Henry VI: September 1429

Parliament Rolls of Medieval England. Originally published by Boydell, Woodbridge, 2005.

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'Henry VI: September 1429', in Parliament Rolls of Medieval England, (Woodbridge, 2005) pp. . British History Online https://www.british-history.ac.uk/no-series/parliament-rolls-medieval/september-1429 [accessed 19 April 2024]

In this section

1429 September

Introduction 1429

Westminster

22 September - 20 December 1429

16 January - 23 February 1430

C 65/89, RP , IV.335-62, SR , II. 238-262

C 65/89 is a roll of fifteen membranes, each approximately 315mm in width, sewn together in chancery style, and numbered in a later hand. The condition of the roll is good, though membranes 7 and 1 are stained with gallic acid, and there is a hole near the foot of membrane 2. The lower halves of membranes 14 and 10 are blank. The common petitions start a new membrane (membrane 8), with the preceeding membrane (9) being devoted to another group of petitions put forward by the clergy and the commons. Business of the first session is on one set of membranes, 14 to 12, but membrane 12 also runs on with business of the second session, which is continued on membranes 11 and 10. The text, written in an official chancery script, occupies the rectos of the membranes only. The dorses are blank, apart from later notes, 'parl' viij H. vi' or 'parl' 8 H. 6', where some of the membranes are joined. Marginal headings are contemporary. Arabic numerals throughout the roll are later, but the Roman numerals are contemporary. The roll does not appear to be incomplete.

The parliament of 1429 opened on Thursday 22 September. It was prorogued for Christmas on Tuesday 20 December, reopening on Monday 16 January and ending on Thursday 23 February. Thus whilst its total length at twenty-one weeks was two weeks shorter than its predecessor, its actual sessions, at eighteen weeks, were the longest of the reign to date. It was in session at the time of the young king's English coronation at Westminster Abbey on Sunday 6 November 1429. This event is noted in the roll in item 13: the taking by the king in person of a coronation oath in which he promised to protect and defend the church and realm prompted a debate in the lords over whether Bedford and Gloucester's name of protector and defender should be annulled. In this debate, there was reference back to the setting up of the title and function in the parliament of 1422. The decision was taken that that the name of protector should be ended with effect from the date of the coronation, but that the name of chief minister of the council (i.e. chief councillor) should be retained. The entry on the roll tells how Gloucester surrendered his title of protector and defender in parliament on Tuesday 15 November, although he requested that this should not be to the prejudice of Bedford who must be at liberty to make his own decision.

Bedford was not, of course, present at the parliament, being in France at this point. Events there had reached crisis point, and were essentially what lay behind the need to crown the king at this point. It was also clear that the young king would have to cross to his French realm as soon as possible in order to be crowned there too. In the eyes of the author of British Library Galba EVIII version of the Brut, these various events were closely linked: 'on the Fryday, the xxiii day of Fevyrere in the yere above said, Kynge Henry the vi after his coronacion at Westeminster and ende of his parlement holden the same tyme at Westeminster, that the Kynge, by counseill and ordynaunce of all the lordis and communes of Engelond, shuld wende ovyr the see into Fraunce to resseyve his heritage and bere the crowne as rightfull lord and kynge of the londe'. (fn. int1429-1) Another version of the Brut also has the decision that the king should go to France as made in parliament, with Gregory's Chronicle telling us that it was in the parliament that two fifteenths were granted 'to brynge thys yonge kynge in to Fraunce'. (fn. int1429-2) Amundesham also makes the link, noting that parliament resumed after Christmas 'for the expedition of the king to France'. (fn. int1429-3)

Chroniclers certainly give more space to this parliament than to most of the others of the minority. (fn. int1429-4) Not only was there the interest of the coronation and intended royal visit to France, there was also the first grant of a lay subsidy in the reign to date, and indeed the first since that granted in the parliament of December 1421. (fn. int1429-5) And there was not simply one grant but two. The first was made on 12 December when the commons announced a fifteenth and tenth to be collected on 14 January 1430 (item 11). This was an exceptionally short space of time for collection, not least as commissioners were not formally appointed until the last day of the parliament, 20 December. (fn. int1429-6) On that same day the commons agreed a second tenth and fifteenth payable at Christmas 1430 (item 14). On the last day of the parliament, 23 February, the commons announced their consent to bringing forward the payment to 18 November (item 26). (fn. int1429-7) The tax grants were important enough to be mentioned by several chroniclers. (fn. int1429-8)

The initial grant announced on 12 December 1429 was made by the commons in the presence of the king: it is significant that he should have been present on this occasion (given that it was not the last day of the session, an occasion on which the king would normally have been expected to attend) and tempting to believe that he did attend more sessions of this parliament than any previous assembly - a situation which was entirely appropriate given his coronation. He was certainly present again when the commons announced their agreement to the second lay subsidy on 20 December, and was also probably there on 23 February; although his specific presence is not noted, the speaker is said to making his declaration concerning the tax 'to the king'.

The king's presence in the parliament and his coronation within it no doubt help to explain the extremely large number of petitions enrolled. An expression of royal largesse following the coronation was no doubt expected, and indeed it is possible that petitions were encouraged so that it might have ample opportunity to manifest itself. A total of forty-one petitions is seen, over twice as many as in the previous parliament of 1427. The next highest figures are in the parliaments of 1433 and 1439, both of which have twenty-eight common petitions enrolled. The parliament of 1433 saw a high number because of the return to England of the duke of Bedford, that of 1439 because it was the first of the king's majority. The petitions of 1429 gave rise to twenty statutes, the largest number for any of the parliaments of the period from 1422 to 1453. Amundesham noted that the parliament gave rise to 'many statutes of great importance and value to the realm and its government'. (fn. int1429-9) Whether he had any particular statutes in mind is difficult to know. The most famous in terms of England's history as a whole, and its parliamentary history in particular, is the franchise of the forty shilling freeholder (item 39).

Much had happened since the previous parliament closed on 25 March 1428. Over the summer of 1428 a feud had developed between the duke of Norfolk and the earl of Huntingdon, both of whom were councillors. Gloucester had attempted to intervene but without success. According to Amundesham, a quarrel between Huntingdon and the earl of Stafford was active at the time of the parliament of 1429, to such a degree that it had to be proclaimed that no members of their households nor of the households of other lords should carry weapons within the royal palace at the time of the parliament, an action reminiscent of events at the parliament of 1426. (fn. int1429-10)

There was, however, a semblance of reconciliation between Gloucester and Cardinal Beaufort when the latter returned from France in September 1428. This may be largely because the latter was now elevated to the cardinalate and had his interests focused on the possibility of a crusade against the Hussites, having been appointed by the pope as legate for the kingdoms of Bohemia Hungary and Germany. (fn. int1429-11) But Gloucester stirred up the situation by his subsequent questioning of the cardinal's right to continue in his tenure of the bishopric of Winchester now that he was outside the control of the archbishop of Canterbury. The matter was contentious enough for the council to decide on 17 April 1429 that it would be best if the cardinal absented himself from the Garter ceremony at which he would normally have been present as a prelate of the Garter. By mid June 1429 Beaufort sought the permission of the council to raise troops for the crusade against the Hussites. (fn. int1429-12) But events in France had now taken a major turn for the worst, forcing not only an abandonment of the plans for crusade but also a drawing together of Gloucester, Beaufort and the other lords in the face of impending disaster in the double monarchy.

The parliament of 1427 had ended with much optimism about English prospects in France. On 24 March 1428, the day before it closed, the earl of Salisbury had indented to take an army of 2,400. This army, which crossed in mid July, cost well over £16,000, the highest sum so far expended during the reign on an expeditionary force. Salisbury pressed south towards the Loire in the hope of dealing a decisive blow against the Dauphin. As the latter's strongholds fell and siege was laid to Orleans, Salisbury's expeditionary army was soon boosted by men from retinues and garrisons in English-held France. After such a promising start it was all the more disappointing that the earl was killed by a stray cannon ball on 3 November, soon after he had begun the investment of Orleans. The English continued to maintain the siege, but were already under strain even before Joan of Arc appeared on the scene in early May 1429. By 18 June, not only was the siege lost, but so too was the battle of Patay, where John, lord Talbot and other leading English leaders were taken prisoner. Worse still, the Dauphin had been able to move on to Reims where he was crowned as Charles VII on 17 July.

This was a major blow to English credibility in France, and there was an obvious need to counter it by having Henry VI crowned in France too. But a French coronation had been considered earlier. On 15 April 1429, the English council received letters from the duke of Bedford as Regent of France 'declaring the desire of the council of France and of other subjects there to have the king crowned so that the nobles of the said realm might be able to pay him homage and fealty'. (fn. int1429-13) Bedford's request was no doubt occasioned by worries about the duke of Burgundy who had recently withdrawn his troops from the siege of Orléans. In response, the English council decided that a great council should be summoned. Reinforcements under Sir John Radcliffe were immediately ordered to be sent from England. On 1 July, Beaufort agreed to take the army he had raised for crusade to assist the duke of Bedford in France. (fn. int1429-14) But it was clear that more English troops would be needed to stem Charles VII's advance. To be able to cover costs and to meet the debts of previous campaigns, generous taxation was desperately needed from the commons. Writs of summons for a parliament were issued on 12 July with the intention that it should commence on Thursday 13 October. (fn. int1429-15)

It is tempting to believe that the decision to crown the young king whilst the parliament was in session had already been taken since it was a likely means of prompting the level of generosity required. As noted earlier, the first tax grant followed only six days after the coronation. But it is more likely that the decision to crown the king in England, in order that he might then cross for coronation in France, came about as a result of developments in France after the issue of the writs of summons. On 16 July, with the Dauphin poised to enter Reims for his crowning, Bedford instructed Garter King of Arms to go to the council in England with news of recent events. He was to say that the Dauphin had taken the field in person, that several places had fallen to him without a fight, and that he was due to arrive at Reims on that very day, where it was anticipated that the inhabitants would open the gates for him and he would be crowned. After such a coronation, Bedford predicted, the Dauphin would make for Paris in the hope of gaining entry there too. Bedford reassured the council that the duke of Burgundy was remaining loyal to the English cause and participating in military efforts to redress the situation, as was Bedford himself. Indeed he intended to go within two days to Normandy and Picardy to raise the garrisons as well as to meet the cardinal and his troops. Bedford's instructions to Garter ended with the following: 'and to plead with the king that it might please him to advance his coming there in all possible haste if it pleases God that he might come earlier, as twice he has been petitioned by ambassadors and messengers'. (fn. int1429-16) A second messenger, Jean Corbuisser, was sent on 21 July with further letters from the council in France urging the sending of troops for the siege of Mont-Saint-Michel and the hurrying up of other lords appointed by the king to come to France. (fn. int1429-17)

Bedford's letter, followed by news of Charles's actual coronation, was no doubt the stimulus to the decision taken by the council on 3 August to bring forward the meeting of the parliament to 22 September. (fn. int1429-18) The seriousness of the situation in France led to another order being issued by the council on the same day directing those who had been given land grants in Normandy and France to hurry thence to defend them in order that the costs incumbent upon the king in sending large armies should be mitigated. (fn. int1429-19) In the event Charles shrank back from the attack on Paris which Joan had advocated, and by late September had disbanded his army. The English were saved for a while, but it was clear that a major military and political effort was needed to sustain the double monarchy.

In both sets of writs, twenty-seven heads of religious houses were summoned as in the previous year. For the bishops there is also no difference between the two sets of summons. Twenty bishops were summoned, although the bishops of Hereford and Winchester were expected to be absent and writs were thus sent to their vicars general. The see of Chichester was vacant, following the death of John Rickinghale around 6 July 1429. (fn. int1429-20) His successor was given his temporalities on 24 January 1430. Davies suggests that at least fourteen bishops were present in the first session, a notably high proportion. Cardinal Beaufort had returned to England by this point, although the bishop of Hereford remained absent at the papal curia, and three others are known to have been absent in this session. After Christmas, eleven bishops were likely to have been present. The bishop of Carlisle had received a summons but had died on 4 September.

As for the lay peers, the two sets of writs are again identical with one exception. Thirty-five received the first summons, 36 the second, for William Neville, lord Fauconberg, the brother of Richard Neville, earl of Salisbury, was added in to the second list. This was the largest number so far in the reign, testimony to the level of crisis and perhaps also the intended coronation. Of the thirty-six, twenty-seven had received a summons to the previous parliament. Thomas, earl of Salisbury had died at the siege of Orleans on 3 November 1428. He had no male heir; the new earl, Richard Neville, who received both writs of summons for the 1429 meeting, came to the title through marriage to the daughter of Earl Thomas. There is a puzzle associated with his elevation since a document in the privy council records speaks of the matter having being referred by the council to the lords in full parliament who approved his elevation. But the date of this memorandum is 3 May 1429 and parliament did not meet until September. (fn. int1429-21) Perhaps the memorandum should be taken as indicating that the matter would be referred to the lords in the next parliament for confirmation. There is no mention of the elevation on the roll.

Several other peers were in receipt of their first summons having entered their inheritances. John, earl of Arundel (born 14 February 1408, although his summons was not as earl but as Sir John Arundel of Arundel, knight), John, earl of Oxford (born 23 April 1408), and Ralph Neville, earl of Westmorland (born September 1406 or 1407), who had been knighted during the parliament on 1426. Thomas, lord Roos (born 26 September 1406), had also been present and had been knighted during the parliament of 1426, and had his right to his lands confirmed at the parliament of 1427 (Parliament of 1427, item 15) but like Westmorland he received his first summons in 1429. Although he had had livery of his lands in 1423, Walter, lord Fitzwalter was summoned for the first time having previously been serving in France. It was probably for the same reason that William, lord Fitzhugh, received a summons for the first time, although he had entered his inheritance at his father's death in 1425. John, lord Grey of Codnor, who had not been summoned in 1427 because he was in Ireland, did receive a summons on this occasion.

Although, as ever, we have difficulties in knowing precisely who was actually present at the parliament, there appears to have been a major effort to assemble as many peers as possible, no doubt because of the seriousness of the situation in France, but also perhaps because a coronation was already intended when the first writs were issued. Roskell considered that attendance of the peers was likely to be considerable, pointing to the fact that 37 peers are known to have attended the great councils in April and May. We know the names of 256 possible MPs out of a likely 264, although in some cases the result of a contested election is unclear or else the name on the indenture differs from that on the schedule (see also Parliament of 1429, Appendix item 16). (fn. int1429-22)

Parliament opened in the Painted Chamber at Westminster on Thursday 22 September in the presence of the king. The opening sermon was given by the chancellor, John Kemp, archbishop of York (items 1-4). His central theme was that of heresy and in particular the Hussite actions in Bohemia, but problems in England were not forgotten. There were errors and heresies at home too. (Indeed, the years 1429-31 marked a period of increased concern about Lollardy.) The religious health of the nation was central to its overall condition. Therefore, 'if true faith, due fear and true justice are reborn ... the realm will undoubtedly stand firm'. There was also emphasis on the duty of the prince to maintain justice and to defend his subjects and realms. The use of the plural in this last phrase is significant as indicating the need to sustain interests in France, which technically were not within the remit of the English parliament. The duty of the subject to support the prince was also noted 'when the prince's own faculties are not enough'. According to a St Albans chronicler, ambassadors from France and Normandy had come to the parliament to beseech the aid of the English against the threat of the Dauphin. (fn. int1429-23) Whether this was at the opening or later in the sessions is not specified.

Receivers and triers were then appointed, with one week being allowed for submission of petitions (items 5-8). That more petitions were expected, and had perhaps been encouraged, is suggested by the fact that the quorum of triers was set at the same level as in 1426, but higher than in 1427. The election of the speaker was announced on the second day of the parliament but he was not presented until Monday 26 September. The choice had fallen on William Allington, whose experience from 1398 to 1422 had lain largely in the overseas territories, as treasurer successively of Calais, of Ireland, and of Normandy. He had been closely connected with Thomas, duke of Clarence, but had subsequently developed links with Cardinal Beaufort and Lord Cromwell as well as the earl of Huntingdon. He had served as sheriff of Cambridgeshire and Huntingdonshire in 1423 and 1427, and had also been a member of the royal council in the 1420s. (fn. int1429-24) But it may have been his experience in France which made him a particularly appropriate choice as speaker since the defence and financing of English interests overseas were likely to be major issues on the agenda. It is possible that some of the common petitions were stimulated by Allington's role, namely item 37 and 58 concerning problems in Cambridgeshire, and item 40 concerning the demands which the Exchequer placed on sheriffs.

Some of the business can be dated with certainty to the first session. The king was crowned at Westminster Abbey on 6 November. As we have already noted, on 15 November, the duke of Gloucester relinquished the title of protector in the light of deliberation in the lords (item 13). As Roskell suggested, the end of the formal protectorship was bound to enhance the significance of the council. (fn. int1429-25) On 18 December 1429 Cardinal Beaufort formally asked permission in parliament to attend the king's council despite his holding of a cardinalate. As the roll notes, it had not been expected in England in the past that anyone elevated to such a dignity would be allowed to attend the royal council (item 17). No doubt his willingness to divert his crusade troops and to make loans to the crown had made his presence acceptable, whatever Gloucester might have thought. With a recent coronation and a likely royal expedition to France, an expression of unity was needed.

Six days before, on 12 December, the commons had announced their grant of a lay subsidy, the first of the reign, to be collected with great speed by 14 January 1430 (item 11). (fn. int1429-26) It would seem likely that the first session had seen ample discussion of the need to secure the position in France, although none of this is recorded on the roll. On 20 December, the last day of the parliament, on the same day that commissioners for collection of the subsidy announced on 12 December were appointed, the commons announced their grant of a second tenth and fifteenth to be levied on 25 December 1430 (item 14). (fn. int1429-27) In announcing their grant, they also expressed their commendation of Cardinal Beaufort, reassured no doubt that he would make generous loans on the security of tax and that he was accepted as royal councillor. Likewise on 20 December, the commons announced continuation of the grant of tunnage and poundage payable by denizen merchants from 6 December 1429 until the next parliament (item 15). (fn. int1429-28) The rates were as in the past, but in the case of poundage, wheat and wheat flour were added to the customary exemption for wool and woolfells. A clause was also added to allow refund of duty to merchants who lost cargoes at sea on which they had already paid duty. The wool subsidy for denizens was still valid until 1431 thanks to a grant at the 1426 parliament (Parliament of 1426, item 24). In July 1426 the council had diverted part of the revenue from the wool subsidy, along with part of the revenue from tunnage and poundage, should be diverted for five years for the support of Calais. On the last day of the first session of the 1429 parliament, 20 December, it was agreed that a increased proportion of the revenue from these sources should be directed to Calais to pay the arrears of the garrison and to fund repairs (item 24).

It is likely that the authorisation of loans to the total of £50,000 (item 23), almost twice the figure requested in the previous parliament of 1427, also belongs to the first session. Although the item is undated, its place on the roll between an item dated 30 November (item 22) and the diversion of wool revenues to Calais dated 20 December (item 24) suggests that it may also have been agreed on the last day of the first session. By that point the commons had announced a second lay subsidy, thereby guaranteeing ongoing tax income needed to underwrite the loans. (On 6 March, eleven days after the parliament ended, commissioners were sent out to encourage loans with repayment out of the lay subsidy intended (Parliament of 1429, Appendix item 7).

The generosity of the commons at the end of the second session must have been prompted by their being informed of plans for the king to cross to France for coronation. Such an endeavour would be very costly since the king needed to be honourably and appropriately accompanied and there were still military problems to solve before he could advance to Reims, the traditional crowning place. On 20 December, with the grant of a second lay subsidy ensuring future funds and security for loans, the council was able to write to Paris and other towns in France about the king's intentions: this letter, which noted the king's recent coronation in England, went on to state 'and also it was deliberated and decided in our parliament last held by us that we should soon go in person into our realm of France so powerfully accompanied that we hope with the aid of God the Almighty that with our army we shall put the war far from you so that before our return we shall see our good people of France living and working in firm peace and tranquility'. (fn. int1429-29) On the same day the council also established that whilst the king was absent, Gloucester would hold the position of lieutenant at an enhanced salary.

A few further items can be dated to the first session. These include appointments of judicial officers made by the lords of the council in full parliament (Parliament of 1429, Appendix item 1). On the roll we find negotiations with the duke of Bourbon for his release from the captivity in which he had languished since Agincourt (item 12). The text includes a mention that he had paid liege homage to the king. On 1 December the king ordered the duke to be handed over to Thomas Comberworth (item 20). Gregory's Chronicle notes that the duke 'was sworn English' before the king at Eltham. (fn. int1429-30) It was undoubtedly useful, with Charles VII now crowned and Henry's own visit to France anticipated, to gain the public acceptance of French peers such as Bourbon. There may have been hopes that the other major prisoner of Agincourt, the duke of Orleans, would follow Bourbon's example. On 20 November, the council, acting with the assent of all the lords, issued an order that he be transferred from the care of Thomas Comberworth to that of Sir John Cornwall (item 19). The roll also indicates the plans of Gloucester, agreed by the lords in general, to suggest to Bedford that John, lord Talbot, captured at Patay, be exchanged with a French prisoner, Barbazan (item 18). This also likely dates to the first session since Barbazan, held by the English at Château-Gaillard, was rescued when the French took the castle on 24 January 1430. (fn. int1429-31)

On 30 November the capitular election of Marmaduke Lumley as bishop of Carlisle, the see having become vacant by the death of William Barrow (d. 4 September 1429), was approved subject to royal assent, which was subsequently given and the requisite letters sent to the pope (item 21). The choice of Lumley was not unanimous, however, as a council minute dated to 3 December 1429 indicates, with the duke of Gloucester and lord Scrope voicing their opposition (Parliament of 1429, Appendix item 2). Also on 30 November the lords agreed that petitions presented in the parliament against the abbot of Strata Florida should be delivered to the bishops of Ely and Bath and Wells and the lords Cromwell and Scrope for resolution (item 22).

On 20 December parliament was prorogued for Christmas (item 16), with the chancellor expressing thanks to the commons for the good will which they had shown the king - an oblique reference to their generosity in tax grants. With such grants already in hand, one might wonder why the parliament could not simply be dissolved. Clearly the commons expected some 'reform' for their money. When the commons had made their grant of the second tenth and fifteenth they had expressed their hope 'that we shall be informed of good and wise governance in every part of your realm before you dissolve this present parliament' (item 14), and this hope was mentioned again in the text of the prorogation. Several of the common petitions should perhaps be seen in the context of this statement. If the council ordinances had not been established in the first session, then perhaps the commons were also concerned to see this issue settled.

Parliament assembled again on 16 January, and was in session for a further five weeks, ending on 23 February. It is likely that it was during the second session that new guidelines for the council were approved. The revised council ordinances are found on the roll at item 27. There is an undated copy in the council records with some variations noted between the two texts. (fn. int1429-32) The ordinances were presumably drafted in the council, modeled on those drawn up by the council in Reading in November 1426. (fn. int1429-33) The ending of the protectorship seems to have had little impact on the contents of the ordinances, although 'there is a slight suggestion (e.g. in clause 17) that the special responsibility laid on Bedford and Gloucester in 1426 to ensure that councilors were not corrupted was removed now that the protectorate was ended'. (fn. int1429-34) The 1429 ordinances were exhibited in parliament where they were agreed by the lords and read in the presence of the king and the whole parliament. The lords then swore in parliament to uphold these ordinances. A list of 15 names is given, including Gloucester and Cardinal Beaufort. (This list is the same as in the council records, save that names of the archbishop of Canterbury and of Cardinal Beaufort are reversed.) Although it is possible that these ordinances were drafted during the first session following the end of the protectorship, it seems likely from their position on the roll that they were finalised and sworn to in the second session, since they follow the record of tax grants made on the last day of the parliament, 23 February (items 25 and 26).

Although the text of these ordinances makes clear that they were not formulated to deal with the intended absence of the king, plans for his visit to France were certainly being formulated during the second session. It was already apparent that the cost was not simply that of sending and maintaining the cost of the king and his household. A large military showing would also be necessary to recover lost ground and to ensure royal safety. Negotiations towards Anglo-Burgundian military cooperation were also vital. By mid- December 1429 the council had decided to send an embassy to Duke Philip headed by Cardinal Beaufort. (fn. int1429-35) It is interesting to note, too, the presence at the English court in December of the duke's intended bride, Isabella of Portugal, en route to her wedding, which took place in Flanders on 7 January 1430. (fn. int1429-36) As the Cardinal's niece, and a half cousin of the king, it was no doubt hoped that she would assist in cementing the Anglo-Burgundian alliance. Beaufort crossed to Flanders in early February, and Duke Philip agreed on the twelfth of the month to enter into indenture to serve Henry VI with 1,500 men in return for 12,500 marks. (fn. int1429-37) On 8 March the duke was granted in tale male the county of Champagne, in which Reims lay, clear indication that the English wished to provide him with an incentive to recover the coronation city. (fn. int1429-38)

The significance of Beaufort's missions was not lost on the St Albans chronicler, John Amundesham, who spoke thus of the second session of parliament: 'the parliament was recommenced for the sake of the expedition of the king to France, for which purpose the Cardinal of England, bishop of Winchester, was sent to France so that the French might be pacified against the king's coming'. (fn. int1429-39) Preparations no doubt formalized as this second session drew to a close, encouraged by the commons' generosity announced on the last day of the assembly, 23 February. They agreed to extend the wool subsidy to November 1433 (item 25). (fn. int1429-40) They also granted that the collection of the second tenth and fifteenth granted at the end of the first session should be brought forward from 25 December 1430 to 18 November 1430 (item 26). (fn. int1429-41) This was no doubt known by the time the majority of indentures for the 'coronation expedition' were drawn up between 18 and 20 February, including 19 peers. (fn. int1429-42) The presence of so many lords at the coronation and at the parliamentary sessions can only have assisted in the raising of what was intended to be a prestigious and large army. (fn. int1429-43) This army is also mentioned in one of the petitions on the roll (item 53). This speaks directly of the king's intention, with the advice of his council to cross to his realm of France, and of the request of the lords, knights and esquires who will cross with him in his expedition, to have properly worded letters of protection to prevent their disinheritance in any land disputes in their absence overseas.

After the enrolment of the council ordinances at item 28, the remainder of the roll consists of two sets of petitions. The first set is headed ' special petitions ... presented in the parliament by the commons'. The three items found here relate to the levy of poundage in Bordeaux, as granted by the citizens in 1415, which the king now agrees to annul (item 29). The petition is made to the commons, although it is not clear who the petitioners are. The second item is in the form of a petition put to the king and the lords by the town officials and people of Tewkesbury and concerned attacks on their vessels in the Severn by men of Bledisloe and Westbury (item 30). This petition was also granted. The third petition was put forward by John Arundel, warden of St George's Chapel, Windsor, to deal with the problem of confused nomenclature, he being called dean in some contexts (item 31). This also was allowed. (fn. int1429-44)

The second set of petitions is headed 'petitions presented to king by prelates and clergy and by the commons of England'. There follow 27 entries numbered contemporaneously from I to XXVII but with no titles. These form items 32 to 60 on the roll. The first three are presented in a variety of forms. The first is a successful petition by the prelates and clergy that they and their servants should enjoy immunity in coming to, attending and returning from convocation in the same way as the lords and commons had for parliament (item 32). The second is in the form of a proclamation by the king of England that, for the sake of longstanding friendship with Denmark, no Englishman should act to the contrary of the Danish king's requirement that English merchants should use his staple at Northbarn (item 33). The third is in standard petition form but does not name a petitioner or mention the commons. It was a request to the king, in effect from the parliament as a whole, that the powers of commissioners for sewers granted in the previous parliament should be redefined as the wording enrolled on the previous roll had proved unsatisfactory (item 34) (Parliament of 1427, item 43).

A further six of the petitions numbered from I to XXVII are not in the standard form of common petitions. Item 36 was a request for a common balance to be maintained in each town, along with a set national scale of weighing charges. This was particularly aimed at preventing fraud by 'regrators of yarn called yarn choppers' (item 36). Three are petitions put to the commons by named groups which the commons then present to the king. The first of these is put forward by 'poor merchants of several parts of England' asking that lambswool which was valued at less than the 12d on which poundage was levied should be exempt from the custom on wool and all other charges (item 47). This was referred. The second was put forward to the commons by the mayor, aldermen and commons of London, who were fearful that the city customs of London concerning apprentices were being challenged by a clause in the statute of 1406 (item 51). (fn. int1429-45) The third was probably put forward by the lords, knights and esquires who were intending to cross to France on the king's expedition and asked that the king, with the advice of the lords spiritual, temporal and the commons in the present parliament, agree to the wording and operation of the letters of protection to be issued or already issued to those serving in the army (item 53). Another petition concerning errors in writs was probably put forward on behalf of the legal officials (item 55).

After the contemporary numbering ends, we find a series of petitions concerning the Calais staple and other aspects of trading activity, especially concerning foreign merchants and currency exchange (items 60-66). These resulted in what is commonly called the Partition and Ordinance of the Staple. (fn. int1429-46) No answers are given for items 60 to 65. The government was as yet reluctant to act against alien traders. At item 68 there is recorded the decision on the length of office of the mayor of the Calais staple. Gregory's Chronicle notes that it was at the parliament that John Raynwell 'shulde be mayor of the staple of Calais iii yere foloynge'. (fn. int1429-47) At item 67 there is a petition concerning franchisal justice.

Twenty petitions in the numbered sequence from I to XXVII are presented by the commons in their own name, but with slight variations in the opening headings. These cover the value of clothes provided as livery, with appropriate exemption for war retinues (item 35); (fn. int1429-48) piracy to be reckoned as a felony (item 42); forcible entries into lands (item 49; corrections and changes to writs (item 52). As Myers has noted, this petition is also unusual as it was introduced in the lords and sent down to the commons, who then agreed to it so long as certain amendments which they put in a schedule were included. (fn. int1429-49) An important petition concerned the improper conduct of inquests into lands by escheators which had led in some cases to lands held in royal hands being leased at farm before the inquest had been returned to chancery (item 56). The ensuing statute was cited in many subsequent cases concerning inquisitions (for examples, see Parliament of 1429, Appendix items 13 and 14). Item 59 asked for the full observance of the requirement that all goods should be exported through the Calais staple, naming certain exceptions for Berwick-on Tweed and for various Italian merchants, and laying down penalties as well as rewards for informers.

The bad behaviour of Irish students at Cambridge, who were linked to various misdeeds in that city and in the counties of Cambridgeshire and Essex, was also a subject of petition (item 58), much as their counterparts at Oxford had been in 1422 (Parliament of 1422, item 43), with a further attack on Irish students in both universities in 1423 (Parliament of 1423, item 47). Felonies in Cambridgeshire were also the subject of item 37: this may have been linked to the experiences of the speaker, William Allington, who had recently served as sheriff of the county. Further difficulties encountered by sheriffs concerning exchequer levies on the chattels of felons were also the subject of petition (item 40). In this case the answer was to refer the particular difficulties to the council, who would come to a decision 'by the authority of parliament', with the advice of the royal justices and barons of the exchequer.

There were also complaints about the Scots not observing safe-conducts which had been issued under the statute of 1414 (item 43). The parliament of 1414 was also invoked in another petition concerning lawlessness in more general terms (item 54). Attacks by Welshmen on boats navigating the Severn were also the subject of a petition (item 44). This covered much the same ground as the petition put forward in the previous parliament (Parliament of 1427, item 42). Another petition, item 48, asked for the statute of labourers made in the previous parliament to be made permanent (Parliament of 1427, item 36). The matter of false indictments made by those within franchises was also raised (item 50), an extension of the issue which had come before the previous parliament where it had given rise to a statute (Parliament of 1427, item 28).

The petition at item 38 asked for confirmation that the court of the constable and marshal should deal with offences committed outside the realm, whilst offences committed inside the realm should be dealt with before King's Bench according to the common law. It is interesting to speculate that this was occasioned to cater for potential judicial processes during the impending visit of the king and his household to France. The war with France also occasioned two further petitions. One concerned complaints about soldiers en route to France exploiting the inhabitants of Kent and Sussex, especially in taking foodstuffs for no or little payment (item 45).

Four of the petitions put forward by the commons concerned parliamentary matters. The most famous is that establishing the forty-shilling freehold as the basis of the franchise (item 39), but there were two others on election expenses (items 41, 46). The common petition which let to the establishment of the franchise argued that 'the election process was now being threatened not by corruption of sheriffs but by the excessive number of people who attended the county court at election time, many of whom, the Commons complained, were poor and without property ( de null valu' ) and yet claimed an equal voice in the election with the leading shire gentry.' (fn. int1429-50) Hence they asked for a property threshold (although a fairly inclusive one which acknowledged the importance of yeomen and wealthy husbandmen) and a residence requirement (within the county). Their petition also asked that if the case of a contested election, the person with the greatest support amongst electors should be returned. Payling suggests that this request was also occasioned by excessive numbers attending, since without a formal means of dealing with divided opinion, the matter could so easily fall to riot.

A further petition invoked parliamentary privilege, in that it concerned the arrest and imprisonment in the Fleet of William Larke, servant of William Milrede, who was member for the city of London, who had been unjustly accused by Margery Janyns (item 57). It is interesting to note that the consent to his release, made by the king on the advice of the lords and at the request of the commons, although the lords acted alone to decide on the outcome, (fn. int1429-51) also needed the assent of the counsel of Margery, and made it clear that she should have execution of the judgment she had against Larke after the end of the parliament.

The penultimate item on the roll, 69, is dated, since it records how, on the last day of the present parliament three petitions presented by the commons to the king, on behalf of the household servants of Henry V, on behalf of his chapel, and on behalf of Margaret Sarnesfield, should be committed to the lords of the council for determination. It ends by noting that the petitions were delivered to Richard Caudray, clerk of the council. The case of Margaret Sarnesfield came before a later parliament (Parliament of 1432, item 23 and Appendix item 19). This is also probably the case for the clerks of the chapel because no grant was made to them until 1432 (Parliament of 1432, Appendix item 1). It is possible, therefore, that decisions on these petitions were put to one side until the king's return from France, and hence not dealt with at the parliament of 1431. It is also relevant to note that Margaret Sarnesfield's protagonists in a dispute over the manor of Helston-in-Kerrier, Richard Penpons, Robert Treage and Sir John Arundel of Trerice had not been elected to the parliament of 1429. This may explain why she was able to gain a favourable outcome on this occasion through the grant of a writ of nisi prius. (fn. int1429-52)

The last item on the roll (item 70) is a petition to the king and lords by the prior of Llanthony concerning a dispute which had been heard in the parliament of Dublin, the records of which the prior now wishes to be inspected in the parliament so that justice could be done 'according to the law and custom of your realm of England'. No answer to this bill is given on the roll.

According to the Brut, it was on the very day after parliament ended, 24 February 1430, that the king began his progress towards the coast of Kent. (fn. int1429-53) On 26 February representatives of the Lancastrian administration in France who had been in England since late in 1429 left to carry back news of the king's intended arrival. (fn. int1429-54) That this was already intended for April is confirmed by a royal letter sent to the abbey of Bury St Edmunds on 12 February announcing that 'we are concluded that we should pass to our realm of France in the month of April next for the recovery of our kingdom'. (fn. int1429-55) It is tempting to suggest that a royal landing in Calais on St George's Day was already planned, with the intention that the main body of the army should follow within a week, for the indentures had ordered a muster at Dover for 1 May. The 'coronation parliament' had signified both symbolically and practically the young king's royal authority. Now the plan was to assert that authority in Henry's kingdom of France.

Text and translation

[p. iv-335]
[col. a]
[memb. 15]
ROTULUS PARLIAMENTI TENTI APUD WESTM' IN CRASTINO SANCTI MATHEI APOSTOLI, ANNO REGI REGIS HENRICI SEXTI POST CONQUESTUM OCTAVO. THE ROLL OF THE PARLIAMENT HELD AT WESTMINSTER THE DAY AFTER ST MATTHEW THE APOSTLE IN THE EIGHTH YEAR OF THE REIGN OF KING HENRY THE SIXTH SINCE THE CONQUEST [22 SEPTEMBER 1429].
Pronunciacio parliamenti. The opening of parliament.
1. Memorandum quod die Jovis in crastino Sancti Mathei apostoli, videlicet, vicesimo secundo die Septembris, anno regni regis Henrici sexti post conquestum octavo, ipso domino rege in solio regio, in camera Depicta apud Westm' residente; assistentibus sibi quampluribus prelatis, proceribus et communibus regni Anglie, ad parliamentum tunc summonitum auctoritate regia convocatis: venerabilis pater Johannes Eborum archiepiscopus, cancellarius Anglie, causam summonitionis parliamenti predicti egregie declaravit; assumens pro suo themate, illud Luce .xi. o : 1. Be it remembered that on Thursday the day after St Matthew the apostle, that is 22 September in the eighth year of the reign of King Henry the sixth since the conquest [1429], with the lord king sitting on the royal throne in the Painted Chamber at Westminster with very many prelates, nobles and the commons of the realm of England who were then present, having been summoned to parliament by royal authority, the venerable father John, archbishop of York, chancellor of England, declared in fine fashion the reasons for the summons of the aforesaid parliament; taking as his theme that of Luke 11:
2. Quomodo stabit regnum. (fn. iv-335-7-1) Pro cujus textus exposicione, asseruit textum illum, quoad regnum Anglie, dupliciter posse declarari; videlicet, per modum admirationis, et per modum questionis: per modum admirationis, propter tria; videlicet, propter defectum vere fidei, que cujuslibet boni operis radix est et fundamentum; eo quod sine fide, secundum apostolum, impossibile est placere Deo: per fidem etiam sancti regna viterunt. Secundo, propter defectum timoris debiti, qui cujuslibet bone mentis est anchora et stabilimentum; nam qui timet nichil, negligit; et qui sine timore est, non potest justificari. 2. 'How will the realm stand'. (fn. iv-335-7-1) In elucidation of which text he declared that it could be explained in two ways with respect to the kingdom of England, namely, by way of wonderment and by way of disputation: by way of wonderment on account of three things. Namely, because of a lack of the true faith which is the root and foundation of all good work, for, according to the apostle, without faith it is impossible to please God; kingdoms thrive by faith of the holy. Secondly, because of the lack of due dread, which is the anchor and support of all good minds; for he who fears nothing is improvident and he who is without fear cannot be pardoned.
3. Tertio, propter defectum recte justicie, que cujuslibet regni prosperitas est et fulcimentum; nam ex justicia sequitur pax, et ex pace rerum habundantia maxime procreatur. Subsequenterque prefatus dominus cancellarius notabiliter declaravit, qualiter in regno Anglie, propter hujusmodi virtutum defectus, vitia dictis virtutibus contraria, videlicet, errorum et heresum infidelitas, obstinatia, pertinatia et injuriarum perversitas, quod dolendum nimium, convalescunt. Primo enim ostendebat, qualiter ex defectu vere fidei, errorum pululat infidelitas, que nonnullorum civitatum et regnorum, utpote regni Boemie et illius egregie civitatis Jerusalem secundum quod ipsa veritas inde prophetavit dicens; Jerusalem si cognovisses et tu etc. scilicet per veram fidem, subversionis causa extitit et destructionis. Pro secundo vero asseruit, quod duplex fuit timor, unus videlicet, spiritualis et virtuosus, et alius carnalis sive mundialis et viciosus, set timore debito et virtuoso, qui in duobus consistit, in timore scilicet Dei et hominis propter Deum, in dicto regno sublato, ex timore vicioso obstinacie pertinacitas, que causa fuit destructionis Dathon, Abiron et Chore ut Numbr' .xvi. habetur, in eodem regno modernis temporibus < subrogatur > . Pro tertio, similiter ostendebat, qualiter in eodem regno, pro defectu recte justicie, superhabundat injuriarum et oppressionum nephanda perversitas, que translacionis causa diversorum extitit regnorum, nam ut dicit Sap' Eccl' .x. o capitulo regnum a gente in gentem transferetur, propter injusticias et injurias. Pro quibus erroribus et viciis in regno Anglie plus solito concrescentibus; predictus [col. b] dominus cancellarius, dictum suum thema admirando de dicto regno repetiit, dicens, Quomodo stabit regnum. 3. Thirdly, because of a lack of proper justice, which is the source of prosperity and the support of any realm, for peace follows from justice and abundance is generated most by peace. And afterwards the aforesaid lord chancellor clearly declared how, on account of the lack of such virtues, defects contrary to the said virtues flourished in the realm of England, namely, the faithlessness of errors and heresies, obstinacy, pertinacity and perversity of wrongdoing, which are much to be lamented. He showed firstly how from a lack of true faith the faithfulness of errors spring forth, which maxim, with respect to cities and realms, especially the realm of Bohemia and that famous city of Jerusalem is prophesised, saying, 'Jerusalem if you had known and you' etc. namely, in very truth it was the cause of subversion and destruction. For the second he declared that fear was in fact twofold; namely, one fear, spiritual and virtuous, and the other, carnal or worldly and vicious. But because of due and virtuous fear (which exisits in two forms, to wit, fear of God and fear of man on account of God) has been removed in the said realm, the pertinacity arising out of the vicious fear of obstinacy, which was the cause of the destruction of Dathan, Abiram and Korah as is given in Numbers 16, has been substituted within this same realm in recent times. For the third, he likewise declared how in the same realm, because of the lack of proper justice, the abominable perverisities of wrongdoings and oppressions were extremely abundant, which caused the loss of diverse realms, for as it says in Wisdom chapter 10, the realm is tranferred from one people to another because of injustices and wrongs. As these untruths and vices have been increasing in the realm of England, the aforesaid [col. b] lord chancellor repeated his text on the theme of what causes wonderment, saying, 'How will the realm stand'.
4. Pro declaratione autem dicti textus per modum questionis, taliter sub compendio respondebat, quod si, hujusmodi viciorum abusionibus in regno predicto radicitus evulsis, vera fides, timor debitus et mera justicia renascantur, nulli dubium quin prospere stabit regnum; asserens ulterius idem cancellarius, quod sicut ex mera justicia principibus convenit, suos subditos [et regna] contra inimicorum insultus exterius defendere, ac pacem, justiciam et tranquillitatem interius pro viribus conservare, sic ex eadem justicia pertinet subditis, suis principibus, cum eorum facultates ad premissa perimplenda sufficere non valeant, bonorum et rerum suarum supportacionem et auxilium efficaciter ministrare. Ad providendum igitur, qualiter dominus noster rex, regnum suum predictum ab inimicis exterius defendere, et ligeos suos, sublatis erroribus et viciis predictis, sub pacis, quietis et justicie dulcedine interius feliciter < poterit preservare > , idem dominus noster rex, de sui sani avisamento consilii, suum presens parliamentum fecerat convocari. Quapropter idem dominus cancellarius, prefatis communibus ex parte domini regis firmiter dedit in mandatis, quod in domo sua communi et consueta in crastino convenirent, et unum prelocutorem suum eligerent, ac sic electum eidem domino nostro regi presentarent. Et ut omnibus se conqueri volentibus justicia possit celerius adhiberi, idem dominus noster rex, certos receptores et triatores peticionum sibi in parliamento predicto exhibendarum, assignari fecit in forma subsequenti. 4. In exposition of the said text by way of disputation, however, he commented briefly in this manner, that if true faith, due fear and true justice are reborn - the roots of abuses of such vices being completely eradicated in the aforesaid realm - the realm will undoubtedly stand firm; the same chancellor further declared that, just as it is appropriate for princes to defend their subjects and realms against the threat of foreign enemies and to maintain peace, justice and harmony for their people by strength, so from the same justice it is the role of the subjects to provide from their goods and possessions effective support and assistance when their princes' own faculties are not adequate to fulfill the foregoing. Therefore to provide our lord king with the means whereby he might successfully defend his aforesaid realm from foreign enemies and, by removing the aforesaid wrongs and defects, keep his lieges under the sweetness of peace, tranquility and justice at home, our lord king, with the advice of his wise council, has caused his present parliament to be summoned. Whereupon the same lord chancellor ordered the aforesaid commons, on behalf of the lord king, that they should assemble the following day in their common and accustomed chamber, and they should elect their speaker, and present him thus elected to our same lord king. And so that justice may be given to all who wished to complain, our same lord king has caused to be assigned certain receivers and triers of petitions to be presented in the aforesaid parliament, as follows.
[p. iv-336]
[col. a]
5. Receivours des peticions d'Engleterre, Irland, Gales, et Escoce:

  • Sire Johan Frank
  • Sire William Prestwyk.
5. Receivers of petitions from England, Ireland, Wales and Scotland:

  • Sir John Frank
  • Sir William Prestwick.
6. Receivours des peticions de Gascoigne, et d'autres terres et paiis par dela le meer, et des Isles:

  • Sire Johan Mapilton
  • Sire Henry Shelford.
6. Receivers of petitions from Gascony, and the other lands and countries overseas, and from the Channel Islands:

  • Sir John Mapleton
  • Sir Henry Shelford.
Et ceux qi vorront deliverer lour petitions, les baillent parentre cy et le samady qe serra en une sepmain. And those who wish to submit their petitions should deliver them between now and one week on Saturday [1 October].
7. Et sont assignez triours des peticions d'Engleterre, Irland, Gales et Escoce:

  • Le duk de Gloucestre
  • L'evesqe d'Ely
  • L'evesqe de Bath
  • L'evesqe de Norwich
  • Le count de Warrewyk
  • L'abbe de Bury
  • L'abbe de Waltham
  • Le sire de Cromwell
  • Le sire de Tiptoft et
  • Sire Johan Juyn.
7. And the following are assigned triers of petitions for England, Ireland, Wales and Scotland:

  • The duke of Gloucester
  • The bishop of Ely
  • The bishop of Bath
  • The bishop of Norwich
  • The earl of Warwick
  • The abbot of Bury St Edmunds
  • The abbot of Waltham
  • Lord Cromwell
  • Lord Tiptoft and
  • Sir John Juyn.
- toutz ensemble, ou sys des prelats et seignurs avauntditz, appellez a eux les chaunceller et tresorer, et auxi les serjauntz du roi, qaunt il bosoignera. Et tiendront lour place en la chambre de chamberlain, pres le chambre Depeintee. - to act all together, or at least six of the aforesaid prelates and lords, consulting with the chancellor and treasurer, as well as the king's serjeants, when necessary. And they will hold their session in the chamberlain's chamber, next to the Painted Chamber.
8. Et sont assignez triours des peticions de Gascoigne, et des autres terres et paiis par dela le meer, et des Isles:

  • Le duc de Norffolk
  • L'evesqe de Loundres
  • L'evesqe de Seint Davy
  • L'evesqe de Rouchestre
  • L'abbe de Evesham
  • L'abbe de Colchestre
  • Le sire de Roos
  • Le sire Lescrop'.
8. And the following are assigned triers of petitions for Gascony, and the other lands and countries overseas, and for the Channel Islands:

  • The duke of Norfolk
  • The bishop of London
  • The bishop of St Davids
  • The bishop of Rochester
  • The abbot of Evesham
  • The abbot of Colchester
  • Lord Roos
  • Lord Scrope.
- toutz ensemble, ou trois des prelats et seignurs avauntditz, appellez a eux les chaunceller et tresorer, et auxi les serjauntz du roi, qaunt il bosoignera. Et tiendront lour place en la chambre Marcolf. - to act all together, or at least three of the aforesaid prelates and lords, consulting with the chancellor and treasurer, as well as the king's serjeants, when necessary. And they will hold their session in the Marcolf Chamber.
Electio prelocutoris. Election of the speaker.
9. Item, die veneris secundo die parliamenti prefati communes per quosdam socios suos declaraverunt, dominis spiritualibus et temporalibus in presenti parliamento, quod ipsi mandatum domini regis pridie sibi injunctum cum omni diligentia exequentes, elegerunt quendam Willelmum Alyngton armigerum, prelocutorem suum, humilime deprecando quatinus de presentacione dicti prelocutoris sui domino regi facienda, quibusdam urgentibus de causis, usque in diem Lune tunc proximo futuro possent respectuari: quod eis extitit concessum. 9. Item, on Friday the second day of the aforesaid parliament [23 September] the commons, through certain of their fellows, explained to the lords spiritual and temporal in the present parliament that they themselves, in carrying out with all diligence the command of the lord king enjoined to them the day before, had elected a certain William Allington, esquire, as their speaker, humbly praying that the presentation of their said speaker to be made to the lord king, because of certain pressing reasons, be postponed until Monday then next following [26 September]: this was granted to them.
Presentacio prelocutoris. Presentation of the speaker.
10. Item, die lune, vicesimo sexto die Septembris, prefati communes presentaverunt domino regi, predictum Willelmum Alyngton', prelocutorem suum; de quo idem dominus rex, de avisamento consilii sui, se bene contentavit. Qui quidem Willelmus, post excusacionem suam coram domino rege factam, pro eo quod ipsa sua excusatio ex parte dicti domini regis admitti non potuit; eidem domino regi humilime supplicavit, quatenus omnia et singula per ipsum in parliamento predicto, nomine dicte communitatis proferenda et declaranda, [col. b] 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 posset inactitari. Cui per prefatum dominum cancellarium, de mandato domini regis, et avisamento consilii sui, extitit responsum, quod idem Willelmus tali protestacione frueretur et gauderet, quali alii prelocutores hujusmodi, tempore dicti domini regis, ac nobilium progenitorum suorum, in hujusmodi parliamentis uti et gaudere consueverunt. 10. Item, on Monday 26 September the aforesaid commons presented the aforesaid William Allington, their speaker, to the lord king; whom the lord king, with the advice of his council, readily accepted. Which William, after making his protestation before the lord king, because his protestation itself was unable to be accepted on behalf of the lord king, humbly beseeched the same lord king that he might be able to say and declare each and every thing to be said and declared by him in the aforesaid parliament, in the name of the said commons, [col. b] under such protestation that if he himself might declare something enjoined to him by his aforesaid fellows, other than has been agreed for him, or made additions or omissions that he might be corrected and amended by his fellows in what he had declared, and that his protestation should be recorded on the roll of the aforesaid parliament. To which it was replied by the aforesaid lord chancellor, at the command of the lord king and with the advice of his council, that the same William might enjoy and have the benefit of such protestation as other speakers have been accustomed to use and enjoy in such parliaments in the time of the said lord king and his noble progenitors.
Concessio prime quintedecime. The grant of the first fifteenth.
11. Memorandum quod duodecimo die Decembris anno presenti communes regni in presenti parliamento existentes et coram domino rege in eodem parliamento comparentes, ad Dei laudem, et ob grandem amorem et sinceram affectionem, quam erga dictum dominum nostrum regem gerebant et habebant, de assensu dominorum spiritualium et temporalium in dicto parliamento existentium, auctoritate ejusdem parliamenti, concesserunt prefato domino nostro regi, specialiter pro defensione regni sui Anglie, unam integram quintamdecimam, et unam integram decimam de laicis, modo consueto levanda, et domino nostro regi in crastino Sancti Hillarii tunc proximo futuro solvendas, juxta formam cujusdam cedule indentate inde confecte et prefato domino regi tunc ibidem exhibite, in hec verba: 11. Be it remembered that on 12 December in the present year the commons of the realm who were in the present parliament, appearing before the lord king in the same parliament, for the honour of God and from the great love and complete affection which they show and have towards our said lord king, with the assent of the lords spiritual and temporal who were present in the said parliament, by the authority of the same parliament, had granted to our aforesaid lord king, for the defence of his realm of England in particular, a whole fifteenth and a whole tenth to be levied on the laity in the customary manner and to be paid to our lord king the day after St Hilary then next following [14 January 1430], according to the terms of a certain indented schedule made thereupon and presented to the aforesaid lord king, in these words:
To the worship of God, and for the grete love and entier affection, the whiche we your povere commens of this your noble roialme have to yow our most soverein lord the kyng, be assent of the lordes espirituelx and temporelx, in this your present parlement beyng, holden at Westm' on the morne next after the fest of Seint Mathewe the appostell the yeer of your regne the .viij. e ; be auctoritee of the same parlement graunt to yow our seide soverein lord the kyng, for the defence of this your seid roialme in especiall, an hole quinszisme, and an hole disme of your lay poeple, to be arered in manere accustumed, paiable the morne after Seint Hillarie day next comyng. (fn. iv-335-39-1) For the honour of God, and the great love and entire affection which we your poor commons of this your noble realm have for you, our most sovereign lord the king, by the assent of the lords spiritual and temporal, who are in this your present parliament held at Westminster on the day after the feast of Saint Matthew the apostle in the eighth year of your reign, by the authority of the same parliament, grant to you our said sovereign lord the king, for the defence of this your said realm in particular a whole fifteenth and a whole tenth to be levied on your lay people in the customary manner, to be paid the day after the next feast of St Hilary. (fn. iv-335-39-1)
De intendendo tractatui cum duce Burbon'. Concerning the proposed negotiation with the duke of Bourbon.
12. Item, considerato qualiter carissimus consanguineus domini regis dux Burbon', maxime ut dicebatur affectabat ad tractandum cum domino rege et consilio suo, pro financia et redempcione faciendis, pro deliberacione sua habenda, qualiter eciam idem dux homagium ligeum eidem domino nostro regi fecit, ac in membris suis per diversas infirmitates adeo debilis et quasi confractus devenit, quod se circa actus guerrinos de cetero occupare, aut arma imposterum gerere, ut creditur, non valebit; pensatis similiter et diligenter attentis, immensis dampnis et deperditis, que dicto domino regi, per mortem prefati ducis, si ipse ante tractatum hujusmodi deficeret, de facili possent evenire; aceciam quantum finantia sua predicta dicto domino nostro regi proficeret, si tractatus hujusmodi effectum debitum sortiretur, de avisamento dominorum spiritualium et temporalium in presenti parliamento existentium concordatum fuit, ac expediens videbatur eisdem, quod dominus noster rex, et dictum consilium suum, circa tractatum predictum intenderent cum effectu. 12. Item, having considered how the duke of Bourbon, the most esteemed kinsman of the lord king, it is said, might be encouraged especially to negotiate with the lord king and his council in order to make payment and ransom in return for securing his release, also how the same duke has paid liege homage to our same lord the king, and how through various infirmities in his limbs he has become so weak and almost incapacitated that he himself is henceforth unable to perform acts of war or bear arms, or so it is believed; having similarly considered and diligently reflected upon the immense damage and harm which might easily befall the said lord king by the death of the aforesaid duke if he should die before such negotiation, and also how he should pay his aforesaid ransom to our said lord king if this negotation should achieve due effect, with the advice of the lords spiritual and temporal who are in the present parliament, it was agreed and considered expedient that our lord king and his said council should direct themselves fully towards the aforesaid negotiation.
[memb. 14]
De nomine protectoris cessando. Concerning the ending of the name of protector.
13. Memorandum quod licet in parliamento, metuendissimi domini nostri regis apud Westm' anno regni sui primo tento, considerata etate tenera dicti domini nostri regis, quod ipse circa protectionem et [p. iv-337][col. a] defensionem regni sui Anglie, ac ecclesie Anglicane, personaliter intendere non potuit, idem dominus rex, de circumspectionibus et industriis carissimorum avunculorum suorum Johannis ducis Bedford, et Humfridi ducis Gloucestr' plenarie confidens; de assensu et avisamento dominorum tam spiritualium quam temporalium, in parliamento predicto existentium, necnon de assensu communitatis regni Anglie existentium in eodem, ordinaverit et constituerit dictum avunculum suum ducem Bedford', in partibus exteris tunc existentem, regni sui et ecclesie Anglicane predictorum protectorem et defensorem, ac consiliarium ipsius domini regis principalem: et quod ipse dux, ejusdem regni protector et defensor, ac ipsius regis principalis consiliarius esset et nominaretur, postquam rediret in Anglia, et ad presenciam prefati domini regis veniret, et quamdiu extunc in eodem regno moram faceret, et eidem domino nostro regi placeret. (fn. iv-335-45-1) Et ulterius, idem dominus rex, de assensu et avisamento predictis, ordinaverit et constituerit, in absentia prefati avunculi sui ducis Bedford, prefatum avunculum suum ducem Gloucestr', tunc in regno suo Anglie existentem, ejusdem regni et ecclesie Anglicane protectorem et defensorem, ac consiliarium ipsius domini regis principalem; et quod ipse dux Gloucestr', ejusdem regni Anglie et ecclesie predicte protector et defensor, ac principalis consiliarius ipsius domini regis esset et nominaretur, quamdiu regi placeret; et quod super hoc, littere ipsius domini regis patentes fierent sub certa forma, in quodam acto inde in parliamento predicto edito, et in rotulo ejusdem parliamenti irrotulato contenta, prout in eodem acto plenius continetur. Quia tamen prefatus dominus noster rex sexto die Novembris anno presenti, protectionem et defensionem regni et ecclesie predictorum in coronacione sua suscepit, atque ad eadem ecclesiam et regnum protegendum et defendendum, in dicta sua coronatione sacramentum prestitit corporale; pro eo eciam quod avisamento diligenti et deliberacione matura habitis, inter dominos spirituales et temporales, in presenti parliamento existentes, utrum dictum nomen protectoris et defensoris, ex causa predicta, cessare deberet, necne; auditisque et intellectis nonnullis notabilibus rationibus et allegacionibus in hac parte factis; tandem videbatur dominis spiritualibus et temporalibus, quod dictum nomen protectoris et defensoris, a tempore coronacionis predicte, ex causa predicta, specialiter cessare deberet; nomine tamen principalis consiliarii dicti domini nostri regis, prefatis ducibus et eorum alteri, quamdiu eidem domino regi placuerit, juxta formam et effectum acti et litterarum patentium predictorum, in omnibus semper salvo. Prefatus dux Gloucestr', notificatis sibi hujusmodi avisamento et deliberacione dominorum predictorum, predictum nomen protectoris et defensoris ecclesie et regni predictorum tantum, quinto decimo die Novembris dicto anno presenti, in presenti parliamento, quantum ad personam suam tantum pertinuit, realiter dimisit et relaxavit. Protestando tamen, quod dimissio et resignatio sua hujusmodi, prefato fratri suo duci Bedford non cederent in prejudicium quoquo modo, quin idem frater suus ad libitum suum nomen illud dimittere vel non dimittere deliberare se possit et avisare; dimissione et resignatione predictis in aliquo non obstantibus. 13. Be it remembered that whereas in the parliament of our most dread lord king held at Westminster in the first year of his reign [1422], that considering the age of our said lord king, he was not able himself to attend personally to the protection and [p. iv-337][col. a] defence of his realm of England and the English church, the same lord king, being fully confident in the circumspection and diligence of his dearest uncles John, duke of Bedford, and Humphrey, duke of Gloucester, with the assent and advice of both the lords spiritual and temporal who were present in the aforesaid parliament, and also with the assent of the commons of the realm of England who were assembled in the same, ordained and appointed his said uncle the duke of Bedford, who was then overseas, protector and defender of his aforesaid realm and the English church, and the chief councillor of the same lord king; and that the duke himself be and be named protector and defender of the same realm and the chief minister of the king's council when he should return to England and come before the aforesaid lord king, and as long as he should then remain in the same realm, and during our lord the king's pleasure. (fn. iv-335-45-1) And the same lord king further ordained and appointed with the aforesaid assent and advice, in the absence of his aforesaid uncle the duke of Bedford, his aforesaid uncle the duke of Gloucester, who was then present in his realm of England, protector and defender of the same realm and the English church, and the chief minister of the same lord king's council; and that the duke of Gloucester himself be and be named protector and defender of the same realm of England and the chief councillor of the same lord king, during the king's pleasure; and that king's letters patent be made on this under a certain form specified in a certain act proclaimed thereupon in the aforesaid parliament and enrolled on the roll of the same parliament, as is more fully contained in the same act. However, because our aforesaid lord king assumed the protection and defence of the aforesaid realm and church in his coronation on 6 November of the present year [1429], and has sworn on oath to protect and defend the same church and realm in his said coronation; also after diligent and full deliberation had taken place between the lords spiritual and temporal assembled in the present parliament concerning whether the said name of protector and defender ought to be annulled for the aforesaid reasons or not; and having heard and understood several extremely full reasons and arguments made in this regard; it was finally considered by the lords spiritual and temporal that the said name of protector and defender ought particularly to be annulled from the time of the aforesaid coronation, on account of the aforesaid; saving always in all regards however, the name of chief minister of our said lord king's council to the aforesaid dukes and to either of them as long as it will please the king, according to the form and effect of the aforesaid act and letters patent. The aforesaid duke of Gloucester, after this advice and deliberation of the aforesaid lords had been made known to him, surrendered and relinquished the aforesaid name of protector and defender of the aforesaid church and realm, as it pertained to his person, on 15 November in the said present year in the present parliament, protesting, however, that by this his surrender and relinquishment he should not bring prejudice to his aforesaid brother the duke of Bedford in any way, but that his same brother should be at liberty to decide and take counsel whether to surrender or not surrender that name; notwithstanding in any way the aforesaid surrender and relinquishment.
Concessio secunde .xv. e . The grant of the second fifteenth.
14. Memorandum quod vicesimo die Decembris anno presenti communes regni in presenti parliamento existentes, et coram domino rege in eodem personaliter comparentes, facta primitus speciali recommendacione reverendissimi in Christo patris et domini domini Henrici, permissione divina, etc. Sancti Eusebii presbiteri cardinalis de Anglia vulgariter nuncupati, per prelocutorem suum ulterius declarabant; qualiter ipsi, ad Dei [col. b] laudem, et ob grandem amorem et sinceram affectionem, quos erga prefatum dominum regem habebant et gerebant, de assensu dominorum spiritualium et temporalium, in parliamento predicto existentium, auctoritate ejusdem parliamenti, concesserunt prefato domino nostro regi, pro defensione regni sui Anglie specialiter, unam integram quintamdecimam, et unam integram decimam de laicis, modo consueto levandam, solvendam ad festum Natalis Domini quod erit in unum annum, juxta formam cujusdam cedule indentate inde confecte et eidem domino < regi > per predictos communes in parliamento predicto exhibite, in hec verba: 14. Be it remembered that on 20 December in the present year the commons of the realm assembled in the present parliament and personally appearing before the lord king in the same, with special commendation having been first made of the most reverend father and lord in Christ Lord Henry, by divine permission etc., commonly known as cardinal priest of St Eusebius of England, further declared through their speaker how they themselves, for the honour of God [col. b] and from the great love and complete affection which they show and have towards the aforesaid lord king, with the assent of the lords spiritual and temporal who were present in the said parliament, by the authority of the same parliament, had granted to our aforesaid lord king for the defence of his realm of England in particular a whole fifteenth and a whole tenth to be levied on the laity in the customary manner and to be paid at Christmas in one year's time [25 December 1430], according to the terms of a certain indented schedule made thereupon and presented to the same lord king by the aforesaid commons in the aforesaid parliament, in these words:
To the worship of God, and for the grete love and entier affection, the whiche we your povere commens of this your noble roialme have to you our most soverein lord the kyng, be assent of the lordes espirituell and temporell, in this your present parlement beyng, holden atte Westm', on the morne next after the fest of Seint Mathewe the apostell, the yere of your regne the .viij. e ; be auctoritee of the same parlement, graunten to you our said soverein lord the kyng, for the defence of this your seid roialme in especiall, an hole quinszisme, and an hole disme of your lay poeple, to be arered in maner accustumed, paiable atte Cristemas come twelmoneth. Trustyng fully, our gracious soverein lord, thorogh suche comfort as we have conceived be our lordes on your behalf, that we shull have knowelech of gode, and sadde governance in every partie of this your seid roialme, or ye dissolve this your present parlement. (fn. iv-335-50-1) For the honour of God, and the great love and complete affection which we your poor commons of this your noble realm have towards you our most sovereign lord the king, by the assent of the lords spiritual and temporal assembled in this your present parliament held at Westminster on the day after the feast of St Matthew the apostle in the eighth year of your reign, by the authority of the same parliament, grant to you, our said sovereign lord the king, for the defence of this your said realm in particular a whole fifteenth and a whole tenth to be levied on your lay people in the customary manner, to be paid at Christmas in a year's time. Trusting fully, our gracious sovereign lord, through such reassurance as we have been granted by your lords on your behalf that we shall be informed of good and wise governance in every part of this your said realm before you dissolve this your present parliament. (fn. iv-335-50-1)
Concessio tonagii et pondagii. The grant of tonnage and poundage.
15. Item, eodem die, prefati communes, per prelocutorem suum predictum, dicto domino nostro regi ibidem ulterius declarabant; qualiter ipsi, ad Dei honorem, et pro dicti regni Anglie defensione, et presertim pro salva maris custodia, concesserunt eidem domino regi, quoddam subsidium tonagii et pondagii, per mercatores indigenas, a festo Sancti Nicholi tunc ultimo preterito, usque proximum parliamentum, sub certa forma in quadam alia cedula indentata inde confecta et prefato domino regi per predictos communes tunc ibidem exhibita contenta, solvendum. Cujus quidem cedule tenor sequitur et est talis: 15. Item, the same day the aforesaid commons further declared there through their aforesaid speaker to our said lord king how they themselves, for the honour of God and for the defence of the said realm of England and especially for the sake-keeping of the sea, had granted to the same lord king a certain subsidy of tonnage and poundage to be paid by denizen merchants from the feast of St Nicholas last [6 December 1429] until the next parliament, under certain terms specified in another certain schedule made thereupon and then presented there to the aforesaid lord king by the aforesaid commons. The tenor of which certain schedule follows and is thus:
To the worship of God, and for the grete love and entier affection, the whiche we your povere commens of this your noble roialme have to yow our most soverein lord the kyng, be assent of your lordes espirituell and temporell, in this your present parlement beyng, holden atte Westm', the morne nexte after the fest of Seint Mathewe the appostell, the yeer of your regne the .viij. e ; be auctoritee of the same parlement, graunte to yow our seid sovereigne lord þe kyng, for the defense of this your seid roialme, and in especiall for the safe kepyng of the see, a subsidie to be paied; that is to say, of every tunne of wyne comyng in to the seide roialme be wey of merchaundise, fro the fest of Seint Nicholas next suying, .iij. s., duryng to the next parlement. And of every other manere of merchaundise passyng out of the same roialme, or comyng in to the same roialme, be merchantz deniszeins, be wey of merchandise, duryng the same tyme, of the value of .xx. s. .xij. d.; except wolle, hides, and wollefell, whete, and flour of whete. And if any merchaundise, of eny merchaund deniszein, out of this roialme passyng, wherof the seide subsidie is paied or agreed, be perisshed or lost be infortune of the see, or take be enemys; and that duely founden, and proved before the tresorer of Englond, or the chief baron of the Cheker for tyme beyng, that thenne the seid merchauntz [p. iv-338][col. a] deniszeins whenne hem liketh, may shippe as moch merchandises, in the same porte in the which the same merchaundises were shipped, as was so perisshed, lost or taken, withoute eny subsidie thereof to be paied. (fn. iv-335-55-1) For the honour of God, and the great love and complete affection which we your poor commons of this your noble realm have towards you our most sovereign lord the king, by the assent of your lords spiritual and temporal assembled in this your present parliament held at Westminster the day after the feast of St Matthew the apostle in the eighth year of your reign, by the authority of the same parliament, grant to you our said sovereign lord the king for the defence of this your said realm and particularly for the safe-keeping of the sea a subsidy to be paid; namely, on every tun of wine imported to the said realm as merchandise from the feast of St Nicholas next, 3 s., until the next parliament. And on every other kind of merchandise of the value of 20 s. exported from the same realm or imported to the same realm as merchandise by denizen merchants during the same period, 12 d.; except for wool, hides and woolfells, wheat and wheat flour. And if any merchandise belonging to any denizen merchant which is exported from this realm, on which the said subsidy is paid or agreed, be perished or lost by misfortune at sea, or seized by enemies, and this is duly established and proved before the treasurer of England or the chief baron of the exchequer at the time, that then the said denizen merchants [p. iv-338][col. a] may ship, when they wish, as much merchandise from the same port from which the same merchandise thus perished, lost or seized was shipped without paying any subsidy thereupon. (fn. iv-335-55-1)
Prorogacio parliamenti. Prorogation of parliament.
16. Subsequenterque eodem vicesimo die Decembris, regratiatione facta per venerabilem patrem Johannem Eborum archiepiscopum, cancellarium Anglie, ex parte domini regis, prefatis communibus, de fidelitate temeritate et immensa gratitudine eidem domino regi, per dictos communes in concessionibus suis predictis exhibita et ostensa; idem dominus cancellarius, de mandato dicti domini regis, ac de avisamento et assensu dominorum spiritualium et temporalium tunc ibidem existentium, ulterius declaravit, qualiter negotia parliamenti predicti, pro statu et defensione regni Anglie, et presertim pro sana et solida gubernacione in singulis ejusdem regni partibus habenda et observanda, in eodem parliamento communicata et ministrata, ac per prefatos communes ante dissolucionem ejusdem parliamenti providenda, ordinanda et notificanda, specialiter adoptata, ante festum Natalis Domini tunc quasi in proximo existens, propter ipsorum negociorum arduitatem, discuti non poterant, nec finaliter terminari; prefatus dominus noster rex, de avisamento dominorum predictorum, dictum presens parliamentum suum usque diem lune proximo post festum Sancti Hillarii tunc proximo futuro duxit prorogandum, et illud realiter prorogavit; omnibus et singulis quorum interest in hac parte firmiter injungendo, < quod > ad dictum diem lune, apud Westm', excusacione quacumque cessante, personaliter convenirent, ad communicandum, tractandum et consenciendum, super hiis que pro pleniori et saniori discussione, provisione et determinacione negociorum predictorum, favente domino, contigerint ordinari. 16. And subsequently on the same 20 December thanks were given by the venerable father John, archbishop of York, chancellor of England, to the aforesaid commons on behalf of the lord king for the faithfulness, tenderness and immense goodwill exhibited and shown by the said commons by their aforesaid grant to the same lord king. The same lord chancellor, at the command of the said lord king, and with the advice and assent of the lords spiritual and temporal then present there, further declared how they could not discuss or finally conclude before Christmas next following [25 December 1429]the business of the aforesaid parliament concerning the state and defence of the realm of England and especially the maintenance and observation of wise and sound governance in every part of the same realm, which was specially requested by the aforesaid commons to be provided, ordained and made known before the dissolution of the same parliament, on account of the difficult nature of the aforesaid business; our aforesaid lord king, with the advice of the aforesaid lords, has caused his said present parliament to be prorogued until Monday after the next feast of St Hilary following [16 January 1430], and indeed prorogued it; firmly enjoining in this regard each and everyone whom it concerned that they should assemble in person on the said Monday at Westminster, without any excuse, to advise, consider and determine on what may be ordained for the full and sound discussion, provision and determination of the aforesaid business, God willing.
Requisicio facta cardinali ad intendendum consiliis regis. The request made to the cardinal about attending the king's council.
17. Memorandum quod licet transactis temporibus in regno Anglie visum non fuerit ut speratur, quod aliqui Anglice nacionis ad statum et dignitatem cardinalis per sedem apostolicam sublimati, post susceptam hujusmodi dignitatem, ad interessendum consiliis regis, veluti regis et regni consiliarii, hactenus admissi extiterunt: considerata < tamen > consanguinitatis propinquitate, qua reverendissimus in Cristo pater Henricus, etc., Sancti Eusebii presbiter cardinalis de Anglia vulgariter nuncupatus, metuendissimi domini nostri regis avunculus carissimus, ipsum dominum nostrum regem attingit; industria, eciam et discretione, ac fidelitate et circumspectione, quibus ipsum cardinalem altissimus insignivit non immerito ponderatis; consideratis similiter et diligenter attentis, nonnullis laboriosis et fructuosis obsequiis prefato domino nostro regi, per dictum cardinalem, a diu et < presertim > in ultimo transitu suo ad partes Francie multipliciter impensis, et ut idem cardinalis ad hujusmodi fructuosa obsequia dicto domino nostro regi de cetero impendendum ferventius animetur; de avisamento et assensu dominorum spiritualium et temporalium, in presenti parliamento existentium, concordatum fuit et unanimiter avisatum; quod prefatus cardinalis [...] ad interessendum consiliis regis ut unus consiliariorum suorum, nedum admitti, set eciam ad intendendum eisdem consiliis, ex parte ejusdem domini regis requiri deberet specialiter et hortari: sub protestatione tamen subsequente, videlicet, quod quotiens aliqua materie, cause, vel negocia, [...] ipsum dominum regem, aut regna seu dominia sua < ex parte una > , ac sedem apostolicam ex parte altera concernentia, in hujusmodi consiliis regis communicanda et tractanda fuerint, idem cardinalis se ab hujusmodi consilio absentet, ac communicationi eorumdem [col. b] causarum, materiarum et negociorum non intersit quovis modo: quodque protestacio, in receptione ipsius cardinalis in primo suo adventu in Anglia, post adeptionem dignitatis sue predicte, per domini regis consiliarios facta, et inter acta consilii regis ut dicitur inactitata, illesa permaneat et in omnibus inviolabiliter observetur. Super quo, ..xviij. o die Decembris anno presenti, prefatus dominus cardinalis, in presenti parliamento, de avisamento et assensu predictis, ad intendendum consiliis regis, ut ceteri regis consiliarii, ex parte ejusdem domini regis in forma predicta specialiter extitit requisitus. Qui quidem cardinalis, audita requisitione predicta, gratiisque per ipsum intime, tam dicto domino regi, quam ceteris dominis predictis, in hac parte redditis; protestacionibus etiam predictis, tanquam rationi consonis, per ipsum similiter admissis, ad intendendum hujusmodi consiliis regis, modo et forma predictis, tunc ibidem super se realiter et gratanter assumpsit et promisit. 17. Be it remembered that although in past times in the realm of England it was not expected that anyone of the English nation elevated to the position and dignity of cardinal by the apostolic see, after receiving this dignity, would be thence allowed to attend the king's council as a counsellor of the king and realm: however, having considered the close consanguinity which the most reverend father in Christ Henry, etc., commonly known as cardinal priest of St Eusebius of England, the most beloved uncle of our most dread lord king, has to our same lord king; having also reflected upon the diligence and discretion, faithfulness and circumspection with which the same most noble cardinal is deservedly distinguished; having similarly considered and diligently thought about the many labours and advantageous services expended in many ways by the said cardinal for our aforesaid lord king for a long time and especially on his last crossing to the regions of France, and so that the same cardinal will be encouraged to expend such beneficial services for our said lord king more fervently in future, with the advice and assent of the lords spiritual and temporal assembled in the present parliament it was agreed and unanimously counselled that the aforesaid cardinal should not only be allowed to be a member of the king's council as one of his counsellors, but also to attend the same council when specifically requested and encouraged on behalf of the same lord king, under the following protestation, namely, that whenever any matter, cause or business concerning the same lord king or his realms or lordship on the one part and the apostolic see on the other part is communicated to and considered by the king's council, the same cardinal will absent himself from this council and he will not attend the communication of the same [col. b] causes, matters and business in any way: and that after this protestation has been made by the counsellors of the lord king at the reception of the same cardinal on his first return to England after obtaining his aforesaid dignity, enacted among the acts of the king's council, as stated, it should remain inviolate and be observed without infringement in all respects. Whereupon, on 18 December in the present year the aforesaid lord cardinal, in the present parliament, with the aforesaid advice and assent, specifically asked to attend the king's council on behalf of the same lord king, just as the other king's counsellors did, in the aforesaid form. Which cardinal, thanks having been given to him by the said king and by others of the aforesaid lords, and after the aforesaid protestations, by way of consent, had been admitted by him, then readily took it upon himself and willingly promised to attend these councils of the king in the manner and form abovesaid.
[memb. 13]
Pro domino de Talbot. On behalf of Lord Talbot.
18. Item, considered the grete and notable service by þe Lord Talbot doon as well to oure soverein lord þe kyng þat nowe is, as to his fader þe kyng þat laste was, whom God assoill, in his reaume of Fraunce and elles where; in þe whiche service he was taken prisoner by þe kynges adversaries of Fraunce, and sette to un resonable and importable raunceoun as for hym. Considered also howe þe seide Lord Talbot servid þe kynges fader too yere in his seide reaume of Fraunce atte his oune costes, withoute takyng of any wages. And also to encorage hym, and other by his example, to do þe kyng þe better service, my lord of Gloucestre, and alle oþer lordes spirituell and temporell, beyng in þis present parlement, been condescended to write to þe kynges bele uncle þe duc of Bedford, regent of Fraunce, in þe forme þat folewith. First, þat it be wist by þe seide regent, and by þe kynges counseil in Fraunce, whether þe kynges prisoner seignur William Barbazan knyght, be not empeschable, nor founde gilty of þe deth of þe duc of Burgoyne þat was; and whether his deliverance be not prejudiciable to þe greet pees, or sholde gretly displese þe duc of Burgoyne þat nowe is, or muche disavaille or hynder þe kynges conquest in Fraunce: and if no, þan if þe pleine deliveraunce of þe seide Barbazan, myght pleinly quite out of prison þe seide lord Talbot, and seignur Wauter Hungreford þe yonger, or elles atte þe hardest þe seide Lord Talbot, or nay. And if nay, þat þanne it be clerely wist, þe uttermost þat may in any wise be goten, as for þe finaunce of þe seide Barbazan; of þe whiche finaunce, þe kyng by þavis of his counseill as before, hath determined to yeve to þe seide Lord Talbot, in promotion and helpyng to his deliveraunce right notably. Reservyng to þe kyng himself, his more ample grace, which þat causing his notable services doon, and to be doon here after unto þe kyng, he shall shewe unto hym here after, whenne þat þe kyng shall, a God will, come to sadder yeres of discretion; desiryng and prayng þe seide regent, þat after suche diligence doon by hym in þis matere as is necessarie, þat in alle goodly hast, for þe ese and help of þe seide Lord Talbot, he certifie to þe kyng his felyng and advys, þat þe kyng may þanne forþer < do > þerinne, as shal be thought resonable and behovefull to þe kyng. 18. Item, having considered the great and notable service given by Lord Talbot both to our present sovereign lord the king and to his father the previous king, whom God absolve, in his realm of France and elsewhere; during which service he was taken prisoner by the king's adversaries of France who imposed an unreasonable and unbearable ransom on him. Having considered also how the said Lord Talbot served the king's father for two years in his said realm of France at his own expense without receiving any wages. And also in order to encourage him and others by his example to perform better service to the king, my lord of Gloucester and all the other lords spiritual and temporal who are in this present parliament have agreed to write to the king's beloved uncle the duke of Bedford, the regent of France, in the form which follows. First, that it be ascertained by the said regent and by the king's council in France whether or not the king's prisoner Sir William Barbazan, knight, is indictable or found guilty of the death of the late duke of Burgundy; and whether or not his release will be prejudicial to the great peace, or will greatly displease the present duke of Burgundy, or will greatly impede or hinder the king's conquest of France: and if not, then whether or not the handing over of the said Barbazan might fully secure the release from prison of the said Lord Talbot and Sir Walter Hungerford junior, or else at least the said Lord Talbot. And if not, then the most that might be received in any way for the ransom of the said Barbazan should be clearly ascertained; which ransom, the king by the advice of his council, as above, has decided to give to the said Lord Talbot to facilitate and greatly assist his release. Reserving to the king himself that he might show more ample favour to Talbot, considering the noble services he has performed and will perform in the future to the king, when the king comes, at God's will, to fuller years; desiring and praying the said regent that after such diligence as is necessary is done by him in this regard, for the ease and assistance of the said Lord Talbot, he will with all speed notify his thoughts and advice to the king so that the king may then act further thereupon, as shall be considered right and necessary by the king.
De custodia ducis Aureliol' commissa Johanni Cornewaill chivaler. Concerning the custody of the duke of Orleans committed to John Cornwall, knight.
19. Memorandum quod quibusdam certis et notalibus de causis consilium domini nostri regis intime moventibus, de avisamento et assensu dominorum spiritualium et temporalium, in presenti parliamento existentium ordinatum fuit et concordatum, quod carissimus [p. iv-339][col. a] consanguineus regis dux Auriolens', sub custodia dilecti fidelis regis Thome Comberworth militis de mandato domini regis existentis, deliberetur dilecto et fideli militi regis Johanni Cornewaill, sub certa forma, inter ipsum dominum regem et dictum consilium suum, et prefatum Johannem concordata, salvo et secure custodiendum. Et quod separalia brevia dicti domini regis, fiant sub magno sigillo suo, ex causa predicta, prefatis Johanni et Thome, sub formis subsequentibus: 19. Be it remembered that by certain and notable causes moving our lord the king's council, with the advice and assent of the lords spiritual and temporal assembled in the present parliament, it was ordained and agreed that the king's most beloved [p. iv-339][col. a] kinsman the duke of Orleans, who is in the custody of the king's dear, faithful knight Thomas Comberworth, at the command of the lord king, be handed over to the king's dear and faithful knight John Cornwall to be held safely and securely under certain terms agreed between the lord king himself and his said council and the aforesaid John. And that, because of the aforesaid, separate writs of the said lord king should be issued under his great seal to the aforesaid John and Thomas, under the following forms:
Henricus, Dei gracia rex Anglie et Francie et dominus Hibernie, dilecto et fideli suo Thome Comberworth, salutem. Quia nos, considerantes grandes diligentias et labores, quos circa custodiam persone carissimi consanguinei nostri ducis Auriolens', sub custodia vestra de mandato nostro existentis, adiu sustinuistis, ac proinde aliisque causis notabilibus, nos et consilium nostrum intime moventibus, pro custodia predicti ducis alias providere cupientes, de avisamento et assensu dominorum spiritualium et temporalium, in presenti parliamento nostro existentium, ordinavimus quod idem dux deliberetur dilecto et fideli militi nostro Johanni Cornewaill, sub certa forma, inter nos et dictum consilium nostrum, et prefatum Johannem < concordata > , custodiendum. Vobis, de avisamento et assensu predictis, injungimus et mandamus, quod eidem Johanni, vel suo in hac parte deputato, prefatum ducem per indenturas inter vos, et eundem Johannem, vel deputatum suum predictum in hac parte debite conficiendas, ac diem et locum deliberacionis hujusmodi testificantes, deliberari facias indilate: per quas et presens mandatum nostrum, vos inde erga nos, de avisamento et assensu predictis, volumus exonerari. Teste rege apud Westm' .xx. die Novembris. Henry, by the grace of God king of England and France and lord of Ireland, to his dear and faithful Thomas Comberworth, greeting. Considering the great diligence and labour which you have sustained for a long time as regards the custody of the person of our most beloved kinsman the duke of Orleans, who is in your custody at our command, and equally and for other notable causes moving us and our council, desiring to provide otherwise for the custody of the aforesaid duke, with the advice and assent of the lords spiritual and temporal assembled in our present parliament we have ordained that the same duke be handed over to our dear and faithful knight John Cornwall to be held under certain terms agreed between us and our said council and the aforesaid John. With the aforesaid advice and assent, we enjoin and command you that you should cause the aforesaid duke to be handed over without delay to the same John or his deputy in this regard by indentures to be duly drawn up between you and the same John, or his aforesaid deputy in this regard, and testifying to the day and place of this handing over: by which and our present mandate, with the aforesaid advice and assent, we wish you to be exonerated thereupon towards us. Witnessed by the king at Westminster, 20 November [1429].
Rex dilecto et fideli suo Johanni Cornewaill, salutem. Quia de avisamento et assensu dominorum spiritualium et temporalium in presenti parliamento nostro existentium ordinavimus quod carissimus consanguineus noster dux Auriolens', sub custodia dilecti et fidelis nostri Thome Comberworth existens, vobis deliberetur, sub certa forma, inter nos et consilium nostrum, et vos concordata, custodiendum. Vobis, de avisamento et assensu predictis, mandamus, quod prefatum ducem, de predicto Thoma, per indenturas inde inter vos, et eundem Thomam debite conficiendas, in forma predicta recipiatis; et eum salvo et secure custodiri facias. Teste, etc. ut supra. The king to his dear and faithful John Cornwall, greeting. Because with the advice and assent of the lords spiritual and temporal assembled in our present parliament we have ordained that our most beloved kinsman the duke of Orleans, who is in the custody of our dear and faithful Thomas Comberworth, be handed over to you to be held under certain terms agreed between us and our council and you, with the aforesaid advice and assent, we command you that you receive the aforesaid duke from the aforesaid Thomas by indentures to be duly drawn up thereupon between you and the same Thomas in the aforesaid form and you will cause him to be held safely and securely. Witnessed, etc. as above.
De custodia ducis Burbon' commissa Thome Comberworth chivaler. Concerning the custody of the duke of Bourbon committed to Thomas Comberworth, knight.
20. Memorandum quod de avisamento et assensu dominorum spiritualium et temporalium, in presenti parliamento existentium, ordinatum fuit et concordatum quod carissimus consanguineus regis dux Burbon', in custodia carissimi avunculi regis Johannis ducis Bedeford existens, deliberetur dilecto et fideli regis Thome Cumberworth, sub certa forma, inter dictum dominum regem et consilium suum, et prefatum Thomam concordata, custodiendum. Et quod separalia brevia dicti domini regis, sub magno sigillo suo fiant, prefatis duci Bedeford' et Thome, sub formis subsequentibus: 20. Be it remembered that with the advice and assent of the lords spiritual and temporal assembled in the present parliament it was ordained and agreed that the king's most beloved kinsman the duke of Bourbon, who is in the custody of the king's most beloved uncle John, duke of Bedford, should be handed over to the king's dear and faithful Thomas Comberworth to be held under certain terms agreed between the said lord king and his council. And that separate writs of the said lord king should be issued under his great seal to the aforesaid duke of Bedford and Thomas, under the following forms:
Henricus Dei gracia rex Anglie et Francie et dominus Hibernie carissimo avunculo suo Johanni duci Bedeford', salutem. Quia de avisamento et assensu dominorum spiritualium et temporalium, in presenti parliamento existentium, ordinatum est et concordatum, quod carissimus consanguineus noster dux Burbon', in custodia vestra existens, deliberetur dilecto et fideli nostro Thome Cumberworth, sub certa forma, inter nos et dictum consilium nostrum, et prefatum Thomam concordata, custodiendum. Vobis, de avisamento et assensu predictis, mandamus, quod eidem Thome, prefatum ducem, per indenturas inde inter vos, vel vestrum in hac parte deputatum, et eundem Thomam conficiendas, [col. b] deliberationem hujusmodi testificantes, per deputatum vestrum hujusmodi, deliberari facias: per quas et presens mandatum nostrum, vos inde erga nos volumus exonerari. Teste rege apud Westm' primo die Decembris. Henry, by the grace of God king of England and France and lord of Ireland, to his most beloved uncle John, duke of Bedford, greeting. Because with the advice and assent of the lords spiritual and temporal assembled in the present parliament it is ordained and agreed that our most beloved kinsman the duke of Bourbon, who is in your custody, should be handed over to our dear and faithful Thomas Comberworth to be held under certain terms agreed between us and our said council and the aforesaid Thomas, with the aforesaid advice and assent, we command you that you should cause the aforesaid duke to be handed over to the same Thomas by indentures to be drawn up between you or your deputy in this regard and the same Thomas, [col. b] testifying to this handing over by your deputy. By which and our present mandate we wish you to be exonerated thereupon towards us. Witnessed by the king at Westminster, 1 December [1429].
Rex dilecto et fideli suo Thome Cumberworth, salutem. Quia de avisamento et assensu dominorum spiritualium et temporalium in presenti parliamento existentium, ordinatum est et concordatum, quod carissimus consanguineus noster dux Burbon', in custodia carissimi avunculi nostri Johannis ducis Bedeford existens, vobis deliberetur, sub certa forma, inter nos et dictum consilium nostrum, et vos concordata, custodiendum. Vobis, de avisamento et assensu predictis, mandamus, quod prefatum ducem Burbon', a prefato duce Bedeford', per indenturas inde inter vos conficiendas, deliberacionem hujusmodi testificantes, recipiatis; et ipsum salvo et secure custodiri facias, in forma supradicta. Teste etc., ut supra. The king to his dear and faithful Thomas Comberworth, greeting. Because with the advice and assent of the lords spiritual and temporal assembled in the present parliament it is ordained and agreed that our most beloved kinsman the duke of Bourbon, who is in the custody of our most beloved uncle John, duke of Bedford, should be handed over to you to be held under certain terms agreed between us and our said council, with the aforesaid advice and assent, we command you that you receive the aforesaid duke of Bourbon from the aforesaid duke of Bedford by indentures to be drawn up thereupon between you, testifying to this handing over; and you will cause him to be held safely and securely, the the abovesaid form. Witnessed etc., as above.
Pro Marmaduco Lumley electo Carliol'. On behalf of Marmaduke Lumley, the bishop elect of Carlisle.
21. Memorandum quod ultimo die Novembris anno presenti, de avisamento dominorum spiritualium et temporalium, in presenti parliamento existentium, concordatum fuit, quod cum nuper vacante ecclesia cathedrali Beate Marie Karliol', per mortem Willelmi Barowe, nuper episcopi loci predicti, prior et capitulum ecclesie predicte, licencia regia super hoc primitus optenta, magistrum Marmaducum Lumley, in ipsius ecclesie episcopum et pastorem elegissent. Dominus noster rex electioni predicte suum assensum regium adhiberet, ac litteras suas domino summo pontifici dirigeret modo consueto. 21. Be it remembered that on the last day of November in the present year [30 November 1429], with the advice of the lords spiritual and temporal assembled in the present parliament, it was agreed that as the cathedral church of St Mary, Carlisle, recently made vacant by the death of William Barrow, formerly bishop of the aforesaid place, the prior and chapter of the aforesaid church, having first obtained the king's licence thereupon, might elect Master Marmaduke Lumley as bishop and pastor of the aforesaid church. Our lord king has given his royal assent to the aforesaid election and has sent his letters to the lord pope in the acccustomed manner.
Pro Johanne Clement et abbate de Strata Florida. On behalf of John Clement and the abbot of Strata Florida.
22. Item, eodem die, ordinatum fuit et concordatum, per dominos spirituales et temporales, in dicto parliamento existentes, quod quedam peticiones per Johannem Clement armigerum, ac tenentes et communes comitatus de Cardigan, et Morgan Clifford, in eodem parliamento, versus abbatem de Strata Florida exhibite, deliberentur venerabilibus patribus Philippo < Elien' > [...] et Johanni Bathon' et Wellen' episcopis, ac Radulpho Cromwell, et Johanni Lescrop: ad omnia et singula in petitionibus predictis contenta audiendum, et juxta eorum discreciones finaliter discutiendum et terminandum. 22. Item, the same day it was ordained and agreed by the lords spiritual and temporal assembled in the said parliament that certain petitions presented in the same parliament against the abbot of Strata Florida by John Clement, esquire, and the tenants and commons of the county of Cardigan and Morgan Clifford should be delivered to the venerable fathers bishops Philip of Ely and John of Bath and Wells, and Ralph Cromwell and John le Scrope to hear each and everything mentioned in the aforesaid petitions, and to decide and determine them finally according to their discretions.
Pro securitaribus faciendis creditoribus regis. Concerning the guarantees to be given to the king's creditors.
23. Item, nostre seignur le roi, par advis et assent des seignurs espirituelx et temporelx, et la commune de roialme, en cest present parlement assemblez, ad graunte et ordine, qe les seignurs de soun counseill, et de ses heirs et successours pur le temps esteantz, eient plein poair par auctorite du dit parlement, defaire a toutz iceux, qe ount fait ou ferront ascuns creaunces au roi, pur defense de son roialme, de la somme de .lm. livres ou dedeins, parentre cy et le proschein parlement; et auxi a toutz ceux, et chescun de eux, qe par lour obligaciouns sount obligez pur ascuns creaunces faitz au roi par devaunt; tauntz et si bones seurtees depar le roi, des custumes, subsidies, et toutz autres profitz et commodites, et revenuz, queux soient du roi, ses heirs ou successours du roialme d'Engleterre, come de lour joialx, < biens moebles > et des biens, joialx et chateux de la corone, pur repaiement ou agreement de lour prestes, creaunces et obligaciones, come semblera a les creditours et obligez suisditz, lours executours et assignes, agreables, bones et sufficeantz, par advis sibien del counseill des ditz creditours et obligez, come de sergeauntz et attournez du roi, et autres de lour counseill, come semblera available pur eux; les queux les ditz creditours et obligez a ceo voillent nomer, ou lours executours ou assignez; [p. iv-340][col. a] les queux sergeantz et attournes du roi, il voet et commaunde d'estre du counseill des ditz creditours et obligez, en ceo cas a tout temps covenable, pur les repaiementz des creaunces, prestes et obligacions suisditz, sibien des grauntes faitz et affairs en mesme cest parlement: salvant, qe toutz maners de grauntes et assignementz, devaunt ses hoeures a qeconqe persone faitz, grauntez ou assignez, soient vaillables et effectuelx, et estoisent en lour force, ceste ordinaunce nient obstant. Et qe les creditours et obligez suisditz, lours executours et assignes, eient et enjoient les paiementz, et summes des deniers, des ditz grauntes, custumes, subsidies, profitz, commodites, revenuz, joialx, biens et chateux, as ditz creditours et obligez, et a chescun de eux, ou lours executours ou assignez, par les suisditz seignurs du counseill, en la dite fourme a grauntiers, paiers, levers, assigniers et deliverers; solonc la fourme de mesmes les grauntes, paiementz, liveres, assignementz et deliveraunces; saunz ent estre empeschez, molestez ou grevez par le roi, ses heirs, successours ou executours, ou autre persone qeconqe: salvant, qe toutz maners des grauntes et assignementz, devaunt ses hoeures a qeconqe persone faitz, grauntez ou assignez, soient vaillables et effectuelx, et estoisent en lour force, ceste ordinaunce nient obstant. Et qe le chaunceller d'Engleterre pur le temps esteant, ferra as ditz creditours et obligez, et a chescun de eux, lours executours, assignez ou deputez, tauntz et tielx des lettres patentz, et des briefs desoubz le graunde seal du roi, et de ses heirs et successours, saunz fee ou fin pur icell a paier, et en tiel fourme, des biens le roi, custumes, subsidies, et toutz autres profitz, commodites et revenuz, et autres biens le roi, come desuis est dit: salvant, qe toutz maners des grauntes et assignementz, devaunt ses hoeures a qeconqe persone faitz, grauntez ou assignez, soient vaillables et effectuelx, et estoisent en lour force, cest ordinaunce nient obstant; pur la seurtee de la repaiement et agreement des ditz creditours et obligez, lours executours, assignez et deputez, come semblera a mesmes les creditours et obligez, lours executours, assignez et deputees, necessaries et sufficeantz, par advis del counseill suisdit, et ceo par auctorite de cest present parlement. Et qe toutz persones de counseill de roi, le tresorer d'Engleterre q'orest, et qi pur le temps serra, custumers, et chescun autre officer du roi, et autre persone du roialme qeconqe, qe par l'avis de counseill du roi, delivera les joialx, biens et chateux, ou paiera ascuns summes des deniers avauntditz, as ditz creditours ou obligez, lours executours ou assignez, pur la seurtee, satisfaction, ou paiement des ditz obligaciouns, ou dez summes par eux ensi creauncez ou a creauncers, en la fourme avauntdit, par auctorite de cest parlement soient ent quitez et dischargez envers nostre seignur le roi, ses heirs et successours, et lours executours pur toutz jours, saunz ceo q'ils ou ascun d'eux, soit ou soient en celle partie ascunement molestez, grevez ou empeschez de par le roi, ses heirs ou successours, ou lours executours, ou autres qeconqes, come devaunt est dit. Purveu toutz foitz, qe null des lieges nostre seignur le roi, par force de ceste ordenaunce, ne soit arte ne compelle countre son gree, de faire prest, chevesaunce, obligacion, ne autre seurtee qeconqe au roi, ou a ascun autre persone, pur la chevesaunce del somme avauntdite, ne de ascun parcell de ceux. 23. Item, our lord the king, by the advice and assent of the lords spiritual and temporal and the commons of the realm assembled in this present parliament, has granted and ordained that the lords of his council and of his heirs and successors at the time should have full power by the authority of the said parliament to issue to all those who will give credit to the king for the defence of his realm of the sum of £50,000 or less between now and the next parliament, and also to all those, and to each of them, who by their obligations are bound for any loans given to the king in the past, as many and such good guarantees on behalf of the king from the customs, subsidies and all other profits and commodities and revenues which pertain to the king, his heirs or successors, of the realm of England, and from their jewels, moveable goods, and from the goods, jewels and chattels of the crown, for the repayment or settlement of their prests, loans or obligations, as will seem adequate, good and sufficient to the aforesaid creditors and obligors, their executors and assigns, by the advice both of the counsel of the said creditors and obligors and of the serjeants and attorneys of the king and others of their counsel, as will seem advantageous for them, whomsoever the said creditors and obligors, or their executors or assigns, may wish to name for this purpose; [p. iv-340][col. a] which serjeants and attorneys of the king he wills and commands to advise the said creditors and obligors in this matter at all suitable times for the repayments of the aforesaid prests, loans and bonds whether from the grants made and to be made in this same parliament: saving that all kinds of grants and assignments made, granted or assigned in the past to any person whatsoever shall be valid and effective, and will remain in force, notwithstanding this ordinance. And that the aforesaid creditors and obligors, their executors and assigns, shall have and enjoy the payments and sums of money from the said grants, customs, subsidies, profits, commodities, revenues, jewels, goods and chattels, to be granted, paid, levied, assigned and delivered to the said creditors and obligors, and to each of them or their executors or assigns, by the aforesaid lords of the council in the said terms, without being prevented, molested or harmed by the king, his heirs, successors or executors, or any other person whatsoever: saving that all kinds of grants and assignments made, granted or assigned in the past to any person whatsoever shall be valid and effective, and will remain in force, notwithstanding this ordinance. And that the chancellor of England at the time will issue to the said creditors and obligors, and to each of them, their executors, assigns or deputies, as many and such letters patent, and writs under the king's great seal and that of his heirs and successors, without paying a fee or fine for this, and in such terms, from the goods of the king, customs, subsidies, and all other profits, commodities and revenues, and other goods of the king, as is said above: saving that all kinds of grants and assignments made, granted or assigned in the past to any person whatsoever shall be valid and effective, and will remain in force, notwithstanding this ordinance; for the guarantee of the repayment or settlement of the said creditors and obligors, their executors, assigns and deputies, as will seem necessary and sufficient to the same creditors and obligors, their executors, assigns and deputies by the advice of the aforesaid council, and this by the authority of this present parliament. And that all persons on the king's council, the present treasurer of England, and any treasurer to come, customs officers and every other officer of the king, or any other person of the realm whatsoever, who, by the advice of the king's council, hands over the jewels, goods and chattels, or pays any sums of money to the said creditors or obligors, their executors or assigns, for the guarantee, satisfaction or payment of the said bonds, of of the sums loaned or to be loaned by them, in the aforesaid terms, by the authority of this parliament, will be quit and discharged against our lord the king, his heirs and successors and their executors, for evermore; on such terms that they, or any of them, will not be molested, harmed or prevented in this regard on behalf of the king, his heirs or successors, or their executors, or anyone else whatsoever, as is said above. Provided always that none of our lord the king's lieges, by force of this ordinance, will be bound or compelled against his will to make any loan, credit, obligation, or other guarantee to the king or to any other person for the credit of the aforesaid sum, or any part of it.
[memb. 12]
Pro soldariis ville Cales'. On behalf of the soldiers of the town of Calais.
24. Memorandum quod cum dominus rex nuper, de avisamento consilii sui, ordinaverit quod de subsidio lanarum, corriorum et pellium lanutarum, in quolibet portu infra regnum suum, pro custodia ville Cales' et march' ejusdem ville adjacentium, tresdecim [col. b] solidi et quatuor denarii de quolibet sacco lane; et tresdecim solidi, et quatuor denarii, de quibuslibet ducentis et quadraginta pellibus lanutis; per ligeos suos indigenas, vel alios alienigas eskippatis seu eskippandis usque ad certum tempus assignentur. Ac postmodum, videlicet ..xxv. die Julii anno regni sui quarto, de avisamento ejusdem consilii, inter alia concesserit thesaurario et vitellario ville sue Cales', qui tunc fuit vel qui pro tempore foret, quod ipse, per se vel deputatos suos, dictos tresdecim solidos, et quatuor denarios, ut predictum est, de quolibet sacco lane, et de quibuslibet ducentis et quadraginta pellibus lanutis, per ligeos suos indigenas vel alienigas a crastino Sancti Martini yeme tunc proximo futuro, usque ad festum Sancti Martini in quinque annos extunc proximo sequens, in quocumque portu regni predicti eskippatis, per manus collectorum subsidii predicti, in quocumque portu ejusdem regni: et omnes ac omnimodos redditus et proventus eidem domino regi, infra dictas villam et marchas qualitercumque spectantes, ac commodum et proficuum de tunagio regis ibidem faciendo qualitercumque proveniens, recipere et habere; ac summas, redditus et proventus predictos, circa provisionem victualium et aliarum rerum officiis predictis incumbentium, ac ad contentandum et solvendum soldariis regis, super salva custodia ejusdem ville et marcharum ibidem, tam de veteri quam de novo debito, eis a retro existentes, expendere et applicare valeret; prout in litteris regis patentibus inde confectis plenius continetur. Ac postmodum, de assensu carissimi avunculi regis Johannis ducis Bed', capitanei ville regis predicte, ac aliorum capitaneorum marcharum predictarum, < summam > decem milium marcarum, de denariis prefato thesaurario et vitellario sic ut prefertur assignatis, per thesaurarium regis Anglie recipi, et pro vadiis certorum hominum ad arma et sagittariorum, qui in obsequium regis in comitiva prefati avunculi sui, in regnum regis Francie transierunt, solvi fecerit. Idem dominus rex, premissa debite ponderans, aceciam considerans, qualiter hujusmodi concessio sua, ad provisionem victualium et aliorum onerum ibidem necessario incumbentium, ac ad satisfactionem et congruam contentationem soldariorum predictorum, propter lanarum parcitatem, que occasione morine ovium jam nuper in regno regis Anglie habite contingebat, non sufficit de presenti; volensque proinde eisdem soldariis suis, de predicta summa decem milium marcarum debite satisfieri: de avisamento et assensu dominorum spiritualium et temporalium in presenti parliamento suo existentium, concessit thesaurario et vitellario dicte ville Cales', qui nunc est vel qui pro tempore fuerit; quod ipse, per se vel deputatos suos, sex solidos et octo denarios, de quolibet sacco lane, et de quibuslibet .ccxl. pellibus lanutis, per ligeos regis indigenas vel alienigas, in quocumque portu regni predicti eskippatis vel eskippandis, per manus collectorum ejusdem subsidii in quocumque portu ejusdem regni, ultra predictos .xiij. s. et .iiij. d. de dicto subsidio; ac omnimodos redditus et proventus regi, infra dictas villam et marchas qualitercumque spectantes, ac commodum et proficuum de tunagio predicto qualitercumque proveniens, prefato thesaurario et vitellario ut premittitur percipiendum concessa, quousque dicta summa decem milium marcarum plenarie fuerit persoluta, habeat et percipiat. Ac tres solidos et quatuor denarios, de predictis sex solidis et octo denariis, prefatis soldariis, pro satisfactione vadiorum eis ab antiquo debitorum, et tres solidos, et quatuor denarios residuos, circa reparationem pontis de Newenham ibidem, ac alias reparationes in villa et marchis predictis necessarias solvat, distribuat et expendat. Et ulterius, de avisamento et assensu predictis, concessit eidem thesaurario et vitellario quod ipse, per se vel deputatos suos, predictos .m. libras, de primis [p. iv-341][col. a] denariis de subsidio trium solidorum de dolio, et duodecim denariorum de libra, in portubus London' et Sandewici, provenientibus, per manus collectorum ejusdem subsidii pro tempore existentium, similiter habeat et percipiat, et eas circa solutionem et contentationem vadiorum soldariorum regis, super salva custodia ville regis predicte continue commorantium, expendere faciat et applicare. Et quod littere regis patentes inde fierent in modo subsequenti: 24. Be it remembered that whereas the lord king has recently ordained, with the advice of his council, from the subsidy of wool, hides and woolfells in any port within his realm, for the protection of the town of Calais and the neighbouring marches of the same town, 13 [col. b] s. 4d. on every sack of wool; and 13 s. 4 d. on every 240 woolfells shipped or to be shipped by his denizen or other alien lieges until they are assigned a certain time. And afterwards, namely on 25 July in the fourth year of his reign [1426], with the advice of the same council, he granted, among other things, to the treasurer and victualler of his town of Calais at the time and to any to come, that he, by himself or his deputies, receive and have the said 13 s. 4 d., as is aforesaid, on every sack of wool and on every 240 woolfells shipped from any port of the aforesaid realm by his denizen or alien lieges from the day after Martinmas next following [11 November 1426] until Martinmas then following in five years [11 November 1431], by the hands of the collectors of the aforesaid subsidy in every port of the same realm, and each and every kind of revenue and income pertaining to the same lord king within the said town and marches in any way soever, and the profit and proceeds issuing from the tonnage of the king to be levied there in any way soever; and that they be empowered to spend and apply the aforesaid sums, revenue and income on the provision of victuals and other things incumbent to the aforesaid offices, and satisfy and pay arrears to the king's soldiers serving on the safe keeping of the same town and marches there, both from old and new debts, as is more fully specified in the king's letters patent made thereupon. And afterwards, with the assent of the king's most beloved uncle John, duke of Bedford, the captain of the aforesaid king's town and the other captains of the aforesaid marches, he caused the sum of 10,000 marks to be paid from money thus assigned to the aforesaid treasurer and victualler, as is said before, by the treasurer of England, and received for the wages of certain men at arms and archers in the king's service who had crossed in the company of his aforesaid uncle to the realm of the king of France. The same lord king, duly reflecting upon the foregoing, and also considering how this his grant for the provision of victuals and other goods incumbent there, and for the satisfaction and suitable payment of the aforesaid soldiers, is insufficient at present on account of the shortage of wool because of the murrain of sheep now recently occurring in the realm of the king of England; and wishing for his same soldiers equally to be satisfied from the aforesaid sum of 10,000 marks: with the advice and assent of the lords spiritual and temporal assembled in his present parliament has granted to the present or future treasurer and victualler of the said town of Calais, that he, by himself or his deputies, shall have and receive 6 s. 8 d. on every sack of wool and on every 240 woolfells shipped or to be shipped by the king's denizen or alien lieges from any port of the aforesaid realm, by the hands of the collectors of the same subsidy in every port of the same realm, above the aforesaid 13 s. 4 d. from the said subsidy; and every kind of revenue and income pertaining to the king within the said town and marches in any way soever, and the profit and proceeds issuing from the aforesaid tonnage in any way soever, granted to be taken and received by the aforesaid treasurer and victualler until the said sum of 10,000 marks has been fully paid. And he will distribute and pay out 3 s. 4 d. from the aforesaid 6 s. 8 d., to the aforesaid soldiers for satisfaction of the wages owed to them from old, and the remaining 3 s. 4 d. he will release for the repair of the bridge of Newenham there, and other necessary repairs in the aforesaid town and marches. And further, with the aforesaid advice and assent, he has granted to the same treasurer and victualler that he, by himself or his deputies, will similarly have and receive the aforesaid £1000 from the first [p. iv-341][col. a] monies issuing from the subsidy of 3 s. on a tun and 12 d. in the pound in the ports of London and Sandwich by the hands of the collectors of the same subsidy at the time, and he will cause them to be paid and directed for the payment and satisfaction of the wages of the king's soldiers remaining continuously for the safe keeping of the king's aforesaid town. And that the king's letters patent be issued thereupon in the following form:
Rex omnibus ad quos etc., salutem. Sciatis quod cum nuper de avisamento consilii nostri ordinaverimus, quod de subsidio lanarum, coriorum et pellium lanutarum in quolibet portu infra regnum nostrum, pro custodia ville Cales' et marcharum eidem ville adjacentium, tresdecim solidi et quatuor denarii de quolibet sacco lane; et tresdecim solidi, et quatuor denarii, de quibuslibet ducentis et quadraginta pellibus lanutis; per ligeos nostros indigenas, vel alios alienigas, eskippatis seu eskippandis, < usque > ad certum tempus assignentur capiendi. Ac postmodum, videlicet < vicesimo > quinto die Julii, anno regni nostri quarto, de avisamento ejusdem consilii, inter alia concesserimus thesaurario et vitellario ville nostre Cales', qui tunc fuit vel qui pro tempore foret, quod ipse, per se vel deputatos suos, dictos tresdecim solidos et quatuor denarios, ut predictum est, de quolibet sacco lane, et de quibuslibet ducentis et quadraginta pellibus lanutis, per ligeos nostros indigenas, vel alienigas, a crastino Sancti Martini in yeme tunc proximo futuro, usque ad festum Sancti Martini in quinque annos extunc proximo sequentes, in quocumque portu regni predicti eskippatis seu eskippandis, per manus collectorum subsidii predicti, in quocumque portu ejusdem regni: et omnes ac omnimodos redditus et proventus nobis, infra dictas villam et marchas qualitercumque spectantes, ac commodum et proficuum de tunagio nostro ibidem faciendo qualitercumque proveniens, recipere et habere; ac summas, redditus et proventus predictos, circa provisionem victualium et aliarum rerum officiis predictis incumbentium, ac ad contentandos et solvendos soldariis, super salva custodia ejusdem ville et marcharum ibidem, tam de veteri quam de novo debito, eis a retro existentes, expendere et applicare valeret; prout in litteris nostris patentibus inde confectis plenius continetur. Ac postmodum, de assensu carissimi avunculi nostri Johannis ducis Bed', capitanei ville nostre predicte, ac aliorum capitaneorum marcharum predictarum, summam decem milium marcarum, de denariis prefato thesaurario et vitellario sic ut prefertur assignatis, per thesaurarium nostrum Anglie recipi, et pro vadiis certorum hominum ad arma et sagittariorum, qui in obsequium nostrum in comitiva prefati avunculi nostri in regnum nostrum Francie transierunt, solvi fecerimus. Nos, premissa debite ponderantes, et eciam considerantes, qualiter hujusmodi concessio nostra, ad provisionem victualium et aliorum onerum ibidem necessario incumbentium, ac ad satisfactionem et congruam contentationem soldariorum predictorum, propter lanarum parcitatem, que occasione morine ovium jam nuper in regno nostro Anglie habite contingebat, non sufficit de presenti; volentesque proinde eisdem soldariis nostris, de predicta summa decem milium marcarum debite satisfieri: de avisamento et assensu dominorum spiritualium et temporalium in presenti parliamento nostro existentium, consessimus thesaurario et vitellario dicte ville Cales', qui nunc est et qui pro tempore fuerit; quod ipse, per se vel deputatos suos, sex solidos, et octo denarios de quolibet sacco lane, et de quibuslibet ducentis et quadraginta pellibus lanutis, per ligeos nostros indigenas, vel alienigas, in quocumque portu regni predicti eskippatis vel eskippandis, per manus collectorum ejusdem subsidii, in quocumque portu ejusdem regni, ultra predictos tresdecim solidos, [col. b] et quatuor denarios, de dicto subsidio; ac omnimodos redditus et proventus nobis, infra dictas villam et marchas qualitercumque spectantes, ac commodum et proficuum de tunagio predicto qualitercumque proveniens, prefato thesaurario et vitellario ut premittitur percipiendum concessa, quousque dicta summa decem milium marcarum plenarie fuerit persoluta, habeat et percipiat; ac tres solidos, et quatuor denarios, de predictis sex solidis et octo denariis, prefatis soldariis, pro satisfactione vadiorum eis ab antiquo debitorum, et tres solidos et quatuor denarios inde residuos, circa reparationem pontis de Newenham ibidem, ac alias reparationes in villa et marchis predictis necessarias solvat, distribuat et expendat. Et ulterius, de avisamento et assensu predictis, concessimus eidem thesaurario et vitellario, quod ipse, per se vel deputatos suos predictos, .m. libras de primis denariis de subsidio trium solidorum de dolio, et duodecim denariorum de libra, in portubus London' et Sandewici provenientibus, per manus collectorum ejusdem subsidii pro tempore existentium, similiter habeat et percipiat, et eas circa solutionem et contentationem vadiorum soldariorum nostrorum, super salva custodia ville nostre predicte continue commorantium, expendere faciat et applicare. Et quod prefati collectores tam dicti subsidii lanarum, coriorum et pellium lanutarum, quam predicti subsidii trium solidorum de dolio, et duodecim denariorum de libra, per brevia nostra sub magno sigillo nostro, habeant in mandatis; videlicet, predicti collectores dicti subsidii lanarum, coriorum et pellium lanutarum, quod ipsi, de eodem subsidio predictos sex solidos et octo denarios, prefato thesaurario et vitellario vel deputatis suis predictis, de tempore in tempus, ultra predictos tresdecim solidos et quatuor denarios, eidem thesaurario et vitellario inde ut prefertur percipiendos concessos, quousque dicta summa decem milium marcarum plenarie fuerit persoluta, per indenturas inde inter eos debite conficiendas; ac predicti collectores dicti subsidii trium solidorum de dolio, et duodecim denariorum de libra, in dictis portubus London' et Sandewici, eidem thesaurario et vitellario vel predictis deputatis suis, predictam summam .m. librarum, de primis denariis de eodem subsidio provenientibus, per indenturas inde inter eos similiter conficiendas, solvant et deliberent, absque difficultate seu dilatione aliquali. Et quod thesaurarius et camerarius nostri pro tempore existentes, visis indenturis predictis, de tempore in tempus, haberi et liberari facent collectoribus quorum interest in hac parte, tallias sive talliam indenturis illis concordantes. Et quod thesaurarius et barones nostri de scaccario, prefatis collectoribus in compotis suis in hac parte ad dictum scaccarium nostrum tallias hujusmodi de tempore in tempus debite facent allocari: quodque prefatus thesaurarius et vitellarius habeat extra cancellariam, aut alias curias nostras, tot et talia brevia, quot et qualia pro premissis in forma predicta facienda necessaria fuerint et oportuna. In cujus etc. Teste etc. .xx. die Decembris anno octavo. The king to all to whom etc., greeting. Know that whereas we have recently ordered with the advice of our council from the subsidy of wool, hides and woolfells in every port within our realm, for the protection of the town of Calais and the neighbouring marches of the same town, 13 s. 4 d. from every sack of wool and 240 woolfells shipped or to be shipped by our denizen or other alien lieges for a certain time. And afterwards, namely on 25 July in the fourth year of our reign [1426], with the advice of the same council, we granted, among other things, to the treasurer and victualler of our town of Calais at the time or to any to come, that he, by himself or his deputies, would have the power to pay out and pay the said 13 s. 4 d., as is aforesaid, on every sack of wool and on every 240 woolfells shipped or to be shipped from any port of the aforesaid realm by our denizen or alien lieges from the day after Martinmas next following [11 November 1426] until Martinmas then following in five years [11 November 1431], by the hands of the collectors of the aforesaid subsidy in every port of the same realm: and each and every kind of revenue and income pertaining to us within the said town and marches in any way soever, and to receive and have the profit and proceeds issuing from our tonnage to be levied there in any way soever; and the aforesaid sums, revenue and income as regards the provision of victuals and other things incumbent to the aforesaid offices, and to be paid out and paid to the soldiers as regards the safe-keeping of the same town and marches there, being in arrears to them both from the past and recently; as is more fully specified in our letters patent made thereupon. And afterwards, with the assent of our most beloved uncle John, duke of Bedford, the governor of our aforesaid town, and the other governors of the aforesaid marches, we caused the sum of 10,000 marks to be paid from the money thus assigned to the aforesaid treasurer and victualler, as is said before, by our treasurer of England, and received for the wages of certain men at arms and archers in our service who had crossed in the company of our aforesaid uncle to our realm of France. We, reflecting upon the foregoing, and also considering how this our grant, necessary for the provision of victuals and other goods incumbent there, and for the satisfaction and suitable payment of the aforesaid soldiers, is insufficient at present on account of the shortage of wool because of the murrain of sheep now recently occurring in our realm of England,; and wishing for our same soldiers equally to be satisfied from the aforesaid sum of 10,000 marks: with the advice and assent of the lords spiritual and temporal assembled in our present parliament, have granted to the present or future treasurer and victualler of the said town of Calais that he, by himself or his deputies, shall have and receive 6 s. 8 d. on every sack of wool and on every 240 woolfells shipped or to be shipped by our denizen or alien lieges from any port of the aforesaid realm, by the hands of the collectors of the same subsidy in every port of the same realm above the aforesaid 3 s. [col. b] 4 d. from the said subsidy; and every kind of revenue and income pertaining to us within the said town and marches in any way soever, and the profit and proceeds issuing from the aforesaid tonnage in any way soever, granted to be taken and received by the aforesaid treasurer and victualler until the said sum of 10,000 marks has been fully paid; and he will distribute and pay out 3 s. 4 d. from the aforesaid 6 s. 8 d. to the aforesaid soldiers for satisfaction of the wages owed to them from old, and he will release the remaining 3 s. 4 d. for the repair of the bridge of Newenham there and for other necessary repairs in the aforesaid town and marches. And further, with the aforesaid advice and assent, we have granted to the same treasurer and victualler that he, by himself or his aforesaid deputies, will similarly have and receive the aforesaid £1000 from the first monies issuing from the subsidy of 3 s. on a tun and 12 d. in the pound by the hands of the collectors of the same subsidy at the time in the ports of London and Sandwich, and he will cause them to be paid and paid out for the payment and satisfaction of the wages of our soldiers remaining continuously for the safe keeping of our aforesaid town. And that the aforesaid collectors of both the said subsidy of wool, hides and woolfells and of the aforesaid subsidy of 3 s. on a tun and 12 d. in the pound, shall receive a command by our writ under our great seal; namely, the aforesaid collectors of the said subsidy of wool, hides and woolfells, that they pay from the same subsidy the aforesaid 6 s. 8 d., granted to the aforesaid treasurer and victualler or their aforesaid deputies, from time to time, above the aforesaid 13 s. 4 d. to be received by the aforesaid treasurer and victualler, as is said above, until the said sum of 10,000 marks has been fully paid, by indentures to be duly drawn up thereupon between them; and the aforesaid collectors of the said subsidy of 3 s. on a tun and 12 d. in the pound in the ports of London and Sandwich, will pay and pay out the aforesaid sum of £1000 to the same treasurer and victualler, or their aforesaid deputies, without any trouble or delay from the first monies issuing from the same subsidy by indentures similarly to be drawn up between them. And that our treasurer and chamberlain at the time, having sight of the aforesaid indentures, shall from time to time cause tallies or a tally agreeing with those indentures to be prepared and handed over in this regard to the collectors of whom it concerns. And that the treasurer and barons of our exchequer shall cause such tallies to be allowed from time to time to the aforesaid collectors in their accounts in this regard at our said exchequer: and that the aforesaid treasurer and victualler shall have from out of the chancery or our other courts as many and such writs as shall be necessary and suitable for the foregoing, to be issued in the aforesaid form. In witness of which, etc. Witnessed, etc. 20 December in the eighth year.
Concessio subsidii lanarum et pellium lanutarum, etc. The grant of the subsidy on wool and woolfells, etc.
25. Item, vicesimo tertio die Februarii, ultimo die presentis parliamenti, prefati communes, coram domino rege in parliamento predicto comparentes, post recommendationes dominorum spiritualium et temporalium de consilio regis existentium, eidem domino regi per prelocutorem dicte communitatis factas; ulterius per eundem suum prelocutorem declarabant, qualiter ipsi, ob grandem amorem et internam affectionem, quam erga dictum dominum regem habebant et gerebant, de assensu dominorum spiritualium et temporalium, in presenti parliamento existentium, concesserunt prefato domino regi, pro defensione dicti regni sui Anglie in speciali, [p. iv-342][col. a] quoddam subsidium triginta et trium solidorum et quatuor denariorum, de mercatoribus Anglicis, de quolibet sacco lane; et de quibuslibet .ccxl. pellibus lanutis, tantum; per eosdem mercatores eskippandis, et ultra mare ducendis, a crastino Sancti Martini in yeme, quod erit in anno Domini millesimo .cccc. mo .xxxi. o , usque ad finem duorum annorum tunc proximo sequens. Ac eciam de mercatoribus alienigis, quoddam subsidium .xiij. s. .iiij. d., de quolibet sacco lane; et de quibuslibet .ccxl. pellibus lanut', tantum; nominibus eorum eskippand', a predicto crastino Sancti Martini, anno predicto, usque ad finem duorum annorum tunc proximo sequens, juxta formam cujusdam cedule indentate, prefato domino regi in parliamento predicto per dictos communes tunc exhibite, in hec verba: 25. Item, on 2 February, the last day of the present parliament, the aforesaid commons, appearing before the lord king in the aforesaid parliament after having made commendations of the lords spiritual and temporal on the king's council to the same lord king through the speaker of the said commons, further declared through their same speaker how they, from the great love and deep affection which they have and bear towards the said lord king, with the assent of the aforesaid lords spiritual and temporal assembled in the present parliament, had granted to our aforesaid lord king, for the defence of his said realm of England in particular, [p. iv-342][col. a] a certain subsidy of 33 s. 4 d. from English merchants on every sack of wool, and as much on every 240 woolfells, to be shipped by the same merchants and taken overseas from the day after Martinmas [12 November], which will be 1431, until the end of the next two years then following [1433]. And also a certain subsidy of 43 s. 4 d. from alien merchants on every sack of wool and as much on every 240 woolfells to be shipped in their names from the aforesaid day after Martinmas, in the aforesaid year, until the end of the next two years then following, according to the form of a certain indented schedule then presented to the aforesaid lord king by the said commons in the aforesaid parliament, in these words:
To þe worschip of God, and for þe grete love and the entier affection, the whiche we your povere commens of þe roiaulme of Englond have to our moste soverayn lord þe kyng, be assent of the lordes spirituell and temporell, in þis present parlement, graunte to yow our sayd lord þe kyng, for the defence of the sayd roiaulme of Englond in especiall, a subsidie of .xxxiij. s. .iiij. d. of merchantz Englysshe, of every sak weght of wolle; and of every .ccxl. wollefelle, as moche; by the sayd merchantz Englysshe to be shippid, and passe over the see, fro the morne after the fest of Seynt Martyn in wynter, the which shall bee in þe yeer of our Lord God .mcccxxxi., unto þe end of .ij. yeer thanne next folowyng: paiyng þat one half, atte þe end of .vi. monethes next after þe date of her cokettes; and þat odyr half, atte þe end of þe oder .vi. monethes þanne next folowyng. And also of alle merchantz aliens, a subsidie of .xliij. s. .iiij. d. of every sak weght of wolle ; and of every .ccxl. of wollefelles, as muche; in her names to be shipped, fro þe morne after þe sayd fest of Seynt Martyn, in þe sayd yeer of our Lord God, unto þe end of ..ij. hole yeer þanne next folowyng: þe whiche graunte of subsidie, is made by þe said commens on þe conditions þat folowen. þat is to say, þat itt ne no parte þerof, be beset ne dispendyd to noon oþer use, but onely in and for þe defence of þe sayd roialme. Purveid algates þat if any wolle, or wollefelle, to be shippid by þe sayd merchantz Englyssh, be perisshid, lost, or take by enemys on þe see, duryng þe sayde terme of .ij. yeer, þat þan þe said merchantz Englyssh, be discharged of þe said subsidie of þat so perisshid, lost, or take, and admittyd and receyved before þe tresorer and barons of þe escheker for þe tyme beyng, þerof reasonably to make thair prove, in fourme byfore þis tyme had and used. And in case þat þe sayd merchantz Englyssh, herafterward paye her subsidie of wolle or wollefelle so perisshed, lost, or take, þat þanne þai may ship as muche wolle et wollefelle þerfore, withouten any subsidie paiyng for þe same; and þe custumers þerof in þair accompt be pleynly allowed and discharged. (fn. iv-335-96-1) For the honour of God, and the great love and entire affection which we your poor commons of the realm of England have towards our most sovereign lord the king, by the assent of all the lords spiritual and temporal in this parliament, grant to you our said lord the king, for the defence of the said realm of England in particular, a subsidy of 33 s. 4 d. from English merchants on every sack weight of wool, and the same on every 240 woolfells, to be shipped by the said English merchants and sent overseas from the day after Martinmas [12 November], that is 1431, until the end of the next two years then following [1433]: paying one half at the end of six months after the date of their cockets, and the other half at the end of the other six months then following. And also a subsidy of 43 s. 4 d. from all alien merchants on every sack weight of wool, and as much on every 240 woolfells to be shipped in their names from the day after the said Martinmas in the said year of our Lord God until the end of the next two complete years then following: which grant of subsidy is made by the said commons on the following conditions. That is, that it, nor any part of it, shall not be used nor spent for any other purpose but only on and for the defence of the said realm. Provided always that if any wool or woolfells to be shipped by the said English merchants which have perished, been lost, or seized by enemies at sea during the said two year term, that then the said English merchants shall be discharged of the said subsidy on that which has thus perished, been lost, or seized, and accepted and admitted before the treasurer and barons of the exchequer at the time for them to show their sufficient proof thereof in the accustomed form used in the past. And if it happens that the said English merchants hereafter pay their subsidy on wool or woolfells which have thus perished, been lost, or seized, that then they may ship the same quantity of wool and woolfells without paying any subsidy on the same, and the customs officers shall fully allow and discharge this in their accounts. (fn. iv-335-96-1)
Anticipacio solucionis secunde .x. e . et ..xv. e . The bringing forward of the payment of the second tenth and fifteenth.
26. Item, eodem die prefati communes, per prelocutorem suum predictum, ulterius declarabant prefato domino regi, in parliamento predicto; quod licet ipsi, in presenti parliamento, de assensu dominorum spiritualium et temporalium, concessissent dicto domino nostro regi, duas integras quintasdecimas et decimas, solvendas et levandas de laicis dicti regni modo consueto: unam, videlicet, in crastino Sancti Hillarii tunc ultimo preterito; et alteram, ad festum Natalis Domini extunc proximo sequens, juxta formam duarum indenturarum, eidem domino regi in parliamento predicto per predictos communes exhibitarum: quibusdam tamen notabilibus de [col. b] causis eisdem communibus ex parte domini regis notificatis et declaratis; iidem communes, de assensu dominorum predictorum, concesserunt, quod dicta quintadecima et decima de laicis ad dictum festum Natalis Domini ut premittitur levande, levetur ab eisdem laicis, et dicto domino regi solvatur, in octabis Sancti Martini proximo ante dictum festum Natalis Domini, sub certa forma in quadam alia indentura, eidem domino regi per predictos communes tunc exhibita, contenta. Cujus quidem indenture tenor sequitur et est talis: 26. Item, on the same day the aforesaid commons further declared through their aforesaid speaker to the aforesaid lord king in the aforesaid parliament that although they themselves had granted in the present parliament, with the assent of the lords spiritual and temporal, two whole fifteenths and tenths to our said lord king to be paid and levied on the laity of the said realm in the customary manner: namely one on the day after St Hilary then next following [14 January 1430], and the other at Christmas then next following [25 December 1430], according to the terms of two indentures presented by the aforesaid commons to the same lord king in the aforesaid parliament: however, with certain noteworthy [col. b] reasons having been made known and explained to the same commons on behalf of the lord king, the same commons, with the assent of the aforesaid lords, have granted that the said fifteenth and tenth to be levied on the laity at the said Christmas, as mentioned above, should be levied on the same laity and paid to the said lord king on the next octave of Martinmas before the said Christmas [18 November 1430], under certain terms specified in another indenture then presented to the same lord king by the aforesaid commons. The tenor of which indenture follows and is thus:
Hit pleseth to yowe oure soveraigne lord to considre, þat þe communes of þis roiaume, in þis your present parlement, for the grete and tendre affection, þat þei have to your excellent persone, and to þe defence of þis roialme, have granted tweyne hole quinszismes and dismes, severally to be paied and araised, of þe moeble goodes of þe laye people of þis said roialme, in manere accustumed. þat is to say, þat oone < hole > quinzisme and disme aforesaid, to be raised and paied on þe morowe after Seynt Hillary day, next after þe seid graunte; and þat ooder hole quinzisme and disme beforesaid, to been arered and paied atte þe fest of þe Nativite of our Lorde þenne next folowyng, as be two indentures of þe said graunte, by þe said commens to yowe [memb. 11] our soverayne lord in this same parlement delivered, more pleynly is expressed. Uppon whiche graunte, commissions severally into your shires of this land, to divers collectours, to make therof due levee been sent; ye our seide soverayne lorde, avysed by your hie counsell, for divers causes and notable charges mevyng you, for the welle of this your seide roialme, tendrely have desired in this same parlement, that by auctorite of this same parlement, the seide hole quinzisme and disme afore graunted, to be paied atte the fest of the Nativite of our seide Lorde, may been areised, paied and hadde, atte a rather and nerre day, that is to say, atte the oeptaves of Seynt Martyn in wynter, next before the same fest of the Nativite of our Lorde aforesaide; the whiche your desire, we your povere commens, and trewe humble people comyn to this parlement, for the shires, citees, and burghes, of this your seide roialme, with thassent of your lordes spirituelx and temporelx, graunteth, that the seide hole quinzisme and disme, afore graunted to have been paied atte the seid fest of the Nativite of our Lorde, be raised and paied atte the seide oeptaves of Seynt Martyn, accordant to your seide desire: so that ye our soverayne lorde, be auctorite of this present parlement, ordeigne and graunte, that alle the commissions made and direct in the fourme aforesaide, for the paiement and levee of the seide quinzisme and disme, that wer paiable atte the seide fest of the Nativite of our Lorde, as to the levee of the same quinzisme and disme, atte the seide fest of Nativite, be cassed, voided, adnulled, and hold for noght. And that we your seide communes and laye people, and collectours, be auctorite of this same parlement, be holy discharged of paiement, levee and accompt, of any quinzisme and disme, atte the seide fest of Nativite of our Lorde to be asked or had. And that the tresorer and barons of your escheker, may have in commaundement by writt, to sursese of any proces made or to be made agayns the seide collectours, or any of youre seide < povere commens > and humble poeple, for any levee, paiement or accompt, to be made of the seide quinzisme and disme, or any parcell therof, which was graunted to have been paied atte the fest of the Nativite before saide, any graunte made in this present parlement noght withstandyng. And forthermore, þat the knyghtes of the shires, citezeins, and burgeys, commyn to this your present parlement nowe, [p. iv-343][col. a] and eche of hem, may be auctorite aforeseide, namen the persons collectours, which were by commission assigned before in the seide commissions, or oder persones atte her wille and fredom, in the fourme of olde tyme accustumed, to rere and make levee of the seide quinzisme and disme, to be paied and arezed atte the oeptaves of Seynt Martyn aforeseide, the commissions aforeseide noghtwithstandyng. (fn. iv-335-102-1) May it please you our sovereign lord to consider that the commons of this realm assembled in this your present parliament, on account of the great and tender affection which they have for your excellent person, and for the defence of this realm, have granted two whole fifteenths and tenths to be paid and levied separately on the moveable goods of the laity of this said realm, in the customary manner. That is, that one whole aforesaid fifteenth and tenth be levied and paid on the day after the next feast of St Hilary after the said grant [14 Janaury 1430], and the other aforesaid whole fifteenth and tenth be levied and paid at Christmas next following [25 December 1430], as is more fully specified by two indentures of the said grant, presented by the said commons to you, [memb. 11] our sovereign lord, in this same parliament. On which grant, separate commissions have been sent to various collectors in your counties of this realm for due levy to be made thereupon; you, our said sovereign lord, having been advised by your esteemed council, on account of various reasons and notable burdens influencing you concerning the well-being of this your said realm, have graciously wished in this same parliament that, by the authority of this same parliament, the said whole fifteenth and tenth granted previously to be paid at Christmas may be levied, paid and received at an earlier and sooner time, that is, on the octave of Martinmas next before the same aforesaid Christmas [18 November 1430]; which wish of yours we your poor commons and faithful humble people who have come to this parliament on behalf of the counties, cities and boroughs of this your said realm, with the assent of your lords spiritual and temporal, grant that the said whole fifteenth and tenth previously granted to have been paid at Christmas may be levied and paid on the said octave of Martinmas, according to your said wish: so that you our sovereign lord, by the authority of this present parliament, may ordain and grant that all the commissions made and directed in the aforesaid form for the payment and levy of the said fifteenth and tenth, which was payable at Christmas, be quashed, made void, annulled and considered null as regards the levy of the same fifteenth and tenth at the said Christmas. And that we your said commons and laity, and the collectors, by the authority of this same parliament, shall be completely discharged of payment, levy and account to be demanded or received of any fifteenth and tenth at the said Christmas. And that the treasurer and barons of your exchequer may be commanded by writ to cease any process made or to be made against the said collectors or any of your said poor commons and humble people for any levy, payment or account to be made for the said fifteenth and tenth, or any part thereof, which was granted to have been paid at the aforesaid Christmas, notwithstanding any grant made in this present parliament. And furthermore, that the knights of the counties, citizens and burgesses assembled now in this your present parliament, [p. iv-343][col. a] and each of them, may, by the aforesaid authority, name the persons to be collectors, who were previously assigned by commission in the said commissions, or other persons at their will and freedom, in the form customary in the past, to raise and levy the said fifteenth and tenth, to be paid and levied on the aforesaid octave of Martinmas, notwithstanding the aforesaid commissions. (fn. iv-335-102-1)
27. Memorandum quod quidam articuli per dominos de consilio regio, pro sano et salubri regimine ejusdem consilii, de cetero habendis et observandis apunctuati et avisati; ac in quadam cedula per eosdem dominos subscripta, et in presenti parliamento exhibita contenti; necnon per dominos spirituales et temporales, in eodem parliamento existentes, agreati et unanimiter concordati: coram domino rege in eodem parliamento, in presentia trium regni statuum, perlecti fuerunt. Quorum quidem articulorum tenores hic sequntur, etc: 27. Be it remembered that certain articles for the sound and advantageous governance of the royal council were agreed and advised by the lords of the royal council to be accepted and observed henceforth. These were contained in a certain schedule signed by these lords and exhibited in the present parliament. Unanimously agreed and assented by the lords spiritual and temporal assembled in the same parliament, they were read in the presence of the lord king in the same parliament in the presence of the three estates. The tenors of which certain articles follow here, etc:
I. Furst, that neither my lorde of Bedford, nor of Gloucestre, nor no oþer man of the seide counseill, in any sute that shal be made unto hem, shal behote any favour, neither in < billes > of ryght, of office, of benefice, nor of other thyng that longeth to the counseill, but only answer that the bille shal be seen be alle the counseill, and the partie suyng < so > to have resonable answer. I. First, that neither my lord of Bedford nor of Gloucester, nor any other man on the said council, shall give any favour in any suit that may be submitted to them, either in bills of right, of office, of benefice, nor of any other thing that pertains to the council, but they will reply only that the bill will be seen by all the council and that the party who sues shall have a suitable answer.
II. Item, that in the pleyn terme tyme, the seide counseill shall oo day in the weke, intende to the redyng of the billes putt to the seide counseill, and to answeryng of hem, and thair answers shall be endoced on the bill, be the clerk of the same counseill, and on the Friday declared to the partie suyng; but if grete and notable causes touchyng the kynges roialmes, and his lordships lett hitt. II. Item, that during full term time, the said council shall attend on one day of the week to the reading of the bills submitted to the said council and to the answering of the same, and their answers shall be endorsed on the bill by the clerk of the same council and on the Friday declared to the party who sues, unless important and notable causes touching the king's realms and his lordships prevent this.
III. Item, that alle the billes that comprehend matiers terminable atte the commune lawe, shall be remitted ther to be determined; but if so be, that the discresion of the counseill fele to grete myght on that o syde, and unmyght on that other, or elles other cause resonable < þai > shal meve hem. III. Item, that all the bills that contain matters which can be determined at the common law shall be referred there in order to be determined; unless the council discerns over mighty power on one side and weakness on the other, or any other reasonable cause shall move them.
IV. Item, that no man of the seide counseill, shal take uppon hym to be partie in any matier to be spedde in the counseill, but if it touche hymselfe; in the whiche case, he whome the seide matier toucheth, shal noght be present, whiles the same matier that touchith hym is in communyng. IV. Item, that no man on the said council shall be involved in any matter to be put before the council if it concerns him; in such a case, he whom the said matter concerns shall not be present whilst the same matter which concerns him is discussed.
V. Item, that every man of the seide counseill, shal have full fredom to say what that hym thenketh, to alle matiers that shal be demened, or treted in the seide counseill; and no persone of the seide counseill, shal conceyve indignation, displesance ne wrath, ayeins any other of the seide counseill, for saiyng his advys or entent, to any request or matier that shal be spoken or purposed in the seide counseill, whome that ever it touche: alwaye due reverence kept to every astate and persone. V. Item, that every man on the said council shall be completely free to say what he thinks concerning all the matters which shall be dealt with or discussed in the said council, and that no person on the said council shall harbour resentment, displeasure or anger against any other person on the said council for giving his advice or opinion on any request or matter which shall be discussed or proposed in the said council, whomsoever it touches, always maintaining due respect to every estate and person.
VI. Item, that for as muche as it hath often tymes be knowe, that matiers swiche as hath be spoken and treted in the seide counseill, have be publysshed and discovered; whiche thing hath caused persones of the seide counseill, to ymagyn straungely one of another, and diverses persones of the seide counseill, to renne in maugre and indignation of persones oute of the counseill, and other grete inconveniencies. That therfore [col. b] fro this tyme forward, no persone of what degree or condition þat he be of, shal be suffred to abyde in the counseill, whilis maters of þe seide counseill be treted þerin, safe only þoo þat ben sworn unto þe counseill; but if þai be specially called þerto by auctorite of þe seide counseill. VI. Item, that whereas it has often become known that matters which have been spoken about and discussed in the said council have been proclaimed and disclosed, which has caused persons on the said council to think unfavourably of one another and several persons on the said council to be regarded with illwill and disdain by those not on the council, and other great inconveniences. That therefore [col. b] from this time hence no person, of whatever estate or condition that he be, shall be allowed to remain on the council whilst matters concerning the said council are dealt with, save only those who have been sworn onto the council, unless they have been especially summoned there by authority of the said council.
VII. Item, that in alle thynges that owith to passe and be agreed be the seide counseill, ther be .vi. or .iiij. atte the leste, present of the seide counseill, withouten the officers, assembled in fourme of counseill, and in place apointed therfore. And if thai be siche thynges that the kyng hath be accustumed to be counsailed of, þat þan þe seide lordes, procede noght therin, withoute thavys of my lorde of Bed', hym beyng in this land; or be my lorde of Glouc', in his absence; or elles be his assent: so alwayes that no mater be take as assented, but atte the leste þer assent þerto, .iiij. counseillers, and an officer, whos assent never the lesse shall not suffice, but if thai make the more partie of the nombre, þat is þan present in counseill. VII. Item, that in all matters that have to be considered and agreed by the said council there shall be, not counting the officers, six or at least four members of the said council present, assembled as a council and in the proper place. And if they are matters on which the king has been accustumed to be counselled that then the said lords shall not proceed thereupon without the advice of my lord of Bedford if he is in this realm, or in his absence, that of my lord of Gloucester, or else by his assent: so that always no matter will be considered agreed unless at least four councillors and an officer give their assent to it, whose assent, nevertheless, shall not be sufficient unless they form the majority of those who are then present on the council.
VIII. Item, that no bille shal be sped, but in the place ordeyned for counseill, the counseill beyng there assembled in fourme of counseill, and the bille furst rad there before hem alle, and that eche man singulerly shal say his advys þerto; and after that, it shal be subscribed be the lordes, be it in the same place or other, where the clerk of the counseill shal bryng it hym self unto hem. VIII. Item, that no bill shall be dealt with except in the place ordained for the council, the council being assembled there as a council, and the bill first read there before all the councillors, and that each man shall give his advice individually thereupon; and it shall thereafter be endorsed by the lords, whether in the same place or elsewhere where the clerk of the council himself shall bring it to them.
IX. Item, that the correctioun, punicioun, or remevyng of any counseller, or grete officer of the kynges, shal procede of thassent and advys, of the more part of alle thoo that beth apoynted of the kynges counseill. IX. Item, that the correction, punishment, or discipline of any councillor, or chief officer of the king, shall proceed with the assent and advice of the majority of those who have been appointed to the king's council.
X. Item, that alle the matiers that touchen the kyng, shal be preferred alle other as well in parlement as in counseill. X. Item, that all the matters which concern the king shall have preference above all others both in parliament and in council.
XI. Item, that in benefices and offices longyng unto the kynges disposition, when thai voiden, thoo that hath ben servauntz to the kynges fader, or his graundsire, or be to the kyng that nowe is, shal be preferred therto; so that there be founde among hem, persones able therto. XI. Item, that when benefices and offices belonging to the king's patronage are vacant, those who have been in the service of the king's father, or his grandfather, or who are in the present king's service, shall be preferred to them, provided that they are suitable persons.
XII. Item, that oute of the terme tyme, no thyng shal be sped in the counseill, but swyche thynge as for the good of the kyng, and of his lande, asketh necessarie and hastye spede, and may noght goodly be abyden unto the terme tyme. XII. Item, that out of term time, no matter shall be dealt with in council, except such matters which require necessary and hasty determination for the benefit of the king and his realm and cannot wait until term time.
XIII. Item, if so be that any matier sued in the counseill, falle < in > to divers opinions, if my lorde of Bedford, or of Glouc', haldyng that oo partie, thowe it be the lesse, wolle sturre þat other partie be reson to falle unto hem, thair resones beyng herd, olesse than the resones of that other partie cause hem to condescende forthwith unto hem, the mater shal dwelle in deliberation to the next day of counseill, atte the which day, iche man shal say his reason, and after communication so had, finally shal be stand to the opinion of the more partie in nombre; and if the nombre be egal atte any tyme, that part in the whiche my seide lorde of Bed', or of Glouc' is in, shal be holden the more part. XIII. Item, if it happens that any matter sued in the council leads to a variety of opinions, if my lord of Bedford or of Gloucester, taking one side even though it is the minority, influences the other side to agree with them having heard their arguments, unless the arguments of the other side cause them to agree immediately with them, the matter shall wait for discussion until the next day of council, on which day each man shall voice his argument, and after being heard, shall finally abide by the opinion of the majority; and if the number is equal at any time, that side which my said lord of Bedford or of Gloucester is in shall be accepted as the majority.
XIV. Item, for as muche as it is likly, that many matiers shal be treted afore the counseill, the which touchen the kynges prerogatife and freholde on þat o [p. iv-344][col. a] partie, and oþer of his subgettes on that other; in the whiche matiers the counseill is not lerned to kepe the kynges ryght, and the parties bothe, withoute thavys of the kyngys justices, which beth lerned both in his prerogatife, and his commune lawe; that in alle swiche matiers the kynges jugges shall be called therto, and thair advys with thair names also to be entred of recorde, what and howe thay determyne and advyse ther inne. XIV. Item, as it is likely that many matters shall be dealt with before the council which concern the king's prerogative and freehold on the one [p. iv-344][col. a] side, and others of his subjects on the opposite side, on which matters the council is not learned to maintain both the king's right and that of the parties without the advice of the king's justices, who are both learned in his prerogative and his common law; that in all such cases the king's judges shall be summoned, and their advice, along with their names, shall be entered on record also, what they advise and how they have reached their conclusions.
XV. Item, that the clerk of the counseill shal be sworn, that every day that the counseill sitteth on any billes betwix partie and partie, that he shal, as ferre as he can, loke which is the poverest sutours bille, that furst to be rad and answerd; and the kynges sergeantz to be sworn truly and pleynly, to yeve þe povere man, þat for swiche is accept to þe counseill, assistence and true counseill in his matier, so to be sued, withouten any good takyng of hym, on peyne of dischargyng of þeir offices. XV. Item, that the clerk of the council shall be sworn that every day that the council considers any bills between two parties, that he shall, as far as he is able, find the poorest suitor's bill so that it may be read and answered first; and the king's serjeants shall be sworn truly and clearly to give assistance and true counsel to the man who is considered by the council as poor on the case which he is suing, without taking any goods from him, on pain of being dismissed from their offices.
XVI. Item, in eschuyng of riotes, excesses, misgovernance and disobeisance, ayens the kynges astate, and ayens his lawes, and in example yevyng of restfull rule, and gode governaile here after to alle his subgettz, it is avysed, apointed and ordeyned that no lorde of the seide counseill, of what astate, degre or condition that he be, shal wittyngly receive, cheryssh, hold in houshold, ne mayntene, pillours, robbours, oppressours of the poeple, mansleers, felons, outelawes, ravyshours of wymen ayens the lawe, unlaweful hunters of forestes, parkes or warennes, or any other opyn mysdoers, or any opynly named or famed for swyche, til his innocence be declared; and that neyther be colour or occasion of feffement, or of þeft of gode moeble passed be dede, nor other wyse, any of the seide lordes shal take any other monnys cause or querell, in favour, supportation, or mayntenance, as by worde, be message, nor be writyng, to officer, jugge, jure, or to partie, or by yeft of his clothyng and liveree,, or takyng into his service the partie; < nor > conceyve ayens any jugge or officer, indignation or displesance, for doyng of his office in fourme of lawe; and that thai shal kepe this, not only in her owne persones, but that thai se that alle oþer in ther contrees, as miche as in hem is, and her servauntz, and alle oþer which be under hem o lesse astate do the same. And if thay do the contrarie, make hem withouten delaye leve it, or elles putt hem away fro hem. XVI. Item, for the avoidance of riots, excesses, misgovernance and disobedience against the king's estate and against his laws and as an example of giving peaceful rule and good governance hereafter to all his subjects, it is advised, determined and ordained that no lord of the said council, of whatever estate, degree or condition he be, shall knowingly receive, harbour, have in his household nor maintain thieves, robbers, oppressors of the people, murderers, felons, outlaws, rapists of women contrary to the law, unlawful hunters in forests, parks or warrens, or any other manifest wrongdoers, or any person publicly named or known as such, until his innocence is declared; and that neither by pretext or by reason of feoffment, or of theft of moveable goods passed by deed or otherwise, shall any of the said lords take up any other man's cause or suit by aid, support, or maintenance, as by word, by message, or by writing, to any officer, judge, jury, or to a party, or by gift of his clothing and livery, or by taking the party into his service; nor conceive resentment or displeasure against any judge or officer for performing his office within the terms of the law; and that they shall observe this, not only for themselves, but that they will see that all others in their neighbourhoods, as far as they are able, and their servants, and all others of lesser estate who are under their authority will do the same. And if they act to the contrary, make them abandon such people without delay, or else distance themselves from them.
XVII. Item, that neyther be occasion or colour of yeft or purchace, any of the seide lordes, shal by thaym or any other persone, to thair use or behove, receyve or take any astate, feffement, or possession of [col. b] landys, possessions, or other godes, that standith or shal stand in debate or demaunde, withoute þat it be furst spoken þerof, and communed to the kynges counseill; and thoght to þe same counseill, or þe more parte þerof, hem consideryng þe circumstance, and þe trouth of þe matier, < be > lefull and lawefull so to do. XVII. Item, that neither by excuse or pretext of theft or purchase shall any of the said lords by themselves or by any other person, for their use or profit, receive or take any estate, feoffment, or possession of [col. b] lands, possessions, or other goods which are or shall be in dispute or under claim unless it is first declared and made known to the king's council, and determined by the same council, or the majority thereof, having considered the circumstances and the truth of the matter, that it is legal and lawful for this to be done.
XVIII. Item, that none of the seide lordes of the kynges counseill shal receyve or take by hym, ne suffre to be receyved be any persone, to his profite or behove, any yeft of gode, or bonde, or promesse of gode, for to favour or forther any matier to be demened in the same counseill; ne for promotion or fortheryng of any persone to office or benefice, to be disposed be the avys of the seide counseill, nor any of the kynges officers, for to do any thing that belongeth to his office: and who so doth the contrarie, it knowen, shall restore to the partie the double, and to the kyng, six syth as miche as he so receyved; and noght be suffred after that to sitte or occupie in the seide counseill, til the kyng be otherwyse avysed. XVIII. Item, that none of the said lords of the king's council shall himself receive or take, nor allow to be received by any person, for his profit or use, any gift of goods, or bond, or promise of goodwill in order to favour or further any matter to be considered by the same council; nor for the promotion or advancement of any person to an office or benefice to be disposed of by the advice of the said council, nor for any of the king's officers to do anything that pertains to his office: and he who is known to have acted to the contrary shall restore double the amount to the party, and to the king six times as much as he thus received; and thereafter he shall not to be allowed to sit on or occupy a place on the said council until the king is advised otherwise.
28. Quibus quidem appunctuationibus et ordinationibus, in pleno parliamento predicto distincte et aperte lectis, auditis et plenius intellectis; quilibet dictorum dominorum de consilio regio existentium, fide sua media eidem domino nostro regi in manibus suis in eodem parliamento publice promisit et juravit, quod ipse omnes et singulas appunctuationes et ordinationes predictas, ex parte sua [memb. 10] inviolabiliter observaret; et quantum ad ipsum pertinuit, faceret fideliter observari. 28. Which certain points and ordinances having been clearly and openly read, heard and fully understood in the aforesaid full parliament; each of the said lords of the royal council present publicly promised and declared on oath his fealty to our same lord king in his hands in the same parliament, that he would inviolably observe each and every one of the aforesaid points and ordinances for his own part, [memb. 10] and, as much as it pertained to him, he would cause them to be observed faithfully.
Nomina vero dictorum dominorum, cedulam predictam subscribentium et appunctuationes et ordinationes prelibatas in forma predicta promittentium et [...] jurantium, hic secuntur: The names of the said lords signing the aforesaid schedule and promising and declaring on oath the aforementioned points and ordinances in the aforesaid terms follow here:
[memb. 9]
[p. iv-345]
ITEM, DIVERSES ESPECIALES PETITIONS FEURENT BAILLEZ EN MESME LE PARLIAMENT PAR LES COMMUNES D'ICELL, LES TENOURS DES QUEUX, OVEC LOUR RESPONCES, CY ENSUENT. ITEM, VARIOUS SPECIAL PETITIONS WERE PRESENTED IN THE SAME PARLIAMENT BY THE COMMONS OF IT, THE TENORS OF WHICH, WITH THEIR ANSWERS, FOLLOW HERE.
[col. a]
[Taxes in Bordeaux.] [Taxes in Bordeaux.]
29. Declaratio adnullationis subsidii nuper concessi civitati Burdeg'. As honurables et sages communes d'icest present parlement. A vous soit notifie, coment tost apres la bataille de Agincourt, al ville de Caleis, graunte fuist par le roi Henri le quint, nadgairs roi d'Engleterre, pier a nostre tressoverain seignur le roi q'ore est, a Mounsir Johan Seint Johan, lors mair de la citee de Burdeux, et as juratz d'icell citee pur le temps esteantz, en aide et socour de dite citee, une imposicioun de ..xij. d. burdegaleis de chescune livre, apprendre de les marchaundises des estraungiers illeoqes repairantz, sibien entrauntz, come issauntz, a durer al plesir et volunte de dit nadgairs roi, come par lettres de prive seal sur ceo faitz pluis au plein poet apparer. Et soit ensi, qe le dite imposicioun ad estee continue et leve, depuis le graunte avauntdit, tanqe au present; noun obstant q'en veritee celle imposicioun n'est mye converse a ceo qe fuist graunte, mes soulement tourne au profit du mair de dite citee, et de certeins juratz d'icell, a lour plesir, come notoirement est bien conuz as diverses marchauntz du mesme citee, a Loundres conversantz. 29. Declaration of the annulment of the subsidy recently granted by the city of Bordeaux. To the honourable and wise commons of this present parliament. It is made known to you how, soon after the battle of Agincourt, at the town of Calais it was granted by King Henry the fifth, late king of England, father of our present most sovereign lord the king, to Sir John St John, then mayor of the city of Bordeaux, and to the jurats of that city at the time, in aid and help of the said city, a tax of 12 d . of the money of Bordeaux in each pound, to be levied on the merchandise of foreigners visiting there, both on entering and on leaving, at the said late king's pleasure and will, as is more fully evident by letters issued thereupon under the privy seal. And it is thus that the said tax has been continuously levied since the aforesaid grant until the present time; notwithstanding that in truth this tax is not at all applied to that for which it was granted but only used for the profit of the mayor of the said city and of certain of its jurats, at their pleasure, as is commonly and well known by various merchants of the same city returing to London.
Please a vous, honurables communes, sibien pur profit du roi, come del roialme, supplier nostre seignur le roi, les seignurs espirituelx et temporelx assemblez en cest present parlement, qe par auctorite d'icell parlement, le dit imposicioun soit de tout adnulle; et qe les mair et juratz de dite citee de Burdeux, soient compellez d'accompter devaunt le conestable de Burdeux, de ceo q'ils ount receu de dit imposicioun, depuis la mort de dit nadgairs roi, et de faire gree et restitucioun au roi nostre tressoverain seignur q'ore est, de ceo qe serra trove due, et ceo come droit et reason demaundent, et mes ne soit tiel imposicioun pris pur ensample, mays de cest jour en avaunt pur toutz jours soit ouste. May it please you, honourable commons, both for the king's profit and that of the realm, to beseech our lord the king and the lords spiritual and temporal assembled in this present parliament that, by the authority of that parliament, the said tax be completely annulled, and that the mayor and jurats of the said city of Bordeaux be compelled to account before the constable of Bordeaux for that which they have received from the said tax since the death of the said late king and to make satisfaction and restitution to our present most sovereign lord the king of that which will be found due, and this as right and reason demand, and that such a tax be not taken as a precedent, but it will be withdrawn forever from this day forward.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi, par auctorite de parlement, ad declaree la graunte faite en maner compris deins ycest peticioun, d'estre voide et expiree par la mort du roi, qi fist ycell graunte; et qe ceux qi par colour de mesme le graunte, ount levez ascuns deniers depuis la mort du dit nadgairs roi, ent soient chargeables et accomptables a nostre seignur le roi q'orest. The king, by the authority of parliament, has declared the grant made in the manner specified in this petition to be void and to have expired on the death of the king who made this grant; and that those who have levied any money since the death of the said late king by pretext of the same grant shall be chargeable and accountable for this to our present lord the king.
[Vessels on river Severn.] [Vessels on river Severn.]
30. Pro hominibus de Teukesbury. A roi nostre tressoverain seignur, et a les seignurs espirituelx et temporelx en cest present parlement, besechuth mekely the baillifs, burgeis and communalte, of the towne of Teukesbury, withynne the shire of Glouc': that where the saide toune of Teukesbury is nygh adjoynaunt to the rever of Severne, withynne the same shire, whiche rever is commone to alle yowr poeple, oure soverain lorde, for to carye, recarye and lede, withynne the streme of the saide rever, in botees, trowes, and other wise, alle maner of marchaundise, and othur godus and catelles to Bristowe, and to every partie adjoynaunt to the same rever; in whiche rever, diverses persones of Teukesbury afore seide, oft tyme and nowe late, have y charged here owne vesselles and trowes with whete, malt, and other cornes and goodes to the value of ..v. c li., and the same vesselles and trowes so charged, have conveyed in the same rever, toward the same towne of Bristowe, by the costes of the forest of Dene, withynne the saide shire, adjoynaunt to the seide rever: there [col. b] have come grete multitude of peple, and rowtes of the communes of the same forest, and of the hundredes of Bledislowe and Wesebury, with greete ryot and strengthe in maner of werre, as enemys of a straunge lande, and have with force dispoiled the same persones of the seide vesselles, and take fro hem alle here corne and goodes withynne the same vesselles, and hem maneshud to bee dede, if they made any resistence, or eny sewte or querrell therefore, to grete annyentesyng and enporischyng of hem, and oppression to alle the cuntre there adjoynaunt. And seth ye, oure soverain lord, by advis of youre counseill, sende your letters of prive seal, direct to diverse persones of the saide forest, to make proclamation, that ther sholde no man of the saide forest be so hardy to lette your poeple to passe be the saide rever, with alle maner of cornes, godus and catelles, ne nonodur maner of marchaundise, in no wise, uppon the payne of treson; after the wheche proclamation made, the saide trespassours come to the saide rever, with grettur rowtes and riotes thenne ever thay dede by fore, setting no price by your saide prive seal; and there dispoilled .viij. trowes, at divers tymes, of whete, malt and flowre, and other divers goodes, and the men of the same trowes cast over the borde, and diverse of hem drowned, and the hausters of the same trowes cutte atwayne, and maneshud the owners of the saide goodes, and the saide trowmen, that they sholde not be so hardy to carye no maner of vitaille by the seide streme up ne doune, for lorde ne lady, and that they wolde alle to hewe the saide trowes, and they comen eny more by the costes of the saide forest; for whiche riot and rebellioun, ther dar no commune persone of Teukesbury forseide, ne of the cuntre adjoynaunt, carie corne ne other goodes in the saide rever, ne sewe to have remedie for suche oppressions and wronges doon to hem, in as muche as the saide forest and hundredes been large cuntrees, and wylde of peple, and negh adjoynaunt to Wales, and alle the communes of the same forest and hundredes, of oon affinite in malice and riot, settyng no prise by þe lawe, ner by the officers, ner the ministres ther of, ner chargyng the processe ne the reddur of the lawe of the londe; in so muche that they wille not obeye any ministre of the lawe, ner the execution ther of, but at here owne lust; ner the officers ner the ministres of the lawe of the same < shire > , in any wise dar come withynne the saide forest, to execute any matier or processe of lawe, ayeinst the wille and entent of the commens of the same forest and hundredes. 30. On behalf of the men of Tewkesbury. To our most sovereign lord the king and the lords spiritual and temporal in this present parliament, the bailiffs, burgesses and commons of the town of Tewkesbury in the county of Gloucester, humbly beseech: that whereas the said town of Tewkesbury is close to the river Severn in the same county, which river is for the common use of all your people, our sovereign lord, for them to carry, re-carry and move along the stream of the said river in boat, trowes and by other means all kinds of merchandise and other goods and chattels to Bristol and to every region adjoining the same river; on which river, several persons from the aforesaid Tewkesbury, in the past and now recently, have loaded their own vessels and trowes there with wheat, malt and other corn and goods to the value of £500, and the same vessels and trowes thus loaded have moved along the same river towards the same town of Bristol by the edge of the forest of Dean, in the said county, which adjoins the said river: [col. b] a great many people and gangs of common men from the same forest and from the hundreds of Bledisloe and Westbury have come there with much violence and strength in a war-like manner just like enemies of a foreign land, and have forcibly robbed the same persons of the said vessels and have taken all their corn and goods on the same vessels from them, and have threatened to kill them if they offer any resistance or any suit or plaint on that account, to their great ruin and impoverishment and the oppression of all the adjoining regions. And so you, our sovereign lord, by the advice of your council, sent your letters under the privy seal addressed to various persons of the said forest, to issue a proclamation that no man of the said forest should be so bold as not to allow your people to pass by the said river with all kinds of corn, goods and chattels, nor other kind of merchandise, upon pain of treason; after which proclamation was made, the said trespassers came to the said river with greater armed mobs and violence than they ever did before, placing no value on your said privy seal; and on several occasions robbed eight trowes there of wheat, malt and flour, and various other goods, and threw the men of the same trowes overboard, several of whom drowned, and cut in two the hawsers of the same trowes, and threatened the owners of the said goods and the said trowmen that they should not be so bold as to carry any kind of victuals up or down the said stream, for lord or lady, and that they would cut to pieces all of the said trowes if they came along the edge of the said forest in future; on account of which violence and rebellion no common person from the aforesaid Tewksbury or from the neighbouring regions dares carry corn or other goods on the said river nor sue to have redress for such oppressions and wrongs done to them, inasmuch as the said forest and hundreds are vast regions, with unruly people, and close to Wales, and all the commons of the same forest and hundreds are unified in their ill-will and violence, placing no value on the law, nor on the officers nor ministers thereof, nor accepting the process or the judgment of the law of the land; insomuch as that they will not obey any minister of the law, nor its execution, except at their own pleasure; nor dare the officers or the ministers of the law of the same county enter the said forest in any way to execute any matter or process of the law against the will and purpose of the commons of the same forest and hundreds.
Please hit to yow, oure saide soverain lorde, by the advis and the assent of the lordes spirituelx and temporelx in this present parlement, to considere the meschiefs aforesaide, and the inconvenience that is like to falle therof, to ordeine, by auctorite of this present parlement, that, in every suche cas to comyng, or withynne this yere last passed had or fallen, the shereve of the saide shire, or the baillifs of the towne of Gloucestre, for the tyme beyng, or one of hem, on payne of forfaiture of .xx.li., to be raysed of here landes, goodes and catelles to the kynges use, make proclamation at Glouc' forsaide, withynne foure dayes next after notice made to hem, or to any of hem, by the saide persones so wronged, or by any other in [p. iv-346][col. a] here name, of the saide wronges and trespasses done, that the saide trespassours restore, in the same towne of Glouc', withynne .xv. dayes after the saide proclamacioun, to the saide partie so wronged, here saide corne and marchaundises, godes and catelles, so taken, or the verray value of hem, with resonable amendes for the harmes of suche takyng: after wheche proclamacioun, þerof the saide trespassours restore not the saide corne and marchaundises, godes and catelles, or the value of hem, to the parties so greved, in the forme above saide, with resonable amendes for here harmes; ner that the saide trespassours be not brought to yowre prisone to the castell of Glouc', for the saide trespasse, by the officers of the saide forest and hundredes, or by the commonaltes of the same, to be demened in suche cas by the kyng and his counseill; that thanne, by consideratioun of the statuit of Wynchestre, sette for the roberye of eny persone, yeunth an action for hym that is robbed, ayeinst the hundrede withynne the wheche the same roberye be done, after the forme of the same statuit, the same commonaltes be chargied of the same corne and marchaundises, godes and catelles, so taken, or of the verray value of hem, to the partie so greved, and to satisfie hem of here harmes for the same takyng; and that the saide parties so wronged and greved, may have here generall actiouns of dette, ayeinst the saide commonaltes of the saide forest and hundredes, of the summe of money, to the wheche the value of the corne, marchaundises, godes and catelles extende, so take that the saide commonaltes been no commonaltes corporat, not withstondyng havyng processe in suche actiouns of dette, by somounces, attachementz and distresse, as is to be hadde in an actioun of dette atte þe commen lawe; so that if þe saide commonaltes make defaute atte the secunde distresse in suche actiouns, that thenne the partie that seweth have juggement to recovere his dette ayeinst the seide commonaltes, after the supposell of here writtes, in the forme above saide, with his resonable costes and dammages; and what issue triable be enquest in the saide forest and hundredes, happeth to be taken in suche actiouns, that hit be tried be enquest of the corps of the saide shire, oute of the same forest and hundredes, and that the goodes and catelles of every singuler persone of the saide commonaltes for the tyme beyng, be hadde, taken and holden in lawe, as the commone goode and catelle of the same commonaltes, touching the retourne, servise, and alle executiouns of the writtes, processe and juggementz, in and of the saide actiouns: and that every singuler persone of the saide forest and commonaltes, have power, be the auctorite of this saide parlement, to attache and arreste the saide trespassours by here bodyes, as well withynne the saide forest as withoute, and hem so arrested to commytte to the saide prisone, and that the keper and wardeyn of the same prisone, upon the payne of .xl.li., to be reysed of his godes and catelles, londes and tenementz, to the kynges use, savely kepe every persone to his warde so commytted, into the tyme the kyng or his counseill have of recorde here deliveraunce ordeigned and purveyed; and if the goodes and catelles of eny singuler persone or persones of the saide forest or hundredes, beyng not gilty of suche dispoylynges, happuth to be putte in execucioun be cause of eny suche actiouns and juggementz, that thenne the saide persone or persones so beyng not gilty, whos godes and catelles been so putte in executioun, may here speciall actiouns of < dette or > trespasse uppon her cas, ayeinst the saide trespassours, to recover here dammages, as wele for the value of the goodes or catelles so putte in executioun, as for here harmes and costages, that happuth to be hadde by cause of the saide actiouns < of dette > , havyng processe in the saide actions of dette or trespasse, as is to be hadde in the saide actiouns [col. b] of dette, for þe saide persones so endamaged and dispoiled. May it please you, our said sovereign lord, by the advice and assent of the lords spiritual and temporal in this present parliament, to consider the aforesaid misdeeds and the harm that is likely to ensue from this to ordain by the authority of this present parliament that, in every similar case in future, or which has occurred within this last year, the sheriff of the said county, or the bailiffs of the town of Gloucester at the time, or one of them, on pain of forfeiture of £10 to be levied on their lands, goods and chattels for the king's use, shall make proclamation at the aforesaid Gloucester within the next four days after they, or any of them, have been notified by the said persons thus wronged, or by any other person on [p. iv-346][col. a] their behalf, of the said wrongs and trespasses thus committed, that in the same town of Gloucester, within fifteen days after the said proclamation, the said trespassers shall return to the said party thus wronged their said corn and merchandise, goods and chattels thus seized, or the true value of them, with suitable compensation for the damage caused by such seizure: after which proclamation if the said trespassers do not return the said corn and merchandise, goods and chattels, or their value, to the parties thus wronged in the abovesaid manner with suitable compensation for their damages; or if the said trespassers are not taken to your prison in Gloucester castle by the officers of the said forest and hundreds, or by the commons of the same, for the said trespass to be decided in such a case by the king and his council; that then, by consideration of the statute of Winchester, enacted for robbery committed against any person, which entitles an action to him who is robbed against the hundred within which the same robbery was committed, according to the terms of the same statute, the same commons shall be bound to the party thus wronged for the same corn and merchandise, goods and chattels thus seized or of their true value, and to satisfy them for their damages for the same seizure; and that the said parties thus wronged and harmed may have their general actions of debt against the said commons of the said forest and hundreds for the sum of money covering the value of the corn, merchandise, goods and chattels, assuming that the said commons are no common corporation, notwithstanding them having process in such actions of debt by summons, attachments and distraint, as can be obtained in an action of debt at the common law; so that if the said commons make default at the second distraint in such actions, that then the party who sues shall have judgment to recover his debt against the said commons after the allegation of their writs in the abovesaid form, with his reasonable costs and damages; and whatever issue which can be tried by inquest in the said forest and hundreds happens to be taken in such actions, that it be tried by inquest of the whole body of the said county, beyond the same forest and hundreds, and that the goods and chattels of every singular person of the said commons at the time shall be lawfully seized, taken and held as the common goods and chattels of the same commons, touching the return, service, and all executions of the writs, process and judgments on and concerning the said actions: and that every singular person of the said forest and commons shall have the power by the authority of this said parliament to attach and arrest the said trespassers by their bodies, both in and outside the said forest and commit those thus arrested to the said prison, and that the keeper and warden of the same prison, upon pain of £40 to be levied on his goods and chattels, lands and tenements for the king's use, shall safely keep every person thus committed to his custody until the king or his council have ordained and provided on record for their release; and if the goods and chattels of any singular person or persons of the said forest or hundreds who is not guilty of such misdeeds happen to be put into execution because of any such actions and judgments, that then the said person or persons who are not guilty, whose goods and chattels have thus been affected, may have special actions of debt or trespass on their case to recover their damages against the said trespassers, both for the value of the goods or chattels thus affected and for their damages and costs that happen to have been incurred because of the said actions of debt, having process in the said actions of debt or trespass as can be obtained in the said actions [col. b] of debt for the said persons thus harmed and wronged.
[editorial note: Responsio.] [editorial note: Answer.]
Soit fait come il est desire par la petitioun. (fn. iv-335-145-1) Let it be done as it is desired by the petition. (fn. iv-335-145-1)
[Chapel of St George, Windsor.] [Chapel of St George, Windsor.]
31. Wyndesore. To the right wyse and discrete commens of this present parlement, besekith right humbly John Arundell, dean or wardein of the chapelle roial of Seint George in the castell of Wyndesore, and the college of the same: that hough be hit that the saide chapelle was founded be the right noble and worthy kyng Edward the thridde syn the conquest, whom God assoille, upon a wardein, chanons, poure knyghtes, and other ministres. þit, in the statuitz of the honurable ordre of the gartier, founded and ordeined in the saide chapelle, the saide wardein is named and wretyn dean; also fro the tyme of the first fundacioun of the saide chapelle, wardeins therof have usually be called deans: and so diverse persones of here devocioun have yevyn to the seide chapelle, londes, rentz and other goodes, summe undre the name of wardein, summe undre the name of dean and wardein, and summe under the name only of dean; for whiche diversite and variaunce of the seide names, the seide suppliauntz doubten hem of damage and prejudice, that myght be engendred ayeins the possessions of the chapelle forseide, be occasioun of the seide diversite and variaunce. 31. Windsor. To the most wise and learned commons of this present parliament, John Arundel, dean or warden of the royal chapel of St George in Windsor castle, and the college of the same most humbly beseech: that whereas the said chapel was founded by the most noble and worthy King Edward the third since the conquest, whom God absolve, for a warden, canons, poor knights and other ministers, in the statutes of the honourable order of the Garter, founded and ordained in the said chapel, the said warden is named and written down as dean; also from the time of the first foundation of the said chapel the wardens thereof have usually been called deans: and so several persons of their devotion have given, lands, rents and other goods to the said chapel, some under the name of warden, some under the name of dean and warden, and some only under the name of dean; because of which diversity and variance of the said names the said supplicants are concerned for the damage and prejudice which might be engendered against the possessions of the aforesaid chapel by reason of the said diversity and variance.
Please it your right high and wise discreciouns to preye the kyng oure soverain lorde, be the advis and assent of the lordes espirituelx and temporelx of this present parlement, be the auctorite of the same, to graunte his letters patentz undre his great seale, aftre the fourme and effect of the cedule annexed to his bille, and we shull preye to God for you. May it please your most high and wise discretions to pray the king our sovereign lord, by the advice and assent of the lords spiritual and temporal in this present parliament, by the authority of the same, to grant his letters patent under his great seal according to the form and effect of the schedule annexed to this bill, and we shall pray to God for you.
Rex omnibus ad quos etc., salutem. Sciatis quod licet libera capella nostra Sancti Georgii infra castrum nostrum de Wyndesore, in primaria fundatione ejusdem, de uno custode et certis canonicis, ac militibus et aliis ministris, per inclite memorie Dominum Edwardum nuper regem Anglie progenitorem nostrum, seu saltem ejus voluntate et mandato, auctoritate sufficienti, fundata fuerit et existat. Tamen in quibusdam statutis honorabilis ordinis militaris de gartera, in dicta capelle ordinatis et editis, custos dicte capelle decanus nominatur; ac Willelmus Mugge, quem prefatus progenitor noster primum custodem capelle predicte, in fundatione ejusdem prefecit, et ceteri custodes ibidem pro tempore existentes, a tempore fundacionis predicte, decani vulgariter fuerunt vocitati. Et felicis recordacionis dominus Henricus nuper rex Anglie, pater noster carissimus, nuper vacante custodia capelle predicte, cum quadam prebenda in eadem, post mortem Ricardi Kyngeston', qui custodiam et prebendam predictas, pretextu quarumdam litterarum patentium domini Henrici nuper regis Anglie avi nostri, per quas idem avus noster eidem Ricardo contulit decanatum libere capelle predicte, pacifice optinuit et possedit, eundem decanatum dilecto clerico suo Johanni Arundell, per litteras suas patentes, sexto die Januarii anno regni sui sexto, contulit: qui ad custodiam et prebendam predictas eo pretextu admissus, eas a tempore admissionis predicte optinuit et optinet in presenti. Nonnulli insuper Cristi fideles, caritatis fervore succensi ob devocionem quam erga prefatum gloriosum martirem Sanctum Georgium, in cujus honore capella predicta ut premittitur est fundata, habebant et gerebant, diversa terras, tenementa, redditus, possessiones, tam spirituales quam temporales, et alia bona diversa, custodi et canonicis capelle predicte, quidam per nomen custodis et capellanorum capelle predicte, quidam per nomen decani sive custodis et canonicorum [p. iv-347][col. a] capelle predicte, quidam vero bona per nomen decani et capituli sive collegii ejusdem capelle, licencia mediante regia, caritative concesserunt; quibus quidem terris, tenementis, redditibus, possessionibus et aliis predictis, custodes et canonici capelle predicte pro tempore existentes, a tempore concessionum hujusmodi, per nomina prelibata pacifice sunt gavisi. Jamque prefatus Johannes nobis supplicavit, ut cum ipse metuat, tam sibi, super possessione sua custodie et prebende predictarum, quam sibi ac canonicis capelle predicte, super possessione sua terrarum, tenementorum, reddituum et possessionum suorum predictorum, occasione variacionis et diversitatis nominacionum hujusmodi, inter alia preter et contra formam fundacionis predicte, dampnum et prejudicium de facili posse generari: velimus pro securitatibus suis in hac parte prospicere gratiose. Nos, piam et devotam intencionem prefati progenitoris nostri Edwardi in hac parte intime contemplantes, et ne idem progenitor noster, aut alii Cristi fideles predicti, qui terras, tenementa, redditus et possessiones hujusmodi, eidem capelle sive collegio ut premittitur contulerunt, eorum piis et devotis desideriis defraudentur, set ut eadem sua desideria eo firmius et solidius permaneant et observentur, quo nostra fuerint declaracione et confirmacione roborata, omnes et singulas ambiguitates et controversias in hac parte omnino delere et extirpare cupientes, de assensu dominorum spiritualium et temporalium, ac communitatis regni nostri Anglie, in presenti parliamento nostro existentium, auctoritate ejusdem parliamenti; volumus, concedimus et declaramus, quod predictus Johannes, pro termino vite sue, sit custos sive decanus capelle predicte, ac custodiam et prebendam predictas, a predicto sexto die Januarii, habeat et possideat, cum suis juribus et pertinentiis quibuscumque; quodque ipse et omnes alii custodes capelle predicte, qui pro tempore fuerint, custodes sive decani libere capelle nostre Sancti Georgii infra castrum nostrum de Wyndesore decetero nuncupentur; et quod idem custos sive decanus dicte capelle, ac canonici ejusdem, et eorum successores, per nomen custodis sive decani et canonicorum libere capelle nostre Sancti Georgii infra castrum [col. b] nostrum de Wyndesore, habeant et teneant sibi et successoribus suis imperpetuum, omnia et singula terras, tenementa, redditus et possessiones predicta, necnon omnimoda libertates, franchesias, immunitates, quietancias, licencias et privilegia, ac alia quecumque, dicto collegio, aut prefatis custodi sive decano et canonicis capelle predicte, vel aliquibus predecessorum suorum, per progenitores nostros, aut alios quoscumque qualitercumque data, concessa, collata sive confirmata, quibuscumque nominibus collegium predictum, aut custos sive decanus et canonici capelle predicte, vel predecessores sui, in donacionibus, collacionibus, concessionibus sive confirmacionibus hujusmodi, nuncupentur; quodque dicte littere patentes prefati patris nostri, prefato Johanni ut prefertur confecte, ac omnia eas tangentia, cum connexis et dependenciis suis, necnon omnia et singula custodiam capelle predicte concernentia, per ipsum Johannem, a predicto sexto die Januarii, virtute litterarum predictarum facta, habita sive perpetrata, ejusdem virtutis, roboris et effectus existant, et imperpetuum permaneant; acsi littere ille eidem Johanni, de custodia capelle predicte, cum prebenda in eadem, juxta formam fundacionis ejusdem primitus facte extitissent: statuto de terris et tenementis ad manum mortuam non ponendo edito, aut eo quod capella predicta de uno custode ut premittitur fundata existit, vel eo quod expressa mencio de vero valore terrarum, tenementorum, reddituum, possessionum, libertatum, franchesiarum, immunitatum, licenciarum, quietanciarum et privilegiorum predictorum, prefatis custodi sive decano et canonicis ut premittitur concessorum, vel que et cujusmodi terre, tenementa, res, redditus, possessiones, libertates, franchesie, immunitates, licencie, quietancie et privilegia illa fuerint, in presentibus facta non existit, aut aliquibus aliis statutis vel ordinacionibus, tam in fundacione ejusdem capelle, quam alias in contrarium factis, non obstantibus. Salvis tamen cuilibet ligeorum nostrorum, jure, titulo, interesse et actione sua, si que habent, ad terras et tenementa supradicta. In cujus etc. The king to all to whom etc., greeting. Know that whereas our free chapel of St George within our castle of Windsor, at the first foundation of the same by Lord Edward, late king of England, our progenitor of celebrated memory, or at least by his will and mandate, was founded and exists by sufficient authority for one warden and certain canons and knights and other ministers. However, in certain statutes of the honourable military order of the Garter ordained and published in the said chapel the warden of the said chapel is named dean; and William Mugge, who our aforesaid progenitor appointed as the first warden of the aforesaid chapel at the foundation of the same, and other wardens at the time there from the time of the aforesaid foundation have commonly been called dean. And Lord Henry late king of England of felicitous remembrance, our most beloved father, - with the wardenship of the aforesaid chapel with a certain prebend in the same recently being vacant after the death of Richard Kingeston, who peacefully held and possessed the aforesaid wardenship and prebend by authority of certain letters patent of Lord Henry late king of England, our grandfather, by which our same grandfather collated the deanery of the aforesaid free chapel to the same Richard, - collated the same deanery to his dearest clerk John Arundell by his letters patent on 6 January in the sixth year of his reign [1405]: who, having been admitted to the aforesaid wardenship and prebend by that authority, has held them from the time of his aforesaid admission and he holds them at present. Moreover, several faithful men of Christ, from the ardent piety of charity on account of the devotion which they were having and showing towards the aforesaid glorious martyr St George, in whose honour the aforesaid chapel is founded, as is aforesaid, have charitably granted by means of royal licence various lands, tenements, rents, possessions both spiritual and temporal, and various other property to the warden and canons of the aforesaid chapel, some by the name of warden and chaplains of the aforesaid chapel, some by the name of dean or warden and [p. iv-347][col. a] of the aforesaid chapel, but some possessions by the name of dean and chapter or college of the same chapel; which aforesaid lands, tenements, rents, possessions and other things the wardens and canons of the aforesaid chapel at the time have peacefully enjoyed from the time of such grants, by the aforementioned names. And now, the aforesaid John has beseeched us that since he himself is afraid both for himself concerning his possession of the aforesaid wardenship and prebend, and for himself and the canons of the aforesaid chapel concerning their possession of their aforesaid lands, tenements, rents and possessions on account of such variation and diversity of the names, among other things, against and contrary to the terms of the aforesaid foundation, damage and prejudice may easily be produced: we wish graciously to provide for their security in this regard. We, most cordially contemplating the pious and devout intention of our aforesaid progenitor Edward in this regard, and lest our same progenitor or the other aforesaid faithful men of Christ who have granted such lands, tenements, rents and possessions to the same chapel or college as mentioned above, are denied their pious and devout wishes, but so that their same wishes continue and are observed more firmly and more wholly in this, so that our declaration and confirmation were strengthened, wishing to end and entirely eradicate each and every one of the ambiguities and controversies in this, with the assent of the lords spiritual and temporal and the commons of our realm of England assembled in our present parliament, by the authority of the same parliament we will, grant and declare that the aforesaid John shall be warden or dean of the aforesaid chapel for the term of his life, and shall have and possess the aforesaid wardenship and prebend from the aforesaid 6 January with their rights and appurtenances whatsoever; and that he himself and all other wardens of the aforesaid chapel at the time will henceforth be called wardens or deans of our free chapel of St George within our castle of Windsor; and that the same warden or dean of the said chapel and the canons of the same, and their successors, by the name of warden or dean and canons of our free chapel of St George within our castle [col. b] of Windsor, will have and hold to themselves and their successors forever each and every one of the aforesaid lands, tenements, rents and possessions as well as all kinds of liberties, franchises, immunities, quittances, licences and privileges, and other things whatsoever, howsoever given, granted, collated or confirmed to the said college or to the aforesaid warden or dean and canons of the aforesaid chapel, or any of their predecessors, by our progenitors or anyone else whosoever, by any names the aforesaid college or warden or dean and canons of the aforesaid chapel or their predecessors are called in such gifts, collations, grants or confirmations; and that the said letters patent of our aforesaid father made to the aforesaid John as mentioned above, and all things touching them, with their appurtenances and dependencies, and also each and everything concerning the wardenship of the aforesaid chapel having been done, had or perpetrated by the same John from the aforesaid 6 January, by virtue of the aforesaid letters, the force, strength and effect of the same will exist and continue forever; and so those letters originally issued to the same John concerning the wardenship of the aforesaid chapel with the prebend in the same according to the terms of the foundation will remain: notwithstanding the statute concerning lands and tenements published for mortmain, or because the aforesaid chapel is founded for one warden, or because express mention is not made in these present letters or in any other statutes or ordinances made to the contrary both at the foundation of the same chapel and otherwise of the true value of the aforesaid lands, tenements, rents, possessions, liberties, franchises, immunities, licences, quittances and privileges granted to the aforesaid warden or dean and canons as mentioned above, or which and of what sort of lands, tenements, things, rents, possessions, liberties, franchises, immunities, licences, quittances and privileges these were. Saving however to each of our lieges their right, title, interest and action if they have any for the aforesaid lands and tenements. In witness of which etc.
[editorial note: Responsio.] [editorial note: Answer.]
Soit fait come il est desire par la peticioun. Let it be done as it is desired by the petition.
[memb. 8]
ITEM, IN PRESENTI PARLIAMENTO DIVERSE PETITIONES EXHIBITE FUERUNT DOMINO NOSTRO REGI, TAM PER PRELATOS ET CLERUM QUAM PER COMMUNITATEM REGNI SUI ANGLIE, QUARUM TENORES, UNA CUM RESPONSIONIBUS EARUMDEM, SEQUENTUR IN HEC VERBA. ITEM, VARIOUS PETITIONS WERE PRESENTED TO OUR LORD KING IN THE PRESENT PARLIAMENT BOTH BY PRELATES AND CLERGY AND BY THE COMMONS OF HIS REALM OF ENGLAND, THE TENORS OF WHICH, TOGETHER WITH THEIR ANSWERS, FOLLOW IN THESE WORDS.
[col. a]
I. [Servants of pelates.] I. [Servants of pelates.]
32. Item, quia prelati et clerus antedicti, ad convocacionem convocati, eorumque servientes et familiares, qui cum eisdem ad convocacionem hujusmodi veniunt, sepius ac frequenter arestantur, molestantur et inquietantur, petunt prelati et clerus antedicti, quod vocandi in futurum ad convocationem, pretextu brevis regii, eorumque servientes et familiares, eadem libertate sive immunitate, veniendo, expectando et redeundo, plene gaudeant et tueantur perpetuis futuris temporibus, qua gaudent et gaudere consueverunt, sive gaudere debent in futurum, proceres sive magnates et communitas [col. b] regni Anglie, ad parliamentum domini regis vocati sive vocandi. 32. Item, whereas the aforesaid prelates and clergy, having been summoned to convocation, and their servants and familiars who come with them to such a convocation, are often and frequently arrested, molested and disturbed, the aforesaid prelates and clergy petition that, when summoned to convocation in future by means of the king's writ, they and their servants and familiars should in future fully enjoy and be protected forever by the same liberty or immunity in coming, remaining and returning which the nobles or magnates and the commons of the realm of England enjoy and have been accustomed to enjoy, or ought to enjoy in future, [col. b] having been summoned or to be summoned to the parliament of the lord king.
[editorial note: Responsio.] [editorial note: Answer.]
Fiat prout petitur per petitionem. (fn. iv-335-160a-1) Let it be done as it is desired by the petition. (fn. iv-335-160a-1)
II. [Trade with Scandinavia.] II. [Trade with Scandinavia.]
33. Item, quia carissimus avunculus noster rex Dacie, Norwegie, et Swecie, sicut ex intimatione sua accepimus, considerans multiplicia et grandia perditiones, pericula, dampna et dispendia, que tam sibi et suis, quam aliis forensibus et extraneis etiam amicis, et specialiter subditis nostris de regno nostro Anglie, ex introitu, [p. iv-348][col. a] ingressu et transitu personarum hujusmodi forinsecarum et extranearum, in regnum suum Norwegie, et alia dominia, districtus, territoria, jurisdictiones et loca sibi subdita et subjecta, presertim in insulas suas de Fynnmark et alibi, tam in personis, quam in eorum rebus et bonis, nuper evenerunt. Pro vitandis hujusmodi perditionibus, periculis, dampnis et dispendiis; et ne similia, quod absit, evenirent in futurum: ordinavit et statuit, quod omnes et singuli extranei, tam Anglici quam alii, ad et in regnum suum Norwegie, et alia dominia, districtus, territoria, jurisdictiones, insulas et loca predicta, causa optinendi vel habendi pisces, aut alia quecumque mercandisas sive bona, navigio applicare et accedere volentes, applicent et veniant ad villam suam de Northbarn, ubi dictus avunculus noster stapulam suam pro concursu extraneorum, et specialiter Anglicorum, ad excercitium hujusmodi mercandisarum statuit specialiter et stabilivit: concedendo subditis nostris Anglicis, quod ipsi ibidem gaudebunt in omnibus et per omnia eisdem favoribus, privilegiis et prerogativis, quibus gaudebant ipsi de Hansa. Nos, volentes dilectionem, affinitatem et amicitias, que inter prefatum avunculum nostrum incliteque memorie nobiles progenitores suos, regna, terras, dominia, districtus, territoria, jurisdictiones et loca sua predicta; ac nos et inclite recordationis nobiles progenitores nostros, vassallos, subditos, regna, terras et dominia nostra, ab olim, et a longissimis retro temporibus coaluerunt, firmiter observari, nec aliquid per nos, quod absit, aut nostros attemptari vel fieri, per quod hujusmodi < amicitiis > prejudicium aliquod irrogari posset vel inferri, aut inimititie, dissensiones, vel debate generari, de avisamento dominorum spiritualium et temporalium, ac communitatum regni nostri Anglie, in presenti parliamento nostro congregatorum; statuimus prohibentes, ne quis ligeorum seu subditorum nostrorum de regno nostro Anglie, proprie temeritatis ausu, contra ordinationem, prohibitionem et interdictum ipsius avunculi nostri superius memorata, et in contemptum eorumdem, regna, terras, dominia, districtus, territoria, jurisdictiones et loca dicti avunculi nostri, ingredi seu intrare presumat; sub pena forisfacture omnium bonorum suorum mobilium, et imprisonamenti persone sue, ad voluntatem nostram. 33. Item, whereas our most beloved uncle the king of Denmark, Norway and Sweden, as we understand from his intimation, considering the manifold and great injuries, perils, damages and losses which have recently occurred both to him and to his and to other foreigners and aliens of our friendship, and especially to our subjects of our realm of England, concerning the entry, [p. iv-348][col. a] ingress and crossing of such foreign and alien persons to his realm of Norway and to the other lordships, districts, territories, jurisdictions and places under and subject to him, particularly in his islands of Finland and elsewhere, both to persons and to their things and possessions. In order to avoid such injuries, perils, damages and losses, and lest the like should happen in future, which God forbid, he has ordained and decreed that each and everyone of the aliens, whether Englishmen or others, wishing to land at and to enter his realm of Norway and the other aforesaid lordships, districts, territories, jurisdictions, islands and places by ship in order to obtain or have fish or any other merchandise or goods, should land and go to his town of Northbarn, where our said uncle specifically set up and established his staple for the commercial activity of foreigners, and particularly Englishmen, for the exercise of such merchandising: granting to our English subjects that they themselves will enjoy there all the favours, privileges and prerogatives which are enjoyed by those of Hanse. We - wishing the love, affinity and friendly relations which have become established between our aforesaid uncle and his noble progenitors of celebrated memory, his aforesaid realms, lands, lordships, districts, territories, jurisdictions and places, and us and our noble progenitors of celebrated memory, our vassals, subjects, realms, lands and lordships from old, and from a very long time in the past, to be observed firmly, nor anything to be attempted or done, which God forbid, by us, or ours by which any prejudice to anyone in our friendship can be inflicted or brought about, or hostility, dissension, or dispute generated, with the advice of the lords spiritual and temporal and the commons of our realm of England assembled in our present parliament - make decree prohibiting any of our lieges or subjects of our realm of England to presume of his own foolishness to enter or go into the realms, lands, lordships, districts, territories, jurisdictions and places of our said uncle against the ordinance, prohibition and interdict of our same uncle mentioned above and in contempt of the same, under pain of forfeiture of all their moveable goods and imprisonment of their bodies at our will.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. (fn. iv-335-165-1) The king wills it. (fn. iv-335-165-1)
III. [Commissions of sewers.] III. [Commissions of sewers.]
34. Please au roy nostre tressoveraigne seignur considerer, coment a la darrein parlement tenuz a Westm', l'an de vostre gracious reigne sisme, ordeigne et graunte estoit par auctorite du dit parlement, (fn. iv-335-167-1) que severalx commissions de sewers, soient faites as diverses persones par le chaunceller d'Engleterre pur le temps esteant a nommers en toutz les parties de roialme, ou mestre serra, solonc la fourme et tenure d'une cedulle ent fait, et en la rolle du dit darrein parlement escriez et enrolles; par queles ordinances et grauntes, les ditz commissioners n'eient poiar ne auctorite defaire, perfourmer ne d'executer les comprises deins les ditz cedull et commissions; ordeigner et establer par auctorite de cest present parlement, que toutz tielx commissioners, aient poiar pur faire, ordeignere et executere, statutz, ordeignances, et autres affaires solonc l'effect et purport des ditz cedull et commissions. 34. May it please the king our most sovereign lord to consider how at the last parliament held at Westminster in the sixth year of your most gracious reign it was ordained and granted by the authority of the said parliament. (fn. iv-335-167-1) that several commissions concerning sewers should be made to various persons to be nominated by the chancellor of England at the time in all the regions of the realm where there is need, according to the form and tenor of a schedule made on this, and written down and enrolled on the roll of the said last parliament; by which ordinances and grants the said commissioners do not have the power nor the authority to do, perform or carry out the matters specified in the said schedule and commissions; to ordain and establish by the authority of this present parliament that all such commissioners should have the power to do, ordain and execute the statutes, ordinances and other business according to the effect and purport of the said schedule and commissions.
[editorial note: Responsio.] [editorial note: Answer.]
Soit fait come il est desire par la petitioun. (fn. iv-335-170-1) Let it be done as it is desired by the petition. (fn. iv-335-170-1)
IIII. [Liveries.] IIII. [Liveries.]
35. Item, priount les communes: qe la ou est ordeigne par diverses estatutz faitz en temps des progenitours nostre seignur le roy, qe null chivaler, ou ascun autre de meindre estate, dorroit ascun livere des draps ou des chaperons as autres qe sez menyalles, et officers, et hommes apprisez d'un ley ou de l'autre, sur peine de .c. s. d'estre levez de donour, et .xl. s. de parnour, ataunt [col. b] de foitz q'ils facent le contrarie; et celuy qe vult suer, eit la moite de dit peine, apres ceo q'ils soient ent dewement convictz. Et qe justices de assises prendre, et justices de pees en chescun counte d'Engleterre, eient poiar de temps en temps en lourz sessions, d'enquerrer de matiers suisditz, et les oier et terminer, come en les ditz estatutz et ordinances ent faitz pleinement appiert; les queux estatutz et ordinaunces, ne ount my estez duement gardez, au cause qe yceux qe facent le contrarie des ditz ordinaunces, devaunt les ditz justices ne poient estre enditz, pur graund mayntenaunce en celles parties euez. 35. Item, the commons pray: whereas it is ordained by various statutes made in the time of our lord the king's progenitors that no knight, or any other of lesser estate, give any livery of clothes or of caps to anyone other than his menial servants and officers and men learned in one law or in the other on pain of 100 s . to be levied on the giver, and 40 s . on the receiver as many [col. b] times that they act to the contrary; and he who wishes to sue should have the one half of the said penalty after they are duly convicted. And that the justices of the assizes to be held and the justices of the peace in every county of England should have the power in their sessions to inquire from time to time concerning the aforesaid matters, and to hear and determine them, as is fully apparent in the statutes and ordinances made on this; which statutes and ordinances have not been duly observed because those who act contrary to the said ordinances are unable to be indicted before the said justices on account of the extensive maintenance received in this matter.
Please par auctorite d'icest present parlement de ordeigner, pur tiel mayntenaunce oustier, qe les justices suisditz eient poiar par auctorite suisdite, sibien au seute de roy come de partie, d'agardier briefs de attach et distresse, envers toutz yceux, qe desore en avaunt facent le contrarie des ordinaunces suisditz, en les countees ou ils teignent lour sessions, directz as viscountes de mesmes les countees, retornables devaunt les ditz justices, ou les justices pur le temps esteantz en lour sessions; et si retorne soit par les ditz viscountes, qe yceux vers queux les ditz briefs isseront, ne ount riens, adonqes soient agardez envers eux, capias et exigent, en maner come serra fait envers eux qe sount enditez, devaunt justices de pees de trespases faitz ove force et armez encountre la peas nostre seignur le roy: et s'ils appiergent as ascunz des ditz briefs, eient les ditz justices poiar par auctorite suisdit, d'eux examiner des matiers suisditz, et ceux q'ils trovent par examinatioun, qe ount fait le contrarie des ditz estatutz et ordinaunces, encourgent la peyne en les ditz estatutz et ordinaunces comprises; c'estassavoir, le donour .c. s. et le parnour .xl. s. ataunt des foitz q'ils facent la contrarie, en maner et fourme come ils dussent, s'ils ent fuissent par enquestz deuement devaunt les ditz justices convictz, ensi qe les ditz estatutz et ordinaunces soy extendront pur l'examinatioun al liveres depuis le fest de Noell proschein avenir a doners, encountre la fourme des estatutz devaunt cestes hoeures < ent faitz > . Purveu qe la dit ordinaunce soy extende sibien en le counte de Cestr' et Lancastr', par l'examinatioun et processe come devaunt est dit, de les justices de Cestr' ou son lieutenaunt illeosqes, come par examinatioun de les justices del counte de Lancastr', ensi affaires encountre toutz yceux qe serront le contrarie des ditz ordinaunces en temps avenir. Purveu toutz foitz, qe toutz estatutz et ordinaunces devaunt faitz et nient repellez, des liveres des draps, par seignurs donez ou a doners, encountre la fourme des estatutz et ordinaunces suisditz, estoient en lour force, et qe cest estatut ne extende mye quaunt al execution des examinations, as viscountes de Londres, mairs pur le temps q'ils sount officers, serjeauntes de ley, al temps q'ils preignont mesme l'estate sur eux, et comenceours en les universitees deins le roialme d'Engleterre, al temps de lour commencements, ne as ceux qe pur le temps suisditz de eux preignont liveres. Et auxi, qe toutz ceux qi preignent ascuns tielx liverees de draps ou chaperons, d'ascun seignur espirituell ou temporell, ou d'ascun dame, de ou en Engleterre, encountre la fourme des estatutz suisditz, soient semblablement examinez et puniz, en maner come ceux qi preignont tielx liverees des chivalers, et autres de meindre estate come desuis. Purveu toutfoitz, qe en temps de guerre, bien lise as seignurs, chivalers et esquiers, qi travaillerent en tiel guerre, de doner < lour > liverees de vesture ou des chaperons a lour soudeours, tielx et en tiel guise come meulx lour semblera; et qe bien lise a tielx soudiours, de prendre et user tielx liverees de draps ou de chaperons, pur le temps de tiell guerre, saunz ascunement estre molestez en celle partie, par force ou vertue de cell estatuit. Et enoutre, si ascun persone de quele estate ou condition q'il soit, apres le fest de Noell suisdit, de sa auctorite demesne et costages proprez, achate, et use pur sa vesture, ascuns draps ou chaperons, [p. iv-349][col. a] appelle liverees, del sorte ou sute d'ascun seignur, dame, chivaler, esquier, [...] ou autre persone qeconcqe, pur avoir de eux supportation, socour ou mayntenance, en ascun quarell, ou en autre maner qeconcqe, q'il ent duement convict par examinatioun, ou par autre maner avaunt par estatutz declare, encourge le peyne devaunt limite, de ceux qe eux preignent liverees des seignurs, et autres persones suisditz. Et outre ceo, eient l'enprisonement d'un an entier, saunz estre lesse a baille ou a maynprise, pur lour fauste et sotile ymaginatioun en cell partie. May it please you to ordain by the authority of this present parliament for such maintenance to be withdrawn and the aforesaid justices have the power by the aforesaid authority, both at the suit of the king and of the party, to award writs of attachment and distraint addressed to the sheriffs of the same counties against all those who shall henceforth act contrary to the aforesaid ordinances in the counties where they hold their sessions, to be returned before the said justices, or the justices at the time, in their sessions; and if it be returned by the said sheriffs that those against whom the said writs were issued have nothing, then let a capias and exigent be awarded against them in the manner as will be done against those who are indicted before the justices of the peace for trespasses committed with force and arms against our lord the king's peace: and if they appear in response any of the said writs, let the said justices have power by the aforesaid authority to examine them concerning the aforesaid matters, and those who they have found by examination to have acted contrary to the said statutes and ordinances should incur the penalty specified in the said statutes and ordinances; that is, the giver 100 s . and the receiver 40 s ., as many times as they act to the contrary in the manner and form as would happen if they were convicted on this by inquests duly held before the said justices, so that the said statutes and ordinances will apply to the examination of liveries which are, from next Christmas, given contrary to the terms of the statutes made on this in the past. Provided that the said ordinance applies both in Cheshire and Lancashire by the examination and process, as is said above, of the justices of Chester or their lieutenant there and by the examination of the justices of Lancashire against all those who will act contrary to the said ordinances in future. Provided always that all the statutes and ordinances made previously and not repealed, concerning the livery of clothes given or to be given by the lords, contrary to the terms of the aforesaid statutes and ordinances, should remain in force, and that this statute should not apply as regards the carrying out of examinations by the sheriffs of London, mayors for the time that they are in office, serjeants of the law at the time they assume the same rank, and new students in the universities within the realm of England at the time of their entry or to those who took liveries from them for the aforesaid time. And also, that all those who receive any such liveries of clothes or caps from any lord spiritual or temporal or from any lady from or in England contrary to the terms of the aforesaid statutes, should be similarly examined and punished, in the manner as those who receive such liveries from knights and others of lesser estate, as above. Provided always that in times of war, it will be permissable for lords, knights and esquires who fight in such a war to give their liveries of clothes or of caps to their soldiers, in such a manner and in such a way as seems best to them; and that good bequests to such soldiers to take and use such liveries of clothes and of caps for the time of such a war, without any being troubled in this regard by force or virtue of this statute. And moreover, if any person of such status or condition that he be, after the aforesaid Christmas, by his own authority and personal cost, buys and uses any clothing or caps called liveries for his followers, [p. iv-349][col. a] of the kind or of the retinue of any lord, lady, knight, esquire, or any other person whatsoever, in order to have their support, aid or maintenance in any dispute, or in any other way whatsoever, that he be duly convicted of this by examination or by other means specified above by the statutes and incur the penalty defined above for those who have taken liveries of the lords and the other aforesaid persons. And moreover, let them be imprisoned for a whole year without being released on bail or by mainprise for their falsehood and cunning scheming in this regard.
[editorial note: Responsio.] [editorial note: Answer.]
Soit fait come il est desire par la petitioun. (fn. iv-335-176-1) Let it be done as it is desired by the petition. (fn. iv-335-176-1)
V. [Weights.] V. [Weights.]
36. Please to oure soverayn lord þe kyng to considere, how it was ordeinid bi þe grete chartir of fredomys of þe reme, bi a statut maad þe ..xxvi. yer of the reigne of Kyng Edward III, (fn. iv-335-178-1) and confermid bi a statut made þe ..xiij. yere of Kyng Richard II, (fn. iv-335-178-2) þat on weiyte and on mesure be bi al þe reme, as wel with oute þe estaple as with ynne: and in þe said statut of Edward pleynly is contenid, þat þe weiyt which is clepid an auncell, for grete damagis and sotil deceitis don þer wiy to þe commyn peple, shal outirli be putt a wei, and woll, and al maner þinge weiable, boyt or sold, be weied be þe balance, so þat þe tunge of þe balance encline not to on party, ne to þe oþer, with weiytis a telid, et acordant to þe standard of þe chekier; and he þat doy þe contrarie to damage of þe seller, shal forfete to þe kyng, þe value of þe godis so weied or mesurid, and þe partye pleynyng shal have þe quatreble of his damages: and bi þe statut of Richard bifore seid is addid, þat þe trespassour shal ben enprisonid .ij. yers, fyn and raunson makyng at þe kyngis will; þe justices of þe pees, upon þese defautis, havyng power in special to enquere, as wele at þe kyngis suyte, as at þe partie pleynyng. 36. May it please our sovereign lord the king to consider how it was ordained by the great charter of liberties of the realm and by a statute made in the twenty-sixth year of the reign of King Edward III, (fn. iv-335-178-1) and confirmed by a statute made in the thirteenth year of King Richard II, (fn. iv-335-178-1) that on weights and on measures throughout all the realm, both outside and inside the staple, and in the said statute of Edward, it is clearly specified that the weight which is called an auncell, because of the great damage and underhand deceits done thereby to the common people, shall be completely removed, and wool and all kinds of weighable goods bought or sold shall be weighed by the balance, so that the fulcrum of the balance does not incline towards one party or the other, with weights which are checked and which are in accordance with the standard of the exchequer; and he who does the contrary to the loss of the seller shall forfeit the value of the goods thus weighed and measured to the king, and the party suing shall have his damages fourfold: and to this the aforesaid statute of Richard adds that the trespasser shall be imprisoned for two years, making fine and ransom at the king's will; the justices of the peace having special power to inquire concerning these defaults both at the king's suit and at that of the party suing.
Please þerfore to oure soverayn lord to ordein, be auctorite of þis present parlement, þat þese statuts be stedfastly kept, and streitli execut. And feryermore, for hie riytwisnesse of all men, and to eschew many mischievis notid in þe cedull annexid to þis bill, and specialy to distroie a fals craft of regratouris of yern, iclepid yern chopperis, þe which shal distroie within a short tyme, but it be remediyd, þe trew and þe good cloth makyng in þe [memb. 7] reme; þat þer be in everi cite, burgh and town, a comyn balance, with comyn weiytis a telid, and accordant to þe standard of þe chekier, upon the comyn cost of þe cite, burgh or town, in þe meiris or constablis ward; at þe which balances and comyn weiytis, al þe dwellers of þe same cite, burgh or town, þe which non weiytis have, and oþer þat have, if þei will, may freli weie, withoute ony more payment: takyng neveryeles of a foreyn, for everi drawyt withynne þe weiyt of .xl. libres, a quarter; for everi drawyt bitwyn .xl. and a .c. libres, obulum; for everi drawyt with ynne a .c. and a .m. .1. d. at þe moste; wheroffe þe weiytis shal be mayntenyd, and þe officer trewli weiyng rewardid, bi þe discretion of þe hedis of þe same cite, burgh or town, aftir his entendance to þat occupatioun, be more or lesse; addyn to þis ordinaunce, þat no man bie wollen yern, but he woll make cloþ þer offe, ne use weiyt, mesur, ne oþer þing, in stede of weiyt or mesure, þat is not a telid, accordant to yowr standard; ne putt ony þing þerto, bi weie of hongyng or keveryng, or ony oþer maner wise, þat myyt encrese þe mesure or þe weiyt, or lette þe balaunce to have his kendly course, upon þe same forfeitour and peyn bifore seid. And þat þe justices of þe pees, meiris, bailes and stiwardis of frangise, have power bi auctorite of þis present parlement, to examine þe trespassours in þis cas, and to enquere in special of alle trespassours ayens þis ordinance to hem þat be founde gilty, be enquestis, or be examinatioun to be made bi þe saide juges in þis cas, doyng executioun, in maner and fourme as it is afore [col. b] seid: þis ordinaunce at þe feste of Estre next comyng, and alwei aftir, stedfastli to be hold and kept. And þat everi cite upon peyn of ..xl.li., and every burgh upon peyn of .c. s., and every town wher a constable is, upon peyn of .xl. s., have a comyn balance with weiytis, acordant to þe standard bifore seide, withynne two monethes after proclamation of þis statut made; which peynes shall be areisid to the kyngis oeps, as oft as þey be founde defectif, aftir þe proclamation afore seide. May it please our sovereign lord therefore to ordain by the authority of this present parliament that these statutes be firmly maintained and immediately enforced. And furthermore, for the benefit of all men, and in order to avoid the many faults noted in the schedule annexed to this bill, and especially to end the corrupt craft of regrators of yarn, called yarn choppers, which will destroy the honest and the good cloth-making in the realm within a short time unless it is rectified; [memb. 7] that there should be a common balance in every city, borough and town, with common weights which are checked and which are in accordance with the standard of the exchequer, at the common cost of the city, borough or town, in the custody of the mayor or constable; at which balances and common weights all the people dwelling in the same city, borough or town, of which some have weights and others do not, may, if they wish, freely weigh there without any additional payment: nevertheless taking from an outsider, for every weighing within the weight of 40 pounds, a farthing; for every weighing between 40 and a 100 pounds, a halfpenny; for every weighing between a 100 and a 1000, 1 d . at the most; these weights shall be maintained, and the officer who honestly performs the weighing rewarded by an increase or deduction at the discretion of the officials of the same city, borough or town according to his performance of his task, adding to this ordinance that no man should buy woollen yarn unless he makes cloth from it, nor use weight, measure, nor other thing instead of the weight or measure that is accounted as or in accordance with your standard; nor add anything to it by means of hanging or concealing, or by any other way that might increase the measure or the weight or prevent the balance to have its natural course, upon the same aforesaid forfeiture and penalty. And that the justices of the peace, mayors, bailiffs and stewards of franchises shall have power by the authority of this present parliament to examine the trespassers in this regard, and to inquire particularly concerning all the trespassers who are found guilty by them contrary to this ordinance by inquests, or by examination to be made by the said judges carrying this out in the aforesaid manner and form: [col. b] this ordinance to be upheld and firmly maintained from next Easter following, and forevermore. And that every city upon pain of £40, and every borough upon pain of 100 s ., and every town, where there is a constable, upon pain of 40 s ., should have a common balance with weights according to the aforesaid standard within two months after proclamation of this statute has been made; which penalties shall be levied for the king's use, as often as they are found at fault after the aforesaid proclamation.
[editorial note: Responsio.] [editorial note: Answer.]
Soit fait come il est desire par la petitioun. (fn. iv-335-182-1) Let it be done as it is desired by the petition. (fn. iv-335-182-1)
VI. [Felonies in Cambridgeshire.] VI. [Felonies in Cambridgeshire.]
37. Au roi nostre tressoveraigne seignur, et a les seignours espirituelx et temporelx en ycest present parleament assemblez, priount les communes en ycest present parleament assemblez: qe par la ou diverses grandes mischiefs et subtielx felonies ou robberiez ore tard sont avenuz et faitz en la ville de Cantebrigge, et aillours en les countees de Cantebrigge et Essex, et en autres lieux d'Engleterre, par gentz mailfeisours disconuz, queux fount diversez billes, directez as diversez gentz de mesmes les vile, countees, et autres lieux d'Engleterre, lour commaundant de mettre diversez grauntz sommez d'argent en certeins lieux, ou les ditz mailfeisours ceo purront legierment encarier, saunz estre pris ou aparceux; certifiantz en les ditz billes, qe s'ils ne mettent lez diners en lez lieux par les ditz billes assignez a certein jour, qe les ditz mailfeisours ferront le pluis graund et outrageous vengeance, qe ils poient a toutz yceux qi ne voidrent mettre mye tielx sommez illeoqes faire. Et pur ceo, qe tielx sommez n'ount pas estre mys en diversez lieux, solonc la purport de mesmes les billez, plusours measons, biens et chatieux des diverses persones, ount este felonousement et traitreousment, au Cantebrigge et aillours en les countees et lieux suisditz, arcez et tout outrement annientez, par ount le poeple de lez vile, countees, et autres lieux suisditz, sont graundement enpoverez, et en point de estre finalment distructz. 37. To the king our most sovereign lord and the lords spiritual and temporal assembled in this present parliament, the commons assembled in this present parliament pray: whereas various great wrongs and subtle felonies or robberies have recently taken place and been committed in the town of Cambridge and elsewhere in the counties of Cambridge and Essex and in other places in England by discontented malefactors, who have issued various bills addressed to several people of the same town, counties and other places in England, ordering them to place various large sums of money in certain places where the said malefactors are easily able to carry this away without being captured or seen; certifying in the said bills that if they do not put the money in the places on a certain day specified by the said bills then the said malefactors will wreak the most great and violent vengeance that they can on all those who who do not leave such sums of money there. And because they have been unable to put such sums of money in various places, according to the tenor of the same bills, many houses, goods and chattels of several people in Cambridge and elsewhere in the aforesaid counties and places have been feloniously and treacherously burnt and completely ruined, whereby the people of the aforesaid town, counties and other places are greatly impoverished and at the point of being totally destroyed.
Qoie voz please de ordeigner par auctorite de cest present parlement, qe toutz tielx arsurez des measons d'ascun persone, soient ajuggez haut treson. Et qe cest ordinance soi extende, auxibien a tielx arsurez, faitz puis le primer jour du reigne du nostre soveraigne seignur q'orest tanqe en cea, come dez arsurez affairez en temps avenir. Salvant tout foitz, as toutz seignurs et autres persones, lour liberteez et fraunchesez, si come ad este fait et use devaunt sez heurez, en cas de forfaiture de felonie. Et ceo pur Dieu, et en oevre de charite. May it please you to ordain by authority of this present parliament that all such setting fire to the houses of any person be adjudged high treason. And that this ordinance should extend both to such arsons committed since the first day of the reign of our present sovereign lord [1 September 1422] until now, and to arsons to be committed in future. Saving always to all the lords and other persons their liberties and franchises, as has been appropriate and used in the past in case of forfeiture for felony. And this for God and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Soit fait come il est desire par la petitioun. (fn. iv-335-188-1) Let it be done as it is desired by the petition. (fn. iv-335-188-1)
VII. [Courts of marshal and constable.] VII. [Courts of marshal and constable.]
38. Item, priount les communes: qe come ordeigne estoit par le roi Henry aiell de nostre seignur le roi q'orest, l'an de son reigne primer, (fn. iv-335-190-1) qe toutz les appelles affairez, dez choses faitz hors du roialme d'Engleterre, soient triez et terminez devaunt le constable et marshall d'Engleterre pur le temps esteant. Et qe null appell, soient de cell temps enavaunt fait ou pursuez en parleament ascunement, en null temps avenir. Et outre ceo, ordeigne fuist et estable, qe de cell temps enavaunt, qe toutz les appellez affairs, des choses faitz deinz le dit roialme, soient triez et terminez par les bons leyes du dit roialme, faitz et usez en temps de les nobles progenitours du dit nadgairs roy. 38. Item, the commons pray: whereas it was ordained by King Henry the grandfather of our present lord the king in the first year of his reign [1399] (fn. iv-335-190-1) that all the appeals to be made for anything done outside the realm of England should be tried and determined before the constable and marshall of England at the time. And that no appeal should henceforth be made or sued in any parliament on this in future. And it was further ordained and established that all the appeals to be made henceforth for anything done within the said realm should be tried and determined by the good laws of the said realm made and used in the time of the noble progenitors of the said late king.
Please a roi nostre soveraigne seignur, par auctorite de cest present parlement de ordeigner, qe le dit estatut soit bien et duement gardez, et mys en due executioun; et qe toutz les appelles affairs, des choses faitz ou affairz hors du dit roialme, soient triez et terminez devaunt les conestables et marshall d'Engleterre pur le temps esteant. Et qe toutz les appelles affairs en temps avenir, sibien des tresons, felonies, come des autres choses faitz deinz le dit roialme, soient suez, triez et terminez, par la commune ley de dit roialme, devaunt nostre [p. iv-350][col. a] seignur le roi en son bank, ou autres sez commissioners; et nemye devaunt constable et marshall en null manere. May it please the king our sovereign lord, by the authority of this present parliament to ordain that the said statute should be well and duly observed and duly executed; and that all the appeals to be made for anything done or to be done outside the said realm should be tried and determined before the constables and marshal of England at the time. And that all the appeals to be made in future whether for treasons, felonies, or for other things committed in the said realm, should be sued, tried and determined by the common law of the said realm before our [p. iv-350][col. a] lord the king in Kings Bench, or his other commissioners; and not before the constable and marshal in any way.
[editorial note: Responsio.] [editorial note: Answer.]
Soient les estatutz faitz devaunt cez heurez tenuz et gardez. Let the statutes made in the past be upheld and observed.
VIII. [Franchise of forty-shilling freeholders.] VIII. [Franchise of forty-shilling freeholders.]
39. Priount les communes de cest present parleament: qe come les elections des chivalers des countees, esluz avenir a voz parleamentz, en plusours countees d'Engleterre ore tard ount este faitz par trop graunde et excessive nombres des gentz, demurrantz deinz mesmes les countees; dount le greindre partie estoit par gentz sinoun de petit avoir, ou de null value, dount chescun pretende d'avoir vois equivalent, quaunt au tielx elections fair, ov le pluis vaillantz chivalers ou esquiers, demurrantz deinz mesmes les countees; dount homicides, riotes, batteries et divisions, entre les gentils, et autres gentz de mesmes les countees, verisemblablement surdront et serront, si covenable remedie ne soit purveu en cell partie. 39. The commons of this present parliament pray: whereas elections of the knights of the counties, elected to come to your parliaments, have recently been made in many counties of England by excessively numbers of people living in the same counties; of which the majority have been made by people who have little or no means, each of whom pretend to have, as regards the making of such elections, a voice which is equivalenet to that of the more wealthy knights or esquires living in their same counties; because of which, homicides, riots, assaults and divisions will most probably arise and occur between the nobles and the other people in the same counties unless a suitable remedy is provided in this regard.
Que please a vostre gracious seignurie de considerer les premisses, et de purvoir et ordeigner par auctorite de cest present parleament, qe les elections des chivalers des mesmes countees deinz vostre roialme d'Engleterre, a esliers avenir a les parleamentz en apres ateners, soient eslus en chescun counte, par gentz demurrantz et receantz en ycells, dount chescun eit frank tenement a la value de .xl. s. par an, al meyns, outre les reprises; et qe ceux qe serront ensy eslus, soient demurantz et receantz deinz mesmes les countees; et ceux qe ount le greindre noumbre, de yceux qi poent expendre par an .xl. s. et outre, come desuis est dit, soient retournez par les viscountes de chescun countee, chivalers pur le parleament, par endentures ensealez par entre les ditz viscountes et les ditz elisours ent affaire: et eit chescun viscount d'Engleterre poer par auctorite suisdit, d'examiner sur les Seyntz Evaungelez chescun tiel eslisour, combien il poet expendre par an. Et si ascun viscount, retourne chivalers pur venir au parleament, au contrarie d'icest ordinaunce, qe les justices des assises, en lour sessions des assises, eient power par auctorite suisdit, de ceo enquerer; et si par enquest ceo soit trovez devaunt mesmes les justices, et le viscount de ceo duement atteint, qe adonqes le dit viscount encourge la peine de .c.li. a paiers a nostre seignur le roi. Et auxi q'il eit emprisonement par un an, saunz estre lesse a baille ou meinprise. Et qe les chivalres pur le parleament, au contrarie le dit ordinaunce retournez, perdent lour gages. Purveu toutz foitz, qe celuy qe ne poet expendre .xl. s. par an, come desuis est dit, ne serroit en ascun maner eslisour des chivalers pur le parleament. Et qe en chescun brief qe issera en apres as viscountes, pur eslier chivalers pur le parleament, soit mention fait des ditz ordinaunces. May it please your gracious lordship to consider the foregoing, and to provide and ordain by the authority of this present parliament that the elections of knights of the same counties in your realm of England, to be elected in future to the parliaments to be held henceforth, should be elected in every county by the people living and residing in them who each should have a free tenement worth 40 s . a year at least, in addition to the outgoings; and that those who will be thus elected should be living and residing in the same counties; and those who have the support of the majority of those who are able to spend 40 s . and above a year, as is said above, should be returned by the sheriffs of every county as knights for the parliament by sealed indentures to be made on this between the said sheriffs and the said electors: and every sheriff of England should have the power by the aforesaid authority to examine each such elector on the Holy Gospels as to how much he is is able to spend a year. And if any sheriff returns knights to come to parliament contrary to this ordinance then the justices of the assizes, in their sessions of assize, should have the power by the aforesaid authority to inquire concerning this; and if it be found by this inquest before the same justices, and the sheriff is duly convicted of this, that then the said sheriff should incur the penalty of £100 to be paid to our lord the king. And also that he should be imprisoned for one year without being released on bail or mainprise. And that the knights returned for the parliament contrary to the said ordinance should lose their wages. Provided always that he who is unable to spend 40 s . a year, as is said above, will not be an elector of the knights for the parliament in any way. And that in every writ which will henceforth be issued to the sheriffs for the election of knights to the parliament mention should be made of the said ordinances.
[editorial note: Responsio.] [editorial note: Answer.]
Soit fait come il est desire par la petitioun. (fn. iv-335-199-1) Let it be done as it is desired by the petition. (fn. iv-335-199-1)
[IX.] [Chattels of fugitives and felons.] IX. [Chattels of fugitives and felons.]
40. Item, priont les communes: qe come diversez gentz, queux ount [est vicounts et baillifs des fraunchises, come autres persones] deinz le roialme d'Engleterre vivantz, les heirz, executours et terre tenauntz de certeins persones mortz, sount graundement vexez et [distreintz per lour biens et chateaux annuelment] a cause des diversez demaundez, qeux courgent en leve, hors de l'escheqer nostre seignur le roi, des issuz, fines, amerceamentz, chateux dez [futifs et des felons, et autres commoditees appurtenauntz] a la coroune d'Engleterre, grauntez as diversez seignurs, et autres persones, par les chartres dez progenitours nostre seignur le roi; dount allowance [n'est mye unqore fait, sibien del temps le roy Henry] l'ayel, come de le roi Henri, piere nostre seignur le roi qu'orest, par encheson des diversez opinions, doutez et matiers en ley, queux [ount este moevez sur les dites charters, et les grants en ycellez: et lez] barouns de dit eschequier, doutent pur diversitee dez opinions en cestez matiers, de [col. b] ent faire determination, [saunz avys de lez justices de bank le roy, et le commone bank.] 40. Item, the commons pray: whereas several people who have been sheriffs and bailiffs of franchises, as well as other persons living within the realm of England, who are the heirs, executors and land-tenants of certain deceased persons, are greatly vexed and annually distrained by their goods and chattels on account of various demands which are taken in levy out of the exchequer of our lord the king on the issues, fines, amercements, chattels of fugitives and of felons, and other commodities appertaining to the crown of England, granted to various lords and other persons by the charters of the progenitors of our lord the king; for which allowance has still not been made both from the time of King Henry the grandfather and from King Henry the father of our present lord the king, on account of the diversity of opinions, uncertainties and matters in law which have been moved on the said charters and the grants on them: and the barons of the said exchequer are afraid because of the diversity of opinions on these matters to make a judgment [col. b] without the advice of the justices of King's Bench and the Common Bench.
[Que please a nostre] seignur le roi, par advys et assent dez seignurs espirituelx et temporelx en yceste present parleament, commaunder [et charger toutz sez justices de lez ditz bankes, sur le serement] q'ils deivent a roi, q'ils veient lez ditz grauntez, doutes et matiers en ley, ensemblement ove les [barons de dit eschequer, appellantz a eux les sergeantz et attourne] du roi; et sur ceo, lez ditz justicez ent donent lour avys et pleyn determination a mesmes les barons, [solonc lour escynt; a fyn qe les juggementz sur tielx] doutez, purrent estre renduz, et droit fait, en ease del poeple. Pur Dieux, et oevere de charite. May it please our lord the king, by the advice and assent of the lords spiritual and temporal in this present parliament, to command and charge all his justices of the said benches, on the oath which they gave to the king that they determine the said grants, uncertainties and matters in law together with the barons of the said exchequer, consulting with the king's serjeants and attorneys; and thereupon the said justices will give their advice and full judgment to the same barons, according to their knowledge; to the end that the judgments on such uncertainties will be able to be rendered, and justice given to the ease of the people. For God and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Soient les especialtees des difficultees nomez en la petitioun, apportez et monstrez devaunt les seignurs du conseil du roi; et appellez devaunt le dit counseil, les justicez du roi, et les barons de l'eschequier, ait mesme le conseil poiar, par [auctorite] du parleament, d'examiner les dites difficultees, et icelles determiner solonc lour discretion. Et soient les processez faitz en le dit eschequier sur les matiers si doutousez, respitez tan q'ils soient pleinement determinez. Et s'il semble au dit conseil, les ditz difficultees si graundez q'ils ne purront bien icelles determiner, soient mesmes les difficultees et doutez declarez en le parleament proscheinement a tenir, par les seignurs du dit conseil, et illeoqes finalment determinez, solonc ceo qe bone foye et conscience demandent. Let the particular difficulties specified in the petition be brought and shown before the lords of the king's council; and summoning the king's justices and the barons of the exchequer before the said council, let the same council have power, by the authority of parliament, to examine the said difficulties and determine them according to their discretion. And let the processes made in the said exchequer on the matters so in doubt be put in respite until they are fully determined. And if it seems to the said council that the said difficulties are so great that they are unable to determine them completely, let the same difficulties and uncertainties be declared by the lords of the said council in the next parliament to be held, and finally determined there according to that which good faith and conscience demands.
X. [Election expenses.] X. [Election expenses.]
41. Item, priont les communes de cest present parleament: qe la ou citezeins et burgeis eslus de venir a vostre parleament, par les elections dez gentz des citees et burghs deinz vostre roialme, ount ewe, et d'aunciene temps accustume de droit devoient avoir, pur lour gages et expenses, chescun jour durant vostre parleament, < .ij. s. > ; c'est assavoir, chescun d'ieux .ij. s. pur chescun jour duraunt vostre dit parleament; dez qeux gages, lez ditz citezeins et burgeis, et chescun d'eux, d'auncien temps ount ewe, et de droit dusent avoir, lour briefs al viscount del countee, ou tiell citees et burghs sont, pur lour ditz gages lever et a eux deliverer, come les chartres des countees veignauntz a vostre parleament ount ewe et use: les qeux gages en diverses citees et burghs, a maveis ensample, sont ore de novell sustretes, par issint qe la ou divers notables persones et sages, devaunt till' sustrete des gages, veignent a vostre dit parlement, pur le bien de vous, et tout la roialme, ore ne sont eslus ne veignont, si noun lez gentz pluis febleez, pluis poverez et impotentes, et la duraunt vostre dit parleament gisont a lour propre costages, a lour perpetuell anientisment, si noun qe due remedie soit purveu en cest cas. 41. Item, the commons of this present parliament pray: whereas the citizens and burgesses elected to come to your parliament by the elections of the people of the cities and boroughs in your realm have had, and have by right been accustomed to have in the past, 2 s . every day for their wages and expenses during your parliament; that is, each of them 2 s . during your said parliament; for which wages the said citizens and burgesses, and each of them, have had in the past, and by right were entitled to have, their writs for the sheriff of the county where such cities and boroughs are in order to levy and deliver their said wages to them, as the charters of the counties coming to your parliament have had and used: which wages are now newly withheld in several cities and boroughs, as a bad precedent, with the result that whereas various notable and wise persons came to your said parliament before such withholding of wages for the benefit of you and all the realm, now they are not elected nor do they come, but only the men who are wekest, poorest and most lacking in power, and during your said parliament have to live at their own expense, to their perpetual ruin, unless a fitting remedy is provided in this regard.
Que please a vostre roial mageste, le dit matere de considerer, et grauntier par auctorite de cest present parleament, qe lez ditz citezeins et burgeis, et chescun d'eux, aient lour gages de .ij. s. come devaunt est dit, pur chescun jour duraunt vostre parlement, et a fyne de chescun parleament, eient lour briefs a viscount pur lever lez ditz deniers, si come les ditz chivalers des countees ount, et d'aunciene temps ount ewe; nient contristeant ascun usage, custume ou ordinaunce, usurpation ou sustrete dez gagez, fait a contrarie. Purveu toutz foitz, qe cest estatuit teigne lieu, sibien pur les citezeins et burgeis deinz cest present parleament ore assemblez et venuz, come des citezeins et burgeis avenir a voz parleamentz, ou voz heirs, en temps avenir. May it please your royal majesty to consider the said matter and grant by the authority of this present parliament that the said citizens and burgesses, and each of them, should have their wages of 2 s . as is said above, for each day during your parliament, and at the end of every parliament they should have their writs for the sheriff to levy the said money, as the said knights of the counties have and have had in the past; notwithstanding any usage, custom or ordinance, usurpation or withdrawal of wages made to the contrary. Provided always that this statute takes effect both for the citizens and burgesses now assembled in this present parliament and for the citizens and burgesses who come to your parliaments, or those of your heirs, in future.
[memb. 6]
[editorial note: Responsio.] [editorial note: Answer.]
Le roi s'advisera. (fn. iv-335-209-1) The king will consider this further. (fn. iv-335-209-1)
XI. [Rovers.] XI. [Rovers.]
42. A nostre tressoverain seignur, priount les communes de cest present parleament: qe come plusours des lieges nostre soverain seignur le roi, ove lour biens et chateux passantz sur le mere, sont sovent foitz prises et robbes, par certeins gentz appellez roveres sur le mere, [p. iv-351][col. a] queux sont < commonalment > larons, utlages, futives, et ceux qe ont forjurez et banyschez hors de divers roialmes, et autres tielx semblez, et sont sustinuz par lour robberiez et raveyns des biens et merchandises de cest roialme, et autres, a graunt destruction et anientisment des plusours des ditz lieges. 42. The commons of this present parliament pray to our most sovereign lord: whereas many of our sovereign lord the king's lieges crossing the sea with their goods and chattels are often seized and robbed at sea by certain people called rovers, [p. iv-351][col. a] who are common thieves, outlaws, fugitives, and those who have been excluded and banished from various realms, and others of this kind, and are supported by their robberies and thefts of the goods and merchandise of this realm and others, to the great destruction and ruin of many of the said lieges.
Que please a nostre soveraigne seignur le roi, et a toutz lez seignurs espirituelx et temporelx, d'ordeigner par auctorite de cest present parlement, qe tielx malfesours soient ajuggez felones. Et qe les justices de pees, des countees ou tielx malfesours soient amesnes, eient pouer d'enquerer de eux, de lour resceitours et abbettours, par gentz de mesme le countee, et ceux felonies de oier et terminer. May it please our sovereign lord the king and all the lords spiritual and temporal to ordain by authority of this present parliament that such malefactors should be adjudged felons. And that the justices of the peace of the counties where such malefactors are brought should have the power to inquire of them concerning their receivers and abbettors, by people of the same county, and to hear and determine those felonies.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi s'advisera. (fn. iv-335-215-1) The king will consider this further. (fn. iv-335-215-1)
XII. [Safe-conducts.] XII. [Safe-conducts.]
43. Item, priount toutz les communes de cest present parleament: qe come en l'estatut fait a Leycestre, l'an secund le roi Henry vostre pier, qe Dieu assoile, est contenuz, qe lez rumpariez dez treux et safe conductez du roi, et voluntariez recettez, abettement, procurement, concelle lowere, sustenaunce, maintenaunce dez rumpours dez treux et safe conductez du roi, par sez lieges affairez de lors enavaunt, dedeinz le roialme d'Engleterre, d'Ireland, et le pais du Galois, et sur le haute meer, soient adjuggez et terminez pur haut tresoun, fait encountre le corone et dignite du roi; (fn. iv-335-217-1) nient obstant qe lez gentz as partiez d'Escoce, ne en autrez partiez de par dela meer, comprisez deinz ascunz treux, sont a large, et n'ount null tiel payn; a cause du quele estatute, lez subjectez du roi sount grevez, encountre lez treux; issint q'ilx n'osent soi purvoir de remedie par voie de fait, par taunt qe lez enemis du roi, sibien en lez ditz partiez de par dela meer, come en lez dit roialme d'Escoce, ent ount graund corage de grever lez foialx lieges du roi, en tuantz ascunz d'eux, et ascunz enprignauntz prisoners, et auxi emprignauntz lour biens et chateux, encountre le tenure dez treux, sibien sur le haute meer, come en lez merchiez d'Escoce suisditz. Et ore est ensy, qe lez suisditz merchiez d'Escoce sount enpoverez, destruez et degastez: et le pluis graund partie del navie de vostre roialme d'Engleterre pris, amesnez et anientez, a graund empoveressement et perill de vostre dit roialme, s'il ne soit le pluis hastie remedie purveu en celle partie. 43. Item, all the commons of this present parliament pray: whereas in the statute made at Leicester in the second year of King Henry your father, whom God absolve, it is specified that the breaking of the king's truces and safe-conducts, and voluntary receiving, abetment, procurement, concealment, sustenance, and maintenance of breakers of the king's truces and safe-conducts to be made by his lieges henceforward within the realm of England, of Ireland, and the land of the Welsh, and on the high sea should be adjudged and judged for high treason committed against the crown and and dignity of the king; (fn. iv-335-217-1) notwithstanding that the people in regions of Scotland or in other regions overseas specified in any truces are at liberty and have not incurred any such penalty; because of which statute the king's subjects are grieved, contrary to the truces; with the result that they do not dare to provide a remedy themselves by way of action, because the king's enemies both in the said regions overseas and in the said realm of Scotland are disposed towards harming the king's faithful lieges in this, killing some of them and taking some prisoners, and also taking their goods and chattels contrary to the tenor of the truces, both on the high sea and in the aforesaid marches of Scotland. And now it is thus that the aforesaid marches of Scotland are impoverished, destroyed and laid waste: and the greater part of navy of your realm of England seized, taken away and destroyed, to the great impoverishment and danger of your said realm unless a more speedy remedy is provided in this regard.
Que please a vostre treshaut et trespuisant seignurie, de considerer lez premissez, et coment devaunt le dit estatut fait, en temps de toutz voz [...] tresnoblez progenitours, lez conservatours dez treux, et gardeinz dez ditz merchiez, avoient poiar par auctorite de lour officez, de punir toutz lez trespassours et offendours encountre le tenure dez ditz treux, en semblable fourme qe lez conservatours et gardeins en lez partiez d'Escoce, et en autrez partiez de par dela meer, ount et avoient tout temps devaunt cez heurez en lour partiez; qe par l'advise de toutz vos seignurs espirituelx et temporelx, par auctorite du cest present parlement, le dit estatut soit repelle, adnulle, et tout outrement voide: et ceo pur Dieu, et en oevere de charitee. May it please your most high and most mighty lordship to consider the foregoing and how before the said statute was made, in the times of your most noble progenitors, the keepers of truces and the wardens of the said marches had power by the authority of their offices to punish all the trespassers and offenders against the tenor of the said truces in a similar way that the keepers and wardens of the regions of Scotland, and in other regions overseas, have and have had in their regions at all times in the past; that by the advice of all your lords spiritual and temporal, by the authority of this present parliament, the said statute be repealed, anulled and made completely void: and this for God and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Soit la declaratioun fait par le roi Henry, pier a nostre seignur le roi qu'orest, l'an de son reigne quart, sur l'estatut compris deinz la petition, tenuz et gardez et mys en due executioun. Let the declaration made by King Henry, the father of our present lord the king, in the fourth year [recte, second year] of his reign, on the statute mentioned in this petition be upheld and observed and duly executed.
XIII. [Vessels on river Severn.] XIII. [Vessels on river Severn.]
44. Item, priount lez communes: qe come les lieges nostre soveraigne seignur le roi, demurrantz bien pres la river de Severne, la quel river, et la cours d'icelle, soi extende en diverses partiez en lez counties de Gloucestr' et Worcester, et ency en les parties de Gales, et parmy les marchiez d'icell, en diverses lieux privelegies, ou le brief le roi ne court my, ount ewe et use de carier, sibien en batelx, come en et sur certeins flotus, autrement appellez draggus, toutz maneres des biens et marchaundises, [col. b] et autres choses, sibien meresme come autre bois et feueile, a lour voluntee, parmye tout la dit river, sibien en Gales et autres lieux previlegiez, come dehors as toutz maneres des burghs, sibien Brystuyt, Glouc' et Worcester, come as autres villes et lieux, al dit river adjoinauntz, saunz interruption de nully, tanqe ore tard, qe diverse gentz maifeisours, sibien de Gales, come d'autres villes et lieux previlegies adjonauntz, ensemble ove autres de lour covine, pur graund malice et orgoile, q'ils ount de ceo q'ils ne serront pursuiez par la commune ley, pur ascun chose ou offence fait en Gales et les autres ditz lieux previlegies, ount venuz sovent foitz, as diversez des ditz liegies et governours de tielx flotus et draggus, quaunt ils ount estiez ove lour ditz flotus et draggus, et autres lour biens et merchaundises, deinz les partiez de Gales et autres lieux previlegies, et eux ount pris et bateux, et outre ceo eux ount faitz de trencher en peses lour ditz flotus et draggus, a l'entent pur compeller les ditz lieges par tielx duresses, de lower des ditz maifesours batelx, et autres vessels appellez trowes, pur la cariage de tielx merchaundises, et eux doner pur icelles, graundes sommez de monoie a lour volunte, pur lour singuler profite, encountre la pees, la corone et la dignite nostre soveraigne seignur le roi, et as graundes damages et emporischement de sez ditz lieges. 44. Item, the comons pray: whereas the lieges of our sovereign lord the king living very close to the river Severn and its course, - which extends to various regions in the counties of Gloucester and Worcester, and thence to the regions of Wales and throughout its marches, in several privileged places where the king's writs are not at all issued - have had the right to and have been accustomed to carry both on boats and in and on certain floats, otherwise called drags, all kinds of goods and merchandise, [col. b] and other things, whether timber or other wood and fuel at their will all along the said river, both in Wales and other privileged places and outside to all kinds of boroughs, whether Bristol, Gloucester and Worcester, or to other towns and places adjoining the said river without the intervention of anyone, until recently when several malefactors, both from Wales and from other bordering towns and privileged places, together with others of their faction, on account of the great arrogance and strength which they have because they will not be pursued by the common law for anything or offence committed in Wales and the other said privileged places, have come many times to several of the said lieges and masters of such floats and drags when they have been in the regions of Wales and other privileged places with their said floats and drags and their other goods and merchandise, and they have seized them and their boats, and moreover they have made them break their said floats and drags into pieces, with the intention of compelling the said lieges by such duress to hire the said malefactors's boats and other vessels called trowes for the carriage of such merchandise, and to give them large sums of money for this at their will, for their own profit, against the peace, the crown and the dignity of our sovereign lord the king, to the great damage and impoverishment of his said lieges.
Please a nostre dit soveraigne seignur le roi, de considerer lez premissez, et sur ceo, par assent de les seignurs espirituelx et temporelx, en cest present parlement assemblez, de ordeigner et establier par auctorite de mesme le parlement, qe les ditz lieges, eient et enjoyent lour frank passage en le dit river, as toutz partiez et costus al dit river adjounantz, ove lour flotus et draggus, ensemblement ov lour biens et merchaundisez, saunz empechement ou distourbaunce de nully; et qe les justices de la peas pur la temps esteantz, en les countees adjounantz as lieux, ou tielx trespas, riotz et offensez soient faitz, eient poiar desore < d'oier > et terminer tielx trespas et offensez, sibien al suyte du roi come de partie, come mesmes les trespassez et offensez ussent este faitz deinz mesmes les countees, et defaire et agarder vers tielx maifeisours en tielx suytz, processe de capias et exigent, come en briefs de trespas, devaunt justice al commune ley, issint qe si tielx maifeisours en tielx suytez, desore veignent en respouns devaunt tielx justices de la pees, et soient ent convictz, q'ils paient a chescun foitz .xl.li., dount le roi eiet lez deux partiez, et celuy qe sewe le tierce partie. May it please our said sovereign lord the king to consider the foregoing, and thereupon, by the assent of the lords spiritual and temporal assembled in this present parliament, to ordain and establish by the authority of the same parliament that the said lieges should have and enjoy their free passage on the said river with their floats and drags, together with their goods ad merchandise, to all regions and banks adjoining the said river, without the impeachment or hindrance of anyone; and that the justices of the peace at the time, in the counties bordering the places where such trespasses, disturbances and offences have been committed, should henceforth have the power to hear and determine such trespasses and offences, whether at the suit of the king or of the party, as if the same trespasses and offences had been committed within the same counties, and to issue and award a process of capias and exigent against such malefacors in such suits, as in writs of trespass, before a justice of the common law, so that if such malefactors in such suits henceforth come to answer before such justices of the peace, and they are convicted on this, then they will pay £40 on each occasion, of which the king should have two parts and he who sues the third part.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi s'advisera. (fn. iv-335-226-1) The king will consider this further. (fn. iv-335-226-1)
XIIII. [Soldiers in Kent and Sussex.] XIIII. [Soldiers in Kent and Sussex.]
45. Priount les communes: qe come les poverez communes, enhabitantz deinz la counte de Kent et Sussex, et aillours parmy le roialme d'Engleterre, ount ewez et sustenuz tresgraundes chargies, et divers oppressions de lour corps, servauntz, biens, vitailes, prises encountre lour volunte, saunz rien ou petit paier, par les soudeours nostre soveraigne seignur le roi, alantz, demurrantz et passantz parmy les ditz countees, devers le roialme de Fraunce; sibien en temps de le tresnoble roi, pier a nostre soveraigne seignur le roi, qe Dieu assoile, come en temps de nostre dit soveraigne seignur q'orest, a graund destructioun et anientesment de lez ditz poverez communes, si remedie ne soit purveu. 45. The commons pray: whereas the poor commons living in the counties of Kent and Sussex, and elsewhere throughout the realm of England, have had and sustained very great charges and various oppressions of their bodies, servants, goods, victuals taken against their will, without being paid anything or only a small amount by the soldiers of our sovereign lord the king going, staying in and passing through the said counties towards the realm of France, both in the time of the most noble king, father of our sovereign lord the king, whom God absolve, and in the time of our present said sovereign lord, to the great destruction and ruin of the said poor commons unless a remedy is provided.
Qe please a nostre seignur le roi, par advys de soun tressage counsaill ordeigner, qe toutz les capitayns et soudeours, q'en apres aleront, demureront et passeront parmy les ditz countees, ne prendront des ditz communes biens ne vitailes, encountre lour volunte, saunz pris et paier pur icell, come entre eux purront accorder, ou par discrecioun de les conestables des hundredes, oue ils serront logges et herbergez. Et si ascun soudeour face a contrarie, qe celuy qe se sente greve, pleyne a soun capitayne; et qe mesme le capitayne, de tielx soudeours si tost compleynt soit a luy fait, face redresse et paiement as compleynauntz, des gages des ditz [p. iv-352][col. a] soudeours. Et en outre, qe le tresorer de guerre ove un autre persone soit assigne, eiant suffisaunt poier par commission, en defaute des ditz capitayns, d'oier les compleyntes ency grevez, sibien par capitayns come par soudeours, et lour faire gree et paiement de lour gages, devaunt q'ils passeront les ditz countees. Et qe proclamation soit fait parmye les ditz countees, ou tielx capitayns et soudeours serront logges et herbergez, de cest ordinaunce. Considerantz les graundes chargiez, qe les ditz poverez communes ount sustenuz ore tard', en paiement de lour quinzismes, et unqore sustenent de jour en en autre, de la purveaunce pur nostre dit soveraigne seignur le roi, de frument, aveyns, et autres graundes purveaunces. Pur Dieu, et en oevere de charite. May it please our lord the king, by the advice of his most wise council, to ordain that all the captains and soldiers who hereafter will go, dwell and pass through the said counties will not take the said commons' goods or victuals against their will and without paying the price for them as they will agree between them or by the discretion of the constables of the hundreds where they will be camped and encamped. And if any soldier acts to the contrary then he who feels himself aggrieved should complain to his captain; and then the same captain of such soldiers, immediately a complaint has been made to him, will make redress and payment to the complainants from the wages of the said [p. iv-352][col. a] soldiers. And moreover, that the treasurer of war with another person be assigned, having sufficient power by commission to hear, if the said captains fail to do this, the complainants thus aggrieved whether by the captains or by the soldiers and to make settlement and payment from their wages before they leave the said counties. And that proclamation be made of this ordinance throughout the said counties where such captains and soldiers will be camped and encamped. Considering the great charges that the said poor commons have recently borne in paying their fifteenths and still bear from day to day for the purveyance for our said sovereign lord the king of wheat, oats and other large purveyances. For God and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi s'advisera. The king will consider this further.
[Election expenses.] [Election expenses.]
46. Item, priount les communes: qe toutz les citees, burghs, villes et hamelettes, et les resceantz deinz iceux, forspris seignures espirituelx et temporelx veignauntz a parlement, et gentz de seint esglise, et ceux cittees et burghs, qe trovent citezeins ou burgeis a parlement, soient desore enavaunt contributoriez a toutz jours, as expenses des chivalers eslus ou esliers a les parlementz. 46. Item, the commons pray: that all the cities, boroughs, towns and hamlets, and the residents in them, except the lords spiritual and temporal who come to parliament and the people of holy church and those cities and boroughs which send citizens and burgesses to parliament, should henceforth always be contributors to the expenses of the knights elected or to be elected to the parliaments.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi s'advisera. The king will consider this further.
XV. [Subsidy on lambswool.] XV. [Subsidy on lambswool.]
47. A tressages communes d'icest present parlement bisechen humbely the pore merchantz of diverse partis of Englond: that for as moch that of tyme þat no mynde is, wolle icalled lambeswolle, shorlyng and scaldyng, hav ben acustomed for to passe undir poundage, paied to the customers of the kyng oure soverayn lord, whan the poundage hath be graunted, withoute ony oþer subside, or grete custome þeron; and so diverse customers, accomptantz in thescheqer of oure seid soverein lord, for swich said wolle, shorlyng and scaldyng, hav passed hire accomptes, answeryng for poundage of hem, at alle tymes when poundage hath ronne, and so of here said accomptes discharged and quited, unto nowe late, that diverse customers of diverse partys of Englond, standen surcharged, and in weie to be surcharged in hire accomptes, in the said escheqer, aftur the grete custome of wolles, and subside þerof, natwithstandyng the poundage of hem afore tymes to the customers paied, and by the bokes of the same customers in thescheqer to oure said soverein lord answered. For which surcharge upon the said customers so cast, tho same customers ben like to recovere ageins the merchantz, by writtes of constat, or other proces oute of the said escheker, the sommes so surcharged; to the uttermast distructioun and anientisment of the said merchantz, and in grete hurtyng of the pore communalte of this land, bote thei have youre gracious socour in this partie. 47. To the most wise commons of this present parliament the poor merchants of several parts of England humbly beseech: that whereas since time immemorial wool called lambswool, shorling and scalding have been accustomed to pass under poundage paid to the customs officers of our sovereign lord the king when the poundage has been granted without any other subsidy, or great custom paid thereupon; and so several customs officers accounting in the exchequer of our said sovereign lord for such said wool, shorling and scalding have submitted their accounts, answering for their poundage at all times when poundage has been imposed, and have been discharged and acquitted on their said accounts, until recently, when various customs officers in several parts of England stand surcharged, and are likely to be surcharged on their accounts in the said exchequer according to the great custom of wool and the subsidy thereof, notwithstanding the poundage paid for them in the past to the customs officers, and accounted by the books of the same customs officers in the exchequer to our said sovereign lord. For which surcharge thus imposed on the said customs officers, the same customs officers have sought to recover the sums thus surcharged from the merchants by writs of constat or by other process issued from the said exchequer; to the uttermost destruction and ruin of the said merchants and the great harm of the poor commons of this land, unless they have your gracious remedy in this regard.
Plese itt to youre noble discretions to considere the premisses, and that these saide lambeswolle, shorlyng and scaldyng, hav passed afore this tyme in fourme of poundage abovesied; and that a nail of lambeswolle, is at the value of .ix. d. or .x. d., and a shorlyng feel or scaldyng, at ob' or .i. d. the best, so that the grete custome and subside þerof, gretly excedith the value of tho merchandises, yef itt were chargeable aftur the fourme of wolle, or of wollefelle: to pray oure soverein lord the kyng, to declare and ordeine by auctorite of this present parlement, that no swich merchandise be conteynid undur the custome and subside of wolles, or wolfelle, in no maner wise, nor charged þerwith, nor no charge nor impositioun to be putte on them, oþer than is, or shall be putte on mercery ware. And more over to graunte and ordeine by the said auctorite, that alle customers, also wel these that hav accomptid in oure said soverain lords escheqer, [col. b] as these that ben accomptable in tyme to comme therynne, be quyte and discharged ayeins oure said soverein lord the kyng and his heirs, of ony swhich custome or subside, for ony manere of lambeswolle, shorlyng or scaldyng, afore this tyme shippid, surcharged, or to be charged, upon ony customere in the said escheqer; and to discharge and acquyte the said customers, of alle that perteigneth to oure said soverein lord by that cause, at the reverence of God, and in the oevere of charite. May it please your noble discretions to consider the foregoing, and that this said lambswool, shorling and scalding have passed in the past under the abovesaid form of poundage; and that a nail of lambswool is worth 9 d . or 10 d ., and a shorling fell or scalding, at half or 1 d . at most, so that the great custom and subsidy thereof greatly exceeds the value of the merchandise if it is charged in same way as wool or woolfells: to pray our sovereign lord the king to declare and ordain by the authority of this present parliament that no such merchandise be included in the custom and subsidy on wool or woolfells in any way, nor be charged with this, nor any charge or imposition be put on them other than is or shall be put on mercery-ware. And moreover to grant and ordain by the said authority that all customs officers, both those who have accounted in our said sovereign lord's exchequer, [col. b] and those who may be accountable there in future, be quit and discharged against our said sovereign lord the king and his heirs for any such custom or subsidy, for any kind of lambswool, shorling or scalding shipped in the past, surcharged, or to be charged by any customs officer in the said exchequer; and to discharge and acquit the said customs officers of all that pertains to our said sovereign lord for that reason, for the reverence of God, and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi s'advisera. The king will consider this further.
XVI. [Labourers.] XVI. [Labourers.]
48. Item, priount les communes: qe come en la darrein parlement ordeigne estoit, un bone et notable estatut et ordinaunce des servauntz, artificers, overours et laborers; comebien chescun de eux < prendroit > par l'an, demi an, jour, ou sepmain, et d'autres choses comprisez deinz mesmes l'estatut et ordinaunce, les quelles ore sount expirez, a cause q'ils ne furent ordeinez a durer, forsqe au prochein parlement delors a tenir. (fn. iv-335-245-1) 48. Item, the commons pray: whereas in the last parliament a good and notable statute and ordinance was ordained for servants, artisans, workers and labourers; how much each of them should take per year, half year, day or week, together with other things included in the same statute and ordinance which have recently expired because they were only ordained to last until the next parliament to be held. (fn. iv-335-245-1)
Please au roi nostre tresoverent seignur considerer, qe les ditz estatutz et ordinaunce, furent alors faitz pur le bien et profit de vostre roialme, et q'ils serroient moelt profitables a mesme vostre roialme, s'ils purroient endurer et estre observez pur toutz jours; et surceo de ordeignere par auctorite de cest present parlement, qe mesmes l'estatut et ordinaunce, soient estatut et ordinaunce perpetuelx, et q'ils soient tenuz et gardez et mys en due executioun, solonc la fourme et effect d'icelles, pur toutz jours en temps avenir. Pur Dieu, et en oevere de charite. May it please the king our most sovereign lord to consider that the said statute and ordinance were then made for the good and advantage of your realm, and that they will be very advantageous for your same realm if they are able to last and be observed forevermore; and thereupon to ordain by the authority of this present parliament that the same statute and ordinance should be a permanent statute and ordinance, and will be upheld and observed and duly executed according to the form and effect of them forevermore in future. For God and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Soit l'estatut dont la petitioun fait mencioun, estatut vaillable, et tenuz et gardez et mys en due executioun, tanqe le roi ad autrement declare sa volunte en plein parlement. (fn. iv-335-248-1) Let the statute of which this petition makes mention be a valid statute and upheld and observed and duly executed until the king has declared his will otherwise in full parliament. (fn. iv-335-248-1)
[memb. 5]
XVII. [Forcible entries.] XVII. [Forcible entries.]
49. Au roi nostre tressoverain seignur, priount especialment les communes de cest present parlement: qe come par le roi Richard nadgairs roi d'Engleterre puis le conquest secounde, a soun parlement tenuz a Westm' lendemain des almes l'an de soun reigne .xv. me , entre autres choses ordeinez estoit et establiez, qe les statutz et ordinaunces faitz et nient repellez, de ceux qi fount entrez ove fort main en terrez, tenementz, ou autres possessions qeconqes, et lour teignent eins ove force: et auxi de ceux qi fount insurrectiouns, riotz, routz, chevachez ou assemblez, en distourbaunce de la pees, ou de la commune ley, ou en affray del poeple, serroient tenuz et pleinement executz. (fn. iv-335-250-1) Et outre ceo, ordeine est par mesme l'estatut, qe toutz les foitz, qe tielx forciblez entrez soient faitz, et pleint ent veigne as justices de pees, ou ascun de eux; qe mesmes les justices ou justice, preignent ou preigne pouer del counte, et voisent ou voise al lieu ou tiel force soit fait, et s'ils trovent ou trove ascuns teignantz tiel lieu forciblement, apres tiel entree fait, soient prisez et misez en proschein gaole, a y demurrer convicte de recorde de mesmes les justices ou justice, tanqe ils eient faitz fyn et raunceoun au roi. Et qe toutz gentz de countee, sibien viscountes come autres, soient attendantz as ditz justices, de eux enforcer, pur arester tielx malefesours; sur peyn d'enprisonement, et defaire fyn et raunceoun au roi. Et qe en mesme le manere soit fait, de ceux qi fount forciblez entreez en benefices, ou offices de seint esglise, come en mesme l'estatut est contenuz pluis a plein. Et par taunt qe le dit estatut ne extend mye as entres en tenementz en peisible manere, et apres tenuz ove force, ne si les persones q'entront ove force en terrez ou tenementz, soient remoevez et voidez, devaunt la venue des ditz justices ou justice, come devaunt; ne null peine ordine, si le viscount ne obeye mye lez maundementz et preceptz des ditz justices, pur executer l'ordinaunce [p. iv-353][col. a] suisdite: pur quoy plusours torcionousez et forciblez entrez sount faitz de jour en autre en terrez et tenementz, par ceux qe droit n'ount. Et auxi diversez douns, feffementz et discontinuauncez, ascun foitz faitz as seignurs, autres persones puissantz, et extortioners, deinz les countees ou ils sount conversantz, pur maintenaunce avoir, et ascuns foitz as tielx persones ensy oustez disconuz, a tiel entent pur delaier et defrauder tielx droiturelx possessours, de lour droit et recoverer a toutz jours, a finall disheretesoun de plusours de vos foialx lieges, et semblable est d'encreser de jour en autre, si due remedie ne soit purveu celle partie. 49. To the king our most sovereign lord, the commons of this present parliament pray especially: whereas it was ordained and established by King Richard the second since the conquest, late king of England, at his parliament held at Westminster on the morrow of All Souls in the fifteenth year of his reign [1391], among other things, that the statutes and ordinances made and not repealed concerning those who make forcible entry into lands, tenements, or other possessions whatsoever, and seize them with force: and also concerning those who make insurrections, riots, uprisings, raids or assemblies in disturbance of the peace, or of the common law, or in affray of the people, should be upheld and fully executed. (fn. iv-335-250-1) And moreover, it is ordained by the same statute that every time such forcible entries are made and complaint made on this to the justices of the peace, or to any of them; that the same justices or justice shall assume power for the county, and inspect the place where such force has been made, and if they find any holding the place by force after such an entry has been made, they should be taken and put in a nearby gaol, to remain there convicted on the record of the same justices or justice until they have made fine and ransom to the king. And that all the people of the county, both sheriffs and others, should assist the said justices with their enforcement in order to arrest such malefactors on pain of imprisonment, and of making fine and ransom to the king. And that it will be done in the same way for those who make forcible entries in benefices or offices of holy church, as is more fully specified in the same statute. And because the said statute does not at all extend to tenements entered in a peaceful way and held by force afterwards, nor to whether the persons who have entered into lands or tenements with force will be removed and kept away before the coming of the said justices or justice, as above; nor is a penalty ordained if the sheriff does not obey the mandates and precepts of the said justices to enforce the aforesaid ordinance: [p. iv-353][col. a] because many illegal and forcible entries are made into lands and tenements from day to day by those who do not have the right, and also various gifts, feoffments and discontinuances are sometimes made to lords, other powerful persons and extortioners in the counties where they are dwelling, in order to have maintenance, and they are sometimes unknown to such persons thus removed, with the purpose of delaying and defrauding such rightful possessors of their right and recovery forever, to the final disinheritance of many of your faithful lieges, and it is likely to grow from day to day unless a proper remedy is provided in this regard.
Please a vostre roial mageste, considerer les premisses, et ordinere qe le dit estatut, et toutz autres estatutz de tielx entrez ou alienatioun devaunt faitz, soient tenuz et duement executz, ajoustant a ycelle, qe si desore enavaunt, ascun face tiele forcible entre en terrez, tenementz, ou autres possessions, ou eux teigne forciblement, apres compleint ent fait deinz mesme le counte l'ou tiel entre soit fait, as justices de pees, ou un de eux, par la partie greve; qe les justices ou justice ensy garni, deinz temps covenable facent ou face duement executer le dit estatut, et ceo as costages del partie ency greve. Et outre ceo, coment qe tielx persones faisantz tiel entre, soient presentez ou voidez devaunt le venue des ditz justices ou justice, nient meins mesmes les justices ou justice, en ascun bon ville, pluis proscheins as tenementz ency entrez, ou en ascun lieu covenable, solonc lour discretioun, eient et chescun de eux eit, auctorite et pouer, d'enquerer par gentz de mesme le counte, auxibien de ceux qi fount tielx forciblez entrez en terrez et tenementz, come de ceux qe eux teignent ove force. Et si trove soit devaunt ascun de eux, qe ascun face la contrarie de cest estatut; adonqes les ditz justices ou justice, facent ou face reseiser les terrez et tenementz ency entrez ou tenuz, come devaunt, et metter la partie ency ouste, en plene possession de mesmes les terres et tenementz, come devaunt entrez ou tenuz. Et si ascune persone apres tiele entre en terrez ou tenementz tenuz ove force, face feffement ou autre discontinuance, a ascun seignur, ou autre persone, pur maintenaunce avoir, ou pur toller et defrauder le possessour de sa recoverer en ascune manere, si apres en assise, ou autre action ent d'estre pris ou pursuez, devaunt justices de l'assises, ou autres justices le roi qeconqes, par due enquerer ent apprendre, purra duement estre prove, mesmes les feffementz et discontinuances estre faitz, pur maintenaunce come desuis est dit; q'adonqes tielx feffementz, ou autre discontinuance ency come devaunt faitz, soient voidez, irritez, et tenuz pur nulle. Et auxi quant les ditz justices ou justice, ferront tielx enquerrez come devaunt, facent ou face lour garrantz et preceptz, directz al viscount de mesme le counte, luy commaundant de par le roi, defaire venir devaunt eux, et chescun de eux, persones sufficiantz et endifferentz, pluis proscheins demurrantz entour lez tenementz ency entrez come devaunt, d'enquerer de tielx entrez; dount chescun qe serra enpanelle d'enquerer celle partie, eiet terre ou tenement d'annuel value de quarant souldz par an au meyns, outre les reprisez. Et qe le viscounte retourne issuez sur chescun de eux, au jour del primer precept retournable .xx. s., et a secounde jour .xl. s., et al tierce foitz .c. s.; et a chescun jour apres la double. Et si ascun viscount ou bailly deinz fraunchise, eiant retourn de briefs du roi, soit lachesse, et ne face duement executioun dez ditz preceptz a luy directz, pur tielx enquerrez faire, q'ils forface devers le roi .xx. livers pur chescun defaute, et outre ceo face fyn et raunceoun au roi. Et qe auxibien les justices ou justice avauntditz, come les justices d'assises a lour venir en pais pur assise prendre, eient et chescun de eux eiet pouer, d'oier et terminer tielx defautz et necligencez des ditz viscountz et baillifs, et chescun de eux, auxibien [col. b] par bille al suyte del partie greve pur luy mesne, come pur le roi asuier, come par enditment aprendre pur le roi soulement. Et si le viscount ou bailly soit duement atteint celle partie par enditement ou par bille; qe celuy qe sue pur luy, et pur le roi, eiet un moite del forfaiture de .xx. livers, ensemblement ov sez costagez et expensez. Et qe mesme la proces soit fait vers tielx enditez ou suez par bille celle partie, sicome serroit vers enditez ou suez par brief de trespas fait ove force et armes encountre le pees du roi. Et outre ceo, si ascun persone soit ouste ou disseise de ascuns terrez ou tenementz ove forcible manere, ou ouste peisiblement, et apres tenuz dehors ove fort main, ou apres tiele entre, ascun feffement ou discontinuance en ascun manere ent soit fait, pur defrauder et toller le droit del possessour; qe la partie greve celle partie eiet assise de novel disseisine, ou brief de trespas vers tiel disseisour. Et si la partie greve recovere par assise, ou par action de trespas, et trove soit par verdit, ou en autre manere par due fourme en ley, qe la partie defendant, entra ove force en terrez et tenementz, ou eux ove force apres son entree tiendra, qe le pleyntif recovera sez damagez a treble vers le defendant, et outre ceo q'il face fyn et raunceon au roi. Et qe meirs, justices, ou justice del pees, viscountes et baillifs des citees, villes et burghs eiantz fraunchise, eient en les ditz citees, villes et burghs, autiel poiar de tielx entrez ouster, et en autres articles desuisditz emergentz deinz icelles, come ount les justices de pees et viscountes en countees et pais suisditz: purveu toutz foitz, qe ils qeux gardent par force lour possessions, en ascuns terrez et tenementz, dount ils, lour auncestres, ou ceux qeux astate ils ount en tielx terrez et tenementz, ount continuz lour possessions en icelles par trois anz ou pluis, ne soient mye endamagez par force d'icelle estatut. May it please your royal majesty to consider the foregoing and to ordain that the said statute, and all the other statutes made previously concerning such entries or alienantion be upheld and duly executed, adding to this that if anyone henceforth makes such forcible entry into lands, tenements, or other possessions, or holds them forcibly, after complaint is made on this in the same county where such an entry is made by the aggrieved party to the justices of the peace, or one of them; then the justices or justice thus informed will duly cause the said statute to be executed within a suitable time, and this at the expense of the party thus aggrieved. And moreover, although such persons making such entry should be presented or removed before the coming of the said justices or justice, the same justices or justice in any important town close to the tenements thus entered, or in any suitable place, according to their discretion, should nevertheless have, and each of them should have, authority and power to inquire by people of the same county both of those who make such forcible entries into lands and tenements and of those who hold them with force. And if it be found before any of them that anyone has acted contrary to this statute, then the said justices or justice will cause the lands and tenements thus entered or held to be reseized, as above, and put the party thus removed in full possession of the same lands and tenements entered or held, as above. And if any person after such entry into lands or tenements taken with force makes feoffment or other discontinuance to any lord or other person in order to have maintenance, or in order to hinder and defraud the possessor of his recovery in any way, whether afterwards by assize or other action to be taken or sued on this before the justices of the assizes, or other king's justices whomsoever, it can be proved by due inquiry to be held on this, that the same feoffments and discontinuance were made for maintenance as is said above, that then such feoffments or other discontinuance thus made, as above, should be annulled, invalidated and considered null and void. And also when the said justices or justice will make such inquiries, as above, they should issue their warrants and precepts addressed to the sheriff of the same county, commanding him on behalf of the king to cause to come before them, and each of them, sufficient and impartial persons dwelling closest to the tenements thus entered, as above, to inquire concerning such entries; each of whom who will be empanelled to inquire on this matter shall have land or tenement of an annual value of 40 s . a year at least, in addition to the outgoings. And that the sheriff will return the issues on each of them on the day the first precept is returnable 20 s ., and 40 s . on the second day, and 100 s . on the third occasion; and two-fold on each subsequent day. And if any sheriff or bailiff within a franchise having return of the king's writs is lax and does not make due execution of the said precepts addresssed to him for such inquiries to be made, then he will forfeit £20 to the king for each default and additionally make fine and ransom to the king. And that both the aforesaid justices or justice and the justices of assizes charged to come into the area to hold an assize shall have, and each of them shall have, power to hear and determine such defaults and negligences of the said sheriffs and bailiffs, and each of them, both [col. b] by bill at the suit of the aggrieved party to sue for himself and the king, by indictment to be made on behalf of the king alone. And if the sheriff or bailiff duly attaints this party by indictment or by bill, then he who sues for himself and on behalf of the king shall have one half of the forfeiture of £20 togther with his costs and expenses. And that the same process be made against those indicted or sued by bill in this regard, as against those indicted or sued by writ of trespass made with force and arms against the king's peace. And moreover, if any person be removed or disseised of any lands or tenements in a forcible way, or removed peacefully and afterwards keep out forcibly, or after such entry any feoffment or discontinuance be made on this in any way in order to defraud and seize the right of the possessor; then the aggrieved party in this matter shall have an assize of novel disseisin or writ of trespass against such a disseisor. And if the aggrieved party recovers by assize, or by action of trespass, and it is found by verdict or in another way by due course of the law that the defendant entered the lands and tenements with force, or held them by force after his entry, then the plaintiff shall recover his damages threefold against the defendant, and moreover that he make fine and ransom to the king. And that mayors, justices or justice of the peace, sheriffs and bailiffs of cities, towns and boroughs having franchises shall have similar power to remove such entries in the said cities, towns and boroughs, and in other aforesaid articles arising from them as the justices of the peace and sheriffs have in the aforesaid counties and countryside: provided always that those who protect their possessions by force on any lands or tenements where they, their ancestors, or those whose title they have on such lands and tenements, have continued their possession of them for three years or more, shall not be harmed at all by the force of this statute.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi le voet; purveu toutz foitz, qe ceux qi gardent par force lour possessions, en ascuns terrez et tenementz, dount ils, ou lour auncestres, ou ceux < qeux > estat ils ount en tielx terrez et tenementz, ount continuz lour possessions en icelles par trois aunz ou pluis, ne soient mye endamagez par force d'icell estatut. (fn. iv-335-254-1) The king wills it, provided always that those who protect their possessions by force on any lands and tenements where they, or their ancestors, or those whose title they have on such lands and tenements, have continued their possession for three years or more, shall not be harmed at all by the force of this statute. (fn. iv-335-254-1)
XVIII. [False indictments.] XVIII. [False indictments.]
50. Item, priount les communes au roi nostre tressoveraigne seignur, de graciousement considerer: coment diverses persones, pur lour singuler vengeaunce, et nient de droit, maliciousment par sotill ymaginatioun ount faitz et procurez, de faucement enditer et appeller diverses de sez foialx lieges, de diverses tresons, felonies et trespases, devaunt justices de pees, et autres commissioners et justices, et autres eiantz poier de prendre enditementz ou appellez, en diverses foreins countees, libertees et fraunchises d'Engleterre, en qeux lez ditz lieges ne sount, ne uncqes fuissent conversantz, ne demurrantz; par force des qeux enditementz et processe sur eux faitz, en les ditz countees, fraunchises et libertees, les ditz persones ency enditez ount este, et de jour en autre sount mys en exigent, et puis utlaes, et surceo lour biens et chateux, terrez et tenementz forfaitz, et eux en graunde perile de lour vies, la ou les ditz persones ency enditez, ou mys en exigent, ou utlaes, ne avoient uncqes conusance de tielx enditementz, exigentz, ne utlariez; les qeux fauxine et malice, de jour en autre haboundent et encresent, en diverses countees, libertes et fraunchises d'Engleterre, en graunde anientisment, perde, et perpetuell destructioun, de plusours de sez ditz foialx et innocentz lieges, et verisemblable est d'encreser en apres, si remedie covenable ne soit ordeine et purveu en cest present parlement: et surceo, de sa grace especiale, par auctorite de cest present parlement, pur ease, salvation et trancquillite de sez foialx lieges de cest roialme, defair, establier et ordeigner, qe sur chescun enditment ou appelle, par le quelle ascun des [p. iv-354][col. a] ditz lieges demurrantz en autres countees, qe la ou tiel enditment ou appelle soit ou serra pris, de treson, felonie et trespas, apprendres en apres devaunt justices de pees, ou devaunt ascun autre eiantz poer de tielx enditementz ou appelles prendre, ou autres commissioners ou justices, en ascun countee, fraunchise ou libertee d'Engleterre, devaunt ascun exigent agarde sur ascun enditment ou appelle, en la fourme avauntdit apprendre; qe maintenaunt apres le primer brief capias, sur chescun tiel enditment agarde et retourne, qe un autre brief de capias soit agarde, direct al viscount de counte, dount celluy qi est ency endite est, ou fuist suppose d'estre conversant par mesme l'enditment, retournable devaunt les justices ou commissioners, devaunt qeux il est endite ou appelle, a un certein jour contenaunt la space de trois moys de la date du dit brief, ou les countees se teignent de moys en moys, et ou les countees sount tenuz par sys sepmains en sys sepmains, eit le space de quatre moys, tanqe al jour de retourne de mesme le brief; par quell brief de secunde capias, soit contenuz et commaunde a mesme le viscounte, de prendre celluy qe est ency endite par son corps, s'il poet estre trove deinz sa baille. Et s'il ne poet my estre trove deinz sa baille, qe le dit viscounte face proclamation en plene countee, qe celluy q'est ency endite, appierge devaunt les ditz justices ou commissioners, en le counte, libertee ou fraunchise ou il est endite, a jour continue ent le dit brief de capias, a respoundre a nostre seignur le roi, et al partie, de la felonie, treson ou trespas, dount il est ency endite ou appelle; apres quell brief de capias ency servy et retourne, si celluy q'est ency endite ou appelle, ne veigne a jour de le dit brief de capias retourne, soit exigent agarde envers tielx enditez ou appellez, et chescun de eux. Et si ascun exigent soit agarde enapres sur ascun tiel enditment ou appelle, countre la fourme avauntdit, ou ascun utlarie surceo pronuncie, soit sibien cell exigent ency agarde, come le utlarie sur ceo pronuncie, et chescun de eux, tenuz pur null et voide. Et qe le partie sur qi tiel exigent encountre le fourme avauntdit soit agarde, ou utlarie pronuncie, ne soit endamage, ne mys a perde de sez biens ou chateux, terrez ou tenementz, ne de sa vie. 50. Item, the commons pray the king our most sovereign lord graciously to consider: how various persons, for their own vengeance, and not based on justice, have maliciously caused and procured by subtle scheming to indict and appeal falsely several of his faithful lieges of diverse treasons, felonies and trespasses before the justices of the peace and other commissioners and justices, and others having power to receive indictments or appeals in various foreign counties, liberties and franchises in England in which the said lieges are not or will not at all be living or dwelling; by force of which indictments and process made on them in the said counties, franchises and liberties, the said persons thus indicted have been and from day to day are put in exigent and then outlawed, and thereafter their goods and chattels, lands and tenements are forfeited and they are put in great peril of their lives, when the said persons thus indicted, or put in exigent, or outlawed, do not have any knowledge of such indictments, exigents or outlawries; which deceit and malice abounds and increases from day to day in several counties, liberties and franchises in England to the great ruin, loss and perpetual destruction of many of his faithful and innocent lieges, and it is very likely to increase hereafter unless a suitable remedy is ordained and provided in this present parliament: and thereupon, from his special grace, by the authority of this present parliament, for the ease, salvation and tranquility of his faithful lieges of this realm, to act, establish and ordain that in each indictment or appeal, by which any of [p. iv-354][col. a] the said lieges dwelling in other counties where such an indictment or appeal is or will be held for treason, felony and trespass to be held hereafter before justices of the peace, or before any other having power to hold such indictments or appeals, or other commissioners or justices in any county, franchise or liberty in England before any exigent is awarded on any indictment or appeal to be held in the aforesaid form; then immediately after the first writ of capias is awarded and returned on each such indictment that another writ of capias be awarded addressed to the sheriff of the county where he who is thus indicted is or was assumed to be living by the same indictment, returnable before the justices or commissioners before whom he is indicted or appealed, by a certain day specifying the period of three months from the date of the said writ where the county courts are held every month, and where the county courts are held every six weeks let the period be four months until the day of the return of the same writ; by which writ of second capias let it be specified and commanded to the same sheriff to seize him who is thus indicted by his body if he cannot be found in his bailiwick. And if he cannot be found in his bailiwick, then let the said sheriff make proclamation in full court that he who is thus indicted appear before the said justices or commissioners in the county, liberty or franchise where he is indicted on the day specified in the said writ of capias, to answer to our lord the king and to the party for the felony, treason or trespass with which he is thus indicted or appealed; after which writ of capias is thus served and returned, if he who is thus indicted or appealed does not appear on the day stated in the said writ of capias, let an exigent be awarded against those indicted or appealed, and each of them. And if any exigent be awarded afterwards on any such person indicted or appealed contrary to the aforesaid form, or any outlawry pronounced thereupon, let both this exigent thus awarded and the outlawry pronounced thereupon, and each of them, be considered null and void. And that the party on whom such an exigent contrary to the aforesaid form is awarded, or outlawry pronounced, should not be harmed nor suffer loss of his goods and chattels, land or tenements, nor of his life.
Et outre ceo, qe please a nostre dit tressoveraigne seignur le roi, de grauntier par auctorite suisdit, qe chescun endite ou appelle en la fourme avauntdit de cy enavaunt, apres ceo q'il fuist par verdit duement acquite, q'il eiet brief et action sur son cas, envers chescun procurour de tielx enditementz ou appelles. Et soit a tiel processe, sur et en mesme le brief, come en brief de trespas fait ove force et armes. Et si tiel procurour soit atteint cell partie, qe le pleyntif recovere ses damages a treble; purveu toutz foitz, qe cest ordenaunce ne soy extende mye as enditmentz ou appellez, prisez ou apprendre deinz le countee de Cestre: purveu auxi, qe si ascun des ditz lieges, ou ascun de lour heirs, soit ou serra appelle ou endite de felonie ou treson, et a temps de mesme le felonie ou treson suppose, est ou fuist conversant deinz le countee dount l'enditment ou appelle fait mentioun, qe autielle proces soit fait vers tiel endite ou appelle, come ad este use devaunt ses heures. And moreover, may it please our said most sovereign lord the king to grant by the aforesaid authority that each person henceforth indicted or accused in the aforesaid form, after he has been duly acquitted by verdict, should have writ and action on his case against each procurer of such indictments or appeals. And let such process, on and in the same writ, be as in a writ of trespass made with force and arms. And if such a procurer be convicted of this matter, then let the plaintiff recover his damages threefold; provided always that this ordinance does not at all extend to indictments or appeals held or to be held in Cheshire: provided also that if any of the said lieges, or any of their heirs, is or will be appealed or indicted of felony or treason and at the time of the same alleged felony or treason is or was living in the county which the indictment or appeal specifies, that another process be made against such a person indicted or appealed as has been customary in the past.
[editorial note: Responsio.] [editorial note: Answer.]
Soit fait come il est desire; l'estatut fait en le darrein parlement des processes affairs en tielx cas devaunt le roi en son bank, esteant en sa force. Et qant al space del secunde capias; soit l'espace de trois sepmains de la date du brief, ou les countees se teignent de moys en moys. Et ou les countees sount tenuz de sys sepmains en sys sepmains, soit l'espace de quatre moys. Et qant al proclamation affaire; soit il fait en deux countees, devaunt le retourne d'icell. Et durera cest estatut, tanq'il plerra au roi autrement declarer sa volunte en ceo cas en parlement. (fn. iv-335-260-1) Let it be done as it is desired; the statute made in the last parliament concerning the processes to be made in such cases before King's Bench having its force. And as regards the period of time for the second capias; let it be the period of three weeks from the date of the writ where the county courts are held every month. And where the county courts are held every six weeks, let the period be four months. And as regards the proclamation to be made; let it be done in two counties before its return. And this statute will be valid until it pleases the king to declare his will otherwise on this matter in parliament. (fn. iv-335-260-1)
XIX. [Apprentices.] XIX. [Apprentices.]
51. As tressages et treshonorables communes de celt present parlement, monstrent les mair, audermans [col. b] et communes de la citee de Loundres: qe come entre autres fraunchises, libertees et customes, as eux par le roi nostre dit soveraigne seignur q'orest, et sez noblez progenitours grauntez et confermez; contenuz soit, qe les manere et fourme des apprentices prendres deinz le dit citee, auncienment usez et contenuz, soient gardez et observez; et usee soit par les customes de mesme la cite, de tout temps dount memorie ne court continuz et approuvez en icelle, qe chescun persone qe ne feust de villaine estate ou conditioun, mais de fraunk estate ou conditioun, povoit mettre luy mesmes, son fitz ou file, en apprentice a qeconqe fraunk homme de mesme la cite, pur apprendre son artifice ou mestier. Et qe semblablement, chescun fraunk homme du dit cite, povoit prendre chescun tiel persone, fitz ou file, en apprentice, saunz empechement: tanqe jatarde les ditz suppliantz sount et ount estez ent grevousement vexes et inquietez, par colour d'un article d'estatuit fait a Westm', l'an du reigne le roi Henry quart puis le conquest septisme, rehersant par generalx paroles; qe null homme ne femme, mette lour fitz ou file en apprentice, deinz ascun cite ne ville du roialme, si noun q'il eit terre ou rent al value de .xx. s. par an, et ceo par tesmoigne desouth le sealles de justice de peas: ne qe null resceive apprentis au contrarie, sur grevous peyn limites en le dit estatut. (fn. iv-335-262-1) 51. To the most wise and most honourable commons of this present parliament, the mayor, aldermen [col. b] and commons of the city of London explain: whereas among other franchises, liberties and customs granted and confirmed to them by the king our said present sovereign lord and his noble progenitors; it is mentioned that the manner and terms of the apprentices to be taken on in the said city used and specified in the past should be upheld and observed; and it has been customary by the customs of the same city, from time immemorial, to maintain and accept that every person who is not of villain status or condition, but of free estate or condition, should be able to put themselves, their sons or daughters, as an apprentice to any free man of the same city to learn his craft or mystery. And similarly that every free man of the said city should be able to take every such person, son or daughter as an apprentice without being prevented: until recently when the said supplicants are and have been grievously troubled and disturbed regarding this by virtue of an article of the statute made at Westminster in the seventh year of the reign of King Henry the fourth since the conquest [1406], which repeats in general words that no man or woman will place their son or daughter as an apprentice in any city or town of the realm unless they have land or rent to the value of 20 s . a year, and this by evidence under the seals of the justice of the peace: nor that anyone will receive apprentices to the contrary, upon a grievous penalty determined by the said statute. (fn. iv-335-262-1)
Que please a voz tressages et trespurveux discretions, considerer le graund arerisment, qe parmy le dit article purroit turner a les inhabitantz du dit cite, s'ils serroient par icelle restreintz de lour ditz libertez et customes. Et coment en le commencement du mesme l'estatut est contenuz, qe la dit cite de Loundres, eit et enjoya toutz ses libertes, fraunchises et customes, quel est contrarie au dit article. Et sur ceo, prier au nostre dit soverain seignur, et les seignurs espirituelx et temporelx en cest parlement assemblez, d'ordeignere et declarer par auctorite de mesme de mesme le parlement; qe les ditz aunciens manere et fourme des apprentices mettre et prendre, usez et continuez en le dit cite, come devaunt est dit, soient desore enavaunt gardez et observez pur toutz jours, l'avauntdit estatut l'an septisme fait au contrarie non obstant: sicome par auctorite de plusours autres parlementz, en semblables cases touchant les libertez et customes du dit cite, ad este ordeine et declare par cy devaunt. Purveu tout foitz, qe solonc le fourme et effect d'estatut de laborers, nadgairs fait a Cauntbrigge, l'an .xij. e du roi Richard le secunde, null qi use de laborer a chare ou charue, ou autre labour ou service de husbondrie qeconqe, ne soit mys ne resceux en apprentice a null art ne mistier, deinz mesme la cite, sur peyns contenuz en le dit estatut. (fn. iv-335-263-1) May it please your most wise and most prescient discretions to consider the great harm that will befall the inhabitants of the said city because of the said article if they suffer restriction in their liberties and customs, and how at the beginning of the same statute it is specified that the said city of London shall have and enjoy all its liberties, franchises and customs, which is contrary to the said article. And thereupon, to pray our said sovereign lord and the lords spiritual and temporal assembled in this present parliament to ordain and declare by the authority of the same parliament that the said long-standing manner and terms of apprentices fixed and adopted, used and continued in the said city, as is said above, should henceforth be upheld and observed forever, notwithstanding the aforesaid statute made to the contrary in the seventh year: as has been ordained and declared in the past by the authority of many other parliaments in similar cases touching the liberties and customs of the said city. Provided always that, according to the form and effect of the statute of labourers recently made at Cambridge in the twelfth year of King Richard the second, no-one who labours at the cart or plough, or any other labour or service of husbandry whatsoever, be placed nor received as an apprentice in any craft or mystery in the same city upon the penalties specified in the said statute. (fn. iv-335-263-1)
[editorial note: Responsio.] [editorial note: Answer.]
Le roi le voet, qe les dites aunciens manere, fourme < et custume > des apprentices mettre et prendre, usez et continuez en la cite de Loundres, soit desore gardez et observez, tanq'il plerra a nostre seignur le roi, sanz estre pur ceo enpeschez, ou encorrer le peine contenuz en le dit estatut. (fn. iv-335-266-1) The king wills it that the said long-standing manner, terms and custom of apprentices fixed and adopted, used and continued in the city of London should henceforth be upheld and observed until it pleases our lord the king, without being prevented regardig this or incurring the penalty specified in the said statute. (fn. iv-335-266-1)
[memb. 4]
XX. [Corrections to writs.] XX. [Corrections to writs.]
52. Item, prioont les communes: qe please a nostre soveraigne seignur le roy, d'ordeigner et establier par auctorite de cest present parlement, qe pur errour assigne ou assigner en ascun recorde, processe, garraunt d'attourne, briefs original ou judicial, panell, ou retourne, en ascuns lieux d'icelx rasez ou entrelinez, ou en ascun addition ou diminution des paroles, lettres, titles, ou parcell des lettres, troves en ascun tiel recorde, processe, garraunt d'attourne, brief, panell, ou retourne, qeux entrelines, rasures, addition, subtraction, ou diminution, al discretion des juges le roy des courtes et placez, en qeux lez ditz recordez ou processe, par brief d'errour ou autrement sount certifiez, appiergent suspectz, ne soit ascun juggement ne recorde reverse ne adnulle; et qe les juges le roi des courtes et placez, en qeux ascun recorde, processe, parole, plee, garraunt d'attourne, [p. iv-355][col. a] brief, panell, ou retourne, pur le temps soit, eient poiar d'examiner tielx recordez, processe, parols, pleez, garauntz d'attourne, brief, panell et retourne, par eux et lour clerkes, et de refourmer et amender, en affermaunce dez juggementz de tielx recordez et processe, tout ceo qe a ux en lour discretion semble estre mesprision de clerk, en tielx recordez, processe, parole, plee, garraunt d'attourne, brief, panell et retourne; forprise appelles, enditementz de treson et dez feloniez, et l'utlagaries d'icelles, et la substaunce de propres nouns, surnouns et additions, entrelessez en briefs originalx, briefs d'exigent, solonqe l'estatut autre foitz fait, l'an secunde le roi Henry, pier nostre seignur le roi q'orest, et en autres briefs contenauntz proclamation, issint qe par tiel mesprision de clerk, ne soit ascun juggement reverse ne adnulle; et si ascun recorde, processe, brief, garraunt d'attourne, retourne, ou panell, soit certifie defective, autrement qe accordant a la scripture; qe ent demort en les tresorie, courtes, ou lieux, dount ils sount certifiez; eient les parties en affermance des juggementz de tielx recordez et processe, avauntage d'allegger, qe mesme le scripture est variant al dit certificat, et ceo trove et certifie, soit mesme la variance par lez ditz juges refourme et amende, accordant au dit primer scripture. Et outre ceo d'ordeigner, qe si ascun recorde ou parcelle d'icelle, brief, retourne, panell, processe, ou garraunt d'attourne, en les courts le roi, de chauncelerie, eschequier, l'un bank et l'autre, ou en sa tresorie, soit voluntierment emble, emporte, retreiet ou avoide, par ascun clerk ou autre persone, a cause de quele ascun juggement soit reverse; qe tiel emblour, emportour, retreiour et avoidour, lour procuratours, conseillours et abbettours, ent enditez, et par processe sur ceo fait ent duement convictz, par lour propre confessioun, ou par enquest aprendre des loialx hommes, dount la moite soit des hommes d'ascun court de mesmes les courtes, et l'autre moite d'autres, soient adjuggez pur felouns, et encourgent la peyne de felonie: et qe les juges de les ditz courtes, de l'un bank ou l'autre, eient poaer d'oier et terminer tielx defautz devaunt eux, et d'ent fair punicioun come devaunt est dit. Purveu toutz foitz, qe si ascun tiel recorde, processe, brief, garraunt d'attourne, panell, ou retourne, ou parcell d'icell, soit a present, ou en apres serra exemplifie en la chauncelerie le roi, soubz son graunt seal, et tiel exemplificatioun illeoqes de recorde enrolle, saunz ascun rasure en un mesme lieu, en mesme l'exemplificatioun et l'enrollement d'icell; qe alors pur null errour assigne ou assigner en les ditz recordes, processez, briefs, garraunt d'attourne, panell, ou retourne, en ascun lettre, parole, clause ou matier d'icell, variaunt ou contrariaunt a dit exemplificatioun et l'enrollement, ne soit nulle juggement dez ditz recordez et processez reverse ne adnulle. 52. Item, the commons pray: may it please our sovereign lord the king to ordain and establish by the authority of this present parliament that in the case of an error pointed out or to be pointed out in any record, process, warrant of attorney, original or judicial writs, panel, or return, in any places within the same erased or interlined, or in any addition or removal of the words, letters, titles, or part of letters found in any such record, process, warrant of attorney, writ, panel, or return, which interlineations, erasures, addition, subtraction, or removal appear suspect, at the discretion of the king's judges of the courts and places in which the said records or process are certified by writ of error or otherwise, that no judgment or record should be reversed or annulled, and that the king's judges of the courts and places in which any record, process, word, plea, warrant of attorney, [p. iv-355][col. a] writ, panel or return is at the time, should have the power to examine by themselves and their clerks such records, processes, words, pleas, warrants of attorney, writ, panel and return, and to change and amend them in confirmation of the judgments of such records and process, all those which at their discretion seem to be clerical errors, in such records, process, word, plea, warrant of attorney, writ, panel and return; except for appeals, indictments for treason and for felonies, and the outlawries of them, and the substance of proper names, surnames and additions omitted in original writs, writs of exigent according to the statute made previously in the second year of of King Henry, the father of our present lord the king, and in other writs containing proclamation, so that by such clerical error any judgment should not be reversed or annulled; and if any record, process, writ, warrant of attorney, return, or panel is certified defective, other than in agreement with the document which remains in the treasury, courts, or places where they are certified; let the parties have, in affirmation of the judgments of such records and process, the advantage to claim that the same document is at variance with the said certificate, and if this is proved and certified let the same discrepancy be altered and amended by the said judges according to the said original document. And moreover to ordain that if any record or part of it, writ, return, panel, process, or warrant of attorney in the king's courts, the chancery, exchequer, King's Bench and Common Bench, or in his treasury, is deliberately taken, carried off, withdrawn or removed by any clerk or other person as a result of which any such judgment is reversed; then let such a thief, taker, withholder and remover, their procurators, counsellors and abettors - having been indicted of this and duly convicted of this by process made thereupon by their own confession or by inquest to be held by faithful men, of whom half should be men from any one court of the same courts and the other half from others, - be adjudged as felons and incur the penalty for felony: and that the judges of the said courts of King's Bench or of Common Bench should have the power to hear and determine such faults before them and to hand out punishment on this as is said above. Provided always that if any such record, process, writ, warrant of attorney, panel, or return, or part of it, is at present, or will be hereafter exemplified in the king's chancery under his great seal, and such exemplification is enrolled on record there without any erasure in the same place in the same exemplification and its enrolment; that then because of any error indicated or to be indicated in the said records, processes, writs, warrant of attorney, panel, or return, in any letter, word, clause or substance of them at variance or contrary to the said exemplification and the enrolment, no judgment of the said records and processes should be reversed or annulled.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi le voet. (fn. iv-335-271-1) The king wills it. (fn. iv-335-271-1)
XXI. [Protections for service overseas.] XXI. [Protections for service overseas.]
53. Item, come en l'estatut fait l'an .ix. e du roi Henry, pier nostre seignur le roi q'orest, contenu soit: qe par la ou la prise des assises generalment avoit longement cesse par tout la roialme, par cause d'une ordinaunce fait par le dit nadgairs roi a sa secunde passage vers les parties de Normandye, et par son conseill; mesme le nadgairs roi, considerant les diseases et damages, qeux plusours de sez lieges avoient euz et sustenuz parmye cell cesser, comanda, qe les justices teignerent les assises parmy son roialme, par manere accustume. Et pur eviter disinheritances des persones, qe lors furent passez et passerent en sa viage adonqes affair, et auxi de les persones qi furent demurrantz en le service du roi, es parties de Normandie et de Fraunce, ordene estoit et purveu, q'en chescune protection, ove le clause volumus adonqes affaire, pur qeconqe de mesmes les persones, soit en le clause d'exception contenuz en icell omission de cestes [col. b] paroles, assisis nove disseisine; et qe toutz ceux protections serroient allouables et allowez pur eux, et chescun d'eux, en toutz les courtes du roi, < et aillours > ou tiel protection soit mys avaunt, pur ascune tiel persone, en toutz pleez d'assises, sibien de novell disseisine, come de fressh force, saunz ascune difficultee. Purveu toutz foitz, qe les juggementz adonqes arendres delors en avaunt en tielx assises arrainiez ou arrainiers, ne serroient mye prejudicielx a ascunz des ditz persones, issint demurrantz en le service du roi de par dela, come devaunt est dit, q'ont ascune chose en reversion ou en remaindre, en terres ou tenementz, dont tielx assises furent ou serroient arrainiez, s'ils qe avoient en reversion ou en remaindre, en tielx terrez ou tenementz, ne serroient nommez en mesmes les assises, mes q'eles serroient envers eux toutz voidez: et dureroit celle ordinaunce, tanqe au parlement qe serroiet premerment tenuz puis la proschein revenu du roi en Engleterre. Et si celle ordinance, touchaunt les ditz persones issint demurrantz en le service du roi de par dela, et auxi touchaunt les ditz persones q'avoient passez ou passeroient en le dit viage, ne serroit mye sufficiant pur l'ease et suertee de eux; accordez fuist auxi et assentez, qe les seignurs de conseill du roi pur le temps esteantz, deuxent avoir plein poar par auctorite de parlement, de metter, ordiner et purvoir, sufficiante remedie pur le ease et suertee de trestoutz mesmes les persones, come pur eux, et chescun de eux, sembleroit as ditz seignurs le pluis vaillable et expedient en le cas, solonc lour bones advys et discretions. Et puis de l'advys et assent des seignurs espirituelx et temporelx, et auxi des communes esteantz en le parlement tenuz a Leycestr', l'an du reigne le roi q'orest quart, ordine fuist, qe la dite ordinance estoiroit come leye effectuell et availlable en toutz pointz, pur toutz persones qi furent alors, et serroient en apres demurrantz en le service du roi, en la companie de son beal uncle le regent de Fraunce, duc de Bedford, ou de sez deputees, es parties de Fraunce et Normandie, a durrer del primer jour de Juyn, le dit an quart, tanq'al fyne de trois ans lors proschein ensuantz: (fn. iv-335-273-1) purveu toutz voies, qe toutz les entrees affaires apres le dit primer jour de Juyn, ne serroient comprisez en le dite darein ordinance, et qe null qi ferra autielx entrees apres le dit primer jour de Juyn, ait ascun benefice de mesme l'ordinance. 53. Item, whereas in the statute made in the ninth year of King Henry, the father of our present lord the king, it is specified: whereas the prise of assizes has generally long ceased throughout the realm because of an ordinance issued by the said late king and by his council on his second crossing to the regions of Normandy [1417]; the same late king, considering the disseisins and losses which many of his lieges have had and suffered throughout this cessation, has commanded that the justices should hold the assizes throughout his realm in the customary way. And in order to avoid the disinheritances of the persons who were then crossing in his said expedition then to be undertaken and also of the persons who were remaining in the regions of Normandy and of France in the king's service, it was ordained and provided that in every protection with the clause volumus then to be issued to any of the same persons, in the clause of exception mentioned in it, these words, [col. b] assizes of novel disseisin, should be omitted; and that all those protections should be admissable, and admissable for them, and each of them, in all the king's courts, and elsewhere where such protection is henceforth advanced for any such person in all pleas of assize, both of novel disseisin and of fresh-force, without any difficulty. Provided always that the judgments then to be given in future in such assizes, arraigned or to be arraigned, should not be at all prejudicial to any of the said persons thus remaining in the king's service overseas, as is said above, who have anything in reversion or in remainder in lands or tenements, for which such assizes have been or will be arraigned, unless they who hold in reversion or in remainder in such lands or tenements are not named in the same assizes, but that they should be completely annulled against them: and this ordinance will endure until the parliament which will be held immediately after the next return of the king to England. And if this ordinance, touching the said persons thus remaining in the king's service overseas, and also touching the said persons who have crossed or who will cross on the said expedition, is insufficient for their ease and security; it was agreed and assented in addition that the lords of the king's council at the time should have full power by the authority of parliament to apply, ordain and provide sufficient remedy for the ease and security of all the same persons as for them and each of them seems to the said lords the most sufficient and expedient in the matter according to their good advice and discretions. And then with the advice and assent of the lords spiritual and temporal, and also of the commons assembled in the parliament held at Leicester, it was ordained in the fourth year of the reign of the present king that the said ordinance should be effective and applicable in law in all points for all the persons who were then, and will be in future, remaining in the king's service, in the campaign of his beloved uncle the regent of France, the duke of Bedford, or of his deputies in regions of France and Normandy, to last from the first day of June in the said fourth year [1426] until the end of three years then following [1429]: (fn. iv-335-273-1) provided always that all the entries to be made after the first day of June should not be specified in the said late ordinance, and that no-one who makes other entries after the said first day of June should have any benefit from the same ordinance.
Et pur ceo, qe nostre tressoveraigne seignur le roi, de l'assent de son tressage conseill, se purpose ove l'aide de Dieux, de passer en son roialme de Fraunce, priont les seignurs, chivalers et esquiers, qi passeront oveqe nostre dit seignur le roi en son dit viage, qe please a nostre dit tressoveraigne seignur, de l'advys des seignurs espirituelx et temporelx, et auxi des communes de ceste present parlement, pur eviter les disinheritances de toutz persones, qe sont et serront retenuz ovesqe nostre dit seignur le roi, a demurrer en son service es parties de par dela; d'ordiner et purvoier, q'en chescune protectioun, ove clause de volumus affaire, pur qeconqe de mesmes les persones, soit en la clause d'exception contenuz en icell omission de cestes paroles, assisis nove disseisin; et qe toutz ceux protections soient allouables et allowez pur eux, et chescun de eux, en toutz les courtes du roi, et aillours ou tielle protection soit mys mys avaunt, pur ascun tiele persone, en toutz plees d'assises, sibien de novell disseisine, come de fresshforce, saunz ascun difficulte. Purveu toutz voies, qe les juggementz arendrez desore enavaunt en tielx assises arrainies ou arrainiers, ne soient mye prejudicielx as ascuns des ditz persones, issint demurrantz en le service du roi depardela, come devaunt est dit, q'ant ascune chose en reversion ou en remaindre, en terres ou tenementz, dont tielx assises sont ou serront arrainiez, s'ils q'ont en reversion ou remaindre, en tielx terres ou tenementz, ne soient nommez en mesmes les assises, mes q'elles soient envers eux tout voidez; et qe cest estatut puisse endurer par an proschein ensuantz, si [p. iv-356][col. a] nostre dit seignur le roi demurrera par tant de temps es ditz parties par dela. Purveu auxi, qe toutz les entrees faitz ou affairez, apres le primer jour de cest present parlement, ne soient comprisez en ceste ordinance, et qe null qi ad fait, ou ferra autielx entrees, apres le dit primer jour de parlement, ait ascune benefice de mesme l'ordinance. And because our most sovereign lord the king, with the assent of his most wise council, intends with God's help to cross to his realm of France, the lords, knights and esquires who will cross with our said lord the king on his said expedition pray that may it please our said most sovereign lord, with the advice of the lords spiritual and temporal, and also of the commons in this present parliament, in order to avoid the disinheritances of all the persons who are and will be retained with our said lord the king to remain in his service in regions overseas; to ordain and provide that in every protection to be issued with the clause volumus for any of the same persons, in the clause of exception mentioned in it, these words, assizes of novel disseisin, should be omitted; and that all those protections should be admissable, and admissable for them, and each of them, in all the king's courts, and elsewhere where such protection is henceforth advanced for any such person in all pleas of assize, both of novel disseisin and of fresh-force, without any difficulty. Provided always that the judgments then to be given in future in such assizes, arraigned or to be arraigned, should not be at all prejudicial to any of the said persons thus remaining in the king's service overseas, as is said above, who have anything in reversion or in remainder in lands or tenements, for which such assizes have been or will be arraigned, unless they who hold in reversion or in remainder in such lands or tenements are not named in the same assizes, but that they should be completely annulled against them: and that this ordinance will endure for the next year following if [p. iv-356][col. a] our said lord the king remains in the said regions overseas for a long time. Provided also that all the entries made or to be made after the first day of this present parliament will not be specified in this ordinance, and that no-one who has made or will make other entries after the said first day of parliament should have any benefit from the same ordinance.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi le voet. (fn. iv-335-277-1) The king wills it. (fn. iv-335-277-1)
XXII. [Lawlessness.] XXII. [Lawlessness.]
54. Item, priont les communes de cest present parlement: qe come par le roi Henry jadis roi d'Engleterre, pier nostre seignur le roi q'orest, a son parlement tenuz a Leycestr' le darrein jour d'April, l'an de son reigne secunde, pur ceo qe graunde et grevouse compleint fuist fait a dit jadys roi, par les communes de son parlement avauntdit, de diverses murdres, homicidiez, robberiez, bateriez, assemblez des gentz en graunde nombre par maner d'insurrections: et de diverses autres rebellions et riottes; et apres tieux masfaites, les ditez felons et masfaisours, s'enseurent et retraherent as diverses boys et lieux covertz et disconuz, et aillours, al entent et purpos de voider l'execution de la commune leye, et q'ils ne serroient amesnez a response solonc proces de la leye. Sur qoy le dit jadys roi, considerant la suisdit compleint, par assent des seignurs espirituelx et temporelx en mesme le parlement assemblez, avoit ordinez et establiez, a la request des ditz communes, qe si ascuny en temps avenir, veigne en la chauncellarie, et face compleint duement, qe si ascun tiel felon ou malfeisour come avaunt est dit, s'en est suy et retrehet a ascun tielle lieu ou aillours, al entent suisdite, soit sur tiel compleint, un bille sufficiantment fait pur le roi. (fn. iv-335-279-1) Et eit le chaunceller d'Engleterre pur le temps esteant, apres tiel bille a luy livere, s'il poet estre enfourmez duement tiell bille contener < veritee > , poar defair solonc sa discretioun, un brief de capias a la suyte de roi, direct a viscount de counte ou countez, ou les ditz murdres, homicidiez, robberiez et bateries, et autres masfaitz, sont supposez par le dit bille estre faitz et perpetrez, retourn en le dit chauncellarie a certein jour. Et si lez ditz persones, en le dit brief contenuz, soient prisez par le dit viscount, ou soy rendent en mesme la chauncellarie, q'adonqes soient tielx persones mys en garde ou a mainprise, solonc la discretion du chaunceller; et outre soit maunde d'enquerer de tielx malefaitz, et sur ceo soit fait come la leye demaunde. Et si le viscount retourne, a jour de capias retournable, qe les persones en icell comprisez, par ascun de les causez suisditez, ne purront estre par luy prisez, ne mesmes les persones ne soy rendent en le dit chauncellarie, q'adonqes face le dit chaunceler faire brief de proclamatioun, direct a dit viscont, retournable en bank le roi a certein jour, q'il face proclamatioun en deux countees, qe les persones en le dit brief nommez, veignent a dit jour, en le suisdit bank, pur y respondre a la matier compris deinz la dit bille, sur peyn d'estre convictz de la matier compris deinz le dit bille; et en chescun tiel brief de proclamatioun, soit contenuz la substance de la matier compris deinz la dit bille: et s'ils ne veignent a jour de tiel proclamatioun retourne, soient adonqes tenuz et adjuggez pur convictz, et atteintz come desuis est dit. Et s'ils veignent a la proclamatioun, soit de eux enquis et fait en la manere come desuis est dit; purveu qe les suggestions de tielx riottez, soient tesmoignez a le chaunceller d'Engleterre, par lettres ensealez desoubz les seales dez dieux justices de pees au meins, et le viscont del counte, ou tielx riottez serront, devaunt ceo qe tiel brief de capias soit graunte; en quele brief de capias, soit bien la matier expresse, quele est compris deinz mesme le bille, come en le brief de proclamation ent affaire. Et si tiel cas veigne en le counte palatyn de Lancastr', ou aillours en fraunchise, la ou il y ad chaunceller et seal; q'adonqes le dit chaunceller d'Engleterre [col. b] face escriver ou envoir par brief de roi, a le chaunceller de tiel counte ou fraunchise, tout la suggestioun en la dit bille compris, commaundant a luy, de fair tiel executioun, come en le dit article est compris; issint toutz foitz, qe brief de roi hors de la chauncellarie d'Engleterre ne courge en tiel counte en fraunchise, autrement qe n'ad este use en temps passe. Et qe ceste ordinance estoise en sa force, tanqe al fyn del proschein parlement. 54. Item, the commons of this present parliament pray: whereas King Henry, late king of England, the father of our present lord the king, in his parliament held at Leicester on the last day of April in the second year of his reign, on account of many and grievous complaints made to the said late king by the commons of his aforesaid parliament of various murders, homicides, robberies, batteries, assemblies of large numbers of people in the manner of insurrections, and of various other rebellions and lawlessness; and after such crimes, the said felons and malefactors proceed and withdraw to various woods and hidden and unknown places and elsewhere, with the intention and purpose to avoid the execution of the common law, and are not brought to answer according to the process of the law. Whereupon the said late king, considering the aforesaid complaint, by the assent of the lords spiritual and temporal assembled in the same parliament, ordained and established, at the request of the said commons, that if in future anyone who comes in the chancery and makes due complaint, that if any such felon or malefactor, as is said above, proceeds and withdraws to any such place or elsewhere with the aforesaid intent, a sufficient bill should be issued on behalf of the king on such a complaint. (fn. iv-335-279-1) And the chancellor of England at the time, after such a bill has been delivered to him, if he can be duly informed of the true contents of such a bill, should have power to issue a writ of capias at the king's suit according to his discretion addressed to the sheriff of the county or counties where the said murders, homicides, robberies and batteries, and other crimes are supposed by the said bill to be committed and perpetrated, to be returned in the said chancery on a certain day. And if the said persons named in the said writ are captured by the said sheriff, or they surrender themselves in the same chancery, that then such persons should be placed in custody or at mainprise according to the discretion of the chancellor; and moreover he be ordered to inquire of such crimes, and for this to be done as the law demands. And if the sheriff returns on the day the capias is returnable that the persons named in it are unable to be captured by him for any of the aforesaid reasons or the same persons do not surrender themselves in the said chancery, that then the said chancellor should issue a writ of proclamation addressed to the said sheriff, returnable in King's Bench on a certain day, that he should make proclamation in two counties that the persons named in the said writ should come on the said day in the aforesaid Bench in order to answer there the matter specified in the said bill, on pain of being convicted of the matter specified in the said bill; and let the substance of the matter specified in the said bill be contained in every such writ of proclamation: and if they do not come on the day when such a proclamation is returned, then they should be taken and adjudged as convicted, and attainted as is said above. And if they come in response to the proclamation it should be inquired of them and done in the manner as is said above; provided that the allegations of such lawlessness will be certified to the chancellor of England by letters sealed under the seals of at least two justices of the peace and the sheriff of the county where such lawlessness will occur before such a writ of capias is granted; in which writ of capias the matter which is specified in the same bill should be well expressed, just as in the writ of proclamation to be issued thereupon. And if such a case occurs in the county palatine of Lancashire or elsewhere in a franchise where there is a chancellor and seal; that then the said chancellor of England [col. b] should cause to write or send by the king's writ to the chancellor of such a county or franchise of all the allegation specified in the said bill, commanding him to make such execution as is mentioned in the said article; on condition that the king's writ out of the chancery of England does not run in such a county or franchise other than has always been customary in the past. And that this ordinance should be enforced until the end of the next parliament.
Que please a vostre roial majeste, < en > tant qe diversez murdrez, homicidiez, robberiez, bateriez, assemblez dez gentz en graunde nombre par maner d'insurrections, et diversez autres rebellions et riottez, ount este faitz, en diverses parties de roialme, puis la faisance de dit estatut, nient punisez, a cause qe le dit estatut ne tenoit force, forsqe a la fyn del parlement adonqes proschein ensuant; ordeigner et establier par auctorite de cest present parlement, qe le dit jadys estatut ore soit tenuz, et ferment gardez pur estatut en tout temps avener, sibien des murdrez, homicidiez, robberiez, bateriez, assemblez des gentz en graunde nombre par maner d'insurrections, et de diversez autres rebellions et riottez faitz et perpetrez, devaunt le commencement de cest present parlement come en temps avener. Purveu toutz foitz, qe si ascun tiel cas aveigne en le dit counte palatyn de Lancastr', ou aillours en lieu enfraunchise, la ou il y ad chaunceller et seal; q'adonqes le dit chaunceller de tiel counte, ou lieu enfraunchise, pur le temps esteant, apres compleint duement a luy fait et tesmoigne, par justice ou lieutenaunt de justice, et viscont de tiel counte palatyn, ou lieu enfraunchise, pur le temps esteant, en la fourme suisdit, eiet semblable pouer de agarder capias, et briefs de proclamation avauntditz, come le dit chaunceller d'Engleterre pur le temps esteant ad. May it please your royal majesty - because various murders, homicides, robberies, batteries, assemblies of large numbers of people in the manner of insurrections, and various other rebellions and lawlessness in several regions of the realm have not been punished since the making of the said statute, because the said statute has been enforced only until the end of the next parliament then following, - to ordain and establish by the authority of this present parliament that the said previous statute should now be upheld and firmly observed as a statute forever in future both for murders, homicides, robberies, batteries, assemblies of large numbers of people in the manner of insurrections, and of various other rebellions and lawlessness committed and perpetrated before the beginning of this present parliament and in future. Provided always that if any such case occurs in the said county palatine of Lancaster, or elsewhere in an enfranchised place where there is a chancellor and seal; that then the said chancellor of such a county or enfranchised place at the time, after complaint and confirmation has been duly made to him by the justice or the lieutenant of justice and sheriff of such a county palatine or enfranchised place at the time in the aforesaid form, should have similar power to award the aforesaid capias and writs of proclamation as the said chancellor of England at the time has.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi le voet. Purveu qe tesmoigne soit par dieux justices de pees des countees ou tielx riottez serront supposez, qe commune fame et voice coert en mesmes les countees, de ycelx riottez, devaunt ceo qe le brief de capias serra agarde. (fn. iv-335-283-1) The king wills it. Provided that the confirmation shall be by two justices of the peace of the counties where such lawlessness will be alleged, and that there is general report and agreement in the same counties about such lawlessness before the writ of capias will be awarded. (fn. iv-335-283-1)
XXIII. [Errors in writs.] XXIII. [Errors in writs.]
55. Please as communes de cest present parlement, de prier nostre seignur le roi, et les seignurs espirituelx et temporelx: qe come au parlement tenuz a Westm' le secounde jour de May l'an du reigne le roi Henry pier le roi q'orest .ix. e (fn. iv-335-285-1) reherce fuist coment au parlement tenuz a Westm', l'an du reigne le roi Edward tierce .xiiij. e , (fn. iv-335-285-2) ordine fuist par auctorite de dit parlement, qe par mesprision de clerk, en qeconqe place ceo soit, ne soit processe de plee aniente ne discontinue, par mesprendre en escrivant une lettre ou une sillable, trop ou trop poye, mes si tost come le chose serra aparceue, par chalange des partiez, ou en autre maner, soit hastement amende en due fourme, saunz doner avauntage a partie qe ceo chalange, par cause de tiel mesprision, le dit nadgairs roi Henry, considerant la diversite d'oppinions qe l'ein avoit sur le dit estatut, et pur metter la chose en pluis overt conisance, declare et ordine par auctorite du dit parlement tenuz le ditz an ..ix. e , qe les justices devaunt qeux tiel plee ou recorde est, fuist, ou serra pendant, sibien par ajournement, come par voie d'errour ou autrement, eient poar et auctorite d'amender tieulx recorde et processe come devaunt est dit, solonc la fourme du mesme l'estatut; sibien apres juggementz en tiel plee, recorde ou processe renduz, come avaunt juggement renduz en tiel recorde ou processe, tant come les ditz record et processe soit devaunt eux, en mesme le maner come justices avoient poar d'amender tielx record et processe, devaunt juggement renduz, par force du dit estatut, en temps le dit roi Edward fait come desuis: la quell ordinance endureront tanqe al proschein parlement, qe serroit tenuz primerment apres la revenue du dit roi Henry le pier en Engleterre de par dela, et la quell est ore termine, par [p. iv-357][col. a] le mort le dit nadgairs roi Henry. Le roi nostre soveraigne seignur, par advys et assent suisditz, ad ordine et establie, qe le dit estatut, et l'effect d'icell, fait le dit an .ix. e , teigne force, vigour et effect, en chescun recorde et processe, sibien apres juggement renduz, come verdit passe, come sur metter en ley plede, come estatut vaillable et effectuell en ley, a toutz jours a durer; purveu toutz foitz, qe cest estatut ne se extende as recordez et processez es partiez de Gales, ne as recordez et processez par qeux < ascune > persone est, ou serra utlage al suite d'ascune. Et ore lez [memb. 3] ditz estatutz et bons ordinances nient obstantz, les justices le roi sont en aweroeste, le quell par mesprision de viscount, south viscount, coroner, et lour clerkys, en escrivant en lour retourne, une lettre ou une sillable, trop ou trop poye, serra amende en due fourme, saunz doner avauntage a partie, et estre en cas dez ditz estatutz et ordinaunces, ou noun. 55. May it please the commons of this present parliament to pray our lord the king and the lords spiritual and temporal: whereas in the parliament held at Westminster on 2 May in the ninth year of the reign of King Henry, the father of the present king, (fn. iv-335-285-1) it was repeated how at the parliament held at Westminster in the fourteenth year of the reign of King Edward the third (fn. iv-335-285-2) it was ordained by the authority of the said parliament that on account of a clerical error, wherever it occurs, no process of a plea should be annulled or discontinued because of the mistake in writing a letter or a syllable too many or too few, but as soon as the matter becomes apparent by the objection of the parties or in another way, it should be quickly corrected in due form without giving advantage to the party who objects to this because of such a clerical error; the said late King Henry, considering the diversity of opinions which here was concerning the said statute, and in order to make the matter more openly known, declared and ordained by the authority of the said parliament held in the said ninth year that the justices before whom such a plea or record is, was or will be pending, whether on account of an adjournment or by means of an error or otherwise, should have the power and authority to correct such a record and process, as is said above, according to the form of the said statute both after judgments have been pronounced on such a plea, record or process, and before judgment is pronounced on such a record or process, as long as the said record and process is before them, in the same manner as the justices have power to correct such a record and process before judgment has been pronounced, by virtue of the said statute made in the time of the said King Edward, as above: which ordinance was in force until the next parliament which was held immediately after the return of the said King Henry the father to England from overseas, which has now ended by [p. iv-357][col. a] the death of the said late King Henry. The king our sovereign lord has ordained and established by the aforesaid advice and assent that the said statute and its effect, made in the said ninth year, should hold force, strength and effect in every record and process, whether after judgment has been pronounced or the verdict passed, as on a matter pleaded in law, as a statute sufficient and effective in law, to endure forever; provided always that this statute does not extend to records and processes in the regions of Wales, nor to records and processes on behalf of any person who is or will be outlawed at the suit of anyone. And now notwithstanding the [memb. 3] said statutes and good ordinances, the king's justices are in doubt on what by the error of a sheriff, under-sheriff, coroner, and their clerks, in writing a letter or syllable too many or too few in their return, should be corrected in due form without giving advantage to the party, and whether it is covered by the said statutes and ordinances, or not.
Qe please a dit nostre seignur le roi, et a les seignurs avauntditz, d'ordeigner par auctorite de cest present parlement, qe par mesprision de viscont, south viscont, clerk de viscont, coroner, son clerk, ou autres officers et clerkes qeconqes, en escrivant en lour retourne, une lettre ou une sillable, trop ou trop poye, qe les ditz justices, avaunt qeux tiel defaute ou mesprision soit, ou serra trove, eient poar et auctorite d'amender tielx defautz et mesprisions, devaunt juggement renduz et apres, en qeconqe place qe ceo soit, et ceo de toutz maneres tielx defautz et mesprisions, sibien de temps passe come de temps avenir. Purveu toutz foitz, qe ceste ordinaunce ne se extende as recordez et proces, par qeux persone est ou serra utlage. May it please our said lord the king and the aforesaid lords to ordain by the authority of this present parliament that by an error of the sheriff, under-sheriff, sheriff's clerk, coroner, his clerk, or any other officers and clerks, in writing a letter or a syllable too many or too few in their return, that the said justices, before whom such a mistake or error is or will be found, should have the power and authority to correct such mistakes and errors before and after judgment is pronounced in any place it shall be, and thus for all kinds of mistakes and errors both in the past and in future. Provided always that this ordinance does not extend to records and processes on behalf of a person who is or will be outlawed.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi voet qe les justices du roi devaunt qeux ascun mesprision ou defaute soit, ou serra trove, soit il en ascunz recordes et processes q'ore sont, ou serront pendantz devaunt eux, sibien par voie d'errour come autrement, ou en les retournes d'icelles, faitz ou affaires par viscontz, coroners, baillifs des fraunchises, ou autres qeconqes, par mesprision des clerkes d'ascuns dez ditz courtz du roi, ou par mesprision des visconts, south viscontz, coroners, lour clerkes, ou autres officers, clerkes, ou ministres qeconqes, en escrivant une lettre ou une sillable trop ou trop poye, aient poar d'amender tieulx defautz et mesprisions solonc lour discretion, et par examination ent par les ditz justices aprendre, ou lour semblera bosoignable. Purveu, qe cest estatut ne se extende as recordez et processez es parties de Gales, ne as recordez et processes d'utlagariez des felonies et tresons, et a les dependantz d'icelles. (fn. iv-335-289-1) The king wills that the king's justices, before whom any error or mistake shall or will be found in any records and processes which are now or will be pending before them, whether by means of error or otherwise, or in their returns made or to be made by sheriffs, coroners, bailiffs of franchises, or any other person, by the error of clerks of any of the king's said courts, or by the error of sheriffs, under-sheriffs, coroners, their clerks, or any other officers, clerks, or officials, in writing a letter or a syllable too many or too few, shall have the power to correct such mistakes and errors according to their discretion and by examination to be made on it by the said justices where it will seem fitting to them. Provided that this statute does not extend to records and processes in regions of Wales or to records and processes of those outlawed of felonies and treasons and to their dependants. (fn. iv-335-289-1)
XXIIII. [Escheators.] XXIIII. [Escheators.]
56. Item, priount les communes: pur eschuer les dolours, grevaunces et disheritisons, qe de jour en autre aveignent, as plusours lieges nostre seignur le roi, par lez eschetours, de ceo q'ils preignont enquestes d'enquerrer devaunt eux, sibien par vertue dez briefs nostre seignur le roi come de lour office, favorablement et noun duement, par gentz nient empanellez ne retournez a eux par les viscountz des countees, et pluis tost pur lour propre gayne, et pur dishereteson des lieges nostre seignur le roi, qe pur profite < mesme > nostre seignur le roi. Et auxi de ceo qe les terrez et tenementz des plusours lieges nostre seignur le roi, sont seisez es mayns nostre seignur le roi, sur tielx enquestes et autres, et lessez par le chaunceller ou tresorer a ferme, devaunt ceo qe mesmes les enquestes soient retournez en le chauncellarie nostre seignur le roi; d'ordeigner par auctorite de cest present parlement qe null eschetour ne commissioner preigne ascunement ascun enquest d'enquerrer, sinoun de gentz retournez et empanelles par le viscont en le counte, deinz quell il est eschetour ou commissioner. Et si ascun eschetour ou commissioner preigne enquestes des gentz qe ne sont my empanelles ne retournes par le viscont, come desuis est dit, et ent par examination, [col. b] ou autrement, al suyte de partie, qe pur luy mesmes, ou pur le roi, ou autre persone qeconqe voille pursuer, soit convict duement; pur chescun enquest ensy pris, q'il encourge la peyne et forfaiture de .xl.li. appaiers; c'estassavoir, l'un moite al roi et l'autre moite al partie a qi suyte il serra convict. Et qe nulles terres ne tenementz, seisez es mayns nostre seignur le roi, sur enquestes prisez devaunt les eschetours ou commissioners, ne soient ascunement lessez ne grauntez a ferme, par le chaunceller ou tresorer d'Engleterre, ou autre officer nostre seignur le roi qeconqe, tanqe mesmes les enquestes et verditz soient retournes pleinement en le chauncellarie, ou en l'eschequier; mes demurgent toutz tielx terrez et tenementz entierment et continuelment es mayns nostre seignur le roi, tanqe les ditz enquestes et veriditz soient retournez, et par un moys apres mesme le retourne, si issint ne soit qe celuy ou ceux qe sente ou sentent eux grevez par mesmes les enquestes, ou oustez de lour terrez ou tenementz, veignent en le chauncellarie, et soy proferont de traverser les ditz enquestes, et soy offeront de prendre mesmes les terrez et tenementz a ferme. Et qe si issint fount, q'adonqes mesmes les terrez et tenementz, soient commys a eux, s'ils monstrent bones evidences, provantz lour travers estre verroys, solonc la fourme de l'estatut fait l'an .xxxvi. e le roi Edward tierce puis le conquest, (fn. iv-335-291-1) a tenir tanqe l'issue sur mesme le travers pris, soit trove et discusse pur le roi, ou pur le partie, trovant sufficiant seurte de suyer le dit travers ove effect, et de rendre et paier a nostre seignur le roi, le annuell value dez tenementz dount le travers ensy serra pris, s'il soit discusse pur le roi. Et si ascuns lettrez patentz des ascuns terrez ou tenementz soient faitz au contrarie a ascun autre persone, ou lessez a ferme, deinz le dit moys apres le dit moys du retourne, soient voidez et tenuz pur null. Et qe les eschetours et commissioners, sur peyne et forfaiture de .xx.li. appaier, c'est assavoir, l'un moyte al roi, et l'autre moyte al partie a qi suyte il serra convict, retournent en la chauncellarie nostre seignur le roi, ou en l'escheqer, les enquestes devaunt eux prisez, deinz un moys proschein apres la pris d'icelles. Et eiet chescun qe voet suyer pur le roi le suyte en celle partie. Purveu toutz foitz, qe cest estatut commence et preigne effect et force, en la fest de Pasqe proschein avenir, a durer perpetuelment, et nemye devaunt. 56. Item, the commons pray: in order to avoid the hardships, grievances and disinheritances which occur to many of our lord the king's lieges from day to day by the escheators, because they, although by virtue of our lord the king's writs or by their office, hold inquests of inquiry before themselves favourably and irregularly by men not empanelled nor returned to them by the sheriffs of the counties, and too quickly for their own profit and for the disinheritance of our lord the king's lieges rather than for our same lord the king's profit. And also because the lands and tenements of many of our lord the king's lieges are seized into our lord the king's hands in connection with such inquests and otherwise and leased at farm by the chancellor or treasurer before the same inquests are returned in our lord the king's chancery; to ordain by the authority of this present parliament that no escheator or commissioner shall hold any inquest of inquiry except with people returned and empanelled by the sheriff in the county in which he is escheator or commissioner. And if any escheator or commissioner holds inquests with people who are not empanelled nor returned by the sheriff, as is said above, and he is duly convicted of this by examination [col. b] or otherwise at the suit of the party who wishes to sue for themselves or on behalf of the king or any other person; for every inquest thus held he shall incur the penalty and forfeiture of £40 to be paid; that is, the one half to the king and the other half to the party at whose suit he will be convicted. And that no lands or tenements seized into our lord the king's hands in connection with inquests held before the escheators or commissioners shall be leased nor granted at farm at all by chancellor or treasurer of England, or any other officer of our lord the king, until the same inquests and verdicts are fully returned in the chancery or in the exchequer; but that all such lands and tenements shall remain entirely and continually in our lord the king's hands until the said inquests and verdicts are returned, and for one month after the same return, so that he or those who feel himself or themselves aggrieved by the same inquests, or ousted from their lands or tenements, shall come in the chancery, and offer to hold the same lands and tenements at farm themselves. And that if they do this, that then the same lands and tenements shall be committed to them if they provide sufficient evidence proving their traverse to be genuine, according to the form of the statute made in the thirty-sixth year of King Edward the third since the conquest [1362], (fn. iv-335-291-1) to be held until the issue of the same traverse shall be held, found and decided on behalf of the king or for the party, finding sufficient guarantee to sue the said traverse effectively, and to render and pay to our lord the king the annual value of the tenements for which the traverse will thus be held if it is decided on behalf of the king. And if any letters patent are issued to the contrary to any other person concerning any lands or tenements, or they are leased at farm, within the said month after the said month of the return, they shall be annulled and considered null and void. And that the escheators and commissioners, on pain and forfeiture of £20 to be paid, that is, the one half to the king and the other half to the party at whose suit he will be convicted, shall return the inquests held before them in our lord the king's chancery, or in the exchequer, within one month after the time they were held. And let every person who wishes to sue on behalf of the king have the suit in this regard. Provided always that this statute begins and takes effect and force at Easter next to last forever, and not before.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi le voet. (fn. iv-335-294-1) The king wills it. (fn. iv-335-294-1)
XXV. [William Larke.] XXV. [William Larke.]
57. Priount les communes: qe la ou un William Larke, servaunt a William Milrede, venant al vostre court de icest parlement, pur la citee de Londrez, en le service le dit William Milrede alors esteant, par sotiell ymagination et conjecture de un Margerie Janyns, fuist arrestez en le courte l'abbe de Westm' de pipoudrez, par sez officers illoeqes, et d'illoeqes remoeve en vostre commune bank, par brief de corpus cum causa, al suyte de dit Margerie, et par voz justicez de vostre dit bank commaundez a vostre prisone de Flete; et la en prison detenez a present, par force d'un juggement donez envers le dit William Larke, en vostre dit bank, par voz ditz justicez, sibien au cause qe le dit William Larke fuist condempne al suyte de dit Margerie, en vostre dit bank, en un action de trespas, au cez damagez de .ccviij.li. .vi. s. ..viij. d., devaunt le jour de summonez de icest vostre parlement, come pur fyne a vous affaire, pur ceo qe le trespas fuist trovez ove force et armes. 57. The commons pray: whereas one William Larke, servant to William Milrede, coming to your court of this parliament on behalf of the city of London, then being in the service of the said William Milrede, by the subtle scheming and plotting of one Margery Janyns, was arrested in the court of Piepowder of the abbot of Westminster by the officers there, and from there he was removed to your Common Bench by writ of corpus cum causa at the suit of the said Margery, and committed to your prison of Fleet by your justices of your said Bench; and he is detained in that prison at present on the strength of a judgment given against the said William Larke in your said Bench by your said justices, both because the said William Larke was condemned at the suit of the said Margery in your said Bench in an action of trespass, for these damages of £208 6 s . 8 d ., before the day of summons of this your parliament, and for the fine to be paid to you because the trespass was found to have been made with force and arms.
Please a vostre roial majeste de considerer coment le dit William Larke, al temps de dit areste, fuist en la service le dit William Milrede, supposant verraiment par la previlege de vostre court de parlement, d'estre quietez de toutz arestez, durant vostre dit courte, forprise pur tresoun, felonie, ou suerte de pees; d'ordeigner par auctorite de mesme vostre parlement, qe le dit William Larke purra estre deliverez hors de vostre [p. iv-358][col. a] dit prison de Flete, le dit condempnatioun, juggement et executioun, ou ascun dependantz sur icell envers et sur luy nient obstant. < Salvant > toutz foitz au dit Margerie, et a cez executours, lour executioun hors de dit juggement envers le dit William Larke, apres le fyne de dit parlement, et auxi de grauntier par auctorite suisdite, qe null de voz ditz lieges, c'est assavoir, seignurs, chivalers pur voz countees, citezeins, burgeys, au voz parlementz desore avenirs, lours servauntz et familiers, ne soient ascunement arestez, ne en prison deteynez, durant le temps de voz parlementz, s'il ne soit pur treson, felonie, ou suerte de pees, come desuis est dit. May it please your royal majesty to consider how the said William Larke was in the service of the said William Milrede at the time of the said arrest, supposing by the privilege of your said court of parliament to be truly free from all arrests during your said court, except for treason, felony, or security of the peace; to ordain by the authority of your same parliament that the said William Larke should be released from your [p. iv-358][col. a] said prison of Fleet, notwithstanding the said condemnation, judgment and execution, or anything dependant on them against and on him. Saving at all times to the said Margery, and to her executors, their execution of the said judgment against the said William Larke after the end of the said parliament, and also to grant by the aforesaid authority that none of your said lieges, that is, lords, knights on behalf of your counties, citizens, burgesses at your parliaments in future, their servants and familiars, shall not be arrested, nor detained in prison, during the time of your said parliaments, except for treason, felony, or the security of the peace, as is said above.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi, par advis des seignurs espirituelx et temporelx, et a les especiales requestes des communes esteantz en cest present parlement, et auxint del assent du counseill du Margerie Janyns nomez en cest petitioun, voet et graunte par auctorite du dit parlement, qe William Larke nomez en la dite petition, soit deliverez au present hors de la prison de Flete. Et qe la dit Margerie, apres le fyne de cest parlement, ait sa executioun del juggement, q'ele avoit envers le dit William, en le commune bank, sicome il est continuz en mesme la petition, en mesme la forme come ele deust avoir eu, si son dit juggement unqes ne feust execut. Et qe les juges del dit bank facent au dite Margerie, apres la fyn de cest parlement, execution du dit juggement, par capias ad satisfaciendum, et par exigent; et auxint facent processe pur nostre seignur le roi, pur son fyne envers le dit William, par capias et exigent, sicome eux serroient, si le dit William unqes n'ust este pris ne emprisone, par cause du juggement suisdit. Et outre le roi voet, par auctorite de mesme parlement, qe le chaunceller d'Engleterre pur le temps esteant, depuis le fyn du dit parlement, face commissions as divers persones par sa discretion assigners, de prendre le dit William, et luy deliverer au gardein de Flete, qi soit tenuz de luy receiver et garder, tanqe gree soit fait a l'avauntdite Margerie, de la somme par luy recovere par le juggement desuisdit, et au roi, de ceo qe a luy appartient celle partie. Et qe icell deliverance au dit gardein, soit de mesme l'effect pur la dite Margerie, come serroit execution pur luy fait per capias ad satisfaciendum, ascune variance par la dite petition, ou l'endorsement d'icelle, et le recorde du dit recoverer, ou ascun autre chose nient contresteant. Et qant a la remanent de la petition; le roi s'advisera. The king, by the advice of the lords spiritual and temporal, and at the special request of the commons assembled in this present parliament, and also with the assent of the counsel of the said Margery Janyns named in this petition, wills and grants by the authority of the said parliament, that William Larke named in the said petition, shall be released from the said prison of Fleet for the present. And that the said Margery, after the end of this parliament, shall have her execution of the judgment which she has against the said William in the Common Bench, as is specified in the same petition, in the same form as she ought to have had if her said judgment had then been carried out. And that the judges of the said Bench shall make execution of the said judgment by capias ad satisfaciendum and by exigent for the said Margery after the end of this parliament; and they will also commence proceedings on behalf of our lord the king for his fine against the said William by capias and exigent as they should have done if the said William had not been arrested or imprisoned because of the aforesaid judgment. And the king further wills, by the authority of the same parliament, that the chancellor of England at the time, after the end of the said parliament, shall issue commissions to several persons to be appointed at his discretion, to take the said William and deliver him to the warden of Fleet, who will be obliged to receive and keep him until agreement is reached with the aforesaid Margery about the sum of money recovered by her by the aforesaid judgment, and by the king for what belongs to him in this regard. And that this delivery to the said warden shall have the same effect for the said Margery as will execution made on her behalf by capias ad satisfaciendum, notwithstanding any difference by the said petition or its endorsement, and the record of the said recovery, or any other thing. And as regards the rest of the petition; the king will consider this further.
XXVI. [Irishmen in Cambridge.] XXVI. [Irishmen in Cambridge.]
58. Au roi nostre soveraigne seignur, et a les seignurs espirituelx et temporelx en icest present parlement assemblez, priount les communes en ycest present parlement assemblez: qe par la ou diversez graundez mischiefs, et subtielx robberiez, ore tarde sont avenuz et faitz, en la ville de Cambrigge, et aillours en les countees de Cantebr' et Essex, et en autres lieux d'Engleterre, par gentz disconuz, qeux fount diverses billes, directz as diverses gentz de mesmes les villes et countees, lour commaundaunt de metter diversez graundez sommez d'argent en certeins lieux, ou les ditz felons ceo purront legerement encarier, saunz estre pris ou aparcieux, certifiantz en les ditz billes, qe s'ils ne mettent lez diners en les lieux par les ditz billes assignez, a certein jour, qe les ditz felons mettent fue, et arderont les measons de ceux qe ne voidront tiel somme illoeqes mettre; et pur ceo, qe tielx sommez n'ount pur este mys en diverses lieux, solonc la purport de mesmes les billez, plusours measons ount este felonousement et traitreousement, a Cambrigge, et aillours en les countees suisditz, et en autres lieux, arcez et tout outrement anientz; par ount le poeple de lez ville et counteez suisditz sont graundement enpoverez, et en point d'estre finalment distructz: les qeux arsure et robberie, ount [col. b] este faitz par escolers Irrois, qe n'ount par dount purront vivere, et par ceux de Gales et d'Escoce, en l'universite de Cambrigg' suisditz demurrantz, come par diverses causez les gentz des ville et countees suisditz pleinement sont enfourmez. 58. To the king our sovereign lord and to the lords spiritual and temporal assembled in this present parliament, the commons assembled in this present parliament pray: whereas various numerous misdeeds and subtle robberies have recently occurred and taken place in the town of Cambridge and elsewhere in the counties of Cambridge and Essex, and in other places in England, by unknown people who issue various bills directed to various people of the same towns and counties, ordering them to put several large sums of money in certain places where the said felons are easily able to carry it away without being seized or perceived, certifying in the said bills that if they do not put the money in the said places designated by the said bills on a certain day then the said felons will set fire to and burn the houses of those who are unwilling to put such sums there; and because such sums have not been put in various places according to the tenor of the same bills, many houses have been feloniously and treacherously burnt and completely destroyed at Cambridge and elsewhere in the aforesaid counties, and in other places; because of which the people of the aforesaid town and counties are greatly impoverished, and on the point of being totally destroyed: which arson and robbery has [col. b] been perpetrated by Irish scholars, who do not have the means to live, and by those of Wales and of Scotland who are studying at the aforesaid University of Cambridge, as the people of the aforesaid town and counties are fully informed for various reasons.
Sur quoy vous please d'ordeigner, qe le chaunceller de l'universite de Cambrigg' suisdit, les gardeins des colleges, et principalx des hostielx et des sales, qe ore sont, ou pur le temps serront deinz mesme l'universite, ne receivent mye ascun escoler d'Irelond, Escoce, ou de Gales, desore en avaunt en lour ditz collegis, hostelx ou sales, avaunt q'ils eient trovez sufficiant suerte, devaunt le chaunceller de dit universite pur le temps esteant, de son bone et pesible port, envers nostre seignur le roi et son poeple; sur peyne de perdre a nostre seignur le roi .xx.li. d'argent, et defaire fyne et raunceon a mesme nostre seignur le roi. Et qe celuy qe voet suere pur le roi, eiet l'un moite pur son travaille et le roi l'autre moite. Et qe toutz l'escolers qe sont d'Irlond, ore en le dit universite enheritantz, n'eiantz terrez et tenementz, ou benefice de seint esglise, dont lour purrount sustiner, ensemblement ove toutz les Escottez et Gailez, soient voidez hors del dit universite, deinz un moys apres le fyn de cest present parlement, par proclamation del dit chaunceller ent affaire, saunz retourner a mesme l'universite pur y demurrer en temps avenir, ou q'ils trovent sufficiant suerte en la maner suisdit. Et si ascuns dez ditz escolers d'Irlond, qe n'ount par dount lour purrount sustiner, ou d'Escottes, ou de Gales, soient trovez deinz lez ville et counteez suisditz demurrantz apres la terme avauntdit, q'ils soient arestez et emprisonez, et en prison detenuz, tan q'ils voillent trover suerte en le manere suisdit, ou de voider saunz maiffaire. Et qe toutz tielx robberiez et arsurez, auxibien devaunt cez heures faitz, come affaires en temps avenir, soient adjuggez pur haute treson. Et qe les ditz chaunceller, gardeinz et principalx, ne receivent ne suffrent estre rescieux, ascun escoler deinz le dit universite de Cambrigge, qe est ou serra une foitz banne hors de mesme l'universite, ou hors de l'universite d'Oxenford, pur ascun cause, ne null escoler d'Escoce; sur peyn de perdre au roi diz livers d'argent, a chescun foitz qe ascun tiel soit recieu encoutre cest purveiance; et qe celuy qe voet suer, eit l'un moite de ceo qe serra issint recovere, et le roi l'autre moite. Et qe ceste ordinance se extende sibien en le universite d'Oxenford, come en l'universite de Cambrigge suisdit, pur Dieu, et en oevere de charitee. Whereupon may it please you to ordain that the chancellor of the aforesaid University of Cambridge, the wardens of the colleges, and the principals of the hostels and of the rooms, who are now or will be in the same university at the time, shall not receive any scholar from Ireland, Scotland or from Wales in their said colleges, hostels or rooms in future before they have found sufficent guarantee before the chancellor of the said university at the time for their good and peaceful behaviour towards our lord the king and his people; on pain of losing £20 to our lord the king, and of making fine and ransom to our same lord the king. And that he who wishes to sue on behalf of the king shall have the one half for his trouble and the king the other half. And that all the scholars who are from Ireland now in the said university who do not have inheritances, lands and tenements, or benefices of holy church with which they can support themselves, as well as all the Scots and Welsh, shall be removed from the said university within one month after the end of this present parliament, by proclamation to be made on this by the said chancellor, without returning to the same university in future in order to stay there, or that they find sufficient guarantee in the aforesaid manner. And if any of the said scholars from Ireland who do not have the means to support themselves, or those from Scotland or from Wales, are found remaining in the aforesaid town and counties after the aforesaid term, then they shall be arrested and imprisoned, and detained in prison until they are able to find guarantee in the aforesaid manner, or leave without trouble. And that all such robberies and arsons, whether committed in the past or to be committed in future, shall be adjudged as high treason. And that the said chancellor, wardens and principals shall not receive nor allow to be received any scholar in the said University of Cambridge who is or will be banned once from the same univeristy, or from the university of Oxford, for any reason, nor any scholar from Scotland; on pain of losing £10 to the king every time that any such person is received contrary to this provision; and that he who wishes to sue shall have the one half of that which will be recovered and the king the other half. And that this ordinance shall extend both to the University of Oxford and to the aforesaid University de Cambridge, for God and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Qant a les escolers Irrois; soient les estatutz faitz devaunt cestes heures, tenuz et gardez et mys en due executioun. Et qant a les arsurez et robberiez; il est responduz par devaunt. Et qant al remanent de la petitioun; le roi s'advisera. (fn. iv-335-306-1) As regards the Irish scholars; let the statutes made in the past be upheld and observed and duly executed. And as regards the arsons and robberies; it is answered as above. And as regards the rest of the petition; the king will consider this further. (fn. iv-335-306-1)
XXVII. [Staple at Calais.] XXVII. [Staple at Calais.]
59. Also besechyn humbly your commens of þis your present parlement: that sethen in þe tyme of your noble progenitours, for þe prosperite, profite, and welfare of your noble roiaume of Englond, and for þe sustentation of your town of Caleis, hit was ordeined be diverses estatutz and ordinauncez, that the staple shulde be entierly at þe said toun of Calais, and in noon oþer place beyond þe see, that is to witte, þat al þe wolles, wollefelles, hydes, leede and tynne, and al oþer merchandisez passyng oute of þe saide roiaume, and oute þe landes of Wales and Irlond, shuld holy passen and repaire to þe said staple, and to noon oþer place, up peyne of forfaiture of hem, excepte such merchandises as in the saide statutes and ordinauncez been expressed and forsprised, as in hem is playnly made mentioun; the whiche statutz and ordinauncez, þe secunde yere of your reigne, weren approved, affermed and ordeyned to be duly execute. Neverþeles under colour of exceptions contened in the saide statutes and ordinaunces, aswel as be colour of [p. iv-359][col. a] licences to divers persones be you, soverayne lorde, made and graunted contenuelly from tyme to tyme, there hath beene, and yitte is, ladde and conveid oute of your saide roiaume, and oute of your landes of Wales and Irlond, grete quantite of wolle, wolfell, hydes, leede and tynne, and many oþer merchaundises, into Flandres, Holland, Zeelland, Brabant, and to oþer parties, noght resortyng to your saide staple as they oughten to doo; for which causes, soverayn lorde, yee been defrauded of your customes and subsidies, þat shuld amounte to notable sommes, to your encrese, if yee þerof were duely answerd and content: forþermore, your mynte at Caleis is like to stande voide, dissolate, and be distrued, and also the commodites of merchandises of your saide roiaume, for þe causes forsaide, withynne shorte tyme to be greetly anientised, but if remedie be purveid in this partie. 59. Also your commons of this your present parliament humbly beseech: that whereas in the time of your noble progenitors for the prosperity, profit and good of your noble realm of England, and for the support of your town of Calais, it was ordained by various statutes and ordinances that the staple should be entirely at the said town of Calais, and in no other place overseas, that is, that all the wool, woolfells, hides, lead and tin, and all other merchandise being exported from the said realm and from the lands of Wales and Ireland, should all be exported and go to the said staple and to no other place, upon pain of their forfeiture, save for such merchandise mentioned and excepted in the said statutes and ordinances, as is clearly specified in them; which statutes and ordinances were approved, confirmed and ordained to be duly executed in the second year of your reign. Nevertheless under pretext of exceptions specified in the said statutes and ordinances as well as by pretext of [p. iv-359][col. a] licences issued and granted continuously from time to time to various persons by you, sovereign lord, large quantities of wool, woolfells, hides, lead and tin, and many other kinds of merchandise has been and is taken and transported from your said realm, and from your lands of Wales and Ireland into Flanders, Holland, Zeeland, Brabant and to other regions instead of going to your said staple as they ought to do; for which reasons, sovereign lord, you have been defrauded of your customs and subsidies that amount to notable sums, for your profit, if you were duly paid and satisfied thereof: furthermore, your mint at Calais is likely to stand empty, desolate and be destroyed, and also the commodites of merchandise of your said realm, for the aforesaid reasons, and be greatly ruined within a short time unless a remedy is provided in this regard.
Wharfore like yit unto your excellent grace, to considerer thees premisses, and upon þat, be þadvys of your lordes spirituell and temporell, and be auctorite of þis your present parlement, to ordeyne, þat no manere persone shippe, ne doo shippe from þis day forthward, no manere wolle, wolfell, hydes, < lede, ne tynne > , hoole ne shoten, ne theym leede ne conveie oute of no parties of your saide roiaume, nor oute of your landes of Wales ne Irlond, to noon oþer parties beyonde the see, but oonly to the saide staple at Caleis, up peyne of forfaiture of þe double value of þoos merchandises so ladde or conveied to any oþer parties, þan to þe saide staple at Caleis; and also, up peyne of enprisonement of his bodie, bi the space of twoo yeere, withouten baile or mainprise. And he þat kan aspye any persone fro this day forthward, þat offende, or doþ þe contrarie to þis ordinaunces in any wise, and presenteþ þat offence to þe tresorer of Englond for the tyme beyng, the trespasour þerof duely convicte, to have for his labour the ..iij. de partie of þe forfaiture of þoos merchandises, ladde or conveiede contrarie to þis ordinaunce, to be made in fourme abovesaide. Salvyng alway, þat the [memb. 2] marchauntz of Jenue, Venice, Tuskan, Lombardie, Florence, and Catheloigne, mowe shippe wolle, wollefelle, hydes, leed and tynne, in þair shippes, galeys, carakes, and oþer vesselles, and thaym lede into þair contrees towardes the west, in manere afore þis tyme acustumed. And also salvyng to þe burgeys of þe town of Berwyk up Tweyd, the previleges and benefices to þaim before þis tyme granted, as in diverses statutz þerof made playnly is contened, þis ordinance not withstandyng. Wherefore may it please your excellent grace to consider the foregoing and to ordain thereupon by the advice of your lords spiritual and temporal, and by the authority of this your present parliament, that no person ship, or shall ship from this day forward, any kind of wool, woolfell, hides, lead, or tin, whole or shot, nor export or transport them from any regions of your said realm, nor from your lands of Wales or Ireland, to any other regions overseas, but only to the said staple at Calais, upon pain of forfeiture of the two-fold value of that merchandise thus exported or transported to any regions other than to the said staple at Calais; and also, upon pain of imprisonment of his body for a period of two years, without bail or mainprise. And he who henceforth discovers any person who offends, or acts contrary to this ordinance in any way, and presents that offence to the treasurer of England at the time and the transgressor is duly convicted of this, shall have for his labour the third part of the forfeiture of that merchandise exported or transported contrary to this ordinance, to be made in abovesaid form. Saving always, that the [memb. 2] merchants of Genoa, Venice, Tuscany, Lombardy, Florence, and Catalonia may ship wool, woolfells, hides, lead and tin in their ships, galleys, caracks and other vessels and import them into their countries in the west, in the manner accustomed in the past. And also saving to the burgesses of the town of Berwick upon Tweed the privileges and benefits granted to them in the past, as is more fully specified in several statutes made thereupon, notwithstanding this ordinance.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi le voet, issint qe le trespassour ent soit duement convict, ou si le trespassour confesse devaunt les tresorer et barons de l'eschequier, autielx trespassez par luy faitz, q'adonqes soit il convict par sa propre confession. (fn. iv-335-312-1) The king wills it, provided that the transgressor shall be duly convicted of this, or if the transgressor confesses other transgressions committed by him before the treasurer and barons of the exchequer, that he shall be then convicted by his own confession. (fn. iv-335-312-1)
XXVII. [Staple at Calais.] XXVII. [Staple at Calais.]
60. Item, please hit þe kyng oure soveraigne lord, by the advys of all the lordys spirituel and temporel in þis present parlement, to consider thes articles folowyng, conceivyd and desiryd for the prosperite and welle of hym, and this hys roialme universell; aswell as for the good politique, governaunce and supportation of his staple at Caleys; and theym to graunte en manere and fourme as þai be contened, to endure by the space of .iij. yere next folowyng: 60. Item, may it please the king our sovereign lord, by the advice of all the lords spiritual and temporal in this present parliament, to consider these following articles, devised and required for his prosperity and well-being and that of this his universal realm, as well as for the good policy, governance and maintenance of his staple at Calais; and to grant them in the manner and form as they are given, to last for the next three years:
Fyrst, that þe ordinaunce and appointement nowe late made in the said staple at Caleys, upon the wolles, wollefell, and tynne, be justle kept and observed, in all theis .v. poyntes þat folowen; þat is to say, that þe price þerof be nouyt abated, but rather [col. b] augmented, and putte to more encrese and avauntage. First, that the ordinance and decree recently made in the said staple at Calais on wool, woolfells and tin be justly upheld and observed in all these five points that follow; that is to say, that the price thereof shall not be reduced, but rather [col. b] raised, and put to more profit and advantage.
Item, that the hool paiement be made in hand for þe said wolle, wollefelle, and tynne, in gold and silver, withouten any subtilite or collusion. Also that the whole payment for the said wool, woolfells and tin shall be made promptly in gold and silver, without any trickery or plotting.
Item, that þe bullyon be brought in to þe mynte at Caleys, þat is to say, for ech sar of wolle, of which the sak weyght is sold for .xij. marcs, .vi.li.; .x. marcs, .v.li.; .viij. marcs, .iiij.li.; and of þe wollefell after þafferant, to be forged into the kynges coigne. Also that the bullion shall be brought into the mint at Calais, that is to say, for each bale of wool, of which the sack weight is sold for 12 marks, £6; 10 marks, £5; 8 marks, £4; and for the woolfells at the same rate, to be forged into the king's coin.
Item, that every man þat selleth, or doth selle, any wolle or wollefelle, at þe said staple at Caleys, make trwe and even partitioun of þe money þerof, with hem þat have wolle or felles of þe same contrees þat his wolle or felles is of, and þat he is adjoined and associed to make partition with, withouten fraude or male engyne. Also that every man who sells, or will sell, any wool or woolfells at the said staple at Calais, shall make true and equal division of the money thereof with him who has wool or woolfells from the same countries that his wool or woolfells are from, and that he is enjoined and ordered to make division with him, without fraud or deception.
Item, that at all tymes þe marchauntz sellers, make acquietancez to þe marchauntz byers, and to be ensealed under þe seal þerfore ordeined, withynne þe forseide staple, to þentent þat no merchaunt seller, sal not leen agayn to no merchant, no manere money of hym receyved, noþer of wolle ne of felle, but þat þe same money mowe be brought in to þis roialme, withouten subtilite or fraude. Also that at all times the merchant sellers shall issue acquittances to the merchant buyers, sealed under the seal ordained for this within the aforesaid staple, with the intention that no merchant seller shall not spend again in payment any merchant any kind of money received from him, neither wool nor woolfells, but that the same money shall be brought into this realm without deception or fraud.
Item, moreover, that the bille which is passed by the communes of þis present parlement, touchyng þe repaire of wolle, wollefelle, hydes, leed and tynne, to þe said staple; hit lyke unto þe king, by þadvys of the lordys spirituell and temporell in þis present parlement, þat graciously hit may be answerd after the tenure and fourme þerof. (fn. iv-335-320-1) Also, moreover, that the bill which is assented by the commons of this present parliament touching the return of wool, woolfells, hides, lead and tin to the said staple; may it please the king, by the advice of the lords spiritual and temporal in this present parliament, that it might graciously be answered according to its tenor and form. (fn. iv-335-320-1)
[Foreign shipmen.] [Foreign shipmen.]
61. Item, for asmoche as oft tymes many shippemen straungiers, of divers countrees, of Flaundres, Hollande, Zeeland, and Brabant, in divers portes and crikes of þe roiaume, taken into þaire shippes and vesselles, wolle, wollefelle, and oþer merchaundises of þe staple, the whiche is trussed in tonnes, pipes, barelles, sakkes, fardelles, and oþer wyse, and hyde hem priveley in þair vesselles, under wodde, wheet, ootys, seecole, and in oþer manere, and so carien hem to divers parties beyonde þe see, to grete prejudice to þe kyng, in amenusing hys custumes and subsidies, and hurte to alle þe subgitz of his roiaume. 61. Item, whereas many foreign shipmen from several countries, from Flanders, Holland, Zeeland and Brabant often take their ships and vessels, wool, woolfells and other merchandise of the staple into various ports and creaks of the realm, which is trussed up in tonnes, pipes, barrels, sacks, fardles, and in other ways, and hide them secretly in their vessels under wood, wheat, oats, seacoal, and in other ways, and so carry them to various regions overseas to the great loss of the king, in losing his customs and subsidies, and the harm of all the subjects of his realm.
Be itt ordeined, þat no manere shippman straungier, nor no oþer shippman þat is bothe possessour and maister of any shippe or vessell, ne take ne receyve withynne Englonde, Wales, ne Irelonde, unto his shippe or vessell, no manere wolle, wollefelle, ne noon oþer merchandises of þe staple, ne þaim leede oute of þis roiaume unto any oþer parties beyonde þe see, bott oonly to þe staple at Caleys; salvyng swich, as by ordinaunce made, shal passe beyonde þe distroites of Marrok; and þat upon peyn of forfeyture, aswelle of sich shippes and godys so foundyn defective, as þe goodys of þe same shippemen beyng in þe same shippes or vesselles, to þe kyng our soverayne lorde. And þat þe maire of þe staple for the tyme beyng, have power and auctorite to make due serch in þat parte, and þe shippes, goode, and shippemen, if any be founde herof defectife, to be presented and delivered to the kynges counsell in Englond, be juste relation þerof to be made by þe saide maire or his deputee, he havyng to his rewarde þe .iij. de partie [p. iv-360][col. a] of þe forfaiturez be hym presented and proved, in manere forsaide. (fn. iv-335-322a-1) May it be ordained that no foreign shipman, nor any other shipman who is both the owner and master of any ship or vessel, shall take nor receive within England, Wales or Ireland, onto his ship or vessel any kind of wool, woolfells, nor any other merchandise of the staple, nor take them out of this realm to any other regions overseas except only to the staple at Calais; saving that which, as allowed by ordinance made, shall pass beyond the straits of Morocco; and this upon pain of forfeiture both of such ships and goods thus found to be in default and of the goods of the shipmen in the same ships or vessels to the king our sovereign lord. And that the mayor of the staple at the time shall have power and authority to make due search in that regard, and the ships, goods and shipmen, if any are found to be in default thereupon, to be presented and delivered to the king's council in England, by the true report to be made thereof by the said mayor or his deputy, and he shall have for his reward the third part [p. iv-360][col. a] of the forfeitures presented and proved by him in the aforesaid manner. (fn. iv-335-322a-1)
[Foreign merchants in Calais.] [Foreign merchants in Calais.]
62. Item, be hit considered, howe certeyn persones þat bene inhabitant continuelly in þe towne of Caleys, with merchauntz straungiers of her affinite and conscent, for þair singuler lucre ymagyn be subtille meenys, to bryng downe þe pris of þe commodite of þis roiaume, þe which before þis time < hath been > and yit is gretely used, in so moche þat what tyme merchauntz straungiers shuld have repaired þider to by wolle et wollefelle, thourgh hem þai have been retourned and withdrawen, so þat þe pore men have been verray wery of þair goodys, þat for grete mischief þei most nedys selle to þe saide inhabitauntz of Caleys, þe which wil noght by þerof bot moche withynne þe pris, to grete hynderyng of þe seller, and castyng downe þe pris of þe saide commodite: And moreover, þe seid inhabitauntz ben susteners and supportours of alle hem þat done contrarie to þe welfare and gode governance made in þe saide staple, for commun welle of alle þis roiaume. 62. Item, may it be considered how certain persons who have been living continuously in the town of Calais along with foreign merchants of their fellowship and compliance, for their own profit have plotted by subtle means to lower the price which has been common in the past for the commodities of this realm, insomuch that whenever foreign merchants should have gone there to buy wool or woolfells, by their agency they have been returned and withdrawn, so that the poor men have been very doubtful about their goods, because they are forced to sell to their great loss to the said inhabitants of Calais who will not buy from them except at a greatly reduced price, to the great harm of the seller, and lowering of the price of the said commodities: and moreover, the said inhabitants have been sustainers and supporters of all of those who have acted contrary to the fair and good governance made in the said staple for the common prosperity of all this realm.
Wharefore be hit ordeined, þat from þis day forth, no manere merchaunt continuelly inhabitant withynne þe saide toune of Caleys, be suffred to by on þat syde þe see, no manere wolle, wollefelle, hydes, leed, ne tynne, ne noone oþer merchaundises apperteignyng to þe staple, up peyn of forfaiture þerof, as it may be proved, for the kynges profit, and availle of alle his roiaume. (fn. iv-335-324a-1) Wherefore may it be ordained that from this day forth no merchant continuously living within the said town of Calais shall be allowed to buy any kind of wool, woolfells, hides, lead or tin, nor any other merchandise pertaining to the staple on that side the sea, upon pain of forfeiture thereof, as it may be proved, for the king's profit, and the advantage of all his realm. (fn. iv-335-324a-1)
[Exportation to Scotland.] [Exportation to Scotland.]
63. Item, for asmoche as grete noyse renneth by men of þe Newecastell and Berwyk, þat if þai brought þair wolles to þe staple at Caleys, thai shuld be undone and destroied, of which þe contrarie is sooth and welle proved, for þe maire of þe said staple, and his feleshep, wil yeve þaim for þe quantite of þare wolles and felles, like as þe kyng has been answered þerof oone yere with anoþer of custume and subsidie, as moch as þai have been solde fore in Flaundres, and in oþer places whar þai repaire, to be paied at resonable termes, in gold and silver to be brought in to þis roiaume; whereas by hem þer commyth nowe no peny, considered þat þe coustes be lesse at Caleys, þan þai been in Flaundres, as it is welle knawen by trwe and discrete men. 63. Item, whereas a great rumour has been raised by the men of Newcastle and Berwick that if they brought their wool to the staple at Calais they would be brought to ruin and destroyed, which is proved to be opposite to the truth, for the mayor of the said staple and his fellowship will give them for the amount of their wool and woolfells, as the king has been guaranteed every year the custom and subsidy, as much as they have been sold for in Flanders and in other places where they go to, to be paid at reasonable terms in gold and silver to be brought into this realm; whereas not a penny comes from them now, considering that the costs are less at Calais than they have been in Flanders, as it is well known by true and wise men.
Wherfore like it þe kyng our soveraigne lorde, þat þaire licences mowe be repelled, in hinderyng of his custumes and subsidies, and abatyng þe price of commodite of his roiaume; and if any man of evell will selle or carie any wolle, wollefelle, hydes, leed, or any other merchandises of þe staple, in defraudyng of þe kyng, or hynderyng of þe commodite of his roiaume, into Scotland, þat he forfait þe same goode with þe double value, and his body to prison þe space of a yere. Consideryng wel, þat no Scottysshman wil be so advised, in disceit of his soveraigne lorde, or in hynderyng þe commen profit of Scotland, to bryng any goodys or merchandise into þis roiaume, or any oþer; and þat if þe saide toune of Caleys were, as God defende, to þe kyng of Scottes, as it is to our soveraigne lorde, his subgitz had lever and wolden rather repaire þider, þan to any toune in Flaundres, Holand, Zeeland, Brabant, or any oþer straunge parties, for the fortification and amendement þerof. Considered also þe effusion of alle þe roial bloode, and þe greete goode þat hath ben spent upon þe conquest of þe saide toune, which every trwe Englysshman ought to have in full grete chierte and tendernesse. (fn. iv-335-327-1) Wherefore may it please the king our sovereign lord that their licences should be repealed as they hinder his customs and subsidies and reduce the price of the commodities of his realm; and if any man from evil intent sells or carries any wool, woolfells, hides, lead, or any other merchandise of the staple into Scotland, in order to defraud the king or hinder the commodities of his realm, that he shall forfeit the same goods at double their value, and that his body will be put in prison for a year. Considering also that no Scotsman will be so advised, in deception of his sovereign lord, or in harming the common profit of Scotland, to bring any goods or merchandise into this realm, or any other; and that if the said town of Calais were, which God forbid, to the king of Scotland as it is to our sovereign lord, his subjects would have willingly gone and would rather go there than to any town in Flanders, Holland, Zeeland, Brabant, or any other foreign regions, for the fortification and improvement thereof. Considering also the shedding of all the royal blood and the great expense that has been spent on the conquest of the said town, which every true Englishman ought to hold in full great charity and regard. (fn. iv-335-327-1)
[Trimming of wool.] [Trimming of wool.]
64. Item, for asmoche as þe kyng is gretely hynderyd of his custume et subsidies, by hem þat clakken [col. b] the fyn wolle of þis roiaume, for to carien it oute in to straunge cuntrees, þat is to say, forssyng and takyng away þe .iij. de part þerof, and leven hit in þe saide roiaume, whiche turneth to noon availle of þe kyng, ne of his poeple, but grete disceit and hynderyng. Be hit ordeined, þat no manere straungier, ne do forsse, clakke ne berde, no manere wolle to carien oute of þis roiaume, in peyn of forfaiture of þe same wolle, with double value, and his body to prisone. And þat no manere wolle pakker, ne make withynne þe saide roiaume but gode and due pakkyng, ne þat no man make noon inwynde withynne þe flese, att þe wyndyng of his wolle, ne þerynne to putte lokkys, pellewolle, terre stone, sond, erthe, ne gresse, ne noon oþer filthe; and what man þat doth hit, þat þan þe partie þat feleth hym greved, shal take ayenst hym an action at þe commen laye of trespas and disceit. (fn. iv-335-328-1) 64. Item, whereas the king is greatly deprived of his customs and subsidies, by those who trim [col. b] the fine wool of this realm, to export it to foreign countries, that is to say, forcing and taking away the third part of it, and leaving it in the said realm, which gives no profit to the king nor to his people, but great deceit and harm. May it be ordained that no foreigner shall reject, trim or clip off any kind of wool to be exported from this realm on pain of forfeiture of the same wool to twice its value, and of his body to prison. And that no wool packer shall do anything in the said realm except good and honest packing, nor that any man shall insert anything into the fleece at the winding of his wool, nor put locks of the fleece, pell wool, stones, sand, earth, nor grass, nor any other dirt in it; and if any man that does so, that the party who feels himself aggrieved shall then initiate an action at the common law of trespass and deceit against him. (fn. iv-335-328-1)
[Yarn known as thrum.] [Yarn known as thrum.]
65. Item, for asmoche as þe wevers withynne þis roiaume, taken and have taken before þis tyme in common usage and custume, what tyme þat þei have wroght a clothe almost to þe end, to kitte away to þair singuler avauntage, þe yerne þat leveth unwoven, and callen hit thrommes, to grete disceit of þe owner, and sellen hit to siche persones þat leden hit into Flaundres, and oþer straunge cuntrees, as gode merchandises; al be hit þat þe kyng our soveraigne lorde, had þerof no profit of custume ne subsidie. For under colour of sich thrommes, divers persones, aswel straungers as denzens, engrosen and gederen in divers parties of þe saide roiaume, grete quantite of fyne wolleyerne, which is led in to straunge parties forsaide, and þerof made gode clothe; so þat under þis subtille colour, oure saide soverayn lorde is yerly gretely defrauded of his custumes and subsidies, þat þerof suld to hym growe, if it were fully wroght withynne þe saide roiaume, or elles if hit wer unwroght, and in wolle led to his staple at Caleys. Be hit ordeined, þat no manere man, carie ne leede oute of þis roiaume, no manere thrommes, ne wollen yerne, under colour þerof, up peyn of forfaiture of double value þerof. (fn. iv-335-330-1) 65. Item, whereas the weavers within this realm take, and have taken in the past, as common usage and custom, whenever that they have worked a cloth almost to the end, to cutting away the yarn that is left unwoven for their own profit, and they call it thrum, to the great deceit of the owner, and they sell it to such persons who take it to Flanders and other foreign countries as honest merchandise; so that the king our sovereign lord has not received any profit from the customs or subsidy on it. For under pretext of such thrum, several persons, both foreigners and denizens, collect and gather large quantities of fine woollen yarn in various regions of the said realm, which is taken to the aforesaid foreign regions and good cloth made from it; so that by this cunning pretext our said sovereign lord is greatly defrauded of his customs and subsidies that should accrue to him annually from this if it was fully worked within the said realm, or, on the other hand, if it was unworked and the wool taken to his staple at Calais. May it be ordained that no man shall export nor take from this realm any kind of thrum, nor woollen yarn under this pretext, upon pain of forfeiture of its twofold value. (fn. iv-335-330-1)
[Payment to foreign merchants.] [Payment to foreign merchants.]
66. Item, hit is to considere: howe þe merchauntz straungiers nowe late have taken in custume, þat what tyme þai sellen any of þair merchandises, to any persone withynne þis roiaume, þai wil not aske ne receive for paiement þerof, no manere of white silver, as þai were wonte to done, but oonly gold, nobles, half nobles, or farthynges, þe which from tyme to tyme þai leede oute of þis roiaume, into oþer straunge cuntrees, wher hit is chaunged to þair encresce, and forged into oþer coygnes, so þat þai wynne in þe alay of ech noble .xx. d. ayenst þe tenure of þe statut þerupon made, to grete prejudice of our said soverayne lord, and of his royaume universell. 66. Item, may it be considered: how the foreign merchants have recently taken as customary whenever they sell any of their merchandise to any person within this realm that they will not ask for nor receive for its payment any kind of white silver, as they used to do, but only gold, nobles, half nobles, or farthings, which, from time to time, they take out of this realm to other foreign countries where it is changed to their profit, and forged into other coins, so that they gain in the allay of each noble 20 d . contrary to the tenor of the statute made thereupon, to the great prejudice of our said sovereign lord, and of his universal realm.
And þerfore be hit ordeined, þat herafter no manere merchaunt straunger withynne þis roiaume, be suffred to aske ne receive for merchandise, ne be eschaunge, ne oþerwyse, no manere gold, up peyne of forfaiture of double value so asked or received, at every tyme þat it may be espied, and also in eschuyng þe gretter losse þat divers men of þis roiaume have had, and be likely to have, be leevyng þair merchandises to merchantz straungiers, þat þer with have stollen away, and daily taken seyntuaries. That no manere Englisshman < ne > selle withynne þis roiaume, ne de selle fro þis day forth, to no merchaunt straungier, no manere merchandises but oonly for redy money, or elles merchandises for merchandises, to be paied and content in hande, up peyn of forfaiture þerof. Consideryng, þat þorowe þe grete apprestes þat has been made hem in þis roiaume, thai have ful gretely [p. iv-361][col. a] encresed and avaunced her merchandises, and broght doune to noght þe pris of þe commodite of þis roiaume, makyng hem riche and us pouere, þat is shame and abusion. For hit may wel be remembred, þat in þe tyme of Kyng Edward and Kyng Richard in whoos dayes was halden in þis roiaume ful grete astate and rialte in householdes, amanges many worthy lordes bothe sprituell and temporell, þer come in to þis lande but oon galye, and þan þe merchandises þat come was halfendele withynne þe price þat þai been nowe, when þere commeth .iiij. or ..v. galeys yerely, withouten carakes; þat is to say, gyngever was at ..ix. d., piper .viij. d., clowes, macez, synomom, canell and grene gynger, bytweyn .xij. and .xiij. d., malvesies, tires and romeneys at .iiij. marcs and .v. marcs att þe moste. And þat tyme þai boughten fyn Cotteswold wolle for .xvi. and .xvij. marcs, fyn streites of Essex for .xxiiij. s. a pece, commen strettes .xvi. s., westorn blankett of vyse and bekenton .xxvi. s., wher hit is nowe broght doune into halfe þe price þat hit was wonte, and þair merchandise encresed þe double, so þat þe gretter quantite of merchandises þat þai bringyn into þis roiaume, þe derrer hit is, and þe more þei byen ayen, the better chepe þai make hit; the whiche, but hasty remedy be purvoied in short tyme, wil be þe destruction of þis roiaume, þat God defende. And therefore may it be ordained, that no foreign merchant within this realm shall hereafter be allowed to ask for nor receive for merchandise, nor by exchange or other means, any kind of gold, upon pain of forfeiture of the twofold value of that thus asked for or received on every occasion that it shall be discovered, and also to avoid the greater loss that several men of this realm have suffered, and are likely to suffer, by leaving their merchandise with foreign merchants, who steal away with it and take it daily to places of sanctuary. That no Englishman shall sell within this realm, nor will sell henceforth, any kind of merchandise to any foreign merchant unless for ready money, or else merchandise for merchandise, to be paid and received in hand, upon pain of its forfeiture. Considering that through the large loans that have been made to them in this realm, they have very greatly [p. iv-361][col. a] increased and inflated the price of their merchandise, and reduced to nothing the price of the commodities of this realm, making them rich and us poor, which is shameful and an abuse. For it may well be remembered that in the time of King Edward and King Richard, in whose reigns much fortune and privilege was common in the households of this realm amongst many worthy lords both spritual and temporal, there came to this land only one galley, and then the merchandise that came was half the price that it is now, when four or five galleys come annually, without carracks; that is to say, ginger was 9 d ., pepper 8 d ., cloves, mace, cinnamon, canel and green ginger, between 12 and 13 d ., malmsey, tire and rumney at 4 marks and 5 marks at the most. And at that time they bought fine Cotswold wool for 16 and 17 marks, fine straits of Essex for 24 s . a piece, common straits 16 s ., western blanket of vyse and bekenton 26 s ., whereas it is now reduced to half the price that it was, and their merchandise increased in value twofold, so that the greater quantity of merchandise that they bring into this realm, the dearer it is, and the more they buy again, the more cheap they make it; which, unless a speedy remedy is provided soon, will lead to the destruction of this realm, which God forbid.
And herupon that hit like oure saide soverayne lorde of his noble grace, be þadvys of þe lordys spirituall and temporell, aswel þees articles abovesaide, as þe saide ordinance and appointement of þe staple, to graunte and establyssh be auctorite of parlement, commaundyng hem in fourme of statutes to be engrosed and putte in execution with alle effect. And thereupon may it please our said sovereign lord from his noble grace, by the advice of the lords spiritual and temporal, to grant and establish by the authority of parliament both these abovesaid articles and the said ordinance and arrangement concerning the staple, commanding them to be upheld and executed with the full effect of statutes.
[editorial note: Responsio.] [editorial note: Answer.]
The kyng wil, þat hit be like as hit is desired, so þat no merchaunt straungier shal art nor bynde any of þe kynges lieges, be pact, covenant nor bond, to make hem paiement in gold, for any manere dette þat may be due unto hem; nor refuse to receive paiement in silver, for any manere of sich duete or dette, upon þe peyn of double value etc. (fn. iv-335-336-1) The king wills that it shall be as it is desired, so that no foreign merchant shall constrain nor bind any of the king's lieges by agreement, covenant or bond to pay them in gold for any kind of debt that may be due to them; nor refuse to receive payment in silver for any kind of such duty or debt, upon pain of the twofold value etc. (fn. iv-335-336-1)
[memb. 1]
[Franchises.] [Franchises.]
67. Plese a nostre soveraigne seignur le roi, d'ordeigner par auctorite de cest present parlement, q'en toutz briefs d'assises, et d'actions personelx, suez ou a suiers devaunt le roy en son bank, justices de commune bank, ou autres justices le roy qeconqes, pur le temps esteantz, d'ascuns terres, tenementz, ou autre chose esteant ou surdant, deinz ascuns seignurie, franchise, ou auncien demesne, dount la conusaunce ou jurisdiction doit aperteigner as ascuns seignurs, mairs, balyfs, citezeins, burgeys ou communalte, de tielx seignurie, franchise, ou auncien demesne; q'adonqes si ascun defendant en ascun tiel assise, ou autres actions personelx, face defaute pur ouster et excluder les ditz seignuris, mairs, bayllifs, citezeins, burgeis ou communalte de lour franchise ou conissance, qe les justices, al request des ditz seignuris, mairs, baillyfs, citezeins, burgeis ou communalte, facent enquerrer par l'assise, ou tiel exception est allegge en assise, et en actions personelx, par enquest, apprendre devaunt les justices, le quel tielx defautes soient faitz come desuis est dit, ou nemye: en quelx assises et enquest issint apprendre, sibien les pleintifs, come les seignuries, mairs, baillyfs, citezeins, burgeys et communalte, purront aver lour chalange. Et si trove soit par tielx assises ou enquest issint apprendrez, qe tielx defautes soient faitz par collusion, pur ouster et excluder les ditz seignuris, mairs, baillyfs, citezeins, burgeys ou communalte, de lour franchise, libertees, conissance ou jurisdiction; qe en tielx cases, les ditz briefs soient abatuz, et les pleintifs soient en la mercy le roy: par consideration, q'il est ordine par l'estatut fait l'an du reigne le roy Henry vostre aiel .ix. me , qe si ascun mair, baillif, communalte ou seignur d'auncien demesne, [col. b] soit nosme en briefs d'assises par collusion, pur eux ouster de lour conusance ou jurisdiction en celle partie; (fn. iv-335-338-1) qe les justices primer enquergent par l'assises en paiis de tiel collusion, si les ditz seignuris, mairs, baillyfs ou communalte le demandent. Et si trove soit par tiel inquisition, q'ils soient issint nosmes par collasion; q'adonqes le brief abatera. 67. May it please our sovereign lord the king to ordain by the authority of this present parliament that in all writs of assizes and of personal actions sued or to be sued before the king in King's Bench, the justices of Common Bench, or any other king's justices at the time, concerning any lands, tenements, or other property being or appearing in any lordship, franchise, or ancient demesne, of which the cognizance or jurisdiction pertains by right to any lords, mayors, bailiffs, citizens, burgesses or commons of such a lordship, franchise, or ancient demesne; that then if any defendant in any such assize, or in other personal actions, makes default in order to remove and exclude the said lords, mayors, bailiffs, citizens, burgesses or commons from their franchise or cognizance, then the justices, at the request of the said lords, mayors, bailiffs, citizens, burgesses or commons, shall inquire by the assize where such exception is alleged in assize, and by inquest in personal actions, to be held before the justices, whether such defaults have been made, as is said above, or not: in which assizes and inquest thus to be held, both the plaintiffs and the lords, mayors, bailiffs, citizens, burgesses and commons will be able to have their challenge. And if it is found by such assizes or inquest thus to be held that such defaults are made by collusion in order to remove and exclude the said lords, mayors, bailiffs, citizens, burgesses or commons from their franchise, liberties, cognizance or jurisdiction; then in such cases the writs shall be annulled, and the plaintiffs shall be on the king's mercy: by consideration that it is ordained by the statute made in the ninth year of the reign of King Henry your grandfather that if any mayor, bailiff, commons or lord of ancient demesne [col. b] shall be named in writs of assize by collusion in order to remove them from their cognizance or jurisdiction in this regard; (fn. iv-335-338-1) that the justices shall first inquire by the assize in the regions of such a collusion, if the said lords, mayors, bailiffs or commons demand it. And if it is found by such inquiry that they are thus named by collusion; that then the writ will be annulled.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. (fn. iv-335-341-1) The king wills it. (fn. iv-335-312-1)
[Mayor of staple at Calais.] [Mayor of staple at Calais.]
68. Item, pur certeins tresgrandes et notables causes, l'oneur de nostre soveraigne seignur le roy, et le commune bien de tout son roialme d'Engleterre concernentz; ordine soit par auctorite d'icest parlement, qe le mair de l'estaple a Caleys q'orest estoise en son office de mair du mesme l'estaple, jesqe al fest de Nostre Dame proschein avenir, et del dit fest, jesqe al fyn de dieux ans alors proscheins ensuantz pleinement accompliez, ascun statut ou ordinance au contrarie faitz nient obstant. 68. Item, on account of certain very important and notable causes concerning the honour of our sovereign lord the king and the comon good of all his realm of England; it should be ordained by the authority of this parliament that the present mayor of the staple at Calais should remain in his office of mayor of the same staple until the next feast of Our Lady following, and from the said feast until the end of the next two years then following is fully finished, notwithstanding any statute or ordinance made to the contrary.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. (fn. iv-335-346-1) The king wills it. (fn. iv-335-346-1)
[Household and chapel of Henry V, Margaret Sarnesfield.] [Household and chapel of Henry V, Margaret Sarnesfield.]
69. Item, ultimo die presentis parliamenti concordatum fuit et ordinatum, de assensu dicte communitatis, quod tres petitiones per prefatos communes domino regi in parliamento predicto exhibite; una videlicet, pro servientibus familiaribus domini Henrici nuper regis, patris domini regis nunc, videlicet, armigeris, vallettis, garcionibus et pagettis; alia quoque, pro clericis de capella ejusdem nuper regis; tertia vero, pro Margareta Sarnesfeld, nuper uxore Nicholai Sarnesfeld: committantur dominis de consilio regis, ad materias in eisdem petitionibus contentis determinandum, secundum eorum discretionem; prout in indorsamentis earumdem plenius poterit apparere: que quidem petitiones deliberantur Ricardo Caudray, clerico consilii predicti, ex causa supradicta. 69. Item, on the last day of the present parliament it was agreed and ordained, with the assent of the said commons, that three petitions presented by the aforesaid commons to the lord king in the aforesaid parliament, that is, one on behalf the household servants of the late lord King Henry, the father of the present lord king, namely, esquires, valets, grooms and pages; another on behalf the clerks of the chapel of the same lord king; and third, on behalf of Margaret Sarnesfield, late wife of Nicholas Sarnesfield, should be committed to the lords of the king's council to determine the matters specified in the same petitions according to their discretions; as is more fully evident in their endorsements: which petitions were delivered to Richard Caudray, clerk of the aforesaid council, for the abovesaid reason.
[Prior of Llanthony.] [Prior of Llanthony.]
70. Au roy nostre tressoveraigne seignur, et a les seignurs espirituelx et temporelx de cest present parlement, supplie humblement Johan Penbrygge priour de Lanthon', premer en Gales: qe come en les recorde et processe, et en rendre de juggement de le plee, qe fuist en vostre parlement tenuz a Develyn, en vostre terre d'Yrland', devaunt James Botiller counte de Urmond, nadgairs vostre justice en mesme vostre terre, del assent des seignurs espirituelx et temporelx illeouqes adonqes esteantz, saunz brief, bille ou petition originall, parentre le priour de meason Dieu de Molynger, et William nadgairs priour de Lanthon' suisdit, de le plee qe fuist devaunt vous, nostre soveraigne seignur, en vostre dit terre, par entre le dit priour de meason Dieu de Mollynger, et le dit nadgairs priour de Lanthon', par vostre brief de errour; quel en recorde et processe, et auxi en le rendre de juggement de le plee, qe fuist devaunt Johan FitzAdam et sez compaignons, nadgairs justices de seignur Henry, nadgairs roy d'Engleterre vostre aiel, de son bank en mesme le terre, par brief de mesme vostre aiel, entre le dit nadgairs priour du dit lieu de Lanthon', predecessour du dit ore priour de Lanthon', et le nadgairs priour de dit meason Dieu de Molynger, predecessour de dit ore priour de meason Dieu de Mollynger, de .xvi.li. .xviij. d. les qeux a dit nadgairs priour de Lanthon furent adereres d'un annuell rent ..xiij.li. .vi. s. .viij. d., le quel le dit nadgairs priour de Lanthon', de dit nadgairs priour de meason Dieu de Molynger demaunda, de la querell de mesme le priour de meason Dieu de Molynger, nadgairs receustes d'avoir entiervenue, si ascun i fuste a corrigere. Le quel juggement devaunt les ditz nadgairs justices de bank renduz, devaunt vous en vostre dite terre fuist afferme [p. iv-362][col. a] errour overte intervenue, a grande dammage du dit suppliant; de quel plee en le dit vostre parlement ewe le recorde et processe devaunt vous en vostre chauncellari d'Engleterre, pur certeinz causes, nadgairs par vostre brief, qe issist hors de vostre chauncellari d'Engleterre, a vostre chaunceller d'Yrland' direct, fistes venir; et les qeux ore en vostre court devaunt vous en vostre bank en Engleterre remaignent; al suite de dit suppliant, a cause qe le errour suisdit ne poet mye illoeqes estre termine ne discusse, a cause qe les justices as plees atenir devaunt vous en vostre dit bank en Engleterre, n'ount my poiar determiner ne de adjugger par la ley, ceo qe fuist fait en vostre [col. b] dit parlement d'Yrland'. 70. To the king our most sovereign lord and to the lords spiritual and temporal in this present parliament John Penbrygge, prior of Llanthony, primate of Wales, humbly beseeches: whereas in the record and process, and in the pronouncement of judgment in the plea which was in your parliament held at Dublin in your land of Ireland before James Butler, earl of Ormond, your late justice in your same land, with the assent of the lords spiritual and temporal then assembled there, without an original writ, bill or petition, between the prior of the house of God of Mullingar and William, late prior of the aforesaid Llanthony, for the plea which was before you, our sovereign lord, in your said land, between the said prior of the house of God of Mullingar and the said late prior of Llanthony, by your writ of error; in which record and process, and also in the pronouncement of judgment of the plea which was before John FitzAdam and his fellow late justices of Lord Henry, late king of England, your grandfather, in King's Bench in the same land by writ of your same grandfather between the said late prior of the said place of Llanthony, the predecessor of the said present prior of Llanthony, and the late prior of the said house of God of Mullingar, the predecessor of the said present prior of the house of God of Mullingar, concerning £16 18 d . which were in arrears to the said late prior of Llanthony from an annual rent of £13 6 s . 8 d ., which the said late prior of Llanthony demanded from the said late prior of the house of God of Mullingar at the action of the same prior of the house of God of Mullingar, that it had previously been received in its entirety, if any was to be corrected. Which judgment given before the said late justices of King's Bench was confirmed as a clear error by you in your said land, [p. iv-362][col. a] to the great damage of the said supplicant; having had the record and process of which plea in your said parliament recently caused to come before you in your chancery in England, on account of certain reasons, by your writ which was issued out of your chancery in England to your chancellor of Ireland; and which now remain in your court before you in King's Bench in England at the suit of the said supplicant, because the aforesaid error is unable to be determined or discussed there, because the justices of pleas to be held before you in King's Bench in England do not have the power to determine nor to judge by the law that which was done in your [col. b] said parliament in Ireland.
Please a vostre hautesse, de commaunder William Cheyne chivaler, vostre chief justice as plees devaunt vous, tressoveraigne seignur, atenir assigne, defaire venire en cest present parlement, les ditz recorde et processe du dit plee, ove toutz choses eux touchantz, devaunt vous, tressoveraigne seignur, et les seignurs suisditz, ensy qe veueez les ditz recorde et processe en mesme cest present parlement, droit soit fait en les premisses, solonqe la ley et custume de vostre roialme d'Engleterre. Et ceo pur Dieu, et en oevere de charitee. May it please your highness to command William Cheyne knight, your chief justice of pleas before you, most sovereign lord, to be assigned to cause the said record and process of the said plea, with all things touching them, to come in this present parliament before you, most sovereign lord, and the aforesaid lords, to inspect the said record and process in this same present parliament, so that justice shall be done on the foregoing, according to the law and custom of your realm of England. And this for God and by way of charity.

Appendix 1429

Westminster

22 September - 20 December 1429

16 January - 23 February 1430

1

On 15 October in the eighth year [1429] at Westminster in full parliament the lords of the council agree and concur that William Paston, sergeant at law, should be one of the king's justices of Common Bench for as long as it pleases the king taking the usual fee for the office. And likewise the lords of the council ordered that John Cotesmore, sergeant at law should be one of the king's justices of Common Bench for as long as it pleases the king taking the usual fee for the office. And at the same time they ordered that John Wanpage should be attorney of the king for as long as it pleases the king taking the usual fee for the office. And that warrants should be made to the Chancellor to issue letters patent for each, according to the usual form.

At the same time it was agreed that Thomas Rolf and Richard Newton should be sergeants at law for the king taking the usual fee from the king as William Paston and William [sic] Cotesmore were accustomed to have in this office. Also that letters patent be issued to William Babthorp appointing him one of the barons of the Exchequer taking the usual fee.

Source : POPC , IV.4-5.

2

On 3 December in the eighth year of the reign [1429] at Westminster in full parliament, relating to letters of the prior and chapter of the cathedral church of Carlisle sent to the king under their common seal concerning the election of Marmaduke Lumley, clerk as bishop of the said place, it was granted and agreed by the lords of the council then present that on the assent of the king to the said election the keeper of the privy seal should make warrant directed to the Chancellor to issue letters patent on the matter as was accustomed in such matters. Present, the duke of Gloucester who disagreed, and the lords of Canterbury, York as Chancellor, Norfolk, London, Bath, Huntingdon, Warwick, Stafford, Bourchier, Cromwell, Tiptoft and Hungerford as treasurer and keeper of the privy seal all agreeing, and Scrope who disagreed.

Source : POPC , IV.8.

3

Dispensation in the case of aliens of the second statute of 2 Henry V requiring that no person be admitted to serve as juror where the debt and damages amount to 40 s unless he have lands and tenements worth 40 s , in the light of the 2nd statute of 27 Edward III concerning procedures in cases to be heard by the mayor of the staple between denizens and aliens, where aliens should be part of the inquest, on the grounds that it cannot be expected that aliens will have 40 s worth of lands in England

Source : SR , II.261-2.

4

Revocation of the protection for one year which was granted on 8 July 1429 to William Haute, esquire, as in Picardy in the company of Sir John Stiward, captain of the tower of Rysbank, because he has been elected a knight of the shire for Kent in the present parliament and tarries in London for the time of the said parliament intent on causes and matters concerning the said county, as the sheriffs of London have testified. Dated 11 October 1429.

Source : CPR 1429-36 , 29.

5

Letters of denization according to an act in the last parliament to Henry Market, born in Germany, and his heirs. By petition in parliament. Dated 26 February 1430.

Source : CPR 1429-36 , 43.

6

Letters of denization according to an act in the last parliament to Conrad Burgh, born in the town of St Catalonia in Germany, and his heirs. By petition in parliament. Dated 1 March 1430.

Source : CPR 1429-36 , 49.

7

Commission to various persons in each county to encourage loans to be made to the king, with surety being given out of the fifteenth payable on the octaves of Martinmas by grant of the commons in the last parliament. Dated 6 March 1430.

Source : CPR 1429-36 , 49-51.

8

Grant by advice and assent of the lords of the council and by authority of an act of the last parliament that repayments should be made to the mayor and commonalty of London and other lenders to the king of moneys lent by them to the king out of the tenth and fifteenth granted by the commonalties of England in the said parliament and payable at Martinmas next. Dated 19 May 1430.

Source : CPR 1429-36 , 60-2, printed in full in RP , V.418-20. The details of repayments to be made to each lender are given, including the county from which the repayment should come. See also CPR 1429-36 , 111 (20 December 1430). Appointment pursuant to the act of the last parliament for the repayment of loans made to the king for the defence of the realm. Various debtors.

9

Assignment following the act of the parliament held at Westminster 22 September 1429 to Henry Chichele, archbishop of Canterbury, Henry Beaufort, bishop of Winchester, Thomas Langley, bishop of Durham, Sir Walter Hungerford, John Wodehouse esquire, and John Leventhorp, the feoffees of Henry V for lands in the duchy of Lancaster for repayment of £3,028 13 s 7 d lent by them to the king for the defence of the realm, out of the customs and subsidies arising in the port of Southampton. Dated 4 December 1430.

Source : CPR 1429-36 , 104.

10

Licence for Dennis [ ] born in Ireland to stay in England for life notwithstanding the proclamation made by authority of the last parliament for all the king's lieges of Ireland residing in England to return to the land of their birth. Vacated because nothing was done therein. Dated ? 1431.

Source : CPR 1429-36 , 107.

11

Licence by the advice of the lords spiritual and temporal in the present parliament for the abbot and convent of Abbotsbury to acquire in mortmain 20 librates of land from John Stafford, bishop of Bath and Wells, Sir Humphrey Stafford or others. By petition in parliament. Dated 28 September 1429.

Source : CPR 1429-36 , 63. See also CPR 1436-41 , 287, 28 June 1439, licence for the following to grant the following parcels to the abbot and convent of Abbotsbury in part satisfaction to the amount of 24 marks pa, of the licence to acquire in mortmain lands and rents not held in chief and worth £20 pa from John, bishop of Bath and Wells, Humphrey Stafford and others which was granted to the said house by the advice and assent of the lords spiritual and temporal in the parliament of 8 Henry VI (1429).

12

Inspeximus and confirmation by the advice of the lords spiritual and temporal in the parliament held at Westminster in the king's eighth year [1429] and at the special request of the commonalty in the same of letters patent dated 22 May 1405 making the priory of St Andrew Northampton a denizen instead of an alien priory. Ratification also of the estate of Henry Brybroke as prior of the same and grant that he may be discharged from any liability which may have arisen out of any voidance which may have occurred between the making of the said letters patent and the date of the said parliament. Dated 27 November 1437.

Source : CPR 1436-41 , 128. See also CPR 1452-61 , 44, 15 Feb 1453. Before the king and council, on behalf of the convent of the priory of St Andrew Northampton which has been long without a prior, it has been shown that, in the parliament held at Westminster 1429 on the petition of the commons by authority of that parliament, it was granted that to the prior and convent that they should have free election in vacancy and keeping of temporalities. This is now granted as a result.

13

Pardon to Simon Eyre, mayor and escheator of London, of a fine of £20 forfeit by him for not returning to the Chancery or Exchequer within a month of an inquest taken before him on Monday in St Nicholas last touching lands concerning Nicholas, son and heir of Thomas Southcotes, according to the statute in the parliament held at Westminster on the morrow of St Matthew, 8 Henry VI [22 September 1429]. Dated 14 February 1446.

Source : CPR 1441-6 , 409.

14

Commitment to Henry Aleyn by mainprise of two others of keeping of manor of Boxtede (Essex) taken into king's hand by death of Thos Boxtede who held of king to day of his death to hold the same from time of death of said Thomas to Easter next according to the form of a statute published in the last parliament so that he answer to exchequer for issues forthcoming in the meantime if they shall be adjudged to the king and keep the manor in the meantime without waste and destruction. Dated 28 May 1430.

Source : CFR 1422-30 , 321-2. Many other entries in the Calendar of the Fine Rolls refer to this statute of the 1429 parliament.

15

Royal response to a bill regarding the amendment of records partially agreed to by the commons. 8 Henry VI.

Source : PRO C 49/19/20 (formerly Parliamentary Petitions 9303). See also SC 8/25/1204.

16

Verdict against the late sheriff of Buckinghamshire for false return of knights of the shire. 8 Henry VI.

Source : PRO E 175/3/27. For discussion of dubious elections in 1429, of which there were at least three, see HOC , I.68, n.36, and IV.790-1. I am grateful to Dr Hannes Kleineke for this reminder.

17

Record of payment in the accounts of John Coryngham, canon, steward and receiver general of Windsor, to the clerks of chancery for the conception and writing of bulls (sic) directed to the lords of the council and to the knights and burgesses of parliament.

Source : Dean and Canons of Windsor MS XV.48.9, m. 5 (accounting year Michaelmas 1429-1430). I am grateful to Dr Hannes Kleineke for this reference.

Footnotes

  • int1429-1. Brut, 438.
  • int1429-2. Brut, 443, from Cambridge University Library MS Hh.6.9; 'Gregory's Chronicle', in Historical Collections of a London Citizen , 171.
  • int1429-3. Amundesham, I.46.
  • int1429-4. The printed editions of the Chronicles of London, and the Great Chronicle of London, however, do not mention the parliament.
  • int1429-5. Parliament of December 1421, item 10.
  • int1429-6. PRO E 179/108/101; CFR 1422-30 , 290-7.
  • int1429-7. Collectors were issued with letters patent on 28 August 1430: PRO E 179/108/102.
  • int1429-8. Gregory's Chronicle, 171; Benet, 182; Amundesham, I.44, 46, although the latter is confused on the dates of collection.
  • int1429-9. Amundesham, I.46.
  • int1429-10. Amundesham, I.42-3: he gives here the parliament as beginning on 20 September, although on a later page, 44, he gives its starting date, also wrongly, as 26 September.
  • int1429-11. G. A. Holmes, 'Cardinal Beaufort and the crusade against the Hussites', EHR , 88 (1973), 721-50.
  • int1429-12. POPC , III.330-8.
  • int1429-13. POPC , III, 322. At the same meeting they discussed Bedford's request for more troops to be sent for the siege of Orleans seeing that many soldiers who had crossed with Salisbury had deserted.
  • int1429-14. POPC , III.339-44.
  • int1429-15. RDP , IV.869-72, CCR 1422-9, 473-5.
  • int1429-16. Rymer, Foedera , IV.iv.150. This may, of course, be a reference to the letters sent in April.
  • int1429-17. Stevenson, Letters and Papers , II.i.120.
  • int1429-18. RDP , IV, 872-5.
  • int1429-19. POPC , III, 349-51.
  • int1429-20. Handbook of British Chronology , 217.
  • int1429-21. POPC , III.324-5.This problem was noted by Nicolas, POPC , III.325, note 1.
  • int1429-22. Roskell, 'Problem of Attendance', 182, 185. I am grateful to Dr Linda Clark for information on the number of known MPs.
  • int1429-23. Amundesham, I 43.
  • int1429-24. J. S. Roskell, 'William Allington of Horseheath, Speaker in the Parliament of 1429-30', Proceedings of the Cambridge Antiquarian Society , 52 (1959), 30-42. HOC , II.27-9.
  • int1429-25. Roskell, Commons and their Speakers , 200.
  • int1429-26. Lay Taxes , 86.
  • int1429-27. Collectors were appointed on 28 August 1430: CFR 1422-30 , 328-34.
  • int1429-28. Collectors were appointed on 20 December 1429, 20 November 1430: CFR 1422-30 , 297-99, 301; CFR 1430-37 , 14-17.
  • int1429-29. POPC , IV.10-11.
  • int1429-30. 'Gregory's Chronicle' in Historical Collections , 163.
  • int1429-31. A. J. Pollard, John Talbot and the War in France, 1427-1435 (London, 1983), 17.
  • int1429-32. POPC , IV.59-66.
  • int1429-33. POPC , III.213-20.
  • int1429-34. Griffiths, Reign of Henry VI , 32, 47.
  • int1429-35. POPC , IV.9.
  • int1429-36. Foedera , IV.iv.151, for the payment of £100 to William Aleyn, clerk of the king's household, for the expenses of the daughter of the king of Portugal.
  • int1429-37. Harriss, Cardinal Beaufort , 196. See PRO E 403/691 m.19 and m.28 for payments made to the duke and also to John de Luxembourg.
  • int1429-38. Paris, Archives nationales Xia 8650 folios 15-15v; POPC , IV.31.
  • int1429-39. 'reinceptum est parliamentum pro expeditione Regis Anglie in Franciam: pro qua Cardinalis Episcopus Wyntoniensis in Franciam transmittitur, ut Francos contra adventum Regis pacificaret': Amundesham, I.46.
  • int1429-40. Collectors were appointed on 14 November 1431, 1 April 1433, 14 October 1433: CFR 1430-37 , 73-5, 144-5, 169-71.
  • int1429-41. As another means of raising cash, on 26 February a distraint of knighthood was ordered for those possessing lands worth £40 per annum: Foedera , IV.iv.156.
  • int1429-42. Relevant materials are in PRO E 101/70 file 4. For the expedition see A. Curry, 'The "coronation expedition" and Henry VI's court in France, 1430-32', in The Lancastrian Court , ed. J. Stratford (Stamford: Paul Watkins Press, 2003), 30-54.
  • int1429-43. Roskell, 'Problem of Attendance', 182. Moreover, there had been 33 knightings on the eve of the coronation.
  • int1429-44. For the grant dated 22 September noting petition in parliament, see CPR 1429-36 , 45.
  • int1429-45. The petition, now at PRO SC 8/85/4238, was copied into the Letter Book ( Calendar of London Letter Books, K, 104-5, 116). C. Barron, 'London and parliament in the Lancastrian period', Parliamentary History , 9 part 2 (1990), 357. See also M. Davies, 'Lobbying Parliament: the London companies in the fifteenth century', Parchment and People in the Middle Ages , ed. L. Clark (Parliamentary History, 23, 2004), 146, which further notes that the townsmen of Oxford put forward a similar request to the parliament which was rejected.
  • int1429-46. SR , II.253-7. Intriguingly a copy has been located by J. Bolton in the Archivio Borromeo Isola Bella which is different in words and phrases from the version in the Statute Rolls, and may therefore be a draft of some kind.
  • int1429-47. 'Gregory's Chronicle' in Historical Collections of a Citizen of London , 164.
  • int1429-48. Griffiths, Reign of Henry VI , 134, sees this as an important control on livery and maintenance more broadly.
  • int1429-49. Myers, 'Parliament 1422-1509', 170, based on the endorsement written on C 49/19/18. A schedule attached to this noted that 'the commons assent to the bill attached to this schedule so long as the exceptions noted in the schedule are assented to as part of the bill' (PRO C 49/19/17). For the royal reply see Parliament of 1429, Appendix item 15.
  • int1429-50. S.J. Payling, 'County parliamentary elections in fifteenth-century England', Parliamentary History , 18 (1999), 244 for the quote and what follows.
  • int1429-51. Myers, 'Parliament 1422-1509', 162.
  • int1429-52. HOC , I.300, IV.369 for the dispute. I am grateful to Dr Hannes Kleineke for information derived from his biography of Sir John Arundell II for the 1422-1504 volume of the HOC .
  • int1429-53. Brut, 438. The king was probably at Eltham for much of the second session.
  • int1429-54. PRO E 28/51 (petition of John Hotoft for the payment of their expenses).
  • int1429-55. BL Add. MS 14,848, f. 76v.
  • iv-335-7-1. Luke 11:18.
  • iv-335-39-1. PRO C49/19/1.
  • iv-335-45-1. Parliament of (Nov.) 1422, item 24.
  • iv-335-50-1. PRO C49/19/2.
  • iv-335-55-1. PRO C49/19/3; E175/4/1.
  • iv-335-96-1. PRO C49/19/4.
  • iv-335-102-1. PRO C49/19/5.
  • iv-335-129-1. PRO C49/49/4.
  • iv-335-145-1. SR , II.258-60 (c. xxvii).
  • iv-335-160a-1. SR , II.238 (c. 1).
  • iv-335-165-1. PRO C49/19/6; SR , II.239 (c. ii).
  • iv-335-167-1. Parliament of 1427, item 43; SR , II.236-8 (c. v).
  • iv-335-170-1. PRO C49/19/7; SR , II.239-40 (c. iii).
  • iv-335-176-1. PRO C49/19/8; SR , II.240-1 (c. iv).
  • iv-335-178-1. SR , I.321 (c. x). The statute belongs in fact to the twenty-fifth year of Edward III.
  • iv-335-178-2. SR , II.63 (c. ix).
  • iv-335-182-1. PRO SC8/48/2383; SR , II.241-2 (c. v).
  • iv-335-188-1. PRO C49/19/9; SR , II.242-4 (c. vi).
  • iv-335-190-1. SR , II.116 (c. xiv).
  • iv-335-199-1. PRO C49/19/10; SR , II.243-4 (c. vii).
  • iv-335-209-1. PRO C49/19/12.
  • iv-335-215-1. PRO C49/19/13.
  • iv-335-217-1. Parliament of (April) 1414, item 23; SR , II.178-81 (c. vi).
  • iv-335-226-1. PRO SC8/25/1226.
  • iv-335-245-1. Parliament of 1427, item 36; SR , II.233-4 (c. iii).
  • iv-335-248-1. PRO C49/19/14; SR , II.244 (c. viii).
  • iv-335-250-1. Parliament of 1391, item 27; SR , II.78 (c. ii).
  • iv-335-254-1. SR , II.244-6 (c. ix).
  • iv-335-260-1. PRO C49/19/15; SR , II.246-8.
  • iv-335-262-1. SR , II.157-8 (c. xvii).
  • iv-335-263-1. SR , II.56 (c. iii).
  • iv-335-266-1. PRO SC8/85/4238; SR , II.248(c. xi).
  • iv-335-271-1. PRO C49/19/16; SR , II.248-9 (c. xii).
  • iv-335-273-1. Parliament of 1426, item 38; SR , II.231 (c. ii).
  • iv-335-277-1. PRO C49/19/17, 18; SR , II.250 (c. xiii).
  • iv-335-279-1. Parliament of (April) 1414, item 26; SR , II.186-7 (c. ix).
  • iv-335-283-1. PRO C49/19/19; SR , II.250-2 (c. xiv).
  • iv-335-285-1. Parliament of (May) 1421, item 33; SR , II.205 (c. iv).
  • iv-335-285-2. SR , I.283 (c. vi).
  • iv-335-289-1. Petition PRO SC8/25/1204, reply C49/19/20; SR , II.252 (c. xv).
  • iv-335-291-1. SR , I.374-5 (c. xiii).
  • iv-335-294-1. PRO C49/19/21; SR , II.252-3 (c. xvi).
  • iv-335-306-1. PRO C49/19/23.
  • iv-335-312-1. PRO C49/19/24; SR , II.253-4 (c. xvii).
  • iv-335-320-1. PRO E175/3/28; SR , II.254-5 (c. xviii).
  • iv-335-322a-1. PRO C49/19/25; SR , II.255 (c. xix).
  • iv-335-324a-1. SR , II.255-6 (c. xx).
  • iv-335-327-1. SR , II.256 (c. xxi).
  • iv-335-328-1. SR , II.256 (c. xxii).
  • iv-335-330-1. SR , II.256-7 (c. xxiii).
  • iv-335-336-1. SR , II.257 (c. xxiv).
  • iv-335-338-1. SR , II.160 (c. v).
  • iv-335-341-1. PRO SC8/108/5387; SR , II.257-8 (c. xxvi).
  • iv-335-346-1. SR , II.257 (c. xxv).