Henry VI: July 1433

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

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'Henry VI: July 1433', in Parliament Rolls of Medieval England, (Woodbridge, 2005) pp. . British History Online https://www.british-history.ac.uk/no-series/parliament-rolls-medieval/july-1433 [accessed 19 April 2024]

In this section

1433 July

Introduction 1433

Westminster

8 July - 13 August

13 October - c. 18 December

C 65/92, RP , IV.419-457, SR , II.278-88

C 65/92 is a roll of eighteen membranes, each approximately 310mm in width, sewn together in chancery style, and numbered in a later hand. In addition, two separate schedules have been sewn to its dorse. The first, consisting of two separate pieces of parchment, has been attached where membranes 13 and 14 are joined. This has been copied verbatim onto the parliament roll (no. 23). The first part consists of one membrane and begins 'Metuendissimo domino nostro regi', ending with 'intuitu caritatis'; the second part has four membranes: m.1 begins, 'Cum venerabilis pater Thomas'; m.2, 'Et predictus Willelmus'; m.3, 'faceret voluntatem suam'; m.4, 'Item, dicit quod', ending with, 'in premissis'. The second schedule of three membranes records the treasurer's account (no. 24) which has been attached to the dorse of the roll where membranes 12 and 11 are joined. The condition of the roll is good, though membranes 12, 11, 5 and 1 are stained with gallic acid. The lower halves of membranes 18, 9, 8, 7 and 6 are blank.

The composite nature of the roll is clear. After the first membrane (18) of opening business down to the election of a speaker (items 1-9), a new membrane (17) is started for the principal decisions and acts, including the oathtaking by the lords (items 10-16). The next membrane, 16, begins with the commons' request for Bedford to stay in England, and contains his articles, which continue on membrane 15 (items 17-19). Membrane 14 contains the financial grants of the parliament (items 20-22). Membranes 13 and 12 contain only the petition of the bishop of Durham (item 23). The treasurer, Ralph Cromwell's petition follows on membrane 11, and has attached to it as a schedule his financial statement. Membranes 10 to 6 contain the private petitions with items 26, 32, 36, 38 and 40 starting new membranes. Thus the longest private petition, item 40 for Lady Abergavenney, occupies its own membrane. The common petitions begin a new membrane (5) and occupy the remaining membranes of the roll. In all cases save one, the membrane starts with a new petition. Item 60, however, has its main text on membrane 3 with the royal answer commencing membrane 2, suggesting continuous writing up.

The text, written in an official chancery script, occupies the rectos of the membranes only. The dorses are blank apart from later notes, 'parl' 11 H. 6', where the membranes are joined. Marginal headings on membranes 18 to 6 are contemporary, whilst those for the common petitions on membranes 5 to 1 are later. Arabic numerals throughout the roll are later, but the Roman numerals are contemporary. The roll does not appear to be incomplete.

The parliament of 1433 opened on Wednesday 8 July and was prorogued on Thursday 13 August. It reopened on Tuesday 13 October and finally closed around Friday 18 December although the exact end date is not known. It was actually in session for fifteen weeks, making it the third longest of the reign to date (those of 1427 and 1429 being in session for longer). But its total duration from its opening to closure, at twenty three weeks and four days is the longest of the reign to date. Its roll, at eighteen membranes, is the second longest of the reign to date, with only that of 1423 being longer because of the inclusion of the inventory of Henry V's goods. That for 1433 is also boosted by financial materials, in this case the statement of the treasurer, Ralph, lord Cromwell (items 24-25), which occupies a schedule of three membranes attached to the roll. There are also twenty-eight common petitions, the second largest number since the commencement of the reign, outstripped only by the forty-one found at the coronation parliament of 1429.

The parliament of 1432 had closed on 17 July of that year. The writs of summons for a new parliament were issued just over 10 months later, on 24 May 1433. Only six weeks and four days were allowed for elections and travel given that the opening was scheduled for 8 July. This was a parliament, then, which was assembled quickly and which was held less than a year after its predecessor. Only the parliament of 1426 outstrips it in both characteristics, being assembled within six weeks of the issue of summons and held only seven and a half months after the end of its predecessor. The parliaments of 1426 and of 1433 have one major factor in common: both of them were presided over by John, duke of Bedford rather than by his brother Humphrey, duke of Gloucester.

Chroniclers note Bedford's presence at the parliament. Indeed, in the case of Gregory's Chronicle and the BL Cleopatra C IV Chronicle, that is all that is mentioned save for the timing of the first session and the opening date of the second. (fn. int1433-1) Benet is more expansive, noting that Bedford came to the parliament with his new wife, Jacquetta of Luxembourg, although it does not name her. Benet mentions the grant of a lay subisdy but says that it was payable over four years with an exoneration of £6000, when in reality it was payable in four instalments at half yearly intervals (i.e over two years) with a reduction of £4,000. His claim that the parliament lasted until the Purification (2 February) 1434 is very unlikely. (fn. int1433-2) Although, as noted earlier, the precise end date is not known, it is almost certain that this was before Christmas as no prorogation is cited for a Christmas recess.

It is clear that relations between Bedford and Gloucester were not harmonious at this time. Bedford was already aware that criticism of his handling of the war was circulating, fanned by Gloucester. His return from France was no doubt prompted by this as well as by his desire to keep the peace between his brother and Cardinal Beaufort, and within the realm as a whole. Although the parliament of 1432 had ended with a compromise, resentment continued to simmer between Gloucester and Beaufort, since the former had failed in his attack on the Cardinal and the latter had been forced to defend his position and make financial concessions. Events in France were not proceeding well. Negotiations in November 1432 and March 1433, presided over by Cardinal Albergati, were fruitless. Bedford had failed in his attack on recover Lagny despite a long siege from May to August 1432. It was clear that to maintain the English position, and to be able to negotiate from a position of strength in any future diplomatic endeavours, more money and support from England were needed. Bedford's return to England in 1433 was thus motivated by a desire to protect his own position and to strengthen his hand in France, but it seems likely that he had also been moved by criticisms of Gloucester's regime as advanced by Beaufort, who seems to have sought out Bedford in Normandy in the spring of 1433 rather than going as planned to the Council of Basel. (fn. int1433-3)

Prompted, perhaps, by Cardinal Beaufort, Bedford whilst still in France arranged a meeting of the councils of England and Normandy at Calais in April 1433. Gloucester crossed to Calais for this meeting, which was also attended by Beaufort, who secured his return to influence by a generous loan of 10,000 marks. The financial plight of the English was made clear by the fact that there was no revenue which could be put up as security for the loan: some lords of the council provided letters of obligation that repayment would be made out a future lay subsidy or out of exchequer revenues. Harriss notes that this effectively put the treasurership, held by John, lord Scrope, into commission. Indeed it was probably the first stage in removing the latter from office. Scrope, who had been appointed at Gloucester's behest after the king's return from France in 1432, was replaced by Ralph, lord Cromwell on 11 August 1433, slightly over four weeks after the parliament had opened. Cromwell was certainly outside the Gloucester group: he had, after all, complained in the parliament of 1432 (Parliament of 1432 item 17) that he had been removed perfunctorily from the office of chamberlain. His appointment was even more significant as an expression of Gloucester's loss of influence on Bedford's return to England. (fn. int1433-4)

Gloucester and the other members of the English council returned to England in mid-May 1433. Beaufort followed around 10 June, having failed in his efforts to arrange a meeting between the dukes of Bedford and Burgundy at Saint-Omer at the end of May. Links between these two erstwhile brothers-in-law had been damaged by the death of Duchess Anne of Bedford in November 1432 and by Bedford's marriage to Jacquetta of Luxembourg in late April 1433. (The celebration of the marriage was no doubt another reason why Bedford had called his brother and a large number of lords to Calais.) Bedford and his new wife crossed to England on 24 June 1433. Writs of summons for a parliament had already been moved on 24 May for a parliament to be held at Westminster on 8 July. (fn. int1433-5) It would appear, therefore, that the decision to call a parliament had been made at the meeting of the councils at Calais. Bedford's return was already anticipated when the writs were issued, since, for only the second time in the reign, he received a summons.

Fifteen of the episcopate received personal summons. The see of St Asaph was vacant, Robert of Lancaster having died around 26 April 1433, although his successor, John Lowe, had his temporalities on17 October 1433 and was probably at the second session. The bishop of St David's, Benedict Nicholls, died on 25 June 1433 and his successor was not appointed until early in 1434. The bishops of Bangor, Salisbury, Rochester, Winchester and Worcester received summons to themselves or their vicars general, as they were expected to be absent at the Council of Basel. In the event, only the bishop of Worcester attended the Council, where he died on 23 August 1433. During the parliament, on 22 November, the commons requested that Thomas Bourgchier might be 'recommended unto our church of Worcester' given that there was now a vacancy. The king responded by sending letters to the prior of Worcester and to the pope (Parliament of 1433, Appendix item 18). Bourgchier was elected on 9 December 1433, and provided to the see by the pope on 9 March 1435, receiving his temporalities on 15 April. Cardinal Beaufort was certainly present at both sessions. Davies suggests that at least eleven bishops attended the first session and fourteen the second . (fn. int1433-6) Twenty-seven heads of religious houses were summoned, the same group as in 1432.

As for lay peers, thirty-five were summoned. These included three dukes, Bedford, Gloucester and York. For the last named, it was his first summons, given that he had come of age in 1432 and had successfully petitioned the parliament of that year for livery of his inheritance (Parliament of 1432, item 25). John, duke of Norfolk had died on 19 October 1432 and his son (b. 1415) was still a minor. Six earls were summoned, as in 1432 (Suffolk, Northumberland, Salisbury, Oxford, Westmorland and Warwick). Twenty-six barons were summoned, of whom twenty-four had also received summons in 1432. The two newcomers were Sir John Cornwall, who had been elevated in the parliament of 1432 to the barony of Fanhope, and John, lord Talbot, who had previously been in France. We know the names of all 264 MPs.

The attendance of lay lords in the first session is not known. An unusually large number of lay peers were appointed triers of petitions: Bedford, Gloucester, Warwick, Stafford, Suffolk, Salisbury, Northumberland, Lovell, Tiptoft, Cromwell and Hungerford (items 7 and 8). It will be noticed that this list includes the earl of Stafford, who was not included in those summoned on 24 May. On 26 July the council excused the absence of Lords Dacre and Fauconberg at parliament so that the truce with Scotland could be better maintained. (fn. int1433-7) It seems that a particularly low number of peers reassembled for the second session which opened on 13 October. On 1 November, new writs were addressed to four bishops (St Asaph, Coventry and Lichfield. Exeter, Hereford), nineteen abbots and priors, and sixteen lay peers (Northumberland, Salisbury, Berkeley, Grey of Ruthin, Strange, Latimer, Greystoke, Botreaux, Dacre, Harrington, Audley, Grey of Codnor, Fitzhugh, Fauconberg, West). These totalled thirty-nine out of the eighty-eight originally summoned. (fn. int1433-8)

Fifty-nine peers took an oath at the parliament sometime between 3 November and 5 December (item 15). These included fourteen bishops, fourteen abbots and priors and thirty-one lay peers. Two of the latter were described as minors, the earl of Devon and the duke of Norfolk, who had never been included in either summons yet seem to have been present at the parliament. The earls of Huntingdon and Stafford, and Edmund Beaufort, count of Mortain, were also in the list of oath takers although they had not received any summons either on 24 May or 1 November. This was also the case for Sir Henry Bourgchier, who had succeeded to the estates of his cousin Elizabeth Bourgchier, widow of Lewis Robessart, lord Bourgchier, in July 1433. At the following parliament of 1435, Bourgchier received a personal summons at the outset as Henry Bourgchier, count of Eu. (fn. int1433-9) Roskell calculated that four of the bishops, eleven of the abbots and priors and ten of the lay peers who had been resummoned had still failed to turn up, although if the oath was indeed sworn on 3 November, it is hardly surprising, as only two days had intervened since the new summons. (fn. int1433-10) None the less, there was clearly now quite a high attendance of peers, and even of abbots and priors, not generally known for their propensity to attend in large numbers, indicative of the seriousness of the issues, and of the desire on the part of the government to have as many peers present as possible.

Parliament opened at Westminster on Wednesday 8 July. Unusually, the opening section remarked not only on the presence of the king but also of the dukes of Bedford and Gloucester and Cardinal Beaufort (item 1). The opening sermon was given by the chancellor, John Stafford, bishop of Bath and Wells, using a text from the Psalms, 'Let the mountains bring forth peace to the people and the hills justice'. The account of his sermon is quite short in comparison with others; the clerk refers, perhaps rather lazily, to how the bishop explained things clearly 'by means of many authorities, histories and examples'. The text enabled the bishop to bring to mind the three estates, and the qualities expected of each of them. Such themes mirror those of other sermons of this period of the minority, not least the emphasis on the need for obedience on the part of the lower orders, the maintenance of true justice by the knights and middle estate, and the need for unity amongst the peers. If everyone conducted themselves in the proper fashion, then this would not only be pleasing to God but also of benefit to the king and his realm. A parliament had thus been called so that the 'mountains' (presumably the lords, for it is unlikely that peace with France is intended) could embrace peace, the 'hills' administer justice to the common people, and the common people obey the holy and secular laws.

It was not until the fourth day, Saturday 11 July, that the speaker, Roger Hunt, was presented (item 9). This may suggest that it had taken time for a choice to be settled, or a volunteer to be found. Hunt had been speaker in 1420 and had sat for Huntingdonshire in every parliament since, save for that of December 1421. He had also acted on behalf of John Mowbray, earl and subsequently duke of Norfolk, in the precedence dispute with the earl of Warwick in the parliament of 1425. He was a lawyer who had served the crown and several of the leading magnates. His links with John, lord Tiptoft, seem to have been particularly strong. Tiptoft was not on good terms with Gloucester, especially as the duke had removed him from his stewardship of the household in 1432. Hunt's election 'may perhaps be taken to suggest that the Lower House was now not very likely to provide much support for the policies of Gloucester and his friends'. (fn. int1433-11)

The presence of Bedford was in part an indictment of Gloucester's previous mishandling of affairs. But Bedford felt vulnerable because events had not gone well in France since the king's visit. Moreover, after an absence of over six years, he needed to reestablish his position in England as the king's elder uncle and heir presumptive. On 13 July, therefore, he made a statement to the parliament (item 10). This began by alluding to matters concerning the king and his possessions in France. Its main purpose, however, was to explain why he had returned to England. Rumours had been spreading that failures in France were due to his mismanagement. He invited any who wished to make such charges to make them openly now, before the king in parliament. Reference here to how such accusers might be dealt with should they be of similar rank and birth to the duke himself, makes it abundantly clear that Gloucester was in the forefront of Bedford's mind as his detractor. Gloucester's presence in the ensuing debate is explicitly mentioned, as is his voice in the denial of any doubts about Bedford's probity, which was then declared through the chancellor. Indeed, Bedford was thanked on behalf of the king (and perhaps even by the king himself, although it is not clear here whether the king spoke in person or through his chancellor) for his services to the king and for coming to England at this stage.

The next item on the roll (item 11) is the prorogation of parliament on Thursday 13 August because of fears of plague in London and its vicinity, and because there were rumours of popular unrest about which the king wished to be informed. Thus it was appropriate that the members should return to their constituencies to find out what was happening. Besides, now was the season of harvest to which the commons had to attend, whilst the lords pursued their 'recreations and hunting'. On the day of the prorogation the treasurer was empowered to restrict assignments from 20 July until 13 October, when parliament was due to reassemble, save for those made for the royal household or in the case of money lent to the king (item 12).

It is difficult to know what business was transacted in this first session save for that already noted. The second session, however, is easier to reconstruct, although the roll does not run in wholly chronological fashion. the parliament reopened on Tuesday 13 October. On 18 October, the treasurer, Ralph, lord Cromwell, presented his petition (item 24-25). Presumably this took some time to be discussed. What Cromwell presented was a financial statement of royal income and expenditure based on figures relating to the years 1429-1432. Lord Hungerford had provided such a statement as treasurer to the Leicester parliament of 1426, as had William Kynwolmarsh in 1421. (fn. int1433-12) As Kynwolmarsh had come to office a few months before the parliament of May 1421 (on the very day the writs for that meeting were moved), Hungerford shortly before the parliament of 1426, and Cromwell a month into that of 1433, it is probable that such statements to parliament were expected after the appointment of a new treasurer, although Scrope had not, it seems, provided a statement for the parliament of 1432, nor John Stafford after his appointment in December 1422, and Hungerford's statement appears to be no longer extant.

The link to Cromwell's recent appointment, and to past practice, is made in the opening section of his petition to the parliament, as is an explanation of how the accompanying schedule came about (item 24). Here it is noted that he accepted office 'under a certain protestation', namely that he should detail in writing requests which he considered of potential benefit to the king, 'in order to avoid the displeasure and indignation of your highness'. This implies that he wanted to make clear the financial situation at the point that he took up office, in order to avoid later criticism for problems which were not of his making. He continues by mentioning that both in the current and previous reigns, the 'estate and needs' of the king had been notified to parliament. In the present parliament, 'it had been clearly presented and declared' that there was a deficit, but the lords and commons needed to be made more fully aware of why this was so. Thus, in order that they might understand better, and to remove any doubt they might have, he asked that the lords should inspect and examine books and records of the exchequer drawn up by the officials of the latter. (It is interesting to note that on 12 August, the penultimate day of the first session of the parliament, orders had gone out to the collectors of customs to bring in their accounts in person to the treasurer and barons of the exchequer on 30 September next. Presumably this was connected with the desire to draw up a statement of account. (fn. int1433-13) )

At the end of Cromwell's petition, it is noted that the treasurer presented the books of account which had been drawn up by the exchequer officials, 'and attached to the present roll'. These were then read through in outline and heard (summarie perlecti fuerunt et auditi). This was to the lords, since it was then ordered that this same 'state of the realm' (statum regni) should be shown to the commons in their common chamber on the following day in the same form (eodem modo). It is not exactly clear how the statement was actually communicated. Was it read out in full, or is the use of the term 'summarie' an indication that the treasurer outlined the main points. Likewise, should we take 'auditi' simply as 'heard', meaning that the lords listened to the reading (whether in full or outline), or should it carry the more technical meaning of 'audited' in the sense of being approved and agreed by the lords? The text suggests that the form of presentation in the commons was intended to be the same as in the lords. There can be no doubt that this 'state of the realm' is what is now attached as a schedule to the roll. As John Kirby has argued, the three membranes of the schedule are clearly in an exchequer hand, and were likely prepared in the exchequer by Nicholas Dixon, one of the barons of the exchequer, and others. Kirby noted that the total cost of preparation may have been as high as £78, an indication of how much work was needed to produce the various figures. (fn. int1433-14)

Such a statement was likely common practice at the entry to office of a new treasurer, and therefore not simply a reaction to the particular financial problems in which the kingdom now found itself. It mentions, however, that one of the purposes of the statement was to ensure that provision might be made in the parliament as was necessary for the various costs incumbent on the king - his household, the governance of the realm, defence and other costs, and the settling of royal debts. Cromwell further petitioned for permission to give preference to the household and wardrobe and royal works, and that no gift or alienation of royal revenues, or assignments therefrom, be allowed by the council without the treasurer being asked to comment on them. These sections may reveal present concerns, as also the inclusion within the assent to Cromwell's petition of a promise that the lords, with the commons, would show 'all possible diligence' in order to ensure adequate provision was made in the parliament. Even so, it is possible that the whole content of the petition which Cromwell put forward was standard at the entry to office as treasurer, but that for some reason, it was thought necessary on this occasion to include the petition on the roll, and to attach the statement to it. Here we might propose the political circumstances of the change of treasurer from Scrope to Cromwell, or the competing interests of French and English commitments made obvious at Bedford's return.

The second petition of Cromwell (item 25) implies that he was anxious to show just how much the crown was indebted at the time he took up office, and that if the current rate of expenditure continued, the debt could only increase as the years went on. Within the statement, the individual sources of revenue and the various heads of expenditure are clearly indicated and totals calculated. This could certainly benefit from further detailed research, but even a cursory glance reveals that financial problems were considerable. Gross income was calculated at £65,000 in addition to the lay subsidy, but the exchequer reckoned that, given the level of assignment, it could access only £35,000. With costs at £57,000, excluding war expenses, there was already a deficit of £22,000. Thus it is not surprising that Cromwell should ask the lords to inspect further the books of account and to give guidance on what his priorities in spending should be. It may be that he was already implying that resumption would be needed to meet all costs, or at least that care should be taken in making further alienations from the royal revenues.

The roll does not provide us with an indication of decisions taken. That the statement had some impact is revealed by the fact that there were, as we shall see, increases in some of the rates levied in the trade taxes as well as the grant of a lay subsidy by the end of the second session. Although we cannot know what form debate took on the financial issues, it probably occupied much of the session as well as the council meetings held during the parliament. Interestingly, the privy council records show that on 17 December, probably the penultimate day of the parliament, 'in the chamber of the council of parliament' Cromwell was granted by the lords of the council that he should have such wages, fees and regards as other treasurers had had before him. (fn. int1433-15)

Some other matters can be dated to this second session also. The dispute between John, earl of Arundel (previously known as Lord Mautravers) and John Mowbray, duke of Norfolk seems to have been dealt with then as the latter's right to attend despite being a minor was first put forward on Friday 29 October (items 32-33). This dispute essentially concerned the right of the first John to be summoned as earl of Arundel, despite the claim of Mowbray to the castle, honor and lordship of Arundel and hence the earldom of that name. Mautravers/Arundel was at the time absent in France on royal service, and had not received a summons to the parliament. His only personal summons had been in 1429, when his status was noted as 'knight', and he died in May 1435 before he could be summoned to another parliament. The case was found in his favour, with his valour in France being cited as a reason for royal largesse (items 34-35). It was perhaps the need to determine this peerage case as well as the issue of money that prompted the issue of new writs of summons to the missing peers on 1 November.

The second session also saw several important commons' initiatives which exemplify their concern for good government. On Tuesday 3 November the commons came before the king to express through their speaker their anxieties on public order in certain parts of England, namely Shropshire, Herefordshire, Nottinghamshire, Derbyshire and Sussex (item 13). They asked that a writ of Edward II should be read in the hope that the king might be moved to act similarly. The speaker accordingly produced the text of the writ and it was read. This order of Edward II arose from a petition put forward by the commons at the parliament held at York in September 1314 concerning the need to deal with the preservation of order against those who threatened to disrupt it. The bishops had agreed in this parliament that ecclesiastical censure might be used to back up royal justice. The writ, addressed to the bishop of Chichester, ordered that this should indeed be implemented by threatening excommunication against those who violate the peace both of the church and of the king. The lords present at the delivery of the petitions on 3 November 1433 (Bedford, Gloucester and Cardinal Beaufort, along with the chancellor) answered that this was a matter on which the king wished to have discussion with all the lords of the parliament. It is interesting to speculate that the commons were keen to take advantage of the government's requests for money by asking for greater attention to be paid to law and order.

The speaker then presented another schedule, also on 3 November (item 14). This concerned an article aimed at preserving law and order which the lords had sworn to the king in the parliament of 1429. On that occasion, the article was one of several ordinances for the council which had been agreed and ratified (Parliament of 1429, item 27, section XVI). This article banned lords of the council from receiving offenders in their households and using their money or power to influence legal cases, obliging not only themselves but also those under their authority to eschew such improper behaviour. It had already been included in the ordinances for the council in 1426. (fn. int1433-16) At the parliament of 1429, fifteen lords then present in parliament made an oath to uphold the ordinances. The duke of Bedford had not, of course, been present on this occasion. The speaker of the 1433 parliament therefore asked on behalf of the commons that Bedford might now make his oath, that the other lords of the council who had made the promise on the earlier occasion might now reaffirm it, and that all the lords in the present parliament might add their own oath to observe the article. The speaker also added that any lord not present at the parliament, as well as all knights, esquires and other leading members of the realm, should also make promise to uphold the article.

The text of the article was read out and the lords present, led by Bedford, then swore to uphold it. The oath takers recorded by name on the roll include 14 bishops, 14 abbots and priors, and 31 lay peers, i.e. 59 in all (item 15). The roll tells us that John, lord Scrope made the promise to the chancellor in his own chamber on 5 December because he was infirm. There is reference also to 'alii absentes et ad idem parliamentum postmodum venientes' ('others absent and coming later to this parliament'), which alludes to the issue of new writs of summons on 1 November. It was agreed that the commons should make their own promise to uphold the article. This they did before Bedford and other lords on Friday 13 November (item 16). The last common petition on the roll (item 69) saw a request that the lords who had been absent should come before the council to make the oath subsequently, and that the knights of the shire should provide the chancellor with lists of those in the counties who should be asked to swear also, with further commissions being directed to the lords temporal as well as the bishop of each area to take these oaths, and inform the chancery accordingly. Penalties were established for those who did not pay the oath within three months. Special arrangements were made for the Universities, Cinque Ports, Cheshire and other franchises.

The commons must have had strong concerns about corruption to single out this particular article of the council ordinances of 1429, and to request such a ubiquitous oath taking to uphold its content. Whether they had specific examples of lordly maintenance in mind is difficult to know. It may be that they were more generally exercised about law and order in the realm. Perhaps too they wished to bring to Bedford's attention their concerns without making explicit a lack of confidence in the existing regime. In this context it is significant that on Tuesday 24 November the commons came before the king, with the speaker presenting their petition that Bedford should be persuaded to stay in England (item 17). They spoke of his bravery and loyalty to the king in staying in France despite the difficulties and dangers inherent in this. If he had not done so, who knows what fate might have befallen royal interests there? He had fought in person at Verneuil, 'the greatest deed undertaken by Englishmen in our time save for the battle of Agincourt', and on other occasions. But his presence in England had also been most beneficial, especially in terms of the personal example he set, his wisdom as a councillor, and his firmness and fairness in bringing to justice those who had offended. This may imply that they considered him a driving force in the campaign to improve law and order. The chancellor then discussed the commons petition with the duke of Gloucester, Cardinal Beaufort, the archbishops of Canterbury and York and other lords, who decided that the king should indeed ask Bedford to stay in England. Bedford was overwhelmed by this expression of confidence in him. (fn. int1433-17)

Much discussion followed. By 26 November Bedford seems to have indicated that he might stay in England, and had agreed to a lower fee as councillor, an obviously popular move. A return to France was not ruled out, however, for the text also speaks of how much money Bedford should receive at his crossing to France (item 19). His offer to take a lower fee was announced on 26 November to all the lords. There was further discussion in the council on 28 November on these matters, which includes the interesting observation that the fees of Bedford and Gloucester had both been settled in the past 'sometimes by ordinance of the king's great council in parliament and sometimes by the advice and ordinance of the king's council out of parliament'. (fn. int1433-18) By 18 December, Bedford had also negotiated certain articles for the conduct of government (item 18). Discussion of these had presumably occupied much of the time between 24 November and 18 December, over which period it was decided that he would return to France. Although these articles do not explicitly state that he was going to be absent from the realm, they speak of 'wherever I shall be in the lord's service', implying the continuing likelihood of his not being in England. The articles also show how Bedford intended to play an important and conciliatory role in government even if absent. He wished to know who would be on the council, and that anyone so appointed should not be dismissed without the assent of the other members and of himself. His wishes here were accepted. He also asked to be consulted if any major office of state or bishopric needed to be appointed to. He would also play a role in deciding whether a parliament should be held, adding his opinion to that of the council, 'so that if all of us consider it expedient to summon a parliament, then I may arrange to be there at the parliament to take care of the well-being of my lord and of his realm'. He added his desire that a list should be made of all those ageing servants who had served the Lancastrians so that they might receive due reward when offices or corrodies became vacant. In all respects, Bedford was implying that he would play a greater role in government than hitherto, whether he was absent or not. The articles he laid down obviously placed a further limitation on the freedom of action of Gloucester, although it would remain to be seen how much influence Bedford could actually exercise at a distance.

The articles were agreed by the lords on 18 December. This is the last date noted on the roll. The grant of a tenth and fifteenth and of trade taxes follow the acceptance of Bedford's financial offers (agreed by the lords on 26 November, in item 19), but are not themselves dated (items 20, 21). As tax grants were usually announced on the last day of parliament, we might assume that the grant was made on or shortly after 18 December, although it is possible that it was made earlier, and that the lords continued in discussion on Bedford's articles after the grant had been agreed, and after the commons had dispersed. Commons' approval of Bedford's financial offers is not noted: they are given as being communicated to and agreed by the lords alone (item 19). Collectors for the lay subsidy were appointed on 27 December 1433. (fn. int1433-19)

Although a whole tenth and fifteenth was granted, the render was reduced by £4,000 by remissions and reductions to be granted to places which were deemed to be impoverished. These places were to be decided upon by the two members of parliament for each county or borough in consultation with a local lord. Lincoln was given exemption from a half of the payment due. Overall, therefore, the government's likely income was reduced from around £38,000, the standard render from a lay subsidy, to £34,000. Worse still for a government which still had major cash flow problems, the subsidy was to be paid in four equal instalments over the next two years, with payment dates of 28 March 1434, 11 November 1434, 17 April 1435, and 11 November 1435. The Canterbury convocation had proved no more generous at its assembly in November and December, where a vote of three quarters of a tenth had been agreed but only by a majority. (fn. int1433-20)

For denizen and alien merchants the wool subsidy of 33s 4d granted in the previous parliament was still valid until 11 November 1435 (parliament of 1432 item 12). The parliament of 1433 made no change to the wool subsidy for home merchants, but agreed a new rate for alien merchants of 53s 4d which was leviable from 11 November 1434 for three years (item 21). (fn. int1433-21) Tunnage for home merchants was extended from 11 November 1434 for two years but kept at 3s per tun. For alien merchants the rate was kept at 6s per tun, but the grant was effective for three years from 11 November 1434. In terms of poundage, a grant for two years from 11 November 1434 was made at 12d in the pound for home merchants, with the same level for alien merchants being leviable for three years from the same date. (fn. int1433-22) For home merchants, wool, woolfells, hides, rye, wheat, flour and fish were exempted from poundage as in the previous grant, and imported wine was added. These exemptions were not allowed to alien merchants. A new levy, however, was imposed on home merchants on exported cloth. The rate was established at 12d on every pound's worth of cloth exported in any galley or carrack from 8 December 1433 to 13 January 1434, and at the same rate for all cloth exported from 13 January 1434 to 11 November 1434. This was the first time that cloth exports had been taxed. It was no doubt on the basis of this anticipated tax income that loans of up to 100,000 marks were sought (item 22) between now and the next parliament. No loans had been sought at the previous parliament. The highest previous rate, in 1431, was £50,000 (parliament of 1431, item 26).

Various private petitions are on the roll. Cromwell's statement on the financial problems of the crown was presented in this form. But it follows a petition of the bishop of Durham concerning his liberty of Durham (item 23). Bedford's new wife, Jacquetta of Luxembourg, who had accompanied him to England, was given letters of denization (item 26) as were Andrew Ogard, a Dane who had served in Bedford's household and in the wars in France (item 27), (fn. int1433-23) Raoul le Sage, a Norman who had served on the grand conseil under Bedford (item 28), (fn. int1433-24) and the French wife of another of Bedford's captains in France, Thomas Gower (item 31). Another foreigner who had served the English, Hartung van Clux, was given an annuity from the alien priory of Pembroke (item 37) (fn. int1433-25) which was correspondingly deducted from the revenues of the lands of the alien priory for which Humphrey, duke of Gloucester successfully petitioned (item 36). A petition was also put forward at the parliament on behalf of John Beaufort, earl of Somerset, who had been in captivity in France since the battle of Baugé in 1421. This concerned the claim put forward by Alice, wife of Sir John Skidmore and daughter of Owen Glendower, to the lands formerly held by the Welsh rebel which had been granted to the earl's father by Henry IV in 1400 (item 29). It is probable that this case had also generated a petition to confirm the anti-Welsh statute which banned Englishmen married to Welsh women 'of the friendship or alliance of Owen Glendower' from office in Wales or the Marches (item 30). There was also a successful petition to end the port status of Melcombe Regis (later Weymouth) and to transfer it to Poole on the grounds that the latter was better protected from enemy attack (item 38). A recent attack on John Roger and others at Melcombe was cited in support of this. (fn. int1433-26) Melcombe Regis had already petitioned at the parliament of 1426 for a reduction of its fee farm (Parliament of 1426, Appendix item 13), and on at least one occasion before 1433 (see Appendix of undated petitions for period 1422-54). The transfer of port status from Melcombe had a knock-on effect, given that tallies granted to Sir John Radcliffe, seneschal of Guienne, had now to be transferred to Poole. This was effected in the following item (item 39).

The case of Joan, lady Abergavenny, which had come before the previous parliament was continued (item 40). This case was heard by the king and council, and involved the appearance of Joan herself. A compromise was reached (Parliament of 1433, Appendix item 3).

There were twenty-eight common petitions, the highest number since the coronation parliament of 1429 when there were forty-one. The high number was likely due to Bedford's presence. Of these fifteen led to statutes, a high proportion compared with most years. The petitions are contemporaneously numbers from I to XXVIII. The first on the roll, presented to the commons, concerned the brothels (stews) in Southwark which were seen as having enriched themselves by nefarious means and were thus able to exploit their status in law (item 42). The second was put by the commons to the king and concerned the murder of Isabel by her husband, John Carpenter of Birdham, Sussex. The nature of the murder was seen as so horrific that the commons asked for him to be judged as a traitor (item 43). In both petitions we may be seeing some specific expression of the commons' concern for law and order as they had expressed by their motions in early November. This was even more explicit in a petition put to the commons concerning the perjury and bribing of jurors (item 47), and a petition by the commons on the bias often shown by stewards of franchise courts (item 50). It was also apparent in a petition probably by the commons to the king complaining that the appointment of new commissions too often led to the discontinuation of processes (item 49).

Several petitions concerned lands and property law. Two, one by the commons, the other through them, concerned disseisin (items 44-45). Another, in the name of the commons, concerned the problems faced by those who held reversion of lands, but who found that their inheritance had been wasted by lessees before the reversion was effected (item 48). A common petition about ambiguities concerning alienations of honorial lands by the crown, especially those of Bohun, Boulogne and Peverel, was referred to the council (item 57). Several petitions concerned mercantile activity. Merchants of the realm successfully complained that customs officers did not always issue warrants of discharge when duty was paid (item 66). The commons added that they often issued blank cockets, which was deemed an improper practice likely to defraud the king of his rightful income (item 67). There was further complaint about the export of goods other than to the Calais staple, this time asking for the royal right to search vessels at sea (item 64). This was only partially granted on this occasion but met with more success at the next parliament. A petition put forward by 'all the commons of this realm' about the definition of the cloth known as kersey was granted (item 56), as was a petition against candlemakers who were charging too high prices for their products, given the price of wax (item 61). There was also further adjustment to the rates of the Partition Ordinance for the Calais staple first agreed in 1429 (Parliament of 1429, items 60-66), and now settled for the period from 25 March 1434 for three years (item 63).

Hostility to foreigners was apparent in many petitions. The merchants also petitioned against the activities of Scots and Bretons, who despite truces attacked English merchants who then found it difficult to gain redress from the king of Scotland or the duke of Brittany (item 46). This petition was not granted: it is interesting to note that Breton envoys were present in England in August. (fn. int1433-27) The matter of abuse of safe-conducts in general, but again mentioning the Scots specifically, led to a further petition (item 58). The council had discussed the problem of Scottish attacks on the north on 23 July, whilst the parliament was in session. (fn. int1433-28) Hostility to foreign merchants was apparent in a petition put to the commons aiming to prevent aliens acting as brokers (item 51) and in another asking that alien merchants always pay in full for merchandise at the point of sale, to avoid their leaving the realm whilst still owing money to native producers and merchants (item 52). The fear that alien merchants were delaying the sale of their wares in order to benefit from currency fluctuations gave rise to another petition which asked that they should have to sell within three months of arrival in England (item 62). None of these was granted, but the whole issue of alien merchants was to raise its head again in future. This was not granted on this occasion, but was to resurface in later parliaments. Xenophobia was also revealed in a petition by the commons asking that foreign prisoners found at large in London and the kingdom without safe-conduct should be arrested. This was a clear retaliation for the fact that the French were in the habit of arresting and putting to new ransom any English prisoners captured in the war who had wandered away from their host (item 68). This petition was referred to the council.

There was clarification of procedures for debts and recognizances (item 59). A petition about the extortionate behaviour of the sheriffs of Herefordshire which had come before the previous parliament was on this occasion granted (item 53). Also successful was a further petition on weights and measure, following that of the parliament of 1429 (item 54; see Parliament of 1429 item 36). But a petition about tithes on large trees, already presented at the two previous parliaments, was again referred (item 55: see Parliament of 1431 item 45, Parliament of 1432 item 45). One petition concerned parliamentary privilege. The commons returned to the issue of protection for MPs after Richard Quatermains, one of the knights of the shire for Oxfordshire, was assaulted (item 60), and in doing so referred back to an assault made in the first parliament of 1404 by John Savage against Richard Cheddar, stepson and servant of Sir Thomas Brooke (the latter being one of the knights of the shire for Somerset in 1404). The attack had led to a common petition in 1404 concerning freedom from arrest and molestation for both MPs and members of their households. In the parliament of 1432 there had been an unsuccessful petition requesting an extension of protection beyond assault and reforms to procedures (Parliament of 1432, item 39). This had been rejected, perhaps because it asked for too much. In 1433 the petition was simply for the existing statute to be enforced for MPs. (fn. int1433-29) The debts of Henry V once again resurfaced in parliament, this time in relation to moneys owed to the clerk of the ordnance and with a request that the archbishop of Canterbury and other feoffees of the late king's lands make settlement (item 65). This was referred, but it is interesting to note that approval was given for the transfer of funds from the customs at Southampton to bale out the feoffees (Parliament of 1433, Appendix item 16). The last common petition on the roll concerned the need for the absent lords and other communities and individuals throughout the realm to take the oath against maintenance and corruption (item 69).

There is a substantial amount of additional material which can be assigned to this parliament as the Appendix reveals. There was a grant to the duke of Gloucester for an exchange of lands which gave him the site for his new house at Greenwich (item 20), which he was given the right to impark at the parliament of 1437 (Parliament of 1437, item 17). Gloucester's Italian doctor, John de Signorellis de Ferrara, was made denizen (Parliament of 1433, Appendix item 30). There was further clarification of the dower of Queen Katherine in response to a petition she had earlier put forward to the council but asking for parliamentary assent (Parliament of 1433, Appendix item 13). Richard, duke of York also petitioned concerning his lands as a follow up to his petition at the previous parliament at his coming of age (Parliament of 1432, item 25; Parliament of 1433, Appendix item 19). A petition of the countess of Westmorland was shown ('exhibita') to the commons in the parliament and endorsed on 16 December (Parliament of 1433, Appendix item 22). But most noticeable, perhaps, were the grants and confirmations made to the duke of Bedford, an interesting reflection of his presence in the parliament. His titles of Bedford and Kendal, which had been granted by Henry V for life only, were now made hereditary, and his tenure of the earldom of Richmond was confirmed (Parliament of 1433, Appendix items 14, 15, 17).

By the time the parliament closed around 18 December 1433, there can be no doubt that Bedford's pre-eminence had been confirmed, although it was also clear that he would be returning to France. With future funds guaranteed, the council sitting in the 'chamber of the council of parliament' ('in camera consilii parliamenti') made arrangements on 16 December to transfer 12,000 marks to France. (fn. int1433-30) But it was to take several more months and a great council before detailed arrangements were made for Bedford's return. Gloucester had renewed his criticisms of his brother's conduct of affairs. Bedford put forward articles on 14 and 15 June 1434 which included mention of how in the last parliament the king 'by the advice of the three estates of this land' had petitioned him to stay in England'. (fn. int1433-31) This is an unusual use of the expression, especially in the light of Myers' observation that it was at the 1433 parliament that the expression 'by authority of parliament' was first used but complemented with 'by assent of the lords spiritual and temporal and of the commons'. (fn. int1433-32) What role Bedford had in the introduction of such terminology cannot be known. What we do know is that he returned to France in late June 1434, having negotiated financial and military support for his return which included diversion of funds from the enfeoffment of the duchy of Lancaster, a response, perhaps, to the financial problems which Cromwell's statement to the parliament in the second session had made clear. (fn. int1433-33)

Text and translation

[memb. 18]
[p. iv-419]
[col. a]
ROTULUS PARLIAMENTI TENTI APUD WESTM' VIII o DIE JULII ANNO REGNI REGIS HENRICI SEXTI POST CONQUESTUM UNDECIMO. THE ROLL OF THE PARLIAMENT HELD AT WESTMINSTER ON 8 JULY IN THE ELEVENTH YEAR OF THE REIGN OF KING HENRY THE SIXTH SINCE THE CONQUEST [1433].
Pronunciatio parliamenti. The opening of parliament.
1. Memorandum quod octavo die Julii, anno regni regis Henrici sexti post conquestum undecimo, ipso domino rege in parliamento suo apud Westm' tunc convocato, sede sua regia in camera Depicta residente; presentibus etiam tunc ibidem illustrissimis principibus Bedford' et Gloucestr' ducibus, ac reverendissimo in Christo patre Henrico cardinale Anglie, ceterisque quampluribus prelatis, proceribus, et communibus regni Anglie, ad parliamentum predictum auctoritate regia convocatis: venerabilis pater Johannes episcopus Bathon' et Wellen', cancellarius Anglie, causam summonitionis ejusdem parliamenti, ex ipsius domini regis mandato, egregie pronunciavit; assumens pro suo themate: Suscipiant montes pacem populo, et colles justiciam. (fn. iv-419-5-1) 1. Be it remembered that on [Wednesday] 8 July in the eleventh year of the reign of King Henry the sixth since the conquest [1433], with the lord king sitting on his royal throne in the Painted Chamber in his parliament then summoned at Westminster, with the most noble princes the dukes of Bedford and Gloucester, and the most reverend father in Christ Henry, cardinal of England, and with very many other prelates, nobles and the commons of the realm of England who were then also present there, having been summoned to the aforesaid parliament by royal authority: the venerable father John, bishop of Bath and Wells, chancellor of England, pronounced in fine fashion the reasons for the summons of the same parliament at the command of the lord king himself; taking as his theme: 'Let the mountains bring forth peace to the people and the hills justice'. (fn. iv-419-5-1)
2. In quibus verbis asseruit, quod triplex regni status potuit ut sibi videbatur rationabiliter annotari; videlicet, per montes, prelati, proceres et magnates; per colles, milites, armigeri et mercatores; et in populo, cultores, artifices et vulgares. 2. He asserted that it seemed to him that these words could be taken to signify the three estates of the realm; to wit, the mountains were the prelates, nobles and magnates; the hills the knights, esquires and merchants; and the people, farmers, craftsmen and the common throng.
3.Quos quidem status enucliacius exponendo asseruit, et per nonnulla auctoritates, historias et exempla summarie demonstravit; quod triplex deberet virtus politica, eisdem tribus statibus specialiter pertinere; videlicet, prelatis et magnatibus, pax, unitas et vera concordia, absque fictura vel dissimulatione; militibus et mediocribus, equitas et mera justicia, absque manutenentia et pauperum oppressione; vulgaribus vero et inferioribus, voluntaria regi et ejus legibus obedientia, absque perjurio et murmuratione. Ex quibus si in regno Anglie taliter se haberent, maxima Deo complacentia, ac regi et regno commoda quamplurima sine dubio provenirent. 3. In elucidation of these estates, he explained more clearly, and in summary described by means of many authorities, histories and examples, that a threefold political virtue should especially pertain to the same three estates; to wit, to the prelates and lords, peace, unity and true concord without fraud or dissimulation; to the knights and those of the middle estate, equity and true justice without maintenance and oppression of the poor; to the common people and those of lower status, willing obedience to the king and his laws, without dissembling or grudging. If they all conducted themselves thus in the realm of England, the fullest pleasure to God and most great profit to the king and realm would without doubt follow.
4. Ad providendum igitur qualiter in dicto regno, montes predicti pacem suscipiant, collesque justiciam vulgari populo administrent, ipsi etiam populi vulgares, eorum antiquis relictis perjuriis, divinis legibus et humanis plus solito fideliter obediant et intendant, prefatus dominus noster rex, ex sui sani avisamento consilii, dictum presens parliamentum fecerat convocari: volens et concedens, quod prelati, magnates, et communitates predicti, omnibus et singulis libertatibus et quietantiis, eis per nobiles progenitores ipsius domini regis quondam reges Anglie concessis, et per eundem dominum regem confirmatis et minime revocatis, nec per legem Anglie revocabilibus, set per eosdem prelatos, magnates, et communitatem bene et rationabiliter usitatis, gaudeant et utantur. Dedit insuper prefatus cancellarius, predictis communibus nomine regio firmiter in mandatis, quod in eorum domo communi antiquitus usitata in crastino convenirent, et suum prelocutorem eligerent, ac sic electum, prefato domino regi, cum ea celeritate qua commode poterant, realiter presentarent. Et ut justicia conqueri volentibus posset celerius adhiberi, idem dominus noster rex, certos receptores [col. b] et triatores petitionum in predicto parliamento exhibend' constituit et assignavit in forma subsequenti. 4. Therefore in order to provide how in the said realm that the mountains should embrace peace, the hills administer justice to the common people, and the common people, leaving aside their former falsehoods, should habitually obey and follow holy and secular laws more faithfully, our aforesaid lord king, with the wise advice of his council, had caused the said present parliament to be summoned: willing and granting that the aforesaid prelates, lords and commons should enjoy and use each and every one of the liberties and privileges granted to them by the noble progenitors of the lord king himself former kings of England, and confirmed by the same lord king, and not revoked, nor revocable by the law of England, but well and reasonably exercised by the prelates, lords and commons. The aforesaid chancellor also firmly ordered the aforesaid commons that they should assemble the following day in their common chamber used in the past, and they should elect their speaker, and should present him, thus elected, to the aforesaid lord king, with as much speed as they could. And so that justice might be given more quickly to those who wished to complain, our same lord king appointed and assigned certain receivers [col. b] and triers of petitions to be presented in the aforesaid parliament, in the following form:
5. Receivours des petitions d'Engleterre, Irland, Gales, et Escoce:

  • Sir Johan Frank
  • Sir Henry Shelford'
  • Sir William Prestwyk.
5. Receivers of petitions from England, Ireland, Wales, and Scotland:

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

  • Sir Nicholl Wymbyssh'
  • Sir Johan Stopyndon'
  • Sir Johan Faukes.
6. Receivers of petitions from Gascony, and the other lands and countries overseas, and from the Channel Islands:

  • Sir Nicholas Wymbush
  • Sir John Stopingdon
  • Sir John Faukes.
Et ceux qi voillent deliverer lour petitions, les baillent par entre cy et le mesqerdy proschein avenir. And those who wish to submit their petitions should deliver them between now and next Wednesday [15 July].
7. Et sont assignez triours des petitions d'Engleterre, Irland, Gales, et Escoce:

  • Le cardinal d'Engleterre, evesqe de Wynchestre
  • L'ercevesqe de Canterbirs
  • L'ercevesqe d'Everwyk'
  • Le duk de Bedford'
  • Le duk de Gloucestre
  • L'evesqe de Loundres
  • L'evesqe de Duresme
  • L'evesqe d'Ely
  • Le count de Warrewyk'
  • Le count de Stafford'
  • Le count de Suff'
  • L'abbe de Westm'
  • Le sir de Cromwell'
  • Le sir de Hungreford'
  • Sir William Cheyne et
  • Sir William Babyngton'.
7. And the following are assigned triers of petitions for England, Ireland, Wales, and Scotland:

  • The cardinal of England, the bishop of Winchester
  • The archbishop of Canterbury
  • The archbishop of York
  • The duke of Bedford
  • The duke of Gloucester
  • The bishop of London
  • The bishop of Durham
  • The bishop of Ely
  • The earl of Warwick
  • The earl of Stafford
  • The earl of Suffolk
  • The abbot of Westminster
  • Lord Cromwell
  • Lord Hungerford
  • Sir William Cheyne and
  • Sir William Babington.
- toutz ensemble, ou sys des prelatz et seignurs avauntditz, appellez as eux les chaunceller et tresorer, et auxi les serjauntz du roi, qant y bosoignera. Et tiendront lour place en la chaumbre de chaumberleyn, pres la chaumbre Depeyntee. - to act all together, or at least six of the aforesaid prelates and lords, consulting with the chancellor and treasurer as well as the king's serjeants, when necessary. And their session will be held in the chamberlain's chamber, next to the Painted Chamber.
[p. iv-420]
[col. a]
8. Et sount assignez triours des petitions de Gascoigne, et des autres terres et paiis par dela le meer, et des Isles:

  • Le duk d'Everwyk
  • L'evesqe de Lyncoln
  • L'evesqe de Norwich'
  • Le count de Salesbury
  • Le count de Northumbr'
  • L'abbe de Waltham
  • Le sir de Lovell'
  • Le sir de Tiptoft
  • Sir Johan Juyn et
  • Johan Martyn.
8. And the following are assigned triers of petitions for Gascony, and the other lands and countries overseas, and for the Channel Islands:

  • The duke of York
  • The bishop of Lincoln
  • The bishop of Norwich
  • The earl of Salisbury
  • The earl of Northumberland
  • The abbot of Waltham
  • Lord Lovell
  • Lord Tiptoft
  • Sir John Juyn and
  • John Martin.
- toutz ensemble, ou qautre des prelatz et seignurs avauntditz, appellez as eux les chaunceller et tresorer, et auxi les serjauntz du roi, qant y bosoignera. Et tiendront lour place en la chaumbre Marcolf. - to act all together, or at least four of the aforesaid prelates and lords, consulting with the chancellor and treasurer, as well as the king's serjeants, when necessary. And their session will be held in the Marcolf Chamber.
Presentacio prelocutoris. Presentation of the speaker.
9. Item, undecimo die Julii, venerunt prefati communes coram domino rege in parliamento predicto, et presentaverunt eidem domino regi Rogerum Hunt, prelocutorem ipsorum communium: qui quidem Rogerus, post excusationem suam notabiliter factam, prefato domino regi humilime supplicavit, quatenus omnia et singula per ipsum, ex parte dictorum communium in parliamento predicto proferenda, sub protestatione posset proferre, ut si quid de sibi injunctis omittendo vel eis addendo, aut aliter quam sibi per eosdem communes injunctum fuerit, contigerit declarare, tunc ad prefatos communes resortiri, et se per eorum avisamentum et assensum corrigere posset et emendare, ac omnimoda alia libertate gaudere, qua aliquis hujusmodi prelocutor ante hec tempora melius et liberius gavisus est. Cui per prefatum cancellarium, de mandato prefati domini regis, respondebatur, quod idem prelocutor tali protestatione, in prolatione et declaratione suis hujusmodi, ac talibus libertatibus in omnibus frueretur et gauderet, qualibus ipse et alii prelocutores, tempore dicti domini regis, et progenitorum suorum, rationabiliter usi sunt et gavisi. 9. Also on [Saturday] 11 July the aforesaid commons came before the lord king in the aforesaid parliament and they presented Roger Hunt, their common speaker, to the same lord king: which Roger, after notably making his protestation, humbly beseeched the aforesaid lord king that he might say each and everything to be said by him on behalf of the said commons in the aforesaid parliament under protestation, so that if he omits or adds anything other than has been enjoined to him by the same commons, then he might be referred back to his said fellow commons, to correct and put himself right by their advice and assent, and that he might enjoy all other liberties better than and more freely than any such speaker has enjoyed in the past. To which it was replied by the aforesaid chancellor, at the command of the king, that the same speaker might have the use of and enjoy such protestation in his pronouncing and declaring and such liberties in all things as other speakers have reasonably used and enjoyed in the time of the said lord king and of his progenitors.
[memb. 17]
Declaratio nominis ducis Bedford'. The declaration of the good name of the duke of Bedford.
10. Item, .xiij. die Julii, anno presenti, illustris princeps Johannes dux Bedford', coram domino rege, et tribus regni statibus in presenti parliamento existentibus, oretenus declaravit, diversas notabiles et urgentes causas, nedum regiam celsitudinem, ac statum et sanam gubernationem regni Francie, et ducatus regis Norman'; setetiam personam ipsius ducis, ac nomen, famam et honorem ejus intime concernentes, propter quas idem dux in regnum Anglie penes personam regiam ad presens se divertit; inter quas unam specialiter annotavit, asserendo se ex nonnullorum relatione concepisse qualiter hic in regno Anglie, inter quamplurimos opinio fallax et perversa verteretur et divulgaretur, videlicet, quod dampna et deperdita que prefatus dominus noster rex in regno suo Francie et ducatu suo Norm' sustinuit, per ipsius ducis negligentiam et incuriam deberent evenisse, in persone sue scandalum non modicum, ac nominis, fame et honoris < ejus grave > detrimentum, necnon sui cordis tristitiam et merorem: unde prefato < domino > regi humilime supplicavit, ut per proclamationem, vel alias prout eidem domino regi placuerit, notificari posset et publicari, quod si quis, cujuscumque status, gradus vel conditionis fuerit, qui aliquam hujusmodi negligentiam vel incuriam, aut aliud < delictum > quodcumque prefato duci vellet imponere, per quod idem dominus rex aliquid in regno et dominio suis predictis deberet perdidisse, compareat coram ipso domino rege in presenti parliamento, et eodem parliamento durante, suam hujusmodi faciat accusationem. Et si persona equalis sive consimilis status et nativitatis fuerit, idem dux, asseruit se, favente Domino, taliter velle respondere eidem, et probare quod sua hujusmodi accusatio a veritatis tramite delirabat, prout idem dominus rex de sui avisamento consilii vellet ordinare. Et si hujusmodi accusator [col. b] consimilis status et nativitatis non fuerit, tunc placeret eidem domino regi, prefatum ducem Bed' tanquam personam equalem persone sic accusanti, et non aliter tenere et reputare, ac ipsum ducem ad defensionem suam in hac parte tanquam personam equalem admittere dignaretur; donec idem dux se versus hujusmodi accusantem acquietaverit, secundum quod lex armorum in tali casu exigit et requirit. Quibus quidem declaratione et supplicatione in forma predicta factis, auditis, et intellectis, habitaque super eisdem, coram rege, per ducem Gloucestr', ac ceteros dominos de consilio < regio > deliberatione diligenti et matura, tandem eidem duci Bedford', per venerabilem patrem Johannem episcopum Bathon' et Wellen', cancellarium Anglie, de mandato < ipsius domini regis > , et dicti sui avisamento consilii, extitit responsum, quod hujusmodi prophana verba et scandalosa, de prefato duce Bedford', ad auditum ipsius domini regis, vel prefati ducis Gloucestr', aut alicujus alterius de consilio regio, vel ad eorum notitiam, perantea non venerunt. Quapropter idem dominus < rex > , prefatum ducem Bedford' tanquam suum verum et fidelem < ligeum > , ac avunculum suum carissimum, prout semper reputavit et tenuit, tenet et reputat in presenti: ac eidem duci Bedford', tam de suis bonis, laudabilibus et fructuosis obsequiis, prefato domino regi, in regno et dominio suis predictis multipliciter impensis, quam de suo adventu in Anglia penes personam regiam, gratias intulit maxime speciales. 10. Also on [Monday] 13 July in the present year, the illustrious prince John, duke of Bedford orally declared before the lord king and the three estates of the realm who were assembled in the present parliament, several notable and urgent matters not only concerning the royal highness and the condition and sound governance of the realm of France and the king's duchy of Normandy, but also more intimately concerning the person of the duke himself and his name, reputation and honour, because of which the same duke had come in person at this time to the presence of the royal person; among these things he noted one in particular, declaring that he had heard from the report of several persons how a false and perverse belief was being put about and spread among very many people in the realm of England, namely that the damage and loss which our aforesaid lord king had sustained in his realm of France and in his duchy of Normandy must have resulted from the negligence and carelessness of the duke himself, which was to the scandal of his person and to the grave damage of his name, reputation and honour, but also to the sadness and sorrow of his heart: whereupon he humbly beseeched the lord king that, by proclamation or other means as it might please the same lord king, it might be made known and proclaimed that if anyone of whatever rank, position or condition should wish to put any such negligence or carelessness, or other transgression to the aforesaid duke whereby the same lord king might have incurred any loss in his aforesaid realm and lordship, he should come before the lord king himself in the present parliament and make his accusation during the same parliament. And if the person should be of equal or similar rank and birth, the same duke declared himself, God willing, to be willing to answer them, and to prove that the accusation was far from the way of truth, as the same lord king might will to ordain with the advice of his council. And if such an accuser was not [col. b] of similar rank and birth, then it might please the same lord king to hold and to consider the aforesaid duke of Bedford as a person equal to the person thus making the accusation, and not otherwise, and deign to receive the same duke as an equal person for his defence in this regard until the same duke acquitted himself of such an accusation according to what the law of arms demands and requires. With this declaration and supplication made in the aforesaid form being heard and understood, and with diligent and mature deliberation being held on the same in the king's presence by the duke of Gloucester and the other lords of the royal council, reply was finally given to the same duke of Bedford by the venerable father John, bishop of Bath and Wells, chancellor of England, at the command of the lord king himself and by the advice of his said council, that such prophane and scandalous words concerning the duke of Bedford have not previously come to the hearing of the lord king himself nor of the aforesaid duke of Gloucester, nor of any other on the royal council, or to their notice. Whereupon the same lord king holds and considers, as he has always considered and held, the aforesaid duke of Bedford as his true and faithful liege and his dearest uncle at the present time: and he gave most special thanks to the same duke of Bedford both for his good, laudable and fruitful services expended in many ways to the aforesaid lord king in his realm and lordship, and for his coming to England to the presence of the royal person.
Prorogatio parliamenti. Prorogation of parliament.
11. Item, .xiij. die Augusti, anno presenti, domino rege, et tribus regni statibus in presenti parliamento existentibus, post gratias redditas ex parte dicti domini regis, et ejus mandato, communibus regni tunc ibidem presentibus, de eorum bonis diligentiis et laboribus, circa ea que sibi ex parte regia injuncta fuerant exhibitis et ostensis; prefatus dominus cancellarius, de mandato ejusdem domini regis, ulterius declaravit, qualiter idem dominus rex, ex ipsorum communium relatione conceperat, quod in civitate London', et suburbiis ejusdem, gravis pestilentia ceperat jam oriri; qualiterque prefati communes plenam et particularem informationem et notitiam riotarum, extorsionum, oppressionum, manutenentiarum et aliorum defectuum in dicto regno habitorum, unde idem dominus rex certiorari affectabat per eosdem, nullatenus habuerunt; attendens etiam idem dominus rex, qualiter tempus autumpnale, in quo magnatibus circa suos recreationes et deductus, ipsisque communibus circa suarum messium congregationem intendere competebat similiter, appropinquabat. Quibus de causis, et presertim ut prefati communes, de extortionibus, oppressionibus, riotis, manutenentiis et aliis defectibus predictis, particulariter informari possent, ac dictum dominum regem inde plenius edocere; idem dominus rex dictum presens parliamentum, usque quintumdecimum diem post festum Sancti Michaelis tunc proximo futuro, apud Westm', voluit prorogari; ac illud realiter prorogavit; omnibus et singulis quorum interfuit firmiter injungendo, quod apud Westm', dicto .xv. die, excusatione quacumque cessante, personaliter convenirent, ad tractandum, communicandum et consentiendum, super hiis que tunc ibidem pro pacis bono ac regis et regni commodo, favente Domino, contigerit ordinari. 11. Also on [Thursday] 13 August in the present year, with the lord king and the three estates of the realm assembled in the present parliament, after thanks had been given on behalf of the said lord king, and at his command, to the commons of the realm who were then present there for their good diligence and labours exercised and shown concerning that which had been enjoined to them on behalf of the realm; the aforesaid lord chancellor, at the command of the same lord king, further declared how the same lord king had understood from the report of the same commons that a great pestilence had now begun to appear in the city of London and its suburbs, and how the aforesaid commons had full and particular information and knowledge of disturbances, extortions, oppressions, maintenances and other misdeeds occurring in the said realm, of which the same lord king wished to be informed by the same; the same lord king also considering how autumn was approaching when it was meet for the lords to attend to their recreations and hunting, and similarly the commons to the harvest. For which reasons, and especially so that the aforesaid commons might be informed of the aforesaid extortions, oppressions, disturbances, maintenances and other misdeeds, and the said lord king fully advised thereupon, the same lord king wished the said present parliament to be prorogued until the fifteenth day after Michaelmas at Westminster [Thursday 13 October]; and he indeed prorogued it; enjoining each and every one whom it concerned that they should assemble in person at Westminster in the said fifteenth day, laying aside any excuse, to discuss, commune together and agree on what might then be ordained these matters for the benefit of peace and the advantage of the king and realm, God willing.
Restrictio assignationum usque ad summam .mm. libras faciendas per thesaurarium. The restriction of assignments made by the treasurer to the sum of £2,000.
12. For as moch as the kyng hath not withynne his tresorie, for þexpenses of his houshold, nor other charges necessarie for his persone, bytwix this and the quinszisme of Seint Michell next, hit is agreed and assentid, þe .xiij. day of August, be auctoritee of þis present parlement, þat the tresorer of England for the tyme beyng, have power and auctorite, for the causes aboveseid, to restreigne of alle maner of assignementz, [p. iv-421][col. a] made by the tresorer of Englond, afore þe .xx. day of Juyllet last passed, to the somme of .mm. libras after his discretion; þassignementz made before this tyme for the kynges houshold, and for money lent to þe kyng oonly except. 12. Whereas the king has insufficient funds in his treasury for the expenses of his household and for the other necessary charges for his person, between now and the quinzaine of Michaelmas next, it is agreed and assented on 13 August, by the authority of this present parliament, that the treasurer of England at the time shall have power and authority, because of the abovesaid, to restrict all manner of assignments [p. iv-421][col. a] made by the treasurer of England before 20 July last to the sum of £2,000 according to his discretion; excepting only the assignments previously made for the king's household and for money lent to the king.
De promissione facta regi in parliamento. Concerning the promise made to the king in parliament.
13. Memorandum quod tertio die Novembris, anno regni prefati domini regis duodecimo, venerunt prefati communes coram eodem domino rege in parliamento predicto, et per prefatum prelocutorem suum declarabant, quod diversa specialia et enormia murdra, homicidia, raptus mulierum, robberias, arsuras et alia mala quamplurima, in diversis comitatibus regni Anglie, videlicet, Salop', Hereford', Ebor', Notyngh', Derb' et Sussex', jam quasi tarde et de novo crudeliter et inhumaniter facta et perpetrata; pro quorum reformatione et correctione humilime supplicabant, ut idem dominus rex, de avisamento dominorum spiritualium et temporalium in eodem parliamento existentium, taliter et tam celeriter providere dignaretur, quod per correctionem eorum et punitionem aliis posset timor incuti de cetero taliter delinquendi. Et quia in casu consimili, tempore domini Edwardi nuper regis Anglie secundi post conquestum, pro remedio provisum fuit, quod singuli episcopi regni predicti, in suis diocesibus, majoris excommunicationis sententias in hujusmodi delinquentes fulminarent, sicut per tenorem cujusdam brevis ejusdem nuper regis tunc episcopo Cicestr' directi, quem idem prelocutor tunc ibidem exhibuit, plenius potuit apparere; humiliter exorabant, ut tenor ille tunc ibidem publice legeretur, ad effectum quod idem dominus noster rex, visis remediis in hujusmodi casibus antiquitus usitatis, consimilia remedia posset providere; si sibi de avisamento consilii sui expediens videretur: ut qui humane legis justiciam non metuunt, divine saltem ultionis sententiam formidarent. Qui quidem tenor, tunc ibidem de mandato regio publice legebatur et sequitur in hec verba: 13. Be it remembered that on 3 November in the twelfth year of the reign of the aforesaid lord king [1433] the aforesaid commons came before the same lord king in the aforesaid parliament and declared through their aforesaid speaker that several specific and numerous murders, homicides, rapes of women, robberies, arsons and numerous other misdeeds had in the recent past and again in the present time occurred and been perpetrated in a cruel and inhumane manner in several counties of the realm of England, namely Shropshire, Herefordshire, Yorkshire, Nottinghamshire, Derbyshire and Sussex; for the remedy and correction of the same, they humbly beseech that the same lord king, with the advice of the lords spiritual and temporal assembled in the same parliament, might deign to provide quickly that by such and as much correction and punishment of them others shall be frightened to commit such faults in future. And because in a similar situation in the time of the Lord Edward the second since the conquest late king of England, it was provided as a remedy that every bishop of the aforesaid realm in their dioceses should threaten sentences of greater excommunication on such wrongdoers, as is more fully apparent by the tenor of a certain writ of the same late king then addressed to the bishop of Chichester, which the same speaker then produced there; humbly entreating that that tenor should then be publicly read there, with the intention that our same lord king, having seen the remedies used in such situations in the past, might provide a similar remedy if it seemed expedient to him with the advice of his council: so that those who do not fear the justice of mortal law, shall at least dread the judgment of divine avenging. Which tenor was then publicly read there by royal command, and it follows in these words:
Edwardus, Dei gratia, rex Anglie, dominus Hibernie, et dux Aquitannie, venerabili in Christo patri Johanni, eadem gratia, episcopo Cicestr', salutem. Cum inter cetera nobis incumbentia, pro regimine regni nostri, precipue affectemus, ut in dicto regno pax nostra firmiter et inviolabiliter observetur, ac communes malefactores, et pacis sancte ecclesie atque nostre perturbatores, felones, manutentores felonum et feloniarum, conspiratores, falsi juratores, et falsarum querelarum assumptores, et earum manutentores, juxta sua demerita puniantur: vosque pro pace sancte ecclesie, que sine pace regni subsistere non valebit, id idem appetere et ad hoc inniti velle, ut tenemini, credamus certitudinaliter et speremus; ad instantiam communitatis dicti regni, nobis per petitionem suam, in parliamento nostro apud Ebor' ultimo convocato supplicantis, ut de hujusmodi communibus malefactoribus, pacis sancte ecclesie atque nostre perturbatoribus, felonibus, manutentoribus felonum et feloniarum, conspiratoribus, falsis juratoribus, falsarum querelarum assumptoribus, et earum manutentoribus, qui maximam turbationis occasionem et pacis violationem in dicto regno tribuunt, ordinare vellemus, prout sancte ecclesie, atque nobis, et populo nostro dicti regni, expedire melius videremus; de consensu vestro, et aliorum prelatorum, procerum, et magnatum, ac communitatis predicte, in dicto parliamento convocatorum, ordinatum extitit unanimitier et consensum, quod justicarios de utroque banco, justiciaros ad assisas capiendas assignatos, necnon justiciaros per nos in singulis comitatibus dicti regni deputandi ad inquirendum de diversis felonibus, feloniis et transgressionibus; virtute dictorum concordie et assensus, de hujusmodi communibus malefactoribus, pacis sancte ecclesie atque nostre perturbatoribus et violatoribus, felonibus, manutentoribus felonum [col. b] et feloniarum, conspiratoribus, falsis juratoribus, falsarum querelarum assumptoribus, et earum manutentoribus, tam ad sectam nostram, quam aliorum conqueri volentium, audiendi et terminandi plenam habeant potestatem. Cum igitur Deus, auctor pacis et amator, recte nisi pacis tempore non colatur, quam pacem et honorem sancte ecclesie per premissa eo celerius procurari speramus, si malicie hujusmodi per censuram ecclesiasticam arceantur, prout tam per vos, quam ceteros prelatos, ac alios regni nostri in dicto parliamento concordatum fuit et consensum. Vos requirimus et rogamus, quatenus in omnes et singulos hujusmodi malefactores, et pacis sancte ecclesie atque nostre perturbatores et violatores, felones, manutentores felonum et feloniarum, conspiratores, falsos juratores, falsarum querelarum assumptores, et earum manutentores, utpote dicte pacis sancte ecclesie atque nostre perturbatores et violatores, singulis diebus dominicis, et festis duplicibus per annum, in ecclesia vestra cathedrali, et singulis collegiatis et parochialibus ecclesiis vestre diocesum, majoris excommunicationis sententiam facias canonice fulminari et solempniter. Et tam sic excommunicatos, quam illos qui occasione premissa in majoris excommunicationis sententiam promulgatam a sanctis patribus inciderunt, facias sic excommunicatos solempniter publicari, et contra eos procedi juxta canonicas sanctiones. Teste me ipso, apud Toucestre, .xvij. die Martii, anno regni nostri octavo. Edward by the grace of God king of England, lord of Ireland and duke of Aquitaine to the venerable father in Christ John by the same grace bishop of Chichester, greeting. Whereas amongst other things incumbent to us for the rule of our realm, we especially strive so that our peace shall be firmly and inviolably observed in the said realm and common wrongdoers and disturbers of the peace of holy church and our peace, felons, maintainers of felons and felonies, conspirators, false jurors and those who begin false suits and their maintainers shall be punished in accordance with their crime: and we believe and trust upon certainty that you, for the peace of holy church, without which peace the realm is unable to stand firm, strive after the same and wish for this to be supported, as you are bound; at the request of the commons of the said realm who beseeched us by their petition in our last parliament assembled at York that we might wish to ordain, for such common wrongdoers, disturbers of the peace of holy church and our peace, felons, maintainers of felons and felonies, conspirators, false jurors, those who begin false suits and their maintainers who have formed the greatest cases of disturbance and violation of peace in the said realm, what we see best to expedite for holy church, and for us and for our people of the said realm; with your consent and that of the other prelates, nobles and lords and the aforesaid commons assembled in the said parliament it was unanimously ordained and agreed that the justices of both benches, the justices assigned to hold assizes, and also justices appointed by us in every county of the said realm to inquire concerning various felons, felonies and transgressions, by virtue of the said agreement and assent concerning such common wrongdoers, disturbers and violators of the peace of holy church and of our peace, felons, maintainers of felons and felonies, [col. b] conspirators, false jurors, those who begin false suits and their maintainers, should have full power to hear and determine whether at our suit or that of others who wish to complain. Therefore since God, the author and lover of peace, is not honoured properly except in time of peace, which peace and honour of holy church we hope to be taken care of quickly by the foregoing if such malevolence is curtailed by ecclesiastical censure, as it was agreed and assented both by you and the other prelates and the others of our realm in our said parliament. We request and ask you that each and every such wrongdoer and the disturbers and violators of the peace of holy church and of our peace, felons, maintainers of felons and felonies, conspirators, false jurors, those who begin false suits and their maintainers, namely disturbers and violators of the said peace of holy church and of our peace, you shall cause the sentence of greater excommunication to be threatened canonically and solemnly every Sunday and at two feasts of the year in your cathedral church and in every collegiate and parish church of your diocese. And thus you shall cause both the excommunicated and those who have incurred the sentence of greater excommunication promulgated by the holy fathers by reason of the foregoing solemnly to be proclaimed excommunicated, and for them to be proceeded against according to canonical sanctions. Witnessed by myself at Towcester, 17 March, in the eighth year of our reign [1315].
Quo lecto et audito, habitaque inde cum ducibus Bedford' et Gloucestr', ac cardinale Anglie, et aliis de ipsius domini regis consilio tunc ibidem presentibus deliberatione, tandem de avisamento eorumdem ducum, cardinalis et dominorum, per venerabilem patrem Johannem episcopum Bathon' et Wellen', cancellarium Anglie, ex ipsius domini regis mandato, prefato prelocutori respondebatur, quod idem dominus rex, super materiis predictis, cum universis dominis presentis parliamenti communicare vellet et avisari, ac per eorum sanas discretiones, favente Domino, ulterius facere provideri, secundum quod eis in hac parte magis expediens videbitur et necesse. This having been read and heard, and with the dukes of Bedford and Gloucester, the cardinal of England, and the others on the council of the lord king himself who were present having had deliberation thereupon, with the advice of the same dukes, cardinal and lords answer was finally given to the aforesaid speaker by the venerable father John, bishop of Bath and Wells, chancellor of England, at the command of the lord king himself, that the same lord king wished to consult with and be advised by all the lords of the present parliament concerning the aforesaid matters, and by their wise discretions, to cause to be provided that which will seem more expedient and necessary to them in this regard, God willing.
14. Protulit etiam idem prelocutor, nomine communium predictorum, quandam cedulam, tenorem cujusdam articuli, pro conservatione pacis, et sana gubernatione in consilio regis habend', per dominos de eodem consilio nuper editi, et in manibus prefati domini regis in pleno parliamento suo apud Westm', anno regni sui octavo tento, per eosdem dominos de consilio promissi et jurati, continentem; (fn. iv-419-49-1) asserens et declarans, qualiter prefatus dux Bedford', tempore promissionis < predicte > , in regno Anglie presens non fuit, sicque promissionem hujusmodi tunc ibidem facere < non potuit > ; quapropter idem prelocutor, nomine eorumdem communium, prefato domino regi humilime supplicavit, quatenus cedula predicta in parliamento predicto lecta et audita, idem dominus rex a prefato duce Bedford' affectare dignaretur, quod consimilem promissionem sibi faceret tunc ibidem, et non tantum ipse, setetiam prefatus < dux > Gloucestr', et ceteri domini de consilio, qui promissionem predictam prius fecerant, ipsam suam promissionem tunc denuo renovarent; quodque omnes et singuli alii prelati, proceres et magnates, tunc presentes, similiter in manibus regiis promitterent et jurarent, quod ipsi < dictum articulum, quantum > ad eos pertinet, in omnibus observabunt. Cujus quidem articuli tenor sequitur in hec verba: 14. The same speaker also produced, in the name of the aforesaid commons, a certain schedule containing the tenor of a an article aimed at the keeping of the peace and wise governance in the king's council recently put forth by the lords of the same council, and promised and sworn by the same lords of the council into the hands of the aforesaid lord king in his full parliament held at Westminster in the eighth year of his reign; (fn. iv-419-49-1) proclaiming and declaring that the aforesaid duke of Bedford was not present in the realm of England at the time of the aforesaid promise and he was thus then unable to make such a promise there; whereupon the same speaker, in the name of the same commons, humbly beseeched the aforesaid lord king that, with the aforesaid schedule having been read and heard in the aforesaid parliament, the same lord king might deign to dispose the aforesaid duke of Bedford to make a similar promise to him there, and not only him but also the aforesaid duke of Gloucester and the other lords of the council, who had previously made the aforesaid promise, repeat their same promise again at that time; and that each and every one of the other prelates, nobles and lords who are then present similarly promise and swear that they themselves will observe the said article, as much as it pertains to them, in all things. The tenor of which article follows in these words:
Tenor articuli jurati et promissi. The tenor of the article sworn and promised.
Item, in eschuyng of riotes, excesses, mysgovernances and disobeissances ayenst the kynges astate, and ayenst his lawes, and in example yevyng of restfull rule and gode governaille here after to alle his subgettes, [p. iv-422][col. a] it is avysed, apoynted and agreed, that no lorde, nor none other persone, of what estate, degree or condition that he be, shal wetyngly receyve, cherishe, hold in houshold, ne maynteyne pilours, robbours, oppressours of the poeple, mansleers, felons, outlawes, ravysshers of women ayenst the lawe, unlawefull hunters of forestes, parkes or warennes, or eny other open mysdoers, or eny openly named or famed for such, til his innocence be declared. And þat neyther be colour or occasion of feffement, or of yefte of gode moeble, passed be dede nor otherwise, eny of the seid lordes, ne noon other, shall take eny other mannes cause or querell in favour, supportation or mayntenance, as be worde, be writyng nor be message, to officer, juge, jurree or to partie, or be yifte of his clothyng or liveree, or takyng in to his service the partie; nor conceyve agayne any jugge or officer, indignation or displesaunce for doyng of his office in forme of lawe. And that they shall kepe this not only in here oune persones, but that they see that alle other in here contrees, as moch as in hem is, and their servantz, < and alle other > suche as be under hem of lesse estate, do the same; and if they do the contrarie, make hem withoute delaye leve hit, or elles putte hem aweye from hem. Also in order to avoid disturbances, excesses, misgovernance and disobedience against the king's estate and against his laws, and as an example of giving peaceful rule and good governance hereafter to all his subjects, [p. iv-422][col. a] it is advised, ordained and agreed that no lord, nor any other person of whatever estate, rank or condition that he be, shall knowingly receive, harbour, hold in household, nor maintain thieves, robbers, oppressers of the people, murderers, felons, outlaws, rapists of women contrary to the law, unlawful hunters of forests, parks or warrens, or any other manifest wrongdoers, or any person publicly named or known as such, until his innocence is declared. And that neither by pretext or occasion of feoffment, nor of gift of moveable goods given by deed or otherwise, shall any of the said lords, nor any other person, take up any other man's action or suit in favour, support or maintenance, as by word, by writing nor by message to the officer, judge, jury or to the party, or by gift of his clothing or livery, or by taking the party into his service; nor conceive indignation or displeasure against any judge or officer for carrying out his office in a lawful manner. And that they shall observe this not only personally but also ensure, as much as they can, that all other persons, their servants, and all others of lower estate who are under their authority in their areas do the same; and if they do the contrary, make them stop it without delay, or else take them away from them.
Petiit insuper idem prelocutor, nomine communium predictorum, quatenus prefatus dominus rex, omnes et singulos alios dominos spirituales et temporales tunc absentes, necnon milites, armigeros et ceteros regni potentes et valentes, ad observandum articulum predictum, cum ea celeritate qua commode fieri posset, promittere faceret et jurare. Quo quidem articulo, in parliamento predicto, de mandato regio publice lecto, audito et intellecto, prefatus dux Bedford' super requisitione dictorum communium requisitus, asseruit se firmiter credere, quod articulus predictus in sua primaria institutione pro pacis bono, ac regis et regni commodo editus fuit et provisus; quodque si universi domini spirituales et temporales tunc presentes, ad observandum articulum illum in omnibus, prefato domino regi in manibus suis tunc de novo vellent promittere, ipse cum eis de eorum calice participare voluit, et consimilem promissionem eidem domino regi in manibus suis grato animo tunc prestare. Super quo, prefati domini spirituales et temporales super premissis singulariter requisiti, pariformiter responderunt, offerentes se parates ad observationem illius articuli in dictis manibus regiis jurandum et promittendum. Et sic tam prefati duces Bed' et Gloucestr', cardinalis, et ceteri domini tunc presentes eodem die, quam alii absentes, et ad idem parliamentum postmodum venientes, quorum nomina inferius subscribuntur, ad observandum articulum predictum prefato domino regi in manibus suis predictis in eodem parliamento realiter juraverunt et promiserunt; videlicet, The same speaker further petitioned in the name of the aforesaid commons that the aforesaid lord king should cause each and every one of the other lords spiritual and temporal who were then absent, and also the knights, esquires and the other potentates and magnates of the realm, to promise and swear to observe the aforesaid article as quickly as they can. Which article having been openly read, heard and understood in the aforesaid parliament by royal command, the aforesaid duke of Bedford declared himself firmly to believe, concerning the request of the aforesaid commons which had been put forward, that the aforesaid article had been established and provided at its first institution for the benefit of peace and for the profit of the king and realm; and that if all the lords spiritual and temporal then present wish to promise again to observe that article in all things to the aforesaid lord king into his hands, he himself wished to partake of this same cup with them and to pledge willingly a similar promise to the same lord king, into his hands. Whereupon the aforesaid lords spiritual and temporal, having been asked individually about the foregoing, answered in like manner, showing themselves being prepared to swear and promise into the royal hands to observe that article. And so both the aforesaid dukes of Bedford and Gloucester, the cardinal, and the other lords who were then present in the same parliament on the same day, and the others who were absent and who came to the same parliament afterwards, the names of whom are written below, swore and promised to observe the aforesaid article to the aforesaid lord king into his aforesaid hands; namely,
15.

  • Johannes dux Bedford'
  • Humfridus dux Gloucestr'
  • Henricus cardinalis Anglie
  • Henricus archiepiscopus Cantuar'
  • Johannes archiepiscopus Ebor,
  • Willelmus episcopus London'
  • Thomas episcopus Dunelm'
  • Philippus episcopus Elien'
  •             episcopus Roff'
  • Willelmus episcopus Lincoln'
  • Johannes episcopus Bathon' et Wellen', cancellarius Anglie
  • Willelmus episcopus Norwicen'
  •             episcopus Sarum
  • Marmoducus episcopus Karliol'
  • Simon episcopus Cicestr'
  • Johannes episcopus Assaven'
15.

  • John, duke of Bedford
  • Humphrey, duke of Gloucester
  • Henry, cardinal of England
  • Henry, archbishop of Canterbury
  • John, archbishop of York
  • William, bishop of London
  • Thomas, bishop of Durham
  • Philip, bishop of Ely
  • The bishop of Rochester
  • William, bishop of Lincoln
  • John, bishop of Bath and Wells, chancellor of England
  • William, bishop of Norwich
  • The bishop of Salisbury
  • Marmaduke, bishop of Carlisle
  • Simon, bishop of Chichester
  • John, bishop of St Davids
[col. b]
Concordatum fuit etiam, eodem tertio die Novembris, et ordinatum, quod prefati communes in eorum domo communi promissionem et juramentum hujusmodi facerent ad observandum quantum in eis fuit articulum supradictum. It was also agreed and ordained on the same third day of November that the aforesaid commons should make such a promise and oath to observe the abovesaid article in their common chamber, as far as it concerned them.
16. Et super hoc, tertiodecimo die Novembris tunc proximo sequens, prefatus dominus noster rex, de avisamento et assensu dominorum spiritualium et temporalium predictorum, predictum avunculum suum ducem Bedford', cum universis prelatis et proceribus tunc presentibus, prefatis communibus ex causa predicta destinavit; dans et concedens eidem duci Bedford', plenam et sufficientem auctoritatem et potestatem, ac mandatum speciale, ad hujusmodi promissionem et juramentum ab eisdem communibus, et eorum quolibet, nomine ipsius domini nostri regis recipiendum. Qui quidem dux Bedford', eodem tertiodecimo die Novembris, assistentibus sibi prelatis et proceribus predictis, ad domum ipsorum communium predictam ex causa predicta parrexit; ac lecto ibidem articulo predicto, vocatisque omnibus et singulis communibus predictis nominatim, quilibet eorumdem communium tunc ibidem presentium, ad observandum eundem articulum in omnibus, sub fide qua Deo et regi tenebatur, eidem domino regi, in manibus prefati ducis Bedford', realiter juravit et promisit. 16. And thereupon on 13 November next following our aforesaid lord king, with the advice and assent of the aforesaid lords spiritual and temporal, despatched his aforesaid uncle the duke of Bedford, with all the prelates and nobles who were then present, to the aforesaid commons because of the aforesaid; giving and granting full and sufficient authority and power and special mandate to the same duke of Bedford to receive this promise and oath from the same commons, and from each of them, in the name of our same lord king. The duke of Bedford on the same 13 November, with the aforesaid prelates and nobles being present with him, came to the aforesaid chamber of the commons because of the aforesaid; and with the aforesaid article having been read there, and having summoned each and every one of the aforesaid commons by name, each of the same commons who were then present there swore and promised the same lord king, into the hands of the aforesaid duke of Bedford, to observe the same article in all things under an oath by which he was bound to God and the king.
[p. iv-423]
[col. a]
[memb. 16]
Requisitio facta regi per communes pro expectatione ducis Bedford' in Anglia. The request made to the king by the commons concerning the duke of Bedford remaining in England.
17. Memorandum þat þe .xxiiij. day of November, þe communys of þe land apieryng before þe kyng in þis his present parlement, made to be saide unto hym be þaire speker, þat þei among hem [...] had communid and considerid, þat howe were it, þat atte þe tyme of þe descesse of þe kyng of noble memorie his faþer, þat was our soverain lorde, þe obeysaunce þat he had in þe reme of Fraunce, and in þe places and cuntreys conquerid and gotenn be hym þere, was right tendre, right yong and grene; and þe hertis of þe peple þer, noght so fermid, stablisshid and assurid, in affectioun, love and trouth to þe kyng be contynuaunce of any tyme, as with Goddes grace þai be nowe; and þat fewe Englissh men abode, or wolde abyde þo þere, for þe greet perile þat ai sawe in abidyng þere; my lorde of Bedford', for þe love and trouth þat he had unto þe kyng, and to þe worship and wele of hym, abode þo stille þere, to grete jupardie and aventure of his persone; and as a noble knyght and well assurid, toke upponn hym þe defense and kepyng þe rule and governaile of þe kyngs obeisance and cuntre þere, þe which had ellys by liklyhode be lost, and fallynn fro þe kynges handes, þat God ne wolde; and be his grete wisdome and manhede, with long contynuyd labour, peril and aventure of his persone, hath nobly doone his devoir, to þe kepyng þerof into þis tyme, as ferforth as in hym hath bee; and as frely fro tyme to tyme when þe cas requirid it, exposid his persone to þe labour and to þe aventure of þe werre, as þe poueryst knyght or gentilman beyng þere in þe kyngs service, and chevid many greet and faire thinges, worthi to be had in perpetuell remembraunce; and in especial, þe batayle of Vernule, þe which was þe grettest dede doon by Englissh men in our dayes, save the bataille of Agyncourte, in the which bataille of Vernule, was slayne and taken þe flour of knyghthede, as well of þe kyngs partie adverse of þe same cuntre, as of Scotland, and of oþer strange nations, þat were þere in assistence and helpe of þe kyngs partie adverse. And þat over þis, at diverse tymes, my said lorde of Bedford' hath in his owen persone, many and diverse dayes kept þe felde, redy to have foghtyn and delivered bataille to þe kynges enemyys, beyng also in þe felde, yif þey wolde have abydyn it; < whoos > noble and knyghtly corage and manheye is knowen swich, þat he beyng þere kan noght spare ne forbere þe aventure of his persone, if þe kynges enemyys prese to þe cuntre þat he is inne, þe which was thought to hem a grete perile; consideryng howe greet a tresor his persone is to þe kyng, and bothe his landis; over þis þe said communys, considerith þat þe presence and beyng of my saide lorde of Bedford' in þis lande, sith his comyng into hit, hath bee full fructuous, and þat þe restfull rule and governaile of þis lande, hath greetly growyn and been encressid þere by, as well by þe noble myrrour and ensample þat he hath yevyn to oþer, restfully governyng hym self, and alle his kepyng, and obeyyng þe kynges peas and his lawes, and makyng þo þat beth toward hym to do the same, bryngyng hem in his owen persone to þe lawe to be punysshid, when any of hem hath offendid; payng also trewly for his vitailys, and all maner of thing þat he hath had of any of þe kynges sugets, as in assistyng with his grete wisdome and prudence, be way of advis and counseill to þe kyng, and to þe saide rule and governaile; for þe which thinges þe poeple of this lande, þowe they rejoise hem in my saide lorde, for his birth and nynesse of blood þat he standith ynne to þe kyng, yit moche þe more for his saide goodly governaille, so þat it is thought to þe saide commens, þat þe abidyng of my saide lorde of Bedford' in þis lande so blessidly, and so well disposid, as thankid be God he is, shulde bee oone þe grettest seurte þat coude be thought, to þe welfare [col. b] of þe kynges noble persone, and also to þe good and restfull governaile and kepyng, aswell of this lande inward, as of þe kynges landes outward; and for these causes and considerations, and also to putte, and make to be putte in executioun and in dede, an article late assurid in þe kynges hande, for þe good and peisible rule of þe lande, þe saide communes besekith þe kyng, in þe moost humble wise þat þei kan and may, þat it like his hynesse to wolle, praye and desire my saide lorde of Bedford', to abide stille in þis lande, as ferforth as he in any wise goodly may, to þentent to assiste þe kyng, namely with his noble advis and counseill, to þe kepyng and to þe encresse of þe saide good and restfull rule and governaile alway, with that doyng his devoir and duytee, to þe good kepyng and rule of þe kynges landes utward. Aftir þe which supplicatioun and requeste so made to þe kyng, the worshipfull faþer in God the bisshop of Bathe, chaunceller of England, be þe commaundement of þe kyng callyng unto hym my lorde of Gloucestre, my lorde þe cardinall of Englond, þe erchebisshoppis of Caunterbury and of York, and certein oþer lordes, after communicatioun and advis had among hem of þis matier, asked my saide lordes, and all þe remenant of þe lordes spirituell and temporell, þe which were þere present in grete nombre, whether hem thought expedient and behovefull, þat þe kyng requirid and prayed my saide lorde of Bedford', in þe wise as it was desired be þe saide communys, or no; the which lordes alle, aswell for þe causes and considerations declarid be þe saide communes, as for oþer diverse causes, openyd and alleggid be diverse of þe saide lordes, saide, þat it was thought to hem expedient, þat þe kyng prayed and required my saide lorde of Bedford', to abide in þis lande, in þe wise as it was requirid be his saide communes; the which advis and counseill of þe saide lordes so had, þe kyng be þe mouth of þe saide chaunceller, prayed and required my saide lorde of Bedford' to abide in þis lande, as he had well herde þat it was with grete instaunce desired and required. To þe which requeste and prayer of þe kyng, my saide lorde of Bedford' answerid, sayyng, þat he was greetly basshid of þe saide requeste for oo cause, and rejoysyd þerof for an oþer; he was basshid þerof, heryng þe grete recomendation þat þe saide communys gafe hym, for so litill service as he had doone to þe kyng, thinkyng þat if God had urid and grauntid him to < do > such service, as he desired with all his herte to have doo, and it had restid in his power, hit shulde have bee received be thaym to right greet and merveillous thonkes and laude; on þat oþer part he rejoised hym, in þat that it had liked God, so to sette in þe hertis of þe commune of the lande, to have hym in suche affection and love, þat thei wolde so especially recomende < hym > and his service to þe kyng, to the entent to sette him þe more in þe kynges noble grace and favour, þe which is þe erthely thing þat he moost desirith; and as toward his abode here so desirid, as it is before reherced, he saide þat he knoweth hym self þe kynges man, and þat his duyte is to do hym service; and howe be it þat God have made hym neer to þe kyng be way of his birthe, þan any oþer is, neverþelees he woll with all his herte, be as redy atte þe kynges commaundement to do him service, suche as shall lye in his power, as well in þis lande as in oþer places, as shall any suget þat þe kyng hath. 17. Be it remembered that on 24 November the commons of the realm came before the king in this his present parliament and made it known to him through their speaker that they had discussed and considered among themselves how it was at the time of the death of the king his father of noble remembrance, who was our sovereign lord, that the obedience he had in the realm of France and in the regions and countries conquered and gained by him there was most weak, most fragile and new; and the hearts of the people there had not been as firm, stable and steadfast in affection, love and truth to the king by virtue of long duration as with God's grace they are now; and that few Englishmen lived or would live there on account of the great danger they perceived in living there; my lord of Bedford, on account of the love and true affection which he had for the king, and for the latter's honour and well-being, still remained there in great jeopardy and personal danger; and as a noble and undoubted knight, took the defence and keeping of the rule and governance of the king's obedience and country there upon himself, which otherwise would most likely have been lost and would have fallen from the king's hands, which God forbid; and through his great wisdom and valour, with long and continuous personal labour, peril and danger, he has nobly done his duty towards retaining its tenure until the present time, to the utmost of his ability; and as often as the matter required it, he has subjected his person to the deed and to the danger of war as the poorest knight or gentleman who was there in the king's service, and undertaken many great and noble deeds worthy to be held in remembrance forever; and in particular the battle of Verneuil, which was the greatest deed undertaken by Englishmen in our time, save for the battle of Agincourt, in which battle of Verneuil the best knights were slain and killed both from the king's enemies of the same country and from Scotland, and from other foreign nations who were there assisting and helping the king's enemies. And in addition, my said lord of Bedford has at various times and on many occasions taken to the field in person, being prepared to fight and do battle with the king's enemies who were also in the field if they would have remained there; whose noble and knightly courage and valour is known to be such that he cannot avoid or forbear risking his own life if the king's enemies attack the area he is in, which is seen to put him at great risk, considering how great a treasure his person is to the king and both his realms; in addition, the said commons consider that the presence and residence of my said lord of Bedford in this realm since his arrival has been most beneficial, and that the peaceful rule and governance of this realm has thereby greatly grown and been increased by both the noble model and example that he has given to others, not only by his peaceful conduct and that all of his affinity, in obeying the king's peace and his laws and making those who are with him do the same, personally bringing them to justice to be punished when any of them has offended, and also paying honestly for his victuals and all the other things which he has had from any of the king's subjects, but also in assisting through his great wisdom and discretion by means of advice and counsel to the king and to the said rule and governance; for which reasons, although the people of this realm rejoice in my said lord on account of his birth and consanguinity to the king, they do so all the more for his said good governance, so that as a result the said commons consider that my said lord of Bedford's remaining in this realm is so felicitous and so very advantageous thanks be to God, that it should be one of the greatest guarantees that could be thought of for the welfare [col. b] of the king's noble person, and also for the good and peaceful governance and safeguard, both of this realm itself and of the king's realms overseas; and for these reasons and considerations, and also so that an article recently confirmed in the king's hand for the good and peaceful rule of the realm may be put and caused to be put into execution and effect, the said commons beseech the king, in the most humble way that they can and may, that it might please his highness, to will, pray and desire my said lord of Bedford to remain now in this realm as far as he is able, with the purpose of assisting the king, namely with his noble advice and counsel, to safeguard and enhance the said good and peaceful rule and governance always, as well as by doing his duty as regards the good governance and rule of the king's realms overseas. After the petition and request had thus been made to the king, the worshipful father in God the bishop of Bath, chancellor of England, by the command of the king, summoned to him my lord of Gloucester, my lord the cardinal of England, the archbishops of Canterbury and of York and certain other lords who, after discussing this matter amongst themselves and taken advice, asked my said lords, and all the other remaining lords spiritual and temporal who were present there in large numbers whether or not they thought it expedient and necessary that the king required and prayed my said lord of Bedford in the way desired by the said commons; which lords all said, both for the reasons and considerations declared by the said commons and for several other arguments put forward and expressed by some of the said lords, that they considered it expedient that the king should pray and require my said lord of Bedford to remain in this realm in the way it was required by his said commons; which advice and counsel of the said lords having been given, the king, by the mouth of the said chancellor, prayed and required my said lord of Bedford to remain in this realm, as he had well heard that this had been desired and required with great seriousness. To which request and prayer of the king my said lord of Bedford answered, saying that he was greatly abashed by the said request for one reason and overjoyed thereof for another; he was abashed thereof, hearing the great recommendation that the said commons gave him, for the little service he had done for the king, thinking that if God had inspired and granted that he might have done such service as he desired with his whole heart to have done, then they would indeed have been right to give him great and remarkable thanks and praise; on the other hand he was overjoyed that it had pleased God to put into the hearts of the commons of this realm such affection and love for him that they would so especially recommend him and his service to the king, with the intention of putting him more in the king's noble grace and favour, which is what he most desires on earth; and as regards his much desired remaining here, as it is said above, he said that he knows himself to be the king's liege, and that it is his duty to do him service; and how it is that God has made him closer to the king by means of his birth than any other man, nevertheless he will with all his heart be as ready as any subject of the king to do him service at the king's command, as much as it lies in his power, both in this realm and in other regions.
Memorandum quod decimo octavo die Decembris, dicto anno duodecimo, prefatus dux Bedford' exhibuit in presenti parliamento quosdam articulos, quos pro regis commodo specialiter affectabat in eodem parliamento expediri. Qui quidem articuli in parliamento predicto lecti, auditi et intellecti, de avisamento dominorum [p. iv-424][col. a] spiritualium et temporalium, tunc ibidem presentium, concessi fuerunt et agreati; quorum tenores, cum eorum responsionibus, hic sequntur: Be it remembered that on 18 December in the said twelfth year [1433] the aforesaid duke of Bedford presented certain articles in the present parliament which he desired to be expedited for the advantage of the king in particular. Which articles having been read, heard and understood in the aforesaid parliament, with the advice of the lords [p. iv-424][col. a] spiritual and temporal who were then assembled there, were granted and agreed; the tenors of which, with their answers, follow here:
Articuli ducis Bed'. The articles of the duke of Bedford.
18. Thees bee the articles whiche I Johan duc of Bedford', þe kyngs furst uncle, shewe and desire in this present parlement, for the good of my lorde. 18. These are the articles which I John, duke of Bedford, the king's first uncle, put forward and desire in this present parliament, for the good of my lord.
Sithen hit hath liked my lorde, atte the requeste of his communes, and by the assent and advis of the lordes spirituel and temporell assembled in this present parlement, for suche causes as moeved þaym þerunto, of his grace to praye me and wylle me, whoos prayer and wille is unto me a commaundement, to contynue me in his service in þis his reaume, more þanne y have doon of many dayes passed, as fer as hit may goodly bee with þe wele of his landes and lordshippes beyonde þe see. I willyng, as y have ever willed and ever shall, to obeye my lordes commaundementz and desires to my power, graunted and graunte so for to doo, desiryng to be putte in certainete of certain articles þat folwen, and thay to abide enacted as þinges of recorde, fully assented and accorded in this present parlement; makyng protestatioun þat myn entent is nought, þat þe saide articles stande or have force, but unto þe tyme that hit shall like my lorde, to take < þe > excercise of the governaunce of this his reaume in his owen persone. Since it has pleased my lord, at the request of his commons and by the assent and advice of the lords spiritual and temporal assembled in this present parliament, for such reasons as has moved them thereunto, to pray me and will me from his grace, whose prayer and will is a command to me, to continue in his service in this his realm to a greater extent than I have done in the past, as far as it may be concordant with the well-being of his lands and lordships overseas. Being willing, as I have ever willed and ever shall, to obey my lord's commands and desires within my power, I granted and grant to do this, desiring to be put in certainty of specific articles which follow, and for them to be enacted on record, fully assented and agreed in this present parliament; making protestation that I have no purpose of my own, but that the said articles stand or have force only until the time that it shall please my lord to assume the exercise of the governance of this his realm in his own person.
I. Furst, to knowe what lordes and estates, wol and shall take uppon þaym, for to bee my lordes counseillers, and to contynue in his continuelle conseil. I. First, to know which lords and estates will and shall take it upon themselves to be my lord's counsellors and to remain on his perpetual council.
[editorial note: Responsio.] [editorial note: Answer.]
It is thought resonable. It is thought reasonable.
II. Item, þat suche as shall take uppon thaym the charge of office, or of conseil, bee nought discharged of office ner of counseil, ner noon other taken in, withoute þe common assent of the saide counseil, and myn advis also hadde, where þat ever I bee in my lordis service. II. Also that those who shall take the burden of office or of counsel upon themselves shall not be discharged from office nor from council nor any others be appointed without the common assent of the said council and my advice also having been sought, wherever I shall be in my lord's service.
[editorial note: Responsio.] [editorial note: Answer.]
It is graunted as it is desired, touchyng þoo þat will agree hem to be counseillours; standing also þe first articles subscribed and sworne be all þe counseill in here strength. It is granted as it is desired with regard to those who agree to be counsellors, maintaining also the full authority of the initial articles witnessed and sworn by all the council.
[memb. 15]
III. Item, in cas þat my cousin of Warrewyk, or any other greet officier of household, as steward, chamberlein, tresorer or compterolleur, or any other of þe grete officiers of þis lande, as chaunceller, tresorer, prive seel, the chief justices of bothe places, the chief baron of þescheqer, or any of my lordes counseil, or also any of his greet officiers of his duchie of Lancastre, for maladie, or for any other resonable cause, myght not, or wolde not occupie no lenger, that before þat any other bee ordeined, or charged in any of þaire places, I be certified where þat ever y bee in my lordis service, of þe opinion of my lordes counseill beyng in þis lande, whom þat þei thenke behovefull to bee sette in suche < office > or occupation, and þay also to bee certified from me uppon þe same; to þat entente þat with Goddis grace, þay and I may condescende to þat þat may bee to þe beste of my lorde, and of his landes. III. Also in case my cousin of Warwick, or any other great officer of the household, such as steward, chamberlain, treasurer or controller, or any other of the great officers of this realm, such as chancellor, treasurer, the keeper of the privy seal, the chief justices of both Benches, the chief baron of the exchequer, or any person on my lord's council, or also any of his great officers of his duchy of Lancaster, might not or cannot continue in office any longer on account of illness or any other reasonable excuse, then before any other is ordained or appointed in any of their places, I shall be notified, wherever I might be in my lord's service, of the opinion of my lord's council in this realm concerning whom they consider suitable to be put in such an office or occupation, and they also shall be notified by me as regards the same; with the intention that, with God's grace, they and I may agree to what may be to the advanatage of my lord and of his realms.
[editorial note: Responsio.] [editorial note: Answer.]
It is acordyng to þat other, and is thought resonable, and so graunted. It is in line with the other request, and it is thought reasonable, and is so granted.
IIII. Item, howe bee hit þat I knowe well, that hit is in my lordes fredom to calle his parlement where and whanne he wol, neverlees in þis his tendre age, he calleth noon withoute advis of his conseil. Wherfore I desire, þat whiles and as longe as hit is or shall bee soo, that aforn þat any day or place of parlement bee concluded here, that I be certified from þe saide conseill, where þat ever I bee in my lordes service, of þaire entent [col. b] and purpos in þat matier. And y to certifie þaym uppon þe same of myn opinioun and advis, to þat eende þat if hit be thought amonges us alle expedient þe callyng of a parlement, þat I may dispose me to bee þere as þe parlement shall be, to procure þe wele of my lord and of his landes, as fer as God woll yeve me grace. IIII. Also although I well understand that it is my lord's prerogative to summon his parliament wherever and whenever he wills, nevertheless in this his minority, he summons none without the advice of his council. Wherefore I desire that whilst and as long as it is or shall be so, that before any date or location of parliament is decided, that I be notified, wherever I shall be in my lord's service, by the said council of their intent [col. b] and purpose in that regard. And I shall notify them of my opinion and advice on the same, so that if all of us consider it to be expedient to summon a parliament then I may arrange to be there at the parliament to take care of the well-being of my lord and of his realms, as far as God will give me grace to do so.
[editorial note: Responsio.] [editorial note: Answer.]
It is graunted and thought resonable. It is granted and thought reasonable.
V. Item, for asmuche as in every reaume Cristen, notable prelates bee greet strengthe unto þe prince, and unto þe reaume þat þay bee yn, for þair good lyf, connyng and discretion þat God endowyth þaym with. Wherfore y disire, þat if any cathedrall chirche voide in þis reaume, whiles þat my lord writeth his letters by þadvis of his conseil, þat before that any letters bee writen from my lord unto our Holy Fader, ner to chapitre of cathedral chirche soo voidyng, for any persone to bee recomended, þat y may bee certified, where þat ever y bee in my lordes service, of þoppinion of my lordes conseil, and þay ayeinwardes of myn, soo þat with Goddes grace, þere bee founden amonges us noo variance, but þat I and þay may alwayes conclude to þe best. V. Also forasmuch as in every Christian realm notable prelates are a great strength to the prince and to the realm where they are from their good example, knowledge and discretion with which God has endowed them. Wherefore I desire that if any cathedral church is vacant in this realm, for so long as my lord writes his letters by the advice of his council, that before any letters are written from my lord to the pope or to the chapter of the cathedral church thus vacant recommending any person that I may be notified, wherever I shall be in my lord's service, of the opinion of my lord's council and they similarly of mine so that, with God's grace, there shall be no disagreement amongst us but that I and they may always decide for the best.
[editorial note: Responsio.] [editorial note: Answer.]
It is graunted. It is granted.
VI. Item, for asmuche as þere bee many olde servantz and feble, þat have dispended þaire yougthe in þe service of my lordes, my grant sire, fader and brother, whoos soules God assoille, and also with my lorde þat nowe is, whom God yeve good lyf and longe, some withoute any liflode or guerdon, so þat they bee nowe in grete myschief and necessite, and some but esily guerdonned, and nought like to þaire desert and service. Wherfore I desire þat þere myght bee a book made, of all þe names of suche as have so served and be unguerdonned, or nought guerdonned like to hir desert, to þat entent þat whanne offices or corrodies falle, þat they myght bee yeven to suche persones, havyng consideration to þe habilite of þaym, and to þe tyme þat þay have served, and in þe same wise of benefices to clerkes. VI. Also forasmuch as there are many old and feeble servants who have spent their youth in the service of my lords my grandfather, father and brother, whose souls may God absolve, and also of my present lord, to whom may God give a good and long life, some without any income or reward so that now they are in great hardship and need, and some only partly rewarded and not as befits their merit and service. Wherefore I desire that a book might be made of all the names of those who have so served and who are unrewarded, or not rewarded as befits their merit, so that when offices or corrodies become vacant they might be given to such persons, taking into account their abilities and the time they have been in service, in the same way as benefices are given to clerks.
It is graunted. It is granted.
19. Memorandum þat after þat þe kyng, at þe request of his communes, and be the avis and assent of þe lordes spirituell and temporell assembled in his parlement, þe .xxiiij. day of November, þe .xij. yere of his reigne, had praied and desired my lord of Bedford' to abide in þis lond, in þe manere, and to þentent, declared on þe behalve of the said communes by þe mouth of Roger Hunte, þeire speker; and þat my said lord of Bedford', had answered to þe kyngs said desire and praiere, as it appiered of all þese þyngs before reherced, be an acte made þereupon in þe parlement rolle; my said lord of Bedford', on þe Wednesday next folwyng, þat was þe .xxv. day of the said November, repetyng his foresaid answere to þe remenant of þe lordes of þe kyngs counseil, beyng assembled in þe Sterrid Chambre; remembrid also howe þat afore þis, as wele hym self, for the tyme of his beyng in þis lond chief of the kyngs counseil, as his brother of Gloucestre, had some tyme, by þavis and ordinance of the kyngs greet consail in parlement, and at some tyme, by þavis and ordinance of þe kyngs consail out of parlement, oþerwhile þe somme of .viij. .m. marcs yerly for þeire service and intendance, oþerwhile .vi. .m. marcs, oþerwhile .v. .m. marcs, and oþerwhile .iiij. .m. marcs yerly. Wherfore sith it lyked the kyng to commaunde hym to entende to his service and consail in þis land, and to be as reson will, chief þereof, accordyng to his birth; he desired for to knowe, what some he shuld yeerly have of the kyng, for his said service and entendance; [p. iv-425][col. a] addyng þerto, þat it myght wole be thought, þat consideration shuld be had þerinne, to þat þat had be graunted afore þis, for semblable entendance and service. And for asmoche as þe foresaid lordes of the kyngs consail, sat for a tyme still, yevyng hym none answere, butt deliberyng as it semed, and avisyng in hem self what þei myght answer, my said lord of Bedford' fil with hem in forþer communication of the said matier, and made hem þerinne diverse faire overtures and offris, and finally said, þat he considered þe good and favorable lordship þat it liked the kyng to shewe hym, and þerewith the grete necessitee þat þe kyng standith inne for manifold charges þat restith upon hym, and þerefore in abbriggyng of þeire labour, and in shewyng of þe grete and fervent desire and will, þat he hath to doo the kyng service, to þe lest charge of the kyng or þe land þat he in any wise goodely myght, nought havyng his rewarde to þe said precedents, offerd and agreed hym to serve þe kyng, and to entende to his saide consail in þis land, [...] receyvyng of the kyng but a .m. pound for þe hole yere; and if it hapned hym to departe out of þe land, to doo þe kyng service in his reaume of Fraunce or elles where, to receyve of the said somme, butt for þe rate of þe tyme of his beyng in þis reaume; with þat þat hym so departyng, it shuld like þe kyng to graunte hym, þat at eche tyme þat he so departed, he shuld also have þe somme of .v. .c. pounde, for þe charges þat he most bere and susteigne in his passage from hens þiþerward; and semblably oþer .v. .c. pounde, for þe charges of his repassage ayenward; addyng þereto, þat if he myght in eny wise have take hym to doo þe kyng service, to lasse charge of þe kyng and þe land, he wold with all his hert have do it. And þat he takith hym nowe so nygh, tristyng þat it shall lyke the kyng here after at his more ese to considere it, in swhiche wise as it shall plese his lordshipp; of the whiche his liberall offre þe said lords þankid hym especially on þe kyngs behalve, and agreed hem as for þe kyng, to make hym to be satisfied and paide of the seid yerly sommes, fro þe day of his last comyng into Englond, and for his passage and repassage accordyng to his desire and offre, þinking hit nought excessive, butt full moderate and resonable. The whiche offre and agrement, afterward notified and communed to all the lordes spirituell and temporell, beyng in þis þpresent parlement þe .xxvi. day of the saide November, were thoght to þeym all full esy and resonable, and fully þei agreed hem þereto, as to a thyng right expedient and profitable to the kyng and his land, considered the precedentes above reherced. (fn. iv-419-108-1) 19. Be it remembered that after the king, at the request of his commons, and by the advice and assent of the lords spiritual and temporal assembled in his parliament, on 24 November in the twelfth year of his reign [1433] had prayed and desired my lord of Bedford to remain in this land in the manner and with the intention as declared on behalf of the said commons by Roger Hunt, their speaker, and after my said lord of Bedford had answered the king's said desire and prayer, as is clear in the articles stated above, recorded on the parliament roll; my said lord of Bedford on the Wednesday next, that was 25 November, repeating his aforesaid answer to the rest of the lords of the king's council who were assembled in the Star Chamber, recalled also how in the past both himself, whenever he was in this realm as chief of the king's council, and his brother the duke of Gloucester, on some occasions by the advice and ordinance of the king's great council in parliament and on other occasions by the advice and ordinance of the king's council outside parliament, had sometimes received the sum of 8,000 marks per year for their service and attendance, at other times 6,000 marks, 5,000 marks, or 4,000 marks per year. Wherefore since it pleased the king to command him to be in his service and attend the council in this realm, and to be rightly chief of it, according to his birth; he desired to know what sum he should receive each year from the king for his said service and attendance; [p. iv-425][col. a] adding that it might well be thought that consideration should be given thereupon to what had been granted in the past for similar attendance and service. And because the aforesaid lords of the king's council sat for a time without giving him an answer, but discussed, as it seemed, and advised themselves as to what they might answer, my said lord of Bedford joined them in further discussion of the said matter and made them several fair proposals and offers thereupon, and finally said, considering the good and favourable lordship that it pleased the king to show him, and also the great need of the king because of the manifold charges that lay upon him, so cutting short their labour, and demonstrating the great and fervent desire and will that he has to do the king's service at the least cost that he could to the king or the realm, disregarding the said precedents, offered and agreed to serve the king and to attend his said council in this realm, receiving only £1,000 from the king for a whole year; and if he happened to leave the realm to do the king's service in his realm of France, or elsewhere, he would only receive a proportion of the said sum for the time he was in this realm; at his departing, it might please the king to grant him that every time he thus leaves he should also have the sum of £500 for the charges he must bear and sustain on his outward crossing; and similarly another £500 for the charges of his homeward crossing; adding to this that if he might in any way be able to do the king's service at a lesser charge to the king and the realm, he would willingly do so. And that he will now withdraw, trusting that it shall please the king hereafter at his greater pleasure to consider this, in such a way as it shall please his lordship; the said lords especially thanked him on the king's behalf for his generous offer, and they agreed that the king should cause him to be satisfied and to be paid the said yearly sums from the day of his last arrival in England and for his crossing and re-crossing according to his desire and offer, thinking it not excessive, but most moderate and reasonable. Which offer and agreement was afterwards notified and communicated to all the lords spiritual and temporal who were assembled in this present parliament on 26 November who thought it most moderate and reasonable, and they fully agreed to it as a matter most expedient and profitable to the king and his realm, considering the precedents mentioned above. (fn. iv-419-108-1)
[memb. 14]
Concessio decime et quintedecime. The grant of the tenth and fifteenth.
20. Memorandum quod communes regni Anglie, in presenti parliamento existentes et coram domino rege in pleno parliamento predicto comparentes, per Rogerum Hunt prelocutorem suum declarabant, qualiter ipsi, de assensu dominorum spiritualium et temporalium in parliamento predicto existentium, concesserunt prefato domino regi, unam quintamdecimam et unam decimam, exceptis quatuor milibus librarum de eisdem quintadecima et decima, sub certa forma in quadam indentura inde confecta et domino regi in eodem parliamento exhibita contenta deducendis, de laico populo regni Anglie levandam. Tenor cujus indenture sequitur in hec verba: 20. Be it remembered that the commons of the realm of England who were assembled in the present parliament and present before the lord king in the aforesaid full parliament declared through Roger Hunt, their speaker, how they themselves, with the assent of the lords spiritual and temporal assembled in the aforesaid parliament, had granted to the aforesaid lord king a fifteenth and a tenth, except for £4,000 to be deducted from the same fifteenth and tenth, to be levied on the lay people of the realm of England under a certain form in a certain indenture made thereupon and presented to the lord king in the same parliament. The tenor of which indenture follows in these words:
To the worship of God, we your pour communes, by your high commandement comen to this your present parlement, for the shires, citees and burghes of this your noble roialme, by the assent of alle the lordes espirituell and temporell, by your auctorite roiall in this your saide parlement assembled, graunten by this present endenture to you oure soveraigne lorde, for [col. b] the defense of this your seide roialme, a .xv. me and a .x. me of the godes moeble of the lay poeple of this your saide roialme; except the summe of .iiij. .m.li. fully to be deducte of the summe that the saide .xv. me and .x. me atteigneth unto, in partie of relefe and discharge of the poure tounes, citees and burghes, desolate, wastud or destrued, or over gretly empoverysched, or elles to the saide taxe over gretly charged, withynne this your saide roialme; every shire of this your seid roialme, to the seid .xv. me and .x. me , to you by this present graunte chargeable, to be quyte and discharged of as moche somme, as woll atteigne to the quantite of the rate and afferaunt of the seide somme of .iiij. .m.li., aftir the somez that the saide shires, to the seide .xv. me and .x. me bien assessud evunly to be departed; and in youre commissions direct to your collectours of the seide graunte to be depute, to be conteignud and expressud. And that afore eny commission to be direct to your seid collectours, that commissions by auctorite of this present parlement be direct in every shire of this your seid roialme, chargeable to the seid .xv. me and .x. me , to a lorde of the seid shire, and to the too knyghtes of the same shire, at this your seid parlement beyng by retorne of the somones of this your seid parlement; gyffyng theym or tweyne of them, by your seid commission, by the auctorite aforseid, pleyne poair and auctorite, by there discretion, as well by enquerre as elles, to appoynte, lymyte, assigne and sever, particulerly aftur the same in the seid commissions to be deducte, as it is above seid and expressid, every toune, citee and burgh, desolate, wastud, destruyed, over gretly empoverysshed, or to the seide taxe over gretly charged, in the seid shire, the somme of his discharge by their discretion. And also that semblable commissions by the auctorite aboveseid, in every citee or burgh in this your seide roialme, chargeable to the seid .x. me , beyng a shire incorporate, be directe to a lorde, and the too citezeynes or burgeys of the seide citee or burgh, by retourne of the seid somones at this your seid parlement beyng; gyffyng theym or tweyn of theym, by your seid commission, by the auctorite aboveseid, semblable poair and auctorite, by their discretion, as well by enquerre as elles, to appoynte, lymyte, assigne and sever, particulerly aftur the somme in the said commissions to be deducte, as it is above seid and expressud, every parisshe or warde, desolate, wastud, destruyed, over gretly empoverisshed, or to the seid taxe over gretly charged, in the said shire so incorporate, the summe of his discharge by their discretion. And theruppon the seid lordes and knyghtes of shires, in every shire as they be severally assigned, or too of theym; and as well the lordes and the citezeines of citees, as the lordes and burgeyses of burghes, beyng shires incorporate, or tweyne of theym, as they be severally assigned, as hit is aboveseid, under their letters, ensealud with their seales, to certifie to your collectours of the seid taxe, the tounes, citees, burghes, parysshes and wardes, and the summes of theym so to be discharged; and that the seide collectours by force of the same certificate, sursease of eny levie to make, of eny suche toune, citee, burgh, parische or warde, as for the same so certified to be discharged. And that every suche toune, citee or burgh, parisshe and warde, of the seide somme ayenst you be quyte and discharged; and that by the seide certificates, the seid collectours of the taxes afore seid, of the seid sommes so certified, uppon their accomptz have due allowance, and therof ayenst you and your heirs, as well they, as the seid tounes, citees, burghes, parisshes and wardes be quyte and discharged for all dayes; alwey forseyn, that the seid certificates ne excede not the somme withynne the same shire to be deducte appoynted: and also except that the lay poeple of the citee of Lincoln, ne none of theym, by force of the graunte aforesaid, to the payement [p. iv-426][col. a] of the halfe of the seide .xv. me and .x. me , or eny thyng of the same half, by force of the seide graunte in eny wise be artud or compellud; but that all the seid poeple of the same citee, and everiche of theym, of the payement of the same half .xv. me and .x. me , and every parcell therof, ayenst you our soveraigne lord and your heirs been utterly quyte and discharged; the seide .xv. me and .x. me , except afore except, to be arerud and paied in the manner and fourme accustumed to you our sovereigne lorde, in the fourme that foloweth. That is to sey, the fourthe part therof, except afore except, at the feste of Estre next comyng; an nother fourthe part therof, except afore except, at the fest of Seint Martyn in wynter next folowyng aftur that; the thridde fourthe part therof, except afore except, at the feste of Estre thanne next folowyng; and the remenant of the .xv. me and .x. me , except afore except, that is to sey, the last fourthe part therof, at the fest of Seint Martyn in wynter thanne next folowyng: and the seide halfe .x. me , paiable of the seide citee of Lincoln, to be arerud and payed at the festis aforeseid by even portions. (fn. iv-419-113-1) For the honour of God, we your poor commons who have come to this your present parliament by the command of your highness on behalf of the counties, cities and boroughs of this your noble realm, by the assent of all the lords spiritual and temporal assembled by your royal authority in this your said parliament, grant by this present indenture to you our sovereign lord, for [col. b] the defence of this your said realm, a fifteenth and a tenth on the moveable goods of the laity of this your said realm; except for the sum of £4,000 to be fully deducted from the sum that the said fifteenth and tenth shall amount to in part relief and discharge of the poor towns, cities and boroughs which are desolate, laid waste or destroyed, or which are too much impoverished, or else overburdened by the said tax within this your said realm; every county of this your said realm that is liable to you for the said fifteenth and tenth by this present grant shall be quit and discharged of an equal sum as is in accordance to the amount of the rate and scale of the said sum of £4,000 which is to be shared equally according to the sums that the said counties have been assessed for the said fifteenth and tenth; and that this be contained and expressed in your commissions directed to your collectors to be appointed for the said grant. And that before any commission is sent to your said collectors that, by the authority of this present parliament, commissions shall be sent to every county of this your said realm which is liable for the said fifteenth and tenth to a lord of the said county and to the two knights of the same county who are at this your said parliament by the return of the summons of this your said parliament, giving them, or two of them, full power and authority by your said commission, by the aforesaid authority, according to their discretion, both to inquire and to decide, limit, assign and divide, particularly as regards what is to be deducted in the said commissions, as it is said and expressed above, the amount of the discharge by their discretion for every town, city and borough, desolate, laid waste, destroyed, too much impoverished or overburdened by the said tax in the said county. And also that, by the abovesaid authority, in every city or borough being a shire incorporate in this your said realm, which is liable for the said tenth, similar commissions shall be sent to the lord and to the two citizens or burgesses of the said city or borough who are at this your said parliament by the return of the said summons, giving them or two of them similar power and authority by your said commission, by the abovesaid authority, according to their discretion, both to inquire and to decide, limit, assign and divide, particularly as regards the sum to be deducted in the said commissions, as it is said and expressed above, the amount of the discharge by their discretion for every parish or ward in the shire incorporate desolate, laid waste, destroyed, or which is too much impoverished or overburdened by the said tax in the said county. And thereupon the said lords and knights of the counties, in every county where they shall be separately assigned, or two of them, and both the lords and the citizens of the cities and the lords and burgesses of the boroughs, as shires incorporate, or two of them, as they shall be separately assigned, as it is said above, shall certify by their letters sealed with their seals to your collectors of the said tax the towns, cities, boroughs, parishes and wards and the sums with which they should be discharged; and that by force of the same certificate the said collectors shall cease from making any levy from any such town, city, borough, parish or ward thus certified to be discharged: and that every such town, city or borough, parish and ward shall be quit and discharged of the said sum towards you. And that by the said certificates the said collectors of the aforesaid taxes shall have due allowance of the said sums thus certified in their accounts; and both they and the said towns, cities, boroughs, parishes and wards shall be quit and discharged towards you and your heirs forever. Provided always that the said certificates shall not exceed the sum agreed to be deducted in the same county; and provided also that the lay people of the city of Lincoln, nor any of them, shall be in any way constrained or compelled by force of the aforesaid grant to pay [p. iv-426][col. a] the said half fifteenth and tenth, or anything of the same half, by force of the said grant; but that all the said people of the same city, and each of them, shall be completely quit and discharged of the payment of the same half fifteenth and tenth, and of every part of it, towards you, our sovereign lord, and your heirs; the said fifteenth and tenth, save for the previous exceptions, to be levied and paid in the accustomed manner and form to you, our sovereign lord, in the form which follows. That is to say, the fourth part of it, save for the previous exceptions, at Easter next [28 March 1434]; another fourth part of it, save for the previous exceptions, at Martinmas next following [11 November 1434]; the third fourth part of it, save for the previous exceptions, at Easter next following [17 April 1435]; and the rest of the fifteenth and tenth, save for the previous exceptions, that is to say, the last fourth part of it, at Martinmas next following [11 November 1435]: and the said half tenth payable by the said city of Lincoln to be levied and paid at the aforesaid feasts by equal parts. (fn. iv-419-113-1)
Concessio subsidii. The grant of the subsidy.
21. Declaravit insuper idem prelocutor nomine communium predictorum qualiter ipsi, de assensu dominorum spiritualium et temporalium predictorum, concesserunt prefato domino regi certa subsidia tam de indigenis, quam de alienigenis, sub certa forma in quadam alia indentura inde confecta et eidem domino regi ibidem similiter exhibita contenta levanda; cujus etiam indenture tenor sequitur in hec verba: 21. The same speaker further declared in the name of the aforesaid commons how they themselves, with the assent of the aforesaid lords spiritual and temporal, had granted to the aforesaid lord king a certain subsidy to be levied both on denizens and aliens, under a certain form contained in another indenture made thereupon and similarly presented to the same lord king; the tenor of which indenture also follows in these words:
To the worship of God, we your pouere communes, be your high commaundement comen to this your present parlement, for the shires, citees and burghes of this your noble roialme, by the assent of all the lordes espirituell and temporell, be youre auctorite roiale in this your saide parlement assembled, grauntid be this present indenture to youe oure soveraigne lorde, for the defence of this your saide roialme, a subsidie to be payed in forme that folweth. That is to saye, of alle maner wollencloth of any marchaunt deynsynne passyng oute of this saide roialme be wey of marchaundye in any galee or carrek fro the fest of the Conception of Oure Lady nowe next comyng, unto the fest of Seint Hillary thanne next folwyng, of the value of .xx. s., .xij. d. And also of all maner wollenclothe, of any marchaunt deynsynne, passyng oute of this saide roialme be weye of marchauntdye, fro the saide fest of Seint Hillary, onto the fest of Seint Martyn in wynter thanne next folwyng, of the value of .xx. s., .xij. d. And of every tonne of wyne, of every marchaunt deynsynne and aliene, comyng in to this saide roialme be weye of marchandye, fro the saide fest of Seint Martyn, be .ij. yere thanne next folwyng, .iij. s. And of every maner of marchandies, of any marchant deynsynne, passyng oute of this saide roialme, [col. b] or comyng in to this saide roialme be weye of marchandye, fro the saide feste of Seint Martyne, be .ij. yere thanne next folwyng, of the value of .xx. s., .xij. d.; wolle, wollefell and hides, goyng oute of this saide roialme, whete, rye, floure of the same, all maner of freisshfissh and wyne, comyng into the same roialme, oute of this graunte of .xij. d. except. And overe that, we your saide communes graunte to yowe oure saide soveraigne lorde be the auctorite aforsaide a subsidie to be paied in maner and forme that folweth. That is to saye, of every tonne of swete wyne, of every marchant aliene, comyng in to this saide roialme be weye of marchandye fro the fest of Seint Martyn next comyng, be .iij. yere thanne next folowyng, .iij. s. overe the saide .iij. s. afore graunted. And also of every maner marchandie, of any of the saide marchauntz aliens, passyng oute of the saide roialme, or comyng into this same roialme be weye of marchandye, duryng the saide tyme of .iij. yeer, of the value of .xx. s., .xij. d. And also we your saide communes, graunte to yowe oure saide soveraigne lorde be the auctorite aforsaide, a subsidie to be paied in maner and forme that folweth. That is to saye, of every sakke wolle and wollefelle of every marchant aliene passyng oute of this saide roialme be wey of marchandye fro the fest of Seint Martyn in wynter next comyng be .iij. yere thanne next folwyng, .liij. s. iiij. d., in maner and forme as it hath be paied and rered afore tyme. And if any marchandise of any marchaunt deynsynne, oute of this saide roialme passyng, wherof the saide subsidie is paied or agreed, or suyerte therof made, be perisshed or lost be infortune of the see, or take with enmyes, withoute covyne or fraude, and that founden or pruved before the tresorer of Inglond, or afore the chief baron of the eschequyer for the tyme beyng, be resonable pruves of the saide marchauntez so lost or perisshed; that thanne the saide marchantz deynsynnes, auners of the saide marchandises so perisshed or lost, whenne hem liketh, mowe shippe as moche marchandie in value, be force and vertue of the saide auctorite, in the same port in the whiche the same marchandizes were shipped ynne, as was so perisshed or taken, withoute any subsidie thereof to bee hadde. (fn. iv-419-118-1) For the honour of God, we your poor commons who have come to this your present parliament by the command of your highness on behalf of the counties, cities and boroughs of this your noble realm, by the assent of all the lords spiritual and temporal assembled by your royal authority in this your said parliament, by this present indenture grant to you, our sovereign lord, for the defence of this your said realm, a subsidy to be paid in the form which follows. That is to say, on all kinds of woollen cloth of any denizen merchant with a value of 20 s . exported from this said realm as merchandise in any galley or carrack from the next feast of the Conception of Our Lady [8 December 1433] until the next feast of St Hilary then following [13 January 1434], 12 d . And also on all kinds of woollen cloth of any denizen merchant with a value of 20 s . exported from this said realm as merchandise from the said feast of St Hilary until Martinmas next following [11 November 1434], 12 d . And on every tun of wine of every denizen and alien merchant imported to this said realm as merchandise from the said Martinmas for two years then next following, 3 s . And on every kind of merchandise of any denizen merchant with a value of 20 s . exported from this said realm [col. b] or imported to this said realm as merchandise from the said Martinmas for two years then next following, 12 d .; excepting wool, woolfells and hides exported from this said realm, wheat, rye, flour of the same, all kinds of fresh fish, and wine imported to the same realm from this grant of 12 d . And in addition, we your said commons grant to you, our said sovereign lord, by the aforesaid authority, a subsidy to be paid in the manner and form which follows. That is to say, on every tun of sweet wine of every merchant alien imported to this said realm as merchandise from Martinmas next [11 November 1434] for the next three years following, 3 s . in addition to the said 3 s . previously granted. And also on every kind of merchandise of any of the said alien merchants with a value of 20 s . exported from the said realm or imported to this same realm as merchandise during the said three year period, 12 d . And we your said commons also grant to you our said sovereign lord by the aforesaid authority a subsidy to be paid in manner and form which follows. That is to say, on every sack of wool and woolfells of every alien merchant exported from this said realm as merchandise from Martinmas next for the next following three years, 53 s . 4 d ., in the manner and form as it has been paid and levied in the past. And if any merchandise of any denizen merchant exported from this said realm on which the said subsidy is paid or agreed, or guarantee made for this, shall be perished or lost by misfortune at sea, or seized by enemies, without collusion and fraud, and this is established and proved before the treasurer of England, or before the chief baron of the exchequer at the time, by sufficient proof of the said merchandise thus lost or perished, that then the said denizen merchants, the owners of the said merchandise thus perished or lost, may ship, when they wish, as much merchandise in value, by force and virtue of the said authority, from the same port from which the said merchandise thus perished, lost or seized was shipped without paying any subsidy thereon. (fn. iv-419-118-1)
Securitas pro creditoribus regis. The guarantees for the king's creditors.
22. Item, nostre seignur le roi, par advis et assent des seignurs espirituelx et temporelx et la commune du roialme en cest present parlement assemblez ad graunte et ordine qe les seignurs de son counseill, et de ses heirs et successours pur le temps esteantz, eient plein poair par auctorite du dit parlement, de faire a toutz iceux qe ount fait ou ferront ascuns creaunces au roi, pur defense de son roialme, de la summe de cent .m. marcz ou dedeins, par entre cy et le proschein parlement; et auxi a toutz ceux, et chescun de eux, qe par lour obligations sount obligez pur ascuns creaunces faitz au roi par devaunt, tauntz et si bones seurtees de par le roi, sibien des custumes, subsidies, et toutz autres profitz, commoditees et revenues, queux soient du roi, ses heirs ou successours du roialme d'Engleterre; et auxi de lour joialx, biens moebles, et des biens, joialx et chateux de la corone, pur repaiement ou agreement de lour prestes, creaunces et obligations, come semblera a les creditours et obligez suisditz, lours executours et assignez agreables, bones et sufficeantz, par advis sibien del counseill des ditz creditours et obligez, come des sergeantz et attournes du roi, et autres du lour counseill, come semblera availlable pur eux, les queux < lez ditz > creditours et obligez a ceo voillent nomer, ou lours executours ou assignes; les queux sergeantz et attournes du roy, il voet et comaunde d'estre del counseill des ditz creditours et obligez en ceo cas, a tout temps covenable, pur les repaiementz des creaunces, prestes et obligations suisditz, come des grauntes faitz ou affaires en mesme cest parlement: salvant, qe toutz maners des grauntes et assignementz, devaunt ces hoeures a qeconqe persone faitz, grauntez ou assignez, soient vaillables et effectuelx, et estoisent en lour force, ceste ordinaunce nient obstant. Et qe les creditours et obligez suisditz, lours executours et assignes, eient et enjoient les paiementz et summes des deniers, des ditz grauntes, custumes, subsidies, profitz, commoditees, revenues, joialx, biens et chateux, as ditz creditours et obligez, et a [chescun d'eux, et lours executours ou] assignes, par les suisditz seignurs du counseill, en la dite forme a grauntiers, paiers, levers, assigners et deliverers, solonc la forme de mesmes les grauntes, paiementz, liverees, assignementz et deliverances, saunz estre empeschez, molestez ou grevez par le roi, ses heirs, successours ou executours, ou autre persone qeconqe: salvant, qe toutz maners des grauntes et [p. iv-427][col. a] assignementz, devaunt ces hoeures a qeconqe persone faitz, grauntez ou assignez, soient vaillables et effectuelx, et estoisent en lour force, ceste ordinaunce nient obstant. Et le chaunceller d'Engleterre pur le temps esteant, ferra as ditz creditours et obligez, et a chescun d'eux, lours executours, assignees ou deputees, tauntz et tielx lettres patentz et briefs desoubz le graunde seal du roi, et de ses heirs et successours, saunz fee ou fin pur icell appaier; et en tiel fourme des biens le roi, custumes, subsidies, et toutz autres profitz, commoditees et revenues, et autres biens le roi come desuls est dit; salvant, qe toutz maners des grauntes et assignementz, devaunt ces hoeures a qeconqe persone faitz, grauntez ou assignez, soient vaillables et effectuelx, et estoisent en lour force, ceste ordinaunce nient obstant, pur la seurtee de la repaiement et agreement des ditz creditours et obligez, lours executours, assignees et deputees, come semblera a mesmes les creditours et obligez, lours executours, assignees et deputees necessaries et sufficeantz, par advis del counseill suisdit, et ceo par auctorite de cest present parlement. Et qe toutz persones del counseill du roi, le tresorer d'Engleterre q'or est, et qi pur le temps serra, custumers, et chescun autre officer du roi, et autre persone du roialme qeconqe, qe par l'advis del counseill du roi, delivera les joialx, biens et chateux, ou paiera ascuns summes des deniers avauntditz, as ditz creditours et obligez, lours executours ou assignees, pur la seurtee, satisfaction ou paiement des dites obligations, ou des summes par eux ensi creauncez ou a creauncers en la fourme avauntdite, par auctorite de cest parlement, soient ent quitez et dischargez envers nostre seignur le roi, ses heirs et successours, et lours executours pur toutz jours, saunz ceo q'ils ou ascun d'eux, soit ou soient en celle partie ascunement molestez, grevez ou empeschez, de par le roi, ses heirs ou successours, ou lours executours ou autres qeconqes, come devaunt est dit. Purveu toutz foitz, qe null des lieges nostre seignur le roi, par force de ceste ordinaunce, ne soit artee ne compelle countre son gree, de faire prest, chevesaunce, obligation, ne autre seurtee qeconqe, au roi, ou a qeconqe autre persone, pur la chevesaunce del summe avauntdite, ne de ascun parcell de ceux. (fn. iv-419-121-1) 22. Also our lord the king, by the advice and assent of the lords spiritual and temporal and the commons of the realm assembled in this present parliament, has granted and ordained that the lords of his council, and of his heirs and successors, at the time, should have full power by the authority of the said parliament to issue to all those who have given or will give any loan to the king for the defence of his realm of the sum of 100,000 marks or less, between now and the next parliament; and also that to all those, and to each of them, who by their obligations are obliged for any loans made to the king in the past, as many and such good guarantees on behalf of the king, both from the customs, subsidies and all other profits, commodities and revenues which pertain to the king, his heirs or successors of the realm of England; and also from their jewels, goods, moveable goods, and from the goods, jewels and chattels of the crown, for the repayment or acknowledgement of their credits, loans and obligations, as will seem adequate, good and sufficient to the aforesaid creditors and obligors, their executors and assigns, by the advice both of the counsel of the said creditors and obligors and of the king's serjeants and attorneys and others of the council as will seem sufficient to them, whom the said creditors and obligors, or their executors or assigns may wish to name for this; which serjeants and attorneys of the king he wills and commands to advise the said creditors and obligors in this matter at all suitable times for the repayment of the aforesaid credits, loans and obligations whether from the grants made or to be made in this same parliament: saving that all kinds of grants and assignments made, granted or assigned to any person in the past will be valid and effective and be enforced, notwithstanding this ordinance. And that the aforesaid creditors and obligors, their executors and assigns, shall have and enjoy the payments and sums of money from the said grants, customs, subsidies, profits, commodities, revenues, jewels, goods and chattels, to be granted, paid, levied, assigned and delivered to the said creditors and obligors, and to each of them, and their executors or assigns, by the aforesaid lords of the council in the said form, according to the terms of the same grants, payments, liveries, assignments and deliveries, without being prevented, molested or harmed by the king, his heirs, successors or executors, or any other person whatsoever: saving, that all kinds of grants and [p. iv-427][col. a] assignments made, granted or assigned to any person in the past shall be valid and effective and be enforced, notwithstanding this ordinance. And that the chancellor of England at the time will issue to the said creditors and obligors, and to each of them, their executors, assigns or deputies, as many and such letters patent and writs under the king's great seal, and that of his heirs and successors, without fee or fine being paid for this; and in such terms from the goods of the king, the customs, subsidies and all other profits, commodities and revenues, and the other goods of the king as is said above; saving that all kinds of grants and assignments made, granted or assigned to any person in the past, shall be valid and effective and be enforced, notwithstanding this ordinance for the guarantee of the repayment and acknowledgement of the said creditors and obligors, their executors, assigns and deputies, as will seem necessary and sufficient to the same creditors and obligors, their executors, assigns and deputies, by the advice of the aforesaid council, and this by the authority of this present parliament. And that all persons on the king's council, the present treasurer of England and any treasurer to come, customs officers, and every other officer of the king and any other person of the realm whomsoever who, by the advice of the king's council, will hand over the aforesaid jewels, goods and chattels, or pay any sums of money to the said creditors and obligors, their executors or assigns, for the guarantee, satisfaction or payment of the said obligations or of the sums thus loaned or to be loaned by them in the aforesaid terms by the authority of this parliament, will be quit and discharged towards our lord the king, his heirs and successors, and their executors forever,on such terms that they, or any of them, will not be molested, harmed or prevented in this regard, in any way, on behalf of the king, his heirs or successors, or their executors, or anyone else whomsoever, as is said above. Provided always that none of our lord the king's lieges will be forced or compelled against his will, by virtue of this ordinance, to make a prest, loan, obligation, or any other guarantee to the king, or to any other person, for the levy of the aforesaid sum, or for any part of it. (fn. iv-419-121-1)
[memb. 13] Two schedules are stitched to the dorse here where mb 13 and 14 are joined. Both have been copied verbatim onto the parliament roll (no. 23). Schedule 1 consists of 1 membrane and begins 'Metuendissimo domino nostro regi', and ends with, 'intuitu caritatis'. Schedule two consists of 4 membranes: m.1 begins 'Cum venerabilis pater Thomas',; m.2 'Et predictus Willelmus'; m.3 'faceret voluntatem suam'; m.4 'Item, dicit quod' and ends with 'in premissis'.
Pro Thoma episcopo Dunelm'. On behalf of Thomas, bishop of Durham.
23. Memorandum quod venerabilis pater Thomas episcopus Dunelm' exhibuit domino nostro regi in presenti parliamento, quandam petitionem suam, cum tenore cujusdam commissionis nostre eidem petitioni annexe presenti rotulo consutam; cujus tenor sequitur in hec verba: 23. Be it remembered that the venerable father Thomas, bishop of Durham, presented his petition to our lord the king in the present parliament with the tenor of our commission attached to the same petition sewn to the present roll; the tenor of which follows in these words:
Metuendissimo domino nostro regi, supplicat humillime vester devotus capellanus et orator continuus Thomas episcopus Dunelmen'; quod cum ita sit quod ipse, et omnes predecessores sui episcopi Dunelm', a tempore quo non extat memoria, tam ante conquestum Anglie, quam citra, habuerint et habere consueverint in comitatu et libertate Dunelm', in omnibus locis infra dictos comitatum et libertatem, inter aquas de Tyne et Tese, et per medietates earumdem aquarum, versus eosdem comitatum et libertatem, ac in castro, villa et dominio de Norham, et in manerio de Bedelyngton', cum suis pertinentiis, ultra predictam aquam de Tyne, versus boriam, libertatem comitatus palatini, ac diversa libertates, franchesias, privilegia et immunitates; necnon cancellariam, scaccarium et curiam suam, tam de placitis corone, quam placitis terre, et omnibus aliis placitis ac assisis, certificationibus et juratis quibuscumque; et omnes officiaros, videlicet cancellarium, justiciarium, vicecomitem, coronarium, escaetorium et alios ministros, tam tales sicut vestri nobiles progenitores, per totum tempus predictum, alibi in regno Anglie habere consueverunt, quam quales iidem reges, secundum exigentiam casuum in regno emergentium, et pro executionibus statutorum in parliamentis Anglie infra dictum tempus editorum, deputaverunt [col. b] et fecerunt; brevia sua originalia et judicialia, ac communia; necnon monetarium suum apud Dunelm'; ac quibuscumque utlagatis infra predictos comitatum et libertatem Dunelm', castrum, villam et dominium de Norham, ac manerium de Bedelyngton', cum suis pertinentiis, in eadem comitatum et libertatem, castrum, villam et manerium revenientibus, litteras suas de firma pace sua eis concessa fecerunt, in jure ecclesie sue Sancti Cuthberti Dunelm', secundum vim et effectum libertatum, privilegiorum, franchesiarum et immunitatum, per diversos nobiles et Deo devotos progenitores vestros quondam reges Anglie, regi Deo immortali, et ecclesie Dunelm', et Beato Cuthberto, et episcopis ibidem, per verba temporibus illis legi consona separatim concessorum, datorum et concessorum, in comitatu, locis, castro, villa, dominio et manerio predictis, cum suis pertinentiis, ac usum et consuetudines in eisdem per tempus predictum habitos, optentos et observatos. Et cum coram Hugone de Cressyngham et sociss suis, nuper justiciariis vestri nobilis progenitoris domini Edwardi quondam regis Anglie post conquestum primi, itinerantibus in comitatu Northumbr', in sessione sua tenta apud Novum Castrum super Tynam, in crastino Sancti Hillarii, anno regni sui vicesimo primo; presentatum fuisset, quod Dunelm', Sadberg' et Bedelyngton', fuerunt infra procinctum comitatus Northumbr' citra Coket; et etiam quod libertas de Norham, fuit infra procinctum ejusdem comitatus ultra Coket; et quod tunc episcopus Dunelm', in locis predictis habuit suum cancellarium, et per sua brevia, et suos proprios justiciarios tenuit omnimoda placita, tam corone, quam alia; et quod habuit suos coronatores; et quod habuit suum monetarium apud Dunelm'; et quod posuit homines in exigendis in omnibus locis supradictis, et ipsos exigi fecit de sex septimanis in sex septimanas, quousque utlagati fuerint, si non comparuerint; et si utlagati fuerint et revenerint, idem tunc episcopus ad suam voluntatem ipsis concessit suam pacem. Et quod habuit plures alias franchesias et libertates regales in locis supradictis, ut in recordo itineris eorumdem nuper justiciariorum plenarie continetur. Et pro eo quod idem tunc episcopus, nec per ipsum, nec per ministros suos, clamavit franchesias et libertates supradictas, coram eisdem nuper justiciariis itinerantibus, adtunc ibidem consideratum fuisset, et per eosdem nuper justiciarios itinerantes, quod eedem franchesie et libertates coram eis presentate, caperentur in manum predicti domini Edwardi nuper regis primi. Idemque nuper rex, recordum et processum inde factos, ad instantiam Antonii tunc episcopi Dunelm', per breve suum predictis Hugoni de Cressyngham et sociis suis directum, venire fecisset coram ipso domino rege, et consilio suo in parliamento suo tento London', in manerio archiepiscopi Ebor', in quindena Sancti Michaelis, anno regni sui vicesimo primo; ibidemque eisdem recordo et processu, cum bona deliberatione auditis et intellectis, idem nuper rex, et consilium suum in eodem parliamento, eo quod dicta loca in eisdem recordo et processu specificata, non fuerunt infra ballivam vicecomitis Northumbr' set extra eandem; et quod in eisdem locis idem tunc episcopus habuit suum proprium vicecomitem; consideraverunt quod predictum judicium coram prefatis justiciariis itinerantibus redditum, revocaretur et adnullaretur: et quod omnes libertates ipsius tunc episcopi, et ecclesie sue predicte, que per predictum judicium dictorum justiciorum itinerantium, in manu ipsius nuper regis seisite fuerunt, eidem tunc episcopo integre restituerentur. Habendum et tenendum sibi et ecclesie sue sicut ipse et predecessores sui episcopi Dunelm' eas tenuerunt ante captionem predictam. Et postea dominus Ricardus nuper rex Anglie secundus post conquestum, per litteras suas patentes, sexto decimo die Decembris, anno regni sui septimo, inter alia concesserit, ratificaverit et confirmaverit, cuidam Johanni tunc episcopo Dunelm', predecessori ipsius nunc episcopi, et [p. iv-428][col. a] successoribus suis, et ecclesie sue predicte, dominium et libertatem comitatus palatini, et omnia alia dominia, libertates, jura, proficua, placita, jurisdictiones et prerogativas regalia, in omnibus patriis, procinctubus et locis supradictis, per nomina contenta in litteris illis, et in quolibet eorumdem, et cujuslibet eorum pertinenciis, de quibus idem tunc episcopus, aut aliquis predecessorum suorum fuit possessionatus, aut quibus usus fuit et gavisus, tempore alicujus progenitorum ipsius nuper regis. Ac subsequenter, idem dominus Ricardus nuper rex, in parliamento suo tento apud Westm', die Veneris in crastino animarum anno regni sui quintodecimo, recitans easdem litteras suas, et alias litteras nobilis progenitoris vestri Henrici secundi, et plures alias litteras patentes nobilium progenitorum vestrorum, ex certa scientia sua, et de assensu prelatorum, procerum et magnatum in eodem parliamento existentium, et de deliberatione, avisamento et consensu totius consilii sui, in eodem parliamento suo, Waltero adtunc episcopo Dunelm', et successoribus suis, omnia et singula donationes, concessiones, confirmationes, revocationem, mandata, precepta, voluntates et declarationes, et omnes alias res, in omnibus antedictis litteris et cartis contenta, concesserit, ac ea acceptaverit, approbaverit, ratificaverit et confirmaverit, cum clausula licet. Et post hec omnia, et illis omnibus non obstantibus, duodecimo die Februarii, anno regni vestri undecimo, quedam commissio vestra, a cancellaria vestra directa fuerit Henrico comiti Northumbr', Radulpho comiti Westmerl', Thome de Dacre, Roberto Umfravill, Radulpho Gray, Willelmo Tempest, Laurentio Acton', Johanni Cartyngton', Roberto Whelphyngton', Johanni Horsley, et Hugoni Salkeld, decem, novem, octo, septem, sex, quinque, quatuor, tribus, et duobus eorum, quorum alter predictorum Laurentii et Johannis Horsley unus esset, ad inquirendum per sacramentum proborum et legalium hominum, de comitatibus Northumbr', Cumbr' et Westmerl', tam infra libertates quam extra, de diversis articulis in eadem commissione contentis; cujus copia huic supplicationi est consuta: colore cujus commissionis, predicti comes Northumbr', Willelmus Tempest, Johannes Cartyngton' et Johannes Horsley, ad instantiam et procurationem quorumdam indigne ferentium ipsum nunc episcopum, et ecclesiam suam predictam, tanta regalitate dotatos esse, aut se ipsius episcopi subdi regimini, vel saltem machinantium eandem ecclesiam, de dictis suis libertatibus, privilegiis, franchesiis et immunitatibus, superveniente jam et ingruente ipsius episcopi senio, exheredare; pretendentes et supponentes villam de Hertilpole, que est inter dictas aquas de Tyne et Tese, infra dictam libertatem ipsius episcopi, et extra dictos comitatus Northumbr', Cumbr', Westmerl', esse in comitatu Northumbr'; die Mercurii proximo ante Dominicam in Ramis Palmarum, anno regni vestri undecimo, accesserint ad predictam villam de Hertilpole, et quandam inquisitionem coram eis ibidem ceperint, et per inquisitionem illam, et similiter per quandam aliam inquisitionem, colore ejusdem commissionis, in castro vestro apud Novum Castrum super Tynam, in dicto comitatu Northumbr', die Lune proximo ante Dominicam supradictam, coram prefatis Radulpho Gray, et Laurentio Acton', et sociis suis captam, presentati fuerint, diverse materie, articuli, mesprisiones, usurpationes, offense, et alie res que per inquisitiones illas supponuntur fieri et perpetrari, in diversis locis in eisdem inquisitionibus specificatis, ubi notorium, publicum et manifestum est, quod omnia eadem loca sunt infra dictos comitaum et libertatem ipsius episcopi, inter predictas aquas de Tyne et Tese, extra dictum comitatum Northumbr'. Que quidem presentationes, coram vobis in cancellariam vestram, virtute brevium vestrorum de certiorari, per predictos Johannem Cartyngton', et Johannem Horsley misse sunt, et ibidem resident; cum tamen [col. b] breve regium in predictis comitatu et libertate Dunelm', seu in predictis castro, villa, dominio de Norham, seu manerio de Bedlyngton', cum suis pertinentiis, non currit, nec unquam currebat, nec aliquis minister regius se in eisdem aliqualiter intromettere debuit aut debeat, ejusdem ecclesie sede plena; et sic inquisitiones predicte capte fuerunt absque waranto et auctoritate legitima, in enervationem et perpetuam destructionem libertatum, privilegiorum, franchesiarum et immunitatum predictorum, ac manifestam exheredationem ipsius nunc episcopi, et ecclesie sue predicte, nisi de vestre celsitudinis gratia, eidem episcopo et ecclesie sue predicte, de remedio provideatur oportuno. To our most dread lord the king, your devoted chaplain and constant petitioner Thomas, bishop of Durham, humbly beseeches: whereas it is thus that he himself and all his predecessors bishops of Durham from time immemorial, both before and since the conquest of England, have had and have been accustomed to have the liberty of a county palatine in the county and liberty of Durham, in all places within the said county and liberty between the rivers Tyne and Tees and to the midstream of the same rivers on the side of the same county and liberty, and in the castle, town and lordship of Norham and in the manor of Bedlington, with their appurtenances, beyond the aforesaid river Tyne to the north, and various liberties, franchises, privileges and immunities; and also their chancery, exchequer and court both for crown pleas and land pleas, and all other pleas and assizes, certifications and juries whatsoever; and they have appointed and assigned all officers, namely a chancellor, justice, sheriff, coroner, escheator, and other officials, as your noble progenitors and such as the same kings have been accustomed to have elsewhere in the realm of England for all the aforesaid time, as these kings have delegated and carried out according to the exigencies arising in the realm, and towards the execution of statutes published in the parliaments of England in the said time; [col. b] their original, judicial and common writs; and also their mint at Durham; and for all outlaws within the aforesaid county and liberty of Durham, the castle, town and lordship of Norham and the manor of Bedlington, with their appurtenances, arising out of the same county and liberty, castle, town and manor, they made their letters of pardon granted to them by right of their church of St Cuthbert of Durham, according to the force and effect of the liberty, prvileges, franchises and immunities lawfully granted separately by several of your noble progenitors devoted to God late kings of England by appropriate words at that time for the law, given and granted by immortal God to the king, the church of Durham, St Cuthbert and the bishops there in the aforesaid county, places, castle, town, lordship and manor, with their appurtenances, and the use and custom which they had held, obtained and observed in the same for the aforesaid time. And whereas before Hugh de Cressingham and his associates, late justices itinerant of your noble progenitor Lord Edward the first late king of England since the conquest, in Northumberland, in their session held at Newcastle upon Tyne the day after St Hilary in the twenty-first year of his reign [14 January 1293], it had been presented that Durham, Sedbergh and Bedlington were within the boundary of Northumberland this side of the river Coquet; and also that the liberty of Norham was within the boundary of the same county beyond the river Coquet; and that the then bishop of Durham had his chancellor in the aforesaid places and he held all kinds of pleas, both crown and others, by his writs and his own justices; and that he had his coroners; and that he had his mint at Durham; and that he put men in exigent in all the abovesaid places, and he ordered them to be summoned for six weeks in six weeks, outlawing them if they did not appear; and if they were outlawed and returned, then the same bishop granted his peace to them at his will. And that he had many other royal franchises and liberties in the abovesaid places, as is more fully contained in the record of the eyre of the same late justices. And because the same then bishop had not claimed the abovesaid franchises and liberties before the same late justices itinerant by himself nor by his officials, it was then adjudged there and by the same late justices itinerant that the same franchises and liberties presented before them should be taken into the hands of the aforesaid late lord King Edward the first. And the same late king, at the request of Anthony, then bishop of Durham, by his writ directed to the aforesaid Hugh de Cressingham and his associates, caused the record and process made thereupon to come before the lord king himself and his council in his parliament held at London in the manor of the archbishop of York on the quinzaine of Michaelmas in the twenty-first year of his reign; and with the same record and process having been heard and understood there with a full discussion thereupon, the same late king and his council adjudged in the same parliament that the aforesaid judgment rendered before the aforesaid justices should be revoked and anulled because the said places were not specified in the same record and process as being within the bailiwick of the sheriff of Northumberland, but outside the same, and that in the same places the same then bishop had his own sheriff; and that all the liberties of the same then bishop and of his aforesaid church which were seized into the hands of the same late king by the aforesaid judgment of the said justices itinerant should be returned in their entirety to the same then bishop. To have and to hold to him and his church as he himself and his predecessors bishops of Durham had held them before the aforesaid seizure. And afterwards lord Richard the second late king of England since the conquest, by his letters patent on 16 December in the seventh year of his reign [1383], among other things granted, ratified and confirmed to John, then bishop of Durham, the predecessor of the same present bishop, and [p. iv-428][col. a] to his successors and his aforesaid church, the lordship and liberty of a county palatine and all other royal lordships, liberties, rights, profits, pleas, jurisdictions and prerogatives in all the abovesaid regions, boundaries and places by the names contained in those letters, and in all of them, and in the appurtenances of all of them, of which the same then bishop, or others of his predecessors, was possessor, or which he used and enjoyed in the time of any of the progenitors of the late king himself. And subsequently, the same late lord King Richard in his parliament held at Westminster on Friday the day after All Souls in the fifteenth year of his reign, reciting his same letters and other letters of your noble progenitor Henry the second, and many other letters patent of your noble progenitors, from his own certain knowledge and with the assent of the prelates, nobles and lords assembled in the same parliament, and with the deliberation, advice and consent of all of his council in his same parliament, granted to Walter then bishop of Durham and to his successors each and every one of the gifts, grants, confirmations, revocation, mandates, precepts, wills and declarations and all the other things contained in all the aforesaid letters and charters, and accepted, approved, ratified and confirmed them with clause licet. And after this, notwithstanding all these things, on 12 February in the eleventh year of your reign [1433] your commission was directed from your chancery to Henry, earl of Northumberland, Ralph, earl of Westmorland, Thomas de Dacre, Robert Umfraville, Ralph Gray, William Tempest, Laurence Acton, John Cartington, Robert Whelphington, John Horsley and Hugh Salkeld, ten, nine, eight, seven, six, five, four, three and two of them, the other of whom the aforesaid Laurence and John Horsley should be one, to inquire by the oaths of good and law-worthy men of the counties of Northumberland, Cumberland and Westmorland, both within and outside the liberties, concerning various articles contained in the same commission; a copy of which is attached to this petition: by pretext of which commission the aforesaid earl of Northumberland, William Tempest, John Cartington and John Horsley, at the request and instigation of certain unworthy supporters, plotted to disinherit the same present bishop and his aforesaid church, endowed with so much dignity, or they themselves from being subject to the authority of the bishop himself, or at least the same church, of their said liberties, privileges, franchises and immunities, by assailing and attacking the frailty of the present bishop himself; claiming and supposing the town of Hartlepool, which lies between the said rivers Tyne and Tees within the said liberty of the bishop himself and outside the said counties of Northumberland, Cumberland, Westmorland, to be in the county of Northumberland; on Wednesday before Palm Sunday in the eleventh year of your reign they came to the aforesaid town of Hartlepool and held an inquest before them there, and by that inquest, and similarly by another inquest held by pretext of the same commission in your castle at Newcastle upon Tyne in the said county of Northumberland on Monday before the abovesaid Sunday before the aforesaid Ralph Gray and Laurence Acton and their associates, they presented various material, articles, concealments, usurpations, offences and other things which they, by those inquests, supposed to have been done and perpetrated in several places specified in the same inquests, when it is public and open knowledge that all the same places are within the said county and the liberty of the bishop himself between the aforesaid rivers Tyne and Tees, outside the said county of Northumberland. Which presentments are placed before you in your chancery by virtue of your writ certiorari by the aforesaid John Cartington and John Horsley, and remain there; nevertheless, since [col. b] a royal writ is not valid in the aforesaid county and liberty of Durham, or in the aforesaid castle, town, lordship of Norham, or the manor of Bedlington, with their appurtenances, nor valid at any time, nor can or should any royal official himself be sent into the same in any way when the see of the same church is occupied; and so the aforesaid inquests were held without a warrant and lawful authority, to the weakening and perpetual destruction of the aforesaid liberty, privileges, franchises and immunities, and the manifest disinheritance of the present bishop himself and of his aforesaid church unless a suitable remedy is provided for the same bishop and his aforesaid church from the grace of your highness.
Placeat regie vestre majestati, consideratis premissis, concedere, decernere et ordinare, auctoritate presentis parliamenti, quod inquisitiones et presentationes predicte, colore dicte commissionis vestre capte et facte, cassentur et adnichilentur, ac extra dictam cancellariam vestram retrahantur et cancellentur; et quod predictus episcopus, et successores sui, inde et ab omni molestia et impetitione que inde sequi poterunt, sint quieti et exonerati imperpetuum. Salvis semper vobis, heredibus et successoribus vestris, ac omnibus et singulis ligeis vestris, et eorum cuilibet, omnimodis occasionibus, juribus, actionibus, libertatibus, franchesiis, clameis, possessionibus, titulis, avantagiis et interesse vestris, et suis quibuscumqe, que vos, vel ipsi ligei vestri, vel eorum aliquis, dictis die Lune vel Mercurii, ante captiones inquisitionum predictarum habuistis, vel ipsi ligei vestri habuerunt, eisdem modo et forma, sicut ea eisdem diebus ante captiones dictarum inquisitionum habuistis sive habuerunt, ob reverentiam Dei, Sancti Cuthberti, et ecclesie sue predicte, et intuitu caritatis. May it please your royal majesty, having considered the foregoing, to grant, decree and ordain by the authority of the present parliament that the aforesaid inquests and presentments, held and made by pretext of your said commission, be quashed, annulled, cancelled and withdrawn from your said chancery; and that the aforesaid bishop and his successors shall be quit and discharged forever thereupon and from all molestation and prevention which might follow thereupon. Saving always to you, your heirs and successors, and to each and every one of your leiges, and to any of them, all of your and their causes, rights, actions, liberties, franchises, claims, possessions, titles, advantages and interest whatsoever, which you had or your lieges themselves, or any of them, had on the said Monday or Wednesday before the aforesaid inquests were held in the same manner and form as those on the same days before you or they held the aforesaid inquests, for God, St Cuthbert and his aforesaid church and by way of charity.
Tenor vero commissionis predicte sequitur in hec verba: The tenor of the aforesaid commission accurately follows in these words:
Henricus, Dei gratia, rex Anglie et Francie, et dominus Hibernie, carissimis consanguineis suis Henrico comiti Northumbr', et Radulpho comiti Westmerl'; ac dilectis et fidelibus suis Thome de Dacre, Roberto Umfravill, Radulpho Gray, et Willelmo Tempest; necnon dilectis sibi Laurentio Acton', Johanni Cartyngton', Roberto Whelpyngton', Johanni Horsley, et Hugoni Salkeld', salutem. Sciatis quod cum ut accepimus, diversa warde, maritagia, relevia, escaete et jura nobis, ut de jure corone, infra comitatus Northumbr', Cumbr', Westmerl', mere pertinentia et pertinere debentia, a nobis per quasdam personas comitatibus predictis, a diu est subtracta et concellata fuerunt et adhuc existunt indebite et injuste; nos indempnitati nostre in hac parte prospicere volentes, ut tenemur, assignavimus vos, decem, novem, octo, septem, sex, quinque, quatuor, tres, et duos vestrum, quorum alterum vestrum vos prefati Laurenti et Johannes Horsley unum esse volumus, ad inquirendum, per sacramentum proborum et legalium hominum de quolibet comitatum predictorum, tam infra libertates quam extra, per quos rei veritas melius sciri poterit, tam de omnimodis wardis, maritagiis, releviis, escaetis et juribus quibuscumque, nobis infra aliquem comitatum predictorum qualitercumque debitis et pertinentibus, et a nobis hucusque concelatis et subtractis, et per quos, vel per quem, qualiter et quo modo, et a quo tempore, et cujusmodi warde, maritagia, relevia, escaete et jura illa fuerint, quam de quibuscumque escapiis et evasionibus prisonum, falsitatibus, deceptionibus, concelamentis, mesprisionibus, extorsionibus, usurpationibus, derogationibus, intrusionibus, offensis et negligentiis quibuscumque, infra comitatus predictos, seu aliquem eorum, per quoscumque et qualitercumque factis sive perpetratis, et per quos, vel per quem, quo casu, quando, qualiter et quo modo, ac de aliis articulis et circumstantiis premissis, seu eorum aliquod quomodolibet concernentibus, plenius veritatem. Et [p. iv-429][col. a] ideo vobis mandamus, quod ad certos dies et loca, quos vos, decem, novem, octo, septem, sex, quinque, quatuor, tres, et duo vestrum, quorum alterum vestrum vos prefati Laurenti et Johannes Horsley unum esse volumus, ad hoc provideritis, diligentes super premissis faciant inquisitiones, et eas distincte et aperte factas, nobis in cancellariam nostram factas, sub sigillis vestris, decem, novem, octo, septem, sex, quinque, uatuor, trium, vel duorum vestrum, quorum alterum vestrum vos prefati Laurenti et Johannes Horsley unum esse volumus, et sigillis eorum per quos facte fuerint, sine dilatione mittatis, et hoc breve. Mandavimus enim vicecomitibus nostris comitatuum predictorum, quod ad certos dies et loca, quos vos, decem, novem, octo, septem, sex, quinque, quatuor, tres, et duo vestrum, quorum alterum vestrum vos prefati Laurenti et Johannes Horsley unum esse volumus, eis scire faciant, coram vobis, decem, novem, octo, septem, sex, quinque, quatuor, tribus, et duobus vestrum, quorum alterum vestrum vos prefati Laurenti et Johannes Horsley unum esse volumus, tot et tales probos et legales homines de comitatibus predictis, tam infra libertates quam extra, per quos rei veritas in premissis melius sciri poterit et inquiri. In cujus rei testimonium, has litteras nostras fieri fecimus patentes. Teste me ipso apud Westm', .xij. die Februarii, anno regni nostri undecimo. Henry by the grace of God king of England and France and lord of Ireland to his dearest kinsmen Henry, earl of Northumberland, and Ralph, earl of Westmorland; and his dear and faithful Thomas de Dacre, Robert Umfraville, Ralph Gray and William Tempest; and also his dear Laurence Acton, John Cartington, Robert Whelpington, John Horsley and Hugh Salkeld, greeting. Know that whereas we understand various wardships, marriages, reliefs, escheats and rights which wholly pertain and ought to pertain to us as of crown right within the counties of Northumberland, Cumberland, and Westmorland have been, and still are, unlawfully and unjustly withheld and concealed from us for a long time by certain persons in the aforesaid counties; wishing to protect our indemnity in this regard, as we ought, we assign you, ten, nine, eight, seven, six, five, four, three and two of you, of whom the other of you we will the aforesaid Laurence and John Horsley to be one, to inquire by the oath of good and law-worthy men of any of the aforesaid counties, both within and outside liberties, by whom the truth of the matter can be better known, the full truth both concerning all wardships, marriages, reliefs, escheats and rights whatsoever which are owed and pertain to us in any way soever within any of the aforesaid counties, and concealed and withheld from us till now, and by whom, or by who, how and in what manner, and since when, and whose these wardships, marriages, reliefs, escheats and rights were, and concerning all escapes and evasions of prisoners, forgeries, deceptions, concealments, misdeeds, extortions, usurpations, derogations, intrusions, offences and acts of negligence whatsoever within the aforesaid counties, or any of them, by whomsoever and howsoever done or perpetrated, and by whom, or by who, on what occasion, when, how and in what manner, and concerning all the aforementioned articles and circumstances, or any of them. And [p. iv-429][col. a] we therefore command you that on certain days and at certain places which you, ten, nine, eight, seven, six, five, four, three and two of you, of whom the other of you we will you, the aforesaid Laurence and John Horsley, to be one, will have provided for this, will make diligent inquiries on the foregoing, and these having been clearly and openly made you will send to us in our chancery without delay under the seals of you ten, nine, eight, seven, six, five, four, three or two of you, of whom the other of you we will you, the aforesaid Laurence and John Horsley, to be one, and the seals of those by whom they have been made, and this writ. Indeed we command our sheriffs of the aforesaid counties that on certain days and at certain places which you ten, nine, eight, seven, six, five, four, three, and two of you, of whom the other of you we will you, the aforesaid Laurence and John Horsley, to be one, shall cause them to know, [that they shall cause to come] before you, ten, nine, eight, seven, six, five, four, three, and two of you, of whom the other of you we will you, the aforesaid Laurence and John Horsley, to be one, such and as many good and law-worthy men from the aforesaid counties, both within and outside liberties, by whom the truth of the matter on the foregoing can be better known and inquired. In witness of which matter we have caused these our letters patent to be made. Witnessed by myself at Westminster, 12 February, in the eleventh year of our reign [1433].
Subsequenterque, Willelmus Eure miles, qui tam pro domino rege quam pro se ipso ut asseruit sequebatur, exhibuit in eodem parliamento, quandam aliam petitionem contra prefatum episcopum, presenti rotulo similiter consutam, in hec verba: And subsequently, William Eure, knight, who was prosecuting both on behalf of the lord king and for himself, as it is claimed, presented another petition against the aforesaid bishop in the same parliament, which is similarly attached to the present roll, in these words:
Excellentissimo principi domino regi. Cum venerabilis pater Thomas episcopus Dunolm' vobis per petitionem suam in presenti parliamento exhibitam, monstraverit se, ut in jure ecclesie sue Dunelm', habere in comitatu et libertate Dunelm', et in omnibus locis infra dictos libertatem et comitatum inter aquas de Tyne et Tese, per titulum prescriptionis, comitatum palatinum, ac diversas libertates et franchesias, prout etc. Willelmus Eure miles, qui tam pro vobis quam pro se ipso sequitur in hac parte, dicit quod dominus Ricardus quondam rex Anglie post conquestum primus, vester nobilis progenitor, fuit seisitus in dominico suo ut de feodo, et jure corone sue, de manerio et wapentagio de Sadbreg', quod quidem manerium et wapentagium sunt infra dictas aquas de Tyne et Tese, infra que quidem manerium et wapentagium idem episcopus clamat libertates comitatus palatini ac franchesias predictas. Que quidem manerium et wapentagium, cum pertinentiis, idem Ricardus nuper rex, per litteras suas patentes, quarum datas est apud Gaton, .xviij. die Septembris, anno regni sui primo, infra tempus memorie, dedit et concessit et carta illa confirmavit, Deo et Beato Cuthberto, et ecclesie Dunelm', et Hugoni tunc Dunelm' episcopo, in puram et perpetuam elemosinam, habendum secundum vim, formam et effectum litterarum dicti regis Ricardi predictarum. Et dicit, quod predicto .xviij. die, dictos manerium et wapentagium fuerunt in comitatu Northumbr' et parcelle ejusdem comitatus. Et dicit quod predictus Hugo episcopus, nec aliquis predecessorum suorum episcoporum Dunelm', ante dictum .xviij. diem, nunquam aliquid habuerunt in manerio et wapentagio predictis. Et hoc paratus est verificare, prout etc. Unde bene liquet prefatum nunc episcopum, aut predecessores suos, non habere libertatem comitatus palatini, nec franchesias, ante tempus memorie, prout predictus nunc episcopus, per petitionem suam predictam supponit etc. Item, cum idem episcopus, per petitionem suam predictam supposuerit, quod cum coram Hugone Cressyngham, et sociis suis, nuper justiciariis vestri nobilis progenitoris domini Edwardi quondam regis Anglie primi conquestum primi, itinerantibus in comitatu Northumbr', in sessione sua tenta [col. b] apud Novum Castrum super Tynam, in crastino Sancti Hillari, anno regni sui vicesimo primo, presentatum fuisset, quod Dunelm', Sadberg' et Bedlyngton fuerunt infra procinctum comitatus Northumbr' citra Coket; et etiam quod libertas de Norham fuit infra procinctum ejusdem comitatus ultra Coket; et quod tunc episcopus Dunelm', in locis predictis habuit suum cancellarium, et per sua brevia, et suos proprios justiciarios tenuit omnia placita tam corone quam alia; et quod habuit suos coronatores, et alias diversas libertates in predicta petitione specificat' etc. Et pro eo quod idem tunc episcopus, nec per ipsum, nec per ministros suos, clamavit libertates et franchesias predictas, coram eisdem nuper justiciariis itinerantibus, adtunc ibidem consideratum fuisset per eosdem nuper justiciarios itinerantes, quod eedem franchesie et libertates, coram eis presentate, caperentur in manum predicti domini Edwardi nuper regis. Idemque Edwardus nuper rex recordum et processum inde factum, ad instantiam Antonii tunc episcopi Dunelm', coram ipso nuper rege, et consilio suo, in parliamento suo tento London', in manerio episcopi Ebor' in quindena Sancti Michaelis, anno regni sui vicesimo primo, venire fecit; et pro eo quod dictus nuper episcopus, in assignatione errorum in parte interveniente ut asseruit, allegavit, quod dicta loca in eisdem recordo et processu specificata, non fuerunt infra ballivam vicecomitis Northumbr', set extra eandem; et quod in eisdem locis, predictus tunc episcopus habuit suum proprium vicecomitem quod predictum judicium, coram prefatis justiciariis itinerantibus redditum, revocaretur et adnullaretur etc; predictus Willelmus ad hoc dicit, quod in eodem itinere coram eisdem justiciariis, in sessione sua predicta, presentatum fuit, quod episcopus Dunelm', solebat per ballivos suos, obviare justiciariis itinerantibus in adventu suo infra dictum comitatum Northumbr' apud Chilwell vel apud Faurestanes vel apud Quakenbrigg', vel per quam partium illarum contigerit justiciarios venire, et petere articulos corone etc. Et quod sic fecit Nicholaus de Farlham, quondam episcopus Dunelm', in itinere abbatis de Burgo Sancti Petri tempore domini Henrici nuper regis Anglie a conquestu tertii. Et postea, Walterus de Kyrkham, [memb. 12] quondam episcopus Dunelm', tempore ejusdem domini Henrici nuper regis, in itinere Rogeri de Thurkylby in eodem loco. Et postea, quidam Robertus de Tychehyll, quondam episcopus ejusdem loci, tempore ejusdem domini Henrici nuper regis, in itinere Gilberti de Preston, ibidem separatim miserunt ballivos suos ad petendum articulos corone, et sic separatim petierunt. Et quod sic fecerunt omnes predecessores eorumdem episcoporum, a tempore quo tunc non extat memoria, prout in dictis itineribus, et in omnibus aliis itineribus ante ea in dicto comitatu Northumbr' habitis plenius patet de recordo. Et dicit, quod omnia predicta inter Tyne et Tese, quam Bedlyngtonshire et Norhamshire, adtunc fuerunt in dicto comitatu Northumbr', et parcelle ejusdem comitatus: de quibus quidem materiis, predictus dominus Edwardus nuper rex, in parliamento suo predicto minime informatus fuit, prout in recordo parliamenti predicti plenius liquet: et sic in reddendo judicium predictum, in predicto parliamento, revocando et adnullando recordum predictum, idem dominus Edwardus nuper rex illusus fuit et deceptus, per suggestionem dicti Antonii nuper episcopi minus veracem, ubi nec vos, nec aliquis progenitorum vestrorum, per hujusmodi suggestiones secretas, et minus veraces, in curia vestris, seu progenitorum vestrorum fact', illudi, decipi, aut illud exheredare hactenus de jure non debuistis seu debuit, nec aliqua possessio aut longevi temporis continuatio, nec aliqua res super vos, seu aliquem progenitorum vestrorum perquisita aut purprisa, per hujusmodi suggestiones et concelamenta, in vestri, aut progenitorum vestrorum, cedere non debeat prejudicium, aut corone vestre exheredationem quoquo modo: et precipue cum [p. iv-430][col. a] per judicium in dicto parliamento continetur sic; salvo semper jure domini regis, et heredum suorum, cum inde loqui voluerint. Et predictus Willelmus similiter dicit, quod Lodowicus nuper episcopus Dunelm', predecessor nunc episcopi, per petitionem suam coram Edwardo nuper rege Anglie tertio, nobili progenitore vestro, in consilio suo, in parliamento tento apud Westm', quintodecimo die Februarii, anno regni sui primo etc. exhibitam monstrasset, quod cum ipse habuisset et habere debuisset, ipseque et omnes predecessores sui, quondam episcopi loci predicti, semper hactenus, a tempore cujus contrarii memoria non existit, habuerunt jura regalia inter aquas de Tyne et Tese, et in Norham shire et Bedlyngton shire, in comitatu Northumbr', et eadem jura regalia per se, et ministros suos proprios ibidem exercuerunt, et de omnibus et singulis infra aquas predictas, et in predictis locis emergentibus, per se, et ministros suos justitiam fecerint, absque eo quod predictus nuper rex, seu progenitores sui, vel aliquis ballivus et minister suus, aut progenitorum suorum, de emergentibus infra dictas aquas, seu in predictis locis de Norham shire et Bedlyngton shire, in aliquo se intromisissent, nisi in defectu episcopi predicti, vel predecessorum suorum, super defectu exhibitionis justicie; quarum quidem libertatum regalium pretextu, idem nuper episcopus forisfacturam guerre, in libertate et locis predictis emergentem, habere debuit; ac Antonius quondam episcopus loci predicti, predecessor predicti Lodowici, castrum et manerium de Castro Bernardi, cum pertinentiis, per forisfacturam Johannis de Baliolo, quondam domini castri et manerii predictorum; et manerium de Hert et Herternesse, per forisfacturam Roberti de Bruys, quondam domini ejusdem manerii, infra libertatem predictam existens, virtute hujusmodi libertatum regalium, cepi fecerit in manum suam, et sic per tempus non modicum, ut jus ecclesie sue predicte pacifice tenuerit, quousque dominus Edwardi quondam rex Anglie, avus predicti Edwardi nuper regis, pretendens hujusmodi forisfacturam guerre, tam infra libertatem predicti episcopatus, quam alibi in regno suo, ad se pertinere debere, predictum Antonium, ipso non vocato ut asseruit, de eisdem castro et maneriis sine judicio amovere fecit, et ea in manum suam cepit; quamquam dominus Henrici quondam rex Anglie, proavus predicti Edwardi tertii nuper regis, quandam collationem quam fecit Thome de Clare, de manerio de Gretham, quod fuit Petri de Monte Forti, in libertate episcopatus predicti, et quod idem proavus per forisfacturam predicti Petri ad se pertinere tunc credidit; postmodum per cartam suam, et consilium suum revocavit; et concessit pro se et heredibus suis, quod tunc episcopus loci predicti, de dicto manerio de Gretham, et aliis terris et tenementis, infra regale suum predictum forisfactis et sibi escaetis, fecerit voluntatem suam, sicut idem proavus de hujusmodi terris sibi forisfactis alibi faceret in regno suo: et licet predictus episcopus, in diversis parliamentis domini Edwardi nuper regis, patris predicti Edwardi tertii, pro justicia in premissis habenda sepius fuisset prosecutus, idem tamen episcopus justiciam consequi non potuit in hac parte, predicto Edwardo nuper regi tertio supplicavit, ut sibi de remedio in premissis vellet providere. Et quia per predictam cartam dicti proavi dicti domini Edwardi tertii nuper regis, coram se et consilio suo, in dicto parliamento suo exhibitam plenius apparuit, quod prefatus proavus collationem suam quam prius fecit, predicto Thome, de predicto manerio de Gretham, postmodum per consilium suum revocavit, et concessit pro se, et heredibus suis, quod tunc episcopus loci predicti, de eodem manerio et aliis terris et tenementis, infra libertatem predictam forisfactis, faceret voluntatem suam, sicut predictus proavus de hujusmodi terris et tenementis alibi faceret in regno suo; ac inspectis et examinatis quibusdam [col. b] responsionibus in diversis petitionibus ipsius episcopi, in predicto parliamento dicti Edwardi tertii exhibitis, pro informatione juris ipsius episcopi, per consilium suum facta; quas quidem responsiones, simul cum aliis memorandis, in thesauraria et cancellaria predicti Edwardi tertii repertis, negotium illud tangentibus, coram dicto Edwardo nuper rege tertio, in consilio suo, in dicto parliamento suo venire fecit, et nichil inveniebatur in eisdem, per quod predictus episcopus a petitione sua predicta excludi debuit: per quod concordatum fuit, per dictum Edwardum nuper regem tertium, et consilium suum in dicto parliamento suo, quod predictus episcopus haberet libertatem suam de hujusmodi forisfacturis, juxta tenorem et effectum carte predicte proavi: per quod consideratum fuit, quod manus dicti Edwardi tertii de hujusmodi farisfacturis in manibus suis existentibus ammoverentur: intentionis tamen dicti Edwardi tertii, et consilii sui non extitit, quod aliquis qui terras seu tenementa, de hujusmodi forisfacturis, ex concessione progenitorum suorum adtunc tenuerunt, de eisdem terris et tenementis, virtute concordationis predicte, absque responsione non ammoverentur, prout per judicium in predicto parliamento redditum liquet manifeste. Per quam quidem petitionem predictus Lodowicus nuper episcopus affirmavit predictam libertatem Dunelm' et Sadberg', et Bedlyngtonshire, et Norhamshire, esse in predicto comitatu Northumbr'; et similiter quod ob defectum exhibitionis justicie, quod ministri domini regis libertates illas intrarent pro justicia exhibenda: quam quidem petitionem et judicium inde in dicto parliamento redditum, ad instantiam et specialem rogatum Thome nunc episcopi, dominus Henricus nuper rex Anglie, pater vester nobilissimus, per litteras suas patentes, quarum datas est apud Westm', vicesimo die Maii, anno regni sui primo, ratificavit, concessit, ac eidem nunc episcopo, et successoribus suis confirmavit: quam quidem ratificationem, concessionem et confirmationem, idem Thomas nunc episcopus acceptavit, et se ad eas effectualiter aggreavit, et eas recepit et habet; et per predictum judicium super predicta petitione predicti Lodowici redditum, et per predictas litteras patentes vestri nobilissimi patris, idem episcopus nunc clamavit habere forisfacturam guerre, de omnibus terris et tenementis, infra libertatem Dunelm' et Sadbrag', inter predictas aquas de Tyne et Tese, et in Bedlyngtonshire, et Norhamshire forisfactis, secundum effectum predicte petitionis predicti Lodowici, et easdem forisfacturas in litteris predictis habet et optinet in forma predicta; in qua quidem petitione, omnes libertates in Dunelm' et Sadbreg', inter Tyne et Tes, et in Bedlyngtonshire, et Norhamshire, cujus quidem manerii et wapentagii de Sadberg', villa de Hertilpole, in qua supponitur per petitionem predicti nunc episcopi inquisitionem et presentationes fore captas, est parcella; que quidem libertates, quas idem Lodowicus tunc per petitionem suam predictam clamavit, fore supponuntur in comitatu Northumbr', prout in predicta petitione patet manifeste; unde placeat regie majestati vestre intendere, quod bene liquet et manifeste, quod predictus Thomas nunc episcopus, contra predictas materias de jure admiti non debeat ad dicendum, quod predicte libertates sunt in comitatu Dunelm', et extra comitatum Northumbr', aut si idem nunc episcopus, clamare possit libertates comitatus palatini infra easdem libertates etc. Et predictus Willelmus similiter dicit, quod Johannes nuper rex Anglie, progenitor vester, qui per diversas cartas et litteras suas patentes, similiter per predictas litteras vestri nobilissimi patris ratificatas et confirmatas prefato Thome nunc episcopo Dunelm', concesserit Philippo tunc episcopo Dunelm', predecessori ipsius nunc episcopi, diversas franchesias, libertates, et immunitates, in comitatibus Ebor' et Lincoln'; habendum predicto Philippo et successoribus suis episcopis Dunelm': quas [p. iv-431][col. a] quidem franchesias, libertates et immunitates, idem episcopus nunc habet et possidet, virtute predictarum litterarum patentium predicti Johannis nuper regis; qui quidem dominus Johannes nuper rex, per litteras [suas patentes] , quarum datas est apud Kirkeby in Kendale, vicesimo primo die Augusti, anno regni sui decimo, inter alia concessit, et carta illa confirmavit, militibus et [liberis tenentibus de Halywerfolk] , quod si episcopus Dunelm' cepisset averia eorum, et ea tenuisset, contra vadium et plegium; vicecomes Northumbr' [pro tempore existens faceret eis illa replegiari, et eos inde juste deduci; per quod] bene liquet libertatem predictam fore in comitatu Northumbr'. Et dicit ulterius, quod diverse inquisitiones et presentationes, diversis temporibus diversorum [progenitorum vestrorum, post datam] litterarum patentium Ricardi primi quondam regis Anglie, nobilis progenitoris vestri, factarum Hugoni Dunelm' episcopo, predecessori [nunc episcopi, de] manerio et wapentagio de Sadberg', capte fuerunt coram escaetore et vicecomite dicti comitatus Northumbr', de diversis terris et tenementis inter Tyne et Tese, infra predictum manerium et wapentagium de Sadberg', in cancellario et scaccario vestro retornaverunt, prout in eisdem curiis patet de recordo; videlicet, annis Edwardi primi nuper regis Anglie decimo, quartodecimo, vicesimo secundo, vicesimo sexto, vicesimo septimo, tricesimo secundo; ac annis Edwardi secundi primo, octavo et nono; ac annis Ricardi secundi undecimo, quintodecimo, sextodecimo; et anno [Henrici quinti sexto, ac diversis aliis annis tam] tempore nobilis progenitoris vestri Henrici quarti avi vestri, quam omnium aliorum progenitorum vestrorum, a tempore Ricardi primi nuper regis Anglie, usque ad tempus vestrum. Et dicti [progenitores vestri, de exitibus terrarum et tenementorum] in hujusmodi inquisitionibus contentorum, per dictos escaetores et vicecomes, super compotis suis responsi fuerunt, prout in compotis eorumdem in scaccario vestro [remanentibus] plenius patet de recordo, si scrutinium debitum inde habeatur. To the most excellent prince, the lord king. Whereas the venerable father Thomas, bishop of Durham, by his petition presented to you in the present parliament has shown himself lawfully to have a county palatine in his church of Durham as in the county and liberty of Durham and in all places within the said liberty and county between the rivers Tyne and Tees, by prescriptive title, and various liberties and franchises, as etc. William Eure, knight, who prosecutes both on your behalf and for himself in this regard, says that lord Richard the first late king of England since the conquest, your noble progenitor, was seised in his demesne as of fee and by right of his crown of the manor and wapentake of Sedbergh, which manor and wapentake lie between the said rivers Tyne and Tees, within which manor and wapentake the same bishop claims the aforesaid liberties and franchises of a county palatine. Which manor and wapentake with appurtenances the same late King Richard by his letters patent dated at Gatton, on 18 September in the first year of his reign [1189], within the time of memory, gave and granted and by that charter confirmed to God and St Cuthbert and the church of Durham and to Hugh, then bishop of Durham, in pure and everlasting alms, to have according to the force, form and effect of the aforesaid letters of the said King Richard. And he says that on the aforesaid 18th day the said manor and wapentake were in the county of Northumberland and part of the same county. And he says that the aforesaid Bishop Hugh, nor any of his predecessors bishops of Durham, never held anything on the aforesaid manor and wapentake before the said 18th day. And this he is ready to verify, as etc. Whereupon it is fully apparent the present bishop, or his predecessors, did not have the liberty of a county palatine, nor franchises, before living memory, as the aforesaid present bishop implies by his aforesaid petition, etc. Also whereas the same bishop has implied by his aforesaid petition that whereas before Hugh Cressingham and his associates, late justices itinerant of your noble progenitor Lord Edward the first late king of England [since] the conquest in the county of Northumberland, it had been presented in their session held [col. b] at Newcastle upon Tyne the day after St Hilary in the twenty-first year of his reign [14 January 1293] that Durham, Sedbergh and Bedlington were within the boundary of the county of Northumberland this side of the Coquet; and also that the liberty of Norham was within the boundary of the same county beyond the Coquet; and that the then bishop of Durham had his chancery in the aforesaid places, and held all pleas whether crown or others by his writs and his own justices; and that he had his coroners and several other liberties specified in the aforesaid petition, etc. And because the same then bishop, neither by him himself nor by his officials, claimed the aforesaid liberties and franchises before the same late justices itinerant, it had then been adjudged there by the same late justices itinerant that the same franchises and liberties presented before them be taken into the hands of the aforesaid late lord King Edward. And the same late King Edward, at the request of Anthony, then bishop of Durham, by his writ directed to the aforesaid Hugh de Cressingham and his associates, caused the record and process made thereupon to come before the late king himself and his council in his parliament held at London on the manor of the archbishop of York on the quinzaine of Michaelmas in the twenty-first year of his reign [13 October 1293]; and because the said late bishop by noting errors in the opposing party, as he claims, has implied that the said places specified in the same record and process were not within the bailiwick of the sheriff of Northumberland, but outside the same; and that in the same places the aforesaid bishop then had his own sheriff, that the aforesaid judgment rendered before the aforesaid justices itinerant should be revoked and annulled, etc.; the aforesaid William says to this that it was presented in the same eyre before the same justices, in their aforesaid session, that the bishop of Durham was accustomed to prevent justices itinerant from their coming by his bailiffs in the said county of Northumberland at Chilwell or at Fourstones or at Quaking Bridge, or through which of those regions the justices happened to come, and to claim articles of crown, etc. And that Nicholas Farnham, late bishop of Durham, acted thus in the eyre of the abbot of Peterborough in the time of the late lord King Henry the third king of England since the conquest. And afterwards, Walter Kirkham, [memb. 12] late bishop of Durham, in the time of the same late lord King Henry in the eyre of Roger Thirkleby in the same place. And afterwards Robert Stichill, late bishop of the same place, in the time of the same late lord King Henry in the eyre of Gilbert Preston, separately placed their bailiffs there to claim articles of crown, and thus they petitioned separately. And that all the predecessors of the same bishops acted thus from time immemorial as is fully shown by the record of the said eyres and in all other eyres previously held in the said county of Northumberland. And he says that all the aforesaid between the Tyne and Tees, that Bedlingtonshire and Norhamshire were then in the said county of Northumberland and part of the same county: of which matters the aforesaid late lord King Edward was not informed in his aforesaid parliament, as is fully shown on the record of the aforesaid parliament: and thus in rendering the aforesaid judgment in the aforesaid parliament, revoking and annulling the aforesaid record, the same late lord King Edward was harmed and deceived by the less than truthful allegation of the said late Bishop Anthony, when neither you nor any of your progenitors ought not to have been harmed, deceived or disinherited by such secret and less than truthful allegations made in your court, or those of your progenitors, nor should any possession or continuation of long duration, nor any thing concerning you or any of your progenitors examined or encroached on, by such allegations and concealments, be to the prejudice of you or of your progenitors or the disinheritance of your crown in any way: and especially [p. iv-430][col. a] by the judgment thus made in the said parliament; saving always the right of the lord king and of his heirs since they might wish to pronounce thereupon. And the aforesaid William similarly says that Louis, late bishop of Durham, the predecessor of the present bishop, by his petition before Edward the third late king of England, your noble progenitor, in his council in the parliament held at Westminster on 15 February in the first year of his reign etc. [1327], maintained that since he himself had had and ought to have, and he himself and all his predecessors former bishops of the aforesaid place have always had royal jurisdiction between the rivers Tyne and Tees and in Norhamshire and Bedlingtonshire in the county of Northumberland, and have exercised the same royal jurisdiction there themselves and through their own officers, and have meted out justice by themselves and their officers concerning each and everything arising between the aforesaid rivers and in the aforesaid places without the aforesaid late king or his progenitors, or any of his bailiffs of officers, or their progenitors themselves having interfered in any way in matters arising between the said rivers or in the aforesaid places of Norhamshire and Bedlingtonshire, except by the default of the aforesaid bishop or of his predecessors concerning a failure to give justice; by pretext of which royal liberties the same late bishop ought to have the forfeiture of war in the aforesaid liberty and places; and Anthony, late bishop of the aforesaid place, the predecessor of the aforesaid Louis, caused the castle and manor of Barnard Castle with appurtenances by the forfeiture of John de Balliol, the late lord of the aforesaid castle and manor, and the manor of Hart and Hartness by the forfeiture of Robert de Bruys, the late lord of the same manor, being within the aforesaid liberty, to be seized into his hands by virtue of such a royal liberty, and he thus held them peacefully for some time as the right of his aforesaid church, until Lord Edward, late king of England, grandfather of the aforesaid late King Edward, claiming such forfeiture of war both within the aforesaid episcopal liberty and elsewhere in his realm to pertain to him, caused the aforesaid Anthony, with the latter not being summoned, as he alleged, to be removed from the same castle and manors without judgment, and he seized them into his hands; although Lord Henry, former king of England, great-grandfather of the aforesaid late King Edward the third, made a certain collation to Thomas de Clare of the manor of Greatham, which was Peter de Monte Forti's, in the aforesaid episcopal liberty, and which the same great-grandfather then considered to pertain to him by the forfeiture of the aforesaid Peter, afterwards by his charter and his council, he revoked it; and he granted for himself and his heirs that the present bishop of the aforesaid place should do his will concerning the said manor of Greatham and the other lands and tenements forfeited and escheated within his aforesaid right, just as the same great-grandfather had done with lands of this kind forfeited to him elsewhere in his realm: and although the aforesaid bishop often sued for justice to be done on the foregoing in several parliaments of the late lord King Edward, the father of the aforesaid Edward the third, the same bishop was, nevertheless, unable to obtain justice in this regard, and he beseeched the aforesaid late King Edward the third that he might wish to provide him with a remedy on the foregoing. And because it was more fully evident by the charter of the said great-grandfather of the said late lord King Edward the third, which was presented before him and his council in his said parliament, that his collation which the aforesaid great-grandfather had previously made to the aforesaid Thomas of the aforesaid manor of Greatham was later revoked by his council, and he granted for himself and his heirs that the present bishop of the aforesaid place, concerning the same manor and other lands and tenements within the aforesaid liberty which were forfeit, should have his will, just as the aforesaid great-grandfather had done with lands and tenements of this kind elsewhere in his realm; and with certain answers [col. b] to various petitions of the bishop himself presented in the aforesaid parliament of the said Edward the third having been inspected and examined by his council in order to establish the right of the bishop himself; which answers together with other memoranda found in the treasury and chancery of the aforesaid Edward the third touching that business before the said late King Edward the third he caused to come in his council in his said parliament, and nothing was found in the same by which the aforesaid bishop ought to be prevented from his aforesaid petition: whereby it was adjudged by the said late King Edward the third and his council in his said parliament that the aforesaid bishop should have his liberty from such forfeitures according to the tenor and effect of the aforesaid charter of the great-grandfather: whereby it was adjudged that such forfeitures being in his hands be removed: however, it was not the intention of the said Edward the third and his council that anyone who held lands or tenements at that time by such forfeitures from the grant of his progenitors be removed from the same lands and tenements by virtue of the aforesaid agreement without answer, as is manifestly clear by the judgment rendered in the aforesaid parliament. By which petition the aforesaid late Bishop Louis affirmed the aforesaid liberty of Durham and Sedbergh, Bedlingtonshire and Norhamshire to be in the aforesaid county of Northumberland; and that similarly, because of the lack of justice, that the officials of the lord king enter those liberties in order to deliver justice: which petition and judgment rendered thereupon in the said parliament, at the petition and special request of the then Bishop Thomas, the late lord King Henry of England, your most noble father, ratified, granted and confirmed to the same then bishop and to his successors by his letters patent given at Westminster on 20 May in the first year of his reign: which ratification, grant and confirmation the same Bishop Thomas accepted, and he himself effectively agreed to them, and received and kept them; and by the aforesaid judgment rendered on the aforesaid petition of the aforesaid Louis, and by the aforesaid letters patent of your most noble father, the same bishop then claimed to have forfeiture of war of all the land and tenements forfeited within the liberty of Durham and Sedbergh between the aforesaid rivers Tyne and Tees and in Bedlingtonshire and Norhamshire, according to the effect of the aforesaid petition of the aforesaid Louis, and he has and possesses the same forfeitures in the aforesaid letters in the aforesaid form; in which petition, all the liberties in Durham and Sedbergh between the Tyne and Tees, and in Bedlingtonshire and Norhamshire, of which the manor and wapentake of Sedbergh, the town of Hartlepool, in which it is alleged by the aforesaid petition of the then bishop that inquests and presentments should be held, is part; which liberties the same Louis then claimed by his aforesaid petition to be in the county of Northumberland, as is manifestly clear in the aforesaid petition; whereupon may it please your royal majesty to consider whether it is fully and manifestly clear that the aforesaid present Bishop Thomas should not be allowed of right to speak against the said matters matters that the aforesaid liberties are in the county of Durham and outside the county of Northumberland, or else if the same present bishop is able to claim liberties of a county palatine within the same liberties etc. And the aforesaid William similarly says that John, former king of England, your progenitor, who, by his various charters and letters patent, likewise ratified and confirmed through the aforesaid letters of your most noble father to the aforesaid Thomas, the present bishop of Durham, granted to Philip, the then bishop of Durham, the predecessor of the present bishop himself, several franchises, liberties and immunities in the counties of York and Lincoln; to have to the aforesaid Philip and his successors bishop of Durham: which [p. iv-431][col. a] franchises, liberties and immunities the same present bishop has and possesses by virtue of the aforesaid letters patent of the aforesaid late King John; which late lord King John, by his letters patent given at Kirkby Kendal on 21 August in the tenth year of his reign [1208], among other things granted and by that charter confirmed to the knights and free tenants of the Haliwercfolc that if the bishop of Durham seized their livestock, and held them contrary to security and pledge, the sheriff of Northumberland at the time should cause them to be released to them, and for them to be justly released thereupon; whereby it is fully clear that the aforesaid liberty is in the county of Northumberland. And he says in addition, that different inquests and presentments were held in various reigns of several of your progenitors after the date of the letters patent of Richard the first late king of England, your noble progenitor, made to Hugh, bishop of Durham, the predecessor of the present bishop, concerning the manor and wapentake of Sedbergh, before the escheator and sheriff of the said county of Northumberland concerning several lands and tenements between the Tyne and Tees, within the aforesaid manor and wapentake of Sedbergh, returned in your chancery and exchequer, as is clear on the record of the same courts; to wit, in the tenth [1281-2], fourteenth [1285-6], twenty-second [1293-4], twenty-sixth [1297-8] and thirty-second [1303-4] years of Edward the first, late king of England; and in the first [1307-8], eighth [1314-15] and ninth [1315-16] years of Edward the second; and in the eleventh [1387-8], fifteenth [1391-2] and sixteenth [1392-3] years of Richard the second; and in the sixth year of Henry the fifth [1418-19], and in several other years both in the time of your noble progenitor Henry the fourth, your grandfather, and of all your other progenitors from the time of Richard the first, late king of England, until your reign. And your said progenitors were answerable through the said escheators and sheriffs in their accounts for the profits of the lands and tenements contained in such inquests, as is more fully clear in their accounts which remain on record in your exchequer, if due scrutiny was made thereupon.
Item, dicit quod omnes libertates Dunelm', certis de causis, per considerationem curie domini Edwardi nuper regis Anglie secundi, [seisite] fuerunt in manus suas, et postea per mortem ipsius devenerunt in manus nobilis progenitoris vestri Edwardi tertii nuper regis, qui easdem libertates, [anno regni sui primo, reddidit Antonio tunc] episcopo Dunelm'; habendum sibi et successoribus suis imperpetuum. Salvis eidem domino regi, et heredibus suis, regali dignitate et potestate sua: et salvo in omnibus jure corone sue. [Et quoad franchesias concessas] et confirmatas per cartas domini Ricardi nuper regis Anglie secundi, dicit, quod in eisdem cartis inter alia continetur, quod idem Ricardus nuper rex concessit libertates in eisdem cartis contentos; habendum eidem tunc episcopo, et successoribus suis, prout idem episcopus, et ecclesia sua, eas tunc tenuerunt et possederunt, vel aliquis predecessorum suorum, tempore alicujus progenitorum ipsius Ricardi nuper regis, illis usus fuit et gavisus, et prout carte et littere predicte plenius testantur. Et dicit, quod nec idem tunc episcopus, nec ecclesia sua predictam, [nec aliquis predecessorum suorum, hujusmodi libertatibus] comitatus palatini, nec prerogativis regiis, in locis predictis, nec in aliqua parcella eorumdem, unquam [usus fuit et gavisus, nec conceduntur per aliquas cartas progenitorum] ipsius Ricardi secundi: unde consideratis premissis, vestre placeat regie majestati, quod jus fiat ligeo populo vestro in premissis. He says also that all the liberties of Durham, on account of certain reasons, were seized by judgment of the court of the late Lord Edward the second king of England into his hands, and after his death they came into the hands of your late noble progenitor King Edward the third, who, in the first year of his reign [1327-8], returned the same liberties to Anthony, then bishop of Durham: to have to him and his successors forever; saving to the same lord king and his heirs his royal dignity and dominion, and saving the rights of his crown in all things. And as regards the franchises granted and confirmed by the charters of the late lord Richard the second king of England he says that, among other things, it is contained in the same charters that the same late King Richard granted liberties specified in the same charters; to have to the same bishop at that time and his successors just as the same bishop and his church held and possessed them at that time, or any of his predecessors in the time of any of the progenitors of the late King Richard himself, used and enjoyed by them, and as is more fully testified in the aforesaid charters and letters. And he says that neither the same bishop at that time, nor his aforesaid church, nor any of his predecessors, ever used and enjoyed such liberties of a county palatine, nor royal prerogatives, in the aforesaid places nor in any part of the same, nor were they granted by any charters of the progenitors of Richard the second himself: whereupon, having considered the foregoing, may it please your royal majesty that right be done to your liege people on the foregoing.
Quibus quidem petitionibus, in parliamento predicto visis, diligenter et examinatis, habitaque super eisdem cum justicariis, servientibus domini regis ad legem, et aliis legis peritis deliberatione matura, auditis etiam et intellectis rationibus et allegationibus, tam ex parte domini regis, et prefati Willelmi, quam ex parte [col. b] predicti episcopi, in eodem parliamento motis, factis et habitis; pro eo quod per inspectionem cartarum et aliarum evidentiarum prefati episcopi ibidem exhibitarum, videbatur dicto domino regi, ac ceteris dominis spiritualibus et temporalibus, necnon justiciariis, et aliis legis peritis predictis, ceterisque de consilio regis in parliamento predicto tunc existentibus, quod villa de Hertilpole, ac omnia alia loca in inquisitionibus et presentationibus unde in dicta petitione predicti episcopi fit mentio specificata, in quibus locis diverse materie, articuli, mesprisiones, usurpationes, offense et alie res, per inquisitiones et presentationes illas supponuntur fieri, sunt infra comitatum et libertatem ipsius episcopi Dunelm', inter aquas de Tyne et Tese, et extra comitatum Northumbr', et sic inquisitiones et presentationes predicte, absque waranto, et sine auctoritate legitima capte fuerunt, in enervationem et destructionem libertatum, privilegiorum, franchesiarum, et immunitatum predictorum, ac ipsius episcopi et ecclesie sue predicte exheredationem manifestam, presertim cum breve regium in predicto comitatu et libertate Dunelm', seu in castro, villa et dominio de Norham, aut manerio de Bedelyngton', cum suis pertinentiis, non currat nec unquam currere consueverat, ejusdem ecclesie sede plena, sicut idem episcopus per petitionem suam predictam superius allegavit: pro eo etiam quod omnia et singula, tam pro prefato domino rege, quam pro predicto Willelmo, in petitione sua predicta pretensa et declarata, ad nichil aliud agebant in effectu, nisi quod prefatus episcopus ad traversandum inquisitiones et presentationes predictas compelleretur; quod si fieret, in ipsius episcopi dispendium non modicum, ac libertatis ecclesie sue predicte periculum tenderet manifeste. Prefatus igitur dominus noster rex, premissa ponderans, ac ipsius episcopi senio pie compatiens, consideransque et debito mentis intuitu prospiciens nonulla magnifica et fructuosa, ac sibi et toti regno suo Anglie utilia obsequia, per prefatum episcopum, tam tempore dicti domini nostri regis, quam nobilium progenitorum suorum, nullis cedentem laboribus, custubus vel expensis, nec absque sui corporis vehementi detrimento diligenter et fideliter exhibita et impensa. Et volens proinde idem dominus noster rex, pro securitate et quiete ipsius episcopi in hac parte, suis tantis exigentibus meritis, prospicere gratiose, ne ipse in sua tam provecta etate, per hujusmodi exquisitos colores vexetur, fatigetur seu perturbetur aliqualiter, de assensu dominorum spiritualium et temporalium, ac aliorum predictorum de consilio suo, in eodem parliamento existentium, auctoritate ejusdem, concessit, decrevit et ordinavit, quod inquisitiones et presentationes predicte, que in cancellaria regis ut premititur residebant, cassentur et adnichilentur, ac extra eandem cancellariam retrahantur, et cancellentur, et quod predictus episcopus, et successores sui, inde et ab omni molestia et impetitione que inde sequi poterunt, sint quieti et exonerati imperpetuum. Salvis semper prefato domino regi, heredibus et successoribus suis, ac omnibus et singulis ligeis suis, et eorum cuilibet, omnimodis actionibus, juribus, libertatibus, franchesiis, clameis, possessionibus, titulis, avantagiis et interesse suis quibuscumque, que idem dominus rex, vel ligei sui predicti, vel eorum aliquis, ante captiones inquisitionum predictarum habuerunt, eisdem modo et forma, sicut ea ante captiones dictarum inquisitionum habuerunt. Super quo Johannes Frank clericus, custos rotulorum cancellarie domini regis, de mandato ipsius domini regis, inquisitiones et presentationes predictas coram domino rege, hic in eodem parliamento detulit; que de mandato ejusdem domini regis, et in presentia sua, in eodem parliamento cancellate fuerunt, cassate et adnichilate, et que resident inter petitiones ejusdem parliamenti. Which petitions having been inspected and diligently examined in the aforesaid parliament, and having had proper deliberation on the same with the justices, the lord king's serjeants-at-law and others skilled in the law, also with the claims and allegations having been heard and understood which have been moved, made and put forward both on behalf of the lord king and the aforesaid William and on behalf [col. b] of the aforesaid bishop in the same parliament; because, by inspection of the charters and other evidence of the aforesaid bishop presented there to the said lord king and to certain lords spiritual and temporal, and also to the aforesaid justices and others with experience of the law, and to others of the king's council who were then present in the aforesaid parliament, it was considered that the town of Hartlepool and all the other places specified in the inquests and presentments which are mentioned in the said petition of the aforesaid bishop - in which places various matters, articles, misdeeds, usurpations, offences and other things were alleged to have been committed by those inquests and presentments, are within the county and liberty of the bishop of Durham himself, between the rivers Tyne and Tees, and outside the county of Northumberand, and so the aforesaid inquests and presentments were held without a warrant and without lawful authority, to the weakening and destruction of the aforesaid liberties, privileges, franchises and immunities, and the manifest disinheritance of the bishop himself and his aforesaid church, particularly since royal writs are not valid nor ever used to be valid in the aforesaid county and liberty of Durham, or in the castle, town and lordship of Norham, or the manor of Bedlington, with their appurtenances, when the same church is sede plena, just as the same bishop claims above by his aforesaid petition: also because each and everything alleged and declared both for the aforesaid lord king and for the aforesaid William in his aforesaid petition, had no effect save that the aforesaid bishop was compelled to deny the aforesaid inquests and presentments; if this occurred, it was intended not least at the cost of the bishop himself, and the manifest threat of the liberty of his aforesaid church. Therefore, our aforesaid lord king, considering the foregoing, and piously having compassion for the frailty of the bishop himself, and considering and by due foresight of heart in consideration of several noble, profitable and beneficial services diligently and faithfully delivered and expended to him and to all his realm of England by the aforesaid bishop both in the time of our said lord king and of his noble progenitors, without sparing his labours, costs or expenses, nor without mighty suffering of his body. And our same lord king wishing equally to provide graciously for the security and quiet of the bishop himself in this regard, by the requirements of his so great merits, lest he himself in his so advanced age, be vexed, harassed or perturbed in any way by such considered pretexts, with the assent of the lords spiritual and temporal and of the aforesaid others of his council assembled in the same parliament, by the authority of the same has granted, decreed and ordained that the aforesaid inquests and presentments which remain in the king's chancery, as mentioned above, be quashed and annulled and be removed from the same chancery and cancelled, and that the aforesaid bishop and his successors be quit and discharged forever thereupon and from all molestation and prevention which might follow thereupon. Saving always to the aforesaid lord king, his heirs and successors, and to each and every one of his lieges, and to any of them, all their actions, rights, liberties, franchises, claims, possessions, titles, advantages and interest whatsoever which the same lord king or his aforesaid lieges, or any of them, had before the aforesaid inquests were held, in the same manner and form as they had before the said inquests were held. Whereupon John Frank, clerk, keeper of the rolls of the lord king's chancery, at the command of the lord king himself, carried the aforesaid inquests and presentments before the lord king here in the same parliament, which, at the command of the same lord king, were cancelled, quashed and annulled in the same parliament, and in his presence, and which remain among the other petitions of the same parliament.
[p. iv-432]
[col. a]
[memb. 11]
< 24. Rauf Cromwell's petition, being tresorer of England. > 24. The petition of Ralph Cromwell, treasurer of England.
Memorandum quod Radulphus Cromwell, thesaurarius Anglie, exhibuit domino nostro regi in presenti parliamento, decimo octavo die Octobris, anno dicti domini regis duodecimo, quandam petitionem suam, sub eo qui sequitur tenore: Be it remembered that Ralph Cromwell, treasurer of England, presented his petition to our lord king in the present parliament on 18 October, in the twelfth year of the said lord king [1433], under the tenor which follows:
To the kyng oure soverain lord, with all humblesse shewe I youre moste humble and trewe suget Rauf Cromwell: howe that noght long agoo hit lyked youre highnes, by the avys of my lords youre uncles of Bedford', of Gloucetre, and the cardinall, and of all the remenaunt of my lordes of youre counseill, to charge me with occupation of the office of the tresorier of England; the which charge, in eschewyng of the displesir and indignation of youre highnes, I receyved under a certain protestation. That is to saye, that I shuld mowe article certain requestes, suche as shuld be thoght to me resonable and profitable to you oure soverain lord, and to youre land, and lyke with Goddes grace to kepe me and my pore estate and worship unblemisshed; the saide articles to be tendirly hard, spedde and executed, as reson wold; the whiche requestes, I folewyng my said protestation have putte in writyng, swych as swith: To the king our sovereign lord, with all humility I, your most humble and true subject, Ralph Cromwell, petition: whereas it recently pleased your highness, by the advice of my lords your uncles of Bedford, of Gloucester, and the cardinal, and of all the rest of my lords of your council, to charge me with the tenure of the office of treasurer of England; which charge, in order to avoid the displeasure and indignation of your highness, I accepted under a certain protestation. That is to say, that I should detail in writing certain requests such as I might think reasonable and profitable to you, our sovereign lord, and to your realm, and which, by God's grace, might serve to keep me and my poor office untarnished; the said requests to be favourably heard, enforced and executed, as reason allowed; which requests I have put in writing after my said protestation, as follows:
First, that hit like your hynesse to considre, that howe be hit, that as well in tymes of youre noble progenitors, as in youre awen tyme, þestate and necessitee of the kyng regnyng for the tyme, and of the reaume, have ben notified to the thre astates of the land assemblid in parlements, and in especiall nowe in this youre present parlement, and clierly shewed and declared in this same parlement, þat all the revenuz and proffitz, ordinarie and extraordinarie, certain or casuell, that growith to you on any behalf, suffisith not to the birdon and assiethyng of youre ordinarie yeerly charges, be the somme of .xxxv. < .m. > li. a yeere and more; nevertheles the said declaration, nys noght as yitte so conceyved by the lordes of youre land, ne be the commune, that thei can yeve full faith and credence therto: and therfore, to thentente to putte the said lordes and commones in full conceit and knowelech of the said matier, and oute of all scrupill and doute therin, plese hit you to make my said lordes, to yeve a leiser to the sight and diligent examination of certain bokes and recordes of youre eschequier, made by youre sworn officers of the same place, by the wiche they shall mowe clierly undirstande and conceive, þestate of youre land as nowe, and the charges and necessitees þat risteth upon you and youre reaume; and that so knowen, to commande the said astate so shewid, swich as it was atte þat tyme that I received my said charge, and yit is to be enacted of record; and over this to ordeine swich labour and diligence to be don, that in this parlement provision of good be made, swich as shall nede for the kepyng of youre noble astate and household, for the governaile of youre land inward, for defence youre land ageins your enemyes outeward, and for other evident charges that reste uppon you, and for the paiement of youre dettis; withouten the whiche thyng doon and pourveied, I neither can, may, ne dare take uppon me, to labour forthe to procede in occupation of the said office. Consideryng, that withoute this, I neither shall mowe please youre hynesse, ne doo to you agreable service, as I desire with all myne herte to doo, ne content youre sugetts, ne save my pouere name, fame and worship. Also that hit please youre highnes to ordeine, þat hit be yeven me in commaundement, þat in paiement and departyng oute of youre revenue, y preferre youre houshold, youre wardrobe, and your necessarie werkes: [col. b] and that hit be agreed and graunted me, be my said lordes, that I so doyng shall noght therfore renne into displesaunce or indignation of eny of hem. Also that hit be ordeined and appointed, þat no [yift ne graunte of lyfelod] , revenue or good, balangyng to youre hienesse, ne paiementes to be made of youre goode, be appointed or passed by youre counseill, withoute þat [the tresorier be called] to yeve information in swich cas to youre counseill, and be first herde therappon: consideryng, that for lakke of such information, [youre counseill hath been disceived] , and ye hirt afore this, as wele in youre awen goode, as in lakke of availe that myght have growen to you. And also that hit lyke youre highnes [to graunte me, that for the] tyme that hit shall plese you, þat I occupie the seid office, I shall occupie hit as frely, with all the manere of preminences and duytees belangyng therto, [withouten any] diminution or restreinte, as any tresorer of Englond hath occupied hit afore this tyme; and that my seid lordes promitte youre hynesse, that thei shall [support me in] the occupation of the seid office, and nought suffre me, as ferforth as in thaym shall be, to be distourbed or letted in the fredom of occupation þereof, ne [conceive ageins] me eny indignation or maugre therfore. First, that it might please your highness to consider that, whereas both in the times of your noble progenitors and in your own time the estate and needs of the king reigning at the time, and of the realm, have been notified to the three estates of the realm assembled in parliaments, and in particular now in this your present parliament, and it has been clearly presented and declared in this same parliament that all the revenues and profits, ordinary and extraordinary, certain or casual, which pertain to you for any reason are insufficient for the burden and satisfying of your ordinary annual charges by the sum of £35,000 per year and more; nevertheless the said declaration is not as yet understood by the lords of your realm, nor by the commons in such a way that they can fully trust and believe it: and therefore with the intention of making the said lords and commons fully aware and mindful of the said matter, and remove all question and doubt thereupon, may it please you to cause my said lords to be allowed to inspect and diligently examine certain books and records of your exchequer which have been drawn up by your sworn officers of the same place, by which they shall more clearly understand and be aware of the position of your realm at present and the charges and needs which rest upon you and your realm; and that being thus in full knowledge, to command that the said position thus shown, such as it was at the time that I received my said office, be enacted on record; and in addition, to order that such work and effort be carried out so that provision of goods is made in this parliament as is necessary for the maintenance of your noble estate and household, for the governance of your realm here, for the defence of your realm against your enemies overseas, and for other evident charges that rest upon you, and for the payment of your debts; without this being done and provided, I neither can, may, nor dare assume to occupy the said office henceforth. Considering that without this I may neither please your highness, nor perform acceptable service for you which I desire with all my heart to do, nor satisfy your subjects, nor save my poor name, reputation and honour. Also that it might please your highness to ordain that I be commanded that I give preference to your household, your wardrobe, and your necessary works when paying out and distributing your revenue: [col. b] and that it be agreed and granted to me by my said lords that in so doing I shall not incur the displeasure or indignation of any of them thereupon. Also that it be ordained and decreed that no gift or grant of livelihood, revenues or goods belonging to your highness, or payments to be made of your goods, be agreed or passed by your council without the treasurer being called upon to give information about such matters to your council, and be heard first thereupon, considering that for want of such information, your council has been deceived, and you have been harmed in the past, both as regards your own goods and the lack of funds which might have accrued to you. And also that it might please your highness to grant me, that, for the time that it shall please you for me to occupy the said office, I shall occupy it as freely as any treasurer of England has occupied it in the past with all the kinds of honours and duties belonging to it, without any diminution or restraint; and that my said lords promise your highness, that they shall support me in the occupancy of the said office and not allow me, as far as they are able, to be disturbed or hindered in the freedom of carrying it out, nor conceive any anger or ill-will against me thereupon.
Qua quidem petitione, coram domino rege in parliamento predicto lecta, audita et intellecta, habitaque super eadem avisamento [diligenti et] deliberatione matura, idem dominus noster rex, de avisamento et assensu illustrium principum Bedford' et Gloucestr' ducum, ac reverendissimi in Christo patris domini Henrici [cardinalis] Anglie, ceterorumque dominorum spiritualium et temporalium ibidem tunc presentium, petitionem predictam concessit et voluit responderi in forma subsequenti: videlicet, quod quantum [ad examinationem] certorum librorum statum regni continentium per officiarios et ministros regis scaccarii sui editorum, unde in petitione predicta fit mentio; idem dominus noster rex voluit [et concessit] , quod libri illi audirentur et examinarentur, ac de recordo inactitarentur, prout idem thesauarius per petitionem suam predictam superius postulavit. Et quantum ad [provisionem bonorum] et conservationem status dicti domini nostri regis, et hospitii sui, et aliis de causis in petitione predicta specificatis, in eodem parliamento faciendos; concordatum fuit et provisum, per eosdem duces, cardinalem et dominos, quod ipsi penes communes, pro hujusmodi provisione habenda, omnem diligentiam suam possibilem exhiberent. Quantum [etiam] ad hospitium et garderobam regis in solutione et partitione reventionum regni preferendos; rex voluit et concessit, quod fiat prout petitur, nisi talis et tam urgens causa [interveniat] , propter quam videbitur eidem domino regi, de avisamento consilii sui, aliter fore faciendum. Quantum vero ad duos alios articulos, in petitione predicta sequentes; idem dominus noster rex, [de avisamento] et assensu predictis, voluit et concessit, quod articuli illi tenerentur et observarentur, prout per eandem petitionem extitit supplicatum. Subsequenterque, idem thesaurarius [exhibuit tunc] ibidem, dictos libros de statu regni, per officiarios et ministros regis scaccarii predicti ut premittitur editos, et presenti rotulo consutos, qui tunc ibidem in eodem parliamento, de mandato domini regis, summarie perlecti fuerunt et auditi. Subsequenterque, preceptum fuit prefato thesaurario Anglie, de avisamento et assensu predictis, quod dictum statum regni, communibus ejusdem parliamenti, in eorum domo communi, eodem modo in crastino ostenderet et declararet, quod et factum fuit. Which petition having been read, heard and understood before the lord king in the aforesaid parliament, and having had diligent advice and mature deliberation thereupon, our same lord king, with the advice and assent of the illustrious princes, the dukes of Bedford and Gloucester, and the most reverent father in Christ, Lord Henry, cardinal of England, and certain other lords spiritual and temporal who were then present there, granted the aforesaid petition and willed it to be answered in the following form: namely, that with regard to the examination of certain books which contain the accounts of the realm drawn up by the officials and officers of the king's exchequer, which is mentioned in the aforesaid petition, our same lord king willed and granted that those books be audited and examined and put on record just as the same treasurer requested in his preceeding aforesaid petition. And with regard to the provision of goods and the maintenance of the estate of our said lord king and his household, and the other matters specified in the aforesaid petition to be effected in the same parliament, it was agreed and provided by the same dukes, cardinal and lords that they themselves, with the commons, show all possible diligence in order to effect such provision. Also with regard to the king's household and wardrobe given preference in the payment and distribution of the revenue of the realm, the king willed and granted that it be done as it is sought, unless such and so urgent matters intervene, on account of which it will seem to the same lord king, with the advice of his council, to be done otherwise. Indeed, with regard to the two other articles which follow in the aforesaid petition, our same lord king, with the aforesaid advice and assent, willed and granted that those articles be upheld and observed just as is sought by the same petition. And afterwards the same treasurer then presented those books of the accounts of the realm there, drawn up by the officials and officers of the aforesaid king's exchequer, as mentioned above, and attached to the present roll, which were then read out and heard in summary in the same parliament. And then it was commanded to the aforesaid treasurer of England, with the aforesaid advice and assent, that said state of the realm be shown and declared in the same form to the commons of the same parliament in their common chamber the following day, and this was done.
[p. iv-433]
[col. a] The following account is recorded on a schedule of 3 membranes stitched to the dorse of the parliament roll where mb. 12 and 11 are joined.
Status reventionum annalium regni, factus per officiarum de scaccario, termino Michaelis, anno regni regis Henrici .vi. ti duodecimo. The state of the annual revenues of the realm made by the officers of the exchequer at Michaelmas term in the twelfth year of the reign of King Henry the sixth.
Cawode. Cawood.
De fermis comitatum ac aliis [...] firmis exactis sub nominibus vicecomitum: necnon aliis minutis firmis exactis sub nominibus diversis, summam .xl. s. per annum non excedentibus .iiij m iiij c lxxvi.li. .x. s. .viij. d. qu'. From the farms of the counties and other farms levied in the names of sheriffs: and also other small farms levied in various names, total per year 40 s ., not exceeding £4,476 10 s . 8 d . farthing.
Cawode. Cawood.
De viridis cera per annum, per estimationem .mcc.li.; .v m vi c lxxvi.li. .x. s. .viij. d. qu'. From estreats sealed with green wax £200 per year by estimate; £5,676 10 s . 8 d . farthing.
Inde in allocationibus et feodis annualibus ac annuitatibus inde concessis .iij m vij c lxxiij.li. .ij. s. .v. d. qu'. From which on allowances and annual fees and annuities granted thereupon £3,778 2 s . 5 d . farthing.
Et remanet .mix c iij.li. .viij. s. .iij. d. And £1,903 8 s . 3 d . remains.
Broket. Broket.
De exitibus escaetorum in comitatibus Anglie ultra wardas et maritagia .d.li. per estimationem. From the issues of escheators in the counties of England, besides wardships and marriages, £500 by estimate.
Cawode. Cawood.
De feodi firmis diversorum villarum et maneriorum .iij m vi c xij.li. .xi. s. .iij. d. From the fee-farms of various towns and manors, £3,612 11 s . 3 d .
Inde in annuitatibus in feodo .mcl.li. .xij. s. .vij. d. On annuities in fee thereupon, £1,150 12 s . 7 d .
Annuitates ad terminum vite .mviij c xxvij.li. .viij s. .v. d. Annuities for a term of life, £1,827 8 s . 5 d .
Et remanet .dcxxiiij.li. .x. s. .iij. d. And £624 10 s . 3 d . remains.
Cawode. Cawood.
De firmis terrarum in maninbus regis existentibus ratione minorum etatum diversorum heredum, ultra terras ducis Norff', ac alias certas firmas, nondum concordatis cum thesaurario .mdciiij.li. .xix. s. .xi. d. From the farm of the lands in the king's hands by reason of the minority of various heirs, besides the lands of the duke of Norfolk, and certain other farms not yet agreed with the treasurer £1,604 19 s . 11 d .
Inde pro sustentatione hereditarii Roberti de la Mare .x. marcis. From which for the support of the heir of Robert de la Mare, 10 marks.
Et remanet .mdiiij xx xviij.li. .vi. s. .vij. d. And £1,598 6 s . 7 d . remains.
Broket. Broket.
De firma terrarum ducis Norff' .mm. marcis. From the farm of the lands of the duke of Norfolk, 2,000 marks.
Cawode. Cawood.
De aliis diversis firmis in manibus regis diversis de causis existentibus summam .xl. s. per annum excedentibus .ix c iiij xx iij.li. .vij. s. .v. d. ob' qu'. From several other farms in the king's hands for various reasons which exceed the sum of 40 s . per year, £983 7 s . 5 d . halfpenny farthing.
Inde in annuitatibus .lxxix.li. .x. s. On annuities thereupon, £79 10 s .
Et remanet .ix c iij.li. .xvij. s. .v. d. ob' qu'. And £903 17 s . 5 d . remains. halfpenny farthing.
Cawode. Cawood.
De firmis subsidiorum et ulnagiorum pannorum venalium .vij c xx.li. .x. s. .i. d. From the farms of subsidies and aulnage of cloth for sale, £720 li . 10 s . 1 d .
Inde in annuitatibus .dxlij.li. .vi. s. From which £542 6 s . on annuities.
Et remanet .clxxviij.li. .iiij. s. .i. d. And £178 4 s . 1 d . remains.
Cawode. Cawood.
De exitibus hanaperii a primo die Septembris anno .x. o usque eundem diem anno .xi. o , .m. .vi c lxviij.li. .iij. s. .iiij. d. From the issues of the hanaper from 1 September in the tenth year [1431] until the same day in the eleventh year [1432], £1,668 3 s . 4 d .
Inde in vadiis, feodis et vesturis cancellarii et aliis de cancellario necnon diversis annuitatibus inde concessis .mdxxx.li. .x. s. .viij. d. ob'. From which on the wages, fees and vestments of the chancellor and others in the chancery and also various annuities granted thereupon, £800 10 s . 8 d . halfpenny.
Et remanet .cxxxvij.li. .xij. s. .vij. d. ob'. And £137 12 s . 7 d . halfpenny remains.
Cawode. Cawood.
De exitibus tunagorum regis infra turram regis London' ab ultimo die Martii anno .viij. o usque festum Sancti Michaelis anno .x. o per unum annum integrum et medium unius anni .iiij c lxv.li. .xix. s. .ix. d. qu'. From the issues of the king's tonnage within the king's Tower of London from the last day of March in the eighth year [1430] until Michaelmas in the tenth year [29 September 1431] for a whole year and a half year £465 19 s . 9 d . farthing.
Inde in feodis, vadiis et solutionibus .cclxxviij.li. .xi. s. .v. d. From which on wages and payments £278 11 s . 5 d .
Et remanet .iiij xx vij.li. .viij. s. .iiij. d. qu'. And £87 8 s . 4 d . farthing remains.
Cawode. Cawood.
De exitibus cambii infra civitatem London' per annum .c. marcis. From the issues of the exchange within the city of London, 100 marks per year.
Cawode. Cawood.
De exitibus cambii versus curiam Romanam scilicet de quolibet nobile .ij. d., videlicet pro uno anno .xx. marcis per estimationem, ut Stopyngdon' dicit. From the issues of the exchange with the Roman curia, namely 2 d . for each noble, that is an estimated 20 marks for one year, as Stopingdon says.
Cawode. Cawood.
De exitibus officii coronatoris marescali hospicii regis a festo Sancti Michaelis anno .ix. o usque idem festum proximum sequentem anno .x. o , .xxvi.li. .v. s. From the issues of the office of coronor of the marshalsea of the king's household from Michaelmas in the ninth year [29 September 1430] until the same feast in the tenth year [29 September 1431], £26 5 s .
Inde assignatur Johanni Norffolk .viij.li. From which £8 is assigned to John Norfolk.
Et remanet .xviij.li. .v. s. And £18 5 s . remains.
Cawode. Cawood.
De exitibus prioratum alienigenarum in manu regis existentibus .cclxxvij.li. .v. s. From the issues of alien priories at present in the king's hands, £277 5 s .
Inde in annuitatibus .lxxij.li. From which £72 on annuities.
Et remanet .ccv.li. .v. s. And £205 5 s . remains.
Cawode. Cawood.
De custumis vinorum de diversis mercatoribus alienigenis in diversis portubus Anglie, videlicet, .ij. s. de quolibet dolio vini ab ultimo die Septembris anno < .viij. o , usque ultimum diem Septembris anno > .x. o , videlicet pro duobus annis .cliij.li. .xiiij. s. From the wine custom from various alien merchants in several ports in England, namely 2 s . on each tun of wine from the last day of September in the eighth year [30 September 1429] until the last day of September in the tenth year [30 September 1431], that is £153 14 s . for two years.
Et sic per annum .lxxvi.li. .xvij. s. And thus £76 17 s . per year.
[p. iv-434]
[col. a]
Somer'. Somerset.
De exitibus et proficiis ducatus Cornub' .mm. .vij c iiij xx viij.li. .xiij. s. .iij. d. ob' qu'. From the issues and profits of the duchy of Cornwall, £2,788 13 s . 3 d . halfpenny farthing.
Inde in feodis, vadiis et annuitatibus diversis personis ex consessione regia consessis tam in feodis quam ad terminum vite, una cum reparacionibus et expensiis necessariis .mmdcxxxvij.li. .xij. s. .vi. d. ob'. From which on fees, wages and annuities granted to various persons by royal grant both in fee and for a term of life, together with repairs and necessary expenses, £2,637 12 s . 6 d . halfpenny.
Et remanet .cli.li. .ix. d. qu'. And £151 9 d . farthing remains.
Appelton', Everdon'. Appelton, Everdon.
De exitibus et proficiis comitatibus de Kermerd' et Cardig' in SouthWall' .mcxxxix.li. .xiij. s. .xi. d. From the issues and profits in the counties of Carmarthen and Cardigan in South Wales, £1,139 13 s . 11 d .
Inde in feodis, vadiis et annuitatibus diversis personis ex concessione regia concessis, una cum reparacionibus et aliis diversis expensis necessariis .dclxix.li. .viij. s. .vi. d. ob'. From which on fees, wages and annuities granted to various persons by royal grant, together with repairs and various other necessary expenses, £69 8 s . 6 d . halfpenny.
Et remanet .cccclxx.li. .v. s. .iiij. d. ob'. And £470 5 s . 4 d . halfpenny remains.
Geryn'. Geryn'.
De exitibus et proficiis comitatibus de Caerner' Meryon' in NorthWall' .miiij xx xvij.li. .xvij. s. .iij. d. From the issues and profits in the counties of Caernarfon and Merrioneth in north Wales, £1,097 17 s . 3 d .
Memorandum quod deducendum sunt in anno futuro pro vadiis duorum capitanorum utroque ad .vij. d. per diem, et .liiij. solidarum quolibet ad .iiij. d. per diem, ultra etc. Note that there is to be deducted in future years the wages of two captains both at 7 d . a day, and 54 soldiers each at 4 d . a day, in addition to, etc.
Memorandum de .vij m xxix.li. .vij. s. .i. d. ob' assignatis Johanni Radclyff' per litteras regis patentes. Note of £7,029 7 s . 1 d . halfpenny assigned to John Radcliffe by the king's letters patent.
Inde in feodis, vadiis et annuitatibus diversis personis ex concessione regia concessis una cum reparacionibus et aliis diversis expensiis necessariis .dvi.li. .xviij. s. .xi. d. ob'. From which on fees, wages and annuities granted to various persons by royal grant, together with repairs and various other necessary expenses, £506 18 s . 11 d . halfpenny.
Et remanet .diiij xx x.li. .xviij. s. .iiij. d. And £590 18 s . 4 d . remains.
Geryn'. Geryn'.
De exitibus et proficiis comitatu Cestr' .vij c lxiiij.li. .x. s. .ij. d. ob' qu'. From the issues and profits in Cheshire, £764 10 s . 2 d . halfpenny farthing.
Inde in feodis, vadiis et annuitatibus diversis personis ex concessione regia concessis una cum reparacionibus et aliis diversis expensis necessariis .dccxix.li. .xix. s. .vi. d. ob' qu'. From which on fees, wages and annuities granted to various persons by royal grant, together with repairs and various other necessary expenses, £719 19 s . 6 d . halfpenny farthing.
Et remanet .xliiij.li. .x. s. .viij. d. And £44 10 s . 8 d . remains.
Item, Willelmo [sic: read 'Willelmus'] Porter chivaler habet manerium de Shoteswyk in valente .l. marcis per annum. Also William Porter, knight, has the manor of Shotwick, worth 50 marks per year.
Geryn'. Geryn'.
De exitibus et proficiis terrarum Hibern' .mm. .iij c xxxix.li. .xviij. s. .vi. d. From the issues and profits of the land of Ireland, £2,339 18 s . 6 d .
Et in feodis, vadis et annuitatibus diversis personis ex concessione regia concessis, una cum reparacionibus et aliis expensiis necessariis .mm. .iij c lviij.li. .xv. s. .xi. d. ob'. And on fees, wages and annuities granted to various persons by royal grant, together with repairs and various other necessary expenses, £2,358 15 s . 11 d . halfpenny.
Et sic excedit .xviij.li. .xvij. s. .v. d;. ob'. And thus there is a deficit of £18 17 s . 5 d . halfpenny.
Somer'. Somerset.
De exitibus et proficiis ducatus Lancastr' .iiij m ix c lij.li. .xiij. s. .iij. d. qu'. From the issues and profits of the duchy of Lancaster, £4,952 13 s . 3 d . farthing.
Inde in expensiis anualibus .diiij xx vi.li. .xi. s. .vi. d. ob' di' qu'. From which on annual expenses, £586 11 s . 6 d . halfpenny half farthing.
Feodis et vadiis ministrorum .vi c lxxi.li. .xiij. s. .xi. d. ob'. On officer's fees and wages, £671 13 s . 11 d . halfpenny.
In annuitatibus .viij. c lxvi.li. .xiij. d. On annuities, £866 13 d .
Reparationibus .cccxxvi.li. .xi. s. .vij. d. ob' qu'. On repairs, £326 11 s . 7 d . halfpenny farthing.
Katerine regine Anglie .lxxviij.li. .iiij. s. .vi. d. For Katherine, queen of England, £78 4 s . 6 d .
Justiciis ad pacem .xv.li. .ij. s. For the justices of the peace, £15 2 s .
Et remanet .mm. .iiij c viij.li. .viij. s. .vi. d. qu' et di'. And £2,408 8 s . 6 d . farthing and a half farthing.
Somer'. Somerset.
De exitibus ducatus regis Aquitan' per annum .viij c viij.li. .ij. s. .ij. d. qu'. From the issues of the king's duchy of Aquitaine per year, £808 2 s . 2 d . farthing.
Et in feodis, vadiis et annuitatibus diversis personis ex concessione regia una cum reparationibus ac aliis expensiis necessariis necnon diversis petitionibus pendentibus nondum discussis per annum .vij c xxxj.li. .xvij. d. ob'. And on fees, wages and annuities to various persons by royal grant, together with repairs and other necessary expenses, and also for several petitions pending and not yet discussed, £731 17 d . halfpenny farthing per year.
Et remanet .lxxvij.li. .viij. d. ob' qu'. And £77 8 d . halfpenny farthing remains.
Geryn'. Geryn.
De reventionibus ville et merche Cales' .mm. .viij c lxvi.li. .xij. d. ob' qu'. From the revenue of the town and march of Calais, £2,866 12 d . halfpenny farthing.
Et in vadiis, feodis, regardis, annuitatibus, reparationibus et aliis expensis necessariis .xi m ix c xxx.li. .xvi. s. .vij. d. qu'. And on wages, fees, regards, annuities, repairs and other necessary expenses, £11,930 16 s . 7 d . farthing.
Et < sic excedit > .ix m lxiiij.li. .xv. s. .vi. d. ob'. And thus there is a deficit of £9,064 15 s . 6 d . farthing.
Broket. Broket.
De finibus, releviis et amerciamentis de scaccario .c.li. From the fines, reliefs and amercements of the exchequer, £100.
Somer'. Somerset.
De exitibus et reventionibus castri de Wyndesore .ccvij.li. .xvij. s. .v. d. qu'. From the issues and revenues of Windsor castle, £207 17 s . 5 d . farthing.
Et in vadiis, feodis, reparationibus, misis, custodiis et expensiis .cciiij. xx li. .v. s. .x. d. ob'. And on wages, fees, repairs, outlays, custodies and expenses, £280 5 s . 10 d . halfpenny.
Et sic excedit .lxxij.li. .viij. s. .v. d. And thus there is a deficit of £72 8 s . 5 d .
Summa totalis reventionum supradictarum per annum preter reventiones ducatus Lancastr' ac manerium de Shoteswyk concessunt Willelmo < Porter > in valorem .l. marcis per annum, .viij m ix c iiij xx x.li. .xvij. s. .vi. d. Sum total of the abovesaid revenue per year, except for the revenues of the duchy of Lancaster and the manor of Shotwick granted to William Porter worth 50 marks per year, £8,990 17 s . 6 d .
[p. iv-435]
[col. a]
De quibus deducendis sunt .diiij. xx li. .xviij. s. .iiij. d. de reventionibus partium NorthWall' supradictis assignatis Johanni Radclyff' per litteras regis patentes per annum quousque persolvatur de .vij m xxix.li. .vij. s. .i. d. ob'. From which £580 18 s . 4 d . per year is to be deducted from the revenues of the abovesaid part of north Wales assigned to John Radcliffe by the king's letters patent until £7,029 7 s . 1 d . halfpenny is paid.
Et sic remanet .viij m ccciiij xx xix.li. .xix. s. .ij. d. And thus £8,399 19 s . 2 d . remains.
Item memorandum de shirk et shirklandes. Memorandum about Chirk and Chirklands.
Item de vacationibus temporalibus episcopatum. Also about the temporalities of vacant dioceses.
Item de exitibus scrutinii. Also about the issues of searching in records.
Item de releviis et finibus. Also about reliefs and fines.
Mb. 1d of schedule.
Anno .ix. o In the ninth year.
De custuma lanarum ac parva custuma a festo Sancti Michaelis anno .ix. o usque festum Sancti Michaelis anno .x. o , .vij m vij c iiij. xx li. .iij. s. .i. d. ob'. From the wool custom and petty custom from Michaelmas in the ninth year [29 September 1430] until Michaelmas in the tenth year [29 September 1431], £7,780 3 s . 1 d . halfpenny.
De subsidiis lanarum per idem tempus .xx m cli.li. .xiij. s. .iij. d. qu'. From the subsidy on wool for the same period, £20,151 13 s . 3 d . farthing.
De subsidiis tonagiorum et pondagiorum per idem tempus .vi m ix c xx.li. .xiiij. s. .v. d. From the subsidy on tonnage and poundage for the same period, £6,920 14 s . 5 d .
Summa totalis: .xxxiiij m viij c lij.li. .x. s. .ix. d. ob' qu'. Sum total: £34,852 10 s . 9 d . halfpenny farthing.
Anno .x. o In the tenth year.
De custuma lanarum ac parva custuma a festo Sancti Michaelis anno .x. o usque festum Sancti Michaelis proximum sequentem .vi m ix c iiij xx xvi.li. .xvi. s. ob' qu'. From the wool custom and the petty custom from Michaelmas in the tenth year [29 September 1431] until the following Michaelmas [29 September 1432], £6,996 16 s . 0 d . halfpenny farthing.
De subsidiis lanarum per idem tempus .xvi m viij c viij.li. .vij. s. .ix. d. ob'. From the subsidy on wool for the same period, £16,808 7 s . 9 d . halfpenny.
De subsidiis tonagiis et pondagiis per idem tempus .vi m ix c iiij xx xviij.li. .xvij. s. .x. d. From the subsidy on tonnage and poundage for the same period, £6,998 17 s . 10 d.
Summa totalis: .xxx m viij c iiij.li. .xx. d. qu'. Sum total: £30,804 20 d . farthing.
Anno .xi. o In the eleventh year.
De custuma lanarum ac parva custuma a festo Sancti Michaelis anno .xi. o usque festum Sancti Michaelis anno .xij. o preter Novum Castrum .vi m xlviij.li. .viij. d. From the wool custom and petty custom from Michaelmas in the eleventh year [29 September 1432] until Michaelmas in the twelfth year [29 September1433], except for Newcastle, £6,048 8 d .
De subsidiis lanarum per idem tempus .xiiij m cclix.li. .ij. s. .iij. d. qu'. From the subsidy on wool for the same period, £14,259 2 s . 3 d . farthing.
De subsidiis tonagiis et pondagiis per idem tempus .vi m cciij.li. .xviij. d. From the subsidy on tonnage and poundage for the same period, £6,203 18 d .
Summa totalis: .xxvi m dx.li. .iiij. s. .v. d. qu'., preter Novum Castrum. Sum total: £26,510 4 s . 5 d . farthing, except for Newcastle.
Et sic summam unius anni per medium uno anno computato cum alio .xxx m vij c xxij.li. .v. s. .vij. d. ob' qu'. And thus the total of one year on average with one year reckoned against another is £30,722 5 s . 7 d . halfpenny farthing.
Inde in feodis, custodiis et concessionibus ac annuitatibus de custodiis predictis concessis .iij m vij c lvi.li. .ij. s. .ix. d. qu'. From which on fees, custodies and grants and annuities granted on the aforesaid custodies, £3,756 2 s . 9 d . farthing.
Et remanet .xxvi m ix c lxvi.li. .ij. s. .x. d. ob'. And £26,966 2 s . 10 d . halfpenny remains.
Mb. 2 of schedule.
Onera inde annuatim supportanda. Charges to be supported annually thereupon.
Hospitium, camera, garderoba, opera regis et reparationes castri de Wyndesore. The household, chamber, wardrobe, king's works and repairs of Windsor castle.
Pro hospitio regis per estimationem factam per thesaurarium hospitii anni preteriti .x m ix c lxxviij.li. .xij. s. .xi. d. ultra vina de [eximio] que se extendunt ad .iiij xx xv.li. per estimationem. For the king's household by an estimate made of the household of past year by the treasurer, £10,978 12 s . 11 d ., besides fine wines which he himself values at an estimated £95.
Item pro camera regis .m. marcis. Also 1,000 marks for the king's chamber.
Item pro garderoba regis .mccc.li. Also £1,300 for the king's wardrobe.
Item pro operibus regis .dclxvi.li. .xiij. s. .iiij. d. Also £666 13 s . 4 d . for the king's works.
Item pro reparatione castri de Wyndesore .c. marcis. Also 100 marks for the repair of Windsor castle.
Summa: .xiij m dclxxviij.li. .xij. s. .xi. d. Total: £13,678 12 s . 11 d .
Annuitates, feoda, regarda dominiorum et aliorum ad scaccarium. Annuities, fees, and regards of the lords and others at the exchequer.
Katerine regine Anglie .mmcxxiiij.li. .xviij. s. .i. d. ob'; Johanne regine .d. marcis; Johanni duci Bedford' .m. marcas; Humfrido duci Glouc' .d. marcis; Ricardo duci Ebor' .ciiij.li. .xix. s. .iiij. d. ob'; duci Bavarr' .m. marcis; Margarete ducisse Clarencie .dcxv.li. .xi. s. .i. d. ob'; Johanne ducisse Ebor' .iiij xx xiiij.li. .viij. s. .x. d. ob'; Johanni comiti Somers' .d. marcis; Johanni comiti Hunt' .cxxiij.li. .vi. s. .viij. d.; comiti Suff' et Alicie uxori ejus .c.li.; et aliis diveris personis annuitates ad scaccarium regis habentibus .ij m lix.li. .xij. s. .i. d. ut patet per particulas: .vij m dlvi.li. .ij. s. .i. d. To Katherine, queen of England, £2,124 18 s . 1 d . halfpenny; Queen Joan, 500 marks; John, duke of Bedford, 100 marks; Humphrey, duke of Gloucester, 500 marks; Richard, duke of York, £104 19 s . 4 d . halfpenny; the duke of Bavaria, 1,000 marks; Margaret, duchess of Clarence, £615 11 s . 1 d . halfpenny; Joan, duchess of York, £94 8 s . 10 d .; John, earl of Somerset, 500 marks; John, earl of Huntingdon £123 6 s . 8 d .; the earl of Suffolk and Alice his wife, £100; and £2,059 12 s . 1 d . to various other persons who have annuities at the king's exchequer, as is clear by the particulars: £7,556 2 s . 1 d .
Item pro regardis custumariorum et contrarotulatorum ut patet per particulas .diiij xx ij.li. .vi. s. .viij. d. Also for the regards of customs officers and controllers as is clear by the particulars. £582 6 s . 8 d .
Item comiti Hunt' constabulario Turris London' de feodis .c.li. Also to the earl of Huntingdon, constable of the Tower of London, £100 as fees.
Item pro vadiis thesaurarii Anglie, custodis privati sigilli, justiciarum de utroque banco, baronum de scaccario et aliorum officiarum curie regis, necnon pro aliis causis eisdem curiis necessariis, ut patet per particulas .mm. .ix c xiiij.li. .ij. s. .v. d. Also for the wages of the treasurer of England, the keeper of the privy seal, the justices of both Benches, the barons of the exchequer and other officers of the king's court, and also for other necessary things in the same courts, as is clear by the particulars, £2,914 2 s . 5 d .
Summa: .xi m clij.li. .xij. s. Total: £11,152 12 s .
[p. iv-436]
[col. a]
Pro Hibernia, mercha Scotie, Aquitannia et Frounsake. For Ireland, the march of Scotland, Aquitaine and Fronsac.
Item pro custodia terrarum Hibernie .iiij. m marcis. Also for the keeping of the land of Ireland, 4,000 marks.
Item pro custodia Estmerche versus Scotiam tempore pacis, .mmdlxvi.li. .xiij. s. .iiij. d. Also for the keeping of the east march towards Scotland in a time of peace, £2,566 13 s . 4 d .
Item pro custodia Westmerche versus Scotiam tempore pacis, .mccl.li. Also for the keeping of the west march towards Scotland in a time of peace, £1,250.
Item pro custodia castri de Rokesburgh' tempore pacis, .m.li. Also for the keeping of Roxburgh castle in a time of peace, £1,000.
Tempore guerre duplex. Double in a time of war.
Item pro vadiis Johannis Radclyff' chivaler, senescallis Aquitannie, ad .iiij. s. per diem, ac vadiis .cc. sagittarorum cujuslibet ad .xx. marcas per annum, .mm < dccxxxix.li. .x > iij. s. .iiij. d. Also for the wages of John Radcliffe, knight, steward of Aquitaine, at 4 s . a day, and the wages of 200 archers, each at 20 marks per year, £2,739 13 s . 4 d .
Item pro custodia castri de Frounsake, .dclxvi.li. .xiij. s. .iiij. d. Also for the keeping of Fronsac castle, £666 13 s . 4 d .
Summa: .x. m viij c iiij xx ix.li. .xiij. s. .iiij. d. Total: £10,889 13 s . 4 d .
Regarda et alias concessiones ad voluntatem regis. Regards and other grants at the king's will.
Humfrido duci Glouc', .v. m marcis. To Humphrey, duke of Gloucester, 5,000 marks.
Item diversis dominis pro attendentiis suis consilio regis videlicet, archiepiscopo Cantuar' .cc.li.; archiepiscopo Ebor' .cc.li.; cancellario Anglie .cc.li.; episcopo Lincoln' .cc. marcis; episcopo Elien' .cc. marcis; episcopo Roffens' .cc. marcis; comiti Stafford' .cc. marcis; comiti Suff' .cc. marcis; thesaurario Anglie .cc. marcis; Johanni domino le Scrop' .c.li.; Waltero domino Hungerford' .c.li.; Johanni domino de Tiptot .c.li. et Willelmo Phelipp' .c.li.: .mdccc.li. Also to various lords for their attendance on the king's council, namely, to the archbishop of Canterbury, £200; the archbishop of York, £200; the chancellor of England, £200; the bishop of Lincoln, 200 marks; the bishop of Ely, 200 marks; the bishop of Rochester, 200 marks; the earl of Stafford, 200 marks; the earl of Suffolk, 200 marks; the treasurer of England, 200 marks; John, Lord Scrope, £100; Walter, Lord Hungerford, £100; John, Lord Tiptoft, £100, and William Phelip, £100: £1,800.
Egidio filio ducis Britannie, .ccl. marcis. To Giles, son of the duke of Brittany, 250 marks.
Item comiti Warr' pro attendenda sua circa personam regis, .ccl. marcis. Also to the earl of Warwick for his attendance around the king's person, 250 marks.
Item pro vadiis trium leonum cujuslibet ad .vi. d. per diem ac vadiis custodis eorumdem ad .vi. d. per diem, .xxvi.li. .x. s. Also for the wages of three lions, each at 6 d . a day, and the wages of their keeper at 6 d . a day, £26 10 s .
Summa: .v m diij.li. .iij. s. .iiij. d. Total: £5,503 3 s . 4 d .
Expensa prisonarum, reparationes navium, regarda garcionum infra hospitium et cameram regis, ambassiatorum et nuntiorum. Expenses of prisoners, repairs of the navy, regards of grooms in the king's household and chamber, of ambassadors and nuncios.
Item pro custodia et reparatione navium regis, .c.li. Also for the keeping and repair of the king's navy, £100.
Item pro expensiis ducis Orlien' ad .xiij. s. .iiij. d. per diem, per annum .ccclxv. marcas. Also for the expenses of the duke of Orleans at 13 s . 4 d . a day, 365 marks per year.
Item pro expensiis ducis de Burbon', .cccc. marcis. Also for the expenses of the duke of Bourbon, 400 marks.
Item pro expensiis comitis de Ewe, .clx.li. Also for the expenses of the count of Eu, £160.
Item garcionibus et pagettis infra hospitium regis de regardis, .c.li. Also for the regards of the grooms and pages in the king's household, £100.
Item diversis ambassiatoribus tam de regno exeuntibus quam in regnum venientibus, .mm. .vi c xxvi.li. .xiij. s. .iiij. d. Also to various ambassadors both leaving and entering the realm, £2,626 13 s . 4 d .
Item diversis nunciis missis tam extra regnum quam infra regnum Anglie per estimationem, .cc.li. Also to various messengers sent both beyond the realm and within the realm of England, £200 by estimate.
Item garcionibus et pagettis de camera regis de regardis, .xl. marcis. Also for the regards of the grooms and pages of the king's chamber, 40 marks.
Summa: .iij m vij c xxiij.li. .vi. s. .viij. d. Total: £3,723 6 s . 8 d .
Cales'. Calais.
Item pro vadiis, feodis, regardis, annuitatibus, reparationibus, et aliis expensis Cales' et merche ibidem, .xi m ix c xxx.li. .xvi. s. .vij. d. qu'. Also for the wages, fees, regards, annuities, repairs and other expenses of Calais and the march there, £11,930 16 s . 7 d . farthing.
Memorandum ad providendum pro regno Francie. Remember to provide for the realm of France.
Item pro Aquitannia. Also for Aquitaine.
Item pro custodia maris. Also for the keeping of the sea.
Item pro reparatione de Nywenham brigge. Also for the repair of Newnham bridge
Summa totalis: .lvi m viij c lxxviij.li. .iiij. s. .x. d. qu'. Sum total: £56,878 4 s . 10 d . farthing.
Et sic onera excedunt reventiones ultra custagia et subsidia per .xlvij m viij c iiij xx vij.li. .vij. s. .iiij. d. qu'. And the charges exceed the revenues, over and above the customs and subsidies, by £47,887 7 s . 4 d . farthing.
Mb. 3 of schedule.
Providendum est pro summis subscriptis diversis personis per dominum regem debitis. Provisions to be made for sums written above owed by the king to certain persons.
Debita hospitii, garderobe et clerici operationum regis. Debts of the king's household, wardrobe and clerk of works.
Pro debitis hospitii regis tempore Johannis Hotoft' ultra assignatis sibi factis, .iij m ix c iiij xx xij.li. .ij. s. .viij. d. For the debts of the king's household made in the time of John Hotoft besides assignments made to him, £3,992 2 s . 8 d .
Item pro debitis ejusdem hospitii tempore Johannis Tuell' ultra assignatis sibi factis, .vij c lxxiij.li. .xij. s. .vij. d. ob'. Also for the debts of the same household made in the time of John Tuell besides assignments made to him, £773 12 s . 7 d . halfpenny.
Item pro debitis in officio garderobe regis ultra assignatis sibi factis, .ccciiij xx xiij.li. .vi. s. .v. d. Also for the debts made in the office of the king's wardrobe besides assignments made to him, £393 6 s . 5 d .
Item pro debitis in officio clerici operationum regis ultra assignatis sibi factis, .ccxv.li. .vij. s. .xi. d. Also for the debts made in the office of the clerk of the king's works besides those assigned to it, £215 7 s . 9 d .
Item diversis personis de hospitio regis pro vadiis guerre tam tempore Johannis Hotoft' quam tempore Johannis Tuell', .v m vij c xxvi.li. .x. s. .xi. d. ob'. Also to various persons of the king's household for the wages of war both in the time of John Hotoft and in the time of John Tyrell, £5,726 10 s . 11 d . halfpenny.
Inde tempore Johannis Hotoft', .mmccciiij xx v.li. .iiij. s. .ix. d. Of which in the time of John Hotoft, £2,385 4 s . 9 d .
Tempore Johannis Tuell', .mmmcccxli.li. .vi. s. .ij. d. ob'. In the time of John Tuell, £3,341 6 s . 2 d .
Summa: .xi m ci.li. .vij. d. Total: £11,101 7 d .
[p. iv-437]
[col. a]
Annuitates et feoda. Annuities and fees.
Item, pro Katerina regina Anglie et aliis diversis personis de annuitatibus suis ad scaccarium regis percipiendis, videlicet, pro termino Sancti Michaelis ultimo preterito, .mmm. .ix c xi.li. .viij. s. .i. d. ob'. Also for Katherine, queen of England, and various other persons who receive their annuities at the king's exchequer, that is for the last Michaelmas term, £3911 8 s . 1 d . halfpenny.
Item, pro duce Bed' pro certo suo [sic: read 'certa sua'] annuitate ante festum Sancti Michaelis ultimo preterito, .m. marcis. Also for the duke of Bedford for his fixed annuity to Michaelmas last, 1,000 marks.
Item, pro duce Glouc' de .d. marcis annuatim usque festum Michaelis anno .xi. o regis nunc, .ccciiij xx vi.li. .x. s. vij. d. ob'. Also for the duke of Gloucester's 500 marks annually to Michaelmas in the eleventh year of the present king, £386 10 s . 7 d . halfpenny.
Item, pro duce Bavarr' de .m. marcis annuatim, videlicet, pro termino Pasche anno .vij. o , terminis Sancti Michaelis et Pasche annis .viij. o , .ix. o , .x. o et .xi. o regis nunc, .mmm.li. Also for the duke of Bavaria's annuity of 1,000 marks, that is for Easter term in the seventh year [1429], Michaelmas and Easter terms in the eighth, ninth, tenth and eleventh years of the present king [1429-1433], £3,000.
Item, ducisse Clarenc' de certa sua annuitate ante festum Sancti Michaelis ultimo preterito, .mccxxxiiij.li. .xviij. s. .viij. d. Also for the duchess of Clarence for her fixed annuity to Michaelmas last [29 September 1433], £1,234 18 s . 8 d .
Item, Johanni comiti Somers' de .d. marcis annuatim ante festum Michaelis ultimo preterito, .m.li. Also for John, earl of Somerset's 500 marks annually to Michaelmas last [29 September 1433], £1,000.
Item, Hartank van Clux de denariis sibi debitis ante festum Michaelis ultimo preterito, .xl.li. Also for the money owed to Hartank van Clux to Michaelmas last [29 September 1433], £40.
Item, Johanni Melton chivaler de certo [sic: read 'certa'] sua annuitate ante festum Michaelis ultimo preterito, .lxxv.li. Also for John Melton, knight, for his fixed annuity to Michaelmas last [29 September 1433], £75.
Item, Johanni Hogekyns de certo [sic: read 'certa'] sua annuitate ante festum Michaelis ultimo preterito, .xxiiij.li. vi. s. .viij. d. Also for John Hodgkins for his fixed annuity to Michaelmas last [29 September 1433], £24 6 s . 8 d .
Item, Radulpho domino Cromwell', thesaurario Anglie, pro vadiis et regardis suis ab .xi. o die Augusti anno .xi. o regis Henrici .vi. ti , usque festum Michaelis proximo sequens, scilicet per .l. dies, .l.li. .iiij. s. .vi. d. Also for Ralph, Lord Cromwell, treasurer of England, for his wages and regards from 11 August in the eleventh year of King Henry the sixth [1433] until the following Michaelmas [29 September 1433], that is for 50 days, £50 4 s . 6 d .
Item, pro vadiis custodii privati sigilli regis usque festum Michaelis anno .xij. o , .ccvi.li. .xij. s. .iij. d. Also for the wages of the keeper of the king's privy seal until Michaelmas in the twelfth year [29 September 1433], £206 12 s . 3 d .
Item, pro diversis justiciariis et aliis officialibus curie regis pro termino Michaelis ultimo preterito, .dcciiij. xx li. Also for various justices and other officers of the king's court for the last Michaelmas term, £780.
Item, pro Johanne Martyn justiciario de denariis sibi debitis ante festum Michaelis, .lxxv.li. Also for the money owed to John Martin, justice, before Michaelmas, £75.
Item, pro Willelmo Goderide serviente regis ad leges ante festum Michaelis, .l.li. Also for William Goderide, the king's serjeant-at-law, before Michaelmas, £50.
Item, diversis personis de denariis eis debitis de annuitatibus suis percipiendis per manus custumariorum ad scaccarium regis computantium ultra summam Ricardo duci Ebor' debitis, .vij m vij c xxiij.li. .xvij. s. .vij. d. ob'. Also for the money owed to various persons for their annuities to be received through the customs officers accounting at the king's exchequer besides the sum owed to Richard, duke of York, £7,723 17 s . 7 d . halfpenny.
Summa: .xix m ccxxiiij.li. .xi. s. .ix d. ob'. Total: £19,224 11 s . 9 d . halfpenny.
Denarios mutuatos. Money loaned.
Item, pro domino cardinali pro denariis mutuatis, .x m marcis. Also for the lord cardinal for money loaned, 10,000 marks.
Item, pro comite Warr' pro vadiis soldatorum de Meux in Brye, .mdiiij. xx li. .xiij. s. .iiij. d. Also for the earl of Warwick for the wages of the soldiers at Meaux in Brie, £1,580 13 s . 4 d .
Item, pro comite Hunt' de regardo speciali, .vij. c marcis. Also for the earl of Huntingdon for a special regard, 700 marks.
Item, pro feoffatis ducatus Lancastr' pro denariis ab eis mutuatis pro qua summa sic ab eis mutuata portus Sutht' eis assignatur, .vi m xxviij.li. .xiij. s. .vij. d. ob'. Also for the feoffees of the duchy of Lancaster for the money loaned by them, for which sum thus loaned by them the port of Southampton is assigned to them, £6,028 13 s . 7 d . halfpenny.
Item, pro duce Bed' et cancellario Francie pro illis denariis pro quibus diversi domini de consilio regis illis tenentur, .mm.li. Also for the duke of Bedford and chancellor of France for that money for which various lords of the king's council are bound, £2,000.
Item, Ricardo Bukland', thesaurario Cales' pro denariis ab eo mutuatis, .cc.li. Also for Richard Buckland, treasurer of Calais, for the money loaned by him, £200.
Item, pro majore et aliis mercatoribus stapule denariis mutuatis per litteras regis patentes, .mm. .ix c xviij.li. .xij. s. .x. d. Also for the mayor and other merchants of the staple for money loaned by the king's letters patent, £2,918 12 s . 10 d .
Summa: .xix m viij c lxi.li. .vi. s. .v. d. ob'. Total: £19,861 6 s . 5 d . halfpenny.
Regarda et alias concessiones ad voluntatem regis et superplusagia. Regards and other grants at the king's will and the surplus.
Item, pro duce Gloucestr' de .ij. m , .v. m , ac .vi. m marcis annuatim per diversa waranta usque festum Sancti Michaelis anno .xi. o regis nunc, .dcclxij.li. .xiij. s. .ij. d. Also for the duke of Gloucester from 2,000, 5,000, and 6,000 marks annually by various warrants until Michaelmas in the eleventh year of the present king [29 September 1432], £762 13 s . 2 d .
Item, pro diversis dominis pro attendentibus suis consilio regis pro termino Sancti Michaelis ultimo preterito, comite Suff' excepto, .dccxvi.li. .xiij. s. .iiij. d. Also for various lords for their attendance on the king's council for the last Michaelmas term, the earl of Suffolk excepted, £716 13 s . 4 d .
Item, comiti Warr' de .ccl. marcis sibi concessis pro attendentia sua circa personam regis, .ciiij xx xix.li. Also to the earl of Warwick from 250 marks granted to him for his attendance around the king's person, £199.
Item, Radulpho Rocheford' chivaler de .c. marcis ann[uitatibus] pro attendentia sua circa personam regis ante festum Sancti Michaelis ultimo preterito, .c. marc[is]. Also to Ralph Rocheford, knight, from a 100 marks annuity for his attendance around the king's person before Michaelmas last [29 September 1433], 100 marks.
Item, Ricardo Caudrey clerico consilii regis, .xl. marcis. Also to Richard Caudrey, clerk of the king's council, 40 marks.
Item, pro comite Suff' pro attendentia sua consilio regis pro uno anno integro, .cc. marc[is]. Also for the earl of Suffolk for his attendance on the king's council for a whole year, 200 marks.
Item, Johanni Stanley armigero, per breve de privato sigillo, .x.li. Also to John Stanley, esquire, by writ of the privy seal, £10.
[p. iv-438]
[col. a]
Item, diversis custumariis et contrarotulatoribus de regardis suis pro anno ultimo preterito finiente ad festum Sancti Michaelis ultimo preterito, .diiij xx ij.li. .vi. s. .viij. d. Also for the regards of various customs officers and controllers for the last year ending at Michaelmas last [29 September 1433], £582 6 s . 8 d .
Item, magistro Willelmo Sprever de quodam superplusagio suo nuper misso in ambassiata versus regem de Denmark', per compotem secum factum anno .x. o regis nunc, .cclviij.li. .xi. s. .vi. d. Also to Master William Sprever recently sent in an embassy towards the king of Denmark, in surplus by account made in the tenth year of the present king, £258 9 s . 6 d .
Item, domino d'Audeley in persolutionem .cccc. marcarum de quodam regardo .cccc. marcarum sibi concesso, .cc. marc[is]. Also for Lord Audley in full payment of 400 marks from a certain regard of 400 marks granted to him, 200 marks.
Summa: .mm. .viij c iiij xx ix.li. .v. s. Total: £2,889 5 s .
Custus et expensa prisonariorum. The costs and expenses of prisoners.
Item, pro comite Hunt' pro expensis comitis de Ewe, .iiij. xx li. Also for the earl of Huntingdon for the expenses of the count of Eu, £80.
Item, pro Thoma Cumberworth' pro expensis ducis de Burbon' usque festum Sancti Michaelis anno .xij. o , .ciij.li. .vi. s. .iij. d. Also for Thomas Cumberworth for the expenses of the duke of Bourbon until Michaelmas in the twelfth year [29 September 1433], £103 6 s . 3 d .
Item, pro comite Suff' pro expensis ducis Orlien' capientis per diem .xiij. s. .iiij. d., videlicet a .xxix. o die Augusti anno .xi. o usque ultimo diem Septembris anno .xij. o , .cclxiiij.li. .xiij. s. .iiij. d. Also for the earl of Suffolk for the expenses of the duke of Orleans, taken at 13 s . 4 d . a day, that is from 29 August in the eleventh year [1433] until the last day of September in the twelfth year [1433], £264 13 s . 4 d .
Item, pro Roberto Scott nuper locumtenente Turris London' de quodam superplusagio suo per breve de privato sigillo, .dccvi.li. .v. s. .ij. d. ob'. Also for Robert Scott, late lieutenant of the Tower of London, from his surplus by a writ of privy seal, £706 5 s . 2 d . halfpenny.
Summa: .mcliiij.li. .iiij. s. .ix. d. ob'. Total: £1,154 4 s . 9 d . halfpenny.
Antiqua debita, videlicet Cales', merche Scotie, Aquitannie, Frounsak', et Hibernie. Old debts, namely of Calais, the march of Scotland, Aquitaine, Fronsac, and Ireland.
Item, pro antiquis debitis Cales', .xlv m c.li. .ix. s. .iij. d. Also for the old debts of Calais, £45,100 9 s . 3 d .
Unde tempore Rogeri Salvayn', .xvi m vi c xxxvi.li. .x. d. ob'. From which in the time of Roger Salvain, £16,636 10 d . halfpenny.
Tempore Merlawe nuper thesaurarii Cales' et Ricardi Cliderowe nuper vitellarii, .mmm.li. In the time of Merlaw, late treasurer of Calais, and Richard Clitheroe, late victualler, £3,000.
Tempore Ricardi Bukland' nunc thesaurarii, .xxv m iiij c lxiiij.li. .viij. s. .iiij. d. ob'. In the time of Richard Buckland, the present treasurer, £25,464 8 s . 4 d . halfpenny.
Item, pro est mercha pro uno quarterio anni, .vi c xli.li. .xiij. s. .iiij. d. Also for the east march for one quarter of a year, £641 13 s . 4 d .
Item, pro west mercha pro uno quarterio anni, .cccxij.li. .x. s. Also for the west march for one quarter of a year, £312 10 s .
Item, pro Rokesburgh' pro uno quarterio anni, .ccl.li. Also for Roxburgh for one quarter of a year, £250.
Item, pro Aquitannia et Frounsak', .v m ccclvij.li. .xij. s. .iiij. d. ob'. Also for Aquitaine and Fronsac, £5,357 12 s . 4 d . halfpenny.
Unde pro custodia castri de Frounsak', .ccccxij.li. .xx. d. ob'. From which for the keeping of Fronsac castle, £412 20 d . halfpenny.
Et pro vadiis suis ad .iiij. s. per diem, et .cc. sagittariis, cujuslibet ad .xx. marcas per annum, .iij m iiij c xxiiij.li. .x. s. .viij. d. And for his wages at 4 s . a day, and 200 archers, each at 20 marks per year, £3,424 10 s . 8 d .
Et de superplusagio suo tempore quo fuit constabulario civitatis Burdegal', .m. .vi c xxi.li. And from his surplus fromn the time he was constable of the city of Bordeaux, £1,621.
Item, pro Hibernia, .mmdxxiij.li. .vi. s. .viij. d. Also for Ireland, £2,703 6 s . 8 d .
Item, diversis personis per tallagia eis assignata prout patet per folia eorumdem remanentibus in scaccario nondum allocata, .lvi m cciiij xx viij.li. .x. s. .x. d. ob'. Also to various persons by tallies assigned to them as is clear by foils of the same which remain in the exchequer not yet allocated, £56,288 10 s . 10 d . halfpenny.
Unde de custumis et subsidiis .xlv m clxiiij.li. .xiij. s. .iiij. d. Out of customs and subsidies, £45,164 13 s . 4 d .
De reventionibus, .xi m cxxiij.li. .xvij. s. .vi. d. ob'. Out of revenue, £11,123 17 s . 6 d . halfpenny.
Summa: .cx m diiij xx iiij.li. .ij. s. .vi. d. Total: £110,584 2 s . 6 d .
Summa totalis: .clxiiij m viij c xiiij.li. .xi. s. .i. d. ob'. Sum total: £164,814 11 s . 1 d . halfpenny.
Memorandum de .iiij. c li. et plus debitis episcopo Roff' pro ambassiata sua. Memorandum of £400 and more owed to the bishop of Rochester for his embassy.
Item, memorandum de .mmcxix.li. .xiiij. s. .ij. d. debitis duci Bedford' per antiquas tallagia temporibus regum Henrici quarti et quinti. Note also of £2,119 14 s . 2 d . owed to the duke of Bedford by old tallies from the time of Kings Henry the fourth and fifth.
Item, memorandum de .mcij.li. .vi. s. .vi. d. qu' debitis ducisse Clarenc' de viagio anno tertio regis Henrici quinti pro quibus quidem denariis dicta ducissa habet diversas particulas cujusdam corone ei invadiatas. Note also of £1,102 6 s . 6 d . farthing owed to the duchess of Clarence for an expedition of the third year of King Henry the fifth [1415], for which money the said duchess has several parts of a certain crown pledged to her.
End of the schedule, the text now reverts to that on mb 11.
[col. a]
25. Item, prefatus thesaurarius postmodum exhibuit eidem domino regi in parliamento predicto quandam aliam petitionem suam, in hec verba: 25. Also, the aforesaid treasurer afterwards presented his other petition to the same lord king in the aforesaid parliament, in these words:
To the kyng oure soveraine lord, with all humblesse shewe I youre moste humble and trewe sugett Rauf Cromwell: howe that not long agoo it lyked youre highnes, by the avyse of my lordes youre uncles of Bedford' and Gloucetre, and the cardinall, and of all my lordes of youre counseil, to charge me with the occupation of thoffice of the tresorier of Englond; the which charge, in eschwyng of the displeser and indignation of your highnes, I receyved, under a certain [col. b] protestation; that is to saye, that y shuld mowe article certeine requestis, such as shuld be thought profitable to you, soveraigne lord, and to youre land, and lyke with Goddes grace to kepe me and my pore astate and worshipp unblemysshed, the said articles to be tendirly herde, spedde and executed, as reson wold. The which requestes, I folwyng my seid protestation, have put myn articles in writyng, and shewed to you, soverain lord, in this youre present parlement; in the which articles, among other thynges hit was shewed; howe sore ye wer charged and indetted unto youre peple what tyme I toke mye charge, howe grete youre yeerly charge was, howe small the revenuz of youre lond were, so [p. iv-439][col. a] that by no possibilitee they myght bere youre yeerly charge by grete sommes, but that þe yeerly moste renne in much gretter dette þan þe nowe stande in, oo lesse than other purveance wer made, that youre revenuz wer made gretter, or elles youre charge made smaller; for nowe daily many warantis come to me of paiementz, aswele for lordes, as for other divers persones, and dayly are lyke to doo, of much more than all youre revenuz wold come to, thowe they wer not assigned afore; where as hit aperith by youre bokes of record which have been shewed, that they been assigned nygh for this .ij. yeere next folowyng: the which warantes yf I shuld paye hem, youre household, chambre and warderope, and youre werkes, shuld be unservid and unpaide; and yf I paye hem not, I renne in grete indignation of my lordes, and grete sclandre, noyse and maugre of all youre peple, that bryng me eny warantes, the which wer to me to comberous and to hevy to bere. To the king our sovereign lord, I, Ralph Cromwell, your most humble and faithful subject, humbly petition: whereas it recently pleased your highness by the advice of my lords your uncles of Bedford and Gloucester and the cardinal, and of all my lords of your council, to charge me with the occupancy of the office of treasurer of England; which charge, in order to avoid the displeasure and indignation of your highness, I accepted under a certain [col. b] protestation; that is to say, that I should put forth certain requests in writing, such as should seem advantageous to you, sovereign lord and to your realm, and which, with God's grace, might keep me and my poor office and honour untarnished; the said articles to be favourably heard, enforced and executed, as reason allowed. Which requests, after my said protestation, I have articled in writing and presented to you, sovereign lord, in this your present parliament; in which articles it was shown, among other things, how sorely you were charged and indebted to your people at the time I undertook my office, how great your annual charge was and how small the revenues of your realm were, so [p. iv-439][col. a] that the revenues were unable, by a large amount, to bear your yearly charge but in most years there would be a much greater debt than that which now stands, unless other provision was made, your revenues were made greater, or else your charge was made smaller; for now many warrants come to me daily for payment both for the lords and for various other persons, and they amount daily to much more than all your revenues would come to even if they had not been assigned earlier, whereas it is clear from the record books which have been presented that they have now been assigned for the next two years: if I should pay such warrants, your household, chamber and wardrobe, and your works, shall be unprovided for and unpaid; and if I do not pay them I shall incur the great indignation of my lords, and the great slander, rumour and grudging of all your people who bring me any warrants which are too large and too onerous for me to bear.
Wherfore lyke youre highnes to commaunde my said lordes youre uncles, and the cardinall, and all the lordes of youre counsaill, to assigne and apointe a tyme, to attende and see your bokes of youre revenuz of your yeerly charges, and youre dettes that weren shewed in this said presente parlement, and therappon to appointe howe, and in what forme youre yeerly charges shuld be borne, and youre dettis y paied, and who shuld be preferred in payement, and who shull not, and who shuld be paied, and who shull not; for hit woll not atteine to contente half thoo persones that shewen warantes, though noon assignement were made before, ovir theym that swen warantis of grace, and other casuelx charges that fallen dayly, in eschwyng the inportable clamour and noyse that shuld renne uppon me, and grete indignation of my lordes, the which I may not bere in no wise; or ellis that hit like you of youre highnes to have me fully discharged of the said office: natwithstandyng that ther is no man on lyve, that wold with better wyll do you, soverain lord, trewe service, in this or eny occupation that hit lyke you to commande me, that I coude doo in eny wyse. Wherefore may it please your highness to command my said lords your uncles and the cardinal, and all the lords of your council, to assign and fix a time to inspect and look at your books of your revenues, of your annual charges, and your debts which were presented in this said present parliament, and thereupon to decide how, and in what form, your annual charges should be borne, and which of your debts I should pay, and who should be given preference in payment and who shall not, and who should be paid and who shall not; for it will not stretch to satisfy half of those persons who have presented warrants, even though no assignments were previously made other than to those who presented warrants of grace and for other casual charges which accrue daily, in order to avoid the unbearable clamour and protest that should rain upon me, and the great indignation of my lords, which I could not bear in any way; or else that it might please your highness to have me fully discharged of the said office: notwithstanding that there is no man living who would more willingly perform you, sovereign lord, faithful service in this or any occupation that it might please you to command me that I could do in any way.
Qua quidem petitione coram domino rege in parliamento predicto lecta, audita et intellecta, habitaque super materiis contentis in eadem deliberatione diligenti et matura, tandem de avisamento dominorum spiritualium et temporalium tunc presentium, petitio illa concessa fuit, et responsa in forma subsequenti: Which petition having been read, heard and understood before the lord king in the aforesaid parliament, and having had diligent and mature deliberation on the matters contained in the same, finally, with the advice of the lords spiritual and temporal who were then present, that petition was granted and answered in the form which follows:
The kyng will, that for divers causes moeved and declared in this petition, his uncles of Bed' and of Glouc', the cardinall, and other lordes of his counseill, assigne and appointe a tyme to attende and see the bokes of the kyngis revenuz, yeerly charges and dettes, lyke as hit is disired; and ther uppon to appoynte howe, and in what forme his yeerly charges shull be borne, and his dettes paied; and who shall be preferred in payement, and who not; lyke as it is desired be the same petition. The king wills that, on account of the various matters moved and declared in this petition, his uncles of Bedford and of Gloucester, the cardinal, and the other lords of his council shall assign and fix a time to inspect and look at the books of the king's revenues, annual charges and debts, as it is desired; and thereupon to decide how, and in what form, his annual charges shall be borne and his debts paid, and who shall be given preference in payment, and who shall not, as it is desired by the same petition.
[memb. 10]
Pro ducissa Bed'. On behalf of the duchess of Bedford.
26. Memorandum quod quedam petitio cum quadam cedula eidem annexa, exhibita fuit domino regi in presenti parliamento pro Jacoba < de Luxembourg ducissa > Bedford', sub eo qui sequitur tenore: 26. Be it remembered that a petition with a schedule attached to the same was presented to the lord king in the present parliament on behalf of Jacquetta of Luxembourg, duchess of Bedford, under that tenor which follows:
Placeat vestre regie magestati concedere, per auctoritatem parliamenti, vestre oratrici Jacobe de Luxembourg ducisse Bedfordie, vestras litteras graciosas patentes, secundum vim, formam et effectum unius cedule presenti bille annexe, gratis et libere absque ullo onere: May it please your royal majesty to grant, by the authority of parliament, your gracious letters patent to your petitioner Jacquetta of Luxembourg, duchess of Bedford, according to the force, form and effect of a schedule attached to the bill, out of kindness and freely without any charge:
Tenor vero cedule predicte sequitur in hec verba: The tenor of the aforesaid schedule truly follows in these words:
Rex omnibus ad quos presentes littere pervenerint, salutem. Sciatis quod de gratia nostra speciali, et de [col. b] avisamento et assensu consilii nostri in parliamento nostro existentis: concessimus et licentiam dedimus, pro nobis et heredibus nostris, quantum in nobis est, carissime amite nostre Jacobe de Luxembourg ducisse Bedford', in partibus Hanonie oriunde, quod ipsa, et heredes sui, extunc sint indigene, ac tractati, tenti et in omnibus reputati, sicut veri et fideles ligei nostri, infra regnum nostrum Anglie oriundi; et quod eadem ducissa, et heredes sui predicti, sint persone habiles, ad perquirendum, recipiendum et impetrandum, dandum, concedendum, alienandum, gaudendum et hereditandum, infra dictum regnum nostrum Anglie, terras, tenementa, redditus, advocationes, servitia, reversiones, et alias possessiones quascumque, adeo libere sicut aliquis alius ligeorum nostrorum, infra dictum regnum nostrum Anglie oriundorum. Habendum et tenendum terras, tenementa, redditus, advocationes, servitia, reversiones, et alias possessiones quascumque, sibi, et heredibus suis, assignatis suis, vel alio modo quocumque imperpetuum. Ac etiam quod prefata ducissa, et heredes sui predicti, omnimodas actiones, sectas et querelas, tam reales quam personales et mixtas, in omnibus curiis et placeis nostris, ac aliis curiis quibuscumque, tam infra dictum regnum nostrum Anglie, quam alibi, habere et prosequi: ac actiones, sectas et querelas predictas placitare, et in eisdem respondere et responderi possint, eisdem modo et forma, ac adeo libere et integre, sicut aliquis ligeorum nostrorum infra dictum regnum nostrum Anglie oriundus, habere et prosequi ac placitare et respondere poterit. Proviso tamen, quod predicta ducissa fidelitatem, et heredes sui homagium ligeum nobis faciant; ac taxas, tallagia, custumas, subsidia, et alia deveria quecumque, nobis, et heredibus nostris debita solvant, et faciant, modo quo alii fideles ligei nostri infra dictum regnum nostrum Anglie oriundi faciant. In cujus etc. The king to all to whom the present letters shall come, greeting. Know that from our special grace, and with [col. b] the advice and assent of our council assembled in our parliament, we have granted and have given licence for us and our heirs, in so far as we are able, to our dearest aunt Jacquetta of Luxembourg, duchess of Bedford, who was born in the regions of Hainault, that she herself and her heirs shall henceforth be denizen, and be treated, held and considered in all matters as our true and faithful liege, born in our realm of England; and that the same duchess and her aforesaid heirs shall be persons who are able to acquire, receive and purchase, give, grant, alienate, enjoy and inherit any lands, tenements, rents, advowsons, services, reversions and other possessions within our said realm of England, as freely as any other of our lieges born in our said realm of England. To have and to hold any lands, tenements, rents, advowsons, services, reversions and other possessions to her and her heirs [or] her assigns, or in any other way forever. And also that the aforesaid duchess and her aforesaid heirs may have and sue all kinds of actions, suits and pleas, both real and personal and mixed in all our courts and places, and in any other courts, both within our said realm of England and elsewhere; and that she may plead in the aforesaid actions, suits and pleas, and answer and be answerable in the same, in the same manner and form and as freely and completely as our other lieges born in our said realm of England may have and sue, plead and answer. Provided that the aforesaid duchess and her heirs shall faithfully do liege-homage to us, and pay any taxes, tallages, customs and subsidies, and do other services due to us and our heirs, in the same manner which our other faithful lieges born in our realm of England do. In [witness] of which, etc.
Quibus quidem petitione et cedula, in < dicto > parliamento lectis plenius et intellectis, de avisamento et assensu dominorum spiritualium et temporalium, ac communitatis regni Anglie, in eodem parliamento existentium, respondebatur eisdem in forma subsequenti: Which petition and schedule having been fully read and understood in the said parliament, with the advice and assent of the lords spiritual and temporal and the commons of the realm of England assembled in the same parliament, was answered to the same in the following form:
Fiat prout petitur absque fine vel feodo ad opus regis inde capiendis. (fn. iv-419-454a-1) Let it be done as it is desired without fine or fee being exacted for the king's use. (fn. iv-419-454a-1)
Pro Andrea Ogard. On behalf of Andrew Ogard.
27. Item, quedam supplicatio exhibita fuit eidem domino regi, in parliamento predicto, pro Andrea Ogard milite, cum una cedula eidem supplicationi annexa, in hec verba: 27. Item, a petition was presented to the same lord king in the aforesaid parliament on behalf of Andrew Ogard, knight, with a schedule attached to the same petition, in these words:
Please au roy nostre soveraigne seignur, par advys et assent de vostre tressage counsaill, grauntier a vostre humble chivaler Andrewe Ogard, neez deinz le roialme de vostre tresnoble cousin le roy de Denmark, voz gracious lettres, solonc l'effect et purporte d'une cedule a ycest bill annexee, saunz fyn ou fee ent prendre a vostre oeps. Et il priera Dieux pour vous. May it please the king our sovereign lord, by the advice and assent of your most wise council, to grant to your humble knight Andrew Ogard, born in the realm of your most noble cousin the king of Denmark, your gracious letters according to the effect and purport of a schedule attached to this bill, without fine or fee being exacted for your use. And he will pray to God for you.
Tenor vero cedule predicte sequitur in hec verba: The tenor of the aforesaid schedule truly follows in these words:
Rex omnibus ad quos presentes littere pervenerint, salutem. Sciatis quod concessimus et licentiam dedimus, pro nobis et heredibus nostris, quantum in nobis est, dilecto nobis Andree Ogart militi, in regno Dacie oriundo, et heredibus suis, quod ipsi exnunc sint indigene, ac tractati, tenti et omnibus reputati, sicut veri et fideles ligei nostri, infra regnum nostrum Anglie oriundi: et quod idem Andreas, et heredes sui predicti, sint persone habiles, ad percipiendum, perquirendum et impetrandum, dandum, concedendum, alienandum, gaudendum et hereditandum, infra regnum nostrum predictum, terras, tenementa, redditus, advocationes, servicia, reversiones, et alias possessiones quascumque, adeo libere sicut aliquis alius ligeorum nostrorum, infra regnum nostrum predictum oriundus. Habendum et tenendum terras, tenementa, redditus, advocationes et servitia, reversiones, [p. iv-440][col. a] et alias possessiones, sibi, heredibus et assignatis suis, vel alio modo quocumque imperpetuum. Ac etiam quod ipse et heredes sui predicti, omnimodas actiones et querelas, tam reales quam personales et mixtas, in omnibus curiis et placeis nostris, ac aliis curiis quibuscumque, tam infra regnum nostrum predictum quam alibi, habere et prosequi: ac actiones et querelas predictas placitare et implacitari, respondere vel responderi possint, eisdem modo et forma, ac adeo libere et integre, sicut aliquis ligeorum nostrorum, infra regnum nostrum predictum oriundus. Proviso semper, quod predictus Andreas et heredes sui predicti, homagium ligeum nobis faciant, ac lotto et scotto contribuant, necnon taxas, tallagia, custumas, subsidia, et alia deveria quecumque solvant, modo quo alii fideles ligei nostri infra regnum nostrum Anglie oriundi faciant. In cujus etc. Teste etc. The king to all to whom the present letters shall come, greeting. Know that we have granted and have given licence for us and our heirs, in so far as we are able, to our dear Andrew Ogard, knight, who was born in the realm of Denmark, and to his heirs, that they themselves shall henceforth be denizen, and be treated, held and considered in all matters as our true and faithful liege, born in our realm of England; and that the same Andrew and his aforesaid heirs shall be persons who are able to receive, acquire and purchase, give, grant, alienate, enjoy and inherit any lands, tenements, rents, advowsons, services, reversions and other possessions within our aforesaid realm of England, as freely as any other of our lieges born in our aforesaid realm of England. To have and to hold any lands, tenements, rents, advowsons, services, reversions [p. iv-440][col. a] and other possessions to him, his heirs and assigns, or in any other way forever. And also that he himself and his aforesaid heirs may have and sue all kinds of actions and suits, both real and personal and mixed in all our courts and places, and in any other courts, both within our aforesaid realm and elsewhere; and that he may plead and be impleaded, answer and be answerable in the aforesaid actions and suits, in the same manner and form and as freely and completely as our other lieges born in our aforesaid realm. Provided always that the aforesaid Andrew and his aforesaid heirs shall faithfully do liege-homage to us, and shall contribute to the lot and share and also pay any taxes, tallages, customs, subsidies and other services, in the same manner which our other faithful lieges born in our realm of England do. In [witness] of which, etc. Witnessed, etc.
Quibus quidem petitione et cedula, in parliamento lectis plenius et intellectis, de avisamento dominorum spiritualium et temporalium, ac communitatis regni Anglie, in eodem parliamento existentium, respondebatur eisdem in forma subsequenti: Which petition and schedule having been fully read and understood in parliament, with the advice of the lords spiritual and temporal and the commons of the realm of England assembled in the same parliament, was answered to the same in the following form:
Fiat prout petitur absque fine vel feodo ad opus regis inde capiendis. (fn. iv-419-464a-1) Let it be done as it is desired without fine or fee being exacted for the king's use. (fn. iv-419-464a-1)
Pro Radulpho Sage. On behalf of Ralph Sage.
28. Item, dominus noster rex, de avisamento et assensu dominorum spiritualium et temporalium predictorum, concessit quod consimiles littere patentes fierent, sub magno sigillo suo, pro dilecto et fidele milite suo Radulpho Sage, in ducatu regis Norman' oriundo, et heredibus de corpore suo exeuntibus, absque fine et feodo ad opus regis inde capiendis. 28. Item, our lord king, with the advice and assent of the aforesaid lords spiritual and temporal, has granted that similar letters patent be made under his great seal for his dear and faithful knight Raoul Sage, who was born in the king's duchy of Normandy, and the heirs issuing from his body, without fine and fee being exacted for the king's use.
Pro comite Somerset'. On behalf of the earl of Somerset.
29. Item, un petition fuist baille a nostre seignur le roy en cest present parlement, pur son treschier cosyn Johan count de Somerset, en la fourme q'ensuyt: 29. Item, a petition was delivered to our lord the king in this present parliament on behalf of his most dear cousin John, earl of Somerset, in the form which follows:
Au roy nostre tressoverain seignur, supplie vostre humblie liege Johan count de Somers', ore esteant prisoner deinz vostre roialme de France: qe come le noble roy Henry vostre aiel, qe Dieu assoile, le .viij. me jour de Novembre, l'an de son reigne secunde, graunta par ses lettres patentz au Johan count de Somerset, pier du dit suppliaunt, par noun de son treschier frier Johan count Somerset, le manoir et seygnourie de Glendourdy, ove les appurtenauntz, in Edernyon, le manoir et seignurie de Sawarth, ove les appurtenaunces, en Kentlith, en NorthGales, les manoirs et seignuries de Hiscote et Guynyoneth, ove lour appurtenaunces, en SouthGales; entre autres seignuries et manoirs, par noun de toutz les manoirs, terres et tenementes, queux furent a Owyn de Glyndordy, sibien en SouthGales come en NorthGales, queux par reson de haut treson encontre sa roiall mageste, par l'avauntdit Owyn fait et perpetre, a luy adonqes furent forfaitz; pur avoir et tenir les ditz manoirs, terres et tenementes, ensemblement ovesqe regalies, regalites, fees des chivalers, advowesons et patronages des benefises d'esglises, fraunchises, libertees, custumes, wardes, mariages, releves, eschetes, forfaitures, chaces, parkes, warennes, wrek de meer, et toutz autres profites et commodites quelconqes, as avauntditz manoirs, terres et tenementes regardantz ou appurtenauntz, a l'avauntdit count le pier et a ses heires, de l'avauntdit aiel et ses heirs, par services ent duez et acustumez, auxi franchement, pleinement et entierment, come l'avauntdit Owyn eux avoit et tenoit en ascun temps passe, sicome en mesmes les lettres patentz y est declare pluis au plein. Et ore est ensy, qe un Johan Skydemore chivaler, et Alice sa femme, pretendantz la dite Alice estre file et heir au dit Owyn, ount suy brief de formedon direct al viscount de Salop', retournable et retourne en vostre commune bank a Westm', devaunt seignur [col. b] William Babyngton' et ses compaignons voz justices illeoqes, de les manoirs de Glendourdy et Kentlyth ove lour appurtenaunces en NorthGales, les queux sount parcell des manoirs, terres et tenementes, comprisez deinz les lettres patentez avauntditz, del doun un Wauter Mitton, et Wauter Huse, fait a un Griffyth Glyndouerde, besaill du dit Alice, et a un Elizabeth sa femme, a eux, et a les heirs de lour deux corps engendrez, envers le dit suppliant; le quel brief pende unqore nient discusse; et ount conveie le discent en mesme le brief au dit Alice: et nient obstant celle suyte; et auxi qe toutz les seignuries, manoirs, terres et tenementes avaunditz, sount tenuz de vous, come en droit de vostre corone, sicome appiert de record, par les lettres patentz avauntditz, les avauntditz Johan Skydemore et Alice, par noun de Johan Skidemore chivaler, et Alice sa femme, ount sue un brief de quod ei deforcio, vers le dit suppliant, direct al viscount de Merion', retournable devaunt voz justices deinz vostre fraunchise la, des ditz manoirs de Glyndourde et Kentlith, au verray semblable disheritaunce de luy, encountre ley et droit, s'il ne soit par vous graciousement eide et socourre en cest cas. To the king our most sovereign lord, your humble liege John, earl of Somerset, who is at present a prisoner in your realm of France, humbly beseeches: whereas the noble King Henry, your grandfather, whom God absolve, on 8 November in the second year of his reign [1400], granted by his letters patent to John, earl of Somerset, the father of the said supplicant, by the name of his most dear brother John, earl of Somerset, the manor and lordship of Glendower with their appurtenances in ?Edernyon, the manor and lordship of ?Sawarth with their appurtenances in Kentlith in north Wales, the manors and lordships of Hiscote and Gwinioneth with their appurtenances in south Wales, among other lordships and manors, by the name of all the manors, lands and tenements which were Owen Glendower's, both in south Wales and in north Wales, which, because of high treason committed and perpetrated by the aforesaid Owen against his royal majesty, were then forfeited to him; to have and hold the said manors, lands and tenements, together with regalian rights, regalities, knights' fees, advowsons and the patronage of ecclesiastical benefices, franchises, liberties, customs, wardships, marriages, reliefs, escheats, forfeitures, chases, parks, warrens, shipwrecks, and all other profits and commodities whatsoever belonging or appertaining to the aforesaid manors, lands and tenements to the aforesaid earl the father and to his heirs of the aforesaid grandfather and his heirs by services due and accustomed thereupon, also freely, fully and completely as the aforesaid Owen had had and held them in the past, as is more fully set forth in the same letters patent. And now it is thus, that one John Skidmore, knight, and Alice his wife, claiming the said Alice to be the daughter and heir of the said Owen, have sued their writ de formedon against the said supplicant addressed to the sheriff of Shropshire, returnable and having been returned in your Common Bench at Westminster before my lord [col. b] William Babington and his associates, your justices there, for the manors of Glendower and Kentlith with their appurtenances in north Wales, which are part of the manors, lands and tenements mentioned in the aforesaid letters patent, of the gift of one Walter Mitton and Walter Huse made to one Griffith Glendower, great-grandfather of the said Alice, and to one Elizabeth his wife, to them and to their heirs begotten of their bodies; which writ is pending and still has not been discussed; and they have conveyed the descent to the said Alice in the said writ: and notwithstanding this suit; and also that all the aforesaid lordships, manors, lands and tenements are held of you as of right of your crown, as it appears on record by the aforesaid letters patent, the aforesaid John Skidmore and Alice, by the name of John Skidmore, knight, and Alice his wife, have sued a writ de quod ei deforcio against the said supplicant addressed to the sheriff of Merrioneth, retournable before your justices in your franchise there, of the said manors of Glendower and Kentlith, to his very probable disinheritance, contrary to the law and justice, unless he has your gracious aid and support in this regard.
Que please a vostre hautesse pur considerer les premisses, et pur ordeigner par auctoritee de cest present parliament, qe toutz actions nommez envers le dit suppliant, par les ditz Johan Skidmore et Alice, des ditz manoirs de Glyndourde et Kentlith, forspriz soulement le dit brief que ore est pendant en le dit commune bank, devaunt voz ditz justices a Westm', purrent estre cassez, irritez, et tenuz come voide a toutz jours. Et en outre ceo, pur ordeigner par mesme l'auctorite, qe les ditz Johan Skydemore et Alice, ne lour heirs, ne null des heirs du dit Owyn, eit ne maintene en temps advenir, ascun action ou demande, par brief, ne saunz brief, envers nully, d'ascun parcell des ditz seignuries, manoirs, terres et tenementes, et autres desuis especifiez, forspriz par petition au roy, ou par brief retournable devaunt les justices de dit commune bank, qe pur le temps serront. Et qe si ascun juge soit done, sur ascun autre suyt, des ditz manoirs, terres ou tenementes, ou d'ascun parcell d'icell, envers ascun person, s'il ne soit par petition sue a vous, ou voz heirs, ou par brief retournable en le dit commune bank, devaunt les justices illeoqes pur le temps esteantz, soit cell juge tenuz come voide et de null effect pur toutz jours. Et en outre ceo, qe le dit suppliant, ses heirs ou assignes, par l'auctorite suisdit, puissent avoir briefs tielx et tantz come lour bosoignera, de temps en temps, expressement commandantz as quelconqes justices et autres officers, forspriz soulement les justices et officers, par force de petition, ou justices de commune bank avauntditz, q'ilx ne teignent null plee sur ascun action ou demaunde, a mover des ditz manoirs, terres et tenementes, ou ascun parcell d'icelles, encountre le tenour et effect de l'ordinaunce avauntdit. May it please your highness to consider the foregoing, and to ordain by the authority of this present parliament that all actions named against the said supplicant by the said John Skidmore and Alice concerning the said manors of Glendower and Kentlith, except only the said writ which is pending in the said Common Bench before your justices at Westminster, should be quashed, invalidated and considered void forever. And besides this, to ordain by the same authority that the said John Skidmore and Alice, nor their heirs, nor any of the heirs of the said Owen, shall have nor maintain in future any action or claim by writ or without writ against anyone concerning any part of the said lordships, manors, lands and tenements, and the other matters mentioned above, except by petition to the king, or by writ returnable before the justices of the said Common Bench at the time. And that if any judgment be given on any other suit concerning the said manors, lands or tenements, or any part of them, against any person, unless he sues to you or your heirs by his petition, or by writ returnable in the said Common Bench, before the justices there at the time, let that judgment be considered void and of no effect forever. And besides this, that the said supplicant, his heirs or assigns, by the aforesaid authority, be able to have such and as many writs as they need from time to time which expressly command any justices and other officers, excepting only the justices and officers, by force of the petition, or the justices of the aforesaid Common Bench, that they shall not hold any plea on any action or claim to be moved concerning the said manors, lands and tenements, or any part of them, contrary to the tenor and effect of the aforesaid ordinance.
Le quelle petition en mesme le parliament lewe et entendue, de l'advys et assent des seignurs espirituelx et temporelx, et auxi des communes esteantz en mesme le parliament, fuist responduz en la fourme q'ensuyt: Which petition having been read and understood in the same parliament, with the advice and assent of the lords spiritual and temporal and also of the commons assembled in the same parliament, was answered in the form which follows:
Le roy le voet. (fn. iv-419-475-1) The king wills it. (fn. iv-419-475-1)
30. Item, un autre petition fuist baille a nostre dit seignur le roy, en mesme le parliament, desoubz le tenour q'ensuyt: 30. Item, another petition was delivered to our said lord the king in the same parliament, under the tenor which follows:
Please au roy nostre tressoveraine seignur, par advys des seignurs espirituelx et temporelx esteantz en cest present parliament, pur considerer et avoir en remembrance, coment par le roy Henry vostre aiel, en son parliament tenuz a Westm', l'an de son reigne quart, par estatuit y fuist ordine; (fn. iv-419-478-1) qe null Englise homme, marie a ascun femme Galoys, de l'amyste ou aliance de Owen de Glyndourdy, traitour du dit roy aiel, serroit mys [p. iv-441][col. a] en office en Gales, ne en les marches: le quell estatut et ordinaunce, ovesqe toutz dependaunces d'icell, furent ratefiez et confermez par un autre estatuit, en vostre parlement tenuz a Westm', l'an de vostre reigne .viij. me , (fn. iv-419-478-2) sicome appiert de record, par les estatutz avauntditz. Et pur ordeigner par auctorite de cest mesme vostre present parliament, qe toutz lettres patentez ou grauntes qeconqes faitz a ascun, de quell estate ou condition q'il soit, au contrarie des ditz estatutes, soient irritez, cassez et adnullez pur toutz jours; par ainsy qe les ditz estatutes, purrent estre tenuz et gardez solonc droit et justice, et tenuz pur ley, ascun petition, supplication ou prier, fait en cest dit present parliament au contrarie, non obstaunt. May it please the king our most sovereign lord, by the advice of the lords spiritual and temporal assembled in this present parliament, to consider and recall how it was ordained by King Henry your grandfather in his parliament held at Westminster in the fourth year of his reign by statute there (fn. iv-419-478-1) , that no Englishman married to any Welsh woman of the friendship or alliance of Owen Glendower, traitor of the said king grandfather, should hold [p. iv-441][col. a] office in Wales, nor in the marches: which statute and ordinance, with all the dependencies of it, were ratified and confirmed by another statute in your parliament held at Westminster in the eighth year of your reign, (fn. iv-419-478-2) as appears on record, by the aforesaid statutes. And to ordain by the authority of this your same present parliament that all letters patent or any grants made to anyone, of whatever estate or condition he be, or contrary to the said statutes, be invalidated, quashed and anulled forever; on such terms that the said statutes shall be upheld and observed according to right and justice add considered law, notwithstanding any petition, supplication or prayer made to the contrary in this said present parliament.
La quell petition, en mesme le parliament lewe et entendue, de l'advys et assent des seignurs espirituelx et temporelx en ycell parliament esteantz, fuist responduz en le manere ensuant: Which petition having been read and understood in the same parliament, with the advice and assent of the lords spiritual and temporal assembled in that parliament, was answered in the following manner:
Soient les estatutes dount la petition fait mention, firmement tenuz et gardez. Let the statutes which the petition mentions be firmly upheld and observed.
Pro Thoma Gower et Johanna uxore ejus. On behalf of Thomas Gower and Joan his wife.
31. Item, un autre petition fuist baille a nostre dit seignur le roy, par les communes de cest present parliament, pur Thomas Gower et Johan sa femme, en la forme q'ensuyt: 31. Item, another petition was delivered to our said lord the king by the commons of this present parliament on behalf of Thomas Gower and Joan his wife, in the form which follows:
A les tressagez communes de cest present parlement, supplie humblement Thomas Gower et Johan sa femme: qe come la dit Johan, fuist nee en la ville de Alenceon, en le roialme de Fraunce, qe please a voz tressagez discretions, de supplier au roy nostre soveraigne seignur, et a les seignurs espirituelx et temporelx en ycest present parliament assemblez, de grauntier par auctoritee de mesme le parliament, qe la dit Johan, et touts ses enfaunts engendrez, et a engendrerz par le dit Thomas, purront estre deinseinz, et estre treteez, tenuz et en toutz choses reputez, come verrais lieges de roy nostre soverain seignur suisdit; et qe ele, et ses ditz heirs, soient persones ableez de prendre et demaunder, purchaser, douner et grauntier, enheriter et enjoier, terres, tenementes, rentes, services, avowesons, reversions, et autres possessions qeconqes, auxi fraunchisement, come ascuns des ditz lieges deinz le dit roialme neez; a avoir et tenir les ditz terres, tenementes, rentes, services, avowesons, reversions, et autres possessions, a eux, lour heirs et assignes, a toutz jours ou autrement; et q'ils, et lour ditz heirs, toutz maners plees et quereles, sibien realx come personelx, en toutz courtes et places roiaulx, et toutz autres courtes et places deinz le dit roialme ou aillours, puissent avoir et pursuer; et icelles actions et quereles, en icelles courtees et places pleder et estre empledez, respoundre et estre respounduz, auxi fraunchement, come ascun des lieges deinz le dit roialme neez; pur Dieu, et en oevere de charitee. To the most wise commons of this present parliament Thomas Gower and Joan his wife humbly beseech: whereas the said Joan was born in the town of Alençon, in the realm of France, may it please your most wise discretions to beseech the king our sovereign lord and the lords spiritual and temporal assembled in this present parliament to grant, by the authority of the same parliament, that the said Joan and all her begotten children, and those to be begotten by the said Thomas, shall be denizen and be treated, held and considered in all matters as the true lieges of our aforesaid sovereign lord the king; and that she and her said heirs shall be persons who are able to receive and demand, purchase, give and grant, inherit and enjoy any lands, tenements, rents, services, advowsons, reversions and other possessions, also as freely as any of the said lieges born in the said realm; to have and to hold the said lands, tenements, rents, services, advowsons, reversions and other possessions to them, their heirs and assigns, forever or otherwise; and that they and their said heirs may have and sue all kinds of pleas and suits, both real and personal, in all royal courts and places, and in all other courts and places within the said realm or elsewhere; and that they may plead and be impleaded, answer and be answerable in these courts and places in these actions and suits, also as freely as any of the lieges born in the said realm; for God and by way of charity.
La quell petition, en mesme le parliament lewe et entendue, de l'advys et assent des seignurs espirituelx et temporelx, et al request des communes, en ycell parliament esteantz, fuist respounduz en la fourme q'ensuyt: Which petition having been read and understood in the same parliament, with the advice and assent of the lords spiritual and temporal and at the request of the commons assembled in that parliament, was answered in the form which follows:
Le roy le voet. (fn. iv-419-489-1) The king wills it. (fn. iv-419-489-1)
[memb. 9]
Pro Johanne comite Arundell'. On behalf of John, earl of Arundel.
32. Memorandum quod quedam petitio exhibita fuit domino regi, in presenti parliamento, pro Johanne comite Arundell', in obsequio regis in regno suo Francie existente, in hec verba: 32. Be it remembered that a petition was presented to the lord king in the present parliament on behalf of John, earl of Arundel, who is in the king's service in his realm of France, in these words:
Please au roi nostre soverain seignur, de acceptier vostre humble liege Johan count d' Arundell', ore present en vostre service deins vostre roialme de Fraunce, a son lieu pur seier, sibien en vostre parlement come en vostre counseill, come count d'Arundell'; considerant, qe ses auncestres countz d'Arundell', seignurs del chastell, honour et seignurie d'Arundell', ount ewe lour lieu a seier en les parlementz et counseilx de voz tresnobles progenitours, du temps dount [col. b] memorie ne court, par reason de la chastell, honour et seignurie avauntditz, as queux le dit noun de count ad este unie et annexe de temps suisdit; des queux chastell, honour et seignurie, le dit suppliant est apresent seise. (fn. iv-419-493-1) May it please the king our sovereign lord to accept your humble liege John, earl of Arundel, at present in your service in your realm of France, to sit in his place both in parliament and in your council as earl of Arundel; considering that his ancestors earls of Arundel, lords of the castle,honour and lordship of Arundel, have had their place to sit in the parliaments and councils of your most noble progenitors from time [col. b] immemorial by reason of the aforesaid castle, honour and lordship, to which the said name of earl has been united and attached for the aforesaid time; of which castle, honour and lordship the said supplicant is seised at present. (fn. iv-419-493-1)
Qua quidem petitione, in parliamento predicto lecta, audita et intellecta, Johannes dux Norff', infra etatem, et in custodia regis existens, tunc ibidem presens, ac jus et titulum tam ad dicta castrum, honorem et dominium de Arundell', quam ad nomen comitis Arundell' se habere pretendens, exhibuit prefato domino regi tunc ibidem, quandam petitionem suam sub eo qui sequitur tenore verborum: Which petition having been read, heard and understood in the aforesaid parliament, John, duke of Norfolk, a minor and who is in the king's custody, who was then present there, and claiming himself to have right and title both to the said castle, honour and lordship of Arundel and to the name of earl of Arundel, then presented his petition to the aforesaid lord king there under that tenor of words which follow:
33. To the kyng our soverain lord, louly compleynes and shewes unto your hegh rightwisnesse, your warde John, duc of Norffolk: that where John lord Mautravers, by his counseill, in this your heghest court of parlement, has asked and claymed for to sitte in parlementz and counseilx of you, our soverain lord, pretendyng þat all his auncestres whilk have been seised of þe castell, honour and lordship of Arundell', have been erles of Arundell', and < have > had þe estate, honour and dignite, as annexed, unied and appartenaunt to þe seid castell, honour and lordship, of tyme þat no mynde is, aswell afore þe conquest, as after, withouten any other creation þerof made of recorde, as in a bille by the said lord Mautravers delivered unto your heghnesse, in your parlement holden at Westm', þe yere next afore your passage into your roialme of Fraunce, his clayme and pretense more pleinly is conteigned; to whilk bille, and all þe contenue therof, replications and answers sufficientz has ben made in the same parlement, and other parlementz, and grete counseilx of yours, sithen þat tyme holden, by John late duc of Norfolk, fader unto your said warde, as right enheriter, aswell to the castell, honour and lordship, as to þe name aforseid; by the whilk þe said lord Mautravers aght not of right to have, nor rejoise þe name aforsaid; the right of whilk is nowe descended unto your saide warde, as sone and heir unto þe said late duc, as in tyme comyng, with Goddes grace, it shall be pleinly knowen and proved, after þe cours and fourme of your commen lawe. 33. To the king our sovereign lord, your ward John, duke of Norfolk, humbly petitions and presents to your most wise highness: whereas John, Lord Mautravers, by his counsel in this your highest court of parliament, has asked and claimed to sit in your parliaments and councils, our sovereign lord, claiming that all his ancestors who have been seised of the castle, honour and lordship of Arundel have been earls of Arundel, and have had the estate, honour and dignity, as attached, united and appertaining to the said castle, honour and lordship since time immemorial, both before the conquest and after, without any other creation thereof made on record, as is more fully contained in a bill of his claim and assertion delivered by the said Lord Mautravers to your highness in your parliament held at Westminster the year before your crossing into your realm of France; to which bill and all its contents sufficient replies and answers have been made in the same parliament, and in your other parliaments and great councils held since that time, by John, late duke of Norfolk, the father of your said ward, as the lawful inheriter both to the castle, honour and lordship and to the aforesaid title; by which the said Lord Mautravers by right ought not to have, nor enjoy the use of the aforesaid name; the right of which has now descended to your said ward as the son and heir of the said late duke, as, with God's grace, it shall be fully known and proved in future according to the course and form of your common law.
Wherfore your saide warde, in all humble wise, besekes unto your noble grace, þat in þis matier nothing be proceded, nor putte in execution, to his disheritance nor hurte, duryng his noun age. Consyderyng, soverain lord, þat all þe evidences of your saide warde, whilk in þis matier wold make þe proef of his title and right, been in your warde and governaunce, by reason of his said nounage: and for these causes, he ne kan, nor of reason aght, other resort have for salvation of his saide enheritance, but unto your rightwise protection and defense. Besekyng moreover unto your hegh rightwisnesse, þat þis his supplication myght be in þis your parlement enacted, and entred of recorde. (fn. iv-419-498-1) Wherefore your said ward beseeches your noble grace in all humbleness that nothing be proceeded, nor executed in this regard to his dishinheritance or harm during his minority. Considering, sovereign lord, that all the evidence for your said ward, which would prove his title and right in this regard have been in your custody and control by reason of his said minority: and for these reasons, he neither can nor by reason ought ?to resort to other means to save his said inheritance, except to your most wise protection and defence. Beseeching moreover to your most high wiseness that this his supplication might be enacted in this your parliament and entered on record. (fn. iv-419-498-1)
Post cujus petitionis auditum et intellectum, illustris princeps Johannes dux Bedford', asserens eandem petitionem nedum ipsum, et fratrem suum Humfridum ducem Gloucestrie, set etiam prefatum dominum regem, et suam regiam dignitatem, prout sibi videbatur, verisimiliter posse contingere; eundem dominum regem attentius exoravit, ut tam pro jure et interesse ipsius domini regis, quam predictorum ducum Bedford' et Gloucestr', in hac parte, iidem < duces > , cum servientibus regis ad legem, et attornato suo, aliisque legis peritis de ipsius domini regis consilio, super dicta petitione prefati ducis Norff', ac materiis in eadem contentis, avisari possent et deliberari. Quo audito, idem dux Norff', quandam aliam petitionem eidem domino regi [p. iv-442][col. a] in parliamento predicto exhibuit, sequentem seriem continentem: After having heard and understood which petition, the illustrious prince John, duke of Bedford, asserting that the same petition concerned not only himself and his brother Humphrey, duke of Gloucester, but also the aforesaid lord king and his royal dignity, urged the same lord king that for both his own right and interest and that of the aforesaid dukes of Bedford and Gloucester in this regard, they should seek advice from and consult with the king's serjeants-at-law and the king's attorney and others on the same lord king's council skilled in the law concerning the said petition of the aforesaid duke of Norfolk and the matters contained in the same. Which having been heard, the same duke of Norfolk presented another petition to the same lord king [p. iv-442][col. a] in the aforesaid parliament, the contents [of which] follow:
To the kyng our soverain lord, besekes louly your treue liege man and warde John duc of Norff': þat it like unto your most noble grace to be remembred, howe uppon Friday the .xxix. day of October last passed, he beyng in your hegh presence, in this youre court of parlement, declared, þat it was never his entent nor purpose, nor noon of his pouere conseill, be the supplication þat he made unto you be bille afore þat tyme, in your saide parlement, agayns the lorde Mautravers, for to attempt or touche any thyng that myght be agayn your honour and estate, or agayn any of your blode, savyng oonly agayns the saide lord Mautravers, for the right and enheritance of your said warde, touchant the castell, honour and lordship of Arundell', and other diverses castellx, lordshippes and manoirs, to your saide warde entailled; and also for the right of the name of erle of Arundell'. To the king our sovereign lord, your true leigeman and ward John, duke of Norfolk, humbly beseeches: whereas it might please your most noble grace to recall how, on Friday 29 October last [1433], he declared when he was in your majesty's presence in this your court of parliament that it was never his intention or purpose, nor that of his poor counsel, by the earlier petition he made to you by bill in your said parliament against Lord Mautravers, to attempt or touch anything that might be detrimental to your honour and estate, or go against any of your blood, except only against the said Lord Mautravers, for the right and inheritance of your said ward, touching the castle, honour and lordship of Arundel, and various other castles, lordships and manors entailed to your said ward; and also for the right of the name of earl of Arundel.
Wherfore your saide warde, in all humble wyse, besekes unto your most noble grace, so for to take and accept the entent of hym, and his saide pouere conseill, and in noon other wise; and þat the same entent, with his saide supplication, myght be in your saide parlement enacted, and entred of record, under such fourme, þat your saide warde, duryng his nounage, nor in tyme comyng, be lawe, statuit, nor acte, in your saide parlement for to be made, be not excluded nor barred of his title and right in this bille, and also in his first supplication conteigned; but fully for to have and rejoyse, all maner of benefice and avantage, of whilk he was and is enheritte inne be your commune lawe, atte the begynnyng of this your saide parlement. Wherefore your said ward beseeches in all humbleness to your most noble grace to receive and accept the intent of himself and of his said poor counsel, and in no other way; and that the same intent, with his said petition, might be enacted in your said parliament and entered on record under such form that your said ward shall not be excluded nor barred of his title and right contained in this bill and also in his first petition during his minority, nor in future, by law, statute, nor act to be made thereupon in your said parliament; but that he might have and enjoy fully all kinds of benefit and advantage which he was and is entitled to inherit by your common law at the beginning of this your said parliament.
Subsequenterque petitione illa in parliamento predicto lecta, audita et intellecta, ex parte prefati comitis, per quosdam suos consiliarios extitit allegatum, quod idem comes ab admissione loci sui, ad sedendum in parliamentis et consiliis regiis, per aliqua per prefatum ducem Norff' in petitionibus suis predictis pretensa vel assignata, excludi vel differri non debet; presertim cum dominus noster rex, jus alienum, colore alicujus juris pretensi per heredem infra etatem, et in custodia sua existentem, per communem legem Anglie, impetere vel retardare non debeat; nisi hujusmodi jus pretensum in forma juris fuerit compertum, vel de recordo posset allegari: et quia prefatus comes in pacifica possessione dictorum castri, honoris et dominii de Arundell', diu ante mortem et tempore mortis Johannis nuper ducis Norff', patris predicti nunc ducis, cujus heres ipse est, et semper postea extitit et adhuc existit, absque eo quod aliquod jus predicti nunc ducis Norff', ad eadem castrum, honorem et dominium, per aliquam inquisitionem post mortem predicti patris sui captam est compertum, vel per eundem nunc ducem Norff' de recordo allegatum, per quod idem comes, ab admissione sua ad locum et sedem suos predictos, de jure excludi deberet, vel ulterius retardari; iidem consiliarii prefati comitis prefato domino regi humillime supplicabant, quatenus consideratis diutinis et diligentibus prosecutionibus ipsius comitis in diversis parliamentis regiis, dum prefatus nuper dux agebat in humanis, occasionibus premissis factis, ipsum comitem ad locum et sedem suos in parliamentis et consiliis regiis predictis, antecessoribus suis comitibus Arundell' antiquitus consuetos, juxta juris exigentiam, absque ulteriori dilatione admittere; ac ipsum sic fore admittendum, decernere et declarare dignaretur sua regia celsitudo. Ut igitur prefatus dominus rex, ac ceteri domini spirituales et temporales in parliamento predicto existentes, super materiis jus predicti comitis in hac parte concernentibus, et per ipsum, ac consiliarios suos predictos per antea declaratis, melius possent avisari; [col. b] idemque dominus rex, de avisamento et assensu dominorum predictorum, circa premissorum determinationem, tutius et consultius procedere valeat in forma juris, de ipsius domini regis mandato, dictum fuit prefatis consiliariis predicti comitis, quod pro pleniori declaratione et cognitione juris et tituli ipsius comitis in hac parte, ea que prius pro jure et titulo suis predictis ore tenus exposuerant, in scriptis exhiberent: super quo iidem consiliarii dicti comitis, exhibuerunt in eodem parliamento quandam cedulam, titulum predictum continentem, eo qui sequitur sub tenore: And subsequently with that petition having been read, heard and understood in the aforesaid parliament, it was stated on behalf of the aforesaid earl by his council that the same earl ought not to be excluded or prevented from admission to his place to sit in royal parliaments and councils by any claim or allegation by the aforesaid duke of Norfolk in his aforesaid petition, particularly since, by the common law of England, our lord king ought not to prevent or hinder the right of another by pretext of some right claimed by an under age heir and one who is in his custody, unless such alleged right shall be found to have been claimed in lawful form or on record: and because the aforesaid earl has always been in peaceful possession of the said castle, honour and lordship of Arundel for a long time before the death and at the time of the death of John, late duke of Norfolk, the father of the aforesaid present duke, of whom he himself is heir, and still is, without any right of the aforesaid present duke of Norfolk to the same castle, honour and lordship having been esablished by any inquest held after the death of the aforesaid father, or claimed on record by the same present duke of Norfolk, by which the same earl ought to be lawfully excluded or hindered further from his admission to his aforesaid place and seat; the same counsel of the aforesaid earl humbly petitioned to the aforesaid lord king, that having considered the long and diligent prosecutions of the earl himself made in several royal parliaments whilst the aforesaid late duke was alive by reason of the foregoing, to admit the earl himself to his place and seat in the aforesaid parliaments and royal councils, customarily used from ancient times by his ancestors earls of Arundel, without further delay according to the exigency of the law; and his royal highness deign to determine and declare him to be thus admitted. Then so that the aforesaid lord king and the other lords spiritual and temporal assembled in the aforesaid parliament might be better advised on the matters concerning the right of the aforesaid earl in this regard, and previously declared by him and his aforesaid counsel; [col. b] and so that the same lord king, with the advice and assent of the aforesaid lords, might proceed concerning the determination of the foregoing in lawful form more securely and more skilfully, at the command of the lord king himself it was said to the aforesaid counsel of the aforesaid earl that, in order for a full declaration and acknowledgement of the right and title of the earl himself in this regard, they present in writing that which they had previously set forth for his aforesaid right and title now held: whereupon the same counsel of the said earl presented a certain schedule in the same parliament containing the aforesaid title, under that tenor which follows:
34. C'est le title monstre a nostre soverain seignur le roi, pur son humble liege Johan count d'Arundell', ore a present en son service deins son roialme de Fraunce, de son lieu pur seier, sibien en son parlement come en son counseill, come count d'Arundell'; c'est assavoir, qe ses auncestres countz d'Arundell', seignurs del chastell, honour et seignurie d'Arundell', ount en lour lieu a seier en les parlementz et counseilx de les nobles progenitours nostre dit seignur le roi, de temps dount memorie ne court, par reason de les chastell, honour et seignurie avauntditz, as queux le dit noun de count ad estee unie et annexe de temps suisdit; des queux chastell, honour et seignurie, un Richard nadgairs count d'Arundell', auncestre au dit Johan, fuist seisi en son demesne come de fee, et fuist count d'Arundell', par reason < del possession > q'il avoit en iceux; le quell Richard, ent ensi seisi, fyn soy leva en la court de seignur Edward nadgairs roi d'Engleterre tierce apres le conquest, a Westm', a l'oeptas de Seint Trinite, l'an de son regne .xxi. devaunt Johan Stonore et ses compaignouns, adonqes justices de son commune bank, parentre le dit Richard count d'Arundell', pleynant, et Johan Alresford et Johan Sprot chapeleyn, deforceantz, des ditz chastell, honour et seignurie, entre autres chastelx, villes et maners, par noun des chastell, ville et maner d'Arundell', ove les appurtenauntz: par quele fyn, mesme le nadgairs count conust, mesmes les chastell, honour et seignurie, estre le droit le dit Johan Sprot, come ceux queux les ditz Johan et Johan, avoient de soun doun. Et pur celle reconisaunce, fyn et accorde, les ditz Johan et Johan, graunteront a mesme le nadgairs count, mesmes les chastell, honour et seignurie entre autres, et eux a luy renderount en mesme la court, aver et tenir a luy pur terme de sa vie, du dit nadgairs roi et ses heirs; issint qe apres le decesse de mesme le nadgairs count, mesmes les chastell, honour et seignurie, dusoient remayndre a Alianore, file Henri de Lancastre l'eysne nadgairs count de Lancastre pur terme de sa vie; issint qe apres le decesse la dite Alianore, et auxi apres le decesse de mesme le nadgairs count d'Arundell', mesmes les chastell, honour et seignurie, dusoient remayndre as heirs males de mesme le nadgairs count d'Arundell', du corps l'avauntdite Alianore engendrez, a tenir du dit nadgairs roi et ses heirs, le remayndre oultre, come le dit fyn purport; par force de quell fyn, mesme le nadgairs count d'Arundell', fuist seisi de mesmes les chastell, honour et seignurie, en son demesne come de frank tenement. Et puis la dite Alianore murust, et mesme le nadgairs count d'Arundell' murust ent seisi; apres qe mort, mesmes les chastell, honour et seignurie, descenderount a Richard son fitz, come a son fitz, et heir male du corps l'avauntdite Alianore engendre; le quell Richard, de mesmes ceux chastell, honour et seignurie, fuist seisi en son demesne come de fee taille, par force du dit fyn, et fuist count d'Arundell', par reason del possession q'il avoit en mesmes les chastell, honour et seignurie, et puis de tiel estate ent murust seisi; apres qi mort, mesmes ceux chastell, honour et seignurie, descenderount a Thomas, come a son fitz et heir male, par force du dit fyn: le quell Thomas, de mesmes ceux chastell, honour et seignurie, fuist seisi en son demesne come de fee [p. iv-443][col. a] taille, par force du dit fyn, et fuist count d'Arundell', par reason del possession q'il avoit en iceux, et murust saunz issue male de son corps. Apres qi mort, mesmes ceux chastell, honour et seignurie, descenderount a Johan count d'Arundell', et seignur de Mautravers, come a cosyn, et heir male le dit Thomas, par force < du dit fyn > ; c'est assavoir, fitz Johan, fitz Johan, fitz Richard, qi fuist partie au dit fyn; le quell Johan, fitz de mesme le Richard, fuist engendre par le dit Richard, de corps du dite Alianore. Et puis le dit Johan count d'Arundell' et seignur de Mautravers, murust seisi des ditz chastell, honour et seignurie; apres qi mort mesmes ceux chastell, honour et seignurie, descenderount a mesme cestuy Johan ore count d'Arundell', come a fitz et heir male, par force du dit fyn; des queux chastell, < honour et seignurie, il est apresent > seisi en son demesne come de fee taille, par force du dit fyn. 34. This is the title shown to our sovereign lord the king on behalf of his humble liege John, earl of Arundel, now at present in his service in his realm of France, so that he might sit in his place both in his parliament and in his council as earl of Arundel; namely, that his ancestors earls of Arundel, lords of the castle, honour and lordship of Arundel, have sat in their place in the parliaments and councils of the noble progenitors of our said lord the king from time immemorial by reason of the aforesaid castle, honour and lordship to which the said name of earl has been united and attached for the aforesaid time; of which castle, honour and lordship one Richard late earl of Arundel, the ancestor of the said John, was seised in his demesne as of fee and was earl of Arundel by reason of the possession which he had in them; which Richard, thus seised thereupon, made his fine in the court of Lord Edward the third late king of England since the conquest at Westminster on the octave of St Hilary in the twenty-first year of his reign [Monday 20 January 1348] before John Stonore and his companions, then justices of his Common Bench, between the said Richard, earl of Arundel, plaintiff, and John Alresford and John Sprot, chaplain, deforciants, of the said castle, honour and lordship, among other castles, towns and manors by the name of the castle, town and manor of Arundel, with their appurtenances: by which fine the same late earl acknowledged the same castle, honour and lordship to be the right of the said John Sprot, as those which the said John and John had of his gift. And for that recognizance, fine and agreement the said John and John granted the same castle, honour and lordship, among other things, to the same late earl and gave them to him in the same court, to have and to hold to him for the term of his life of the said late king and his heirs; so that after the death of the same late earl the same castle, honour and lordship ought to have remained to Eleanor, the eldest daughter of Henry of Lancaster, the late earl of Lancaster, for the term of her life; so that after the death of the said Eleanor, and also after the death of the same late earl of Arundel, the same castle, honour and lordship ought to have remained to the male heirs of the same late earl of Arundel begotten of the body of the aforesaid Eleanor, to be held of the said late king and his heirs, in addition to the remainder, as the said fine purports; by force of which fine, the same late earl of Arundel was seised of the same castle, honour and lordship in his demesne as of free tenement. And then the said Eleanor died and the same late earl of Arundel died seised thereupon, after whose death the same castle, honour and lordship descended to Richard his son, as to his son and male heir begotten of the body of the aforesaid Eleanor; which Richard was seised of the same castle, honour and lordship in his demesne as of fee-tail by force of the said fine, and was earl of Arundel by reason of the possession which he had of the same castle, honour and lordship, and then he died seised of such an estate; after whose death the same castle, honour and lordship descended to Thomas, as to his son and male heir, by force of the said fine: which Thomas was seised of the same castle, honour and lordship in his demesne as of fee- [p. iv-443][col. a] tail by force of the said fine, and was earl of Arundel by reason of the possession which he had in them, and he died without male issue of his body. After whose death the same castle, honour and lordship descended to John, earl of Arundel and Lord Mautravers, as cousin and male heir of the said Thomas, by force of the said fine; that is, son of John, son of John, son of Richard, who was party to the said fine; which John, son of the same Richard, was begotten by the said Richard of the body of the said Eleanor. And then the said John, earl of Arundel and Lord Mautravers died seised of the said castle, honour and lordship; after whose death the same castle, honour and lordship descended to this same John, the present earl of Arundel, as to the son and male heir, by force of the said fine; of which castle, honour and lordship he is seised at present in his demesne as of fee-tail by force of the said fine.
35. Qua quidem cedula in parliamento predicto lecta, audita et intellecta, habitaque super materiis in eadem contentis et aliis premissis, cum justiciis et aliis legis peritis, ac ceteris de consilio domini regis in dicto parliamento existentibus, deliberatione, communicatione et avisamento; auditis etiam hinc inde nonnullis profundis et maturis rationibus, allegationibus et motivis; considerato quoque, qualiter Ricardus filius Alani, consanguineus et unus heredum Hugonis de Albiniaco dudum comitis Arundell', fuit seisitus de dicto castro, honore et dominio de Arundell', in dominico suo ut de feodo; et ratione possessionis sue eorumdem castri, honoris et dominii, absque aliqua alia ratione vel creatione in comitem, fuit comes Arundell', et nomen, statum et honorem comitis Arundell', necnon locum et sedem comitis Arundell' in parliamentis et consiliis regiis quamdiu vixerat pacifice habuit et possedit, absque aliqua calumpnia, reclamatione vel impedimento. Prefatus igitur dominus noster rex, hiis et aliis ductus considerationibus et motivis, ad personam prefati nunc comitis Arundell', cui predicta castrum, honor et dominium de Arundell', speciali jure hereditario ut predicitur descenderunt, et qui juxta innatam sibi nobilitatis affluentiam, tam armorum strenuitate quam maturitate consilii, eidem domino regi in regno suo Francie a jam diu obsequiosum se incessanter exhibuit et indies exhibet, sue regie mentis aciem dirigens, actusque virtuosos ejusdem comitis, et preclara merita quibus se virtutum dominus insignivit, pro quibus etiam consilium ipsius domini regis in regno suo Francie, et ducatu Normann', suis litteris commendatoriis pro nominis et honoris ipsius comitis exaltatione, ac presentis saltem expeditione negotii, iterum et sepius specialissime destinavit, in profunde discussionis libramine ponderans; volensque proinde eidem Johanni nunc comiti in hac parte, suis tantis exigentibus meritis, quantum absque juris alieni derogatione potuit, celeris justicie complementum fieri, de avisamento et assensu prelatorum, ducum, comitum et baronum, in instanti parliamento existentium, ipsum Johannem nunc comitem Arundell', ad locum et sedem comitis Arundell', in parliamentis et consiliis regiis antiquitus usitatos et consuetos; eisdem modo et forma, quibus antecessores sui comites Arundell' hujusmodi locum et sedem melius et liberius habuerunt, habendum et possidendum admisit et ipsum de cetero sic fore admittendum decrevit, instituit et declaravit. Non intendendo tamen, quod alicui titulo, juri vel interesse ejusdem domini regis, aut prefati nunc ducis Norff', vel alterius cujuslibet, in hac parte prejudicium aliquod occasione premissorum aliqualiter generetur; set quod titulus, jus et interesse tam ipsius domini regis, quam predicti nunc ducis Norff', et alterius cujuscumque, in premissis salva semper permaneant et illesa, presenti ordinatione, voluntate et decreto in aliquo non obstantibus. (fn. iv-419-509-1) 35. Which schedule having been read, heard and understood in the aforesaid parliament, and having had deliberation, discussion and advice on the matters contained in the same and the other foregoing things with the justices and others with knowledge of the law and others of the lord king's council assembled in the said parliament; having heard also several profound and mature reasons, allegations and motives hereupon; considering also how Richard FitzAlan, kinsman and one of the heirs of Hugh d'Aubigny, late earl of Arundel, was seised of the said castle, honour and lordship of Arundel in his demesne as of fee, and by reason of his possession of the same castle, honour and lordship, without any other reason or creation as earl, was earl of Arundel, and he peacefully had and possessed the name, estate and honour of earl of Arundel, and also the place and seat of earl of Arundel in parliaments and royal councils as long as he lived, without any challenge, claim or prevention. Therefore our said lord king, led by these and other considerations and motives directing his royal will towards the person of the aforesaid earl of Arundel, to whom the said castle, honour and lordship of Arundel descend by special hereditary right as is said, and who has unceasingly displayed for some time now, and who still displays, in accordance with the innate abundance of his nobility, as much strenuousness in arms as maturity in counsel to the lord king in his realm of France: and weighing in the balance of deep reflection the virtuous acts of the earl and the noble merits by which he marks himself out as a master of the virtues, on which the council of the lord king in his kingdom of France and duchy of Normandy has sent many times letters of commendation, elevating the name and honour of the earl, and expediting the matter now at issue; and therefore wishing for the full weight of swift justice to be done as soon as possible to the same John the present earl in this regard, for his so great merits, without derogating the right of others, - with the advice and assent of the prelates, dukes, earls and barons assembled in the present parliament, has decreed, ordained and declared that the same be henceforth admitted, and he admits the same John the present earl of Arundel to have and possess the place and seat of earl of Arundel in parliaments and royal councils used and accustomed in the past, in the same manner and form which his ancestors earls of Arundel had such a place and seat. Not intending, however, that any prejudice to any title, right or interest of the same lord king, or of the aforesaid present duke of Norfolk, or of anyone else, be generated in any way in this regard by reason of the foregoing, but saving always that the title, right and interest both of lord king himself and of the aforesaid present duke of Norfolk, and of anyone else, shall continue and be unharmed, notwithstanding the present ordinance, will and decree in any way. (fn. iv-419-509-1)
[col. b]
[memb. 8]
Pro Humfrido duce Gloucestr'. On behalf of Humphrey, duke of Gloucester.
36. Item, quedam alia petitio exhibita fuit eidem domino regi, in parliamento predicto, per Humfridum ducem Gloucestr', in hec verba: 36. Item, another petition was presented to the same lord king in the aforesaid parliament by Humphrey, duke of Gloucester, in these words:
Au roi nostre soverain seignur, supplie Humfrey duk de Gloucestre, vostre uncle: que come Henri jadis roi d'Engleterre, vostre noble pier, qi Dieu assoile, le tierce jour de Septembre, l'an de son regne primer, par ses lettres patentz, de sa grace especial graunta a dit suppliant, par noun de soun treschier frere Humfrey de Lancastre, le priorie alien de Pembroke, ove les appurtenantz, a avoir a luy, et a ses heirs de son corps engendrez, durant la guerre par entre le dit nadgairs roy, et ses adversaries de Fraunce, ovesqe les fees des chivalers, advoesons des esglises, terres, tenementz, et toutz autres commoditiees et profitz a dit priorie appurtenauntz, en mesme la fourme, come Fraunceys Court, le dit priorie nadgairs avoit en sa vie, ou come le dit nadgairs roy averoit si en ses mains remaindroit, saunz ascun rien a dit nadgairs roy ou a ses heirs ent rendre, come en les dites lettres patentz ent faitz est contenuz pluis au plein. Et puis vostre dit pier, par ses autres lettres patentz faitz a Leycestre, le .xvi. me jour de May, l'an de son regne secunde, en son parlement tenuz illeoqes, de l'assent des prelats, nobles, et la communalte de son roialme adonqes illeoqes esteantz, prefist le dit suppliant en count de Pembroke, et de ent en duk de Gloucestre; (fn. iv-419-513-1) a avoir et tenir a dit suppliant, les stiles, honoures et nouns, de count et duke avauntditz, pur terme de sa vie naturel: et outre, par mesmes les lettres patentz dona et graunta a dit suppliant, pur le dit estate de count le meillour supporter, .xx.li., et pur le dit estate de duke le meillour supporter, .xl.li., apprendrez annuelment pur terme de sa vie, des issues del countee de Pembroke, as festes de Seint Michell et Pasqe, par ouelx portions, par les mains des viscountz de mesme le countee pur le temps esteantz, sicome par mesmes les lettres patentz pleinement appiert. Et puis le .xxi. jour de May, l'an du regne vostre dit pier oeptisme, parentre Charles adonqes roy de Fraunce vostre aiell, et vostre dit pier; et entre les roialmes d'Engleterre et Fraunce, et lour subgitz de mesmes les roialmes, final pees fuist concluz et accordez, issint qe sibien par tiel encheson, come par force de l'ordinaunce et estatuit fait en le dit parlement, des possessions des priories alien en Engleterre esteantz, queux priories ne feurent mye conventuelx, ne les priours d'icelx institutz ne inductz; par qi ordeigne fuist, qe toutz tielx possessions en les mains vostre dit pier, a luy et a ses heirs perpetuelment duissent demurrer, savant a ses lieges, l'estat et possession q'ils avoient de son doun, graunt, confirmation ou licence, le dit priorie ove toutz ses profitz et commoditees a vous devoient parteigner; pur ceo qe le dit priorie ne fuist pas conventuel, ne les priours d'icell institutz ne inductz. Et soit ensi, qe puis le temps de prefectioun le dit suppliaunt as stiles, honours et nouns du count et duke en la fourme suisdite, vostre dit pier, ne vous, tresgracious seignur, n'avoistes ascuns issues ne profitz du dit countee, des queux le dit suppliaunt purroit ascunement prendre les ditz .xx.li. et .xl.li., ne null parcell d'icell par les mains du viscount du countee avauntdit, pur ceo qe vostre dit pier, par autres ses lettres patentz [...] faitz a Westm', le .xx. jour de July, l'an de son regne primer, devaunt le dit prefection de le dit suppliaunt en count et duke, avoit graunte a mesme le suppliaunt, par noun de son treschier frier Humfrey, entre autres le dit countee, ove toutz les issues et profitz d'icel, par noun del chastell et seignurie de Pembr', et le chastell et seignurie de Tembeigh, queux en ses mains pur certeins causes feurent devenuz; a avoir et tenir a dit suppliaunt, et a ses heirs de son corps engendrez, de luy et de ses heirs, par les services duez et custumez, ove toutz maners fraunchises, regalies, libertees, fynes, redemptions, custumes, fees des chivalers, [p. iv-444][col. a] avowesons d'esglises, pessherie, prises des vines, et autres profitz et commoditees as ditz chastelx et seignuries en ascun maner duez et accustumez; issint qe le dit suppliaunt ne fuist unqes paie, puis le dite prefection de luy en count et duke, de null denier des ditz summes de .xx.li. et .xl.li. a luy en la suisdite fourme grauntez. To the king our sovereign lord, your uncle Humphrey, duke of Gloucester, beseeches: whereas Henry late king of England, your noble father, whom God absolve, on 3 September in the first year of his reign [1413], granted from his special grace by his letters patent to the said supplicant, by the name of his most dear brother Humphrey of Lancaster, the alien priory of Pembroke, with its appurtenances, to have to him and to his heirs begotten of his body during the war between the said late king and his enemies of France, with the knights' fees, advowsons of churches, lands, tenements, and all other commodities and profits appertaining to the said priory, in the same form as Francis Court formerly held the said priory in his lifetime, or as the said late king would have held if it had remained in his hands, without rendering anything thereupon to the said late king or to his heirs, as is more fully contained in the said letters patent made thereupon. And then your said father by his other letters patent made at Leicester on 16 May in the second year of his reign [1414], in his parliament held there, with the assent of the prelates, nobles and the commons of his realm then assembled there, preferred the said supplicant as earl of Pembroke and also as duke of Gloucester; (fn. iv-419-513-1) to have and to hold to the said supplicant the ranks, honours and names of the aforesaid earl and duke for the term of his natural life: and in addition, gave and granted £20 to the said supplicant by the same letters patent in order to support better the said estate of earl, and £40 in order to support better the said estate of duke, to be received annually for the term of his life from the issues of the county of Pembroke by equal parts at Michaelmas and Easter by the hands of the sheriffs of the same county at the time, as is fully clear by the same letters patent. And then on 21 May in the eighth year of the reign of your said father [1420] final peace was concluded and agreed between Charles then king of France, your grandfather, and your said father, and between their realms of England and France and their subjects of the same realm, so that both in such a way and by force of the ordinance and statute made in the said parliament concerning the possessions of alien priories which were in England, - which priories were not conventual, nor the priors of them instituted nor inducted, by which it was ordained that all such possessions in the hands of your said father ought to remain with him and with his heirs forever, saving to his lieges the estate and possession which they had of his gift, grant, confirmation or licence, the said priory with all its profits and commodities ought to pertain to you because the said priory was not conventual nor the priors of it instituted nor inducted. And so it is that since the time of the preferment of the said supplicant to the ranks, honours and names of earl and duke in the aforesaid form, your said father, nor you, most gracious lord, have not had any issues or profits from the said county from which the said supplicant ought to receive the said £20 and £40, nor any part of it by the hands of the sheriff of the aforesaid county because your said father, by his other letters patent made at Westminster on 20 July in the first year of his reign [1413] before the said preferment of the said supplicant as earl and duke had granted to the same supplicant, by the name of his most dear brother Humphrey, the said county, among other things, with all the issues and profits of it, by the name of the castle and lordship of Pembroke, and the castle and lordship of Tenby, which were in his hands for certain reasons; to have and to hold to the said supplicant and to his heirs begotten of his body of him and his heirs by the services due and accustomed, with all manner of franchises, regalities, liberties, fines, redemptions, customs, knights' fees, [p. iv-444][col. a] advowsons of churches, fisheries, prises of wine and other profits and commodities due and accustomed in any way to the said castles and lordships; with the result that the said supplicant, since his said preferment as earl and duke was never paid any money from the said sums of £20 and £40 granted to him in the aforesaid form.
Que please a vostre tresgraciouse seignurie considerer les premisses, et sur ceo par auctorite d'icest present parlement, de vostre grace especial grauntier a dit suppliaunt, les ditz stiles, honours et nouns du count et duke, a aver a luy et a ses heirs males de son corps engendrez, et le dit priorie, ove toutz les terres, tenementz, rentes, services, possessions, pensions, portions, fees, avowesons des esglises, fraunchises et libertees d'icelx, et autres profitz qeconqes a icelles regardantz et spectantz, ove les appurtenaunces, a avoir del dit .xxi. jour de May, a luy et a ses ditz heirs males, pur le meillour supportation de ses suisditz stiles, honours et nouns, et en plein deduction et satisfaction de les suisdites summes de .xx.li. et .xl.li. a luy par vostre pier come desuis est dit grauntez, et de toutz les arrerages d'icell; le dit suppliant et ses ditz heirs males, trovantz quatre chapeleins, chauntantz annuelment divines services en le dit priorie, et paiantz annuelment des issues et profitz del dit priorie a seignur Tank Clux chivaler, pur terme de sa vie, .l.li., a luy grauntez del dit priorie par Henri jadis roi d'Engleterre vostre noble aiell: et qe par l'auctorite suisdite, cest graunte poet estre effectuell a dit suppliaunt, et a ses ditz heirs males, nient obstant qe expresse mention n'est fait en cest petition de la verray value des ditz priorye, terres, tenementz, rentes, services, possessions, pensions, portions, fees, avowesons des esglises, fraunchises et libertees, ne de ceo qe le dit suppliaunt ad de vostre doun, ne de doun de voz progenitours, ou ascun estatuit ou ordinaunce a contrarie fait auxint < nient > obstant. May it please your most gracious lordship to consider the foregoing and thereupon, by the authority of this present parliament, to grant from your special grace to the said supplicant the said ranks, honours and names of earl and duke, to have to him and to his male heirs begotten of his body, and the said priory with all the lands, tenements, rents, services, possessions, pensions, portions, fees, advowsons of churches, franchises and liberties of it, and any other profits pertaining or belonging to them, with their appurtenances, to be held from the said 21 May [1420] to him and to his said male heirs, for the better support of the aforesaid ranks, honours and names, and in full deduction and satisfaction of the aforesaid sums of £20 and £40 granted to him by your father, as is abovesaid, and of all the arrears of them; the said supplicant and his male heirs providing four chaplains to chant annually divine services in the said priory, and paying £50 annually from the issues and profits of the said priory to Lord Hartank van Clux, knight, for the term of his life, granted to him from the said priory by Henry late king of England, your noble grandfather: and that, by the aforesaid authority, this grant should be effective for the said supplicant and for his said male heirs, notwithstanding that express mention is not made in this petition of the true value of the said priory, lands, tenements, rents, services, possessions, pensions, portions, fees, advowsons of churches, franchises and liberties, and also notwithstanding that the said supplicant holds of your gift, or of the gift of your progenitors, or any statute or ordinance made to the contrary.
Qua quidem petitione, in parliamento predicto lecta, audita et plenius intellecta, de avisamento et assensu dominorum spiritualium et temporalium, ac communitatis regni Anglie, in eodem parliamento existentium, respondebatur eidem in forma subsequenti: Which petition having been read, heard and fully understod in the aforesaid parliament, with the advice and assent of the lords spiritual and temporal and the commons of the realm of England assembled in the same parliament, was answered in the following form:
Quantum ad nomen, statum et honorem comitis Pembr' et ducis Gloucestr', una cum summis pro eisdem primitus concessis; fiat prout petitur. Et quantum ad prioratum de Pembrok; quibusdam certis de causis dominum regem et ceteros dominos moventibus, idem dominus rex vult et concedit, quod prefatus dux Glouc' habeat eundem prioratum, cum omnibus suis pertinenciis superius specificatis, quamdiu regi placuerit, sustentando medio tempore divina obsequia modo quo superius specificatur; ac solvendo Hortonk van Clux chivaler, per idem tempus, quinquaginta libras annuatim, sibi de exitibus, proficuis et reventionibus predicti prioratus percipiendas concessis; ac etiam pro quolibet anno predicto, a predicto vicesimo primo die Maii, quinquaginta libras, absque aliquo alio regi solvendo, aut aliquo compoto inde reddendo. As regards the name, rank and honour of earl of Pembroke and duke of Gloucester, together with the sums granted at first for the same; let it be done as it is desired. And as regards the priory of Pembroke; with certain reasons moving the lord king and the other lords, the same lord king has willed and granted that the aforesaid duke of Gloucester should have the same priory with all its appurtenances specified above, as long as it shall please the king, meanwhile supporting divine services in the manner specified above; and paying £50 to Hartank van Clux, knight, for the same time, to be received annually from the issues, profits and revenues of the aforesaid priory granted to him; and also £50 for each aforesaid year from the aforesaid 21 May without paying anything else to the king, or rendering any account thereupon.
Concessio facta Hortonk van Clux chivaler. The grant made to Hartank van Clux, knight.
37. Item, quedam alia petitio exhibita fuit eidem domino regi, in parliamento predicto, per Hortonk van Clux, sub eo qui sequitur tenore verborum: 37. Item, another petition was presented to the same lord king in the aforesaid parliament by Hartank van Clux, under that tenor of words which follows:
A treshault et trespuissant Prince Henri, par la grace de Dieu roi d'Engleterre et de Fraunce, et mon tresgracious seignur, supplie humblement Hortonk van Clux chivaler: qe come le roi Henri quart, vostre aiell, qi Dieu assoill, par ses lettres patentz graunta au dit Hortonk, par noun de Hortonk van Clux esquier, quarant liveres, apprendrez annuelment, pur terme de sa vie, a l'eschequer du dit nadgairs roi, as termes de Pasqe et Seint Michell, par ouelx portions, come en les dites lettres patentz ent faitz est contenuz pluis au plein. Et coment le dit nadgairs roy, le treszisme jour de Novembre, [col. b] l'an de son regne unszisme, de sa grace especial, et al consideration auxibien de bon et acceptable service, come de les graundes labours, qe le dit Hortonk en le service du dit nadgairs roi, auxibien en Gales come aillours avoit et ad sustenue; et pur ceo q'il les dites lettres patentz en la chauncellarie du dit nadgairs roi ad restorez, pur y estre cancellez; graunta au dit Hortonk van Clux chivaler, cynquant liveres, apprendrez annuelment del ferme de priorie de Pembrok' aliene en Gales, en les mains du dit nadgairs roi esteant, par encheson de guerre par entre le dit nadgairs roi, et ceux de Fraunce moeve, a les termes de Pasqe et Seint Michell, par ouelles portions, par les mains des receivours, fermours ou autres occupiours del dit priorie pur le temps esteantz, a avoir tancome durant la vie du dit Hortonk, le dit priorie en les mains du dit nadgairs roi serroit a cause suisdite, come en mesmes les lettres patentz est contenuz pluis au plein. Et coment apres, c'est assavoir le vint et primer jour de May, l'an du regne le roi Henri quint vostre pier qi Dieu assoille .viij. e ; par entre Charles adonqes roi de Fraunce, et le dit vostre pier, pur eux, lour roialmes et subgitz, final peas fuist outrement conclude et concorde; par vertue de quele conclusion et concorde, le dit priorie, ove toutz les appurtenances, au dit vostre pier et ses heirs deveroit remaigner et apperteigner, come en une ordinaunce de priories aliens, fait en le parlement tenuz a Leycestre le darrein jour d'Averill, l'an du regne de dit vostre pier seconde, est contenuz pluis au plein. (fn. iv-419-521-1) Et pur ceo qe les dites lettres patentz faitz au dit Hortonk, par vostre dit aiell, de l'annuitee des ditz cynquaunt liveres, apprendrez del ferme de priorie avuntdit, par vertue del conclusion et concorde del final peas suisdite, et le dite ordinaunce fait le suisdit vint et primer jour de May, sount tenuz pur voide, et nient vaillables a mesme le Hortonk. To the most high and most mighty Prince Henry, by the grace of God king of England and of France, and my most gracious lord, Hartank van Clux, knight, humbly beseeches: whereas King Henry the fourth, your grandfather, whom God absolve, granted by his letters patent to the said Hartank, by the name of Hartank van Clux, esquire, £40 to be received annually for the term of his life at the exchequer of the said late king by equal parts at the terms of Easter and Michaelmas, as is more fully contained in the said letters patent made thereupon. And how the said late king, on 30 November [col. b] in the eleventh year of his reign [1409], from his special grace, and by consideration both of his good and acceptable service and of the great labours which the said Hartank had and had sustained in the service of the said late king both in Wales and elsewhere, and because the said letters patent had been returned to the chancery of the said late king in order to be cancelled there, granted £50 to the said Hartank van Clux, knight, to be received annually from the farm of alien priory of Pembroke in Wales, which was in the hands of the said late king by reason of the war moved between the said late king and those of France, by equal parts at the terms of Easter and Michaelmas, by the hands of the receivers, farmers or other occupiers of the said priory at the time, to have during the life of the said Hartank as long as the said priory should be in the hands of the said late king because of the aforesaid, as is more fully contained in the same letters patent. And how afterwards, that is on 21 May in the eighth year of the reign of King Henry the fifth [1420], your father, whom God absolve, final peace was finally concluded and agreed between Charles then king of France and your said father, for them, their realms and subjects; by virtue of which conclusion and concord the said priory with all its appurtenances ought to have remained and appertained to your said father and his heirs, as is more fully contained in an ordinance concerning alien priories made in the parliament held at Leicester on the last day of April in the second year of the reign of your said father. (fn. iv-419-521-1) And the said letters patent made to the said Hartank by your said grandfather for the annuity of the said £50 to be received from the farm of the aforesaid priory are considered void by virtue of the aforesaid conclusion and concord of final peace and the said ordinance made on the aforesaid 21 May, and are invalid for the same Hartank.
Please a vostre tresgraciouse seignurie considerer les premisses, et sur ceo, par avis et assent des seignurs espirituelx et temporelx assemblez en cest present parlement, de grauntier au dit suppliaunt voz graciouses lettres patentz, pur avoir et prendre la annuite de cynquaunt liveres annuelment pur terme de sa vie, des issues, profitz, revenues et commoditees qeconqes, de la dite priorie de Pembroke aliene en Gales et de ses appurtenances provenantz, apprendre par les mains des receivours, fermours, tenantz ou occupiours d'icel priorie et ses appurtenaces pur le temps esteantz, as termes de Pasqe et de Seint Michell, par ouelx portions. Et auxi de grauntier, qe pur chescun an depuis le suisdit vint et primer jour de May en cea, il puisse avoir, prendre et receiver cynquaunt liveres, provenuz et receuz des issues, profitz, revenues et commoditees, de le dit priorie ovec ses appurtenances qeconqes, depuis icel .xxi. jour en cea, par les mains de vostre uncle le duc de Gloucestre, qe durant icel temps les ad occupiez, ascuns ordinaunces ou estatuitz au contrarie faitz ou affaires nient obstant; ceo qe le dit Hortonk ad quarant marcz pur terme de sa vie, del graunte vostre dit aiell, a soun eschequer, et vint liveres pur terme de sa vie, del graunte vostre dit aiell, del priorie de Langenyth en Gower en Gales aliene, nient obstant; et ceo pur Dieu, et en oevere de charitee. May it please your most gracious lordship to consider the foregoing, and thereupon, by the advice and assent of the lords spiritual and temporal assembled in this present parliament, to grant to the said supplicant your gracious letters patent in order to have and receive the annuity of £50 annually for the term of his life from any issues, profits, revenues and commodities issuing from the said alien priory of Pembroke in Wales and from its appurtenances, to be received by the hands of the receivers, farmers, tenants or occupiers of that priory and its appurtenaces at the time by equal parts at the terms of Easter and Michaelmas. And also to grant that for each year from the aforesaid 21 May [1420] until now he should have, take and receive £50 issuing from and received from any issues, profits, revenues and commodities of the said priory with its appurtenances from that 21 day until now by the hands of your uncle the duke of Gloucester, who has occupied them during that time, notwithstanding any ordinances or statutes made or to be made to the contrary; and notwithstanding that the said Hartank has 40 marks for the term of his life from the grant of your said grandfather at his exchequer, and £20 for the term of his life from the grant of your said grandfather from the alien priory of Llangenydd in Gower in Wales; and this for God and by way of charity.
Qua quidem petitione, in parliamento predicto lecta, audita et plenius intellecta, de avisamento et assensu dominorum spiritualium et temporalium in eodem parliamento existentium, respondebatur eidem modo subsequenti: Which petition having been read, heard and fully understood in the aforesaid parliament, with the advice and assent of the lords spiritual and temporal assembled in the same parliament, it was answered to the same in the following manner:
Fiat prout petitur. (fn. iv-419-525-1) Let it be done as it is desired. (fn. iv-419-525-1)
[memb. 7]
< The port of Melcombe. > The port of Melcombe.
38. Item, une autre petition fuist baille au roy, en mesme le parlement, en la fourme q'ensuit: 38. Item, another petition was presented to the king in the same parliament in the form which follows:
To oure soverain lorde the kynge: plese it to your rial mageste, bithavis of your discrete and noble counseil, havynge consideration to the feblesse and nonsufficeante of youre porte of Melcombe, nouht enhabited, [p. iv-445][col. a] ne of strengthe to considere the goodes and marchaundises of youre marchantz it usynge, as it semed welle, by the losse that John Roger and other hadde ther late, for lakke and scarcete of helpe of peuple, to withstonde and resiste the malice of youre enemys, to grete fere and doute to youre marchantz to shippe eny good of value there, the whiche is bothe hurtynge of youre custume, and hyndrynge to youre seid marchantz; and on the tother side, gracious liege lorde, howe youre toune and havyn < of Pole > , is wele enhabited and manned, and þere is a seure and a sufficeaunt havene for shippes, where youre mair and burgeys been fully purposed, your gracious licence therto hadde, to walle, enkernell and fortefie, youre seid towne and havyn sufficiently by Goddes grace, for the saufgarde of alle marchaundises and other goodes thedir comynge: and also yn strengthinge and encresinge of < alle the cuntre > þeraboute. To our sovereign lord the king: may it please your royal majesty, by the advice of your discreet and noble council, to consider the poverty and insufficiency of your uninhabited port of Melcombe, [p. iv-445][col. a] which does not have the ability to take care of the goods and merchandise of your merchants who use it, as is most apparent by the loss which John Roger and others recently had there on account of the lack and shortage of people helping to withstand and resist the malice of your enemies, to the great fear and dread of your merchants who ship any valuable goods there, which is both damaging your customs and a hinderance to your said merchants; and, on the other hand, gracious liege lord, how your town and harbour of Poole is well inhabited and manned, and there is a secure and a sufficient haven for ships, where, by God's grace, your mayor and burgesses fully intend, having received your gracious licence thereupon, to wall, crenellate and fortify sufficiently your said town and harbour for the safe-keeping of all the merchandise and other goods arriving there: and also for the fortification and reinforcement of all the surrounding area.
Wheruppon it like to youre seide mageste, to graunte hem youre seid licence, so to fortefie the seide towne and havyn, and yn relevation of that charge, of youre habundant grace to anulle the seide porte of Melcombe, and make youre seid towne and haven of Pole a porte; so that alle manere marchantz, bothe denizeins and straungers, mowe there have shippynge, and dischargynge of alle manere marchaundises, stapleware and other, as frely as yn any of youre portes: and that youre mair ther may have sufficeant power to take reconisances of the staple and to have and use all other fraunchises and libertees as the porte of Suthampton hath, any statut or ordenance of the contrarie made nouyt withstondinge; yn the wey of charite. Whereupon may it please your said majesty to grant them your said licence to fortify the said town and harbour, and in relief for that charge, from your abundant grace to annul the said port of Melcombe, and make your said town and harbour of Poole a port; so that all manner of merchants, both denizens and foreigners, may have shipping there and the discharge of all kinds of merchandise, stapleware and other things as freely as in any of your ports: and that your mayor there may have sufficient power to take recognizances of the staple and to have and use all other franchises and liberties as the port of Southampton has, notwithstanding any statute or ordinance made to the contrary; by way of charity.
A la quele petition, les communes de mesme le parlement doneront lour assent, solonc la fourme d'une cedule a mesme < la > petition par eux annexe. Le tenour de quele cedule cy ensuyt: To which petition the commons of the same parliament have given their assent, according to the form of a schedule attached to the same petition. The tenor of which schedule folows here:
The communes ben assented to this bille, so that the seide towne and haven of Pole, ferst begynne to be aporte at the fest of Seint Hillary next comynge, and not afore: and that the seide porte Melcombe, lese not his strength, ne be not adnulled afore the seide fest of Seynt Hillary. And that alle maner assignementz of paiement made yn the seide port of Melcombe, may stande as effectuell yn the saide port of Pole, as they now do in the saide port of Melcombe. The commons have assented to this bill so that the said town and harbour of Poole may commence to be a port at the next feast of St Hilary [13 January 1434], and not before: and that the said port of Melcombe shall not lose its position, nor be annulled before the said feast of St Hilary. And that all kinds of methods of payment made in the said port of Melcombe may be as valid in the said port of Poole as they are now in the said port of Melcombe.
Les quelles petition et cedule, devaunt le roy en mesme le parlement lieux et entenduz, la dite petition fuist responduz en la fourme ensuant: Which petition and schedule having been read and understood before the king in the same parliament, the said petition was answered in the following form:
Le roy le voet. (fn. iv-419-537-1) The king wills it. (fn. iv-419-537-1)
< John Radclif, knight, seneschall of the duchye of Guyen'. > John Radcliffe, knight, steward of the duchy of Guyenne.
39. Item, for as moch as divers assignementz be lettres patentz and be tailles be made to John Radclyf, knyght, the kyngs seneschall of his duchee of Guyen', to be hadde and received of the custumes and subsidies yn the porte of Melcombe, of the which he is not yit fully content and paied. The kyng wyll and graunteth, that alle þe saide assignementz be taill, or be lettres patentz, made to the seide seneschall, be as effectuell, and in as grete strengthe and value in the port of Pole, as they shuld have bee in the seide port of Melcombe, if it hadde stoude still a port; and that þe chaunceller of Ingelond for the tyme beyng, have power to make to the same seneschall, suche and as meny writtes uppon the saide lettres patentz and taillez, as shull be necessarie to the seide seneschall, for ful paiement of the saide assignementz, to the collectours of the custumes and subsidies yn þe saide port of Pole for the tyme beyng, and in the same forme and maner, like as he myght or shuld have made to the custumers in the port of Melcombe, if it hadde not be adnulled: and that the seide collectours in the saide port of Pole, be allowed in ther accompt in þe escheqer, of alle the paiementz that they shall make to the [col. b] seide seneschall, be vertu of writtes directe to hem upon þe seide lettres patentes and taillez, like as þe seide collectours in the port of Melcombe, be or oght to be allowed in ther accompt, of the paiementz made be them to þe seid seneschall, be vertu of þe assignementz aforseid. 39. Item, whereas several assignments by letters patent and by tallies have been made to John Radcliffe, knight, the king's steward of his duchy of Guyenne, to be taken and received from the customs and subsidies in the port of Melcombe, of which he is not yet fully satisfied and paid. The king wills and grants that all the said assignments made by tallies or by letters patent to the said steward shall be as effective and have as much authority and value in the port of Poole as they should have had in the said port of Melcombe if it had remained a port; and that the chancellor of England at the time shall have power to make for the same steward such and as many writs on the said letters patent and tallies as shall be necessary to the said steward for the full payment of the said assignments addressed to the collectors of the customs and subsidies in the said port of Poole at the time, and in the same form and manner as he might or should have made to the customs officers in the port of Melcombe if it had not been annulled: and that the said collectors in the said port of Poole shall have allowance in their accounts at the exchequer for all the payments that they shall make to the [col. b] said steward by virtue of the writs addressed to them on the said letters patent and tallies, as the said collectors in the port of Melcombe are or ought to be allowed in their accounts for the payments made by them to the said steward by virtue of the aforesaid assignments.
[memb. 6]
Johanna de Beauchamp', domina de Bergevenny, securitas pacis. Joan Beauchamp, Lady Abergavenny, security of the peace.
40. Memorandum quod cum tricesimo die Aprilis, anno regni domini Henrici nuper regis Anglie patris domini regis nunc sexto, Johannes Barton de Thornton in comitatu Buk' junior, Ricardus Fox de Arkesden' in comitatu Essex', Willelmus Aubrey de Cowerne in comitatu Hereford', et Henricus Rous de Lench' in comitatu Wygorn', coram prefato nuper rege in cancellaria sua personaliter constituti, manuceperint pro Johanna de Beauchamp', domina de Bergevenny, videlicet, quilibet eorum sub pena ducentarum librarum, ac eadem Johanna assumpserit pro se ipsa, sub pena .m. et ducentarum librarum, quod ipsa dampnum vel malum aliquod Nicholao Burdet, aut alicui de populo dicti nuper regis, de corporibus suis non faceret nec fieri procuraret quovis modo. Quam quidem summam ducentarum librarum, quilibet manucaptorum predictorum, ac dictam summam .m. et ducentarum librarum, prefata Johanna, concesserunt de terris et catallis suis, ad opus dicti nuper regis levari, si dampnum vel malum aliquod eidem Nicholao aut alicui de populo ejusdem nuper regis de corporibus suis, per prefatam Johannam vel procurationem suam eveniret ullo modo. Ac postmodum dato domino regi nunc intelligi, inter alia, quod Willelmus Lee, Henricus Brokesby, Henricus Fylongley, Johannes Ryder, Thomas Russell, Johannes Seggesly, Meredyth Walsshman, Thomas Fauconer, Thomas Yerdeley, Johannes Loudham, Johannes de Wyrley, Henricus Cook de Weoly, Alexander Shefeld, Johannes Chewe, Johannes Morys et multi alii, per abettamentum, excitationem et procurationem predicte Johanne, apud Byrmyngham, die Sabbati in quarta septimana Quadragesime, anno regni ejusdem domini regis nunc nono, vi et armis, videlicet, gladiis, baculis, arcubus, sagittis, loricis, cappis ferreis, palettis et aliis armaturis, in Thomam Peynton, Ricardum Arblastre, Johannem Cutte, Johannem Glover, Willelmum Squyer, Johannem Cook, Johannem Fraunceys, Willelmum Stretton', Hugonem Roggeres, Johannem Penford, Ricardum nuper servientem Ricardi Walrond, Johannem Necheles, Johannem Lord et plures alios, adtunc et ibidem insultum fecerunt, et ipsos verberaverunt, vulneraverunt, mahemiaverunt et male tractaverunt, ita quod de vita eorum desperabatur, et alia enormia eis intulerunt, contra pacem ejusdem domini regi nunc, et contra vim, formam et effectum manucaptionis, assumptionis et concessionum predictarum: de quibus quidem abettamento, excitatione et procuratione predicta Johanna, per inquisitionem inde inter ipsum dominum regem nunc, et prefatam Johannam, coram ipso domino rege apud Westm', in quindena Sancti Michaelis, anno regni sui decimo, virtute brevis sui de scire facias captam, convicta fuit; consideratum fuerit in curia sua, coram ipso, quod idem dominus rex nunc recuperaret versus prefatam Johannam, dictas .m. et ducentas libras per ipsam in forma predicta concessas; quodque idem dominus rex versus ipsam inde haberet executionem, prout in recordo et processu inde habitis plene liquet. Subsequenterque, ad supplicationem ipsius Johanne, per petitionem suam eidem domino regi, per petitionem suam in parliamento suo apud Westm', duodecimo die Maii, anno regni sui decimo tento exhibitam, suggerentis in dictis recordo et processu, ac etiam in redditione judicii predicti, diversimode fuisse erratum, eadem recordum et processum, cum omnibus ea tangentibus, coram ipso domino rege, in eodem parliamento venire fecerit: (fn. iv-419-543-1) ac tam [p. iv-446][col. a] recordo et processu predictis, quam erroribus per prefatam Johannam in hac parte assignatis lectis, plenius et intellectis; auditis etiam nonnullis rationibus, altegationibus et motivis justicariorum, et servientum ad legem, ac aliorum legis peritorum, tam pro ipso domino rege, quam pro prefata Johanna hincinde factis et habitis: pro eo quod curia parliamenti predicti, adtunc non avisabatur ad judicium in hac parte reddendum; consideratum fuerit quod predicta Johanna haberet diem essendi coram ipso rege in parliamento suo extunc proximo tenendo, quandocumque et ubicumque infra regnum suum Anglie teneri contingeret, ad faciendum et recipiendum quod in hac parte tunc ibidem contingeret ordinari; quodque recordum et processus predicta, cum omnibus ea tangentibus, in predicto proximo parliamento continue essent parata: et quod executioni judicii predicti interim supersederetur ex causa supradicta. Jamque prefata Johanna in presenti parliamento, quod fuit proximum parliamentum post predictum parliamentum, dicto anno decimo tentum, optulerit se paratam et concesserit ad solvendum dicto domino regi .m. libras, et ad remittendum et relaxandum Humfrido Stafford' de Grafton in comitatu Wygorn' militi, vicecomiti Warr' et Leyc', tempore impetrationis et executionis dicti brevis de scire facias, et quibuscumque tunc ballivis et ministris ipsius domini regis in dictis comitatibus Warr' et Leyc', et aliis personis quibuscumque, omnimodas actiones, sectas, querelas, vel demandas personales, quas versus ipsos Humfridum, ballivos, ministros et alios predictos, vel eorum aliquem, habet vel habere poterit, ratione alicujus defectus, offense vel mesprisionis, in executione, prosecutione vel retorno aliquorum brevium, preceptorum vel aliorum mandatorum regis, versus ipsam Johannam, vel manucaptores suos predictos, aut eorum aliquem, super prosecutione dicti brevis regis de scire facias, vel processu ejusdem factis, aut alterius cause vel materie recognitionem, recordum et processum predicta, vel eorum aliquod, tangentis seu quomodolibet concernentis; in casu quo idem dominus rex, eidem Johanne, ac manucaptoribus suis predictis, et eorum cuilibet, necnon heredibus, executoribus et terrarum tenentibus eorumdem, et eorum cuilibet, recognitionem, judicium et executionem predicta; necnon eisdem Johanne, et manucaptoribus suis predictis, heredibus, executoribus et terrarum tenentibus suis predictis, et eorum cuilibet, ac aliis quibuscumque, omnimodas actiones, sectas, impetitiones, executiones et demandas, quas versus ipsos, vel eorum aliquem, ratione manucaptionis, assumptionis, recognitionis, judicii, et executionis predictorum, vel eorum alicujus, habuit vel habere potuit, remittere et relaxare vellet. Idem dominus rex, premissa ponderans, et pro eo quod prefata Johanna, predictas .m. libras eidem domino regi solvit ad receptam scaccarii sui, necnon pro eo quod eadem Johanna prefato Humfrido, et omnibus ballivis, ministris et aliis predictis, omnimodas actiones quas versus ipsos, vel eorum aliquem, ratione premissorum habuit vel habere potuit, in eodem presenti parliamento remisit et relaxavit, et ipsos inde tantummodo versus eandem Johannam acquietavit et exoneravit; de avisamento et assensu dominorum spiritualium et temporalium in presenti parliamento existentium, remisit et relaxavit, tam prefate Johanne, predictas .m. et ducentas libras, quas versus ipsam ut premittitur recuperavit, quam cuilibet predictorum manucaptorum, predictas ducentas libras, in quibus per recognitionem suam predictam taliter extitit obligatus; ac etiam omnimodas actiones, sectas, impetitiones, executiones seu demandas, quas versus eandem Johannam, aut manucaptores suos predictos, heredes, executores vel terrarum tenentes suos, aut eorum aliquem, [col. b] vel alios quoscumque, ratione manucaptionis, assumptionis, recognitionis, judicii et executionis predictorum habuit vel habere potuit: necnon quicquam aliud quod ad ipsum dominum regem nunc, vel heredes suos, hiis occasionibus, versus ipsos, vel eorum aliquem, heredes, executores, vel terrarum tenentes suos predictos, pertinet vel pertinere potuit quoquomodo. Et si aliqua obscuritas, insufficientia, defectus, omissio sive incertitudo in litteris regis patentibus inde in forma debita conficiendis habeatur, tunc easdem litteras, de avisamento consilii sui voluit reformari, absque aliquo feodo sigilli sui, pro eisdem litteris vel pro reformatione earumdem solvendo. Et ulterius, idem dominus rex voluit et concessit, quod prefata Johanna, nomina illorum quos pro hujusmodi remissionibus et relaxationibus habendum de vel pro premissis vel aliquo eorumdem nominare voluerit, eadem nomina citra octabas Purificationis Beate Marie proximo futuro, eidem domino regi et consilio suo pro tempore existento, vel in cancellaria sua, deliberet. Et idem dominus rex, per litteras suas patentes sub magno sigillo suo, eisdem personis sic nominandis, omne id quod ad ipsum dominum regem, ratione manucaptionis, assumptionis, recognitionis, judicii et executionis predictorum, vel alicujus eorumdem, pertinet vel pertinere poterit quoquomodo, remittet et relaxavit. Proviso semper, quod prefata Johanna omnimodas actiones, sectas, querelas et demandas personales, quas habet vel habere poterit, versus prefatum Humfridum, vel nuper ballivos et ministros regis predictos, aut alios quoscumque, ratione alicujus defectus, offense vel mesprisionis in executione, prosecutione vel retorno aliquorum brevium, preceptorum vel aliorum mandatorum regis predictorum, versus ipsam Johannam, vel manucaptores suos predictos, aut eorum aliquem ut premittitur facte, aut alterius cause vel materie recognitionem, recordum et processum predicta, vel eorum aliquod, tangentis sue quomodolibet concernentis, eidem Humfrido, ac ballivis, ministris et aliis predictis, qui relaxationem prefate Johanne habere, et eorum nomina in cancellario regis ex hac causa, citra octabas predictas certificare voluerint, ad vel citra easdem octabas per litteras ejusdem Johanne sigillo suo signatas remittat et relaxet. 40. Be it remembered that whereas on 30 April in the sixth year of the reign of Lord Henry late king of England [1418], the father of the present lord king, John Barton of Thornton in the county of Buckingham, junior, Richard Fox of Arkesden in Essex, William Aubrey of Cowarne in the county of Hereford, and Henry Rous of Lench in the county of Worcester who were assembled in person before the lord king in his chancery, undertook for Joan Beauchamp, Lady Abergavenny, that is, each of them on pain of £200, and the same Joan herself undertook for herself on pain of £1,200, that she herself would not in any way cause nor incite to be caused any bodily damage or harm to Nicholas Burdet or to any of the people of the said late king. Which sum of £200 each of the aforesaid mainpernors and the said sum of £1,200 the aforesaid Joan granted to be levied from their lands and chattels for the benefit of the said late king if any damage or harm occurred in any way to the bodies of the same Nicholas or any of the people of the same late king by the aforesaid Joan or by her instigation. And afterwards with the present lord king having been given to understand, among other things, that William Lee, Henry Brokesby, Henry Fylongley, John Ryder, Thomas Russell, John Seggesly, Meredith Walsshman, Thomas Fauconer, Thomas Yerdeley, John Loudham, John de Wyrley, Henry Cooke of Weoley, Alexander Shefeld, John Chewe, John Morys and many others by the abetment, incitement and instigation of the aforesaid Joan, at Birmingham on Saturday in the fourth week of Lent in the ninth year of the reign of the same present king with force of arms, namely with swords, cudgels, bows, arrows, shields, iron helmets, paltocks and other armour, made an attack then and there on Thomas Peynton, Richard Arblastre, John Cutte, John Glover, William Squyer, John Cook, John Fraunceys, William Stretton, Hugh Roggeres, John Penford, Richard, late servant of Richard Walrond, John Necheles, John Lord and many others, and beat, injured, maimed and maltreated them so that they feared for their lives and inflicted other enormities on them against the peace of the same present king and against the force, form and effect of the aforesaid undertaking, agreement and grant: of which abetment, incitement and instigation the aforesaid Joan, by inquest held thereupon between the present lord king himself and the aforesaid Joan before the lord king himself at Westminster on the quinzaine of Michaelmas in the tenth year of his reign [12 October 1431] by virtue of his writ of scire facias, was convicted; it was adjudged in his court, before him himself, that the same present lord king should recover the said £1,200 against the aforesaid Joan, granted by her in the aforesaid form; and that the same lord king should have execution thereupon against her, as is fully clear in the record and process made thereupon. And subsequently, at the supplication of Joan herself, by her petition presented to the same lord king in his parliament held at Westminster on 12 May in the tenth year of his reign, suggesting there to have been several errors in the said record and process, and also in the giving of the aforesaid judgment, he caused the same record and process, with all things pertaining to them, to come before the lord king himself in the same parliament: (fn. iv-419-543-1) and with both [p. iv-446][col. a] the aforesaid record and process and the errors pointed out by the aforesaid Joan in this regard having been read and fully understood; having also heard several reasons, allegations and motives of the justices and serjeants-at-law, and of others skilled in the law, both on behalf of the lord king himself and on behalf of the aforesaid Joan henceforward having been reflected upon and considered: because that court of the aforesaid parliament was then not advised to render judgment on this matter, it was adjudged that the aforesaid Joan should have a day to be before the lord king himself in his next parliament to be held, whenever and wherever it should happen to be held in his realm of England, to accept and receive that which would then be ordained there on this matter; and that the aforesaid record and process, with all things pertaining to it, should always be available in the aforesaid next parliament: and that execution of the aforesaid judgment should cease meanwhile because of the aforesaid. And then the aforesaid Joan in the present parliament, which was the next parliament after the aforesaid parliament, held in the said tenth year, offered and granted herself willing to pay £1,000 to the said lord king, and to surrender and release to Humphrey Stafford of Grafton in the county of Worcester, knight, sheriff of Warwick and Leicester at the time the said writ of scire facias was obtained and executed, and to any bailiffs and officials of the present lord king himself in the said counties of Warwick and Leicester, and to any other persons, all manner of actions, suits, pleas or personal claims which she has or is able to have by reason of any default, mistake or error in the execution, prosecution or return of any writs, precepts or other mandates of the king against Joan herself or her aforesaid mainpernors, or any of them, concerning the prosecution of the said king's writ of scire facias, or the process of the same, or other reason or matter pertaining or concerning the aforesaid recognizance, record and process, or any of them, in any way; in which case the same lord king has willed to surrender and release to the same Joan, and to her aforesaid mainpernors, and to each of them, and also to their heirs, executors and land-tenants, and each of them, the aforesaid recognizance, judgment and execution; and also [to surrender and release] to the same Joan and to her aforesaid mainpernors, to their aforesaid heirs, executors and land-tenants, and to each of them, and to any other persons, all manner of actions, suits, impeachments, executions and claims which he had or was able to have againt them, or any of them, by reason of the aforesaid mainprise, agreement, recognizance, judgment and execution, or any of them. The same lord king - considering the foregoing, and, because the aforesaid Joan has paid the aforesaid £1,000 to the same lord king at the receipt of his exchequer, and also because the same Joan has surendered and released to the aforesaid Humphrey and to all the aforesaid bailiffs, officials and other persons in the same present parliament all manner of actions which she had or was able to have against them, or any of them, by reason of the foregoing, and they themselves have discharged and released only so much thereupon towards the same Joan, - with the advice and assent of the lords spiritual and temporal assembled in the present parliament, has surrendered and released both the aforesaid £1,200 to the aforesaid Joan, which he recovered from the same, as mentioned above, and the aforesaid £200 to each of the aforesaid mainpernors, to whom he was thus bound by his aforesaid recognizance; and also all manner of actions, suits, impeachments, executions or claims which he had or was able to have against the same Joan or her aforesaid mainpernors, their heirs, executors or land-tenants, or any of them, [col. b] or any other persons, by reason of the aforesaid mainprise, agreement, recognizance, judgment and execution: and also any other thing which pertains or is able to pertain in any way to the present lord king himself or his heirs for these reasons, against them or any of them, their aforesaid heirs, executors or land-tenants. And if there is any obscurity, insufficiency, defect, omission or uncertainty in the king's letters patent made in due form thereupon, then, with the advice of his council, he has willed the same letters to be amended without any fee being paid for his seal for the same letters or for their amendment. And in addition, the same lord king has willed and granted that the aforesaid Joan should deliver the names of those whom she wished to have for such surrenders and releases to the same lord king and his council at the time before the octave of the Purification of St Mary next either for the foregoing, or for any other issue. And the same lord king has surrendered and released by his letters patent under his great seal to the same persons thus to be named all that which pertains or is able to pertain in any way to the lord king himself by reason of the aforesaid mainprise, agreement, recognizance, judgment and execution, or any of them. Provided always that the aforesaid Joan surrenders and releases all manner of actions, suits, pleas and personal claims which she has or is able to have against the aforesaid Humphrey, or the late aforesaid bailiffs and officials of the king, or any of them, by reason of any default, mistake or error made in the execution, prosecution or return of any of the aforesaid writs, precepts or other mandates of the king against Joan herself or her aforesaid mainpernors, or any of them, as is mentioned above, or other reason or matter pertaining or concerning the aforesaid recognizance, record and process, or any of them, in any way, to the aforesaid Humphrey and the bailiffs and officials and other persons, who have release of the aforesaid Joan, and be willing to certify the names of those in the king's chancery for that reason before the aforesaid octaves, on or before the same octaves by letters of the same Joan sealed with her seal.
41. Memorandum quod vicesimo primo die Decembris anno regni domini regis nunc duodecimo, in parliamento predicto, in presentia prefati domini regis, quamplures domini spirituales et temporales de consilio regis prius existentes tunc presentes, videlicet, Humfridus dux Gloucestrie, Henricus cardinalis Anglie; Henricus Cantuar', Johannes Ebor', archiepiscopi; Thomas Dunelm', Philippus Elien', Willelmus Lincoln', Johannes Roffen', Johannes Bathon', cancellarius Anglie, episcopi; Johannes Huntyngdon', Ricardus Warr', Henricus Stafford', Willelmus Suff', et Henricus Northumbr', comites; ac Radulphus Crumwell, thesaurarius Anglie, et Johannes Tiptoft; interrogati fuerunt, si eidem consilio regio intendere vellent: qui quidem cardinalis, archiepiscopi, ac Elien' et Lincoln' episcopi, post diversas notabiles excusationes per ipsos singulariter factas, tandem conclusive concesserunt prefato domino regi, ad intendendum consilio suo, non tamen continue, set saltem tempore curie, absque onere eidem domino regi pro eorum intendentiis imponendum; ita quod tempore vacationum, suis possent curis intendere et vacare: prefatus etiam episcopus Dunelm', ob sue gratiam senectutis, ab hujusmodi intendentia consiliis excusatus fuit: ceteri vero domini tam spirituales quam temporales predicti singillatim concesserunt ad intendendum consiliis regis predictis, prout antea intendebant eisdem. 41. Be it remembered that on 21 December in the twelfth year of the reign of the present lord king very many lords spiritual and temporal who were previously on the king's council and were then present in the aforesaid parliament, in the presence of the aforesaid lord king, namely, Humphrey, duke of Gloucester, Henry, cardinal of England; Archbishops Henry of Canterbury, John of York; Bishops Thomas of Durham, Phillip of Ely, William of Lincoln, John of Rochester, John of Bath, chancellor of England; Earls John of Huntingdon, Richard of Warwick, Henry of Stafford, William of Suffolk, and Henry of Northumberland, and Ralph Cromwell, treasurer of England, and John Tiptoft were asked whether the same wished to attend the king's council: which cardinal, archbishops and the bishops of Ely and Lincoln, after several notable excuses were made by them, at length finally agreed to the aforesaid lord king to attend his council, however not continuously, but at least in the time of the court, without imposing a charge on the same king for their attendance; so that in the period of the vacations they might be absent to their cures: also the aforesaid bishop of Durham was excused from such attendance on the council on account of his age: one by one the other aforesaid lords both spiritual and temporal agreed to attend the aforesaid king's council, just as they had attended earlier.
[p. iv-447]
[memb. 5]
ITEM, DIVERSES COMMUNES PETITIONS FURENT BAILLEZ A MESME NOSTRE SEIGNUR LE ROY EN CEST PRESENT PARLEMENT PAR LES COMMUNES DU ROIALME ESTEANZ EN YCELL; LES TENOURS DES QUEUX, OVEC LOUR RESPOUNCES, CY ENSUENT. ITEM, VARIOUS COMMON PETITIONS WERE PRESENTED TO OUR SAME LORD THE KING IN THIS PRESENT PARLIAMENT BY THE COMMONS OF THE REALM WHO WERE ASSEMBLED IN IT, THE TENORS OF WHICH, TOGETHER WITH THEIR ANSWERS, FOLLOW HERE.
Petitiones communitatis. Petitiones communitatis.
[col. a]
I. [Stews in Southwark.] I. [Stews in Southwark.]
42. < Stewes. > Please hit to the wysydome and high discretion of the worshipfull communes in this present parliament assemblid to consider a grete myschief in late dayes begonne amonge untrewe lyvers, and poeple withoute conscience, and yet duellyng in a suspect and wycked place called the stewys in the burgh of Southewerke in the shire of Surr'. That ys to wete, howe þat withinne fewe dayes diverse persones of right grete poverte, and right disolute governance, withinne a fewe yeres duellyng in the saide suspect place, as well by recettyng of comon women, thefes, mansleers and avoutoures, as by murdererys, and prive roberyes, done ther by hem self and other many, withoute petie, trouth and goode conscience, ther prevyly logid, have sodenly comyn to grett rychesse, and therwith purchasyd grett lyvelod of londes and tenementes, to right grete value yerly; and by cause of sufficeaunt of frehold so purchased, have been ofte retourned by the shereve of the shire, and oþere baillifs, and sworen in enquestes, as well for felonies and trespasses betwene the kyng and partie, and partie and partie, as in assises, and other plees of lond, afore diverses jugges of oure liege lord in his courtes, and afore the steward and marschall of his houshold; thorugh whiche causes, many and diverses disheretaunces and wrongfull condempnations of many trewe liege men of oure sovereigne lord have been hadde, and many murdererys of men, and notarye theves have been savyd, and gret murdererys and robberies conseled and passed unponischid: and howe the said suspecte poeple, enhabyte hem in comune hostries and tavernys in the high strete of the said burgh, there recettyng theves, commune women, and other mysdoers, in lyke wyse as they deden at the said suspect place of the stewys. 42. Stews. May it please the wisdom and mighty discretion of the worshipful commons assembled in this present parliament to consider: a great wrong has recently arisen among unfaithful people and those without conscience who are dwelling in an evil and wicked place called the stews in the borough of Southwark in Surrey. That is to say, that in a short space of time several persons of most great poverty and most dissolute behaviour, who have dwelled in the said evil place for a few years, have suddenly come into great wealth both by receiving common women, thieves, murderers and adulterers, and by murders and private robberies committed there without pity, righteousness and good conscience by themselves and by many others who are privately lodged there, and with that have purchased large amounts of property consisting of land and tenements which has a very large annual value; and because sufficient freehold has been thus purchased they have often been returned by the sheriff of the county and other bailiffs, and sworn in inquests both for felonies and trespasses between the king and party, and party and party, and in assizes and other pleas of land before several judges of our liege lord in his courts, and before the steward and marshal of his household; on account of which matters many and various disinheritances and wrongful condemnations of many true liegemen of our sovereign lord have been made, and many murderers of men and notorious thieves have been saved, and large numbers of murders and robberies have been concealed and gone unpunished: and how the said evil people live in common hostelries and taverns in the high street of the said borough, receiving there thieves, common women, and other wrongdoers, in the same way as they did at the said evil place called the stews.
Lyke hit to youre high discretions, these premisses considered, and that suche poeple withoute conscience, mowe not of reason be undirstouden worthi of trouth, nor to bere witnesse of trouth in any cause where right is to be enquered; to praye the kyng oure sovereigne lord, that by the assent of the lordes espirituelx and temporelx, and by auctorite of this present parliament to ordeyne, that yef any suche persone be retorned by any sheref, baillif, or other ministres of oure sovereigne lord the kyng, in the said shire of Surr', or by any minister afore the steward and marshall of the kynges houshold, that as well for the kyng as for any partie, he maye in all tymes here after be chalanged, and the chalenge in this partie allowed in this partie, for the cause aforesaid. And also that non suche that have so duellyd at the seid stewys, be sufferid to hold any commune hostrie nor tavern, in any other place withinne the said Suthwerk, sauf onely atte the said stewys in escheuyng of murdererys, robberiez and avoutries, that ellys been likly to ben hadde. And that the justices of the pees in the said shire of Surr', have power to enquere of all suche holders of hostries and tavernes, and to punysche hem that suche been, by fyn and raunson, and inprisonyng of here bodies, aftre the discretion of the said justices; for the love of God, and in wey of charitee. May it please your high discretions, having considered the foregoing, and that such people without conscience should not reasonably be considered worthy of truth, nor to bear witness to truth in any matter where right is to be inquired; to pray the king our sovereign lord, that by the assent of the lords spiritual and temporal and by the authority of this present parliament, to ordain that if any such person be returned by any sheriff, bailiff, or other officials of our sovereign lord the king in the said Surrey, or by any official before the steward and marshal of the king's household that, both on behalf of the king and on behalf of any party, he may be challenged at all times hereafter, and the challenge in this regard be allowed in this case for the aforesaid reason. And also that no such person who has dwelled in the said stews be allowed to keep any common hostelry or tavern in any other place within the said Southwark, but only in the said stews, in order to avoid murders, robberies and adulteries which would otherwise have probably taken place. And that the justices of the peace in the said Surrey have power to inquire concerning all such keepers of hostelries and taverns, and to punish those thus found by fine and ransom and by imprisoning their bodies, according to the discretion of the said justices; for the love of God, and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. (fn. iv-419-555-1) The king wills it. (fn. iv-419-555-1)
[col. b]
II. [John Carpenter.] II. [John Carpenter.]
43. < John Carpenter murdured his wife. > A roy nostre sovereigne seignur besechen humbly youre communes of this present parliament: that where one John Carpenter of Brydham in the shire of Sussex, husbondman, the .vij. daye of Feverer the yere of youre noble reigne the .viij. te , saying to Isabell his wyff, that was of the age of .xvi. yere, and hadde be maried to hym [but .xv. dayes, that they wold] goo togedre on pilgremage, and made to arraye hir in hir best arraie, and toke hir with hym, for the said toune of Bridham, to the toun of Stoghton, in [the said shire, and there in a woode] he smote the said Isabell his wiff on the hede, that the brayne wende oute, and with his knyff yaf her many other dedly woundes, and streped [hir naked oute of hir clothes, and toke] his knyff and slytte hir bely from the brest doune, and toke hir bowels oute of hir body, and loked if she wer with child; and thus the said John [murdered horribly his wyff: of the whiche horrybly] murdure, þe Thursday next after the fest of Seint Ambrose the bisshop, the yere of your reigne byfore seid, < the said > John was endited byfore [Sir John Bohun knyght, Henry Husee knyght] , and William Sydney, youre commissioners of youre pees withinne the shire foreseid, and proces made oute upon the same enditement, [according to youre lawe, till the said] John Carpenter was outelawed of the said mourdure, and nowe graciously for the same cause areste, and in youre prisone called the Kynges [Bench.] 43. John Carpenter, who murdered his wife. To the king our sovereign lord your commons of this present parliament humbly beseech: whereas one John Carpenter of Birdham in Sussex, husbandman, on 7 February in the eighth year of your noble reign [1430], said to Isabel his wife, who was 16 years of age and had been married to him for only 15 days, that they would go together on pilgrimage, and dressed her in her best clothes and took her with him from the said town of Birdham to the town of Stoughton in the said county, and there in a wood he hit the said Isabel his wife on the head, so that her brain came out, and with his knife gave her many other deadly wounds, and stripped her naked from her clothes, and took his knife and slit her stomach from the breast down, and removed her bowels from her body and looked to see if she was pregnant; and thus the said John horribly murdered his wife: of which horrible murder on Thursday after the feast of St Ambrose the bishop, in the aforesaid year of your reign [6 April 1430], the said John was indicted before Sir John Bohun, knight, Henry Husee, knight, and William Sydney, your commissioners of your peace within the aforesaid county, and process was begun on the same indictment according to your law, until the said John Carpenter was outlawed for the said murder, and mercifully he has now been arrested for the same crime and is in your prison called King's Bench.
[Please hit to youre rightwisnesse] to considere the horrible murdure foresaid, and by auctoritee of this youre hie courte of parliament to ordine, that the said John Carpenter may be [juged as a traitour, and þat youre jugges] have power to yeve jugement upon hym, to be drawe and hanged as a traytour, in eschewyng of suche horrible mourdurs in tyme comyng: [savyng allwey to the lorde of] the fee, eschetes of his landes, aftir yere, day and wast. May it please you most wise lord to consider the horrible aforesaid murder, and by the authority of this your high court of parliament to ordain that the said John Carpenter may judged as a traitor, and that your judges have power to give judgment on him to be drawn and hanged as a traitor, in order to avoid such horrible murders in future: saving always to the lord of the fee, the escheats of his lands, after a year, day and waste.
Pur ceo q'il semble encountre la libertee de seint esglise, le roy s'advisera. (fn. iv-419-561-1) Because it seems to be contrary to the liberty of holy church, the king will consider this further. (fn. iv-419-561-1)
III. [Assizes of novel disseisin.] III. [Assizes of novel disseisin.]
44. < Assises. > Item, priount les communes: qe come diverses gentes sovent foitz suont assises de novell disseisine devaunt justices assignez, envers diverses persones, et par sotelte et collusion, pur aver lour briefs de lour ditz assises directz as coroners des countes ou les tenementes sount, pur faire l'execution d'icell brief, fount nommer en lour ditz assises, le viscount du mesme le countee, un des disseisours; l'ou il n'est ne unqes fuist disseisour, ne tenaunt des tenementes en demande; parount sovent foitz les ditz assises sount agardez par defaut des tenaunts, queux n'ount my conusaunce de ceux assises, en tant q'ils ne trovent mye ascun assise envers eux en la filasse du viscount, et n'ount ascun suspecion d'ascun tiel assise priz envers le viscount et eux. 44. Assizes. Item, the commons pray: whereas several people are often assized of novel disseisin before assigned justices against various people, and by subtlety and collusion in order to have their writs for their said assizes directed to the coroners of the counties where the tenements are, in order to have the execution of that writ, have named the sheriff of the same county as one of the disseisors in their said assizes, when he never was a disseisor, nor a tenant of the tenements in question; because of which the said assizes are often awarded through default of the tenants who do not have any knowledge of those assizes so that they are not found in any assize against them in the file of the sheriff and they do not have any suspicion of any such assize held against the sheriff and them.
Que please a vostre especial grace d'ordeigner, par assent de voz seignurs espirituelx et temporelx en cest present parliament, q'en toutz tielx assises purchacez, et apresent pendantz, ou a purchaserz disore en avaunt, par entre qeconqes persons, devaunt ascuns tielx justices, en queux assises ascun tiel viscount soit nomme disseisour; si les tenauntes en les ditz assises, ou ascun d'eux, voille averrer, [p. iv-448][col. a] qe le dit viscount n'est ne unqes fuist disseisour, ne tenaunt des tenementz en demande, soit l'averrement receux. Et si trove soit par le dit assise, qe le dit viscount ne soit ne unqes fuist disseisour, ne tenaunt des tenementes en demande, adonqes les ditz justices facent abater et casser le dit brief, purchasez ou a purchaser en la fourme suisdit. Et qe les pleintifs ou le pleintyf, soient ou soit en le greve mercy le roy. May it please your special grace to ordain, by the assent of your lords spiritual and temporal in this present parliament, that in all such assizes purchased and pending at present, or to be purchased henceforth, between any persons before any such justices in which assizes any such sheriff is named disseisor; if the tenants in the said assizes, or any of them, wish to aver [p. iv-448][col. a] that the said sheriff is not nor ever was a disseisor, nor a tenant of the tenements in question, let the averment be accepted. And if it is found by the said assize that the said sheriff is not nor ever was a disseisor, nor a tenant of the tenements in question, then the said justices shall annul and quash the said writ purchased or to be purchased in the aforesaid form. And that the plaintiffs or the plaintiff shall be on the grave mercy of the king.
Le roy le voet, issint q'il soit trove qe le viscount fuist nomme disseisour par collusion. (fn. iv-419-567-1) The king wills it, on condition that it is found that the sheriff was named disseisor by collusion. (fn. iv-419-567-1)
IIII. [Disseisin.] IIII. [Disseisin.]
45. < Disseisours. > A les tressagez communes de cest present parliament please a nostre sovereigne seignur le roy de considerer: coment par l'estatuit fait l'an .iiij. te le roy Henry, pier nostre seignur le roy q'orest, entre autres ordine soit; qe les disseisins eient lour action divers les disseisours, durant le vie mesme lez disseisours, par ensy qe tiel disseisour ent preigne les profites, al temps del suite comence, sicome en mesme l'estatuit appiert pluis au pleyn. (fn. iv-419-570-1) Le quell estatuit, solonqe l'appinion des plusours, ad estez entenduz en briefs d'assises de novell disseisine taunt soulement, et sy graunde mischief est a les parties demandantz, en autres briefs suez et founduz sur novell disseisine come en assise; et sur ceo de ordiner, par auctorite de cest present parliament, q'en toutz maners des briefs founduz sur la novell disseisine, les disseisines aient lour recoverer s'ils voillent par tielx briefs envers les disseisours ou lour feffes, auxibien come ils averount en assise de novell disseisine; parissint qe mesmes les disseisours ou lour feffes, vers qi ou queux la brief serra portez, en preigne ou preignount les profitz al temps de brief purchase, nient contristeant ascuns douns ou feoffementes faitz as autres persones, pur delaier les demandantz. 45. Disseisors. To the most wise commons in this present parliament, may it please our sovereign lord the king to consider: whereas by the statute made in the fourth year of King Henry, the grandfather of our present lord the king, it was ordained, among other things, that the disseised should have their action against the disseisors during the lifetime of the same disseisors, provided that such a disseisor should receive the profits thereupon from the time the suit began, as is more fully clear in the said statute. (fn. iv-419-570-1) Which statute, in the opinion of many people, has been included only in writs for assizes of novel disseisin, and thus great harm is done to the parties claiming in other writs sued and based on novel disseisin as in assize; and thereupon to ordain, by the authority of this present parliament that, in all kinds of writs based on the novel disseisin, the disseised shall have their recovery, if they wish, by such writs against the disseisors or their feoffees just as they will have in an assize of novel disseisin; provided that the same disseisors or their feoffees, against who or whom the writ will be brought, take or will take the profits from the time the writ was purchased, notwithstanding any gifts or feoffments made to other persons in order to delay the claimants.
Le roy le voet. (fn. iv-419-572-1) The king wills it. (fn. iv-419-572-1)
V. [Scots and Bretons.] V. [Scots and Bretons.]
46. < Escots et Brittons. > As tressagez communes de cest present parliament, supplient humblement les marchantz, et autres poverez lieges du roy nostre sovereigne seignur: que come les Escotes et Britons, puis les trewes parentre nostre dit seignour et eux faitz, ount priz des marchantes et autrez lieges suisditz, diverses prisoners des lieges du roy, nyefs, biens, chatelx et merchandises de mesme les lieges, sibien par terre come par meer, et < font > continuelment de jour en autre, saunz ent faire ascun restitution, encountre les ditz trewes; les quelx lieges, coment q'ils aient lettres nostre sovereigne seignur le roy de request desouth son prive seale, au roy d'Escotes, ou au duk de Britaigne, pur ent avoir restitution de lour biens et chatelx issint prisez, unqore eux de ceo null restitution de ceo purront avoir, au graund arrerissement des plusours de lieges nostre seignour le roy. 46. Scots and Bretons. To the most wise commons of this present parliament, the merchants and other poor lieges of our sovereign lord the king humbly beseech: whereas the Scots and Bretons, since the truces made between them and our said lord, have seized from the aforesaid merchants and other lieges several prisoners from the king's lieges, ships, goods, chattels and merchandise of the same lieges, both by land and by sea, and continually do so from day to day, without making any restitution thereupon, contrary to the said truces; which lieges, although they have our sovereign lord the king's letters under his privy seal requesting the king of the Scots or the duke of Brittany to have restitition of their goods and chattels thus seized, have still been unable to have any restitution thereupon, to the great ruin of many of our lord the king's lieges.
Please a vostrez tressagez discretions, d'ent prier nostre dit sovereigne seignour, q'il luy please par assent des seignours spirituelx et temporelx de cest present parliament d'ordiner, que si ascun suite soit fait au nostre dit seignour le roy de cy en avaunt, par ascun des ditz Britons, pur avoir restitution de ascun lour biens et chatelx, par les lieges nostre dit sovereigne seignur le roy ent prisez; qe adonqes, avaunt ceo q'ils eient ascun restitution de tielx biens et chatelx prisez, par quelx puissent trover sufficeant suerte devaunt l'admirall pur le temps esteant, a le value de lour biens et chatelx, dont eux demandent restitution, a respoundre as chescon liege du nostre roy, qe voudra pleindre devaunt l'admirall du roy pur la temps esteaunt, des biens et chatelx par les ditz Britons issint prisez; issint qe chescun Briton qe suera pur ascun restitution pur ascuns des biens et chatelx, en manere come desuis est declare, serra tenuz a respoundre au chescun des lieges nostre seignur le roy, et ent satisfier as ditz lieges, tanqe a le value dount il demaunde restitution. Et qe mesme l'ordinance se purra extendre sibien as Escotes come as Britons avauntditz; pur Dieu, et en oevere de charitee. May it please your most wise discretions to pray our said sovereign lord thereupon, that it might please him, by the assent of the lords spiritual and temporal in this present parliament, to ordain that, if any suit be made to our said lord the king in future by any of the said Bretons in order to have restitution of any of their goods and chattels seized by the lieges of our said sovereign lord the king; that then, before they have any restitution of such seized goods and chattels, for which they have been able to find sufficient security before the admiral at the time for the value of their goods and chattels for which they demand restitution, they answer every liege of our king who wishes to complain before the king's admiral at the time for the goods and chattels thus seized by the said Bretons; provided that every Breton who sues for any of the goods and chattels, in the manner as is stated above, will be held to answer each of our lord the king's lieges and to satisfy the said lieges thereupon up to the value for which he demands restitution. And that the same ordinance shall extend both to the Scots and to the aforesaid Bretons; for God, and by way of charity.
Le roy s'advisera. (fn. iv-419-578-1) The king will consider this further. (fn. iv-419-578-1)
[col. b]
VI. [Perjury.] VI. [Perjury.]
47. < Perjurye. > Please as tressages communes assemblez en cest present parlement, de considerer entre autres graundes mischiefs ewez, et unqore nient remediez deinz cest roialme, a graund damage, perde et disheritison, que avient par le usuell perjurie des jurrours enpanalez en enquestes, sibien en les courtes de nostre seignur le roy, come en les courtes des autres seignurs, la quell perjurie habunde et encrece de jour en autre plus que soloit, pur les graundez dones, qe tieulx jurrours preignont de les parties en plees suez en les ditz courtes; a taunt qe le greindre partie des gentz qe ount < a > suir en les ditz courtes, lessont lour suites par l'encheson suisdit, et nomement a cause de les delaiez qe ount este avaunt ces heures en briefs d'atteintes; pur ceo qe avaunt ces heures en briefs d'atteintes, quaunt le graund jurre ad apparue en courte, et fuist prest de passer, un des tenauntes ou defendantes, ou des petitz jurrours nommez en tieux briefs, a la foitz ount pledez faintez et faux plees queux ne furent triablez par le graund jurre de l'atteint: et par cell cause delaier le prise de tielx graundez jurries, tanqe tieux plees furent triez. Et apres tieux plees triez, et trovez pur le pleintif, un autre des jurrours, tennauntz ou defendantz, purroit pleder un autre tiel feint et faux plee, puis la darrein continuance en mesmes l'atteintes. Et issint chescun des defendantz, jurrours ou tenauntz, apres l'autre puissoit pleder tiel feint et faux plee, et delaier le graund jurre, quant il fuist prest de passer. Et comebien qe toutz tieulx faux et feint plees, furent trovez envers ceux qe les plederont, null peyne fuist done a eux par la commune ley: par cause des queux delaies, les graundes jurres en atteintes, ount este souvent grevosment vexez et labourez; et les pleintifs en tieulx atteintes, mys a si graundez costages, et ensy empoverez, q'ils ne puissent suir avaunt lour ditz suites, parqi les jurrours ount este mentes enbaudez d'estre perjurez, et faire faux serementes en tieux cases. Et sur ceo de prier nostre tressovereigne seignur le roy, et les seignurs espirituelx et temporelx assemblez en cest present parliament, d'ordiner par auctorite de mesme le parliament, qe chescun manere d'issue, qe en temps avenir en briefs d'atteintes serra triable par paiis, soit trie par le graund jurre de mesme l'atteint, et nemye en autre manere. Et si tiel issue soit attrier par matier de recorde, qe la partie qe pledera tiel recorde, mette avaunt mesme le recorde en pledant maintenaunt all court, saunz delaier la prise de l'atteinte, s'il voet avere avauntage d'icell, par issint qe le graund jurre en tielx briefs d'atteintes, ne soit en null manere travaile, delaie ou vexe par cell cause, apres ceo q'ils ount apparuz et sount prestez de passer. Et qe les parties pleintifs en toutz tieux atteintes, recoverount lour damages et costages, envers toutz tieux tenauntz, jurrours et defendantz, q'ils ount sustenuz en cell partie. Et cest estatuit soy extende auxi bien as briefs d'atteintes ore pendantz, come a briefs d'atteintes a purchaser en temps avenir. 47. Perjury. May it please the most wise commons assembled in this present parliament to consider, among other things, the great wrongs done and still unredressed within this realm, to the great damage, loss and disinheritance which they have by the accustomed perjury of jurors empanelled in inquests, both in the courts of our lord the king and in the courts of other lords, which perjury abounds and increases from day to day more that it used to, on account of the large gifts which such jurors receive from the parties in pleas sued in the said courts; so that the greater part of the people who have to sue in the said courts abandon their suits for the aforesaid reason, and particularly because of the delays which they have had in such writs of attaint in the past; because in writs of attaint in the past, when the grand jury has appeared in court and was ready to deliver its verdict, one of the tenants or defendants, or one of the petty jurors named in such writs, have at that time pleaded feigned and false pleas which were unable to be tried by the grand jury of the attaint: and for that reason delayed the holding of such grand juries until such pleas were tried. And after such pleas were tried, and found for the plaintiff, another of the jurors, tenants or defendants would plead another such feigned or false plea after the last adjournment in the same attaints. And thus each of the defendants, jurors or tenants after the other pleaded such feigned or false pleas, and delayed the grand jury, when it was ready to deliver its verdict. And although all such false and feigned pleas were found against those who pleaded them, no penalty was given to them by the common law: because of which delays, the grand juries in attaints have often been grievously vexed and troubled; and the plaintiffs in such attaints have incurred such great costs and have been thus impoverished that they are unable to sue further their said suits, whereby the jurors have many times been encouraged to be perjured and to make false oaths in such cases. And thereupon to pray our most sovereign lord the king and the lords spiritual and temporal assembled in this present parliament to ordain, by the authority of the same parliament, that every kind of issue which will be able to be tried in future before a jury shall be tried by the grand jury of the same attaint and not in any other way. And if such an issue is tried as a matter of record, then the party who will plead such a record shall submit the same record immediately in the course of pleading at court without delaying the holding of the attaint if he wishes to have advantage of it, because the grand jury in such writs of attaint should in no way be troubled, delayed or vexed for this reason after they have appeared and are ready to deliver a verdict. And that the plaintiffs in all such attaints shall recover their damages and costs against all such tenants, jurors and defendants who they have supported in this matter. And this statute should extend both to writs of attaint now pending and to writs of attaint to be purchased in future.
Le roy voet, qe les pleintifs recoverent lour damages et costages, si come il est desire: (fn. iv-419-583-1) et quaunt as autres matiers contenuz en la petition, le roy s'advisera. The king wills that the plaintiffs shall recover their damages and costs as it is desired: (fn. iv-419-583-1) and as regards the other matters contained in the petition, the king will consider this further.
VII. [Reversions.] VII. [Reversions.]
48. < Reversion. > Item, priont les communes: par l'ou diverses gentes avaunt ces heures, ount lesse lour terres et tenementes a diverses persones, c'estassavoir, ascuns a terme de vie, et d'autre vie, et ascuns a terme des ans; les queux tenauntz, sovent foitz ount grauntez et lesse lour estate queux ils avoient en les ditz terres et tenementes a plusours persons, a l'entent qe ceux en le reversion, c'estassavoir, lour lessours, lour heirs, ne lour assignes, ne duissent avoir conusaunce de lour nouns; et puis les ditz primers tenauntz continualment occupient les ditz terres et tenementes, et ent preignent les [p. iv-449][col. a] profitz a lour propre use, et en les ditz terres et tenementes fount wast et destruction, a disheritaunce de ceux en le reversion. 48. Reversion. Item, the commons pray: whereas several people in the past have leased their lands and tenements to various persons, that is to say, some for a term of life, and for another life, and some for a term of years; which tenants have often granted and leased their interest which they have in the said lands and tenements to more persons, with the intention that those in the reversion, namely, their lessors, their heirs, or their assigns might not have knowledge of their names; and then the said first tenants continually occupy the said lands and tenements, and take the [p. iv-449][col. a] profits if them for their own use, and cause waste and destruction on the said lands and tenements, to the disinheritance of those in the reversion.
Que please a nostre sovereigne seignur le roy, de graunter et ordiner, par auctorite de cest present parliament, qe ceux en le reversion en tiel cas, purrount avoir et mainteigner brief de wast, envers les ditz tenauntes a terme de vie, d'autre vie, et des ans, et issint de recoverer envers eux le lieu waste, et lour treble damages pur le wast issint par eux fait, sicome ils duissent aver fait, pur le wast par eux fait, devaunt les ditz graunter et lees de lour estate. Purveu toutz foitz, qe cell ordinance ne teigne lieu, forsqe l'ou les primers tenauntz devaunt le lees et graunter de lour dit estate, en le manere et fourme suisditz, furent punissablez du wast; et auxi l'ou apres le dit graunter et lees, les ditz primers tenauntz des ditz terres et tenementz, preignent les profitz a lour propre use demesne, all temps del wast fait: et qe cest ordinaunce ceo extende, auxibien all wast par tielx tenauntz faitz devaunt cest ordinaunce, come apres. May it please our sovereign lord the king to grant and ordain by the authority of this present parliament that those in the reversion in such a case be able to have and maintain a writ of waste against the said tenants for a term of life, for another life, and for years, and in that way recover against them the land wasted and their damages threefold for the waste thus caused by them, as they used to have for the waste caused by them before the said grant and lease of their interest. Provided always that this ordinance does not take effect except when the first tenants before the lease and grant of their said interest, in the aforesaid manner and form, were punishable for the waste; and also when after the said grant and lease the said first tenants of the said lands and tenements have taken the profits for their own private use at the time the waste was caused: and that this ordinance should extend both to the waste caused by such tenants before this ordinance and after.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. (fn. iv-419-590-1) The king wills it. (fn. iv-419-590-1)
[memb. 4]
VIII. [Indictments before justices of the peace.] VIII. [Indictments before justices of the peace.]
49. < Endytements. > Please a nostre tressovereigne seignur le roy, de graciousement considerer les tresgraundez perdes et damages, qe sovent foitz ount avenuz, et veraisemblablement aviendront en apres, sibien a luy mesmes, come as plusours de ses lieges, de ceo qe la ou sibien diverses enditementes et suites pur nostre seignur le roy, come autres suites parentre partie et partie, ount este priz devaunt diverses justices de peas nostre seignur le roy, assignez par diverses commissions nostre dit seignur le roy, en diverses countes d'Engleterre; et diverses plees et processes sur icelles enditementes et suites, ount sovent este faitz et pendauntz devaunt mesmes les justices nient determinez; les queux plees et processes sovent ount este discontinuez, par faisance des novelx commissions de peas en icelles countees, a graund perde de nostre dit seignur le roy et de ces lieges, et en retardation de mesmes les plees et suites, et de deliverance de ses ditz lieges. Et sur ceo, de ordeigner et establier en cest present parliament, par auctorite de mesme le parliament, q'en toutz tielx suites et plees et processes en icelles aprendrez et affairez, devaunt justices de peas en ascun countee d'Engleterre, les ditz plees et processes en tielx suites affairs, ne soient mye discontinuez par tielx novelx commissions de peas affairz, mes estoisent mesmes les plees et processes en lour force. Et eient les justices en mesmes les novelx commissions ensy assignez, apres ceo q'ils averont les recordes des ditz plees et processes devaunt eux, poiar et auctorite de les ditz plees et processes continuer, et mesmes les plees et processes, et toutz les dependantz d'icelles, oier et finalment determiner, sicome les autres ditz justices poient et duissent avoir fait de et in icelles, si null novell commission eust este fait. 49. Indictments. May it please our most sovereign lord the king graciously to consider the very great losses and damages which have often occurred, and will very probably occur in future, both to himself and to many of his lieges because whereas both several indictments and suits on behalf of our lord the king and other suits between party and party have been held before various justices of the peace of our lord the king, assigned by diverse commissions of our said lord the king in various counties of England; and several pleas and processes on those indictments and suits have often been made and are pending undetermined before the same justices; which pleas and processes have often been discontinued by the appointment of new commissions of the peace in those counties, to the great loss of our said lord the king and of his lieges, and the delay of the same pleas and suits, and of the deliverance of his said lieges. And thereupon to ordain and establish in this present parliament, by the authority of the same parliament, that, in all such suits and pleas and the processes to be undertaken and issued on them before the justices of the peace in any county of England, the said pleas and processes to be issued on such suits shall not be discontinued by the appointment of such new commissions of the peace, but the same pleas and processes shall remain in their force. And let the justices thus assigned in the same new commissions, after they have the records of the said pleas and processes before them, have power and authority to continue the said pleas and processes, and to hear and finally determine the same pleas and processes, and all things pertaining to them, as the other said justices could and might have done as regards and on them if no new commission had been appointed.
Le roy le voet. (fn. iv-419-595-1) The king wills it. (fn. iv-419-595-1)
IX. [Stewards of courts.] IX. [Stewards of courts.]
50. < Seneschalls. > Item, priont les communes a nostre seignur le roy, et as seignurs de cest parliament: qe come en diverses parties de cest roialme, en courtees enfraunchises, et en autres courtes pluis bas, sovent foitz les parties pleintifs et defendantz, queux sount en plee devaunt les seneschalx et jugges que teignent les ditz courtees, amesnent ovesqe eux homme pur estre de lour counseill, pur countier et respondier pur eaux en ley, sur les matiers pur eaux, ou encountre eaux, adonqes en tielx courtees pendantz, tiel qe lour semble pur eaux sage et profitable; les ditz seneschalx et jugges des ditz courtes, sovent ascun foitz pur diverses affections et amours q'ils ont pluis a une partie devaunt eux pledant, qe a l'autre, et ascun foitz pur graunde ennemyte q'ils ount a lour dit counseill, ne voillent suffrer ne [col. b] resceyver lour dit counseil, countier ou respondier en ley pur eux; par ount les ditz pleintifs ascun foitz, et ascun foitz les defendantes, sovent ount este mys a graunde perde, et ascuns torcenousement en graundez sommes condempnez, et autres lour matiers en ditz courtees pendantz outrement perduz. 50. Stewards. Item, the commons pray to our lord the king and to the lords in this parliament: whereas in several parts of this realm, in enfranchised courts and in other lower courts, the plaintiffs and defendants who are pleading before the stewards and judges who hold the said courts often bring with them a man to be their counsel in order to plead and answer for them in law on the matters then pending for them or against them in such courts, such as seems to them wise and profitable for them; often the said stewards and judges of the said courts sometimes, on account of various inclinations and regards which they have more for one party than for the other pleading before them, and sometimes, on account of the great enmity which they have for their said counsel, are unwilling to accept nor [col. b] receive their said counsel to plead or answer in law for them; whereby sometimes the said plaintiffs and sometimes the defendants have often been placed at a great loss, and some wrongfully fined large sums of money, and others have completely lost their subject of litigation pending in the said courts.
Que please a nostre dit seignur le roy, par auctorite de cest present parliament de ordeigner et establier, qe chescun homme qe soit enpledant ou enplede, puis amesner ovec luy tiel counseil qe luy semble bon et profitable, pur pleder et respoundre pur luy, solonc ceo qe les leys et les usages de cest roialme demandent; et qe les seneschalx et jugges de tielx courtees, tieux pur pleder et respoundre en ley pur eux resceivent, sinoun qe les ditz persounes q'ils ount amesne pur estre de lour counseill, soient convict devaunt de ascun tiel trespace ou chose, q'ils par le ley de la terre ne deivent a ceo estre ressuis; et qe si ascun tiel jugge face a l'encontre, qe la partie endamage puisse recoverer ses damages devers luy, solonc ceo qe sa grevance demande. May it please our said lord the king to ordain and establish by the authority of this present parliament that, every man who is pleading or impleaded who then brings with him such counsel as seems good and profitable to him to plead and answer for him in accordance with that which the laws and usages of this realm require, the stewards and judges of such courts accept those who will plead and answer in law for them, unless the said persons who they have brought to be their counsel have been previously convicted of any such trespass or matter, that they, by the law of the land, ought not to be accepted for this; and that if any such judge acts to the contrary, then the injured party be able to recover his damages against him, according to that which his grievance demands.
Il est sufficeantment purveu par la commune ley. (fn. iv-419-601-1) It is provided for sufficiently by the common law. (fn. iv-419-601-1)
X. [Aliens as brokers.] X. [Aliens as brokers.]
51. < Office of brocour. > To the full honurables and right wise commens in this present parliament assembled, please hit unto youre full wise discrecions to considre: þat in all other roialmes and countrees beyonde the see, no man is ordeigned into the office of brocour, but if he be borne in the same roialme or countree where as suche office is excersised; butt in this roialme many aliens of diverses nations, of whiche many been banned in her owen lond for falshede, by the name of broccours, have used and excercised to make many bargeins and chevysaunces of usurei, grevous, horrible and dishonest, unto sorowefull desclaundre and reproef of merchantz of this roialme. And overe, þat þurgh the grete sotiltee and disceite of soche brocours aliens, þat been nowe so prive and expert of merchandises, where of the roialme hath haboundaunce and necessite, and þerewith so favorably and enclynyng to the profite of merchantz aliens, þat þei discoveren to hem all the privetee of merchandises of þis roialme, and hem enducen and enfourmen all the weys and menes by the whiche þei mowe enhaunce þe prises of her merchandises, þat is to sey, spicerye, wynes, and other, and abaten the prises of oure merchandises, as wolle and clothe, and other; and also by colourable sotiltees soche brocours aliens, with the assent and favour of merchauntz aliens, maken many eschaunges betwene merchaunt and merchaunt, wherethurgh the seid merchantz aliens, employe nat her money in merchandises of þis roialme, to the value of the merchandises þat < þei > bryngen hider, butt þei sende her money overe the see by soche eschaunges: and so the kynges custume is colourably consealed and enbesiled, to grevous prejudice and damage of our sovereigne lord the kyng, and excessife impovering of the communes of þis roialme. 51. The office of broker. To the most honourable and most wise commons assembled in this present parliament, may it please your most wise discretions to consider: whereas in all other realms and countries overseas no man is appointed into the office of broker unless he was born in the same realm or country where such an office is in use; but in this realm many aliens from various nations by the name of brokers, of whom many have been banned in their own lands for dishonesty, have used and excercised their office to make many grievous, evil and dishonest agreements and contracts of usury, to the lamentable discredit and disgrace of the merchants of this realm. And in addition, that through the great subtlety and deceit of such alien brokers who are now so familiar with and knowledgeable of the merchandise which the realm has in abundance and lacks, and with that, being so favourably inclined to the profit of the alien merchants, they disclose to them all the secrets of the merchandise of this realm, and they tell and inform them of all the ways and means by which they might increase the prices of their merchandise, that is to say, spices, wine, and other things, and lower the prices of our merchandise, both wool and cloth, and other things; and also by deceptive subtleties such alien brokers, with the assent and favour of alien merchants, make many exchanges between merchant and merchant by which the said alien merchants do not spend their money on the merchandise of this realm to the value of the merchandise which they import, but they send their money abroad by such exchanges: and so the king's custom is deceptively deprived and embezzled, to the grievous harm and damage of our sovereign lord the king, and the excessive impoverishment of the commons of this realm.
That hit please unto youre right wise discretions, to pray oure sovereigne lord the kyng, and all other lordes spirituell and temporell in þis present parlement assembled, that hit like hem to graunte and ordeigne by auctoritee of this same parliament, þat from þis tyme forward, none alien borne be brocour, ne use the office of brocage within this roialme, upon peyne of .xij.li. to be reised in the eschequer of oure sovereigne lord the kyng; and þat as ofte as any alien borne be proved and convicte þat he dothe ayenst þis ordinaunce; of whiche peynes so to be reised, our said sovereigne lord have the two parties, and he þat proveth and convicteth ony such alien þerin the third part; for the love of God, and in wey of charitee. May it please your most wise discretions to pray our sovereign lord the king and all other lords spiritual and temporal assembled in this present parliament that it might please them to grant and ordain by the authority of this same parliament that henceforth no-one alien born shall be a broker, nor use the office of brokerage within this realm, upon a penalty of £12 to be levied in the exchequer of our sovereign lord the king; and that whenever it is proved that anyone alien born acts contrary to this ordinance, and he is convicted, then let our said sovereign lord have two parts of the penalties thus to be levied, and he that proves and convicts any such alien thereon the third part; for the love of God, and by way of charity.
Le roy s'advisera. (fn. iv-419-607-1) The king will consider this further. (fn. iv-419-607-1)
[p. iv-450]
[col. a]
XI. [Alien merchants.] XI. [Alien merchants.]
52. < Sayntuaries. > Item, priont les communes: qe please a nostre seignur le roy, considerer les graundez perdes q'ount avenuz as diverses de ces lieges, par le sodeine departier de diverses merchantz aliens, endettez as diverses persones dez ses ditz lieges, as parties de par dela, et as diverses seyntuaries, par ount les ditz lieges ount perduz lour ditz dettes. Et sur ceo par auctorite de cest present parliament ordeigner et establier, qe null merchaunt alien, achate ascuns merchandises deinz le roialme d'Engleterre, si non qe paiement pur mesmes les merchaundises, soit prestement paie en main, a ceux des queux eux ount achate mesmes les merchandises, en moneie, ou merchandise, saunz fraude ou collusion, saunz rien prendre de celuy de qi il achatera mesmes les merchaundises ou d'ascun autre, en moneie ou autrement pur achater tielx merchandises, sur peine de forfaiture de mesmes les merchandises ensy achatez. Et qe celuy qe espiera tielx merchandises ensy achatez, et ent ferra notice as barons de l'escheqer de nostre dit seignur le roy, recoverer envers celuy qe issint vende en apres ascuns merchandises, encountre la fourme de cest estatuit, et eit la quarte partie del value de mesmes les merchandises, ove les costage de son suyte, par brief de dette, ou pleint, ou bille de dette, en quell court de recorde q'il voudra suir, q'ad poiar de teigner plee de dette, et ad jurisdiction en le lieu ou le cause de mesme l'action sourde. Et qe le defendaunt en mesme l'action, ne soit resceu affaire la ley en cell partie. Et qe cest estatuit dure taunt soulement par trois ans proscheinz ensuantz le primer jour de cest present parliament. 52. Sanctuaries. Item, the commons pray: may it please our lord the king to consider the great losses which have occurred to several of his lieges by the sudden departure of various alien merchants, who are in debt to several persons of his said lieges, to regions overseas and to various sanctuaries, whereby the said lieges have lost their said debts. And thereupon to ordain and establish, by the authority of this present parliament, that no alien merchant shall buy any merchandise in the realm of England unless payment for the same merchandise is promptly paid in hand in cash or merchandise to those from whom they have bought the same merchandise, without fraud or collusion, without taking anything from him from who he will buy the same merchandise, or from any other person, in cash or otherwise in order to buy such merchandise, on pain of forfeiture of the same merchandise thus bought. And let him who will espy such merchandise thus bought, and bring it to the attention of the barons of our said lord the king's exchequer, recover against him who thus sells such merchandise thereafter contrary to the form of this statute, and have the fourth part of the value of the same merchandise, with the costs of his suit, by writ of debt, or plaint, or bill of debt, in any court of record that he will wish to sue which has power to hold a plea of debt and has jurisdiction in the place where the reason for the same action arose. And that the defendant in the same action shall not have recourse to the law in this regard. And that this statute shall last only for the next three years following the first day of this present parliament.
Le roy s'advisera. (fn. iv-419-612-1) The king will consider this further. (fn. iv-419-612-1)
XII. [Sheriffs of the county of Hereford.] XII. [Sheriffs of the county of Hereford.]
53. < Countee de Hereford'. > Item priont les communes: qe la ou le parliament tenuz a Westm', le vendredy proschein devaunt le fest de Seint Hillarie, l'an de vostre reigne neofisme, (fn. iv-419-615-1) ordine estoit pur graundez mischiefs et importablez oppressions, faitz a voz lieges del countee de Hereford', par encrochementes et extortions faitz par les viscountz del dit countee pur le temps esteantz, nadgairs commencez, et torcenousement continuz, a cause qe les ditz viscountes en lour tournes, et en autres lieux apres lour tournes tenuz et finez, en les queux autres lieux ils ne ount poiar ne auctorite par lour office de prendre ascun enquerre ou enquest, preignent diverses enquerres, enquestes d'offices, et enditementes des laborers, artificers, et autres diverses choses ordinez par estatuit, d'estre enquiz devaunt les justices et commissioners de la peas, et en null manere atteinent ne apparteinent d'estre enquyz par tielx viscountz en lour tournes ne autrement, ne en autres lieux devaunt eux. Et les queux viscountz, par force de tielx enquerres, enquestes d'offices, et enditementes nient duement ne loialment prisez, devaunt les ditz viscountz en lour tournes et aillours, et pur le noun venue des ditz lieges as ditz tournes, les ditz viscountz preignent torcenousement a lour propre oeps, des diverses de mesmes les lieges, fynes et amercementes de .x.li., et autres graundes sommes, en graunde oppression, anientisment et destruction, des plusours poverez gentz des ditz lieges, si remedie ne soit hastement purveu en cest partie; par consideration des queux mischiefs, ordine est par auctorite de mesme le parlement, qe null viscount, ne soubz viscount du dit counte, de cest jour en avaunt, par colour de son office, preigne ascun enquerre, enditement, ou enquest d'office en son tourne, qe ne doit par la ley estre priz en son tourne; ne q'il par colour de son dit office, preigne ascune enquerre, enquest d'office, ou enditement, en ascun autre lieu apres le dit tourne tenuz et finee; ne q'il preigne des ascuns des ditz lieges du roy, ascuns fynes ou amerciamentes, pur ascun chose ou cause que n'appartient a son tourne ou office, ne ascune tiel heynouse et grevouse amercement de ascun des ditz lieges, encountre reason, pur noun venue au dit tourne, ou a autre lieu, ou pur autre cause, par colour [col. b] de son office, sur peyne de .xl.li., par luy appaierz a vous, voz heirs et successours, ataunt des foitz qe tiel viscount, ou soubz viscount ent, ou de ascun article d'icelle, soit duement convicte all vostre suite, ou de partie greve qe sue, sibien pur vous, come pur luy mesme; et qe la partie que sue en tiel cas, ait la moite del dit somme, ensemblement ovesqe ses damages au double, a son propre oeps; et qe la partie en cest cas greve, ait poair par mesme l'auctorite, de suer en celle partie envers tielx viscountz, et soubz viscountz, sibien pur vous, come pur luy mesme, come devaunt est dit. Et qe les justices de la peas de mesme le countee pur le temps esteantz, aient poair et auctoritee de enquerrer, oier et determiner, tielx mesprisions et offenses, sibien a vostre suite, come de partie qe voet suer pur vous, et pur luy mesme; a durer par trois ans apres le dit vendredy ensuantz, come en la dit ordinaunce appiert pluis au pleyn. 53. The county of Hereford. Item, the commons pray: whereas at the parliament held at Westminster on Friday before the feast of St Hilary in the ninth year of your reign (fn. iv-419-615-1) it was ordained because of the great wrongs and unbearable oppressions perpetrated on your lieges of the county of Hereford by encroachments and extortions made by the sheriffs of the said county at the time, which have recently begun and unlawfully continued because the said sheriffs, in their tourns and in other places after their tourns have been held and have finished - in which other places they do not have power or authority by their office to hold any inquiry or inquest - hold various inquiries, inquests of office and indictments concerning labourers, craftsmen and several other matters ordained by statute to be inquired upon before the justices and commissioners of the peace, which concern in no way nor should pertain to be inquired upon by such sheriffs in their tourns or otherwise, or before them in other places. Which sheriffs, by force of such inquiries, inquests of office and indictments, incorrectly and unlawfully held before the said sheriffs in their tourns and elsewhere, and on account of the non-appearance of the said lieges at the said tourns, unlawfully take fines and amercements of £10 and other large amounts from several of the same lieges for their own use, to the great oppression, ruin and harm of many poor people among the said lieges unless a remedy is quickly provided on this matter; by consideration of which wrongs, it was ordained by the authority of the same parliament that no sheriff or under-sheriff of the said county, by virtue of his office, shall hold any inquiry, indictment or inquest of office in his tourn from that day forward which ought not to be held in his tourn by the law, nor that he, by virtue of his said office, shall hold any inquiry, inquest of office or indictment in any other place after the said tourn has been held and has ended; nor that he shall take any fines or amercements from any of the said king's lieges for any matter or reason which does not pertain to his tourn or office, nor any such heinous and grievous amercements from any of the said lieges contrary to reason for non-appearance at the said tourn, or at any other place, or for another reason, by virtue [col. b] of his office, on pain of £40 to be paid by him to you, your heirs and successors as many times that such a sheriff or under-sheriff shall be duly convicted of this or of any article of this at your suit or that of the aggrieved party who sues both on your behalf and for himself; and that the party who sues in such a case shall have half of the said sum together with his twofold damages for his own use; and that the aggrieved party in this case shall have power, by the same authority, to sue on this matter against such sheriffs and under-sheriffs both on your behalf and for himself, as is said above. And that the justices of the peace in the same county at the time shall have power and authority to inquire, hear and determine such wrongs and offences, whether at your suit or that of the party who wishes to sue on your behalf and for himself; to last for the next three years after the said Friday, as is more fully clear in the said ordinance.
Please a vostre hautesse, d'ordeigner par auctoritee de ycest parlement, qe la dit ordinance estoise en sa force et effecte, a durer pur toutz jours; pur Dieu, et en oevere de charitee. May it please your highness to ordain by the authority of this parliament that the said ordinance shall have force and effect, to continue forever; for God, and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet pur trois ans. (fn. iv-419-618-1) The king wills it for three years. (fn. iv-419-618-1)
XIII. [Measures of corn.] XIII. [Measures of corn.]
54. < Measures. > Please as tressagez communes en cest present parliament de considerer, coment a la parlement tenuz a Westm', l'an primer du reigne le roy Henry quint puis le conquest, (fn. iv-419-621-1) ordeigne fuist, qe toutz les estatutz et ordinaunces faitz des mesures des blees, duissent estre firmement tenuz et gardez solonc l'effecte d'icelles. Et qe null dez purveiours le roy, ne autre, ne duissent en apres, ne de cell temps en avaunt, achatre, ne prendre ascuns blees, par autre mesure, sinoun oept busshels rasez pur le quarter; et qe null serroit tenuz autrement a deliverer pur le quarter; sinoun oept busshels rasez pur le quarter, come devaunt est dit. Et auxint qe paiement serroit fait prestement pur la cariage d'icelles. Et qe si ascun purveiour le roy, ou autre persone, de celle temps en avaunt achateroit, ou parneroit ascuns blees autrement, ou par autre mesure sinoun oept busshels rasez pur le quarter, come avaunt est dit, et de ceo serroit atteint, averoit le enprisonement d'un an, et q'il paieroit a roy .c. s., et al partie qe soy sente greve auteres .c. s.; et ceo atantz des foitz qe ascun de eux de ceo serroit atteint. Et qe la partie qe voudroit suer, averoit ent action founduz sur le cas. Et qe les justices de la peas, duissent avoir poiar d'enquerer, et plee tenir, de toutz les choses avauntditz, et sur ceo de faire punissement, sibien all suite de roy, come de partie. Et qe de celle temps en avaunt, riens serroit priz pur le mesurage de tielx blees en ascun manere. Et qe nient obstant les ditz ordinaunces et estatutes, sibien les pistours, et toutz autres merchantz et achatours, deinz le fraunchise et citee de Loundres, come les purveiours le roy des blees, et toutz autres marchantz et communes, achatours des blees en plusours autres citees, villes, burghs et countees d'Engleterre, continuelment de jour en autre, achatont et preignont noef bushels pur le quarter; c'estassavoir, les pistours, achatours et marchantz, deinz les fraunchise et citee de Loundres, par un vessell appelle le fate, qe contient oept busshels des blees, ove un autre busshell des blees mys a icell pur un quarter; et fount les vendours des ditz blees encountre lour volunte, de paier un mail pur la mesurage de chescun quarter, et toutz les autres purveiours, achatours et merchantz des blees, noef busshels rasez pur le quarter, encountre la fourme des ditz ordinaunces et estatutes, et en contempt de roy; a cause qe les ditz estatus et ordinances ne sont mye proclamez, ne mys en execution, ne les ditz peines et forfaitures par le dit estatuit limites levez, solonc l'effecte de mesme l'estatuit. 54. Measures. May it please the most wise commons in this present parliament to consider how, in the parliament held at Westminster in the first year of the reign of King Henry the fifth since the conquest, (fn. iv-419-621-1) it was ordained that all the statutes and ordinances made concerning the measure of corn ought to be firmly upheld and observed according to the effect of them. And that none of the king's purveyors, nor any other person, in future or from that time henceforward, ought to buy nor receive any corn by other measure except eight bushels razed for the quarter; and that no one shall be bound to deliver otherwise for the quarter except eight bushels razed for the quarter, as is said above. And also, that payment shall be made immediately for its carriage. And that if any king's purveyor, or other person, from that time on shall buy or receive any corn otherwise, or by other measure except eight bushels razed for the quarter, as is said above, and he is convicted of this, he shall be imprisoned for one year, and that he shall pay 100 s . to the king and another 100 s . to the party who considers himself grieved; and this as many times as any of them shall be convicted thereupon. And that the party who wishes to sue thereupon shall have action based on the case. And that the justices of the peace shall have power to inquire and hold pleas on all the aforesaid matters, and decide punishment thereupon, whether at the suit of the king or of the party. And that from that time henceforward nothing shall be taken in any way for the measuring of such corn. And that notwithstanding the said ordinances and statutes, both the bakers and all other merchants and buyers in the franchise of the city of London and the king's purveyors of corn and all other merchants and commons, buyers of corn in many other cities, towns, boroughs and counties of England continually from day to day buy and receive nine bushels for the quarter; that is to say, the bakers, buyers and merchants in the franchise and city of London, by a vessel called the stand, which contains eight bushels of corn with another bushel of corn added to it for a quarter; and make the vendors of the said corn pay a halfpenny for the measuring of each quarter against their will, and all the other purveyors, buyers and merchants of the corn nine bushels razed for the quarter, contrary to the form of the said ordinances and statutes, and in contempt of the king, because the said statutes and ordinances are not proclaimed, nor enforced, nor the said penalties and forfeitures set by the said statute levied according to the effect of the same statute.
Et sur ceo, de prier a nostre tressovereigne seignur le roy, de ordeigner par auctorite de cest present parlement, qe sibien les ditz estatuts, come l'estatuit des [p. iv-451][col. a] poises et mesures, fait al parlement nostre seignur le roy q'or est, l'an de son reigne oeptisme, (fn. iv-419-621a-1) soient proclamez sibien en la dit citee de Loundres, come en toutz autres citees, burghs et countees d'Engleterre, et mys en due execution, solonc la fourme et effecte d'icelles; adjoustant a dit estatuit, fait le dit an oeptisme, qe en chescun citee, burgh et ville du roialme, soit un commune busshell ensealle, et accordant a le standard de l'escheqer, en mesme la manere et fourme, et sur mesmes les peines, come en mesme l'estatuit est especifiez, de un commune balance a estre en chescun tiel citee, burgh et ville. Et qe le maire de la dit citee de Loundres, et toutz autres mairs de toutz autres citees et burghs d'Engleterre, ou il y ad maire, et toutz baillifs des citees et burghs, ou maire n'est, et toutz justices de peas de chescun countee d'Engleterre pur le temps esteantz, eit et aient plein power, de mettre toutz les estatutz et ordinances avauntditz en due execution, et de oier et terminer toutz les defautz, mesprisions, offenses et trespasses, encountre la fourme et l'effect des ditz estatutes et ordinaunces, faitz ou a fairz, ou perpetrez, sibien all suite de roy, come de partie qe en ceo cas soy sente grevez; et de chescun autre liege de roy, q'en celle partie suer voille pur le roy; et ceo sibien par examination des parties, ou ascun de eux, solonc la discretion des ditz mairs, baillifs et justices de pees, come par issues a trier par inquisitions duement a prendre, et autres plees et processes de la ley de la terre. Et qe sibien la partie greve, come chescun liege du roy quy suer voille pur le roy, eit la suite en cest cas a sa voluntee. Et qe celuy quy issint soit atteint d'ascun defaut, mesprision, offence ou trespas, fait encountre le dit estatuit, fait le dit an primer, paie a celuy a quy suite il soit issint atteint .c. s., et les costages resonablez de sa dit suite, et au roy autres .c. s. Et qe sibien le mair de Loundres pur le temps esteant, apres ceo q'il soit eslieu mair, et jure deinz la dit citee, a son primer venu a l'escheqer, devaunt le tresorer d'Engleterre, et les barons de l'escheqer nostre seignur le roy, come chescun des ditz autres mairs et baillifs en lour serementes affairz pur lour ditz offices, soit chargee et juree, de faire garder et executer toutz les estatutz suisditz. Et qe toutz les mairs et baillifs des citees et burghs del roialme, accomptantz en l'eschequer nostre seignur le roy, facent annuelment accompte en mesme l'eschequer, des profitz et forfaitures qe apparteignier puissent ou duissent au roy par la fourme des ditz estatutes, sauvaunt toutz foitz as seignuries, citees et burghs, lour libertees et fraunchises, grauntez a eux par nostre dit seignur le roy, ou ascun de ces progenitours, duement usez, nient revokez, repellez ne anientez. Et savaunt toutz foitz, qe le dit estatuit fait le dit an primer du roy Henry quint, et toutz autres estatutz des mesures ou poises avaunt faitz, estoisent en lour force. And thereupon to pray our most sovereign lord the king to ordain by the authority of this present parliament that both the said statutes and the statute of [p. iv-451][col. a] weights and measures made in the parliament of our present lord the king in the eighth year of his reign (fn. iv-419-621a-1) be proclaimed both in the said city of London and in all the other cities, boroughs and counties of England, and duly enforced, according to the form and effect of them; adding to the said statute made in the said eighth year that in every city, borough and town of the realm there should be a common sealed bushel in accordance with the standard of the exchequer, in the same manner and form and upon the same penalties as is specified in the same statute for a common balance to be present in every such city, borough and town. And that the mayor of the said city of London and all the other mayors of all the other cities and boroughs of England where there is a mayor, and all the bailiffs of the cities and boroughs where there is not a mayor, and all the justices of the peace in every county of England at the time shall have full power to enforce all the aforesaid statutes and ordinances, and to hear and determine all the defaults, crimes, offences and trespasses committed or to be committed, or perpetrated against the form and effect of the said statutes and ordinances, whether at the suit of the king or of the party who considers himself grieved on this matter, and of every other liege of the king who wishes to sue on behalf of the king in this regard; and this both by examination of the parties, or any of them, according to the discretion of the said mayors, bailiffs and justices of the peace and by issues to be duly tried by inquests to be held, and other pleas and processes of the law of the land. And that both the grieved party and every liege of the king who wishes to sue on behalf of the king shall have the suit in this case at his will. And that he who shall be thus convicted of any default, crime, offence or trespass committed contrary to the said statute made in the said first year shall pay 100 s . to him at whose suit he shall be thus convicted and the reasonable costs of his said suit, and another 100 s . to the king. And that both the mayor of London at the time, after he is elected mayor and sworn in the said city, on his first coming to the exchequer, before the treasurer of England and the barons of our lord the king's exchequer, and each of the other said mayors and bailiffs in their oaths to be made for their said offices, shall be charged and sworn to cause to preserve and execute all the aforesaid statutes. And that all the mayors and bailiffs of the cities and boroughs of the realm accounting in our lord the king's exchequer shall render an account annually in the same exchequer of the profits and forfeitures which should or ought to appertain to the king by the form of the said statutes, saving always to the lordships, cities and boroughs their liberties and franchises granted to them by our said lord the king or any of his progenitors, duly used and not revoked, repealed or annulled. And saving always that the said statute made in the said first year of King Henry the fifth, and all other statutes of measures or weights made previously, shall have their force.
Le roy le voet. (fn. iv-419-624-1) The king wills it. (fn. iv-419-624-1)
[memb. 3]
XIV. [Tithes on timber.] XIV.
55. < Groce bois. > Prount les communes: qe come en le parlement de seignur Edward nadgairs roy d'Engleterre tierce apres le conquest, l'an de son regne .xlv. e , (fn. iv-419-627-1) al pleint des graundes et communes monstrantz par lour petition: qe come ils viendent lour groce boys d'age de .xx. ans, ou de greindre age, as marchauntz a lour profite demesne, et en aide de dit roy en sa guerre, persones et vicairs de seint esglise, les ditz marchantz enpledent, et travailent en courte Cristien, pur les dismes du dit boys, en noun de cest parole silva cedua; pur quy ils ne poient vendre lour boys a verraie value, a graunde damage de eux, et de roialme: ordine fuist et establie, qe prohibition en cest cas serroit graunte, et sur ceo attachement, come avoit este use avaunt: (fn. iv-419-627-2) et ore soit ensy qe plusours voz lieges sount empledez et travailez en courte Cristien, pur dismes as causes suisditz, [col. b] et sur ceo ils ount venuz en la chauncellarie nostre seignur le roy, pur avoir brief du prohibition et attachementz, solonc l'effecte du dit estatuit, les queux briefs a eux sount denyez, encountre ley et droit. 55. Large trees. The commons pray: whereas in the parliament of the late Lord Edward king of England the third since the conquest, in the forty-fifth year of his reign, (fn. iv-419-627-1) at the complaint of the lords and the commons, declaring by their petition; whereas they sell their large trees of the age of 20 years or more to merchants for their own profit and to help the said king in his war, parsons and vicars of holy church implead and prosecute the said merchants in church courts for the tithes on the said trees under this name, coppice-wood, whereby they are unable to sell their wood at the true value, to their great damage and that of the realm: it was ordained and established that prohibition would be granted in this regard, and attachment thereupon, as has been customary in the past: (fn. iv-419-627-2) and now it is thus that many of our lord the king's lieges are impleaded and prosecuted for tithes in church courts for the aforesaid reasons, [col. b] and thereupon they have come to our lord the king's chancery in order to have writs of prohibition and attachment, according to the effect of the said statute, which writs are denied them, contrary to the law and right.
Sur quoy please a vous, nostre tresgracious seignur le roy, par advys et assent des seignurs espirituelx et temporelx en cest vostre present parliament esteantz, d'ordeigner par auctorite de mesme le parliament, qe ceux persones qe se sentent grevez encountre l'ordinance du dit estatuit, purront aver briefs de prohibition, et sur ceo attachementz, sibien en vostre chauncellarie, come devaunt vous en vostre bank, come en vostre commune bank, a lour election, et qe mesmes les briefs de prohibition et attachementz, issantz hors des ditz bankkes, eient mesme le force et effecte, come les briefs originalx de prohibition et attachementz, issint hors del chauncellarie nostre seignur le roy issantz. Whereupon may it please our lord the king, by the advice of the lords spiritual and temporal assembled in this present parliament, to ordain by the authority of the same parliament that those persons who consider themselves grieved contrary to the ordinance of the said statute shall have writs of prohibition and thereupon of attachment both in your chancery and before you in King's Bench and in your Common Bench at their election, and that the same writs of prohibition and attachment, issuing from the said Benches, shall have the same force and effect as the original writs of prohibition and attachment which were issued from our lord the king's chancery.
Le roy s'advisera. (fn. iv-419-630-1) The king will consider this further. (fn. iv-419-630-1)
XV. [Cloth known as kersey.] XV. [Cloth known as kersey.]
56. < Kerseys, etc. > Besechen mekely all the communes of this reaume: that howe by a statuit made in the parlement of Kyng Richard the .ij. de , the yere of his reigne .xvij. (fn. iv-419-633-1) it was ordined þat every man of his reaume myght make as wele clothes of kerseys, as other clothes, of soche lenght and brede as it liked hem, and the same clothes selle, paying the awnage and subsidie, and oþere duetes after the rate, that is to seme, of every clothe and ych pece of cloth after the rate, ony estatuit, ordenaunce, proclamation or defence to the contrarie made natwithstondyng; and þat the saide clothes shold be mesured by the awnours, as in the same statuit pleinly it appereth. And after þat, in the parlement of Kyng Henry the .iiij. te at Westmynstre þe first day of Marche the yeere of his reigne þe .vij. (fn. iv-419-633-2) hit was ordeigned and stabled, that clothe of colour shold conteigne in lenght .xxviij. yerdes, mette by the crest, and in brede .vi. quarters di', as in the said statuit it is conteigned. And if the makers of clothes made her clothes of lesse lenght or brede, that the clothes shold be forfayted to the kyng, as in the same statuit it appereth; and also in the parliament of the said Kyng Henry the .iiij. te , the yere of his reigne .xi. (fn. iv-419-633-3) hit was ordined þat proclamation shold be made þurghoute the roialme, þat no persone makyng soche manere cloth and doseins withine the said reaume, þe same clothes or doseins ne shall nat takke ne plyte, afore the awnour have duely made his serche and oversight of soche clothes and doseins, that thei holde her lenght and brede, by the said last estatut ordeigned, up peine of forfaiture of the same; upon which estatutes made in tyme of the said Kyng Henry, diverses oppinions by divers justices and barons of the eschequer been hold, þat no clothe shold be made but of the lenght and brede aforeseid, except soche clothes as been comprehended in the same statutes, as kerseys and rayes, which shold be grete hynderyng and utter destruction to the seid communes þat erne used to make clothes called streytes of tyme oute of mynde. 56. Kersey, etc. All the commons of this realm humbly beseech: whereas by a statute made in the parliament of King Richard the second in the seventeenth year of his reign (fn. iv-419-633-1) it was ordained that every man of his realm might make both cloth of kersey and other cloth of such length and breadth as it pleased them, and sell the same cloth, paying the aulnage and subsidy and other duties according to the rate, that is to say, on every cloth and each piece of cloth according to the rate, notwithstanding any statute, ordinance, proclamation or prohibition made to the contrary; and that the said cloth should be measured by the alnagers, as more fully appears in the same statute. And after that time, in the parliament of King Henry the fourth at Westminster on 1 March in the seventh year of his reign (fn. iv-419-633-2) it was ordained and established that coloured cloth should contain 28 yards in length, measured from the top, and 6 and a half quarters in breadth, as is contained in the said statute. And if the makers of cloth made their cloth of less length or breadth, that the cloth should be forfeited to the king, as it appears in the same statute; and also in the parliament of the said King Henry the fourth in the eleventh year of his reign (fn. iv-419-633-3) it was ordained that proclamation should be made throughout the realm that no person making such kind of cloth and dozens within the said realm shall not tack or pleat the same cloth or dozens before the alnager has duly made his search and supervision of such cloth and dozens that they maintain their length and breadth in accordance with the said last statute ordained, upon pain of forfeiture of the same; upon which statutes made in the time of the said King Henry various opinions by several justices and barons of the exchequer have been maintained that no cloth should be made but only that of the aforesaid length and breadth, except for such cloth as has been contained in the same statutes, such as kersey and striped cloth, which should be to the great harm and utter destruction of the said commons who used to make cloth called straits since time immemorial.
That it like you to praye oure sovereigne lord, by the advys and assent of the lordes spirituelx and temporelx and the communes in this present parlement assembled, that the saide statutes mighten ben declared openly; and þat þis said worde cloth, in the seid statutes aforne rehersed, have relation and understondyng to hole clothes, called brode clothes, and brode doseins, and not to other clothes, < or > peces of clothes, called streytes, þat ben made, or for to be made; and þere upon to ordeigne and estable, þat every man maye make, put to sale, and selle, al manere clothes called streytes, holdyng .xiiij. yerdes in lenght, and yeerde brode unwette; or elles .xij. yerdes wette; withoute empechement of ony ministre of oure said sovereigne lord, paying to oure said sovereigne lord, awnages, subsidie, custumes, and other duetes; [p. iv-452][col. a] þat is to sey, of every clothe, and of every pece of clothe, after the rate in the said statutes contened. And if ony makers of soche clothes, called streites, make ony clothes to be sold, of lesse lenght and brede þan it is next aboveseid, þat þan it be leefull to the awnour, to kyt of the lyste at the one ende of all soche streite clothes, nat holdyng the said lenght, and the same clothe to be sold for a remenaunt, or for a pece, and nat for a clothe; and þat no soche clothes be putt to the sale, into tyme the awnour have mesured hem, and made serche, and sette þereto the kynges seale þereto ordeined, on payne of forfaiture of the same; and if the awnour seale ony soche clothes, called streites, nat contenyng the lengthe and brede of streites afore writen, and kut nat of the lyst of all soche clothes, as hold nat the lengthes and bredes of streytes above writen, þan the said awnour to paie to oure said sovereigne lord for every pece of clothe so founde fawty .vi. s. .viij. d.: outake alweys, þat al clothes, called streites, made or to be made, into the day of the Nativite of Seynt John Baptiste next comyng, have licence of sale and deliveraunce, into the fest of Nativite of Oure Lord þan next suyng, of what lenght or brede so every þei been. And this for the love of God, and in wey of charitee. May it please you to pray our sovereign lord, by the advice and assent of the lords spiritual and temporal and the commons assembled in this present parliament, that the said statutes might be publicly declared; and that this said word cloth in the said aforementioned statutes shall have relation and reference to whole cloth called broad cloth and broad dozens, and not to other cloth or pieces of cloth called straits that have been made, or will be made; and thereupon to ordain and establish that every man may make, put on sale and sell all kinds of cloth called straits measuring 14 yards in length, and a yard in breadth when dry, or else 12 yards when wet, without being prevented by any official of our said sovereign lord, paying to our said sovereign lord aulnage, subsidies, customs and other duties; [p. iv-452][col. a] that is to say, on every cloth and on every piece of cloth according to the rate contained in the said statutes. And if any makers of such cloth called straits make any cloth to be sold of less length and breadth than is abovesaid, that then it shall be lawful for the alnager to cut off the list at one end of all such straits which do not have said length, and for the same cloth to be sold as a remnant, or as a piece and not as a cloth; and that no such cloth be put on sale until the alnager has measured and examined it and affixed the king's ordained seal to it, on pain of forfeiture of the same; and if the alnager seals any such cloth called straits which do not contain the aforementioned length and breadth for straits, and does not remove from the list all such cloth which does not have the abovesaid length and breadth for straits, then the said alnager shall pay 6 s . 8 d . to our said sovereign lord for every piece of cloth thus found in default; saving always that all cloth called straits of any length or breadth made or to be made until the next feast of the Nativity of St John the Baptist [24 June 1434] shall be licenced for sale and delivery until next Christmas. And this for the love of God, and by way of charity.
Le roy le voet. (fn. iv-419-636-1) The king wills it. (fn. iv-419-636-1)
XVI. [Lands held of the crown.] XVI. [Lands held of the crown.]
57. < Purchase de terres du roy. > Priount les communes: qe come par l'estatut fait a Westm', l'an primer le roy Edward tierce, (fn. iv-419-639-1) ordine est; pur ceo qe plusours gentz de poeple du roialme, pleineront eux estre grevez de purchas des terres et tenementes, qe furent tenuz des auncestres du dit roy, come des honours; et mesmes ceux terres et tenementes, furent priz en les mains le roy, auxi come ils ussent estre tenuz en chief du roy come de sa corone, qe mes ne serroit homme enchesone pur null tiel purchas; puis quell estatuit diverses oppinions ount este priz sur tieux alienations par plusours gentz, par que plusours des lieges nostre seignur le roy ount este grevousement vexez et distourbez, en le chauncellarie et l'eschequer nostre seignur le roy, et ses auncestres, du terres et tenementes par eux purchasez, et que furont tenuz de dit nostre seignur le roy q'or est et ses auncestres, come de certeins honours, et en especiall des honours de Boloigne, Bonon' et Peverell'. 57. The purchase of the king's lands. The commons pray: whereas by the statute made at Westminster in the first year of King Edward the third (fn. iv-419-639-1) it was ordained because many people of the realm complained themselves to be troubled by the purchase of lands and tenements held of the said king's ancestors as honours; and those same lands and tenements were taken into the king's hands as if they used to be held in chief of the king as of his crown, so that no-one had reason for any such purchase; since which statute various opinions have been held by many people concerning such alienations, by which many of our lord the king's lieges have been grievously vexed and troubled in the chancery and the exchequer of our lord the king and his ancestors concerning the lands and tenements purchased by them, and which they have held of our present said lord the king and his ancestors being as of certain honours, and in particular of the honours of Boulogne, Bohun and Peverel.
Par quy please a nostre seignur le roy, par advys de toutz les seignurs espirituelx et temporelx esteantz en cest present parlement, pur oustier toutz les oppinions et ambeguites prisez sur le dit estatuit, de faire par auctoritee de cest parliament, pleine declaration de le dit estatuit; et qe le dit estatuit et ordinaunce ceo extende, sibien des alienations faitz, come des alienations affairz en temps advenir, des terres et tenementes tenuz de roy, come de ascuns des ditz honours, ou d'ascun autre honour deinz le roialme: pur Dieu, et en oevere de charitee. Wherefore may it please our lord the king, by the advice of all the lords spiritual and temporal assembled in this present parliament, in order to solve all the opinions and ambiguities held on the said statute, to make, by the authority of this parliament, full declaration on the said statute; and that the said statute and ordinance shall extend both to alienations made and to alienations to be made in future of lands and tenements held of the king as of any of the said honours, or of any other honour in the realm: for God, and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Soit commys au counseil du roy, et ait mesme le counseil poair de faire declaration en ceo cas. Let it be sent to the king's council, and let the same council have power to make declaration on this matter.
XVII. [Truces and safe-conducts.] XVII. [Truces and safe-conducts.]
58. < Rumpiers de treux et sauf-conducts. > Item, priount les communes: qe come en l'estatut fait a Leycestre, l'an secunde le roy Henry vostre pier, (fn. iv-419-646-1) qe Dieu assoile, est contenuz; qe les rumperies des treux et sauf conductes du roy, et voluntaries ressettes, abbettementes, procurement, concelment, lower, sustenaunce, maintenaunce des rumpours des treux, et save conductes du roy, par ses lieges affairz de lour en avaunt, dedeinz le roialme d'Engleterre, d'Irelond, et la paiis du Gales, et sur le haute meer, soient adjuggez et terminez pur haute treson, fait encountre la corone et dignite du roy; nient obstaunt qe les gentz es parties d'Escoce, ne en autres parties de par dela meer, comprisez deinz tielx treux sount a large, et n'ount null tiel [col. b] ordenaunce ne peine; a cause du quell estatuit, les subgettes du roy sount grevez encountre les treux, issint q'ils n'osent soy purvoire de remedie par voie de reprisell, par taunt qe les enemyes du roy, sibien en les ditz parties de par dela meer, come en le dit roialme d'Escoce, ent ount graunde corage de grever les foialx lieges du roy, entuantz ascuns deux, et ascuns enpreignauntz prisoners, et auxi enpreignauntz lour biens et chateux, encountre la tenure des trieux, sibien sur la haut meer, come en les marches d'Escoce suisditz. Et ore est ency, qe les suisditz marches d'Escoce sount enpoverez, destruez et desgastez, et le pluis graund partie del navye de vostre roialme d'Engleterre priz, amesnuz et anientuz, a graund empoveresment et peril de vostre dit roialme, s'il ne soit pluis hasty remedie purveu en cell partie. 58. Breakers of truces and safe-conducts. Item, the commons pray: whereas in the statute made at Leicester in the second year of King Henry your father [1414], (fn. iv-419-646-1) whom God absolve, it is contained that the breakers of the king's truces and safe-conducts, and the voluntary harbouring, abetment, procurement, concealment, hire, sustenance and maintenance of the breakers of the king's truces and safe-conducts to be made henceforth by his lieges in the realm of England, in Ireland, and in the region of Wales, and on the high sea shall be adjudged and determined as high treason committed against the crown and dignity of the king; notwithstanding that the people in the regions of Scotland or in other regions overseas, who are generally included in such truces, are at liberty, do not have any such [col. b] ordinance or penalty; because of which statute, the king's subjects are grieved contrary to the truces so that they do not dare to provide redress by means of reprisal because the king's enemies both in the said regions overseas and in the said realm of Scotland have a great desire to harm the king's faithful lieges thereupon, killing a couple, and some taking prisoners and also seizing their goods and chattels both on the high sea and in the aforesaid marches of Scotland, contrary to the tenor of the truces. And now it is the case that the aforesaid marches of Scotland are impoverished, destroyed and laid waste, and the greater part of the navy of your realm of England seized, taken away and destroyed, to the great impoverishment and danger of your said realm unless a very speedy remedy is provided in this regard.
Que please a vostre treshaut et trespuissant seignurie, de considere les premisses, et coment devaunt la dit estatuit fait, en temps de toutz vostre tresnoblez progenitours, les conservatours des trieux, et gardeinz des marches suisditz, avoient poair par auctorite de lour offices, de punir toutz les trespassours et offendours encountre la tenure des ditz trieux, en semblable fourme qe les conservatours et gardeinz en les parties d'Escoce, et en auterez parties de par dela meer, ount et avoient tout temps devaunt ces heures en lour parties, qe par l'advys de toutz voz seignurs espirituelx et temporelx, et par auctorite de cest present parliament, le dit estatuit poet estre repelle, adnulle et tout outrement voide; et ceo pur Dieu, et en oevere de charitee. May it please your most high and mighty lordship to consider the foregoing and how, in the time of all your most noble progenitors, before the said statute was made, the keepers of truces and wardens of the aforesaid marches had power, by the authority of their offices, to punish all those who trespassed and offended against the tenor of the said truces, in a similar form to that which the conservators and wardens in the regions of Scotland and in other regions overseas have and had in their regions in the past, that, by the advice of all your lords spiritual and temporal, and by the authority of this present parliament, the said statute shall be repealed annulled and completely made void; and this for God, and by way of charity.
[editorial note: Soit le statute tenuz. ] [editorial note: Let the statute be upheld.]
Soit la declaration fait en temps le roy Henry, pere a nostre seignur le roy q'orest, tenuz et gardez. (fn. iv-419-650-1) Let the declaration made in the time of King Henry, the father of our present lord the king, be upheld and observed. (fn. iv-419-650-1)
XVIII. [Debts and recognizances.] XVIII. [Debts and recognizances.]
59. < Viscountes. > Item, priount les communes: qe come diverses persones deinz cest roialme par devaunt cestes heures, sovent foitz ount este priz et arestuz, par divers viscountz et autres voz ministres, par divers briefs issantz sibien hors dez chauncellaries de voz noblez progenitours come de vostre chauncellarie, pur execution aver de divers reconisaunces faitz devaunt les maires des estaples, de divers sommes, des queux sommes icelles persones as queux la duete appent, n'ount remedie covenable, autre qe les ditz executions; les queux persones, ensy prisez et arestuz, pur l'execution de mesmes les reconisaunces, sount sovent foitz venir par divers briefs de corpus cum causa, devaunt vous en vostre chauncellarie, hors des prisons en queux ils sount issint detenuz, a cause de tiel execution, et illeoqes suent en monstrantz divers endentures et aulteres choses, en defesans des ditz reconisaunces, en priantz briefs de scire facias de garneter la partie, ou les parties a quy pursuit ils sount ensy prisez et arestuz, a respoundre sur icelles: et sur ceo, par surte a vous trovez en vostre dit chauncellarie, ount este deliverez hors de prisone, nient obstaunt lour dit arest, pur les executions du tielx reconisances come desuis est dit, null surtee trovez as reconises, as queux ils sount ensy obligez de eux satisfier de lour duetes, en cas qe les maters comprisez deinz les ditz briefs de scire facias ne soient trovez ne adjuggez pur les reconisours ensy obligez, par ount les ditz reconises ount ascun foitz este grauntement delaiez de lour execution, et ascun foitz lour execution ent tout outrement perduz, et en temps avenir veresemblablement a perdre, a cause qe null avauntage ou avail ent purra veignire, estre, ou accrestre as ditz reconises, as queux tielx persones sount issint obligez par le dit surtee ensy a vous trovez; pur ceo qe mesmes les persones ensy obligez par vostre pardon purront estre quitz et dischargez pur toutz jours. 59. Sheriffs. Item, the commons pray: whereas in the past several persons in this realm have often been taken and arrested by various sheriffs and your other officials by means of various writs issued both from the chanceries of your noble progenitors and from your chancery in order to have execution of various recognizances made before the mayors of the staples for different sums, for which sums those persons to whom the debt belongs do not have a suitable means of redress other than the said executions; which persons who have thus been taken and arrested for the execution of the same recognizances, have often come before you in your chancery from the prisons in which they are thus detained by means of various writs of corpus cum causa because of such execution, and have sued there by showing several indentures and other things in defence of the said recognizances by taking out writs of scire facias to summon the party or the parties by whose suit they are thus taken and arrested, to answer them: and thereupon, by surety found for you in your said chancery, they have been released from prison, notwithstanding their said arrest, for the executions of such recognizances as is said above, having found no surety for the recognizees to whom they are thus bound to satisfy for their debts, in case that the matters contained in the said writs of scire facias are not found nor adjudged for the recognizors thus bound, whereby the said recognizees are sometimes greatly delayed as regards their execution, and sometimes their execution thereupon is completely lost, and may very likely be lost in future because no advantage or benefit will go, come or accrue to the said recognizees to whom such persons are thus bound by the said surety thus found for you, because the same persons thus bound can be quit and discharged by your pardon forever.
Please a vostre hault et gracious nobleye, par auctorite de icest vostre present parliament d'ordeigner, qe chescun persone deinz vostre dit roialme, en tiel fourme priz et arestuz, ou en apres d'estre priz et arestuz, avaunt ceo q'il soit livere hors du prisone, trove sufficeant surtee a les [p. iv-453][col. a] ditz reconises, as queux il est ensy obligez, et al suite des queux il est ou serra ensy priz et arestuz, de paier as eux la somme pur la quel il est ensy oblige, en cas qe les maters contenuz en tiel brief de scire facias, ne soient trovez ne adjuggez pur mesmes les reconisours ensy obligez, ou s'il ne pursue my sa dit suyte ove effecte. Considerant, tresgracious seignur, qe les ditz reconises, as queux tielx persones sount obligez, sovent foitz sount saunz remedie; sy ensy soit qe mesmes les reconises ne vuillent my pursuer avaunt lour ditz briefs de scire facias ove effecte, ou autrement qe le matere de lour ditz briefs de scire facias soit trove ou adjugge encountre eux; et sur ceo ils soy retraient as lieux previlegiez, ou eux aloignent hors de vostre dit roialme, ou autrement q'ils nemye appiergent, issint qe lour corps puissent estre mys en execution, a tresgrande arerisment et anientisment de tielx reconises en temps avenir. May it please your high and gracious highness to ordain by the authority of this your present parliament that every person in your said realm who has been taken and arrested in such a way, or shall be taken or arrested in future, shall, before they are released from prison, find sufficient surety for the [p. iv-453][col. a] said recognizees to whom they are bound, and at the suit of whom he is or will be thus taken and arrested, to pay to them the sum for which he is thus bound in case that the matters contained in such a writ of scire facias are not found nor adjudged for the same recognizees thus obliged or if he does not sue his said suit effectively. Considering, most gracious lord, that the said recognizees to whom such persons are bound are often without redress; and the same recognizees are unwilling to pursue further their said writs of scire facias effectively, or otherwise that the subject of their said writs of scire facias is found or adjudged against them; and thereby they take themselves to privileged places or they move outside your said realm, or otherwise that they never appear, so that their body cannot be tried, to the very great detriment and harm of such recognizees in future.
Pur ceo qe le roy est enheritez de la prise de tielx seurtees a luy mesmes par le cours de sa chauncerie; le roy voet, qe tielx seurtees desore en avaunt soient faitz severalment, sibien au roy come au partie. (fn. iv-419-656-1) Because the king is entitled to the receipt of such sureties himself by the procedure of his chancery, the king wills that henceforth such sureties shall be issued separately both to the king and to the party. (fn. iv-419-656-1)
XIX. [John Savage and affray in parliament.] XIX. [John Savage and affray in parliament.]
60. < Encontre John Savage pour ceo q'il fait affray in temps du parliament. > Item, priount les communes: qe come au parliament tenuz a Westm' lendemayn de Seint Hillarie, l'an du reigne le noble roy vostre aiel quint, (fn. iv-419-659-1) entre autres soit contenuz en la fourme q'ensuyt: 60. Against John Savage because he made an affray during parliament. Item, the commons pray: whereas it was specified among other things in the parliament held at Westminster the day after the feast of St Hilary in the fifth year of the reign of the noble king your grandfather [14 January 1404], (fn. iv-419-659-1) in the form which follows:
Item, pur ceo qe Richard Chedder esquier, quy fuist venuz a cest present parliament ovesqe Thomas Brooke chivaler, un des chivalers esluz en mesme le parliament pur le counte de Somers', et mayneall ove le dit Thomas, fuist horriblement naufrez, emblemez et maheymez, par Johan Salege, autrement appelle Johan Savage; ordeine est et establie, qe par tant qe le dit horrible fait, fuist fait deinz le temps du dit parlement, qe proclamation soit fait la ou mesme l'orrible fait se fist, qe le dit Johan appierge, et soy rende en bank le roy, deinz un quarter d'an apres la proclamation fait; et s'il ne face, soit mesme celuy atteint de la fait suisdit, et paie al partie greve ses damages a double, a taxer par discretion des justices du dit bank pur le temps esteantz, ou par enquest s'il bosoigne, et face fyn et raunceon a la voluntee du roy: et outre ceo, accordez est en parlement, qe semblablement soit fait en temps avenir en cas semblable', sicome en le dit estatuit pluis au pleine est contenuz. Et ore est ensy, q'en mesme cest present parliament, un graund assaut et affraie encountre la peas nostre tressovereigne seignur le roy, est fait a Richard Quatremains, un des chivalers pur le countee d'Oxenford' en cest present parliament. Item, because Richard Chedder esquire who had come to this present parliament with Thomas Brooke, knight, one of the knights elected to the same parliament on behalf of the earl of Somerset, and in the company of the said Thomas, was dreadfully wounded, injured and maimed by John Salege, otherwise called John Savage; it is ordained and established that, because the dreadful deed was committed during the said parliament, proclamation shall be made in the place where the dreadful deed was perpetrated that the said John appear and surrender himself in King's Bench within a quarter of a year after the proclamation is made; and if he does not do it let him be convicted of the aforesaid deed and pay to the injured party twofold damages, to be set at the discretion of the justices of the said Bench at the time, or by inquest if necessary, and make fine and ransom at the king's will: and in addition, it is agreed in parliament that likewise be done in future in similar cases; as is more fully contained in the said statute. And now it is the case that in this same present parliament a great assault and affray against our most sovereign lord the king's peace has been made on Richard Quatremains, one of the knights in this present parliament for the county of Oxford.
Sur quoy please a nostre seignur le roy, par auctorite de cest present parlement d'ordeigner, qe si ascun affraie ou assaut soit fait, par ascun persone, a ascun chivaler, citezin ou burgeys, venuz a cest present parlement, ou a ascun chivaler, citezyn ou burgeys, eslier au parliament en temps avenir; qe proclamation soit fait la ou mesme l'assaut est fait, ou temps avenir serra fait, qe celuy qe face tiel assaut ou affraie, soy rende en bank le roy, deinz un quarter d'un an apres la proclamation fait; et s'il ne face, q'il soit atteint de le fait suisdit, et paie al partie greve ses damages au double, a taxer par le discretion des justices du dit bank pur le temps esteantz, ou par enquest s'il bosoigne, et face fyn et raunceon a la voluntee du roy. Et s'il veigne et trove soit coupable par enquest, par examination, ou en autre manier, de tiel affraie ou assaut, paie il donqees al partie ensy grevee ses damages a double, trovez par le enquest, ou a taxer par le discretion des ditz justices, et face fyn et raunseon a la volunte le roy, come desuis est dit. Whereupon, may it please our lord the king to ordain by the authority of this present parliament that if any affray or assault is made by any person on any knight, citizen or burgess who has come to this present parliament, or on any knight, citizen or burgess elected to parliament in future, proclamation shall be made in the place where the same assault is committed, or will be committed in future, that he who makes such an assault or affray shall surrender himself in King's Bench within a quarter of a year after the proclamation is made; and if he does not do it then he shall be convicted of the aforesaid deed and pay to the injured party twofold damages, to be set at the discretion of the justices of the said Bench at the time, or by inquest if necessary, and to make fine and ransom at the king's will. And if he appears and is found guilty by inquest, by examination or by other means of such an affray or assault, then he shall pay to the party thus injured twofold damages as determined by the inquest or to be set at the discretion of the said justices, and make fine and ransom at the king's will, as is said above.
[memb. 2]
Le roy voet, qe si ascun assaut ou affraye soit fait a ascun seignur espirituel ou temporell, chivaler de countee, citezein ou burgeis, venuz au parlement, ou au counseil du roy par son commandement, et la esteant [col. b] et entendant au parlement, ou au counseil; q'adonqes soit proclamation fait par trois jours severalx, en la pluis overt lieu de la ville ou l'assaut ou affraye fuist ensy fait, qe la partie qi face tiel l'assaut ou affraie, soy rende devaunt le roy en son bank, deinz un quarter d'un an apres la proclamation fait, s'il soit el temps du terme, ou autrement all prochein jour en temps de terme, ensuant le dit quarter, affaire et receivere en manere come il este desire par la petition. (fn. iv-419-663-1) The king wills that, if any assault or affray is made to any lord spiritual or temporal, knight of a county, citizen or burgess who has come to parliament or to the king's council by his command and is present there [col. b] and attending parliament or the council, then proclamation shall be made for three separate days in the most public place of the town where the assault or affray was thus carried out that the party who has made such an assault or affray shall surrender himself before the king in King's Bench within a quarter of a year after the proclamation is made, if it shall be during the terms when the courts are sitting, or otherwise at the next day in term time after the said quarter, to be done and received in the manner as it is desired by the petition. (fn. iv-419-663-1)
XX. [Wax candle-makers.] XX. [Wax candle-makers.]
61. < Wax chaundelers. > Item, priount les communes: qe come les wexchaundeleres en diverses parties d'Engleterre, vendont chaundeles, images, figures et autres overaignes de cere, faitz pur oblations, solonc l'afferant d'un libre de cere a deux souldez et pluis, l'ou un libre de cere ne vaut outre .vi. d., issint qe eux gaignont en chescun libre du cere ensy overe, .xviij. d. et pluis; par ount plusours gentz sont defraudez de lour bon entent et devotion, supposantz tielx chandeles, images, figures et autres overeignes, estre de resonable value, solonc ceo q'eux paiount pur ycell, l'ou eux sount de null ou petit value. 61. Wax candle-makers. Item, the commons pray: whereas the wax candle-makers in various parts of England who sell candles, images, figures and other works of wax made for oblations according to the rate of one pound of wax for 2 s . and more, when one pound of wax is not worth more than 6 d ., so that they gain 18 d . and more on each pound of wax thus worked; whereby many people are defrauded of their good intention and devotion, supposing such candles, images, figures and other works to be of reasonable value according to the price they have paid for them, when they are of no or little value.
Please a nostre seignur le roy, par assent des seignurs espirituelx et temporelx, et des communes, en cest present parliament assemblez, par auctoritee de mesme le parliament ordeigner et establier, qe null persone vende, ou mette a vendre, ascuns tielx chandeles, images, figures, ou autres overeignes de cere, au pluis haut pris, forsqe soulement solonc l'afferant del pris de trois deniers pluis en le pois d'un libre, outre ceo qe le commune pris d'un libre de cere pleine est, entre merchaunt et merchaunt, all temps del tiel vent ou de tiel mettre a vendre; sur paine de forfaiture des tielx chaundeles, images, figures, et autres overeignes de cere ensy mys a vendre, et del value d'iceux qe serrount venduz encountre la fourme de cest estatuit, et de faire fyn a nostre seignur le roy s'ils soient ent duement atteintz, ou soit trove par examination ou due serche par pois, ou en autre manere, q'ils ount venduz, ou mys a vent, ascunz tielx chaundeles, images, figures, ou overeignes de cere, encountre la fourme de cest estatuit. Et qe les justices du pees, en chescun countee ou eux sount justices, eiant poiar d'enquerer, oier et terminer toutz choses faitz encountre cest estatuit. Et qe sibien chescun justice du pees, en le countee ou il est justice, come mairs et baillifs, deinz citees et burghs, seneschalx des seignurs, deinz les fraunchises lour seignurs, aient poair et auctoritee d'examiner et sercher, sibien par pois des tielx chaundeles, images, figures et autres overaignez de cere, come en autre manere par lour discretion, toutz ceux qe riens ferront en temps avenir encountre cest estatuit, et de punier ceux qe par tiel examination ou serche serront trovez coupablez, en la fourme desuisdit. May it please our lord the king, by the assent of the lords spiritual and temporal and of the commons assembled in this present parliament, to ordain and establish by the authority of the same parliament that no person shall sell or put for sale any such candles, images, figures, or other works of wax at a price which is higher than a maximum of 3 d . above the common price of one pound of wax agreed by merchants at the time of such sale or when such is put for sale; upon pain of forfeiture of such candles, images, figures, and other works of wax thus put for sale, and of the value of those which will be sold contrary to the form of this statute, and to make fine to our lord the king if they be duly convicted thereupon, or if it is found by examination or due search by weight or in another way that that have sold or put for sale any such candles, images, figures, or works of wax contrary to the form of this statute. And that the justices of the peace in every county where there are justices shall have power to inquire upon, hear and determine all the things done contrary to this statute. And that both every justice of the peace in the county where he is justice and the mayors and bailiffs in the cities and boroughs, and the stewards of lordships in the franchises of their lords shall have power and authority to examine and investigate by the weight of such candles, images, figures and other works of wax and in other ways at their discretion all those who make anything in future contrary to this statute, and to punish those who will be found guilty by such examination or search in the aforesaid form.
Le roy le voet, purveu qe cest estatuit ne se extende as herces affairs pur les nobles trespassantz. (fn. iv-419-669-1) The king wills it, provided that this statute does not extend to the hearses to be made for the nobility who die. (fn. iv-419-669-1)
XXI. [Sale of merchandise by alien merchants.] XXI. [Sale of merchandise by alien merchants.]
62. < Money. > Item, priount les communes: qe please a nostre seignur le roy, pur eschuer les emportementes de moneye hors du roialme d'Engleterre en sutile manere, et le long garde des merchandises, apportez par merchantz aliens deinz le dit roialme, pur eux vendre a tresgraund chiertee, d'ordeigner par auctoritee de cest present parliament; qe toutz merchantz aliens, vendent saunz fraude ou collusion, toutz les merchandises, pur eux, ou ascun autre a lour use ou disposition, apportez deinz le dit roialme, deinz un quarter de l'an proschein apres tiel apporter, sur peine de forfaiture des merchandises ensy apportez, nient venduz, par la fourme de cest estatuit. Et qe les ditz merchantz aliens, purront et aient poair de faire eschaunges ove chescun persone alien ou deinzein, qe voudraffaire eschaunges al court de Rome, ou aillours as parties de par dela; savaunt au roy ses duetes de [p. iv-454][col. a] mesmes les eschaunges. Et q'ils emploient la moneye par eux a resceiver, outre lour expenses resonablez, sibien del vent des merchandises ensy apportez, come la money a resceiver par eschaunge sur les commoditees del dit roialme, deinz un quarter de l'an apres ascun money ensy resceu. Et qe en la citee de Loundres, le mair de mesme la citee pur le temps esteant, solonc sa discretion, deputee et assigne a chescun compaigne des merchantz aliens, deux sufficeantz persones, dount l'un sacher escriver, et qeux ne soient merchantz, ne riens medlent de merchandise pur eux mesmes. Et en chescun autre citee, ville merchant, et port deinz le dit roialme, soient assignes et deputes semblablement par le mair, l'ou il ad mair, et l'ou il n'ad mair, par les baillif ou bailliffs, deux sufficeantz persones, dount l'un facher escrivere, pur surveier les merchandises des merchantz aliens ensy apportez, q'ils soient venduz solonc la fourme de cest estatuit. Et qe sibien la money ent a resceiver, come la money a resceyver par eux par eschange, soient employez en la fourme suisdit. Et qe les persones ensy assignez et deputes, preignent et escrivent les parcelles des merchandises ensy apportez par merchantz aliens, et les sommes de money ensy a resceivers pur eschaunge. Et qe mesmes les merchantz, mesmes les parcelles et summes, et auxi les parcelles des merchandises queux achateront, ove la money en la fourme suisdit par eux a resceyver, as ditz persones ensy assignes et deputes diliverent, sur peine de forfaiture de tout ceo qe ount eux issint ne certifierount; et mesmes les persones ensy assignes et deputes duement resceyvent, et escrivent les parcelles et summes ensy a eux liverez, sur peine de .x.li.; et eient poair de examiner et veer les livres des custumers des portes, ou mesmes les merchandises furent custumez, et d'entrere et ensercher les mansions et measons des ditz merchantz aliens, chescun moys un foitz, et pluis sovent s'il bosoigne, par discretion et assignement del maire on baillif del citee, ville et port, ou les ditz persones serront ensy assignez, pur aver notice del merchaundises ensy apportez, et veer si riens serra fait encountre cest estatuit; et de seisier toutz maners des merchandises et summes de money, forfaitz par fourme de cest estatuit. Et aient eux et le maire, ou les baillif ou baillifs del citee, ville ou port, ou eux serront issint deputees et assignes, la moite des merchandises et money ensy forfaitz a lour propre oeps, et de l'autre moite respondront les persones ensy assignez et deputeez au roy, par accompt ent a rendre en l'eschequer annuelment. Et eient les deux persones ensy assignez et deputez, pur faire lour office en la fourme suisdit, de chescun libre del value des merchandises ensy apportez ou achatez, en les lieux ou ils serront issint deputees et assignes, un denier. Et qe les ditz mairs et baillifs, deputent et assignent persones en la fourme suisdit, c'est assavoir, le mair de Loundres, sur peine de .xl.li., et chescun autre des ditz mairs et baillifs, sur peine de .xx.li. Et qe si ascun persone espie ascun mair, baillif, marchaunt alien, ou ascun des persones ensy deputes et assignez, qe riens ferront encountre cest estatut, et de ceo pleinement certifie les tresorer et barons de l'eschequer nostre seignur le roy, q'il eit et recovere envers celuy qe ensy ferra encountre cest estatuit, et de qi il ad ensy certifie les ditz tresorer et barons, .c. s., et ses costages de son suyt, par brief, bill ou pleinte de dette, en quell court de record q'il voudra suer, q'ad poair de teigner plee de dette, et ad jurisdiction en le lieu ou la cause de cest action sourde. Et qe cest estatuit endure taunt soulement par trois ans proscheins ensuantz le fest de Seint Hillary proschein avenir. 62. Money. Item, the commons pray: that it might please our lord the king, in order to avoid the removal of money from the realm of England by subtle means and the long period that merchandise is kept when imported to the said realm by alien merchants so that they can sell it when it is very scarce, to ordain by the authority of this present parliament that all alien merchants shall sell without fraud or collusion all their merchandise for themselves or for any other for their use or disposal, which has been imported to the said realm within a quarter of the year after such importation, on pain of forfeiture of the unsold merchandise thus imported, by the form of this statute. And that the said alien merchants shall be able and shall have power to make exchanges with any alien person or denizen who wishes to make exchanges at the court of Rome or elsewhere in regions overseas, saving to the king his duties on [p. iv-454][col. a] the same exchanges. And that they should use the money to be received by them, besides their reasonable expenses, both from the sale of the merchandise thus imported and the money to be received through exchange on the commodities of the said realm within a quarter of the year after any money has thus been received. And that in the city of London, the mayor of the same city at the time shall, according to his discretion, appoint and assign two sufficient persons to each company of alien merchants, of whom one will know how to write, neither being merchants nor having any dealings with merchandise themselves. And in every other city, merchant town and port in the said realm there shall be two suffcient persons likewise assigned and appointed by the mayor where there is a mayor and by the bailiff or bailiffs where there is not a mayor, of whom one will know how to write, in order to inspect the merchandise of the alien merchants thus imported that it is sold according to the form of this statute. And that both the money to be received thereupon and the money to be received by them through exchange shall be used in the aforesaid form. And that the persons thus assigned and appointed shall take and write down the packages of merchandise thus imported by the said alien merchants and the sums of money to be received through exchange. And that the same merchants shall deliver the same packages and sums and also the packages of merchandise which they will buy with the money to be received by them, in the aforesaid form to the said persons thus assigned and appointed on pain of forfeiture of all that which they have not certified in that way; and the same persons thus assigned and appointed shall duly receive and write down the packages and sums thus delivered to them on pain of £10; and they shall have power to examine and inspect the books of the customs officers at the ports where the same merchandise is liable for customs duty, and to enter and search the residences and houses of the said alien merchants once every month, and more often if considered necessary by the discretion and agreement of the mayor and bailiff of the city, town or port where the said persons will be thus assigned, in order to have knowledge of the merchandise thus imported, and to see if anything will be done contrary to this statute, and to seize all kinds of merchandise and sums of money forfeited by the form of this statute. And let them and the mayor or the bailiff or bailiffs of the city, town or port where they will be thus appointed and assigned have half of the merchandise and money thus forfeited for their own use, and the persons thus assigned and appointed for the king shall be accountable for the other half by account to be rendered annually thereupon in the exchequer. And let the two persons thus assigned and appointed, in order to carry out their office in the aforesaid manner, have one penny from every pound of the value of the merchandise thus imported or bought in the places where they will be thus appointed and assigned. And that the said mayors and bailiffs shall appoint and assign persons in the aforesaid manner, that is, the mayor of London on pain of £40, and every other of the said mayors and bailiffs on pain of £20. And that if any person shall detect any mayor, bailiff, alien merchant or any of the persons thus appointed and assigned who does anything contrary to this statute, and notifies the treasurer and barons of our lord the king's exchequer of this fully, then he shall have and recover 100 s . from him who acts contrary to this statute and of whom he has thus notified the said treasurer and barons, and his costs of his suit by writ, bill or plea of debt in any court of record where he wishes to sue which has power to hold a plea of debt and has jurisdiction in the place where the cause of this action arose. And that this statute shall last only for the next three years following the next feast of St Hilary.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy s'advisera. (fn. iv-419-674a-1) The king will consider this further. (fn. iv-419-674a-1)
XXII. [Partition at Calais staple.] XXII. [Partition at Calais staple.]
63. < Woll, woll-fell and tynne, etc. > Prey the communes of this present parlement, to the kyng oure sovereigne lord, and to all the [col. b] lordes espirituelx and temporelx in the same, for the wele of hym, and of < this > his noble roialme: that the good ordinaunce and statuit made in the .viij. yeere of his reigne, that is to say, that all the wolle, wollefell, and tynne, that repaireth and cometh to his staple at Caleys, þat þei be sold for redy money, to be paied in hand: and that the bullion be broght into his mynte þere. That is to sey, of every sarplere wolle, sold for .xij. marcs the sak, and aboven, .vi.li. of bollion; and of every sarplere wolle, sold benethe .xij. marcs, .v.li. of bollion. And þat trewe and due partition be made according to the ordinaunce þere nowe, to endure fro the fest of the Annunciation of Oure Lady next commyng to the ende of thre yeere, by auctoritee of this present parliament, for the goode governaile of youre said staple, and grete availe of this your noble roialme. (fn. iv-419-677-1) 63. Wool, woolfells and tin, etc. The commons of this present parliament pray the king our sovereign lord and all the [col. b] lords spiritual and temporal assembled in the same parliament for his well-being and that of this his noble realm: whereas the good ordinance and statute made in the eighth year of his reign, that is to say, that all the wool, woolfells and tin that is taken and comes to his staple at Calais should be sold for ready money, to be paid cash in hand: and that bullion should be brought to his mint there. That is to say, on every sack of wool sold for 12 marks and more per sack, £6 in bullion, and on every sack of wool sold for less than 12 marks, £5 in bullion. And that true and proper partition be made according to the ordinance to last from the next feast of the Annunciation of Our Lady [25 March 1434] until to the end of three years [1437], by the authority of this present parliament, for the good governance of your said staple and great advantage of this your noble realm. (fn. iv-419-677-1)
Soit fait come il est disire, savant toutz foitz au roy, poair et auctoritee de modifier mesme l'estatuit quant luy plerra, par advys de son counseil, solonc ceo qe meulx luy semblera pur le profit du roy, et du roialme. (fn. iv-419-679-1) Let it be done as it is desired, saving always to the king the power and authority to modify the same statute when it will please him, by the advice of his council, according to that which will seem best to him for the profit of the king and of the realm. (fn. iv-419-679-1)
XXIII. [Exports other than to Calais staple.] XXIII. [Exports other than to Calais staple.]
64. < Custumes, subsidies. > Item, priount les communes: qe come les custumes et subsides grauntz a nostre sovereigne seignur le roy, sount aloignes et soubstreitz, sibien a cause de non due serche fait en les portes et crikes dedeinz le roialme d'Engleterre, come par autres subtilles ymaginations de diverses persones, cariantz merchandises de l'estaple de Caleys, countre la fourme des estatutes ent purveux et ordeignez. 64. Customs, subsidies. Item, the commons pray: whereas the customs and subsidies granted to our sovereign lord the king are removed and reduced both because due search is not made in the ports and creeks in the realm of England, and by other subtle scheming of various persons who carry merchandise of the staple at Calais contrary to the form of the statutes provided and ordained thereupon.
Please a nostre seignur le roy, par auctorite de cest present parliament ordiner et establier; qe si ascuns merchandises, en ascun vaissell soit mys ou eskippez, ou sur le meer passant hors du dit roialme, nient custumez ne cokettes en les portes du dit roialme, ou laynes, pealx lanutz, quirs, plumbe ou estein, cariez ou amesnez a autre lieu qe a dit estaple a Caleys, forspriz ceux queux sount licencez par estatutes avaunt faitz, ou par les lettres patentez nostre sovereigne seignur le roy, ou de ses progenitours, et ceux queux sount enchachez par infortune ou tempest du meer, en null manere purra ou purront estre trouvez en null partie, qe celuy ou ceux qe les ensy trovent, eient pleine poair par auctorite suisdit, de prendre et seiser les ditz merchandises ensy trovez, come biens forfaitz a nostre dit seignur le roy. Et ent del moite del value d'icelles, respoundre a nostre dit seignur le roy en son eschequer, et l'autre moyte de mesmes les merchandises avoir et enjoyer al propre oeps et profit de celuy ou ceux qe tielx merchandises preignent ou seisent, ascun estatuit ou ordinaunce fait au contraire nient obstaunt. Purveux toutz foitz, qe tielx trouvours et parnours de tielx merchandises, issint trovez et prisez, carient et amesnent les ditz biens et merchandises, a ascune porte dedeinz cest roialme, dedeinz deux moys apres tielx prises; et illeoqes les ditz merchaundises face ou facent preiser par mair ou baillifs, ou deux prodes hommes dedeinz les ditz portes: et des dites merchandises, et du price d'icelles, endentures faire parentre les ditz trouvours et preignours, et les ditz mair ou baillifs. Et qe ceux trouvours et preignours, certifient le content et matier comprisez en les ditz endentures, en l'escheqer nostre dit seignour le roy, dedeinz deux moys apres tielx endentures faitz. Et outre ceo, qe nully sur peine de felonie, emportie, carie, n'eskippe, ne face emporter, carier, n'eskipper, ascuns tielx merchandises, en ascunz crikes dedeinz vostre roialme, countre l'ordenaunce suisdit. Et qe cest article de felonie, endure tan qe al fyn de trois ans proschein ensuantz, et nemye outre. May it please our lord the king to ordain and establish by the authority of this present parliament that if any merchandise is put or shipped on any vessel or is exported from the said realm by sea, and customs duty has not been paid nor cockets issued in the ports of the said realm, or wool, woolfells, hides, lead or tin is carried or brought to a place other than to the said staple at Calais, except those which are licenced by statutes made previously, or by the letters patent of our sovereign lord the king or of his progenitors, and those which are driven off by misfortune or storms at sea and who cannot be found in any region by any means, that he or those who shall thus find them shall have full power, by the aforesaid authority, to take and seize the said merchandise thus found as goods forfeited to our said lord the king. And half their value shall be paid to our said lord the king in his exchequer, and the other half of the same merchandise shall be for the personal use and enjoyment of him or those who took or seized such merchandise, notwithstanding any statute or ordinance made to the contrary. Provided always that such finders and takers of such merchandise thus found and taken shall carry and bring the said goods and merchandise to any port in this realm within two months after such taking; and there cause the said merchandise to be valued by the mayor or bailiffs or two law-worthy men in the said ports and to have issued indentures for the said merchandise and for its price between the said finders and takers and the said mayor or bailiffs. And that those finders and takers shall certify the content and matter mentioned in the said indentures in our said lord the king's exchequer within two months after such indentures are made. And in addition, that no-one, on pain of felony, shall import, carry, nor ship or cause to import, carry or ship any such merchandise in any creeks in your realm, to last until the end of the next three years, and not beyond.
Qant al serche affair sur le meer; le roy s'advisera: qant al peine de felonie desuis expresse; soit fait come il est desire par la petition. (fn. iv-419-685-1) As regards the search to be made at sea; the king will consider this further: as regards the penalty of felony mentioned above; let it be done as it is desired by the petition. (fn. iv-419-685-1)
[p. iv-455]
[col. a]
XXIV. [Royal debts for ordnance.] XXIV. [Royal debts for ordnance.]
65. < Clerk del ordinaunce du roy. > Please as tressages communes en cest present parliament assemblez, considerer les graundez noumbres des dettes duez par le noble roy Henry, pier nostre seignur le roy q'or est, qe Dieu assoile, as diverses persones en le office del clerk de l'ordinaunce del dit nadgairs roy, pur ses guerres, pur mearesme, cariages, niefs, ove les gages des maistres et mariners des mesmes les niefs, et autres diverses choses priz pur le dit ordinaunce. Et sur ceo, de prier a nostre seignur le roy q'or est, d'ordeigner et grauntier par auctorite de cest present parliament, qe certeinz persones par le honurable pier en Dieu Henri archevesqe de Cantirbiers, et autres ore en vie, qe furent enfeffes par le dit nadguairs roy par ses lettres patentez, en diverses chastielx, seignuries, manours, villes, terre et tenementes ove lour appurtenaunces, en diverses countees d'Engleterre et en le marche de Gales, anommerz et limiterz, eient poair et auctoritee, de prendre et resceiver annuelment certeins sommes de money, par discretion des ditz feoffes, ou trois d'eux a limiterz, des issues et profitz provenauntz des ditz chastielx, seignuries, manoirs, villes, terres et tenementes, par les mains des ditz feoffes, et de lour officers et ministres, pur ent paier les ditz dettes par le dit nadgarz roy duez, en accomplessement del darrein voluntee del dit nadgairs roy, saunz empechement ou distourbance del nostre dit seignur le roy, ou de ses heirs, officers ou ministres qeconqees, ou d'ascun d'eux. < Et > qe les ditz feoffes, lour heirs et executours, et auxi les ditz persones ensy a nommerz et a limiterz, lour heirs et executours, ne soient, ne null de eux ne soit empledez, molestez, inquietez ne grevez, en null manere par nostre dit seignur le roy q'or est, ou ses heirs, ou par ascun autre, par cause de paiement, liveree, resceit, administration ou occupation d'ascun somme, ou ascun parcell d'ascun somme, en la fourme avauntdit a prendre, resceiver ou a paier. Et qe les ditz persones ensy a nomerz et a limiterz, ne soient tenuz a rendre ascun accompt, ou respoundre a ascun persone si noun as ditz feoffes, lour heirs ou executours, ou lour ministres ou officers, des ditz sommes en la fourme suisdit a prendrez, resceyvers ou a paierz; savant toutz foitz a les ditz feoffes, toutz maners droitez, benefices, avauntages et libertees, en toutz les ditz castielx, seignuries, manours, villes, terres et tenementes, ove lour appurtenaunces, auxi entierment si come les ditz feoffez avoient, le proschein jour devaunt le commencement de cest present parlement. 65. Clerk of the king's ordnance. May it please the most wise commons assembled in this present parliament to consider the large numbers of debts owed by the noble King Henry, the father of our present lord the king, whom God absolve, to several persons in the office of clerk of the ordnance of the said late king, for his wars, for timber, carriage, ships, with the wages of the masters and mariners of the same ships, and various other things taken for the said ordnance. And thereupon to pray our present lord the king to ordain and grant by the authority of this present parliament that certain persons to be named and specified by the honourable father in God Henry, archbishop of Canterbury, and others now living, who were enfeoffed by the said late king by his letters patent of various castles, lordships, manors, towns, land and tenements with their appurtenances in several counties of England and in the march of Wales, shall have power and authority to take and receive annually certain sums of money at the discretion of the said feoffees, or three of them to be specified, from the issues and profits issuing from the said castles, lordships, manors, towns, lands and tenements by the hands of the said feoffees and of their officers and officials in order to pay the said debts owed by the said late king, in fulfilment of the last will of the said late king, without the prevention or hindrance of our said lord the king, or any of his heirs, officers or officials, or of any of them. And that the said feoffees, their heirs and executors, and also the said persons thus to be named and specified, their heirs and executours, shall not be, nor shall any of them be impleaded, molested, troubled or harmed in any way by our said present lord the king or his heirs, or by anyone else, because of the payment, delivery, receipt, administration or seizure of any sum, or any part of any sum, to be taken, received or to be paid in the aforesaid form. And that the said persons thus to be named and to be specified shall not be bound to render any account or answer any person except the said feoffees, their heirs or executors, or their officials or officers as regards the said sums to be taken, received or to be paid in the aforesaid form; saving always to the said feoffees, all kinds of rights, benefits, advantages and liberties in all the said castles, lordships, manors, towns, lands and tenements, with their appurtenances, also as entirely as the said feoffees held them the day before the begining of this cest present parliament.
Le roy s'advisera. The king will consider this further.
XXV. [Customs officials.] XXV. [Customs officials.]
66. < Merchaunts. > To the kyng oure sovereigne lord, sheweth right mekely unto youre rial majeste, youre pouere merchantz of this youre roialme of Englond: that ther as youre custumers and countrollers in youre portes, writen no warants in discharge of youre said merchantz, of divers manere of merchandises by hem yshewed and duely ycustumed, some as wele into youre said roialme as outward; the wiche causeth oft tymes by youre said custumers and countrollers, enbeselyng of youre said custume, and eke grette anientisment unto youre said merchantz, by cause that the said warants myght declare and openly shewe her due custumyng, whan they been often tymes unrightfully empeched in youre eschequer. 66. Merchants. To the king our sovereign lord, your poor merchants of this your realm of England most humbly beseech your royal majesty: whereas your customs officers and controllers in your ports do not write any warrants in order to discharge your said merchants for various kinds of merchandise declared by them there and with customs duties having been paid there, sometimes both on entering your said realm and on being exported, which often results in your said customs being misappropriated by your said customs officers and controllers, and causes great harm to your said merchants because the said warrants might declare and openly show their due customs duty, when they have often been unlawfully prevented in your exchequer.
Please unto youre rial majeste and gracious lordshipp, to consider the grete deceytes aforesayd, and þere uppon gratiously to ordeigne by the auctorite of this youre present parliament that your said custumers and countrollers, write and deliver sufficiantz warants, ensealed with the seale of office þere to ordeigned, unto youre said marchantz, and to iche of hem, for all and every of her merchandises, every tyme by hem unto youre said custumers and countrollers deuly yshewed; the said merchantz, ne none of hem, nothyng paying for the said warants, butt onely her due custume. And [col. b] in cas þat any custumer or countroller in any of youre said portes doo the contrarie, that than, by the auctoritee of the said parlement, every marchaunt that is so ygreved, may have action by vertue of this ordinaunce, to pursue ayenst every custumer or countroller þat doth the contrarie, in every court of record; and than every countroller and custumer so atteint, may forfait unto yowe, soveraigne lord, for every defaut .x.li.: and to the merchant so ygreved, that wil sue, .c. s.; for the love of God, and in the weye of charitee. May it please your royal majesty and gracious lordship to consider the aforesaid great deceits, and thereupon graciously to ordain by the authority of this your present parliament that your said customs officers and controllers shall write and deliver sufficient warrants, sealed with the seal of the office ordained for this, to your said merchants, and to each of them, for each and every piece of their merchandise every time it is duly shown by them to your said customs officers and controllers, the said merchants, nor any of them, paying anything for the said warrants, but only their due customs duty. And [col. b] in case any customs officer or controller in any of your said ports acts to the contrary, that then, by the authority of the said parliament, every merchant who is so grieved may have action by virtue of this ordinance to sue against every customs officer or controller who acts to the contrary in every court of record; and then every controller and customs officer so convicted, may forfeit £10 to you, sovereign lord, for every default: and 100 s . to the merchant thus grieved who will sue; for the love of God, and by way of charity.
Le roy le voet. (fn. iv-419-696-1) The king wills it. (fn. iv-419-696-1)
[memb. 1]
XXVI. [Customs officials.] XXVI. [Customs officials.]
67. < Custumes, subsidies. > Item, priount les communes: qe par la ou nostre seignour le roy est graundement deceyue de ses custumes et subsidies, de ceo qe les custumers de divers portes deinz le roialme, ensealont blankez escrowes en parchemyn, appellez blankez cokettes, ove lour sealx deputez a lour offices; et eux issint ensealez, liverent as merchantes pur entrier et escriver en ycelles lour biens et merchandises issantz hors del roialme as parties de par dela, le roy nostre sovereigne seignur de ses custumes et subsidies de tielx biens et merchandises nient responduz ne paiez. 67. Customs duties, subsidies. Item, the commons pray: whereas our lord the king is greatly defrauded of his customs duties and subsidies because the customs officers in several ports in the realm seal blank rolls of parchment, called blank cockets, with the seals assigned to their offices, and they deliver them thus sealed to merchants in order for them to enter and write on them their goods and merchandise being exported from the realm to regions overseas, having not given nor paid the king our sovereign lord his customs duties and subsidies for such goods and merchandise.
Please a vostre roial majeste, par advys de voz seignurs espirituelx et temporelx en cest present parliament assemblez, et par l'auctorite de mesme le parlement, de grauntier et ordeigner; qe si ascun custumer, enseale ascun tiel blanke escrowe ove le seale deputee a son office; ou si ascun merchant entrie ou escrive, ou face entrier ou escrivere en tiel blank escrowe ou chartre issint enseale ses biens ou merchandises, pur ent defrauder nostre seignur le roy de ses custumes et subsidies: soit adonqes < auxibien > mesme le custumer come le marchant, adjuggez de forfaire toutz ses biens et chateux, come ils forferoient en cas de felonie; et q'ils, et chescun de eux, aient prisonement de trois ans: a durer par trois ans proscheinz ensuantz apres le fest de Seint Hillary prochein avenir. May it please your royal majesty, by the advice of your lords spiritual and temporal assembled in this present parliament, and by the authority of the same parliament, to grant and ordain that if any customs officer seals any such blank roll with the seal assigned to his office, or if any merchant enters or writs, or causes his goods and merchandise to be entered or written on such a blank roll or charter thus sealed in order to defraud our lord the king of his customs duties and subsidies, then let both the same customs officer and the merchant be adjudged to forfeit all his goods and chattels as he would forfeit in a case of felony; and that they, and each of them, shall be imprisoned for three years: to last for the next three years after the next feast of St Hilary [13 January 1434].
Le roy le voet. (fn. iv-419-702-1) The king wills it. (fn. iv-419-702-1)
XXVII. [Prisoners and hostages.] XXVII. [Prisoners and hostages.]
68. < Prisoners, ostage. > Item, priount les communes: that all manere of men, adversaries unto oure soverayne lord the kyng, as wele prisoners or prisoner, ostages or ostage, as other, beyng as wele withinne the citee of London, as in other places withinne this roialme at large, withouten any saufcondit of oure sovereigne lord the kyng with hym, or keper Englisshe, that hit be lawefull unto every liege man unto oure sovereigne lord the kyng, by auctoritee of this present parliament, them, and everich of them soo yfounde being at large, to areste, and them, and iche of them, to take as for his prisoner them, and ony of hem so take, to be putt by theire takers or taker, to fyn and raunson; wherof oure sovereigne lord the kyng to have the halfe, and the takers or taker the tother half; al manere prisoners or prisoner, ostages or ostage, unto oure sovereigne lord the kyng longyng or perteignyng except: consideryng that all manere prisoners or prisoner, ostages or ostage Englisshe, beyng in Fraunce, in the hondes of oure partie adversarie, in eny wise founde at large oute of their oost, be take as prisoners, and for to be putt to newe fyn and raunson: alwey forfeyne, that this said ordinaunce begynne at the fest of Candelmesse next folowyng, and not before, to endure fro the said fest of Candelmesse, be the space of .iij. yhere. 68. Prisoners and hostages. Item, the commons pray: whereas all kinds of men who are enemies of our sovereign lord the king, both prisoners or prisoner, hostages or hostage, and others who are at large both in the city of London and in other places within this realm without having any safe-conduct of our sovereign lord the king with him, or English guard, that it shall be lawful for every liegeman of our sovereign lord the king, by the authority of this present parliament, to arrest them and each of them thus found at large, and to take them and each of them his prisoner, and any of them so taken, to be put by their takers or taker to fine and ransom, of which our sovereign lord the king shall have one half and the takers or taker the other half, except for all kinds of prisoners or prisoner, hostages or hostage belonging or pertaining to our sovereign lord the king: considering that all kinds of English prisoners or prisoner, hostages or hostage who are in France in the hands of our enemy who are found at large in any way away from their host are taken prisoner and put to new fine and ransom: saving always that this said ordinance shall begin at the next feast of Candlemas [2 February 1434] and not before, to endure from the said feast of Candlemas for a period of three years [1437].
Le roy purveiera resonablement en ceo cas, par advys de son counseill. (fn. iv-419-707-1) The king will provide reasonably for this matter by the advice of his council. (fn. iv-419-707-1)
XXVIII. [Assurances made in parliaments.] XXVIII. [Assurances made in parliaments.]
69. < Assuraunce, etc. > Proiunt les communes: qe please a nostre seignur le roy de considerer, qe le assurance a luy faitz, par ses seignurs, chivalers des countees, citezeins et burgeys, [p. iv-456][col. a] venuz a ycest parliament par son auctoritee, en mesme le parlement fait, este necessarie et profitable a toutz ses lieges et subgettes en cest roialme. Et sur ceo d'ordeigner par auctorite de parliament, [qe les seignurs en cest parliament] esteantz nient assurez, facent semblablez [...] assurances come autres seignurs ount fait. Et qe les seignurs qe ne sount presentez nient assurez, soient faitz devaunt nostre seignur le roy ou son counseill, defaire semblable assurance. Et qe les chivalers des countees, venuz a dit parliament par l'auctorite suisdit, facent liveree par lour billes endentez al chaunceller d'Engleterre, les nouns de tieux persones des countees pur queux ils veignont al parliament, come lour semblera expedient, d'estre ensurez de garder le article le quell les ditz seignurs, chivalers, citezeins, et burgeses sount ensurez de garder. Et qe sur ceo, nostre seignur le roy mande en chescun countee d'Engleterre, ses commissions a estre a dressez as seignurs temporelx et diosisan de mesmes les countees, et a les chivalers des ditz countees, a cest parlement venuz par auctoritee de roy, chescun chivaler pur le countee pur qi il est venue; < issint > qe les nouns ensy deliverez al chaunceller, ensemblement ovesqe la dit article, soient especialment nommez et rehercez en les ditz commissions. Et qe les ditz commissioners aient pleine poiar par auctoritee suisdit, de maunder lour garrantz as viscountz, eux chargeantz de part le roy, et sur certeine peine en les ditz garrantz par eux a limiter, a nostre seignur le roy pur estre forfaitz, s'ils ent facent le contrarie; de proclamer en les proschein countees apres lez garrantz a eux deliverez, qe les persones en les ditz garrantz nommez, comparent devaunt les ditz commissioners, al jour en le dit garrant especifiez, qe serra au meyns tres saymayns apres les ditz countees; c'est assavoir, chescun chivaler sur peine de .xl.li., chescun esquier sur peyne de .xx.li., et chescun yoman sur peyne de .x.li., et sur autres persones par lour discretion; les ditz commissioners aient pleyne poair eux a demaunder de comparere devaunt eux a dit jour, sur peine de forfaiture de les ditz peynes, s'ils ne appiergent mye. Et s'ils appiergent devaunt eux, qe adonqes ils les facent jurer sur les seyntz evangelises, de garder les ditz articles; et ceux que refusent de jurrer devaunt, soit il chivaler, esquier ou yoman, ou autre persone, perdent les peynes sur eux assis, come desuis est dit. Et eient les ditz commissioners poair de faire jurrer devaunt eux semblablement toutz persones devaunt eux esteantz a dit jour, coment q'ils ne soient comprisez deinz les ditz garrantz, sur certeins peines par les ditz commissioners par lour discretion a estre limitez, et a nostre seignur le roy forfaitz, s'ils refusent de jurrer. Et qe les ditz commissioners apres tielx serementes jurrez, facent certifier devaunt nostre seignur le roy en son chancellarie, les nouns de ceux qe sount ensy ensurez, deinz trois moys apres tielx seurementes prisez; a fyne qe lour nouns soient de recorde en la dit chauncellarie, et q'ils pur icell cause pluis tost veullent eschuer en ascun manere le dit article de countrevener. Et qe le mair de Loundres, viscountz, et les aldermans de mesme la citee, soient faitz venir devaunt nostre seignur le roy en son chauncellarie, sur certeine peyne par le dit chaunceller a estre limitez, et a nostre seignur le roy forfaitz, s'ils n'appiergent en la dit chauncellarie a jour a limitier; et s'ils appiergent, qe le dit chaunceller adonqes [eux facent] jurrer sur les ditz evaungelises, de garder le dit article. Et s'ils refusent de jurrer, donqees ils forfacent envers nostre seignur le roy, tieux peynes come par le dit chaunceller sur eux serroit mys. Et qe le dit chaunceller entree lour nouns et serementes en la dit chauncellarie: apres quelles surementez faitz, soient commissions faitz all mair, et as chivalers venuz all parlement pur la dite citee, pur prendre tiel surement come devaunt est dit par lour discretion, des enhabitauntz deinz les ditz citees, et de eux fair [venir] devaunt eux, sur peynes par eux a limitierz, et a nostre seignur le roy forfaire, s'ils ne appiergent [col. b] devaunt eux, ou refusant d'estre jurrez, come devaunt est dit; et certifient les nouns de ceux qe serrount jurrez, ove lour seurementes, en la dit chauncellarie, come desuis est dit. Et qe les ditz commissioners, en chescun countee d'Engleterre hors de Loundres, aient poair de faire venir devaunt eux, sur certein peyne par eux a estre a limiter, les mairs l'ou sount mairs, et baillifs l'ou mairs ne sount, de comparere devaunt eux, et eux faire seurementes come avaunt este declare, et lour nouns et seurmentes certifier come desuis en la dit chauncellarie; apres quell certificat, soient commissions directz severalment as ditz mairs et baillifs, pur prendre autielx seurementes des citezeins et burgeys des citees et burghs come lour semblera lour discretion, aient poair de eux faire venir devaunt eux, et certifier en la chauncellarie, come desuis est dit. Et qe le chaunceller et les procutours de Oxenford, soient faitz venir devaunt nostre seignur le roy en son chauncellarie par briefs, sur certeyns peynes en icelles contenuz, par le chaunceller d'Engleterre a limiterz, de comparer devaunt nostre seignur le roy en son chauncerie, illeoqes de jurrer en la fourme avauntdit. Et s'ils n'appiergent a jour en les ditz briefs contenuz, forfacent ils envers nostre seignur le roy, ou refusent de jurrer s'ils appiergent, forfacent ils mesme la peyne; et soient lour nouns et seurementes entreez de recorde en la dit chauncellarie. Et apres tielx seurementes faitz, soient commissions all justices de pees en le countee d'Oxenford, et au chaunceller du dit ville faitz, affaire venir devaunt eux tielx clerkes, come lour semblera par lour discretion, de faire atieux seurementes, sur certeynes peines par lour discretions, et ensy de certifier come devaunt. Et qe semblable commission soit fait as ditz justices de pees, et le mair du dit ville, pur prendre tielx seurementes des layes gentz de dit ville, et de eux faire venir devaunt eux, sur peynes par eux a limitierz, et d'estre forfaitz come desuis, et de les faire jurrer et certifier, come devaunt est dit. Et qe autielx commissions soient faitz al justices de pees deinz la ville de Cantebrigge, et chaunceller, et le mair de mesme la ville, de prendre tielx seurementes des clerks et laies gentz de dit ville, et de eux faire de comparer devaunt eux et jurrer, sur peines par eux a limitierz, pur le dit article garder, et les nouns des jurrez et lour seurementes en la chauncellarie certifier, come devaunt est dit. Et qe le chaunceller de dit ville et les proctours, soient faitz venir devaunt nostre seignur le roy en son chauncellarie, pur faire lour serementes, le manere et fourme come le chaunceller et proctours d'Oxenford serroit. Et pur ceo, qe les Cynk Portes ove les membres est lieu previlegies, ou les briefs de roy ne courgent, soient commissions directez al gardeins des ditz portes ou a son lieutenaunt, de prendre semblable serementes des mairs et baillifs des villes deinz les ditz Cynk Portes. Et qe les ditz commissioners ou commissioner, aient ou ait poair de maunder preceptz soubz lour sealx, directez as mairs et baillifs, pur comparer devaunt eux ou un de eux, as jours et lieux en les ditz preceptz especifiez, sur peines en icelles par les ditz commissioners ou commissioner a estre a limiter, et a nostre seignur le roy a estre forfetez, s'ils n'apiergent as ditz lieux et jours. Et s'ils appiergent et refusent de jurrer, adonqes forfacent ils envers nostre seignur le roy les ditz peines. Et qe les ditz commissioners ou commissioner, eient ou eit poair de faire garrantz soubz lour seale ou lour sealx, apres les ditz serementes prisez, as ditz mairs et baillifs severalment, joynaunt ovesqe eux en les ditz garrantz, en chescun ville deinz les ditz Cynk Portes, [une venuz a ycest parlement] par auctorite de roy, pur prendre atieux serementes par lour discretion, de ceux qe demurront deinz les ditz villes. Et q'ils facent overte proclamation en les jours de marches [proscheins apres] les ditz garrantz a eux deliverez, qe les persones des ditz villes tielx come lour semblera, comparent devaunt eux, as lieux et jours en les ditz proclamations contenuz, [p. iv-457][col. a] sur certeinz [peines a] eux a limitierz, et a nostre seignur le roy forfaitz, s'ils ne appiergent devaunt eux; et s'ils appiergent, et refusent de jurrer, forfacent ils auxi mesmes les peines, come desuis est dit. Et certifient [les] mairs, baillifs, et ceux des villes a ycest parliament venuz, et en les ditz garrantz nommez, as ditz [commissioner] ou commissioners, les nouns des jurres devaunt eux. Et issint qe les ditz commissioners ou commissioner, certifient ou certifie devaunt nostre seignur le roy en son chauncellarie, deinz trois moys apres les ditz serementes prisez, les nouns de toutz les jurres avauntditz. Et qe commission soit fait a lieutenaunt et chamberleyn de Chestre, de faire venir devaunt eux, toutz et tielx persones deinz le countee de Chestre, come semblera a lour discretions bosoignables, d'estre jurres pur garder le dit article; et q'ils facent proclamer en le countee proschein a tenir apres le dit commission a eux delivere, qe les ditz persones comparent devaunt eux al jours par eux estre limitez, sur certein peine par eux a nommer, a nostre seignur le roy a estre forfaitz, s'ils ne appiergent al dit jour. Et s'ils appiergent a dit jour, et refusent d'estre jurres pur garder [col. b] le dit article, q'ils forfacent a nostre seignur le roy les peines suisditz. Et qe les ditz commissioners, apres tielx serementes par eux prisez, certifient les nouns de eux qe serront jurrez, devaunt nostre seignur le roy en son chauncellarie, deinz trois moys apres les ditz serementes ensy prisez: purveu qe null qe ad fait assurance en cest parliament, soit compelle de faire novell serementes. Et qe cest ordinaunce quant al poair des commissioners, endure tan qe all fest de Seynt Michell, qe serra l'an de grace .mccccxxxiiij. et nemye apres. Et qe paraillement toutz ceux qe ount fraunchise du roy, qe null officer ou ministre du roy, entrera les lieux de lour fraunchises pur y faire execution de lour offices ou briefs du roy, aient commissions de faire venir devaunt eux, tielx qe lour semblera, a certein jour sur certein peine par eux a limiter, pur jurrer le dit article, et s'ils ne veignent mye, ou refusent de jurrer le dit article, forfacent la dit peine; et soient tenuz de certifier les nouns en la chauncellarie, come devaunt est dit. 69. Assurances, etc. The commons pray: may it please our lord the king to consider that the assurance given to him by his lords, knights of the counties, citizens and burgesses [p. iv-456][col. a] who have come to this parliament by his authority, given in the same parliament, has been necessary and advantageous for all his lieges and subjects in this realm. And thereupon to ordain by the authority of parliament that the lords in this parliament who have not given assurances should give assurances similar to those which the other lords have given. And that the absent lords who have not given assurances should come before our lord the king or his council to give similar assurance. And that the knights of the counties who have come to the said parliament by the aforesaid authority should hand over by their indented bills to the chancellor of England the names of such persons from the counties for which they have come to parliament, as will seem expedient to them, to be sworn to observe the article which the said lords, knights, citizens and burgesses have given assurance to observe. And thereupon, that our lord the king shall command in every county of England his commissions to be addressed to the lords temporal and the diocesan of the same counties and to the knights of the said counties who have come to this parliament by the king's authority, every knight for the county for which he has come; so that the names thus delivered to the chancellor, together with the said article, shall be specifically named and set out in the said commissions. And that the said commissioners shall have full power by the aforesaid authority to hand over their warrants to the sheriffs, having commanded them on behalf of the king and upon a certain penalty to be stipulated in the said warrants to be forfeited to our lord the king if they do the contrary; to proclaim in the next county courts after the warrants have been delivered to them that the persons named on the said warrants shall come before the said commissioners on a day specified in the said warrant which will be at least three weeks after the said county courts; that is to say, every knight on pain of £40, every esquire on pain of £20, and every yeoman on pain of £10, and on other persons at their discretion; the said commissioners having full power to order them to come before them on the said day on pain of forfeiture of the said penalties if they do not appear. And if they appear before them that they shall then cause them to swear on the holy gospels to observe the said articles, and those who refuse to swear before [them], whether he be knight, esquire or yeoman, or other person, shall forfeit the penalties laid down for them, as is said above. And the said commissioners shall have power similarly to cause all persons who have come before them on the said day to swear, even though they are not mentioned in the said warrants, upon certain penalties to be stipulated by the said commissioners at their discretion, and forfeited to our lord the king if they refuse to swear. And that after such oaths have been sworn the said commissioners shall cause to certify before our lord the king in his chancery the names of those who are thus sworn within three months after such oaths have been taken; to the end that their names shall be on record in the said chancery and for that reason they will the sooner stop contravening the said article in any way. And that the mayor of London, sheriffs, and the aldermen of the same city shall be caused to come before our lord the king in his chancery, upon a certain penalty to be stipulated by the said chancellor, and forfeited to our lord the king if they do not appear in the said chancery on the day to be specified; and if they appear, that then the said chancellor shall cause them to swear on the said gospels to observe the said article. And if they refuse to swear then they shall forfeit towards our lord the king such penalties as shall be placed on them by the said chancellor. And that the said chancellor shall record their names and oaths in the said chancery: after which oaths have been made, commissions shall be issued to the mayor and to the knights who come to parliament for the said city in order to receive such an oath as is said above at their discretion from the inhabitants of the said cities, and to cause them to come before them upon penalties to be specified by them, and forfeited to our lord the king if they doe not appear [col. b] before them, or refuse to be sworn, as is said above; and they shall certify the names of those who will be sworn, with their oaths, in the said chancery, as is said above. And that the said commissioners in every county of England outside London shall have power to cause to come before them upon a certain penalty to be stipulated by them the mayors where there are mayors, and bailiffs where there are not mayors, to appear before them and to make their oaths, as has been declared above, and certify their names in the said chancery, as above; after which certification, commissions shall be addressed separately to the said mayors and bailiffs in order to receive such oaths from the citizens and burgesses of the cities and boroughs according to their discretion, having power to cause them to come before them and certify in the chancery, as is said above. And that the chancellor and the proctors of Oxford shall be made to come before our lord the king in his chancery by writs upon certain penalties contained in them to be stiplulated by the chancellor of England, to appear before our lord the king in his chancery, to swear there in the aforesaid form. And if they do not appear on the day specified in the said writs, or refuse to swear if they appear, they shall forfeit the same penalty towards or lord the king, and their names and oaths shall be entered on record in the said chancery. And after such oaths have been made, commissions shall be issued to the justices of the peace in the county of Oxford and to the chancellor of the said town to cause to come before them such clerks according to their discretion to make similar oaths upon certain penalties at their discretion, and then to certify, as above. And that a similar commission shall be isued to the said justices of the peace and the mayor of the said town in order to receive such oaths from the lay people of the said town, and to cause them to come before them upon penalties to be stipulated by them and to be forfeited as above, and to cause them to swear and certify, as is said above. And that similar commissions shall be issued to the justices of the peace in the town of Cambridge, and the chancellor and the mayor of the said town, to receive such oaths from the clerks and lay people of the said town, and to cause them to come before them and swear upon penalties to be stipulated by them in order to observe the said article, and to certify the names of the sworn and their oaths in the chancery, as is said above. And that the chancellor of the said town and the proctors shall be caused to come before our lord the king in his chancery in order to make their oaths, in the manner and form which the chancellor and proctors of Oxford shall do. And because the Cinque Ports with their members constitute a privileged place where the king's writs do not run, commissions shall be addressed to the wardens of the said ports or to their lieutenant to receive similar oaths from the mayors and bailiffs of the towns within the said Cinque Ports. And that the said commissioners or commissioner shall have power to order precepts under their seals addressed to the mayors and bailiffs to come before them or one of them at the times and places specified in the said precepts, upon penalties to be stipulated in them by the said commissioners or commissioner, and to be forfeited to our lord the king if they do not appear at the said places and times. And if they appear and refuse to swear then they shall forfeit the said penalties towards our lord the king. And that the said commissioners or commissioner shall have power to issue warrants under their seal or their seals after the said oaths have been received separately to the said mayors and bailiffs, joining with them in the said warrants in every town in the said Cinque Ports one who came to this parliament by the king's authority, in order to receive similar oaths at their discretion from those who dwell in the said towns. And that they shall make public proclamation on the market days after the said warrants have been delivered to them that such persons from the said towns shall come before them at the places and times contained in the said proclamations, [p. iv-457][col. a] upon certain penalties to be stipulated by them, and to be forfeited to our lord the king if they do not appear before them; and if they appear and refuse to swear, they too shall forfeit the same penalties, as is said above. And the mayors, bailiffs and those from the towns who came to this parliament, and who are named in the said warrants, shall certify to the said commissioner or commissioners the names of those sworn before them, so that the said commissioners or commissioner can certify the names of all the aforesaid sworn people before our lord the king in his chancery within three months after the said oaths have been received. And that a commission shall be issued to the lieutenant and chamberlain of Chester to cause to come before them each and every person in Cheshire as seems necessary according to their discretion to be sworn to observe the said article; and that they shall make proclamation in the next county court to be held after the said commission is delivered to them that the said persons shall come before them on the days to be specified by them, upon a certain penalty to be named by them to be forfeited to our lord the king if they do not appear on the said day. And if they appear on the said day and refuse to be sworn to observe [col. b] the said article, then they shall forfeit the aforesaid penalties to our lord the king. And that the said commissioners, after such oaths have been taken by them, shall certify the names of those who are sworn before our lord the king in his chancery within three months after the said oaths have thus been received, provided that no-one who has given assurance in this parliament shall be compelled to make new oaths. And that this ordinance, as regards the power of the commissioners, shall last until Michaelmas [29 September], which will be the year of grace 1434, and not later. And similarly that all those who hold a franchise of the king, where no king's officer or official may enter the places of their franchises in order to make execution there of their offices or king's writs, shall have commissions to cause to come before them such persons according to their discretion on a certain day in order to swear the said article, upon a certain penalty to be stipulated by them, and if they do not come or if they refuse to swear the said article, they shall forfeit the said penalty, and they shall be bound to certify their names in the chancery, as is said above.
Le roy le voet. The king wills it.

Appendix 1433

Westminster

8 July - 13 August

13 October - c. 18 December

1

Petition by William Dallyng against William Paston

Petition to the right sage and wise commons of this present parliament that where every justice of the king is sworn that he should take no fees or reward to give council to any man but only our sovereign lord the king, and thereto is sworn, and there is one William Paston, one of the justices of our sovereign lord in the Common Pleas who takes fees and reward.

The above passage is deleted, and replaced by:

Petition to the commons of the present parliament that William Paston, one of the justices of our sovereign lord the king, takes various fees and rewards from various persons within the shire of Norfolk and Suffolk, and is retained on every matter in the said counties, that is to say, by the town of Yarmouth at 1 s yearly, by the Abbot of St Benet 26 s 8d, by the prior of Saint Faiths 20s, and of the prior of Norwich 40 s , and by the prior of Penteney 20 s , and of by the town of Lynn 40 s , and by the prior of Walsingham 20 s , and by Katherine Shelton 10 marks, against the king to give them counsel to destroy the right of the king and his ward, that is to say Ralph, son and heir of John Shelton.

Dorse: (In Latin) False bill of William Dallyng to the parliament in the time when Henry Grey was sheriff, the next before the thirteenth year of King Henry VIth.

Source : British Library Additional MS 34,888, printed in N. Davis, Paston Letters and Papers of the Fifteenth Century , vol. 2 (Oxford, 1976), 508-9. Original in Middle English save on dorse. Henry Grey was sheriff in 1430 and 1434. The thirteenth year of Henry VI began on 1 September 1434. It is fairly certain, therefore, that this bill belongs to the parliament of 1433, although we cannot be too sure whether it was ever presented.

2

Grant by the king with the advice of the council that Margaret, late the wife of John Darcy, knight, be restored to possession of her lands currently in the custody of the king. It is noted that she had delivered a petition to the king and council in parliament showing that she held divers lands of her late husband in Ireland until it had been found by an inquisition before the late escheator there that she had died. It had been found by inspection of her person, she having appeared before the king and council in parliament, that she was not dead. It was also shown by production of letters patent of 12 July 1431, also produced before the king and council in parliament that she had her then husband, Thomas Swynford, had leave of absence from Ireland for her life. By king and council in parliament. Dated 8 July 1433.

Source : CPR 1429-36 , 283.

3

Pardon by advice and assent of the lords spiritual and temporal in the present parliament to John Beauchamp, lady Abergavenny, of the £1200 forfeited to her and to John Barton and others for her having been found by inquest to have incited William Lee and others to assault Thomas Peynton and others. By king and council in parliament. Dated 8 July 1433.

Source : CPR 1429-36 , 295.

4

Order to the sheriffs of London, Kent, Hampshire, Devon, Cornwall, Bristol, Norfolk and Suffolk, Lincoln, York, Newcastle, Somerset and Dorset, and the chancellor of the county palatine of Lancaster to cause proclamation to be made of a statute made in the parliament of 1353 that all merchants native and alien may sell wool, woolfells, hides and lead throughout his realm and lands so long as they bring it to the staple and that no merchant of England, Ireland and Wales take any wool, hides, woolfells, or lead out of his realm and lands. By king and council in parliament. Dated 16 August 1433.

Source : CCR 1429-35 , 246.

5

Order to the sheriff of Lincoln to cause proclamation to be made of certain statutes and ordinances for the ruling and punishment of buyers and purveyors of victuals, observance of measures and weights, prevention and punishment of routs and riots prohibition of liveries of raiment and justification of craftsmen, labourers, servants and victualler, whereof for their greater peace and advantage the commons in the last parliament did instantly crave the publication and the king is sending the same in form of patent. Dated 4 January 1434.

Source : CCR 1429-35 , 315.

6

Order to sheriffs of counties to cause the names of such persons in their counties as to them shall seem fit to be sworn to observe what the lords, knights, citizens and burgesses in the last parliament were sworn to observe, to be delivered to the chancellor a month after Easter by their bills indented, that the king may deal further to take their oaths according to an ordinance made in that parliament at the special request of the commons that knights of the shire coming thither by authority of the king should cause the names of such persons to be so delivered. Dated 20 January 1434.

Source : CCR 1429-35 , 270-1.

7

Commissioners appointed to treat with groups in counties for loans with security as in act made in last parliament out of grants made in last parliament and other royal revenues. Dated 26 February 1434.

Source : CPR 1429-36 , 353.

8

Grant by the advice of the council pursuant to an act of the parliament held at Westminster on 8 July 1433 (Parliament of 1433, item 22) that Robert Ogle knight captain of Roxburgh should be repaid £800 which he has lent to the king for the defence of the realm from the clerical subsidy granted by the clergy of the province of Canterbury. Dated 23 April 1434.

Source : CPR 1429-36 , 339.

9

Commission pursuant to act of the previous parliament (Parliament of 1433, item 69) to the knights of the shire in each of the counties that they issue their warrant to the sheriff for proclamation in the next court of the county that the following whose names have been certified into chancery by the said knights of the shire as those of persons who should take the oath not to maintain peace breakers, referred to in the said should appear before the said commissioners and take the said oath. There follow like orders to others including the constable of Dover, bishop of Durham, mayor of Oxford and Cambridge etc. Dated 1 May 1434.

Source : CPR 1429-36 , 370-413.

10

Grant pursuant to an act of the last parliament (Parliament of 1433, item 22) that those who have lent the king money for the defence of the realm be repaid from customs, and other royal revenues between Martinmas next and the festival next following, reserving 10,000 marks for the household and 3000 for the chamber wardrobe and works. Dated 9 July 1435.

Source : CPR 1429-36 , 466-8.

11

Grant to the king's sergeant Roger Hunt of £200 out of the subsidies of tonnage and poundage in the port of London. He had been elected speaker of the parliament of 11 Henry VI by the commonalty and confirmed in that office by the king, but was also appointed sheriff of Cambridge and Huntingdon by the king, his noble uncles and by the cardinal of England. He made petition for divers reasons, one being that sheriffs of those counties suffered great losses in the office, to the king on various occasions by the mouth of John Tyrell knight then one of the commonalty, that he might be discharged from the office of sheriff, but the king willed that he should not be so discharged lest other men should obtain precedent thereby. So the chancellor with others of the council in parliament intimated to the petitioners that the king would provide for any loss of his private goods. Whereupon he held the office for two years and lost £160 in addition to his costs of £40, for which he is indebted, so now he is given compensation. Dated 27 February 1442.

Source : CPR 1441-6 , 150.

12

Petition to the king by the abbot and convent of St Mary's York concerning an attack on their lands by the commoners of the forest of Galtres. They request that the matter be referred to the council. There follows a judgment in their favour.

Source : PRO SC 8/140/6996, with judgement at C49/21/22, printed in full in RP , IV.458-9.

13

Decision of the king with the assent of the lords and commons to grant to Queen Katherine letters patent according to a schedule which follows. The schedule refers to letters granted on 20 October 1423 with the assent of the lords and commons in parliament (Parliament of 1423, item 19). The current schedule clarifies some points in these letters.

Endorsed: The commons assent to this bill. Reply is given that it should be granted as requested.

Source : PRO SC 8/119/5933, printed in full in RP , iv.459-60. See CPR 1429-36 , 294. 8 July 1433. Grant by the assent of the lords spiritual and temporal and of the commonalty of England in the present parliament to Queen Catherine amending misdescriptions of her grant of dower made on 20 October 1423. By petition in parliament. The petition is no doubt that (in French) first heard by the council on 14 [] 11 Henry VI (1433) printed in POPC , IV.179-80 which asks that these matters be referred 'to your next parliament so that the said articles and words can be by you (i.e. the council) and by the assent of your parliament more plainly and clearly expressed and specified in your letters patent. See also PRO E 28/57/96 for the conciliar decision reciting this petition.

14

Request that the duke of Bedford be granted letters patent according to a schedule attached. This concerns the grant to him of the honour of Richmond.

Endorsed: Let it be sent to the king. Reply is given that it should be granted as requested.

Source : PRO SC 8/95/4743B, with schedule at 4743A printed in full in RP , IV.460-1.

15

Petition to the king by John, duke of Bedford, noting that on 29 November 1414 Henry V had granted his brother the reversion of the castle, earldom, honour and lordship of Richmond which Ralph, earl of Westmorland held for his life and which John, duke of Brittany had held, and all the appurtenances of the same, with certain exceptions granted to others, requesting that he receive compensation for certain estates which had not passed into his hands from various sources and reversions. Grant is made with the advice and assent of the lords spiritual and temporal and the commons of the realm of England present in the current parliament.

Endorsed: The commons assent to this bill. Reply is given ordering the clarification of the difficulty over the value of various manors.

Source : PRO SC 8/95/4742 A and B, printed in full in RP , IV. 461-3. See also CPR 1429-36 , 297-8. 8 July 1433. Grant by the advice of the lords spiritual and temporal and of the commonalty of England in the present parliament to John duke of Bedford and his heirs male of his body the various manors in Somerset, Dorset and Wiltshire which William earl of Suffolk and Alice his wife hold, after the death of the said Alice. By petition in parliament.

16

Request that the king grant letters patent by the authority of the present parliament to the archbishop of Canterbury and his fellow feoffees of the duchy of Lancaster according to a schedule attached, and also for security concerning £3,000 which he has lent to the king.

Endorsed: The commons assent to this bill. Reply is given that it should be granted as requested.

Source : PRO SC 8/26/1287, with schedule at 1288, printed in full in RP , IV.463-4. See CPR 1429-36 , 294. undated. Whereas on 15 February last assignment was made of the customs and subsidies of the port of Southampton to the feoffees of Henry V of certain lands in the duchy of Lancaster, in part repayment of loans of £6,028 13 s 7 d , and whereas they have now lent the king in addition £1,000 out of the first profits of the said customs and subsidies and £2,000 out of the revenues of the said possessions, the king, by the advice and assent of the lords spiritual and temporal and of the commonalties of England in the present parliament has assigned to the said feoffees the said customs and subsidies in the port from Easter last until they be satisfied of repayment. By petition in parliament.

17

Petition to the king by John, duke of Bedford noting that at the parliament held at Leicester in May 1414 he had been summoned as earl of Kendal and duke of Bedford, titles granted to him for life. He now requests that these titles should be made hereditary.

Endorsed: The commons assent to this bill. Reply is given that it should be granted as requested.

Source : PRO SC 8/96/4755, printed in full in RP , IV.465. See also CPR 1429-36 , 297-8. 8 July 1433. Grant to him of the honour of earl of Kendal and duke of Bedford to self and heirs male in place of letters of Henry V 16 May 1414. By petition in parliament.

18

To the prior and convent of our church of Worcester. Well beloved in God, since the commons in this our present parliament, considering the closeness to us in blood that our well beloved cousin Thomas Bourgchier has, and the knowledge and skill that he demonstrates ('the connyng and witness that resten in his persone'), desired us openly in our said parliament to have him specially recommended to our church of Worcester which is now vacant by the death of Thomas, the last bishop. We, considering our commons good desire and request, and also the virtues and honest conversation that rests in the person of our said cousin and the closeness of his blood link with us, and willing for these reasons especially as well as for the good worship, well being and profit that he, if God wills, is likely to do for the church and also for us and our subjects, and especially those in the diocese of our said church of Worcester, desire and pray you heartily that in the election which you will be conducting to choose the next bishop, you will, at this special prayer, have our cousin specially recommended, whereby you should not only give distinctive profit and ease to the church but also have ourselves the more well disposed. Therefore, do this at your liking. And God. Etc. Given 22 November, in the twelfth year of Henry VI.

Source : British Library Cotton Titus E V, printed in POPC , IV, 183-4 and RP , V.435. It is noted on the dorse that letters under the privy seal were sent to the church of Worcester to promote Thomas's cause with the pope as well as to persons at the curia in Rome for the same purpose.

19

Petition to the king by Richard, duke of York, to whom by authority of the parliament held at Westminster in May 1432 (Parliament of 1432, item 25), livery of lands previously held by the earl of March had been given. He requests that the current parliament grant authority whereby tallies and debts incumbent upon these estates might be dealt with.

Reply is given that on 12 August 1433, by the king and council being at the parliament then held in Westminster, these matters were discussed and letters under the privy seal issued to deal with them

Source : PRO SC 8/26/1289, printed in full in RP , IV.465-6.

20

Petition by Humphrey, duke of Gloucester, Eleanor his wife and the prior and convent of the house of Jesus of Bethlehem at Sheen, that an exchange of lands in Greenwich, Kent might be permitted according to the schedule attached.

Endorsed: Let it be as is sought.

Source : PRO SC 8/116/5612A, with schedule at 5612B, printed in full in RP , IV.466.

21

Petition to the commons by the abbess and convent of Shrewsbury and by Robert Long, that they beseech the king and lords to allow letters of exchange according to the schedule attached.

Endorsed: Let it be as is sought, for reasonable fine and customary fee.

Source : PRO SC 8/26/1290, printed in full in RP , IV.466-7.

22

Petition to the commons by Thomas Denton, Laurence Cheyne, John Chaldwell, and Richard Foster that they might exchange with the prioress and nuns of the house of St Nicholas of Littlemore, Oxon., various rents and fisheries in Oxford for lands and fisheries in Ely and Thetford, according to a schedule attached.

Endorsed: Let it be as is sought, without taking fine for the sake of God as they are poor.

Source : PRO SC 8/26/1292 with schedule at 1291, printed in full in RP , IV.46-8. See CPR 1429-36 , 287. 8 July 1433. Licence by the advice of the lords spiritual and temporal and at the request of the commonalty of England in the present parliament for Thomas Coventre, Thomas Denton, Laurence Cheyne, John Chaldewll, clerk, and Richard Foster to grant in mortmain to the prioress and nuns of the church of St Nicholas Littlemore Oxon, 60s of yearly rent from lands in Oxford, in exchange for the lands held by the prioress and nuns in Barwey, Ely and Thetford to be granted to Thomas Coventre and his fellows, provided always that the bishop of Ely is not prejudiced by this grant. By petition in parliament and for God because they are poor.

23

Petition to the commons by the mayor, bailiffs and burgesses of Kingston upon Hull concerning their privileges initially granted by Edward I.

Endorsed: Let it be sent to the king.

Source : PRO SC 8/26/1294, printed in full in RP , IV.468. See CPR 1429-36 , 294. 8 July 1433. Grant by the advice and assent of the lords spiritual and temporal and at the special request of the commonalty of England in the present parliament that all the legacies of lands within the borough of Kingston upon Hull made since the date of letters patent of Edward I shall stand. By petition in parliament.

24

Petition to the commons by the keepers of the bridge at Rochester concerning the obligation of the abbess of Denny and the master of the hospital of Strood to contribute towards the maintenance of the bridge.

Endorsed: Let it be sent to the king.

Source : PRO SC 8/26/1293, printed in full in RP , IV.468.

25

Petition to the commons by Joan, countess of Westmorland, Richard, earl of Salisbury and other executors of Ralph Neville, earl of Westmorland, referring to a petition made by the same at the parliament held at Leicester in February 1426 (Parliament of 1426, Appendix item 6) and to continuing difficulties arising out of a suit which had been pursued between the king and the late earl.

On the dorse is noted that the petition was shown in the present parliament held at Westminster in July 1433, and discussed on 16 December with the assent of the lords in parliament, and judgment reached allowing the petition as it was sought.

Source : PRO SC 8/26/1295, printed in full in RP , IV.469-70. The records of the privy council also note the presentation of the petition to the commons and its endorsing in parliament on 16 December with the conditions then laid down ( POPC , IV.189-90). See also CCR 1429-35 , 322, 17 December 1433. Recognition of Ralph earl of Westmorland and William, lord Fauconberg to the king for £800 to be levied on their lands in Yorkshire on condition that Joan, countess of Westmorland and other executors of Ralph earl of Westmorland named in a petition by the commons presented in the parliament held at Westminster 8 July 1433 and by the authority of parliament committed to the council for the time being to hear and determine shall prosecute that petition before the council and if a judgement rendered in the late king's exchequer against the late earl shall be by the council affirmed that within one quarter of a year they will content the king for £800 thereby recovered against the said earl of or such sum as shall be by the council adjudged

26

Petition to the commons by the creditors of Edmund, late earl of March, on account of debts which remained unsettled at his death.

Endorsed: Let it be sent to the lords. Reply is given that administration of the earl's goods and chattels should be given to the archbishop of Canterbury, William Cantelow and James Faukes.

Source : PRO SC 8/26/1296 printed in full in RP , IV.470-1.

27

Petition to the commons by Sir Robert Shottesbrook concerning the grant of 50 marks per annum made to him by Henry V for service in France to be taken from the issues of the manor of Orston in Nottingham, over the payment of which by the Exchequer he had experienced difficulties.

Endorsed: let it be sent to the king. Reply is given that it should be as sought.

Source : PRO SC 8/26/1297, printed in full in RP , IV.471. See CPR 1429-36 , 297. 13 July 1433. It has been shown to the king and great council in the parliament last held at Westminster on behalf of Robert Shottesbroke, king's knight, that the king granted him 50 marks per annum out of the issues of the manor of Orston during the minority of Thomas, son of Thomas, lord Roos, and that the same Robert through negligence and innocence and lack of legal advice too the manor to farm from Lord Scrope treasurer of England, and prevented from the Exchequer from collecting his annuity. The king, by the advice of the lords spiritual and temporal in the said parliament and at the special instance of the commonalty of the same and in consideration of the grant of the manor at farm having been surrendered grants to the said Robert the said 50 marks.

28

Petition to the king and council by John de Leventhorp, esquire, over payment of an annuity granted by Henry V from Godmanchester given that the king had subsequently made a further grant of the fee farm of the town as a whole.

Reply is made in English that he should be allowed the annuity as well as the fee farm.

Source : PRO SC 8/121/6035 printed in full in RP , IV.472. For Leventhorp see HOC , III.591-4.

29

Request that the king by the advice of the council grant letters under the privy seal to Master Robert Burton, clerk, who had been sent by the clergy of England to the general council at Basle, according to the schedule attached, and also to grant letters of protection to his servants travelling in his company.

Reply is given that this petition be granted, on the advice of the lords in the parliament held at Westminster 8 July 1433.

Source : PRO SC 8/26/1299 printed in full in RP , IV.472-3.

30

Petition to the 'most noble wise and discrete person assembled in parliament for the common good of the kingdom' by John de Signorellis of Ferrara, master of medicine and native of Italy, who has come to England at the order of the duke of Gloucester, to be made denizen according to the schedule attached

Endorsed: The commons assented to this bill.

Source : PRO SC 8/26/1301, with schedule at 1300, printed in full in RP , IV.473. CPR 1429-36 , 294. 8 July 1433. Letters of denization, pursuant to an act of parliament, for Master John de Signorellis de Ferrara, born in Italy, physician of Humphrey, duke of Gloucester, and for the heirs of the body of the said John. By petition in parliament.

31

Petition in English to 'the noble and discrete council both spiritual and temporal' of the king by those who had served as soldiers of Calais that they might have their wages, lands and rents in Calais allowed to them.

Reply is given in English that the soldiers should have free disposition of their lands, rents and goods, but it is not intended thereby to give them licence to dwell within Calais.

Source : PRO SC 8/295/14733, printed in full in RP , IV.473.

32

Petition to the commons by Ralph Kynge and Isabel his wife concerning the latter's inheritance in Pembrokeshire.

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

Source : PRO SC 8/119/5935, printed in full in RP , IV.473-4.

33

Petition to the king that he might consider how Hamo Sutton of Lincoln, Nicolas Wotton of London, Richard Buckland of London, Richard Russell of York, Roger Knight of Lincoln and John Lowys of Boston, merchants of the staple at Calais, had lent to the king £2,918 12 s 10 d for the defence of the kingdom, and grant, by the authority of parliament, letters under the great seal concerning security for repayment according to a schedule attached.

Source : PRO SC 8/27/1302 printed in full in RP , IV.474-5. See CPR 1429-36 , 120. 18 June 1433. Appointment pursuant to act of last parliament to repay Nicholas Wotton and other merchants of staple £5351 6 s 8 d of loan.

34

Petition to the commons by William Warwick of Salisbury concerning the imprisonment of his servant, Walter Trenchville, in Brittany, having been sent there by his master to trade woollen cloth.

Endorsed: let it be sent to the lords. Reply is given that it was agreed by the lords at the request of the commons that letters under the privy seal should be sent to the duke of Brittany on the matter.

Source : PRO SC 8/27/1303, 1304, printed in full in RP , IV.475, printed in Anthology of Chancery English , 237-8. See CPR 1429-36 , 457, dated 20 May, 1435. Authority to all admirals, captains and controllers of ports to arrest any goods of the Lord of Mountaffylan, his tenants and servants in England, Jersey or Guernsey to the value of £300 on the petition by William Warwick of Salisbury, merchant, presented in the last parliament for letters of marque. The duke of Brittany has been applied to by both the petitioner and the king but has failed to give redress.

35

Included in the bundle of petitions to the parliament of 1433 is an incomplete petition from the town of Shrewsbury. This includes a schedule on the administrative and legal structures of the town, but there is no clear indication of the nature of the petition itself.

Source : PRO C 49/22/1, and C 49/22/3, printed in full in RP , IV.476-80. See note in Public Record Office copy of Rotuli Parliamentorum : 'apparently the fragment referred to is part of SC 8/139/6919. The major part of the petition has apparently been found since and the petition reunited. The schedule to which the fragment was attached and from which this transcript was made is now (March 1926) attached to C49 roll 22. C 49/22/1 consists of a complete duplicate of the petition differently endorsed and a fragmentary duplicate of the schedule'. See also Parliament of 1445, Appendix item 10.

36

Petition of the prior and convent of St Bartholmew Smithfield concerning their water supply.

Source : PRO SC 8/121/6034. See CPR 1429-36 , 296-7. 8 July 1433, grant by the advice and assent of the lords spiritual and temporal in the present parliament to prior and convent. By petition in parliament.

38

In the second session of the parliament the accounts of the Brewers' Company reveal payments 'for divers costes to yeve to divers persones of the parlement for to have viii bushel of clene malt for j quarter'. This was part of an effort to have legislation to establish proper measures for the malt which was used in brewing. Further entries show that this was unsuccessful. They were forced to meet after the parliament to redraft the bill which had been 'leid aside' by the parliament.

Source : M. Davies, 'Lobbying Parliament: the London companies in the fifteenth century', Parchment and People in the Middle Ages , ed. L. Clark (Parliamentary History 23, 2004), 140. See also Parliament of 1437, Appendix item 13.

Footnotes

  • int1433-1. 'Gregory's Chronicle', in Historical Collections of a London Citizen , 176, Chronicles of London , 135, Great Chronicle of London , 170-1.
  • int1433-2. Benet, 183. One of the knights of the shire for Dorset, Sir William Turberville, claimed to have delivered his writ for expenses to his sheriff on 8 December for 122 days' expenses (PRO E5/503). As Dorset MPs were commonly allowed four days travel in in going to and returning from the parliament, and we know that the first session of the parliament lasted 37 days, this would imply that the dissolution was around 20 December. However, if the writ was delivered to the sheriff on 8 December, it would imply Turberville had left Westminster around 5 December, which would argue for an earlier dissolution. Sir William Allington, one of the knights of the shire for Cambridgeshire, claimed to have delivered his writ de expensis to his sheriff on 3 December 1433 (PRO E13/140, m.41), which would support the earlier dissolution date, but his claim was also for 120 days, which would support a later date! I am grateful to Dr Hannes Kleineke for these references.
  • int1433-3. Harriss, Cardinal Beaufort , 227.
  • int1433-4. Other changes in officers and in the body of councillors are also seen as a result of Bedford's return; these included the appointment of the earl of Suffolk as steward of the household: Griffiths, Reign of Henry VI , 43. It is possible that Scrope was already suffering from ill health: he had to take the oath agreed in parliament in November in his own chamber (item 15).
  • int1433-5. RDP , IV.883-6, CCR 1429-35 , 244-5.
  • int1433-6. 'Attendance of the Episcopate', 64. I am indebted to Dr Linda Clark for information on the numbers of known MPS.
  • int1433-7. POPC , IV. 174.
  • int1433-8. RDP , IV.887.
  • int1433-9. CP , V.137.
  • int1433-10. Roskell, 'Problem of attendance', 186
  • int1433-11. Roskell, Commons and their Speakers , 208. HOC , III.455-9.
  • int1433-12. Rymer, Foedera , IV.iv.26.
  • int1433-13. POPC , IV. 175-6.
  • int1433-14. J. L. Kirby, 'The issues of the Lancastrian exchequer and Lord Cromwell's estimates of 1433', BIHR , 24 (1951), 121-51.
  • int1433-15. POPC , IV.189.
  • int1433-16. POPC , III.217-8.
  • int1433-17. These events and subsequent discussions were also recited at further discussions in council in June 1434, as arrangements for Bedford's return to France were settled: POPC , IV.219-20.
  • int1433-18. POPC , IV.185-6.
  • int1433-19. CFR 1430-37 , 185-8.
  • int1433-20. Griffiths, Reign of Henry VI , 117.
  • int1433-21. For appointment of collectors citing the parliamentary grant see CFR 1430-37 , 188-9 (10 November 1433), 233-4 (7 November 1434), 246-8 (1 October 1435).
  • int1433-22. For appointment of collectors citing the parliamentary grant see CFR 1430-37 , 178-80, 183-5 (10 November 1433), 217-8 (28 October 1434), 233-4 (7 November 1434), 273-4 (9 March 1436).
  • int1433-23. CPR 1429-36 , 288, 8 July 1433. By petition in parliament.
  • int1433-24. On 11 August the council ordered that he should have a £40 annuity from the Exchequer: POPC , IV.175.
  • int1433-25. CPR 1429-36 , 295, 8 July 1433. By king and council in parliament.
  • int1433-26. For the grant to burgesses of Poole to fortify their town, dated 8 July 1433 and mentioning the petition in parliament, CPR 1429-36 , 298. For the commons' amendment to the petition of the merchants for the substitution of Poole, see PRO C 49/21/6, which is the reply to SC 8/126/2655 from which it was detached in the mid nineteenth century. For Roger see HOC , IV.226-7.
  • int1433-27. POPC , IV.178-9.
  • int1433-28. POPC , IV.169-72.
  • int1433-29. HOC , i.148-9 for discussion, which also refers to petitions in the parliament of 1432. For the biography of Cheddar see HOC , II.537-8. I am grateful to Dr Linda Clark for these references.
  • int1433-30. POPC , IV.187-8.
  • int1433-31. POPC , IV.222-9, printed in RP , V.435-8.
  • int1433-32. A. R. Myers, 'Parliament 1422-1509', The English Parliament in the Middle Ages , ed. R. G. Davies and J. H. Denton (Manchester, 1981), 154.
  • int1433-33. POPC , IV.229.
  • iv-419-5-1. Psalm 72, 3.
  • iv-419-49-1. Parliament of 1429, item 27.
  • iv-419-108-1. PRO C49/21/1.
  • iv-419-113-1. PRO C49/21/2.
  • iv-419-118-1. PRO E175/4/1.
  • iv-419-121-1. PRO C49/21/3.
  • iv-419-454a-1. PRO SC8/121/6032, schedule at 6031.
  • iv-419-464a-1. PRO SC8/26/1276, schedule at 1277.
  • iv-419-475-1. PRO SC8/26/1278.
  • iv-419-478-1. Parliament of 1402, item 102; SR , II.140-1 (c. xxvi - c. xxxiv).
  • iv-419-478-2. This is an error for the ninth year. This matter was dealt with at the parliament of 1431, item 32.
  • iv-419-489-1. PRO SC8/26/1279.
  • iv-419-493-1. PRO SC8/88/4396.
  • iv-419-498-1. PRO SC8/26/1280, 130/6454.
  • iv-419-509-1. PRO C49/21/5.
  • iv-419-513-1. Parliament of (April) 1414, item 8.
  • iv-419-521-1. Parliament of (April) 1414, item 21.
  • iv-419-525-1. PRO SC8/145/7225.
  • iv-419-537-1. PRO SC8/126/6255, with the reply at C49/21/6.
  • iv-419-543-1. Parliament of 1432, item 52.
  • iv-419-555-1. PRO SC8/277/13830, printed in Anthology of Chancery English , 232-3; SR , II.278-9 (c. i).
  • iv-419-561-1. PRO SC8/26/1281, printed in Anthology of Chancery English , 235-6.
  • iv-419-567-1. PRO C49/21/7; SR , II.279 (c. ii).
  • iv-419-570-1. SR , II.134 (c. vii).
  • iv-419-572-1. SR , II.279-80 (c. iii).
  • iv-419-578-1. PRO SC8/128/6370.
  • iv-419-583-1. SR , II.280 (c. iv).
  • iv-419-590-1. SR , II.280 (c. v).
  • iv-419-595-1. PRO SC8/26/1283; SR , II.281 (c. vi).
  • iv-419-601-1. PRO C49/21/4.
  • iv-419-607-1. PRO SC8/26/1284.
  • iv-419-612-1. PRO C 49/21/8.
  • iv-419-615-1. Parliament of 1431, item 41; SR , II.266 (c. vii).
  • iv-419-618-1. SR , II.281-2 (c. vii).
  • iv-419-621-1. Parliament of 1413, item 42; SR , II.174 (c. x).
  • iv-419-621a-1. Parliament of 1429, item 36; SR , II.241-2 (c. v).
  • iv-419-624-1. SR , II.282-3 (c. viii).
  • iv-419-627-1. Parliament of (February) 1371, item 23.
  • iv-419-627-2. SR , I.393 (c. iii).
  • iv-419-630-1. PRO C49/21/9.
  • iv-419-633-1. Parliament of 1394, item 41; SR , II.88 (c. ii).
  • iv-419-633-2. Parliament of 1406, item 129; SR , II.154 (c. x).
  • iv-419-633-3. Parliament of 1410, item 49; SR , II.163-5 (c. vi).
  • iv-419-636-1. PRO C49/21/10; SR , II.284-5 (c. ix).
  • iv-419-639-1. 1327; SR , I.256, Statute 2 (c. xii).
  • iv-419-646-1. SR , II.178-9 (c. vi).
  • iv-419-650-1. PRO C49/21/11.
  • iv-419-656-1. PRO C49/21/12; SR , II.285-6 (c. x).
  • iv-419-659-1. Parliament of 1404, item 78.
  • iv-419-663-1. PRO C49/21/13, with reply C49/21/14; SR , II.286 (c. xi).
  • iv-419-669-1. PRO C49/21/16; SR , II.286-7 (c. xii).
  • iv-419-674a-1. PRO C49/21/17.
  • iv-419-677-1. Parliament of 1429, item 60; SR , II.254-5 (c. xiii).
  • iv-419-679-1. PRO C49/21/18; SR , II.287 (c. xiii).
  • iv-419-685-1. PRO C49/21/19; SR , II.287 (c. xiv).
  • iv-419-696-1. SR , II.288 (c. xv).
  • iv-419-702-1. PRO C49/21/20; SR , II.288 (c. xvi).
  • iv-419-707-1. PRO C49/21/21.