauncez; and all londes, tenementes, chirches, porcions, pensions, almeses and other possessions whatsoever, bilongyng unto the abbey of Lira in Normandie aliens, within the realme of the seid late kyng and in the parties of Wales; except oonly the priorie of Hynkeley with thappurtenaunces in the counte of Leicestre, that is of the possessions of the seid abbey of Lira: and also graunted by the same his lettres to the same priour and monkes, and to their successours, all hundredes, manoirs, londes, tenementes, rentes, services and possessions, knyghtes fees, advousons of chirches, vicarages, chapels, hospitalles, porcions, pensions, dymes, oblacions, obvencions and other emolumentes and profites whatsoever, to the seid priories, or to the seid manoirs and to every of theym, and to the seid londes, tenementes and possessions of the seid abbey of Lira, except bifore except, what so ever perteynyng or bilongyng; with all reversions after the deth of the persones that theym or any of theym than hield in fee taill, or terme of lyf or of yeres, or eny otherwise what so ever, as plenerly and as holly as the seid persones theym than hadde and helde, or any other of theym afore that tyme had and held, withoute apport, ferme, accompte or eny other profite whatsoever to the seid late kyng or to his heires therof to be yolden or paied; and a were called Petersam were, and two tonnes of wyne, to be had for evermore to the seid priour and monkes, and to their successours, and certeyne libertees and fraunchises, as in the same lettres patentes is conteyned more at large. | To the king our sovereign lord, your continual orators and bedesmen John Ives, prior of the house of Jesus of Bethlehem at Sheen, of the Carthusian order, and the convent of the same, meekly pray your highness and noble grace that the [col. b] said house was founded and established by the most noble and victorious prince of blessed memory your father King Henry V, whose soul God absolve, of his noble grace, good and blessed disposition; by which one John Widrington, monk of the said order, was made, ordained and appointed prior of the same house, as may appear from the letters patent of the said most victorious prince, dated at Westminster on 1 April, in the third year of his noble reign [1415]. By which letters patent certain possessions and alien priories were then granted to the same prior and monks of the said house and to their successors forever: that is to say, the procuratory house or alien priory of Ware in the county of Hertford with the appurtenances; the alien priory of Noyon and Neufmarché with the appurtenances, belonging to the abbey of St Evroul in Normandy; the alien priory or manor of Lewisham and Greenwich in the county of Kent with the appurtenances, belonging to the abbey of St Peter of Ghent in Flanders; and the alien priory or manor of Hayling with the appurtenances, belonging to the abbey of Lesnes, otherwise called the Abbey of St Peter of Jumièges; and the priory of Carisbrooke on the Isle of Wight with the appurtenances; and all the lands, tenements, churches, portions, pensions, alms and any other possessions belonging to the alien abbey of Lyre in Normandy within the realm of the said late king and in Wales, except only the priory of Hinckley with the appurtenances in the county of Leicester, that is among the possessions of the said abbey of Lyre; and also granted by his same letters to the same prior and monks, and to their successors, all the hundreds, manors, lands, tenements, rents, services and possessions, knights' fees, advowsons of churches, vicarages, chapels, hospitals, portions, pensions, tithes, oblations, offerings and all other emoluments and profits pertaining or belonging to the said priories, or to the said manors and to every one of them, and to the said lands, tenements and possessions of the said abbey of Lyre, except those previously excepted; with all reversions after the death of the persons who then held them or any of them in fee-tail, or for term of life or of years, or in any other ways whatever, as fully and wholly as the said persons had and held them, or had or held any of them before that time, without giving or paying the proceeds, farm, account or any other profit whatsoever to the said late king or to his heirs; and a weir called Petersham weir, and two tuns of wine, to be had forever by the said prior and monks, and by their successors, and certain liberties and franchises, as is contained at greater length in the same letters patent. |
| Wherfore please it youre seid highnes, of youre most noble and habundant grace, in the reverence of Almyghty Jhesu, for the more suerte of the stablisshment and fundacion of the seid hous, the quiete, rest and perpetuell abidyng of the same, and for the encrese and contynuance of dyvyne service in the seid hous, perpetuelly to be doon and kept for the soule of the seid moost victorious prynce youre fader, whome God assoile, the wele of youre moost noble and roiall persone, for the tyme that youre highnes shall endure in this present lyf, and youre soule, the soules of youre progenitours, and all Cristen soules: to accept, approve, ratifie and conferme, by thassent of your lordes spirituelx and temporelx, and of youre commens, in this youre present parlement assembled, and by the auctorite of the same, the seid stablisshment and fundacion of the seid hous of Jhesu of Bethleem of Shene aforeseid, and the right, title and possession of the seid nowe [p. v-366][col. a] priour of the same hous, and monkes and covent of the same, and their successours, in and of all the forseid priories aliens, and manoirs, londes, tenementes, with thappurtenauncez, and all other possessions and enheritementes in the seid lettres patentes specified; to be had to the seid nowe priour, monkes and covent, and to their successours for evermore, accordyng to the tenure, graunte and purport of the seid lettres patentes therof made by the seid moost victorious prynce of blessed memorie youre fader, whome God assoile: savyng to every persone Englissh, your liegeman in Englond borne, and to everiche of hem, his right and title in and of the premisses, and everyche of hem. And [col. b] this for the love of Oure Blessed Lord Jhesu Oure Saviour, whom youre said oratour shall daily pray to preserve and kepe youre highnes in honoure and prosperite, long to reigne and endure to his pleaser, and oure all comfort, Amen. | Wherefore may it please your said highness, of your most noble and abundant grace, in the reverence of Almighty Jesus, for the greater security of the establishment and foundation of the said house, the quiet, rest and perpetual survival of the same, and the increase and continuance of divine service in the said house, to be done and kept perpetually for the soul of the said most victorious prince your father, whom God absolve, the weal of your most noble and royal person for as long as your highness shall endure in this present life, and for your soul, the souls of your progenitors, and all Christian souls: to accept, approve, ratify and confirm, by the assent of your lords spiritual and temporal, and of your commons, assembled in this your present parliament, and by authority of the same, the said establishment and foundation of the said house of Jesus of Bethlehem at Sheen aforesaid, and the right, title and possession of the said present [p. v-366][col. a] prior of the same house, and the monks and convent of the same, and their successors, in and of all the aforesaid alien priories and manors, lands, tenements, with the appurtenances, and all other possessions and hereditaments specified in the said letters patent; to be held by the said present prior, monks and convent, and their successors forever, according to the tenor, grant and purport of the said letters patent made by the said most victorious prince of blessed memory your father, whom God absolve: saving to every English person, your liegemen born in England, and to each of them, his right and title in and of the things stated, and each of them. And [col. b] this for the love of Our Blessed Lord Jesus Our Saviour, to whom your said orator shall daily pray that he preserve and keep your highness in honour and prosperity, long to reign and endure to his pleasure and to the comfort of us all, Amen. |
| Qua quidem peticione in parliamento predicto lecta, audita et plenius intellecta, de avisamento et assensu dominorum spiritualium et temporalium ac communitatis regni Anglie in dicto parliamento existentium, respondebatur eidem modo sequenti: | When this petition had been read, heard and fully understood in the aforesaid parliament, by the advice and assent of the lords spiritual and temporal and the commons of the kingdom of England being in the said parliament, it was answered in the following manner: |
| Soit fait come il est desire. (fn. v-345-263-1) | Let it be done as it is desired. (fn. v-345-263-1) |
| [memb. 12] | |
| ITEM, DIVERSES COMMUNES PETICIONS FURENT BAILLES A MESME NOSTRE SEIGNOUR LE ROY, EN CEST PRESENT PARLEMENT, PAR LES COMMUNES ESTEANTZ EN YCELLE: LES TENOURS DES QUEUX, OVEC LOUR RESPOUNCES, CY ENSUENT. | ITEM, VARIOUS COMMON PETITIONS WERE SUBMITTED TO OUR SAME LORD THE KING, IN THE PRESENT PARLIAMENT, BY THE COMMONS IN THE SAME: THE TENORS OF WHICH, WITH THEIR ANSWERS, HERE FOLLOW. |
| Communes peticiones. | The common petitions. |
| [col. a] | |
| < Lettres patentes et grantes. > | [Grants to or by York and others cancelled.] |
| 33. To the kyng oure soveraigne lord, please youre highnes of youre moost habundant grace, be thavise and assent of youre lordes spirituell and temporell, and of youre commens, in this present parlement assembled, and by auctorite of the same, to ordeyne and establyssh, that all maners lettres patentes and grauntes of offices, be youre highnes made to eny persone or persones that were ayenst youre highnes in the feldes of Seint Albones, Bloreheth or Ludford, be voyde and of noon effecte fro hensforward. And also almaner of grauntes of officez, or of eny other thyngs, be lettres patentes or otherwise made or had to eny persoon or persones by Richard late duke of York, Richard late therle of Salesbury, and Richard late therle of Warwyk, or by eny of theym which were ayenst youre highnes in eny of the feldes abovesaid, be voide and of noon effecte. And also that all youre lettres patentes of officez, or of eny other thyng, which were lawfully made to ony persone or persones, which were with youre highnes accordyng to their trouth and liegeaunce in the feldes abovesaid, be to theym good and effectuell, after theffect and tenurez of theym. (fn. v-345-269-1) | 33. Letters patent and grants. To the king our sovereign lord, may it please your highness of your most abundant grace, by the advice and assent of your lords spiritual and temporal, and of your commons, assembled in this present parliament, and by authority of the same, to ordain and decree that all the letters patent and grants of office made by your highness to any person or persons who opposed your highness in the fields of St Albans, Blore Heath or Ludford, shall be void and of no effect henceforward. And also that all the grants of office, or of any other things, made or had to any person or persons by letters patent or otherwise by Richard, late duke of York, Richard, late earl of Salisbury, and Richard, late earl of Warwick, or by any of them who were against your highness in any of the fields abovesaid, shall be void and of no effect. And also that all your letters patent of offices, or of any other thing, which were lawfully made to any person or persons who were with your highness according to their truth and allegiance in the fields abovesaid, shall be to them good and effectual, after their effect and tenors. (fn. v-345-269-1) |
| Provided alwey, that any persone or persones beyng with youre highnes at the feldes of Bloreheth or Ludford abovesaid, be not hurt nor prejudiced by this acte. | Provided always that no person or persons being with your highness at the fields of Blore Heath or Ludford abovesaid shall be hurt or prejudiced by this act. |
| Provided also, that any persone or persones which [sende] eny men to the kyng, or had in commaundement by the kynges writyng to be in other place or places, or were seke or impotent, that he myght not be with the kyng in the seid feeldes, be not hurt ne prejudiced by the seid acte. And also that noo persone be hurt ne prejudiced by this acte of eny graunt made to hym by the kyng sith the feld of Seint Albone, so that persone were not in the feldes of Bloreheth ne at Ludford ayenst the kynges highnes. | Provided also that no person or persons who sent any men to the king, or had orders in writing from the king to be in another place or places, or were sick or incapable, so that they could not be with the king in the said fields, shall be hurt or prejudiced by the said act. And also that no person shall be hurt or prejudiced by this act with regard to any grant made to him by the king since the field of St Albans, provided that that person was not in the fields of Blore Heath or Ludford against the king's highness. |
| Provided alweyes, that noon acte made or to be made in this present parlement, in eny wise extend or strech to hurt or prejudice Thomas Witham, of or in thoffice of chaunceller of the kynges eschequier, to the last day of Septembre that shalbe in the yere of [col. b] Oure Lord .mcccclxv., if he so long lyfe: and that the kynges lettres patentes made to Thomas Thorp of the said office of chaunceller, be to the same Thomas Thorp sufficiant and effectuell from the seid last day, accordyng to theffecte and tenour of the same, and immediatly after the deth of the said Thomas Witham if he dye within the said tyme. (fn. v-345-275-1) | Provided always that no act made or to be made in this present parliament shall extend or stretch in any way to the hurt or prejudice of Thomas Witham, with regard to the office of chancellor of the king's exchequer, until the last day of September [col. b] 1465, if he lives so long: and that the king's letters patent made to Thomas Thorp of the said office of chancellor, shall be sufficient and effectual to the same Thomas Thorp from the said last day, according to their effect and tenor, and immediately after the death of the said Thomas Witham if he should die within that time. (fn. v-345-275-1) |
| Provided alway, that noon acte ne ordynaunce made or to be made in this present parlement, be hurt or prejudiciall in eny wise to Nicoll Byron, squyer, of or for thoffice of shiref of oure counte palatyne of Lancastre, ne of or for eny other thyng: but that oure lettres patentes to John Byron, knyght, nowe deede, and to the said Nicoll Byron, squyer, made of the said office for terme of thair lyfes, and either of theym lenger livyng, and all thyngs in the saidez lettres patentes contened, be to the said Nicoll < goode, > effectuell and vaillable; eny acte or ordynaunce made or to be made in this present parlement notwithstondyng. (fn. v-345-277-1) | Provided always that no act or ordinance made or to be made in this present parliament shall be harmful or prejudicial in any way to Nicholas Byron, esquire, with regard to the office of sheriff of our county palatine of Lancaster, or any other thing: but that our letters patent to John Byron, knight, now dead, and to the said Nicholas Byron, esquire, made of the said office for term of their lives in survivorship, and everything contained in the said letters, shall be good, effectual and valid to the said Nicholas; notwithstanding any act or ordinance made or to be made in this present parliament. (fn. v-345-277-1) |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roi le voit. [...] | The king wills it. [...] |
| < Counties of Chester and Flynte. > | [Offices in Cheshire and Flintshire not to be held for life.] |
| 34. Prayen the commens in this present parlement assembled, that it please oure soverayne lord the kyng, consideryng the grete extorcions and mesprisions contynuelly doon within the countee of Chestre and Flynt, and other countees in Wales, by shirrefs, eschetours and other deputees and mynistres, which hav estate terme of her lyves in the said offices; and that the kynges lieges dare not sewe nor compleyne upon the seid mysdoers, for the said defautes, than beyng in the said offices: and therupon to ordeyne by auctorite of this present parlement, that all letters patentes and every of theym before this made to any persone or persones, of the offices of shirefwyk or eschetrewyk within the said countees for terme of lyf, be for the said offices fro the last day of this parlement voyde and of noon effect. | 34. The counties of Chester and Flint. The commons assembled in the present parliament pray that it may please our sovereign lord the king, considering the great extortions and misprisions continually done within the counties of Chester and Flint, and other counties in Wales, by sheriffs, escheators and other deputies and officials who hold the said offices for life; and that the king's lieges dare not sue or complain about the said offenders who occupy the said offices concerning the said offences: to ordain by the authority of this present parliament that all letters patent and each of them made before this to any person or persons of the offices of sheriff or escheator within the said counties for term of life, shall be void and of no effect with regard to the said offices from the last day of this parliament. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le voet, ovesqe certeins provisions par luy faitz en manere et fourme ensuantz: (fn. v-345-286-1) | The king wills it, with certain provisos made by him in the following manner and form: (fn. v-345-286-1) |
| [p. v-367] | |
| [col. a] | |
| Provided alwey, that this present acte of resumpcion, revocacion, adnullacion or avoydyng, extend not nor be prejudiciall in ony wise to Jenkyn of Stanley, some tyme squier of oure houshold, and late oon of the usshers of oure chambre, and nowe oon of the squyers for oure body, nor to John his sonne squier of oure houshold, and nowe oon of the sewers of oure chambre; to, of, nor in ony graunte or grauntes, lees, dimises or confirmacions made be us unto the seid Jenkyn or John, or to eny of theym, joyntly or severally, of ony office or offices, or to the wages and fees or clothyng to hem longyng and perteynyng, ne that they nor other of theym be hurt nor in ony wise prejudiced therby. (fn. v-345-288-1) | Provided always that this present act of resumption, revocation, anulment or voidance shall not extend or be prejudicial in any way to Jenkin of Stanley, once esquire of our household, and lately one of the ushers of our chamber, and now one of the esquires for our body, or to John his son, esquire of our household, and now one of the servants of our chamber; with regard to any grant or grants, leases, releases or confirmations, made by us to the said Jenkin or John, or to either of them, jointly or individually, of any office or offices, or the wages and fees or clothing belonging and pertaining to them, and that they or either of them shall not be harmed or prejudiced in any way thereby. (fn. v-345-288-1) |
| Provided alwey, that noon acte ne ordenaunce made or to be made in this present parlement, be hurte or prejudiciall in any wise to Rauf Legh, squier, of or for thoffices of eschetour of the countees of Chestre and Merionneth; but that oure lettres patentes to hym made joyntly or severally of the said offices or eyther of theym, for terme of his lyf, and all thyngs in oure said letters patentes conteigned, be to the said Rauf good and effectuell and vaillable; any acte or ordenaunce made or to be made in this present parlement notwithstondyng. (fn. v-345-290-1) | Provided always that no act or ordinance made or to be made in this present parliament shall be harmful or prejudicial in any way to Ralph Legh, esquire, with regard to the offices of escheator of the counties of Chester and Merioneth; but that our letters patent made to him jointly or individually of the said offices or either of them, for term of his life, and everything contained in our said letters patent, shall be good, effectual and valid to the said Ralph; notwithstanding any act or ordinance made or to be made in this present parliament. (fn. v-345-290-1) |
| Also provided alway, that noon acte ne ordinaunce made or to be made in this present parlement, be hurt or prejudiciall in any wise to Robert Bothe, knyght, and William Bothe, squier, nowe knyght, of or for thoffice of shirref of the counte of Chestre, ne of or for eny other thyng: but that oure lettres patentes to theym made of the said office, for terme of their lyfes, and to eyther of theym that lenger lyfeth, and all thyngs in the seides letters patentes contened, be to theym good, effectuell and vaillable; eny acte or ordynaunce made or to be made in this present parlement notwithstandyng: so that thes forseid persones which been shirrefs or eschetours in Wales or Chesshire fynde sufficient suerte of their good aberyng in their offices, to oure firstbegoten sone Edward prynce of Wales, betwene this and Estre next commyng. (fn. v-345-292-1) | Also provided always that no act or ordinance made or to be made in this present parliament shall be harmful or prejudicial in any way to Robert Booth, knight, and William Booth, esquire, now knight, with regard to the office of sheriff of the county of Chester, or any other thing: but that our letters patent made to them of the said office, for term of their lives in survivorship, and everything contained in the said letters patent, shall be to them good, effectual and valid; notwithstanding any act or ordinance made or to be made in this present parliament: on condition that these aforesaid persons who are sheriffs or escheators in Wales or Cheshire find adequate surety for their good behaviour in their offices to our first-born son Edward, prince of Wales, between now and Easter next. (fn. v-345-292-1) |
| < Sherifs. > | [Election of the knights of shire to be valid.] |
| 35. To the kyng oure soveraigne lord, mekely bisechen youre true liegemen sherrefs of the shires of this youre noble realme, that were of the yere last passed, where it pleased youre highnes to commaunde dyvers of your seid besechers, by your honourable lettres of pryvie seall, to procede to eleccion in their severall shires of knyghtes for shires for this your present parlement, for the good and hasty spede þerof. Please it youre noble grace to ordeyne and to graunt, by the assent of youre lordes spirituell and temporell, and by the commens, assembled in this present parlement, and by auctorite of the same, that all elections of knyghtes for youre seid shires in suche wise chosen, and by youre seid besechers retourned, be as good and effectuell as eny election of knyghtes for eny of youre seid shires, made or doon by vertue of youre writte or writtes to eny of youre seid bisechers direct; and that youre seid bisechers, and their under sherefs and clerkes, and everyche of theym, be quyte and discharged ageynst youre highnes, and all your liege people, of the penaltees and forfaitures that they or eny of theym be fall yn or may be chargeable, by force of a statute made the .xxiij. yere of youre noble reigne, (fn. v-345-295-1) as for occupiyng or excercisyng their seid offices lenger than a yere, for eny maner elections of knyghtes, aswele by force of youre writtes, as by force of youre lettres of pryve seall as other wise, and for retournes of the same, and for almaner retournes of citezeyns and burgeyses in their severall shires, for this present parlement, by eny of theym retourned bifore the last day of this present parlement. | 35. Sheriffs. To the king our sovereign lord, your true liegemen the sheriffs of the counties of this your noble realm for the year passed, meekly pray that where it pleased your highness to order various of your said petitioners, by your honourable letters of privy seal, to proceed to the election in their individual counties of knights for the shire for this your present parliament, for its good and swift outcome. May it please your noble grace to ordain and to grant, by the assent of your lords spiritual and temporal, and by the commons, assembled in this present parliament, and by authority of the same, that all the elections of knights for your said shires so chosen and returned by your said petitioners, shall be as good and effectual as any election of knights for any of your said shires, made or done by virtue of your writ or writs directed to any of your said petitioners; and that your said petitioners, and their under sheriffs and clerks, and every one of them, shall be quit and discharged towards your highness, and all your liege people, of the penalties and forfeitures that they or any of them might incur or for which they might be liable, on the strength of a statute made in the twenty-third year of your noble reign [1445], (fn. v-345-295-1) with regard to occupying and exercising their said offices for longer than a year, for any elections of knights, both on the strength of your writs and on the strength of your letters of privy seal or otherwise, and for the returns of the same, and for all returns of citizens and burgesses in their several counties for this present parliament, returned by any of them before the last day of this present parliament. |
| [col. b] | |
| Provided alwey, that by this acte they nor noon of theym be excused or discharged of eny other offence or thing doon by theym, or any of theym, in their seid office. | Provided always that by this act neither they nor any of them is excused or discharged of any other offence or thing done by them, or any of them, in their said office. |
| Alwey forseyn, that no man be amerced for any suyte bigon by hym ayenst eny of youre seid besechers to recovere the seid penaltees for eny occupacion of their seid office for the premisses. | Always provided that no man shall be amerced for any suit begun by him against any of your said petitioners to recover the said penalties for any occupation of their said office for the foregoing. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le voet. | The king wills it. |
| < Robberies, ravishments, extortions, etc. > | Robberies, ravishments, extortions, etc. |
| 36. To the kyng oure soverayne lord, prayen the commens in this present parlement assembled, that it please youre highnes to calle to youre moost gracious remembraunce the grete and lamentable compleynts of youre true pore suggetts, universally thorough oute every partie of this youre realme, of robberyes, ravisshments, extorcions, oppressions, riottes, unlawfull assemblies, wrongfull enprisonements doon unto theym, unto such tyme as youre said true subgetts have made aswell for their enlargeyng, as for the suertee of their lyves, fyne and raunsome at the will of such mysdoers. And for asmoche as the seid mysdoers been so favoured and assisted with persones of grete myght, havyng towardes theym of their lyverey, expressely ayenst youre lawes, such multitude of robbers, rioters and myschevous persones, which in riotous and forcible maner distorbe and lette aswell youre justices of assises as of peas in every partie of this youre realme, that noon execucion of youre lawe may be had, so as youre said true subgetts, though dyvers of theym been persones of grete worship, dare not for fere and doute of their lyves nether compleyne to youre highnes ne sewe for remedie after the cours of youre lawes, but rather to suffre such wrongs withoute remedie; which is not oonly to the displeasir of God, but also in derogacion of youre high auctorite and preemynence, and expressely ayenst youre lawes, to the universall gruge of all youre true liege people within youre realme, and lykely to growe to grete inconvenience, and myschef irreparable, onlesse than remedye therfore the souner be provided. | 36. To the king our sovereign lord, the commons assembled in this present parliament pray that it may please your highness to call to your most gracious remembrance the great and lamentable complaints of your true poor subjects, universally throughout every part of this your realm, of robberies, ravishments, extortions, oppressions, riots, unlawful assemblies and wrongful imprisonments done to them until such time as your said true subjects have made fine and ransom at the will of such offenders, for their release as well as for the safety of their lives. And inasmuch as the said offenders are so supported and assisted by persons of great might, who have given their livery, expressly against your laws, to such a multitude of robbers, rioters and wrongdoers, who in a riotous and violent manner trouble and hinder your assize judges as well as justices of the peace in every part of this your realm, that your law may not be executed, with the result that your said true subjects, although some of them are persons of great worship, dare not for fear and dread of their lives complain to your highness or sue for remedy according to legal process, but rather suffer such wrongs without remedy; which is not only to the displeasure of God, but also in derogation of your high authority and pre-eminence, and expressly against your laws, to the universal discontent of all your true liege people within your realm. It is likely to become a great danger, and cause irreparable harm, unless a remedy is swiftly provided. |
| Wherfore we youre said commens understonde and knowe that such persones whos names been specified in a cedule to this bille annexed, to the nombre of .xxv., < ben > notariely and universally thorough oute all this your realme famed < and > noysed, knowen and reputed severally for open robbers, ravisshers, extortioners and oppressours of youre liege people, daily usyng and commyttyng the said abhomynable offences, to the grete gruge and utter undoyng of youre said true subgetts, onlesse than dewe execucion and punysshon may be had uppon the seid mysdoers for the said offences. | Wherefore we your said commons understand and know that the persons whose names are listed in a schedule annexed to this bill, numbering twenty five, are notoriously and universally throughout all this your realm individually famed and proclaimed, known and reputed, as open robbers, ravishers, extortioners and oppressors of your liege people, daily using and committing the said abominable offences, to the great discontent and complete undoing of your said true subjects, unless due process and punishment is executed against the said offenders for the said offences. |
| That it please youre said highnes, to ordeyne and establissh, by thavys and assent of the lordes spirituelx and temporelx in this youre present parlement assembled, and by auctorite of the same, that writts of proclamacion be made oute of youre chauncerie, direct to your shirrefs of London, chargyng them by the same, that they ymmediatly after the resceipt of youre said writts do make open proclamacion .iij. dayes next after the resceyvyng of the same, within youre said citee, that the seid mysdoers and everiche of them appere in their owen persones before youre chaunceller of Englond for the tyme beyng, within a moneth next after the said proclamacion; at which tyme if they appere not, and have londes and tenementes to the yerely value of .xx.li., that then they forfait to youre highnes the profittz of all their said londes and tenementes that they have, or that any oþer persone or persones < stonden seased or > possessed of to their use, unto the tyme that they appere. And in case the seid persones have no londes nor tenementes to the said value, and appere not, that then they stond atteint of disobeysaunce doon [p. v-368][col. a] ayenst youre highnes, and have enprisounement terme of their lyves. And in case they appere before youre said chaunceller for the tyme beyng within the moneth aforesaid or before hym at eny tyme after, that then they be commytted to warde, ther to abyde withoute baile or meynprise, unto the tyme that they be deuly enquered of; and that your justices of assises have power by the seid auctorite to enquere specially of theym in their circuite; and that they be not delyvered oute of prison till the tyme the enquerre of youre said justices of assises be certified into your chauncerie, and unto the tyme that they have founde suerte of .iiij. meynpurnours, of the which ich of theym, or oþer to their use, have londes and tenementes to the yerely value of .xl.li., in the somme of .d.li., to be at all tymes hereafter of good beryng ayenst youre highnes, and all youre liege people. | May it please your said highness to ordain and decree, by the advice and assent of the lords spiritual and temporal assembled in this your present parliament, and by authority of the same, that writs of proclamation be issued from your chancery, addressed to your sheriffs of London, charging them by the same that immediately after the receipt of your said writs, they make public proclamation within three days of receiving them, within your said city, that the said offenders and every one of them are to appear in person before your chancellor of England at the time, within a month of the said proclamation; at which time if they do not appear, and have lands and tenements to the yearly value of £20, then they shall forfeit to your highness the profits of all their said lands and tenements that they have, or that any other person or persons stand seised or possessed of to their use, until such time as they do appear. And if the said persons have no lands or tenements to the said value, and appear not, then they shall stand convicted for disobedience done [p. v-368][col. a] against your highness, and be imprisoned for life. And if they appear before your said chancellor at the time, within the month aforesaid or at any time after, that then they are to be committed to custody, to remain there without bail or mainprise until they have been tried; and that your justices of assize shall have power by the said authority to make particular enquiries about them in their circuit; and that they be not delivered out of prison until the verdict of your said justices of assize has been certified into your chancery, and until they have found surety of four mainpernors, each of whom, or someone to their use, has lands and tenements to the yearly value of £40, in the sum of £500, to be at all times hereafter of good behaviour towards your highness and all your liege people. |
| And over that, that it be ordeyned by the seid auctorite, that if any persone or persones woll at eny tyme hereafter sewe or compleyne for remedye of any of the such offences doon by any persone or persones to hym or theym, or that shall happen at eny tyme hereafter to be doon ayenst hym or theym, that than he or they mowe have writte or writts of proclamacion, conteynyng the matier of compleynt, to appere at .vi. wekes, or at lenger tyme after the last proclamacion therof made, by the discression of youre seid chaunceller, [memb. 13] by the othe and examynacion of the partie so compleynyng, direct unto the shirref or shirrefs where the seid mysdoer or mysdoers be conversant, chargeing the said shirref or shirrefs by the same that they make open proclamacion in the shire toune of the same shire or shires, at .ij. market dayes ymmediate, the furst proclamacion to be within .xij. dayes next after the resceyvyng of the same writte or writts, that the seid mysdoer or mysdoers appere before you in youre benche, at such day as by the discression of youre said chaunceller shalbe alymyted; and that the said shirref or shirrefs deuly serve and retourne the said writte or writts, at such day as is conteyned in the same, upon payne of .c.li.; ye, soverayne lord, to have the oon half, and whoo wille sewe the oþer half. And in case the said shirref or shirrefs deuly serve or retourne the said writ or writts at the day conteyned in the same, and the seid mysdoer or mysdoers in their persone or persones at that day appere not, that than he or they so makyng defaute, after the same proclamacions made or retourned, stonde atteint of the matier surmytted ayenst theym; and in case he or they at the same day appere afore you in youre said benche, that then the justice of the said benche for the tyme beyng have power by the seid auctorite to committe such persone or persones soo apperyng to prison, ther to abyde till the plee upon such writte or writts be determyned; and that the said juges have power by their discressions, to compelle hym or theym to fynde sufficient suerte to you of their good beryng, afore they be dismyssed, and that no proteccion be allowed in any of the said writte or writts. | And moreover, that it be ordained by the said authority, that if any person or persons wishes at any time hereafter to sue or complain for remedy for these offences done by any person or persons to him or them, or which may be done at any time hereafter against him or them, that then he or they may have a writ or writs of proclamation, containing the matter of complaint, to appear six weeks or longer after the last proclamation made on the subject, at the discretion of your said chancellor, [memb. 13] by the oath and examination of the party making the complaint, addressed to the sheriff or sheriffs where the said offender or offenders are resident, charging the said sheriff or sheriffs by the same to make public proclamation in the county town of the same county or counties on two consecutive market days, the first proclamation to be made within twelve day of receiving the same writ or writs, that the said offender or offenders are to appear before you in king's bench, on such a day as shall be determined at the discretion of your said chancellor; and that the said sheriff or sheriffs duly serve and return the said writ or writs, at such a day as is contained in the same, upon pain of £100; you, sovereign lord, to have one half, and whoever is suing, the other half. And if the said sheriff or sheriffs duly serve or return the said writ or writ on the day contained in the same, and the said offender or offenders do not appear in person on that day, that then he or they so defaulting, after the same proclamations made or returned, stand convicted of the matter brought against them; and if he or they on the same day appear before you in your said bench, that then the justice of the said bench at the time shall have the power by the said authority to commit such person or persons so appearing to prison, there to remain until the plea upon such writ or writs has been determined; and that the said judges have the power at their discretion to compel him or them to find adequate surety to you of their good behaviour, before they are dismissed, and that no protection is allowed in any of the said writ or writs. |
| And that it be ordeyned by the seid auctorite, that yf it seme to youre said juges that they or any of theym so sued be so seke or ympotent, or have any other excuse or cause resonable, that they may not appere in youre said benche in their owen proper persone or persones at the same day conteyned in the said writte or writts; that than he or they mowe make their attourney, by the discression of the said juges, to answere to the matier conteyned in the said writte or writts. And that this act to endure oonly to the next parlement. And that this acte be exemplified under youre grete seale in all goodely hast it to be proclaymed in every session of peas, stondyng this acte in his force. | And that it be ordained by the said authority, that if it seems to your said judges that they or any of them so sued are so sick or feeble, or have any other reasonable excuse or cause for not appearing in person in your said bench on the same day contained in the said writ or writs; that then he or they may appear by attorney, at the discretion of the said judges, to answer to the matter contained in the said writ or writs. And that this act shall endure only until the next parliament. And that this act shall be copied under your great seal in all goodly haste to be proclaimed in every session of the peace, while this act remains in force. |
Nomina personarum.
|
The names of the people.
|
Cy ensuent lez nouns especifies en une cedule a cest peticion annexe, et dount mesme la peticion fait mencion.
|
Here follow the names specified in a schedule attached to this petition, and of which the same petition makes mention.
|
| [col. b] | |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le voet. | The king wills it. |
| < Walter Hopton, squire, and others. > | [Penalties imposed on pardoned rebels.] |
| 37. To the kyng oure soverayne lord, prayen the commens, where Water Hopton, esquier, Roger Kynnarston, esquire, Fulke Stafford, esquier, William Hastyngs, esquier, sonne of Leonard Hastyngs, knyght, and William Bowys, esquier, with oþer, rered werre ayenst youre highnes in the feld of Luddeford, or other places, and after that kame to your highnes, askyng youre grace and pardon of their seid offences, the which yee, moved < of youre > grete pite, to theym graunted as for theyr lyves oonly, reservyng all maner other forfeitures in that be half to you belongyng. And for asmoche as at the tyme of the seid submyssion, the persones above reherced tristed to have had youre more large grace than before reherced, and yet doon, as it is verely trowed, and dyvers of theym not afore that tyme have offended ayenst youre regalie in such case, but somme of theym have be with you at other tymes in their persones in subduyng of youre rebelles. | 37. Walter Hopton, esquire, and others. To the king our sovereign lord, the commons pray that where Walter Hopton, esquire, Roger Kynaston, esquire, Fulk Stafford, esquire, William Hastings, esquire, son of Leonard Hastings, knight, and William Bowys, esquire, with others, waged war against your highness in the field of Ludford or other places, and afterwards came to your highness, asking your grace and pardon for their said offences, which you, moved by your great pity, granted to them for their lives only, reserving all the other forfeitures in that matter belonging to you. And inasmuch as at the time of the said submission the persons listed above had trusted to have had more generous treatment than that described above and so far done, as is well known, and several of them had not previously offended against your regality in such a way, but some of them have been with you in person at other times to subdue your rebels. |
| We therfore, youre humble commens in this youre present parlement by youre high commaundement assembled, mekely besechen youre moost habundant grace to departe to the seid persones in more ample forme youre grace, so that it please you, by the avise of such lordes as ye list to calle therto, to assesse and sette fynes and raunsomes upon the seid persones, severally after their demerytes, such as to you shall be thought by the seid advice covenable and accordyng after their said deserts; the seid fynes and raunsomes so to be assessed, levyed and severally payed at the receite of youre escheker, at such day or dayes as by you and the advice aboveseid shalbe lymyted and appoynted, the sommes therof to be emploied for the safegard of the marches of Wales and the kepyng of the see, as it shall severally nede. And yf the same sommes be not paied at the seid receyte and at the day or dayes, after the fourme þerof by you with the seid advice to be appoynted, that than every such persone not so payng the sommes upon hym assessed forfaite to youre highnes for the seid offences, fro theym and their heires for ever, all maner honoures, castels, lordships, maners, landes, tenements, reversions, annuitees, offices, fees, advousons, fee fermes, enheritaunces and all other possessions [p. v-369][col. a] that they or any of theym, or any other to their use, of any of theym, joyntly or severally, have or had in fee symple, fee taile or terme of lyf, within this youre realme of Englond, and within Wales and Irelond, and in youre toune of Caleis and marches there, the .xiij. day of Octobre last passed, or any tyme sithen, from theym, their heires and assignees for ever; and all goodes and catelles that they or any of them, or any other to their use, of any of theym, have or hath; savyng to them their lyfes, accordyng to youre seid grace by youre highnes to theym yeven. And more over, that every of the seid persones fynde to youre highnes sufficient suerte, by reconisauns in youre chauncerie, of his good beryng ayenst youre roiall persone and youre heires hereafter. (fn. v-345-323-1) | We therefore, your humble commons assembled in this your present parliament by your high command, meekly pray your most abundant grace to impart your grace more generously to the said persons, so that it may please you, by the advice of such lords as it pleases you to call upon, to assess and impose fines and ransoms upon the said persons individually, as they deserve, such as by the said advice you shall think fit and according to their deserts; the said fines and ransoms thus assessed to be levied and individually paid at the receipt of your exchequer, on a day or days to be specified and appointed by you on the advice abovesaid, the money to be employed for the defence of the marches of Wales and the keeping of the sea, as each shall require. And if the same sums are not paid at the said receipt on the day or days decided by you on the said advice, that then each person who does not pay the sums assessed upon him shall forfeit to your highness for the said offences, from them and their heirs forever, all the honours, castles, lordships, manors, lands, tenements, reversions, annuities, offices, fees, advowsons, fee-farms, hereditaments and all other possessions [p. v-369][col. a] that they or any of them, or anyone else to the use of them or any of them, jointly or individually, have or had in fee-simple, fee-tail or for life, within this your realm of England, and within Wales and Ireland, and in your town of Calais and the marches there, on 13 October last, or at any time since, from them, their heirs and assigns forever; and all goods and chattels that they or any of them, or anyone else to the use of them or any of them, have or has; saving to them their lives, given to them by your highness according to your said grace. And moreover, that each of the said persons shall find for your highness adequate surety, by recognizance in your chancery, of his good behaviour towards your royal person and your heirs hereafter. (fn. v-345-323-1) |
| Provided alwey, that this act extend not to any honoures, castels, lordships, maners, londes, tenementes, rentes, reversions, annuitees, offices, fees, advousons, fee fermes, enheritaunces or other possessions, the which the seid duc of York, erles of Marche, Warrewyk, Salesbury, Rutlond, and John Clynton Lord Clynton, Thomas Nevile, John Nevile, Thomas Haryngton, John Wenlok, James Pykeryng, John Conyers, Thomas Parre, John Bourgchier, Edward Bourgchier, William Stanley, Thomas Meryng, Thomas Colt, John Clay, Roger Eyton, Robert Bould, Aleise, William Oldhall, Thomas Vaughan, Richard Gray Lord Powes, Water Devereux and Herry Radeford, or any of theym, were seased or possessed the seid Friday, severally or joyntly, with theym self, or any of theym, or with any other persone or persones, by fyne, feffement or graunt, made to theym or any of theym of trust, joyntly or severally, to the use of any other persone or persones, or to performe the will of the feffour or feffours, donour or donours, other than tho that been atteint and not nowe be enherited theymself, so that no such honoures, castels, lordships, maners, londes, tenementes, rentes, reversions, annuitees, offices, fees, advousons, fee fermes, enheritauncez and other possessions be not forfeted by force of the seid acte. And savyng also to everyche other persone or persones the which were not in any of the seid feldes ayenst youre highnes in forme aforeseid and to their heires, their right, title and interesse, office and annuitees, which they or any of theym had in or to the seid honoures, castels, lordships, maners, londes, tenementes, rentes, reversions, annuitees, offices, fees, advousons, fee fermes, enheritaunces and other possessions, or any parcell of theym, or in or to any of the premisses, afore the seid Friday; other than such title, right or interesse that they or any of theym hadde, to the use of any such persone as hath forfeted by this same acte. | Provided always that this act shall not extend to any honours, castles, lordships, manors, lands, tenements, rents, reversions, annuities, offices, fees, advowsons, fee-farms, hereditaments or other possessions, of which the said duke of York, the earls of March, Warwick, Salisbury and Rutland, and John Clinton, Lord Clinton, Thomas Neville, John Neville, Thomas Harrington, John Wenlock, James Pickering, John Conyers, Thomas Parre, John Bourchier, Edward Bourchier, William Stanley, Thomas Meryng, Thomas Colt, John Clay, Roger Eyton, Robert Bould, Alice [countess of Salisbury], William Oldhall, Thomas Vaughan, Richard Grey, Lord Powys, Walter Devereux and Henry Radford, or any of them, were seised or possessed on the said Friday, individually or jointly, with themselves, or any of them, or with any other person or persons, by fine, enfeoffment or grant made to them or any of them in trust, jointly or individually, to the use of any other person or persons, or to perform the will of the feoffor or feoffors, donor or donors, other than those who have been attainted and do not now have hereditary right themselves, so that no such honours, castles, lordships, manors, lands, tenements, rents, reversions, annuities, offices, fees, advowsons, fee-farms, hereditaments and other possessions shall be forfeited on the strength of the said act. And saving also to every other person or persons who were not in any of the said fields against your highness in the aforesaid manner and to their heirs, their right, title and interest, office and annuities, which they or any of them had in or to the said honours, castles, lordships, manors, lands, tenements, rents, reversions, annuities, offices, fees, advowsons, fee-farms, hereditaments and other possessions, or any part of them, or in or to any of the things stated, before the said Friday; other than such title, right or interest as they or any of them had to the use of any such person as has forfeited by this same act. |
| Provided also that this acte of forfaiture extend not to any goodes or catelles, which they or eny of theym have or hath joyntly or severally to the use of any other persone or persones, or elles as executour or executours, admynistratour or admynistratours to eny other persone or persones. | Provided also that this act of forfeiture shall not extend to any goods or chattels which they or any of them have or has jointly or individually to the use of any other person or persons, or else as executor or executors, administrator or administrators to any other person or persons. |
| Provided also, that this act of forfaiture extend not nor be prejudiciall to any of the wyfes of any of the persones abovespecified, which have forfaited or be atteinted by vertue of the seid acte; but that they may have and enjoye after the decesse of their seid husbondes all such honoures, castelles, lordships, maners, londes and tenementes, rentes, reversions, annuitees, fees and offices and all other possessions, which they or eny of theym had or held joyntly with their seid husbondes the seid Friday; the said Aleyse wyf of the said erle of Salesbury oonly except. | Provided also that this act of forfeiture shall not extend or be prejudicial to the wives of any of the persons specified above, who have forfeited or are attainted by virtue of the said act; but that they may have and enjoy after the death of their said husbands all such honours, castles, lordships, manors, lands and tenements, rents, reversions, annuities, fees and offices and all other possessions, which they or any of them had or held jointly with their said husbands on the said Friday; the said Alice, wife of the said earl of Salisbury, alone excepted. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le voet. | The king wills it. |
| < Against the Lord Stanley. > | Against Lord Stanley. |
| 38. To the kyng oure soverayne lord, shewen the commens in this present parlement assembled, that [col. b] where it pleased youre highnes to send to the Lord Stanley, by the servaunt of the same lord fro Notyngham, chargyng hym that upon his feyth and legeaunce he shuld come to youre highnesse in all haste, with such felysshep as he myght make. The said Lord Stanley, notwithstondyng the said commaundement, come not to you; but William Stanley his brother went, with many of the seid lordes servauntz and tenauntz, grete nombre of people, to the erle of Salesbury, which were with the same erle at the distressyng of youre true liege people at Bloreheth. | 38. To the king our sovereign lord, the commons assembled in this present parliament show that [col. b] where it pleased your highness to send from Nottingham to Lord Stanley, by a servant of the same lord, charging him upon his faith and allegiance to come to your highness in all haste, with such men as he could muster. The said Lord Stanley, notwithstanding the said command, did not come to you; but William Stanley his brother, with many of the said lord's servants and tenants, a great number of people, went to the earl of Salisbury, and they were with the same earl at the attack upon your true liege people at Blore Heath. |
| Also, where youre said highnes gaffe in commaundement to youre first begoten sonne Edward prynce of Wales to assemble youre people and his tenauntz, to resiste the malice of youre rebelles, and theruppon the same noble prynce sent to the said Lord Stanley, to come to hym in all haste possible, with such felysshep as he myght make. The said Lord Stanley, puttyng the seid mater in delay, feyntly excused hym, seying he was not than redy; howe be it of his owen confession he had before a commaundement fro youre highnes to be redy to come to the same with his said felsship upon a day warnyng; which delay and absence was a grete cause of the losse and distresse of your seid people atte Bloreheth. | Also, where your said highness commanded your first-born son Edward, prince of Wales, to assemble your people and his tenants to resist the malice of your rebels, and thereupon the same noble prince sent to the said Lord Stanley to come to him in all possible haste, with such men as he could muster. The said Lord Stanley, delaying in the said matter, falsely excused himself, saying that he was not then ready; even though by his own confession he had previously received a command from your highness to be ready to come to the same with his said company at a day's notice; which delay and his absence was a major reason for the defeat and discomfiture of your said people at Blore Heath. |
| Also, where the seid lord had sent his servaunt to oure soverayne lady the quene, and to the seid noble prynce to Chestre, seying that he shuld come to theym in all haste; and after that he sent to theym Richard Hokesley his servaunt, to Egglesshall, certifying theym that he wold come to theyme in all haste; and desired, for asmoche as he understode that he was had in jelosye, that he myght have the < vaward > ageyne the erle of Salesbury, and his felysshep; and the seid noble prynce, be thadvice of his counsell, consideryng that the felysship of the said Lord Stanley was fewer in nombre than the felysship of the said erle, willed and desired hym to come to the said noble prynce and his felysship, that they beyng all to gedyr myght come to have assisted youre highnes, which was promysed feithfully be his seid servaunt shuld be perfourmed in all haste; which notwithstondyng was not perfourmed, but in defaute therof, youre people were distressed at Bloreheth aforesaid, as is well knowen. Howe be hit that the seid Lord Stanley was within .vi. myle of the said heth the same tyme, accompanyed with .ij. mille men, and rested hym with the same felysship be the space of .iij. dayes after at Newcastell, but .vi. myle oute of Egglesshall, where the quene and the prynce then were; and the said Lord Stanley, on the morne next after the distresse at Bloreheth, sent a letter for his excuse to oure soverayne lady the quene and the said noble prynce; which said letter your said highnes had sent to hym, commaundyng hym by the same to have come to youre said highnes with his felyshep in all haste. Which came nethir to youre highnes, to the quene, nor to the seid prynce, but soo departed home agayne. | Also, where the said lord had sent his servant to our sovereign lady the queen, and to the said noble prince at Chester, saying that he would come to them in all haste; and afterwards he sent to them his servant Richard Hokesley, to Eccleshall, assuring them that he would come to them in all haste; and requested, because he understood that he was regarded with suspicion, that he might command the vanguard against the earl of Salisbury and his company; and the said noble prince, by the advice of his counsel, considering that the company of the said Lord Stanley was fewer in number than the fellowship of the said earl, willed and requested him to come to the said noble prince and his company, so that they might together come to the aid of your highness, which his said servant promised faithfully should be performed in all haste; which notwithstanding was not performed, and for lack of it your people were discomfited at Blore Heath aforesaid, as is well known. But the said Lord Stanley was within six miles of the said heath at the same time, accompanied by 2,000 men, and stayed with the same company for the next three days at Newcastle, just six miles outside Eccleshall where the queen and the prince then were; and the said Lord Stanley, on the morning after the defeat at Blore Heath, sent a letter by way of excuse to our sovereign lady the queen and the said noble prince; which was the letter your said highness had sent to him, commanding him by the same to come to your said highness with his company in all haste. But he came neither to your highness, to the queen, nor to the said prince, but thus departed for home again. |
| Also, when the seid erle of Salesbury and his felysshep had distressed youre said people at Bloreheth, the said Lord Stanley sent a letter to the said erle to Drayton, the same nyght, thankyng God of the good spede of the said erle, rejoysing hym gretely of þe same, trustyng to God that he shuld be with þe same erle in other place, to stond hym in as good stede, as he shuld have doon yef he had been with theym there; which letter the seid erle sent to Sir Thomas Haryngton, and he shewed hit openly, seying, Sirres, be mery, for yet we have moo frendis. | Also, when the said earl of Salisbury and his company had defeated your said people at Blore Heath, the said Lord Stanley sent a letter to the said earl at Drayton, on the same night, thanking God for the said earl's success, rejoicing greatly in the same, trusting to God that he should be with the same earl in another place, to stand him in as good stead as he should have done if he had been with them there; which letter the said earl sent to Sir Thomas Harrington, and he showed it openly, saying, 'Sirs, be merry, for yet we have more friends'. |
| Also, where as a squier of the said erles on the Monday next after the said distresse, told to a knyght of youres, which was taken prisoner by the felysship of the seid erle at Bloreheth, that a man of the Lord Stanleys had been with the seid erle at Drayton, in the mornyng of the same day, and brought hym word fro [p. v-370][col. a] the seid Lord Stanley, that your highnes had sent for hym, and that he wold ride to you with his felysship. And yef eny man wold resiste or lette the seid erle to come to your high presence for his excuse, accordyng to thentent of the said erle; that than the said Lord Stanley and his felysship shuld lyve and dye with the said erle, ayenst his resistours. | Also, where an esquire of the said earl on the Monday next after the said defeat told a knight of yours, who was taken prisoner by the said earl's men at Blore Heath, that a man of Lord Stanley's had been with the said earl at Drayton on the morning of the same day, and brought him word from [p. v-370][col. a] the said Lord Stanley, that your highness had sent for him, and that he would ride to you with his company. And if any man resisted or prevented the said earl from coming to your high presence to make his excuses, as was the said earl's intention, that then the said Lord Stanley and his company should live and die with the said earl, against his opponents. |
| Also, where the said noble prynce, in fullfillyng of your high commaundement, sent as wele for your people and his tenauntez in Werall hundred, as in Maxfeld hundred in Chesshire; the said people and tenauntez were lette by the seid Lord Stanley, so that they myght not come to youre highnes nor to þe presence of the said noble prynce. | Also, where the said noble prince, in fulfilling your high command, sent for your people and his tenants in Wirral hundred, as well as in Maxfield hundred in Cheshire; the said people and tenants were impeded by the said Lord Stanley, so that they could not come to your highness or to the presence of the said noble prince. |
| [memb. 14] | |
| Also, where a servaunt and oon of the cokys of the said Lorde Stanleys was hurte atte Bloreheth, beyng with William Stanley in the felysship of the said erle of Salesbury, and left be hynde at Drayton declared openly to dyvers gentilmen of the felysshep of therlez of Shrewysbury, that he was sent to the said erle of Salesbury, in the name of the said Lord Stanley, with moo of his felysship. | Also, where a servant, one of the cooks, of the said Lord Stanley was hurt at Blore Heath, being with William Stanley in the company of the said earl of Salisbury, and left behind at Drayton declared openly to various gentlemen of the earl of Shrewsbury that he had been sent to the said earl of Salisbury, in the name of the said Lord Stanley, with more of his company. |
| Also, where certayne persones beyng of the lyvere and clothyng of the said Lord Stanley were take at the forest of Morff in Shropschire; the day afore theire deth confessed that they where commaunded in the name [col. b] and behalve of the seid Lord Stanley to attend and awayte upon the seid William Stanley, to assiste the said erle < in > such matier as he intended to execute. | Also, where certain persons being of the livery and clothing of the said Lord Stanley were captured in the forest of Morfe in Shropshire; on the day before their death they confessed that they had been ordered in the name [col. b] and on behalf of the said Lord Stanley to attend and wait upon the said William Stanley, to assist the said earl to carry out his aims. |
| Of all which matiers doon and commytted by the said Lord Stanley, we youre said commens accuse and enpeche hym; and pray youre moost high regalie, that the same lord be commytted to prison, there to abide after the fourme of lawe. | Of all of which matters done and committed by the said Lord Stanley, we your said commons accuse and impeach him; and pray your most high regality that the same lord be committed to prison, to remain there after the form of the law. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy s'advisera. (fn. v-345-354-1) | The king will consider this further. (fn. v-345-354-1) |
| 39. Memorandum quod vicesimo die Decembris, anno predicto, domino rege et tribus < statibus > regni in presenti parliamento existentibus, post dictarum peticionum leccionem ac responsionem eisdem in eodem parliamento factas, predictus cancellarius, ex parte domini regis, dominis spiritualibus et temporalibus, ac communibus, in dicto parliamento presentibus de eorum magnis laboribus et diligenciis in eodem parliamento factis et habitis tenerime regracians, declaravit qualiter idem dominus rex parliamentum predictum dissolvere voluit, et illud realiter sic dissolvebat: mandando militibus comitatuum, civibus civitatum, et burgensibus burgorum, dicto parliamento intendentibus, ad prosequendum brevia pro vadiis suis prout moris est. |
[The dissolution of parliament.] 39. Be it remembered that on 20 December, in the aforesaid year, the lord king and three estates of the kingdom being in the present parliament, after the said petitions had been read and answered in the same parliament, the aforesaid chancellor, on behalf of the lord king, thanking the lords spiritual and temporal, and the commons present in the said parliament most earnestly for their great labour and diligence in the same parliament, announced that the same lord king wished to dissolve the aforesaid parliament, and thus did indeed dissolve it: ordering the knights of the shires, citizens of the cities, and burgesses of the boroughs attending the said parliament to sue writs for their wages as customary. |
Appendix: 1459
1
Source : RP , v, 371-2; PRO SC8/28/1397; another copy printed by N. Davis, Paston Letters and Papers of the Fifteenth Century (2 vols, Oxford, 1971-6), II, no. 886
Petition from Philip Wentworth, knt, rehearsing that the wardship of Thomas Fastolf, which pertained to the crown, had been purchased by him for 110m, and Sir John Fastolf (who had secured part of the estate at farm) had accordingly been adjudged in the exchequer to pay him the money he had received from the estate. But royal letters patent had granted the wardship to John Paston and Thomas Howes, who had agreed with the treasurer of England to pay 10m - an agreement now denied by the treasurer. Wentworth prays that the letters patent and the record of the agreement be annulled.
Address: To the ryght wyse and discrete commownes of this present parleament
Answer: Soit fait come il est desiree
2
Source : RP , v, 344; PRO SC8/28/1394A & B
Petition from Eleanor, duchess of Somerset, and Margaret, countess of Shrewsbury, daughters and heirs of Richard Beauchamp, earl of Warwick, and George lord Latimer and Elizabeth his wife, another of the daughters and heirs, that the inquisition taken in Worcestershire after the death of the earl and subsequently removed from chancery and not returned, be restored to chancery and be of the same force as if it had remained there all the time. The grant of dower lands to Cecily, duchess of Warwick by letters patent also to remain in force, and the petitioners to have the same interest in them after her death as if the record of the inquisition had never been removed.
Address: To the kyng our soveraigne lord
Answer: The kyng hath graunted this peticion in maner and fourme as it is desired. Provided alwey that this acte touchyng the affirmans of the seid lettres patentes made to the said Cecyle, late duchesse of Warrewyk, extend not ne be prejudicall to Laurence, bishop of Duresme, ne his successours, of any right, thyng or title to the seid Laurence longyng or pertenyng in the right of his chirch of Duresme.
3
Source : PRO SC8/135/6720; CPR 1452-61, pp. 578-9 (dated 20 November 1459, warranted by petition in parliament)
Petition of Henry Percy, earl of Northumberland, for payment of £16,985 5s 7d farthing due to him for keeping Berwick and the East March to be granted by letters patent.
Address: To the king our sovereigne Lord
Answer: Soit fait come il est desiree
Endorsement: particulares peticiones xxxviij
4
Source : PRO E159/236 recorda Hillary m.4 (exemplification of 6 February 1460), printed by M. Hicks, 'The Forfeiture of Barnard Castle to the Bishop of Durham in 1459', Northern History 37 (1997), 228-31
An unenrolled proviso to the act of attainder protecting the rights of the bishop in county Durham, including his title to Barnard Castle and Gainford. [For another proviso in the bishop's favour see appendix item 2.]
5
Source : CCR 1454-61, pp. 418-9 (6 August 1460, warranted by king and council by authority of parliament)
Interim payments authorised to the mayor and merchants of the staple of Calais with the advice and consent of the lords in the parliament held at Coventry on 20 November last [1459] until full payment of the money due by an act of the 1455-6 parliament can be made.