Parliament Rolls of Medieval England. Originally published by Boydell, Woodbridge, 2005.
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'Henry VII: October 1491', in Parliament Rolls of Medieval England, (Woodbridge, 2005) pp. . British History Online https://www.british-history.ac.uk/no-series/parliament-rolls-medieval/october-1491 [accessed 23 April 2024]
In this section
1491 October
Introduction 1491
Westminster
17 October 1491 - 5 March 1492
(PRO C 65/127. RP , vi.440-57. SR , ii.549-53)
C 65/127 is a roll of 9 membranes, each approximately 310mm in width, sewn together in chancery style and numbered from top to bottom. The text, written by several scribes, occupies the rectos of the membranes only; the dorses are blank apart from two contemporary headings on membrane 1, now stained and difficult to read: 'Rotulus parliamenti tenti apud Westm' decimo septimo die Octobris anno regni regis Henrici septimi vij o vij o vij o [ sic ] unus rotulus [a word illegible even under UV]' and 'Acte of parlyament inrolled anno septimo Henrici septimi'. The later annotator who supplied arabic item numbers has again not numbered the preliminaries and the first numbered entry is the bill against Thomas Croft. Most of the marginal headings are contemporary and the later annotator needed to supply headings only to the common petitions and a handful of other entries. There is no evidence of earlier headings being erased to make way for later versions. The later headings are identified as such in the text file. The roll is in a generally good condition, although membrane 1 is discoloured at the top and stained with gallic acid lower down. Part of the outer protective membrane is now detached but the roll itself does not appear to be incomplete.
The parliament was summoned by writs of 12 August 1491 to meet at Westminster on 17 October. This is the only parliament of the reign for which the names of most of the commons are known. No returns survive, but 292 names are listed in BL Harleian 2252, two of whom were returned for two seats: Nicholas Mattock for Plymouth and Plympton Earl, and William Combe for Plympton Earl and Tavistock. The context of the summons was the king's need for money to wage war against France. Henry had concluded an alliance with Maximilian in September 1490 in which the two men bound themselves to make war on France within three years, and Spain had also been drawn into the alliance. A great council meeting in June 1491 gave its backing to the planned war and authorised the benevolence collected in the following month. These preparations took place against the collapse of English intervention in Brittany. The summer of 1491 saw the duchy over run by the French and the withdrawal of the English forces. In November, while parliament was in session, the duchess Anne made peace with Charles VIII.
The rhetoric accompanying these developments was far more hostile to France than anything recorded in 1489-90, when Henry had been trying to aid Brittany without repudiating his truce with France. (fn. int1491-1) Francis Bacon claimed that Henry himself spoke at the opening of parliament, justifying the planned war and announcing his intention to lead his troops in person. (fn. int1491-2) It is not impossible that at some point in the parliament Henry, like Edward IV before him, backed up his appeal for money by promising ore proprio to hazard his own body. But there is no trace of such a speech on the roll, and the preamble to the grant of taxation explicitly says that the king's willingness to campaign in person had been made known to the commons by an intermediary. According to the roll it was left to the chancellor to announce and justify the war in his opening address. Morton took as his text 'We hoped for peace, and find nothing good; for a time of healing and all is disaster'. The ensuing sermon was less downbeat than the choice of text and the fall of Brittany might have led listeners to expect. It offered a sustained criticism of the king of France, who had refused overtures of peace and therefore carried the blame for the impending war - a theme repeated in the preambles to a number of bills. Morton assured his hearers that the intended war would be just and ended with a prayer for a happy outcome for England and its king.
The commons were then charged to choose their speaker. Following the usual timetable their choice, Richard Empson, was presented to the king two days later. Empson, like his predecessor Fitzwilliam, was a lawyer whose career in the royal service had begun in the duchy of Lancaster. Edward IV had made him attorney general in the duchy in 1478. Richard III had sacked him to make way for one of his own legal counsel, Thomas Molyneux, but he had been promptly reinstated by Henry VII and still held the office at the time of his election as speaker. (fn. int1491-3) He is not known to have sat in parliament before, but the names of so few county members are known for the earlier parliaments of the reign that he may well have done so. If so it had presumably been, as in 1491, for his home county of Northamptonshire.
The ordering of the roll broadly follows the pattern laid down in 1489. There were two sessions. The first, from 17 October to 4 November, completed almost no business apart from the grant of war taxation. This is preceded on the roll by the bill against Croft and two common petitions (items 2-3). The latter do not have their own heading, but the first begins with a preamble stating that two common petitions were presented to the king by the commons. Once Henry had secured his money parliament was prorogued until 26 January 1492. The excuse given, rather implausibly considering the season, was the threat of plague. As in 1489 the prorogation and reopening are separated on the roll by a space of about three quarters of an inch, enough, in this extremely dense text, to mark off the new session effectively.
The second session saw the completion of most of the recorded business of the parliament. The first two entries deal with items of royal business: the enfeofment of land for Henry's will and the endowment of his queen (items 5-6). The former is dated 20 February and the queen's bill must be later than 21 February because it incorporates a reference to letters patent of that date. Neither item was contentious and it is hard to believe that they had absorbed all the preceding three and a half weeks. There is, however, no other indication that the clerk was ordering the items by the status of the beneficiary. More royal business (items 15-16) is enrolled after the run of individual petitions, and those petitions do not seem to be in any particular order, with a petition from the abbess of Barking enrolled between the queen's endowment and a petition from the king's mother. The final 'saving' clause in item 9 appears to have been packed in after item 10 had been written up which, if not a simple copying error, would imply that this part of the roll was being compiled before the session had ended. The common petitions are enrolled as a block after the other business. They begin a new membrane [8] but nothing can be read into this about the construction of the roll because the previous membrane is full.
The roll ends with parliament's dissolution on 5 March and the granting of formal permission to everyone to leave. This marks something of a departure from recent practice, where the end of a parliament had usually only been recorded when it was the occasion for a piece of theatre such as the announcement of a grant of taxation and the expression of royal thanks for the same. Nothing of the sort occurred here. The final session dealt almost entirely with a range of individual and common petitions; a situation in which members might have been tempted to drift away. Perhaps there had been an expectation that something more would need to be done about the war or its funding and an effort had been made to keep the commons together.
War dominated the parliament, although Bacon exaggerated when he called it 'merely a parliament of war'. (fn. int1491-4) The first session was kept in being only long enough for the commons to agree to a grant of two tenths and fifteenths, one to be paid on 1 April 1492 and the other on the following 11 November. If Henry kept his army in the field for eight months a third tenth and fifteenth would become payable on 11 November 1493 (item 4). While the commons discussed money, the lords, in their capacity as the king's great council, were discussing the statutes and ordinances of war, which were to be printed by Richard Pynson in the following year for distribution to the commanders of the army. (fn. int1491-5)
The second session was also much concerned with the preparations for war. The impending campaign led Henry to make his will and he granted land to a group of feoffees to meet its provisions (item 5). Four of the eight common petitions agreed in this session were prompted by the war, all couched as government measures rather than actual petitions. One sought to prevent the misappropriation of wages by captains either claiming for non-existent men or failing to pay the due amount to their men (item 17). It also made desertion a felony, and one for which offenders could not plead benefit of clergy. The justification for denying the privilege was that desertion was seen as analogous to treason (although the word is not used) for which benefit of clergy was also denied. (fn. int1491-6) Men serving in the army were granted the usual legal protection in their absence and the right to enfeof land to the use of their wills (item 18). In an intemperate outburst against the inability of Scots to keep their word, all Scots who had not taken denizenship were ordered to leave England and Wales within forty days of a proclamation to that effect, for 'it is better to be with theym at opyn werre than under suche a feyned peas' (item 22). Grants to spiritual lords of exemption for their servants and tenants from lay subsidies were cancelled, other than those allowed by Edward IV (item 21). Only one proviso was enrolled, saving Henry's own grant to the inhabitants of Shrewsbury made early in his reign. The rationale of the bill was that the narrowing of the tax base meant that 'the pore comen people of this realme' were over-charged - a hint, perhaps, that the lay subsidy was provoking criticism.
The impending war also coloured two cases of treason dealt with late in the second session. Both indictments linked the offences with service to the king of France by suggesting, it is unclear with what degree of truth, that the conspirators were looking to Charles VIII to aid their designs. John Hayes of Tiverton, a royal receiver who had been formerly in the service of the duke of Clarence, was convicted of misprision of treason for not revealing a letter he had received from John Tailor concerning a conspiracy to put Clarence's son, the earl of Warwick, on the throne (item 15). Hayes confessed his offence and was punished with imprisonment and the forfeiture of all his offices, including those granted to him by others. A proviso to the bill limited the forfeiture to offices granted by the king, the countess of Richmond and the bishop of Exeter. There are oddities in the story as it emerges from the indictment, not least that although Hayes is said to have thrown the letter into the fire its text is given verbatim in the bill. Whatever the status of the text, however, it is clear that it was set out in the bill to make the damning connection between domestic conspiracy and the French.
The same connection is made explicitly in the attainder of Robert Chamberlain and Richard White (item 16). They were accused of plotting the death of the king at Barking (Essex) on 17 January 1491 and 24 August 1490 respectively where they 'than and there traitrously levyed guerre ayen oure seid souvereigne lord, and adhered theym traitrously to Charles the Frenche kyng'. By the time parliament met Chamberlain had been captured, tried and executed. Two unnamed others had been sent for execution with him but had been spared at the scaffold. (fn. int1491-7) One was probably White, who was to resurface as a supporter of Perkin Warbeck; an association for which he was to be executed in 1495.
The two indictments allow a glimpse of the continuing dynastic unrest in England. Chamberlain was a committed Yorkist, already under suspicion, and his approach to France was a means to an end, not an end in itself. (fn. int1491-8) But, apart from Chamberlain, the men known to have been involved in the conspiracies were minor figures. They were given such credibility as they possessed only by the possibility of foreign backing, and that was something that could be used to discredit them.
The remaining parliamentary business was relatively slight: eight individual petitions and a further six common petitions in addition to the four already discussed. In the first session the commons returned to the matter of outlawry in Lancashire, which had been a bone of contention in the later parliaments of Henry VI. As their petition rehearsed (item 3) in 1442 it had been agreed in parliament that anyone outlawed in the county should forfeit only their possessions within the county, not elsewhere, and should remain within the law, and able to pursue legal actions, everywhere outside the county. The statute was confirmed in 1453, but was revoked in 1455 'by suggescion unresonable and sinistre labours of persones not best disposed, for theyre own singuler avauntage'. Now the commons sought its reenactment and the king agreed. In the second session the matter returned, again as a petition although not specifically of the commons. The petition demanded that the statute be revoked again and claimed that the petition in the first session had been at the suit of an individual for his own benefit 'and ayenst the comen wele of all other'. It had been passed only because the knights of the shire for Lancashire and other 'noble persounes' of the same county had been absent at the time. The king, again, agreed. The opposing petitions powerfully evoke the rhetorical polarisation of private profit and the public good. But the volte face also suggests that the discussion of bills was not always very thorough.
There are no certain examples of business omitted from the roll, although it is likely that (as in the previous parliament) there was much unrecorded discussion of foreign policy. Before parliament met the mercers were planning to join forces with other companies and introduce a bill concerning 'the grete abusion of fayres, straungers and other' but nothing further is heard of it. (fn. int1491-9) The only matters of mercantile concern were the petition concerning weights and measures (an issue which was to recur) and the imposition of an extra customs charge on malmsey imported by foreign merchants in retaliation for the new charge levied on English merchants in the port of Candy (items 19, 24). The framers of the latter managed to give it a link to the current preoccupation with war by observing in the preamble that trade beyond the Straits of Gibralter accounted for the maintenance and growth of the king's navy.
Enthusiasm for war seems to have been running high but, as in 1475, expectations were to be dashed. Henry, like Edward IV, was let down by his allies and although he did invade France in the autumn of 1492 he soon made peace. The opinion throughout Europe, as among later historians, was that Henry had never been serious about the war, and the king must have been expecting criticism when he returned home. (fn. int1491-10) It had been agreed that the Treaty of Etaples should be confirmed by the English parliament within a year but Charles granted an extension of a further two years. Clearly Henry did not want to face his parliament and it was not until the three years were almost up, in September 1495, that he summoned another parliament.
Text and translation
| [p. vi-440] | |
| [col. a] | |
| [memb. 1] | |
| ROTULUS PARLIAMENTI TENTI APUD WESTM' DECIMO SEPTIMO DIE OCTOBRIS ANNO REGNI REGIS HENRICI SEPTIMI VII o UNUS ROTULUS [...] . | THE ROLL OF THE PARLIAMENT HELD AT WESTMINSTER ON 17 OCTOBER IN THE SEVENTH YEAR OF THE REIGN OF KING HENRY THE SEVENTH. ROLL ONE [...] . |
| ACTE OF PARLYAMENT INROLLED ANNO SEPTIMO HENRICI SEPTIMI. | ACT OF PARLIAMENT ENROLLED IN THE SEVENTH YEAR OF HENRY THE SEVENTH. |
| Memorandum quod die lune, decimo septimo die mensis Octobris, anno regni regis Henrici septimi post conquestum septimo, videlicet, primo die parliamenti, reverendissimus pater Johannes archiepiscopus Cantuar', cancellarius Anglie, in presencia prefati domini regis, sede regia in camera vulgariter dicta Crucis infra palacium suum Westm' sedentis, ac quamplurium dominorum spiritualium et temporalium, necnon communitatis regni Anglie, ad dictum parliamentum de mandatis regiis convocatorum, ex ipsius domini regis mandato, causas summonicionis ejusdem parliamenti egregie et notabiliter pronunciavit et declaravit, assumens pro themate: Expectavimus pacem et non est bonum, et tempus curacionis et ecce turbacio. Jeremie capitulum .xiiij. o . (fn. vi-440-3-1) In quo Gay Saluscii viri illustris in bello Jugurtino historiam lucide perlustrans, Jugurtham pre omnibus fama laborantem, sed libidine dominandi, promissis paccionibus dulcibusque eloquiis pacem pre se ferentem similatam et fictam, ac consanguineos Romanosque juramento inter se astrictos, armorum strepitu violata fide jugulantem, senatus Romanus seclusa mora punire decrevit, et suas interponere partes, suorum confederatorum neces vindicare, antequam in illud regnum Numidarum Jugurtha confirmatus esset. Eadem nobis causa belli est contra Francorum regem, qui similata fronte fide mortua nostros confederatos devicit: sed temporisare facta summe prudencie est, et negligencia temporis plurima sepenumero emergunt pericula. Sed tempus pacis belli tempore laudabilius est, nisi pax fantastica, sophistica vel diabolica fuerit: ad pacem ergo laudabilem, internam, fraternam, domesticam et supernam summarie sua dominacio reverendissima auditores invitans, omnes politicam amplexari decrevit. Quo fit ut bellum spirituale inire possumus cum apostolo, et corporale, non presumptuosum, non temerarium, non voluntarium, sed bellum corporale justum, universale et publicum. In quo quinque memorie commendanda sunt: primo, ut arma capiens sit persona non ecclesiastica; secundo, quod bellans non cupiditate nec crudelitate ulciscendi ductus sit; tercio, quod sit ex causa justa; quarto, quod sit urgente necessitate et manifesta lesione, hostibus non paratis ad satisfaciendum; quinto, quod bellum ejus fiat auctoritate qui id licentiare valeat. Quare cum princeps et rex noster Anglie invictissimus Francorum regi pacem obtulit, nec optinere valuit, precemur Deum ut in hoc justo bello felicem sortiri possit effectum. Amen. |
[The opening of parliament.] Be it remembered that on Monday, 17 October, in the seventh year of the reign of King Henry, the seventh since the conquest [1491], that is, on the first day of parliament, the most reverend father John, archbishop of Canterbury, chancellor of England, in the presence of the aforementioned lord king, sitting on the throne in the chamber commonly called the Chamber of the Cross within his palace of Westminster, and of many lords spiritual and temporal and also the commons of the realm of England assembled at the said parliament at the king's command, by order of the same lord king very clearly and memorably declared and announced the reasons for summoning the same parliament, taking as his theme: 'We hoped for peace, and find nothing good; for a time of healing, and all is disaster'. Jeremiah chapter 14. (fn. vi-440-3-1) On which matter he presented a lucid discussion of the history of the war against Jugurtha of Gaius Sallust, an illustrious man: how, because Jugurtha strove for fame above all things, but did so with a lust for rule, offering a simulated and fictitious peace, with promised agreements and mellifluous eloquence, and butchering his kinsmen and the Romans, who were bound by an oath made between them, in the tumult of war and with a broken faith, the Roman senate, after a period of delay, decided to punish him, and to commit their troops to avenge the death of their allies, before Jugurtha could be confirmed in that realm of the Numidians. We have the same reason for war against the king of the French, who with an assumed countenance and sickly faith has conquered our allies: but to suit one's actions to the time shows very great prudence, and from a lack of concern for the correct time many dangers all too often emerge. But a time of peace in time of war is most praiseworthy, unless that peace is unreal, false or diabolic: his most reverend lordship therefore, inviting his hearers to a laudable, internal, brotherly, domestic and, in short, celestial peace, resolved that all should embrace statesmanship. Through which it comes about that we can enter with the apostle into a war which is both spiritual and physical: not presumptious, not audacious, not wilful, but a physical war which is just, universal and public. In that, five things need to be remembered: firstly, that the person taking up arms is not a cleric; secondly, that the person making war is not led by greed or the cruelty of vengeance; thirdly, that it is from a just cause; fourthly, that it is in a case of urgent necessity and manifest harm, against an enemy not prepared to make amends; fifthly, that his war is waged under an authority which can sanction it. Because of which, when our most unconquered prince and king of England has offered peace to the king of the French, and has not obtained it, let us pray God that he may enjoy a happy outcome in this just war. Amen. |
| Post cujus quidem pronunciacionis et declaracionis conclusionem, idem cancellarius communibus regni tunc presentibus nomine regio dedit firmiter in mandatis, quod in domo sua communi et consueta in crastino convenirent, et unum prelocutorem suum eligerent, et sic electum eidem domino regi presentarent. | At the end of this declaration and announcement, the same chancellor, in the king's name, firmly ordered the commons of the realm then present to assemble on the following day in their common house as usual and elect one of their number as their speaker and to present the man thus elected to the lord king. |
| [col. b] | |
| Eleccio prelocutoris. | The election of the speaker. |
| Item, die martis, 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 prelocutorem suum, non nominando personam, humillime eisdem dominis deprecando, quatenus id regie intimare celsitudini dignarentur, et quando eidem domino regi dictum prelocutorem sibi presentari placeret. Super quo, prefato domino regi prius allocuto, missis a communibus extitit responsum, quod in crastina die idem dominus rex presentacionem hujusmodi prelocutoris sibi fieri vellet. | Item, on Tuesday, the second day of parliament, the aforesaid commons announced through certain of their colleagues to the lords spiritual and temporal being in the present parliament that they, executing the order of the lord king given them the previous day with all diligence, had elected an unnamed person as their speaker; humbly requesting the same lords that they should make this known to his royal highness and ask when it would please the same lord king to have the said speaker presented to him. Concerning this, when it had been discussed with the aforesaid lord king, the commons were answered that the same lord king wanted the presentation of the speaker to be made to him on the following day. |
| Presentacio prelocutoris. | The presentation of the speaker. |
| Item, die mercurii, tercio die parliamenti, prefati communes coram domino rege in pleno parliamento comparentes, presentaverunt domino regi Ricardum Empson prelocutorem suum, de quo idem dominus rex se bene contentavit. Qui quidem Ricardus, post excusacionem suam coram < domino rege > factam, pro eo quod ipsa sua excusacio ex parte ejusdem regis admitti non potuit, eidem domino regi humillime supplicavit quatenus omnia et singula per ipsum in parliamento predicto nomine dicte communitatis proferenda et declaranda, sub tali posset protestacione proferre et declarare quod si ipse aliqua sibi per prefatos socios suos injuncta, aliter quam ipsi concordati fuerint, aut in addendo vel omittendo declaraverit, ea sic declarata per predictos socios suos corrigere et emendare posset, et quod protestacio sua hujusmodi in rotulo parliamenti predicti inactitaretur. Cui per dominum cancellarium ex mandato regio extitit responsum quod idem Ricardus tali protestacione frueretur et gauderet quali alii prelocutores tempore dicti domini regis, aut temporibus nobilium progenitorum aut predecessorum ipsius domini regis, regum Anglie, in hujusmodi parliamentis uti et gaudere consueverunt. | Item, on Wednesday, the third day of parliament, the aforesaid commons, appearing before the lord king in full parliament, presented Richard Empson to the lord king as their speaker, with whom the same lord king was well satisfied. Which Richard, having made his excuse before the lord king, because that excuse could not be allowed by the same king, humbly requested the same lord king that each and every thing to be proposed and announced by him in the aforesaid parliament in the name of the said commons, he might propose and announce under the protestation that if he should announce anything enjoined on him by his aforesaid colleagues other than they had agreed, either by adding or omitting matter, that what he had to say might be corrected and amended by his aforesaid colleagues, and that his protestation might be enrolled in this way on the roll of the aforesaid parliament. To which the lord chancellor, answered, on the order of the king, that the same Richard might reap and enjoy the benefit of such a protestation as other speakers have used and enjoyed in such parliaments in the time of the said lord king or in the times of the same lord king's noble progenitors or predecessors, kings of England. |
| Et ut justicia conqueri volentibus posset celerius adhiberi, idem dominus rex certos receptores et triatores peticionum in dicto parliamento exhibendarum constituit et limitavit. | And so that justice might be done more swiftly to those wishing to complain, the same lord king appointed and specified certain receivers and triers of the petitions to be presented in the said parliament. |
| < Receptores peticionum Anglie, Hibernie, Wallie et Scocie: > | Receivers of petitions from England, Ireland, Wales and Scotland: |
| [p. vi-441] | |
| [col. a] | |
| Receptores peticionum Vasconie et aliarum terrarum et patriarum exterarum ac insularum: | Receivers of petitions from Gascony the and other lands and countries overseas, and from the Channel Islands: |
| Et qui voluerint peticiones suas deliberare ipsas porrigant citra decimum diem abhinc proximo venturum. | And those who wish to submit their petitions should hand them in within the next ten days. |
| Et assignantur examinatores sive triatores peticionum Anglie, Hibernie, Wallie et Scocie: | And these are assigned as examiners or triers of petitions for England, Ireland, Wales and Scotland: |
| - omnes insimul, aut sex prelatorum et dominorum antedictorum, advocatis sibi cancellario, thesaurario et eciam servientibus domini regis ad legem, quociens necesse fuerit. | - to act all together, or at least six of the aforesaid prelates and lords, consulting with the chancellor and treasurer, and also with the lord king's serjeants-at-law, whenever necessary. |
| Et assignantur examinatores sive triatores peticionum Vasconie et aliarum terrarum et patriarum exterarum, necnon et insularum: | And these are assigned as examiners or triers of petitions for Gascony, and other lands and countries overseas, and for the Channel Islands: |
| - omnes unanimes, vel quatuor ex prelatis et dominis supradictis, appellatis sibi cancellario et thesaurario, aceciam servientibus domini regis ad legem, cum oportunum fuerit. | - to act all together, or at least four of the abovesaid prelates and lords, calling to them the chancellor and treasurer, and also the lord king's serjeants-at-law, when appropriate. |
| Crofte. | [Thomas] Croft. |
| 1. Item, quedam billa forisfacture versus Thomam Crofte exhibita domino regi in parliamento predicto; cujus tenor, cum responsione facta eidem, sequitur in hec verba: | 1. Item, a bill of forfeiture against Thomas Croft was presented to the lord king in the aforesaid parliament; the tenor of which, with its answer, follows in these words: |
| For asmuche as Thomas Crofte commytted a detestable murdre within the marches of Wales, at the tyme of the beyng of the kynges our sovereign lordes late progresse, and therupoun is fledde, and hath taken the sayntuary of Beaudeley. Be it ordeyned, stablisshed and enacted by the kyng oure said sovereign lord, by thassent of the lordys spirituall and temporall and the comens in this present parliament assembled, and by auctorite of the same, that all lettres patentes, yiftes and grauntes made by the kyng our seid sovereign lord unto the said Thomas Crofte, of thoffice of < the > rangershipe of the forest of Whichwode in the countie of Oxon', and of every othre office and offices whiche he had, aswell within the realme of Englond as in Wales and [col. b] the marches of the same, by what so ever name or names the same Thomas Crofte be named or called in the seid lettres patentes, yiftes or grauntes, or the same offices or any of theym be named or called in any suche lettres patentes, yiftes or grauntes, be, from the first day of this present parliament, utterly voide < and > of no force, vertue ne effect. | Forasmuch as Thomas Croft committed a detestable murder within the marches of Wales during our sovereign lord the king's recent progress there, and thereupon has fled and taken sanctuary at Beaulieu. Be it ordained, decreed and enacted by our said sovereign lord the king, by the assent of the lords spiritual and temporal and the commons assembled in this present parliament, and by authority of the same, that all letters patent, gifts and grants made by our said sovereign lord the king to the said Thomas Croft of the office of ranger of the forest of Wychwood in the county of Oxford, and of every other office and offices which he had, both within the realm of England and in Wales and [col. b] its marches, by whatever name or names the same Thomas Croft is named or called in the said letters patent, gifts or grants, or the same offices, or any of them, are named or called in any such letters patent, gifts or grants, from the first day of this present parliament be entirely void and of no force, virtue or effect. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-38-1) | The king wills it. (fn. vi-440-38-1) |
| Orford. | Orford. |
| 2. Item, due communes peticiones exhibite erant dicto domino regi in parliamento predicto per communitatem regni Anglie in eodem parliamento similiter existentem; quarum tenores, cum suis responsionibus, sequuntur et sunt tales: | 2. Item, two common petitions were presented to the said lord king in the aforesaid parliament by the commons of the realm of England being in the same parliament; the tenors of which, with their answers, follow and are thus: |
| Prayen the comens in this present parliament assembled: that where within the nasse and haven of Orford in the countie of Suff', there is yerely grete multitude of spawne and broode of all maner of fysshes of the see, whiche there shuld naturally and largely increas and multiplie, if they myght by space and tyme convenient there be suffred to continue, and where in late dayes, for a singular covetise and lucre in takyng of a fewe grete fisshes, certeyn persones have used to ordeyn and sette certeyn bootes callid stallbootes, festened with ankers, havyng with theym suche maner unlefull nettes and ingynes, that aswell grete habundaunce of all maner of frie and broode of < divers > kyndes of fisshe, in the said haven multiplied, as grete fisshes unseosonable have be takene and destroied; < with whiche fisshe and > broode so taken, the seid persones with < grete > parte therof have fedde their hogges, and the residue therof they buried in grete pittes in the grounde, in eschewing of grete infeccions of ayer, whiche hath of long tyme caused grete scarcite and bareynes of fissh in that countre, to the grete hurte and impoverysshing of your people, whiche in tymes past had grete plente. Wherfor, aswell for the grete profite of your subgettis and inhabitauntes nygh adjoynyng to the said nasse and havyn, as for the grete profite and comforte of all < youre > subgettis and inhabitauntes within the counties of Norff' and Suff', by auctorite of your parliament holden at Westm', the .xiij. day of Januarie, the .iiij. th yere of your most noble reign, yt was enacted, ordeyned and establisshed by auctorite of the same parliament, that all suche stallebotes, nettes and ingynes aforeseid, frome the first day of Aprill that was in the yere of oure lord God .mcccclxxxx., shuld not be occupied nor used for the destroying or taking of any frye or broode of fysshe within the haven or nasse aforeseyd, uppon peyn of forfeiture of .x.li., at every tyme that any person shuld happyn to do contrarie to that seid ordenaunce; the one half therof to be to your highnes, and the oder half to hym that shuld happyn to fynde the seid forfeiture, and shewe the same in your escheker by informacion, there to be determyned after the cours of the same court. And over that, yt was ordeyned by auctorite of your parliament aforeseid that the justices of peas of the seid counties of Norff' and Suff' for the tyme being shuld have auctorite and power to inquere in their severall sessions, of all the botes, nettes and ingynes used and occupied contrarie to the seid ordenaunce, and the offenders therin before theym presented to punyssh, as by their discrecions shuld be thought laufull and resonable; and that the seid acte and ordinaunce shuld endure and take effect till the begynnyng of the next parliament ensuyng, as by the same acte more pleynly apperith. (fn. vi-440-42-1) By force of which acte and ordenaunce, the seid stalle botes, nettes and ingynes have be hidderto withdrawen and abated, and grete plente of fysshe, frye and broode of fysshe hath in this meane tyme gretly [p. vi-442][col. a] be multiplied and encreased, to the grete profite, comforte and releef, aswell to the people of the seid counties of Norff' and Suff' as to the people of many oder contrees, as well apperith by opyn experience, and yet more largely shall encreace by fyrder continuance. And forasmoche as the seid acte of parliament was ordeyned no fyrder to stand in effect, then to the first day of this present parliament, pleas it therfore your most noble grace, by thadvyce and assent of the lordes spirituall and temporall in this present parliament assemblid, and by auctorite of the same, in consideracion of the premysses, to ordeyne, establissh and enacte that the seid acte and ordenaunce, in the seid last parliament made and ordeyned, may alwey stand and contynewe and endure in perfite strenght and effecte. | The commons assembled in this present parliament pray that where within the ness and haven of Orford in the county of Suffolk, there is yearly a great multitude of spawn and fry of all kinds of sea fish, which would naturally and greatly increase and multiply there if they were allowed to stay there long enough, and where recently, for private covetousness and profit in taking a few large fish, some people have placed and set certain boats called stall boats fastened with anchors, equipped with such unlawful nets and devices that a great abundance of all kinds of fry and spawn of various kinds of fish which have multiplied in the said haven, as well as large fish out of season, have been taken and destroyed; the said persons have fed their pigs with a great part of the fish and spawn so taken, and the rest they have buried in great pits in the ground to avoid serious infections of the air, which for a long time has caused a great scarcity and want of fish in that region, to the great harm and impoverishment of your people, who in times past had great plenty. Wherefore, for the great profit of your subjects and inhabitants near the said ness and haven as well as for the great profit and comfort of all your subjects and inhabitants within the counties of Norfolk and Suffolk, by authority of your parliament held at Westminster on 13 January in the fourth year of your most noble reign [1489], it was enacted, ordained and decreed by authority of the same parliament that from 1 April 1490 all such aforesaid stall boats, nets and devices should not be employed or used for destroying or taking any fish fry or spawn within the aforesaid haven or ness, upon pain of forfeiting £10 every time that any person goes against that said ordinance; one half of it to go to your highness, and the other half to him who happens to find the said forfeiture and shows it by information in your exchequer, to be determined there after the process of the same court. And moreover, it was ordained by authority of your aforesaid parliament that the justices of the peace of the said counties of Norfolk and Suffolk at the time should have authority and power to inquire in their various sessions into all the boats, nets and devices used and employed contrary to the said ordinance, and to punish the offenders presented before them, as should be thought lawful and reasonable at their discretion; and that the said act and ordinance should endure and take effect until the beginning of the next parliament, as more fully appears by the same act. (fn. vi-440-42-1) On the strength of which act and ordinance, the said stall boats, nets and devices have hitherto been withdrawn and discontinued, and a great abundance of fish and fish fry and spawn have greatly multiplied and increased in the meantime, [p. vi-442][col. a] to the great profit, comfort and relief of the people of the said counties of Norfolk and Suffolk as well as of the people of many other regions, as clearly appears by public experience, and shall increase yet more if this is further continued. And because the said act of parliament was ordained to remain in effect only until the first day of this present parliament, may it therefore please your most noble grace, by the advice and assent of the lords spiritual and temporal assembled in this present parliament, and by authority of the same, in consideration of the things stated, to ordain, decree and enact that the said act and ordinance, made and ordained in the said last parliament, may always stand, continue and endure in its full strength and effect. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-46-1) | The king wills it. (fn. vi-440-46-1) |
| < An acte that noe persons outlawed within the county of Lancaster should forfeyt any of his landes or goodes in any other shire, but in the same shire. > | An act that no outlawed person within the county of Lancaster shall forfeit any of his lands or goods in any other county, but only in the same county. |
| 3. To the kyng oure liege lord prayen the comens in this present parliament assembled: that where in the parliament holdene at Westm' in the .xx. yere of the reign of your noble uncle of blessid memory, Kyng Henry the .vi. te , it was ordeyned by auctorite of the same parliament that noon of his lieges ayenst whom an exigent shuld be awarded or utlarie pronounced, atte sute of the king or atte sute of partie, in any tyme then to comme, in the countie of Lancastr', shuld forfeite any < of his > goodis or catallis, londis or tenementis in any othre shire, but onely the goodes or catelles, londis and tenementis the whiche the persones so outlawed, or they ayenst whom suche exigent shuld be awarded in the seid countie of Lancastr', have in the same countie; and that by reason of any suche outlawry, atte sute of the king or atte sute of any othre persone, pronounced within the seid countee of Lancastr', shuld not be barred ne disabled of any maner accion, ner to clayme any maner of enheritaunce oute of the same countie, ner disabled to pursewe eny maner accion oute of the same countie, notwithstanding suche outlarie ayenst him pronounced: whiche statute was ordeyned and made to endure for certeyn yeres. (fn. vi-440-49-1) And aftirward in a parlement holden at Redyng in the .xxxi. yere of < the reign > of youre seid noble uncle, it was thought by the comens then the seid statute to be right necessarie, resonable and profitable, at their speciall request and desire, it was ordeyned and stablisshed, by auctorite of the same parlement, that the forseid statute made the seid .xx. yere shuld be in his force and vertue, fro thens perpetuelly to endure: (fn. vi-440-49-2) yet notwithstanding, in a parlement holden at Westm', the .xxxiij. yere of the same King Henry the .vi. te , by suggescion unresonable and sinistre labours of persones not best disposed, for theyre own singuler avauntage, it was ordeyned and graunted that the seid statute at Redyng made shuld be adnulled and voide, (fn. vi-440-49-3) to the grete prejudice, grugge, singuler hurte and jeopardie of all your seid true lieges and comens, oute of the seid shire of Lancastr' inhabiting. | 3. To the king our liege lord the commons assembled in this present parliament pray that where in the parliament held at Westminster in the twentieth year of the reign of your noble uncle of blessed memory, King Henry VI [1442], it was ordained by authority of the same parliament that none of his lieges against whom an exigent should be awarded or outlawry pronounced, whether at the suit of the king or at the suit of party, in the future, in the county of Lancaster, should forfeit any of his goods or chattels, lands or tenements in any other county, but only the goods or chattels, lands and tenements which the persons so outlawed or against whom such exigent should be awarded in the said county of Lancaster, have in the same county; and that by reason of any such outlawry, whether at the suit of the king or at the suit of any other person, pronounced within the said county of Lancaster, they should not be barred from or rendered unable in any manner of action, or from claiming any inheritance outside the same county, or unable to pursue any manner of action outside the same county, notwithstanding any such outlawry pronounced against them: which statute was ordained and made to endure for a certain number of years. (fn. vi-440-49-1) And afterwards in a parliament held at Reading in the thirty-first year of the reign of your said noble uncle [1453], since the said statute was then thought by the commons to be most necessary, reasonable and profitable, it was ordained and decreed at their special request and desire, by authority of the same parliament, that the aforesaid statute made in the said twentieth year should thereafter endure forever in its force and virtue. (fn. vi-440-49-2) Yet notwithstanding this, in a parliament held at Westminster in the thirty-third year of the same King Henry VI [1455], by the unreasonable suggestion and underhand prompting of persons not best disposed, for their private advantage, it was ordained and granted that the said statute made at Reading should be annulled and made void, (fn. vi-440-49-3) to the great prejudice, wrong, personal harm and danger of all your said true lieges and commons living outside the said county of Lancaster. |
| Wherfor please it your highnesse, of youre moost habundaunt grace, for the wele and suertie of your seid comens, that by auctorite of this present parlement it may be stablisshed, ordeyned and enacted that aswell the seid statute made the .xx. yere aforseid as the same statute made at Redyng the seid .xxxi. yere, be and stand in his full force and effecte, fro the first day of Septembre, the .vi. yere of your most noble reigne, perpetuelly to endure; the seid adnullacion in the parlement holden the seid .xxxiij. yere made notwithstanding; and your seid true comens shall pray to God for the preservacion of your moost noble and roiall estate. | Wherefore may it please your highness, of your most abundant grace, for the weal and surety of your said commons, that it be decreed, ordained and enacted by authority of this present parliament that the said statute made in the aforesaid twentieth year as well as the same statute made at Reading in the said thirty-first year, shall be and remain in their full force and effect from 1 September in the sixth year of your most noble reign [1490], to endure forever; notwithstanding the said annulment made in the parliament held in the said thirty-third year; and your said true commons shall pray to God for the preservation of your most noble and royal estate. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-53-1) | The king wills it. (fn. vi-440-53-1) |
| [col. b] | |
| [memb. 2] | |
| Concessio .xv. me . | The grant of a fifteenth. |
| 4. Item, communes in presenti parliamento existentes, et coram domino rege in pleno parliamento comparentes, per prelocutorem suum presentarunt dicto domino regi quandam indenturam, concessionem certarum quintarumdecimarum et decimarum specificantem. Cujus quidem indenture tenor sequitur sub hac forma: | 4. Item, the commons in the present parliament, appearing before the lord king in full parliament by their speaker, presented to the said lord king a certain indenture, detailing the grant of certain fifteenths and tenths. The tenor of which indenture follows in this form: |
| To the wurshipe of God, we your comens by your high commaundement commen to this your present parlement for the shires, citees and burghes of this your noble realme, calling to our remembraunce the grete continued zele, love and tendirnes whiche your roiall persone hath to defend this your realme and all your subgettis of the same, not eschewing any jeopardie or perill that myght ensue to the same your roiall persone, as right largely on your behalf afore this tyme in this youre seid parlement hath ben opened and shewed unto us; and that ye verily intending, as we undirstand, to aredie your self by all meanes to you possible for that cause in your moste noble persone to goo, departe and passe, and to invade upon your and our auncien ennemyes with an armee roiall, to and in the parties outeward over and beyond the see, to subdue by the myght of God your and our seid auncien ennemyes, to the wele of you and prosperite of this your realme, so þat your seid highnes myght have theryn of us your seid comens lovyng assistence, for the whiche, we your seid comens, by thassent of the lordis spirituall and temporall in this your present parlement assembled, graunten by this present indenture to you, our sovereign liege lord, for the necessarie defence of this your seid realme, as your seid true subgettis of the same, .ij. hoole .xv. mes and .x. mez , to be had, paied, taken and levied of the movable goodes, catelles and othre thinges usuelly to suche .xv. mes and .x. mes contributory and chargeable within the shires, citees, burghes and townes and othre places of this your seid realme, in maner and fourme afore tyme used; excepte the somme of .xij m .li. therof fully to be deducte, that is to sey, .vi m .li. of either of the said .ij. hoole .xv. mes and .x. mez of the somme that a .xv. me and .x. me atteyneth unto, in relief, comfort and discharge of the pore townes, citees and burghes of this your seid realme, wasted, desolate or destroied or overgretely impoverysshed, or ellis to suche .xv. me and .x. me overgretly charged; the same somme of .xij m .li. of the seid .ij. hoole .xv. mes and .x. mes , that is to sey, severally for every of the seid .xv. mez and .x. mez .vi m .li., aftir suche rate as was afore this tyme < made > to every shire, to be divided in suche maner and fourme, as in and upon the last graunte unto your highnes as for oon .xv. me and .x. me was had and divided. Excepte also, that the laie pepull and inhabitauntes within the shire of the citie of Lincoln, suburbes and procincte therof, and the laie pepull and inhabitauntes within the town of Grete Yernemuth in the shire of Norff', or either of theym, or eny of theym, for the goodes and catelles and othre thinges of theirs, beyng within the seid shire of the seid citie of Lincoln, the suburbes and procincte therof, or within the seid towne of Grete Yernemuth and the procincte therof, to the payment of the seid .ij. hoole .xv. mez and .x. mez , or eny parte therof, in eny wise be not arted nor compellid; but that they and every of theym in the fourme aboveseid, of this graunte, and every parte therof, be utterly quite and discharged. Excepte also, that the laie pepull and inhabitauntes within the borough of Newe Shoreham in the shire of Sussex, nowe gretely wasted by the see, to the payment of the seid .ij. hoole .xv. mes and .x. mes , or eny parte therof, concernyng the movable goodes and catelles or othre thinges of the laie pepull, inhabitauntes within the seid burgh of Newe Shoreham beyng, beforce of this graunte be not arted ner compelled, but be therof utterly quite and discharged. Also forseen that this [p. vi-443][col. a] present graunte extend not, ner in any wise be prejudiciall, to the maire, baillifs and cominaltie, ner their successours, of the towne of Cambrigge, as to or for eny othre charge for eny .xv. me and .x. me , as is aforseid, but aftir the rate that was sette by an acte made by auctorite of a parlement holden in the thirde yere of the reign of King Edward the .iiij. th , that is to sey, .xx.li. to the graunte of every hoole .xv. me and .x. me : but that they of eny othre gretter charge than in the seid acte is specified, be and stand utterly quite and discharged; (fn. vi-440-57-1) this present graunte notwithstanding. The seid .ij. hoole .xv. mes and .x. mes , the excepcions and deduccions aforseid therupon had, to be paied in maner and fourme folowing: that is to say, the oon hoole .xv. me and .x. me , to be paied the first day of Aprill next commyng, the othre < second hoole > .xv. me and .x. me to be paied in the fest of Seynt Martyn in wynter whiche shalbe in the yere of our lord God .mcccclxxxxij. And over this, if youre seid roiall persone goe, departe, passe and invade upon your and our seid auncien ennemyes with your seid armee roiall, to and in the parties over and beyond the see, for the causes aforseid, and also if youre seid noble persone or armee there so continue aftir your arryvall in the seid parties beyond the see, by the space of .viij. monethes then next folowing; we your seid comens, by the seid assent, graunten than to you, our seid sovereign lord, by this present indenture, for the necessarie defence aboveseid, oon othre hoole .xv. me and .x. me , over and beside the seid othre .ij. .xv. mes and .x. mes , to be had, paied, taken and levied of the moevable goodes, catelles and othre thinges usuelly to suche .xv. me and .x. me contributory and chargeable, within the shires, citees, burghes, townes and othre places of this your seid realme, in maner and fourme afore tyme used; excepte the somme of .vi m .li. of the seid .xv. me and .x. me , therof fully to be deducte, that is to sey, of the somme that the said .xv. me and .x. me atteyneth unto, in relief and discharge of the pore townes, citees and burghes of this your seid realme, wasted, desolate or destroyed or overgretly impoverysshed, or ellis to suche .xv. me and .x. me overgretly charged; the same somme of .vi m .li., aftir suche rate as was afore this tyme [...] made to every shire, to be divided in suche maner and fourme, as in and upon the laste graunte unto your highnes as for oon .xv. me and .x. me was had and divided. Except also that the laie pepull and inhabitauntes within the shire of the citie of Lincoln, suburbes and procincte therof, and the laie pepull and inhabitauntes within the towne of Grete Yernemuth in the shire of Norff', or either of theym, or eny of theym, for the goodes and catelles and othre thinges of theirs, beyng within the seid shire of the seid citie of Lincoln, the suburbes and procincte therof, or within the seid town of Grete Yernemuth and procincte therof, to the payment of the seid thirde .xv. me and .x. me , or eny parte therof, in eny wise be not arted ner compelled; but that they and every of theym in the fourme aboveseid, of this graunte, and every parte therof, be utterly quite and discharged. Except also that the laie pepull and inhabitauntes within the borough of Newe Shoreham in the shire of Sussex, nowe gretly wasted by the see, to the payment of the seid last .xv. me and .x. me , or eny parte therof, concernyng the movable goodes and catelles and othre thinges of the laie pepull, inhabitauntes within the seid borough of Newe Shoreham beyng, beforce of this graunte be not arted ner compelled, but be therof utterly quite and discharged. Also foreseen that this present graunte extend not ner in eny wise be prejudiciall to the maire, baillifs and cominaltie, ner their successours, of the town of Cambrigge, as to or for eny othre charge for eny .xv. me and .x. me , as is aforseid, but aftir the rate that was sette by an acte made by auctorite of [col. b] a parlement holden in the third yere of the reign of King Edward the fourth, that is to sey, .xx.li. to the graunte of every hoole .xv. me and .x. me : but that they of eny othre gretter charge than in the seid acte is specified, be and stond utterly quite and discharged; this present graunte notwithstanding. The seid third .xv. me and .x. me , condicions, excepcions and deduccions aforseid therupon forseen, had and preserved, to be paied in maner and fourme folowing: that is to sey, in the fest of Seynt Martyn in wynter whiche shall be in the yere of oure lord God .mcccclxxxxiij. And over this, be it ordeyned by auctorite of this present parlement that no persone commen by your high commaundement to this your present parlement for eny shire, citie, borough, porte or othre place of this your realme, clerkis and ministres upon the same attending, be in eny wise made collectour of the seid .xv. me and .x. me , or eny parte of theym or eny of theym, but of suche colleccion be utterly quite and discharged; and that no persone that was collectour of the last .xv. me and .x. me , nexte afore this present parlement to your highnes graunted, be made collectour of the nexte .xv. me and .x. me by this present indenture graunted, nor be arted or compelled in that behalf to make eny colleccion of the same, but for their labour by theym before tyme doon, be of the next colleccion utterly quite and discharged; and also that no collectour be charged of eny colleccion of .ij. .xv. mes and .x. mes togiders, oon ymmediatly suyng anothre, by this present indenture graunted. And ferther be it ordeyned by the seid auctorite that suche collectours and every of theym, as shalbe assigned for the colleccion of the seid .xv. mes and .x. mes , upon the making of their accomptes in your escheker, be quite and discharged in the same escheker for payment of all maner fees and rewardes there to be asked, concernyng the same accomptes and every parte therof; and also that the seid collectours, and every of theym, have like allowance upon their accomptes of fees, wages and rewardes for their colleccion of the seid .xv. mes and .x. mes , and in as large maner and fourme as eny collectour or collectours of suche .xv. mes and .x. mes have had at eny season in tyme passed. And also, be it ordeyned by thauctorite aforseid that if eny of the knyghtis of eny of the shires, or eny citezin or burgeis commen to this present parlement, or eny othre persone havyng auctorite to name eny collectours, take eny money or othre reward for sparing or forbering to make eny persone or persones collectour or collectours for gedering of the seid .xv. mes and .x. mes by this acte graunted, that then, that sufficiently proved before the chaunceller of Englond for the tyme beyng, by examinacion, proves or othrewise, that the same chaunceller < þen shall > have auctorite, and to commytte every of the said < knyghtis > of the shire, citezins and burgeises, and every othre persone havyng the auctorite aforseid, so founde in that defaute, to warde, there to remayn aftir the discrecion of the seid chaunceller and unto the tyme they have satisfied the partie, .x. tymes so much of his or their receites or rewardes, and ferthir to do by his discrecion, [...] unto the tyme that he or they have made fyne to the kyng for the contempt. And also be it ordeyned by the seid auctorite that the seid knyghtis for every shire certifie in to your chauncery the names of all suche persones as by theym in every shyre shalbe deputed to be collectours of the seid first hoole .xv. me and .x. me , on thisside the oeptas of the fest of Purificacion of Our Lady nowe next commyng, and for the othre .ij. .xv. mes and .x. mes , to be certified on thisside the mois of Ester then next folowing. And for asmuche as diverse collectours afore this tyme, in < certeyn > shires and othre places of this your realme, have refused and wold [p. vi-444][col. a] not make deduccion and abatement, as it was sette, had and made, according to the graunte therof, but the hoole sommes of .xv. me and .x. me upon divers townes and boroughs lymyted and sette, have levied and rered, to the grete grugge and hurte of the inhabitauntes of the seid townes and othre places, and the sommes of suche deduccion and abatement by theym so levied, to their propre use in divers places wrongfully have applied, it is therfor, by the seid advyse and assent, ordeyned that if any of the collectours for the levie of the seid .xv. mes and .x. mes nowe graunted deputed, refuse to allowe eny deduccion or abatement before tyme allowed and made, and reare more somme then in that partie owe to be areared, in or upon eny town or place, that then every of the justices of the peas of the shire or othre place where suche hurte or wronge shall happe to be doon, at the compleynt of the constable or othre officer of the seid town or place, in the name of any partie so hurted or wronged, have power to here and determine suche compleynt, aswell by examinacion as by bille or othrewise, and therin to doo as by him shalbe thought convenient and resonable for the punyshement of the same. | To the worship of God, we your commons come by your high commandment to this your present parliament for the counties, cities and boroughs of this your noble realm, calling to mind the great continued zeal, love and tenderness which your royal person has towards the defence of this your realm and all your subjects of the same, not avoiding any danger or peril which might befall your same royal person, as has previously been displayed and shown to us most fully on your behalf in this your said parliament, and that you truly intend, as we understand, to prepare yourself by all means possible to go, depart and pass in your most noble person to foreign lands overseas, and to invade your and our ancient enemies with a royal army, to subdue by the might of God your and our said ancient enemies, to your weal and the prosperity of this your realm; if your said highness might have the loving assistance of us, your said commons, for which, we your said commons, by the assent of the lords spiritual and temporal assembled in this your present parliament, by this present indenture grant to you, our sovereign liege lord, for the necessary defence of this your said realm, as your said true subjects of the same, two whole fifteenths and tenths, to be had, paid, taken and levied on the movable goods, chattels and other things usually contributory and liable to such fifteenths and tenths within the counties, cities, boroughs, towns and other places of this your said realm, in the customary manner and form; except the sum of £12,000 to be fully deducted from the same, that is to say, £6,000 from each of the said two whole fifteenths and tenths from the total to which a fifteenth and tenth attains, for the relief, comfort and discharge of the poor towns, cities and boroughs of this your said realm, which are wasted, desolate, destroyed or excessively impoverished, or else too over-burdened with such a fifteenth and tenth; the same sum of £12,000 from the said two whole fifteenths and tenths, that is to say, £6,000 separately from each of the said fifteenths and tenths at the rate previously assigned to every county, to be divided in the manner and form used and divided for one fifteenth and tenth in and upon the last grant to your highness. Except also that the lay people and inhabitants of the county of the city of Lincoln, and its suburbs and precincts, and the lay people and inhabitants of the town of Great Yarmouth in the county of Norfolk, or each of them, or any of them, for their goods, chattels and other things in the said county of the said city of Lincoln, and its suburbs and precincts, or in the said town of Great Yarmouth and its precincts, shall not be forced or compelled in any way to the payment of the said two whole fifteenths and tenths, or any part of them; but that they and each of them, in the aforesaid form, shall be entirely quit and discharged of this grant, and every part of it. Except also that the lay people and inhabitants of the borough of New Shoreham in the county of Sussex, now greatly wasted by the sea, shall not be forced or compelled to the payment of the said two whole fifteenths and tenths, or any part of them, for the movable goods and chattels or other things of the lay people living in the said borough of New Shoreham, on the strength of this grant, but shall be entirely quit and discharged of it. Also provided that this [p. vi-443][col. a] present grant shall not extend or be prejudicial in any way to the mayor, bailiffs and commonalty, or their successors, of the town of Cambridge, as to or for any other charge for any fifteenth and tenth, as is aforesaid, but only at the rate set by an act made by authority of a parliament held in the third year of the reign of King Edward IV [1463], that is to say, £20 at the grant of every whole fifteenth and tenth: but that they shall be and remain entirely quit and discharged of any other greater charge than is specified in the said act; (fn. vi-440-57-1) notwithstanding this present grant. The said two whole fifteenths and tenths, with the aforesaid exceptions and deductions, shall be paid in the following manner and form: that is to say, one whole fifteenth and tenth to be paid on 1 April next, and the other second whole fifteenth and tenth to be paid at Martinmas 1492. And moreover, if your said royal person goes, departs, passes and invades your and our said ancient enemies with your said royal army, to and in regions overseas, for the aforesaid reasons, and also if your said noble person or army remains there after your arrival overseas for the following eight months, we your said commons, by the said assent, then grant to you, our said sovereign lord, by this present indenture, for the aforesaid necessary defence, one other whole fifteenth and tenth over and above the said other two fifteenths and tenths, to be had, paid, taken and levied from the movable goods, chattels and other things usually contributory and liable to such fifteenths and tenths within the counties, cities, boroughs, towns and other places of this your said realm, in the customary manner and form; except the sum of £6,000 to be fully deducted from the said fifteenth and tenth, that is to say, from the sum to which the said fifteenth and tenth attains, to the relief and discharge of the poor towns, cities and boroughs of this your said realm, which are wasted, desolate, destroyed or too greatly impoverished, or else too greatly charged with such a fifteenth and tenth; the same sum of £6,000, at such a rate as was previously made to every county, to be divided in the manner and form used and divided in and upon the last grant for one fifteenth and tenth made to your highness. Except also that the lay people and inhabitants of the county of the city of Lincoln, and its suburbs and precincts, and the lay people and inhabitants of the town of Great Yarmouth in the county of Norfolk, or each of them, or any of them, for their goods, chattels and other things in the said county of the said city of Lincoln, and its suburbs and precincts, or in the said town of Great Yarmouth and its precincts, shall not be forced or compelled in any way to the payment of the said third fifteenth and tenth, or any part of it; but that they and each of them shall be entirely quit and discharged of this grant, and every part of it, in the aforesaid form. Except also that the lay people and inhabitants of the borough of New Shoreham in the county of Sussex, now greatly wasted by the sea, shall not be forced or compelled to the payment of the said last fifteenth and tenth, or any part of it, for the movable goods and chattels and other things of the lay people living in the said borough of New Shoreham, on the strength of this grant, but shall be entirely quit and discharged of it. Also provided that this present grant shall not extend or be prejudicial in any way to the mayor, bailiffs and commonalty, or their successors, of the town of Cambridge, as to or for any other charge for any fifteenth and tenth, as is aforesaid, but only at the rate set by an act made by authority of [col. b] a parliament held in the third year of the reign of King Edward IV, that is to say, £20 at the grant of every whole fifteenth and tenth: but that they shall be and remain entirely quit and discharged of any other greater charge than is specified in the said act; notwithstanding this present grant. The said third fifteenth and tenth, with the aforesaid conditions, exceptions and deductions, to be paid in the following manner and form: that is to say, at Martinmas 1493. And moreover, be it ordained by authority of this present parliament that no person who has come by your high commandment to this your present parliament for any county, city, borough, port or other place of this your realm, or any clerk or official attending upon the same, shall be made a collector of the said fifteenth and tenth, or any part of them or any of them in any way, but shall be entirely quit and discharged of such collection; and that no person who was a collector of the last fifteenth and tenth granted to your highness before this present parliament shall be made a collector of the next fifteenth and tenth granted by this present indenture, or be forced or compelled in that matter to make any collection of the same, but shall be entirely quit and discharged of the next collection in return for their previous efforts; and also, that no collector shall be charged with the collection of two fifteenths and tenths together, one immediately following another, granted by this present indenture. And be it further ordained by the said authority that such collectors, and each of them, as shall be assigned to collect the said fifteenths and tenths, upon rendering their accounts in your exchequer, shall be quit and discharged in the same exchequer of the payment of all fees and rewards asked there with regard to the same accounts and every part of them; and also that the said collectors, and each of them, shall have the same allowance upon their accounts for fees, wages and rewards for their collection of the said fifteenths and tenths, and in as full a manner and form as any collector or collectors of such fifteenths and tenths had at any time in the past. And be it also ordained by the aforesaid authority that if any of the knights of the shires, or any citizen or burgess who has come to this present parliament, or any other person having authority to nominate any collectors, takes any money or other reward for sparing or forbearing to make any person or persons a collector or collectors for gathering the said fifteenths and tenths granted by this act, then, when it has been adequately proved before the chancellor of England at the time, by examination, proofs or otherwise, the same chancellor shall have authority to commit to custody each of the said knights of the shire, citizens and burgesses, and every other person with the aforesaid authority found to be at fault, to remain there at the discretion of the said chancellor until they have satisfied the party with ten times as much from his or their receipts or rewards, and to do more at his discretion, until he or they have made fine to the king for the contempt. And be it also ordained by the said authority that the said knights for every shire shall certify in your chancery the names of all such persons as shall be appointed by them in every county to be collectors of the said first whole fifteenth and tenth, before the octave of the feast of the Purification of our Lady next, and names for the other two fifteenths and tenths are to be certified before the month after the following Easter. And forasmuch as various collectors in certain counties and other places of this your realm, have previously refused to [p. vi-444][col. a] make the deduction and abatement set, had and made, according to its grant, but have levied and raised the whole sums of fifteenths and tenths fixed and imposed upon various towns and boroughs, to the great injury and harm of the inhabitants of the said towns and other places, and have wrongfully applied the deducted and abated sums so levied by them to their own use in various places, it is therefore, by the said advice and assent, ordained that if any of the collectors appointed to levy the said fifteenths and tenths now granted, refuses to allow any deduction or abatement previously allowed and made, and raises more money than ought to be raised in that region, in or upon any town or place, then each of the justices of the peace of the county or other place where such harm or wrong shall be done, at the complaint of the constable or other officer of the said town or place, in the name of any party so harmed or wronged, shall have power to hear and determine the complaint, by examination as well as by bill or otherwise, and to do what he thinks appropriate and reasonable for its punishment. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy, enmerciant a cez comenz de lour boen curz enfaisantz lez grauntz suisditz, mesmez lez grauntes, ovecqe toutz les articles en ycell contenuz, ad excepte et graunte. (fn. vi-440-60-1) | The king, thanking his commons for their good hearts in making the aforesaid grants, has accepted and granted the same grants, with all the articles contained in them. (fn. vi-440-60-1) |
| Prorogacio parliamenti. | Prorogation of parliament. |
| Post cujus quidem indenture presentacionem prefato domino regi per communes prefatas, quarto die Novembris et quintodecimo die hujus parliamenti factam, dominus cancellarius Anglie, ex parte regia, congratulando dominis et communibus hic presentibus de eorum gratuito et benivolo animo in faciendo concessiones predictas ac pro diligenti attendencia sua in parliamento predicto, pro eo quod morbo pestis < loca vicina > tunc circum vallante, plura et diversa negocia bonum publicum hujus regni concernencia, in presenti parliamento mota, concludi minime poterant nec terminari, ex mandato regio presens parliamentum usque vicesimum sextum diem Januarii proximo futurum duxit prorogandum, et illud realiter prorogavit: premuniens omnibus quorum interfuit essendi apud Westm', ad diem predictum, locis consuetis, quavis postposita excusacione, ad communicandum super negociis antedictis, et aliis que ex eorum communi assensu pro bono publico, Deo auxiliante, contigerint ordinari. | After the presentation of which indenture to the aforesaid lord king by the aforesaid commons made on 4 November, the fifteenth day of this parliament, the lord chancellor of England, on behalf of the king, thanking the lords and commons present for their pleasing and generous spirit in making the aforesaid grants, and for their diligent attendance at the aforesaid parliament, conveyed at the king's command that the present parliament should be prorogued until 26 January next, because, due to the plague then besetting the surrounding districts, a great variety of business concerning the public good of this realm, moved in the present parliament, could not be concluded or determined, and he did indeed prorogue it: ordering everyone concerned that they should assemble on the aforesaid day at Westminster, in their usual places, without any excuse, to discuss the abovesaid business, and other things which, with God's help, might be ordained by their common assent for the public good. |
| Resumpcio parliamenti. | Resumption of parliament. |
| Memorandum quod die jovis, vicesimo sexto die Januarii, anno regni regis Henrici septimi septimo, ad quem diem presens parliamentum fuit prorogatum, dominus rex, ac tres status regni quorum interfuit in presenti parliamento, apud Westm', locis consuetis, juxta mandatum dicti domini regis eis ut predicitur injunctum, negocia dicti parliamenti tractaturi convenerunt; et sic de die in diem usque quintum diem Marcii extunc proximo sequentem. | Be it remembered that on Thursday, 26 January in the seventh year of the reign of King Henry VII [1492], to which day the present parliament had been prorogued, the lord king and the three estates of the realm in the present parliament, assembled at Westminster, in their usual places, according to the said lord king's command enjoined on them as aforesaid, to deal with the business of the said parliament; and thus from day to day until the following 5 March. |
| De feoffamento regio. | Concerning a royal enfeoffment. |
| 5. Item, quedam billa, formam cujusdam actus in se continens, de feoffamento per dominum regem facto, edita est in parliamento predicto; cujus tenor, cum responsione facta eidem, sequitur et est talis: | 5. Item, a bill containing the text of a certain act concerning an enfeoffment made by the lord king was issued in the aforesaid parliament; the tenor of which, with its answer, follows and is thus: |
| For somoche as it is notoriously knowen hou the kyng, to his grete cost and charge, hath sent divers ambassiates to his auncien enemy of Fraunce, to have had a perfite peax betwixt theym, wherby he trusted to have sette his realme in tranquillite and peax, whiche was refused, and undre that feyned tretie, hath < opteyned > [col. b] the duchie of Britayn, and intendith ferther to annoye othre parties that be with the kyng in aliaunce, and so by land and water in his mynd to distroie this realme, trusting, by long continuance of werre, to waste and so empovrish this lond that it shall not be in power to defend him. Wherfor, for the suertie and defence of this his realme, and subgettis of the same, he hath determined him self, with the grace of God, to take his voiage in to his realme of Fraunce, trusting in God, sithen he is thus compelled for the suertie of this his seid realme, to reduce his realme of Fraunce to his possession, according to his right and title. Yit his highnes remembreth as a Cristen prince hou deth is due to every creature born in this world, and the tyme therof uncerteyn, and that every gode < dede here or in a nothre > world shalbe rewarded, and every evill dede to be punysshed, entendith to provide and ordeyn hou his dettis may be paied and his children unavaunced to be preferred, dedis of charite and memorialles to be doon for him, to the laude and honour of God and for the wele of his soule. And hou be it that by his lawe he may put in feoffement for the perfourmyng of his last will, aswell suche honours, castelx, lordships, manoirs, londis, tenementes, and othre his possessions, as he is seised of in the right of his crowne as othirwise, yit his highnes semeth most convenient and consonaunt to preserve the possessions of the crowne hoolly and entierly, without any severaunce or decreasing therof, and for thencreasing of the possession of the croun of Englond, he to his grete charge hath purchaced to him, and his heires of his body begoten, many grete hounours, lordships, maners, possessions, londis and tenementes, of grete and notable yerely value, as apperith by divers matiers of record, whiche his seid heires kingis of Englond shall have and enjoye. And for the perfite execucion, stablishment and perfourmyng of his said last wille, his highnesse, the .xx. day of Feverer, the .vij. yere of his reign, by thadvyse and assent of the lordis spirituall and temporell and commons in this present parlement assembled, and by auctorite of the same, willeth, ordeyneth and enacteth that John archbisshope of Caunterbury, primate and chaunceller of all Englond, Thomas archbisshope of < York, Jasper > duc of Bed', Peers bisshope of Winchestre, John bisshope of Ely, Richard bisshope of Exon', Edmond bisshope of Rouchestr', Thomas erle of Arundell, John erle of Oxonford, George erle of Shrowesbury, Thomas erle of Surrey, John Vicount Welles, John Lord Dynham, tresourer of Englond, knyght, Giles Lord Daubeney, knyght, William Huse, knyght, Oliver Kyng, clerk, John Cheyne, knyght, Gilbert Talbot, knyght, Thomas Mountgomerey, knyght, Reynold Bray, knyght, John Savage, knyght, James Blount, knyght, Richard Guylford, knyght, Thomas Lovell, knyght, and John Rysley, knyght, fro the same .xx. daye, have, hold, enjoye and possede the hounour, castell and lordshipe of Lancastr' and Clydrow, with the membres and appurtenaunces of the same and all manoirs, lordships, landes, tenementis, rentis, revercions, services, possessions and hereditamentes, parcell of the duchie of Lancastr', within the countie of Lancastr', with their appurtenaunces, and the countie palatyne of Lancastr', with thappurtenaunces, and all liberties, fraunchises, jurisdiccions, privileges, lawes, custumes and all othre thinges to the same countie palatyne and othre the premisses, and every parcell of theym, belonging, apperteynyng or parcell of the same; the hounours, castelx, lordships and manoirs of Pountfret, [memb. 3] Tykhul, Knaresburgh and Pykeryng, with the membres and appurtenaunces, and all manours, lordshippes, londes, tenementes, rentis, revercions and services, parcell of the duchie of Lancastr' [p. vi-445][col. a] in the counties of York and Notyngham, with their appurtenaunces; the hounour, castell and lordshipe and manoir of Tutbury, with thappurtenaunce, and all manoirs, lordshippes, londes, tenementes, rentis, revercions and services, parcell of the duchie of Lancastr' in the counties of Staff' and Derby, with their appurtenaunces; the hounour, castell, lordshipe and manoir of Bolyngbroke, with the membres and appurtenaunces, and all othre manoirs, lordshippes, londes, tenementes, rentis, revercions and services, parcell of the duchie of Lancastr' in the countie of Lincoln, with thappurtenaunces; the lordshipe and manoirs of Longbenyngton, parcell of the duchie of Lancastr' in the countie of Lincoln, with thappurtenaunces, and all castelx, lordshippes, manoirs, londes, tenementes, revercions, rentis and services, parcell of the duchie of Lancastr' in the counties of Norff' and Suff', with their appurtenaunces, to theym and to their heires for ever; to thentent that the same feoffees, their heires and the heires of every of theym, shalbe and stand feoffees for every parcell of theym, to the perfourmyng and executing of the last will that his seid highnes shall make and ordeyn to be doon with the same hounours, castellis, manoirs, londes and tenementis, and othre premisses, and every parcell of theym. And that it be ordeyned by the same auctorite that aftir the same wille perfourmed and executed, or ellis if his seid highnes declare and make no wille concernyng the premisses, that then the seid John archebisshope of Caunterbury, Thomas archbisshope of York, Jasper duc of Bedford, Piers bisshope of Winchestr', John bisshope of Ely, Richard bisshope of Excestre, Edmond bisshope of Rouchestr', Thomas erle of Arundell, John erle of Oxonford, George erle of Shrowesbury, Thomas erle of Surrey, John Vicount Welles, John Lord Dynham, Giles Lord Daubeney, William Huse, Oliver Kyng, John Cheyne, Gilbert Talbot, Thomas Mountgomery, Reignold Bray, John Savage, James Blount, Richard Guylford, Thomas Lovell and John Rysley, and their heires, be and stond seased and feoffed of and in the seid hounours, castellis, lordshippes, manoirs, landes, tenementes and othre the premisses, to the use of his highnes and his heires. And < þat it be ordeyned and stablished by þe said > advyse, assent and auctorite that all the same hounours, castelles, lordshippez, manoirs, londes, tenementes and othre the premisses, with thappurtenaunces, stand and be, contynue and remayne in the possession of the seid John archbisshope of Caunterbury, Thomas archebisshope of York, Jasper duc of Bedford, Piers bisshope of Wynchestr', John bisshope of Ely, Richard bisshope of Excestr', Edmond bisshope of Rouchestr', Thomas erle of Arundell, John erle of Oxonford, George erle of Shrowesbury, Thomas erle of Surrey, John Vicount Welles, John Lord Dynham, Giles Lord Daubeney, William Huse, Olivere Kyng, John Cheyne, Gilbert Talbot, Thomas Mountgomery, Reignold Bray, John Savage, James Blount, Richard Guylford, Thomas Lovell and John Rysley, parcell of the seid duchie of Lancastr', and be called, reputed and taken parcell therof, havyng and using all liberties, fredomes, fraunchises, profites, commoditees and availles as have been had and used in the same. And that all officers and governours of the seid duchie stand, remayn and abide officers and governours therof, havyng suche astate and interesse theryn as they have nowe, using, exercising and occupieng their seid offices, with all fees, wages, profittes and availles perteynyng and belonging to the same and every of theym, as they did and hadde, and myght have had and doon afore the making herof; and that all feoffementes, astates, leesses and dimises, grauntes of offices, fees, annuyties, presentacions, advousons [col. b] of the premisses, and every of theym, be made from hensforth, during the lyf of our seid sovereign lord, in his owne name, by warraunt from his highnes, and undre the seal of his said duchie nowe beyng the seal therof, as it hath ben used and accustumed in tymes passed. And that it be ordeyned by the seid auctorite that the seid John archebisshope of Caunterbury, Thomas archebisshope of York, Jasper duc of Bedford, Piers bisshope of Wynchestr', John bisshope of Ely, Richard bisshope of Excestr', Edmond bisshope of Rouchestr', Thomas erle of Arundell, John erle of Oxonford, George erle of Shrowesbury, Thomas erle of Surrey, John Vicount Welles, John Lord Dynham, Giles Lord Daubeney, William Husee, Oliver King, John Cheyne, Gilbert Talbot, Thomas Mountgomerey, Reynold Bray, John Savage, James Blount, Richard Guylford, Thomas Lovell and John Rysley, and the lengest living of theym, have, possede, hold and enjoye all the premisses, to theym and their heires, to thentent, use and behof aboveseid; any leese, graunte or othre thing had, made or doon of or in the premisses, or eny parte therof, by our seid sovereign lord in his lyf, or eny of the seid officers in his name, notwithstanding. And that all officers and governours of and in the same, the tyme of the dyeng of our seid sovereign lord, stand, remayn and abide officers and governours according to their title and interesse in theym; and that ymmediatly aftir the decesse of our seid sovereign lord, all feoffementes, astates, leeses, dimises and grauntes of offices, fees, annuities, presentacions and advousons of the premisses, and every of theym, be made in the names of the same John archebisshope of Caunterbury, Thomas archebisshope of York, Jasper duc of Bedford, Piers bisshope of Wynchestr', John bisshope of Ely, Richard bisshope of Excestr', Edmond bisshope of Rouchestr', Thomas erle of Arundell, John erle of Oxonford, George erle of Shrowesbury, Thomas erle of Surrey, John Vicount Welles, John Lord Dynham, Giles Lord Daubeney, William Huse, Oliver King, John Cheyne, Gilbert Talbot, Thomas Mountgomerey, Reynold Bray, John Savage, James Blount, Richard Guylford, Thomas Lovell and John Rysley, or the lengest living of theym, by their warrauntes in their names to the chaunceller of the seid duchie for the tyme beyng to be directed, and undre the seal of the seid duchie to be sealed, and the same so made undre the same seale < be gode > and effectuell in the lawe. And that it be ordeyned by the seid auctorite that the seid feoffees, or eny of theym, hold of the kyng by reason of eny hounour, lordshipe, manoir, landis, tenementes wherof they by this acte be infeoffed, or by this acte is in theym, that by this same acte enfeoffement, the same rentis and services, nor the arrerages of theym, be not extincted nor put in suspence, but at all tymes paiable and levable to the king during his lyf, with all maner prerogatives of wardes, mariages and reliefs and all othre prerogatives and preeminences to the same belonging, in like maner and fourme as if the seid acte had not be made ne hadde; and aftir the kyngis decesse, the same rentes and services to be paiable and levable to the seid feoffees, or to those persones that shall have interesse therin by reason of the seid last wille. And that it be laufull to the king to levie all maner arreragies to him belonging or beyng due by reason of eny of the premisses, in like maner and fourme as if the seid acte had not ben hadde ne made. And that all accions, sutes and demaundes to be attained, affermed and sued, of and for or by reason of eny of the premisses, be attained, taken, had and sued in the king our sovereign lordis name during his lyf, and all tenauntes and defendauntes in the same accions, [p. vi-446][col. a] sutes and demaundes be compelled to aunswere in the same as they were and shuld have been before the making of this present acte; and every recovere so had be as gode and effectuell as if the king were seised of the premisses in his demesne as of fee. | It is generally known how the king, at his great cost and charge, has sent various ambassadors to his ancient enemy of France to bring about a perfect peace between them, by which he trusted to have given his realm tranquillity and peace, which was refused, and under that feigned treaty [the king of France] has obtained [col. b] the duchy of Brittany, and further intends to annoy other parties allied with the king, and so aims to destroy this realm by land and water, trusting, by the long continuance of war, to waste and so impoverish this land that it shall not have the power to defend itself against him. Wherefore, for the security and defence of this his realm, and the subjects of the same, he has decided, with God's grace, to mount an expedition to his realm of France, trusting in God, since he is thus compelled for the security of this his said realm, to bring his realm of France into his possession, according to his right and title. Yet his highness, mindful as a Christian prince how death is the due of every creature born in this world, and its time is uncertain, and that every good deed here or in another world shall be rewarded, and every evil deed shall be punished, intends to provide and ordain for the payment of his debts and the preferment of his unadvanced children, and for the provision of deeds of charity and memorials for himself, to the laud and honour of God and for the weal of his soul. And although by his law he may put in enfeoffment for the performance of his last will such honours, castles, lordships, manors, lands, tenements and other possessions as he is seised of in the right of his crown as well as otherwise, yet his highness, thinking it most appropriate and fitting to preserve the possessions of the crown whole and complete, without severing or decreasing them, and to increase the possessions of the crown of England, at his great cost has purchased, for himself and his heirs begotten of his body, many great honours, lordships, manors, possessions, lands and tenements, of great and significant yearly value, as appears by various records, which his said heirs, kings of England, shall have and enjoy. And for the perfect execution, establishment and performance of his said last will, his highness, on 20 February in the seventh year of his reign [1492], by the advice and assent of the lords spiritual and temporal and the commons assembled in this present parliament, and by authority of the same, wills, ordains and enacts that John, archbishop of Canterbury, primate and chancellor of all England, Thomas, archbishop of York, Jasper, duke of Bedford, Piers, bishop of Winchester, John, bishop of Ely, Richard, bishop of Exeter, Edmund, bishop of Rochester, Thomas, earl of Arundel, John, earl of Oxford, George, earl of Shrewsbury, Thomas, earl of Surrey, John, Viscount Welles, John, Lord Dynham, treasurer of England, knight, Giles, Lord Daubeney, knight, William Huse, knight, Oliver King, clerk, John Cheyne, knight, Gilbert Talbot, knight, Thomas Montgomery, knight, Reginald Bray, knight, John Savage, knight, James Blount, knight, Richard Guildford, knight, Thomas Lovell, knight, and John Risley, knight, from the same 20 February, shall have, hold, enjoy and possess the honour, castle and lordship of Lancaster and Clitheroe with the members and appurtenances, and all the manors, lordships, lands, tenements, rents, reversions, services, possessions and hereditaments which are part of the duchy of Lancaster, within the county of Lancaster, with the appurtenances, and the county palatine of Lancaster with the appurtenances, and all liberties, franchises, jurisdictions, privileges, laws, customs and all other things belonging to, pertaining to or part of the same county palatine and the other things stated, and every part of them; the honours, castles, lordships and manors of Pontefract, [memb. 3] Tickhill, Knaresborough and Pickering with the members and appurtenances, and all manors, lordships, lands, tenements, rents, reversions and services which are part of the duchy of Lancaster [p. vi-445][col. a] in the counties of York and Nottingham, with their appurtenances; the honour, castle, lordship and manor of Tutbury with the appurtenances, and all the manors, lordships, lands, tenements, rents, reversions and services which are part of the duchy of Lancaster in the counties of Stafford and Derby, with their appurtenances; the honour, castle, lordship and manor of Bolingbroke with the members and appurtenances, and all other manors, lordships, lands, tenements, rents, reversions and services which are part of the duchy of Lancaster in the county of Lincoln, with the appurtenances; the lordship and manors of Long Bennington which is part of the duchy of Lancaster in the county of Lincoln, with the appurtenances, and all the castles, lordships, manors, lands, tenements, reversions, rents and services which are part of the duchy of Lancaster in the counties of Norfolk and Suffolk, with the appurtenances, to them and their heirs forever; with the intention that the same feoffees, their heirs and the heirs of each of them, shall be and stand feoffees for every part of them, to perform and execute the last will which his said highness shall make and ordain to be done with the same honours, castles, manors, lands, tenements and other things stated, and every part of them. And that it be ordained by the same authority that after the same will has been performed and executed, or else if his said highness declares and makes no will concerning the things stated, then the said John, archbishop of Canterbury, Thomas, archbishop of York, Jasper, duke of Bedford, Piers, bishop of Winchester, John, bishop of Ely, Richard, bishop of Exeter, Edmund, bishop of Rochester, Thomas, earl of Arundel, John, earl of Oxford, George, earl of Shrewsbury, Thomas, earl of Surrey, John, Viscount Welles, John, Lord Dynham, Giles, Lord Daubeney, William Huse, Oliver King, John Cheyne, Gilbert Talbot, Thomas Montgomery, Reginald Bray, John Savage, James Blount, Richard Guildford, Thomas Lovell and John Risley, and their heirs, shall be and stand seised and enfeoffed of and in the said honours, castles, lordships, manors, lands, tenements and other things stated, to the use of his highness and his heirs. And that it be ordained and decreed by the said advice, assent and authority that all the same honours, castles, lordships, manors, lands, tenements and other things stated with the appurtenances, shall stand and be, continue and remain in the possession of the said John, archbishop of Canterbury, Thomas, archbishop of York, Jasper, duke of Bedford, Piers, bishop of Winchester, John, bishop of Ely, Richard, bishop of Exeter, Edmund, bishop of Rochester, Thomas, earl of Arundel, John, earl of Oxford, George, earl of Shrewsbury, Thomas, earl of Surrey, John, Viscount Welles, John, Lord Dynham, Giles, Lord Daubeney, William Huse, Oliver King, John Cheyne, Gilbert Talbot, Thomas Montgomery, Reginald Bray, John Savage, James Blount, Richard Guildford, Thomas Lovell and John Risley, part of the said duchy of Lancaster, and shall be called, reputed and taken as part of it, having and using all the liberties, freedoms, franchises, profits, commodities and benefits as have been had and used in the same. And that all the officers and governors of the said duchy shall stand, remain and continue its officers and governors, having the same estate and interest there as they now have, using, exercising and occupying their said offices with all the fees, wages, profits and benefits pertaining and belonging to them and each of them, as they did and had, and might have had and done before the making of this; and that all enfeoffments, estates, leases and demises, grants of offices, fees, annuities, presentations and advowsons [col. b] from the things stated, and each of them, shall henceforth be made, during the life of our said sovereign lord, in his own name, by warrant from his highness and under the present seal of his said duchy, as has been traditional and customary. And that it be ordained by the said authority that the said John, archbishop of Canterbury, Thomas, archbishop of York, Jasper, duke of Bedford, Piers, bishop of Winchester, John, bishop of Ely, Richard, bishop of Exeter, Edmund, bishop of Rochester, Thomas, earl of Arundel, John, earl of Oxford, George, earl of Shrewsbury, Thomas, earl of Surrey, John, Viscount Welles, John, Lord Dynham, Giles, Lord Daubeney, William Huse, Oliver King, John Cheyne, Gilbert Talbot, Thomas Montgomery, Reginald Bray, John Savage, James Blount, Richard Guildford, Thomas Lovell and John Risley shall have, possess, hold and enjoy all the things stated in survivorship, to them and their heirs, to the aforesaid purpose, use and benefit; notwithstanding any lease, grant or other thing had, made or done of or in the things stated, or any part them, by our said sovereign lord in his life, or by any of the said officers in his name. And that all officers and governors of and in the same at the time of the death of our said sovereign lord, shall stand, remain and continue officers and governors according to their title and interest; and that immediately after the death of our said sovereign lord, all enfeoffments, estates, leases, demises and grants of offices, fees, annuities, presentations and advowsons from the things stated, and each of them, shall be made in the names of the same John, archbishop of Canterbury, Thomas, archbishop of York, Jasper, duke of Bedford, Piers, bishop of Winchester, John, bishop of Ely, Richard, bishop of Exeter, Edmund, bishop of Rochester, Thomas, earl of Arundel, John, earl of Oxford, George, earl of Shrewsbury, Thomas, earl of Surrey, John, Viscount Welles, John, Lord Dynham, Giles, Lord Daubeney, William Huse, Oliver King, John Cheyne, Gilbert Talbot, Thomas Montgomery, Reginald Bray, John Savage, James Blount, Richard Guildford, Thomas Lovell and John Risley, or the longest living of them, by their warrants in their names, to be directed to the chancellor of the said duchy at the time, and to be sealed under the seal of the said duchy, and the things so made under the same seal shall be good and effectual in law. And that it be ordained by the said authority that if the said feoffees, or any of them, hold of the king by reason of any honour, lordship, manor, lands or tenements of which they are enfeoffed or enter into by this act, the same rents and services, and their arrears, shall not be extinguished or suspended by this same act of enfeoffment, but shall be payable and leviable at all times to the king during his life, with all the prerogatives of wards, marriages and reliefs and all other prerogatives and pre-eminences belonging to him, in the same manner and form as if the said act had not been made or had; and after the king's death the same rents and services shall be payable and leviable to the said feoffees, or to those persons who have interest in them by reason of the said last will. And that it shall be lawful for the king to levy all the arrears belonging to him or due by reason of any of the things stated, in the same manner and form as if the said act had not been had or made. And that all actions, suits and demands to be attained, affirmed and sued of and for or because of any of the things stated, shall be attained, taken, had and sued in our sovereign lord the king's name during his life, and all tenants and defendants in the same actions, [p. vi-446][col. a] suits and demands shall be compelled to answer in them as they were and should have been before this present act was made; and every recovery so had shall be as good and effectual as if the king were seised of the things stated in his demesne as of fee. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-73-1) | The king wills it. (fn. vi-440-73-1) |
| Pro regina. | For the queen. |
| 6. Item, quedam billa ex parte consortis regis exhibita est eidem domino regi in parliamento predicto; cujus tenor, cum responsione ejusdem, subsequenter patebit: | 6. Item, a bill was presented to the same lord king in the aforesaid parliament on behalf of the king's consort; the tenor of which, with its answer, follows: |
| Where the king our sovereign lord, by his lettres patentes under his grete seale, bering date at Westmynster, the .xxvi. day of Decembre, the third yere of his reign, graunted to our sovereign lady the quene, by the name of Elizabeth quene of Inglond, emong othre, a .cij.li. .xv. s. .vi. d., to be perceived and taken of his ferme of the town of Bristowe, with the subarbes and the pertenaunces of the same, and divers othre annuities, feefermes, castelles, hounours, lordshippes, maners, landis, tenementes, rentes, possessions and hereditamentes, with their appurtenaunces, as in the same lettres patentes more pleynly doth appere; and where the kyng our seid sovereign lord, by his lettres patentes bering date at Westmynster, the .xxvi. day of December, in the .iij. de yere of his reign, undir the seale of his duchie of Lancastr', hath graunted unto our seid sovereign lady the quene, emonge othre, the lordshippes and maners of Waltham Magna, Barowe [sic: read 'Baddow'] , Masshebury, Dunmowe, Lieghes and Farnham, with all their appurtenaunces, in the countie of Essex, with othre profittes, possessions and hereditamentes, as in the same lettres patentes more pleynly it doth appere; also, the king our sovereign lord, by his lettres patentez bering date at Westmynstre, the first day of May, the .iij. de yere of his reign, graunted unto our seid sovereign lady the quene, to have the forfeitures of divers and many offences of theym that be inhabitauntes within the castelles, hounours, lordshippes, maners, landes and tenementes, with othre divers fraunchises and liberties, as in the same lettres patentes pleynly is expressed; and morover, the king our sovereign lord, by his lettres patentes, whiche date is at Westmynster, the .xxi. day of Feverere, the .vij. th yere of his reigne, for divers consideracions him moeving, as in the seid lettres patentes more pleinly it doth appere, graunted [...] to our seid sovereign lady the quene the maner of Pymperne, with the appurtenaunces, and othre castelles, honours, lordshippes, maners, landes and tenementes, as in the seid lettres patentes more clerely is expressed; the king our < said > sovereign lord, by the advyse and assent of the lordes spirituall and temporall and the comens in this present parlement assembled, and by auctorite of the same, ratifieth, confirmeth and approveth the seid lettres patentes, and every thyng comprised within theym and every of theym, and woll that the seid Elizabeth quene of Inglond, have, possede and enjoye all and every thing comprised in the seid lettres patentes, and every of theym, according to theffecte and tenour of the same. Saving to every persone, othre < than > the kyng our seid sovereign lord and his heires, and any othre that claymeth by hym or by any othre kyng of this londe of Englond, all suche right, title and interesse < as they, > or eny of theym, had or myght have hadde before the making of this acte, and as thof this acte had not ben made. | Where the king our sovereign lord, by his letters patent under his great seal dated at Westminster on 26 December in the third year of his reign [1487], granted to our sovereign lady the queen, by the name of Elizabeth, queen of England, among other things, £102 15s. 6d., to be received and taken from his farm of the town of Bristol, with its suburbs and appurtenances, and various other annuities, fee-farms, castles, honours, lordships, manors, lands, tenements, rents, possessions and hereditaments with their appurtenances, as more fully appears in the same letters patent; and where the king our said sovereign lord, by his letters patent dated at Westminster on 26 December in the third year of his reign, under the seal of his duchy of Lancaster, granted to our said sovereign lady the queen, among other things, the lordships and manors of Great Waltham, Baddow, Mashbury, Dunmow, [Great] Leighs and Farnham with all their appurtenances in the county of Essex, with other profits, possessions and hereditaments, as more fully appears in the same letters patent; also, the king our sovereign lord, by his letters patent dated at Westminster on 1 May in the third year of his reign [1488], granted to our said sovereign lady the queen the forfeitures for many different offences committed by the inhabitants of the castles, honours, lordships, manors, lands and tenements, with various other franchises and liberties, which are fully described in the same letters patent; and moreover, our sovereign lord the king, by his letters patent dated at Westminster on 21 February in the seventh year of his reign [1492], prompted by various considerations, as more fully appears in the said letters patent, granted to our said sovereign lady the queen the manor of Pimperne with the appurtenances, and other castles, honours, lordships, manors, lands and tenements, as is more clearly described in the said letters patent; the king our said sovereign lord, by the advice and assent of the lords spiritual and temporal and the commons assembled in this present parliament, and by authority of the same, ratifies, confirms and approves the said letters patent, and everything contained in them and each of them, and wills that the said Elizabeth, queen of England, shall have, possess and enjoy each and every thing contained in the said letters patent, and each of them, according to their effect and tenor. Saving to every person, other than our said sovereign lord the king and his heirs, and anyone else who claims through him or any other king of this land of England, all such right, title and interest as they, or any of them, had or might have had before the making of this act, and as though this act had not been made. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-80-1) | The king wills it. (fn. vi-440-80-1) |
| < An act to make the somme of fyve markes payable by the abbas and covent of Barkinge, to be parcell of the manner of Havering. > | An act to make the sum of five marks payable by the abbess and convent of Barking part of the manor of Havering. |
| 7. Item, quedam alia billa, formam actus in se continens, porrecta est domino regi in parliamento predicto; [col. b] cujus tenor, cum responsione facta eidem, sequitur et est talis: | 7. Item, another bill, containing the text of an act, was delivered to the lord king in the aforesaid parliament; [col. b] the tenor of which, with its answer, follows and is thus: |
| Also where afore this tyme, the abbas and convent of Berking were bounde to repaire .cccclxvij. perches, every perche of .xviij. fote, of the pale of the par < ke > of Haveryng in the countie of Essex, whiche parke is parcell of the maner of Haveryng aforseid, unto the first day of the moneth of May, the .iij. de yere of the reigne of King Richard the seconde, at whiche tyme, for divers consideracions the seid king moving, of his speciall grace and for five marke yerely to be paied by the seid abbas and convent of Berking, and her successours, to the bailly, fermour or receivour whiche shuld be for the tyme of the seid kyng or of his heires, of his maner aforseid, of the whiche .v. marke, the seid kyng wold asmuche therof as shuld be spent aboute the reparacion and amendement of the pale and closure aforseid yerely, as shuld be competent or nedefull to the seid reparacion and amendement, so that if eny thing of the seid .v. marks, over and above the resonable expenses to be doon aboute the repairing and amending aforseid to remaigne, the baillies, fermours and receivours to him and his heires therof at the escheker of the seid king and of his heires yerely aunswere; remised and releassed to the seid abbas and convent, and their successours, the charge and custome of the reparacion and sustentacion of the seid pale or closure of .cccclxvij. perches aforseid, as in the lettres patentes of the seid King Richard, bering date at Westm', the first day of the moneth of May, the thirde yere of his reigne, pleynly it apperith, and for asmuche as it is a doubte whedir the seid .v. marc be parcell of the maner of Haveryng, or a somme by the self and no parcell of the seid maner; in avoiding of < þe > whiche doubte, and to sette it in a certeinte for ever, the kyng our sovereign lord, by thassent of the lordis spirituall and temporall and the comens in this present parlement assembled, and by auctorite of the same, hath adjuged and determined and will the seid .v. marc yerely to be parcell of the seid maner of Haveryng aforseid. | Also, where before this time the abbess and convent of Barking were bound to repair 467 perches, each perch being of 18 feet, of the pale of the park of Havering in the county of Essex, which park is part of the aforesaid manor of Havering, until 1 May in the third year of the reign of King Richard II [1380], at which time, prompted by various considerations, the said king, of his special grace and for five marks to be paid yearly by the said abbess and convent of Barking and her successors to the bailiff, farmer or receiver of the said king or his heirs at the time in the aforesaid manor, of which five marks, the said king willed that as much should be spent yearly on the repair and improvement of the aforesaid pale and enclosure as should be appropriate or necessary for the said repairs and improvement, on condition that if anything of the said five marks remained, over and above the reasonable expenses incurred for the aforesaid repair and improvement, the bailiffs, farmers and receivers should answer yearly for it to him and his heirs at their exchequer, remitted and released to the said abbess and convent and their successors the charge and custom of repairing and maintaining the said pale or enclosure of the aforesaid 467 perches, as fully appears in the said King Richard's letters patent dated at Westminster on 1 May in the third year of his reign; and because there is doubt whether the said five marks are part of the manor of Havering, or a sum by themselves and not a part of the said manor, to prevent this doubt, and to make the matter certain forever, our sovereign lord the king, by the assent of the lords spiritual and temporal and the commons assembled in this present parliament, and by authority of the same, has adjudged and determined and wills that the said five marks yearly shall be part of the said manor of Havering aforesaid. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-87-1) | The king wills it. (fn. vi-440-87-1) |
| Pro comitissa Richemond et Derb'. | For the countess of Richmond and Derby. |
| 8. Item, quedam peticio exhibita fuit domino regi in parliamento predicto per Margaretam comitissam Rychmound et Derby; cujus tenor inferius annotatur: | 8. Item, a petition was presented to the lord king in the aforesaid parliament by Margaret, countess of Richmond and Derby; the tenor of which is noted below: |
| To the kyng our soverayn lord, humbly besechith your highnes Margaret countesse Rychmound and Darby, your most loving and lowly moder: that where Kyng Henry the .vi. te was seised of the lordshippes and maners of Ambursbury and Wynterbourne in the countie of Wiltes', and of the maners of Henxstrigge and Charlton Canvile, odirwise called Charleton, odirwise callid South Charleton, in the countie of Somerset, in his demeane as of fee; and he so beyng therof so seised, by his lettres patentes beryng date the .xxv. day of May, the .xvij. th yere of his reigne, graunted the seid lordshippes and maners, with all knyghtis fees, advousons, liberties and fraunchises therto belonging, to Herry Beauford, than cardynall and bisshope of Wynchester, and to odir persones and to their heires to thuse of the same cardynall and of his heires; the whiche graunte was made upon a sale therof, and of odir maners, londes and tenementes by the same Kyng Herry the sext to the same cardynall for a grete and notable somme of money, by the same cardynall to the same late king truly content and paied, that is to sey, .xiij m . marc, biforce wherof, the same cardynall and othre were therof seised in their demene as of fee, to thuse aboveseid; the whiche [p. vi-447][col. a] odir persones aftirward releassed to the same cardinall and to his heires all their right in the same; and the same cardinall aftirward decessed, to whom your seid moder, sovereign lord, is cosyn and heire, that is to sey, doughter of John, sonne of John, brodir of the seid cardinall; by reason wherof, all the forseid lordshippes and maners of verry right belong and owe to belong to your seid modir and to hir heires, as cosyn and heir to the seid cardinall in fourme aboveseid, and to hir shuld have growen and commen, ne had been that oon Alice, late countesse of Salesbury, havyng no right ne title to the forseid lordshippes and maners, by colour that she was heire generall to John Mountagu late erle of Salesbury, the whiche was atteynted of high treason in the tyme of the reign of Kyng Herry the .iiij. th , and had never odir title ne possession in the seid lordshippes and maners, but onely to him and to his heires males of his body commyng, as pleynly apperith by the lettres patentes therof made by King Edward the thirde to William Mountagu, fadre to the same John, and to the heires males of his body commyng, by the grete helpe and favour the whiche the same Alice countesse had of Kyng Edward the .iiij. th and Richard late erle of Warrewyk, her sonne, ayenst all right and conscience, without eny grounde or title of right, laboured an acte of parlement to be made in the first parlement of the same Kyng Edward the .iiij. th , wherof the tenour ensueth: | To the king our sovereign lord, Margaret, countess of Richmond and Derby, your most loving and lowly mother, humbly prays your highness that where King Henry VI was seised of the lordships and manors of Amesbury and Winterbourne in the county of Wiltshire, and of the manors of Henstridge and Charlton Canvill, otherwise called Charlton, otherwise called South Charlton, in the county of Somerset, in his demesne as of fee; and he, being so seised of them, by his letters patent dated 25 May in the seventeenth year of his reign [1439], granted the said lordships and manors with all the knights' fees, advowsons, liberties and franchises belonging to them, to Henry Beaufort, then cardinal and bishop of Winchester, and to other persons and their heirs to the use of the same cardinal and his heirs; which grant was made upon a sale of them and of other manors, lands and tenements, by the same King Henry VI to the same cardinal for a great and significant sum of money, fully delivered and paid to the same late king by the same cardinal, that is to say, 13,000 marks, on the strength of which the same cardinal and others were seised of them in their demesne as of fee, to the aforesaid use; which [p. vi-447][col. a] other persons afterwards released to the same cardinal and his heirs all their right in them; and the same cardinal afterwards died, to whom your said mother, sovereign lord, is cousin and heir, that is to say, daughter of John, son of John, brother of the said cardinal; by reason of which all the aforesaid lordships and manors rightfully belong and ought to belong to your said mother and her heirs, as cousin and heir of the said cardinal in the aforesaid form, and should have descended and come to her, had it not been that one Alice, late countess of Salisbury, having no right or title to the aforesaid lordships and manors, on the pretext that she was heir general to John Montagu, late earl of Salisbury, who was attainted of high treason during the reign of King Henry IV, and never had other title or possession in the said lordships and manors, except to him and his male heirs begotten of his body, as fully appears by the letters patent made on this by King Edward III to William Montagu, father of the same John, and to the male heirs begotten of his body, through the great help and favour which the same Countess Alice had from King Edward IV and Richard, late earl of Warwick, her son, against all right and conscience, without any ground or title of right, by her importunities obtained an act of parliament in the first parliament of the same King Edward IV, the tenor of which follows: |
| Where certeyn persones, of evyll, riotous and sedicious disposicions, joyed in rumour and rebellious novelries, adhering to Herry the .iiij. th , late in dede and not of right kyng of Englond, aftir his unrightwos, unlaufull and detestable usurpacion and intrusion, ayenst his feith and ligeaunce, upon Kyng Richard the second, his rightuous, true and naturell liege lord, traiterously murdred with grete crueltie and orrible violence, in an outrageous hedy furey, the right noble and worthy lordis John Mountagu late erle of Sar', and Thomas late Lord le Dispenser, and odir true subgettis and liegemen of the seid Kyng Richard, aftir his decesse, continueng their feith and ligeaunce, according to their duetie to God and to the lawes and custumes of the realme of Englond, to Edmond Mortymer then erle of Marche, nexte heire of blode to the same Kyng Richard, and in right aftir his decesse to have succeded as true and rightuous kyng of the same realme, by the seid lawes and custumes; and aftirward, for that cause and none odir, in a pretensed parlement holden at Westm', the second yere of the usurped reigne of the seid King Herry the .iiij. th , long aftir the deth of the seid John and Thomas, a declaracion and jugement of treason, by auctorite of the seid parlement, was yeven ayenst theym and othre, in maner and fourme as in an acte therof made in the seid pretensed parlement more pleynly apperith; (fn. vi-440-93-1) it be ordeyned, stablisshed and juged, by the kyng our liege lord, and by thassent and advyse of the lordis spirituals and temporals and the comens beyng in this present parlement, and by auctorite of the same, that the seid declaracion, jugement and acte be reversed, repelled and adnulled; and that aswell Richard erle of Warr', Anne his wyf, in hir right as cosyn and heir unto the seid Thomas Lord Dispenser, that is to sey, doughter to Isabell, doughter to the same Thomas, uppon and in to all the honours, castellis, lordshippes, maners, landes, tenementes, feefermes, rentis, revercions, annuities, offices, advousons, knyghtis fees, fraunchises, courtes, libertees, privileges and [memb. 4] all othre inheritamentes and possessions, with their appurtenaunces, whiche were seised by the seid Henry the .iiij. th , or come to his handes by reason or coloure of the seid acte or jugement, wherof the seid Thomas late Lord le Spenser, or eny othre to his use, were at the tyme of his deth [col. b] seised or possessed, of astate of enheritaunce, as Alice countesse of Salesbury, cosyn and heire to the seid John Montagu, that is to sey, doughter to Thomas Montagu late erle of Sar', sonne to the same John, uppon and in to all the honours, castels, lordshippes, maners, landes, tenementes, feefarmes, rentes, revercions, annuities, offices, advousons, knyghtis fees, fraunchises, courtes, libertees, privileges and all othre enheritamentis and possessions, with their appurtenaunce, whiche by the seid Herry the .iiij. th was seised, or come to his handes by reason or colour of the same acte or jugement, wherof the seid John Montagu, or eny othre to his use, were at the tyme of his deth seised or possessed of astate of enheritaunce, or wherof the same Thomas, or eny othre to his use, were at the tyme of his deth seised or possessed of enheritaunce severally, mowe laufully entre, aswell upon the kyngis possession, as uppon the possession of eny othre persone, and theym have, hold, enjoye and enherite, to theym and to their heires severally. Savyng to every persone and persounes of the kingis liege people all the right and title that they or eny of theym have, or eny of their auncestres had, in any parcell of the seid honours, castelles, lordshippes, maners, landes, tenementes, feefermes, rentis, revercions, annuitees, offices, knyghtis fees, advousons, fraunchises, courtes, libertees, privileges and all othre enheritamentes and possessions, with their appurtenaunce, by the seid Thomas late Lord le Dispenser, or by the seid John Montagu < or Thomas Montagu, > or by eny of theym, or by eny of their assignees. Savyng also to every of the kyngis liege men, his title, right and entre in to his maners, londes, tenementes or possessions, yeven in exchaunge for any of the premisses. Savyng also to every persone havyng dowere in any parte of the same premisses, of the possession of the seid Thomas late Lord le Dispenser, John Montagu or Thomas Montagu, or eny of theym, their right, title and possession of the same dower; and also the right, title and possession of every of the same premisses to all the seid persones, and to echone of theym, that they or eny of theym had or held terme of their lif, joynt with the same Thomas, John and Thomas, or eny of theym, tyme of eny of their dethis. (fn. vi-440-93-2) | Where certain persons of evil, riotous and seditious disposition, delighting in tumult and rebellious novelties, supported Henry IV, late in deed and not by right king of England, after his unjust, unlawful and detestable usurpation and intrusion, against his faith and allegiance, upon King Richard II, his rightful, true and natural liege lord, and traitorously murdered with great cruelty and horrible violence, in an outrageous wild fury, the most noble and worthy lords, John Montagu, late earl of Salisbury, and Thomas, late Lord Despencer, and other true subjects and liegemen of the said King Richard who after his death continued their faith and allegiance, according to their duty to God, and to the laws and customs of the realm of England, to Edmund Mortimer, then earl of March, next heir by blood of the same King Richard, and who by right should have succeeded him after his death as true and rightful king of the same realm, by the said laws and custom. And afterwards for that reason and no other, in a feigned parliament held at Westminster in the second year of the usurped reign of the said King Henry IV [1401], long after the death of the said John and Thomas, a declaration and judgment of treason, by authority of the same parliament, was given against them and others, in the manner and form which appears more fully in an act made in the said feigned parliament; (fn. vi-440-93-1) it is ordained, decreed and judged by the king our liege lord, by the assent and advice of the lords spiritual and temporal and of the commons being assembled in this present parliament, and by authority of the same, that the said declaration, judgment and act shall be reversed, repealed and annulled; and that Richard, earl of Warwick, and Anne his wife, in her right as cousin and heir of the said Thomas, Lord Despencer, that is to say, daughter of Isabel, daughter of the same Thomas, may lawfully enter upon and into all the honours, castles, lordships, manors, lands, tenements, fee-farms, rents, reversions, annuities, offices, advowsons, knights' fees, franchises, courts, liberties, privileges and [memb. 4] all other hereditaments and possessions, with their appurtenances, which were seized by the said Henry IV, or came into his hands by reason or on the strength of the said act or judgment, of which the said Thomas, late Lord Despencer, or anyone else to his use, was seised or possessed by inheritance at the time of his death; [col. b] and that Alice, countess of Salisbury, cousin and heir of the said John Montague, that is to say, daughter of Thomas Montagu, late earl of Salisbury, son of the same John [may lawfully enter] upon and into all the honours, castles, lordships, manors, lands, tenements, fee-farms, rents, reversions, annuities, offices, advowsons, knights' fees, franchises, courts, liberties, privileges and all other hereditaments and possessions with their appurtenances, which were seized by the said Henry IV, or came into his hands by reason or on the strength of the same act or judgment, of which the said John Montagu, or anyone else to his use, was seised or possessed by inheritance at the time of his death, or of which the same Thomas, or anyone else to his use, was seised or possessed by inheritance individually at the time of his death, upon the king's possession as well as the possession of any other person, and have, hold, enjoy and inherit them, to them and to their heirs individually. Saving to each and everyone of the king's liege people all the right and title that they or any of them have, or any of their ancestors had, in any part of the said honours, castles, lordships, manors, lands, tenements, fee-farms, rents, reversions, annuities, offices, knights' fees, advowsons, franchises, courts, liberties, privileges and all other hereditaments and possessions with their appurtenances, from the said Thomas, late Lord Despencer, or the said John Montagu or Thomas Montagu, or from any of them or any of their assigns. Saving also to each of the king's liegemen his title, right and entry into his manors, lands, tenements or possession given in exchange for any of the things stated. Saving also to every person having dower in any part of the aforesaid, of the possession of the said Thomas, late Lord Despencer, John Montagu or Thomas Montagu, or any of them, their right, title and possession of the same dower; and also the right, title and possession of every part of the same things stated, to all the said persons, and to each one of them, which they or any of them had or held for term of their life, jointly with the same Thomas, John and Thomas, or any of them, at the time of their death. (fn. vi-440-93-2) |
| By reason of whiche acte, and by none othre title, the seid late countesse entred in to all the forseid lordshippes and maners, and theym had and occupied, ayenst all right and conscience. | By reason of which act, and by no other title, the said late countess entered into all the aforesaid lordships and manors, and had and occupied them against all right and conscience. |
| That in consideracion of the premisses, it may please youre highnesse, by the advyse and assent of the lordys spirituals and temporals and comyns in this present parlement assembled, and by auctorite of the same, to ordeigne, enacte and stablisshe that the seid acte of parlement made for the seid late countesse in the seid first parlement of Kyng Edward the .iiij. be in no wise hurtefull ne prejudiciall to your seid modir ne to her heires, touching the premisses, and that she entre, have and enjoye, to her and to her heires, all the same lordshippes and maners in suche maner, fourme and title as the same cardynall theym had, eny tyme aftir the forseid relesse to him therof made; and that she may entre in to the same, aswell uppon your possession, sovereign lord, as uppon the possession of eny othre, without eny othre lyverey or sute therof to be made or had oute of youre handis; eny state, title or right yeven or ordeyned to the same late countesse or to her heires, by vertue of the same acte, or the dyeng seised of hir or of hir heires therof, or eny parcell therof, or of eny othre sith the decesse of the seid cardynall, or eny office or offices founde or retourned theruppon, notwithstanding. | In consideration of the foregoing, may it please your highness, by the advice and assent of the lords spiritual and temporal and the commons assembled in this present parliament, and by authority of the same, to ordain, enact and decree that the said act of parliament made for the said late countess in the said first parliament of King Edward IV shall not be harmful or prejudicial in any way to your said mother or her heirs, concerning the things stated, and that she may enter, have and enjoy, to her and her heirs, all the same lordships and manors in such manner, form and title as the same cardinal had them at any time after the aforesaid release was made to him; and that she may enter into the same, upon your possession, sovereign lord, as well as upon the possession of anyone else, without any other livery or suit to be made or had for them out of your hands; notwithstanding any estate, title or right given or ordained to the same late countess or her heirs by virtue of the same act or by her or her heirs dying seised of the same, or any part of it, or of anything else since the death of the said cardinal, or any inquisition or inquisitions found or returned on the same. |
| [p. vi-448] | |
| [col. a] | |
| Qua quidem peticione lecta, et materia in eadem plenius intellecta, per dictum dominum regem, ex assensu dominorum spiritualium et temporalium in parliamento predicto existencium, ac auctoritate ejusdem, taliter responsum est eidem: | When this petition had been read and its contents fully understood, it was answered thus by the said lord king, by the assent of the lords spiritual and temporal being in the aforesaid parliament, and by authority of the same: |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Soit faite come il este desire. (fn. vi-440-100-1) | Let it be done as it is desired. (fn. vi-440-100-1) |
| Pro comite Surr'. | For the earl of Surrey. |
| 9. Item, quedam alia peticio exhibita fuit prefato domino regi in parliamento predicto per Thomam comitem Surr'; cujus tenor, cum certis provisionibus et reservacionibus eidem peticioni annexis, sequitur et est talis: | 9. Item, another petition was presented to the aforesaid lord king in the aforesaid parliament by Thomas, earl of Surrey; the tenor of which, with certain provisos and reservations attached to the same petition, follows and is thus: |
| To the kyng our sovereyn lord, in the moste humble wise besechith your highnes your true and humble subget, Thomas erle of Surrey: that where in the parlement holden at Westm', the .vij. th < day > of November in the first yere of your moost noble reigne, it was enacted, ordeyned, demed and declared, amonge othre, that John duke of Norff', fadre to the seid Thomas, whose heire he is, by the name of John late duke of Norff', and your seid subgiet, by the name of Thomas erle of Surrey, amonge othre, for certeyn consideracions in the same acte conteyned, shuld stond and be convicted and atteynted of high treason, and disabled and forjuged of all honour, estate, dignite and preeminence, and the names of the same, and forfeite to you, sovereign lord, all castelles, maners, lordshippes, hundredes, fraunchises, liberties, privelagies, advousons, nominacions, presentacions, londes, tenementes, rentis, services, revercions, porcions, avauntagies, pencions, rightes, hereditamentes, goodes, catalles and dettes, wherof they or any of theym, or eny othre to their use, or to thuse of any of theym, were < seised > or possessed the .xxi. day of August < in the first > yere of your moost noble reign, or any tyme aftir, within this your realme of Englond, Irelond, Wales or Cales, or in the marches therof, in fee simple, fee taile or for terme of lyfe or lives, as more at large in the same acte may appere. (fn. vi-440-104-1) | To the king our sovereign lord, your true and humble subject Thomas, earl of Surrey, most humbly prays your highness, that where in the parliament held at Westminster on 7 November in the first year of your most noble reign [1485], it was enacted, ordained, judged and declared, among other things, that John, duke of Norfolk, father of the said Thomas, whose heir he is, by the name of John, late duke of Norfolk, and your said subject, by the name of Thomas, earl of Surrey, among others, for certain considerations contained in the same act, should stand and be convicted and attainted of high treason, and be unabled and dispossessed of all honour, estate, dignity and pre-eminence, and the titles of the same, and forfeit to you, sovereign lord, all the castles, manors, lordships, hundreds, franchises, liberties, privileges, advowsons, nominations, presentations, lands, tenements, rents, services, reversions, portions, advantages, pensions, rights, hereditaments, goods, chattels and debts of which they or any of them, or anyone else to their use or to the use of any of them, were seised or possessed on 21 August in the first year of your most noble reign [1485], or at any time since, within this your realm of England, Ireland, Wales or Calais, or in their marches, in fee-simple, fee-tail or for term of life or lives, as appears at greater length in the same act. (fn. vi-440-104-1) |
| That it < wold > please your highnes, of your especiall grace and blessid disposicion, by the advyse and assent of your lordes spirituell and temporell and the comens in this present parlement assembled, and by auctorite of the same, to ordeyn, establissh and enacte that the seid acte, and all actes of atteyndre and forfeiture hadde or made in the seid parlement holden at Westm', the seid furst yere of your moost noble reigne ayenst the seid late duke and ayenst your seid subgiet, and every of theym, by what name or names so ever they, or any of theym, be named in the < same > acte or actes of atteyndre, be, aswell ayenst the seid late duke as ayenst < youre seid > subgiet, their heires < and assignees, and the heires of > every of theym, voide and of no force, strength ne effecte; and that your seid subgiet, aswell for his own enheritaunce, rightes and possessions as for thenheritaunce, rightes and possessions of the seid late duke his fadre, whose heire he is, be restored to all rightes, honours, castelles, lordshippes, townshippes, maners, londes, tenementes, rentes, revercions, services, possessions and all othre hereditamentes whiche late were the seid late duke, or any othre persone to his use, wherunto your seid subgiet is, or at any tyme sith the decesse of the seid late duke was or shuld have byn enheretid or enheritable if the same acte or actes of atteyndre hadde never be had ner made; and to all othre rightes, castelles, honours, lordshippes, townshippes, maners, londes, tenementes, rentes, revercions, services, possessions and all othre enheritamentes, whiche the seid late duke and your seid subgiet, and every of theyme, by reason of the seid acte or actes of atteyndre forfeited; the seid acte or actes of atteyndre made notwithstanding. And that the seid acte or actes of atteyndre be not in any [col. b] wise hurtefull or prejudiciall to the seid late duke ne to his heires, ne to your seid subgiet ne to his heires, ner to any persone or persones at any tyme feoffee or feoffees to their use, or to thuse of any of theym, but be ayenst theym and every of theym utterly voide and of no force, strength ne effecte. And that your seid subgiet and his heires and all feoffee or feoffees to his use, or to thuse of the seid late duke, may have suche avauntage in every thing, and be in as gode condicion in the lawe, and to entre, have and enjoye the premisses, and every parte therof, as if the seid acte or actes of atteyndre hadde never be had ne made. And that your seid subgiet and his heires may laufully entre in to all the premisses, and to every parcell of theym, aswell upon you, sovereyn lord, as upon every othre persone; any discent, or any othre cause happened or fallen sith the seid acte or actes of atteyndre made, or any cause other < þen > by his own dede, notwithstanding. And that thentre, season and possession of your seid subgiet and of his heires into all the premisses, and every parte of theym, by this acte hadde or to him restored, be gode and laufull to your seid subgiet and his heires, without any maner sute for the same, or for any parcell therof, to be made oute of your handes by peticion, lyvere or othre wise, aftir the course of your lawes, and be of as gode strength and effecte in the lawe as if your seid subgiet hadde the same castelles, lordshippes, maners, londes, tenementes and othre premisses in due fourme sued by peticion, or by due and laufull lyvere or oþerwise, oute of youre handes, according to your lawes, and as if the same acte or actes of atteyndre hadde never be had ne made; hou be it the same castelles, lordshippes, maners, londes, tenementes and othre premisses, or any parcell therof, were or be holden of you or of any of your noble progenitours, kingis of Englond, in chief or othrewise. And that if you, sovereyn lord, or any othre persone the whiche, afore the furst day of this present parlement, hath taken any issues or profites of any castelles, maners, londes, tenementes or othre premisses, or any parcell therof, wherunto your seid subgiet is by this acte restored, or hath intermedled with theym or with any parcell of theym, or hath taken any goodes or catalles of the seid late duke or of your seid subgiet, afore the .xiij. day of January, the .iiij. th yere of your moost noble reign, or if any suche issues and profites, goodes and catalles have comme to the handes of you, sovereyn lord, or of any othre persone or persones, that you, sovereyn lorde, and every other persone or persones, be not in any wise charged ne chargeable, sued, vexed, troubled for the same, but be utterly therof quite and discharged for ever. Savyng to every of the kyngis liege people suche right, title, interesse and possession as they, or any of theym, hath in any of the maners, londes, tenementes and othre hereditamentes afore reherced. And that it be ordeyned by the seid auctorite that every persone or persones havyng or occupieng any parcell of the forseid maners, londes, tenementes and oþer premisses, or havyng any annuyties or rentes oute of the same, or oute of any parcell therof, by vertue or by meane of your lettres patentes, shall have and enjoye the same maners, londes, tenementes, rentes and othre premisses specified in the seid lettres patentes, according to the tenour of the same; this generall acte of restitucion notwithstanding. And that it be ordeyned by the same auctorite that your seid subgiet, from the fest of Seynt Michell tharcangell last past, have to him and to his heires all revercions and services of all maners, londes, tenementes or othre hereditamentes reserved by or uppon the same lettres patentes and all revercions and services of the same maners, londes, tenementes, rentes or othre hereditamentes whiche nowe be in the king by reason of the same lettres patentes or othrewise, and all rentes [p. vi-449][col. a] and services reserved by or upon the same lettres patentes, beyng in you, sovereyn lord; and that it be laufull to your seid subgiet and to his heires to distreyn to his own use, for the same rentes reserved by or upon any suche lettres patentes, for none payment of the same rent at the dayes limited in the seid lettres patentes. And firthermore, be it ordeyned by the seid auctorite that if the estate or interesse of any persone or persones havyng any parcell of the londes and tenementes, rentes, annuyties and othre premisses, or any parcell of theym, comprised in any of the same lettres patentes, as is aforseid, is or shall be determyned, cessed, expired, voide or voided, or if any persone or persones havyng any estate of enheritaunce frehold, or interesse by youre lettres patentes, as is aforseid, in any parcell of the same maners, londes, tenementes, rentes or othre premisses, make estate, bargeyn, sale or gyfte to your seid subgiet or to his heires in fee simple or othrewise, of any londes, tenementes, rentes or oþer thinges comprised in any of the seid lettres patentes; that immediatly aftir the determinacion, cessing, expiring or voidaunce of ther seid estates or interesse, or aftir the seid estate, bargeyn, sale or gifte so made, the seid lettres patentes therof fro that tyme be utterly voide; and that then your seid subgiet and his heires be immediatly demed in possession of all that, wherof thestate or interesse of suche persone or persones be determined, expired or voided, or estate, bargeyn, sale or gifte is or shall be so made, of and in like possession and estate as he or they shuld have be if the seid acte or actes of atteindre, or any lettres patentes therof made, hadde never be had ne made; without any maner sute for the same, or for any parcell therof, to be made oute of your handes by peticion, lyvere or othrewise, aftir the course of your lawes, and of as grete strength and effecte in the lawe as if your seid subgiet had the same castelles, lordshippes, maners, londes, tenementes, revercions or rentes upon any suche lettres patentes reserved, and all othre premisses, in due fourme sued by peticion or by due and laufull lyvere or othrewise, oute of your handes, according to your lawes, and as if the same acte or actes of atteyndre, ne any of theym, ner any lettres patentes therof, hadde never be had ne made; hou be it the same castelles, lordshippes, maners, londes, tenementes, rentes and othre premisses, or any parcell therof, were or be holden of you or of your noble progenitours, kinges of Englond, in chief or othrewise. And over this, be it enacted by the same auctorite that all maner of grauntes and offices hadde or made by writing by the seid erle of Surrey to John erle of Oxenford, Rauff Sheldon knyght, and to William Okeley yoman, and to every of theym, sith the fest of the Nativite of our Lord, the .iiij. th yere of your noble reigne, be gode and effectuell; this acte of restitucion notwithstanding. And that it be ordeyned by the seid auctorite that the forseid acte of restitucion extend not to be hurtfull or prejudiciall to Sir William Stanley knyght, of, to or for any of the premisses. And that it be further ordeyned by the seid auctorite that this said acte of restitucion extend not to any castelles, maners, londes, tenementes, rentes, annuities or othre hereditamentes, to the seid late duke or to your seid subgiet, or to any of theym, late by Kyng Richard the .iij. de yevyn and graunted, but onely to the creacion of your seid subgiet in to the erle of Surrey, and his name of erle by reason of the same creacion, and to the annuitie to hym and to his heires males of his body begoten graunted, for sustentacion therof. And also be it ordeyned by the same auctorite that this acte of restitucion extend not to any maners, londes, tenementes or othre hereditamentes, wherunto any persone or persones, othre than [col. b] your seid subgiet, is or be restored, by any acte or actes of parlement had or made at any tyme betwene the .xxi. day of August, the furst yere of your moost noble reigne, and the fest of Seynt Michell last past. And that the seid acte of restitucion in no wise extend to ne touche the warde ne mariage of Henry erle of Essex, ne to the warde ne custodie of any castelles, lordshippes, maners, londes and tenementes or othre hereditamentes of the seid Henry, ne any of his auncestres, in any wise forfeited by the seid acte or actes of atteyndre; but that þe seid erle of Surrey be therof, and of every of theym, and of all accions touching the same, excluded, in suche maner and fourme as he shuld have ben if the seid acte of atteyndre were still in force, and this present acte of restitucion were not hadde ne made. And that it be ordeyned by the seid auctorite that this acte of restitucion extend not ne in any wise stretche to or for the maner of Ketilbergh in the shire of Suff', ner to or for the maner of Siselond in the shire of Norff', ne to any parcell therof, by what so ever name or names the seid maners, or either of theym, be named or called. And that it be ordeyned by the seid auctorite that the appoyntement, agreament, accorde and particion hadde and made betwixt the seid late duke of Norff' and William Marques Berkeley, then called William erle of Notyngham, of any maners, londes, tenementes, rentes, revercions, services, possessions or hereditamentes and othre < premisses, and > of every parcell of theym, stond and be gode and effectuell in the lawe, ageyn and betwixt theym and every of theym, and the heires of every of theym, and ayenst all their feoffees of trust and the heires of every of theym. And that it be enacted by the seid auctorite that all fynes, feoffementes, grauntes and recuverees, levied, had or made to the kyng, or to any othre to his use, by or ageyn the seid marques, or by or ageyn any feoffee to his use, be gode and effectuell to the king and his heires, aftir the tenur and effecte of the same, ageyn all othre persones claymyng any thing comprised or conteyned in the seid fynes, feoffementes, grauntes or recoverers, by the seid marques, or any othre feoffee or feoffees to thuse of the seid marques, and ageyn the seid erle of Surrey and his heires. | May it please your highness, of your special grace and blessed disposition, by the advice and assent of your lords spiritual and temporal and the commons assembled in this present parliament, and by authority of the same, to ordain, decree and enact that the said act, and all acts of attainder and forfeiture had or made in the said parliament held at Westminster in the said first year of your most noble reign against the said late duke and against your said subject, and each of them, by whatever name or names they, or any of them, are called in the same act or acts of attainder, be void and of no force, strength or effect, either against the said late duke or against your said subject, their heirs and assigns, and the heirs of each of them; and that your said subject, as regards his own inheritance, rights and possessions as well as the inheritance, rights and possessions of the said late duke his father, whose heir he is, be restored to all rights, honours, castles, lordships, townships, manors, lands, tenements, rents, reversions, services, possessions and all other hereditaments which lately belonged to the said late duke, or any other person to his use, of which your said subject is, or at any time since the death of the said late duke was or should have been, inherited or inheritable if the same act or acts of attainder had never been had or made; and to all other rights, castles, honours, lordships, townships, manors, lands, tenements, rents, reversions, services, possessions and all other hereditaments which the said late duke and your said subject, and each of them, forfeited by reason of the said act or acts of attainder; notwithstanding the said act or acts of attainder. And that the said act or acts of attainder shall not be [col. b] harmful or prejudicial in any way to the said late duke or his heirs, or to your said subject or his heirs, or to any person or persons at any time being feoffee or feoffees to their use or to the use of any of them, but shall be entirely void and of no force, strength or effect against them and each of them. And that your said subject and his heirs and each feoffee or all feoffees to his use, or to the use of the said late duke, may have such advantage in everything, and be in as good condition in the law, and enter, have and enjoy the things stated, and every part of them, as if the said act or acts of attainder had never been had or made. And that your said subject and his heirs may lawfully enter into all the things stated, and every part of them, upon you, sovereign lord, as well as upon every other person; notwithstanding any descent or any other cause which has happened or befallen since the said act or acts of attainder were made, or any cause other than by his own deed. And that the entry, seisin and possession of your said subject and his heirs into all the things stated, and every part of them, had or restored to him by this act, shall be good and lawful to your said subject and his heirs, without any manner of suit for them, or for any part of them, to be made out of your hands by petition, livery or otherwise, after the process of your laws, and shall be of as good strength and effect in law as if your said subject had sued the same castles, lordships, manors, lands, tenements and other things stated in due form by petition, or by due and lawful livery or otherwise, out of your hands, according to your laws, and as if the same act or acts of attainder had never been had or made; even if the same castles, lordships, manors, lands, tenements and other things stated, or any part of them, were or are held of you or any of your noble progenitors, kings of England, in chief or otherwise. And that if you, sovereign lord, or any other person who, before the first day of this present parliament, has taken any issues or profits of any castles, manors, lands, tenements or other things stated, or any part of them, to which your said subject is restored by this act, or has intervened in them or any part of them, or has taken any goods or chattels of the said late duke or your said subject before 13 January in the fourth year of your most noble reign [1489], or if any such issues and profits, goods and chattels have come to your hands, sovereign lord, or to the hands of any other person or persons, that you, sovereign lord, and every other person or persons, shall not be charged or chargeable, sued, vexed or troubled in any way for them, but shall be entirely quit and discharged of the same forever. Saving to all the king's liege people such right, title, interest and possession as they, or any of them, has in any of the manors, lands, tenements and other hereditaments described above. And that it be ordained by the said authority that every person or persons having or occupying any part of the aforesaid manors, lands, tenements and other things stated, or having any annuities or rents out of them, or any part of them, by virtue or means of your letters patent, shall have and enjoy the same manors, lands, tenements, rents and other things specified in the said letters patent, according to their tenor; notwithstanding this general act of restitution. And that it be ordained by the same authority that your said subject, from Michaelmas last, shall have to him and his heirs all reversions and services of all manors, lands, tenements or other hereditaments reserved by or upon the same letters patent, and all reversions and services of the same manors, lands, tenements, rents or other hereditaments which now are vested in the king by reason of the same letters patent or otherwise, and all rents [p. vi-449][col. a] and services reserved by or upon the same letters patent which are vested in you, sovereign lord; and that it shall be lawful for your said subject and his heirs to distrain to his own use, with regard to the same rents reserved by or upon any such letters patent, for non-payment of the same rent at the days specified in the said letters patent. And furthermore, be it ordained by the said authority that if the estate or interest of any person or persons having any part of the lands and tenements, rents, annuities and other things stated, or any part of them, contained in any of the same letters patent, as is aforesaid, is or shall come to an end, cease, expire, be void or voided, or if any person or persons who has any estate of inheritance, freehold or interest by your letters patent, as is aforesaid, in any part of the same manors, lands, tenements, rents or other things stated, makes estate, bargain, sale or gift to your said subject or his heirs in fee-simple or otherwise of any lands, tenements, rents or other things contained in any of the said letters patent; that immediately after the end, cessation, expiry or voidance of their said estates or interest, or after the said estate, bargain, sale or gift is so made, the said letters patent from that time shall be entirely void; and that then your said subject and his heirs shall be immediately judged to be in possession of everything in which the estate or interest of such person or persons has ended, expired or been voided, or estate, bargain, sale or gift is or shall be so made, of and in the same possession and estate as he or they should have been if the said act or acts of attainder, or any letters patent made of the same, had never been had or made; without making any manner of suit for the same, or any part of it, out of your hands by petition, livery or otherwise, after the process of your laws, and of as great strength and effect in law as if your said subject had sued the same castles, lordships, manors, lands, tenements, reversions or rents reserved upon any such letters patent, and all other things stated out of your hands, in due form by petition or by due and lawful livery or otherwise, according to your laws, and as if the same act or acts of attainder, or any of them, or any letters patent concerning them, had never been had or made; even if the same castles, lordships, manors, lands, tenements, rents and other things stated, or any part of them, were or are held of you or your noble progenitors, kings of England, in chief or otherwise. And moreover, be it enacted by the same authority that all the grants and offices had or made in writing by the said earl of Surrey to John, earl of Oxford, Ralph Sheldon, knight, and William Okeley, yeoman, and to each of them, since the feast of Christmas in the fourth year of your noble reign [1489], shall be good and effectual; notwithstanding this act of restitution. And that it be ordained by the said authority that the aforesaid act of restitution shall not extend or be harmful or prejudicial to Sir William Stanley, knight, with regard to any of the things stated. And that it be further ordained by the said authority that this said act of restitution shall not extend to any castles, manors, lands, tenements, rents, annuities or other hereditaments lately given and granted to the said late duke or your said subject, or any of them, by King Richard III, but only to the creation of your said subject as earl of Surrey, and his title of earl by reason of the same creation, and to the annuity granted to him and his male heirs begotten of his body for the maintenance of the same. And be it also ordained by the same authority that this act of restitution shall not extend to any manors, lands, tenements or other hereditaments to which any person or persons, other than [col. b] your said subject, is or are restored by any act or acts of parliament had or made at any time between 21 August in the first year of your most noble reign and Michaelmas last. And that the said act of restitution shall not extend to or affect in any way the ward or marriage of Henry, earl of Essex, or the ward or custody of any castles, lordships, manors, lands and tenements or other hereditaments of the said Henry, or any of his ancestors, forfeited in any way by the said act or acts of attainder; but that the said earl of Surrey shall be excluded from them, and each of them, and from all actions concerning them, in such manner and form as he should have been if the said act of attainder were still in force and this present act of restitution had not been had or made. And that it be ordained by the said authority that this act of restitution shall not extend or stretch in any way to or for the manor of Kettleburgh in the county of Suffolk, or to or for the manor of Sisland in the county of Norfolk, or to any part of them, by whatever name or names the said manors, or either of them, are named or called. And that it be ordained by the said authority that the appointment, agreement, accord and partition made and drawn up between the said late duke of Norfolk and William, Marquis Berkeley, then called William, earl of Nottingham, with regard to any manors, lands, tenements, rents, reversions, services, possessions or hereditaments and other things stated, and every part of them, shall stand and be good and effectual in law, against and between them and each of them, and the heirs of each of them, and against all their feoffees in trust and the heirs of each of them. And that it be enacted by the said authority that all fines, enfeoffments, grants and recoveries levied, had or made to the king, or to anyone else to his use, by or against the said marquis, or by or against any feoffee to his use, shall be good and effectual to the king and his heirs, according to their tenor and effect, against all other persons claiming anything included or contained in the said fines, enfeoffments, grants or recoveries by the said marquis or any other feoffee or feoffees to the use of the said marquis, and against the said earl of Surrey and his heirs. |
| Qua peticione perlecta et mature intellecta, dominus rex, ex assensu et auctoritate predictis, tale eidem ut sequitur dedit responsum: | When this petition had been read through and fully understood, the lord king, by the aforesaid assent and authority, gave the following answer to it: |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Soite faite comme il este desire. (fn. vi-440-108-1) | Let it be done as it is desired. (fn. vi-440-108-1) |
| Provided allwey that neither this acte of restitucion, ne any othre acte or actes made or to be made in this present parlement, be not in any wise prejudiciall nor hurtfull to any astate, right, title, interesse or possession whiche Elizabeth duchesse of Norfolk, or any persone or persones to her use, hath or oweth to have in any castelles, maners, landes, tenementes, rentes, services, fees, annuities, avousons, patronages, possessions or enheritamentes, by reason or in the name of any dower or joyntour to hir assigned, appointed, willed or graunted, by acte of parlement or othre wise, ne to any parcell of the same. (fn. vi-440-110-1) | Provided always that neither this act of restitution, nor any other act or acts made or to be made in this present parliament, shall be prejudicial or harmful in any way to any estate, right, title, interest or possession which Elizabeth, duchess of Norfolk, or any person or persons to her use, has or ought to have in any castles, manors, lands, tenements, rents, services, fees, annuities, advowsons, patronages, possessions or hereditaments, by reason or in the name of any dower or jointure assigned, appointed, willed or granted to her by act of parliament or otherwise, or to any part of them. (fn. vi-440-110-1) |
| Provided also that the seid acte of restitucion, ne any othre acte or actes made or to be made in this present parlement, be not prejudiciall to any astate, right, [memb. 5] title, interesse or possession whiche the seid duchesse, or any persone or persones to hir use, hath or oweth to have in any castelles, maners, landes, tenementes, rentes, services, fees, annuities, avousons, patronages, possessions or inheritamentes in fee ferme or for terme of her lyf, terme of yeres or othrewise, by [p. vi-450][col. a] any gifte or graunte to hir by us therof by any our lettres patentes made; ne to any estate, right, title, interesse or possession whiche the seid duchesse, or any persone or persones to hir use, nowe hath or occupieth, or oweth to have or occupie, to hir belongeth or aperteyneth in any castelles, maners, landes, tenementes, rentes, services, fees, annuites, avousons, patronagez, possessions or inheritamentes, by reason of any wille by John duke of Norfolk late her husbond made; and that neither this acte of restitucion, ne any othre acte or actes afore reherced, in no wise be prejudiciall ne hurtfull to the seid duchese, in, for or to any of the seid castelles, maners, landes, tenementes and othre premisses, or any parte therof; but that the same duchesse have and enjoye all the seid castelles, maners, possessions, enheritamentes and othre premisses, and every parte þerof, according to suche title and interesse as she, or any othre to hir use or by hir, nowe hath or oweth to have in the same, the seid acte of restitucion, or any othre acte or actes in this present parlement made or to be made, in any wise notwithstanding, in as gode and available wise as the same duchesse, or any othre to hir use, shuld, might or ought have had or done if this acte of restitucion had never be had ne made. | Provided also that the said act of restitution, or any other act or acts made or to be made in this present parliament, shall not be prejudicial to any estate, right, [memb. 5] title, interest or possession which the said duchess, or any person or persons to her use, has or ought to have in any castles, manors, lands, tenements, rents, services, fees, annuities, advowsons, patronages, possessions or hereditaments in fee farm or for term of her life, term of years or otherwise, by [p. vi-450][col. a] any gift or grant of them made to her by us by any of our letters patent; or to any estate, right, title, interest or possession which the said duchess, or any person or persons to her use, now has or occupies, or ought to have or occupy, or which belongs or pertains to her in any castles, manors, lands, tenements, rents, services, fees, annuities, advowsons, patronages, possessions or hereditaments, by reason of any will made by John, duke of Norfolk, late her husband; and that neither this act of restitution nor any other act or acts rehearsed above shall be prejudicial or harmful in any way to the said duchess, with regard to any of the said castles, manors, lands, tenements and other things stated, or any part of them; but that the same duchess shall have and enjoy all the said castles, manors, possessions, hereditaments and other things stated, and every part of them, according to such title and interest as she, or anyone else to her use or by her, now has or ought to have in them, notwithstanding the said act of restitution, or any other act or acts made or to be made in this present parliament, in any way, in as good and valid a way as the same duchess, or anyone else to her use, should, might or ought to have had or done if this act of restitution had never been had or made. |
| Provided all wey that this acte, nor noon othre acte made nor to be made in this present parlement, be not prejudiciall nor hurtefull to Anne Marquisses Berkeley, for terme of hir lif, in, of, for or to any astate, right, title, possession or interesse whiche the seid Anne, or any othre persone or persones to her use, hath or ought to have, by fynes, feoffementes, grauntes, recoverees, willes or othrewise, of any castelles, maners, londes, tenementes, possessions or inhereditamentes whiche were to the seid marques, or any othre persone or persones to his use, othre than be conteyned or comprised in any of the seid fines, feoffementes, grauntes or recoverees; and that neither the seid acte, ne noone othre acte made or to be made in this present parlement, be not prejudiciall ne hurtefull to the same Anne, in, for or to any right, title or interesse of dower whiche she hath or may have in any castelles, maners, londes, tenementes, possessions and enhereditamentes, wherof the seid marques was seised of astate of enheritaunce aftir thespouselx betwene him and the seid Anne. Savyng to Thomas erle of Derby and to his heires, and to all feoffees to his use, suche right, title, entre, possession and interesse as they, or any of theym, had in the premisses, or any parcell therof, any tyme before < þe > begynnyng of this present parlement or any tyme syth. [editorial note: From here to the end of the paragraph seems to have been added later, in smaller writing, in the space between the items.] Savyng to Edward Viscount Lisle and to his heires, and to John Lisle his son, son and heir of Elizabeth, late wif to þe same viscount, and to his heires, and to þe right heirez of þe same Elizabeth, and to all feoffeez to thuse of þe same viscount or John, such right, title, entre, possession and interesse as they, or any of theym, had in < þe premisses, or in any > parcell therof, at eny tyme before the begynnyng of this present parlement or eny tyme sith, if any right or title be in theym, or any of theym. | Provided always that this act, or any other act made or to be made in this present parliament, shall not be prejudicial or harmful to Anne, Marchioness Berkeley, for term of her life, with regard to any estate, right, title, possession or interest which the said Anne, or any other person or persons to her use, has or ought to have, by fines, enfeoffments, grants, recoveries, wills or otherwise, in any castles, manors, lands, tenements, possessions or hereditaments which belonged to the said marquis, or to any other person or persons to his use, other than are contained or contained in any of the said fines, enfeoffments, grants or recoveries; and that neither the said act, nor any other act made or to be made in this present parliament, shall be prejudicial or harmful to the same Anne with regard to any right, title or interest by way of dower which she has or may have in any castles, manors, lands, tenements, possessions and hereditaments of which the said marquis was seised by inheritance after the betrothal between him and the said Anne. Saving to Thomas, earl of Derby, and his heirs, and to all feoffees to his use, such right, title, entry, possession and interest as they, or any of them, had in the things stated, or any part of them, at any time before the beginning of this present parliament or at any time since. Saving to Edward, Viscount Lisle, and his heirs, and to John Lisle his son, son and heir of Elizabeth, late wife of the same viscount, and his heirs, and to the right heirs of the same Elizabeth, and to all feoffees to the use of the same viscount or John, such right, title, entry, possession and interest as they, or any of them, had in the things stated, or in any part of them, at any time before the beginning of this present parliament or at any time since, if any right or title are in them, or any of them. |
| Pro Viscomiti Welles et uxore ejus. | For Viscount Welles and his wife. |
| 10. Item, quedam alia peticio exhibita est domino regi in parliamento predicto per Johannem Vicecomitem Welles, et dominam Ceciliam uxorem ejus; cujus tenor inferius annotatur: | 10. Item, another petition was presented to the lord king in the aforesaid parliament by John, Viscount Welles, and Lady Cecily his wife; the tenor of which is noted below: |
| To the king our sovereign lord, in the moste humble < wise shewith unto your highnes your oratours, > John Viscount Welles and Dame Cecill his wyf: that where upon communicacion of the mariage betwix the seid viscount and the seid Dame Cecill, it was promised that the seid viscounte shuld make or cause to be [col. b] made a sufficient, sewre and laufull astate of all the castelles, lordshippes, maners, londes and tenementes, revercions and othre hereditamentes, wherunto the same viscounte, by an acte of restitucion made in your parlement holden at Westm' the furst yere of your reigne, was restored; (fn. vi-440-116-1) to be had to the seid viscounte and Dame Cecill nowe his wyfe, and to the heires of the body of the seid viscounte laufully begotten; and over this, that the same Dame Cecill shall not be empeched of waste; whiche astate is not made. And nowe, sovereign lord, it is soo that the seid viscounte is appointed to attend upon your grace in your viage royall in to the parties beyond the see. | To the king our sovereign lord, your orators John, Viscount Welles, and Lady Cecily his wife most humbly show to your highness that where upon negotiation of the marriage between the said viscount and the said Lady Cecily, it was promised that the said viscount should make or cause to be [col. b] made an adequate, secure and lawful estate of all the castles, lordships, manors, lands and tenements, reversions and other hereditaments to which the same viscount, by an act of restitution made in your parliament held at Westminster in the first year of your reign [1485], was restored; (fn. vi-440-116-1) to be had to the said viscount and Lady Cecily now his wife, and to the heirs of the body of the said viscount lawfuly begotten; and moreover, that the same Lady Cecily should not be impeached of waste: which estate has not been made. And now, sovereign lord, it is the case that the said viscount is appointed to attend upon your grace in your royal expedition overseas. |
| That it may please your highnes, for the perfourmyng of the seid astate and in exchewyng of the grete charges and costes that shuld be to cause the seid astate to be made sure, to ordeigne, enacte and establisshe, by thadvyse of the lordis spirituall and temporall and the comons in this present parlement assembled, and by auctorite of the same, that the seid viscounte and Dame Cecill shall from hensforth have, holde and enjoye all the seid castelles, lordshippes, maners, londes and tenementes, and othre the premisses, to theym and to the heires of the body of the seid viscounte laufully begoten; and that the seid Dame Cecill shall not < be > empeched of waste. Savyng to every persone, othre than the heires of the seid viscounte and the feoffees of the same viscounte and their heires, suche right, title and interest as they nowe have, or ought to have if this acte had not be made. | That it may please your highness, to bring about the said estate and to avoid the great charges and costs necessary to make the said estate secure, to ordain, enact and decree, by the advice of the lords spiritual and temporal and the commons assembled in this present parliament, and by authority of the same, that the said viscount and Lady Cecily shall henceforth have, hold and enjoy all the said castles, lordships, manors, lands and tenements, and other things stated, to themselves and to the heirs of the body of the said viscount lawfully begotten; and that the said Lady Cecily shall not be impeached of waste. Saving to every person, other than the heirs of the said viscount and the feoffees of the same viscount and their heirs, such right, title and interest as they now have, or ought to have if this act had not been made. |
| Cui quidem peticioni perlecte et ad plenum intellecte, per dictum dominum regem, ex assensu et auctoritate predictis, taliter est responsum: | When this petition had been read through and fully understood, it was answered thus by the said lord king, by the aforesaid assent and authority: |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Soit faite comme il este desire. (fn. vi-440-121-1) | Let it be done as it is desired. (fn. vi-440-121-1) |
| Pro Domino la Warre. | For Lord de la Warre. |
| 11. Item, quedam peticio domino regi in parliamento predicto per communitates regni Anglie in eodem parliamento existentes ex parte Thome West militis, domini de la Warre, exhibita fuit, cum quadam cedula eidem peticioni annexa; cujus quidem peticionis tenor sequitur in hec verba: | 11. Item, a petition was presented to the lord king in the aforesaid parliament by the commons of the realm of England, being in the same parliament, on behalf of Thomas West, knight, Lord de la Warre, with a schedule attached to the same petition; the tenor of which petition follows in these words: |
| To the kyng our sovereign lord, in moste humble wise besechith your highnes your true liegeman, Thomas West knyght, lord de la Warre: that where your seid supliaunt was laufully seased of the maner of Swynesheved, with thappurtenaunces, in your countie of Lincoln, in his demesne as of fee, to the whiche thadvouson of the churche of the same town then was appending, till Richard the .iij. de , late in dede and not in right kyng of Englond, of his cruell and tyrannous disposicion, with force and manasse, caused your seid suppliaunt, by fyne lifte in his court before his justices of his comen benche at Westm', in the utas of Seynt Trinite, the furst yere of his reign, to knowlege an acre of lond, then parcell of the seid maner, and thadvouson aforseid, to be the right of the seid pretended kyng, as them whiche the same late pretended kyng had of the gifte of your seid suppliant, and them remised and quite claymed, for him and his heires, unto the seid late pretended kyng and his heires, with a warantie, as in the same fyne, the tenour wherof is to this peticion annexed, more pleynly is conteyned, to the utter disheriteson of your seid suppliant but if your speciall grace be shewid to him in this behalf. | To the king our sovereign lord; your true liegeman, Thomas West, knight, lord de la Warre, most humbly prays your highness that where your said suppliant was lawfuly seised of the manor of Swineshead with the appurtenances in your county of Lincoln in his demesne as of fee, to which the advowson of the church of the same vill then belonged, until Richard III, late in deed and not by right king of England, of his cruel and tyrannous disposition, with force and threats caused your said suppliant, by a fine levied in his court before his justices of his common bench at Westminster, at the octaves of Trinity, the first year of his reign, to acknowlege an acre of land, then part of the said manor, and the aforesaid advowson, to be the right of the said feigned king, as things which the same late feigned king had of the gift of your said suppliant, and he remitted and quitclaimed them, for himself and his heirs, to the said late feigned king and his heirs, with warranty, as is more fully contained in the same fine, the tenor of which is appended to this petition, to the complete disinheritance of your said suppliant if your special grace is not shown to him in this matter. |
| Please it your highnes, the premisses gracious to considre, and that by your highnes, by thassent of your lordes spirituall and temporall and the comens in this present parlement assembled, and by auctorite of the same, to ordeigne, establish and enacte that þe seid fyne and the recorde therof, [p. vi-451][col. a] and all that is conteyned theryn, be, from the .xij. day of February next commyng, adnulled and utterly voide, and of no force ne effecte; and that it be laufull unto your seid suppliant to entre in to the seid acre of lond in the seid fyne specified, aswell upon the possession of you, sovereigne lord, as of any othre persone, and the same acre and the advouson aforseid to have, holde, possede and enjoye in suche maner and fourme, and by suche right and title, as they or any of theym shuld or myght had doon if the seid fyne had never be lifte ne the seid knowlege had never be made. Savyng to every persone, othre than to your highnes and your heires, and the seid Richard late pretended kyng and his heires, suche right, title and interesse as they, or any of theym, have or at any tyme had in the premisses; and your seid suppliant shall pray to All myghty God for the preservacion of your moste noble and roiall estate. | May it please your highness graciously to consider the foregoing, and by your highness, by the assent of your lords spiritual and temporal and the commons assembled in this present parliament, and by authority of the same, to ordain, decree and enact that the said fine and the record belonging to it, [p. vi-451][col. a] and everything contained in them, from 12 February next be annulled and entirely void, and of no force or effect; and that it may be lawful for your said suppliant to enter into the said acre of land specified in the said fine, as well upon the possession of you, sovereign lord, as of any other person, and to have, hold, possess and enjoy the same acre and the aforesaid advowson in such manner and form, and by such right and title, as they or any of them should or might have done if the said fine had never been levied or the said acknowledgement had never been made. Saving to every person, other than to your highness and your heirs, and the said Richard, late feigned king, and his heirs, such right, title and interest as they, or any of them, have or at any time had in the foregoing; and your said suppliant shall pray to Almighty God for the preservation of your most noble and royal estate. |
| Qua peticione sepius lecta et materia in eadem mature intellecta, eidem per dominum regem, assensu et auctoritate pretactis, talis fiebat responsio: | When this petition had been read several times, and its contents fully understood, this reply was made to it by the lord king, by the aforestated assent and authority: |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Soit faite comme il este desire. (fn. vi-440-130-1) | Let it be done as it is desired. (fn. vi-440-130-1) |
| Tenor vero cedule predicte sequitur sub hiis verbis: | The tenor of the aforesaid schedule follows in these words: |
| Hec est finalis concordia facta in curia domini regis, apud Westm' in octabis Sancte Trinitatis, anno regnorum Ricardi regis Anglie et Francie tercii a conquestu primo, coram Thoma Bryan, Ricardo Neell, Johanne Catesby et Humfrido Starky, justiciariis, et aliis domini regis fidelibus tunc ibidem presentibus, inter ipsum dominum regem, querentem, et Thomam West militem, dominum de la Warre, deforciantem, de una acra terre, parcella manerii de Swynesheved, cum pertinenciis, ac de advocacione ecclesie ejusdem ville, unde placitum convencionis sumptum fuit inter eos in eadem curia; scilicet, quod predictus Thomas recognovit predictam terram, cum pertinenciis, et advocacionem predictam, esse jus ipsius domini regis, ut illas quas idem dominus rex habet de dono predicti Thome, et illas remisit et quietum clamavit de se et heredibus suis predicto domino regi et heredibus suis imperpetuem. Et preterea idem Thomas concessit, pro se et heredibus suis, quod ipsi warantizabunt predicto domino regi et heredibus suis, predictam terram, cum pertinenciis, et advocacionem predictam, contra omnes homines imperpetuem. Et pro hac recognicione, remissione, quieta clamacione, waranto, fine et concordia, idem dominus rex dedit predicto Thome centum libras sterlingorum. | This is the final concord made in the court of the lord king at Westminster, at the octave of Trinity, in the first year of the reign of Richard, king of England and France, the third since the conquest, before Thomas Bryan, Richard Neell, John Catesby and Humphrey Starky, justices, and other lieges of the lord king then present there, between the lord king himself, complainant, and Thomas West, knight, Lord de la Warre, deforciant, concerning an acre of land, part of the manor of Swineshead, with the appurtenances, and the advowson of the church of the same vill, concerning which a plea of covenant was made between them in the same court; namely that the aforesaid Thomas acknowledged the aforesaid land with the appurtenances, and the aforesaid advowson, to be the right of the lord king, as things which the same lord king has of the gift of the aforesaid Thomas, and he remitted and quitclaimed them for himself and his heirs to the aforesaid lord king and his heirs in perpetuity. And moreover the same Thomas granted, for himself and his heirs, that they will warrant the aforesaid land, with the appurtenances, and the aforesaid advowson to the aforesaid lord king and his heirs against all men in perpetuity. And for this acknowledgement, remission, quitclaim, warranty, fine and agreement, the same lord king has given the aforesaid Thomas £100 sterling. |
| Pro priore Ecclesie Cristi Cantuar'. | For the prior of Christ Church, Canterbury. |
| 12. Item, quedam alia peticio porrecta fuit domino regi in parliamento predicto per Willelmum priorem Ecclesie Cristi Cantuar', hanc verborum seriem comprehendens: | 12. Item, another petition was delivered to the lord king in the aforesaid parliament by William, prior of Christ Church, Canterbury, containing these words: |
| To the kyng oure sovereign lord, in the moste humble wise besechith your highnes William priour of Cristchurche of Caunterbury, of your noble fundacion: that where late Kyng Edward the fourthe, by his lettres patentes bering date at Westm', the .v. day of Decembre, the first yere of his reigne, graunted the lordshipe and maner of Paunfeld, with thappurtenaunces, the whiche was a priour aliene by the name of the maner of Paunfeld, othrewise called the priory of Paunfeld, with all londes, tenementes, medowes, pastures, wodes, rentes and services to the same maner perteynyng, in the countie of Essex and the citie of London, to Griseld, the whiche was wyfe of John Hynde thelder squier; to have and to hold to hir and to hir heires and assignees of the same late kyng and his heires for evermore, by the service of a redde rose yerely at the fest of the Nativite of Seynt John the Baptist, to the same late kyng and his heires, for all [col. b] maner services to be yolden, as in the same lettres patentes more pleynly apperith. By vertue of wiche lettres patentes, the same Griseld was therof seised in her demesne as of fee, the whiche Griseld so beyng therof seised, bargeyned and sold the same maner, othre wise callid the priory of Paunfeld, to the moste reverend fadre in God, Thomas late cardynall and archebisshope of Caunterbury, for a grete somme of money by him to hir paied; and theruppon the same Griseld, at the nominacion and desire of the same late cardynall, therof enfeoffed Laurence late bisshope of Duram, Thomas < nowe archebisshope > of Yorke, John Wyngfeld, knyght, Thomas Wynterbourne, clerk, John Clerke, late oon of the barons of the escheker of the seid late King Edward the .iiij. th , John Brunston, squyer, Alexander Wode and William Duraunt, to have to theym and to their heires in fee, to thuse of the same late cardynall and of his heires; the whiche late cardynall, considering that the seid maner and lordshipe of olde tyme was a priour aliene, and lyvelode of þe churche, willed and ordeyned the seid maner, with thappurtenaunces, to be yoven to the seid late bisshope of Durham and his seid cofeoffees, to the seid priour of Cristchurche < and to his successours in fee > forevermore, < to kepe a dayly masse and yerely an obite, and to doo certeyn > almes and othre observaunces and prayers in the seid priory, for him and his soule and all Cristen soules for evermore, as in the same ordinaunce of the seid late cardynall more pleynly apperith. And so the seid late bisshope of Duram and his seid cofeoffees, of the seid maner, with thappurtenaunces, by the licence of the seid late Kyng Edward, infeoffed the seid priour, to have to him and to his successours, according to the same ordinaunce; by vertue wherof, the same priour was therof seised in his demesne as of fee, in the right of the seid churche. But for asmuch as there was an acte of resumpcion in the parlement of the seid Edward late kyng, holden at Westm' the .vi. day of Octobre, the .xij. yere of his reigne, hit to take effecte from the fest of Seynt Thomas thappostill, in the yere of our lord God .mcccclxxiij., the whiche was the .xiij. th yere of the reigne of the seid late King Edward, to the whiche there was made a generall proviso for all religious houses, (fn. vi-440-137-1) and the seid feoffement made to your seid suppliant was meane betwene the seid .vi. day of Octobre and the seid fest of Seynt Thomas thappostill, whiche the seid late cardynall and your seid suppliant trusted shuld have ben gode and sufficient; where it is not, bicause the seid proviso hath relacion to the seid .vi. day of Octobre, the whiche was before the same feoffement, and therfor by that acte of resumpcion is there processe made in your escheker ayenst him, to aunswere the profites of the seid maner to your highnes, and so thereby shuld the seid devoute ordinaunce of the seid cardynall be utterly voide and adnulled, on lesse it please youre highnes to have speciall tendirnesse and consideracion therunto. | To the king our sovereign lord; William, prior of Christ Church, Canterbury, of your noble foundation, most humbly prays your highness, that where the late King Edward IV, by his letters patent given at Westminster on 5 December in the first year of his reign [1461], granted the lordship and manor of Panfield, with the appurtenances, which was an alien priory by the name of the manor of Panfield, otherwise called the priory of Panfield, with all the lands, tenements, meadows, pastures, woods, rents and services pertaining to the same manor in the county of Essex and the city of London, to Griselda, the widow of John Hynde, the elder, esquire; to have and to hold to her and to her heirs and assigns of the same late king and his heirs in perpetuity, by the service of a red rose annually at the feast of the Nativity of St John the Baptist, to the same late king and his heirs, for all [col. b] services to be rendered, as appears more fully in the same letters patent. By virtue of which letters patent, the same Griselda was seised of it in her demesne as of fee, which Griselda, being so seised, bargained and sold the same manor, otherwise called the priory of Panfield, to the most reverend father in God, Thomas, late cardinal and archbishop of Canterbury, for a great sum of money paid by him to her; and therupon the same Griselda, at the nomination and request of the same late cardinal, enfeoffed Laurence, late bishop of Durham, Thomas, now archbishop of York, John Wingfeld, knight, Thomas Wynterbourne, clerk, John Clerke, late one of the barons of the exchequer of the said late King Edward IV, John Brunston, esquire, Alexander Wode and William Duraunt, to have to them and to their heirs in fee, to the use of the same late cardinal and of his heirs; which late cardinal, considering that the said manor and lordship was once an alien priory and the property of the church, willed and ordained that the said manor, with the appurtenances, should be given by the said late bishop of Durham and his said cofeoffees to the said prior of Christ Church and to his successors in fee in perpetuity, to keep a daily mass and an annual obit, and to give certain alms and perform other observances and prayers in the said priory, for him and his soul and all Christian souls in perpetuity, as appears more fully in the same ordinance of the said late cardinal. And so the said late bishop of Durham and his said cofeoffees enfeoffed the said prior with the said manor with the appurtenances, by the licence of the said late King Edward, to have to him and to his successors, according to the same ordinance; by virtue of which the same prior was seised of it in his demesne as of fee, in right of the said church. But there was an act of resumption in the parliament of the said late King Edward held at Westminster on 6 October in the twelfth year of his reign [1472], to take effect from the feast of St Thomas the Apostle [21 December] 1473, which was the thirteenth year of the reign of the said late King Edward, to which there was made a general proviso for all religious houses, (fn. vi-440-137-1) and because the said enfeoffment made to your said suppliant was made between the said 6 October and the said feast of St Thomas the Apostle, the said late cardinal and your said suppliant trusted that it should have been good and sufficient; but it is not, because the said proviso relates to the said 6 October, which was before the same enfeoffment, and therefore by that act of resumption there is a process in your exchequer against him, to answer to your highness for the profits of the said manor, and in this way the said devout ordinance of the said cardinal will be entirely void and annulled, unless it pleases your highness to give it special care and consideration. |
| That it may please your highnes, by thadvyse and assent of the lordes spirituelx and temporelx and comyns in this parlement assembled, and by auctorite of the same, to enacte, ordeigne and stablissh that the seid lettres patentes of the forseid late King Edward, be, fro the tyme of the making of theym, as gode and effectuell in the lawe, and of like force and effecte, as if none acte of resumpcion, generall ne speciall, ne oþer acte of parlement, had ben made ne had in the tyme of the reigne of the seid Edward late kyng, ne any tyme aftir, to the hurte or adnullacion of þe same lettres patentes. And that the seid priour your suppliaunt may have and enjoye to him and his successours the seid maner and lordshipe, othirwise callid the priory of Paunfeld, and the seid priour and his successours to be quite [p. vi-452][col. a] and discharged ayenst you, sovereign lord, and your heires and successours, of and for all issues and profites afore this tyme received, or heraftir to be received, of the seid maner othirwise callid the priory of Paunfeld, without accompte or any othre thing to your highnes or your heires or successours therfor yelding. Savyng to every persone, othre then you, sovereign lord, suche right, title and interesse in the seid maner and lordshipe, with thappurtenaunces, as he myght or shuld have had if this acte never had be made. | May it please your highness, by the advice and assent of the lords spiritual and temporal and the commons assembled in this parliament, and by authority of the same, to enact, ordain and decree that the said letters patent of the aforesaid late King Edward be, from the time they were made, as good and effectual in law, and of the same force and effect, as if no act of resumption, general or special, or other act of parliament, had been made or had during the reign of the said Edward late king, or at any time after, to the harm or annulment of the same letters patent. And that the said prior your suppliant may have and enjoy, to himself and his successors, the said manor and lordship, otherwise called the priory of Panfield, and the said prior and his successors be quit [p. vi-452][col. a] and discharged against you, sovereign lord, and your heirs and successors, of and for all issues and profits received before this time, or to be received subsequently, from the said manor otherwise called the priory of Panfield, without rendering account or anything else to your highness or your heirs or successors for them. Saving to every person, other then you, sovereign lord, such right, title and interest in the said manor and lordship, with the appurtenances, as he might or should have had if this act had never been made. |
| Que quidem peticio sepe lecta et intellecta erat, et eidem per dominum regem, ex assensu et auctoritate supradictis, taliter extitit responsum: | When this petition had been read several times and understood, this answer was given to it by the lord king, by the aforesaid assent and authority: |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Soit faite comme il este desire. (fn. vi-440-142-1) | Let it be done as it is desired. (fn. vi-440-142-1) |
| Pro Thoma Lovell milite. | For Thomas Lovell, knight. |
| 13. Item, quedam billa, formam cujusdam actus in se continens, cum certis provisionibus et reservacionibus eidem bille annexis, per communitates regni predicti exhibita fuit domino regi in parliamento predicto, ex parte Thome Lovell militis; cujus bille tenor consequenter continetur, sub hiis verbis: | 13. Item, a bill containing the text of an act, with certain provisos and reservations attached to the same bill, was presented to the lord king in the aforesaid parliament by the commons of the aforesaid realm, on behalf of Thomas Lovell, knight: the tenor of which bill follows in these words: |
| Where by an acte of parlement made in the parlement of Edward the .iiij. th late kyng of Englond, holden at Westm' the .iiij. th day of Novembre in the first yere of his reigne, it was ordeyned, [memb. 6] establisshed that Thomas late Lord Roos, whiche ought his feithfull alliegeaunce and true service to the moste blessid and moste < noble > Cristen prince King Henry the .vi. te , shuld be, by the name of Thomas Lord Roos, unabled for ever from thensforth to have, hold, enherite or enjoye any name of dignite, estate or preeminence within Englond, Irelond, Wales or Caleis, or in the marches therof, and that his heires shuld be unabled to have or clayme by him any suche name, estate or preeminence, and that the same Thomas shuld be convicted and atteynted of high treason, and shuld forfeite to the seid Edward late kyng and to his heires all castelles, maners, lordshippes, londes, tenementes, rentis, services, fees, advousons, hereditamentes and possessions, with their appurtenaunces, whiche he, or any persone or persones to his use or behove, had the .iiij. th day of March, the seid furst yere, or to the whiche the seid Thomas, or any othir persone or persones feoffees to his use, had the same day laufull cause of entre, within Englond, Irelond, Wales or Caleis, or the marches therof, oute of the libertie of the bisshope of Dureham, as in the same acte more pleynly it is conteyned. (fn. vi-440-146-1) And also where by an othre acte of parlement made in the parlement of the king our sovereigne lord that nowe is, holden at Westm' the .vij. th day of Novembre in the first yere of his reigne, it was ordeyned and establisshed that the seid acte, and all other actes of attayner and forfeiture made or had in the tyme of the seid Edward late king, ageynst the seid Thomas late Lord Roos or his heires, or to the hurte or losse of him or of his heires, or any feoffee or feoffees to his use, shuld be ageynst the same Thomas and his heires, and all othre persones feoffees to his use of him or of his heires, at the makyng of the same or any tyme sith, utterly voide, adnulled and of non force ne effecte. And that Edmond, son and heire of the seid Thomas late Lord Roos, and his heires, shuld be restored, enhabled and have all suche name, dignite, estate and preeminence, and inherit, have, hold, occupie and enjoye all castelles, maners, lordshippes, londes, tenementes, rentis, revercions, services, advousons and othre possessions and hereditamentes, aswell forfaited by the seid acte or actes, or any of theym, as all othre what so ever they be, [col. b] in suche maner and fourme, and in as large and advailable wise, as the seid Edmond shuld or myght have had or doon if the seid acte or actes of atteyner, or any of theym, had never be had ner made; and that every of the same acte ne actes, ne any of theym, ne any lettres patentes made by reason or occasion of the same, shuld be in any wyse hurtefull or prejudiciall to the seid Edmond, ne to his heires or assignees, ne to any feoffee to his use, touching the premisses ne any parcell therof, but shuld be ayenst theym and every of theym utterly voyde; and that the same Edmond and his heires, and all feoffees to his use, shuld have suche avauntage in every thing, and shuld be in as gode case, as if the seid acte or actes, ne any of theym, had never be made. And where by the same auctorite it was, in the same parlement of the kyng our sovereigne lord that nowe is, ordeyned and enacted that the same king our sovereign lord shuld have, perceive and enjoye all thissues and profites of all suche lordshippes, maners, londes and tenementes, and othre hereditamentes, to the seid Edmond by the seid acte restored, from the seid .ix. day of Octobre, during his pleasire, the same acte of restitucion in any wise notwithstanding, as more pleynly is conteyned in the same acte. (fn. vi-440-146-2) The kyng our sovereign lord that nowe is, for somuche that the seid Edmond is not of sufficient discrecion to gyde him self and his lyvelode, nor able to serve his highnes aftir his duetie, and for diverse othre great consideracions and causes resonable, willeth and by thauctorite of this present parlement enacteth, ordeyneth and establissheth that Thomas Lovell knyght, have the guydyng and governaunce of the seid Edmond, from the fest of Seynt John Baptist in the second yere of the reigne of our seid sovereigne lord, aswell of the seid Edmond as of all the seid castelles, lordshippes, londes, tenementes, rentes, services, fees, advousons, hereditamentes and possessions, with their appurtenaunces, to the seid Edmond as is afore rehercid restored, and of all othre castelles, maners, lordshippes, londes, tenementes, rentis, revercions, services, fees, advousons, hereditamentes and possessions, in lawe or in consciens descendid to the seid Edmond. And that < þe seid Thomas Lovell, > ymmediatly aftir the decesse of the seid Edmond, shall mowe enter in to all the seid castelles, maners, lordshippes, londes, tenementes, rentes, revercions, services, advousons, hereditamentes and possessions, with their appurtenaunces, and the same have, holde and enjoye, with all issues and profites of the same, to his own use, during the lyfe of the seid Thomas Lovell, whether any inquisicions be therof or of any parcell therof had, taken and retourned, or not had, taken ne retourned, without travers, peticion or othre sute in any wise to be had or made; yelding yerely therfor out of the same to our seid sovereigne lord and to his heires, from the seid fest of Seynt John the Baptiste, during the lyfe of the seid Thomas, seven hundred marc, at the festes of Cristmes and Nativite of Seynt John Baptiste by even porcions, without any accompte, exaccion, demaunde or any othre thing to be had or yolden to the kyng or his heires, of, by or ayenst the seid Thomas Lovell and his heires, executours or administratours, by reason or cause of any of the premisses, othir than the seid .vij. hundred marc only; the seid acte of restitucion, or the seid acte that the kyng our sovereign lord that nowe is shuld have, perceyve and enjoye all thissues and profites of all suche castelles, maners, lordshippes, londes, tenementes, rentis, services, fees, advousons, hereditamentes and possessions, with their appurtenaunces, to the seid Edmond by the same acte of restitucion restored, during his pleasire, or any othre acte in the seid parliament holden at Westm', the seid .vij. day of [p. vi-453][col. a] Novembre, or any tyme afore, notwithstanding. And be it ordeyned by the seid auctorite that if the seid Thomas Lovell dye, lyving our seid sovereign lord, that then, aftir the decesse of the seid Thomas Lovell, our seid sovereign lord shall have, perceive and enjoye, to his own use, all thissues and profites of all the seid castelles, maners, lordshippes, londes, tenementes and other hereditamentes, with their appurtenaunces, during his pleasire, in like maner and fourme as it was ordeyned upon the acte of restitucion aforseid. Savyng every othre persone such right, title and interesse of, in or to the premisses, and every parte therof, as they or any of theym nowe shuld or ought to have had if this acte had not ben had ne made. Provided alwey that this present acte shall extend only to all suche castelles, maners, londes, tenementes, rentis, revercions and othre hereditamentes whiche were restored or comprised, or that the seid acte of restitucion in any wise myght extend < to at þe tyme > < of > makyng of the same, and not to any othre castelles, maners, londes, tenementes, rentes, revercions nor to othre hereditamentes heraftir to discend, revert, remayn or to comme in any wise. And ferthermore, it is enacted, ordeyned < and > establisshed by the seid auctorite that Richard Roos squier, shall from hensforth peasibly have, possede, < perceive > and enjoye, to him and his assignees, for terme of his lyfe, a yerely rent of .xl.li., goyng oute of the maners of Holt and Cley, Hakford, Withwell, Houghton, Watton and Wodehous within the countie of Norff', the maner of Brenbradfeld in the countie of Suff', the whiche maners beth of the inheritaunce of Edmond Lord Roos, to be payed yerely to the same Richard and his assignees, terme of lyfe of the same Richard, at the festis of the Nativite of Seynt John the Baptiste, and the Nativite of our lord God by even porcions. And if < and > as often as it shall happen the seid annuall rent, or eny parcell therof, eny tyme during the seid terme, to be behynd and unpayd, in part or in all, at any of the seid festes, that then and so often it shalbe laufull to the seid Richard and his assignees to entre in to the seid maners of Holt, Cley, Hacford, Withwell, Houghton, Watton and Wodehous in the said countie of Norff', and in the maner of Brendbradfeld in the countie of Suff', and every parcell of theym, and there to distreyn, and the distres so taken to dryve, lede, chace and bere awey, imparke and reteigne, unto the tyme that the same Richard or his assignees, of the seid yerely rent and every parcell therof, with all tharreraiges of the same, be fully satisfied, content and payed. And if and as often as it shall happen the seid yerely rent, or eny parcell therof, eny tyme during the seid terme, to be behynd and unpaied at any of the festis aboveseid, and by þe space of a moneth next ensuyng eny of the < same festis, > that then and so often the seid Richard and his assignees shall have .v.li. in the name of a payn. And over that, if and as often as it shall fortune the seid yerely rent, or eny parcell therof, at eny tyme during the seid terme, to be behynd and unpayd at any of the seid festis, by the space of .ij. monethis next ensuyng any of the seid festis, that then and so often the forseid Richard and his assignees shall have othre .v.li. in name of a payne, over and beside the forseid first payn of .v.li. And that it shalbe laufull to the seid Richard and his assignees, as often as it shall fortune the seid paynes, or any of theym, in fourme aforseid to be due, to enter in to all the seid maners and every parcell of theym, and there to distreyn, aswell for the seid paymentes as for the seid arreragies of the seid rent, and the distres so taken to dryve, lede and chace, bere awey, impark and withholde, unto the tyme that the seid Richard and his [col. b] assignees, aswell of the same paynes and every parcell therof as of all tharreragies of the seid rent, be fully satisfied, content and payed. And also, be it enacted by thauctorite aboveseid that Elizabeth duches of Norff' and her assignees from hensforth shall peasibly have, possede, perceive and enjoye, to them and their assignees, an annuell rent of .xl.li., goyng oute of all the seid maners with their appurtenaunces, to < be > payd yerely to the seid duches and her assignees, and executours of the seid duches, at the festis of the Nativite of Seynt John the Baptiste and the Nativite of our lord God, by even porcions, unto the tyme that the same duches or her assignees, or thexecutours of the same duches, be fully paied, and have received of the same annuell rent .dc. marc, for and to thuse of the mariage of Mary and Elizabeth, doughters to the forseid Richard Roos, and of the lengest lyvers of them, and in the same .dc. marc, to be rated and apporcioned betwix the seid Mary and Elizabeth, by the discrecion of the seid duches and her executours. And if and as often as it shall happen the same annuall rent, or any parcell therof, at any tyme to be behynd and unpayd to the seid duches, her executours or assignees, in parte or in all, at any of the seid festis, that then and so often it shalbe laufull to the same duches, her assignees and executours of the seid duches to entre in to all the seid maners, with their appurtenaunces, and every parcell of them, and there to distreyn, and the distres so take to lede, dryve, enchace and bere awey, imparke and reteigne, unto the tyme that the same duches, her assignees and executours of the seid duches, of the seid yerely rent in fourme aforseid to them graunted, and every parcell therof, and with all arreragies of the same, be fully satisfied, content and payed. And if and as often as it shall happen the seid annuall rent to the seid duches in fourme aforseid graunted, or any parcell therof, any tyme to be behynde and unpayed at any of the seid festis, and by the space of a moneth next ensuyng any of the same festis, that then and so often the seid duches, her assignees or executours of the same duches shall have .v.li. in þe name of a peyne. And over that, if and as often as it shall fortune the same yerely rent, or any parcell therof, any tyme to be behynd and unpayed at any of þe seid festis, and by the space of .ij. monethes next ensuyng any of the seid festis, that then so often the forseid duches, her assignees and executours of þe same duches shall have othir .v.li. in the name of an othre peyne. And that it shalbe laufull to the seid duches, the assignees or executours of þe same duches, as often as it shall fortune the same peynes, or any of theym, in fourme aforseid to be due, to enter in all the seid maners, and every parcell therof, and there to distreyne, aswell for the same paynes as for the seid annuall rent and arreragies of the same, and the same distresse so taken to dryve, lede, enchace, bere awey, imparke and reteigne, unto the tyme that the same duches, and the assignees or executours of the seid duches, aswell of the seid annuall rentis as of the peynes, and every parcell therof, be fully satisfied, content and payed. Provided all wey that if the forseid Mary and Elizabeth dye unmaryed, before the seid .dc. marc be in fourme forseid fully paied and content, that then from thensforth the payment of the seid annuall rent in fourme aforseid graunted unto the seid duches, and this present graunte therof, to be voide. | Where by an act of parliament made in the parliament of Edward IV late king of England held at Westminster on 4 November in the first year of his reign [1461], it was ordained [memb. 6] and decreed that Thomas, late Lord Roos, who owed his faithful allegiance and true service to the most blessed and most noble Christian prince King Henry VI, should be, by the name of Thomas, Lord Roos, unabled thenceforth forever to have, hold, inherit or enjoy any title of dignity, estate or pre-eminence in England, Ireland, Wales or Calais, or in their marches, and that his heirs should be unable to have or claim by him any such title, estate or pre-eminence, and that the same Thomas should be convicted and attainted of high treason, and should forfeit to the said Edward late king and to his heirs all the castles, manors, lordships, lands, tenements, rents, services, fees, advowsons, hereditaments and possessions, with their appurtenances, which he, or any person or persons to his use or benefit, had on 4 March in the said first year, or into which the said Thomas, or any other person or persons feoffees to his use, had on the same day lawful cause of entry, in England, Ireland, Wales or Calais, or their marches, outside the liberty of the bishop of Durham, as is more fully contained in the same act. (fn. vi-440-146-1) And where also by another act of parliament made in the parliament of the king our present sovereign lord held at Westminster on 7 November in the first year of his reign [1485], it was ordained and decreed that the said act, and all other acts of attainder and forfeiture made or had in the time of the said late King Edward against the said Thomas, late Lord Roos, or his heirs, or to his harm or loss or that of his heirs, or of any feoffee or feoffees to his use, should be against the same Thomas and his heirs, and all other persons feoffees to his use or that of his heirs, when they were made or at any time since, entirely void, annulled and of no force or effect. And that Edmund, the son and heir of the said Thomas, late Lord Roos, and his heirs, should be restored to, enabled and have all such title, dignity, estate and pre-eminence, and inherit, have, hold, occupy and enjoy all the castles, manors, lordships, lands, tenements, rents, reversions, services, advowsons and other possessions and hereditaments forfeited by the said act or acts, or any of them, as well as all others whatever they are, [col. b] in such manner and form, and as fully and validly, as the said Edmund should or might have had or done if the said act or acts of attainder, or any of them, had never been had or made; and that the same act or acts, or any of them, or any letters patent made by reason or occasion of them, should not be in any way harmful or prejudicial to the said Edmund, or to his heirs or assigns, or to any feoffee to his use, concerning the foregoing or any part therof, but should be against them and each of them entirely void; and that the same Edmund and his heirs, and all feoffees to his use, should have such advantage in everything, and be in as good a case, as if the said act or acts, or any of them, had never been made. And where by the same authority, in the same parliament of the king our present sovereign lord, it was ordained and enacted that the same king our sovereign lord should have, receive and enjoy all the issues and profits of all such lordships, manors, lands and tenements, and other hereditaments, restored to the said Edmund by the said act, from the said 9 October, during his pleasure, notwithstanding the same act of restitution in any way, as is more fully contained in the same act. (fn. vi-440-146-2) The king our present sovereign lord, because the said Edmund is not of sufficient discretion to manage himself and his property, nor is able to serve his highness as is his duty, and for various other great considerations and reasonable causes, wills and by the authority of this present parliament enacts, ordains and decrees that Thomas Lovell, knight, shall have the guiding and governance of the said Edmund, from the feast of St John the Baptist in the second year of the reign of our said sovereign lord [24 June 1487], both of the said Edmund and of all the said castles, lordships, lands, tenements, rents, services, fees, advowsons, hereditaments and possessions, with their appurtenances, restored to the said Edmund as described above, and of all the other castles, manors, lordships, lands, tenements, rents, reversions, services, fees, advowsons, hereditaments and possessions, in law or in conscience descended to the said Edmund. And that the said Thomas Lovell, immediately after the death of the said Edmund, may enter into all the said castles, manors, lordships, lands, tenements, rents, reversions, services, advowsons, hereditaments and possessions, with the appurtenances, and have, hold and enjoy them, with all their issues and profits, to his own use, during the life of the said Thomas Lovell, whether any inquisitions have been had, taken and returned on them or any part of them, or not had, taken or returned, without traverse, petition or other suit being had or made in any way; paying 700 marks annually for them from the same, during the life of the said Thomas, to our said sovereign lord and to his heirs, from the said feast of St John the Baptist, at the feasts of Christmas and the Nativity of St John the Baptist in equal portions, without any account, exaction, demand or any other thing to be had or rendered to the king or his heirs, of, by or against the said Thomas Lovell and his heirs, executors or administrators, by reason or because of any of the foregoing, other than the said 700 marks only; notwithstanding the said act of restitution, or the said act that the king our present sovereign lord should have, receive and enjoy all the issues and profits of all such castles, manors, lordships, lands, tenements, rents, services, fees, advowsons, hereditaments and possessions, with their appurtenances, restored to the said Edmund by the same act of restitution, during his pleasure, or any other act made in the said parliament held at Westminster on the said 7 [p. vi-453][col. a] November, or at any time before. And be it ordained by the said authority that if the said Thomas Lovell should die during the lifetime of our said sovereign lord, then, after the death of the said Thomas Lovell, our said sovereign lord shall have, receive and enjoy, to his own use, all the issues and profits of all the said castles, manors, lordships, lands, tenements and other hereditaments, with their appurtenances, during his pleasure, in the same manner and form ordained upon the aforesaid act of restitution. Saving to every other person such right, title and interest of, in or to the foregoing, and every part of them, as they or any of them now should or ought to have had if this act had not been had or made. Provided always that this present act shall extend only to all the castles, manors, lands, tenements, rents, reversions and other hereditaments which were restored or included in the said act of restitution or to which it might in any way have extended at the time it was made, and not to any other castles, manors, lands, tenements, rents, reversions, or to other hereditaments subsequently to descend, revert, remain or to come [to him] in any way. And furthermore, it is enacted, ordained and decreed by the said authority that Richard Roos, esquire, shall henceforth peacefully have, possess, receive and enjoy, to himself and his assigns, for term of his life, a yearly rent of £40 from the manors of Holt and Cley, Hackford, Whitwell, Houghton, Watton and Woodhouse in the county of Norfolk, the manor of Bradfield Combust in the county of Suffolk, which manors are of the inheritance of Edmund, Lord Roos, to be paid annually to the same Richard and his assigns, for term of life of the same Richard, at the feasts of the Nativity of St John the Baptist and Christmas in equal portions. And if and as often as it shall happen that the said annual rent, or any part of it, is in arrears at any time during the said term, in part or in whole, at any of the said feasts, then and so often it shall be lawful for the said Richard and his assigns to enter into the said manors of Holt, Cley, Hackford, Whitwell, Houghton, Watton and Woodhouse in the said county of Norfolk, and into the manor of Bradfield Combust in the county of Suffolk, and every part of them, and to distrain there, and to drive, lead, move and carry away, impound and retain the distraints taken in this way, until the same Richard or his assigns have been fully satisfied, contented and paid the said annual rent and every part of it, with all its arrears. And if and as often as it shall happen that the said annual rent, or any part of it, at any time during the said term, is in arrears at any of the aforesaid feasts, and for the period of a month following any of the same feasts, then and so often the said Richard and his assigns shall have £5 by way of a penalty. And moreover, if and as often as it shall happen that the said yearly rent, or any part of it, at any time during the said term, is in arrears at any of the said feasts, for a period of two months following any of the said feasts, then and so often the aforesaid Richard and his assigns shall have another £5 by way of a penalty, over and above the aforesaid first penalty of £5. And it shall be lawful for the said Richard and his assigns, as often as it shall happen that the said penalties, or any of them, are due in the aforesaid form, to enter into all the said manors and every part of them, and to distrain, both for the said payments and for the said arrears of the said rent, and to drive, lead and move, carry away, impound and retain the distraints taken in this way, until the said Richard and his [col. b] assigns have been fully satisfied, contented and paid the same penalties and every part of them as well as all the arrears of the said rent. And also, be it enacted by the abovesaid authority that Elizabeth, duchess of Norfolk, and her assigns shall henceforth peacefully have, possess, receive and enjoy, to themselves and their assigns, an annual rent of £40 from all the said manors with their appurtenances, to be paid annually to the said duchess and her assigns, and the executors of the said duchess, at the feasts of the Nativity of St John the Baptist and Christmas, in equal portions, until such time as the same duchess or her assigns, or the executors of the same duchess, have been fully paid and have received from the same annual rent 600 marks, for and to the use of the marriage of Mary and Elizabeth, daughters of the aforesaid Richard Roos, in survivorship, and the same 600 marks to be assessed and apportioned between the said Mary and Elizabeth at the discretion of the said duchess and her executors. And if and as often as it shall happen that payment of the same annual rent, or any part of it, is at any time in arrears to the said duchess, her executors or assigns, in part or in whole, at any of the said feasts, then and so often it shall be lawful to the same duchess, her assigns and the executors of the said duchess to enter into all the said manors with their appurtenances, and every part of them, and to distrain there, and to lead, drive, move and carry away, impound and retain the distraints taken in this way, until the same duchess, her assigns and the executors of the said duchess have been fully satisfied, contented and paid the said annual rent granted to them in the aforesaid form, and every part of it, and with all its arrears. And if and as often as it shall happen that the said annual rent granted to the said duchess in the aforesaid form, or any part of it, is at any time in arrears at any of the said feasts, and for a period of a month following any of the said feasts, then and so often the said duchess, her assigns, or the executors of the same duchess shall have £5 by way of a penalty. And moreover, if and as often as it shall happen that the same annual rent, or any part of it, is any time in arrears at any of the said feasts, and for a period of two months following any of the said feasts, then and so often the aforesaid duchess, her assigns and the executors of the same duchess shall have another £5 by way of another penalty. And it shall be lawful for the said duchess, and the assigns or executors of the same duchess, as often as it shall happen that the same penalties, or any of them, are due in the aforesaid form, to enter into all the said manors, and every part of them, and to distrain there, for the same penalties as well as for the said annual rent and its arrears, and to drive, lead, move, carry away, impound and retain the same distraints taken in this way, until the same duchess, and the assigns or executors of the said duchess, have been fully satisfied, contented and paid both the said annual rents and the penalties, and every part of them. Provided always that if the aforesaid Mary and Elizabeth should die unmarried before the said 600 marks has been fully paid and contented in the aforesaid form, then from thenceforth the payment of the said annual rent granted to the said duchess in the aforesaid form, and this present grant, shall be void. |
| Qua quidem peticione perlecta ac plene intellecta, eidem per dominum regem, ex assensu et auctoritate predictis, talis fiebat responsio: | When this petition had been read through and fully understood, the answer given to it by the aforesaid king, by the aforesaid assent and authority, was thus: |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-150-1) | The king wills it. (fn. vi-440-150-1) |
| [p. vi-454] | |
| [col. a] | |
| Tenores vero provisionum et reservacionum predictarum sequuntur et sunt tales: | The tenors of the aforesaid provisos and reservations follow and are thus: |
| Savyng to Edward duke of Bokyngham, son to Henry late duke of Bokyngham, son to Margarete countes of Stafford, doughter to Alianore late duches of Somerset, Robert Spencer knyght, and Alianore his wyf, countesse of Wilteshire, an othre of the doughters of the seid duches, Mary Countesse Ryvers, doughter to Elizabeth, an othre doughter of the seid duches, Thomas Burgh knyght, and Edward Burgh knyght, son to Margarete, an othre of the doughters of the seid duches, William Paston squier, Agneys Paston, Elizabeth Paston, doughters of Anne, an othre of the doughters of the seid duches, and Richard Frye squyer, and Jane his wyfe, an othre doughter of the same duches, and to the heires of every of theym, and to every othre persone or persones feoffed or seased to thuse of theym, or any of theym, in any of the premisses, all suche right, title, interesse, cleyme and possession in lawe or conscience as they, or any of theym, or any othre to thuse of theym or any of theym, have or owe to have in any of the premisses, in like maner and fourme as they, or any of theym, shuld or owe to have if this acte had not be had ne made. | Saving to Edward, duke of Buckingham, son of Henry, late duke of Buckingham, son of Margaret, countess of Stafford, daughter of Eleanor, late duchess of Somerset, Robert Spencer, knight, and Eleanor his wife, countess of Wiltshire, another of the daughters of the said duchess, Mary, Countess Rivers, daughter of Elizabeth, another daughter of the said duchess, Thomas Burgh, knight, and Edward Burgh, knight, son of Margaret, another of the daughters of the said duchess, William Paston esquire, Agnes Paston, Elizabeth Paston, daughters of Anne, another of the daughters of the said duchess, and Richard Frye esquire, and Jane his wife, another daughter of the same duchess, and to the heirs of each of them, and to every other person or persons enfeoffed or seised to the use of them, or any of them, in any of the foregoing, all such right, title, interest, claim and possession in law or conscience as they, or any of them, or any other to the use of them or any of them, have or ought to have in any of the foregoing, in the same manner and form as they, or any of them, should or ought to have if this act had not be had or made. |
| Provided alwaie that this acte, nor noone othre acte heraftir to be made in this present parlement, extend not nor be prejudiciall or hurtfull to Thomas Burgh knyght, in, of or for any stiwardshippes, offices, fees, wages or annuities, by Dame Philipe Roos, or by any feoffe or feoffees to her use, to him graunted for terme of his lyfe, within the shire of Lincoln; but that the same Thomas Burgh have, occupie, perceive and enjoye the seid stiwardshippes, offices, fees, wages and annuities, and every of theym, for terme of his lyfe, according unto the graunte or grauntes by the same Dame Philipe, or by the seid feoffee or feoffees to the seid Thomas Burgh made, in and of the premisses, or any of theym, in as large and available maner and fourme as he might or shuld have had or doon if this acte had never be hadde or made. | Provided always that neither this act, nor any other act to be made subsequently in this present parliament, shall extend or be prejudicial or harmful to Thomas Burgh, knight, with regard to any stewardships, offices, fees, wages or annuities granted to him for term of his life within the county of Lincoln by Lady Philippa Roos, or by any feoffee or feoffees to her use; but that the same Thomas Burgh shall have, occupy, receive and enjoy the said stewardships, offices, fees, wages and annuities, and each of them, for term of his life, according to the grant or grants made in and of the things stated, or any of them, by the same Lady Philippa, or by the said feoffee or feoffees to the said Thomas Burgh, in as full and valid a manner and form as he might or should have had or done if this act had never been had or made. |
| Pro Hugone Johnson et Johanna uxore ejus. | For Hugh Johnson and Joan his wife. |
| 14. Item, quedam alia peticio exhibita est domino regi in parliamento predicto per Hugonem Johnson et Johannam uxorem ejus, sororem et heredem Willielmi Brampton de Burford, sub serie verborum que sequuntur: | 14. Item, another petition was presented to the lord king in the aforesaid parliament by Hugh Johnson and Joan his wife, the sister and heir of William Brampton of Burford, in the following words: |
| To the kyng our sovereign lord, humbly besechen your highnes Hugh Johnson and Johane his wyfe, sistir and heire of William Brampton of Burford: that where at a parlement holden at Westm', the .vij. day of Novembre, the first yere of your moste noble reigne, it was, by advyse and assent of the lordis spirituall and temporall and the comens in that present parlement assembled, and by thauctorite of the same, enacted, stablished, ordeyned, demed and declared that the seid William Brampton of Burford, with othre, shuld stond and be convicte and atteynte of high treason, and disabled and forjuged of almaner of honour, estate, dignite and preeminence, and the names of the same, and forfeite to you, our seid sovereign lord, and to your heires, all castelles, maners, lordshippes, hundredis, fraunchises, liberties, privileges, advowsons, nominacions, presentacions, londes, tenementis, rentis, services, revercions, porcions, annuities, pencions, rightes, inheritaunces, goodis, catellis and dettis, wherof they, or eny other to their use or to thuse of any of theym, were seased possessid the .xxi. th day of August, the seid first yere of youre moste noble reigne, or eny tyme aftir, within the realme of Inglond, Irelond, Wales or Caleis, or in the marches [col. b] therof, in fee simple, fee taill or terme of lyfe or lyfes. (fn. vi-440-158-1) | To the king our sovereign lord, Hugh Johnson and Joan his wife, the sister and heir of William Brampton of Burford, humbly pray your highness, that where at a parliament held at Westminster on 7 November in the first year of your most noble reign [1485], it was enacted, decreed, ordained, judged and declared, by the advice and assent of the lords spiritual and temporal and the commons assembled in that parliament, and by authority of the same, that the said William Brampton of Burford, among others, should stand and be convicted and attainted of high treason, and unabled and dispossessed of all manner of honour, estate, dignity and pre-eminence, and the titles of the same, and forfeit to you, our said sovereign lord, and to your heirs, all the castles, manors, lordships, hundreds, franchises, liberties, privileges, advowsons, nominations, presentations, lands, tenements, rents, services, reversions, portions, annuities, pensions, rights, inheritances, goods, chattels and debts, of which they, or any other to their use or to the use of any of them, were seised [or] possessed on 21 August in the said first year of your most noble reign [1485], or at any time since, within the realm of England, Ireland, Wales or Calais, or in their marches, [col. b] in fee-simple, fee-tail or for term of life or lives. (fn. vi-440-158-1) |
| That it may like your gracious highnes, of your grete mercy and pitie, by thassent of the lordes spirituall and temporall and the comens in this present parlement assembled, and by thauctorite of the same, to establisshe and enacte that the seid acte of conviccion and atteyndre be utterly voide and of noon effecte ageynst the seid William Brampton and his heires, and every of theym; and that the seid Johane and hir heires may and shall have, enherite, possede and enjoye, to hir and to hir heires and assignees, all suche londes, tennementes, rentis, services, revercions, rightis and hereditamentes whiche were the seid William Brampton, or to eny othir to his use, at the tyme of the seid acte of atteyndre, in suche maner and fourme as though none atteyndour nor conviccion had ben hadde ageynst the seid William. Savyng alwey to every persone and persones, their heires and assignees suche right, title and interesse as they have or hadde afore the seid acte of teyndour. | That it may please your gracious highness, of your great mercy and pity, by the assent of the lords spiritual and temporal and the commons assembled in this present parliament, and by authority of the same, to decree and enact that the said act of conviction and attainder be utterly void and of no effect against the said William Brampton and his heirs, and each of them; and that the said Joan and her heirs may and shall have, inherit, possess and enjoy, to herself and to her heirs and assigns, all the lands, tenements, rents, services, reversions, rights and hereditaments which belonged to the said William Brampton, or to anyone else to his use, at the time of the said act of attainder, in such manner and form as though no attainder or conviction had been had against the said William. Saving always to every person and persons, their heirs and assigns, such right, title and interest as they have or had before the said act of attainder. |
| Qua peticione lecta et intellecta, per dominum regem, assensu et auctoritate supradictis, eidem ut sequitur est responsum: | When this petition had been read and understood, it was answered as follows by the lord king, by the aforesaid assent and authority: |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Soit faite comme il este desire. (fn. vi-440-163-1) | Let it be done as it is desired. (fn. vi-440-163-1) |
| Conviccio Johannis Hayes. | The conviction of John Hayes. |
| 15. Item, due bille de attinccione et conviccione certarum personarum porrecte erant domino regi in parliamento predicto; quarum tenores, cum suis responsionibus ac certis provisionibus eisdem billis annexis, sequuntur sub hac forma: | 15. Item, two bills of attainder and conviction of certain persons were delivered to the lord king in the aforesaid parliament; the tenors of which, with their answers and certain provisos attached to the same bills, follow in this form: |
| Most drad sovereign lord, for asmoch as oon John Hayes, late of Tiberton [sic: read 'Tiverton'] in the countie of Devonshire, gentilman, the .xxvi. day of the moneth of Novembre last passed, at Winchestre in the countie of Southt', receyved of oon William Warde of Topisham a writing sent from oon John Taillour, your rebell and traitour, beyng in Normandy in the service of your auncien enemye of Fraunce, the tenoure of whiche writing heraftir foloweth: | Most dread sovereign lord; one John Hayes, late of Tiverton in the county of Devon, gentleman, on 26 November last, at Winchester in the county of Hampshire, received from one William Warde of Topsham a letter sent from one John Taillour, your rebel and traitor, who was in Normandy in the service of your ancient enemy of France, the tenor of which letter follows here: |
| Right reverend and worshipfull sir, y hertely recommaunde me unto you, prayeng you to take to your remembraunce the wordes we spake to guyders in Seynt Petir chirch of Excestr' and at the Blak Freres, when ye were at your brekefast, and y made myn erand unto you, for seyng of evydence. Sir, ye shall undirstand that the kyngis grace of Fraunce, by thadvyse and assent of his counsell, woll aide and supporte your maisters son to his right and all his lovers and servantes, and take theym as his frendys, bothe by lond and by watir, and all they may well be assured [memb. 7] savely to come in to Fraunce, both bodyes and goodes, and suche as have no goodes they may comme heder and be releved, if they be knowen for true men to þe quarell; and over that, he woll geve help of his own subgiettis, with shippes, gold and silver, to comme in to England, and with suche nombre as shall be thought by you, and by < othre > youre masters sonnes frendis, necessarie and behofull for his helpe and socour, and they to be redy and land at such tyme and place as ye with othre shall appoynt; and þerfore I pray you shewe this matier unto suche as ye knowe well woll geve their gode counsell and assistence to the same; and if ye may, bring the answer of the mynde heryn your self, or ellis send it by Thomas Gale of Dertemouth; and ye may speke with him by the same token, that he and y comyned to guyder of matiers touching your maisters sonne in Stokingham Park, when Sir John Halwell hunted theryn; and be you not aferde to shewe all your mynde unto hym, for he is trusty in this matier. Sir, ye muste comme your self or send him, or ellis send [p. vi-455][col. a] Maister John atte Will, whom ye well trust and y also yf ye aunswere for him, or ellis ye may send John Aleyne of Pole, whom ye trust and y also, or John Affright, servant to my lady Warwyk, or any othre trusty body of your knowlege. I pray you make laboure unto my lady Warwyk to write to the king of Fraunce, and to suche of his counsell as she is best accointed with; and that doon, she and ye and all othre of oure partie shall have all thinges necessarie as is afore rehercid. And if therto any man of gretter name, that thinketh he may owe more goode here then at home, he may suerly comme hedir and welcome, and yit it nedith not to send hedir any grete nombre, for here shalbe ynough redy furnisshed of all thinges, and the king and his counsell sey they woll aske nothing in recompence, but to do it for the wrong he dyd in making Henry kyng of Englond, and for the goode will he oweth to the sonne of youre maister, for they be ner of kyn. Sir, ye remembre that the token betwene you and me is that such as y shall send unto you, shall take you by the thombe, as I dyde you when ye and I wente upe oute of the cloister in to Seynt Petirs chirche, and by that token ye shuld be assured of all thinges and fere nothing, and so ensure ye all youre frendis and myne. Sir, ye shall here by othre frendis, Sir, the convenable tyme of helpe is comme, and therfor nowe endevoir youre self, and put to your hand, and spare for no cost, for there shalbe < help > in thre parties oute of royalme, but here is the place most metely for you, and where ye shall lak nothing; the berer herof shall shewe you more, to whome y pray you gyf credence. Writen att Roan in Normandye, the .xv. day of Septembre, by your olde accoyntaunce John Taillour the elder. | Right reverend and worshipfull sir, I wholeheartedly commend myself to you, praying you to remember the words we spoke together in St Peter's church of Exeter and at the Black Friars, when you were at your breakfast, and I performed my errand to you, for proof. Sir, understand that the king's grace of France, by the advice and assent of his council, will aid and support your master's son to his right and all his lovers and servants, and will take them as his friends, both by land and by sea, and they may all be well assured [memb. 7] that they may come safely to France, both their persons and their goods, and such as have no goods may come here and be relieved, if they are known as men true to the cause; and moreover, he will give the help of his own subjects, with ships, gold and silver, to come to England with such a number as shall be thought by you, and by others of your master's son's friends, necessary and expedient for his help and succour, and they are to be ready to land at such a time and place as you and others shall appoint; and therfore I pray you to show this matter unto such people as you know well will give their good counsel and assistance to the same; and if you may, bring word of the opinion on this yourself, or else send it by Thomas Gale of Dartmouth; and you may speak with him by the same token, that he and I discussed together matters concerning your master's son in Stockingham Park, when Sir John Halwell was hunting there; and do not be afraid to reveal your entire mind to him, for he is trustworthy in this matter. Sir, you must come yourself or send him, or else send [p. vi-455][col. a] Master John at Will, whom you fully trust, and I also if you answer for him, or else you may send John Aleyne of Poole, whom you and I both trust, or John Affright, servant to my lady Warwick, or any other trustworthy person whom you know. I pray you urge my lady Warwick to write to the king of France, and to such of his council as she is best acquainted with; and when that is done, she and you and all others of our party shall have everything necessary as has been said before. And if there is any man of greater name, who thinks he may do more good here then at home, he may certainly come here and welcome: but it is not necessary to send any great number here, there will be enough here fully equipped, and the king and his council say they will ask nothing in return, but do it for the wrong he did in making Henry king of England, and for the goodwill he owes to the son of your master, for they are near kin. Sir, you remember that the token between you and me is that such as I shall send you shall take you by the thumb, as I did when you and I went up out of the cloister into St Peter's church, and by that token you should be assured of all things and fear nothing, and so you should assure all your friends and mine. Sir, you shall hear by other friends, Sir, that the proper time for help is come, and therefore now exert yourself, and put your hand to it, and spare no cost, for there shall be help from three parties outside the realm, but here is the most suitable place for you, and where you shall lack nothing; the bearer of this shall show you more, to whom I pray you to give credence. Written at Rouen in Normandy, 15 September, by your old acquaintance John Taillour the elder. |
| Aftir the resceyte of whiche writing, and credence theruppon made and opened, the seid John unfeithfully and untruly suffred the bringer of the seid writing to goo at his pleasure, without any arrest or trouble to him therfor made, and also caste the seid writing in the fire, and conseled all the matier, and shewed it not to your highnes nor to any of your counsell, unto the tyme that the seid John aftir he was taken þerfor and arrested; all whiche matiers afore rehercid is by the seid John Hayes in substaunce confessed and knowleged. | After this letter had been received, and credence offered and disclosed, the said John faithlessly and disloyally allowed the bringer of the said letter to leave as he wished, without arresting him or troubling him, and he also threw the said letter into the fire, and concealed the entire business, and did not show it to your highness or to any of your council, until after the said John had been taken and arrested for it; all of which matters described above have been substantially confessed and acknowledged by the said John Hayes. |
| Be it therfor ordeyned, by the advyse of the lordes spirituall and temporall and comons in this present parlement assembled, and by auctorite of the same, that the seid John Hayes be convicted and atteynted of mesprision, by hym commytted and doon ayenst the kynges mooste royall persone, of and for his unlaufull demeanyng and concelement in the premisses afore reherced; and that he, by the same auctorite, forfeite therfore all his goodes, and over that, his body to abyde in prisone therfor unto the tyme he have made fyne and raunsom for the same. And over this, it be ordeyned by the seid auctorite that all lettres patentes and grauntes of offices, fees and annuyties incident to every of the same offices, or for the exercise, use or occupacion of the same, unto the seid John Hayes made and graunted, aswell by the kyng as by eny othre persone, be utterly voide and of noon effecte. | Be it therefore ordained, by the advice of the lords spiritual and temporal and the commons assembled in this present parliament, and by authority of the same, that the said John Hayes be convicted and attainted of misprision committed and done by him against the king's most royal person, with regard to his unlawful conduct and concealment as described above; and that he, by the same authority, shall forfeit all his goods, and moreover, his body shall remain in prison until such time as he has made fine and ransom for the same. And moreover, be it ordained by the said authority that all letters patent and grants of offices, and the fees and annuities consequent upon each of the same offices or for the exercise, use or occupation of them, made and granted to the said John Hayes, either by the king or by any other person, be entirely void and of no effect. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-185-1) | The king wills it. (fn. vi-440-185-1) |
| Provided allwayes that this acte of forfeiture extend not nor stretche to the forfaiture of any office, fees or annuyties graunted or made to the seid John Hays, othre than offices, fees and annuyties by us to him graunted, or by oure derrest lady moder, or elles graunted unto him by the right reverend fadre in God, Maister Piers Courteney, som tyme bisshope of Excestre, or by any othre heretoforn bisshope there, and confermed by the chapiltre of the cathedrall churche of the same. | Provided always that this act of forfeiture shall not extend or stretch to the forfeiture of any office, fee or annuity granted or made to the said John Hayes, other than offices, fees and annuities granted to him by us, or by our dearest lady mother, or else granted to him by the right reverend father in God, Master Piers Courteney, formerly bishop of Exeter, or by any other former bishop there, and confirmed by the chapter of the cathedral church of the same. |
| [col. b] | |
| Attincta Roberti Chamberleyn militis. | The attainder of Robert Chamberlain, knight. |
| 16. For asmuche as Sir Robert Chamberleyn, late of Berking in the shire of Essex, knyght, and Richard White, late of Thorp beside Billingforde in the shire of Norff', gentilman, the .xxiiij. day of Auguste, and the seid Sir Robert the .xvij. day of January, the .vi. th yere of the reigne of oure sovereign lord the kyng that nowe is, at Berking aforesaid, traitrousely ymagened and compassed the dethe and destruccion of oure seid sovereign lord, and also the subvercion of all this roialme, than and there traitrously levyed guerre ayen oure seid souvereigne lord, and adhered theym traitrously to Charles the Frenche kyng, auncient ennemye to our seid souvereigne lord and this roialme, ayen their duetie and ligeaunce. | 16. Sir Robert Chamberlain, late of Barking in the county of Essex, knight, and Richard White, late of Thorpe near Billingford in the county of Norfolk, gentleman, on 24 August, and the said Sir Robert on 17 January, in the sixth year of the reign of our sovereign lord the present king [1490-91], at the aforesaid Barking, traitorously plotted and conspired the death and destruction of our said sovereign lord, and also the overthrow of all this realm, and then and there traitorously waged war against our said sovereign lord, and traitorously attached themselves to Charles the French king, the ancient enemy of our said sovereign lord and of this realm, contrary to their duty and allegiance. |
| Be it therfore ordeyned and enacted by auctorite of this present parliament that the seid Robert and Richard stonde and be atteynted of high treason, and forfaite all manoirs, landes, tenementes, rentes, revercions and all othre hereditamentes, that they or either of theym, or eny othre to their use or to the use of either of theym, hadde at any of the seid dayes, of astate of fee simple or fee tayll, in Englond or Wales. And also, it is ordeyned by the seid auctorite that every of the kyngis liege people, their successours, heires and assignees have and enjoye all maner rentis due and of right to theym perteynyng, afore the makyng of this acte, to theym of any of the premisses, during the tyme that the same premisses remayne and abide in the possession of oure seid souvereigne lord or his heires. And if any of the premisses heraftir be graunted by the kyng or eny of his heires, by lettres patentes to any persone, for terme of lyfe, in fee simple or fee tayll, that then thoo persones so seised holde the same manoirs, landes and oþer premisses of suche persones, their heires and successours oonly, and by the same services as the same manoirs, londes and tenementes, and othre premisses, were and shuld have been holden and charged with afore the making of this acte; homage of tenauntes for terme of lyf oonly except. | Be it therefore ordained and enacted by authority of this present parliament that the said Robert and Richard stand and be attainted of high treason, and forfeit all manors, lands, tenements, rents, reversions and all other hereditaments that they or either of them, or any other to their use or to the use of either of them, had on any of the said days, in fee-simple or fee-tail, in England or Wales. And it is also ordained by the said authority that each of the king's liege people, their successors, heirs and assigns shall have and enjoy all the rents due and pertaining to them of right, before this act was made, from any of the foregoing, during the time that they remain and continue in the possession of our said sovereign lord or his heirs. And if any of the things stated are subsequently granted by the king or any of his heirs by letters patent to any person, for term of life, in fee-simple or fee-tail, then those persons so seised shall hold the same manors, lands and other things stated of such persons, their heirs and successors only, and by the same services as the same manors, lands and tenements, and other things stated, were and should have been held and charged with before this act was made; excepting only homage of tenants for term of life. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-194-1) | The king wills it. (fn. vi-440-194-1) |
| And also, be it ordeyned and established, by the seid advyse, assent and auctorite, that if any of the seid persounes by this acte atteynted have made any estate, feoffement or discontinuaunce of any landes, tenementes, rentis, possessions and othre hereditamentes, wherof they bee, or any of theym were, seised or possessid in the right of any of their wyfes, at the tyme of suche estate, feoffementes or discontinuaunces made to any persone or persones in any wise, that the seid landes, tenementes, rentes, possessions and other hereditamentes be not comprised in this acte, but uttirly be excepte and forprised oute of the same; and that the right and title of every of the seid wyfes, of and in all suche landes, tenementes, rentes, possessions and othre hereditamentes, be and reste in every of the seid wyfes, and they to be at their accions and recouverees of the same, and every parcell therof, according to the cours of the comen lawe of Englond; this acte, or any other acte or ordinaunce in this present parliament made or to be made, notwithstanding. And also, that it be laufull to every of the seid wyfes and women, and to every of their heires by this acte not atteynted, to entre in to the seid manoirs, landes, tenementes, rentes, possessions and othre enhereditamentes, into whoos possession soever they be seised to comme, aswele uppon the possession of the kyng our sovereigne lord as uppon the possession of any othre persone or persones by this acte not atteynted, and theym and every of theym holde and enjoye, to theym and to their heires by this acte not atteynted, according to their title and interesse in the same. And moreover, be it ordeyned by the seid auctorite that every of the wyfes of every of the seid [p. vi-456][col. a] persounes nowe livyng by this acte atteynted or unhabled, and every suche woman suche as was the wyfe of any of the seid persounes nowe ded by this acte atteynted or unhabled, frely enjoye, have and possesse, aftir the deth of her husband, all hir owne inheritaunce to hir and to hir heires, othre than be atteynted or unhabled by this acte, and all castelles, lordshippes, manoirs, landes, tenementes and othre the premisses, wherof she, the seid .xxiiij. day of August and the seid .xvij. day of January, in any wise was seised or possessed in hir owne right, state or possession, or jointly with her said husband, or with any othre persone or persones, or with any persone or persones were seised to thuse of any of the seid women, or to thuse of any of the seid women and hir seid husbandes, aftir fourme and maner, and in like wise, as they or any of theym and [sic: read 'were'] intitled in the same, the seid .xxiiij. day of August and the seid .xvij. day of January; and that during the seid estate it be not seisible nor seised by this acte in to the kyngis handes, ner the kyng to be aunswered of any issues or profites of eny parcell therof, the same estate during. And that it be lefull to every of the seid wyfes and women, and every of their heires by this acte not atteynted nor unhabled, and to every persone or persones seised to the use of any of the seid [col. b] women, or to thuse of any of the same women, hir seid husbandis and their heires, to entre in to the same castelles, manoirs, lordshippes and othre the premisses, and every of theym, in to whose possession soever they be seised or comme, aswell uppon the possession of the kyng as upon the possession of every othre persone or persones by this acte not atteynted ner unhabled, and theym, and every of theym, holde and enjoy, to hir and to hir heires by this acte not atteynted ner unhabled, according to hir or their title, right and interest in the same. Savyng to every persone and their heires, othre than suche persones as been by this acte atteynted and their heires, and the heires of every of theym, and every persone claymyng by the seid persounes soo atteynted or their heires, or any of theym, of or in any of þe premisses, suche right, title, accion, entree and interesse, in < or > of the premisses and every of theym, as they shuld have hadde if this acte hadde not be made. | And also be it ordained and decreed, by the said advice, assent and authority, that if any of the said persons attainted by this act have made any estate, enfeoffment or alienation of any lands, tenements, rents, possessions and other hereditaments of which they are, or any of them were, seised or possessed in right of their wives at the time such estate, enfeoffments or alienations were made to any person or persons in any way, the said lands, tenements, rents, possessions and other hereditaments shall not be included in this act, but be utterly excepted and exempted from it; and that the right and title of each of the said wives to and in all such lands, tenements, rents, possessions and other hereditaments shall be and remain in each of the said wives, and they shall have their actions and recoveries of the same, and every part of them, according to the process of the common law of England; notwithstanding this act, or any other act or ordinance made or to be made in this present parliament. And also, that it shall be lawful for each of the said wives and women, and for each of their heirs not attainted by this act, to enter into the said manors, lands, tenements, rents, possessions and other hereditaments, into whosever possession they are seized or have come, both upon the possession of the king our sovereign lord and upon the possession of any other person or persons not attainted by this act, and hold and enjoy them and each of them to themselves and their heirs not attainted by this act, according to their title and interest in them. And moreover, be it ordained by the said authority that each of the wives of each of the said [p. vi-456][col. a] persons now living, attainted or unabled by this act, and every such woman as was the wife of any of the said persones now dead, attainted or unabled by this act, shall freely enjoy, have and possess, after the death of her husband, all her own inheritance to herself and her heirs, other than those attainted or unabled by this act, and all the castles, lordships, manors, lands, tenements and other things stated, of which she, on the said 24 August and the said 17 January, was in any way seised or possessed in her own right, estate or possession, or jointly with her said husband, or with any other person or persons, or with which any person or persons were seised to the use of any of the said women, or to the use of any of the said women and their said husbands, in the same form and manner, and just as they or any of them had title in the same on the said 24 August and the said 17 January; and that during the said estate these things shall not be seizable or seized into the king's hands by this act, nor shall the king be answered for any issues or profits of any part of them during the same estate. And it shall be lawful for each of the said wives and women, and for each of their heirs not attainted or unabled by this act, and for every person or persons seised to the use of any of the said [col. b] women, or to the use of any of the same women, their said husbands and their heirs, to enter into the same castles, manors, lordships and other things stated, and each of them, into whosever possession they are seized or have come, both upon the possession of the king and upon the possession of every other person or persons not attainted or unabled by this act, and hold and enjoy them and each of them to themselves and their heirs not attainted or unabled by this act, according to her or their title, right and interest in the same. Saving to every person and their heirs, other than such persons as have been attainted by this act and their heirs, and the heirs of each of them, and every person making claim through the said persons thus attainted or their heirs, or any of them, to or in any of the foregoing, such right, title, action, entry and interest in or of the foregoing and each of them, as they should have had if this act had not been made. |
| Provyded alway that this acte of atteyndre or forfeiture, or any othre acte made or to be made in this present parliament, in any wise extend not to or for the maner of Chambers in Eppyng, with thappurtenaunces, in the countie of Essex, nor to or for the revercion of the same, nor to or for any londes or tenementes in Eppyng aforseid, with their appurtenaunces. | Provided always that this act of attainder or forfeiture, or any other act made or to be made in this present parliament, shall not in any way extend to or for the manor of Chambers in Epping, with the appurtenances in the county of Essex, or to or for its reversion, or to or for any lands or tenements in the aforesaid Epping with their appurtenances. |
| [memb. 8] | |
| ITEM, DIVERSE COMMUNES PETICIONES EXHIBITE ERANT PREFATO DOMINO REGI IN PARLIAMENTO PREDICTO; QUARUM TENORES, CUM SUIS RESPONSIONIBUS AC CERTIS PROVISIONIBUS SUPER QUIBUSDAM EARUNDEM PETICIONUM, PER EUNDEM DOMINUM REGEM FACTIS, SEQUUNTUR SUB HAC FORMA: | ITEM, VARIOUS COMMON PETITIONS WERE PRESENTED TO THE AFOREMENTIONED LORD KING IN THE AFORESAID PARLIAMENT; THE TENORS OF WHICH, WITH THEIR ANSWERS AND CERTAIN PROVISOS TO EACH OF THE SAME PETITIONS, MADE BY THE SAME LORD KING, FOLLOW IN THIS FORM: |
| [col. a] | |
| < An act agaynst captaynes for not paying theire soldyers their wages, and agaynst soldyers going from their captaynes without licence. > | An act against captains not paying their soldiers their wages, and against soldiers leaving their captains without permission. |
| 17. Forasmoche as yt is notoriously knowen that the king, to his gret costes and charges, hath sent his ambassiatours to Charlis his adversarie of Fraunce to have had a convenient peas with hym and to have his right without effusyon of Cristen blode, which was refusid, wherfore the king, by the grace of God, in whoes handes and disposicion restith all victorie, hath determyned hym self to passe over the see in to his realme of Fraunce and to reduce the possession therof, by the said grace, to hym and his heires, kinges of Englond, according to his rightfull title, wherby he trustith not only to bring this his realme to the auncien fame and honour, but also to inriche and set in profite, peace and tranquillite his subgettis of the same, trustyng that therby the more parte of all Cristen realmes shalbe in the more perfite peace and tranquillite and the better disposed to serve God, which cannot be done by all liklihode without batell, aswell on the see as in other places beyonde the see, wherin Almyghty God must be jugge, in whoes defence, mercy and goodnes the king putteth his full trust above all other thynges; hou be yt many times, by thinordinat covetise of capitaynes reteyned with princes afore this tyme, gret parte of the noumbre of the souldeours for whom suche capitaynes have endentid with princes, at tyme of nede have lakked of their noumbre of souldiers, wherby gret jubardies have ensued and irrecuperable damages there may ensue yf remedy be not therfore forseen and had. | 17.Forasmuch as it is very widely known that the king, at his great cost and expense, sent his ambassadors to Charles his adversary of France to arrange a suitable peace with him and to obtain his right without the spilling of Christian blood, and that this was refused, and that therefore the king, by the grace of God, in whose hands and disposition all victory rests, has determined to cross the sea himself to his realm of France and to restore possession of it, by the said grace, to himself and his heirs, kings of England, in accordance with his rightful title, whereby he trusts not only to restore this his realm to its ancient fame and honour, but also to enrich and bring profit, peace and tranquility to his subjects of the same, trusting that through this the greater part of all Christian realms shall enjoy a more perfect peace and tranquility and be better disposed to serve God, which probably cannot be achieved without a battle, both at sea and in other places beyond the sea, in which Almighty God must be judge, in whose protection, mercy and goodness the king puts his full trust above all other things; nevertheless, because of the inordinate greed of captains previously retained by princes, it has frequently happened that a great part of the soldiers for whom such captains have indented with princes have not been there when needed, whereby great dangers have ensued and irretrievable damage may follow if a remedy for it is not identified and provided. |
| Be yt therfor ordeyned, by auctorite of this present parliament, that < if > eny capteyn be reteyned or herafter shalbe to serve the king on the see or beyonde the see in feet of werre, which have not his or their hool and perfite noumbre of men and souldeours according as he shalbe reteyned with the king, or yeve not theym their full wages without abriggement as he shall receyve of the king for theym, except for jakettis for theym that receyve land wages, that is to sey, .vi. s. .viij. d. for a yoman and .xiij. s. .iiij. d. for a gentilman for an hole yere, he shall for suche defaute forfeite to the king all his goodes and catalles and their bodies to prison. And that every capteyn, petycapteyn and all other havyng under theym retynue of souldeour or souldeours atte kinges wages shall, uppon the peyn aforeseid, pay to their retynue of souldeour or souldeours, and every of the same, the wages ratably as is allowed unto theym by the king oure soverayn lord or the tresorer of his warres without lessyng or withdrawing of eny parte therof, and for as longe tyme as they shall receyve wages for theym, this payment unto the seid retynues, and every souldeour of the same, of their capitaynes and petycapteyns alweyes within .vi. daies next and ymmediatly after that the seid capteyn, petycapteyn or other shall have receyved their wages of the king or of the tresorer of his werres, or of < their > lordes or maistres. And yf any souldeour being no capteyn ymmediatly reteigned with the king, which herafter shalbe in wages and reteyned or take any prest to serve the king uppon the see, or uppon the londe beyonde the see, departe oute of the kinges services without licence of his capteyn, that suche departyng be taken, demed and ajuged felony, and that he so offendyng suffre for the seid offence punysshement and execucion of felony. And for asmoche as his offence stretchith to the hurt and jopardie of the king oure soverayn lord, the nobles of the realme and of all the comen wele therof, that therfor he or they so offendyng enjoye not the benefice of his clergie. And that it be ordeyned by the seid auctorite that the justicez of the peas of every shire of Englond where eny suche offendours be taken have power to enquere of the seid offences, and the same to here and determyn as they do and may do of felonyes, trespasses and other offences expressid in the kinges commyssion to theym made, as though the seid offences were done in the same shire. And also, that the seid departyng of suche souldeours, and also their reteyners if yt be traversid, be tried in the same shire where they < be > for suche cause arrested and arreigned. Provided alwey that no capteyn be charged by this acte for lakke of his noumbre reteyned, as is above seid, whoes souldeours shall happe to dye or other wise departe not in the defaute of the [...] capteyn; so that the seid capteyn, if he be at land wages, shewe the departyng or lakkyng of his souldeour within .x. daies after the lakkyng of the seid souldeour unto the tresorer of the werres; or if the capteyn be at see wages, yf he shewe the departyng or lacking of the souldeour so lacking to the admyrall of the navy where he is reteyned atte next metyng with the seid admyrall. | Be it therefore ordained, by authority of this present parliament, that if any captain is, or hereafter shall be, retained to serve the king at sea or overseas in war, without having his or their full and complete number of men and soldiers, according to the terms on which he is retained with the king, or does not give them their full wages as he receives them from the king, without underpayment, except for jackets for those who receive land wages, that is to say, 6s. 8d. for a yeoman and 13s. 4d. for a gentleman for a whole year, he shall for that offence forfeit to the king all his goods and chattels, and his body to prison. And every captain, petty captain and all others who have under them a retinue consisting of a soldier or soldiers at the king's wages shall, upon pain of the aforesaid penalty, pay to the soldier or soldiers in their retinues, and each of them, their wages at the rate allowed to them by the king our sovereign lord or the treasurer of his wars, without deducting or withdrawing any part of it, and for as long as they shall receive wages for them, they shall make this payment to the said retinues, and every soldier in them, by their captains and petty captains within six days of the said captain, petty captain or other receiving their wages from the king or from the treasurer of his wars, or from his lord or master. And if any soldier who is not a captain retained directly by the king, receives wages and is retained or takes any payment to serve the king upon the sea, or on land overseas, and subsequently leaves the king's service without permission of his captain, it shall be taken, deemed and adjudged a felony, and the offender shall suffer for the said offence the punishment and execution for felony. And because his offence extends to the hurt and jeopardy of the king our sovereign lord, the nobles of the realm and of all the common weal, therefore such an offender or offenders shall not enjoy benefit of clergy. And be it ordained by the said authority that the justices of the peace in every county of England where any such offenders are taken have power to enquire into the said offences, and to hear and determine as they do and may do in the case of felonies, trespasses and other offences specified in the king's commission given to them, as if the said offences had been committed in the same county. And also, the departure of such soldiers, and also their retainers, if it is traversed, shall be tried in the county in which they are arrested and arraigned for that reason. Provided always that no captain shall be charged by this act for not having the number he retained, as is said above, whose soldiers happen to die or leave other than by the fault of the captain; provided that the said captain, if he is at land wages, shows the treasurer of the wars that his soldier has left or is absent within ten days of the said soldier's absence; or if the captain is at sea wages, if he shows the departure or absence of the soldier who is absent to the admiral of the navy where he is retained at his next meeting with the said admiral. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-206-1) | The king wills it. (fn. vi-440-206-1) |
| < An act for dyvers privileges to be graunted to persons being in the kinges warrs. > | An act for granting various privileges to people serving in the king's wars. |
| 18. Where by the grace of Almyghty God the king oure soverayn lord intendeth in his most royall person to take his viage royall in to the lond of Fraunce ageyn his auncient enmyes of the same realme, accompanyed in the seid viage with gret multitude of the most honorable actif persons and true subgettes of this his realme of Englond, aswell for the defence of his most noble person as for the defence of theym self and of all the inhabitauntes within this his seid realm of Inglond, to the high laude, fame and preyse of the king oure soverayn lord and of all thoes which shall accompany hym in the seid viage either by see or by lond. | 18. Where by grace of Almighty God the king our sovereign lord intends to make his royal expedition in his most royal person to the land of France against his ancient enemies of the same realm, accompanied on the said expedition by a great multitude of the most honourable and active persons and true subjects of this his realm of England, both for the defence of his most noble person and for their own defence and that of all the inhabitants within this his said realm of England, to the great renown, fame and praise of the king our sovereign lord and of all those who accompany him on the said expedition either by sea or by land. |
| Wherfor the king oure soverayn lord, by thadvyce and assent of the lordes spirituelx and temporelx and the comens of this present parliament assembled, and by auctorite of the same, enacteth, ordeyneth and establissheth that every person, of what condicion or degre he be of, being or herafter shalbe in oure seid soverayn lord the kinges wages beyonde the see or on the see at his plesour, have the proteccion of profectur or moratur cum clausa volumus; and that the seid proteccion be allowed in all the kinges courtes and other courtes where the seid proteccions shalbe pleded or leyed for any of the seid persons in all plees; plees of dowre in the writte of dowre und nichil habet, quare impedit and assise of darreign presentment except. Provyded that this acte be not available to eny person for any entre syn the first day of this present parliament. Also, be yt enacted that the jugementes to be yeven frome thensforth in suche assise arreigned or to be arreigned shall not be prejudiciall to eny of the seid persons, so being in the service of oure soverayn lord the king as is aforeseid, which have any thing in reversion or remaynder in londes or tenementis wherof suche assise be arreigned, yf the name of thoes persons which be in reversion or the remaynder of suche londes and tenementis be not in the seid assisse, but that the seid jugement be ayenst theym all voide. Also, be it enacted that yf any discent of any londes or tenementis, or any oþer right or inheritamentes, be to eny person or persons being within this realme or els where, that þat discent be not gretter in effecte to the damages or hurt of the seid persons being in the kinges service as is aforeseid, then yf the seid persons in the kinges service so being were within thage of .xxi. yeres. Also, be yt enacted by the same auctorite that every of the persons passyng in the seid viage may, by their writynges under their seale, make their attorney to entre into all thos londes and tenementes, rentes and services which to them be commen by discent, reverter or remaynder; and also to do almaner of suytes, aswell sute service as sute riall, and to make feoffementis of londes, and to make grauntes of rentis, reversions and services, and also to attourne and all other thinges to do according to thentent and effect of his warrant for and in his name as plenely and frely as he hym self shuld do, aswell where that the seid warrant of attourney is made beyonde the see as on this half. And yf yt fortune that in the execucion of any article comprised in the seid warrant any man will travers that the seid warrant is not the dede of hym that is named to be the maker of the seid warrant, then that issue shalbe tried where the attourney named in the seid warrant put the seid article in execucion; the seid ordenaunce to endure and be available to every of the seid persons as longe as he abideth so in the kinges wages. Be yt also ordeyned be the same auctorite that they and their feoffes to the use of every of theym may have and have licence under the kinges great seale, without any fyne or fee by theym to be payed, to make feoffementis, alienacion and grauntes of their honours, castels, maners, londes and tenementis, rentes, services, annuites and other their inhereditamentes and possessions, with their appourtenaunces, according to the right, title and interesse that they, or any of theym, have in the same, to suche as shall pleas theym; and the same feoffes to receyve the same honours, castels and other the premysses, of what maner of estate shall pleas theym accordyng to their seid interesse, to that intent that they therof may make their willes for payment of their dettis, rentes, charges and other thinges. And yf it happe eny suche ownour to whos use the seid feoffement shalbe made to dye during the seid viage and in the seid service being with the king, his heire being within age, that all suche feoffes, or other suche persons as the same feoffoure or ownour shall depute and assigne, shall have the same honours, castels and other the premysses, with thappourtenaunces, to the use and perfourmyng of the wille of the same person or ownour that so dissesith, ymmediatly frome the deth of the seid person or ownour so dying, during the terme of .iiij. yeres than next ensuyng after his deth. And yf any suche person come or retorne with the king, that the same feoffes, or such persons as the same owner shall depute, shall have the same londes and tenementis towardes the performance of the same by .iij. yeres ymmediatly ensuyng after the same retourne. And if eny suche persone so retournyng lyve .iij. yeres after any suche turnyng or after that the seid .iiij. yeres afore expressed be expired, that fromthensfourth the same person, his feoffes nor executours nor the same other persons shall take no benefyt nor profite by this acte, but that every suche feoffement frome thensfourth be no lenger in his force, strenght nor effecte. And be yt ordeyned by the seid auctorite that the king oure soverayn lord have the mariage of the heires being within age of the persons so going with the king in his seid vyage, yf the same person so going holde of the king any landes be knyghtes service tyme of his discease, in like maner and fourme as yf this acte had not ben made and in none oder wise, and over that, the profites of the seid lond duryng the nowne age of any suche heire, after the seid .iiij. or .iij. yeres determyned and expired as is aforeseid. Also, be yt enacted by the seid auctorite that yf it happen any of the auncestres of the seid persons so beyng in the kinges viage to dye holdyng eny londes or tenementis, or other inhereditamentis, of the king in suche wise as he, by the ordre of the comen lawe, ought to sue lyvere for the same oute of the kinges hondes, the seid person then being in the seid viage and of full age to have licence of the king our soverayn lord to entre by theym or their attorney in to the seid maners, londes and tenementis, and other inhereditamentes, and that entre by force of the seid licence be as gode and available to hym and to his heires as though he had sued lyvere oute of the kinges hondes of the premyssez by cours of the lawe. Also, by yt enacted by the same auctorite that forasmoche as serjauntes of armes that be purposely ordeyned for the personall attendaunce of the person of our soverayn lord þe king, and they to awayte of suche noble persons as shall pleas his highnes to assigne theym, therfore yf any serjaunt of armes havyng eny fee for the seid office go not with the kinges grace in this viage over the see havyng no licence of the kinges highnes under the grete seale to be oute of the seid armye, that he forfeite his fee grauntid to him for excersisyng of the seid office. And that yt be ordeyned by the same auctorite that yf eny persone being seised of eny londes or tenementes in fee symple, holding of the king in chief be knightes service, and make feoffement therof by the kinges licence as is aforeseid, that the same feoffement be good till the willes of suche person so going with the king be perfourmed, so and under condicion that he dye in service of the king being beyonde the see. < Provyded alwey that the seid feoffement of londes in fee simple be not prejudiciall to theires of suche feffour > for any title in taill or to eny other of the kinges subgettes for any oþer title to the same before the seid feoffement. Also, be yt ordeyned that yf eny person going over with the king have covenaunted or shall covenaunt or agree that his son or doughter shall espouse or mary son or doughter of eny person, that the same covenaunt or agrement stand good and effectuell ayenst the king and his heires, and the king to be excluded of the value of the mariage therof or therfor, though so be any of the same sonnes or doughters so to be maried or espoused be within the yeres of consent; so that thoes espousels be solempnysed in churche, chapell or oratory before the kinges departing, and so the same person so going disceas in the kinges service, the king beyng beyond the see. | Wherefore the king our sovereign lord, by the advice and assent of the lords spiritual and temporal and the assembled commons of this present parliament, and by authority of the same, enacts, ordains and decrees that every person, of whatever condition or degree, who receives or hereafter shall receive our said sovereign lord the king's wages overseas or at sea at his pleasure, shall have the protection of profectur or moratur with the clause volumus; and that the said protection shall be allowed in all the king's courts and other courts where the said protections are pleaded or put forward for any of the said persons, in all pleas, except for pleas of dower under a writ of dower and of nichil habet, quare impedit and assize of darrein presentment. Provided that this act shall not be available to any person for any entry since the first day of this present parliament. Also be it enacted that the judgments henceforth given in any such assizes which are arraigned or to be arraigned shall not be prejudicial to any of the said persons in the service of our sovereign lord the king as is aforesaid, who have anything in reversion or remainder in lands or tenements on which such an assize is arraigned, if the name of those persons who are in the reversion or the remainder of such lands and tenements is not in the said assize, but the said judgment shall be completely void against them. Also, be it enacted that if there is any descent of any lands or tenements, or any other right or hereditament, to any person or persons within this realm or elsewhere, that descent shall not damage or hurt the said persons in the king's service as is aforesaid, more than if the said persons in the king's service were under the age of twenty-one years. Also, be it enacted by the same authority that each of the persons crossing on the said expedition may, by his writings under his seal, have his attorney enter all those lands and tenements, rents and services which come to him by descent, reversion or remainder; and also to perform all manner of suits, suit service as well as suit real, and to make enfeoffments of lands, and to make grants of rents, reversions and services, and also to attorn and do all other things according to the intention and effect of his warrant for and in his name as fully and freely as he himself would do, both where the said warrant of attorney is made overseas and where it is made in this country. And if it should happen that in the execution of any article contained in the said warrant any man traverses that the said warrant is not the deed of the person named as the maker of the said warrant, then that issue shall be tried where the attorney named in the said warrant put the said article into execution; and the said ordinance is to endure and be valid for each of the said persons as long as he remains at the king's wages in this way. Be it also ordained by the same authority that they and their feoffees to the use of each of them may have licence under the king's great seal, without paying any fine or fee, to make enfeoffments, alienation and grants of their honours, castles, manors, lands and tenements, rents, services, annuities and their other hereditaments and possessions with their appurtenances according to the right, title and interest that they, or any of them, have in them, to whomever they please; and the same feoffees shall receive the same honours, castles and other things stated, in whatever manner of estate they choose according to their said interest, with the intention that they may make their wills from them for payment of their debts, rents, charges and other things. And if it should happen that any owner to whose use the said enfeoffment is made dies during the said expedition and in the king's said service, and his heir is under age, all such feoffees, or such other persons as the same feoffor or owner deputes and assigns, shall have the same honours, castles and other things stated, with the appurtenances, to the use and performance of the will of the same person or owner who has died in this way immediately after the death of the said deceased person or owner, for the four years following his death. And if any person arrives or returns with the king, the same feoffees, or such persons as the same owner shall depute, shall have the same lands and tenements for the performance of the same for the three years immediately following the same return. And if any person returning in this way lives for three years after any such return, or after the said four years mentioned before are expired, then thenceforth neither the same person, nor his feoffees or executors, nor the same other persons shall receive any benefit or profit by this act, but every such enfeoffment shall thenceforth no longer have any force, strength or effect. And be it ordained by the said authority that the king our sovereign lord shall have the marriage of the under-age heirs of the persons so going with the king on his said expedition, if the same person so going holds any lands of the king by knight service at the time of his death, in the same manner and form as if this act had not been made, and in no other way, and moreover, the profits of the said land during the minority of any such heir after the said four or three years have finished and expired as is aforesaid. Also, be it enacted by the said authority that if it should happen that any of the ancestors of the said persons who take part in the king's expedition in this way die holding any lands or tenements, or other hereditaments, of the king in such a way that he, by the process of common law, ought to sue livery for the same out of the king's hands, the said person, then being on the said expedition and of full age, shall have permission of the king our sovereign lord to enter, in person or through his attorney, into the said manors, lands and tenements, and other hereditaments, and that entry, by virtue of the said permission, shall be as good and valid for him and his heirs as if he had sued livery out of the king's hands for the things stated by process of law. Also, be it enacted by the same authority that inasmuch as serjeants-of-arms are specifically ordained to attend personally on the person of our sovereign lord the king, and to wait on such noble persons as it shall please his highness to assign them, therefore if any serjeant-of-arms who holds any fee for the said office does not go with the king's grace on this expedition overseas, without permission from the king's highness under the great seal to be absent from the said army, he shall forfeit the fee granted to him for exercising the said office. And be it ordained by the same authority that if any person who is seised of any lands or tenements in fee-simple, who holds of the king in chief by knight service, makes enfeoffment of them with the king's permission as is aforesaid, the same enfeoffment shall be good until the will of such a person going with the king in this way is performed, provided and on condition that he dies in the king's service overseas. Provided always that the said enfeoffment of lands in fee-simple is not prejudicial to the heirs of such a feoffor, for any title in tail, or to any other of the king's subjects for any other title to the same before the said enfeoffment. Also, be it ordained that if any person crossing with the king has contracted or shall contract or agree that his son or daughter shall espouse or marry the son or daughter of any person, the same contract or agreement shall stand good and effectual against the king and his heirs, and the king shall be excluded from the value of the marriage thereof or therefore, even if any of the same sons or daughters so to be married or espoused is under the age of consent; provided that those espousels are solemnised in church, chapel or oratory before the king's departure, and provided the same person going in this way dies in the king's service while the king is overseas. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-213-1) | The king wills it. (fn. vi-440-213-1) |
| < An acte for waightes and measures. > | An act for weights and measures. |
| 19. To the king oure soverayn lord; prayen the comens in this present parliament assembled: that where aswell by the chartre of Magna Carta as by oder divers ordenaunces and statutes made in diverse parliamentes in the tyme of your noble progenitours and predecessours, it hath be ordeyned that oon mesure and one weight shuld be throughoute all this realme of Englond, which weight and mesure shuld be according to the standard of your escheker, and that every man shuld by and selle by the same and with none oder, uppon certeyn peynes and forfeitures lymyted in the seid statutes and ordenaunces, as in theym more pleynly yt doth appere; which statutes and ordenaunces have not in tyme passed ne yet be put in due execucion, wherfor your grace, of your most blessid disposicion, entendyng reformacion in the premissez and that indifferent justice shuld be had and excercised amonge all your subgettes within this your seid realme according to theffect of the seid statutes and ordenaunces, and considering that in divers partes of this your seid realme ther be used mesures and weightes som more large than the seid standard and som lesse because that the very true mesure of the seid standard is not to all your lieges verily knowen, at your owne propre cost and charge have do lette make bothe weightes and mesures of brasse according to the very true standard. | 19. To the king our sovereign lord; the commons assembled in this present parliament pray that where both by the Great Charter and by various other ordinances and statutes made in various parliaments during the time of your noble progenitors and predecessours it has been ordained that one measure and one weight should be used throughout this whole realm of England, and that weight and measure should accord with the standard of your exchequer, and that every man should buy and sell by them and no other, upon pain of certain penalties and forfeitures specified in the said statutes and ordinances, as appears more fully in them; which statutes and ordinances have not in the past or yet been put into proper execution, therefore your grace, of your most blessed disposition, intending to reform the foregoing and that impartial justice shall obtain and be exercised among all your subjects within this your said realm in accordance with the effect of the said statutes and ordinances, and considering that in various parts of this your said realm measures and weights are used which are sometimes larger than the said standard and sometimes smaller, because the exact measure of the said standard is not truly known to all your lieges, at your own personal cost and charge have caused to be made both weights and measures of brass according to the exact standard. |
| Which yt may pleas your seid grace, by thadvyce and assent of the lordes spirituall and temporall in this present parliament assembled, and by auctorite of the same, to ordeyn, stablissh and enacte that the seid mesures and weightes of brasse be delyverd to the citezeins or burgeises of the [memb. 9] chief cites or shire townes or burghes of every shire of this realme in this parlement nowe being, or to the chief officers of every suche cites, shire townes or burghes where suche citezens or burgeses lak, by indenture therof to be made betwene the tresorer of Englond or under tresorer for the tyme being, and the seid citezens, burgeises or other chief officers aforseid so them receyvyng, saufly to be conveyed to that cite, towne or borough that they be of, at the cost and charge of the seid cite, towne or borough, and to be delyvered to the maire, shiref, baillif or other the chief officer of the same, there to rest as your tresour in the custodie of the seid cheif officer of the seid cite, towne or borough for the tyme being and of his successours for ever, to thentent that aswell all mesures and weightes within the seid cite, towne or borough as the mesures and weightes within the seid shire may be correct, reformed, amended and made according and after the mesure of the seid standard before the feste of Seynt Mighell tharchangell next commyng. And that the seid chief officer for the tyme beyng in every suche cite, towne or borough have for that cause a speciall marke or seale, to do marke every suche weight and mesure so made to be reformed and brought unto hym without fraude or delaye. And that he take for his labour for sealyng of every busshell .i. d., of every other mesure ob., of every .c. weight .i. d., of every demi .c. ob., and of every weight under quarter and not a bove, uppon peyn to forfeite for every tyme that he refusith or dothe the contrarie .xl. s., the oon half therof to be to you, soverayn lord, and the other half to hym that is greved and will sue in that behalf by accion of dette to be recovered after the cours of the comen lawe; and þat the defendant in eny suche accion be not receyved to wage his lawe. And that the justices of peace in every shire of Englond have full auctorite and power to enquere, here and determyn the seid defaultes. And over that, that opyn proclamacion be made in every shire of this your seid realme that no man bye ne selle after the seid feste of Seynt Mighell by eny other weight or mesure than is according to the seid standard, uppon suche peynes and forfeitures as is lymyted in the seid statutes. | May it please your said grace, by the advice and assent of the lords spiritual and temporal assembled in this present parliament, and by authority of the same, to ordain, decree and enact that the said brass measures and weights be delivered to the citizens or burgesses of the [memb. 9] chief cities or county towns or boroughs of every county of this realm in this present parliament, or to the chief officers of all such cities, county towns or boroughs where there are no such citizens or burgesses present, by an indenture to be made between the treasurer of England or the under treasurer at the time, and the said citizens, burgesses or other chief officers aforesaid who receive them in this way, to be conveyed safely to their city, town or borough at the cost and charge of the said city, town or borough, and to be delivered to the mayor, sheriff, bailiff or other chief officer of the same, to remain there as your treasure in the custody of the said chief officer of the said city, town or borough at the time and of his successors forever, with the intention that all measures and weights within the said city, town or borough, and also the measures and weights within the said county may be corrected, reformed, amended and made according to and after the measure of the said standard, before Michaelmas next. And the said chief officer in every such city, town or borough shall have a special mark or seal for that purpose, to mark every such weight and measure so caused to be corrected and brought to him, without fraud or delay. And he shall take for his labour in sealing every bushel 1d., for every other measure a halfpenny, for every hundredweight 1d., for every half-hundredweight a halfpenny, and for every smaller weight a farthing and no more, upon pain of forfeiting 40s. every time he refuses or contravenes this, one half of it to you, sovereign lord, and the other half to the person who is aggrieved and chooses to sue for it by action for recovery of debt according to the process of the common law, and the defendant in any such action shall not be received to wage his law. And the justices of the peace in every county of England shall have full authority and power to enquire, hear and determine the said offences. And moreover, public proclamation shall be made in every county of this your said realm that no man shall buy or sell after the said Michaelmas by any other weight or measure than one which accords with the said standard, upon pain of such penalties and forfeitures as are specified in the said statutes. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-220-1) | The king wills it. (fn. vi-440-220-1) |
| < An act that þe challenge called riens deyns le gard be noe challenge. > | An act that the challenge called riens deyns le gard is not to be a challenge. |
| 20. To the king oure soverayn lord, prayen the comyns in this present parliament assembled: that where of long tyme used in eny issue to be tried within the cite of London a chalenge comenly called riens deyns le garde hath been admytted [...] for a good chalenge, so that none issue coude be tried in no warde without that there were .iiij. sufficient persons of lyvelode to the yerely value of .xl. s. above all charges within the same cite, and dwelling or havyng eny lyvelode within the same warde; and it is so nowe, the cause God knoweth why, that there is no warde or ellis but fewe, and in especiall in plee of lond, that eny pleyntif or demaundaunt canne have sufficient triall in his mater as evydently is knowen for the cause of [...] chalenge aforeseid, for in the most parte of wardes as now there be none sufficiant, and if any be ther ar none officers that dare somonde theym, or els if they be somonde they will not appere, their havour is so gret and their amerciamentes so litill. | 20. To the king our sovereign lord; the commons assembled in this present parliament pray that where it has long been the case that in any issue tried within the city of London a challenge commonly called riens deyns le garde has been admitted as a valid challenge, so that no issue could be tried in a ward without there being four sufficient persons with property to an annual value of 40s. above all charges within the same city, and dwelling or having any property within the same ward; and it is now the case, for reasons that only God knows, that there are few or no wards where any plaintiff or demandant can have a suitable trial in his case especially in pleas of land, as is well known, because of the aforesaid challenge, for in most of the wards there is now no sufficient person, and if there are any such persons there is no officer who dares to summon them, or if they are summoned they will not appear, their wealth is so great and the amercement so small. |
| That yt pleas your most habondaunt grace, by thadvyce of the lordes spirituell and temporell, and by the auctorite of this present parliament, to ordeyn for the comen wele of your true subgettes, establisshe and enacte that from hensforth the chalenge comenly callid riens deyns le garde be no chalenge but utterly voide and of none effecte; savyng to every person all maner of other chalenges what so ever they be according to the lawe. | May it please your most abundant grace, by the advice of the lords spiritual and temporal, and by the authority of this present parliament, to ordain for the common weal of your true subjects, and decree and enact that henceforth the challenge commonly called riens deyns le garde shall not be a challenge but entirely void and without effect; saving to every person all other challenges whatsoever, according to the law. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-227-1) | The king wills it. (fn. vi-440-227-1) |
| < An acte that abbottes and pryors shall paye such quinzime and disme as they ought to paye by an act in the tyme of King Edward the fowerth. > | An act that abbots and priors shall pay such fifteenths and tenths as they ought to pay by an act in the time of King Edward IV. |
| 21. The king oure soverain lord remembreth howe aswell his highnes as divers his progenitours and predecessours, kinges of Englond, have made and grauntid, aswell uppon feyned suggescions as other wise, to dyvers abbottes, priours, gardeyns, kepers, maisters and rulers or soverayns of spirituall places, and to their successours, divers and many grauntes and lettres patentes that they and their successours and their tenauntes and servauntes resceauntes uppon their londes and tenementis, and also all londes and tenementes, rentes, godes and catalles of theym, and of their seid tenauntes and servauntes whatsoever resceauntes uppon their seid londes and tenementis shalbe quyte and discarged of all quinzimes and dismes and other quotes, taxes and tallages by the cominalte of this his realme in any wise graunted or to be grauntid, by colour of which grauntes and lettres patentes the grauntes afore seid nowe in late daies have asked and yet aske deduccions and allowaunces at every quinzime and disme grauntid unto oure seid soverayn lord the king of moche gretter and more excessive sommes of money then hath ben allowed or deducted unto theym by reason of their seid grauntes tyme passed, wherethrugh every quinzime and disme to the king before this tyme grauntid and herafter to be grauntid is and of liklyhode shalbe gretly mynysshed and lessed, and the pore comen people of this realme somoche the more grevosly assessed and charged to the same quinzimez and dismez, remembreth that the bering and employing therof most aswell be to the relief of theym and their seid tenauntes, fermours and servauntes that have suche grauntes and lettres patentes as to other of his subgettes, hath therfor, by thassent and advyse of the lordes spirituall and temporell and of the comens in this present parliament assembled, and by auctorite of the same parliament, ordeyned, enacted and establisshed that the seid abbottes, priours, gardeyns, kepers, maisters and rulers or soverayns of spirituall places, nor none of theym, nor none oþer whatsoever havyng suche lettres or grauntes, have fromhensforth, by reason of the seid lettres patentes and grauntes, any allowaunce, deduccion or acquyteill of eny more or gretter summes of money at eny suche quinzime and dysme grauntid or herafter to be grauntid, except only of suche and asmoche summes of money as hath been deducted and allowed to or for theym, or any of theym, by reason or force of the seid grauntes and lettres patentes in the tyme of King Edward the fourth at suche quinzime and disme to hym graunted and payd; the seid grauntes and lettrez patentes, or eny acte, statute or ordenaunce before this tyme in any wise made or ordeyned, natwithstandyng. | 21. The king our sovereign lord is mindful that both his highness and various progenitors and predecessors of his, kings of England, have made and granted, upon false information as otherwise, to various abbots, priors, wardens, keepers, masters and rulers or sovereigns of spiritual places, and to their successors, many different grants and letters patent that they and their successors and their tenants and servants resident in their lands and tenements, and also all lands and tenements, rents, goods and chattels belonging to them and to their said tenants and servants, shall be quit of all fifteenths and tenths and of whatever quotas, taxes and tallages have been granted or are to be granted in any way by the commonalty of this his realm; on the strength of which grants and letters patent the aforesaid grantees have now recently asked, and still ask, for deductions and allowances at every fifteenth and tenth granted to our said sovereign lord the king of much greater and more exorbitant sums of money than have been allowed or deducted to them by reason of their said grants in the past, as a result of which every fifteenth and tenth previously granted to the king and to be granted hereafter is and probably shall be greatly reduced and lessened, and the poor common people of this realm so much the more grievously assessed and charged for the same fifteenths and tenths, and he is mindful that the payment and use [of the tax] benefits those who have such grants and letters patent, and their said tenants, farmers and servants, as well as others of his subjects. He has therefore, by the assent and advice of the lords spiritual and temporal and of the commons assembled in this present parliament, and by authority of the same parliament, ordained, enacted and decreed that none of the said abbots, priors, wardens, keepers, masters and rulers or sovereigns of spiritual places, or any other person whatsoever having such letters or grants, is henceforth to have, by reason of the said letters patent and grants, any allowance, deduction or acquittance of any larger or greater sum of money at any such fifteenth and tenth which has been granted or is hereafter to be granted, than the sum of money which has been deducted and allowed to or for them, or any of them, by reason or force of the said grants and letters patent in the time of King Edward IV, when such a fifteenth and tenth was granted and paid to him; notwithstanding the said grants and letters patent, or any act, statute or ordinance made or ordained in any way before this time. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-233-1) | The king wills it. (fn. vi-440-233-1) |
| Provyded alwey that this acte or ordenaunce extende not nor in any wise be prejudiciall or hurte to any oure graunte or grauntes or lettres patentes bering date the .xij. day of Decembre in the first yere of oure reign, made unto the bailliffes, burgeises, < men, cominaltie > and inhabitauntes of the towne of Salop', called otherwise the towne of Shrewesbury; but that oure seid graunt and grauntes and lettres patentes, and every thing therin conteyned, be and stonde good and effectuell after the tenure and purport of the same; the seid acte and ordenaunce < or > eny thing therin conteigned notwithstonding. | Provided always that this act or ordinance shall not extend, or be prejudicial or harmful in any way, to any grant or grants or letters patent of ours dated 12 December in the first year of our reign [1485], made to the bailiffs, burgesses, men, commonalty and inhabitants of the town of Shrewsbury, but our said grant and grants and letters patent, and everything contained in them, shall be and remain good and effectual according to their tenor and purport; notwithstanding the said act and ordinance or any thing contained in them. |
| Contra Scotos. | Against the Scots. |
| 22. < The king oure soverayn lord hath had to > his gret coste and charge many assembles and commynycacions with the king < of > Scottes for amyte, trewes and peas to be had and observed betwixe his highnes and his subgettes on the < oone > part and the king of Scottes and his subgettes on þe other part, but what accorde or agrement so ever be taken and concluded, suche accorde and aggrement for the part of the seid king of Scottes yt is ever under their surest promyse broken and not kept, for the which it is better to be with theym at opyn werre than under suche a feyned peas; wherfor the king oure soverayn lord, by thadvyce and assent of the lordes spirituelx and temporelx and the comens in this present parliament assembled, and by auctorite of the same, enacteth that all Scottes dwellyng within [...] this realme of Englond and Wales not made or herafter be made denezyn avoyde oute of this realme within .xl. daies after proclamacion made within the shire where they dwelle, uppon peyn of forfeiture of all their godes and catalles and their bodies to prison. And over this, that ymmediatly after the seid .xl. daies serche be made in every cite, borough and hundred of Englond and Wales for suche Scottes by the constables of the same, and yf any may be founde that they, and every of theym, be taken and arrested and their godes seased to the kinges use, and frome the seid cite, borough or hundred where they be taken to be by the seid constables conveyed the next wey toward Scotlond unto the next hundred, and there the constables of the seid next hundred to resceyve theym and so conveie the seid Scottes the next wey toward Scotlond unto the next hundred, and so frome hundred to hundred till they be brought in to Scotlond, in like maner and fourme as abjured men for felony be used to be conveyed from the seyntwarie wherin they abjure unto the port to theym assigned. And furthermore, that it be ordeyned by the seid auctorite that yf defaulte be in the constables of eny cite, borough or hundred in makyng of due serche after open proclamacion made in this behalve, or in any constables in dewe conveyance of the seid Scottis toward and in to Scotlond, that they, and every of theym being in suche defaulte, forfeite to the king .xx. ti s. Savyng to the lordes of frauncheys and to every of theym suche right and interesse as they have in any suche godes and cattalles. | 22. The king our sovereign lord has held, at his great cost and expense, many meetings and negotiations with the king of Scots in order to establish and observe a friendship, truce and peace between his highness and his subjects on the one hand and the king of Scots and his subjects on the other hand, but whatever accord or agreement is made and concluded, it is always broken and not kept on the part of the said king of Scots, even under their surest promise, and as a result it is better to be at open war with them than have such a false peace. Therefore the king our sovereign lord, by the advice and assent of the lords spiritual and temporal and the commons assembled in this present parliament, and by authority of the same, enacts that all Scots dwelling within this realm of England and Wales who have not been made or who are not hereafter made denizens shall leave this realm within forty days of the proclamation being made in the county where they dwell, upon pain of forfeiting all their goods and chattels, and their bodies to prison. And moreover, immediately after the said forty days a search for such Scots shall be made in every city, borough and hundred of England and Wales, by the constables there, and if any are found, they, and each of them, shall be taken and arrested and their goods seized to the king's use, and from the said city, borough or hundred where they are taken they shall be conveyed by the said constables into the next hundred, on the shortest route towards Scotland, and there the constables of the said next hundred shall receive them and so convey the said Scots into the next hundred, on the shortest route towards Scotland, and so from hundred to hundred until they are brought into Scotland, in the same manner and form as felons who have abjured [the realm] are usually conveyed from the sanctuary in which they have abjured to the port assigned to them. And furthermore, be it ordained by the said authority that if the constables of any city, borough or hundred fail to carry out a proper search, after public proclamation made on this matter, or any constables fail to convey the said Scots towards and into Scotland, they, and each of them who fails to do this, shall forfeit to the king 20s. Saving to the lords of franchises and to each of them such right and interest as they have in any such goods and chattels. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-241-1) | The king wills it. (fn. vi-440-241-1) |
| < An act for the county palentyne of Lancaster. > | An act for the county palatine of Lancaster. |
| 23. To the kyng our soverayn lord, where the countie of Lancastre is and of long tyme hath byn a countie palyntyne, made and ordeyned for grete [col. b] consideracion, and within the same hath byn had and used jurisdiccion roiall and all thynges to a countie palyntyne belonging, in the dayes of the noble progenitours of our soverayn lord the king unto the begynnyng of this present parliament, that the knyghtis of shire, and othre noble persounes of the same countie, beyng absent, an acte was made at sute of a particuler persoune, for his particuler cause, and ayenst the comen wele of all oþer, to abregge the same jurisdiccioun as touching persounes dwelling out of the seid countie utlawed uppon processe made in the same countie, for maters and causes doon in the same, the whiche persounes, hou be it they were duly utlawed, shuld not forfeite their goodes, the whiche they had oute of the same countie, by the effecte of the same acte: (fn. vi-440-244-1) the whiche acte was not onely contrarie to the seid jurisdiccion of long tyme there used, and hurtefull to the inhabitauntes of the same countie and all othre the whiche had true cause of accion for murdres, robberies, trespasses, obligacions, contractis and oþer laufull causes done within þe same countie, by dwellers without, but also in lettyng of justice and laufull remedy to theyme, whiche had laufull cause of suche accions, and by reason of the same acte were lefte without laufull remedy in that behalf. | 23. To the king our sovereign lord: where the county of Lancaster is and for a long time has been a county palatine, created and ordained for powerful [col. b] reasons, and royal jurisdiction and everything belonging to a county palatine have been used and enjoyed within it in the days of the noble progenitors of our sovereign lord the king, until the beginning of this present parliament, when in the absence of the knights of the shire, and other noble persons of the same county, an act was made at the suit of a private person, for his private cause, and against the common weal of everyone else, to limit the same jurisdiction as it concerns persons dwelling outside the said county who are outlawed upon a process held in the same county for matters and causes committed within it, which persons, even though they were duly outlawed, should not forfeit those goods which they had outside the same county through the effect of the same act. (fn. vi-440-244-1) Which act was not only contrary to the said jurisdiction which has long been used there, and harmful to the inhabitants of the same county and to everyone else who had true cause of action for murders, robberies, trespasses, obligations, contracts and other lawful cases committed within the same county by those dwelling outside it, but also denied justice and lawful remedy to people who had lawful cause of such actions, and who by reason of the same act were left without lawful remedy in that respect. |
| It be therfore, by the advyse and assent of the lordis spirituals and temporals and comyns in this present parliament assembled, and by auctorite of þe same, the .viij. day of February, the .vij. th yere of the reigne of our seid sovereign lord, enacted, ordeyned [p. vi-457][col. a] and stablisshed that the seid acte, and all actis of parlement made in this present parliament touching the seid countie palyntyne, or eny parte of the jurisdiccion therof, or made to the abreggement of eny parte of the same jurisdiccion, or touching eny forfeiture or losse of goodes the whiche shuld growe or happen by reason of eny processe or exigend made or to be made within the same countie, be utterly voide and of no force ne effecte; and that the same countie palyntyne and all the jurisdiccion þerof be in every poynt touching all processe, forfeitures and oþer thinges, as large and of like force and effecte as it was the day next before [col. b] þe furst day of þis present parliament, and as if the seid acte had not byn made. | Be it therefore, by the advice and assent of the lords spiritual and temporal and the commons assembled in this present parliament, and by authority of the same on 8 February in the seventh year of the reign of our said sovereign lord [1492], enacted, ordained [p. vi-457][col. a] and decreed that the said act, and all acts of parliament made in this present parliament concerning the said county palatine, or any part of its jurisdiction, or designed to limit any part of the same jurisdiction, or concerning any forfeiture or loss of goods which could come about or happen by reason of any process or exigent made or to be made within the same county, be entirely void and of no force or effect; and that the same county palatine and all its jurisdiction, shall be in every point, touching all processes, forfeitures and other things, as full and of the same force and effect as it was the day before [col. b] the first day of this present parliament, and as if the said act had not been made. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-248-1) | The king wills it. (fn. vi-440-248-1) |
| < An act to paye custome for every butt of malmesey. > | An act to pay custom on every butt of malmsey. |
| 24. To the kyng our soveryn lord, praien the comens in this present parliament assembled: that where of tyme that no mynd is, your navie hath ben mayntened passing the Striettes of Marrokys and so to divers portis in those parties, to the universall increace of your seid navye, merchauntes and maryners, and in especiall by ladyng of malmeseys in the port of Candy which perteyneth to the lordshipe of Venice, where nowe the Veniciens within thies .ij. yere last past have made a statute and ordinaunce for thencreace of the seid lordshipe of Venice and mayntenaunce of theymself and their navye and maryners, that noon of your seid navye nor maryners shuld lade in the seid porte of Candy any malmeseys to be conveyed in to this youre realme of Englond, without that your seid marchauntis paye a newe custume for every butte of malmesey so laden .iiij. dokattis of gold, whiche amounteth to .xviij. s. sterling money, over and above all othre custumes and charges afore that tyme used, which is greate hurte to youre seid besechers without speciall remedy be had by your noble and speciall grace. | 24. To the king our sovereign lord; the commons assembled in this present parliament pray that where from time immemorial your navy has been maintained beyond the Straits of Gibraltar sailing to various ports in those regions, to the universal benefit of your said navy, merchants and mariners, and in particular by shipping malmsey in the port of Candy [Iraklion] which pertains to the lordship of Venice, now the Venetians within the last two years have made a statute and ordinance for the benefit of the said lordship of Venice and to maintain themselves and their navy and mariners, that none of your said navy or mariners should ship in the said port of Candy any malmsey to be carried to this your realm of England, unless your said merchants pay a new custom of four gold ducats for every butt of malmsey shipped in this way, which amounts to 18s. sterling, over and above all the other customs and charges imposed before that time, which will do great harm to your said petitioners unless a special remedy is provided by your noble and special grace. |
| Please it þerfor your moste habundant grace, by thadvyce and assent of the lordis spirituall and temporall and of the comens in this your present parliament assembled, and by auctorite of the same, to enacte and stablissh þat from hensforth the malmeseys that shalbe brought in to this your realme of Englond by any persone shalbe of full gauge conteynyng .vi xx . and .vi. galons at the lest in mesure; and if it lacke of the seid gauge, that than the seller to abate somoche of the price aftir the rate of the seid content. And that every merchant straunger bringing suche malmeseys in to this realme shall paye to your grace the custumes of .xviij. s. for a butte of malmesey, over and above the custume afore tyme to your grace used to be paied, like wise as they of Venice have sette in Candy uppon youre forseid subgiettis. And more over, that it be inacted and stablisshed by thauctorite aforseid from hensforth that no butte or buttes of malmeseys in vessell or in vessels that shalbe brought in to this your < seid > realme shall be sold above .iiij.li. sterling. Provided all wey that this acte extend not to any Englissh man borne touching the newe custume above reherced of .xviij. s. And that this present acte endure no lenger than they of Venice shall sette aside the imposicion of the payment of the .iiij. ducates aforseid. | May it therefore please your most abundant grace, by the advice and assent of the lords spiritual and temporal and of the commons assembled in this your present parliament, and by authority of the same, to enact and decree that henceforth any malmsey brought into this your realm of England by any person shall be of full gauge, containing a measure of 126 gallons at least; and if it is below the said gauge, then the seller shall reduce the price in proportion to the said content. And every foreign merchant bringing such malmsey into this realm shall pay to your grace the custom of 18s. for a butt of malmsey, over and above the custom which previously used to be paid to your grace, just as the Venetians have imposed on your aforesaid subjects in Candy. And moreover, be it henceforth enacted and decreed by the aforesaid authority that no butt or butts of malmsey brought into this your said realm in a vessel or vessels shall be sold for more than £4 sterling. Provided always that this act shall not extend to any native Englishman with regard to the new custom of 18s mentioned above. And that this present act shall last no longer than it takes the Venetians to abandon the imposition of the payment of the aforesaid four ducats. |
| [editorial note: Responsio.] | [editorial note: Answer.] |
| Le roy le vuelt. (fn. vi-440-255-1) | The king wills it. (fn. vi-440-255-1) |
| Item, quinto die Marcii antememorato, dominus cancellarius Anglie, ex parte regia regraciando dominis et communibus hic presentibus, ob eorum diurnam et diligentem attendenciam in parliamento predicto, idem parliamentum dissolvit, et eis licenciam contulit recedendi. | Item, on the aforementioned 5 March the lord chancellor of England, thanking the lords and commons present on the royal behalf for their daily and diligent attendance at the aforesaid parliament, dissolved the same parliament, and gave them permission to leave. |