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Richard II: January 1397

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

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1397 January

Introduction January 1397

Westminster

22 January - 12 February

(C 65/56. RP , III.337-346. SR , II.92-94)

C 65/56 is a roll of six membranes, each approximately 285mm in width, sewn together in chancery style, and numbered in a later hand. The condition of the roll is fairly good, though membranes 5, 4, 2, and 1 are stained with gallic acid, and membranes 6 and 1 have been damaged and torn. The text, written in the official script of several scribes, occupies the rectos of the membranes only; the dorses are blank apart from a later heading, 'Parliamentum de anno 20 R. 2 di ', and later notes where the membranes are joined, 'Parliament' 20 R. 2 pars unica'. The lower halves of membranes 6, 3, and 2 are blank. The Arabic numerals are of a later date. The marginal notes are both contemporary and of a later date. The roll appears to be complete.

In 1396, the long search for a settlement of Anglo-French relations at last reached fruition - or, at least, fruition of a sort, for although the two sides still found themselves unable to agree a form of wording sufficiently binding to form the basis of a peace treaty, they did agree to proclaim a truce for no less than twenty-eight years, during which it was hoped that a final treaty would eventually be sealed. To cement the truce, moreover, it was agreed that Richard, now aged twenty-nine and a widower for two years, would marry Isabelle, the seven-year-old daughter of King Charles VI of France. The formalities were concluded at Ardres, near Calais, between 27 and 30 October 1396, where, amid great pomp, Richard and Charles met for the first time and the English king took possession of his young bride. On 4 November, in the church of St Nicholas at Calais, he married her; after a few more days of celebrations they returned to England, and on 30 November writs were issued summoning a parliament to meet at Westminster on 22 January 1397. (fn. J1397int-1)

One reason why Richard needed to call a parliament was because the grants of the wool subsidy and tunnage and poundage expired in November 1396, and parliamentary consent was required to renew them (although Richard clearly, and correctly, anticipated that they would be renewed, for on 21 November he ordered the collectors of customs in all ports to take security from exporting merchants that they would pay the subsidies retrospectively should they be granted at the next parliament). (fn. J1397int-2) However, there were other reasons too why Richard needed to summon a parliament, the most pressing of which was because one of the agreements he had made with Charles VI at Ardres was for a joint Anglo-French expedition against Milan in the spring of 1397. Ostensibly, this was intended to help with the process of healing the papal schism, but there were many in both England and France who were clearly sceptical about this. Nor, indeed, was the Anglo-French truce universally popular in itself: the duke of Gloucester and the earl of Arundel certainly opposed it, and there seem to have been several others who agreed with them. Richard's ministers probably anticipated an uncomfortable session, therefore, and they were right to do so.

The list of abbots and priors summoned was exactly the same as for the parliament of January 1395. Among the bishops, there had been a number of deaths and translations during the previous two years, several of which had been filled by clerical supporters of the king such as Tideman of Winchcombe, the new bishop of Worcester, and John Burghill, the king's confessor and new bishop of Llandaff. Thomas Arundel, who had been provided to the archbishopric of Canterbury on 25 September 1396 following the death of William Courtenay (archbishop since 1381), was actually summoned under his former title of archbishop of York, although by the time the parliament met he had received his temporalities, while the new archbishop-elect of York, Robert Waldby, the king's physician, still seems to have been summoned by his former title of bishop of Chichester. Among the lords temporal, there were three new summonses - William Ferrers of Groby, Robert Scales and Thomas Despenser - all of whom had recently come of age and were the sons of previously-summoned peers. The names of almost all the members of the commons have also been preserved: 251 of the burgesses, and all seventy-four knights of the shire. (fn. J1397int-3)

Although there had undoubtedly been disagreements between the king and the commons over matters of policy during some of the parliaments of the early 1390s - on the question of papal provisions, for example, or, especially in January 1394, on the question of the draft Anglo-French treaty - it is generally acknowledged that the parliament of January 1397 witnessed a revival of political tension such as had not been seen since some of the parliaments of the 1380s, and that it marked an important stage along the road to the so-called 'tyranny' of the last two years of Richard's reign. (fn. J1397int-4) The session opened, as planned, on Monday 22 January, when Edmund Stafford, bishop of Exeter, who had replaced Thomas Arundel as chancellor on 15 November 1396, gave the opening speech. There was little in it to suggest what was to come: although he reminded the commons of the continuing cost of defending Ireland, Gascony, Calais and the Scottish marches, for the most part his speech consisted of a recitation of the customary platitudes on the themes of justice, peace and the defence of the church and kingdom (Items 1-2). On the following day, once the commons had presented Sir John Bussy of Lincolnshire as their Speaker, came the first hint that more serious matters were about to be broached: the commons were asked to assemble once more, at eight o'clock the next day, to have the reasons for the summoning of parliament explained to them in greater detail, while the lords were specifically ordered not to absent themselves.

On the morning of Wednesday 24 January, therefore, in the refectory of Westminster abbey, what was in effect a second opening session was held, at which the king's officers and councillors explained to the commons what was required of them. The roll does not record what was said, but there is no doubt (to judge from what followed) that the principal request that was put to them was for their approval - and, of course, their financial support - for the proposed expedition against Milan agreed by Richard II and Charles VI at Ardres. The commons' response immediately betrayed their concern: they asked that those lords who were absent should be sent for. The chancellor replied that this would cause too long a delay, but that those who were 'nearby' would be summoned as soon as possible. Whether or not some form of 'intercommuning' between lords and commons took place as a result of this, it is clear that by the next morning rumours of the commons' unease had reached the king's ears, for on the Thursday morning a further plenary session of the parliament was held, in which the commons were obliged to come before the king and lords to explain that it was not true, as they had heard that the king had been informed, that they were opposed to the proposed Milanese expedition. Nevertheless, they went on, they did not wish to be charged or burdened as a result of any such expedition. In other words, if Richard wished to despatch an English force to Milan, he would have to pay for it himself.

Eventually, as will be seen, Richard was forced to abandon his Milanese proposal, but for the moment he seems to have been inclined to persevere with his case. He explained to the commons, 'by his own mouth', why he had agreed to the French king's proposal: it was a way of cementing his good relations with his kinsman, of bringing peace to Christendom, and of striking a blow at a 'tyrant' and oppressor of his people - the duke of Milan (Item 10). When Richard had finished speaking, the chancellor concluded the day's business by once more informing the commons that on the next day, Friday, the king's officers wished to hold yet another meeting with them in order to explain 'certain charges'. The outcome of this meeting is not recorded, indeed it is difficult to know what business occupied the parliament for the next week, although it may well be that the Milanese question remained under discussion. By the end of the second week of the parliament, however, a quite different matter had come to the king's notice, one which would both provide the most dramatic moments of the session and give the king an opportunity to vent his anger on the commons: this was the affair of Haxey's Bill.

According to the official record, this began when, on Friday 2 February, 'after he had eaten', Richard II summoned the lords spiritual and temporal to his presence and announced that he had heard that, on the previous day, when they had been conversing with the commons, the commons had shown them certain matters which the king believed to be contrary to his regality, estate and royal liberty; whereupon he ordered the chancellor to explain to the lords what these 'matters' were. The first was a request that sheriffs and escheators should not remain in office for more than a year at a time; the second asked for better provision for the defence of the Scottish marches; the third complained that the livery legislation was not being strictly enforced; the fourth was a complaint that the cost of the king's household was excessive, and that too many bishops and ladies, with their followers, were residing at court. To the first two of these articles the king gave a measured response. The third he seems to have ignored. It was the fourth article, however, which really aroused Richard's ire. It gave him 'great grief and offence', he declared, that the commons should presume to criticise his household or those whom he chose to keep in his company, and he ordered the lords, and the duke of Lancaster in particular, to command John Bussy, as Speaker, to reveal to him the name of the person who had been responsible for exhibiting the 'bill' on which this article had been based (Items 13-15).

Bussy did his work speedily, and on the following morning, Saturday 3 February, the commons duly handed over the offending bill, simultaneously revealing the name of Thomas Haxey, clerk, as the man who had introduced it. This they followed up with a grovelling apology, assuring the king that they had never intended to cause any offence. Richard accepted this, ordered them to proceed with the remaining business of parliament, and even informed them that he had no intention of asking them to grant a fifteenth and tenth (Items 16-17: this suggests, although the roll does not actually state this, that such a request had originally formed part of the king's wish to secure approval for his Milanese expedition; the king's concession seems in effect to have brought to an end any serious consideration of the Anglo-French expedition).

For Thomas Haxey, however, matters certainly did not end there. There has in the past been some debate as to how many of the four articles rehearsed by the chancellor he was responsible for introducing, but it is in fact clear from his pardon, which gives the text of his bill, that it was only the fourth article, that which concerned the cost of the royal household. (fn. J1397int-5) Unfortunately it was precisely this article which had enraged the king, however, and Richard was determined to make an example of him. On 5 February, therefore, the lords were induced to pronounce that anyone who encouraged ( moverit vel excitaverit ) the commons or anyone else to propose reform of the person, rule or regality of the king should be treated as a traitor; and, despite the fact that this was, in Haxey's case, retrospective legislation, he was nevertheless brought into parliament two days later, on Wednesday 7 February, and duly condemned to death as a traitor.

What happened to Haxey subsequently is rather intriguing, and has given rise to considerable speculation as to his role in the affair. He had already, on Monday 5 February, been delivered from custody in Windsor castle, where he had presumably spent Saturday and Sunday nights, into the care of Archbishop Arundel. (fn. J1397int-6) Now, on the Wednesday, no sooner had judgment been pronounced on him by the lords temporal and the commons, than Arundel and the other lords spiritual stepped forward to request that Haxey not only be pardoned his life but, as a sign of the king's 'more abundant grace', that he be handed over to them. To both of these requests the king promptly agreed - and that, as far as the roll of parliament is concerned, was the end of the matter. In fact, not only was he handed over to the prelates, but within a further three months many of his benefices had been restored to him, and on 27 May 1397 he was granted a complete and unconditional pardon. And, although he never again held crown office under Richard II - as he had done before 1397 - he was present once more in the parliaments of 1404 and 1406, and served the Lancastrian regime in various capacities until his death in 1425. (fn. J1397int-7)

This curious dichotomy between Richard's initial fury and his subsequent clemency has prompted speculation that there was more to the affair of 'Haxey's Bill' than meets the eye. In particular, it has been suggested that Haxey may not have been acting on his own initiative. As has recently been demonstrated, he was a man with a wide range of connections among those who were influential in the royal administration - indeed, he was, technically speaking, a member of the lords in the January 1397 parliament, for the reason why he attended the parliament in the first place was because he had been appointed by the abbot of Selby (Yorkshire) to act as his proctor. (fn. J1397int-8) It has even been suggested that he may have been recruited by Richard II himself to put the bill forward, thus affording the king an opportunity to demonstrate to the commons the limits beyond which criticism would not be tolerated. In fact, this seems unlikely. More plausible, perhaps, is the idea that, whether or not he was personally responsible for the drafting of 'his' bill, he was in effect acting as the spokesman for a number of clerks in the royal administration who felt that opportunities for promotion were being denied to them because increasingly the best jobs were being given to courtiers and friends of the king. Yet even more to the point, perhaps, is the fact that there was a considerable element of truth in what Haxey said: from 1395 onwards, the cost of the royal household rose alarmingly, and the main reasons for this were almost certainly the growing size of the household and the increasing extravagance of the king. (fn. J1397int-9) To the commons, therefore, for whom the financial burden of the king's domestic establishment was a perennial cause of complaint, Haxey's allegations struck a well-worked chord. Richard, on the other hand, was determined to stifle at birth any sign that the criticism of his household which he had repeatedly been forced to endure during the first decade of the reign was about to be revived. His over-reaction to Haxey's Bill may indeed have been a deliberate ploy on his part.

Nor was it by any means the only indication of the way in which the political wind was beginning to blow during the early months of 1397. As usual, parliament provided the opportunity to consider matters relating to the titles and territorial interests of the peers, but in the parliament of January 1397 there seems to have been a marked political - not to say personal - edge to the decisions which were made relating to the peers. The earl of Warwick, for example, an old if no longer very active political opponent of the king, was challenged by the new bishop of Llandaff (John Burghill, the king's confessor) over his alleged seizure of the manor of Bishopston in the Gower peninsula (Glamorgan) during the vacancy of the see of Llandaff. Burghill's case was upheld, and Warwick was forced to make a public apology and fined for contempt (Item 24). Worse was to come, of course: a few months later, Warwick would be deprived of his entire lordship of Gower (and, indeed, arrested for treason), and it is probably no coincidence that the man to whom Gower would subsequently be awarded, Thomas Mowbray, earl of Nottingham, was confirmed during this parliament in his tenure of the title of Earl Marshal and granted a wide range of privileges in order to bolster his new status (Item 33). Mowbray, despite having acted with Warwick as an Appellant in 1387-8, had since returned to the king's favour, and was one of the leading figures in the new 'court party' which gathered around the king during the mid-1390s. Equally ominous was the king's decision to allow the earl of Salisbury to re-open his suit against the earl of March over the ownership of the lordship of Denbigh in Clwyd (Item 26). This was a dispute which went back to the early years of the fourteenth century, and by agreeing to reconsider it the king was signalling his willingness to reconsider a whole range of territorial claims which, in the interests of stability amongst the peers, he would probably have been well advised to let lie.

All these decisions, then, were straws in the wind. Yet, in the long term, perhaps the most significant act of the January 1397 parliament in relation to the peers was Richard's decision to legitimate the Beauforts, which was immediately followed by the elevation of the eldest Beaufort, John, to the earldom of Somerset. The Beauforts were the four children of John of Gaunt, duke of Lancaster, by his former mistress, Katherine Swinford, who, following the death of Duchess Constanza in 1394, had become Gaunt's third wife. Despite the subsequent marriage of their parents, John, Henry, Thomas and Joan Beaufort, who had been born in the 1370s, were still technically illegitimate in the eyes of English law and thus unable, for example, to inherit lands or honours as of right. From the canon law point of view, this situation had recently - following a request from Gaunt and Katherine - been rectified by a declaration of their legitimacy from the pope, and now Richard decided to rectify it from the point of view of the common law too. On 6 February, therefore, the king, 'as undoubted emperor in our realm of England', solemnly declared all four of them, 'by the plenitude of our royal power, and with the assent of parliament', to be fully legitimate in the eyes of the law, and to be capable of inheriting 'whatsoever honours, dignities, pre-eminencies, status, ranks and offices, public and private, perpetual and temporal, feudal and noble there may be ... as fully, freely and lawfully as if you had been born in lawful wedlock'. (Item 28). That these honours, dignities, pre-eminencies and so forth might one day include the crown of England, it would have taken a clairvoyant to foresee, yet that did, of course, eventually turn out to be the case, and as a consequence the precise wording of Richard's act of legitimation came to be a point of no little contention during the course of the fifteenth century. For the moment, however, John Beaufort's elevation reached no higher than the earldom of Somerset, to which he was promoted on the following Saturday (10 February), in a ceremony the detailed record of which includes the first description in the parliamentary rolls of the girding in parliament of a new earl (even if there is nothing to suggest that there was anything novel about this ceremony). (fn. J1397int-10)

The high-flown language employed by Richard in his legitimation of the Beauforts - 'emperor in our realm of England', 'plenitude of our royal power' - is telling. (fn. J1397int-11) The king's growing determination to achieve what has been described as a 'transformation of parliament' comes through unmistakably in the record of the January 1397 assembly. For example, although six statutes were promulgated as a result of the parliament, only two of these were based on petitions of the commons; the remaining four were the result of 'certain statutes and ordinances' put forward on the initiative of the government - increasingly, it seems, the king's preferred way of initiating legislation (Item 37). (fn. J1397int-12) One of these statutes, controversially, allowed for the recall from exile in Ireland of the justices who had been condemned in 1388 for assenting to the ultra-royalist 'Questions to the Judges' (Item 42). Also worth noting is the fact that, although he was obliged to drop his request to the commons for a fifteenth and tenth, Richard did manage to secure the renewal (retrospectively from November 1396) of tunnage and poundage for three years, and of the wool subsidy for five years - a grant unprecedented in its duration, and an undoubted pointer to what the king would push through an overawed commons at the next parliament, that is, the grant of the wool subsidy for the rest of his life (Item 18).

On the other hand, Richard certainly did not have things all his own way. His failure to secure a fifteenth and tenth, or to persuade the parliament of the desirability of a Milanese expedition, were clearly setbacks, and may well have increased his sense that when parliament next met more forceful measures would be required to ensure its compliance with the king's bidding. One of the slightly puzzling aspects of the January 1397 parliament is the lack of interest which contemporary chroniclers took in its proceedings. To some extent this is explicable by the fact that the Westminster chronicle and Knighton's chronicle end in 1394 and 1395 respectively, while those chronicles which cover the last three years of the reign were for the most part not written until after the king's deposition in 1399, so that they tended to be more concerned with the altogether higher drama of the September 1397 parliament. The St Albans chronicler briefly noted the legitimation of the Beauforts and stated that, 'contrary to his oath', Richard recalled the justices exiled to Ireland, but made no mention of either Thomas Haxey or the Milanese expedition. (fn. J1397int-13) The monk of Evesham failed to mention the parliament at all, although he did claim, interestingly, that in February 1397 a council ( consilium ) was summoned to Westminster, which both the duke of Gloucester and the earl of Arundel refused to attend, claiming they were ill. The king, according to the chronicler, was 'extremely annoyed and stirred to anger against them'. (fn. J1397int-14) Despite the coincidence of timing, it seems unlikely that the chronicler was confusing this 'council' with the January parliament (which was not dissolved until 12 February), (fn. J1397int-15) for Gloucester and Arundel were both appointed as triers of petitions at the beginning of the parliament, creating a strong presumption that they must have attended it (Item 5). On the other hand, neither of them - nor, indeed, their old ally the earl of Warwick - was mentioned among the witnesses to either the creation of John Beaufort as earl of Somerset or the confirmation of Thomas Mowbray as Earl Marshal, both of which occurred on 10 February, so it is not impossible that Richard's three old enemies had made their excuses and left by this time.

Whatever the truth of the matter, however, it seems reasonably clear that it was not just between the commons and the king, but also between, on the one hand, the king and his supporters among the nobility, and, on the other hand, those among the lords who still found it difficult to accept either the king's foreign or his domestic policy, that the early months of 1397 saw a revival of the sort of political tensions which had characterised much of the 1380s. And if, for the moment, those tensions remained largely beneath the surface, it would only be a matter of months before they erupted: initially, Richard's pre-emptive strike of July 1397 would create the opportunity for his so-called 'tyranny' during the last two years of the reign; in reality, however, it would set in train the chain of events which led to his loss of both the crown and his life.

Text and translation

[p. iii-337]
[col. a]
[memb. 6]
ROTULUS PARLIAMENTI TENTI APUD WESTMONASTERIUM, DIE LUNE IN FESTO SANCTI VINCENTII, ANNO REGNI REGIS RICARDI SECUNDI VICESIMO. THE ROLL OF THE PARLIAMENT HELD AT WESTMINSTER ON MONDAY THE FEAST OF ST VINCENT IN THE TWENTIETH YEAR OF THE REIGN OF KING RICHARD THE SECOND [22 January 1397].
Pronunciacioun de parlement. The opening of parliament.
Fait a remembrer qe lundy en la fest de Seint Vincent, l'an du regne nostre seignour le roy Richard secunde apres le conquest vintisme, le roy esteant en parlement, l'evesqe d'Excestre, chanceller d'Engleterre, de comandement du roy monstra et pronuncia la cause del somons de ceste parlement; alleggeant par grantes autorites de seint escripture, coment quatre pointes appartient a chescun roy Cristien affaire en son parlement, a plesance de Dieu, et pur bone governance de soun roialme. Primerement, qe seint esglise soit governez et defenduz en pees et tranquillite, ovek ses droitures et libertees. Le secunde point, qe touz les subgitz et poeple de son roialme soient governez en justice et pees sanz oppression, et qe malfesours soient puniz et chastiez solonc leur decert. Le tierce point, qe les bones loies de son roialme soient maintenuz et governez: et si ascunes loies ou custumes de son roialme ne soient bones ne profitables, adonqes pur les amender, ou ordenir et establire autres loies et ordenances necessairs pur le pees et quiete del poeple de soun roialme. Item, le quart point, qe le poeple dedeinz son roialme soit defenduz encontre ses enemis par dehors. Toutes les queles quatre pointes ensi monstrez, le roy voloit et grantoit qe soient faites et gardees en le meillour manere qe faire se purra, ovek l'eide de Dieu, et par bon conseil de l'estatz de son roialme. Et voloit qe seint esglise principalement, et les seignours espirituels et temporels, citees et burghes, eient et enjoient leur libertees et franchises, come ils ont euz resonablement en temps de ses nobles progenitours rois d'Engleterre, et en son temps demesne. Be it remembered that on Monday the feast of St Vincent, in the twentieth year of the reign of our lord the king Richard the second since the conquest [22 January 1397], the king being in parliament, the bishop of Exeter, chancellor of England, by the king's command explained and announced the reason for the summoning of this parliament; claiming by the great authority of holy scripture that it pertains to every Christian king to do four things in his parliament, to the pleasure of God and for the good governance of his kingdom. First, that holy church be governed and defended in peace and tranquillity, with its rights and liberties. Second, that all the subjects and people of his kingdom be governed in justice and peace without oppression, and that malefactors be punished and chastised as they deserve. Third, that the good laws of his kingdom be maintained and governed, and if any laws or customs be not good or profitable, then to amend them, or ordain and establish other laws and ordinances necessary for the peace and quiet of the people of his kingdom. Also, fourth, that the people in his kingdom be defended from enemies without. All of which four points thus explained, the king willed and granted that they would be done and upheld as best they might be, with God's aid and by the good counsel of the estates of his kingdom. And he willed that holy church principally, and the lords spiritual and temporal, cities and boroughs, should have and enjoy their liberties and franchises as they reasonably had them in the time of his noble progenitors the kings of England and in his own time.
2. Et en outre ce, le chanceller monstra et declara en general as seignours et communes, la charge et le peril de les enemys d'Escoce, et de la terre d'Irland, et del duchee de Guyen, et de les marches de Caleis, a fin qe purra estre ordenez par leur bon avis pur le meillour governance et salvacioun de les dites parties, et encontre les enemys dehors, a greindre honur et profit du roy, et salvacioun de roialme, et meindre charge et costages du poeple. Et depuis dist qe coment le roy avoit ordenez et assigne certeins clercs pur resceivre peticions especialx des causes et matiers appurtenantes a parlement, et certeins seignours pur trier et respondre a mesmes les peticions en manere acustume, des queux clercs et seignours les nouns s'ensuient: 2. Furthermore, the chancellor explained and declared in general to the lords and commons the burden and peril of the enemies of Scotland, and of the land of Ireland, and of the duchy of Guyenne, and of the marches of Calais, so that provision might be made by their good advice for the better governance and salvation of the said parts, and against the enemies without, to the great honour and profit of the king and salvation of the kingdom, and with the least burden and expense for the people. And then he said that the king had ordained and assigned certain clerks to receive particular petitions on causes and matters pertaining to parliament, and certain lords to try and to answer the same petitions in the customary manner, the names of which clerks and lords follow:
[col. b]
3. Receyvours des peticions d'Engleterre, Irland, Gales, et Escoce:

  • Sire Johan de Scarle
  • Sire Robert de Faryngton'
  • Sire Johan de Roderham.
3. Receivers of petitions from England, Ireland, Wales, and Scotland:

  • Sir John Scarle
  • Sir Robert Farington
  • Sir John Rotherham.
4. Receyvours des peticions de Gascoigne, et des autres terres et paiis depar delea la meer, et des Isles:

  • Mestre Richard Rouhale
  • Sire Hugh de Gaudeby
  • Sire Johan Wakeryng.
4. Receivers of petitions from Gascony and from other lands and countries overseas, and from the Channel Islands.

  • Master Richard Rouhale
  • Sir Hugh Gaudeby
  • Sir John Wakering.
5. Et sont assignez triours des peticions d'Engleterre, Irland, Gales, et Escoce:

  • L'ercevesqe de Canterbirs
  • Le duc de Guyen d [sic: read 'et'] de Lancastre
  • Le duc de Gloucestre
  • L'evesqe de Londres
  • L'evesqe de Wyncestre
  • L'abbe de Westm'
  • Le counte de Derby
  • Le counte d'Arundell'
  • Le counte de Warr'
  • Le sire de Nevill'
  • Monsire Richard le Scrop'
  • Monsire Philipp Spenser
  • Monsire Wauter Clopton'
  • William Thirnyng
  • William Rykhill'
  • Johan Wadham
5. The following are assigned to be triers of petitions from England, Ireland, Wales, and Scotland:

  • The archbishop of Canterbury
  • The duke of Guyenne and duke of Lancaster
  • The duke of Gloucester
  • The bishop of London
  • The bishop of Winchester
  • The abbot of Westminster
  • The earl of Derby
  • The earl of Arundel
  • The earl of Warwick
  • Lord Neville
  • Sir Richard le Scrope
  • Sir Philip Spenser
  • Sir Walter Clopton
  • William Thirning
  • William Rickhill
  • John Wadham.
- toutz ensemble, ou sys des prelatz et seignours avantditz au meyns; appellez a eux chanceller, tresorer, seneschalle, et chamberlein, et auxint les sergeantz du roy quant y busoignera. Et tiendront leur place en la chambre du chamberlein pres < de > la chambre depeynte. - to act all together, or at least six of the aforesaid prelates and lords; consulting with the chancellor, treasurer, steward, and chamberlain, and also the king's serjeants when necessary. And they shall hold their session in the chamberlain's room near the Painted Chamber.
[p. iii-338]
[col. a]
6. Et sont assignez triours des peticions de Gascoigne, et d'autres terres et paiis depar delea la meer, et des Isles:

  • L'ercevesqe d'Everwyk
  • Le duc d'Everwyk
  • L'evesqe d'Ely
  • L'evesqe de Cestre
  • L'abbe de Waltham
  • Le counte de Rotel'
  • Le counte Mareschall'
  • Le counte de Northumbr'
  • Le sire Despenser
  • Le sire de Grey de Ruthyn
  • Johan Hull'
  • Hugh Huls
  • Johan Markham.
6. The following are assigned to be triers of petitions from Gascony and from other lands and countries overseas, and from the Channel Islands:

  • The archbishop of York
  • The duke of York
  • The bishop of Ely
  • The bishop of Chester
  • The abbot of Waltham
  • The earl of Rutland
  • The earl marshal
  • The earl of Northumberland
  • Lord Despenser
  • Lord Grey of Ruthin
  • John Hull
  • Hugh Huls
  • John Markham
- toutz ensemble, ou sis des prelatz et seignours avantditz; appellez a eux chanceller, tresorer, seneschalle, et chamberlein, et auxint les sergeantz du roy quant y busoignera. Et tiendront leur place en la chambre marcolf. - to act all together, or six of the aforesaid prelates and lords; consulting with the chancellor, treasurer, steward, and chamberlain, and also the king's serjeants when necessary. And they shall hold their session in the Marcolf Chamber.
Et ceux qi voillent leverer leur peticions les baillent avant pur entre cy et vendredy proschein a soire. [editorial note: The rest of m.6 has been left blank.] And those who wish to submit petitions should hand them in between now and next Friday evening [26 January 1397].
[memb. 5]
Protestacioun des communes. The protestation of the commons.
7. Item, le maresdy ensuant, les communes presenterent Monsire Johan Bussy pur leur parlour, a < qi > le roy s'agrea bien. Et puis le dit Monsire Johan pria au roy q'il purra faire protestacioun, qe s'il dist riens par ignorance, ou autrement qe n'estoit assentuz par ses compaignons, etc., q'il se purroit corriger par ses ditz compaignons; le quele le < roy > ottroia, come y deveroit estre de droit et de resoun. Et mesme le jour, le duc de Lancastr' fist requeste au roy, de faire justice sur Monsire Thomas Talbot, etc. Et puis le chanceller monstra as communes, coment q'il avoit monstrez en general la cause del somons de parlement: qe lendemayn ensuant, a oept del cloke, les officers ent ferroient declaracion en especial, au fyn qe les communes ent purroient le meultz estre advisez; et leur feust comandez de soy hastier en esploit du parlement. Et puis apres, le chanceller, par comandement du roy, chargea toutz les seignours espirituels et temporelx d'estre au parlement chacun jour a noef de cloke a plus tarde, et qe nul seignour s'absenteroit en nul manere sanz especiale licence du roy mesmes. 7. Also, the following Tuesday [23 January 1397], the commons presented Sir John Bushy as their common speaker, with whom the king was well pleased. And then the said Sir John prayed of the king that he might make a protestation that if he should say anything through ignorance or otherwise which had not been agreed by his companions, etc., that he might be corrected by his said companions; to which the king agreed, as he should by right and reason. And on the same day the duke of Lancaster asked the king to do justice to Sir Thomas Talbot, etc.. And then the chancellor explained to the commons that although he had explained in general the reason for summoning the parliament, on the morrow following, at eight o'clock [24 January 1397], the officers would explain it more particularly, that the commons might be better informed; and they were ordered to make haste in the business of parliament. And later the chancellor, at the king's command, charged all the lords spiritual and temporal to be at parliament each day at nine o'clock at the latest, and that no lord should absent himself in any way without the special permission of the king himself.
< La cause de summons du parliamente. > The reason for summoning the parliament.
8. Item, le mesquerdy ensuant, les chanceller, tresorer, et clerc du prive seal, l'evesqe de Cestre, et autres du conseil du roy, monstrerent et declarerent en le refectoire de Westm' as communes, en especial l'entent du roy, et la cause de somons du parlement. Mesme le jour, les communes vindrent devant le roy et les seignours en parlement, et prierent qe toutz les seignours espirituelx et temporelx qe feurent absentz soient envoiez de venir au parlement. A quoy leur feust responduz par le chanceller, par comandement du roy, qe ce serroit < tre > longe delaie du parlement. Nientmayns y pleust au roy q'en esploit du parlement q'il serroit envoiez de novel pur les seignours qi feurent bien pres. 8. Also, on the following Wednesday [24 January 1397], the chancellor, treasurer, and clerk of the privy seal, the bishop of Chester and others of the king's council explained and declared in the refectory of Westminster to the commons the particular intent of the king and the reason for summoning the parliament. On the same day, the commons came before the king and lords in parliament and prayed that all the lords spiritual and temporal who were absent be sent for to come to parliament. To which they were given answer by the chancellor, on the king's orders, that it would cause too long a delay in parliament. Nevertheless it pleased the king that during the course of parliament he would send again for the lords who were nearby.
Escusacion des communes touchant la promesse del viage de Lumbardie. The disclaimer of the commons touching the promise of the expedition of Lombardy.
9. Item, le jeody ensuant, vindrent les communes devant le roy et les seignours en parlement, et monstrerent a roy, coment l'ercevesqe de Canterbirs, et les conts de Rotel' et Mareschall' leur firent relacion qe le roy avoit entenduz qe furont ascuns qe se purposeront d'avoir restreintz le viage des ditz conts promis a soun honurable piere de France vers les parties de Lumbardie, et deussent avoir excitez et procurez les communes d'avoir fait requeste a roy nostre seignour pur avoir destourbe le dit viage, et enfreint la promesse ent par luy fait a son dit piere de France, mesmes les communes [col. b] s'excuserent qe eux ne nul de eux unqes < ne > furent en purpose, n'entent, ne parlez feust entre eux, ne nuls autres les enfourmerent de faire requeste n'excitation a nostre [seignour] le roy de le contraire de l'honurable promesse suisdit; einz q'ils luy mercierent molt entierment de son honurable port q'il avoit fait, pur honur de luy et de son roialme, sibien en celle matire come en autres ove son dit piere en son darrein viage en France, come notoirement est conuz a grant partie de Cristiantee. Et combien qe les ditz seignours en leur relacion monstrerent as ditz communes le gracious entent nostre seignour le roy qe par celle viage les communes ne le roialme ne serroient mye liez, ne chargez; nientmains les ditz communes prieront et firent leur protestacion qe coment qe le roy de sa autorite et volentee demesne avoit grantez tiel viage, qe de celle viage, ne de nule chose q'ent purroit advenir en apres, ils ne serroient mys parties, n'ent endamagez, mais outrement excusez. A quoy le roy respondi mesmes par son bouche propre en plein parlement, et dist as communes q'ils ne se deussent esmervailler de le dit promesse; et leur exposa benignement certeins causes qe lui moerent a la promesse del dit viage. 9. Also, on the following Thursday, the commons came before the king and lords in parliament and explained to the king that although the archbishop of Canterbury and the earl of Rutland and the earl marshal had told them that the king had heard that there were some who intended to oppose the expedition of the said earls promised to his honourable compeer of France towards the parts of Lombardy, and had incited and procured the commons to request of the king our lord that the said expedition be prevented, and that he break the promise thereon made by him to his said compeer of France, the same commons [col. b] excused themselves, for that neither they nor any one of them had ever had such purpose nor intent, nor had they spoken amongst themselves, nor had any others instructed them to make a request about nor to influence our lord the king contrary to the honourable promise aforesaid; but that they thanked him most wholeheartedly for the his honourable bearing, for the honour of himself and his kingdom, both in that matter and in others with his said compeer on his last expedition to France, as is well known to a great part of Christendom. And although the said lords in relating it explained to the said commons the gracious intent of our lord the king, that neither the commons nor the realm would be bound nor charged by virtue of that expedition; nevertheless the said commons prayed and protested that although the king of his own authority and will had granted such an expedition, that neither in this expedition nor in anything else which might arise in future, would they be a party, nor suffer loss, but be wholly excused. To which the king replied in his own words in full parliament, and said to the commons that they should not marvel at the said promise; and he kindly explained to them certain reasons which encouraged him to make the promise of the said expedition.
A cause del dite promesse expresse par le roi mesmes. The reason for the said promise expounded by the king himself.
10. Primerement, le roy considerant coment devant ces heures ont este tresgrandes meschiefs et destructions de guerre intolerables entre les deux roialmes d'Engleterre et de France, et pensant sur ce qe le greindre bienfait qe ascun homme purra faire a autre pur luy obliger et estre pluis tenuz a lui, si en est pur lui eider et relever en son meschief et necessite. Par quoy al bone entencion pur peiser et cesser les guerres du roialme, et sauver les meschiefs qe vindrent par la guerre a son roialme et a son poeple, et aussi a fyn qe tiel grant bienfait et promesse durront de reson moul occasion de pees, quiete, et salvacion a son roialme et ses liges d'Engleterre, et pur exciter son dit piere de France a la greindre affeccion de luy et de son roialme et ses gentz en temps avenir, il fist la dite promesse. La secunde cause est, pur ce qe son dit piere est cosin a nostre seignour le roy, et ore son piere par ceste alliance, il est le pluis tenuz de luy faire plesance et relevement en sa necessite. La tierce cause est, par tant qe son dit piere de France, et luy mesmes, qe sont tenuz deux les plus suffisantz et vaillantz princes Cristiens; et par tant s'ils puissent avoir conissance de quelconqe roy, prince, ou autre persone qi qe soit, qi par tiranye vorra surmontier et destruire le poeple Cristien en quelconqes parties, ils sont de droit tenuz, a la reverence de Dieu, a destruire tiel tirant et destruour, et de restorer et recoverer tielx oppressez et desolatz a leur estat. Et dist outre nostre seignour le roy q'il voet estre a large et liberte de comander ses gentz, pur eux envoier en aide de ses amys, et pur disposer de ses biens propres a sa volentee, ou, et a tant des foitz, qe luy plerra. 10. Firstly, the king, considering how in the past there had been very great trouble and unbearable destruction by war between the two realms of England and France, thought that the greatest good anyone could do for another to oblige him and be the more bound to him, was to aid and relieve him in his trouble and need. Wherefore, with the good intention of pacifying and ending the wars of the kingdom, and to save the troubles which arose through war for his kingdom and his people, and also so that such great benefit and promise might provide a powerful reason for the peace, quiet, and salvation of his kingdom and his lieges of England, and to move his said compeer of France to greater affection for himself and his kingdom and his people in time to come, he made the said promise. The second reason is because his said compeer is cousin to our lord the king, and now his compeer by virtue of this alliance is the more bound to please and relieve him in his need. The third reason is because his said compeer of France, and he himself, are considered two of the most worthy and valiant Christian princes; and for this reason if they happen to know of any king, prince, or other person, whosoever it may be, who by tyranny would conquer and destroy the Christian people in whatsoever parts, they are bound by right, to the reverence of God, to destroy such a tyrant and destroyer, and restore and recover those oppressed and deprived of their estate. And further our lord the king said that he wished to be at large and at liberty to command his people, to send them to aid his friends, and to dispose of his own goods at his will, where and whensoever he chose.
11. Et outre ceo, d'autre part le roy reherceant, coment, le second jour du parlement, son uncle de Lanc' luy fist request sur certeins grevances a luy faitz par Monsire Thomas Talbot, q'en ensample des tielx riots y feust sa volentee qe justice en serroit fait, dit qe s'il feusse greindre ou meindre, de quele condicion q'il feusse dedeinz son roialme, qi fait tort, excesse, ou oppression sur aucun de ses liges encontre la ley, dont il purra avoir conussance de verite, q'il ent ferroit pleine justice et punissement solonc la ley, coment q'il soit de son sanc ou autrement, nient aiant consideration a nul person. 11. And further, on the other hand, the king, recalling that on the second day of parliament [23 January 1397], his uncle of Lancaster made him a request regarding certain grievances inflicted on him by Sir Thomas Talbot, whereof it was his wish that justice be done as an example to such lawlessness, and saying that had he been greater or lesser, of whatever condition he had been within his realm, who committed wrong, excess, or oppression against any of his lieges contrary to the law, of which he had knowledge of the truth, that he would deliver full justice and punishment thereon according to the law, whether he be of his blood of otherwise, showing no favour to anyone.
12. Et puis apres, le chanceller par comandement du roy dist as communes, qe vendredy ensuant les officers du roy vindroient as communes, pur leur monstrer plus en speciale, et d'entrecommuner ovesque eux des certeins charges, des queux ils leur monstrerent les causes le tierce jour du parlement darrain passez. 12. And later, the chancellor at the king's command said to the commons that on the following Friday [26 January 1397] the king's officers would come to the commons to explain to them in greater detail and discuss with them certain charges, the reasons for which they explained to them on the third day of the parliament [23 January 1397]last past.
13. Item, vendredy en la feste de la Chandellure, le roy fit venir a lui a Westm', apres manger, en le dit [p. iii-339][col. a] parlement, les seignours espirituels et temporels, et leur monstra, coment il avoit entendu q'ils feurent le joedy devant ovek les communes, et qe les communes leur monstrerent et toucherent certeins diverses matiers, des queles il sembla a roy q'acunes feurent encontre sa regalie et estat, et sa roiale libertee; comandant a le chanceller pur lui dire et monstrer les matiers susdites. Sur quoy mesme le chanceller, du comandement du roy, lui fit relacion de mesmes les matiers, q'estoisent en quatres pointz. Un estoit, sur un estatut fait de viscontes et eschetours, qe ils serroient sufficeantz persones de terre ou rent, et ne deveroient demurer en leur offices outre un an: (fn. iii-337-46-1) de quoy les communes compleignont qe l'estatut n'estoit my gardez ne tenuz. L'autre point feust touchant le marche d'Escoce, de les grantz oppressions et outrages qe sont faites et attemptatz par l'Escots encontre < les trieves > prises entre les deux roialmes, en destruccioun de la marche, et les liges < du > roy; de quoi prierent qe remede serroit ordenez par la bone discrecioun du roy et des seignours. La tierce point estoit, touchant un estatut fait des liverees de signes, qe valettz appellez yomen des seignours, qe ne serroient familiers et meignalx ovek les seignours, ne porteroient tiels liverees de signes; et ce pur eschuir maintenance et duresses qe par colour de tieles liverees sont faites en paiis, en oppression de poeple, et destourbance de execucioun de la loy. (fn. iii-337-46-2) Et de ce les communes prierent qe l'estatut serroit gardez, et qe certeine peine serroit sur ce ordenez par avis des seignours. 13. Also, on Friday, the feast of Candlemas [2 February 1397], the king summoned to himself at Westminster, after he had eaten, in the said [p. iii-339][col. a] parliament, the lords spiritual and temporal, and explained to them that he had heard that they had been with the commons on the previous Thursday [1 February 1397], and that the commons had commented to them and touched on various matters, some of which it seemed to the king were contrary to his regality and estate and his royal liberty, ordering the chancellor to tell and reveal the aforesaid matters to him. Whereupon the same chancellor, at the king's command, told him of the same matters, which were fourfold. One concerned a statute made on sheriffs and escheators, that they should be sufficient persons of land or rent, and that they ought not to remain in office for longer than a year: (fn. iii-337-46-1) concerning which the commons complained that the statute was neither kept nor upheld. Another point touched the march of Scotland, and the great oppressions and outrages committed and attempted by the Scots against the treaties reached between the two kingdoms, to the destruction of the march and the king's lieges; for which they prayed that remedy be ordained at the good discretion of the king and lords. The third point, touching a statute made on liveries of badges, was that valets who were called the yeomen of lords, who were not servants or menials of the lords, should not wear such liveries of badges, so as to avoid maintenance and duress which were done in the land by colour of such liveries, to the oppression of the people and the disturbance and execution of the law. (fn. iii-337-46-2) And concerning that the commons prayed that the statute be upheld, and that a certain penalty be ordained thereon by the advice of the lords.
Touchant l'ostiel le roy, et autres articles. Touching the king's household and other articles.
14. Item, le quart article estoit qe le grant et excessive charge del hostel du roy serroit amendez et amenusez; c'estassaver de la multitude d'evesqes qe ont seignouries, et < sont > avancez par le roy et leur meignee; et aussi de pluseurs dames et leur meignee qe demuront en l'ostel du roy, et sont a ses costages. 14. Also, the fourth article was that the great and excessive charge of the king's household should be amended and reduced; namely, concerning the multitude of bishops who had lordships and were promoted by the king, and their followers; and also concerning the many ladies and their attendants who dwelt in the king's household and at his expense.
Sur quel relacion le roy mesmes declara et dist sa volente as ditz seignours: coment del doun de Dieu il est par lyne et droit de heritage roy et enheriter del roialme d'Engleterre, et voet avoir sa regalie et libertee roiale de sa corone. Et respondist a les articles susditz, qe ascunez d'ycelles sont grandement encontre sa regalie et roial estat, et libertee. Et al primer article, touchant les viscontes et eschetours, le roy dit qe lui plest bien qe ceux qe serront viscontes et eschetours soient gentz sufficeantz de avoir, et de loialte, come resone demande: mes il semble qe il serroit plus pur son profit, et pur bone execucion de les ditz offices, qe persones sufficeantz demuroient en les dites offices outre un an, s'ils soy portent bien, qe estre remoez al fyn del an. Et ce par diverses causes expressees par le roy: une cause est, porce qe un lais homme mys en un office ne sciet my aprendre pur faire son office en si brief temps; et quant < il > auera experience en son office d'estre remoez, il semble a roy grande damage et nul profit. Et une autre cause est, porce qe cellui qe serra fait tiel officer, combien q'il esterra forsqe un an en son office, il < n'ozera > < my > pur tiel brief temps displeser les seignours du paiis ne ses veisins, ne servir duement a roy, ne faire droit en son temps. Item, touchant le point del marche d'Escoce, il plest bien au roy qe les seignours ent comment de remede, et s'il soit de quoy de sustenir la charge, y plest bien au roy, et il serra prest de faire son devoir come appartient a lui de reson. Upon which relation the king himself declared and imparted his will to the said lords: that by gift of God it was the king's right by descent and inheritance to inherit the kingdom of England, and he wished to have the regality and royal liberty of his crown. And he replied to the aforesaid articles by saying that some of the same were greatly against his regality and royal estate and liberty. And to the first article, touching the sheriffs and escheators, the king said that it pleased him well that those who were to be sheriffs and escheators should be persons of adequate means and of loyalty, as reason demanded: but it seemed that it would be more to his advantage, and for the good execution of the said offices, that sufficient persons should stay in the said offices for longer than one year, if they bore themselves well, than that they be removed at the end of the year. And this for various reasons expressed by the king: one of which was that a layman placed in office would not be able to learn how to perform his duties in so short a time; and that he should be removed once he had acquired experience of his office seemed to the king greatly damaging and of no benefit. Another reason was that whosoever should be made such an officer, although he would only be one year in office, would not dare in such a brief time to displease the lords of the land or his neighbours, nor duly serve the king, nor do right in his time. Also, concerning the march of Scotland, it well pleased the king that the lords should suggest a remedy, and if it should provide the means of supporting the charge, it well pleased the king, and he would be ready to do his duty as it reasonably pertained to him.
La volente du roy declaree sur ce as seignours. The king's will thereon announced to the lords.
15. Item, al quart article, touchant le charge del hostiel le roy, et la demuree d'evesqes et dames en sa compaignie, le roy prist grandement a grief et offense, de ce qe les communes qe sont ses lieges deussent [col. b] mesprendre ou presumer sur eux ascune ordenance ou governance de la persoun de roy, ou de soun hostiel, ou d'ascuns persones d'estat q'il plerroit avoir en sa compaignie. Et sembloit a roy qe les communes firent en ce grant offense et encontre sa regalie, et sa roiale mageste, et la liberte de lui et de ses honurables progenitours, queles il est tenuz et voet maintenir et sustenir par l'eide de Dieu. Par quoy le roy comanda les ditz seignours espirituels et temporels q'ils deussent le samady matin ensuiant monstrer et declarer as ditz communes pleinement la volunte du roy sur celle matiere. Et outre, le roy entendant coment les ditz communes feurent moez et enformez par un bille baillee a eux pur parler et monstrer la dit darrein article, si comanda a le duc de Guyen et de Lanc' pur charger Monsire Johan Bussy, parlour pur les communes, sur sa ligeance de counter et dire a lui le noun de cellui qi bailla as ditz communes la dite bille. 15. Also, as to the fourth article, touching the expenses of the king's household and the presence of bishops and ladies in his company, the king took great offence and affront in that the commons who were his lieges should [col. b] wrongly take upon themselves or presume any ordinance or governance of the king's person, or his household, or other persons of standing whom it should please him to have in his company. And it seemed to the king that the commons committed a great offence therein against his regality and his royal majesty, and the liberty of himself and his honourable progenitors, which he was bound and willed to maintain and sustain by the aid of God. Wherefor the king ordered the said lords spiritual and temporal that on the following Saturday morning [3 February 1397] they should explain and declare in full to the said commons the king's will in the matter. And further, the king understanding that the said commons had been influenced and informed by a bill delivered to them to present and explain the said last article, so he ordered the duke of Guyenne and of Lancaster to charge Sir John Bushy, speaker for the commons, on his allegiance to recount and tell him the name of whomsoever submitted the said bill to the said commons.
Excusation et submission des communes au roy. The excuse and submission of the commons to the king.
16. Item, le samady lendemayn de le dit feste del Chandelure, les seignours espirituels et temporels [feurent avek les communes, et monstrerent a eux la volunte et] comandement du roy, et les dites communes livererent la dite bille as seignours, ovek le noun de [celui qui la bailla a eux, c'estassavoir seignour Thomas Haxey. Quele bille] feust apres liveree al clerc del corone par le clerc du parlement du commandement de roy, [et meintenant apres les communes viendrent devant] le roy en parlement de son comandement. Et illoeqes ovek tout humilite et obeissance q'ils purroient, faisant grant dolour, [come aparust par] lour chier, de ce qe le roy avoit pris tiel conceit envers eux. Empriantz humblement a roy d'oier et accepter lour excusacioun, qe unqes ne feust lour entention ne volunte de parler, monstrer, ne faire, ascun chose qe serroit offense ou displesance a la roiale mageste du roy, ne encontre son roiale estat, ne liberte; et moement de ceste matiere touchant sa persone de mesme, et la governance de son hostiel, ou des seignours et dames en sa compaignie, ne de nulle autre matiere qe lui touche mesmes: sachantz et conissantz bien qe tieles choses n'apertienent my a eux, mes soulement a roy mesmes, et a sa ordenance. Einz qe lour entencioun feust, et est, pur la grant affeccioun q'ils portent au roy come foialx lieges, qe les seignours deussent prier au roy, de considerer son honurable estat, et sur ce faire < ce > qe lui plerroit, combien qe le roy autrement eust conceu qe ne feust lour entent, dont lour poise durement. Et sur ce les ditz communes lour submysterent en la grace et volunte du roy humblement, empriant a sa roiale mageste de lour avoir graciousement excusez: disantz en outre q'ils sont toutdys prestz a lour < poair > de sauver son roiale estat et liberte, et pur faire en corps et biens come loialx lieges sont tenuz ce qe purra estre honour et salvacioun a sa roiale magestee. 16. Item, on Saturday, the morrow of the said feast of Candlemas [3 February 1397], the lords spiritual and temporal were with the commons and showed them the king's will and command, and the said commons delivered the said bill to the lords, with the name of the person who submitted it to them, namely Sir Thomas Haxey. Which bill was later delivered to the clerk of the crown by the clerk of parliament by the king's command, and immediately afterwards the commons came before the king in parliament by his command. And there with all the humility and obedience that they could, they lamented, as was apparent from their mien, that the king had formed such an impression of them, praying most humbly of the king to hear and accept their excuse that it had never been their intent nor will to speak, show nor do anything which would give offence or displeasure to the king's royal majesty, nor against his royal estate or liberty; and especially in the matter concerning his own royal person and the governance of his household, or of the lords and ladies in his company, nor in any other matter which touched himself: knowing and understanding well that such things did not pertain to them, but only to the king himself and to his ordinance. For that their intent was, and is, because of the great affection they bear for the king as faithful lieges, that the lords should ask the king to consider his honourable estate and do thereon whatsoever pleased him, and even though the king perceived differently, that it was not their intent which weighed heavily upon them. And thereupon the said commons humbly submitted themselves to the grace and will of the king, imploring his royal majesty graciously to hold them excused: saying also that they were always ready to do their utmost to save his royal estate and liberty, and to do in body and goods, as loyal lieges were bound to do, that which might be to the honour and salvation of his royal majesty.
Coment le roy < les > tenoit pur escusez gratiousement. How the king graciously held them to be excused.
17. Sur quoy le chanceller, par commandement < du roy, dist as communes > qe le roy de sa roiale benignite et graciouse seignourie tenoit pur pleinement escusez les communes susdites, et leur promist bone seignourie, come toutdys sa volente ad este, chargeant a eux qe a lundy proschein ils procedent avant a l'esploit de parlement en tantcome ils purront. Et outre ce le roy par son bouche demesne dist as communes, coment ils furent tenuz a luy par pluseures voies, et ore en especiale, de ce q'il, en ease et quiete de eux, se abstinera de faire ou demandre charge sur eux par dismes ou quinzismes, ne q'il pensa de eux chargier enavant d'aucun tiel charge come pur son corps ne persone demesne. 17. Whereupon the chancellor, by the king's command, said to the commons that the king of his royal kindness and gracious lordship considered the aforesaid commons wholly excused, and promised them good lordship, as had always been his will, charging them that on the following Monday they should proceed with the business of parliament as best they could. And further, the king himself said to the commons that they were bound to him in many ways, and now especially, inasmuch as he, for their ease and tranquillity, would abstain from making or demanding a charge from them in tenths or fifteenths, nor did he think to charge them in future for any such charge concerning his own body or person.
[p. iii-340]
[memb. 4]
La grante del subside a roy en parlement par les communes. The grant of the subsidy to the king in parliament by the commons.
[col. a]
La grante del subside. The grant of the subsidy.
18. Les communes du roialme, par assent des seignours espiritueles et temporels, ount graunte a nostre tres redoute et trespuissant seignour le roy dusze deniers de livre de chescune manere merchandise, et trois soldz de chescun tonelle de vyn venantz deinz le roialme et passantz hors d'icelle, de la fest de Seint Andrewe, l'an de regne nostre dit seignour le roy vintisme, en trois ans lors proscheins ensuantz. Et auxint le subside des leyns, quirs et peaux lanutz, del dit fest le Seint Andrewe, le dit an vintisme, en cynk ans adonqes proscheins ensuantz, pur estre levez come ad estez levez par vertue de la darrein grant, issint qe nulle levee, ne cohercion de faire paiement, ne seurte de paiement, soit fait de les subsides avantditz apres les termes devant limitez sanz auctorite de parlement. 18. The commons of the realm, by the assent of the lords spiritual and temporal, have granted to our very redoubtable and very powerful lord the king twelve pence in the pound on every kind of merchandise, and three shillings per tun of wine, coming into the kingdom and leaving the same, from the feast of St Andrew, in the twentieth year of the reign of our said lord the king [30 November 1396], for three years next following [29 November 1399]. And also the subsidy on wool, hides and woolfells from the said feast of St Andrew in the said twentieth year for five years then next following [29 November 1401], to be levied as it was levied by virtue of the last grant, so that no levy, nor coercion to make payment, nor surety of payment, shall be made of the aforesaid subsidies after the terms appointed above without the authority of parliament.
Ordenance de la bullion. Ordinance on bullion.
19. Fait a remembrer qe ordene est en cest parlement, del assent du mesme le parlement, qe touz et chescuns marchantz, [sibien] denzeins come aliens, qi vourront amesner hors de roialme d'Engleterre ascuns leyns, quirs, ou peaux lanutz, apportent une unce d'or d'estrange coigne pur [chescune] sak de leyne, et une tiele unce pur chescune demy last de quirs, et une tiele unce de chescuns deux centz et quarant peaux lanutz, [al bullion] du roy en le tour de Londres, deinz le demy an du temps de custume et cokett de mesmes les leyns, quirs, et peaux, et [en] et souz le [noun] de cellui de qi ils serront ensi custumez et cokettez. Et qe les ditz marchantz, s'ils n'apportent une tiele unce d'estrange coigne pur chescune sak de leyne, et pur chescun demy last de quirs, et pur chescuns deux centz et quarant peaux lanutz al dite bullion, en la fourme susdite, paie a roy de chescune sarpler de leine tresze souldz et quatre deniers, et de chescun last de quirs tresze souldz et quatre denirs, et de chescuns quatre centz et quatrevintz peaux lanutz tresze souldz et quatre denirs, outre les custumes et subsides et autres devoirs ent duez. Et qe touz et chescuns tiels marchantz, avant q'ils amesnent les ditz leins, quirs, et peaux lanutz hors d'ascuns portz du roialme d'Engleterre, troevent sufficiant seurte as custumers du roy en mesmes les portz, d'apporter les ditz unces d'or a la dite bullion, en la fourme avantdite. 19. Be it remembered that it was ordained in this parliament, with the assent of the same parliament, that each and every merchant, as well denizens as aliens, who should wish to take out of England wool, hides or woolfells, should pay one ounce of gold in foreign coin for every sack of wool, and one such ounce for every half last of hides, and one such ounce for every two hundred and forty woolfells, to the king's bullion in the Tower of London, within half a year from the time of the custom and cocketing of the same wool, hides and woolfells, and in and under the name of him from whom they shall thus be customed and cocketed. And that the said merchants, if they do not pay one such ounce of foreign coin for every sack of wool and for every half last of hides, and for every two hundred and forty woolfells to the said bullion, in the aforesaid form, should pay the king for every sack of wool thirteen shillings and four pence, and on every last of hides thirteen shillings and four pence, and on every four hundred and eighty woolfells thirteen shillings and four pence, in addition to the customs and subsidies and other dues owed thereon. And that each and every such merchant, before they take the said wool, hides, and woolfells out of any ports of the kingdom of England, should find sufficient surety to the king's customs officers in the same ports to pay the said ounces of gold to the said bullion in the aforesaid form.
Sur quoi briefs de proclamacioun feurent directz as mairs et baillifs des citees et villes ou l'estaples sount. Item, briefs as coillours des custumes et subsides en les portz ou l'estaples sont, pur prendre seurtee des ditz marchantz, et de ent certifier les gardein et mestre del monoie en le dit tour de Londres, come piert par les tenours des ditz briefs desouz escritz: Whereupon writs of proclamation were directed to the mayors and bailiffs of the cities and towns where the staples are. Also, writs to the collectors of customs and subsidies in the ports where the staples are, to take surety from the said merchants, and to notify thereof the keeper and master of the mint in the said Tower of London, as appears from the tenor of the said writs transcribed below:
Briefs sur ceo faitz. Writs made thereon.
20. Rex majori et vicecomitibus London', salutem. Quia in ultimo parliamento nostro ordinatum est, de assensu ejusdem parliamenti, quod omnes et singuli mercatores, tam indigene quam alienigene, qui aliqua lanas, coria, et pelles lanutas extra regnum nostrum Anglie educere voluerint, unam [unciam auri] de cuneo extraneo pro quolibet sacco lane, et unam unciam hujusmodi pro quolibet dimidio lasto coriorum, et unam hujusmodi unciam de quibuslibet [ducentis et] quadraginta pellibus lanutis ad bullionam [col. b] nostram in turri nostra London', infra dimidiam annum a tempore custumacionis et cokettacionis lanarum, coriorum, et pellium eorundem, in et sub nomine ipsius cujus sic custumata et cokettata fuerint deferant et apportent; quodque dicti mercatores, si unam unciam hujusmodi de [cuneo] extraneo, pro quolibet sacco lane, et quolibet dimidia lasto coriorum, ac quibuslibet ducentis et quadraginta pellibus lanutis ad bullionam nostram predictam non apportaverint in forma supradicta, solvat nobis de qualibet sarplera lane tresdecim solidos et quatuor denarios; et de quolibet lasto coriorum tresdecim solidos et quatuor denarios; ac de quibuslibet quadringentis et quaterviginti pellibus lanutis tresdecim solidos et quatuor denarios, ultra custumas et subsidia, ac alia deveria inde debita. Et quod omnes et singuli mercatores hujusmodi ante eductionem lanarum, coriorum, et pellium lanutarum predictorum extra quoscumque portus regni nostri Anglie sufficientem inveniant securitatem custumariis nostris in eisdem portubus, hujusmodi uncias auri ad bullionem nostram predictam in forma predicta deferendas et apportandas. [Vobis] precipimus quod premissa omnia et singula in civitate predicta et suburbiis ejusdem ubi melius expedire videritis publice proclamari, et quantum in vobis est firmiter custodiri faceritis. Teste rege apud Westm' .xx. die Februarii. 20. The king to the mayor and sheriffs of London, greeting. Whereas in our last parliament it was ordained, with the assent of the same parliament, that each and every merchant, as well denizen as alien, who shall wish to take any wool, hides, or woolfells out of our kingdom of England, should deliver and bring one ounce of gold in foreign coinage for each sack of wool, and a similar ounce for every last of hides, and a similar ounce for every two hundred and forty woolfells, to our bullion [col. b] in our Tower of London, within half a year from the time of customing and cocketing the wool, hides and woolfells, in and under the name of him by whom they were thus customed and cocketed; and that the said merchants, if they did not pay one ounce of this kind of foreign coinage for each sack of wool and each half last of hides and every two hundred and forty woolfells to our aforesaid bullion in the above manner, should pay us for every sack of wool thirteen shillings and four pence; and for every last of hides thirteen shillings and four pence; and for every four hundred and eighty woolfells thirteen shillings and four pence; in addition to the customs and subsidies and other dues owed thereon. And that all and singular such merchants before exporting the aforesaid wool, hides, and woolfells from any port of the kingdom of England should find surety to our customs officers in the same ports to pay and deliver the ounces of gold to our aforesaid bullion in the aforesaid form. We order you publicly to proclaim all and singular the aforesaid things in the said city and suburbs of the same wheresoever shall seem best to you, and cause them to be firmly kept as best you can. Witnessed by the king at Westminster on 20 February [1397].
Consimilia brevia diriguntur [singulis majoribus et] ballivis civitatum et villarum ubi stapule existunt. Similar writs were sent to all the mayors and bailiffs of the cities and towns where the staples are.
Briefs de prendre ceurtee. Writs for taking surety.
Rex collectoribus custumarum et subsidiorum lanarum, coriorum, et pellium lanutarum in portu civitatis nostre London', salutem. Quia in ultimo [parliamento nostro, etc.,] ut supra, usque ibi deferendi et apportandi, et tunc sic, Vobis precipimus quod a quibuscumque mercatoribus hujusmodi, antequam lanas, coria, et pelles lanutas predicta a dicto portu London' educant, sufficientem securitatem, pro qua nobis vestri periculo respondere volueritis, capiatis, quod hujusmodi uncias auri ad bullionam nostram predictam in forma predicta deferent et portabunt, custodem et magistrum monete nostre in turri predicta de hujusmodi securitate cum sic capta fuerit, ac de nominibus mercatorum predictorum, et de numero saccorum lane, ac coriorum, et pellium lanutarum que sic extra dictum portum educentur, de tempore in tempus sub sigillis vestris distincte et aperte certificantes. Teste ut supra. The king to the collectors of customs and subsidies on wool, hides, and woolfells in the port of our city of London, greeting. Whereas in our last parliament, etc., as above, as far as to deliver and bring, and then thus - We order you that from every such merchant, before they take the aforesaid wool, hides, and woolfells from the said port of London, you take sufficient surety, for which you will answer to us at your peril, that they will deliver such ounces of gold to our aforesaid bullion in the aforesaid form, from time to time under your seal clearly and distinctly notifying the keeper and master of our mint in the aforesaid Tower of the surety thus taken, and of the names of the aforesaid merchants, and of the number of sacks of wool and hides and woolfells which are taken out of the said port. Witnessed as above.
Consimilia brevia diriguntur collectoribus custumarum et subsidiorum regis in portubus ubi stapule existunt sub eadem data. Similar writs are sent to the king's collectors of customs and subsidies in the ports where the staples are under the same date.
Assent des communes touchant l'estatut de provisours. The assent of the commons touching the statute of provisors.
21. Fait a remembrer touchant l'estatut fait nadgairs des provisours del court de Rome, (fn. iii-337-83-1) qe les communes del roialme d'Engleterre esteantz en parlement, pur la grant affiance q'ils ont en la persone de nostre seignour le roy, et en son tresexcellent sen et discrecion, et en la grant tendresse et chierte q'il ad devant touz autres a sa corone et les droitz d'icelle, et a la salvacion de son roial estat, soy assenterent de bon gree de leur part en plein parlement, qe nostre dit seignour le roy, par assent et advis de tieux sages et dignes persones queux lui plerra appeller pur conseiller en la matiere, purra faire tiele soeffrance, ordenance, et moderacion, touchant le dit estatut come luy semblera meulx resonable et profitable, a plesance de Dieu, et salvacioun de seint esglise, solonc [p. iii-341][col. a] sa haute discrecion, sauvant les droitz de sa corone et son roial estat, siqe a proschein parlement ycelles soeffrance, ordenance, et moderacion purront estre oiez et examinez, et sur ce affermez, ou corrigez et amendez, ou changez, solonc ce qe adonqes meulx semblera a roy < paravis > de son conseil en mesme le parlement, pur honur de Dieu, et en salvacion de seint esglise, et pur profit de son roialme, et son poeple. 21. Be it remembered, touching the statute previously made on provisors of the court of Rome, (fn. iii-337-83-1) that the commons of the kingdom of England now in parliament, for the great trust that they have in the person of our lord the king, and in his very excellent sense and discretion, and in the great affection and charity he has above all others for his crown and the rights thereof and the salvation of his royal estate, for their part agree in good will, in full parliament, that our said lord the king, by the assent and advice of such wise and worthy persons as it shall please him to summon for counsel in the matter, may make such allowance, ordinance, and moderation touching the said statute as shall seem most reasonable and profitable to him, to the pleasure of God and the salvation of holy church, at [p. iii-341][col. a] his high discretion, saving the rights of his crown and his royal estate, so that at the next parliament the same allowance, ordinance, and moderation may be heard and examined, and thereupon affirmed or corrected and amended or changed, according to that which shall seem best to the king by the advice of his council in the same parliament, for the honour of God and in salvation of holy church, and for the profit of his kingdom and his people.
Protestacion des prelatz. The protestation of the prelates.
22. Item, mauntenant apres, l'ercevesqes de Canterbirs et d'Everwyk, pur eux et pur les autres prelatz de leur provinces parlerent a roy overtement en parlement, fesantz protestacioun, coment ils ount fait professioun, et sont jurez a nostre tresseint piere le pape, et a la court de Rome, et pur ceo, en cas qe ascune ordenance ou autre chose serra fait ou assentuz par le roy, ou seignours temporels sur cest poiair et auctorite de parlement touchantes les provisions del court de Rome, qe soit en restriccioun del poair de l'appostoil, ou derogacion de la liberte de seint esglise, ils ne veullent, ne poont, ne deyvent a ce assentir n'accorder en nulle voie, einz les contredient et disassentont de leur part, en quanc qe a eux appartient; sauvant auxi leur estat devers le roial persone du roy, a qi ils ont fait foialte par serement pur leur temporaltes, queles ils entendent loialment garder come ils sont tenuz, savant la liberte de seint esglise, et lour professioun a nostre seint piere, come desus est dit. Et prient a roy qe leur dit protestacioun soit entrez de record en rolle du parlement: quelle chose le roy ottroia et comanda. [editorial note: A large space has been left in the manuscript at this point.] 22. Also, immediately afterwards, the archbishops of Canterbury and York, for themselves and for the other prelates of their provinces, spoke to the king openly in parliament, making protestation that they had made profession, and were sworn to our most holy father the pope and to the court of Rome, and therefore, if any ordinance or other thing were made or assented by the king or lords temporal upon the power and authority of parliament touching the provisions of the court of Rome which should restrict apostolic power, or be derogatory to the liberty of holy church, they neither would nor could nor ought to assent or agree thereto in any way, but oppose it and dissent on their part, in whatsoever pertained to them; saving also their estate towards the royal person of the king, to whom they gave fealty by oath for their temporalities, which they intend to guard loyally as they are bound, saving the liberty of holy church and their profession to our holy father, as is said above. And they prayed of the king that their said protestation be entered of record on the roll of parliament: which the king agreed and ordered.
Protestacioun des prelatz apres le juggement de seignour Thomas Haxey. The protestation of the prelates after the judgment upon Sir Thomas Haxey.
23. Fait a remembrer qe mesquerdy apres la Chandelure, maintenant apres le juggement rendu devers Thomas Haxey, clerc, qi feust ajuggez en parlement a la mort come traitour, viendrent devant le roy en parlement ovek grant humilitie, l'ercevesqe de Canterbirs, et touz les autres prelatz, et firent pleine protestacioun qe leur entier et pleine entencioun est, et toutdis serra, qe le roial estat et regalie du roy soit toutdis sauvez et gardez sanz emblemissement; et prieront a roy humblement qe lui plerroit de sa grace avoir pite et mercie del dit Thomas, et de sa haute et roial benignite remitter et relesser l'execucioun de la mort du dit Thomas, et luy ottroier et donir sa vie. 23. Be it remembered that on the Wednesday after Candlemas [7 February 1397], immediately after the judgment rendered against Thomas Haxey, clerk, who was adjudged to death in parliament as a traitor, there came before the king in parliament with great humility the archbishop of Canterbury and all the other prelates, and made full protestation that their whole and full intent was, and always would be, that the royal estate and regality of the king should be be forever saved and kept from blemish; and they humbly prayed of the king that it might please him of his grace to have pity and mercy for the said Thomas, and of his high and royal benignity to remit and release the execution of the said Thomas's death and grant and give him his life.
Et le roy sur ce, a la priere des ditz prelatz, de sa pite roiale, et de sa grace especiale, remist et relessa l'execucioun de la mort du dit Thomas, et lui ottroia et dona sa vie. Sur quoy les ditz prelatz remerciantz a roy de sa grant benignite, et mercie q'il avoit fait, prierent humblement a roy q'il plerroit a luy de sa plus habundant grace, al reverence de Dieu, et pur honeste de seint esglise, granter a eux la garde del corps du dit Thomas, protestantz sur ceo pleinement le ditz prelatz, q'ils ne font my celle requeste ne priere, ne demandent my celle grante grace del garde du dit corps, pur nulle droit ne duete qe appartient ou purra appartiener a eux en cest cas, mes soulement de grace especiale et volente du roy mesmes. Sur quoy le roy, soulement de sa grace especiale, et pur honestee de seint esglise, et nemy d'ascun duete ne droit des ditz prelatz en celle partie, granta et ottroia a eux la garde del corps du dit Thomas: et comanda sur ce a Monsire Thomas Percy, seneschalle del hostel le roy, pur deliverer le corps du dit Thomas Haxey al dit ercevesqe, a garder sauvement, du grace du roy, come dessus est dit. And the king thereupon, at the prayer of the said prelates, of his royal pity and of his special grace, remitted and released the execution of the said Thomas's death and granted him his life. Whereupon the said prelates, thanking the king for his great kindness and mercy he had shown, prayed humbly of the king that it might please him of his most abundant grace, to the reverence of God and for the honour of holy church, to grant them the keeping of the body of the said Thomas, the said prelates protesting thereon that they did not make that request nor prayer, nor demand such great grace of the keeping of his said body, for any right or due which pertained or might pertain to them in the cause, but only of the special grace and will of the king himself. Whereupon the king, only of his special grace and for the honour of holy church, and not as any due or right of the said prelates in this matter, granted and released to them the keeping of the body of the said Thomas: and thereupon he ordered Sir Thomas Percy, steward of the king's household, to deliver the body of the said Thomas Haxey to the said archbishop, to keep safely, of the king's grace, as was said above.
[memb. 3]
Pur l'evesqe de Landaf, touchant ses temporaltees en la voidance. On behalf of the bishop of Llandaff, touching his temporalities in the vacancy.
24. L'evesqe de Landaf mist avant sa peticion en parlement, dount tenour s'ensuit: 24. The bishop of Llandaff submitted a petition in parliament, the tenor of which follows:
Johan evesqe de Landaf monstre, sibien pur nostre seignour le roy come pur lui mesmes, en cest present parlement, qe come les gardes [col. b] des temporaltees de touz les erceveschees et eveschees deinz le roialme d'Engleterre, et terre de Gales, deinz qeconqes seignouries ou franchises q'ils soient, en temps de voidance ycelles erceveschees et eveschees a nostre dit seignour le roy, et a nully autre, come de droit de sa corone et dignitee appartienent. Et la ou l'eveschee de Landaf, par la mort Andreu nadgairs evesqe illoeqes, par qi mort la gard de touz les temporaltees du dit eveschee devoient de droit appartenir a nostre dit seignour le roy durant la voidance d'icelle, Thomas Beauchamp, conte de Warrewyk, apres la mort le dit evesqe entra en la manoir de Bisshopeston', parcelle des temporaltees le dit eveschee deinz le seignourie et terre de Gower en Gales, et uncore continue sa possessioun, et ent ad pris les profitz, clamant d'avoir la gard du dit manoir en temps de voidance par cause du dit seignourie et terre de Gower, a tort, et en contempt nostre dit seignour le roy, et derogacioun de sa corone. Dont le dit evesqe supplie, sibien pur nostre seignour le roy come pur lui mesmes, qe le dit manoir ove les appurtenantz soit seisez es maines nostre seignour le roy, et liveree ent fait a dit evesqe. John bishop of Llandaff shows, as well for our lord the king as for himself, in the present parliament that whereas the keeping [col. b] of the temporalities of all the archbishoprics and bishoprics within the kingdom of England and land of Wales, in whichsoever lordships or franchises they may be, pertain during the vacancy of the same archbishoprics and bishoprics to our said lord the king and to none other, as by right of his crown and dignity. And whereas the bishopric of Llandaff, through the death of Andrew lately bishop there, by whose death the keeping of all the temporalities of the said bishopric ought by right to pertain to our said lord the king during the same vacancy - Thomas Beauchamp, earl of Warwick, after the death of the said bishop, entered the manor of Bishopston, part of the temporalities of the said bishopric in the lordship and land of Gower in Wales, and continues his possession still, and has taken the profits thereof, claiming to have the keeping of the said manor in times of vacancy by reason of the said lordship and land of Gower, wrongfully and in contempt of our said lord the king and in derogation of his crown. Wherefor the said bishop prays, as well for our lord the king as for himself, that the said manor with its appurtenances be seized into the hands of our lord the king and delivered to the said bishop.
La quele peticioun lue overtement en parlement, et entenduz par le roy et seignours, la dite matiere feust declarez a dit conte de Warrewyk esteant adonqes present en parlement, quele conte eue sur ceo deliberacioun ne purroit dedire l'entree et l'occupacioun du dit manoir, et la prise des issues et profitz d'icelle, et ne savoit outre escusacioun faire; mes qe il et ses auncestres ont fait en mesme le manere. Et pur ceo qu'il ne purroit my justifier son fait, il soi mist surceo en la grace du roy. Par quoi agardez feust par le roy et seignours en parlement qe le dit manoir de Bysshopeston ove les appurtenantz soit seisez en les maines du roy: et qe le roy soit responduz des issues du dit manoir prises par le dit conte; et qe briefs soient sur ceo faitz come appartient, et qe le dit conte face fyn au roy pur le contempt. Which petition having been read aloud in parliament and heard by the king and lords, the said matter was announced to the said earl of Warwick being then present in parliament, which earl having deliberated upon it could not deny the entry or occupation of the said manor and the taking of the issues and profits of the same, and had no excuse to make, but that he and his ancestors had acted in the same manner. And because he could not justify his deed, he submitted himself to the king's grace. Wherefor it was adjudged by the king and lords in parliament that the said manor of Bishopston with all its appurtenances should be taken into the king's hands, and the king answered for the issues of the said manor taken by the said earl; and writs made thereon as appropriate; and that the said earl makes fine to the king for the contempt.
Ordenances pur les [...] ordres des mendinantz. Ordinances for the mendicant orders.
25. Les freres de < les > ordres mendinantz mistrent avant leur peticioun en parlement, dont tenour s'ensuit: 25. The brethren of the mendicant orders submitted their petition to parliament, the tenor of which follows:
Excellentissimo principi domino nostro regi, prelatis et dominis, ac eciam communibus parliamenti presentis, supplicant humiliter fratres ordinum mendicancium quod cum per quandam consuetudinem inter eos ab antiquis temporibus laudabiliter observatam, nullus frater ordinis eorundem gradum magisterii in theologica facultate reciperet, nisi esset sufficiens in sciencia et moribus judicio suorum superiorum in regno isto, et ut talis in suo provinciali capitulo ad recipiendum hujusmodi gradum secundum consuetudinem sui ordinis expositus et assignatus. Et nichilominus, quamplures fratres dictorum ordinum ad gradum predictum indigni penitus et indocti, cum pecuniis quas secum deferunt extra regnum procurant sibi ipsis hujusmodi gradum; et quamplures alias irracionabiles exempciones, necnon et inhibiciones suis superioribus in regno isto; ita quod in reditu eorundem non poterunt pro delictis eorum puniri, neque per eorum superiores in isto regno pro hujusmodi procuracionibus, exempcionibus, seu inhibicionibus optinendum quomodolibet refrenari, in magnum prejudicium dictorum ordinum, ac eciam verecundiam et vituperium dicti gradus, et expresse contra vim et effectum consuetudinis laudabilis memorate. Dignetur vestra precellens et reverendissima discrecio, taliter de remedio providere contra insolenciam talium, qui tam subdole, fraudulenter adquirunt sibi ipsis gradum superius memoratum, quod dicta consuetudo inter eos in posterum sub magna pena inviolabiliter observetur, ita quod de cetero nullus frater ordinum predictorum mare transeat sine licencia sui superioris sui ordinis in regno isto; nec quod hujusmodi exempcionem, assignacionem admittat, seu gradum magisterii quovis modo recipiat, nisi prius exponatur in suo provinciali capitulo, modo superius memorato. Et in casu quo illi fratres, cujuscumque ordinis fuerint, qui modo sunt extra regnum, [p. iii-342][col. a] et procuraverunt hujusmodi exempciones, seu assignaciones, sive gradum predictum in theologica facultate, contra consuetudinem superius expressatam, noluerint in reditu eorundem resignare omnibus hujusmodi exempcionibus, assignacionibus, et gradui scolastico supradicto, et submittere se dispositioni et correctioni superiorum suorum in regno isto, quod extunc omnes tales et singuli eorundem incurrant eandem penam quam vestra discrecio prelibatam pro hujusmodi excessibus statuendam. To the most excellent prince our lord the king, the prelates and lords and also the commons present in parliament, the brethren of the mendicant orders humbly pray: that whereas by a certain custom laudably observed amongst them since ancient times, no brother of the same orders shall receive the degree of master in the theology faculty unless he be sufficient in knowledge and conduct in the opinion of his superiors in this kingdom, and so is placed and assigned to receive such a degree in his provincial chapter according to the custom of his order. And nevertheless some brethren of the said orders who are wholly unworthy and untaught procure for themselves the aforesaid degree with money which they take with them overseas; and other unreasonable exemptions, and also inhibitions to their superiors in this kingdom; so that on the return of the same they cannot be punished for their delicts, and neither can their superiors prevent them in any way from obtaining such procurations, exemptions or inhibitions, to the great prejudice of the said orders, and to the shame and disparagement of the said degree, and expressly contrary to the force and effect of the custom of laudable memory. May your excellent and most revered discretion deign to provide such remedy against the insolence of those who wickedly and fraudulently acquire for themselves the degree mentioned above, that the said custom be inviolably observed amongst them hereafter on pain of a great penalty, so that henceforth no brother of the aforesaid orders shall cross the sea without the permission of the superior of his order in this kingdom; nor that such exemption nor assignation shall be allowed, nor the master's degree in any way received, unless it be previously presented in his provincial chapter in the manner mentioned above. And if those brethren, of whatsoever order they be, who are now outside the kingdom [p. iii-342][col. a] and have procured such exemptions or assignations, or the aforesaid degree in the theology faculty against the custom described above, will not, on their return, resign all such exemptions, assignations, and aforesaid scholastic degrees and submit themselves to the discipline and correction of their superiors in this kingdom, then each and every one of them shall incur that penalty which your discretion chooses and appoints for such excesses.
Sur quoi la dite peticion lue overtement en parlement, et entenduz par le roy et seignours, le roy, par avys et assent des seignours espiritueles et temporeles, voet et ad ordenez en cest parlement qe nul des freres de l'ordre de mendinantz passe la meer sanz conge de son sovereigne de son ordre en cest roialme; ne q'il n'admitte nulle exempcioun, n'assignacioun, ne receive degree de mestre de divinetee en qeconqe manere, sinoun q'il soit primerement exposez en son chapitre provincial; sur peine d'estre mys hors du proteccion du roy. Et en cas qe tieux freres, de qeconqe ordre q'ils soient, q'ore sont hors del roialme, ou dedeins, et ont procurez tiels exempcions, assignacions, ou degree de mestre de divinite, contre la custume desus expressee, ne voillent en leur retourne en Engleterre resigner et renuncier touz tieles exempcions, assignacions, et degree d'escole susditz, et eux submitter a l'ordenance et correction de leur sovereines en cest roialme, soient mys hors du proteccioun du roy. Whereupon, the said petition having been read openly in parliament and heard by the king and lords, the king, by the advice and assent of the lords spiritual and temporal, wills and has ordained in this parliament that none of the brethren of the mendicant orders should cross the sea without the permission of the head of his order in this kingdom; nor that he should be allowed any exemption, assignation, nor receive the degree of master of divinity in any way, unless he be first presented in his provincial chapter; on pain of being placed outside the king's protection. And if such brethren, of whatsoever order they be, who are now outside the kingdom, or within, and have procured such exemptions, assignations, or the degree of master of divinity contrary to the custom described above, will not on their return to England resign and renounce all such exemptions, assignations, and the aforesaid scholastic degree and submit themselves to the discipline and correction of their heads in this kingdom, they shall be placed outside the king's protection.
Pur le conte de Saresbirs. On behalf of the earl of Salisbury.
26. William de Mountagu, conte de Saresbirs, mist avant sa peticioun en parlement, dount le tenour s'ensuit: 26. William Montague, earl of Salisbury, submitted a petition in parliament, the tenor of which follows:
A nostre seignour le roy supplie le soen lige William Mountagu, conte de Saresbirs, come le tresnoble roy Edward [III] vostre aiel par ses lettres patentes dona et granta a William Mountagu, conte de Saresbirs, et pere au dit suppliant, qi heir il est, et a les heirs de son corps issantz, ove la clause de garauntie du dit tresnoble roy Edward [III] et ses heirs, les chastel, ville et honor de Dynbegh, et les cantredes de Roos, Rewynnok, et Kayemer, et le commote de Dynmael ove les appurtenances en Gales, come plus pleinement piert par les ditz lettres patentz: queux chastel, ville, et honour, cantredes, et commote, ove leur appurtenantz, Roger de Mortemer, nadgairs conte de Marche, par noun de la terre de Dynbeth, le terme de la Trinite, l'an du regne du dit tresnoble roy Edward [III] .xxviij. e , devant William Shareshull' et ses compaignons justices as plees devant le dit tresnoble roy Edward a tener assignez, vers l'avantdit suppliant, par juggement erroine, recoverist par un brief de scire facias, foundu sur un juggement done en parlement tenuz a Westm' le lundy proschein apres le fest de Seint Mark le Ewangeliste, l'an du regne de dit tresnoble roy Edward .xxviij. e , (fn. iii-337-102a-1) pur l'avantdit Roger, sur une peticioun par lui exhibit a dit tresnoble roy Edward [III] alors, par noun de Roger de Mortemer de Wiggemore, fitz et heir Esmond Mortemer fitz et heir Roger Mortemer; en quelle recorde et juggement de le dit brief de scire facias errours sont overtz. To our lord the king his liege William Montague, earl of Salisbury, prays: whereas the most noble King Edward [III], your grandfather, by his letters patent gave and granted to William Montague, earl of Salisbury and father of the said supplicant, whose heir he is, and to the heirs issuing from his body, with the clause of warranty of the said very noble King Edward [III] and his heirs, the castle, town and honour of Denbigh, and the cantreds of Rhos, Rhufiniog, and Cymeirch and the commote of Dinmael with their appurtenances in Wales, as plainly appears from the said letters patent: which castle, town, and honour, cantreds and commote, with their appurtenances, Roger Mortimer, late earl of March, by the name of the land of Denbigh, in Trinity term, in the twenty-eighth year of the reign of the said most noble King Edward [III] [18 June-9 July 1354], before William Shareshull and his fellow justices assigned to hold the pleas before the said very noble King Edward [III], against the aforesaid supplicant, by erroneous judgment, recovered by a writ of scire facias, founded on a judgment given in the parliament held at Westminster on the Monday after the feast of St Mark the Evangelist in the twenty-eighth year of the reign of the said very noble King Edward [III], (fn. iii-337-102a-1) for the aforesaid Roger, on a petition showed by him to the said very noble King Edward [III] then, in the name of Roger Mortimer of Wigmore, son and heir of Edmund Mortimer, son and heir of Roger Mortimer; in which record and judgment on the said writ of scire facias there are patent errors.
Qe plese a vous de vostre graciouse seignourie de faire venir devant vous le dit record pleinement, ove touz appendantz a ycelle de le dit brief de scire facias, en present parlement, a fyn d'estre view et examinez si errour soit en ycelle, et de faire garnir Roger de Mortemer, conte de la March', cousin et heir l'avantdit Roger fitz Esmond, et autres qe sount a garnir en ceste partie, d'estre a proschein parlement devant vous, d'oier les ditz errours. Et si eaux sachent riens dire pur quoi l'evantdit juggement en le dit brief de scire facias ne serra reverse, et l'avantdit suppliant a sa dite possessioun restitut, ove les issues et profitz en le mesne temps puis le dit perde, et ent outre faire droit et ley as parties en la manere avantdit. Et sur ceo lue la dite [col. b] peticioun devant le roy et seignours du parlement, le roy comanda a Monsire Wauter Clopton', son chief justice, de porter le record de quel la dite peticioun desus fait mencioun devant le roy et seignours en parlement. Quel record apres du comandement du roy feust portez en parlement devant le roy et seignours, et illoeqes feust luz en partie, et certeines errours feurent ent assignez et alleggez par le dit conte de Saresbirs. Sur quoi le roy, par assent et advys des seignours du parlement, les justices du roy illoeqes presentz, granta et comanda qe le dit conte eit brief de scire facias sur la matiere del dite peticioun, retornable a proschein parlement, come mesme la peticion fait mencioun. May it please you of your gracious lordship to cause the full record to be brought before you, with all attachments to the same concerning the said writ of scire facias, in the present parliament, that they may be inspected and examined for error, and to forewarn Roger Mortimer, earl of March, cousin and heir of the aforesaid Roger son of Edmund, and others who are to be forewarned in the matter, to be before you at the next parliament to hear the said errors; and if they know of anything to say wherefor the aforesaid judgment on the said writ of scire facias should not be reversed, and the aforesaid supplicant restored to his said possession with the issues and profits in the meantime since the said loss, and also to do right and justice to the parties in the aforesaid manner. Whereupon, the said [col. b] petition having been read before the king and lords of parliament, the king ordered Sir Walter Clopton, his chief justice, to bring before the king and lords in parliament the record of which the said petition made mention above. Which record, on the king's command, was later brought to parliament before the king and lords, and there it was read in part, and certain errors therein were pointed out and alleged by the said earl of Salisbury. Whereupon the king, by the assent and advice of the lords of parliament, the justices of the king there present, granted and ordered that the said earl have a writ of scire facias on the matter of the said petition, returnable at the next parliament, as the same petition mentions.
Pur l'ercevesqe, priour et chapitre de Canterbirs. On behalf of the archbishop, prior, and chapter of Canterbury.
27. Memorandum quod venerabilis pater Thomas archiepiscopus Cantuar', tocius Anglie primas, supplicavit ore tenus domino regi in presenti parliamento, ut cum ecclesia sua Cantuar', ex donacione et concessione nobilium et sanctorum progenitorum suorum quas idem rex graciose confirmavit, pre ceteris ecclesiis Anglie talem habeat prerogativam, quod quicumque archiepiscopus Cantuar' pro tempore existens habeat custodiam omnium dominiorum, maneriorum, terrarum, tenementorum, et reddituum cum pertinenciis que de eadem ecclesia tenentur in capite, durante minore etate heredum tenencium suorum, licet iidem tenentes alibi teneant de domino rege in capite; et nunc de castro et manerio de Tonbrigge, que racione prerogative huiusmodi in custodia Willelmi de Courtenay, ultimi archiepiscopi Cantuar' defuncti predecessoris predicti nunc archiepiscopi, die quo obiit extiterunt, ratione minoris etatis heredis comitis Stafford' defuncti, qui castrum et manerium predicta tenuit de predicto nuper archiepiscopo in capite, lis et controversia inter ipsum nunc archiepiscopum et executores testamenti predicti nuper archiepiscopi pendeant in presenti. Cum itaque quedam composicio dudum inter archiepiscopum Cantuar' et priorem et capitulum ecclesie Cantuar' super materia huiusmodi realiter facta fuisset, placeret inde domino regi, visa et examinata compositione illa, ulterius pro quiete et jure dicte ecclesie sue Cantuar', prout regie magestati sue melius videretur, in hac parte ordinari et < discerni > jubere, cujus ordinacioni et decreto in premissis idem archiepiscopus asseruit se in omnibus firmiter obedire. Super quo idem dominus rex incontinenti assignavit venerabiles patres Robertum archiepiscopum Ebor', Robertum episcopum London' et Johannem episcopum Elien', ac Johannem ducem Aquit' et Lancastr', et Johannem comitem Huntyngdon', et Thomam comitem Marescall', ad composicionem illam inspiciendum et examinandum, ac materiam in ea parte ulterius juxta eorum discreciones discutiendi et finiendi, et inde de eo quod gestum et actum foret per eos domino regi plenius referendi. Ac postmodum die lune ultimo die parliamenti predicti, archiepiscopus Ebor', et episcopi, ac predicti dux < et > comites sic assignati, de mandato domini regis, in eodem parliamento retulerunt eorum decretum et ordinacionem de materia predicta per Walterum de Clopton' justiciarium domini regis, sub hac forma, videlicet, quod tertia pars omnium maneriorum, terrarum, et tenementorum, hereditatis predicti heredis, ac exituum, proficuorum, et revencionum eorum, a tempore < mortis > predicti nuper archiepiscopi juxta formam composicionis predicte remaneant et sint in manibus predictorum prioris et capituli, ipsorum propriis usibus applicandis; et quod due partes terrarum et tenementorum predictorum, cum exitibus, proficuis, et revencionibus earundem duarum partium, in manibus ipsorum prioris et capituli similiter remaneant, salvo et secure custodiendam quousque dominus rex ordinaverit cui vel quibus dicte due partes hujusmodi exituum, proficuorum, et revencionum erunt liberata, et inde suam preceperit voluntatem. Quodque castrum de Tonbrigge predicto nunc archiepiscopo Cantuar' liberabitur indilate, in custodia et in manibus suis usque ad legitimam etatem predicti heredis libere remansurum. Que quidem ordinacionem et decretum per ipsos archiepiscopum Ebor', episcopos, [p. iii-343][col. a] ducem et comites, sic reddita, predictus dominus rex rata habens atque firma, ea ad requisicionem predicti nunc archiepiscopi Cantuar' precepit in rotulo parliamenti inseri de recordo. [editorial note: The rest of m.3 has been left blank.] 27. Be it remembered that the venerable father Thomas, archbishop of Canterbury, primate of all England, earnestly prayed to the lord king in the present parliament that whereas his church of Canterbury, by the gift and grant of his noble and holy progenitors, which the same king graciously confirmed, had such prerogative over the other churches of England that whatsoever archbishop of Canterbury for the time being had custody of all lordships, manors, tenements, and rents with appurtenances which were held of the same church in chief during the minority of the heirs of their tenants, even though the same tenants elsewhere held in chief of the lord king; and now concerning the castle and manor of Tonbridge, which by virtue of this prerogative were in the custody of William de Courtenay, late archbishop of Canterbury now deceased, predecessor of the present archbishop, on the day on which he died, by reason of the minority of the heir of the earl of Stafford deceased, who held the aforesaid castle and manor from the aforesaid former archbishop in chief, dispute and controversy between the present archbishop and the executors of the will of the aforesaid late archbishop are pending at present. And whereas a certain composition was drawn up a short while ago between the archbishop of Canterbury and the prior and chapter of the church of Canterbury on the matter, it pleased the lord king, having inspected and examined that composition, to order a view and settlement of the matter for the peace and right of his said church of Canterbury, as should seem best to his royal majesty, to whose ordinance and decree on the foregoing the same archbishop proclaimed himself to be firmly obedient in all things, whereupon the same lord king immediately appointed the venerable fathers Robert archbishop of York, Robert bishop of London and John bishop of Ely, and John duke of Aquitaine and Lancaster, and John earl of Huntingdon, and Thomas the earl marshal, to inspect and examine that composition, and further to discuss and settle the matter at their discretion, and fully to inform the lord king of what their deed and action should be. And later on Monday, the last day of the aforesaid parliament [10 February 1397], the archbishop of York, and the bishops, and the aforesaid duke and earls thus appointed by order of the lord king in the same parliament returned their decree and ordinance on the aforesaid matter by Walter Clopton, the lord king's justice, in this form - namely, that the third part of all manors, lands, and tenements of the inheritance of the aforesaid heir, and the issues, profits, and revenues of the same from the time of the death of the aforesaid late archbishop, should, according to the form of the aforesaid composition, remain and be in the hands of the aforesaid prior and chapter, to be used for their own purposes; and that two parts of the aforesaid lands and tenements, with the issues, profits, and revenues of the same two parts, should remain likewise in the hands of that prior and chapter, safely and securely to keep until the lord king shall have ordained to whom those said two parts of the issues, profits, and revenues shall be delivered and has declared his will thereon. And the castle of Tonbridge will be delivered to the aforesaid present archbishop of Canterbury without delay, to remain in his hands and keeping until the the coming of age of the aforesaid heir. The which ordinance and decree thus rendered by the archbishop of York, bishops, [p. iii-343][col. a] duke and earls, the aforesaid lord king, approving thereof, ordered to be placed on record on the roll of parliament at the request of the aforesaid present archbishop of Canterbury.
[memb. 2]
Legitimacioun pur Beaufort. Legitimation of Beaufort.
28. Fait a remembrer qe le maresdy, le quinzisme jour de parlement, le chaunceller, du comandement de roy, declara coment nostre seint pere le pape, al reverence de la tresexcellent persone du roy et de son honurable uncle le duc de Guyen et de Lancastr', et de son sank, ad habliez et legitimez mon seignoure Johan de Beauford, [editorial note: The final '-d' of 'Beauford' has been erased.] ses freres, et sa soer. Et purceo nostre seignour le roy, come entier emperour de son roialme d'Engleterre, pur honour de son sank, voet, et ad de sa plenir roial poiar hablie, et fait muliere, [...] de sa propre auctorite, le dit Johan, ses ditz freres, et soer. Et aussi pronuncia et puplist l'abilite et legitimacioun, solonc la fourme de la chartre du roy ent faite. 28. Be it remembered that on Tuesday, the fifteenth day of the parliament [4 February 1397], the chancellor, by order of the king, declared that our holy father the pope, in reverence of the most excellent person of the king and his honourable uncle the duke of Guyenne and of Lancaster, and of his blood, has enabled and legitimized my lord John Beaufort, his brothers, and his sister. And therefore our lord the king, as sole ruler of his kingdom of England, for the honour of his blood, willed and enabled of his abundant royal power, and legitimized, of his own authority, the said John, his said brothers, and sister. And he also pronounced and published the ability and legitimation, according to the form of the charter of the king made thereon.
29. La quele chartre feust lue en pleine parlement et baillez a le dit duc, pere a dit Johan, et ses ditz freres et soer, le tenour de quele chartre s'ensuit: 29. Which charter was read in full parliament, and delivered to the said duke, father of the said John, and his said brothers and sister; the tenor of which charter follows:
Ricardus, Dei gracia, rex Anglie et Francie, et dominus Hibernie, carissimis consanguineis nostris nobilibus viris Johanni, militi, Henrico, clerico, Thome, domicello, ac dilecte nobis nobili mulieri Johanne Beauford, [editorial note: The final '-d' of 'Beauford' has been erased.] domicelle, germanis precarissimi avunculi nostri nobilis viri Johannis ducis Lancastr' natis, ligeis nostris, salutem et benivolenciam nostre regie magestatis. Dum interna consideracione pensamus quot incessanter et quantis honoribus parentili et sincera dileccione prefati avunculi nostri, et sui maturitate consilii, undique decoramur, congruum arbitramur et dignum, ut meritorum suorum intuitu, ac graciarum contemplacione personarum, vos qui magne probitatis ingenio, vite ac morum honestate fulgetis, et ex regali estis prosapia propagati, pluribusque virtutibus, munere insigniti divino, specialis prerogative munimine favoris et gracie fecundemus. Hinc est, quod dicti avunculi nostri, genitoris vestri, precibus inclinati, vobiscum qui, ut asseritur, defectum natalium patimini, ut hujusmodi defectu, quem ejusque qualitates quascumque presentibus habere volumus pro sufficienter expressis, non obstante, [quod] quecumque honores, dignitates, pre-eminencias, status, gradus, et officia publica et privata, tam perpetua quam temporalia, atque feudalia et nobilia, quibuscumque nominibus nuncupentur, eciam si ducatus, principatus, comitatus, baronie, vel alia feuda fuerint, eciam si mediate vel inmediate a nobis dependeant seu teneantur, prefici, promoveri, eligi, assumi, et admitti, illaque recipere, retinere, gerere et excercere, provide, libere et licite, acsi de legitimo thoro nati existeretis, quibuscumque statutis seu consuetudinibus regni nostri Anglie in contrarium editis, seu observatis, que hic habemus pro totaliter expressis, nequaquam obstantibus; de plenitudine nostre regalis potestatis, et de assensu parliamenti nostri, tenore presencium dispensamus. Vosque et vestrum quemlibet natalibus restituimus et legitimamus. Richard, by the grace of God, king of England and France and lord of Ireland, to our most beloved kinsmen the noble John, knight, Henry, cleric, Thomas, donzel, and our beloved noblewoman Joan Beaufort, lady-in-waiting, our most beloved cousins born of our uncle that noble man John duke of Lancaster, our lieges, greeting and the goodwill of our royal majesty. While inwardly considering how endlessly and with how many honours of parental and sincere affection of our aforementioned uncle and of his mature counsel we are on all sides blessed, we have judged it appropriate and worthy that in consideration of his merits, and in contemplation of the grace of persons, we should endow you, who are resplendent with probity and virtuous life and conduct, and are born of royal stock and divinely marked with many virtues and gifts, with the protection of grace and favour by special prerogative. Thus it is that, yielding to the prayers of our said uncle, your father, we grant to you who, so it is claimed, have suffered such defect of birth, that, notwithstanding this defect, which, together with its various consequences, we wish to be fully included in these presents, you may nevertheless receive all honours, dignities, preferments, estates, degrees, and public and private offices, both perpetual and temporal, and feudal and noble rights, by whatsoever name they are called, such as duchies, lordships, earldoms, baronies, or whatsoever other fiefs they be, whether they be dependent upon or held of us mediately or intermediately, which may be preferred, promoted, elected, taken up and allowed, and received, retained, performed and exercised prudently, freely and lawfully, as if you were born in wedlock, notwithstanding any statutes or customs of our kingdom of England decreed or observed to the contrary; and we dispense you [from this defect] by the tenor of these presents, by the plenitude of our royal power and with the assent of our parliament; and we restore you and each of you to legitimacy.
30. Item, mesme le samady, le chanceller pronuncia du comandement du roy, < coment resoun voet qe home doit > honurer et enhancer l'estat de dignes persones et vertuouses. Paront le roy considerant la noblesse et vertue de son cosin Monsire Johan de Beauford, fitz a son uncle de Guyen et de Lancastr', et le grant honur q'il ad fait par sa persone en diverses journees et travaulx en pluseurs roialmes et terres d'outre meer, a grant honour du roy et de roialme; et aussi pur donir corage a lui et as autres pur tiel honor faire; et auxi pur fortifier le sceptre roial qe par dignes et vaillantz persones purra meulx estre subpoe [sic: read 'subporte'] en honur: cy ad, de sa roial dignitee et sa grace especiale fait et cree le dit Johan en conte, et lui ad done le noun et honur de conte de Somers', a avoir a lui et ses heirs [col. b] males de son corps loialment engendrez, ovek vint livers par an, a prendre de les issues et profitz del contee < de Somers' > pur son title et noun de conte. 30. Also, on the Saturday [10 February 1397], the chancellor announced by the king's command that reason willed that one should honour and enhance the estate of worthy and virtuous persons. Wherefore the king - considering the nobility and virtue of his cousin Sir John Beaufort, son of his uncle of Guyenne and Lancaster, and the great honour he had done his person on various expeditions and labours in many kingdoms and lands overseas, to the great honour of the king and kingdom; and also to encourage him and others to do such honour; and also to strengthen the royal sceptre which could best be supported in honour by worthy and valiant persons - had, of his royal dignity and special grace, made and created the said John an earl, and given him the name and honour of the earl of Somerset, to have to him and his male heirs [col. b] lawfully engendered of his body, with twenty pounds a year to be taken from the issues and profits of the county of Somerset for his title and the name of earl.
31. Sur quoi le dit Monsire Johan feust amesnee devant le roy en parlement entre deux contes, c'estassavoir Huntyngdon' et Mareschall', vestuz en un pane come vesture de honur, et son espee portez devant lui le pomel adressez. Et surceo la chartre du roy de la dite creacioun feust overtement lue devant le roy et seignours et communes en parlement. Et apres le roy mesmes ceynta le dit conte ovek son dit espee; et prist son homage, et lui fist mettre aseer en son lieu de parlement; c'estassavoir entre les contes Mareschall' et Warrewyk. De la quele chartre le tenour s'ensuit: 31. Whereupon the said Sir John was brought before the king in parliament between two earls, namely Huntingdon and the marshal, dressed in a cloth as a dress of honour, and his sword carried before him, the hilt uppermost. And then the king's charter of the said creation was read aloud before the king, lords, and commons in parliament. And afterwards the king himself girded the said earl with his sword and took his homage, and caused him to sit in his place in parliament, that is to say, between the earls marshal and Warwick. The tenor of which charter follows:
De prefectione comitis Somers' Of the appointment of the earl of Somerset.
32. Rex archiepiscopis, episcopis, abbatibus, prioribus, ducibus, comitibus, baronibus, justiciariis, vicecomitibus, prepositis, ministris, et omnibus ballivis et fidelibus suis, salutem. Sciatis quod nos considerantes probitatem strenuam et providenciam circumspectam, ac gemmatam morum et generis claritatem, dilecti et fidelis consanguinei nostri Johannis de Beaufort, chivaler, filii carissimi avunculi nostri Johannis ducis Aquit' et Lancastr', ac volentes proinde ipsum Johannem de Beaufort honoris prerogativa merito exaltare, ipsum Johannem Beaufort in comitem Somers' in presenti parliamento nostro preficimus et creamus et eum de stilo [...] ac nomine et honore comitatus predicti per < cincturam > gladii investimus, habendum sibi et heredibus masculis de corpore suo exeuntibus imperpetuum. Et ut idem comes et heredes sui predicti juxta tanti nominis et honoris decenciam melius et honorificencius valeant incumbencia ipsius onera supportare, de gracia nostra speciali in presenti parliamento nostro dedimus et concessimus, et hac carta nostra confirmavimus, eidem comiti et heredibus suis predictis viginti libras, percipiendas singulis annis de exitibus comitatus predicti per manus vicecomitis comitatus illius qui pro tempore fuerit, ad terminos Pasche et Sancti Michelis per equales porciones, imperpetuum. Hiis testibus, venerabili patre Thoma archiepiscopo Cantuar' tocius Anglie primate, Johanne Aquitan' et Lancastr', et Edmundo Ebor' ducibus; R. London', W. Wynton', J. Elien', E. Exon' cancellario nostro, episcopis; Henrico Derb', Edwardo Rotel', Thoma Notyngham et marescallo Anglie, comitibus; Reginaldo de Grey, Radulpho de Nevill', Johanne de Lovell', militibus; Rogero de Walden [decano Ebor'] thesaurario nostro, Thoma de Percy, senescallo hospicii nostri, Guidone de Mone, custode privati sigilli nostri, et aliis. Datum per manum nostram apud Westm' .x. die Februarii, anno regni nostri vicesimo. 32. The king to his archbishops, bishops, abbots, priors, dukes, earls, barons, justices, sheriffs, reeves, ministers, and other his bailiffs and faithful men, greeting. Know that we, considering the strenuous probity and prudent mind, distinguished conduct and nobility of birth of our beloved and faithful kinsman John Beaufort, knight, son of our beloved uncle John duke of Aquitaine and Lancaster, and willing therefore deservedly to exalt the same John Beaufort with the prerogative of honour, we do appoint and create John Beaufort earl of Somerset in our present parliament, and invest him with the style and name and honour of the aforesaid earl by girding him with the sword, to have to him and his male heirs issuing from his body in perpetuity. And that the same earl and his aforesaid heirs, given such name and honour, may the better and more honourably support the burdens incumbent upon the same, of our special grace in our present parliament we have given and granted, and by this our charter confirmed, to the same earl and his aforesaid heirs twenty pounds to be received each year from the issues of the aforesaid county by the hand of the sheriff of that county for the time being, at the terms of Easter and Michaelmas [29 September] in equal portions, in perpetuity. Witnessed by these, the venerable father Thomas archbishop of Canterbury primate of all England, John of Aquitaine and Lancaster, and Edmund of York, dukes; Robert of London, William of Winchester, John of Ely, Edmund of Exeter, our chancellor, bishops; Henry of Derby, Edward of Rutland, Thomas of Nottingham and marshal of England, earls; Reginald Grey, Ralph Neville, John Lovell, knights; Roger Walden dean of York, our treasurer, Thomas Percy, steward of our household, Guy Mone, keeper of our privy seal, and others. Given by our hand at Westminster on 10 February in the twentieth year of our reign [1397].
Per ipsum regem in parliamento. By the king in parliament.
33. Item, mesme le samady, une chartre du roy faite a le conte mareschall' touchant son office de mareschall' d'Engleterre, et le bastoun d'or q'il portera en son office enournez ovek le signe d'armes du roy, feust lue et baillez a dite conte. De quele chartre le tenour s'ensuit: 33. Also, on the same Saturday, a charter of the king made to the earl marshal touching his office of marshal of England, and the gold staff adorned with the emblem of the king's arms which he will carry in his office, was read and delivered to the said earl. The tenor of which charter follows:
Rex eisdem, salutem. Sciatis quod cum nuper per litteras nostras patentes de gracia nostra speciali concesserimus dilecto consanguineo nostro Thome comiti Notyngh' officium marescalli Anglie, una cum nomine et honore comitis marescalli, habendum sibi et heredibus suis masculis de corpore suo exeuntibus, cum omnimodis feodis, proficuis, et pertinenciis quibuscumque dicto officio qualitercumque spectantibus, imperpetuum; prout in eisdem literis plenius continetur. Nos attendentes grata et laudabilia obsequia nobis per prefatum comitem, tam in cismarinis quam transmarinis partibus, pro commodo et honore nostro et regni nostri, ad non modicos labores, custus, [p. iii-344][col. a] et expensas suos, multipliciter facta et impensa; ac volentes proinde pro statu et honore ipsius comitis [uberius providere,] de gracia nostra speciali, in presenti parliamento nostro concessimus pro nobis et heredibus nostris eidem comiti dictum officium, ac nomen, titulum, et honorem comitis marescalli Anglie, habendum sibi et heredibus suis masculis de corpore suo exeuntibus, una cum omnimodis et singulis officiis, commoditatibus, [proficuis, et aliis pertinenciis] quibuscumque, tam in curiis nostris quam alibi eidem officio qualitercumque spectantibus sive pertinentibus, eodem modo et adeo plene, libere, [integre et] quiete, sicut Thomas de Brotherton nuper comes Norff' et marescallus Anglie pater carissime consanguinee nostre Margarete comitisse Norff' [relicte predicti nuper comitis, seu] Rogerus le Bygot quondam comes Norff' et marescallus Anglie, aut aliquis alius post mortem ipsorum nuper comitum, seu idem [nunc comes, dictum officium] marescalli Anglie [tempore] suo habuerunt et tenuerunt. The king to the same, greeting. Know that whereas recently by our letters patent of our special grace we granted to our beloved kinsman Thomas, earl of Nottingham, the office of marshal of England, together with the name and honour of earl marshal, to have to him and his male heirs issuing from his body, with all the fees, profits, and appurtenances whatsoever pertaining in any way to the said office, in perpetuity; as is fully contained in the same letters. We, mindful of the gracious and laudable services often performed by the aforementioned earl, on either side of the sea, for the benefit and honour of us and our kingdom, at no small effort, cost, [p. iii-344][col. a] and charge to him; and wishing therefore to provide for the estate and honour of that earl, of our special grace have granted in our present parliament for us and our heirs to the same earl the said office, and the name, title, and honour of earl marshal of England, to have to him and his male heirs issuing from his body, together with all offices, commodities, profits and other appurtenances whatsoever, both in our courts and elsewhere, relating or pertaining in any way to the same office, in the same manner and as fully, freely, wholly, and peacefully as Thomas Brotherton, lately earl of Norfolk and marshal of England, father of our beloved kinswoman Margaret countess of Norfolk, [widow] of the aforesaid late earl, or Roger Bigod sometime earl of Norfolk and marshal of England, or any other after the death of the same former earl, or the same present earl, had or held the said office of marshal of England in their time.
Volentes ulterius pro nobis et heredibus nostris concedentes quod officium marescalli in banco nostro coram nobis, [quod Johannes Wykes tenet ad] terminum vite sue ex concessione nostra, et [officium] marescalli in scaccario nostro quod Ricardus Gascoigne tenet ad vitam suam ex concessione carissimi fratris nostri Thome comitis Kanc' nuper marescalli Anglie, confirmacione nostra; ac etiam officium proclamatoris marescalli coram senescallo et marescallo hospicii nostri, quod Guido [de Allesley tenet ad vitam suam] ex concessione domini Edwardi [III] nuper regis Anglie, avi nostri, et confirmacione nostra; que quidem officia post mortem predicti [Johannis, Ricardi, et Guidonis ad nos et heredes nostros] reverti deberent; post mortem eorundem Johannis, Ricardi, et Guidonis remaneant prefato comiti Marescallo, habenda sibi et dictis heredibus suis masculis [imperpetuum. Et quod] eadem officia, ac omnia alia officia in quibuscumque curiis nostris et alibi, que ad dictum officium marescalli [col. b] Anglie retroactis temporibus pertinuerunt, et pertinere consueverunt, ad dictum officium marescalli Anglie integre rejungantur, annectantur, et uniantur imperpetuum. Et quod idem comes et heredes sui masculi officia illa, statim cum per mortem, cessionem, et resignacionem, sursum-reddicionem aut alio modo vacaverint, aliquibus personis idoneis dare, concedere vel conferre possint libere et impune, aliquibus literis nostris patentibus in contrarium factis non obstantibus. Willing further and granting for us and our heirs, that the office of marshal of our Bench before us, which John Wicks holds for the term of his life by our grant, and the office of marshal in our treasury which Richard Gascoigne holds for his life by grant of our beloved brother Thomas earl of Kent, lately marshal of England, by our confirmation; and also the office of herald of the marshal before the steward and marshal of our household, which Guy Allesley holds for his life by grant of the lord Edward [III], late king of England, our grandfather, and by our confirmation; which offices after the death of the aforesaid John, Richard and Guy should revert to us and our heirs, after the death of the same John, Richard, and Guy shall remain to the aforementioned earl marshal, to have to him and his male heirs in perpetuity. And that the same offices, and all other offices in any of our courts and elsewhere, which pertained, and used to pertain to the said office of marshal [col. b] of England in times past, shall be fully restored, annexed, and reunited to the said office of marshal of England in perpetuity. And that the same earl and his male heirs may give, grant, or confer those offices on any suitable persons freely and without hindrance as soon as they shall have fallen vacant by death, demise, resignation, surrender, or in any other way, notwithstanding any of our letters patent made to the contrary.
Considerantes insuper strenuitatem et nobilitatem ipsius comitis, et ut ipse officium predictum decencius et honorificencius de cetero facere valeat et excercere, concessimus pro nobis et heredibus nostris eidem nunc comiti quod ipse et dicti heredes sui masculi, marescalli Anglie, racione officii sui predicti habeant, gerant et deferant, tam in presencia nostra et heredum nostrorum, quam in absencia nostra et heredum nostrorum, quendam baculum aureum, circa utrumque finem de nigro annelatum, et cum signo armorum nostrorum in superiori fine dicti baculi, et cum signo armorum ipsius comitis in inferiori fine ejusdem baculi ornatum; non obstante quod idem nunc comes tempore suo, seu prefati nuper comites, aut aliquis alius qui dictum officium marescalli Anglie ante hec tempora habuerunt, baculum ligneum portare seu deferre consueverunt. Hiis testibus, venerabilibus patribus Thoma archiepiscopo Cantuar', tocius Anglie primate, R. London', W. Wynton', J. Elien', E. Exon', cancellario nostro, episcopis; Johanne Aquitan' et Lancastrie, Edmundo Ebor', ducibus, avunculis nostris carissimis; Henrico Derb', Edwardo Rotel', Henrico Northumbr', comitibus; Reginaldo Grey de Ruthyn, Radulpho de Nevill', Johanne Lovell', militibus; Rogero de Walden', decano Ebor,' thesaurario nostro, Thoma de Percy, senescallo hospicii nostri, et aliis. Datum per manum nostram apud Westm' .x. die Februarii. (fn. iii-337-128-1) Considering also the vigour and nobility of that earl, and that he may in future the more fittingly and honourably perform and exercise the aforesaid office, we have granted for us and our heirs to the same present earl that he and his said male heirs, marshals of England, by virtue of their aforesaid office should have, carry, and bear, as well in the presence as in the absence of us and our heirs, a certain gold staff, with both ends enamelled in black, and with the emblem of our arms decorating the top of the said staff, and with the emblem of the arms of that earl decorating the bottom of the said staff; notwithstanding that the same present earl in his time, or the aforementioned former earls, or any other who had the said office of marshal of England before this time, used to carry or bear a wooden staff. Witnessed by these, the venerable fathers Thomas archbishop of Canterbury, primate of all England, Robert of London, William of Winchester, John of Ely, Edmund of Exeter, our chancellor, bishops; John of Aquitaine and Lancaster, Edmund of York, dukes, our beloved uncles; Henry of Derby, Edward of Rutland, Henry of Northumberland, earls; Reginald Grey of Ruthin, Ralph Neville, John Lovell, knights; Roger Walden, dean of York, our treasurer, Thomas Percy, steward of our household, and others. Given by our hand at Westminster on 10 February [1397]. (fn. iii-337-128-1)
Per ipsum regem in parliamento. [editorial note: The rest of m.2 has been left blank.] By the king in parliament.
[memb. 1]
A TRESEXCELLENT ET TRESPUISSANT PRINCE NOSTRE SEIGNOUR LE ROY SUPPLIONT HUMBLEMENT, VOZ POVERES COMMUNES DE VOSTRE ROIALME D'ENGLETERRE QE PLESE A VOSTRE HAUTESSE DE GRAUNTER EN SUPPORTACIOUN DE VOZ POVERES COMMUNES LES PETICIONS Q'ENSUENT. TO THE MOST EXCELLENT AND MOST POWERFUL PRINCE OUR LORD THE KING, YOUR POOR COMMONS OF YOUR KINGDOM OF ENGLAND PRAY HUMBLY THAT IT MAY PLEASE YOUR HIGHNESS TO GRANT THE FOLLOWING PETITIONS IN SUPPORT OF YOUR POOR COMMONS.
[col. a]
[Duties on split cargoes.] [Duties on split cargoes.]
34. < Custumers. > Primerement, suppliont les communes de vostre roialme: qe come il est use par les custumers et vostres autres officers par les costes de meer de vostre roialme, qe si ascun marchant qe eit biens ou marchandises deinz ascun karryk, niefs, ou autre vesselle veignant ou arryvant deinz ascun port d'Engleterre, vende parcelle de ses marchandises, ou bruse bulk de nief ou vesselle, deveroit paier pur l'entier custume de tout la marchandise et biens en ycelle karryk, vesselle, ou nief: issint qe nulle de voz liges demurantz en les contes costauntz al meer ne poient estre vitailles ne estorres de leur necessairs en les parties qe ils demuront, si ils ne achatount la marchandise entiere charge en ycelle vesselle, nief, ou karryk, a grant arrerissement de touz voz liges demurantz par les costes du meer de vostre dit roialme. 34. Customs officers. Firstly, the commons of your realm pray that whereas it is the practice of customers and other your officers by the coasts of the sea of your kingdom, that if a merchant who has goods or merchandise in a carrack, ship, or other vessel coming or arriving in any port of England sells part of his merchandise, or breaks bulk in the ship or vessel, he must pay the whole amount of custom on all the merchandise and goods in that carrack, vessel, or ship: so that none of your lieges dwelling in the counties bordering the sea can be provisioned or supplied with necessaries in the parts wherein they dwell, unless they buy all the merchandise with which the vessel, ship, or carrack is laden, to the great injury of all your lieges dwelling by the coasts of the sea of your said realm.
Qe plese a vostre roial mageste qe chescun marchant estrange ou denzein arryvant ou venant en ascun port ou custumers sont de vostre roialme, poent franchement vendre leur merchandises en parcelle d'icelle ou en gros au chescun de voz liges, paiaunt les custumes ent duement [col. b] ordeinez, solonc la quantite de ycelle biens ou merchandises ensi venduz: non obstant ascune ordenance ou mandement a contraire faitz ou affaire. May it please your royal majesty that all merchants, alien or denizen, arriving or coming into any port where there are customs officers of your kingdom, may freely sell their merchandise in part or in gross to each of your lieges, paying the customs duly ordained thereon, [col. b] according to the quantity of the same goods or merchandise thus sold: notwithstanding any ordinance or mandate made or to be made to the contrary.
[editorial note: Responsio.] [editorial note: Answer.]
Il y ad estatut en le cas sufficeant, quel le roy voet qe soit tenuz et gardez en touz pointz et duement execut, nientcontresteant ascune ordenance ou usage a contraire. (fn. iii-337-138-1) There is an adequate statute on the matter, which the king wishes to be upheld and kept in all respects and duly executed, notwithstanding any ordinance or usage to the contrary. (fn. iii-337-138-1)
[Purveyance of horses.] [Purveyance of horses.]
35. < Extorsions. > Item, priont les communes: qe come pluseurs grantes meschiefs, extorsions, et diseises sont faitz par diverses gentz de mauveys conscience, governance, et condicioun, qe de leur auctorite demesne preignent et facent prendre roialment chivalx, et autres choses et bestes, hors de leur carue, charette, et mesons de leur auctorite demesne; [sic] disantz et ymaginantz q'ils sont a chivacher en hastives messages ou busoignes, la ou en verite ils ne sont ascunement priviez de nulle busoigne ou message, mes soulement en disceit et subtilite pur prendre chivalx par tiel colour et ymaginacioun; et les [p. iii-345][col. a] ditz chivalx si hastivement chivachent et disaraient, nient eiantz regard a ascun manere conscience ou compassioun en celle partie, issint qe les [ditz chivalx] deveignent tout deperduz et afoundez, nulle manere chose ou denier paiantz pur ycelle, ne ascune manere viant eux donantz, si come overtement est conuz. Et auxi ascuns de tieux maneres gentz chaungiantz et variantz lour nounes, si preignent et chivachent tielx chivalx, et les amesnent tout hors aillours, issint q'ils qe eux doient ne purront unqes en apres par nulle manere voie en mounde lour ditz chivalx veier, re-avoir, ne savoir ou ils sont devenuz, a grant meschief, perde, anientissement, et pleine destructioun et arrerissement de vostre povere poeple, lour husbandrie, et de lour vivre. 35. Extortions. Also, the commons pray that whereas many great troubles, extortions, and injuries are caused by divers men of wicked conscience, governance, and condition, who of their own authority take and cause to be taken with royal authority horses and other items and animals from their ploughs, carts, and stables; saying and pretending that they are to ride on urgent messages and business, whereas in truth they are not in any way privy to any business or message, but only to deceit and scheming in taking horses under such a guise and pretence; and [p. iii-345][col. a] they ride the said horses too fast and mishandle them, having no conscience or compassion in the matter, so that the said horses are altogether broken and ruined, paying nothing or no money for the same, nor giving them any kind of food, as is well known. And also some of those people, changing and varying their names, take and ride such horses, and lead them far away, so that those who own them cannot ever after by any means in the world see or regain their said horses, or know what has come of them, to the great mischief, loss, ruin, and entire destruction and injury of your poor people, their husbandry and their livelihood.
Qe plese a vostre hautesse considerer graciousement cestes grantz meschiefs et grevances, et sur ceo d'ordeigner en cest present parlement ascune bone ordenance qe nulle manere persone si preigne chivalx forsqe ceux qe sont ordeinez, titlez, ou assignez par garrant, al oeps de nostre dit seignour le roy, et de les seignours roialx, et ceo d'avoir resonable lower pur leur chivaux, en salvacioun de voz poveres communes, et lour gaignerie; sur une certeine peyne sur ceo affaire, pur Dieu, et en oevere de charite. May it please your highness graciously to consider these great mischiefs and grievances, and ordain thereon in the present parliament a good ordinance, that no manner of person shall take horses for the use of our said lord the king and the royal lords except those who are ordained, entitled, or assigned by warrant, and therein to have a reasonable hire for their horses, to the salvation of your poor commons and their livelihood; on pain of a certain penalty to be made thereon, for God and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy voet qe nul desore ne preigne tiel chival ne beste en tiele manere, contre le gree de ceux a qi ils sont: et si ascun le face, et n'eit signe ou auctorite du roy sufficeant, soit pris et emprisonez tanqe il eit fait gree a partie. (fn. iii-337-144-1) The king wills that henceforth no one shall take any horse or beast in any way against the will of those to whom they belong: and if anyone does so, and does not have an adequate sign or authority from the king, let him be taken and imprisoned until he has compensated the party. (fn. iii-337-144-1)
[Ecclesiastical sanctions against royal officers.] [Ecclesiastical sanctions against royal officers.]
36. < Ministres du roi. > Item, priont les communes: qe par la ou chescun ministre de roy et des autres seignours soleint de droit et de aunciene custume de roialme faire attachementz et arestez, auxi bien dedeinz seinte esglise come dehors, a chescune suyte de touz maners contractz, forspris cryme et larcyne: et ore tarde, pluseurs evesqes de roialme facent excomenger touz tielx ministres fesantz ensi leur offices solempnement de jour en autre, et facent enquerre de leur nouns, et fount grevous punissement sur eux de penance et de fines, encontre la commune ley et droit de la corone nostre seignour le roy, et a grant damage de voz liges; dont due remedie et declaracioun pleise qe soit fait en cest present parlement, forspris en esglises enfraunchisez. 36. The king's ministers. Also, the commons pray that whereas every minister of the king and of other lords is accustomed by right and by ancient custom of the realm to make attachments and arrests, as well within holy church as without, at every suit of all manner of contracts, except crime and larceny: yet of late, many bishops of the realm cause all such ministers thus performing their duties solemnly from day to day to be excommunicated, and they enquire into their names, and grievously punish them with penances and fines, contrary to the common law and right of the crown of our lord the king, and to the great injury of your lieges; for which may it please you that due remedy and declaration be made in the present parliament, except in enfranchised churches.
[editorial note: Responsio.] [editorial note: Answer.]
Si ascun [se sente grevez pleigne en] especial, et droit lui serra fait. If anyone feels aggrieved let him make an individual complaint, and right will be done him.
[Certain statutes.] [Certain statutes.]
37. < Certeyn estatuts. > Le roy en son parlement [tenuz a Westm' en le] fest de Seint Vincent l'an de son regne vintisme, de l'assent des prelatz, seignours et communes de son roialme en mesme le parlement, pur quiete et [tranquillite de son poeple] ad fait certeins estatutz et ordenances q'ensuient: 37. Certain statutes. The king in his parliament held at Westminster on the feast of St Vincent in the twentieth year of his reign [22 January 1397], with the assent of the prelates, lords, and commons of his kingdom in the same parliament, for the quiet and tranquillity of his people, has made certain statutes and ordinances which follow:
Primerement, come [en un estatut] fait l'an septisme de regne nostre seignour le roy soit ordenez et assentuz qe nulle homme chivache deinz le roialme armez contre la fourme de l'estatut [de Norhampton sur] ce fait; (fn. iii-337-153-1) ne ovesqe lancegaye deinz mesme le roialme, et qe les ditz lancegayes soient de tout oustez deinz le dit roialme come chose defendue par le [roy, sur peine] de forfaiture d'icelles lancegaies, armures, et autres hernoys quelconqes es maines et possessioun d'iceux qi les portera delors deinz mesme le roialme, encontre ycelles estatutz et ordenances, sanz especiale congie du roy nostre seignour le roy considerant le grant clamour a luy fait en cest present parlement, de ce qe le dit estatut n'est mye tenuz, si ad ordenez et establiz en mesme le parlement qe les ditz estatutz soient pleinement tenuz et gardez, et duement executz, et qe les ditz lancegayes soient tout outrement oustez, sur la peyne contenue en le dit estatut de [col. b] Norhampton'; (fn. iii-337-153-2) et outre, de faire fin et ranceon au roy. Et outre ce, qe nul seignour, chivaler, n'autre petit ne grant, [travaile] ne chivache par noet ne jour armez, ne porte palet ne chapelle de ferre, n'autre armure, sur la peine suisdite. Sauvez et exceptz les officers et ministres du roy en faisantz leur offices. (fn. iii-337-153-3) Firstly, whereas in a statute made in the seventh year of the reign of our lord the king it is ordained and assented that no man should ride in the kingdom armed against the form of the statute of Northampton made thereon; (fn. iii-337-153-1) nor with a javelin in the same kingdom, and that the said javelins should be altogether ousted from the said kingdom as a thing forbidden by the king, on pain of forfeiting of such javelins, weapons, and other equipment whatsoever in the hands and possession of those who thereafter carry them in the same kingdom, contrary to the same statutes and ordinances, without the special permission of the king; our lord the king, considering the great clamour there has been in the present parliament because the said statute has not been upheld, has ordained and decreed in the same parliament that the said statutes be fully upheld and kept, and duly executed, and that the said javelins be altogether ousted, on pain of the penalty contained in the said statute of [col. b] Northampton; (fn. iii-337-153-2) and further, to pay a fine and ransom to the king. And furthermore, that no lord, knight, nor other great nor small shall travel nor ride by night or day armed, nor wear any helmet or cap of iron, nor any other armour, on pain of the aforesaid penalty. Saving and excepting the king's officers and ministers in performing their duties. (fn. iii-337-153-3)
[Livery.] [Livery.]
38. Item, qe vadletz appellez yomen, ne nul autre de meindre estat q'esquier, ne use ne porte nul signe, ne liveree appelle liveree de compaignie, d'acun seignour deinz le roialme, s'il ne soit meynal et famulier, ou officer continuel de soun dit seignour. Et qe les justices de la paix aient poair d'enquere de ceux qi font a l'encontre, et de les punir solonc leur discrecioun. (fn. iii-337-155-1) 38. Also, that valets called yeomen, and others of lesser estate than squire, shall not use nor wear any emblem or livery called livery of company of any lord in the realm, if he be not a menial or servant or a continual officer of his said lord. And that the justices of the peace have the power to enquire into those who act to the contrary, and punish them at their discretion. (fn. iii-337-155-1)
[No lord or other to sit with justices of assize.] [No lord or other to sit with justices of assize.]
39. Item, le roy voet et defende qe nul seignour, n'autre du paiis, petit ne grant, ne soit seant en banc ovesqe les justices as assises prendre en leur sessions es contees d'Engleterre, sur griefe forfaiture vers le roy. Et ad chargez ses ditz justices q'ils ne soeffrent [le contraire] estre fait. (fn. iii-337-157-1) 39. Also, the king wills and forbids that any lord or other person of the county, small or great, shall sit on the Bench with the justices of assizes to be held in their sessions in the counties of England, on pain of grievous forfeiture to the king. And he has charged his said justices not to allow the contrary to be done. (fn. iii-337-157-1)
[Alien merchants to sell their goods freely.] [Alien merchants to sell their goods freely.]
40. Item, qe come il soit contenu en un estatut de seignour Edward [III] nadgairs roy d'Engleterre, aiel a nostre seignour le roy q'orest, l'an de soun regne vint et oeptisme, (fn. iii-337-159-1) qe nul manere de nief qe soit frette devers Engleterre ou aillours, soit artez de venir a nul port d'Engleterre, ne y demurer contre le gree des mestres et marineres d'icelle, ou des marchantz as queux les biens sont: et si tieux niefs veignent de gree, ou soient chacez par tempeste ou autre infortune ou meschief a ascun port d'Engleterre, et les mestres et mariners ou marchantz de mesmes les niefs voillent vendre et deliverer partie de leur marchandises par leur bone voluntee, bien lyse a chescuny tiels marchandises achatre franchement, sanz empeschement en le port ou tiels niefs viendront, tout ne soient les marchandises mises a la terre pur vender. Et qe les mestres, marineres et marchantz, apres ce q'ils aueront issint [venduz ceo qe leur] plerra de leur ditz biens, et paient la custume, puissent franchement departier et aler, ove leur niefs, et tout le remenant de [leur biens, par la ou lour] plerra, sanz custume ent paier. Nostre seignour le roy, pur la quiete et ease de son poeple, voet qe le dit estatut soit tenuz et gardez [en touz pointz, et] duement executz: nientcontreesteant aucune ordenance ou usage a contraire. (fn. iii-337-159-2) 40. Also, whereas it is contained in a statute of the lord Edward [III], late king of England, grandfather of our lord the present king, in the twenty-eighth year of his reign, (fn. iii-337-159-1) that no manner of ship loaded for England or elsewhere should be compelled to come to any port of England, nor to stay there against the will of the masters and mariners of the same, nor of the merchants to whom the goods belong: and if such ships come willingly, or are driven by tempest or other misfortune to any port of England, and the masters and mariners or merchants of the same ships wish to sell and deliver some of their merchandise by their good will, it should be lawful for all to buy such merchandise freely and without hindrance in the port where such ships come, provided that the merchandise be not sold on land. And that the masters, mariners, and merchants, after they have sold what they please of their said cargo, and have paid the custom, should be able to depart and go freely with their ships and all their remaining goods, wheresoever they choose, without paying custom thereon. Our lord the king, for the quiet and ease of his people, wills that the said statute be upheld and kept in all respects, and duly executed, notwithstanding any ordinance or usage to the contrary. (fn. iii-337-159-2)
[Purveyance of horses.] [Purveyance of horses.]
[41.] Item, purceo qe les communes [ont fait compleint qe pluseurs grantz] meschiefs, extorsions, et disees sont faitz par diverses gentz du mauveis condicion, qe de lour autorite demesne preignent et [fount prendre roialment chivaux,] et autres choses et bestes hors de lour charues, charettes, et mesons; disantz et imaginantz q'ils sont a chivacher [en hastives messages, ou bosoignes,] la ou en veritee ils ne sont ascunement [priviez] de nul bosoigne ou message, mes soulement en deceite et [subtilite pur] prendre [chivaux] par tiel colour et ymaginacion, et les ditz chivaux si hastivement chivachent et defoulent, nient eiantz ascun manere conscience ou compassion en celle partie, issint qe les ditz chivaux deviegnent tout deperduz et foundez, nulle manere chose ne [denier paiantz pur] ycelles, [ne ascune] manere de viant donantz a eux. Et auxi qe ascuns de tieux maneres dez gentz changeantz et variantz lour [nouns, cy preignent et chivachent tielx chivaux, et] les amesnent tout hors aillours, issint q'ils as queux il sont ne purront unqes en [apres par nulle manere voie lour ditz chivaux veire, re-avoir,] ne savoir ou ils sont devenuz, a grant meschief, perdre, et anientissement [p. iii-346][col. a] et destruction, et arerissement [du povre poeple, du roy, leur husbandrie,] et de lour vivre. Nostre seignour le roy [voillant pur quiete et eese de son poeple ent faire remedie, voet et ordeine qe nul desoreenavant preigne] null tiele [chival ne beste en tiele manere,] contre [le gree de ceux a qi ils sont. Et si ascun le face et n'eit signe ou auctorite du roy] sufficeant, soit pris et enprisone tanqe il auera fait duement [gree a partie.] (fn. iii-337-161-1) [41.] Also, because the commons have complained that many great mischiefs, extortions, and injuries have been caused by various people of ill condition, who of their own authority take and cause to be taken horses and other things and beasts from their ploughs, carts, and stables, saying and pretending that they are to ride on urgent messages or business, whereas in truth they are not in any way privy to any business or message, but only to deceit and scheming in taking horses under such guise and pretence; and they ride the said horses too fast and mishandle them, having no manner of conscience or compassion in the matter, so that the said horses are entirely broken and ruined, paying nothing or no money for the same, nor giving them any kind of food. And also that such manner of people, changing and varying their names, take and ride such horses, and lead them far away, so that those to whom they belong can never see nor regain their said horses by any means, nor do they know what has become of them, to the great mischief, loss, ruin, [p. iii-346][col. a] destruction, and injury of the poor people, the king, their husbandry and their livelihood. Our lord the king willing for the quiet and ease of his people to provide a remedy thereupon, wills and ordains that no one henceforth should take any such horse or beast in such a way against the will of those to whom they belong. And if any does so and has no adequate sign or authority from the king, let him be taken and imprisoned until he has duly compensated the party. (fn. iii-337-161-1)
[Recall of the judges from exile.] [Recall of the judges from exile.]
41. [sic: read '42'] [Item, nostre seignour le roy est assentuz, et ad grantez de sa grace especiale, par assent] et acord de [col. b] touz siegnours espiritueles et temporeles, et de touz les communes [a cest parlement, a Robert Bealknapp, Johan Holt, et William] Burgh, chivalers, banniz et demurrantz en Irland, q'ils reviendront en Engleterre, illoeqes a demurrer pur terme de lour vies, et q'ils soient persones [ables al commune ley] come liges du roy, sanz estre de ceo empesches: nientcontreesteant l'estatut ent fait l'an du regne nostre dit seignour le roy unzisme. (fn. iii-337-163-1) Sauvant toutdiz de eux touz autres poynts en le dit estatut contenues. [42.] Also, our lord the king has assented and granted of his special grace, by the assent and agreement of [col. b] all the lords spiritual and temporal and all the commons at the present parliament, to Robert Bealknap, John Holt and William Burgh, knights, banished and dwelling in Ireland, that they may return to England to remain there for the rest of their lives, and that they shall be persons able at common law like the king's lieges, without hindrance therein: notwithstanding the statute made in the eleventh year of the reign of our said lord the king. (fn. iii-337-163-1) Saving always of them all other points contained in the said statute.

Appendix January 1397

22 January 1397

Westminster

1

Full pardon and restoration of his lands and goods to Thomas Haxey, clerk, and remission of the judgment given against him in parliament on 7 February, when he was brought into the White Chamber before the lords temporal and the commons and adjudged a traitor for exhibiting a bill before the commons in that parliament. Dated 27 May 1397. The text of the bill which Haxey admitted exhibiting to the commons is here given in full, as follows:

'May it please the commons of England in this present parliament to consider the very great costs of our lord the king in his household, as well as the multitude of bishops and ladies with their followers and people attached to them, which is not as it was in the time of his progenitors; and to ordain due remedy for this, so that the aforesaid bishops with their households shall in future remain in their lordships, which will not only alleviate the burden on our lord the king and his people, but will also be of benefit and salvation to the subjects of the said bishops, as well as bringing other advantages. Also, may they consider how last year the Holy Father imposed a charge of four pence in the pound on the clergy of the diocese of Canterbury, which imposition was expressly contrary to the regality of our lord the king, to the great damage and destruction of the clergy and commons of England, and the annulment of the rights of the crown of our said lord the king; and to ordain a due remedy for this, for the salvation of our said lord the king and his realm, for God and by way of charity.'

Source : Printed in full in RP , III.407-8. See also CPR 1396-9 , 141.

2

Petition to the king and lords of parliament from the burgesses of Ipswich (Suffolk) for a reduction in their annual fee-farm of sixty pounds, on account of their poverty.

Endorsed : See no. 8 below.

Source : Printed in full in RP , III.447.

3

Petition to the king and council in parliament from the burgesses and commons of Great Yarmouth (Norfolk), on account of the poverty and depopulation of the town and the silting up of the port, for a reduction in the charge of one hundred pounds which they customarily pay to the king when a fifteenth and tenth is granted in parliament. This is in addition to their annual fee-farm of sixty pounds to the king.

Endorsed : See no. 8 below.

Source : Printed in full in RP , III.447.

4

Petition to the king from the citizens of Lincoln for a reduction in their annual fee-farm of one hundred and eighty pounds to the king, since on account of the poverty and depopulation of the city no more than a third of this sum can now be raised.

Endorsed : See no. 8 below.

Source : Printed in full in RP , III.447.

5

Petition to the king from the commons of the county of Westmorland, claiming that the former royal treasurer, the bishop of Salisbury [John Waltham, treasurer 1391-5], and other royal councillors promised them that because of the destruction committed by the Scots in the county they would be pardoned a quarter of their contribution to the half fifteenth and tenth granted by the commons in the parliament of November 1391, which quarter amounts to forty-seven pounds, thirteen shillings and ten pence. Nevertheless, officers of the royal exchequer have begun a process against the sheriff of Westmorland to distrain the collectors in the county to raise this sum. They therefore request that the king order his ministers of the exchequer to halt this process.

Endorsed : See no. 8 below.

Source : Printed in full in RP , III.447-8.

6

Petition to the commons in parliament from Robert at Mill of Guildford, who was found by an inquest held at Southwark before John Wadham and his fellow justices of oyer and terminer in Surrey and Sussex to have discovered ancient treasure to the value of six hundred pounds buried in the ground in a house at Guildford, as a result of which it was awarded at the inquest that the treasure belonged to the king, and the petitioner has paid fifty marks of the said sum at the exchequer, to his ruin and destruction. Mill claims, however, that he is guilty of nothing, and begs the commons to ask the king to be merciful towards him.

Endorsed : See no. 8 below.

Source : Printed in full in RP , III.448. (See also Parliament of 1393, item 32).

7

Petition to the king and lords of parliament from the commons claiming that villeins belonging to lords, bishops, abbots, priors and other gentlemen are fleeing daily to merchant towns, which towns detain them on account of their franchises, sometimes forcibly, so that the lords to whom the villeins belong are unable to reclaim them. This is to the disinheritance of the lords, as well as being a bad example to other villeins, who, seeing that there is no remedy for this, refuse to perform their customary services, while their lords do not dare to constrain them for fear that they might flee.

Endorsed : See no. 8 below.

Source : Printed in full in RP , III.448.

8

Petition to the king and council in parliament from the merchants and mariners of the realm, who have tried for a long time to pursue their claim against the towns of Lubeck, (...ysseme?), Rostock and Stralsund for the restitution of certain of their boats, filled with merchandise, which were violently seized by robbers from those ports on various occasions; and although the king has sent letters of privy seal including threats of reprisals in each of the last three years in an attempt to remedy this, these towns will not make restitution or do justice. They therefore request the king once again to do whatever is in his power in order to secure recovery of these ships and goods from the four aforementioned towns.

Endorsed : The response to the aforesaid ten petitions [The remaining three in the bundle are illegible]:

Be it remembered that these ten petitions, which are annexed together, were sent to the king by the commons in parliament, who begged the king of his grace that he be pleased to take the matters included in them tenderly to his heart and to ordain a gracious remedy with regard to them. Whereupon the king, having heard the said petitions, of his grace and with the assent of parliament, commissioned certain of the lords, namely the archbishop of Canterbury, the duke of Lancaster, the bishop of Winchester, the bishop of Salisbury, the earl of Rutland and the earl marshal, along with the officers of the king, to try, read and examine the said petitions by the quinzaine of Easter next, and moreover to ordain by authority of parliament recompense or other reasonable remedy in these cases, such as shall seem best to them according to their discretion.

Source : Printed in full in RP , III.448.

9

Licence, with the assent of the prelates and magnates in parliament, for Roger Beaumont, clerk, who has submitted a petition to parliament, to continue to pursue his suit against John Pauston for a prebend or portion in the church of St Teath (Cornwall), in the Roman curia or any other ecclesiastical court, notwithstanding the Statute of Provisors. By petition of parliament. Dated 27 January 1397.

Source : CPR 1396-9 , 56-7.

10

Commission to Thomas, archbishop of Canterbury, and others, with the assent of the magnates and prelates in parliament, to decide the long and costly dispute between John, bishop of Ely, and the abbot and convent of Ramsey, concerning the appropriation of the churches of Shillington (Bedford) and Therfield (Hertford), notwithstanding any title or interest which the king might have in the matter as a result of the judgment given in parliament against Thomas Haxey, to whom the abbot and convent had granted the advowson of Therfield. By petition in parliament. Dated 9 February 1397.

Source : CPR 1396-9 , 57.

11

Exemplification of a petition exhibited in parliament by the abbot and convent of St Mary Graces by the Tower of London concerning various lands in London and its suburbs granted to them by King Edward III, of which they have been unable to secure peaceable possession. They request that the chancellor be empowered to decide the case by calling the parties before him in the chancery. Dated 14 March 1397.

Endorsed : Let them sue their case in the chancery, where all possible aid and remedy ought to be afforded to the petitioners, according to the discretion of the chancellor and by advice of the justices.

Source : Printed in full in RP , III.408. See also CPR 1396-9 , 93.

12

Licence, with the assent of the lords and magnates in parliament, for William Culling to accept the provostship of the collegiate church of St Thomas the Martyr in Glasney (Cornwall), in succession to John Edneues, who received it by papal provision, as a result of which Culling does not dare to sue for the provostship in England without the king's licence. By petition of parliament. Dated 6 February 1397.

Source : CPR 1396-9 , 154.

13

Order to the sheriff and escheator of Essex to remove the king's hand from the manors of Braxted, Wallbury and Hassingbroke (Essex) and to restore them to Reginald Lord Grey of Ruthin and William Beauchamp of Abergavenny; Grey and Beauchamp have submitted a petition to parliament requesting this, and it was decided in parliament to commit the case to the chancellor, who would have the power to do justice by authority of parliament; the chancellor has since decided, with the advice of the justices, that the manors should be restored to Grey and Beauchamp. Dated 29 May 1397.

Source : CCR 1396-9 , 110.

Footnotes

  • J1397int-1. CCR 1396-9 , 74-5.
  • J1397int-2. CCR 1396-9 , 29.
  • J1397int-3. HOC , I.164.
  • J1397int-4. For comment on the parliament, see Tuck, Richard II and the English Nobility , 181-3; Saul, Richard II , 368-71; Dodd, Reign of Richard II , 75-8.
  • J1397int-5. See Appendix, Item 1. His bill also complained about clerical taxation, but this aspect of it seems to have been ignored.
  • J1397int-6. CCR 1396-9 , 34.
  • J1397int-7. For a discussion of his career, see A. K. McHardy, 'Haxey's Case, 1397 : The Petition and its Presenter Reconsidered', in The Age of Richard II , ed. J. L. Gillespie (Stroud, 1997), 93-114; and for his pardon, see Appendix, Item 1.
  • J1397int-8. McHardy, 'Haxey's Case, 1397', passim; and see the comments of Dodd, Reign of Richard II , 78, who points out that Haxey's bill may be an early example of the process whereby the lords 'sent down' bills for consideration by the commons, a method of securing commons' support which was to become common during the fifteenth century, partly in order to try to avoid the filtering process by which the crown attempted to control the petitioning process.
  • J1397int-9. Given-Wilson, Royal Household , 79.
  • J1397int-10. Powell and Wallis, House of Lords in the Middle Ages , 414.
  • J1397int-11. For Richard's increasing use of such language in the 1390s, see N. Saul, 'Richard II and the vocabulary of kingship', EHR , 110 (1995), 854-77.
  • J1397int-12. Dodd, Reign of Richard II , 75-6.
  • J1397int-13. Annales , 195-6.
  • J1397int-14. Vita Ricardi Secundi , 137.
  • J1397int-15. CCR 1396-9 , 134-5.
  • iii-337-46-1. Stat. 42 Edw.3 c.5.
  • iii-337-46-2. Stat. 16 Ric.2 c.4.
  • iii-337-83-1. Stat. 13 Ric.2 c.2.
  • iii-337-102a-1. Parliament of 1354, Items 8-12.
  • iii-337-128-1. CPR 1396-99 , 86.
  • iii-337-138-1. Stat. 20 Ric.2 c.4. The statutes of this parliament are printed in SR , II.92-4.
  • iii-337-144-1. Stat. 20 Ric.2 c.5.
  • iii-337-153-1. Stat. 7 Ric.2 c.13.
  • iii-337-153-2. Stat. 2 Edw.3 c.3.
  • iii-337-153-3. Stat. 20 Ric.2 c.1.
  • iii-337-155-1. Stat. 20 Ric.2 c.2.
  • iii-337-157-1. Stat. 20 Ric.2 c.3.
  • iii-337-159-1. Stat. 28 Edw.3 c.13.
  • iii-337-159-2. Stat. 20 Ric.2 c.4.
  • iii-337-161-1. Stat. 20 Ric.2 c.5.
  • iii-337-163-1. Stat. 11 Ric.2 c.1.