Henry VI: February 1449

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

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'Henry VI: February 1449', in Parliament Rolls of Medieval England, (Woodbridge, 2005) pp. . British History Online https://www.british-history.ac.uk/no-series/parliament-rolls-medieval/february-1449 [accessed 19 April 2024]

In this section

1449 February

Introduction February 1449

Westminster

12 February - 4 April, 7 May - 30 May

Winchester

16 June - 16 July

C 65/99, RP , V.141-170, SR , II.345-352

C 65/99 is a roll of 7 membranes, each approximately 310mm in width, sewn together in chancery style, and numbered in a later hand. The condition of the roll is generally good, though the left side of membrane 1 is torn, and membrane 2 is stained with gallic acid. The text, written in an official chancery script, occupies the rectos of the membranes only; the dorses are blank apart from the contemporary heading on membrane 1, 'Rotulus parl' de anno regni regis Henri sexti vicesimo septimo xxvij, xxvij, xxvij', and later notes, 'Parl' 27 H. 6 apud Westm' where some membranes are joined. The lower halves of membranes 4 and 5 are blank. Marginal headings on membranes 1, 2, 3 are contemporary, those on membranes 4 and 5 are both contemporary and later, while those on membranes 6 and 7 are later. Arabic numerals throughout the roll are later. The roll does not appear to be incomplete. Its composite nature is clear. The opening business (items 1 to 7) is on the first membrane, with the grants of taxes occupying the next two membranes (2 and 3). The petition concerning soldiers' wages at Calais (item 16) is the only item on membrane 4, with membrane 5 containing the remaining two items of business (the duke of Somerset's credence at item 17 and the precedence case of the earl of Arundel at item 18). The common petitions commence on membrane 6 and run to the end of the roll at membrane 1.

The parliament of 1447 ended on 3 March. The next parliament did not meet until almost two years later, on 12 February 1449. The intervening period was the third longest gap between parliaments in the reign of Henry VI to date. This no doubt helps to explain the relatively long length of the parliament of February 1449 from opening to dissolution - twenty-one weeks and four days. Parliament was in actual session for sixteen weeks and four days. There were two prorogations, thereby producing three sessions. The venue of the parliament was changed from Westminster to Winchester for the final session. Given the length of the meeting, the roll, at seven membranes, is disproportionately short. It does not record an opening sermon, and contains only seven common petitions. But the roll can be supplemented by a number of petitions which relate to the parliament (see Appendix). A further very important source are seventeenth-century copies of deliberations in the lords. (fn. intF1449-1) Dunham suggested that the clerk was accustomed to making lists of who was present, and occasionally added notes of who said what. One of these texts, now in the College of Arms (Parliament of February 1449, Appendix item 1) relates to the first session and gives useful detail on the precedence case which William, earl of Arundel had put forward in 1445 and which remained unresolved. It also shows how the lords decided to apportion the funds raised by the first half subsidy voted by the commons at the end of the first session. Some relate to the first session, and others to the third session held at Winchester in June and July. There are two versions of debates in the lords in the third session. One is in the Huntingdon Library (Parliament of February 1449, Appendix item 3), where the debate, largely about the problems of financing armies to France, is dated to 19 June at Winchester. The second copy, in the British Library (Parliament of February 1449, Appendix item 2) is undated but certainly relates to the same debate, containing material not found in the other version. These materials, taken together, are vital, not only for lists of presences of lords, but also for an insight into how the lords' deliberations were conducted.

Chroniclers say relatively little about the parliament, save for noting the dates and venues of the sessions, the grant of a lay subsidy, and the creation of new peers. (fn. intF1449-2) For recent historians, the parliament is interpreted as revealing a 'widening gap between government and community'. (fn. intF1449-3) It seems likely that the commons displayed truculence in the face of requests for money, despite evidence presented to the parliament by the lieutenant general of France, Edmund Beaufort, now duke of Somerset, of how parlous the English position was in Normandy (item 17). There is little doubt that the main reason for the calling of a parliament was the need for money. The lay subsidy granted at the parliament of 1445 had its last instalment collected in November 1448. The trade taxes agreed in that parliament were also due for expiry, tunnage and poundage on 1 April 1449, and the wool subsidy on 11 November 1449.

The crown's need for money is explained by failure to come to a full peace with France. (fn. intF1449-4) The truce had been extended several times: on 22 February 1447 until 1 January 1448, on 27 July 1447 to 1 May 1448, and on 15 October 1447 to 1 January 1449. Henry never crossed to France to meet his uncle, despite frequent promises to do so. Thus there were no negotiations towards a full peace. Relations were soured by the tardy implementation of the promise to surrender Maine. On 22 July 1447, a solemn undertaking was made to effect the surrender by 1 November next. Orders went to the captains in the area to implement this, but they refused to do so. By February 1448, there was a real threat, as Charles drew his troops up to Le Mans, that war would recommence. By 11 March, at the treaty of Lavardin, the English finally agreed the handover of Maine, and the truce was extended to 1 April 1450. An English embassy was now appointed to treat for a full peace, and Edmund Beaufort crossed to France to take up his charge as lieutenant-general, to which he had been appointed in December 1446. But it made little progress, not least because of French claims of major infractions of the truce by the soldiers evacuated from Maine who had occupied the fortress of Saint-James-de-Beuvron in the marches toward Brittany. A further complication was English support for Giles de Bretagne against his pro-French brother, Duke Francis. French and English ambassadors met for the last time in mid November 1448.

Although the truce still technically had until 1 April 1450 to run, it was already clear by the end of 1448 that hostilities might reopen at any point. Thought had to be given to the financial implications of this. We must assume that this was the principal reason for the summoning of a parliament, but as the roll does not record the chancellor's opening sermon, it is impossible to know precisely what was said at the outset of the meeting about the reasons for its calling.

Writs of summons were issued on 2 January 1449. (fn. intF1449-5) From the sheriffs' returns and endorsements, the names of 272 MPs are known. (fn. intF1449-6) The number of seats was increased to 276 by the representation of Hindon and Westbury for the first time. Twelve law officers were summoned, one less than in 1447. Writs of summons were sent to twenty of the episcopate in person, with the summons for London, then vacant, being directed to the keeper of the spiritualities. As for the abbots and priors, twenty-six summonses were issued, the list being the same as in 1447 with the exception of the Prior of St John of Jerusalem. As for the lay peers, four dukes were summoned, York, Norfolk, Buckingham and Suffolk. The last named had been elevated from marquis to duke on 2 June 1448, and was still the most prominent member of the council. The duke of Gloucester had died on 23 February 1447 during the parliament at Bury. John Holland, duke of Exeter, had died on 5 August, and his heir, Henry, was still under age, having been born on 27 June 1430. Edmund Beaufort, marquis of Dorset, had been created duke of Somerset on 31 March 1448 as he prepared to take up his position as lieutenant-general of France. His continuing absence in Normandy is no doubt the reason for his not being summoned to the parliament. Likewise, John Talbot, earl of Shrewsbury, also in France, was not amongst the earls summoned. These numbered six: Northumberland, Devon, Arundel, Westmorland, Salisbury, and Oxford, all of whom had been summoned in 1447. Two viscounts were summoned as in 1447: John, viscount Beaumont and Henry, viscount Bourgchier.

A further thirty-five lay peers were included in the writs of summons of 2 January. This contrasts with 31 summoned in 1447. William, lord Fauconberg had been summoned to parliaments between 1429 and 1447, but was not so in 1449, presumably because he was in France. Otherwise all of those summoned in 1447 did receive summons in 1449. To them was added William Bourgchier, lord Fitzwarin, younger son of William Bourgchier, count of Eu, who had married the coheiress of Fulk, lord Fitzwarin, d. 1431), Thomas Hoo, lord Hoo and Hastings (created 2 June 1448: he had sat as knight of the shire for Norfolk in 1431), Richard Woodville, lord Rivers (created 9 May 1448), Thomas, lord Roos (b. 1427, who had recently come of age), and John, lord Stourton (created 13 May 1448). Thus seven peers were newly summoned in January, and a further three later, making a total of ten new peers. Sir Henry Bromflete, baron de Vescy (whose wife was a descendent of the de Vescy line, was summoned for the first time by special writ on 24 January, but William Beauchamp, Lord St Amand (one of the royal carvers who had married the coheiress of lord St Amand, d. 1426), for whom this was also a first parliament as peer although he had sat as knight of the shire for Wiltshire in 1447, was not summoned till 22 May. (fn. intF1449-7) William, Lord Bonville was summoned on 10 March, without a separate creation of the title. He had sat in four preivous parliaments as a knight of the shire. (fn. intF1449-8) According to the chronicler John Benet, Bourgchier, Bonville and Vescy were made peers in the parliament. (fn. intF1449-9) This is possible in terms of timing for the last two, but there is no mention of such creations on the roll, and Bourgchier certainly received a summons in January. Benet's wording may also imply that two earls were created in the parliament - Sir James Ormond as earl of Wiltshire, and Richard Neville as earl of Warwick. The creation of the latter does indeed date to 8 July, at which point parliament was still in session, but again there is nothing on the roll. That of Warwick was confirmed on 23 July 1449.

Some observations can be made on actual attendance by the peers. On 3 February, slightly over a week before the opening, the bishop of Durham, the earl of Westmorland, and ten further men from the north of England were ordered to remain there because of fears of Scottish actions, and so were excused from attending parliament. (fn. intF1449-10) Interestingly, three of those named had not received summons (Sir Thomas Neville, Sir John Neville and Sir Thomas Lumley) so we must ask why they were deemed liable to attend parliament at all. None of those written to on 3 February are found in any other sources as being present at any session of the parliament. The duke of York was certainly not present at the last session. Towards the end of May he began his journey towards Ireland to take up his lieutenancy in person, sailing from Beaumaris on 22 June. (fn. intF1449-11) Nor does he feature in the record of deliberations in the lords in the first session (Parliament of February 1449, Appendix item 1). There is not space to provide a full analysis of the presences revealed by these records of deliberations in the lords, but some interesting observations can be made. The first is that there was not a consistency of presence. Take, for instance, the lists of presences on 20 and 21 March. On the first occasion, twelve bishops and four abbots as well as ten lay peers were present, yet on the next day only ten bishops, one abbot and six lay peers. Suffolk was the only duke present on 20 March, Buckingham the only duke on 21 march. For the final session, we can see present thirteen diocesans, two abbots and eighteen lay lords, that is, thirty-three out the ninety-five summoned.. (fn. intF1449-12)

The session was opened on Friday 12 February in Westminster by John Stafford, archbishop of Canterbury, as chancellor. On Saturday 13 February, the commons elected their speaker, John Say, who was presented on Monday 15 February. Say was an MP for Cambridgeshire and was close to Suffolk, having served on the embassy to France in 1444. (fn. intF1449-13) From at least 1443 he was a yeoman of the king's chamber and had subsequently become esquire of the hall and chamber and by the time of the parliament an esquire of the body. He enjoyed much by way of royal gifts and rewards. During the parliament of 1447 he had been granted the wardship and marriage of his wife's daughter by her first marriage and a life grant of the manor of Lawford (Essex). During the present parliament, he was appointed as one of members of a new group appointed as feoffees of the duchy of Lancaster estates assigned to the administration of the king's will (Parliament of February 1449, Appendix item 18). Serving alongside him as feoffee was his brother William, dean of the chapel royal. As Roskell shows, just before the 1449 parliament was prorogued in March, John Say was granted another royal annuity, and on 10 June, shortly before the final session opened at Winchester, he was given the reversion of the offices of chancellor of the duchy and county palatine of Lancaster to be effective from the death of William Tresham, the current holder, who had of course been speaker in the parliaments of 1439, 1442 and 1447.

There can be no doubt, therefore, that Say was closely linked to the king and his circle, and even during the parliament was in personal attendance on the king on at least one occasion. His selection reveals, perhaps, the accepted significance of the royal household in government at this stage. The government would have anticipated the need to persuade the commons to make a generous tax grant.

During the first session, the lords dealt with a dispute over precedence between William, earl of Arundel, and Thomas, earl of Devon, concerning their seating positions in the Lords. One of the records of lords' deliberations (Parliament of February 1449, appendix item 1) places the date of the discussion as 20 March. According to the entry in the roll (item 18), the dispute between the two peers had begun in the parliament of February 1445, and had given rise to writings produced by both parties in that same parliament, prompting the king, on the advice of the lords, to refer it to a committee of lords for decision. But there is no mention of the matter in the roll for the parliament of 1445. That year may, however, have been the first time William, earl of Arundel attended parliament, although he had been summoned in 1442. Assuming the matter was first raised in 1445, we might have expected it to be dealt with at the next meeting of parliament, namely that of February 1447, but, presumably because of the special nature of that assembly, it was referred to the subsequent parliament.

The entry on the roll of the parliament of February 1449 (item 18) notes that the committee of lords had not had time to deal with the matter and thus it was now referred, on the advice of the lords in the present parliament, to the judges who were to report back to the king and lords. Their reply was that the issue was indeed a matter for the king and lords to deal with in parliament, based on the precedent of the act made in the parliament of 1433 concerning John, earl of Arundel, William's elder brother. Mention of this act made it possible for the current parliament to decide in the earl of Arundel's favour, although it left the way open for the earl of Devon to appeal to the king and lords in parliament. The seventeenth-century copy which tells us the date on which the matter was discussed also reveals something about the nature of the debate. Arguments revolved around whether John, earl of Arundel's title as defined in 1433 had been a new creation or a continuation of his right by inheritance of the existing ancient earldom. Nineteen peers considered it a continuation, only the bishop of Winchester thought it a new creation.

We know from the same record of lords' deliberations that the lords met again on 21 and 24 March, but no business is detailed. It also shows that they met on 4 April (the last day of the first session), and that on that day the king, acting on their advice, granted assignments out of the half fifteenth and half tenth made by the commons. These included £2,100 for the costs of the defence of Calais, £1,000 for each of the marches towards Scotland, 500 marks for the castle of Roxburgh and £2,000 for the keeping of the sea. On 4 April Gervase Clifton, Alexander Iden, and Robert Winnington (the latter serving as an MP in the parliament) were appointed to commandeer ships for the last purpose, and subsequently Thomas Daniel, an important household man, was appointed to the overall command of the fleet. (fn. intF1449-14)

It is likely that the first session of the parliament, from 12 February to 4 April, had been devoted largely to discussion of the English position in France and of taxation. There was an obvious need for money. Item 53 of the roll of the parliament of November 1449, which concerns the act of resumption agreed at that parliament, refers to the chancellor, treasurer and lords of the council showing and declaring the state of the realm to the commons 'at your parliament last held at Westminster'. According to this item, the king was shown at that point to be in debt for £372,000, but had an annual income of only £5,000. The household itself was estimated to cost £24,000 per annum. There is no reference in the roll of the February 1449 parliament to any estimates being put before the commons, and it is more likely that this declaration of finance had been made at one of the Westminster sessions of the parliament of November 1449, although some historians have argued that it relates to the parliament of February of the same year.

Whatever the case, the commons of the latter were persuaded to make some tax grants at the end of the first session. These are enrolled before the prorogation issued on 4 April (item 10), and so must belong to the first session. This is confirmed by the fact that the grant of the lay subsidy honoured assignments and grants made before 1 April 1449.

The grant of tunnage and poundage was on the point of expiry. The commons agreed to its renewal, from 3 April 1449 for five years, i.e. to April 1454 (item 9). (fn. intF1449-15) The commons also granted a half tenth and fifteenth to be collected in two instalments, 11 November 1449 and 11 November 1450, with a deduction of £3,000 to be distributed to impoverished places and complete exemption for Great Yarmouth and Lincoln (item 8). This marked a 50 18873064ncrease on the deduction allowed in 1445 when it stood at £2,000 for each half subsidy. Thus not only was the tax to be collected slowly, but its total value was already lower than in the past. Collection of this lay subsidy was to be staggered, with the first instalment due in November 1449 and the second a year later. (fn. intF1449-16) As noted earlier, one of the seventeenth-century copies relevant to this parliament indicates that most of the anticipated yield, which can be estimated at £6,667, was earmarked by the lords on 4 April for the defence of the seas, Calais and the Scottish march (Parliament of February 1449, Appendix item 1) The commons had done relatively little, therefore, to solve the government's financial difficulties before parliament was prorogued for Easter. One other item of unenrolled business can be dated to this first session - a petition from John Talbot, lord Lisle, son of the earl of Shrewsbury, concerning his tenure of the office of chancellor of Ireland (Parliament of February 1449, Appendix item 8), in the light of a dispute with Thomas Fitzgerald, prior of Kilmainham, who had been granted the reversion of the office on 5 April 1448. (fn. intF1449-17)

Parliament reassembled at Westminster on Wednesday 7 May for its second session. We must suppose that the government was hoping to persuade the commons to vote another subsidy. Significantly, it was during this second session that the customary arrangements for the levy of loans, here to £100,000, were agreed on the security of the lay subsidy, clerical taxation and on royal jewels (item 11). Arrangements already made for the financing of Calais were also to be safeguarded. By 28 May 1449, by the advice and assent of the lords in parliament, the duke of Somerset was granted repayment of his loan out of the second instalment of the half tenth and fifteenth voted at the end of the first session, and due for collection in 1450. (fn. intF1449-18) Sometime during the parliament, the lords also assented to a loan of £1,000 being repaid to the duke of Suffolk. (fn. intF1449-19) To a considerable degree, this went against the undertaking in the first session on assignments out of taxation. The second session lasted only until Friday 30 May when it was prorogued for Whitsun (item 12). Announcement was made that it should reopen on Monday 16 June at Winchester, because of fears of plague in London and Westminster. It may be rather that the second session had been deliberately truncated after only three weeks and the venue changed because a deadlock had arisen over taxation and the government felt a cooling-off period would assist in overcoming the commons' reluctance to increase the grants they had made in the first session. It is possible that the parliament had already received an important communication from the duke of Somerset, lieutenant in Normandy, during the first or second session (item 17), but the dating of this item will be discussed more fully below.

The third session opened in Winchester on 16 June. At the end of the session on Wednesday 16 July, the grant of a further half tenth and fifteenth was agreed to be paid in two instalments in November 1449 and November 1451 with the same deductions and exemptions as in the half voted in April (item 13). In total, therefore, the government had a full subsidy granted, but which would take over two years to collect. Some additional funds were also granted at the Winchester session. A tax on aliens was to be levied annually at Michaelmas for the next four years (1449-52) at the same rates as the two previous such subsidies granted in the parliaments of 1439 and 1442 (item 14). There were, however, some new exemptions for those aliens born in Normandy and Guienne, lands which fell under the rule of the English king. It may be that a drift of such people to England had begun or was anticipated as the French threats escalated. Higher rates were introduced for merchants and their clerks, named on the roll as follows: Venetians, Italians, Genoans, Florentines, Milanese, Luccans, Catalonians, Albertines (i.e. members of the Florentine society of merchants called the Alberti), Lombards, members of the Hanse, Prussians and all other foreign merchants. This was a further expression of hostilities to alien merchants, as had been expressed in other recent parliaments.

In addition a poll tax on priests at 6s 8d per head payable at Michaelmas 1449 was engineered through the parliament. This is revealed by the last common petition enrolled on the roll (item 25). It asked the king to grant an amnesty to clergy who had committed rape or who had accepted salaries in excess of those rates which had been laid down by statute. In return, the commons expressed their consent for the clerical poll tax to be levied. The response was that the matter of the tax should be referred to the clerical convocation. That of Canterbury met from 1 to 28 July in London. No doubt mindful of the commons' will, the latter granted the tax and thus the bill became a statute. (fn. intF1449-20)

The wool subsidy was due to expire on 11 November 1449. At the end of the third session, the commons agreed to its continuation to April 1454 (item 15). (fn. intF1449-21) The rates were kept at 33s 4d for native merchants and 53s 4d for alien merchants as in 1445, but there were some important regional differences established. For wool and woolfells produced between the rivers of Tees and Tweed and in Westmorland and Cumberland, a lower rate of 13s 4d was established for native merchants. The special treatment of Carlisle and Lincoln was preserved, (fn. intF1449-22) as were the assignments already made to Lord Fauconberg for the defence of Roxburgh and to John Lemanton for the repairs to Berwick and Roxburgh. Relations with Scotland were not good at this time, with open conflict having broken out in the summer of 1448. It will be remembered that on 3 February, nine days before the opening of the parliament, the bishop of Durham, the earl of Westmorland and ten others were excused for attending parliament on the grounds that their presence was needed to ensure the safekeeping of the north against the Scots. (fn. intF1449-23)

It was also agreed at the third session that 20s out of the 33s 4d standard rate levied in this subsidy should be applied to the costs of defence at Calais for the next four and a half years, apportioning the expected income between soldiers' wages, victuals and repairs to the fortifications (item 16). This was requested in the form of a petition, and was agreed save that adjustments were made whereby more was put towards repairs and less to wages. An exception was made to cover the duty-free export rights granted to the queen on 24 July 1448, but care was taken to ensure that those who shipped wool on which duty was due should not wriggle out of payment by gaining subsequent licences of exemption from the crown.

Parliament must have been well aware of the conflicting demands for funds between the various English military commitments. Some solution was to be provided for Calais, presumably because of mercantile pressures, and the Scottish frontier. But no English funds were ever earmarked for Normandy. This is all the more notable given that the duke of Somerset, as lieutenant-general of France, had communicated to the parliament the difficult position which then prevailed in the English possessions in Normandy (item 17). It is unlikely that he had sent a written statement himself, although some textbooks imply that he did. What he had done was to give letters of credence similar to those provided to ambassadors going abroad on behalf of the king to Thomas Hoo, lord Hastings, chancellor of France, and Reginald Boulers, abbot of Gloucester, a member of the council of the duchy, both of whom had received writs of summons to the parliament. These letters confirmed their status as Somerset's official mouthpiece, so that they spoke on his behalf but in their own words. Whether they had a written text to draw on is impossible to know, but we can at least assume that they were reflecting discussions which they had already had with Somerset in Rouen.

The responsibility to make the presentation at the parliament fell to the abbot. The entry, given in English after a heading in Latin, makes clear that his presentation was made at the king's command (the king's actual presence is not transparent but this reference may imply that he was there) 'to both lords and commons'. Boulers explained first how his master, with personal experience of enemy activity and moved by fear of further damage if remedy was not applied, had wisely reacted by the sending of Hoo and himself to the king with the duke's letters of credence to let the king know 'the doubtful and dangerous disposition of that country'. Boulers' preceded his main speech by explaining that the king had commanded him to 'open to your wisdoms' on behalf of the duke 'as compendiously as I can'. It is possible, of course, that the abbot's speech was more detailed than the resulting entry in the roll, which runs to 1064 words in the original Middle English.

The first section of Boulers' presentation outlined French infractions against the truce and their refusal to make answer on these, despite Somerset's frequent demands. In this first section, the abbot explained that Charles had issued a semonce to all nobles to gather within 15 days 'the number of which men is great and inestimable', and that the French king had also organised a levy of archers on a parish by parish basis, 'the number of such men so armed and arrayed, as is said by credible persons who have true knowledge of this, exceeds 60,000 men'. The second heading of the abbot's presentation was 'to show that if war should occur, which God forbid, the country of Normandy is in no way sufficient in itself to offer resistance against the great might of the enemies, for many great reasons'. How much emphasis, one wonders, did Boulers give to that loaded phrase 'in itself' to those in the parliament, who no doubt already anticipated that there would be a request for financial aid. After all, these were 'great enemies' and there were many great reasons why the English defensive position was inadequate to resist attack. In this section, the abbot made two subdivisions: 'first', he noted the weaknesses in the fabric of English defence. Even if places had plenty of men and artillery, they were often in a ruinous condition and so could not be defended easily. Necessary repairs would incur 'inestimable costs' (notice here the choice of words). But, as the abbot went on to say in his second remark in this section, when the Norman Estates last made a grant of the aide, they had made clear that the poverty of the duchy was such that they could not bear such great charges in the future, and had asked for the number of men (in garrisons) to be reduced or else it should be showed to the king 'that money might be had from England to cover the said charges'. They had reinforced this by saying that unless they were relieved of tax burdens they would be forced to leave the country 'and allow the land to be abandoned to the enemy'.

Boulers then moved on to the third part, where he reminded those assembled how the last renewal of the truce had only 14 months to run and so it was thought 'right high tyme' to begin your (which must mean the king's) provision for the safeguard of that noble land. In the abbot's words, Somerset beseeched the king and the lords his councillors, 'and heartily willyth all your wysdomes' (meaning the commons) to 'remember the war' or to put it more accurately 'remember Normandy'. The way Boulers did this is interesting, for he invoked the memory of how much English blood had been shed 'for that land's sake'. The abbot then explained why Somerset needed to communicate the position, lest he might open himself to criticism later by his silence. In conclusion, Boulers emphasised how his request made on behalf of Somerset was to the king, the lords in the parliament and 'all your wysdoms that now represent all the comyns of this land', asking the latter in particular to consider the credence and to provide the aid requested. This last statement may imply that the credence had already been made known to the king and the lords, or at least to all those attendant on the privy council, and that they had been instrumental in the decision to have Boulers make his presentation to the lords and commons intercommuned.

But when precisely was Boulers' speech made? There is no date given in the roll. Myers considered that 'Somerset's appeal must have been made some time in February 1449', (fn. intF1449-24) implying that it might have been taken at the first session. Michael Jones has suggested that the duke's appeal was sent to England as a result of the fall of Pont-de-l'Arche to the French on 9 May 1449, and of the complaints made at the Norman Estates at the level of war burden. (fn. intF1449-25) This would place its presentation in the second session. This possibility gains support from the fact that on 27 May Somerset's indenture as lieutenant general was revised to reflect the possibility of open war: he was to be sent an additional 1,300 troops, due to muster for embarkation on 11 June. (fn. intF1449-26) On the next day he was granted, by the assent of lords in parliament repayment of a loan he had made previously (Parliament of February 1449, Appendix item 5).

There are arguments, however, against the suggestion of the second session. If the French had recently taken Pont de l'Arche, a key place close to Rouen, one might have expected mention of this in order that the level of emergency could be made clear. Boulers' speech is completely vague in terms of dating. Even though it mentions the enemy strength it says nothing in detail on their position. There is no mention, for instance, of the taking of Fougères on the Breton frontier by Francois L'Arragonais [de Surienne] on 24 March 1449. It is now accepted that this was not an act of an adventurer but rather a misplaced strategy agreed by Somerset and Suffolk to put pressure on the duke of Brittany. (fn. intF1449-27) Although, as in the case of the capture of Pont-de-l'Arche, the lack of mention of Fougères even obliquely does not prove that the presentation of Boulers predates the attack, but it may well do. A clue to dating is provided by Boulers' mention that the truce had 14 months to run. It had been renewed on 11 March 1448, when the handover of Maine had finally been agreed, to 1 April 1450. Fourteen months before its due end date gives us February 1449, making it possible that Boulers spoke in the first session, and that indeed Somerset had intended his appeal to coincide with the beginning of the parliament. This is also suggested by the place on the roll which Boulers' presentation occupies. It follows the last entry on taxation (item 16) and so is the first item on the roll after the standard opening and closing items. It is immediately followed by a settlement of the precedence case between William, earl of Arundel and Thomas, earl of Devon, which we know from one of the surviving records of lords' deliberations was discussed by a group of lords in the parliament chamber on 20 March, within the first session. (fn. intF1449-28) By analogy with the other rolls of the reign, this suggests that the credence belonged to the first session also. It may therefore pre-date Surienne's attack on Fougères.

Yet there was no immediate response. Not until the end of May was there any action over Somerset's number of troops. Two sets of reports of discussions in the lords note debate on 'how money might be had in order to send armies into Normandy and Gascony', with various ideas being put forward (Parliament of February 1449, Appendix items 2 and 3). Adam Moleyns, bishop of Chichester and keeper of the privy seal, argued that those who had been granted lands in France, as well as those who held annuities and grants of the crown, might give a year's income for the cause. This was, in effect, a suggestion for a form of resumption. Several bishops were keen that the shire levies might be detailed to France. The treasurer recommended more traditional sources for funding - an approach to the commons. The second of the reports of lords' discussions gives the date as 19 June, thus within the third session. But the first gives no date other than noting uniquely that on the same day a letter which Surienne had sent to Suffolk was read out 'before the lords in parliament and considered to be nobly written'. Can this have been anything other than a report on the taking of Fougères, which might again place the debate towards the end of the first session? We do not know how the commons reacted to Somerset's appeal or to the lords' ideas, save that, as we have seen, they had made tax grants by the end of the third session, on which promise loans were raised. By then, events in Normandy were much as Somerset had predicted. Yet not until August and September were further armies recruited to cross for its rescue. Whenever Somerset's appeal was heard, the English response was too little too late. Further research might enable us to date Boulers' presentation with greater precision, but it is fair to say that the reports of the lords deliberations, although fascinating, are problematic in terms of dating, with a strong suspicion that seventeenth-century copyists have artificially created a variety of unreliable versions.

Seven common petitions found their way onto the roll. The first complained that the arrangements concerning the staple at Calais were not being maintained because many were shipping their goods elsewhere, some by licences dubiously or falsely acquired (item 19). One way this was being done was by giving 'new fangled names to the wools and woolfells which were not to be found in the original statute of 27 Edward III concerning the staple. As a result, the income of the staple had, it was argued, declined to only £12,000 per annum. The reply was aimed at continuing the requirements for exports to pass through the staple at Calais, although some exceptions were allowed. This petition needs to be seen alongside the decision taken in the parliament to divert the larger share of the wool subsidy to the costs of the defence of Calais (item 16): clearly the revenues of the staple were not enough for this purpose. There is no doubt that the petition arose as a result of pressure from the mayor of the Staple. Instructions given to an embassy to the duchess of Burgundy on 30 July noted that at the last parliament the mayor had 'sued to obtain certain articles for the benefit and ease of the said Staple'. (fn. intF1449-29)

Concerns of merchants and no doubt of the Staplers too were also revealed in a common petition complaining that the duke of Burgundy was continuing to prevent English cloth being sold in Brabant, Holland and Zeeland, and as a result the cloth workers were suffering unemployment (item 20). (Interestingly, the petition distinguished between occupations on grounds of gender, speaking of male weavers, fullers and dyers and female combers, carders and spinners.) The reply was that unless the duke lifted the embargo, merchandise from those areas would be banned in England in retaliation. Materials surviving from the privy council show that the matter of the Burgundian ban on sale of English cloth had been discussed there too during the parliament. On 27 March 1449 instructions were given to William Pirton, lieutenant of Guines, and Edward Grimston to negotiate with the duchess of Burgundy on the matter, and to remind her that the truce did allow for freedom of trade. (fn. intF1449-30) These instructions also told the envoys to say that the three estates at the parliament 'had piteously complained upon the said ordinance [i.e. Burgundian ban on sales of English wool] and meekly beseeched the king's good grace that he would ordain and establish that unless the ordinance was removed without delay no merchandise from the said areas [i.e Holland and Zealand] should be accepted in England, but be forfeited if it was so received'. This reference thus helps to date the petition at item 20 to the first session of the parliament of February 1449, and to the period before 27 March in that session. When instructions were issued on 30 July 1449 to a second embassy towards the duchess, they included reference again to parliament's consideration of the matter, adding on this occasion specific reference to 'the act of parliament', which the envoys were instructed to show the duchess. (fn. intF1449-31) The petition had indeed given rise to a statute.

That there was other mercantile business dealt with at the parliament is revealed by an unenrolled petition which led to a statute being issued (Parliament of February 1449, Appendix item 11). This petition asked for the enforcement of the statute of 1402 requiring alien merchants to use the profits they had gained in England to buy products in this country before their departure, and banning them from carrying gold and silver out of the realm.

Another common petition asked for continuation of the ordinance made at the parliament of 1442 concerning the taking of stolen goods into Wales from the marcher counties (Parliament of 1442, item 20). An extension to the next parliament was granted (item 21). It is likely that another petition on a related issue, the illegal taking of distraints in Wales and in the duchy of Lancaster, was put forward but not accepted (Parliament of February 1449, Appendix item 13). A similar bill limited to Wales alone had been put forward in 1447 (Parliament of 1447, item 20). The commons finally achieved acceptance of the bill in the parliament of November 1449 (Parliament of November 1449, item 55).

Four further common petitions on the roll of the parliament of February 1449 concerned the church. The first complained about abuse of privilege of clergy (item 22). Clerks were committing crimes but were able to escape punishment and to keep their ill-gotten gains simply by making purgation before their ecclesiastical superiors. This bill was ordered to be referred to the archbishops and bishops as it clearly concerned the church. (There is an interesting marginal note to the effect that the bill is lacking in the files, perhaps an indication that it literally was passed on to the church authorities to be dealt with. Indeed, the original bill is not amongst those which still survive in the chancery and exchequer collections. Nor is that concerning the goods taken into Wales which also has a marginal note in the roll that 'this was another petition 'for empleement'. Perhaps its original was withdrawn from the file to be dealt with again at the next parliament, given that the extension had been awarded only until then.)

Another petition related back to a decision taken in 1421 (Parliament of May 1421, item 15) that abbots and priors should not act as collectors of the clerical subsidy in the county where they were resident (item 23). Technically this was to last until the parliament which was to follow Henry V's return from France, and was effectively annulled by his death. This matter was again referred to the ecclesiastical authorities as such appointments were in the power of the archbishops and bishops. Another common petition protested against the holding of fairs on major feast days, arguing that this distracted people from their religious duties. It asked that fairs should be banned on such days as well as on Sundays, backing up its arguments with biblical referencing and sermonizing (item 24). The king agreed to it but allowed the possibility of it being overturned if convincing arguments were put forward at the next parliament that its continuation was unwise. The final common petition enrolled on the roll concerned the clerical subsidy, as discussed earlier (item 25).

The parliament had before it other matters which were not enrolled. A petition was put forward by John Paston to the king and lords in parliament concerning his dispute with Robert Hungerford, Lord Moleyns over the manor of Gresham (Parliament of February 1449, Appendix item 4). Interestingly too, a letter survives from Moleyns to the tenants of Gresham written at London 'on the eve of our lady's day last' which ends 'and almighty God keep you, and by his grace I shall be with you soon after the parliament is ended'. This must have been written on 24 March 1449 just before the end of the first session. (fn. intF1449-32) The petition of William Brocas, master of the buckhounds, belongs to the last session as it led to a grant made at Winchester on 5 July (Parliament of February 1449, Appendix item 10). It is likely that there were other matters concerning the royal household and officials, including petitions by the gentlemen and yeoman of the household and by the members of the royal chapel for payment of arrears (Parliament of February 1449, Appendix item 16 and 17). (fn. intF1449-33) These reinforce the financial difficulties facing the crown, not least in showing that the customs were a potentially problematic source of assignment. Four matters relate back to the parliament of 1445 (as did the matter of precedence of William, earl of Arundel), and have been assigned to this parliament rather than to that of 1447 on the grounds that the latter was so short, although dating remains problematic. These concerned the queen's dower (Parliament of February 1449, Appendix item 21) where she was now given priority in her annuity over all other calls on the revenues of the duchy of Lancaster, (fn. intF1449-34) privileges which matched her special treatment in the wool custom, confirmations to Eton (Parliament of February 1449, Appendix item 22) and King's College Cambridge (Parliament of February 1449, Appendix item 23), and the case of violence against Sir Thomas Parr at the parliament of 1445 (Parliament of February 1449, Appendix item 20), which had now been settled out of court. There was a further matter of parliamentary business concerning the contribution of the Isle of Ely to election expenses in Cambridgeshire (Parliament of February 1449, appendix item 15), a dispute which had already come before parliament in 1431 (Parliament of 1431, item 46). The commons also petitioned against the royal powers to requisition horses, a complaint in a long line of criticism of purveyance (Parliament of February 1449, Appendix item 12). (fn. intF1449-35)

Parliament closed on Wednesday 16 July. Although some tax grants had been agreed, they were smaller than the government needed. It seems likely that the crown had made clear its financial position at the parliament, claiming debts of £372,000. It is possible that the commons in the parliament had asked for an act of resumption. This is certainly implied by Bale's chronicle, although it is possible that the chronicler has confused the two parliaments of 1449 and that this reference relates more properly to the parliament which met in November 1449, where an act of resumption was agreed. (fn. intF1449-36) Or it may be that Bale's Chronicle was referring to the fact that the commons' grant of the first half subsidy disallowed any assignments made in anticipation of its levy(item 8). Here, as in their concern to limit the issue of licences giving freedom from customs duty, the commons showed increasing concern that royal revenues should be properly spent.

Events in France were already coming to a head before the end of the parliament. Negotiations had broken down by the end of June, and Somerset had sent troops under Shrewsbury and Osberne Mundeford towards Pont-Audemer, which the French were now threatening. (fn. intF1449-37) By the time parliament was dissolved on 16 July, Charles VII had made clear his intention to reopen the war, although the formal declaration of war did not come until 31 July. Parliament had ended with some funds being made available to the crown, but with a lay subsidy that was not due for full collection until 1451. Under such circumstances, and with growing disasters in France, writs for another parliament had to be issued on 23 September, just nine weeks after the dissolution on 16 July.

Text and translation

[p. v-141]
[col. a]
ROTULUS PARLIAMENTI DE ANNO REGNI REGIS HENRICI SEXTI VICESIMO SEPTIMO. THE ROLL OF THE PARLIAMENT OF THE TWENTY-SEVENTH YEAR OF THE REIGN OF KING HENRY THE SIXTH.
[memb. 1]
Pronunciatio parliamenti. The opening of parliament.
Memorandum, quod die Veneris, duodecimo die Februarii, anno regni regis Henrici sexti post conquestum vicesimo septimo, ipso domino rege in camera Depicta infra palacium suum Westm' regali solio residente, presentibus eciam quampluribus prelatis, proceribus et communibus regni Anglie, ad parliamentum tunc ibidem summonitum de mandatis regiis convocatis; venerabilis pater Johannes archiepiscopus Cantuar', cancellarius Anglie, ex ipsius domini regis mandato, causas summonicionis parliamenti notabiliter pronunciavit et declaravit. Post cujus pronunciationis et declarationis conclusionem, idem cancellarius, prefatis communibus nomine regio dedit firmiter in mandatis, quod in domo sua communi et consueta in crastino convenirent, et unum prelocutorem suum eligerent; ac sic electum eidem domino regi presentarent. Et ut justicia conqueri volentibus posset celerius adhiberi, idem dominus rex certos receptores et triatores peticionum in dicto parliamento exhibendarum constituit et assignavit, in forma sequenti: Be it remembered that on Friday 12 February in the twenty-seventh year of the reign of King Henry the sixth since the conquest [1449], with the lord king sitting on the royal throne in the Painted Chamber within his palace of Westminster, with very many prelates, nobles and the commons of the realm of England who were also present, having been summoned to the present parliament there by royal command; the venerable father John, archbishop of Canterbury, chancellor of England, pronounced and declared in fine fashion the reason for the summons of parliament at the command of the lord king himself. After the end of which pronouncement and declaration the same chancellor in the king's name firmly ordered the aforesaid commons that they should assemble the following day in their common and accustomed chamber, and they should elect their speaker and present him thus elected to the same lord king. And so that justice might be given more quickly to those who wished to complain, the same lord king appointed and assigned certain receivers and triers of petitions to be presented in the said parliament, in the following form:
2. Receyvours des petitions d'Engleterre, Irland, Gales, et Escoce,

  • Sir Thomas Kirkeby
  • Sir Nicholas Wymbyssh
  • Sir Johan Faukes.
2. Receivers of petitions from England, Ireland, Wales, and Scotland:

  • Sir Thomas Kirkeby
  • Sir Nicholas Wymbush
  • Sir John Faukes.
3. Receyvours des peticions de Gascoigne, et d'autres terres et paiis de pardela, et dez Islez:

  • Sir Johan Stokes
  • Sir Robert Monter
  • Sir Johan Bate.
3. Receivers of petitions from Gascony, and the other lands and countries overseas, and from the Channel Islands:

  • Sir John Stokes
  • Sir Robert Monter
  • Sir John Bate.
Et ceux qe voillent deliverer lour peticions, lez baillent par entre cy et le Viendredi proschein venant. And those who wish to submit their petitions should deliver them between now and the following Friday.
[col. b]
4. Et sount assignez triours dez peticions d'Engleterre, Irland, Gales et Escoce:

  • Le cardynall ercevesqe d'Everwyk
  • Le duc de Buk'
  • L'evesqe de Karliol
  • L'evesqe d'Ely
  • L'evesqe de Wurcestr'
  • Le count d'Arundell
  • Le count de Devonshir'
  • Le viscount Bourghchier
  • Le seignur de Cromwell
  • Le seignur de Moleyns
  • Le seignur de Grey
  • Sir Johan Fortescu.
4. And the following are assigned triers of petitions for England, Ireland, Wales, and Scotland:

  • The cardinal archbishop of York
  • The duke of Buckingham
  • The bishop of Carlisle
  • The bishop of Ely
  • The bishop of Worcester
  • The earl of Arundel
  • The earl of Devon
  • Viscount Bourchier
  • Lord Cromwell
  • Lord Moleyns
  • Lord Grey
  • Sir John Fortescue.
-toutz ensemble, ou siz dez prelates et seignurs avauntditz, appellez a eux les chaunceller et tresorer, et auxi lez sergeauntez du roy, quaunt y bosoignera. Et tiendront lour place en la chambre du chamberleyn, pres le chambre Depeinte. - to act all together, or at least six of the aforesaid prelates and lords, consulting with the chancellor and treasurer, as well as the king's serjeants, when necessary. And their session will be held in the chamberlain's chamber, next to the Painted Chamber.
5. Et sount assignez triours dez peticions de Gascoigne, et d'autres terres et paiis de pardela, et des Islez:

  • Le duc de Suff'
  • L'evesqe de Wynchestr'
  • L'evesqe de Baa
  • L'evesqe de Cicestr'
  • Le count d'Oxenford
  • L'abbe de Bury
  • L'abbe de Abyndon
  • Le seignur de Dudley
  • Le seignur de Sudeley.
5. And the following are assigned triers of petitions for Gascony, and the other lands and countries overseas, and for the Channel Islands:

  • The duke of Suffolk
  • The bishop of Winchester
  • The bishop of Bath
  • The bishop of Chichester
  • The earl of Oxford
  • The abbot of Bury St Edmunds
  • The abbot of Abingdon
  • Lord Dudley
  • Lord Sudeley.
- toutz ensemble, ou quatres dez prelates et seignurs avauntditz, appellez as eux lez chaunceller et tresorer, et auxi lez lez [sic] serjantz du roi, quaunt y bosoignera. Et tiendront lour place en la chambre Marcolf. - to act all together, or at least four of the aforesaid prelates and lords, consulting with the the chancellor and treasurer, and also the king's serjeants, when necessary. And their session will be held in the Marcolf Chamber.
Eleccio prelocutoris. The election of the speaker.
6. Item, die Sabbati, secundo die parliamenti, prefati communes per quosdam sociorum suorum declaraverunt dominis spiritualibus et temporalibus in presenti parliamento existentibus, quod ipsi, juxta mandatum domini regis pridie eis injunctum, in domo sua communi congregati, elegerunt quendam Johannem Say, prelocutorem suum; humillime exorando quatinus de ipsius presentatione domino regi facienda, quibusdam de causis urgentibus, usque in diem lune tunc proximo sequente respectuari posset: quod eis extitit concessum. 6. Item, on Saturday, the second day of parliament, the aforesaid commons explained through certain of their fellows to the lords spiritual and temporal assembled in the present parliament, that they themselves, according to the command of the lord king enjoined to them the day before when assembled in their common chamber, had elected a certain John Say as their speaker, humbly imploring that they might delay making the presentation of him to the lord king until the following Monday on account of certain urgent reasons. This was granted to them.
Presentatio prelocutoris. The presentation of the speaker.
7. Item, die Lune, videlicet quintodecimo die Februarii, prefati communes, coram domino rege, ac dominis in pleno parliamento comparentes, presentarunt eidem domino regi predictum Johannem Say, pro [p. v-142][col. a] communi prelocutore suo in eodem parliamento, de quo idem dominus rex se bene contentavit: qui quidem Johannes Say, se de onere occupationis predicte excusare volens, plura de sui insufficiencia reportans prefato domino regi, instanter deprecabatur de tam magno onere expediri: que quidem excusatio ex parte dicti domini regis admitti non potuit. Super quo idem Johannes, celsitudini regie humillime supplicavit, quatinus omnia et singula per ipsum in parliamento predicto nomine dicte communitatis proferenda et declaranda, sub tali posset protestatione proferre et declarare, quod si aliqua verba, per negligentiam vel ignorantiam, aut aliter quam per socios suos concordata fuerint, vel que eidem domino regi, quod absit, displicerent, abipso procederent, idem dominus rex ipsum inde excusatum habere vellet; et quod idem Johannes, ea sic prolata per predictos socios suos corrigere posset et emendare; et quod protestatio sua hujusmodi in rotulo parliamenti inactitaretur. Cui, de mandato dicti domini regis, per prefatum dominum cancellarium respondebatur, quod idem Johannes tali protestatione frueretur et gauderet, quali alii prelocutores hujusmodi ante ea tempora uti et gaudere consueverunt. 7. Item, on Monday, that is 15 February, the aforesaid commons, who had come before the lord king and the lords in full parliament, presented the aforesaid John Say to the same lord king as [p. v-142][col. a] their common speaker in the same parliament, whom the same lord king readily accepted: which John Say, wishing to excuse himself from the burden of the aforesaid task, informing the aforesaid lord king of his many inadequacies, earnestly prayed to be freed from so great a burden, which protestation could not be accepted on behalf of the said lord king. Whereupon the same John humbly beseeched the royal highness that he might be able to say and declare each and everything to be said and declared by him himself in the aforesaid parliament, in the name of the said commons, under such protestation that if any words were put forward by him himself through negligence or ignorance, or other than had been agreed by his fellows, or which were displeasing to the same lord king, which God forbid, the same lord king would be willing to excuse him thereupon; and that the same John might be corrected and amended by his aforesaid fellows in what he had put forward ; and that this his protestation might be enrolled on the roll of parliament. To which it was replied by the aforesaid lord chancellor, at the command of the said lord king, that the same John might enjoy and have the benefit of such protestation as other such speakers have been accustomed to use and enjoy in the past.
[memb. 2]
Concessio medietatis unius .xv. e et x e . The grant of a half fifteenth and tenth.
8. Memorandum, quod communes regni Anglie in presenti parliamento existentes, anno predicto, per Johannem Say prelocutorem suum declarabant, qualiter ipsi, de assensu dominorum spiritualium et temporalium in parliamento predicto existentium, concesserunt domino regi, medietatem unius quintedecime, et medietatem unius decime, excepta summa trium milium librarum, de dicta medietate quintedecime et decime, sub certa forma in quadam indentura inde confecta, et dicto domino regi in parliamento predicto exhibita contenta deducendarum, de laico populo regni Anglie levandarum. Tenor cujus indenture sequitur in hec verba: 8. Be it remembered that the commons of the realm of England assembled in the present parliament in the aforesaid year declared through John Say, their speaker, how they themselves, with the assent of the lords spiritual and temporal assembled in the aforesaid parliament, had granted to the lord king a half fifteenth and a half tenth to be levied on the laity of the realm of England, except for the sum of £3,000 to be deducted from the said half fifteenth and tenth, under a certain form contained in a certain indenture made thereupon and presented to the said lord king in the aforesaid parliament. The tenor of which indenture follows in these words:
To the worship of God, we youre pouere communes, by your hie commaundement comen to this your present parlement, for the shires, citees and burghes of this your noble roialme, by the assent of all the lordes spirituell and temporell, by your auctorite roiall in this your saide parlement assembled, graunten by this present endenture to yow our soveraigne lord, for the defence of this youre saide roialme, half a quinsime, and half a disme, except the summe of .iij. .m.li. to be deduct therof, in relief and coumfort of pouere townes desolate, wasted and destroyed, or to the saide half quinsime, and half disme to gretly charged, or to gretly empoverysshed; the saide half quinsime, and half disme, except byfore except, to be paied and leved of the godes mevable of the lay poeple of this youre roialme, in the manere and fourme accustumed; that one moite of the saide half quinsime, and half disme, except byfore except, to be paied to yow soveraigne lord, atte the fest of Seint Martyn in wynter next comyng, and that other half therof, except afore except, to [be] payed atte the fest of Seint Martyn in wynter, that shall be in the yere of Oure Lord God .mccccl.; alwey forseyne, that the citee of Lincoln, neyther the inhabitantz of the same, the subarbes and procynct therof, neyther to the towne of Mochell Jernemouth in the shire of Norfolk, nother the inhabitantz þerof, of the saide half quinsime, and half disme, or to eny partie therof, by force of this saide graunte to paye be not compelled, neyther in eny wyse charged, for eny godes þat they have withynne the saide citee and towne; but that they, their heires and successours, a yenst yow soveraigne lord, your heirs and successours, þerof, and of every parcell therof, be utterly quyte and discharged; and that semblable auctorite and power, be hadde and ordeigned for the [col. b] saide deduction duly to be made, as hathe been afore this tyme, for the deduction of .iij. m li., of half a quinsime, and half a disme, to yow afore this tyme graunted, and so the allowance þerof to be hadde. Provided alwey, þat all manere grauntes and assignementz made by your lettres patentes, or lettres of prive seal, afore this tyme, or hereafter to be made, byfore the first day of Aprill next comyng, to eny persone or persones, for paiement of eny sommes of money, to be had of eny quinsime, or disme, or parcell þerof, to yow to be graunted, by the communialte of this your said roialme, be not effectuell neyther available, for eny paiement or leve to be had of the saide half quinsime, and half disme, to yow in the fourme aforeseid graunted. (fn. v-141-33-1) For the honour of God, we your poor commons who have come to this your present parliament by your high command for the counties, cities and boroughs of this your noble realm, by the assent of all the lords spiritual and temporal assembled in this your said parliament by your royal authority, grant by this present indenture to you our sovereign lord, for the defence of this your said realm, a half fifteenth and a half tenth, except for the sum of £3,000 to be deducted therefrom in relief and support of the poor towns which are desolate, laid waste and destroyed, or which are excessively impoverished or overburdened by the said half fifteenth and half tenth; the said half fifteenth and half tenth, save for the previous exception, to be paid and levied on the moveable goods of the laity of this your realm in the customary manner and form; one half of the said half fifteenth and half tenth, save for the previous exception, to be paid to you, sovereign lord, at the next following Martinmas [11 November 1449], and the other half thereof, save for the previous exception, to be paid at Martinmas [11 November] 1450; always saving that the city of Lincoln nor the inhabitants of the same, the suburbs and precinct thereof, nor the town of Great Yarmouth in Norfolk, nor the inhabitants thereof shall be compelled to pay the said half fifteenth and half tenth, or any part of it, by force of this said grant, nor charged in any way for any goods that they have inside the said city and town; but that they, their heirs and successors, shall be completely quit and discharged of this, and of every part of it, towards you, sovereign lord, your heirs and successors; and that similar authority and power shall be granted and ordained for the [col. b] said deduction duly to be made, as has been the case in the past, for the deduction of £3,000 from the half fifteenth and half tenth granted to you before this time, and allowance to be made for this. Provided always that all manner of grants and assignments previously made by your letters patent or letters under the privy seal, or to be made in the future before 1 April next following [1449], to any person or persons for the payment of any sums of money to be received from any fifteenth or tenth, or part thereof, to be granted to you by the commons of this your said realm, shall not be effective or valid for any payment or levy to be received from the said half fifteenth and half tenth granted to you in the aforesaid form. (fn. v-141-33-1)
Concessio tonagii et pondagii. The grant of tonnage and poundage.
9. Declaravit insuper idem prelocutor, anno predicto, nomine communium predictorum, qualiter ipsi, de assensu dominorum spiritualium et temporalium predictorum, concesserunt prefato domino regi, certa subsidia tam de indigenis, quam alienigenis, sub certa forma in quadam alia indentura inde confecta et eidem domino regi ibidem similiter exhibita contenta levanda. Cujus eciam indenture tenor sequitur in hec verba: 9. The same speaker further declared in the name of the aforesaid commons how they themselves, with the assent of the lords spiritual and temporal, had granted to the aforesaid lord king for the aforesaid year a certain subsidy to be levied on both denizens and aliens under a certain form contained in another indenture made thereupon and similarly presented to the same lord king there. The tenor of which indenture also follows in these words:
To the worship of God, we youre pouere commyns, by youre high commaundement comen to this your present parlement, for the shires, citees and burghs of this your noble roialme, by the assent of < all þe > lordes spirituell and temporell in this present parlement assembled, graunt by this present endenture to yow oure soveraigne lord, for the defence of this your saide roialme, and in especiall for the safe kepyng of the see, a subsidie to be payed in the fourme that foloweth. That is to say, of all manere of merchandise of every merchant deniszein and alyen, aswell of merchauntz of the Hansze of Almaigne, as every other merchaunt alien, caried oute of youre saide roialme, or broght in to the same roialme, by wey of merchandye, fromme the .iij. de day of Aprill next comyng, in to the ende of .v. yere thenne next folowyng, of the value of .xx. s., .xij. d.: all such manere of merchandye, of every marchaunt deniszein, to be valued after that they cost atte the first byeng or atchate, by the othes of the same merchauntz deniszeins, or of theire servauntz in theire absence, or by theire lettres, the which the same marchauntz have of such byeng frome their factours, and in none other wyse: all manere of wollencloth, of all merchauntz deniszeins, and of every of theym, goyng oute of youre saide roialme, withinne the saide tyme, all manere of wolle and wolfell goyng oute of the same roialme, whete, rye, floure, all manere of fresshefisshe and wyne comyng into this youre saide roialme, all manere of vitaille goyng to Caleys, and all suche merchandise as in comyng inward into this land, by distresse of wedyr or brekyng of the vessell, be dreynt or perysshed in the see, and after by grete cost and lost of the merchaunt, be fisshed up and recovered a yen, oute of this graunte be alwey except. And over that, we youre saide communes, for the saide defence and safe kepyng of the see, graunte to yowe our < seide > soveraigne lord, by the auctorite aforeseide, a subsidie to be paied in < the > manere and fourme that foloweth. That is to say, of every tonne < of > wyne, comyng by wey of merchandise in to youre saide roialme, withinne the seide tyme, by eny merchaunt deniszein or alien, .iij. s.; and of every tonne of swete wyne, comyng by wey of merchandise in to the same roialme, withinne the same tyme, by eny merchaunt alyen, aswell by merchauntz of the Hansze of Almayne, as eny other merchaunt alyen, .iij. s., over the saide .iij. s. afore graunted. Provided alwey, þat all manere grauntes and assignementes made [p. v-143][col. a] by your lettres patentes, or lettres of prive seal, afore this tyme, or hereafter to be made, before the first day of the saide moneth of Aprill, to eny persone or persones, for paiement of sommes of money, or for any annuite or annuell rent, to be had to theyme for terme of yeres, for terme of lyf, or of eny manere estate of enheritaunce or otherwyse, of the subsidies of merchandises in the fourme abovesaide graunted, be not effectuell nor availlable, for eny payment or leve to be had of the same subsidies: and þat no such annuite nor sommes of money, in eny suche lettres patentes, or lettres of prive seal comprisid, in eny wyse be levable of the same subsidies in the fourme aforeseid to yow graunted. (fn. v-141-38-1) For the honour of God, we your poor commons who have come to this your present parliament by your high command on behalf of the counties, cities and boroughs of this your noble realm, by the assent of all the lords spiritual and temporal assembled in this present parliament, grant by this present indenture to you our sovereign lord, for the defence of this your said realm, and in particular for the safe keeping of the sea, a subsidy to be paid in the form which follows. That is to say, on all manner of merchandise of every denizen and alien merchant, both merchants of the Hanse of Germany and every other alien merchant, exported from your said realm or imported to the same realm as merchandise from 3 April next following [1449] until the end of the next following five years of the value of 20 s ., 12 d .: all such kinds of merchandise of every denizen merchant to be valued according to their cost at their first buying or purchase by the oaths of the same denizen merchants, or of their servants in their absence, or by their letters which the same merchants have of such buying from their factors, and in no other way: always excepting from this grant all kinds of woollen cloth of all denizen merchants, and of each of them, exported from your said realm within the said period, all kinds of wool and woolfells exported from the same realm, wheat, rye, flour, all kinds of fresh fish and wine imported to this your said realm, all kinds of victuals sent to Calais, and all such merchandise as is sunk or is lost at sea on its journey to this land on account of storms or shipwrecks and which is later retrieved and recovered again at great cost and expense to the merchant. And we your said commons grant in addition to you our said sovereign lord by the aforesaid authority for the said defence and safe keeping of the sea a subsidy to be paid in the manner and form which follows. That is to say, on every tun of wine imported as merchandise to your said realm within the said period by any denizen or alien merchant, 3 s .; and on every tun of sweet wine imported as merchandise to the same realm within the same time by any alien merchant, both by merchants of the Hanse of Germany and by any other alien merchant, 3 s . in addition to the said 3 s . already granted. Provided always that all kinds of grants and assignments previously made [p. v-143][col. a] by your letters patent or letters under the privy seal, or to be made hereafter before 1 April to any person or persons for payment of sums of money, or for any annuity or annual rent to be received by them for a term of years or for a term of life, or by any kind of inheritance or otherwise from the subsidies on merchandise granted in the abovesaid form shall not be effective nor liable for any payment or levy to be made from the same subsidies: and that no such annuity nor sums of money contained in any such letters patent or letters under the privy seal shall be liable in any way from the same subsidies granted to you in the aforesaid form. (fn. v-141-38-1)
Prorogatio parliamenti. Prorogation of parliament.
10. Subsequenterque, < quarto > die Aprilis, regraciatione facta, per venerabilem patrem Johannem archiepiscopum Cantuar', cancellarium Anglie, ex parte domini regis, prefatis communibus, de fidelitate, teneritate et immensa gratitudine eidem domino regi per dictos communes in concessionibus suis predictis exhibitis et ostensis, idem dominus cancellarius, de mandato dicti domini regis, ac de avisamento et assensu dominorum spiritualium et temporalium in parliamento tunc ibidem existentium, ulterius declaravit, qualiter negocia parliamenti predicti pro statu et defensione regni Anglie, et presertim pro sana et solida gubernatione in singulis ejusdem regni partibus habenda et < observanda, > in eodem parliamento communicata et ministrata, ac per prefatos communes ante dissolucionem ejusdem parliamenti providenda, ordinanda et notificanda, specialiter adoptata, ante festum Pasche tunc quasi in proximo existens, propter ipsorum negociorum arduitatem discuti non poterant, nec finaliter terminari; prefatus dominus noster rex, de avisamento dominorum predictorum, dictum presens parliamentum suum usque diem mercurii, videlicet septimum diem Maii tunc proximo futurum, duxit prorogandum, et illud realiter prorogavit: omnibus et singulis quorum interest in hac parte firmiter injungendo, quod ad dictum diem mercurii apud Westm' excusatione quacumque cessante personaliter convenirent, ad communicandum, tractandum et consentiendum super hiis que pro pleniori et saniori discussione, provisione et determinatione negociorum predictorum, favente Domino, contigerint ordinari. 10. And subsequently on 4 April, thanks were given by the venerable father John, archbishop of Canterbury, chancellor of England, on behalf of the lord king, to the aforesaid commons for the faithfulness, tenderness and immense gratitude exhibited and shown by the said commons to the same lord king in their aforesaid grants. The same lord chancellor, at the command of said lord king, and with the advice and assent of the lords spiritual and temporal then assembled in parliament there, declared in addition how the business of the aforesaid parliament, concerning the state and defence of the realm of England, and especially concerning how the wise and sound governance might be kept and observed in every part of the same realm, which had been communicated and executed in the same parliament, and taken up by the aforesaid commons to be provided for, ordained and notified before the dissolution of the same parliament, could not be discussed or finally determined before the feast of Easter [13 April 1449], which was then almost upon them, on account of the difficulty of such business; our aforesaid lord king, with the advice of the aforesaid lords, caused his said present parliament to be prorogued until Wednesday, that is 7 May then following, and he indeed prorogued it: firmly enjoining in this regard each and every one whom it concerned that they should assemble in person on the said Wednesday at Westminster, without any excuse, to commune together, discuss, draw up and agree on what should be ordained on these matters, for the sake of fuller and wiser discussion, provision and determination of the aforesaid business, God willing.
Actus pro chevancia fienda ad certam summam super jocalibus regiis et aliis. Act for loans to be made up to a certain sum on the crown jewels and others.
11. Nostre seignur le roi, par advys et assent des seignurs spirituelx et temporelx, et les communes du roialme, en cest present parlement assemblez, ad graunte et ordeigne, qe les seignurs de son counseill, et de ses heires et successours, et auxi le tresorer d'Engleterre, et les chamberleyns de l'escheker, pur le temps esteauntz, eient poair par auctorite du dit parlement, de faire a touz yceux qi pur le temps de cest present parlement ount fait, ou en apres ferrount ascuns creaunces au roi pur defence de son roialme, du somme de .c. .m.li. ou dedeins, tauntz et sibone suertees de par le roi, de qeconqes subsidies en cest present parlement grauntez, come des quinzismes et dismes en mesme le parlement grauntez; et auxi des dismes par la clergie de cest roialme a grauntiers, et auxi des joialx et chateux nostre dit seignur le roi, sibien de la corone come autres, pur repaiement ou agrement de lour prestes et creaunces, come meulx semblera as ditz creditours. Et qe le chaunceller d'Engleterre pur le temps esteant, ferra as ditz creditours, et a chescun de eux, lour executours, assignez ou deputes, tauntz et tielx lettres patens, et briefs desouth le graunt seal du roi, et < de > ses heirs et successours, en tiel fourme, saunz fee et fin pur icell apaier, des subsidies, quinzismes et dismes, et auxi des dismes par la clergie a grauntiers, et des joialx et chateux suisditz, [col. b] pur la suerte de la repaiement et agrement des ditz creditours, et a chescun de eux, lour executours, assignez et deputez, come semblera a mesmes les creditours, lour executours, assignez et deputez, necessaries et sufficeantz, par advys del counseill suisditz; et ceo par auctorite de cest present parlement. Purveu, qe cest act ne soit prejudiciall au roigne, ne as justicez, < sergeauntz ne attourney du roy, ne a ascun act fait pur > eux avaunt cest heures. Purveu auxi, qe par cell act null prejudice soit fait a ascun persone eient ascun assignement ou graunte fait apres le primer jour de cest present parlement, des ditz subsidies, quinzismes ou dismes, ou ascun parcell d'icell, ou des ditz dismes par la dit clergie a grauntiers. Purveu auxi, qe cest act ne soit prejudiciall a ascun act ou appoyntement fait ou affaire, pur la safgarde de la ville de Caleys, et les marches d'ycell, ou pur le paiement des gages affaire as soudeours de mesme la ville et marches, ou pur reparation des overaignes nostre seignur le roy illeosqes. (fn. v-141-44-1) 11. Our lord the king, by the advice and assent of the lords spiritual and temporal and the commons of the realm assembled in this present parliament, has granted and ordained that the lords of his council, and of his heirs and successors, and also the treasurer of England and the chamberlains of the exchequer at the time shall have power by the authority of the said parliament to make as many and such guarantees on behalf of the king to all those who have made during this present parliament, or who will make in future, any loans of the sum of £100,000 or less to the king for the defence of his realm out of any subsidies granted in this present parliament, and out of fifteenths and tenths granted in the same parliament; and also out of tenths to be granted by the clergy of this realm, and also out of the jewels and chattels of our said lord the king, both those of the crown and others, for the repayment or settlement of their loans and credits as will seem best to the said creditors. And that the chancellor of England at the time will make to the said creditors, and to each of them, their executors, assigns or deputies, as many and such letters patent and writs under the king's great seal, and of his his heirs and successors, in such form, without fee and fine to be paid for this, [col. b] for the guarantee of the repayment and settlement of the said creditors, and of each of them, their executors, assigns and deputies, as will seem necessary and sufficient to the same creditors, their executors, assigns and deputies, by the advice of the aforesaid council, out of the subsidies, fifteenths and tenths, and also out of the tenths to be granted by the clergy, and out of the aforesaid jewels and chattels; and this by the authority of this present parliament. Provided that this act shall not be prejudicial to the queen, nor to the king's justices, serjeants or attorneys, nor to any act made for the latter in the past. Provided also that by this act no prejudice shall be caused to any person who has any assignment or grant made after the first day of this present parliament from the said subsidies, fifteenths and tenths, or any part of them, or from the said tenths to be granted by the said clergy. Provided also that this act shall not be prejudicial to any act or appointment made or to be made for the safe keeping of the town of Calais and its marches, or for the payment of the wages to be given to the soldiers of the same town and marches, or for the repair of the works of our lord the king there. (fn. v-141-44-1)
Prorogatio et adjornatio parliamenti usque Wynton'. Prorogation and adjournment of parliament to Winchester.
12. Memorandum, quod tricesimo die Maii, anno presenti, per prefatum dominum cancellarium, de mandato dicti domini regis, dominis spiritualibus et temporalibus, necnon communibus, in pleno parliamento adtunc existentibus, extitit declaratum, qualiter varia negocia parliamenti predicti, pro statu et defensione regni Anglie, et pro sana et solida gubernatione in singulis ejusdem regni partibus habenda et observanda, in eodem parliamento communicata et ministrata, varieque petitiones commodum et utilitatem dicti regni, juxta supposiciones earumdem, intime concernentes, eidem domino regi in parliamento predicto exhibite, ante festum Pentecostes tunc quasi in proximo existens, propter ipsorum negociorum arduitatem, ac difficultates in eisdem apparentes, discuti non poterant, nec finaliter terminari. Declaravit eciam idem cancellarius, qualiter nobiles progenitores ipsius domini regis, ex magna policia et prudencia summa, pro singulis convencionibus et magnis consiliis infra dictum regnum tenendis, loca delectabilia et aeris salubria, in ipsorum proprie sanitatis, ac populi sui preservatione, perantea assignarunt; aeres corruptas et infectas evitantes et fugientes. Quapropter dictus dominus rex, de aeris corrupcione ac pestilencia, adtunc in diversis locis infra civitatem suam London', aceciam in villa Westm', palatio suo adjacente regnantis, ubi presens parliamentum usque tunc tentum fuit, credibiliter informatus, ex sua naturali disposicione suam propriam sanitatem, ac dominorum et communium predictorum in dicto parliamento convocatorum valitudinem tenerime affectans et attendens, dictum presens parliamentum suum usque sextumdecimum diem Junii tunc proximum sequentem, in civitatem suam Wynton', pro expedicione ejusdem inibi facienda et habenda duxit prorogandum et adjornandum, ac illud sub hac forma realiter prorogavit et adjornavit: omnibus et singulis quorum interfuit firmiter injungendo, quod ad dictum sextumdecimum diem apud dictam civitatem Wynton', pro celeri expedicione parliamenti predicti inibi ut premittitur facienda et habenda, excusatione quacumque cessante, personaliter convenirent, ad communicandum, tractandum et consentiendum super hiis que pro pleniori et saniori discussione, provisione et determinatione negotiorum et ceterorum premissorum, favente Domino, contigerint ordinari. 12. Be it remembered that on 30 May in the present year it was declared by the aforesaid lord chancellor, at the command of the said lord king, to the lords spiritual and temporal and also to the commons who were then assembled in full parliament, that the multifarious business of the aforesaid parliament, concerning the state and defence of the realm of England, and the means whereby wise and sound governance might be kept and observed in every part of the same realm, which had been communicated and put forward in the same parliament, and the various petitions which had been presented to the same lord king in the aforesaid parliament, which appeared to concern closely the benefit and utility of the kingdom, could not be discussed or finally determined before the feast of Whitsun [1 June 1449] which was then almost upon them on account of the difficulty of such business, and the apparent difficulty of it. The same chancellor also declared how the noble progenitors of the lord king himself, out of their great wisdom and politic rule, had in times past assigned every assembly and great council to be held in an agreeable place in the said realm and in healthy air, for the sake of their own health and the preservation of their people, avoiding and keeping away from foul and infected air. Whereupon the said lord king, having been reliably informed of the foul and pestilential air then prevailing in several locations within his city of London, and also in the town of Westminster, adjacent to his palace where the present parliament had been held up till now, out of his natural concern for his own health and desiring and considering the well-being of the aforesaid lords and commons assembled in the said parliament, has caused his said present parliament to be proroged and adjourned until 16 June then next following in his city of Winchester, for the expediting of the parliament to be effected and fulfilled there, and he indeed prorogued and adjourned it under this form: firmly enjoining in this regard each and every one whom it concerned that they should personally assemble on the said 16th day at the said city of Winchester, without any excuse, so that the speedy expediting of the aforesaid parliament might be effected and fulfilled there, as mentioned above, to commune, discuss, and agree on what should be ordained on these matters, for the sake of fuller and wiser discussion, provision and determination of the aforesaid business, God willing.
Concessio alterius medieta .xv. e et .x. e . The grant of the other half fifteenth and tenth.
13. Memorandum eciam, quod prefati communes in presenti parliamento existentes, et coram dicto domino rege in parliamento predicto, sextodecimo die Julii, anno predicto, videlicet, ultimo die presentis parliamenti, comparentes, per prefatum prelocutorem suum declarabant, qualiter ipsi, de assensu dominorum spiritualium et temporalium in parliamento predicto existencium, [p. v-144][col. a] concesserunt prefato domino regi, medietatem unius quintedecime, et medietatem unius decime, excepta summa trium milium librarum, de dicta medietate quintedecime et decime predictarum, sub certa forma in quadam indentura inde confecta, et dicto domino regi in parliamento predicto exhibita contenta deducendarum, de laico populo regni Anglie levandarum. Tenor cujus indenture sequitur in hec verba: 13. Be it also remembered that the aforesaid commons who were assembled in the present parliament and being present before the said lord king in the aforesaid parliament on 16 July in the aforesaid year, that is, the last day of the present parliament, declared through their aforesaid speaker how they themselves, with the assent of the lords spiritual and temporal assembled in the aforesaid parliament, [p. v-144][col. a] had granted to the aforesaid lord king a half fifteenth and a half tenth to be levied on the laity of the realm of England, except for the sum of £3,000 to be deducted from the said aforesaid half fifteenth and tenth, under a certain form contained in a certain indenture made thereupon and presented to the said lord king in the aforesaid parliament. The tenor of which indenture follows in these words:
To the worship of God, we your pouere communes, by youre high commaundement comen to this youre present parlement, for the shires, citees and boroughes of this youre noble roialme, by the assent of all the lordes spirituell and temporell, by youre auctorite royall in this youre seid parlement assembled, graunten by this present indenture to you oure soveraigne lord, for the defence of this youre said royalme, half a .xv. me , and halfe a disme, except the somme of .iij. .m.li. to be deducte therof, in relief and comforte of pouer townes, desolate, wastud and destroied, or to the said halfe .xv. me , and halfe [disme] , over gretely charged, or to gretly empoverysshed; the saide halfe .xv. me , and halfe disme, excepte byfore excepte, to be paied and leveed of the godes mevable of the lay people of þis youre royalme, in the manere and fourme accustumed; that one moyte of the sayd half .xv. me , and half disme, excepte afore excepte, to be payed to you soveraygne lord, at the fest of Seint Martine in wynter next comyng, and that other halfe therof, excepte afore excepte, to be payed at the fest of Seint Martine in wynter, that shall be in the yere of Oure Lord God .mccccli.; alwey forseyn, that the cite of Lincoln, nother the inhabitantz of the same, the subbarbes, and the procyncte therof, nother the towne of Mochell Jernemowthe in the shire of Norff', nother the inhabitantz therof, of the sayd half .xv. me , and halfe disme, or to eny partie therof, by force of this said graunte to paye be not compelled, nother in any wyse charged, for eny godes that they have withine the said citee and procyncte; but that they, their heires and successours, ayenst you soveraigne lord, your heires and successours, therof, and of every parcell therof, be utterly quiete and discharged; and that semblable auctorite and power be hadd and ordeygned, for the said deduccion duely to be made, as hathe [memb. 3] ben a fore this tyme for the deduccion of .iij. m li., of half a .xv. me , and halfe disme, to you afore this tyme grauntyd, and so the allowaunce therof to be hadd. Provided alway, that all manere grauntes and assignements, made by youre lettres patentes, or lettres of prive seall, or otherwyse, a fore this tyme, to eny persone or persones, for payment of any sommes of money, to be hadd of eny .xv. me , or disme, or parcell therof, to you to be graunted by the communialte of this your said royalme, be not effectuell nother available, for eny payment or leve to be hadd of the said halfe .xv. me , and halfe disme, to you in the fourme aforesaid graunted. (fn. v-141-52-1) For the honour of God we your poor commons who have come to this your present parliament by your high command on behalf of the counties, cities and boroughs of this your noble realm, by the assent of all the lords spiritual and temporal assembled in this your said parliament by your royal authority, grant by this present indenture to you our sovereign lord, for the defence of this your said realm, a half fiftenth and a half tenth, except for the sum of £3,000 to be deducted therefrom in relief and support of the poor towns which are desolate, laid waste and destroyed, or which are excessively overburdened or impoverished by the said half fifteenth and half tenth; the said half fifteenth and half tenth, save for the previous exception, to be paid and levied on the moveable goods of the laity of this your realm in the customary manner and form; that one half of the said half fifteenth and half tenth, save for the previous exception, to be paid to you sovereign lord at the next following Martinmas [11 November 1450], and the other half thereof, save for the previous exception, to be paid at Martinmas [11 November] 1451; always saving that the city of Lincoln nor the inhabitants of the same, the suburbs and the precinct thereof, nor the town of Great Yarmouth in Norfolk, nor the inhabitants thereof, shall be compelled to pay the said half fifteenth and half tenth, or any part of it, by force of this said grant, nor charged in any way for any goods that they have inside the said city and precinct; but that they, their heirs and successors, shall be completely quit and discharged of this, and of every part of it, towards you, sovereign lord, your heirs and successors; and that similar authority and power shall be granted and ordained for the said deduction duly to be made as there has been [memb. 3] in the past for the deduction of £3,000 from half a fifteenth and half a tenth granted to you in the past, and the allowance of this to be granted. Provided always that all manner of grants and assignments previously made by your letters patent or letters under the privy seal, or otherwise, in the past to any person or persons for the payment of any sums of money to be received from any fifteenth or tenth, or part thereof, to be granted to you by the commons of this your said realm, shall not be effective or valid for any payment or levy to be received from the said half fifteenth and half tenth granted to you in the aforesaid form. (fn. v-141-52-1)
Concessio subsidii de alienigenis infra regnum commorantibus levandi. The grant of a subsidy to be levied on aliens residing in the realm.
14. Declaravit eciam idem prelocutor, nomine communium predictorum, eodem die, qualiter ipsi, de assensu dominorum spiritualium et temporalium predictorum, concesserunt prefato domino regi, certa subsidia de alienigenis, sub certa forma in quadam alia indentura inde confecta, et eidem domino regi ibidem similiter exhibita contenta levanda. Cujus eciam indenture tenor sequitur in hec verba: 14. The same day the same speaker also declared, in the name of the aforesaid commons, how they themselves, with the assent of the aforesaid lords spiritual and temporal, had granted to the aforesaid lord king certain subsidies to be levied on aliens under a certain form contained in another indenture made thereupon and similarly presented to the same lord king. The tenor of which indenture also follows in these words:
To the worship of God, we youre pouer comens, by your high commaundement comen to this your present parlement, for the shires, citees and burghes of this youre noble royalme, by the assent of all the lordes spirituell and temporell, by youre auctorite [col. b] royall in this your said parlement, graunte to you oure soveraigne lord, for the defence of this youre royalme, a subsidie to be payed in manere and fourme folowyng. That is to say, of every persone not born within your said royalme, youre landes of Irland and Wales, youre duchies of Normandy, Gascoigne and Gyane, the yles of Garresey and Gernesey, nor your liegman born in eny place under youre obeisaunce, housholdyng within this youre said royalme, .xvi. d.; and of every persone not born within youre said royalme, landes, duchies and yles, beyng within your said royalme, and not housholdyng within the same, .vi. d. And also we youre said comens, for the sayd defence, graunten to you our soveraigne lord a nother subsidie, to be payed in manere and fourme folowyng. That is to say, that every Venician, Italian, Januey, Florentyn, Milener, Lucan, Cateloner, Albertyns, Lumbard, Hansers, Pruciers, beyng merchants or factours, and all other merchants straungiers, borne oute of youre said lordshippes, duchies and isles, and dwellyng within this youre royalme, or shall dwell duryng < þe said > graunte, paye to you oure soveraigne lord a subsidie, that is to say, everych of theyme .vi. s. .viij. d.; and their clerkes, everych of theym .xx. d.: the sayd subsidies to be levyed and payed to you, at the fest of Seint Michell next comyng, and so yerly of everych of thayme hereafter at the said fest, by the space of .iij. yere than next folowyng. Provided alwey, that the collectours of this same subsidie, in thair accomptes to be yolden in your eschequer, have at every tyme by thair othes, due discharges and allowaunce in shuch as < is > nough levable therof. Provided also, that no knyghtes of the shire, citezeins ner burgeys, comen to this your present parlement by youre high commaundement, be in eny wyse made commissioner or collectour of the same, or eny part therof: and that the sayd merchaunts and factours straungiers, be not charged with the sayd subsidie of .xv.i d. Moreover we youre pouer comens, graunten to you oure soveraigne lord, for the defence of this youre sayd lond, by the assent abovesayd, a subsidie to be take and rereyd of almanere prests seculers, stipendaries and chaunterie prestes within this youre roialme; that is to say, of every prest .vi. s. .viij. d. to be payed to you at the fest of Seint Michell next comyng. (fn. v-141-57-1) For the honour of God we your poor commons who have come to this your present parliament by your high command on behalf of the counties, cities and boroughs of this your noble realm, by the assent of all the lords spiritual and temporal assembled in this your said parliament by your royal authority, [col. b] grant to you our sovereign lord, for the defence of this your realm, a subsidy to be paid in the following manner and form. That is to say, on every person not born within your said realm, your lands of Ireland and Wales, your duchies of Normandy, Gascony and Guyenne, the islands of Jersey and Guernsey, nor your liegeman born in any place under your obedience, who is a householder in this your said realm, 16 d .; and on every person not born within your said realm, lands, duchies and islands who is in your said realm and not a householder in the same, 6 d . And we your said commons also grant another subsidy to you our sovereign lord for the said defence to be paid in the following manner and form. That is to say, that every Venetian, Italian, Genoan, Florentine, Milanese, Luccan, Catalan, Albertine, Lombard, Hanser and Prussian who is a merchant or factor, and all other foreign merchants, born outside your said lordships, duchies and islands, and dwelling within this your realm, or who shall dwell during the said grant, shall pay a subsidy to you our sovereign lord, that is to say, each of them 6 s . 8 d .; and their clerks, each of them 20 d .: the said subsidies to be levied and paid to you at Michaelmas next following [29 Septebmer 1449], and so yearly on each of them hereafter at the said feast for a period of three years then next following. Provided always that the collectors of this same subsidy shall each time have in their accounts to be rendered in your exchequer due discharge and allowance by their oaths for what is not liable to be levied. Provided also that no knights of counties, citizens or burgesses who come to this your present parliament by your high command shall be in any way made a commissioner or collector of the same, or any part of it: and that the said foreign merchants and factors shall not be charged with the said subsidy of 16 d . Moreover, we your poor commons grant to you our sovereign lord, for the defence of this your said land, by the abovesaid assent, a subsidy to be taken and levied on all manner of secular priests, stipendiary and chantry priests within this your realm; that is to say, on every priest 6 s . 8 d . to be paid to you at Michaelmas next following. (fn. v-141-57-1)
Concessio subsidii lanarum et pellum lanutarum. The grant of a subsidy on wool and woolfells.
15. Declaravit eciam idem prelocutor, nomine communium predictorum, eodem die, qualiter ipsi, de assensu dominorum spiritualium et temporalium predictorum, concesserunt prefato domino regi, certa subsidia tam de indigenis, quam de alienigenis, sub certa forma in quadam alia indentura inde confecta, et eidem domino regi ibidem similiter exhibita contenta levanda. Cujus eciam indenture tenor sequitur in hec verba: 15. The same day the same speaker also declared, in the name of the aforesaid commons, how they themselves, with the assent of the aforesaid lords spiritual and temporal, had granted to the aforesaid lord king a certain subsidy to be levied on both denizens and on aliens under a certain form contained in another indenture made thereupon and similarly presented to the same lord king there. The tenor of which indenture also follows in these words:
To the worshippe of God, we youre poure comens, by youre high commaundement comen to this youre present parlement, for the shires, citees and burghes of this youre noble reaume, by thassent of all the lordes spiritual and temporal, by youre auctorite roial in this youre parlement assembled, graunt by this present indenture to you oure soveraine lord, for the defence of this youre said roialme, a subsidie to be paied in fourme that foloweth. That is to say, of every sakke of woll, and of every .ij c xl. wolfell, goyng oute of youre said roialme, by eny merchant deniszein, to youre towne of Caleys, fro the fest of Saint Martine in wynter next commyng, by .iiij. yere than next folowyng, and fro the ende of that same .iiij. yere, unto the .iij. de day of Aprill than next folowyng, of the grouyng of the countees of Westmerland and Cumberland, and [p. v-145][col. a] of the places betwene the water of Teys and Twede, .xiij. s. .iiij. d.; that on half therof, to be payed at the ende of .vi. monethes than next folowyng aftir suche shippyng, and the other half therof, to be paied < at þe ende of other .vi. > monethes than next folowyng. And of every sakke of woll, and of every .ij c xl. wolfell, goyng oute of youre said roialme, within the said tyme, of the growyng of any other parties than of the saide countees and places betwix the said waters, .xxxiij. s. .iiij. d.; to be paied and levied in the manere and fourme as it is paied and levied at þis day. Provided alwey, that the maire and burgeys of the towne of Berwik upon Twede, ner thaire successours, in eny wyse be not hurt ne prejudised by this acte, ner by noon other act made in this present parlement, of eny thyngs to theyme or any of thaire < predecessours > , by eny of youre noble progenitours graunted. Provided also, that the maire of the staple of Calais, and the constables of the same, or the mairys, lieutenaunt and constables of the same staple, for the tyme beyng, have < power by auctorite of þis present > parlement, to serche at Calais, all the woll and wolfells of the same countees and places; and yf they fynde eny woll or wolfell, of eny other growyng than of the said countees or places, shipped with the woll or wolfell of the growyng of the said countees or places, under colour of woll or wollfell of the growyng of the saide countees and places, that than suche woll and wolfell, shipped and so founden, be forfeit to the kyng oure soveraigne lord, and to be applied to the paiement of the soudeours of Calais for theire wages. Except alwey and forseyne, that it be lieffull to the maire and citezeins of the citee of Lincoln, and her successours for the tyme beyng, to shippe, or do shippe at youre portes of Kyngeston upon Hull, or Boston, and to carie to youre staple of Calais every yere within the saide tyme, to thaire use and prouffit, and to the use of the said citee, .lx. sakks of woll, of the growyng of eny partie or parties within youre saide roialme, other than of youre said countees of Westmerland and Cumberland, and places betwix the said waters, < withoute any > subsidie of the said .xxxiij. s. .iiij. d. of or for the said .lx. sakks of woll, to you, your heires or successours, in eny wyse be paied: and that it be lieffull to the maire and citezeins of the citee of Karlile, and thaire successours for the tyme beyng, to shippe, or do shippe every yere within the said tyme, in youre said porte of Kingeston upon Hull, .xx. sakks of woll, of the growyng of any partie or parties within youre saide roialme, other than of youre saide countees of Westmerland and Cumberland, and places betwix the said waters, withoute eny subsidie of the said .xxxiij. s. .iiij. d. of or for the said .xx. sakks of woll, to you, youre heires and successours, in eny wyse to be paied; in relief, comfort and supportation of the grete and importable charges, whiche the said mairs and citezeins severally beren yerely, in paiement of the severalx feefermes of the said citees, and other charges to the same belongyng. And that the said maire and citezeins of the said citee of Lincoln, for the said .lx. sakks of woll, every yere within the saide tyme to be shipped, and the < said maire and citezeins of þe saide > citee of Karlile, of the said subsidie for the said .xx. sakks of woll, every yere within the same tyme to be shipped, a yeinst you oure soverain lord, youre heirs and successours, be severally quite and discharged in the fourme aforesaid for evermore. And moreover, we youre said comens, for the saide defence, graunt to you oure soverain lord by auctorite < forsaid, another > subsidie, to be paied in manere and fourme that foloweth; that is to say, of every sakke of woll, and of every .ij c xl. wolfell, of every merchant alien, goyng oute of youre said roialme, within the said tyme, .liij. s. .iiij. d. to be paied and levied in manere [col. b] and fourme as they be levied and paied at this day. And if eny merchandise of woll or wolfell, of eny marchant deniszein borne youre liegman, which merchandise shall passe herafter oute of this youre said roialme, after the said fest of Saint Martin, duryng the tyme of this graunt, be taken with enmys upon the see, or perisshed by infortune, or in any shippe that shall happen to be taken or perisshed hereafter, aftir the same fest, within the same tyme of this graunte, wherof the subsidie to you due or to be due, < is or shall be > duely paied or agreed, < or suertee þerfore founden, withoute > fraude or collusion, and suche lost or lostes as is afore reherseid, be founde or proved before the tresorer of England, or the chief baron of the eschequer for the tyme beyng, by the examination of the same merchants yif þey be on lyfe, or of theire executours yif they be dede, or two treue credible persones sworne witnessing the same, or other resonable witnesse and proves sworne, wittnessyng the same merchandise so to be lost or perisshed; that than thes said merchants deniszeins, that were or shall be owners of the saide woll and wolfell so perisshed, taken or lost, yif they be on lyfe, or thaire executours yif they be dede, and every of theyme, be force and vertue of this saide auctorite, shal mowe shippe when theyme liketh duryng the saide tyme, asmeche woll and wolfell, in the same port or portes in which the same woll and wolfells were shipped, as was so perisshed or lost, withoute any subsidie of woll and wolfell, or ony other subsidie nowe graunted, to be hade or paied therfore to you or youre heirs in any wise; and that all such profe of the saide merchandise so lost or perisshed, be certified in to youre chauncery of recorde, by youre saide tresorer, or chief baron of the eschequer; and that aftir suche certificate made, the chaunceller of Englonde for the tyme beyng, do make and delivere to the said merchants or attournes of thayme, as many writtes or warrants, to be direct aswell to the custumers in the said porte or portes, as to þe tresorer and barons of youre eschequer for the tyme beyng, suche and asmany, as to the said merchants, theire executours or attournes, of theyme and of every of theyme, shal be necessarie and behovefull in that partie. Provided alway, that any manere of graunt or assignement, made by youre lettres patentes, lettres of prive seal, or otherwise, afore the first day of this youre present parlement, to eny persone or persones, for paiement of eny somme or sommes of money, or for eny annuite or yerly paiement to be hade to theyme, in any manere estat of enheritaunce, either for terme of life, for terme of yeres, or otherwise, extende not ner be available, for eny paiement or levie to be hade of this same subsidies. And that no such annuite ner sommes of money, in eny such lettres patentes, lettres of prive seal, < or in eny other > warants or assignements comprisid, in eny wise be levable of the same subsidies, in the fourme aforesaid to you graunted. Provided alway, that youre lettres patentz beryng date the .xiij. day of Februarie, the .xxvi. yere of youre reigne, made to William Nevyel the Lord Fawconberge, of .m.li. to be paied to hym yerly in the tyme of pees, and .ij. m li. to be paied to hym yerly in the tyme of werre betwene Englond and Scotland, of almanere of custumes and subsidies growyng and commyng in youre portes of Kyngeston upon Hull, Newcastel upon Tyne and Boston, for the kepyng and saufegarde of the castell of Rokesburgh, as in the same lettres patentes it is more playnly specified: and youre lettres patentz beryng date of the .xxvij. day of July, the .xxvi. yere of youre reigne, made to John Lematon of .iiij. c li. yerely, to be hade to hym for the reparations of the castell and townes of Berwik and Rokesburgh, under a certaine fourme in the same lettres patentz specified more at large; be not prejudised, voided, adnulled [p. v-146][col. a] < ner empaired by þis act, ner by non oþer act made > < in this > present parlement, that the saide lettres patentes herin certaynly or playnly be not rehersed in eny wise not withstondyng. (fn. v-141-62-1) For the honour of God we your poor commons who have come to this your present parliament by your high command on behalf of the counties, cities and boroughs of this your noble realm, by the assent of all the lords spiritual and temporal assembled in this your parliament by your royal authority, by this present indenture grant to you our sovereign lord for the defence of this your said realm, a subsidy to be paid in the form which follows. That is to say, on every sack of wool and on every 240 woolfells produced in the counties of Westmorland and Cumberland and in the area between the rivers Tees and Tweed exported from your said realm by any denizen merchant to your town of Calais from Martinmas next following [11 November 1449] for the next four years, and from the end of that same four years until 3 April then following, [p. v-145][col. a] 13 s . 4 d .; half of this to be paid at the end of six months then next following after such export, and the other half to be paid at the end of another six months then next following. And on every sack of wool and on every 240 woolfells produced in any regions other than the said counties and areas between the said rivers exported from your said realm within the said period, 33 s . 4 d ., to be paid and levied in the same manner and form as it is paid and levied at present. Provided always that the mayor and burgesses of the town of Berwick upon Tweed, and their successors, shall not be not harmed or prejudiced by this act in any way, nor by any other act made in this present parliament, of anything granted to them or any of their predecessors by any of your noble progenitors. Provided also that the mayor of the staple of Calais, and the constables of the same, or the mayor, lieutenant and constables of the same staple at the time, shall have power by the authority of this present parliament to search all the wool and woolfells of the same counties and areas at Calais; and if they find any wool or woolfells produced elsewhere than in the said counties or areas shipped with the wool or woolfells produced in the said counties or areas under pretext of wool or woolfells produced in the said counties and areas, that such wool and woolfells exported and thus found shall be forfeit to the king our sovereign lord and be used to pay the wages of the soldiers at Calais. Always excepting and saving that it shall be lawful for the mayor and citizens of the city of Lincoln, and their successors at the time, to ship or export 60 sacks of wool produced in any area or areas within your said realm other than in your said counties of Westmorland and Cumberland, and the area between the said rivers, from your ports of Kingston upon Hull or Boston, and to carry it to your staple of Calais every year within the said period for their benefit and profit, and for the benefit of the said city, without paying any subsidy of the said 33 s . 4 d . on or for the said 60 sacks of wool in any way to you, your heirs or successors: and that it shall be lawful for the mayor and citizens of the city of Carlisle, and their successors at the time, to ship or export every year within the said period 20 sacks of wool produced in any area or areas within your said realm other than in your said counties of Westmorland and Cumberland, and the area between the said rivers, from your said port of Kingston upon Hull without paying any subsidy of the said 33 s . 4 d . on or for the said 20 sacks of wool in any way to you, your heirs and successors; in relief, ease and support of the large and unbearable charges which the said mayors and citizens each bear annually in paying the various fee-farms of the said cities, and the other charges belonging to the same. And that the said mayor and citizens of the said city of Lincoln for the said 60 sacks of wool to be shipped every year within the said period, and the said mayor and citizens of the said city of Carlisle of the said subsidy for the said 20 sacks of wool to be shipped every year within the same period, shall each be quit and discharged forever in the aforesaid form towards you our sovereign lord, your heirs and successors. And moreover, we your said commons grant, by the aforesaid authority, another subsidy to you our sovereign lord for the said defence to be paid in the manner and form which follows: that is to say, on every sack of wool and on every 240 woolfells of every alien merchant exported from your said realm within the said period, 53 s . 4 d ., to be paid and levied in the manner [col. b] and form as it is levied and paid at present. And if any merchandise of wool or woolfells of any denizen merchant who was born your liegeman, which is exported from this your said realm after the said Martinmas during the period of this grant, is seized by enemies at sea, or is perished by misfortune, or is in any ship that shall happen to be seized or perished after the same feast within the same period of this grant, on which the subsidy due, or which should be due to you, is or shall be duly paid or agreed, or guarantee found, without fraud or collusion, and such loss or losses, as is mentioned above, is found or proved before the treasurer of England or the chief baron of the exchequer at the time by the examination of the same merchants if they are alive, or of their executors if they are dead, or two honest credible sworn persons who witnessed the same, or another sufficient sworn witness and testaters, witnessing the same merchandise thus to be lost or perished; that then these said denizen merchants who were or shall be owners of the said wool and woolfells so perished, seized or lost, if they are alive, or their executors if they are dead, and each of them, by force and virtue of this said authority may ship when they please during the said period as much wool and woolfells from the same port or ports in which the same wool and woolfells were shipped as were so perished or lost without paying any subsidy on wool and woolfells, or any other subsidy now granted, due thereupon to you or your heirs in any way; and that all such proof of the said merchandise so lost or perished shall be certified by your said treasurer or chief baron of the exchequer on record in your chancery; and that after such certification has been made, the chancellor of England at the time shall issue and deliver to the said merchants or their attorneys as many writs or warrants addressed to both the customs officers in the said port or ports and to the treasurer and barons of your exchequer at the time, such and as many as shall be necessary and beneficial to the said merchants, their executors or attorneys of all and each of them, in that regard. Provided always that any kind of grant or assignment made by your letters patent, letters under the privy seal, or otherwise, to any person or persons before the first day of this your present parliament for payment of any sum or sums of money, or for any annuity or annual payment to be received by them in any manner of inheritance, either for a term of life, for a term of years, or otherwise, shall not be valid nor be tenable for any payment or levy to be made for this same subsidy. And that no such annuity nor sums of money contained in any such letters patent, letters under the privy seal, or any other warrants or assignments, shall be liable in any way for the same subsidies granted to you in the aforesaid form. Provided always that your letters patent bearing date 13 February, in the twenty-sixth year of your reign [1448], made to William Neville, Lord Fauconberg, for £1,000 to be paid to him annually in a time of peace, and £2,000 to be paid to him annually in a time of war between England and Scotland, from all kinds of customs and subsidies occuring and arising in your ports of Kingston upon Hull, Newcastle upon Tyne and Boston, for the keeping and safeguard of Roxburgh castle, as is more fully specified in the same letters patent: and your letters patent bearing the date 27 July, in the twenty-sixth year of your reign [1448], made to John Lematon for £400 to be paid to him annually for the repairs of the castle and towns of Berwick and Roxburgh, under a certain form more fully specified in the same letters patent; shall not be prejudiced, made void, annulled [p. v-146][col. a] nor impaired by this act, nor by any other act made in this present parliament, notwithstanding the said letters patent certainly or plainly mentioned herein in any way. (fn. v-141-62-1)
16. Item, quedam alia peticio similiter exhibita fuit prefato domino regi tunc ibidem, et in eadem indentura inserta: cujus eciam tenor inferius patet: 16. Item, another petition was then similarly presented to the aforesaid lord king there, and inserted in the same indenture, the tenor of which follows below:
[memb. 4]
< Soulldyars wages. > Soldiers' wages.
And plese it youre highnes, for the saufgarde of youre toune and castell of Calais and of the marches ther, and for redy paiement to be hade for wages and vitaile, to the soudeours and officers of the same toune, castell and marches, and for youre reparations and werkes there necessarie, to ordeyne and establissh by thassent and auctorite abovesaide, < that of þe > saide subsidies, .xx. s. of every sakke of woll, and .xx. s. of every .ccxl. wolfell goyng oute of this youre roialme, except the woll and wolfell of the growyng of the countees of Westmerland, Cumberland, and places betwene the waters abovesaid, be emploied and applied < to the paiement > of the said wages, vitaile and werkes, in < the > fourme that foloweth. That is to say, .x. s. therof to be applied for the paiement of the saide wages, and .v. s. therof for the paiement of the said vitaile, fro the saide fest of Saint Martin, duryng the tyme of this graunt; and what þat remayneth of the same .xv. s., over the paiement of the said wages and vitalyng duryng the same tyme, to be applied to the paiement of the olde wages for the saide soudeours, and .v. s. residue therof, to be applied for the said reparations and werkes; and also that .vi. s. .viij. d. of the subsidie of every sakke of woll, et .vi. s. .viij. d. of the subsidie of every .ij c xl. wolfell, of the growyng of the said shires of Westmerland, Cumberland, and places betwene the saide waters, be applied for the paiement of the saide wages; and that the collectours of the saide subsidie, in every port of this youre roialme where any such woll or wolfell shal be shipped, shal delivere fro tyme to tyme, to the tresorer of Cal' for the tyme beyng, obligations made for suerte of the saide subsidie, aswell for the first dayes of paiement therof, as of the seconde dayes of paiement of the same, aswell for such sommes, whiche aftir the fourme and effect of this act shulde be applied for paiement of þat wages of the saide soudeours and officiers, as for such sommes, which aftir the fourme of the same act shulde be applied for the said reparations and werkes, by endentures betwene the same collectours and tresorer to be made; and < to > the vitailer of Cal' for the tyme beyng, obligations made for seurtee of the saide subsidie, for the sommes of money which by the fourme of this act shuld be applied for paiement of the saide vitaile, by indentures to be made betwene the said collectours and the said vitailer, and the saide tresorer and vitailer, of suche receites severally to accompte in youre eschequer; and that the same collectours, upon their accomptes to be made in your eschequer of the said subsidies, by reson of their said officez, upon the shewyng of the said endentures, severally shal have playne allowance and discharge, of all sommes of money comprehendid and rehersed in the obligations specified in the same indentures; and that the same collectours, thaire heirs and executours, of the same sommes of money, agaynes you and your heirs, be made quite and discharged for evermore. And if the said collectours or eny of theym, delivere not to the saide tresorer and vitailer of Cal', obligations taken by theme for seurte of the saide subsidie, contenyng suche sommes of money, whiche by < the > fourme of this ordenaunce owe to be applied for paiement of the seid wages, vitaile and reparations, then the said tresourer and vitailer, shal have severalx accions of dette, ayeinst suche of the saide collectours and every of theyme, as make no suche deliverance [col. b] of obligations, to axe and receyve ayeinst theyme all suche sommes of money, wherof obligations ought to have ben delivered to the said tresorer and vitailer, aftir the fourme of this act; and that the defendantz in all suche accions grounded upon this act, shal not be receyved to wage thaire lawes, ne no proteccion, ne eyd prier of you for theyme or eny of theyme be allowed; and that all suche sommes that so shal be recovered, be applied to the paiement of the said wages, vitaile and werks; and they that shal so recovere suche sommes of money, be accomptable to you therof in youre eschequer; and if the seid tresorer and vitaler, or ether of theyme, be remysse or negligent, and wil not take their accions in this cas, within thre monethes aftir suche action grouen to theyme, or elles aftir thair sute taken, wil not effectuely sue such accions of dette given to theyme by this ordenaunce, then the capitein of Calais for the tyme beyng, shal have an action or accions of dette, a yenst suche of the said tresorer and vitaler, as shal be so remisse or negligent, or do not sue effectuelly, to axe and recovere a yeinst hym suche sommes of money, as he by the fourme of this act ought to have taken action of, ayeinst the said collectours or eny of theyme; and that neither the said tresorer and vitaler, ne neither of theyme, shal be receyved to wage thaire lawe in the saide accions, ne no proteccion ne eyde prier of you for theyme or either of theyme be allowed; and all þat shal be so recovered by any such action, shal be applied to the paiement of the saide wages and vitaile. And if eny persone or persones, deniszins or straungiers, except afore except, accept or take eny licence of you, for to shippe eny woll or wolfell to youre staple of Calais, or elleswhere oute of this youre roialme, withoute paiement of eny subsidie or parcell therof; or elles if eny suche persone or persones, aftir that they have shipped eny such woll or wolfell, and made to you seurte for the paiement of the subsidie < therof, accept or take eny pardon of you > , of the said subsidie or parcell therof, or of the sommes of money wherin they be or shalbe bounden to you, for seurte of the same subsidie, or for eny parcell of the same sommes, and the saide licence or pardon put in execucion, that then the same persone and persones, forfeite to the capitain of Calais for the tyme beyng, the half doole of the woll and wolfell so shipped; and that the said capitain, may sease and take in to his handis, the same woll and wolfell so forfeit, to be applied to the paiement of the saide wages, vitaile and reparations, to be departed in the fourme aforeseid; and that the same capitain, may have an action or accions upon this statut, to aske and recovere ayeinst the said persoune or persones, that so accepteth and putteth in execucion eny suche licence or pardon, to recovere the saide woll or wolfell so forfeted, wherefore he shuld have paied subsidie, or the value therof, if the same capitain have not sesyd the same woll and wolfell as forfeited; and that all the woll and wolfell so sesyd or recovered, and the sommes of money so recovered by the said capitain, be delivered by hym to the tresorer and vitaler of Calais for the tyme beyng, by indentures betwene theyme therof severally to be made, to be applied for paiement of the said wages, vitail and werk, to be departed aftir the rate and fourme abovesaid, and the said capitain therof to accompte in youre eschequer, and to be discharged theruppon by suche indentures; and also the same tresorer and vitalere, to be accomptable therof to you in your eschequer. Forseyne alwey, that this act extende not, ner be prejudicial unto the licence graunted by youre highnes, by youre lettres patentes beryng date the .xxiiij. day of July, the .x.xv.i. yere of youre full noble reigne, unto our soveraigne lady the quene, for to shippe and carie by hir deputees, assignes or creditours, woll, wollfell and tynne, aftir the fourme and effect of the same lettres [p. v-147][col. a] patentz to hir made; neither to eny thyng graunted by eny of youre noble progenitours, to the maire and burgeis of the toune of Berwik uppon Twede, or to any of thaire predecessours; neither to no licence, provision, act, or excepcion in this act specified, for the maire and citezins of the citee of Lincoln, ner the maire and citezins of Karlile. And may it please your highness, for the safe-keeping of your town and castle of Calais and of the marches there, and for ready payment to be made for wages and victuals to the soldiers and officers of the same town, castle and marches, and for your repairs and necessary works there, to ordain and establish by the abovesaid assent and authority that of the said subsidies, 20 s . on every sack of wool, and 20 s . on every 240 woolfells exported from this your realm, except the wool and woolfells produced in the counties of Westmorland, Cumberland and the area between the abovesaid rivers, shall be used and applied for the payment of the said wages, victuals and works, in the form which follows. That is to say, 10 s . of it to be applied for the payment of the said wages and 5 s . of it for the payment of the said victuals from the said Martinmas during the period of this grant; and what remains during the same period of this 15 s . after the payment of the said wages and victuals shall be applied to the payment of the wages in arrears for the said soldiers, and the remaining 5 s . be applied to the said repairs and works; and also that 6 s . 8 d . of the subsidy on every sack of wool et 6 s . 8 d . of the subsidy on every 240 woolfells produced in the said counties of Westmorland, Cumberland, and the area between the said rivers, shall be applied for the payment of the said wages; and that the collectors of the said subsidy in every port of this your realm where any such wool or woolfells be shipped shall deliver from time to time to the treasurer of Calais at the time obligations made for guarantee of the said subsidy, for both the first instalment of it, and for the second instalment of the same, both for such sums which, according to the form and effect of this act, should be applied for payment of those wages of the said soldiers and officers, and for such sums which, according to the form of the same act, should be applied for the said repairs and works, by indentures to be made between the same collectors and treasurer; and to the victualler of Calais at the time, obligations made for the guarantee of the said subsidy for the sums of money which, by the form of this act, should be applied for payment of the said victuals, by indentures to be made between the said collectors and the said victualler, and the said treasurer and victualler, of such receipts each to account in your exchequer; and that the same collectors, upon their accounts to be made in your exchequer of the said subsidies, by reason of their said offices, upon the shewing of the said indentures, shall each have full allowance and discharge of all the sums of money included and mentioned in the obligations specified in the same indentures; and that the same collectors, their heirs and executors, shall forever be quit and discharged of the same sums of money towards you and your heirs. And if the said collectors or any of them do not deliver to the said treasurer and victualer of Calais the obligations made by them for the guarantee of the said subsidy containing such sums of money which, by the form of this ordinance, ought to be applied for payment of the said wages, victuals and repairs, then the said treasurer and victualler shall have several actions of debt against those of the said collectors, and each of them, who do not make such delivery [col. b] of obligations, to request and receive from them all such sums of money for which obligations ought to have been delivered to the said treasurer and victualler, according to the form of this act; and that the defendants in all such actions based upon this act shall not be allowed to wage their law, nor be allowed any protection, nor to pray to you for them or any of them; and that all such sums that shall be so recovered shall be applied to the payment of the said wages, victuals and works; and they who shall so recover such sums of money shall be accountable to you for them in your exchequer; and if the said treasurer and victualler, or either of them, is remiss or negligent, and will not take up their actions in this regard within three months after such action should fall to them, or else after their suit is begun will not effectively sue such actions of debt given to them by this ordinance, then the captain of Calais at the time shall have an action or actions of debt against either the said treasurer and victaller who shall be so remiss or negligent, or does not sue effectively, to request and recover against him such sums of money for which he, by the form of this act, ought to have taken action against the said collectors or any of them; and that neither the said treasurer and victualler, nor either of them, shall be allowed to wage their law in the said actions, nor be allowed any protection, nor to pray to you for them or either of them; and all that which shall be so recovered by any such action shall be applied to the payment of the said wages and victuals. And if any person or persons, denizens or foreigners, except for those previously excepted, accept or take any licence from you to ship any wool or woolfells to your staple of Calais, or elsewhere outside this your realm, without paying any subsidy or part of it; or else if any such person or persons, after they have shipped any such wool or woolfells, and made guarantee to you for the payment of the subsidy thereupon, accepts or takes any pardon from you for the said subsidy or part of it, or for the sums of money for which they are or shall be bound to you, for guarantee of the same subsidy, or for any part of the same sums, and the said licence or pardon is enforced, then the same person and persons shall forfeit to the captain of Calais at the time half the wool and woolfells so shipped; and that the said captain may seize and take into his possession the same wool and woolfells thus forfeit, to be applied for the payment of the said wages, victuals and repairs, to be divided in the aforesaid form; and that the same captain may have an action or actions based on this statute to request and recover against the said person or persons who so accepts and enforces any such licence or pardon, to recover the said wool or woolfells thus forfeited, on which he should have paid the subsidy, or the value of it, if the same captain has not seized the same wool and woolfell as forfeited; and that all the wool and woolfells thus seized or recovered, and the sums of money thus recovered by the said captain, shall be delivered by him to the treasurer and victualler of Calais at the time by indentures to be made between each of them thereupon, to be applied for the payment of the said wages, victuals and works, to be divided according to the abovesaid rate and form, and the said captain shall account for this in your exchequer, and be discharged thereupon by such indentures; and also the same treasurer and victualler shall be accountable for this to you in your exchequer. Saving always that this act shall not extend to nor be prejudicial to the licence granted by your highness by your letters patent bearing date 24 July, in the twenty-sixth year of your most noble reign [1448], to our sovereign lady the queen, to ship and carry by her deputies, assigns or creditors, wool, woolfells and tin according to the form and effect of the same letters [p. v-147][col. a] patent made to her; neither to anything granted by any of your noble progenitors to the mayor and burgesses of the town of Berwick upon Tweed, nor to any of their predecessors; neither to any licence, provision, act, or exception specified in this act for the mayor and citizens of the city of Lincoln, nor the mayor and citizens of Carlisle.
[editorial note: Responsio.] [editorial note: Answer.]
As to this peticion, for the saufgarde of the seide toune of Calais, the kyng, by the advys and assent of the lordes spirituelx and temporelx in this seide parlement assembled, and by auctorite of the same, will and ordeigneth, that it be in manere and fourme folowyng: As to this petition for the safe-keeping of the said town of Calais, the king, by the advice and assent of the lords spiritual and temporal assembled in this said parliament, and by the authority of the same, wills and ordains that it be in following manner and form:
Pro Cales'. For Calais.
For the saufgarde of the toune and castell of Calais, and of the marches there, and for redy paiement to be hadde, for wages and vitaill of the soudeours and officers of the same toune, castell and marches, and for the reparations and werkes there necessarie; the kyng woll, graunteth and ordeyneth, by advis and assent of the lordes spirituell and temporell, beyng in this present parlement, and by auctorite of < þe same parlement, þat .xx. s. of þe subsidies of every sakke of woll, and .xx. s. of every .ccxl. wolfell, goyng oute < of > þis roialme, graunted in þis present parlement, > by auctorite of the same parlement, fro the fest of Seint Martyn in wynter, the yere of Oure Lord .mccccxlix., by .iiij. yere then next folowyng; and fro the ende of the same .iiij. yere, unto the thridde day of April then next folowyng; except the wolles and wolfell of the growyng of the countees of Westmerl' and Cumberland, and of the places betwene the waters of Teys and Twede, be emploied and applied to the paiement of the seide wages, vitaile and werks, in the fourme þat folowith. That is to say, of every xx s. so to be paied, .xiij.s. .iiij. d. therof to be applied for paiement of the seide wages and vitaill, aswell for tyme passed, as for the tyme þat is to come, of the which .xiij. s. .iiij. d. the vitailler of Calais to have the thridde peny < þerof, for the vitallyng > of the foreseid toune, castell and marches; and .vi. s. .viij. d., residue of every such .xx. s., to be applied for the paiement of the seide reparations and werkes; and what that remayneth of the same .vi. s. .viij. d., < for the seid reparations and werkes, over þe yerely paiement of þe seid reparations and werkes, fro the seid fest of Seint Martyn, durying þe tyme of the said graunte, shall yerely be applied to þe paiement of the seide wages for the seide soudiours; and also .vi. s. .viij. d of the subsidie of every sakk of woll, and .vi. s. .viij. d. of the > subsidie of every .ccxl. wolfell, of the growyng of the seide shires of Westmerl' and Cumberberland, and places betwene the seide waters, fro the seide fest of Seint Martyn, duryng the tyme of the seide graunte, be applied for the paiement of the seide wages for the seide soudeours; the seide .xiij. s. .iiij. d., for the seide wages and vitaile, and the seide .vi. s. .viij. d., for the seid reparations and werkes, forthwith the seide .vi. s. .viij. d., of the seide subsidies of wolles and wolfell, of the seide shires of Westmerl' and Cumberland, and places betwene the seid waters, as it is aboveseid, to be had, paied and resceyved, by the tresorer and vitailler of Calais for the tyme beyng, as it hath ben before this time used and accustumed. < And that the > tresorer of Englond for the tyme beyng, shall make deliverance unto the seid tresorer of Calais and vitailler for the tyme beyng, of such suertees as shall be made for the paiement of the seid .xx. s., and also of þe seid .vi. s. .viij. d., to be emploied after the fourme and effect as in this seide act it is comprised. For the safe-keeping of the town and castle of Calais and of the marches there, and for ready payment to be made for the wages and victuals of the soldiers and officers of the same town, castle and marches, and for the repairs and necessary works there; the king wills, grants and ordains, by the advice and assent of the lords spiritual and temporal assembled in this present parliament, and by the authority of the same parliament, that 20 s . from the subsidies on every sack of wool and 20 s . on every 240 woolfells exported from this realm, granted in this present parliament by the authority of the same parliament from Martinmas [11 November] 1449, for a period of four years then next following, and from the end of the same four years until 3 April then next following, except for the wool and woolfells produced in the counties of Westmorland and Cumberland, and in the area between the rivers Tees and Tweed, shall be used and applied for the payment of the said wages, victuals and works, in the form which follows. That is to say, from every 20 s . thus to be paid, 13 s . 4 d . of it shall be applied for the payment of the said wages and victuals for both the past and the future, of which 13 s . 4 d . the victualler of Calais shall have the third penny thereof for the victualling of the aforesaid town, castle and marches; and the remaining 6 s . 8 d . of every such 20 s . shall be applied for the payment of the said repairs and works; and anything which remains of the same 6 s . 8 d . for the said repairs and works, in addition to the annual payment for the said repairs and works, from the said Martinmas during the period of the said grant, shall be applied annually to the payment of the said wages for the said soldiers; and also 6 s . 8 d from the subsidy on every sack of wool and 6 s . 8 d . from the subsidy on every 240 woolfells produced in the said counties of Westmorland and Cumberland, and the area between the said rivers, from the said Martinmas, during the period of the said grant, be applied for the payment of the said wages for the said soldiers; the said 13 s . 4 d . for the said wages and victuals and the said 6 s . 8 d . for the said repairs and works, along with the said 6 s . 8 d . from the said subsidies on wool and woolfells from the said counties of Westmorland and Cumberland and the area between the said rivers, as is abovesaid, to be had, paid and received by the treasurer and victualler of Calais at the time, as it was accustomed in the past. And that the treasurer of England at the time shall deliver to the said treasurer of Calais and victualler at the time such guarantees as shall be made for the payment of the said 20 s ., and also of the said 6 s . 8 d ., to be used according to the form and effect as is contained in this said act.
[memb. 5]
Credencia declarata ex parte ducis Somers' locumtenentis Francie, etc. Credence declared on behalf of the duke of Somerset, lieutenant of France, etc.
17. Credence by my lord of Somerset, lieutenaunt of Fraunce and Normandie, committed to the lord [col. b] Hastyng chaunceller of Fraunce, and the abbot of Gloucestr', opened by the mouth of the seid abbot in the parlement, by the kyngs commaundement, bothe to the lordes and the commynes: 17. Credence by my lord of Somerset, lieutenant of France and Normandy, committed to Lord [col. b] Hastings, chancellor of France, and the abbot of Gloucester, and spoken by the said abbot in parliament, at the king's command, to both the lords and the commons:
Hit is not unknowen to youre grete discrecions, howe hit liked oure sovereign lord, not lange a go to committe the governaunce of the contrees now beyng under his obeisaunce, in his reme of Fraunce and duchie of Normandie, to the highe and myghty prynce my lord of Somerset; the whiche prynce in his notable wysdom, seeyng experyence the grete contynuall and daily damages, that ther ben don by the adversaries, seeyng also verry lyklynesse with in short tyme of intollerable hurt there, of laste than covenable and spedful remedye be prudently purveied here, sente hyder my Lord Hastyng chaunceller of Fraunce, and me in his companye, with lettres of credence to oure sovereign lord, to lete his highnesse have knowlych of the doutfull and dangerous disposicion of that contree: the whiche credence, as his highnesse hath commaunded, as compendiously as y can, y shall open to your wysdomes. It is not unknown to your great discretions how it pleased our sovereign lord not long ago to commit the governance of the areas which are now under his obedience in his realm of France and duchy of Normandy to the high and mighty prince my lord of Somerset; which prince in his notable wisdom, seeing and experiencing the great damage which is being done there by the enemy each and every day, seeing also how it was very likely that within a short time there would be unbearable hurt in that area unless a suitable and speedy remedy be prudently provided, sent over here my lord Hastings, chancellor of France, and me also, with letters of credence to our sovereign lord, to let his highness know the doubtful and dangerous situation in that country: which credence, as his highness has commanded, I shall disclose to your wisdoms as comprehensively as I can.
Our credence conteyneth principally .iij. thynges. The first ys, to shewe the grete puissance and long advysed ordenaunce, furnysshed with all manere abillements of werre of thadverse part, the which daily fortifie and repaire, stuffe all theire garisons in the fronters of the kyngs obeisance, goyng and rydyng with in the seid obeissance armed in grete nombre, a yeinst the tenour of the trewes, doyng murdres innummerablez, takyng the kyngs subgettez prisoners, as it were pleyne werre, with other grete and lamentable injuries, as open robberyes, oppressions and pilleries withoute nombre; of the of the [sic] which offenses, they hadde be dyvers tymes somond and required by my said lord of Somerset to make cesse, and repaire them after the tenour of the trewes, but nother remedie ne resonable answere may in eny wyse as yit hadde; wherfore hit may be presupposed, by theire froward dedes and contrarious disposicion, that theire intencion is not to procede effectuelly to eny good conclusion of pees. Our credence contains principally three things. The first is to show the great and well equipped army of the enemy, provided with all manner of military gear. The enemy daily fortify, repair, and reinforce all their garrisons on the frontiers of the king's obedience, moving about and riding within the said obedience, armed in large numbers, contrary to the tenor of the truces, committing innumerable murders and taking the king's subjects prisoners, just as if it was full war, along with other great and lamentable injuries, such as countless public robberies, oppressions and plunders; for which offences they have been summoned many times and required by my said lord of Somerset to cease from carrying out, and to make remedy according to the tenor of the truces, but neither remedy nor reasonable answer has yet been made in any way; wherefore it may be supposed, by their perverse deeds and contrary disposition, that their intention is not to proceed effectively to any good conclusion of peace.
Also the kyngs oncle hath commaunded and made crye thorogh all his obeissance, that all nobles prepare them to be redy horsed, armed, and in all wyse abilled as longeth to men of armes, within .xv. daies warnyng, uppon peyne of forfeiture of all theire liflode; the nombre of which men is grete and inestimable. Also the king's uncle has commanded and made known throughout all his obedience that all nobles should prepare themselves to be ready, mounted, armed, and in all ways prepared as is fitting for men of arms, within fifteen days warning, upon pain of forfeiture of all their livelihood; the number of which men is great and inestimable.
Also semblably, the kyngs oncle hath commaunded to be cried in every parisshe of his obeissance, under the same payne of forfaiture, that every .xxx. ti men furnysshe a man horsed, and armed in bryganders, and legharnesse, with a longe bowe, or a crosse bowe, and charged expressly that they do non other labour, but excercise them to theire seid bowes and harneys; the nombre of whiche men so abiled and arayed, as it is seid by credible persons, that of reson shold therof have verry knowlych, excedith .lx. .m. men. This is the first part of oure credence. Also similarly the king's uncle has commanded that it to be proclaimed in every parish of his obedience, under the same penalty of forfeiture, that every 30 men shall provide a man with a horse and armed with a brigandine, and a leg harness, longbow or crossbow, and has expressly ordered that they do nothing other than exercise with their said bows and armour; the number of such men so armed and arrayed, as is said by credible persons who have reason to know this, exceeds 60,000 men. This is the first part of our credence.
The secunde parte ys, to shewe that if the werre shuld falle, as God defende, the contrey of Normandie is in no wyse of hit self sufficeant, to make resistence a yeinst the grete puyssance of the adversaries, for many grete considerations. First, for ther is no place in the kyngs obeissaunce there purveied nother in reparations, ordenaunce, ne in eny maner artillerie, but well nygh all places ben in such ruyne, that though they were stuffed with men and ordenaunce, the be so ruynous, that they be unable to be diffended and kept; the which reparations and ordenaunce to be purveied sufficiantly, wold drawe to inestimable costes. The second part is to show that if war should occur, which God forbid, the country of Normandy is in no way sufficient in itself to offer resistance against the great might of the enemies, for many great reasons. First, there is no place in the king's obedience there which is provided for either in terms of repairs, equipment (?ordnance), or any kind of artillery. Almost all places have fallen into such ruin that, even where they are full of men and materials, they are in so ruinous a condition that they cannot be defended and held. To make adequate provision for such repairs and equipment (?ordnance) would incur inestimable expense.
Also atte the last graunt of the eyde in Normandie, hit was openly purposed by .iij. astates there, that the generall povert of contree was so grete, that it was impossible for hem to bere eny more here after suche [p. v-148][col. a] charges, as they have bore herebyfore; wherfore they desired to have nombre of men of werre made lesse, or elles to shewe [...] to the kyngs highnesse, that ther myght be hadde good of Englond to bere the said charges: for of necessite they saide, they most be spared for certeyn yeres of suche paiementz, or ell they moste be nedly constrayned to goo ther way, and forsake the contree, and suffre the lande to be abandoined to the adversaries, the whiche God ever deffend. This is the secunde part of credence. Also at the last grant of the aide in Normandy, it was openly stated by the three estates there that the general poverty of the country was so great that it was impossible for them to bear any more such charges in future [p. v-148][col. a] as they have born in the past; wherefore they desired to have the number of soldiers reduced, or else to demonstrate to the king's highness that money be had from England to cover the said charges. They said that, for necessity, they must be spared such payments for a certain number of years or else they would be by necessity forced to go their way and forsake the country, and allow the land to be abandoned to the enemy, which God forever forbid. This is the second part of the credence.
The thrid part is, to remembre that the finall terme of the last trewe approchith fast, for as youre wysdomes have well in mynde, his shall laste nowe not .xiiij. monethes, and therfore it is thought right high tyme, to bygynne your purveance for the safgard of that noble land. Wherfore my lord of Somerset moost humblye besekith the kyngs highnesse, tenderly prayeth all my lordes his conseilliers, and hertly willyth all youre wysdomes, to have that noble land in youre good and speciall remembraunce, callyng to youre mynde the grete, inestimable, and well nygh infinite cost and effusion bothe of good and blood, that this land hath borne and suffered for that land sake; wherof the shamefull losse, the whiche God ever defende, shuld not oonly be to the irreparable hurt of the comyn profite, but also a everlastyng spite, and perpetuell denigration in the fame and < renoune of this noble reme. In eschuyng > wherof, and also lest his silence in this behalve mygh in eny wyse be leyed hereafter, my said lord of Somerset, for his trewe aquytaill, yave us < in > commaundement, to open his credence on his behalf to the kyngs highnesse, or to suche as it pleasyd his grace to commaunde to here us. Wherfore, seth by his commaundement ye have benyngly herd us, as we have in the name of my said lord of Somerset, in the most humble wyse besought the kyngs highnesse, and lowly prayed all my lordes in this parlement assembled, in lyke wyse tenderly we desire all youre wysdomes, that now represent all the comyns of this land, that it like to wey well all the considerations of this credence in your grete discrecions, and to helpe to purveye such eide, remedie and brief expedicion, as the merites of the mater requiryd. The third part is to remember that the final term of the last truce fast approaches, for, as your wisdoms can well recall, it will last for only fourteen months more, and therefore it is thought that it is now the right and necessary time to begin your provision for the safeguard of that noble land. Wherefore my lord of Somerset most humbly beseeches the king's highness, tenderly prays all my lords his councillors and heartily wills all your wisdoms to have that noble land in your good and special remembrance, calling to mind the great, inestimable, and well nigh infinite cost and expenditure both of goods and blood that this land has borne and suffered for the sake of that land; the shameful loss of it, which God forever forbid, would not only be to the irrepairable damage of the common benefit, but also an everlasting slur, and permanent denigration of the fame and renown of this noble realm. In order to avoid this, and also lest his silence in this regard might in any way be laid against him in future, my said lord of Somerset, for his true acquital, commanded us to open his credence on his behalf to the king's highness, or to those whom it pleased his grace to command to hear us. Wherefore, since by his command you have graciously heard us, as we have in the name of my said lord of Somerset beseeched in in all humility the king's highness, and humbly prayed all my lords assembled in this parliament, likewise we tenderly desire all your wisdoms who now represent all the commons of this land that it might please you to weight up all the considerations of this credence by your great discretions, and to help to provide such aid, remedy and early action as the merits of the case require.
Pro comite Arundell, de sessione sua in parliamento. On behalf of the earl of Arundel, concerning his seat in parliament.
18. Memorandum that in the parlement holden at Westm', the yere of the reigne of our soverain lord Kyng Harry the .vi. th after the conquest .xxiij. th , there was a contraversie moeved, bitwene William erle of Arundell on the oon partie, and Thomas erle of Devenshire on the other partie, in the presence of oure seide soverain lord, for the setes, places and preemynencez of the same erles, to be hadde in the kynges high presence, aswell in his high court of parlement, as in his counsells, and elles where, as by diverse writynges made, shewed and declared betwene the seid parties in the same parlement, more pleynly it may appere; which maters and declarations, with all theire incidentes, the kyng of his highnes, by thadvice of his lordes spirituell and temporell then beyng in the same parlement, committed to certeyn lordes of the same parlement, for to examyn and decide. And for asmoche as the same lordes, hadde [col. b] not deliberation of tyme to here, exumyn an I decide the seide maters, titulls and declarations, by twene the seide erles; hit hath liked the kyng our soverain lord of his highnesse, by thavyce of his lordes spirituell and temporell, in this present parlement holden at Westm' the .xij. th day of Feverer, the yere of his reigne .xxvij. th ; that the juges of the lawe of the lande beyng in the same parlement, shuld here, see and examyn the seid maters, titulls and declarations, and as they conceyve therinne, they to report to the kynges highnesse, and to the lordes in the same parlement: which juges heryng and seyng these premysses, and all the writynges put to the kynges highnesse by the seide erles therof, with an acte exemplified, made in the parlement holden at Westm' the .xi. th yere of the reigne of our seid soverain lord, for John late erle of Arundell, they sayen and declareyn after theire conceites, that it is mater of parlement longyng to the kynges highnesse, and to his lordes spirituell and temporell in parlement, by theym to be decided and determyned: howe be it that the seide acte, made mencion but oonly that the seide John late erle of Arundell, brother of the seid William, whos heire he is, shuld have his sete, place and preemynence in the kynges presence, aswell in his parlements and councels, as elles where, as erle of Arundell, as in the same acte more openly hit apperith; in which acte beth not expressed in writyng, the heirs of the same late erle, not withstondyng that he was seisid and enherited in the castell, honour and lordshipp of Arundell, wherto the seid name, estate and dignite of erle of Arundell, is, and of tyme that no mynde is, hath been unyed and annexed, and by that reason he beere and had that name, and not by wey of creation, as the same juges understond by the same acte; and that it belongeth to be discussid and determyned by the kyng and his lordes, and not in other wise. Wheruppon the kyng oure soverain lord, by thavyce and assent of the lordes spirituell and temporell, beyng in this same present parlement, consideryng the title and right of the seid erle of Arundell, in the premysses opened, shewed and declared, by grete deliberation of tyme, aswell in writyng as other wyse, betwene the seid erles, in diverse parliamentis, declared, determined and decreed, þat William nowe erle of Arundell, have, kepe and enjoye his sete, place and preemynence, in the high court of parlement, and in the kynges counsells, and elleswhere in the kynges high presence, as erle of Arundell, by reason of the castell, lordshipp and honour of Arundell, as worshipfully as ever did eny of his auncetours erles of Arundell afore this tyme, for hym and for his heirs for evermore, above the seid erle of Devonshire and his heirs, withoute lettyng, chalenge or interrupcion of the seid erle of Devonshire, or of his heirs, or eny other persone; ony title shewed, declared or pretended by the seid erle of Devonshire in the premysses not withstondyng. Savyng alwey to the same erle of Devonshire, his lawfull suete to the kyng oure soverain lord, and to his heirs and successours, in his high court of parlement, for his right touchyng his sete, place and preemynence afore rehersed, a yenst the seid erle of Arundell and his heirs, as right, lawe and reason requireth. 18. Be it remembered that in the parliament held at Westminster in the twenty-third year of the reign of our sovereign lord King Henry the sixth since the conquest [1445], there was a dispute arose between William, earl of Arundel, on the one part and Thomas, earl of Devon, on the other part, in the presence of our said sovereign lord, for the seats, places and pre-eminence of the same earls to be taken in the king's high presence in both his high court of parliament and in his councils, and elsewhere, as more fully appears by diverse writings made, produced and declared between the said parties in the same parliament; which matters and declarations, with all their appurtenances, the king of his highness, by the advice of his lords spiritual and temporal then present in the same parliament, committed to certain lords of the same parliament to examine and decide. And seeing that the same lords had [col. b] not the time to hear, examine and determine the said matters, titles and declarations between the said earls; it has pleased the king our sovereign lord of his highness, by the advice of his lords spiritual and temporal in this present parliament held at Westminster on 12 February in the twenty-seventh year of his reign that the judges of the law of the land who are in the same parliament should hear, see and examine the said matters, titles and declarations, and report their opinions thereupon to the king's highness and to the lords in the same parliament: which judges having heard and seen the foregoing, and with all the written evidence thereupon having been submitted to the king's highness by the said earls, with an act as an example made in the parliament held at Westminster in the eleventh year of the reign of our said sovereign lord for John, late earl of Arundel [1433], they say and declare, according to their opinion, that it is a matter of parliament belonging to the king's highness and to his lords spiritual and temporal in parliament, to be decided and determined by them: nevertheless, the said act stated only that the said John, late earl of Arundel, brother of the said William, whose heir he is, should have his seat, place and pre-eminence in the king's presence as earl of Arundel in both his parliaments and councils and elsewhere, as more fully appears in the same act; in which act the heirs of the same late earl are not expressed in writing, notwithstanding that he was seised and had inheritance of the castle, honour and lordship of Arundel to which the said name, estate and dignity of earl of Arundel is, and from time immemorial has been, united and annexed, and by that reason he bore and had that name, and not by means of creation, as the same judges understand by the same act; and that it pertains to be discussed and determined by the king and his lords, and not otherwise. Whereupon the king our sovereign lord, by the advice and assent of the lords spiritual and temporal assembled in this same present parliament, considering the title and right of the said earl of Arundel put forth in the foregoing, showed and declared, after long deliberation, both in writing and otherwise, between the said earls, in several parliaments, declared, determined and decreed that William, the present earl of Arundel, should have, keep and enjoy his seat, place and pre-eminence in the high court of parliament and in the king's councils and elsewhere in the king's high presence as earl of Arundel, by reason of the castle, lordship and honour of Arundel, as honourably as any of his ancestors earls of Arundel ever did in the past, for him and for his heirs forevermore, above the said earl of Devon and his heirs, without the hindrance, challenge or interruption of the said earl of Devon, or of his heirs, or any other person; notwithstanding any title produced, declared or claimed by the said earl of Devon in the foregoing. Saving always to the same earl of Devon his lawful suit to the king our sovereign lord and to his heirs and successors in his high court of parliament for his right concerning his seat, place and pre-eminence mentioned above against the said earl of Arundel and his heirs, as right, law and reason requires.
[p. v-149]
[memb. 6]
ITEM, DIVERSE COMMUNES PETICIONES EXHIBITE FUERUNT IN PRESENTI PARLIAMENTO PER COMMUNITATES IN EODEM EXISTENTES, QUARUM TENORES, CUM SUIS RESPONSIONIBUS HIC INFERIUS INSERUNTUR. ITEM, VARIOUS COMMON PETITIONS WERE PRESENTED IN THE PRESENT PARLIAMENT BY THE COMMONS ASSEMBLED IN THE SAME, THE TENORS OF WHICH, WITH THEIR ANSWERS, FOLLOW BELOW.
[col. a]
I. [Staple at Calais.] I. [Staple at Calais.]
19. < Staple of Caleys. > Prayen the comens in this present parlement assembled: that it plese the kyng oure soverain lord to considre, howe his noble progenitour King Edward the thridde, by grete deliberation ordeined his hole staple of wolls, wolfell and other merchandise, to be at Calais, for the wele of this his reaume, and saufgarde of the seide towne; and by < the > grete libertees and fraunchises given to the marchants thider repairyng, many yeres aftir there come grete revenus to hym and his successours, as is of recorde in the kyngs eschequer; that is to witte, in sum yere of his reigne .lxviij. .m.li. and more, and so continued many yeres, at whiche tyme grete riches come in to this reaume of Englond, by meane of the marchants of the seide staple, beyng at that tyme many in nombre, and of grete riches, good justice and lawe betwix partie and partie had, and by theyme wele executed, [...] the said towne of Calais and the marches wele reparelled, and the soudeours paied of thaire wages. How be it now, that by diverse and many licences given by lettres patentes, and by mysusyng of the saide licence, bying of wolls and wolfell in other place than thaire licence conteyneth, shippyng more nombre and weight, and coloring, by newe feyned names, as morlings and shorlings, and somme persounes þat shuld by thaire licence have caried thaire wolls over the mountaynes, have sold theyme in Brabant, and in other places, to suche men as were wonte to bye thaire wolls at the staple of Calais; and also by grete steling oute of woll and wolfell not custumed, in diverses parties of Englond, Irland and Wales, oftymes by consent and meane of untrue officers, as sercheours and surveiours, which take no fee, but prive rewardes for doyng the kyng wrange, and by diverse restreintes of merchandise in Calais, aswell by werres, as by soudeours for thaire wages, and many other causes, wherin the merchants of the saide staple have not ben cherisshed, ner of power to rejoys thaire libertes and fraunchises of olde tyme used and accustumed; now it is soo that by the meanes aforeseid, and by the brekyng of the hole staple, the custumes and subsidies of the merchandise repairyng to the foreseid staple of Calais, passe not yerely .xij. .m.li., which is but litell in comparison to that they have be before tyme, the communialte of this lande not enriched by thaire wolles, wolfell and other merchandise, as they were wonte to be, the merchants gretly amennysshed bothe in nombre and goodes, and not in power ner in comfort to bye the wolls, wolfell and other merchandise, as they < have > don of olde tyme, the soudeours of Calais and of the marches there not paied of thaire wages, the towne of Calais, for defaulte of reparations, aswell within the towne walles, towres and castell, as withoute the towne, of dikes, geteys, keyes, scluces, bankes, and other reparations that shuld be made for defence of the towne and the watir outeward, like to be uttirly destroied, that God defende, withoute that remedie be hastely purveyed. 19. The staple of Calais. The commons assembled in this present parliament pray: that it might please the king our sovereign lord to consider how his noble progenitor King Edward the third ordained, after great deliberation, that his entire staple of wool, woolfells and other merchandise should be at Calais for the well-being of this his realm and the safe-keeping of the said town; and by the great number of liberties and franchises given to the merchants who go there, large revenues came to him and his successors there many years after, as is on record in the king's exchequer; that is to say, in some years of his reign £68,000 and more, and so it continued for many years, at which time great riches came into this realm of England by means of the merchants of the said staple, who were at that time many in number, and of great wealth, there was good justice and law between party and party, and it was well-implemented by them, the said town of Calais and the marches were well repaired, and the soldiers were paid their wages. Nevertheless now, by various and many licences given by letters patent, and by the misuse of the said licences such as buying wool and woolfells in places other than is contained in their licences, shipping larger amounts and weights, and under pretext of new-fangled names, such as morlings and shearlings, and some persons who, by their licence, should have carried their wool over the mountains, have sold it in Brabant, and in other places, to such men who used to buy their wool at the staple of Calais; and also by the taking away of large quantities of wool and woolfells from several parts of England, Ireland and Wales without custom being paid on it, often with the consent and agreement of dishonest officers such as searchers and surveyors who take no fee but gain personal rewards for cheating the king, and by various restraints on merchandise in Calais, both on account of wars and by soldiers for their wages, and many other reasons, whereby the merchants of the said staple have not been cherished, nor enabled to enjoy their liberties and franchises used and accustumed of old; now it is that, by the aforesaid means and by the breaking-up of the entire staple, the customs duties and subsidies on merchandise which goes to the aforesaid staple at Calais does not exceed £12,000 a year, which is meagre in comparison to what was received in the past, the commons of this land are not made rich by their wool, woolfells and other merchandise as they used to be, the merchants are greatly reduced both in number and goods, and are not able to buy the wool, woolfells and other merchandise as they have done in the past, the soldiers of Calais and of the marches there are not paid their wages, the town of Calais, for want of repairs, both within the town walls, towers and castle and outside the town, of dikes, jetties, quays, sluices, banks and other repairs that should be made for the defence of the town and the sea, is likely to be completely destroyed, which God forbid, unless a remedy is quickly provided.
Whiche premises considred, like to oure said soverain [col. b] lord to ordeyne and establissh, by assent of the lordes spiritual and temporal in this present parlement assembled, and by auctorite of the same parlement, that the maire, constables and felisshippe of marchants of the staple of Calais for the tyme beyng, and thaire successours for evermore, may have and rejoys alle the fredommes, libertes, fraunchises, and eche of theyme, and hole repaire of almanere marchandise to the same staple, by oure foresaid soverain lord or his noble progenitours, to theyme or thaire predecessors, or to any of thayme, by auctorite of parlement graunted or confermed, not repeled nor excepted. And that the saide maire, constables, and thaire successours, may by theyme self, or by thaire officers and ministres, do execucion of all maner things and matiers, wherof the knawlege to theyme longeth or < apperteynyth > , aswell within the towne of Calais, as withoute the towne in the procincte longing to the same, called the skevinage, any commaundement, writyng, or ony other thinge in contrarie made, or to be made, not withstondyng. Provided alweyes, that by this acte no man be excluded of his lawfull sute of writte of errour, of any juggement given byfore the said maire and constables, ner the chaunceller of England and the kynges counseill be excluded to redresse the defaultes of the said maire and constables, after the fourme of the statuit made the .xxvij. yere of the reigne of Kyng Edward the thridde: (fn. v-141-93a-1) and that nomanere of licence for shipping of wolls, wolfell or tynne, graunted to ony persoune or persounes, be effectuell ner availlable to him or theyme, to carie or lede any suche wolls, wolfells or tynne, oute of this reaume of Englande, Irlande or Wales, to any other place than to the seide staple of Calais. And that almanere of licence by oure foreseid soverain lord, or ony of his heirs or successours, to any persoune or persounes to be graunted, of or for wolls, wolfell or tynne, to be < hadde > , caried or shipped oute of this reaume of Englande, Irlande or Wales, to any other place than to the forseide staple, be voide and of noon effecte. And that every persoune or persounes, whiche acceptith, < opteynyth > and putteth in execucion any suche licence, or he or they to whos use any suche licence are graunted or shal be graunted and hadde, and by theyme, or any other, by thair agrement and consent, put in execucion, be oute of the kynges proteccion. And over that, that it beliefull to the maire, constables and the felisshippe of merchants of the saide staple, and to thaire successours for evermore, to have and sue an action uppon this statuit, agaynes any persoune or persounes as doth offende agaynes this ordenaunce, and to have suche processe therin, as provided in a premunire facias, or suche processe as by the comen lawe is in an action of trespas doon a gaynes the kyngs peas, at thaire eleccion. And if any persoune or persounes, at thaire sute theruppon be convicte or atteynted, that the same maire, constables and felisshippe of merchants, shall have juggement for to recovere alle the movable godes and catell, that any suche persoune or [p. v-150][col. a] persounes so convicte or atteinted had, the day of puttyng in execucion of any suche licence, or at the tyme of the saide juggement given, or at any tyme meane betwix the puttyng in execucion of any suche licence, and the saide juggement given, or the value therof, at the eleccion of the plaintifz in the same accions; wherof the two parts of the godes and catell so recovered and hadde in execucion, or the value therof, shal be employed for the reparations of the geteys, scluces and bankes, at Cal' foresaid, by the oversight of the maister of the werkes there for the tyme beyng; and the thridde part therof, to remayne to the maire, constables and felisshippe forsaide. Provided alway, that the seide action be had and commenced within the shire where suche licence shal be putte in execucion. And if any suche licence be putte in execucion in Irland or Wales, that than the sute be commenced in the shire within Englond, next adjoynyng to the place where such licence shal be putte in execucion in Irland or in Wales. And over that, that every persoune or persounes, as doth shippe or carie, or make to be shipped or caried, any wolles, wolfell or tynne, oute of this reaume of Englond, Irland or Wales, by colour of any licence or any otherwyse, and thayme putte to sale, in any other porte or place oute of the said reaume of Englond, Irland or Wales, than at the foreseide staple of Calais, on lesse than the shippe wherin the saide wolles, wolfell or tynne is, be perisshed, and may not be broght to < the > saide staple, and therof be convicte or atteynted at the sute of the said maire, constable and felisshippe of merchants of the saide staple, by suche action and processe grounded uppon this act as is afore rehersed, the same action to be taken in the shire where the saide woll, wolfell or tynne be shipped or caried oute, that he forfeite all his godes and catell, to be emploied and hadde in fourme aforesaid. And if any woll, wolfell or tynne, hereaftir be caried or shipped, to be hadde oute of this reaume of Englond, Irlond or Wales, to any other place oute of Englonde, Irlonde or Wales, than to the saide staple, by force of any licence, that than it be lieffull to every persone beyng the kyngs liegman, to sease the saide wolls, wolfell and tynne, and theyme kepe to his propre use aftir suche sesir; and that every custumer, countroller, sercheour and surveiour, which by his knawelegge suffreth or admitteth any woll, wolfell or tynne, to be shipped within any port, creke, havyn, or any other place where as they be officers, to any other port or place than to the saide staple as is above rehersed, by the force of any licence, or by the colour therof, or by the force of any writte or other commaundement, in affermyng or apprevyng of any such licence to theyme to be directe; or suffre wyttyngly any suche merchandise to passe oute of this reaume uncustumed or unweyed at the kyngs leine, suche therof < as ought > to be weyed, renne and stande in the peyne and forfeiture above rehersed, and he or they be had and demyd in like case, as he that executith any suche licence to any other place than to the saide staple, aftir that he therof be convicte, at the sute of him whiche in this case will pursuye; and that it be lawfull to every persoune beyng the kyngs liegman, whiche in this cas will pursuye, to have suche action agaynes the said custumers, < countrollers > , serchours and surveyours, as is provided agaynes suche persounes, as putte in execucion any suche licence as is aforesaid; and that almaner thinge don agaynes the ordenaunce of this statut, aswell within this reaume as withoute, not triable by matier of recorde, be putte in issue, and be triable by enquest, in the same shire and visue where the saide action shal be taken. Provided alway, that almanere of licence for wolls and tynne, to passe thrugh the straites of Marrok, shipped in galeys or carrakes, [col. b] payng custumes and subsidies, as aliens doon or shal do, be oonly except. Forseyne also, that this act extend not, ner be prejudiciall unto the licence graunted by oure soverain lord the kyng, by his lettres patentz beryng date the .xxiiij. day of July, the .xxvi. yere of his full noble reigne, unto oure soveraigne lady the quene, for to shippe and carie by hir, hir deputes, asignes or creditours, wolls, wolfell and tynne, aftir the effect and fourme of the saide lettres patentz, so that the saide wolls, wolfell and tynne, and everych of theyme, be shipped in galey or galeys, carrake or carrakes, and caried thurgh the straites of Marrok. Forseyne also, that this act extende not, ner be prejudiciall unto the licence graunted by oure saide soverain lord the kyng, by his lettres patentes beryng date the first day of July, the yere of his saide full noble reigne .xxiiij., unto the duke of Suffolk, by the name of William marquis and erle of Suff', for to shippe and carie by hym, his deputes or attourneys, .ij. m saccs of wolls of the growyng of the counte of Norffolk, aftir the fourme and effect of the same lettres patentz: and that open proclamation of this ordenaunce, be made in every shiretowne, port, havyn, and markettownes, to the saide portes nere adjoynyng, by the shiref of eche shire, or his depute, every moneth ones, by the space of half a yere next aftir the makyng of this ordenaunce, aftir this act sente to theyme, by writte of recorde, in payne of .xx.li. to be forfeited to the kyng oure soverain lord, if the saide proclamation be not duely executed. Having considered the foregoing, may it please our said sovereign [col. b] lord to ordain and establish by the assent of the lords spiritual and temporal assembled in this present parliament, and by the authority of the same parliament, that the mayor, constables and fellowship of merchants of the staple of Calais at the time, and their successors forevermore, may have and enjoy all the freedoms, liberties, franchises, and each of them, and the entire return of all manner of merchandise to the same staple granted or confirmed by our aforesaid sovereign lord or his noble progenitors to them or their predecessors, or to any of them, by the authority of parliament, and not repealed nor excepted. And that the said mayor, constables and their successors may by themselves, or by their officers and officials, make execution of all manner of things and matters which knowingly belongs or pertains to them both within the town of Calais and outside the town in the precinct belonging to the same, called the skevinage, notwithstanding any command, writing, or any other thing made or to be made to the contrary. Provided always that by this act no man shall be prevented from his lawful suit of writ of error on any judgment given before the said mayor and constables, nor shall the chancellor of England and the king's council be prevented from redressing the failings of the said mayor and constables, according to the form of the statute made in the twenty-seventh year of the reign of King Edward the third [1353]: (fn. v-141-93a-1) and that no kind of licence for shipping wool, woolfells or tin granted to any person or persons shall be effective nor valid for him or them to carry or export any such wool, woolfells or tin from this realm of England, Ireland or Wales, to any place other than to the said staple of Calais. And that all manner of licences to be granted by our aforesaid sovereign lord, or any of his heirs or successors, to any person or persons of or for wool, woolfells or tin to be taken, carried or shipped out of this realm of England, Ireland or Wales to any place other than to the aforesaid staple shall be void and invalid. And that every person, or persons, who accepts, obtains and implements any such licence, or he or they to whose use any such licence is granted or shall be granted and taken, and is implemented by them or any other person with their agreement and consent, shall be put out of the king's protection. And, in addition, that it shall be lawful for the mayor, constables and the fellowship of merchants of the said staple, and for their successors forevermore, to have and sue an action on this statute against any person or persons who commits an offence against this ordinance, and to have such process thereupon as is provided in a premunire facias, or such process as is provided by the common law in an action of trespass committed against the king's peace, at their instigation. And if any person or persons shall be convicted or attainted thereupon at their suit, that the same mayor, constables and fellowship of merchants shall have judgment to recover all the moveable goods and chattels that any such person or [p. v-150][col. a] persons so convicted or attainted had on the day when any such licence was implemented or at the time the said judgment was given, or at any time between the implementation of any such licence and the said judgment given, or the value thereof, at the election of the plaintiffs in the same actions; of which two parts of the goods and chattels so recovered and taken in execution, or the value of them, shall be used for the repairs of the aforesaid jetties, sluices and banks at Calais by the supervision of the master of the works there at the time; and the third part of it shall remain with the aforesaid mayor, constables and fellowship. Provided always that the said action shall be taken and begun within the county where such a licence shall be implemented. And if any such licence is implemented in Ireland or Wales that then the suit may be begun in the county within England next to the place where such a licence shall be implemented in Ireland or in Wales. And in addition, that every person or persons who ships or carries, or causes to be shipped or carried, any wool, woolfells or tin out of this realm of England, Ireland or Wales by pretext of any licence or any other means, and puts them on sale in any port or place outside the said realm of England, Ireland or Wales other than at the aforesaid staple of Calais, unless the ship on which the said wool, woolfells or tin is placed has perished and may not be brought to the said staple, and is convicted or attainted of this at the suit of the said mayor, constable and fellowship of merchants of the said staple, by such action and process based upon this act, as is mentioned earlier, the same action to be taken in the county where the said wool, woolfells or tin is shipped or exported, that he forfeits all his goods and chattels to be used and taken in the aforesaid form. And if any wool, woolfells or tin is exported or shipped in future from this realm of England, Ireland or Wales to any place outside England, Ireland or Wales other than to the said staple by force of any licence, that then it shall be lawful for every person who is the king's liegeman to seize the said wool, woolfells and tin, and retain them for his own use use after such seizure; and that every customs officer, controller, searcher and surveyor who knowingly allows or permits any wool, woolfells or tin to be shipped within any port, creek, harbour, or any other place where they are officers to any port or place other than to the said staple, as is mentioned above, by the force of any licence, or by pretext thereof, or by the force of any writ or other command confirms or approves any such licence to be directed to them; or knowingly allows any such merchandise to pass out of this realm uncustomed or unweighed at the king's balance, such as ought to be weighed, shall be liable and incur the penalty and forfeiture mentioned above, and he or they shall be taken and considered as the same as he who executes any such licence to any place other than to the said staple, after he is convicted thereof at the suit of him who will sue in this case; and that it shall be lawful for every person who is the king's liegeman, who will sue in this case, to have such action against the said customs officers, controllers, searchers and surveyors as is provided against such persons as implemented any such licence, as is mentioned above; and that all manner of things done against the ordinance of this statute, both within and outside this realm, not triable by matter of record, shall be put on issue, and shall be triable by inquest in the same county and view where the said action shall be taken. Provided always that all kinds of licences for wool and tin to pass through the straits of Gibraltar, shipped in galleys or carracks, [col. b] on which customs duties and subsidies have been paid, as aliens do or shall do, shall be excepted. Saving also that this act shall not extend nor be prejudicial to the licence granted by our sovereign lord the king by his letters patent bearing the date 24 July in the twenty-sixth year of his most noble reign [1446] to our sovereign lady the queen in order for wool, woolfells and tin to be shipped and carried by her, her deputies, assigns or creditors, according to the effect and form of the said letters patent, provided that the said wool, woolfells and tin, and each of them, shall not be shipped in a galley or galleys, carrack or carracks and carried through the straits of Gibralter. Saving also, that this act shall not extend nor be prejudicial to the licence granted by our said sovereign lord the king by his letters patent bearing the date 1 July in the twenty-fourth year of his said most noble reign to the duke of Suffolk, by the name of William, marquis and earl of Suffolk, for 2,000 sacks of wool produced in Norfolk to be shipped and carried by him, his deputies or attorneys, according to the form and effect of the same letters patent: and that public proclamation of this ordinance shall be made in every county town, port, harbour and market town close by the said ports by the sheriff of each county, or his deputy, once every month for the next half year after the making of this ordinance, after this act has been sent to them by writ of record, on pain of £20 to be forfeited to the king our sovereign lord if the said proclamation is not duly done.
Soit fait come il est desire; et a commenser a le fest del Nativite de Seint Johan Baptiste proscheinement avenir, et d'endurer jesqes al fine de cink ans proschenement ensuantz. Purveu toutz foitz, qe cest graunte ou ordenance ne soy extende pas as priour et covent de Seint Johan de Bridlington, et a ses successours, qi ount licence par les lettres patentz de roy, faitz a eux le .ix. me jour de Novembre, l'an du reigne nostre seignur le roy .xxvi. me , d'eskipper, carier ou amener lour lains al nombre de .xij. sarplers, conteignauntes .xxx. sakkes ou dedeins, as autres lieux ou portes de pardela qe < al estaple de Caleys. Purveu auxi > toutz foitz, qe cest graunt ou ordinaunce ne soi extende pas as grauntes severalment faitz as Thomas Walsyngham, Thomas Broun et a Johan Penycoke, esquiers, par les lettres patentz nostre dit seignur le roi, devaunt cest temps, de eskipper, carier ou amenir certeins lains, as autres lieux ou portes de par dela qe al dit estaple de Caleys, mes qe ils soient de cest ordeignaunce tout autrement forsprises. (fn. v-141-96-1) Let it be done as it is desired, and to commence on the next following feast of the Nativity of St John the Baptist [24 June 1449], and to be valid until the end of the five years which then follow. Provided aways that this grant or ordinance shall not extend to the prior and convent of St John of Bridlington, and to their successors, who have licence by the king's letters patent made to them on 9 November in the twenty-sixth year of the reign of our lord the king to ship [1447], carry or take their wool amounting to 12 bales, containing 30 sacks or less to places or ports overseas other than to the staple at Calais. Also provided always that this grant or ordinance shall not extend to the grants made separately to Thomas Walsingham, Thomas Brown and to John Penycook, esquires, by our said lord the king's letters patent before this time to ship, carry or take certain wool to places and ports overseas other than to the said staple at Calais, but that they shall be always excepted from this ordinance. (fn. v-141-96-1)
II. [Sale of English cloth in Brabant, Holland and Zeeland.] II. [Sale of English cloth in Brabant, Holland and Zeeland.]
20. De pannis Anglicanis, in partibus Braban', Holan' et Zelan', minime vendendis. Prayen the comens of this present parlement assembled: to considre howe a certain ordinaunce hath be proclamed, publisshed and streitly kept in the parties of Brabant, Holland and Zeeland, that nomanere cloth of woll made in this reame of England, shall not come in to the said parties, there to be sold in eny wyse, upon peyne of forfeture of the same cloth; wherfore the kyng our soverain lord, by cause it is expressely ageyns the trieux and appointemente made and take betwix his reames, landes and subgetts, of the oon parties, and the landes whiche the duke of Burgoigne holdeth and occupieth, on the other partie, hath often herebifore this tyme, do write < his > lettres requisitorie, and sende < his > mesages for due reformation to have be hadde in this be halve, wherof as yet no due < redresse is > hadde, unto the right intollerable hurt of alle the comens of this reame; be cause that many clothmakers, that is to wite, men wevers, fullers, diers, and women kembers, carders, and spynners, and other biers and sellers þerof, such as can noon other occupations, of verrey necessite be compelled for their lyvyng to do the occupations, and such of theym as can not do noon [p. v-151][col. a] other occupations, become as ydell pepull, whiche provoketh hem to synne and myschevous lyvyng. 20. Concerning English cloth not to be sold in the regions of Brabant, Holland and Zeeland. The commons assembled in this present parliament pray: to consider how a certain ordinance has been proclaimed, published and strictly enforced in the regions of Brabant, Holland and Zeeland that no kind of woollen cloth made in this realm of England shall enter the said regions to be sold there in any way, upon pain of forfeiture of the same cloth; wherefore the king our sovereign lord, because it is expressly contrary to the truces and agreement made and entered into between his realms, lands and subjects on the one part and the lands which the duke of Burgundy holds and occupies on the other part, has often in the past written his letters of request and sent his messages for due change to be made in this regard, but as yet no due redress has been made, to the most intolerable harm of all the commons of this realm; because many cloth makers, that is to say, male weavers, fullers and dyers, and female combers, carders and spinners, and the other buyers and sellers of it, such as can undertake other occupations, from true necessity are compelled to do the occupations for their living, and those who cannot do any [p. v-151][col. a] other occupations become unemployed, which provokes them to sin and evil living.
And upon this consideration, that it please the kyng our soverain lord, by the advys and assent of his lordes spirituelx and temporelx assembled in this present parlement, and by auctorite of the same parlement, forto ordeyne, that but if it so be, that due contynuell reformation be made in the said parties of Brabant, Holland and Zeeland, of the saide ordinance, betwix this tyme, and the feste of Seint Michell next comyng, so that all manere cloth of woll made in this reaume, mowe come and be accepted in to the same parties of Brabant, Holland and Zeeland, there to be uttered and sold, as frely as eny other merchandises, that than for defaute of suche reformation in that behalve, nomanere of merchandizes, ne godes, of the growyng nor wurkyng of the landes and parties that the seide duke holdeth and occupieth, come in to the saide reame after the saide feste, uppon peyne of forfeiture of the merchandises, that is forto sey, the oon halfe þerof to the kyng, and the other half therof to hym that first seiseth the saide merchandises, in whos hondes that ever thei be founde. And that open proclamation be made herupon, betwix this tyme, and the .xv. day of Juyll next comyng, wythynne the citee of London, and other places necessarie and convenient therto. And yf eny suyt be commenced hereafter, for cause of eny such seisyng, in whiche eny issue concernyng this act shall be taken, that the seide issue be tried in the shire where the saide seisyn is hadde, and in noon other place. This ordinance to endure unto the next parlement. And upon this consideration, may it please the king our sovereign lord, by the advice and assent of his lords spiritual and temporal assembled in this present parliament, and by the authority of the same parliament, to ordain that unless proper and lasting reform of the said ordinance be made in the said regions of Brabant, Holland and Zeeland between now and the next following feast of Michaelmas [29 September 1449] so that all kind of woollen cloth made in this realm may come and be accepted in the same regions of Brabant, Holland and Zeeland to be marketed and sold there as freely as any other merchandise, that then, for lack of such reform in that regard, no manner of merchandise, nor goods produced or made in the lands and regions which the said duke holds and occupies may enter the said realm after the said feast, upon pain of forfeiture of the merchandise, that is to say, the one half thereof to the king, and the other half thereof to him who shall first seize the said merchandise, in whose hands that ever they shall be found. And that public proclamation shall be made thereupon, between now and 15 July next within the city of London, and other necessary and convenient places for this. And if any suit is begun in future because of any such seizure, in which any issue concerning this act shall be taken, that the said issue shall be tried in the county where the said seizure is made, and in no other place. This ordinance to be enforced until the next parliament.
Le roy le voet. (fn. v-141-102-1) The king wills it. (fn. v-141-102-1)
III. [Concerning taking of goods by Welshmen.] III. [Concerning taking of goods by Welshmen.]
21. < Hic esset alia peticia for emploement. > Humbly besechen the commyns of the shires of Hereford, Gloucestr' and Salop, the which buth adjoignaunt to the marches of Walys, and the comyns of the shires of Somersette, Bristowe and Chestre: that where at the parlement holden at Westm', the .xx. th yere of the blessid reigne of oure soveraigne lorde the kyng that nowe is, (fn. v-141-105-1) hyt wes ordeigne by auctorite of the said parlement, that yef eny pepull of the saides shires, ther godes or catelx wrongfully were taken in eny [...] of the saide shires, by eny Walsshman, < and > oute of the saide shires in to Walys or in to the marches of Walys dryven, ladde, boren or reteigned, that such takyng or takynges, recettementes, abettementes or reteignementes, of such misdedes aforesaide, shuld be adjugged grete treson, and whose ever < þerof > were atteint, shulde be demened and < adjuggid > as a traitour to our saide soveraigne lord; and that the justices of the pees in ther sessions in the saide shires, have poiar to enquere there and determine of all such misdoers, ther abbettours and recettours, and to make processe ayenest persones so endited, by .ij. capias and an exigent, every capias conteynyng the space of .ij. monethes by twix the date ther of and the retorne of the same; and that mencion be made in the saide writtes of capias, that the shirrefs of the shires for the tyme beyng, make proclamation in ther countes, that thei so endited appere to fore thes seides justices in ther sessions, to answere to the matiers conteigned in the seid enditments. Purveid alweis, that the lordes marchiers, of the whiche such misdoers, ther abbettours and recettours, holden ther londes and tenements, have the forfaitour therof, and also the forfaitour of the godes and catelx founden within ther lordshippes, aftur tyme thei ben atteint of such misdedes; the [memb. 7] whiche ordinaunce shuld not endure but .vi. yeres then next folowyng; the whiche ordinaunce was and is ryght expedient and profitable to the comyns of the seides shires. 21. This was another petition concerning pleading. The commons of the counties of Hereford, Gloucester and Shropshire which adjoin the marches of Wales, and the commons of the counties of Somerset, Bristol and Cheshire humbly beseech: that whereas at the parliament held at Westminster in the twentieth year of the blessed reign of our present sovereign lord the king (fn. v-141-105-1) it was ordained by the authority of the said parliament that if any people of the said counties, their goods or chattels, were wrongfully taken in any of the said counties by any Welshman, and driven, lead, or carried out of the said counties to Wales or into the marches of Wales and retained, that such taking or takings, receiving, abetment or retention of such aforesaid wrongs shall be adjudged high treason, and whosoever was convicted of it shall be deemed and adjudged as a traitor to our said sovereign lord; and that the justices of the peace in their sessions in the said counties shall have power to inquire there and determine all such wrongdoers, their abettors and receivers, and to make process against the persons thus indicted by two capias and an exigent, every capias containing the period of two months between the date of it and the return of the same; and that mention shall be made in the said writs of capias that the sheriffs of the counties at the time shall make proclamation in their counties that those thus indicted shall appear before these said justices in their sessions to answer the matters contained in the said indictments. Provided always that the lords of the marches, of whom such wrongdoers, their abettors and receivers, hold their lands and tenements, shall have the forfeiture thereof, and also the forfeiture of the goods and chattels found within their lordships after the time they have been convicted of such wrongs; [memb. 7] which ordinance shall be enforced for the next following six years; which ordinance was and is most expedient and profitable to the commons of the said counties.
That it please youre high discrecions and wysdomes, to pray oure seide soveraigne lord, by advys of his [col. b] lordes spirituell and temporelx, and by auctorite of this present parliament, that the seide ordinaunce may abyde, endure and be for evermore, at the reverence of God, and wey of charitee. May it please your high discretions and wisdoms to pray our said sovereign lord, by the advice of his [col. b] lords spiritual and temporal, and by the authority of this present parliament, that the said ordinance may continue, last and be valid forevermore, for God, and by way of charity.
The kyng will, that the ordenaunce made in the parlement holden at Westm', in the yere of his noble reigne þe xx th , for such distressis takyng, for to endure for .vij. yere, take effect and stonde in force unto the next parlement, and then to expire. (fn. v-141-109-1) The king wills that the ordinance made in the parliament held at Westminster in the twentieth year of his noble reign [1442] for such distraints taken, to be enforced for seven years, shall take effect and be enforced until the next parliament, and then it shall expire. (fn. v-141-109-1)
IIII. [Benefit of clergy.] IIII. [Benefit of clergy.]
22. < Billa deficit in filaciis. > Also preyen the commens in this present parlement: that for asmoche as murdres, manslaghters, roberies and other theftes, wythinne this your rewme dayly encrecen and multiplien, by thoo felons that ben clerkes and can rede, by < by [sic] cause of þe grete > boldnes of thair clergie; whech felons, of thair robberies leven a certeyn somme of money with thair recetteurs or frendes, savely to be kept, and sent unto thaym, at what tyme hit shall fortune hem to be taken for the felonyes doon by theym, and therof to be attaynted or convicte, and commytted after the lawe of the church to the ordinarie, to be despended for thair purgation; and what tyme the seid felons been so purgeed, they murdren, sleen and robben youre liege people, withoute any drede or mercy, and kepen of thair robberies doon after their seid purgation, a nother somme of money, to make thair purgation ageyn, yf it fortune theym to be attaynted or convicte eft sones of any suche felonye, yn fynall destruccion of your seide people in every part of this rewme, yn so moche that tho persones that been so robbed, nowther the frendes of thaym, nowther the frendes of thaym that ben so slayn, daren not take uppon hem to labour ayenst suche felons, for drede of deth, seyng howe bold manaces and thretnynges, the seide felons after thair seide purgation, and also byfore thair purgation, putten unto your seide people. 22. The bill is lacking in the files. Also the commons in this present parliament pray: seeing that murders, manslaughters, robberies and other thefts increase and multiply daily within this your realm by those felons who have been clerks and can read, because of the great boldness of their clergy; which felons leave a certain sum of money from their robberies with their receivers or friends to be kept safely and sent to them whenever they happen to be arrested for the felonies which they have committed, and are attainted or convicted thereof, and committed according to the law of the church to the ordinary to carry out their purgation; and when the said felons have been so purged, they murder, slay and rob your liege people without any fear or mercy, and keep another sum of money from their robberies committed after their said purgation to make their purgation again, if it happens that they are attainted or convicted again of any such felony, to the total destruction of your said people in every part of this realm, insomuch that those persons who have been so robbed, nor their friends, nor the friends of those who have been slain, dare not take it upon them to labour against such felons for fear of death, seeing how bold the threats and intimidations the said felons put to your said people after their said purgation, and also before their purgation.
That it please your highnesse, consideryng the premisses, to ordeyne by thauctorite of this present parlement, that if any persone withinne this rewme, by dewe menes of the lawe, be commytted to any ordinarie, for any such murdres, manslagters, robberies or theftes as been aboveseid, and that same persone, after the tyme þat he is ones commytted unto thordinarie, make his purgation, and after that by dewe mene of the lawe of this rewme, byfore you or any of your juges or commissioners, for any such cause or matier afore reherced, take hym to his clergie, and be commytted to the ordynarie eft sones, that the same ordinarie kepe hym safly in his prison, and in no wyse hym suffre any purgation theruppon to make; consideryng that the contrarie therof, were grete embolddesshyng of felons, and grete fere and discomforte to your trewe liege people; and in cas that any ordynarie do in any wyse the contrarie herof, that he, as oftymes as he suffreth any such purgation to be had, paye to yowe sovereign lord .c.li., to be arered to the expenses of youre houshold. May it please your highness, considering the foregoing, to ordain by the authority of this present parliament that if any person within this realm, by due means of the law, is committed to any ordinary for any such murders, manslaughters, robberies or thefts, as mentioned above, and that same person, after the time he is first committed to the ordinary, makes his purgation, and after that by due means of the law of this realm before you or any of your judges or commissioners, for any such reason or matter mentioned above claims benefit of clergy, and is committed to the ordinary, that the same ordinary shall keep him safely in his prison, and in no way allow him to make any purgation thereupon; considering that to do the opposite of this will greatly embolden the felons, and increase the great fear and discomfort of your true liege people; and in case that any ordinary acts contrary to this in any way, that he, as often as he allows any such purgation to be made, shall pay £100 to you sovereign lord, to be used for the expenses of your household.
For as moche as the mater conteyned in his peticion, perteineth to the spirituelte, the kyng woll, that the archiebisshoppes and þe bisshoppes of þis roialme, set such due remedie þerynne, as shall seme to theire wisdoms covenable and sufficient þerfore hereafter; and þat þe church have his fredoms and libertees. Forasmuch as the matter contained in this petition pertains to the lords spiritual, the king wills that the archbishops and the bishops of this realm shall therefore determine such due remedy thereupon as shall seem suitable and sufficient to their wisdoms hereafter; and that the church shall have its freedoms and liberties.
V. [Abbots and priors as collectors of clerical subsidy.] V. [Abbots and priors as collectors of clerical subsidy.]
23. < abbe priour. > Item, priount les communes: qe come in le parlement tenuz a Westm', le seconde jour de Maii, l'an du reigne le roy Henri quint apres le conquest .ix. me , vostre tresnoble pier, qe Dieu assioile, a cause de plusours graundes et notables considerations par vostre dit pier eues, entre altres estoit ordeine et estable, qe nulle abbe ne prioure de deins le roialme d'Engleteree, serroit par ascun erchevesqe ou evesqe alors en avant, ordeine d'estre [p. v-152][col. a] coilour d'ascuns dismes ou subsidies, hors del counte ou il est demurant ou conversant. (fn. v-141-119-1) Et qe mesme l'ordinance esteira en sa force, tan qe au parlement qe serra premerment tenuz, apres la revenneu du mesme le nadgaires roy en Engleterre de pardela: le quel estatuit par le trespassement du dit tresnoble roy de pardela, et sa non revenue est determine, < et en outre adurer nient > vaillable, come est dit. 23. Abbots, priors. Item, the commons pray: whereas in the parliament held at Westminster on 2 May, in the ninth year of the reign of King Henry the fifth since the conquest, your most noble father, whom God absolve, because of many great and notable considerations on the part of your said father, it was ordained and established, among other things, that no abbot or prior within the realm of England should henceforth be appointed by any archbishop or bishop to be [p. v-152][col. a] a collector of any tenths or subsidies outside the county where he is dwelling or residing. (fn. v-141-119-1) And that the same ordinance should remain in force until the first parliament held after the return of the same late king to England from overseas: which statute, by the death overseas of the said most noble king, and his non-return, is clear is not valid to remain in force, as it is said.
Please a vostre tresnoble grace, en revelation du dit maisons du religion, et en augmentation du divine service, considerant tresgracious seignur, qe plusours maiesons du religion, < si bien de fundation > de vos noble progenitours come des autres, a cause du tiel deputation en pluis longtisme pais de eux, et auxint a cause qe ascuns ount estes deputes d'estre coilours d'une disme en diversez < diocisez, par diversez evesqes > , a une temps, sount graundement en poveres et anientises, et ascuns robbes du ceo qe ils ount a vostre oeps du mesme les dismez levez, de grauntier et ordiner par auctorite du cest present parlement, qe desore en avaunt, le dit estatut fait le dit an ix me , poet endurer et estre observes, et soit tenuz pur estatut pur toutz jour. May it please your most noble grace, in relief of the said religious houses and for the augmentation of divine service, considering most gracious lord that many religious houses, both of the foundation of your noble progenitors and of others, because of such appointments to areas very far distant from them, and also because some have been appointed to be collectors of a tenth in several dioceses by several bishops at one time, are in great poverty and ruin, and some have been robbed of what they have raised from the same tenths for your use, to grant and ordain by the authority of this present parliament that henceforth the said statute made in the said ninth year shall be valid and be observed, and be considered a statute forever.
The kyng will, for asmoche as the deputyng of the collectours of the dismes, graunted by þe archiebisshoppes and bisshoppes and the clergies in the convocations of this roialme, belongith to the saide archibisshoppes and bisshoppes, þat þe matier contyned in this saide peticion be committed to theym, to putte suche remedie þerynne as may be thought best aftir their wysdoms and discrecions. The king wills, forasmuch as the appointment of the collectors of the tenths granted by the archbishops and bishops and the clergy in the convocations of this realm, belongs to the said archbishops and bishops, that the matter contained in this said petition shall be committed to them, to put such remedy thereupon as may be thought best according to their wisdoms and discretions.
VI. [Fairs and markets.] VI. [Fairs and markets.]
24. < Feyres and marketts. > Prayn mekely the devout comyns unto you our soverayne lord þe kyng, with þe assent of your lordys spirituell and temporell: to considre þe abhomynable wrongys and vylanys don to Our Lord God, and his holy Seyntis, our synguler helpers and socourers alwey at our most nedys, be cause of feiris and markettis hold custumabli, and synfully used in youre roialme of Englond, uppon hir hy and holy principall festis, as þe Assencion of Our Lord, Corporis Cristi day, Whitsonday, Trinite Sonday, with othre Sondays, also uppon the hie fest of þe Assumption of Our Lady, All Halowyn day and Goodefriday; in whiche principall festfull dayes, for grete wordely covetyse, þe people is wilfully more vexed and defouled in bodely labour, in pycchyng and makyng of bothis and stalls, in beryng and drauyng, hevyng and shuffyng of her chaffare out and home, þan in any other werkeday, with bestis þerto, withoute mete fro morowe till even, dryve fro place to place, noþyng alas havyng in mynde þe horrible fowlyng of here soule, in gylefull bying and sellyng, moche liyng and fals forsweryng, with drounkenshipp and debatyng, and specially in withdrawyng hem self and all her meyny holich fro divine service, unneþis oon of hem seyng onys a sacryng, and þis unkyndly and most wykedly provoke our meke Saviour, and his holy seints, alwey to hy wrath and dredefull vengeaunce, puttyng hem a wey wrongfully and cruelly alas for her longe dieu possessid worshipp, directly doyng not onlich ayenst þe commaundement of all holy chirch, but also a yenst Our Lordis irrevocable wordis in the gospell of Matheu, Si vis ad vitam ingredi serva mandata etc. (fn. v-141-125-1) Not dredyng þe sharpe sentens of David, inspirid with þe holy gost, seiyng on þis maner wyse, Maledicti qui declinant a mandatis tuis. (fn. v-141-125-2) Neþer aferd of the message sent by our lord Crist, his myld moder, Seynt John þe Baptist and Seint Petir, by an aungell in mannes likenesse, to Kyng Harry þe .ij. at Cardyf, þe Sonday next aftir Estur day, seid in this maner fourme, We grete the will, commaundyng stedfastlych þat þer be no merketts in þy places of þy roialme, ne oþer servile werkes [col. b] don uppon Sondays, out take þo things þat be to use of mete and drynke alonly; þe which precept yf thou wilt kepe, what þat þu begynne, þou shalt graciously eende. This ywrite in þe cronicle of Policronicon, the .vij. boke, þe .xxij. capitle: but alas for sorowe of all these grevous synnys, as it openly apperith, is no hede ne charge take, namely, of þe religious with here grete feires, and fadres of the church, þat shuld most specialy tendir þe dere bought monnys soule with Oure Lordys precious blode. 24. Fairs and markets. The devout commons humbly pray to you our sovereign lord the king, with the assent of your lords spiritual and temporal: to consider the abominable wrongs and villanies committed against our Lord God and his holy saints, our special helpers and succourers when we are most in need, on account of the fairs and markets customarily held, and sinfully used, in your realm of England on their high and holy principal feasts, such as the Ascension of Our Lord, Corpus Christi day, Whitsun, Trinity Sunday with other Sundays, also on the high feast of the Assumption of Our Lady [15 August], All Souls' day [2 November] and Good Friday; on which principal festival days, on account of great worldly covetousness, the people are wilfully more troubled and defiled by manual labour than on any other workday in pitching and making booths and stalls, in the carrying and drawing, heaving and shoving of their wares out and home again, with beasts for this purpose, without meat from morning till evening, driven from place to place, having nothing else in mind other than the horrible corruption of their souls by guileful buying and selling, much lying and false swearing, with drunkenness and debating, and especially in removing themselves and all their company from divine service, unless one of them sees a consecration, and this unnaturally vile and most wicked behaviour provokes our humble Saviour and his holy saints always to high wrath and dreadful vengeance, diverting them away wrongfully and cruelly alas from their long due possessed worship, directly acting not only against the commandment of all holy church, but also contrary to Our Lord's irrevocable words in the gospel of Matthew, 'If thou wilt enter into life, keep the commandments, etc.'. (fn. v-141-125-1) Not fearing the sharp sentence of David, inspired by the Holy Ghost, which says on this, 'Cursed be the man who obeyeth not'. (fn. v-141-125-2) Neither afraid of the message sent by Our Lord Christ, his meek mother, St John the Baptist and St Peter, by an angel in human form to King Henry the second at Cardiff on Sunday next after Easter Day, who said in this manner and form, 'We greet you well, commanding steadfastly that there shall be no markets in your places of your realm, nor other servile works [col. b] done on Sundays, saving those things which are only of use as meat and drink; which precept if you will keep, what you begin, you will graciously finish'. This is written in the chronicle of the Polychronicon, in the seventh book, in the 22nd chapter: but alas for sorrow of all these grievous sins, as it openly appears, there is no heed nor notice taken, namely, by the religious with their large fairs, and the fathers of the church, who should most specially tend the mens' souls which are bought dearly with Our Lord's precious blood.
Please to yowe þerfore oure soverayn lord, whom Oure Saviour and his blessid modir have syngulerly chosen, as we your people beleve, to exalte and magnifie His worshippe here in erth, and His glorious seintis, as a noþer menne þat shet þe gatis of Jerusalem, forbedyng and lettyng utturly the peple to come < or holde the merketts on the Sabot day, or ony other holy day ordeined by þe lawe; to ordeyne or do ordeyne by auctorite > of God, with auctorite of his spouse our modir holy chirch, and specially by auctorite of this your present parlement, þat all feiris and merkettis cesse in þe forseid principall festis, and Sondays and Godfriday utturly, fro all maner shewyng of godes or merchandise, outake nedfull vitaill, uppon peyne of forfeitur of all þe godes so shewed, to the lord of the fraunchise, where such godes ben or shall be shewed contrarie to þis ordinaunce, except .iiij. Sondays in hervest, grauntyng power never þe les of your speciall grace, by auctorite abovesaid, to hem þat have of olde tyme no day, but oonly upon these seid festfull dayes, to holde their feire or merkette, to hold hem within .iij. dayes next before the forseid fests, or next aftur, by auctorite and streinth of her olde graunte, with proclamation made before, upon which day þat the feir shall be hold, to certifie alwey þe simple comyn people, withoute more fyn or fee take to youre use; and þey þat have of olde tyme by speciall graunt, days y nowe before þese festis or aftur, kepe her hole nombre of days in like seid maner wyse to holde her feire or marketts, except the seid festivall days, and Sondays, and Godefriday; þis bill grauntid and executid, withoute eny doute youre peples synne, by speciall prayer and merits of seints shall be remitted, and peas with prosperite of your roialme graciously encresed, ye to be rewarded in hevene, with hem whos worshipe ye have exaltid speciali in erth, that Our Saviour with his mylde modre, we hope shal mowe joyfully sey to you, that he seid to Seint John Evaungelist, Veni, dilecte mi, ut epuleris in convivio meo cum fratribus tuis et accipe [...] vite quam Deus repromisit diligentibus se. Provided alwey, þat þis ordenaunce begynne to take effecte at the fest of Seint Michell next comyng, and not before; and to endure aftur perpetuelly and for ever. May it please you therefore our sovereign lord, whom Our Saviour and his blessed mother have each chosen, as we your people believe, to exalt and magnify His worship here on earth, and His glorious saints, as another man who might shut the gates of Jerusalem, forbidding and completely banning the people from coming to or holding markets on the Sabbath day, or any other holy day ordained by the law; to ordain or to be ordained by the authority of God, with the authority of his spouse our mother holy church, and especially by the authority of this your present parliament, that all fairs and markets shall completely stop displaying all manner of goods or merchandise, except for necessary victuals, on the aforesaid principal feasts and Sundays and Good Friday, upon pain of forfeiture of all the goods on display to the lord of the franchise where such goods have been or shall be displayed contrary to this ordinance, except for the four Sundays during harvest, granting power nevertheless from your special grace, by the abovesaid authority, to those who have of old no day except only these said festival days to hold their fair or market, to hold them within three days next before or next after the aforesaid feasts, by the authority and force of their old grant, with proclamation made in advance about which day the fair shall be held to inform always the simple common people, without more fine or fee taken for your use; and those who have from old by special grant days now before or after these feasts may keep their whole number of days in the same said manner to hold their fair or markets, except the said festival days and Sundays and Good Friday; once this bill is granted and executed, without any doubt your people's sin shall be remitted by special prayer and the merits of saints, and peace with the prosperity of your realm graciously increased, you will be rewarded in heaven with those whose worship you have especially exalted on earth, and we hope that that Our Saviour with his meek mother shall more joyfully say to you what he said to St John the Evangelist, 'I am come that they might have'. Provided always that this ordinance shall begin to take effect at the next following feast of Michaelmas [29 September 1449], and not before, and last perpetually and forever afterwards.
The kyng hath graunted þis peticion as it is desired, to endure unto the next parlement and so fourth, olesse þen at þe seid next parlement therbe aleggid, shewed and proved cause resonable, for the which it shal be thought not expedient þat it so shall endure. (fn. v-141-129-1) The king has granted this petition as it is desired, to remain in force until the next parliament and so forth, unless there is reasonable cause alleged, showed and proved at the said next parliament as a result of which it shall be thought unwise for it to remain in force. (fn. v-141-129-1)
VII. [Pardons to priests.] VII. [Pardons to priests.]
25. < Priests. > Also preyen the communes: for asmoche as in diversez parties of this realme, many prests aswell seculer as religiouse, bene grevously vexud and troubled wrongwesly, by diverse enditements of felonye, to their full grete hurt, a yeynst feith and conciens, for synguler lucre of other persones, and not for youre availle. 25. Priests. Also, the commons pray: considering that many priests in several parts of this realm, both secular and religious, have been grievously vexed and wrongly troubled by various indictments for felony, to their very great harm, contrary to faith and conscience, for the personal profit of other persons, and not for your advantage.
< þat it > please youre highnesse of youre influent grace, by the auctorite of þis youre parliament, to pardon and acquite all and every prest, aswell religiouse as seculer, of almaner feloniez of rape, done byfore the first day of June next comyng. And also to pardon and relese, by the auctorite of the same parlement, to all and everych prest seculer, stipendarie anuell, all þat longeth [p. v-153][col. a] or apperteineth to youe, by wey of forfeiture of everich of theim, byfore the said first day of June, because of takyng excessious selarie, contrarie to the statutes theruppon made; and þat everich of theim may have charters of pardon, withoute any fine or fee here uppon, sufficiantz for theire discharge; for the whiche we youre trewe liege men, to the helpe and relieff of youre necessite, by the assent of the lordes spirituell and temporell of this youre realme, graunten to you oure sovereigne lord, a subsidie to be take and rerud of all maner prests seculers, stipendiaries, and chaunterie prestes within þis youre realme, þat is to sey, of every prest .vi. s, .viij. d., to be payed to you at the fest of Seint Martyn in wynter next commyng. May it please your highness from your abundant grace, by the authority of this your parliament, to pardon and acquit each and every priest, both religious and secular, of all manner of felonies for rape committed before the next 1 June coming [1449]. And also to pardon and release, by the authority of the same parliament, to each and every secular priest with an annual stipend all that belongs [p. v-153][col. a] or appertains to you by way of forfeiture of every one of them before the said 1 June, because of taking an excessive salary, contrary to the statutes made thereupon; and that each of them may have charters of pardon, without any fine or fee thereupon, sufficient for their discharge; for which we your true liegemen, for the aid and relief of your need, by the assent of the lords spiritual and temporal of this your realm, grant a subsidy to you our sovereign lord to be taken and raised from all manner of secular priests, stipendiaries and chantry priests within this your realm, that is to say, 6 s . 8 d . from every priest to be paid to you at the next following Martinmas.
At the reverence, of, and for the love and tendernesse þat the kyng hath to the churche, and to the ministres [col. b] of the same, he woll þat þis bille, (fn. v-141-136-1) as to the imposicion þat shuld be to the seculer prestes of this roialme not beneficed, as stipendaries, and chaunterie prestes, be committed to the archiebisshoppes and bisshoppes, in þe convocations of the clergies of this roialme, be cause it touchith the immunite and liberte of the chirch; the whiche kyng intendith to kepe with oute hurt or prejudice in all wyse. And as touchyng the pardon conteyned in this bille, in cas þe nobles of the saide preestes be grauntid to hym in the seide convocations: then the kyng woll, that the seid pardon stonde in his vertu and strenght, withoute fyne or fee paiyng therfore, by auctorite of this present parlement. For the honour of and for the love and tenderness that the king has for the church, and for the ministers [col. b] of the same, he wills that this bill, (fn. v-141-136-1) as regards the imposition that should be made on the secular, unbeneficed, priests of this realm, and on stipendiary and chantry priests, shall be committed to the archbishops and bishops in the convocations of the clergy of this realm, because it touches the immunity and liberty of the church, which the king intends to protect without harm or prejudice in all ways. And as regards the pardon contained in this bill, in the case that payments of nobles from the said priests are granted to him in the said convocations, the king wills that the said pardon shall remain in its virtue and strength, without paying a fine or fee for this, by the authority of this present parliament.

Appendix February 1449

Westminster

12 February - 4 April, 7 May - 30 May

Winchester

16 June - 16 July

1

Memorandum that on 20 March 1449 there were present in the chamber of parliament these lords following: the cardinal of York, the archbishop of Canterbury, the duke of Suffolk, the bishops of Winchester, Carlisle, Rochester, Ely, Salisbury, Bath, Chichester, Norwich, Coventry and Bangor, the earls of Arundel and Salisbury, Viscount Beaumont, the abbots of St Albans, Gloucester, Peterborough, and Winchcombe, Lords Cromwell, Dudley, Sudley, Say, Stourton, and Vescy.

The question is whether the earl of Arundel in the parliament held 12 Henry VI should there be earl by new creation, or else by admission to his old inheritance.

Lord Hastings and Lord Say think it no new creation, but affirm the old title.

Lord Stourton and Lord Dudley affirm according to the same, that my lord of Arundel should have the said earldom by inheritance and not by a new creation.

Lord Cromwell thinks the same, that it should be no new creation but admission to his former state.

The abbots of Winchcombe and Peterborough agree with Lord Cromwell.

The abbots of Gloucester and St Albans agree.

Viscount Beaumont thinks the same

The earl of Salisbury the same

The bishops of Bangor, Chester, and Norwich the same

The bishop of Winchester of the contrary opinion

The bishops of Bath, Ely, and Salisbury hold the first opinion

The bishops of Rochester and Carlisle agree with the first opinion.

Memorandum the 21st of March these lords were present: The archbishop of Canterbury, the duke of Buckingham, the bishops of Winchester, Lincoln, Carlisle, Ely, Rochester, Bath, Chichester, Norwich, and Coventry, the earls of Arundel and Salisbury, Viscount Beaumont, the abbot of Gloucester, Lords Cromwell and Sudeley.

Memorandum the 24th day of March these lords following were present: The Cardinal of York, the Archbishop of Canterbury, the dukes of Buckingham and of Suffolk, the bishops of Winchester, Carlisle, Rochester, Ely, Bath, Chichester, Norwich, and Coventry, the earl of Salisbury, Lords Cromwell, Sudley, Vescy, and Bonville.

Be it remembered that on 4 April there were present in the chamber of parliament the lords whose names follow: the archbishop of Canterbury, the duke of Buckingham, the duke of Suffolk, the earl of Arundel, viscount Bourchier, the bishop of Winchester, the bishop of Rochester, the bishop of Carlisle, the bishop of Llandaff, the bishop of Chichester, the bishop of Norwich, the bishop of Coventry, the abbot of Gloucester, Lord Audeley, Lord Sudeley, Lord Stourton.

Let it be remembered that on the same 4 April the king by the advice of the lords spiritual and temporal in this his present parliament agreed and wills that certain assignment be made by the lord treasurer of England and the chamberlains of the Exchequer out of the first moneys that come from the half fifteenth and half tenth granted by the commons of this land to the king in his parliament, as follows:

First, £1,000 to be paid out in the wages to the soldiers of Calais

also £1,000 for the victualling and artillery of the same town

also £100 for wages and artillery to the treasurer of Calais

also £1,000 for the keeping of the east march towards Scotland

also £1,000 for the keeping of the west march towards Scotland

also 500 marks for Roxburgh

also 500 marks for Le Crotoy

also £2000 for the keeping of the sea.

Source : College of Arms MS 2 H13, f.390, printed in A. R. Myers, 'A parliamentary debate of 1449', BIHR , 51 (1978), 81-2. The text down to the end of the list of lords present on 24 March is also found in identical wording in British Library Lansdowne MS 229. See also R. Virgoe, 'A list of Members of the Parliament of February, 1449', BIHR , 34 (1961), 200-10.

2

In the parliament at Winchester in the time of Henry VI.

The cardinal [archbishop of York], archbishop of Canterbury, bishop of Winchester, bishop of Carlisle, bishop of Llandarf, bishop of Bath, bishop of Worcester, bishop of Chichester, bishop of Norwich, bishop of Chester [sic], bishop of Coventry, bishop of Bangor, abbot of Westminster, abbot of Gloucester, earl of Warwick, earl of Devon, earl of Wiltshire, viscount Beaumont, viscount Bourchier, duke of Suffolk, prior of St John of Jerusalem in England, Lord Roos, Lord Grey of Ruthin, Lord Groby, Lord Moleyns, Lord Dudley, Lord Lisle, Lord Cromwell, Lord Sudeley, Lord Stourton, Lord Southwick.

Collected and noted by Garter.

The question is how money might be had in order to send armies into Normandy and Guyenne.

Lord Stourton thinks that there should be commissions of oyer and terminer to enquire into murders and riots against the peace, and also into liveries, and that every sheriff should certify to the commissioners all the names of knights, esquires and other men of might within his shire so that they can know whom they can empanel of those who are sufficient.

Lord Sudeley and Lord Cromwell think that proper justice should be had and a firm agreement between the lords first.

The bishop of Chichester thinks there are two ways to have money. The first is that all those who have a livelihood be obliged to give the value of that livelihoood to defend the lands. Also those who have grants and annuities by the king's grants should give a year's value of the grant and annuity in advance in order to help in sending armies for the defence of that country.

The bishop of Norwich and the bishop of Chester are of the opinion that impartial justice should be had and that half of the archers of the shire levies should be sent over financed by the grants that have been made to the defence of those areas.

The bishop of Bath and the bishop of Worcester are of the same opinion.

The bishop of Salisbury and the bishop of Ely are of the opinion that precedents in such matters should be seen.

The lord Treasurer thinks that the diligent attention which the lords have given to this matter both regarding ordnance and men to be sent over and in investigating the ways in which money could be had for them to be sent over should be put before the commons. If entreated to consider this great diligence, they would then act benevolently in seeing how money might be found the fulfil the purpose of sending over the said armies.

The lord of Winchester is of the opinion that proper justice should be carried out and then other archers of the shire levy should be used.

The lord Cardinal and the lord of Suffolk are of the same opinion.

The conclusion of this discussion is to take the usual grant of money for the defence of the land.

Also on this day the letter which Sir François l'Arragonais [de Surienne] had sent to the duke of Suffolk was read before the lords in the parliament, and was considered to be nobly written.

Source : British Library Harleian MS 6849, f. 77r-v, printed in A.R. Myers, 'A parliamentary debate of the mid-fifteenth century', Bulletin of the John Rylands Library , 22 (1938), and in W. H. Dunham. 'Notes from the parliament at Winchester, 1449', Speculum, 17 (1942), 402-4.

3

On 19 June in the chamber of the parliament at Winchester.

The question was put forward concerning how money might be had in order to send armies into Normandy and Guyenne.

Lord Stourton thinks that there should be commissions of oyer and terminer to enquire into murders and riots against the peace, and also into liveries, and that every sheriff should certify on the same.

Lord Sudeley and Lord Cromwell think that proper justice should be had and a firm agreement between the lords first.

The bishop of Chichester thinks there are two ways to have money. The first is that all those who have a livelihood overseas [i.e.in Normandy] should give a year's worth of that value to defend the lands. Also those who have grants and annuities by the king's grants should give a year's value of the same in order to help in sending armies for the defence of the country.

The bishop of Norwich and the bishop of Chester are of the opinion that impartial justice should be had, and that half of the archers should be sent over financed by the grants that have been made to the defence of those areas.

The bishop of Bath and the bishop of Worcester are of the same opinion.

The bishop of Salisbury and the bishop of Ely want precedents seen of such matters.

My lord Treasurer thinks that the diligent attention which the lords have given to this matter should be discussed with the commons.

The lord of Winchester is of the opinion that if proper justice was carried out, they might ordain further archers of the shire levy.

The lord Cardinal and the lord of Suffolk are of the same opinion.

The conclusion of the discussion is to take the usual means of granting money for the defence of the land.

Assignments were made to the treasurer and chamberlains of the Exchequer from the first moneys arising from the half fifteenth and tenth granted by the commons in this parliament to be paid out in the way which follows:

first, £1,000 to be paid out in the wages to the soldiers of Calais

also £1,000 for the victualling and artillery of the same town

also £100 for wages and artillery to the treasurer of Calais

also £1,000 for the keeping of the east march towards Scotland

also £1,000 for the keeping of the west march towards Scotland

also for Roxburgh 500 marks

also 500 marks for Le Crotoy

£2,000 for the keeping of the sea.

Source : Huntingdon Library, San Marino, CA, Huntingdon MS 202, f. 30v-31r, printed in R.A. Griffiths, 'The Winchester session of the 1449 parliament: a further comment', Huntingdon Library Quarterly , 42 (1979), 189-91. The same text with only marginal differences of expression is also to be found in British Library Harleian MS 78, f.1, printed in A. R. Myers, 'A parliamentary debate of 1449', BIHR , 51 (1978), 82.

4

Petition of John Paston

To the king our sovereign lord and to the right wise and discrete lords assembled in this present parliament

Beseeches meekly you humble liege man John Paston that he and others enfeoffed to his use have peacefully possessed the manor of Gresham within the county of Norfolk for 20 years or more until the 17 February in the 26 th year of your reign, when Robert Hungerford, knight, lord Moleyns, entered into the said manor, and how John Paston, after the entry, sued the lord Moleyns and his counsel in most lowly manner that he could, daily from the time of the said entry until Michaelmas next, during which time various communications occurred between the counsel of the said lord and the counsel of your said beseecher, and in so much as in the communications no title of right was shown at any time for the said lord which was not fully and clearly answered, so that your said lord's counsel remitted to your said beseecher to sue the said lord for his final and proper answer, and after the suit made against the said lord by your said beseecher, at Salisbury and elsewhere, at his great cost, but without any answer but only delays, which caused your said beseecher on 6 October to have to inhabit a mansion within the said town, keeping his possession thereof until 28 January last, when the said lord sent to this mansion riotous people numbering a thousand persons with blanket bends of a sute as men rising against your peace, arrayed in manner of war with cuirasse, brigandines, jacks, salettes, glaives, bows, arrows, pavis, guns, pans with fire, and teynes brennyng therin, long crowbars to pull down houses, ladders, pickaxes with which they mined down the walls, and long trees with which they broke up gates and doors and so came into the said mansion. The wife of your said beseecher was there at the time with 12 people in her company, whom they drove out of the said mansion and mined down the wall of the chamber in which was the wife of your beseecher, and carried her out of the gates and cut asunder the posts of the house and let them fall down and broke up all the chambers and coffers within the said mansion and rifled and in the manner of a robbery bore away all of the stuff, array, and money that your said beseecher and his servants had there to the value of £200, selling part of it and giving the other part away, the rest they divided between them to the great and outrageous damage of your said beseecher, saying openly that if they had happened to find there your said beseecher and John Dam who was his counsel, and other servants of your said beseecher, they would have died. And still several of the miscreants and unknown riotous people, contrary to your laws, daily keep the said manor with force and lie in wait for the friends, tenants, and servants of your said beseecher, and grievously vex and trouble them in various ways, and seek them out in their houses, ransacking and searching their sheafs and straw in their barns and other places with spears, swords and gisarmes, so that they might have slain any they might have found, and some have been beaten and left for dead so that they, for fear of their lives, dare not go home to their houses nor engage themselves in husbandry, to the great hurt, fear and dread not only of your said beseecher but also of his friends, tenants and servants. And also that they compel poor tenants of the said manor, now within their daunger , to take against their will feigned complaints in the courts of the hundred there against the said friends, tenants and servants of your said beseecher, who dare not appear for fear of bodily harm, nor can get any copies of the said complaints to remedy them through the law, because the man who keeps the courts is in cahoots with the said misdoers and was one of the people who rose up and who by virtue of the said complaints grievously amerced the said friends, tenants, and servants of your said beseecher to their outrageous and unbearable hurt.

May it please your highness, considering that if this great insurrection, riots and wrongdoing and the daily continuance of the same, so heinously committed against your crown, dignity and peace, are not by your high might duly punished, it shall give great boldness to them and all other evildoers to make congregations and conventicles in riotous fashion, unable to be arrested, to the subversion and final destruction of your liege people and laws; and also how your said beseecher is not able to sue the common law in redress of this heinous wrong because of the great might and alliance of the said lord; and also that your said beseecher can have no action by your law against the said riotous people for the good and chattels which they so riotously and wrongfully took and bore away, because the said people are unknown to him in terms of their names and their persons, to provide, by the advice of the lords spiritual and temporal assembled in this present parliament, that your said beseecher may be restored to the said good and chattels which were riotously taken away and that the said Lord Moleyns be commanded that your said beseecher should not be, with the use of force in the manner of war, kept out of his manor contrary to all your statutes made against such forcible entries and withholding, and that Lord Moleyns and his servants be placed under such a rule that your said beseecher, his friends, tenants and servants, may be safe and sure from damage to their persons and peacefully occupy their lands and tenements under your laws without oppression or unrightful vexation towards any of them, and they the said uprisers and causers of the same might be punished so that others may eschew the making of any such uprising in this your land of peace in the future, And he shall pray to God for you.

Source : British Library Additional Charter 17,240, printed in N. Davis, Paston Letters and Papers , I.51-3. Original in Middle English. Moleyns had driven John Paston out of the manor of Gresham on 17 February 1448. The attack on Margaret Paston occurred on 28 January 1449. Thus the petition was probably presented to the February 1449 parliament although it is not clear in which session.

5

Grant to the duke of Somerset in repayment of a loan of 2500 marks for the defence of England from the second part of a moiety of a tenth and fifteenth granted in the present parliament and to be paid at Michaelmas 1450. By king and council in parliament. Dated 28 May 1449.

Source : CPR 1446-52 , 219

6

Grant by advice of the lords in the last parliament to Gervase Clifton in payment of a loan of £1,000 made by him for the defence of the realm according to an act in the same parliament from the subsidies on merchandise brought into the port of Sandwich. By king and council with the authority of Parliament. Dated 12 August 1449.

Source : CPR 1446-52 , 278.

7

Grant by advice and assent of the lords spiritual in the last parliament to the duke of Suffolk of £1000 in payment of a loan of the said sum from the first part of the second moiety of the tenth and fifteenth granted in the said parliament due in November 1449, and from the first part of a tenth granted by the clergy of the province of Canterbury due in March 1450. By king and council with the authority of parliament. Dated 22 August 1449.

Source : CPR 1446-52 , 268

8

Grant by the advice and assent of the lords spiritual and temporal in the last parliament to the archbishop of Canterbury, Henry, duke of Exeter, William, duke of Suffolk, Anne, duchess of Exeter, Richard Cowdray, clerk and Richard Joynour of London, grocer in payment of a loan of £5,970 according to an act in the said parliament from the first issues of the customs or subsidies on wools, woolfells in the ports of Ipswich and London, and if in the present parliament or convocation of the province of Canterbury any grant be made whence they could have prompter payment they shall have such payment on surrender of these present letters. Dated 20 January 1450.

Source : CPR 1446-52 , 332. Possibly belongs to Parliament of November 1449.

9

Petition in English to the king by John Talbot, son and heir of John, Talbot, earl of Shrewsbury, concerning his tenure of the office of chancellor of Ireland, which he wishes to have confirmed given that other letters have appointed Thomas FitzGerald to the same office.

Reply is given that the king by the assent of the lords grants that John Talbot should have this office.

Source : PRO SC 8/27/1345, printed in full in RP , V.166-7. Exemplification of his petition made in parliament, dated 4 April 1449, in CPR 1446-52 , 260.

10

Petition in English to the king by William Brocas, master of the buckhounds, concerning his wages.

Reply is given that it should be as is desired, according to a schedule attached.

Source : PRO SC 8/27/1346, printed in full in RP , V.167-8. Grant made by King and council in parliament, dated Winchester, 5 July 1449, CPR 1446-52 , 241. For Brocas's career, see HOC , II.363-4.

11

Petition in English to the commons concerning the statute made under Henry IV (1402) concerning alien merchants, who were thereby obliged to purchase English merchandise with the profits of their own sales and not to carry out gold and silver from the realm, noting that this has not been upheld and requesting new controls.

Endorsed: let it be sent to the lords. Reply is given that it should be as is desired, to last until the next parliament. At the end of the schedule attached to it is the note: 'As to all the matter contained in the schedule, not included within the bill to which this schedule is annexed, the commons are not in assent'.

Source : PRO C 49/27/16, with schedule at /17, printed in full in RP , V.155-6.

12

Petition in English of the commons concerning William Gervais who had claimed to be the king's courser and had horses to the king's use by virtue of this position, requesting that the office of courser be annulled and that limitations be placed upon the taking of horses for the king's use.

Endorsed: let it be sent to the lords. Reply is given that the king will consider this further.

Source : C49/27/15, printed in full in RP , V.154. [This might well be a reaction to his powers to purvey horses accorded in January 1448, CPR 1446-52 , 118.]

13

Petition in English to the commons concerning those of Wales and the duchy of Lancaster who take distraints when they have no power to do so.

Endorsed: let it be sent to the lords. Reply is given that the king will consider this further.

Source : PRO SC 8/27/1341, printed in full in RP , V.154-5. (A common petition to this end was approved in the parliament of November 1449 item 55, but the endorsement of this present petition implies that it cannot be the original submitted in that parliament. A similar petition relating solely to Wales had been put forward as a common petition in 1447, Parliament of 1447, item 20).

14

Petition in English to the commons concerning the search and examination which should be made by customs officials and mayors, bailiffs and portreeves of the merchandise of alien merchants at their entry to the realm.

Source : PRO C 49/27/17, printed in full in RP , V. 156-7, and in part in Anthology of Chancery English , 263-4. Undated but may relate to parliament of February 1449.

15

Petition in English to the commons by the people who live in the Isle of Ely concerning a dispute with the people of Cambridgeshire over the payment of wages and expenses of the knights of the shire chosen to the county, where agreement had been reached that those of the Isle of Ely would pay £200 in order that in future the expenses would be met entirely by those living elsewhere in the shire, now requesting that the people of the Isle of Ely should thus henceforth be quit of any contribution.

Endorsed: let it be sent to the lords. Reply is given that the king wills it.

Source : PRO SC 8/27/1342, printed in full in RP , V.157. Undated but may relate to parliament of February 1449. This matter had already come before the parliament of 1431 (Parliament of 1431, item 46).

16

Petition in English by the sergeants, gentlemen and yeomen of the king's household concerning payment of their wages. As these were normally to be paid out of the customs, there had been difficulties because of the changing of the customs officials. Thus it is requested that the wages should be met out of the profits of wardship, marriages and reliefs coming to the crown.

Endorsed: let it be sent to the lords. Reply is given that it should be as is desired saving the king's right to restrain this grant for good reason between now and next Lammas. A schedule is attached which the commons approved.

Source : PRO SC 8/27/1343 printed in full in RP , V.157-8. This petition refers to Roger Fiennes as late treasurer of the household. He held this office until November 1446. This petition may thus date to the parliament of 1447 but more likely belongs to that of February 1449.

17

Petition in English to the commons by the priests and clerks of the king's chapel concerning sums due to them in arrears of their wages. As these were normally to be paid out of the customs, there had been difficulties because of the changing of the customs officials. Thus it is requested that the wages should be met out of the profits of wardship, marriages and reliefs coming to the crown.

Endorsed: let it be sent to the lords. Reply is given that it should be as is desired saving the king's right to restrain this grant for good reason between now and next Lammas.

Source : PRO SC 8/27/1344, and C 49/27/18, printed in full in RP , V.158-9. This petition refers to Roger Fiennes as late treasurer of the household. He held this office until November 1446. This petition may thus date to the parliament of 1447 but more likely belongs to that of February 1449.

18

Petition in English by John Bury, one of the sergeants-at-arms of the king, who had been granted the office by letters patent dated 26 May 1447 in return for his good service in France where he had been taken prisoner, concerning non payment of wages.

Endorsed: let it be sent to the lords. Reply is given that it should be as is desired.

Source : PRO SC 8/105/5220, printed in full in RP , V.158-9. As the original grant is dated 26 May 1447 ( CPR 1446-52 , 38), the first parliament this petition could be presented to is that of February 1449.

19

In Latin, the king wills that letters patent be made to the archbishop of Canterbury and others granting them various manors in the duchy of Lancaster.

Endorsed: let it be sent to the lords. Reply is given that the king with the advice of the lords and commons grants this petition.

Source : PRO C 49/27/22, printed in full in RP , V.165-6. As those to whom letters were granted includes the speaker of the parliament of February 1449, John Say, and his brother, it likely relates to this parliament.

20

Petition of Robert Belingham, of Burneside, Westmorland, gentleman, Thomas Belingham of the same, gentleman, one of the burgesses of the present parliament, Robert Dickenson late of the same, yeoman, Thomas Strickland, late of Brandreth in the same county, yeoman, and John Selinger, late of Shute in the county of Devon yeoman, concerning a process ordered against them in the parliament in March 1446 at the petition of Sir Thomas Parr, one of the knights of the shire in this present parliament for Cumberland, because of their alleged attack on Sir Thomas. They were summoned to be arrested, and an act was made against them on 12 April 1446 in the case of their non-appearance. Although the parties had not made an appearance as required, they had now come to an agreement with Sir Thomas, and so request that the act should be repealed.

Endorsed: let it be sent to the lords. Reply is given that the king agrees to the petition under certain conditions concerning the rights of the lords of any of the parties to escheats by virtue of attainders or processes against the parties.

Source : PRO SC 8/27/1348, printed in full in RP , V.168-70. (See Parliament of 1445, item 41 and Appendix item 6). I am grateful to Dr Linda Clark for the dates of the process and act.

21

Letters patent concerning change to the dower arrangements for Queen Margaret, with a schedule attached, made with the assent of the lords spiritual and temporal and the commons of this present parliament..

Endorsed: let it be sent to the lords. Reply is given that the king assents to this act.

Source : PRO C 49/27/21, printed in full in RP , V.164-5. This cites the initial grant made in the parliament of 1445, and makes amendments to it.

22

Petition in English to the king by the commons that by the advice of the lords and the authority of parliament he should grant his letters patent to the provost and college of St Mary at Eton according to the terms in an annexe attached, which concern the property holdings of the college.

Endorsed: let it be sent to the lords. Reply is given in English that this petition should be granted by the authority of parliament, given that the college was of the king's foundation and for the devout zeal which he has towards the church as well as for the reverence of God and the Virgin Mary.

Source : PRO C49/27/19, printed in full in RP , V.159-61.

23

Petition in English to the king by the commons that by the advice of the lords and the authority of parliament he should grant his letters patent to the provost and scholars of the college of St Mary and St Nicholas at Cambridge, according to the terms in an annexe attached, which concern the property holdings of the college.

Endorsed: let it be sent to the lords. Reply is given in English that this petition should be granted by the authority of parliament, given that the college was of the king's foundation and for the devout zeal which he has towards the church as well as for the reverence of God and the Virgin Mary.

Source : PRO C 49/27/20, printed in full in RP , V.161-4.

Footnotes

  • intF1449-1. W. H. Dunham, 'The "Books of the Parliament" and "The Old Record", 1396-1504', Speculum , 51 (1976), 694-712. See also W. H. Dunham, 'Notes from the parliament at Winchester, 1449', Speculum , 17 (1942), 402-15; A. R. Myers, 'A parliamentary debate of the mid-fifteenth century', Bulletin of the John Rylands Library , 22 (1938), 388-404; A. R. Myers, 'A parliamentary debate of 1449', BIHR , 51 (1978), 79-82; R .A. Griffiths, 'The Winchester session of the 1449 parliament: a further comment', Huntingdon Library Quarterly , 42 (1979), 181-91.
  • intF1449-2. Benet, 195.
  • intF1449-3. Watts, Henry VI and the Politics of Kingship , 244.
  • intF1449-4. For a detailed account, see Wolffe, Henry VI , 191-207.
  • intF1449-5. RDP , IV.918-22, CCR 1447-54 , 105-7.
  • intF1449-6. Wedgwood, Register , I.103, claimed to have identified 274 members. I am grateful to Dr Linda Clark for information on numbers of known MPs.
  • intF1449-7. RDP , IV.919. The writ of summons for de Vescy contained the unique clause that the barony should be hereditary to the heirs male of his body: CP , XII.284. I am grateful to Dr Linda Clark for information on the parliamentary careers of Thomas, Lord Hoo, and William, Lord St Amand.
  • intF1449-8. CCR 1447-54 , 107. For Bonville's parliamentary career, see HOC II.284-8.
  • intF1449-9. Benet, 195.
  • intF1449-10. POPC , VI.65-6.
  • intF1449-11. Johnson, Duke Richard of York , 73.
  • intF1449-12. Roskell, 'Problem of attendance', 188.
  • intF1449-13. Roskell, Commons and their Speakers , 231-3, and his 'Sir John Say of Broxbourne', East Hertfordshire Archaeological Society Transactions , XIV, part. 1 (1959), 20-41.
  • intF1449-14. Griffiths, Reign of Henry VI , 428.
  • intF1449-15. For appointment of collectors, noting the parliamentary grant, see CFR 1445-52 , 113-4 (1 July 1449), 136-9 (15 Nov. 1449), CFR 1452-61 , 5-8 (8 Nov. 1452), 60 (18 Sept. 1453)
  • intF1449-16. For appointment of collectors see CFR 1445-52 , 123-31 (8 Aug. 1449), and of assessors of distribution of reductions, 120-23 (1 Aug. 1449).
  • intF1449-17. Griffiths, Reign of Henry VI , 421.
  • intF1449-18. CPR 1446-52 , 219. This was granted 'by king and council in parliament'. Repayment was also ordered on 12 August 1449 to Gervase Clifton of his loan of £1,000 'by king and council with the authority of parliament': CPR 1446-52 , 278.
  • intF1449-19. CPR 1446-52 , 268, 22 August 1449.
  • intF1449-20. Wilkins, Concilia , III.556-67. A number of pardons to individual clergy noting parliament's decision are found in CPR 1446-52 , 302. For appointment of collectors, reciting the grant 'for the more abundant relief of the king's needs and in consideration of the grace and pardon granted in the last parliament', see CFR 1445-52 , 139-42 (18 Oct. 1449).
  • intF1449-21. For appointment of collectors noting parliamentary grant see CFR 1445-52 , 191-3 (21 Sept. 1450), 233-4 (28 Oct. 1451), CFR 1452-61 , 5-8 (8 Nov. 1452), 60 (18 Sept. 1453)
  • intF1449-22. On 24 July 1449 confirmation was issued of the grant by the advice of the lords in parliament that the merchants of Lincoln could ship 60 sacks of wool without paying subsidy: CPR 1446-52 , 280.
  • intF1449-23. POPC , VI.65.
  • intF1449-24. A. R. Myers, 'A parliamentary debate of the mid-fifteenth century', Bulletin of the John Rylands Library , 22 (1938), 398.
  • intF1449-25. M.K. Jones, 'The Beaufort Family and the War in France', unpublished PhD thesis, University of Bristol, 1982, 256.
  • intF1449-26. PRO E 101/71/4/923. The full number could not be found. A company of 55 men-at-arms and 408 archers mustered under the command of Sir William Peyto at Winchelsea on 31 July: E101/54/11.
  • intF1449-27. M. H. Keen and M. J. Daniel, 'English diplomacy and the sack of Fougères in 1449', History , 49 (1974), 375-91.
  • intF1449-28. College of Arms MS 2 H13, f. 390r, printed in A. R. Myers, 'A parliamentary debate of 1449', BIHR , 51 (1978), 81-2: Parliament of February 1449, Appendix item 1.
  • intF1449-29. POPC , VI.84.
  • intF1449-30. POPC , VI.69-73, quote at 71.
  • intF1449-31. POPC , VI.81.
  • intF1449-32. British Library Additional MS 43,488 f. 52, printed in N. Davis (ed.), Paston Letters and Papers of the Fifteenth Century , vol. 2 (Oxford, 1976), 521.
  • intF1449-33. Griffiths, Reign of Henry VI , 318.
  • intF1449-34. Griffiths, Reign of Henry VI , 261.
  • intF1449-35. Griffiths, Reign of Henry VI , 321.
  • intF1449-36. Flenley, Six Town Chronicles , 125. A writ de expensis gives expenses only to 4 July 1449 (PRO E13/145a, rot. 39). I am grateful to Dr Hannes Kleineke for this information. See also his Appendix 3 in Parliamentarians at Law , Parliamentary History Texts and Studies, 2, 2008, p. 415.
  • intF1449-37. British Library Additional Manuscript 11,509, folios 12-12v.
  • v-141-33-1. PRO C49/27/2.
  • v-141-38-1. PRO C49/27/3.
  • v-141-44-1. PRO C49/27/4.
  • v-141-52-1. PRO C49/27/5.
  • v-141-57-1. PRO C49/27/6.
  • v-141-62-1. PRO C49/27/7, 8.
  • v-141-93a-1. SR , I. ?? (statute 2).
  • v-141-96-1. PRO C49/27/11; SR , II.348-9 (c. ii).
  • v-141-102-1. PRO C49/27/12; SR , II.345-6 (c. i).
  • v-141-105-1. Parliament of 1442, item 20; SR , II.317-8 (c. iv).
  • v-141-109-1. SR , II.351 (c. iv).
  • v-141-119-1. Parliament of 1421, item 15; SR , II.208 (c.ix).
  • v-141-125-1. Matthew 19:17.
  • v-141-125-2. Jeremiah 11:31.
  • v-141-129-1. PRO C49/27/13; SR , II.351-2 (c. v).
  • v-141-136-1. PRO C49/27/14, printed in Anthology of Chancery English , 262-3; SR , II.352 (c. vi).