BHO

Henry VI: March 1453

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

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Citation:

In this section

1453 March

Introduction 1453

Reading

6 March - 28 March 1453

Westminster

25 April - 2 July 1453

Reading

12 November 1453

to prorogue to 11 February 1454

Reading

11 February 1454

to announce move to Westminster

Westminster

14 February 1454 - 16/18 April 1454

C 65/102, RP , V.227-271, SR , II.360-369)

C 65/102 is a roll of 27 membranes, each approximately 310mm in width, sewn together in chancery style, and numbered in a later hand. The condition of the roll is generally good, though membranes 27, 20, 19, 13 and 12 are stained with gallic acid, and a tear at the head of membrane 27 has been stitched. The text, written in an official chancery script, occupies the rectos of the membranes only; the dorses are blank apart from the contemporary heading, and later notes, 'Parliam' apud Redyng 6 die Marcii a o xxxi o ', where the membranes are joined. The lower halves of membranes 27, 22, 18, 14, 13, 11 and 9 are blank. Marginal headings are contemporary, apart from those added later to item numbers 21 and 55. Arabic numerals throughout the roll are later, but the Roman numerals are contemporary. The roll does not appear to be incomplete. The format of the roll is discussed later.

The parliament of 1453, in being for a total of fifty-five weeks, was the second longest of the reign of Henry VI's reign to date, opening on 6 March 1453 and closing on 17 April 1454. Like the longest parliament of the reign, that of 1445, the parliament of 1453 sat for less than half of its total duration - twenty-one weeks and four days. The first session, lasting only three weeks, was held at Reading in March. A prorogation for Easter was followed by a second session at Westminster for nine and a half weeks from 25 April to 2 July. A prorogation to 12 November was then made. Despite the commons making generous taxation grants in the first and second sessions to underwrite military activity, it proved impossible to hold on to Guienne. The English were defeated in battle at Castillon on 17 July 1453. It is possible that it was news of this disaster which brought on King Henry's debilitating stupor. The exact date of its onset is not clear but most likely occurred in early August. On 13 October 1453, Edward, prince of Wales, was born.

Parliament was due to reconvene at Reading on 12 November, but it was on that day prorogued further, to 11 February 1454, in the hope of the king's recovery. Richard, duke of York, who had been absent from the first two sessions of the parliament, was brought back onto the council in mid- November 1453. A few days later, Edmund Beaufort, duke of Somerset, who had dominated the king's government to this point, was committed to the Tower where he remained until late January-early February 1455, thus being absent from the parliamentary session of 1454. The parliament did reconvene in Reading on 11 February as planned but was immediately transferred to Westminster where it reopened on 14 February 1454. On 13 February, Richard, duke of York was given commission to hold parliament (item 24; Parliament of 1453, Appendix item 1). The king's incapacity continued to raise significant problems, which were finally resolved by York being chosen as protector by the lords on 27 March 1454, with formal appointment on 3 April. The final session and the parliament as a whole was brought to a close in mid April.

Many of these events are reflected in the roll, for instance, the creation of Henry's baby prince, Edward, as prince of Wales on 15 March 1454 (item 48), and the establishment of York's powers as protector (items 33-40). The roll gives a particularly acute insight into the problems facing a government, and indeed a parliament, when the king was incapacitated. In this context the parliament divides neatly into two phases, the first preceding the king's illness and the second dealing with the consequences of royal incapacity. No other parliament of the reign embraces what was tantamount to a change in regime, from the king and Somerset, to York and a council. The first seven membranes of the roll (27 to 21) are the proceedings of the first phase. Membrane 20 forms a point of transition since it begins with the enrolment of the prorogation of 2 July and the king's handing over of schedules signed by his own hand, but also contains the subsequent prorogations and appointment of a new speaker at the beginning of the final session. The next seven membranes (19 to 13) derive from the business of the last session and are in continuous form of entry, suggesting that they were compiled in one go. Membranes 12 and 11 contain the elevation in the first session of the king's half brothers and were therefore inserted in the final roll before three membranes concerning business from the last session (10-8). The next three (7 to 5) concern business of the first phase but have had a entry from the final session concerning Ralph, lord Cromwell added at the end of membrane 5. Common petitions, as in all parliaments, form a self-contained run for membranes from 4 to 1. The third petition (item 65), which dates to the final session, runs directly on from the first two petitions which date to the first phase (items 63 and 64) rather than starting a new membrane. Given the subject matter (the first two were attacks on the Yorkist group and the last an act of the duke's protectorate concerning magnate obedience), this is doubly surprising, but may be simply the result of economizing on parchment rather than a desire to emphasise continuity. As a result of its length and of its phases, the parliament saw a great deal of further business which was not enrolled. This includes a file of petitions and other acts now classified as C 49/32.

Given major political changes over the course of the parliament and the king's incapacity, we might have expected chroniclers to provide expansive treatment, but this is not the case. Giles' Chronicle, for instance, omits any mention of the parliament at all, but does note the king's incapacity and the fact that all the nobles of the realm elected York as protector. (fn. int1453-1) BL Vitellius A XVI notes the arrest of Somerset and the fact that York was made protector 'after Candlemas at the beginning of the parliament'. (fn. int1453-2) Benet provides a fuller account of the various sessions of the parliament, noting its commencement at Reading and the grant of troops and taxation, its transfer to London, its brief meeting at Reading in November and further prorogation. The transfer to London in February is also noted, as is York's protectorship. (fn. int1453-3)

The previous parliament had ended in late May 1451. Wolffe suggests that Henry's government was much the stronger for the concessions made there over resumption, and for the king's perambulations into southern counties over the summer of 1451. (fn. int1453-4) But the position in the overseas dominions remained parlous. Although Sir Richard Woodville, lord Rivers, had been appointed seneschal of Guienne on 18 October 1450, there were repeated delays in arranging for the crossing of himself and his troops. By 30 June 1451 Bordeaux had surrendered to the count of Dunois. As a result, Woodville's proposed expedition was finally cancelled in mid August 1451 and moneys raised for it were diverted to the defence of Calais, where there were continuing fears of French attack. (fn. int1453-5) On 26 January 1452 commissioners were appointed in Kent, Surrey and Sussex to negotiate loans, since it had been decided that the best measure would be for the king to cross to Calais in person with an army. The recourse to loans was on the grounds that, as the commission noted, 'it is not possible to convoke the three estates and commonalities of the realm to parliament'. (fn. int1453-6) It is interesting to speculate why a parliament was not summoned at this point. Perhaps the need for money was seen to be too urgent. On the same day that the commission for loans was issued, Woodville and others were appointed to arrest ships to resist the enemy and for the king's voyage to Calais. (fn. int1453-7)

Reinforcements were sent to Calais in June 1452, although the king never crossed in person. In the same month John Talbot, earl of Shrewsbury (d. July 1453), indented to serve with an army of 5,000 ' for the keeping of the sea in which journey he must perform great good': it is possible that the English at this stage were contemplating a new invasion of Normandy, which may have drawn the French away from an assault on Calais. Informed by intelligence that the inhabitants of Guienne were smarting at their new French masters, Shrewsbury was appointed lieutenant in Guienne on 2 September 1452, sailing there with his army in mid October. He immediately recovered Bordeaux and went on to re-establish control in the hinterland by the end of the year. Preparations were soon in hand for the sending of reinforcements. On 29 and 30 January 1453 Shrewsbury's son by his second marriage, John, viscount Lisle, and several others indented to cross with troops to serve for three months. Musters were fixed for 5 March. (fn. int1453-8)

The costs of the defence of Calais, the keeping of the sea and the reconquest of Guienne were considerable. The earl of Shrewsbury had had to impose heavy levies on the inhabitants of the areas which he recovered, and there was now a new expedition to fund. On 21 December 1452 commissioners for loans were appointed in thirty-one counties, at which point shipping was being arrested for the passage of reinforcements. The loans were to be raised as quickly as possible, and further efforts were made to raise money by letters sent to individuals under the privy seal, an arrangement which has been interpreted as obligatory aids legitimately demanded by the crown at a time of emergency. (fn. int1453-9) What was desperately needed was parliamentary taxation to repay these various loans as well as to sustain new military activities. There seems little doubt that the decision to call a parliament was largely influenced by this. Writs of summons were issued on 20 and 21 January 1453 for a meeting at Reading on 6 March. (fn. int1453-10)

Although the parliament roll gives only a vague indication of the purpose of assembly - no details of a sermon are provided and only the routine phrases of 'wise and sound governance and defence of the realm' are cited in the opening item - the fact that a lay subsidy was granted in the first session, along with a very generous extension to the trade taxes and a levy of troops, makes the link to military needs and plans even more apparent. Furthermore, by the beginning of 1453 the crown's taxation income needed some renewal. The last instalment of the lay subsidy voted in the parliament of February 1449 had been collected at Michaelmas 1452. The grants of tunnage and poundage and of the wool subsidy made at that same parliament were not due to expire until April 1454, but the tax on aliens had seen its final levy in 1452. The levy on incomes which had been agreed in the parliament of November 1449, and confirmed with amendments in that of November 1450, had yielded a disappointing return and was still not fully collected even in 1453. It must by now have been realised that the hope of gaining much more income from it was unlikely.

Much had happened in the political sphere since the previous parliament had closed in May 1451. Relations between the duke of York and the king had soured over the autumn of that year, fanned by an accusation against Sir William Oldhall, York's associate and speaker in the November 1450 parliament, that he had plotted to kill the king. In late November 1451, Oldhall took sanctuary in the church of St Martin le Grand in London. In late January 1452 the duke of Somerset, on behalf of the king, tried unsuccessfully to have Oldhall removed from sanctuary. Over the next month York began explicitly to accuse Somerset not only of failure to defend his current charge of Calais but also of culpability for the loss of Normandy and Guienne, adding that Somerset was also intent upon turning the king against York, and even of bringing about the latter's disinheritance. York now expressed his intention to have the duke of Somerset removed, by force if necessary. The denouement came through York's meeting with the king at Dartford in early March. Charges were certainly laid against Somerset, but these cut little ice with the king or the other lords. York was forced to make a public declaration to the king of his loyalty and future good behaviour, and his supporters to seek pardons. (fn. int1453-11) Over the summer the duke was confined to his estates whilst arbitration was attempted between himself and Somerset. Oldhall was finally indicted at Peterborough in November 1452 and at Hitchin on 19 March 1453, being outlawed at the beginning of the next month. As we shall see, he was attainted for treason in the second session of the parliament of 1453 (item 64).

By the time the parliament opened on 6 March 1453, therefore, the king, and his principal adviser, the duke of Somerset, were in a very strong position. The prospects of recovery in Guienne must have seemed considerable, and gave a further boost to a government already made more popular by the success of the resumption agreed in the previous parliament. As Wolffe puts it, the parliament of 1453 met 'in circumstances uniquely favourable to Henry', and was 'the most cooperative and generous one Henry ever met'. (fn. int1453-12) As for Somerset himself, his dominance was confirmed when the king granted him precedence over the duke of Norfolk in parliament (Parliament of 1453, Appendix item 37). The position of the king was no doubt further enhanced when the pregnancy of the queen became apparent.

In the writs issued on 20 and 21 January 1453 fourteen law officers were called upon. The names of 280 possible MPs are known, although this includes cases of one man being returned for more than one place. (fn. int1453-13) The total number of seats had been increased to 288 by the revival of the representation of Poole, Bramber, Steyning and Coventry. As Virgoe notes, 'not since 1447 had so many courtiers been returned to the commons'. (fn. int1453-14) At least sixty-one household men are known to have sat, 17101207254f the commons. Bale's Chronicle claims that at this parliament 'the commons took a displeasure because they were restrained from free election of the knights of the shire'. (fn. int1453-15) There is nothing in the roll on this, but it may be related to events in Suffolk. There, the duke of Norfolk had tried to put influence on the shire officials and local gentry to return his nominees, only to find that the sheriff manipulated the date of the election to ensure the return of men sympathetic to the court. This led to Norfolk petitioning the council on 27 May 1454, after the end of the parliament, against the sheriff's behaviour. (fn. int1453-16)

Twenty of the episcopate were summoned in person, with a writ also being sent to the keeper of the spiritualities of Coventry and Lichfield. By 26 March 1453, however, Reginald Boulers, translated from Hereford, had been granted the temporalities of Coventry and Lichfield. He was succeeded at Hereford by John Stanbury, translated from Bangor, who was also granted the temporalities of his new see on 26 March 1453. His successor in Bangor, James Blakedon, was translated in February 1453. Thomas Bekyngton, bishop of Bath and Wells, had been exempted on 18 June 1452 from coming to parliament on account of his age and infirmity but was permitted to send proctors. (fn. int1453-17) Twenty-seven abbots and priors were summoned, the same list as in 1450 with the addition of William Babington, abbot of Bury. The latter died around October 1453, and a successor was elected (Parliament of 1453, Appendix item 4).

As for lay lords, five dukes were summoned as in the previous parliament (York, Somerset, Norfolk, Buckingham and Exeter). But whereas for the parliament of 1450 nine earls were summoned, twelve were called in 1453. The nine summoned in 1453 and in 1450 were Northumberland, Salisbury, Westmorland, Devon, Arundel, Oxford, Worcester and Warwick, and Wiltshire. The last named had also become earl of Ormond after the death of his father on 23 August 1452, and during the second session of the parliament was appointed lieutenant in Ireland, replacing the duke of York. It is likely that his petition concerning the burial place of his father was dealt with at this same session (item 57). A summons was also issued to John Talbot, earl of Shrewsbury. His presence at the parliament is problematic. He was appointed a trier of petitions (item 4), yet is commonly believed to have remained in Guienne from his crossing in October 1452 to his death at the battle of Castillon on 17 July 1453. He was succeeded as earl by his eldest son, also called John, who was present at the last session of the parliament, where a petition was put forward by him to the commons concerning payment for his service in the keeping of the seas (item 61).

The two other new earls were the king's half brothers, Edmund Tudor, earl of Richmond, and Jasper Tudor, earl of Pembroke. Edmund, born around 1430, had been created earl on 23 November 1452. Jasper (born circa 1431) was probably elevated on the same date, and was certainly an earl by 20 January 1453 when the writs of summons were issued. (fn. int1453-18) These elevations were ratified in the roll of the parliament, with the relevant letters being dated by the first day of the parliament, 6 March 1453 (items 50-53). Griffiths suggests that there was a 'ceremony of ennoblement' held on the first day of the parliament but there is nothing in the roll to confirm this. (fn. int1453-19) As with other peerage creations noted in the rolls, the language deployed makes for interesting reading, with its emphasis on how it befits a monarch, in emulation of the divine majesty, to give each man his due deserts, and how personal virtue should be rewarded. In the case of Henry's half-brothers there is the additional stress on the memory of Queen Katherine and their close kinship with the king himself. Edmund Tudor married Margaret Beaufort, niece of the duke of Somerset, around March 1453, further enhancing the position of the duke.

Three viscounts were summoned. Two of these, Henry Bourgchier and John Beaumont had been summoned on many previous occasions. The fourth son of the earl of Shrewsbury, who had previously been summoned as John, lord Lisle, had been elevated to a viscountcy on 30 October 1451. (fn. int1453-20) He may have attended the first session, but he is known to have crossed to Guienne in early March, dying alongside his father at Castillon on 17 July 1453. There were thirty-six further lay peers summoned. There were only two changes from the previous parliament. George Neville, lord Latimer, who had not received a summons for the parliament of November 1450, did so on this occasion, although he is thought to have become a lunatic by June 1451. (fn. int1453-21) William, lord Fitzhugh had died on 22 October 1452. (fn. int1453-22) His son, Henry, was of age, but did not receive a summons to the parliament at the outset, he was in attendance by the final session. William, lord Lovel, born in 1397, received a summons but was exempted from further attendance on 17 May 1453 on account of his infirmities. (fn. int1453-23)

As ever, it is difficult to know which peers actually attended, especially given the number of sessions. It is extremely unlikely that York attended any part of the first or second sessions, (fn. int1453-24) and we have already noted the problem over the attendance of the first earl of Shrewsbury and his son, Viscount Lisle. There exist two lists of peers in a later hand which may relate to this parliament, being drawn up to reflect the seating order. But historians are not certain of the validity or dating of these lists. (fn. int1453-25) On 13 February 1454, the day before parliament reassembled, the duke of York was given commission to hold the parliament given the incapacity of the king. Twenty six lords were present to agree to this, ten diocesans and sixteen lay lords. The commission is mentioned on the roll (item 24) but the list of lords present is to be found in a chancery warrant (Parliament of 1453, Appendix item 1). When parliament reopened on 14 February, there was a disappointing level of attendance on the part of the lords. Roskell suggests that some 'had shown their reluctance to commit themselves personally by staying away from parliament altogether in this difficult time'. (fn. int1453-26) This explains the petition put forward on 28 February (item 46) complaining about the non-attendance of 'divers and mony Lordes of this land as well spiritual as temporal', and suggesting that fines should be levied from them. The source of this petition is not clear, but it presumably reflects the feeling of York and others that collective action was desperately needed in the light of the king's continuing incapacity. The petition was accepted and fines imposed on those who had not come to the session beginning on 14 February. These fines were levied according to rank, £100 for an archbishop or duke, 100 marks for a bishop or earl and £40 for an abbot or baron. Roskell makes two interesting observations: firstly, that these rates were similar to those proposed in the Modus tenendi parliamentum , and secondly that fines for non-attendance were common in Ireland where York had previously served as lieutenant.

Fines were imposed on three bishops, eighteen abbots and priors, and fifteen lay peers. (fn. int1453-27) Some exceptions were allowed, such as Somerset and Cobham who were at this point in prison, Rivers, Wells and Moleyns who were abroad on royal business, and Beaumont and St Armand who were in attendance on the king during his illness. Those who were absent because of infirmity were also liable to pay a fine although in such cases the level was to be set by the council. Thus on 24 May 1454, five weeks after the end of the parliament, the council decided on the reduced levels which were to be paid by a further three bishops, five abbots, and seven lay lords (Parliament of 1453, Appendix item 3). A petition to the king and council asks for a fine of £40 for non-attendance at parliament to be lifted on the grounds that the new abbot of Bury St Edmunds (John Boon) had been elected after the parliament had been summoned. This was agreed on 15 April 1454 'with the advice of the lords spiritual and temporal in the parliament of the king then congregated' (Parliament of 1453, Appendix item 4). The fine imposed on the abbot of Gloucester was allegedly also excused for the same reason. (fn. int1453-28) Lord Saye was initially fined, but on 29 May 1454 the exchequer was ordered to lift this fine on the grounds that he had not been absent at all 'but within the said time was with us and with other lords of our parliament present in the same'. (fn. int1453-29)

As we know the names of absentees, we can ascertain by process of elimination who might have been present in parliament at the end of February 1454, namely twelve diocesans, six abbots and priors, and twenty-seven lay lords, a total of forty-five out of the one hundred and five summoned. Roskell has noted that thirty-eight lords can be shown to have been present in parliament between 15 March and 16 April, and that the majority were members of the council, implying that the less involved peers were those who had stayed away. It is important to remember that the non-attendance of the lords was not particularly worse in 1454 than it had been on other occasions in the reign. What was significant was the strategy of fining to remind them of their duties.

There are some interesting observations to be made on attendance. The first is that ten who can be shown to be present in the final session were lay peers who do not seem to have received summons to the parliament at the outset. (fn. int1453-30) Two had been summoned to previous parliaments: William Neville, lord Fauconberg, who had not received summons since 1447, owing no doubt to his military commitments in France and on the Scottish border, and William Fiennes, lord Saye and Sele, who had been summoned in 1451 but who may have been serving at Calais in the meantime. Eight had neither been summoned to or appeared in parliament before: Richard Welles, lord Willoughby, the son of Leo, lord Welles and husband of Joan, daughter of Robert, lord Willoughby (the latter had died on 25 July 1452); Henry, lord Fitzhugh, whose father had died on 22 October 1452; Walter Devereux, lord Ferrers of Chartley, who had married Anne, daughter of William de Ferrers (d. 9 June 1450), John Bourgchier, lord Berners (fourth son of William Bourgchier), whose first summons was in 1455. Richard West, lord de la Warre, whose father had died on 27 August and who came of age in 1451; Henry, lord Grey of Codnor, whose father had died in 1444, and who was still only nineteen in 1454; John, lord Strange, whose father had also died in 1444 and who may still have been under age in 1454. The inclusion of two peers under age gives further evidence of the desire to have as many peers as possible present at this time of political difficulty caused by the king's illness.

Moreover, there are variations when we compare the list of those at a council meeting on 15 March 1454 with those recording their names on the parliament roll on the same day in a schedule concerning the creation of the king's son, Edward, as prince of Wales (item 48). The twenty-two named on the schedule were the two archbishops, seven bishops (London, Durham, Salisbury, Ely, Norwich, Lincoln, and Carlisle), two dukes (York and Buckingham), five earls (Pembroke, Warwick, Oxford, Salisbury, Wiltshire), the two viscounts, one prior (of St John of Jerusalem), and three other lords listed as knights (Fauconberg, Willoughby and Stourton). Yet twenty-eight lords are listed as attending the council on the same day, giving powers to doctors to prescribe medications for the king. (fn. int1453-31) Nineteen are as in the parliament list. The bishops of London, Salisbury and Carlisle were not at the council, but those of Winchester, Worcester, Hereford, Coventry and Lichfield were. Also at the council but not in the parliament list was the earl of Devon, who had been cleared of charges of treason in the parliament on 14 March (item 49). All of the other lay lords were at both, with Graystoke (or Greystoke), Clinton, Scrope, Fiennes and Talbot (Shrewsbury) being the additional peers at the council. The prior of St John was the sole religious both at the council and on the parliament list. Cardinal John Kemp, archbishop of Canterbury, died on 22 March, but is known to have been present at the parliament as late as 19 March (item 30)

Towards the end of the parliament, the lords who were present agreed to supply men or give service for the rescue of Calais. Those who were absent were sent letters on 17 April, which was probably the last day of the parliament, requesting they lend money or send men for the same purpose. (fn. int1453-32) This letter noted the generosity of 'such lords of this our land as have been present now late in our parliament ...each of them granting a notable number of people at their charge for the rescue of the said siege and many of them to go in their persons'. The recipients of these letters total fifty-nine lords, comprising six bishops, nineteen abbots and twenty-six other lay magnates. We can show that several of these had been present at some point during the parliament but may have departed before its end.

Parliament opened at in the refectory of Reading Abbey on Tuesday 6 March 1453. The chancellor, John Kemp, who had been translated to the archbishopric of Canterbury in July 1452, was absent. According to the roll (item 1), the parliament was opened by William, bishop of Lincoln, but as the bishop of Lincoln was at this point John Chedworth, this must be a scribal error for William Waynflete, bishop of Winchester, who was amongst those appointed as triers of petitions. When the commons came before the duke of York in the fourth session on 19 March 1454 (item 30), they claimed that at the commencement of 'this present parliament at Reading', the chancellor had spoken about the setting up of a 'sadde and wise' council of wise and discreet peers to whom all people might have recourse in the administration of justice. This suggests that Kemp was present early in the first session even if he was absent at the opening. There is no reference on the roll to the setting up of such a council. Indeed, as we shall see, the commons' complaint in March 1454 was that they had not been informed of the actual establishment of such a council. Another intriguing allusion to the business of the parliament exists in a royal letter sent to the earls of Salisbury and Northumberland on 8 October 1453, where it is noted that 'also that in our parliament which is still continued ('yit continued'), you and all other lords were warned that if any of you felt himself aggrieved against another, he should put his complaint in writing'. (fn. int1453-33) There is nothing on the roll about such an order, although the prorogation of 2 July 1453 with its reference to the king's intention to travel to various parts of his realm to end riots and misdeeds (item 20) would no doubt provide a context for such a command to be made collectively to the lords as they left parliament, and also for a commons complaint about the peace being badly kept (Parliament of 1453, Appendix item 38).

After the appointment of receivers and triers of petitions (items 2-5), the speaker was presented on Thursday 8 March (item 6). The choice fell on Thomas Thorpe. (fn. int1453-34) He had considerable administrative experience in the Exchequer as a summoner and from 1444 to 1452 as Lord Treasurer's Remembrancer, and had links with the Beaufort family. Although Thorpe had lost his post when York's associate, John Tiptoft, earl of Worcester, became treasurer of England on 15 April 1452, his links with Edmund Beaufort were strong enough for him to be promised the reversion of the chancellorship of the Exchequer in November 1452 as well as £200 for the vexations he had suffered. By the time parliament met he may already have become third baron of the exchequer; certainly he occupied this post by 26 April 1453.

A reference in the records of the privy council for November 1453 notes the following: 'Remembering also many and divers declarations made in parliament before this time by the treasurers of England as Lords Cromwell, Sudeley, Saye, the bishop of Carlisle and the lord Beauchamp and others, and especially by the right noble lord, the earl of Worcester, current treasurer of England, in the last parliament of the state of this land'. (fn. int1453-35) This implies that Worcester had presented to the parliament of 1453 the customary budget statement at the beginning of his treasurership. He had been appointed on 15 April 1452 so that this parliament provided the first opportunity to do so. There is no mention of this in the roll, but what he disclosed may have influenced the commons generosity in taxation grants in the first session of the parliament.

The first session which lasted only three weeks until the prorogation for Easter, which was pronounced by the chancellor, Cardinal Kemp, on Wednesday 28 March, two days before Good Friday, with the new session due to commence at Westminster on 25 April (item 12). On the day of the prorogation, the commons' grant of a tenth and fifteenth was announced through the Speaker (item 7). (fn. int1453-36) The reduction for impoverished places was fixed at £6,000, the same rate as in the parliament of February 1449. Lincoln and Great Yarmouth were once again totally exempted. Half of the subsidy was to be paid on 11 November 1453 with the remainder a year later. It was further ordered at the end of the grant that any who had made loans to the king since 29 September 1452 were to have these loans repaid directly from the tax render under the supervision of the commissioners for the loans, the knights of the shires, and the citizens and burgesses of the present parliament. On the same day, 28 March, the commons granted tunnage and poundage to the king from 3 April 1453 for life (item 8), (fn. int1453-37) although there was still a year of the grant made in the February 1449 parliament to run (Parliament of February 1449, item 9). The rates set in 1453 were at 3s per tun of wine for denizens and 6s for aliens, the same as in February 1449. Poundage was also kept the same for both home and alien merchants at 12d in every pound's worth of imported or exported goods, although a higher rate of 2s in the pound for alien merchants was imposed on tin. The customary exemption of cloth was not allowed on this occasion but imports of corn, flour, fish and live animals were excluded from the duties, as were exports of victuals and ale for the supply of the town and marches of Calais.

In addition a subsidy on wool, woolfells and hides was granted also from 3 April 1453 for the rest of the king's life (item 9), although there was also still a year to run on the grant of February 1449 (Parliament of February 1449, item 15). This was set at 43s 4d for denizen merchants on each sack of wool and 240 woolfells, 10s more than in the previous grant of 1449 and omitting any special terms for wools produced in the north. In addition, the 1453 grant imposed a levy of 100s on every last of hides. For alien merchants the rate was 100s per sack and 240 woolfells. This almost doubled the previous rate for aliens of 53s 4d set in 1449, and was accompanied by a further levy of 106s 8d on every last of hides. As a concession, alien merchants were released from the terms of the grant made in the parliament of February 1449.

The terms of the wool subsidy diverted 13s 4d of each payment for the wages of soldiers at Calais and 6s 8d for victuals there. These sums were now to be controlled directly by the treasurer of Calais rather than the English Exchequer. (fn. int1453-38) It was also agreed that enough should be diverted to the repair of the Tower of Rysbank and its jetty as the council thought necessary. The rights of Humphrey, duke of Buckingham, established at the parliament of November 1449, to a share of the customs and subsidies arising at the port of Sandwich for the financing of his arrears during his tenure of the captaincy of Calais, (which had ended in December 1450), were also confirmed, as were those of the queen. The privileges of the city of Lincoln to ship 60 sacks of wool tax free were preserved (Parliament of 1453, Appendix item 46).

On 28 March, the commons also announced their grant of a poll tax on aliens for the lifetime of the king (item 10), the grant of February 1449 having expired in 1452 (Parliament of February 1449, item 14). The basic rates were as before: 16d per head for householders and 6d for non-householders, but those born in Guienne and Normandy who were not householders in England were included, whereas they had been excluded in February 1449. The rates for alien merchants (with specific nationalities being noted) were charged a higher rate of 40s and 20s respectively, a marked increase on the 6s 8d for merchants and 6s 8d for their clerks in the previous levy. Although the grant was intended to be paid 'at Easter and Michaelmas next coming' and then at the same feasts for the rest of the king's life, commissions for collection were not issued until 12 November 1454, when it was ordered that the four payments due since the grant was made should be collected retrospectively. (fn. int1453-39)

Given that there was no thought at the point of the grant that there would be any delay in collection of the alien subsidy, we must conclude that the commons' generosity at the end of the first session was considerable. Well might the chancellor, as he announced the prorogation for Easter, thank the commons for their 'faithfulness, tenderness and immense goodwill'. And well might the commons remind York, when he hoped for further grants in the last session, that the grants they had made at the beginning of the parliament 'were as extensive as they can remember having been given to the king by his commons or to any of his noble progenitors' (item 30). Indeed, there is an unenrolled petition dating to this parliament where the commons request that the lay subsidy be properly spent for the defence of the realm, complaining that 'many and great notable sums of money from the subsidy, by sinister suggestion made to you, our sovereign, have been employed to contrary use' (Parliament of 1453, Appendix item 9). It is unclear whether this petition belongs to the parliament in its first phase to 2 July 1453, or to the last session presided over by York when the commons reminded the protector of their previous generosity.

Fortified by taxation grants at the end of the first session, the government was able to make repayments in early April to the earl of Shrewsbury (d. 1453) with parliamentary consent (Parliament of 1453, Appendix item 13). Since the trade taxes and alien subsidy were now granted for the king's life there was also assurance of revenue for the future. In practice, of course, the trade taxes had already become effectively 'perpetual' since parliaments had always agreed to their continuation, and the alien subsidy was effectively an extension of that of 1449, although there had not been a continuous levy before that point. In all contexts, the desire to increase the burden on alien merchants is clear, a consciously xenophobic response to the loss of most of the country's continental possessions since the last grants were made at the parliament of February 1449. The burden on alien merchants was no doubt also linked to the imposition of tolls by the Burgundians on wool purchased at Calais for importation into their lands. This prompted a common petition of protest, which requested that no shipments should be made to the Low Countries unless the duke lowered the toll. The petition contained further complaints against foreign merchants, including the Lombards. However, the petition was not accepted, and not even enrolled (Parliament of 1453, Appendix item 12). That it likely dates to the first session is suggested by the fact that it asked for the ban on shipments to Burgundian lands to take effect from 3 April 1453.

It is also important to note that the government had returned to tried and tested ways of levying money through the lay subsidy, trade taxes, and an alien subsidy, and did not experiment again with a subsidy on lands and fees as they had in the parliament of November 1449. But there was a new form of grant agreed by the commons at the end of the first session in 1453 - the levy of 20,000 archers to serve the king for 6 months (item 11). These men were to be levied locally and paid for by the inhabitants of the towns and shires, 'equally according to their substance'. This was essentially a resurrection of use of the shire levies, something which members of the council had advised in deliberations during the February 1449 parliament (Parliament of February 1449, Appendix item 2). Presumably the archers were intended for a major showing of English strength in France, presumably in Guienne, rather than, or at least as well as, in the defence of Calais and of England itself. (fn. int1453-40) The terms of the grant do not, however, specify any location or use. Although the commons had agreed to the levy of archers in outline, they requested that they should have time and space to consider further how the archers should be raised and paid for. Once this had been sorted out, the archers were to be raised with four months notice. Significantly, given the evident opposition in the palatinate of Chester to the subsidy on lands and the act of resumption, (fn. int1453-41) the levy specifically included Cheshire and Wales.

Parliament reassembled at Westminster on 25 April 1453. (fn. int1453-42) On this day, it was announced that the king had discharged the commons of liability for 7,000 out of the 20,000 archers, implying that there had been reflection on the matter during the parliamentary recess. This 7,000 was to be apportioned as follows: 3,000 from Wales and Cheshire, 3,000 from the lords of the realm, and a further 1,000 from sources unspecified (item 13). As for the remaining 13,000, it was agreed that one point of muster should be established, four months notice given, and that the whole group should be kept together in the king's service thenceforward. The allocation of numbers required from each county and from leading towns towards the 13,000 was then stated (item 14). Commissioners were to be appointed who would assess the liability of inhabitants based on their moveable goods and revenues from lands, rents, etc. [This may have been an attempt to link to the 1450 assessment on incomes.] Exceptions were given for Eton, King's College, the queen, and enfeoffed lands, and lands and incomes already taxed through the clerical tenth through convocation. The archers were to receive 6d per day, a level of pay customary for archers throughout the century, and were to indent with their captains. This levy is therefore a rather strange combination of a shire levy and contracted army.

The levy of archers was never made. The commons indicated at some point in the second session that in return for its deferral, they would make a financial grant for the rescue of Guienne (item 15). The levy was thus deferred for two years calculated from Easter next [presumably 1454], although it was agreed that if the king wished to himself be involved in the defence of the land in person (fn. int1453-43) or if some emergency arose, then the levy could be made on three months notice. Indeed, it is interesting to note that technically the potentiality of the levy remained. One of the reasons given by the chancellor for the calling of the 1455 parliament was 'to advertise and ordain how and when the 13,000 archers granted in the last parliament should be employed' (Parliament of 1455, item 11). In 1457 a commission was issued to men in each county to assign the contribution of archers by each hundred and assess the goods inhabitants had for their support 'pursuant to proceedings begun at the parliament at Reading on 6 March 1453' (Parliament of 1453, Appendix item 25). (fn. int1453-44) The notion that the grant was still live lingered on for several years to come. When Edward IV was granted a similar 13,000 archers in 1472, the commons felt it necessary to request a promise that he would thereby give up the levy granted in 1453. (fn. int1453-45)

If the government's request for a levy of archers in 1453 had been no more than a way of putting pressure on the commons to vote more cash, then it worked. On 2 July, the end of the second session, the speaker announced the grant by the commons, with the assent of the lords, of a half tenth and fifteenth, with the deduction of £3,000 for impoverished places (item 19). But the grant was already known since commissioners to collect both it and the first whole tenth and fifteenth had been appointed on 12 June. (fn. int1453-46) The half subsidy was to be paid in two instalments, on 2 February and 24 June 1454. Lincoln and Great Yarmouth were exempted as usual. This money was clearly intended to underpin loans to support the sending of troops to Guienne. There is evidence of attempts beginning shortly after parliament was prorogued for loans to be raised. (fn. int1453-47) On 7 July efforts were made to persuade Thomas Percy, lord Egremont to go to Guienne 'to do us service of war'. (fn. int1453-48) On 25 July indentures were drawn up for William Fiennes, lord Saye and others with muster intended on 20 August. (fn. int1453-49) In fact the army never sailed. Shrewsbury had been defeated and killed at Castillon on 17 July, although news of this did not get to England until several weeks later. Orders were still being sent out in early August for ships to be raised for troops to go to his aid, (fn. int1453-50) but news of French manoeuvres to block access to the Gironde led to the English abandoning the effort to send a relieving army and supplies. Bordeaux had to be surrendered to the French on 19 October. If the dominant issue at the second session had been how to retain Guienne, then all of the debate and all of the commons' generosity had in effect been in vain.

Other items can be dated to the second session. Edmund Beaufort petitioned as captain of Calais concerning £21,648 10s owed from the time of his appointment on 21 September 1451 to 6 June 1453, the last date suggesting that the petition dates to this session. He asked for and was granted the right to payment from the customs duties of Sandwich once Buckingham's arrears had been satisfied (item 16). The following item on the roll notes a decision agreed by the commons and lords on 16 May 1453, that, to pay for repairs at Calais and in particular for the jetty at Rysbank, £9,300 from the first lay subsidy should be used, £5,300 from the first instalment and rest from the second instalment (item 17). These sums were to come from the contributions of named counties but were not to jeopardize assignments already made for the wages of Viscount Lisle, Lord Moleyns, Lord Camoys and others in their company 'for the defence of this land'. Item 18 was a petition to the king in parliament by the treasurer and victualler of Calais over the diversion of part of the wool subsidy to their support. This must also belong to the second session as it clarifies the distribution of taxation agreed at the end of the first session.

The first of the common petitions on the roll concerned Cade and his rebellion, and belongs to either the first or second session (item 63). This asked for John Cade, otherwise known as Mortimer, to be declared a traitor. The parliament of 1450 had already seen the king assent to a common petition that Cade should be attained for treason and be deemed a traitor for his actions between 8 and 11 July 1450 (Parliament of 1450, item 19). [He had a pardon up to 7 July and was killed on 12th]. The petition of 1453 was longer and waxed more fulsomely on Cade's evil deeds. It asked not only that he should be declared a false traitor but also that 'all his tyranny, acts, deeds and false opinions' should be annulled and cast out of mind, and that any indictments made 'under the power of his tyranny' likewise be invalidated 'and that no man's blood be thereby defouled or corrupted but by the authority of this your present parliament cleared and declared for ever'. The specific meaning of this is made clear by the additional request that all petitions submitted to the king in the parliament of November 1450 'against your will and not agreed by you' should be made null and void and consigned to oblivion, as being 'against the king's regality'. What was at issue here was the petition made in 1450 against the duke of Somerset and others who were deemed to have behaved improperly and were to be removed from the king's person (Parliament of 1450, item 16). (fn. int1453-51) It is highly significant that this attack was now being publicly associated with the earlier actions of Cade, and thereby completely discredited. Interestingly, the recitation of the evil deeds perpetrated by Cade in his rebellion 'under colour of justice and reformation of your laws' includes the 'putting away and removing from your said person' of royal servants and liegemen, a deliberate echo of the 1450 petition against Somerset and others and an interesting example of continuity between parliaments in language and memory.

The petition concerning Cade needs to be read alongside that concerning Sir William Oldhall which immediately follows it as the second of the common petitions in 1453 (item 64). This asked for Oldhall to be deemed a traitor. Amongst his offences it listed his counsel to John Cade and others as well as to those who took the field at Dartford in March 1452, thereby linking the two petitions together. It can be suggested also that the reference in the common petition on Cade to petitions submitted to the king in the parliament of November 1450 'against your will and not agreed by you' was a further attack on Oldhall, given that he had been speaker at that very parliament. That the wording of the two petitions was intended as a indirect but obvious attack by Somerset and his associates on the duke of York is given further credence by the reminder in the petition concerning Cade that he also called himself Mortimer. The petition against Oldhall belongs to either the first or the second session, most likely the second since it mentions grants made before 22 June. That against Cade may be similarly dated.

A more substantial attack on York and his followers may have been made in the parliament at this stage. An unenrolled petition from the parliament of 1455 includes within its text a common petition which it claims was made at the parliament of 1453 (Parliament of 1455, Appendix item 2). This asked that all grants made to any of those who had 'assembled in the field at Dartford' against the king and his kingdom should be deemed void and taken into royal hands. This was effectively asking for an act of resumption against those involved in the incident. Later in the petition they are described as 'your traitors assembled in the field at Dartford', although none is named. The petition of 1455 has it that an act was made in the previous parliament as a result of this petition, but there is nothing on the roll of that parliament. It was during the second session on 12 May that York lost his lieutenancy of Ireland, which was granted for ten years to James Ormond, earl of Wiltshire, now also earl of Ormond, who had a close association with the king dating back to the coronation expedition. (fn. int1453-52) It is possible that York's loss of this office as also of his life office as justice of the forests south of Trent (which was given to Somerset on 2 July 1453) (fn. int1453-53) were as a result of this act. As we shall see, when the last session of the parliament opened, the speaker, Thomas Thorpe, was accused by York of stealing his property from the London house of the bishop of Durham. Thorpe's defence was that he acted on royal orders, providing perhaps another example of the effect of the supposed act on York. (fn. int1453-54) Oldhall's property was also confiscated, but there is no evidence of widespread deprivation of offices and grants against York and his associates in the summer of 1453. This may be, of course, because the king's illness intervened and disrupted any plan to act more fully, or because, as Watts suggests, the crown never dared to go so far as to accuse York of treason. (fn. int1453-55) The repeal of the act in the parliament of 1455 was asked for on the grounds that it was ambiguous about the 'faith, truth and loyalty of many of your true liegemen' and which, if not removed, might lead to 'great and dangerous division amongst the lords'. Once again, no detail was given as to who these lords might be.

The unenrolled petition of 1455 gained royal assent, but the matter remains shrouded in mystery, not least because one might have imagined that such an important act of the 1453 parliament would have been enrolled. It may be, of course, that it was included in the draft membranes, but that it was excluded when the roll was compiled at the end of the parliament, since by then York was protector. Yet, against this argument, the petitions against Cade and Oldhall (items 63 and 64) were allowed to remain on the roll. And surely there would have been time in the last session of the parliament of 1453 for any act against the Dartford traitors to have been formally annulled. This raises a more important general point about parliamentary business over a long parliament with several sessions. Might it be that its exclusion from the roll of the 1453 parliament was considered by York to be enough for its annulment? In other words, even though an act was agreed in an earlier session, it was not deemed to be effective unless enrolled on the final roll. In this interpretation, perhaps it was decided to make doubly sure by having the act formally repealed at the following parliament. But therein lies another mystery: why were such an important common petition and decision not enrolled on the roll of the 1455 parliament when the rehabilitations of Thomas Young and William Oldhall were (Parliament of 1455, items 14 and 26)? (fn. int1453-56)

There can be little doubt of the dominance of Somerset and what we might deem 'the court party' in the first two sessions of the parliament of 1453. This is also revealed by an unenrolled item which granted 'by the authority of the present parliament' that Alice, widow of William de la Pole, duke of Suffolk, should have the wardship and marriage of her son John, and the keeping of his lands during his minority (Parliament of 1453, Appendix item 14). This reversed an award of 1 June 1451 which committed these rights to others. This award was surrendered on 1 May 1453 as a result of an act made at the parliament. The grant to Alice must belong to either the first or the second session, more likely the latter. This is also the case for schedules which the king handed over signed by his own hand and which he requested to be inserted on the roll (item 21). These gave exemptions to the act of resumption of the previous parliament, and other ordinances concerning controls on finance, to several persons, including his half brothers who had recently been elevated to earldoms, and various officers of the household. The generous revisions of arrangements to the queen's dower date to either the first or second session, probably the latter since they were confirmed by charter on 21 July. (fn. int1453-57) This is further indicated by the fact that they were presented to the commons in a schedule sealed with the sign manual of the king (items 59 and 60). Given that they are found on the same membrane as petitions concerning the earl of Wiltshire/Ormond and Thomas Romayn's chantry in London, it is almost certain that the latter also belong to the same period of the parliament (items 57 and 58).

On 2 July the parliament was prorogued until 12 November to convene once more at Reading (item 20). The closure on 2 July is recorded on the roll, with Thorpe's announcement of the half subsidy being followed by a vote of thanks to the commons by the chancellor and then by the king himself, although the latter's own words were brief. ('We thank you most cordially. Do not doubt that we shall be a gracious and benevolent lord to you.') (fn. int1453-58) The chancellor then spoke of the long and arduous stay in parliament which the lords and commons had sustained, as well as the long duration of the king's own attendance. [Was it already apparent that the king was 'stressed'?]. It was also announced that he intended to travel to various parts of his realm to deal with riots and misdeeds (a repeat of his judicial gyrations between the first and second session of the parliament of 1450). Wolffe suggests that it was disturbances in Yorkshire in particular that 'appeared to require Henry's personal attention', although there were clearly also plans for him to travel to the south-west since we find him in Kingston Lacy (Dorset) on 31 July. (fn. int1453-59) Parliament could not simply be dissolved since there were petitions unanswered, but the usual mantra was also cited - autumn was approaching when lords would indulge in hunting and the commons in harvest. Thus prorogation was made to 12 November. We must assume that this is an accurate record of the causes of the lengthy prorogation and that it was not in any way occasioned by any sign of a decline in the king's mental or physical health. Indeed there is evidence that he presided over a council meeting on 21 July to sort out the dispute between the duke of Somerset and the earl of Warwick over lordships in South Wales, and he had begun a journey to the south-west which was cut short in early August when he succumbed to some kind of breakdown at his palace at Clarendon.

It is not appropriate here to discuss at length the impact of the king's illness on government. The focus will be solely on how it affected the resumption of parliament, which, as we saw, was due to reconvene at Reading on 12 November. It seems likely that discussion on its reassembly was intended at a great council meeting in late October, which was evidently also intended to discuss the breakdown of order in Yorkshire. Letters were sent out for this before 23 October. On that day Sir Thomas Tyrell was sent to the duke of York with new letters since it was noted that York had not received 'such letters as we wrote out for the assembly of this our great council'. (fn. int1453-60) This has been taken to mean that York had initially been deliberately excluded from the summons, but that it was now felt that he should be included. The letter which Tyrell carried to him mentioned that one of the reasons for the calling of the great council was 'to establish peace and unity between the lords of this land. And since there has been and still is, as it is believed, variance between him and some other of the lords, therefore the king wills that he in all haste disposes himself to come to the council peacefully and moderately accompanied'. A likely further catalyst for holding the great council and for the summoning of York was the birth of Prince Edward on 13 October. As Wolffe notes, this made it easier to invite the duke of York back into the fold since he was no longer in any special position as heir presumptive (if that was indeed how he was regarded). (fn. int1453-61) Another observation can be made on the desire to create magnate unity at this point. If Henry VI's death was feared, then, as in 1422 when his father's premature demise had left an infant king, there was a real need for collective action after the birth of Prince Edward. [An intriguing thought here is whether the late reassembly date of 12 November had been set so that it would follow the birth of the royal child.]

Where and by whom the decision to postpone the reopening of parliament was taken is not clear. York did not arrive in London until 12 November. (fn. int1453-62) A council met on 31 October but its business is not known. (fn. int1453-63) Royal letters were issued on 6 November empowering the chancellor to effect a prorogation to 11 February on the grounds of plague in Reading, and that the king, rather euphemistically, 'was unable to come on the said day and to the said place for other reasons'. No change was planned in location, however. The reassembly on 11 February was to be in Reading. These royal letters are cited in the enrolment of the prorogation (item 22). The text implies that the chancellor did address some kind of assembly in Reading on 12 November, the day parliament was due to reopen, summarizing the previous sessions and prorogations, although, significantly perhaps, omitting any mention of the king's plans to undertake a judicial itineration over the summer in person. The power given to the chancellor 'by king and council' to effect this prorogation was enrolled on the patent rolls as a way of emphasizing collective authority in the absence of that of the king alone (Parliament of 1453, Appendix item 16).

York arrived in London on 12 November. Watts suggests that he had timed his arrival at the council so that it would coincide with the reassembly of parliament, 'perhaps in the hope that the coup of 1450 could be repeated', adding that Kemp had prorogued the parliament in order to prevent this. (fn. int1453-64) If this is true (and there is no direct proof either way), then York cannot have been aware of the letters issued on 6 November which ordered the prorogation. On 21 November York put forward to a council in Star Chamber which was attended by the prior of St John, 10 diocesans and 13 lay lords (not including Somerset), that he had come to the council as the king's loyal subject in response to a royal summons, and that he would act with all his diligence towards the king's welfare and that of his subjects. But he reminded his fellow peers that several people who had previously been his advisors had been commanded to withdraw from him, 'which is to his great hurt and means that he cannot proceed with such matters as he had to do in the king's courts and elsewhere'. He therefore asked that such men should be restored to his counsel. The lords agreed to this considering it 'just and reasonable'. (fn. int1453-65) Although no names were mentioned, his request presumably related to Sir William Oldhall who had been convicted of treason in the second session of the parliament. It does not seem, however, that Oldhall was able to gain his rehabilitation at law until October 1454 when a writ of error was allowed to him. It is likely that he remained in sanctuary until this date. (fn. int1453-66)

According to Benet's chronicle, it was soon after York's arrival in London that his associate, the duke of Norfolk, appealed Somerset for treason 'by many articles', with the result that the latter was committed to the Tower on 23 November. (fn. int1453-67) There is a surviving 'bill' by Norfolk relating to Somerset. (fn. int1453-68) This is addressed to the lords and was considered by antiquarians as a parliamentary bill put to the lords sometime in the last session of the parliament. But as there is no reference in the roll or in other sources to its being heard in parliament it is more likely a petition to the lords in council put forward in the immediate aftermath of York's arrival in London. It refers to articles which Norfolk had put in writing and delivered to the lords, to which Somerset had given answer, but gives no details on either. It then implies that Norfolk had given counter answer and had asked for justice from the lords, which he had not yet got. Therefore he was now making a further appeal to them, in which he cited Somerset's losses in France in particular. It was surely the final defeat of the English in the summer of 1453 which made Somerset vulnerable to criticism, and which prompted his removal from the political scene, leaving the way open for York to increase his influence.

Council records in the aftermath of Somerset's arrest, however, show an obvious effort to vest authority in a council rather than in one individual, an understandable position given the hopes of royal recovery. A great council, attended by over forty peers, met by 30 November and agreed to act together to suppress lawlessness. (fn. int1453-69) On 5 December a smaller group, including York, agreed to attend to 'the politic rule and governance of this land', whilst acknowledging that they would only deal with absolutely essential matters of state, 'until the time their power was more fully declared by sufficient authority - presumably a reference to parliament's role in such definition. (fn. int1453-70) Several other council meetings took place over the next few weeks, attended by an increasing number of peers, suggesting that they were assembling in anticipation of parliament's intended reopening on 11 February. (fn. int1453-71) A letter of John Stodeley written in London on 19 January 1454 reports the coming of many lords and emphasises the level of factionalism between the supporters of York and Somerset. (fn. int1453-72) Even though the latter was in the Tower, it did not stop him, according to Stodeley, 'having spies going in every lord's house in this land'. The latter also remarked that 'Thorpe of the Exchequer' [the speaker of the 1453 parliament] was preparing articles against the duke of York, although Stodeley did not know what these articles were. The letter adds that Thomas Tresham, William Joseph, Thomas Daniell and John Trevilian (all 'Somerset men') had 'made a bille to the lordes desiring to have a garisone kept at Wyndesore for the saufgarde of the Kyng and of the prince, and that they may have money for wages of theym and other than shulle kepe the garyson', implying the possibility of threats to the king and his son. Stodeley's letter thus makes clear the level of chaos and uncertainty which prevailed at this point.

But the most important part of Stodeley's letter concerns the apparent actions of Henry's wife. 'The queen has made a bill of five articles desiring those articles to be granted. The first is that she desires to have the whole rule of this land; the second is that she may appoint the chancellor, the treasurer, the privy seal and all other officers of this land, with sheriffs and all other officers that the king should appoint; the third is that she may give all the bishoprics of this land and all other benefices that belong to the king's gift; the fourth is that she may have sufficient livelihood assigned to her for the king and the prince and herself'. There was a fifth article but Stodeley declared that he did not know its contents. The use of the term 'bill' may imply that the queen intended this to be settled by parliament, presumably following the precedent of the setting up of the powers of Bedford and Gloucester in the first parliament of the reign, but, as with Norfolk's bill against Somerset, it is possible that this was a matter which was intended to be put to the council, at least in the first instance.

The queen's proposals, assuming that Stodeley reported correctly since there is no other evidence of her bill, were entirely legitimate but there was no precedent in England for the regency of a woman (there was in France, of course, with the example of Blanche of Castile). There is no evidence at this point that York was pushing his own rights as possible protector, or that any decision had been come to by the lords more generally, although Watts interprets the composition of council meetings around this time as 'partisan' in its pro-York stance. (fn. int1453-73) As we shall see, it took some time for a protectorate to be established by the parliament. But no doubt knowledge of the queen's plans was a factor in the decision taken by 7 February to allow the parliament to proceed, since it was only by its authority that formal arrangements for government in the absence of the king could be ratified. This also implies that it was now realised that the king's illness was likely to be long-term. Parliament could not simply be dissolved. It had to be continued in order to solve the problem of his inability to rule in person.

On 7 February the earl of Worcester, treasurer of England, was appointed to go to Reading on 11 February, the day parliament was due to reopen, and to prorogue the parliament for three days so that it could transfer to Westminster (Parliament of 1453, Appendix item 17). This he did in the refectory of the abbey, in the presence of at least some lords spiritual and temporal and of the commons, thanking both groups for their 'labours and attention of behalf of the said king', and noting that the king was unable to be present 'on account of certain reasons' (item 23). How many had assembled at Reading we cannot know. The next necessary decision was taken in the great council chamber at Westminster on 13 February. The chancellor asked who should be given commission to hold the parliament. Johnson considers that the question had been deferred to the last minute, given that parliament was due to reopen on the next day whereas four days had been allowed in 1422. (fn. int1453-74) He uses this to suggest that Kemp was trying to keep conciliar control over parliament and to prevent York gaining control. However, this interpretation is untenable: it was essential that power to hold the parliament was vested in one individual. The fact that the decision was left to the last minute was due to the unprecedented circumstances of the time, where an adult king was incapable of making a decision which was his prerogative to make.

The lords present on 13 February - 28 are named - agreed that the duke of York should be given the commission to hold parliament (Parliament of 1453, Appendix item 1). This in itself did not mean he had already been chosen as protector or even that a protectorate was anticipated. It does not even mean that the queen's bill had already been heard and rejected, simply that there was no possibility of a woman being chosen to preside in parliament. Indeed, Johnson considers it possible that the queen's bill was intended to be put to the parliament since she arrived in London on 20 February. Although the commission as recorded in the privy seal warrant gave York power to dissolve the parliament, the commission issued under the great seal reserved power of dissolution to the council. (fn. int1453-75) Johnson sees this as the triumph of Kemp, but more significantly, it was identical to the power given to the duke of Gloucester on 6 November 1422. (fn. int1453-76)

York's commission was read out at the opening of the parliament at Westminster on Thursday 14 February, including the power to dissolve 'with the assent of the council' (item 24). No other opening speech is noted on the roll. An immediate problem was the speakership. Thorpe was a known sympathizer of the duke of Somerset, and had, according to Stodeley, already been preparing to act against York. This was in response to York's own action against Thorpe concerning the latter's earlier impounding of certain of the duke's possessions from the inn of the bishop of Durham. (fn. int1453-77) By the time the parliament opened, Thorpe was in the Fleet prison. Exactly when he had been placed there is unclear. He had attended meetings of the council in August and September 1453 (this in itself is interesting given his role as speaker), but it is possible that he was committed in late November, around the time of Somerset's arrest. (fn. int1453-78) York's action against him is dated to the Michaelmas term. Stodeley's mention of his preparing articles against York would not necessarily preclude his doing this from prison, and it is possible that the articles took the form of a bill which Thorpe intended to present to the parliament when it reopened.

The commons had enough sense of their privileges for them to petition on the opening day of the last session, 14 February, for Thorpe's release and that of another member, Walter Rayle or Raleigh (item 25). (fn. int1453-79) This they did 'through certain of their fellows'. Interestingly it is said that they made request 'to the king and his lords spiritual and temporal assembled in the said parliament' that they should have all the liberties enjoyed as of old. The 'king' was not, of course, present, but his 'kingship' continued to be, no doubt represented by an empty throne. On 15 February York declared to the lords why Thorpe should be kept in custody. He cited the theft from the house of the bishop of Durham which had led to a bill in the exchequer at Michaelmas last to which Thorpe had responded, and explained his committal to the Fleet. The duke's counsel put forward several reasons why Thorpe should not be released: the offence had been committed since the parliament had been started; the process of law had taken place during the prorogation; he should not be released before York had been recompensed in the action; the law should be upheld, parliamentary privilege notwithstanding. The chief justices declared that they could not decide on the point since the privileges of the high court of parliament could only be determined by the lords of parliament, but they added that although there was no general supersedeas brought to parliaments to end all processes - since, if there was, a plaintiff could not get redress because parliament could not determine actions in the common law - it was customary for all, save those accused of treason or felony or imprisoned for security of the peace to be released so that they could attend parliament. The lords heard this advice, but considered that Thorpe should remain in prison notwithstanding the privilege of parliament and his position as speaker, and that a new speaker should be elected. This was a political decision made at York's behest, and may have been a quid pro quo for the treatment of his associate, Sir William Oldhall, speaker of the 1450 parliament, who had been attainted in the second session of the parliament of 1453 at Somerset's behest. (fn. int1453-80)

The decision was communicated to the commons by one of the sergeants at law in the presence of the bishop of Ely and a large number of other unnamed lords. The commons duly elected another speaker, Sir Thomas Charleton (or Charlton), on 16 February (item 29). From 1441 Charleton had been an esquire of the king's hall and chamber, and was still a member of the household at this point. According to Abbot Whethamstead of St Albans, he deliberately had himself made speaker in order to use potential commons' support in a land dispute which he had with the abbey of St Albans and on which he allegedly prepared a bill to the parliament (Parliament of 1453, Appendix item 32). (fn. int1453-81) Whilst this makes for a good story, and casts light on at least one person's views on how speakers could exploit their position, it is more likely that Charleton was chosen because he had household as well as other connections, especially with London which was generally pro-York at this juncture. He was also related to the wife of Richard, earl of Salisbury, a link which Whethamstead also noted, and a feoffee of the earl in the manor of Shenley Hall (Herts.) (fn. int1453-82)

The proceedings of the session which began on 14 February are fairly easily reconstructed. Indeed, the fact that so many items, both enrolled and unenrolled, are dated may reflect a desire for deliberately careful recording under the unusual circumstances of the time. There was concern that not all lords had come to the parliament. As noted earlier, fines were imposed on those who had not done so by a decision made on 28 February (item 46; see also Parliament of 1453, Appendix items 3 and 4). The perceived need to have all lords present, unless they had valid excuse, was no doubt another result of the crisis caused by the king's incapacity. It was important that all should be seen to share in decisions to be made. This was perhaps more important than York's fear that those absent were his enemies, supporters of Somerset.

There were also efforts to solve outstanding magnate disputes. It is likely that efforts were made in late February to order Thomas Percy, lord Egremont, to answer for his acts of violence in the north (Parliament of 1453, Appendix item 26). (fn. int1453-83) In the last item on the roll before the common petitions, Ralph, lord Cromwell asked for surety of the peace from the duke of Exeter, in the presence of York, who is described as 'the king's lieutenant in the present parliament', the archbishop of Canterbury and other lords (item 62). (fn. int1453-84) This was dated 9 March. Cromwell's petition was read twice. Although the lords agreed that surety should be given, they wanted further discussion on the matter given the high penalties demanded in the petition. It was not until 20 March that they gave their consent. Two days later, York ordered the bill to be sent to the commons. We have no further information in the roll on its outcome.

Another matter concerning a peer occupied the early weeks of the session, and indeed may be another reason why it was seen as essential to have a large attendance of lords. This was the treason trial of Thomas, earl of Devon, for his support of York at Dartford in 1452. An indictment had been issued against him on 18 February 1452. This bears a note that it was sent to parliament in January 1454. (fn. int1453-85) Being arraigned before Humphrey, duke of Buckingham, as steward of England, (fn. int1453-86) Devon was acquitted by his peers. As the entry on the roll indicates, York chose to portray the charges against Devon as a slur against his own honour (item 49). The duke therefore made declaration before the lords on 14 March about his own loyalty, declaring that what had been said about him was false and untrue, and that he had never swerved in his loyalty to the king. He required any who thought otherwise to make formal challenge, and asked that his declaration should be enrolled. We might see York's declaration as an essential 'wiping the slate clean' in order to pave the way for the setting up of formal arrangements for the rule of the kingdom in the absence of the king. Indeed, some historians have considered the trial of Devon to be a charade - there is no evidence that what occurred was a full trial in any sense - and hence simply an opportunity for York to 'have his probity publicly acknowledged'. (fn. int1453-87) But the events of 14 March had a wider significance. Although Somerset was still in custody, the rest of the lords, York included, were now formally acting together in public unity, as they were to do in the setting up of the protectorate two weeks later. One ought perhaps not to see this period as the triumph of York but rather as the triumph of collective rule in time of crisis, emulating that of the minority.

It cannot be coincidental that the enrolment of the creation of the baby prince as prince of Wales and earl of Chester is dated to the following day, Friday 15 March (item 48). As in the case of the peerage creations of Henry's half-brothers, the preamble is carefully crafted in terms of language and tone. Royal glory, we are told, does not suffer from being shared, but is further elevated by 'the number of nobles of eminence and glory who support its throne'. The text includes mention of the investment of the baby prince with the cap, ring and stick of his principality and earldom. Whether there was any actual ceremony performed in the parliament is unknown, but it is certainly a possibility, even if it is highly unlikely that the baby prince was present. The royal letters of creation are noted as being read and agreed 'with the counsel and consent of the lords'. The names of twenty-two lords present are then listed as subscribing with their own hands to the royal letters. A meeting on the same day 'in the chamber of the council in the time of parliament' which gave powers to doctors to prescribe medications for the king had a higher attendance of twenty-eight lords, (fn. int1453-88) of whom nineteen are as in the list on the parliament roll.

The roll does not suggest that the commons were present at the ratification of the prince's titles. Two days earlier, on Wednesday 13 March, the chancellor had explained to them the dangers facing Calais, and how there was also the need for provision to be made for the safekeeping of the sea. The sum he suggested was £40,000. The commons spent the next few days discussing this, with reply being made on 19 March to York as lieutenant of the king and to the lords (item 30). The commons brought to mind through Charleton their generosity in the first and second sessions, and said that they could make no further grants because of the poverty in which the people stood. (fn. int1453-89) They also recalled that at the beginning of the parliament the chancellor had said that a learned and wise council would be established 'to which all people might have recourse for the administration of justice, equity and wisdom', but that they had not heard any more about this. They asked that they should now hear of it 'for the great joy and comfort of all those whom they represent', an extremely significant phrase emphasising the strong concept of representation even at this point in time. They concluded by asking York and the other lords to have particular care for the peace of the realm. Chancellor Kemp promised a prompt reply. But he was soon in no position to do so for he died on Friday 22 March.

Kemp's death is noted on the roll at the outset of a record of decisions taken by York and the lords 'assembled in the parliament chamber' on Saturday 23 March (item 31). Clearly the king needed to be 'told' of Kemp's demise and to be 'consulted' on his successor as chancellor. The need for immediate replacement was, one assumes, all the greater given that parliament was in sitting. It was agreed that a group of lords should go to the king at Windsor. This group consisted of three bishops (Winchester, Ely and Chester [i.e. Coventry and Lichfield]), eight lay lords (Warwick, Oxford, Shrewsbury, Beaumont, Bourgchier, Fauconberg, Dudley and Stourton) and the prior of St John of Jerusalem. This was a balanced, non-partisan group, by no means 'Yorkist'. What they were to say to the king had been carefully formulated, and was to be kept secret until disclosed to the king. The group was instructed to communicate the whole of the lords' message to the king if they found him in a state where he could understand and give attention to it. If he was not so disposed, then the first and second articles only should be read to him. The first simply commended York and his fellow lords to the king and expressed their desire for his recovery. The second told Henry how York and the lords had devoted themselves to ensuring that parliament and government were conducted with the well-being of the king and his subjects, and the need for proper administration of justice, kept firmly in mind.

The third part of the message was to tell the king of the death of Kemp, which left England without both chancellor and primate. The wording here may imply they expected Henry to be distressed at the news - 'the said lieutenant and lords consider that they must of true and real necessity inform the king of this'. Presumably this was why the third part was only to be read to the king if he seemed to be in a suitable condition. If he was, then it was hoped that he would give the lords an indication of his preference for who should be appointed to Kemp's positions. The level of lordly anxiety, as well as of anticipation that Henry would not be in a fit state to make such decisions, is revealed by the final clause: 'and they shall try their utmost by all the means they can to have true and clear understanding of the king's intention in the abovesaid matters'. The fourth part of the message was of a more practical nature, namely that they should tell the king that as soon as they had learned of the death of Kemp, York and the lords had ensured that the seals should be brought before all the lords in parliament and placed in a chest which was then sealed with their seals, and placed in the treasury in the keeping of the treasurer and chamberlain.

The final part was to remind the king how the commons had been promised that a learned and wise council would be appointed, and how they had twice reminded the lords of this, asking for information on its membership. They asked that the commons should be given the names of those nominated. The text here implies that the lords had already drawn up suggestions on names but had to allow the king the right of approval and amendment.

The roll goes on to tell us what the group of lords reported back to York and the other lords two days later, on 25 March (item 32). They had indeed come into the king's presence whilst he was having dinner. It had fallen to the bishop of Chester (i.e. Coventry and Lichfield) to speak to the king and to try to explain the lords' message. He recounted how he had told the king of the lords' commendation to him, their great desire for his recovery in health, and the great diligence of the lords in parliament. The king had not made any reply. The bishop, acting on the encouragement of the other members of the embassy, had then proceeded to read all of the articles. But they had not been able to elicit from the king any answer or sign at all. The bishop of Winchester had then said to the king that they would have dinner and return afterwards to see the king again. This they did, and they tried to 'move and rouse him by all the ways and means they could think of' in order to have an answer from him. But still no response came. They then had the king led into another chamber (the reference to this being done by two men implies Henry could not orientate himself). They tried a third time to get him to answer, or even to tell them whether he might wish them to wait on him longer. But as there was still no royal reply, they left Windsor 'with sorrowful hearts'. Having given this report to the lords on 25 March, the group of lords asked for it to be enacted on the roll of 'this high court of parliament'.

There was now no other option than to appoint a protector. Two days later, on 27 March, the lords 'elected and nominated' the duke of York to this position 'during the king's pleasure' (item 33). On the next day the duke present a schedule on paper which contained various conditions for his service. He asked for this to be enacted on the roll, which it was, with the answers of the lords to each of his articles in turn (items 34-37). He began with a protestation on his unworthiness and that his assumption of the position came not from any presumption on his own part but only from obedience to the king and the lords. This he wished to have communicated to the king. This protestation not only echoed his declaration of loyalty made on 14 March but also emphasized the problematic situation where the king had not technically chosen York as protector. As Griffiths points out, York was not Henry's presumptive heir as Bedford and Gloucester had been in 1422. 'To make him protector in the constitutional uncertainty of 1454 might be deemed by some a dynastic challenge on York's part and the duke may have regarded it in precisely the same light'. (fn. int1453-90)

The lords' reply to York's protestation indicates that they shared this dilemma. They not only endorsed York's desire for a formal exoneration to be enacted, but were also keen to make their own. Here they noted the precedent of the minority of the king and the case of necessity whereby they were compelled to choose a protector without royal involvement. York's request for their assistance was also agreed. It may be reading too much into this to say that York was mindful of disputes of the past. His desire for a public statement of support was much to be expected constitutionally under the circumstances of the creation of a protectorship for an adult king. York also asked for clarification of his powers. This gained the response that he should be the chief member of the council and be known as protector and defender. The wording here was identical to that used in the appointment of Gloucester in 1422. It was thus agreed that an act on York's powers should be made by the authority of parliament.

As a result, the formal appointment of York as protector, defender of the realm and of the English church, and chief councillor occurred on 3 April (item 38, Parliament of 1453, Appendix item 20). By this time the consent of the commons had also been given. York's appointment was noted as being made 'by the king with the assent and advice of both the lords spiritual and temporal assembled in the present parliament and also the assent of the commons of the realm of England assembled in the same'. The grounds for the need for a protector were expressed rather euphemistically. It was not possible to say that the king was incapable as a result of the infirmity with which God had visited him. The public justification had to be that attending to matters of state would be too tiring and would impede his recovery. The king's confidence in the industry and circumspection of the duke as well as his proximity as kinsman were noted, although it is fair to say that, based on the report of the delegation sent to Henry, it was unlikely the lords had any indication of whether the king approved or disapproved. The appointment was during the king's pleasure, or at least until Prince Edward came to the age of discretion, assuming that the latter was at that point willing to take up the position of protector himself. The letters of York's appointment then follow on the roll. These were read out, presumably to the whole parliament, and York made public declaration that he was willing to take on the charge until Prince Edward was able to do so.

A further set of letters follow which gave the prince the position of protector once he reached maturity. The drawing up of such letters should be seen as a legal nicety, perhaps reassuring the queen that York did not intend to usurp the rights of her son, rather than evidence that it was thought that Henry would never recover. In the enactments which follow in order to clarify the powers of the protectorship, whichever man held it, it is significant to see that the name of the prince always precedes that of York, and that the act was not to be prejudicial to any grants which the king might have made to the queen or to any act of parliament made for her. The terms of appointment were much as in 1422 save that, given the poor financial situation, the wages of York were to be 2,000 marks per annum, lower than that of Gloucester.

On 30 March, the issue of Kemp's successor as archbishop was dealt with (Parliament of 1453, Appendix item 2). A recommendation was put forward 'in the council chamber during the time of the parliament' that the bishop of Ely [Thomas Bourgchier] should be recommended to the monks of Canterbury and the pope, that William Grey should be the successor at Ely and that George Neville, youngest son of the earl of Salisbury, should be recommended for any future vacancy. This decision was taken at the request of the commons by a group of lords including the duke of York. Whether this should be seen as business transacted by the lords in parliament or by an extended council is a moot point. Bourgchier was provided to Canterbury on 21 June 1454, receiving his temporalities on 22 August. Grey was provided to Ely on 21 June 1454, receiving his temporalities on 6 September. [George Neville became bishop of Exeter, being provided on 4 February 1456.]

The earl of Salisbury is described in this text as chancellor of England. His appointment dates to 2 April. Between 11 and 12 o'clock on that day a chest was brought into the great chamber of parliament in the presence of the lords (Parliament of 1453, Appendix item 19). This contained the seals, and had been housed in the Exchequer since the death of Kemp (as item 31 on the roll had described). The earl is described as having already taken the oath as chancellor. Thus chest was now delivered to his London home. On the same day, around 3 pm in the afternoon, he sealed letters concerning the assignment of dower for Anne, duchess of Exeter which had been agreed by the lords in parliament (see also Parliament of 1453, Appendix item 18, which suggests that her case had been settled in the lords by 23 March 1454). The careful recording of this event in the close rolls, with frequent mention of the presence and assent of the lords in general, fits with the efforts made to ensure the new regime was properly constituted. Salisbury was perhaps an unusual choice as chancellor given that the office had been held by clergy: he was York's brother-in-law but may not have had at this stage the very close links of later years which led to his death alongside York at Wakefield.

On 3 April a group of lords assembled in the Star Chamber to discuss the formation of a council. Not all were keen to serve, (fn. int1453-91) but this does not necessarily indicate opposition to York, more the lords' perception of the difficult circumstances in which they found themselves as a result of the king's incapacity. There is no reference on the parliament roll to the names of the councillors being told to the commons, despite their request on 19 March (item 30).

Further business was enacted in parliament after York's appointment as protector. The duke presented a set of articles concerning the defence of Calais to whose captaincy he was appointed at the request of the lords at the parliament (item 54), (fn. int1453-92) thereby displacing Somerset, although there is no mention made of the latter. These make for extremely interesting reading in terms of the negotiation of conditions of service for what was now the principal military command in the realm in England's sole surviving overseas dominion. In his demands we also see York wresting away from Somerset the control and loyalty of the garrison. (fn. int1453-93) York's requests also emphasise fears for Calais' vulnerability should the French choose to attack. The duke was able to use the opportunity to remind parliament that his previous services in Normandy, France and Ireland had not been fully recompensed, but now should be. York's requests concerning his new command included guarantees of adequate payment of wages for the garrison and arrangements for victualling and repairs, and a promise that there would be adequate assistance if the French attacked. He also requested adequate provision for the keeping of the sea. This led to the bishop of London suggesting that four knights (of the shire) be deputed to take charge of the matter, and that discussions with the merchants take place,led by Sir James Strangeways and Robert Beaumont. Lord Grey's name is also mentioned in this context. A group of peers (including Richard, earl of Salisbury, John (second) earl of Shrewsbury, John, earl of Worcester, James, earl of Wiltshire, and John, lord Stourton) subsequently indented for three years from 3 April 1454 to keep the sea. It was decided that they should receive their wages by assignment from the income received from tunnage and poundage for three years from the life grant made to the king in the first session (item 41). (fn. int1453-94) As further sums were needed to pay for the keeping of the seas, on 16 April 1454 it was ordered that certain sums from 16 named towns should be separately levied as loans by 20 June 1454 (item 42). (fn. int1453-95)

The finances of the royal household were an issue n the final session as they had been at many previous parliaments. A petition, perhaps put forward by the household or financial officials, mentions the problem of non-payment for goods purveyed for the household and asked for assignment of specific royal revenues towards payment. A list of proposed assignments from various parts of the royal demesne follows with various provisos to protect the rights of the queen, the duke of York and the duke of Buckingham (item 43). The request was for this to take effect from 1 April 1454 for three years. This was agreed by the commons (Parliament of 1453, Appendix item 7). The implication is that the bill might have been referred to the commons first since the entry goes on to say, after noting the commons assent, that the schedule was read in the parliament and answered with the advice of the lords who added a further proviso protecting the enfeoffments made for the king's will and the rights of royal officials, the latter relating to the act made at the parliament of 1432 (Parliament of 1432, item 20). The following item on the roll revoked the act made for the household at the parliament of November 1449, as well as arrangements made for the East March. This was to take effect from 17 April 1454 (item 44).

Financial concerns also explain the petition dated to 12 April where the merchants of the Staple at Calais requested repayment of a loan of 10,000 marks which they had made for the payment of wages at Calais through warrants for preferential repayment from the clerical subsidy (item 47). This loan was a useful contribution to government income at this point given the lack of further parliamentary tax grants. Further petitions from the merchants of the Staple are also found on the roll in the last session. Exploiting their generosity, the Staplers aimed at protecting and extending their rights (items 55 -56). Their petitions were also partly stimulated by petitions put forward by the commons. One of these, which survives as an unenrolled petition, concerned the price of wool and complained that prices had been so low that the common people had not been able to pay taxes, and the cloth industry had been damaged by so much wool passing overseas (Parliament of 1453, Appendix item 11). The Staplers successfully petitioned that this petition should not be authorised (item 55. II). They also petitioned against another common petition concerning the sale and partition of wool at Calais and the bringing of bullion to the Staple (item 55, III), but the parliament saw fit to confirm the terms of the Partition Ordinance made in the parliament of 1429 (Parliament of 1429, item 60). There were further successful petitions on repayment of loans and on bans of the export of goods other than to the staple (item 55, IIII and V; see also Parliament of 1453, Appendix item 10). They also negotiated a substantial reduction in the level of wool subsidy payable by denizen merchants which had been set at the end of the second session at 43s 4d per sack (item 9). It was now to be 33s 4d 'such as they have paid to you during all your blessed reign'. That was indeed what the rate had been when last set in 1449 (Parliament of February 1449, item 15), and for the majority of the reign. The cause of the Staplers on the rate of wool subsidy was taken up more generally by the commons in a common petition which asked and was granted not only the ten shilling reduction but also the abolition of the poundage on cloth exports which had been imposed in the commons grant at the end of the second session of the parliament (item 71).

The case of Robert Poynings also came before the last session of the parliament (item 45) Poynings had been one of Cade's leading lieutenants, was involved in various riots in London and the south east over 1453-4. (fn. int1453-96) The parliament of 1450 had seen an order for him to appear before the king and lords (Parliament of 1450, Appendix item 4). This was followed up by a second order made by the authority of parliament for him and his accomplices to render themselves to justice, which probably dates to the first or second session as it mentions Poynynges' letters written in January and February 1453 (Parliament of 1453, Appendix item 27). It would seem that at some point Poynynges did enter into a recognizance in chancery, but he later took sanctuary and was subsequently involved in riots in the spring of 1454. This led to further parliamentary action against him in the last session of the parliament since he had broken the terms of the recognizance. It was also in the last session that a petition was put forward to require Thomas Percy, lord Egremont, to submit to justice (Parliament of 1453, Appendix item 26). (fn. int1453-97) York could therefore reassure the commons that he was committed to the maintenance of law and order, a stance which he put into practice by carrying out a judicial progress into Yorkshire in mid-May.

Law and order predominated in the common petitions, which totalled ten. As we have seen, the first two, concerning the declaration of Cade as a traitor (item 63) and the attainder of Sir William Oldhall (item 64) were dealt with in the sessions of the parliament before the king's illness. But the third was dealt with in the last session (item 65). It refers in its opening section to complaints made to the king and council about those accused of riots and other activities against the peace who had been summoned to appear in chancery or before the council and who had failed to do so. This asked for a system of proclamation and penalty in such cases. It specifically mentioned that if the persons were of the rank of peer then they should lose all offices, fees, annuities and possessions they had of royal gift, and, if they continued to refuse to appear, their estate, title and place in parliament. This was agreed, and was to take effect from 1 May 1454 for seven years. This act represented a major effort to ensure the good behaviour of the magnates during the necessary introduction of a protectorship. It was likely passed near the end of the last session, as an important concluding gesture again confirming York' commitment to law and order, and was to be proclaimed throughout the realm before Midsummer.

The next common petition (item 66) protested at the abuse of the courts of the wardens of the marches. It is not clear at what session this was dealt with. The following petition asked for clarification of the applicability of the act of resumption of the parliament of November 1450 to the perquisites of offices held up to and on the first day of the king's reign, given that the act included those granted 'since the first day of your reign' (item 67). Again it is not clear which session this belongs to, but it is most likely early in the parliament as it clarifies an act of the previous parliament. The following common petition aimed at allowing speedy resolution of disputes over attacks at sea between English and foreigners in alliance or covered by safe conduct (item 68). This led to an act due to come into force from 1 May 1454 so was likely dealt with in the last session. This is also the case with the following petition on the length of office holding by those appointed as collectors of customs, alnagers, weighers etc, since it refers to the prince, who was not born until October 1453 (item 69). The next common petition referred back to an item in the parliament of 1442 concerning outlawries in Lancashire (item 70). This may date to early in the parliament since it asked for the statute issued in 1442 for seven years to be extended from 31 March 1452. The following common petition was put forward at the last session and asked for a reduction in the wool subsidy for native merchants, as well as the abolition of poundage on the export of cloth (item 71).

The last entry on the roll took the form of a petition to the commons from Henry Beaumont, Charles Nowell and others concerning the abduction of Joan Beaumont, who was Henry's mother and had married Charles as her second husband (item 72). The case, based in Thorpe in Yorkshire, makes for sensational reading. Joan was forced against her will on 27 October 1452 to go through an illegal wedding ceremony with Edward Lancaster who had lain in wait with other accomplices and raped her. His threats to her included that she would be taken to Scotland unless she agreed to go through with the wedding. The petition to bring the malefactors to justice offered the opportunity to claim that throughout the realm 'various people of power, moved by insatiable covetousness against all rightful courtesy, truth and good conscience' have deployed nefarious schemes 'to endanger, trouble and mistreat all ladies, gentlewomen and other women who are single' and who were substantial property holders. As on other occasions where specific cases of rape were brought to the attention of parliaments, it was really a general point which was being made. Attacks on women were a sure way of alleging that lawlessness was at high point.

The kind of incident occurring in England at this stage is also represented in the petition of Walter Ingham against Thomas Dennys which was certainly intended for submission to parliament (Parliament of 1453, Appendix item 6). That it was actually submitted may be confirmed by reference in a letter of Dennys himself which speaks of a 'strange act being passed against me in the Higher House before the lords', and which he hopes will not pass into the Common house. His letters can be dated to Wednesday second week of Lent, but it was not sent to John Paston until after the death of Cardinal Kemp was known sometime after 22 March (Parliament of 1453, Appendix item 5). The postcript ends with the curious expression 'and the king is relieved'. If this is a reference to the arrangements made for government around 27 March, then it may be that it summarises in one word the notion of the king needing to be spared the troubles of state in order for his recovery to be speeded.

It is unlikely that the parliament continued for many weeks after the protectorship was established. The parliament was still sitting on 15 April when 'in the council chamber in the time of parliament' it was ordered that the collectors of the lay subsidy not pay out any sums or tallies assigned to Ireland until it was decided who should be lieutenant there. (fn. int1453-98) The latest date on the roll, 16 April, is cited in item 42 where the decision to levy loans from towns for the keeping of the sea is noted. On the same day a letter was sent in the name of the king to a group of peers including York, ordering attendance at a council at Westminster on 6 May. (fn. int1453-99) This was intended to be concerned with both domestic as well as international matters: 'all true subjects ought to take to heart the necessary and appropriate provision for the tranquil rule of this our realm internally as well as for the defence of it externally, and especially for the safeguard of Calais and its marches'. On the next day, 17 April, another letter was issued on the advice of the council to the same peers with others added. This concentrated on the jeopardy that Calais stood in and spoke of news of an impending French attack with a very large army. (fn. int1453-100) It mentioned how the lords who had been present in the parliament had granted a number of troops at their own expense for the relief of the siege, with many also agreeing to go in person. Reminding all of 'what a jewel Calais was to the realm', they urged such troops to be ready within 15 days warning. The expression 'such lordes of our land as have been present now late in our parliament' implies that the parliament is now over. Whether the lords had already left Westminster and hence needed to be summoned back is not clear. (fn. int1453-101) Thus the end of the parliament has been considered to be around but probably before 17 April. It is possible that the decision taken on 16 April concerning the raising of funds for the keeping of the sea was in fact taken after the parliament by York and the council but registered on the parliament roll. On the other hand, the evidence we have for issue of writs de expensis for MPs would suggest a closing date of 18 April. (fn. int1453-102)

The parliament ended with York as protector and Somerset in the Tower. We must not forget the unusual and unprecedented circumstances under which this had occurred. Whilst a protectorship had been an obvious necessity in Henry VI's minority, with an end in sight once the king came of age, the creation of a protectorship for an adult king who was present in the kingdom was unprecedented and constantly problematic. It is fair to conclude that the roll disguises the considerable political tensions of the times, not only those of the last session when the protectorate was established but also those of the previous year when York and his supporters were excluded and under attack. What the roll shows clearly is how York endeavoured to re-establish and safeguard his own position whilst at the same time emphasizing the need for collective responsibility. The unusually detailed and near continuous narrative of the roll for the final session was a deliberate creation so that York and his fellow lords record and thereby justify to the king and realm in the future the solutions which they had been forced to come to as a result of Henry's own incapacity and Kemp's death. In this context, it is relevant to note that when the king showed signs of recovery in December 1454, it soon became apparent that he could remember nothing of events since his collapse in the summer of 1453. (fn. int1453-103) But it was not long before he began to unpick some of the acts of the last session on the parliament. Somerset was released in late January/early February 1455 and York was deemed to have resigned the protectorship. Subsequently his captaincy of Calais was terminated and Somerset restored to the position and to royal favour. Armed conflict subsequently ensued.

Text and translation

[memb. 27]
[p. v-227]
[col. a]
ROTULUS PARLIAMENTI DE ANNIS REGNI REGIS HENRICI SEXTI TRICESIMO PRIMO ET TRICESIMO SECUNDO. THE ROLL OF THE PARLIAMENT FOR THE THIRTY-FIRST AND THIRTY-SECOND YEARS OF THE REIGN OF KING HENRY THE SIXTH [1453].
Pronunciatio parliamenti. The opening of parliament.
[1.] Memorandum quod sexto die Marcii, anno regni regis Henrici sexti post conquestum tricesimo primo, ipso domino rege apud villam de Redyng', regali solio in domo refectorii abbatie ibidem ad hoc preparata residente; presentibus etiam quampluribus dominis spiritualibus et temporalibus, ac communibus regni Anglie, ad parliamentum tunc ibidem summonitum de mandatis regiis convocatis; venerabilis pater Willelmus [Lincoln'] episcopus, (fn. v-227-5-1) [Johanne] archiepiscopo Cantuar' cancellario Anglie tunc absente, ex dicti domini regis mandato, causas summonitionis parliamenti declaravit, et edixit que saltem fuerunt pro sana et solida gubernatione regni Anglie interius, ac defensione ejusdem exterius habendum: quibus sic notabiliter edictis et declaratis, idem episcopus prefatis communibus nomine regio dedit firmiter in mandatis, quod in domo sua communi in crastino convenirent, et unum prelocutorem suum eligerent, ac sic electum eidem domino regi presentarent. Et ut justicia conqueri volentibus posset celerius adhiberi, idem dominus rex certos receptores et triatores petitionum in dicto parliamento exhibendarum constituit et assignavit, in forma sequenti: [1.] Be it remembered that on 6 March in the thirty-first year of the reign of King Henry the sixth since the conquest [1453]in the town of Reading, with the lord king sitting on the royal throne in the refectory of the abbey which had been prepared for this pupose, with very many lords spiritual and temporal and the commons of the realm of England also present, having been summoned to the present parliament by royal command; John, archbishop of Canterbury, chancellor of England, then being absent, the venerable father William, bishop of Lincoln, (fn. v-227-5-1) declared the reasons for the summons of parliament at the command of the said lord king and made known that they were, at the least, in order to have wise and sound governance within the realm of England and the defence of the same externally: when this had been proclaimed and declared in fine fashion, the same bishop ordered the aforesaid commons in the king's name that they should assemble the following day in their common chamber, and they should elect one their speaker and present him thus elected to the same lord king. And so that justice might be given more quickly to those who wished to complain, the same lord king appointed and assigned certain receivers and triers of petitions to be presented in the said parliament, in the following form:
2. Receivours des petitions d'Engleterre, Irland, Gales, et Escoce:

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

  • Sir Thomas Kirkeby
  • Sir John Faukes
  • Sir Richard Fryston.
3. Receivours des petitions de Gascoigne, et d'autres terres et paiis de par dela, et des Isles:

  • Maistre Thomas Kent, le dean de Seint Severins de Burdeux
  • Sir Richard Langport.
3. Receivers of petitions from Gascony, and the other lands and countries overseas, and from the Channel Islands:

  • Master Thomas Kent, the dean de St Severin of Bordeaux
  • Sir Richard Langport.
Et ceux qe voillent deliverer lour petitions, les baillent deins .viij. jours proscheins ensuantez. And those who wish to submit their petitions should deliver them within the next following eight days.
[col. b]
4. Et sount assignez triours des petitions d'Engleterre, Irlande, Gales, et Escoce:

  • L'archevesqe d'Everwyk
  • L'evesqe de Loundres
  • L'evesqe de Wynchestr'
  • L'evesqe de Norwyce
  • Le count de Warr'
  • Le count de Devon'
  • Le count d'Oxenford
  • L'abbe de Redyng
  • L'abbe de Seint Austyn
  • L'abbe de Abyndon
  • Le sire de Grey de Ruthyn
  • Le sire de Graystok
  • Le sire de FitzHugh
  • Sir Johan Fortescu.
4. And the following are assigned triers of petitions for England, Ireland, Wales, and Scotland:

  • The archbishop of York
  • The bishop of London
  • The bishop of Winchester
  • The bishop of Norwich
  • The earl of Warwick
  • The earl of Devon
  • The earl of Oxford
  • The abbot of Reading
  • The abbot of St Augustine's
  • The abbot of Abingdon
  • Lord Grey of Ruthin
  • Lord Greystoke
  • Lord FitzHugh
  • Sir John Fortescue.
- toutz ensemble, ou quatre des prelates et seignurs avauntditz, appellez as eux les chaunceller et tresorer, et auxi les sergeauntez du roy, quaunt y bosoignera. - 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.
5. Et sount assignez triours des petitions de Gascoigne, et d'autres terres et paiis de par dela, et des Isles:

  • Le duc de Norff'
  • L'evesqe de Saresbury
  • L'evesqe de Baa
  • L'evesqe de Nicoll
  • Le counte de Saresbury
  • Le counte de Salop
  • Le counte de Wurcestr'
  • L'abbe de Gloucestr'
  • L'abbe de Bataill
  • L'abbe de Hyde
  • Le sire de Cromwell
  • Le sire de Duddeley
  • Le sire de SeintAmond
  • Sir Johan Prysot.
5. And the following are assigned triers of petitions for Gascony, and the other lands and countries overseas, and for the Channel Islands:

  • The duke of Norfolk
  • The bishop of Salisbury
  • The bishop of Bath
  • The bishop of Lincoln
  • The earl of Salisbury
  • The earl of Shrewsbury
  • The earl of Worcester
  • The abbot of Gloucester
  • The abbot of Battle
  • The abbot of Hyde
  • Lord Cromwell
  • Lord Dudley
  • Lord St Amand
  • Sir John Prysot.
- toutz ensemble, ou quatre des prelates et seignurs avauntditz, appellez as eux les chaunceller et tresorer, et auxi lez serjantz du roy, quaunt y bosoignera. - 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.
[editorial note: Presentatio prelocutoris.] [editorial note: Presentation of the speaker.]
6. Item, octavo die Martii prefati communes coram domino rege in pleno parliamento comparentes, presentarunt eidem domino regi, Thomam Thorp, pro communi prelocutore suo in eodem parliamento, de quo idem dominus rex se bene contentavit. Qui quidem Thomas, post excusationem suam coram domino rege factam, pro eo quod ipsa sua excusatio ex parte dicti domini regis admitti non potuit, eidem domino regi humillime supplicavit, quatinus omnia et singula per ipsum in parliamento predicto nomine dicte communitatis proferenda et declaranda, sub tali posset protestatione proferre et declarare, quod si ipse aliqua sibi per [p. v-228][col. a] prefatos socios suos injuncta, aliter quam ipsi concordati fuerint, aut in addendo vel omittendo declaraverit, ea sic declarata per predictos socios suos corrigere posset et emendare; et quod protestatio sua hujusmodi in rotulo parliamenti predicti inactitaretur. Cui per prefatum episcopum de mandato domini regis extitit responsum, quod idem Thomas tali protestatione frueretur et gauderet, quali alii prelocutores hujusmodi ante ea tempora uti et gaudere consueverunt. 6. Item, on 8 March the aforesaid commons, who had come before the said lord king in full parliament, presented Thomas Thorpe to the same lord king as their speaker in the same parliament, whom the same lord king readily accepted. Which Thomas, after having made his excuse before the lord king, as his excuse itself was unable to be accepted on behalf of the said lord king, humbly beseeched the same lord king that he might be able to say and declare each and everything to be said and declared by him himself in the aforesaid parliament, in the name of the said commons, under such protestation that if he himself declared anything enjoined to him by [p. v-228][col. a] his aforesaid fellows other than they themselves were agreed, or added or omitted anything, he might correct himself and put himself right in what he had declared, by the advice of his aforesaid fellows; and that this his protestation be enrolled on the roll of parliament. To which it was replied by the aforesaid bishop, at the command of the said lord king, that the same Thomas might enjoy and have the benefit of such protestation as other such speakers have been accustomed to use and enjoy in the past.
[memb. 26]
Concessio unius .xv. e et .x. e . The grant of a fifteenth and a tenth.
7. Memorandum, quod communes regni Anglie in presenti parliamento existentes, et coram domino rege, in pleno parliamento predicto, vicesimo octavo die Martii, anno predicto, comparentes, per Thomam Thorp 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 sex milibus librarum de eisdem quintadecima et decima, sub certa forma in quadam indentura inde confecta, et domino regi die illo in eodem parliamento exhibita contenta, deducendis, de laico populo regni Anglie levandas. 7. Be it remembered that the commons of the realm of England assembled in the present parliament and being present before the lord king in the aforesaid full parliament on 28 March in the aforesaid year declared through Thomas Thorpe, their speaker, how they, 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 to be levied on the laity of the realm of England, except for £6,000 to be deducted from the same fifteenth and tenth, under a certain form contained in a certain indenture made thereupon and presented to the lord king that day in the same parliament.
Tenor cujus indenture sequitur in hec verba: The tenor of which indenture follows in these words:
To the worschip of God, we your pouere communes, by your high commaundement commen to this youre present parlement, for the shires, citees and burghs of this youre noble realm, by thassent of all the lordes spirituell and temporell, by youre auctorite royal in this youre said parlement, graunt by this present indenture to you oure soveraigne lord, for the defence of this youre said realm, a hole quinszisme, and a hole disme, except the summe of .vi. .m.li. to be deduct therof, in relief and comfort of pouere tounes desolate, wasted and destroied, or to the said hole quinszisme, and hole disme overe gretly charged, or to gretly empoverisshed; the said hole quinszisme, and hole disme, except before except, to be paied and leveid of the godes and moevables of the laie people of this youre realm, in the manere and fourme accustumed; that oon moyte of the said hole quinszisme, and hole disme, except afore except, to be paied to you soveraigne lord, atte feste of Saint Martyn in wynter next commyng, and that other moyte of the hole quinszisme, and hole disme, except before except, to be paied atte feste of Saint Martin in wynter thenne next suyng: alwey forseyn, that the citee of Lincoln, nother the inhabitauntz of the same, the subarbes and the procincte therof, nother the toune of Mochell Jernemouth, in the shire of Norff', nother the inhabitauntz therof, of the said hole quinszisme, and hole disme, or to eny partie therof, by force of this said graunte to paie be not compelled, nother in eny wyse charged, for eny goode that they have withinne the said citee and toune; but that they, theire heirs and successours, ayenst you soveraigne lord, youre heirs and successours, therof and of every parcell therof be utterly quite and discharged. And that semblable auctorite and power be hadde and ordeigned for the said deduction duely to be made, as hath been afore this tyme, for the deduction of .vi. .m.li. of an hole quinszisme, and an hole disme, to you afore this tyme graunted, and thallouaunce therof to be hadde. And that it may be ordeigned by auctorite of this present parlement, that such persone or persones in shires, citees and burghes, that have lent eny goode to you soveraigne lord, sith Michelmas last passed, by vertue of youre commissions, late directe to certein commissioners, in diverse shires, citees and burghs, for the defence of this lande, so the said goodes so lent may appere of record in eny of youre courtes, that they may be paied again of the [col. b] said quinszisme, and disme, by the handes of the collectours of thoo shires, where the said persone or persones be conversant, by thoversight of some of the said commissioners, and the knyghtes of the shires, citezeins and burgesis of this present parlement: and that the seid collectours of all such paiementz therof made, to be allowed in youre eschequier, by true and sufficiantz acquietauncez therof to be shewed. Provided alwey, that ther be noon assignementz assigned by you soveraigne < lord, > to such persone or persones to which they have agreed; and that it may be ordeigned by auctorite aforesaid, that noo knyghtes, citezeins, burgeis, that be come hider to youre said parlement, for shires, citees or burghs, or eny of theym, be made collectours, or in eny wyse be compelled to gadder the seid quinszisme and disme, or eny partie therof. For the honour of God, we your poor commons who have come by your high command to this your present parliament for the counties, cities and boroughs of this your noble realm, by the assent of all the lords spiritual and temporal in this your said parliament by your royal authority, grant by this present indenture to you our sovereign lord for the defence of this your said realm a whole fifteenth and a whole tenth, except for the sum of £6,000 therefrom to be deducted for the relief and comfort of the poor towns which are desolate, laid waste and destroyed, or which are too much overburdened or too much impoverished by the said whole fifteenth and whole tenth; the said whole fifteenth and whole tenth, save for the previous exception, to be paid and levied on the goods and moveables of the laity of this your realm in the accustomed manner and form; the one half of the said whole fifteenth and whole tenth, save for the previous exception, to be paid to you sovereign lord at Martinmas next coming, and the other half of the whole fifteenth and whole tenth, save for the previous exception, to be paid at Martinmas then next following: saving always that neither the city of Lincoln, nor the inhabitants of the same, the suburbs and precinct thereof, nor the town of Great Yarmouth in Norfolk, nor the inhabitants thereof, shall be compelled to pay the said whole fifteenth and whole tenth, or any part of them, by force of this said grant, nor charged in any way for any goods that they have inside the said city and town; but that they, their heirs and successors shall be completely quit and discharged of this, and of every part of it, towards you sovereign lord, your heirs and successors. And that similar authority and power shall be granted and ordained for the said deduction duly to be made as there has been in the past for the deduction of £6,000 from a whole fifteenth and a whole tenth granted to you in the past, and the allowance of this to be granted. And that it might be ordained by the authority of this present parliament that such a person or persons in the counties, cities and boroughs who have lent any goods to you sovereign lord since Michaelmas last past by virtue of your commissions recently directed to certain commissioners in various counties, cities and boroughs for the defence of this land, so the said goods thus lent may appear on record in any of your courts, that they might be repaid from the [col. b] said fifteenth and tenth by the hands of the collectors of those counties where the said person or persons are living, by the supervision of some of the said commissioners and the knights of the shires, citizens and burgesses of this present parliament: and that the said collectors of all such payments made thereof be allowed in your exchequer by true and sufficient acquittances to be shown thereupon. Provided always that there shall be no assignments assigned by you sovereign lord to such a person or persons save that which they have agreed; and that it might be ordained by the aforesaid authority that no knights, citizens [and] burgesses who shall come here to your said parliament for the counties, cities or boroughs, or any of them, shall be made collectors, or be compelled in any way to collect the said fifteenth and tenth, or any part of it.
Concessio tonagii et poundagii. The grant of tunnage and poundage.
8. Declaravit insuper idem prelocutor, eodem die, 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 adtunc ibidem sunt exhibita contenta levanda. Cujus etiam indenture tenor sequitur in hec verba: 8. The same speaker declared in addition on the same day, in the name of the aforesaid commons, how they themselves, with the assent of the aforesaid lords spiritual and temporal, had granted to the aforesaid lord king a certain subsidy to be levied on both denizens and on aliens under a certain form contained in another certain indenture made thereupon, and then presented to the same lord king there. The tenor of which indenture also follows in these words:
To the worship of God, we youre pore communes, by youre high commaundement comen to this youre present parlement, for the shires, citees and burghs of this youre noble realm, by thassent of all the lordes spirituelx and temporelx in this youre present parlement assembled, graunte by this present indenture to you oure soveraine lord, for the defence of this your seid realm, and in especiall for the saufgarde and kepyng of the see, a subsidie called tonage, to be taken in maner and forme that folowith: that is to say, .iij. s. of every tonne of wyne comyng into this youre said realm, and of every tonne of swete wyne comyng unto the same realm, by eny merchaunt alien, aswell by merchauntz of Hansze and of Almoyne, as of any other merchauntz alien, .iij. s. over the seid .iij. s. afore graunted; to have and to perceyve yerely the said subsidie, from the .iij. day of Aprill, that shall be in the yere of Oure Lord .mccccliiij., for terme of youre lyfe naturell. And over that, we youre seid communes, by thassent aforeseid, graunte to you oure said soveraine lord, for the saufgarde and kepyng of the see, [another] subsidie called poundage: that is to sey, of all maner of merchaundize of every merchaunt denizin and alien, aswell of the merchauntz of Hansze and of Almayn, as of any other merchaunt alien, caried oute of this youre said realm, or brought into the same, by wey of merchaundise, of the value of every .xx. s., .xij. d., except tynne, wherof the merchauntz straungers, to paie for subsidie of the value of every .xx. s., .ij. s., and the merchaunt denizine, .xij. d., and all suche manere of merchaundise of every merchaunt deniszine, to be valued after that they coste atte furste biyng or achate, by theire othes, or of theire servauntz, biers of the seid merchaundisez in theire absence, or by theire letters, the which the same merchauntz have of suche bying and wyne; and out take every maner of corne, floure, and fresshfyssh and bestall entring into this youre said realm, and except ale, and al manere of vitaile that be to be caried oute of this youre said realm, for the vitaillyng of youre towne of Caleys, and of the marches there under youre obeissaunce; to have and to perceive yerely the said subsidie of poundage, fro the seid .iij. day of Aprill forward [p. v-229][col. a] duryng youre lyfe naturell, except that is afore except: and yf any concelement be founde in the seid merchauntz of the duetee aforesaid, that they paie therof the double subsidie of that that is founden not custumed; and that thees grauntes be not taken ensample to the kynges of Englond in tyme to come. And that it please youre highnes, that aswell merchauntz denisins, as straungers, commyng into youre said realm with theire merchaundises, be well and honestly entretid and demened in their subsidies, and all other thinges; and that the seid merchauntz be entreted and demened, as they were in the tyme of youre noble progenitours, without oppression to be doon to the merchauntz aforesaid, by the tresorer of Englond for the tyme beyng, custumers, countrollours, sercheours, or ony other officers, paiyng theire subsidies abovesaid: and that the seid subsidies and every parcell of theym, be emploied and applied for the saufgarde and kepyng of the see, and defence of this youre seid realm, in manere and fourme as it is before reherced, and in none other wyse. (fn. v-227-37-1) For the honour of God, we your poor commons who have come by your high command to this your present parliament for the counties, cities and boroughs of this your noble realm, by the assent of all the lords spiritual and temporal assembled in this your present parliament, grant by this present indenture to you our sovereign lord, for the defence of this your said realm, and in particular for the safeguard and keeping of the sea, a subsidy called tunnage to be taken in the manner and form which follows: that is to say, 3 s . on every tun of wine imported to this your said realm, and on every tun of sweet wine imported to the same realm by any alien merchant, by both merchants of Hanse and of Germany and by any other alien merchants, 3 s . in addition to the said 3 s . previously granted; to have and to receive the said subsidy each year from 3 April 1454 for the term of your natural life. And in addition we your said commons, by the aforesaid assent, grant to you our said sovereign lord for the safeguard and keeping of the sea another subsidy called poundage: that is to say, on all manner of merchandise of every denizen and alien merchant, of both the merchants of Hanse and of Germany and of any other alien merchant, exported from this your said realm or imported to the same as merchandise, on the value of every 20 s ., 12 d ., except tin on which the foreign merchants shall pay 2 s . for the subsidy on the value of every 20 s ., and the denizen merchants 12 d ., and all such manner of merchandise of every denizen merchant to be valued according to what it cost on its first buying or selling by their oaths or of their servants, the buyers of the said merchandise in their absence, or by their letters which the same merchants have from such buying and wine; and except for all manner of corn, flour and fresh fish and beasts entering this your said realm, and except for ale and all manner of victuals that shall be exported from this your said realm for the victualling of your town of Calais and of the marches there under your obedience; to have and to receive the said subsidy of poundage each year from the said 3 April onwards [p. v-229][col. a] during your natural life, save for that which is previously excepted: and if any concealment is found of the aforesaid duty by the said merchants, that they shall pay twice the subsidy on that which is found uncustomed; and that these grants shall not be taken as an example by the kings of England in future. And that it might please your highness that both denizen and foreign merchants who enter your said realm with their merchandise shall be well and honestly treated and dealt with in their subsidies and all other things; and that the said merchants be treated and dealt with as they were in the time of your noble progenitors, without oppression to be caused to the aforesaid merchants when paying their abovesaid subsidies by the treasurer of England at the time, customs officers, controllers, searchers, or any other officers: and that the said subsidies and every part of them shall be used and applied for the safeguard and keeping of the sea and defence of this your said realm, in the manner and form as is mentioned above, and in no other way. (fn. v-227-37-1)
Concessio subsidium lanarum et pellium lanutarum. The grant of subsidy on wool and woolfells.
9. And over that, we youre seid pore communes, by thassent aforesaid, graunt to you oure said soveraine lord, for the grete affection and true humble hertis that we have to youre highnesse, by the same assent, for the defence of this youre noble realm, a subsidie of wolles, wolfell and hydes, to be paied and leveid in manere and fourme that folowith: that is to sey, of every merchaunt deniszine, for the subsidie of every sakke of wolle, .xliij. s. .iiij. d., and of every .ccxl. wolfell, .xliij. s. .iiij. d., and of every last of hydes, .c. s.; to have and perceive the seid subsidie, from the seid .iij. day of Aprill, for terme of youre lyfe. And of every merchaunt straungere, not borne youre liege man, aswell thoos that been made deniszins, or hereafter shal be made by youre lettres patentes or otherwyse, os other merchauntz straungers, of every sakke of wolle, .c. s., and of every .ccxl. wolfell, .c. s., and of every laste of hydes, .cvi. s. .viij. d., going oute of this youre said realm; to have and to perceive the seid subsidies, of the merchaundises of the seid aliens, from the furst day of this youre present parlement, during youre naturell lyfe; the oon halfe of all the seid subsidies, by the merchauntz deniszins to be paied at the ende of .vi. monethes next after the going oute of the same merchaundises, and the other halfe, at the ende of .vi. monethes then next folowyng, for to dispose and ordeine after youre right graciouse wille and discrecion, for the defence abovesaid. Provided alwey, that the seid merchauntz straungers, not born youre liege men, aswell thoos that been made deniszins, os been not made deniszins, be not charged by the graunte made unto you of the subsidie of woll and wolfell, in youre parlement holden at Westm', and ended at Wynchestr', the .xxvij. yere of youre reigne, from this tyme forward, but that they be discharged be force of this present acte, from the furst day of this present parlement. And if any merchaundises of wolle, wolfell, hides, wollen clothe, or any other merchaundise, of any merchaunt deniszin borne youre liegeman, which merchaundise shall passe oute of this lande after the seid .iij. day of Aprill, duryng the terme of the seid graunte, be taken by enemyes uppon the see, or perisshed by infortune in any shippe or shippes, that shall happe to be taken or perisshed hereafter within the tyme of this graunte, whereof the subsidie to you due or to be due, is or shall be duely paied or agreed, or suertee therfore founde withoute fraude or collusion; and suche loste or lostes as is before rehersed, be founde or proved before the tresorier of Englond, or the chief baron of youre eschequier for the tyme beyng, by thexamination of the same merchauntz if they be oon lyfe, or of theire executours if they be dede, or two true credible persones sworne, witnessyng the same, or [col. b] other resonable wittenesse and proves sworn, witnessyng the same merchaundise so to be lost or perisshed; that thenne the seid merchauntz deniszins, that were or shall be owners of the seid wolle, or wolfell, hides, wollenclothe, or of other merchaundise, as was so perisshid or loste, if they be on lyfe, or theire executours if they be dede, and every of theim, be force and vertue of the seid auctorite, when theim liketh duryng the seid terme, shall mowe shippe as much wolle, wolfell, hydes, wollenclothe, or other merchaundise, in the same porte or portes, in which the same wolle, wolfell, hydes, wollenclothe, or other merchaundise were shipped, as was so perisshed or loste, withoute any subsidie of the wolles, wolfell, hides, wollenclothe, or other merchaundise, or any other subsidie nowe graunted, to be hadde or paied therfore to you in any wyse. And that all suche prove of the seid merchaundise so loste or perisshed, be certified into youre chauncerie of recorde, by youre seid tresorier or chief baron of youre eschequier; and that after suche certificate made,             the chaunceller of Englond for the tyme beyng, doo make and delivere to the seid merchauntz, or thattorneys of theim, as many writtz or warantz, to be directe aswell to the custumers in the seid porte or portes, as to the tresorier and barons of youre eschequier for the time beyng, suche and as many as to the seid merchauntz, theire executours, or attourneys of theym and of every of theyme, shall be necessarie and behovefull in that partie: and that every merchaunt deniszine, that shippeth any wolle, wolfelle, or other merchaundise hereafter, in any caryk or galee, that than he paie subsidie as a straungere. And that it please youre highnesse, for the saufgarde and kepyng of youre toune of Caleys, castell and the marches there, and for redy paiement to be made for the wages and vitaille, and other stuffe necessarie to the soudeours and officers of the same toune, castell and marches, and for youre werkes and reparations there full necessarie, to ordeine and establisshe by thassent and auctorite abovesaid, that parcell of the same subsidies of wolle, wolfelle and hides, may be emploied and applied to the paiement of the said wages, vitaille, stuffe and werkes, in the fourme that foloweth: that is to sey, .xiij. s. .iiij. d. therof, to be applied for the paiement of the wages of the soudeours of youre seid toune and castell of Caleys, and the marches aforesaid, by the tresorer of Caleys for the tyme beyng, and .vi. s. .viij. d. therof, for the paiement of the seid vitaille, and other thinges necessarie for the saufgarde of youre seid toune, castell and marches there, to be taken by the handes of the custumers or collectours of the seid subsidie for the tyme beyng, by severall indentures betwix the seid tresorer and viteiller of Caleys and theim to be made. And of the residue of the seid subsidie of wolle, wolfell and hydes, suche summes of money to be applied for the reparations of Rysbank, and the jutee there, and for the defense of this youre realm, after the high wisdom of you oure said soveraine lord, and by thavyce of youre wyse and discrete counceill, as it shall seme to youre wysdoms nedefull, and for the tyme most necessarie: and that it be ordeined by auctorite abovesaid, that the tresorer and vitailler of Caleys for the tyme beyng, accompte every second yere for the revenues of theire offices, for the yere next before, upon peine of .d.li.; the oon half therof, to be emploied and applied to thexpenses of youre honourable houshold, and the other half thereof, to him or theim that woll sue in this caas. Provided alwey, that this acte extende not nor in any wise be prejudiciall nor in derogation to Margret quene of Englond. Provided also, that neither this acte, neither noo thing in it conteigned, be prejudiciall nor hurt to Humfrey [p. v-230][col. a] duc of Bukyngham, late capiteine of the toune and castell of Caleys, and of the toure of Risebanke, as to or for an acte for him made in youre parlement holden and begunne at Westm', the .vi. day of Novembre the yere of youre reigne .xxviij. and ended at Leycestr', as for unto his paiement and contentation of suche summe and duetees, as then were or shuld be due or belongyng to him, for the arrerages of the wages and rewardes of him, his lieutenauntz and soudeours, late entendyng for the saufgard of the same toune, castell and toure, by all the tyme that the seid duc thereof stode capitain, as in the seid acte it is conteigned more pleynly. And that the same duc and his executours, by auctorite of this same parlement, have, take and perceive and enjoye, al maner of custumes and subsidies, commyng or growing of al manere goodes and merchaundises whatsoever they be, which shall come into the porte of Sandewiche, and in all other places to the same porte belongyng, there to be putte to lande, or to passe out of the same over the see by wey of merchaundise, by the handes of the custumers or collectours of the same custumes and subsidies in the seid porte of Sandewiche for the tyme beyng: and oon of theym to be named by the seid duc, and chargeable to him accordyng to the seid acte of .xxviij. yere aboveseid, to the seid duc and his executours be fully paied and content, of as muche of the said summe and duetees as is to him due, not paied, nor content. Provided also, that it be leeful to the maire and citezins of youre citee of Lincoln, and theire successours for the tyme beyng, to shippe or doo shippe in youre portes of Kyngeston upon Hull and Boston, and to carie unto youre staple of Caleys yerely, by the space of .v. yere, withinne the seid tyme to their use and and [sic][memb. 25] proufit, and to the use of the said citee, .lx. sakkes of wolle, of the growyng of any parties or partie withinne this youre said realm, other than of youre countees of Westmerland and Cumberland, withoute any subsidie of the seid .xliij. s. .iiij. d. of or for the seid .lx. sakkes of wolle, to you, youre heirs or successours, in any wyse to be paied, so that they accompt therof yerely in youre eschequier. 9. And in addition, we your said poor commons, by the aforesaid assent, grant to you our said sovereign lord, on account of the great affection and true, humble devotion that we have for your highness, by the same assent, for the defence of this your noble realm, a subsidy of wool, woolfells and hides to be paid and levied in the manner and form which follows: that is to say, for the subsidy from every denizen merchant on every sack of wool, 43 s . 4 d ., and on every 240 woolfells, 43 s . 4 d ., and on every last of hides, 100 s .; to have and receive the said subsidy from the said 3 April for the term of your life. And from every foreign merchant not born your liegeman, both those who have been made denizens or who shall be made in future by your letters patent or otherwise, and other foreign merchants, on every sack of wool, 100 s ., and on every 240 woolfells, 100 s ., and on every last of hides, 106 s . 8 d ., exported from this your said realm; to have and to receive the said subsidies on the merchandise of the said aliens from the first day of this your present parliament during your natural life; the one half of all the said subsidies to be paid by the denizen merchants at the end of six months next after the export of the same merchandise, and the other half at the end of the next following six months, to be used and ordained according to your most gracious will and discretion for the abovesaid defence. Provided always that the said foreign merchants not born your liegemen, both those who have been made denizens and those who have not been made denizens, shall not be charged from this time forward by the grant made to you of the subsidy on wool and woolfells in your parliament held at Westminster and concluded at Winchester in the twenty-seventh year of your reign, but that they shall be discharged by the force of this present act from the first day of this present parliament. And if any merchandise of wool, woolfells, hides, woollen cloth, or any other merchandise of any denizen merchant born your liegeman, which merchandise shall pass out of this land after the said 3 April during the term of the said grant, is seized by enemies at sea, or is lost on any ship or ships by misfortune which happen to be seized or lost hereafter within the term of this grant on which the subsidy due or to be due to you is or shall be duly paid or agreed, or guarantee is found for this without fraud or collusion; and such loss or losses as is mentioned above is found or proved before the treasurer of England, or the chief baron of your exchequer at the time, by the examination of the same merchants if they are alive, or of their executors if they have died, or two honest, credible, sworn persons who witnessed the same, or [col. b] other reasonable, sworn witnesses and those who can testify who witnessed the same merchandise thus to be lost or perished; that then the said denizen merchants who were or shall be owners of the said wool, or woolfells, hides, woollen cloth or of other merchandise as was thus perished or lost, if they are alive, or their executors if they have died, and each of them, by force and virtue of the said authority, when it pleases them during the said term, may ship as much wool, woolfells, hides, woollen cloth or other merchandise in the same port or ports in which the same wool, woolfells, hides, woollen cloth or other merchandise was shipped as was thus perished or lost, without paying any subsidy on the wool, woolfells, hides, woollen cloth or other merchandise, or any other subsidy now granted, to be had or paid thereupon to you in any way. And that all such proof of the said merchandise so lost or perished shall be certified in your chancery on record by your said treasurer or chief baron of your exchequer; and that after such certification has been made the chancellor of England at the time shall make and deliver to the said merchants, or their attorneys, as many writs or warrants to be directed to both the customs officers in the said port or ports and to the treasurer and barons of your exchequer at the time, such and as many as shall be needful and beneficial to the said merchants, their executors, or the attorneys of them and of each of them in that regard: and that every denizen merchant who ships any wool, woolfells, or other merchandise hereafter in any carrack or galley shall then pay the subsidy as a foreigner. And that it might please your highness, for the safeguard and keeping of your town of Calais, the castle and the marches there, and for ready payment to be made for the wages and victuals and other material necessary for the soldiers and officers of the same town, castle and marches, and for your most necessary works and repairs there, to ordain and establish by abovesaid assent and authority, that part of the same subsidies on wool, woolfells and hides may be employed and applied for the payment of the said wages, victuals, material and works in the form which follows: that is to say, 13 s . 4 d . of it to be applied for the payment of the wages of the soldiers of your said town and castle of Calais and the aforesaid marches by the treasurer of Calais at the time, and 6 s . 8 d . of it for the payment of the said victuals and other things necessary for the safeguard of your said town, castle and marches there, to be taken by the hands of the customs officers or collectors of the said subsidy at the time by several indentures to be made between the said treasurer and victualler of Calais and them. And of the rest of the said subsidy on wool, woolfells and hides, such sums of money to be applied for the repairs of Rysbank and the jetty there, and for the defence of this your realm according to the high wisdom of you our said sovereign lord, and by the advice of your wise and discreet council, as it shall seem needful to your wisdoms and for the time most necessary: and that it shall be ordained by abovesaid authority that the treasurer and victualler of Calais at the time shall account every second year for the revenues of their offices for the previous year, upon pain of £500; the one half of it to be employed and applied for the expenses of your honourable household, and the other half of it to him or them who will sue in this case. Provided always that this act shall not extend nor in any way be prejudicial to nor derogate Margaret, queen of Englnd. Provided also that neither this act nor anything contained in it shall be prejudicial to nor harm Humphrey, [p. v-230][col. a] duke of Buckingham, late captain of the town and castle of Calais and of the tower of Rysbank, as to or for an act made for him in your parliament held and commenced at Westminster on 6 November in the twenty-eighth year of your reign and concluded at Leicester, as regards his payment and satisfaction of such sums and duties as were then or should be due or belonging to him for the arrears of the wages and rewards of him, his lieutenants and soldiers who were recently employed for the safeguard of the same town, castle and tower for all the time that the said duke stood captain there, as it is more fully contained in the said act. And that the same duke and his executors shall have, take and receive and enjoy by authority of this same parliament all manner of customs and subsidies coming or accruing from all manner of goods and merchandise of whatever kind which shall come into the port of Sandwich, and in all other places beloging to the same port, to be put on land there or to be exported overseas from the same as merchandise by the hands of the customs officers or collectors of the same customs and subsidies in the said port of Sandwich at the time: and one of them shall be named by the said duke, and be accountable to him according to the said act of the abovesaid twenty-eighth year, until the said duke and his executors are fully paid and satisfied of as much of the said sum and duties as is due, unpaid or unsatisfied to him. Provided also that it shall be lawful for the mayor and citizens of your city of Lincoln and their successors at the time to ship or cause to ship in your ports of Kingston upon Hull and Boston and to carry 60 sacks of wool produced in any regions or region in this your said realm, other than in your counties of Westmorland and Cumberland, to your staple of Calais each year for a period of five years within the said time to their use and [memb. 25] profit, and for the use of the said city, without paying any subsidy of the said 43 s . 4 d . on or for the said 60 sacks of wool to you, your heirs or successors in any way, provided that they account for this each year in your exchequer.
Concessio subsidii de alienigenis infra regnum commorantibus. The grant of subsidy on aliens dwelling in the realm.
10. Also we youre seid pore commons, by thassent abovesaid, graunte by this present indenture to you oure said soverain lord, for the tuition and defense of this youre said realm, a subsidie to be paied and levied in manere and forme that foloweth: that is to sey, of every persone not borne within this youre said realm, londes of Irlond and Wales, people born in youre duchies of Gascoigne, Guyen and Normandie, nowe beyng, and that hereafter shall be under youre obeisaunce, except and forprisid, housholdyng withinne this youre said realm, .xvi. d.; and of every persone not borne within youre said realm, landes, duchies and isles, nor under youre obeisaunce, beyng within youre said realm, and not housholdyng withinne the same, .vi. d., except before except; to have and to perceive the seid subsidie yerely, to be paied to you oure said soveraine lord for terme of youre lyf. And also we youre said communes, for the said defense, graunte unto you oure said soveraine lord, another subsidie to be paied in maner and forme folowyng: that is to sey, of every Venician, Esterlyng, Italian, Januay, Florentyne, Milener, Lucan, Cateloner, Albertyn, Lumbard, Hansard, Prucier, beyng merchauntz, brokers or factours, or theire attourneys, not beyng denisins within this youre said realm, and all other merchauntz straungers borne out of youre said lordshippes, duchies and isles aforesaid, nor under youre obeisaunce, and dwellyng within this youre realm, or shal dwelle duryng youre naturell lyfe housholdyng within the same, .xl. s.; and of every Venician, Esterlinge, Italian, Januay, Florentyn, Milener, Lucan, Cateloner, Albertyn, Lumbard, [col. b] Hansard and Prucier, beyng brokers or factours, and theire attourneys, and all other merchauntz straungers born out of the seid lordship, duchies and isles, dwellyng, abydyng, repairyng or resortyng by the space of .vi. wokys withinne youre said realm, and not housholdyng withinne the same, but sojournyng in any place under youre obeisaunce with the seid merchauntz straungers, brokers or factours, or with any other of youre subgetts, .xx. s., to be levied and paied to you at the festes of Estre and Seint Michell next comyng by even portions; and so yerely of every of theym hereafter at the seid festes, duryng youre lyfe naturell. And if any of the seid Venician, Esterlyng, Italian, Januay, Florentyn, Milener, Cateloner, Albertyn, Lumbard, Hansard and Prucier, and other merchauntz straungers born out of youre said lordship, duchies and isles aforeseid, duellyng, abidyng, repairyng or resortyng within this youre realm of Englond, not holdyng houshold in manere and forme as it is afore reherced, departe out of youre said lande before the seid somme of .xx. s. to you contentid and paied, that than the persone or persones with whome thei were reseaunt and resortyng, be charged with the paiement of the seid .xx. s. And also we youre seid communes, for the seid defense graunte to you oure seid soveraine lord another subsidie, to be paied and levied in manere and fourme pursuyng: that is to sey, of every Venician, Esterlynge, Italian, Januay, Florentyne, Milener, Lucan, Cateloner, Albertyn, Lumbard, Hanszard, Prucier, and also other straungers merchauntz, brokers or factours, born out of youre seid duchies, lordship and isles, made deniszins by youre lettres patentes or otherwyse, or hereafter shall be made, within this youre realm, paie to you .x. marcs at the seid festes of Estre and Seint Michell < next comyng, by evyn > portions, and so yerely of every of theym hereafter at the seid festes, duryng youre lyfe naturell, thei beyng on lyfe. Provided alwey, that the collectours of the seid subsidies, in theire accompts to be yelden in youre eschequier, may have at every tyme by theire othes, due discharge and allouaunce of such as is not levable therof; and that the seid merchauntz, brokers, factours and attourneis straungers, ne the seid deniszins straungers, be not charged with the seid subsidies of .xl. s., .xvi. d.; nor .vi. d. Provided also, that noo knyghtes of the shire, citezeins nor burgeys, comen to this youre present parlement by youre high commmaundement, be in any wyse made commissioners or collectours of the same, or of any parte therof, other than nowe be shirreffs, or hereafter shall be for the tyme. 10. Also we your said poor commons, by the abovesaid assent, grant by this present indenture to you our said sovereign lord, for the protection and defence of this your said realm, a subsidy to be paid and levied in the manner and form which follows: that is to say, on every person not born within this your said realm, the lands of Ireland and Wales, people born in your duchies of Gascony, Guyenne and Normandy who are now and shall be under your obedience in future, except for and excluding those who are householders in this your said realm, 16 d .; and on every person not born within your said realm, lands, duchies and islands, nor who are under your obedience who are in your said realm and who are not householders in the same, 6 d ., save for the previous exception; to have and to receive the said subsidy each year, to be paid to you our said sovereign lord for term of your life. And we your said commons also grant to you our said sovereign lord for the said defence another subsidy to be paid in the following manner and form: that is to say, on all Venetians, Easterlings, Italians, Genoans, Florentines, Milanese, Luccans, Catalans, Albertines, Lombards, Hansards [and] Prussians who are merchants, brokers or factors, or their attorneys, who are not denizens, in this your said realm, and all other foreign merchants born outside your said lordships, duchies and aforesaid islands, nor under your obedience and dwelling in this your realm, or who shall dwell during your natural life as a householder in the same, 40 s .; and on all Venetians, Easterlings, Italians, Genoans, Florentines, Milanese, Luccans, Catalans, Albertines, Lombards, [col. b] Hansards and Prussians who are brokers or factors, and their attorneys, and all other foreign merchants born out of the said lordships, duchies and islands who are dwelling, abiding, repairing or returning in your said realm for a period of six weeks and who are not householders in the same, but remain in any place under your obedience with the said foreign merchants, brokers or factors, or with any of your other subjects, 20 s ., to be levied and paid to you at Easter and Michaelmas next coming in even portions; and so each year from each of them hereafter at the said feasts during your natural life. And if any of the said Venetians, Easterlings, Italians, Genoans, Florentines, Milanese, [Luccans], Catalans, Albertines, Lombards, Hansards and Prussians and other foreign merchants born outside your said lordships, duchies and aforesaid islands, dwelling, abiding, repairing or returning in or to this your realm of England who are not householders in the manner and form as it is said above, depart out of your said land before the said sum of 20 s . is paid and satisfied to you, that then the person or persons with whom they were residing and returning shall be charged with the payment of the said 20 s . And we your said commons also grant to you our said sovereign lord another subsidy for the said defence to be paid and levied in the following manner and form: that is to say, on every Venetian, Easterling, Italian, Genoan, Florentine, Milanese, Luccan, Catalan, Albertine, Lombard, Hansard, Prussian and also other foreign merchants, brokers or factors born outside your said duchies, lordships and islands made denizens by your letters patent or otherwise, or shall be made herafter, in this your realm, shall pay 10 marks to you at the said Easter and Michaelmas next coming, in even portions, and so each year from each of them hereafter at the said feasts during your natural life, and during their own. Provided always that the collectors of the said subsidies may have due discharge and allowance by their oaths at all times in their accounts to be submitted in your exchequer of such as is not liable to be levied thereupon; and that the said foreign merchants, brokers, factors and attorneys, or the said foreign denizens shall not be charged with the said subsidies of 40 s ., 16 d .; nor 6 d . Provided also that no knights of the shires, citizens or burgesses who have come to this your present parliament by your high command shall be made commissioners or collectors of the same in any way, or of any part of it, other than who are now, or shall be in future, sheriffs, at the time.
Concessio viginti milium sagittariorum oretenus facta. The grant of 20,000 archers now made.
11. Declaravit etiam idem prelocutor, nomine communium predictorum, qualiter ipsi, de assensu dominorum spiritualium et temporalium in presenti parliamento existentium, concesserunt dicto domino regi, ad honorem Dei, et pro defensione regni sui Anglie, viginti milia hominum sagittariorum, in servitio ipsius domini regis per spatium dimidii anni moraturorum, eligendorum et solvendorum per ipsos qui portarent onus inde in qualibet patria. Et quod quilibet comitatus, civitas, burgus et villa regni predicti, tam comitatus Cestr' quam Wallia, equaliter onerarentur juxta suam substantiam dicte concessioni. Proviso semper, quod prefati communes < possent > habere tempus et spatium imaginandum et providendum, qualiter et in qua forma predicti homines sagittarii haberentur, et hoc per ipsos sic facto, dicti sagittarii < essent > parati infra quatuor menses post debitam monitionem inde per ipsum dominum regem cuilibet comitatui, civitati, burgo et ville regni predicti et Wallie factam; [p. v-231][col. a] et quod dicta concessio non < caperetur > pro precedenti vel exemplo prefato domino regi, nec heredibus suis. 11. The same speaker also declared in the name of the aforesaid commons how they themselves, with the assent of the lords spiritual and temporal assembled in the present parliament, had granted to the said lord king, for the honour of God and for the defence of his realm of England, 20,000 archers to remain in the service of the lord king for the period of half a year, to be chosen and paid by those who bear the charge thereof in every area. And that every county, city, borough and town of the aforesaid realm, including Cheshire and Wales, shall be charged equally charged of the said grant according to their substence. Provided always that the aforesaid commons might have time and space to assign and provide how and in what form the aforesaid archers should be granted, and that this having been done by them, the said archers shall be ready within four months after due warning has been made thereupon by the lord king himself to every county, city, borough and town of the aforesaid realm and Wales; [p. v-231][col. a] and that the said grant shall not be taken as a precedent or an example by the aforesaid lord king or his heirs.
Prorogatio et adjornatio parliamenti. Prorogation and adjournment of parliament.
12. Subsequenterque, eodum vicesimo octavo die Martii, regratiatione primitus facta, tam per prefatum dominum regem ore suo proprio, quam per venerabilem patrem Johannem cardinalem archiepiscopum Cantuar', cancellarium Anglie, ex parte ejusdem domini regis, prefatis communibus, de fidelitate, teneritate et immensa gratitudine eidem domino regi in concessionibus predictis ostensis et factis: idem dominus cancellarius, de mandato ipsius domini regis, ac de avisamento dominorum spiritualium et temporalium in parliamento tunc ibidem existentium, ulterius declaravit qualiter negotia parliamenti predicti, pro statu et defensione regni Anglie, et saltem pro sana et solida gubernatione in singulis ejusdem regni partibus habenda et observanda, in eodem parliamento communicata et ministrata, ac per prefatos communes ante dissolutionem parliamenti expedienda et notificanda specialiter affectata, ante festum Pasche tunc quasi in proximo existens, propter ipsorum negotiorum arduitatem discuti non poterant, nec finaliter terminari; prefatus dominus noster rex, de avisamento dictorum dominorum, presens parliamentum suum predictum, a predicta villa de Redyng usque palatium suum Westmonaster', ibidem vicesimo quinto die Aprilis tunc proximo futuro tenendum, duxit prorogandum et adjornandum, et illud realiter prorogavit et adjornavit; omnibus et singulis quorum interfuit firmiter injungendo, quod dicto vicesimo quinto die Aprilis, ad predictum palatium Westm', excusatione quacumque cessante, personaliter convenirent, ad tractandum, communicandum et consentiendum super hiis que pro pleniori et saniori discussione, provisione et determinatione < negotiorum predictorum, favente domino, > contigerint ordinari. 12. And subsequently on the same 28th day of March, thanks were given by the aforesaid lord king in his own person and by the venerable father John, cardinal archbishop of Canterbury, chancellor of England, on behalf of the same lord king to the aforesaid commons for the faithfulness, tenderness and immense goodwill demonstrated and shown to the same lord king in the aforesaid grants. The same lord chancellor, at the command of the lord king himself, and with the advice of the lords spiritual and temporal then assembled in parliament there, also declared how the business of the aforesaid parliament for the state and defence of the realm of England and for wise and sound governance to be achieved and observed in every part of the same realm, as communicated to and executed in the same parliament and taken up by the aforesaid commons to be expedited, ordained and notified before the dissolution of parliament, could not be discussed or finally determined before Easter which was then almost upon them [1 April 1453] on account of the difficulty of such business; our aforesaid lord king, with the advice of the said lords, has caused his present aforesaid parliament to be prorogued and adjourned from the aforesaid town of Reading to his palace at Westminster there to be held on 25 April then next following, and thus he indeed prorogued and adjourned it; firmly enjoining each and every one whom it concerned that they should assemble in person on the said 25 April at the aforesaid palace of Westminster, without any excuse, to discuss, commune together and agree on what should be ordained for the sake of fuller and wiser discussion, provision and determination of the aforesaid business, God willing.
Exoneratio communitatis de .vij. .m. hominum sagittariorum, de predictis .xx. .m.. The exoneration of the commons of 7,000 archers out of the aforesaid 20,000.
13. Where as in this oure present parlement begonne atte Redyng the .vi. te day of the moneth of Marche, the .xxxi. yere of oure reigne, oure true communes commen for shires, citees and burghs of this oure realm, by thassent of the lordes spirituelx and temporelx in this oure parlement beyng, graunted to us, to the worshipp of God, for the defence of this oure realm, .xx. .m. men archers, to abide in oure service by the space of half a yere, in certein maner and forme, as in the same graunte therof made more pleynly apperith. And we for diverse causes movyng us, and in especiall for the grete kyndenesse that we have founden in oure seid communes, in this oure present [...] parlement, have notified and graunted to theym, that they shuld be discharged of all maner devysyng and purveiaunce as for .iij. .m. men archers, of the seid .xx. .m. men archers, < for Wales and Cheshire, and of other .iij. .m. men archers, for the lordes of this oure realm; and over that, of .m. men archers, of the said .xx. .m. men archers, > of oure speciall grace and mere motion, which amounten all to the nombre of .vij. .m. men archers: we, by thadvis and thassent of the lordes spirituelx and temporelx in this oure said parlement beyng, and by auctorite of the same, acquite and discharge oure seid communes, of all the shires, citees, and burghs of this oure said realm, and everyche of theim, exceptyng Chesshire, and the countrees of Wales, of al manere chesyng, devysyng, purveiaunce and fyndyng of the same .vij. .m. men archers, and of everiche of the same .vij. .m. men archers; and that oure seid communes, except afore except, theire heirs, the goodes, cataill, londes, tenementes and possessions of the same communes, and of everiche of theim, in the seid shires, citees and burghes, or eny of theim, beyng or lying out of the shire of Chesshire, and the countrees of Wales, be of the seid .vij. .m. men [col. b] archers, and of all maner chesyng, devysyng, purveiaunce, fyndyng, paiementz and charges, of and for the said .vij. .m. men archers and everiche of theim, ayenst us and oure heirs, be auctorite aboveseid, quiete and discharged for evermore. And over that we ordeine, graunte and establissh by the seid auctorite, that on sole place withinne this oure said realm, and on day certeine, and not diverse nor mo, of mustre of the .xiij. .m. men archers, remaynyng of the said .xx. .m. men archers be ordeined, appointed and limited; and that after thendentures of the assessyng of the same .xiij. .m. men archers certified into oure < eschequier, > proclamations of the forsaid daye and place of mustre, shall be openly made in .iij. or .iiij. open placez, where most congregation of people shal be, in every shire aforesaid, except afore except, and the bisshopriche of Durham, .iiij. monethes or more afore the said day of mustre; and that the said .xiij. .m. men archers, shall be had and kept hole, undepartid, undevided and unsevered, as a hole hoste or a hoole companie, to abide in oure said service for the defence abovesaid, from the said day of mustre, unto the ende of an half yere than next folowyng. 13. Whereas in this our present parliament commenced at Reading on 6 March in the thirty-first year of our reign, our true commons who have come for the counties, cities and boroughs of this our realm, by the assent of the lords spiritual and temporal assembled in this our parliament, granted to us, for the honour of God, 20,000 archers for the defence of this our realm to remain in our service for the period of half a year, in a certain manner and form as more fully appears in the same grant made thereupon. And we, on account of various causes moving us, and in particular because of the great kindness that we have found in our said commons in this our present parliament, have made known and granted to them that they shall be discharged of all manner of assignment and provision of 3,000 archers out of the said 20,000 archers from Wales and Cheshire, and of another 3,000 archers from the lords of this our realm; and in addition of 1,000 archers of the said 20,000 archers from our special grace and inclination, which amounts in all to 7,000 archers: we, by the advice and the assent of the lords spiritual and temporal assembled in this our said parliament, and by the authority of the same, acquit and discharge our said commons of all the counties, cities, and boroughs of this our said realm, and each of them, except for Cheshire and the regions of Wales, of all the choosing, assignment, provision and finding of the same 7,000 archers, and of each of the same 7,000 archers; and that our said commons, save for the previous exception, their heirs, the goods, chattels, lands, tenements and possessions of the same commons, and of each of them, in the said counties, cities and boroughs, or any of them, which are or lie outside Cheshire, and the regions of Wales, shall be quit and discharged forever of the said 7,000 men [col. b] archers, and of all the choosing, assignment, provision, finding, payments and charges of and for the said 7,000 archers and each of them, towards us and our heirs by the abovesaid authority. And in addition we ordain, grant and establish by the said authority that one location in this our said realm and a particular day, not several locations or more than one day, shall be ordained, appointed and determined for the muster of the remaining 13,000 archers out of the said 20,000 archers; and that after the indentures of the assessing of the same 20,000 archers are certified in our exchequer, proclamations of the aforesaid day and place of muster shall be publicly made in three or four public locations where the most people congregate in every aforesaid county, save for the previous exception, and the bishopric of Durham, four months or more before the said day of muster; and that the said 13,000 archers shall be held and kept together, not apart, not divided and not separated [but] as a whole host or a whole company to remain in our said service for the abovesaid defence from the said day of muster until the end of the next half year then following.
[memb. 24]
Forma habend[i] et levand[i] .xiij. .m. hominum sagittariorum, remanentium de predictis .xx. .m. The method of having and levying the 13,000 archers remaining from the aforesaid 20,000.
14. Memorandum, quod prefati communes exhibuerunt dicto domino regi in presenti parliamento, quandam billam indentatam, modum et formam habend[i] et levand[i] tresdecim milia hominum sagittariorum, remanentium de viginti milibus hominum sagittariorum, prefato domino regi superius concessorum continentem. Cujus tenor sequitur et est talis: 14. Be it remembered that the aforesaid commons presented a certain indented bill to the said lord king in the present parliament containing the manner and form of having and levying 13,000 archers remaining from 20,000 archers granted above to the aforesaid lord king. The tenor of which follows and is thus:
Where as in this youre present parlement begonne atte Redyng the .vi. te day of the moneth of Marche, the .xxxi. ti yere of youre noble reigne, we your trewe communs commen for shires, citees and burghs of this youre realm, by thassent of the lordes spirituell and temporell in your said parlement beyng, graunted to you soverain lord, to the worship of God, for the defence of this youre said realm, .xx. .m. men archers, to abide in youre service by the space of half a yere, they to be chosen and paied by theim that shall bere the charge therof in every countree; and that every shire, citee, burgh and town of this youre said realm, aswell Chesshire as Wales, shuld be egally charged after his substaunce to the seid graunte at that tyme. Provided alwey, that we youre said communes might have tyme and leyser, to devise and purvey howe and in what forme the said men archers shuld be hadde, and that by us so doon, the seid men archers to be redy withinne .iiij. monethes after due warnyng, by you oure soveraine lord to every shire, citee, burgh and town of this youre said realm and Wales therof to be made: and that the said graunte shuld not be taken for a precedent or ensample, to you ne to youre heirs, after this tyme; which graunte by you soverain lord atte that time was admitted and acceptid. After which .vi. day of Marche, that is to say the .xxij. [sic: read '.xxv.'] day of Aprill then next folowyng, unto which day youre said parlement was adjorned frome Redyng to Westm', it liked youre highnesse by thadvis and thassent of the lordes spirituelx and temporelx, in this youre present parlement than theire holden, to discharge and acquite us youre said communes of all the shires, citees, and burghs of this youre said realm, and everiche of theim, exceptyng Chesshire and the countrees of Wales, of all maner devysyng and purveaunce of .vij. .m. men archers, of the said .xx. .m. men archers, < and of everich of the same > .vij. .m. men archers; and also to < acquite > and discharge us youre said communes, except afore except, oure heirs, the goodes and catall, londes, tenementes and possessions, of us and of everiche of us, in the seid shires or eny of [p. v-232][col. a] theim, beyng or liyng out of the shire of Chesshire and the countrees of Wales, of the said .vij. .m. men archers and of all maner devysyng, purveaunce, paiemente and charge, in, of, for or to the fyndyng of the said .vij. .m. men archers and of everiche of theim, in maner and forme as in an acte therof in this youre said parlement made more pleynly apperith. We youre said communes, by thauctorite abovesaid, have devysed, ordeined and appointed, limited and assigned, a certaine nombre of men archers to every shire of this youre said realm, egally after theire substaunce, and after that they shall mowe beere or be charged, particulerly and severally, after the nombre of .xij. .m. men archers, remaynyng of the seid .xx. .m. men archers, as hereafter folowith: Bed' .cci. men archers. Buk' .ccv. Cantebr' .cccij. Hunt' .cxxxiij. Cornub' .cxlij. Cumbr' .lxxiiij. Devon' .cciiij .xx. iiij. Essex .ccclxviij. Hertf' .ciiij .xx. iij. Ebor' .dccxiij. Glouc' .ccccxxiiij. Hereford' .cxxx. Kanc' .dlxxv. Lanc' .cxiij. Lincoln' .dccccx. Midd' .cv. Norht' .cccxlvi. Notyngh' .cc. Derby' .cxli. Norff' .mxij. Suff' .ccccxxix. Northumbr' .lx. Oxon' .ccccxix. Berk' .cccix. Rotel' .lxiiij. Salop' .ciiij xx xij. Staff' .clxxiij. Somers' .ccccv. Dors' .ccliiij. Surr' .clxxv. Sussex .cccxxix. Sutht' .ccciiij xx v. Warr' .ccxxxvi. Leyc' .ccxxvi. Wiltes' .cccclxxvi. Wygorn' .cxlix. Westmerl' .lvi. Bristoll .iiij xx xi. The whole counte of the citee of York .clij. The toune and counte of Kyngeston uppon Hull .l. The citee of Lincoln .xlvi. London .mcxxxvij. The citee of Norwych .cxxi. Newe Castell upon Tyne .liij. The burgh of Suthampton .xlvi. The counte of the citee of Coventre .lxxvi. The toune of Notyngham .xxx. And the bisshoprich of Durham .ccc. And we youre true communes, for the good and effectuell expedition of the same, beseche youre highnesse, that youre severall commissions be sent into every shire of this youre said realm, except Chesshire, and a nother commission into the bisshopriche of Durham, direct to such and alsmany persones of the same shires, and to suche and alsmany other persones of the seid bishoprich, as shall be thought to youre highnesse most behoefull and expedient, and by youre grete wisdom to be named and assigned, to devide, ordeine, appointe, limite and assigne, aswell by enquerre as examination, what nombre and howe many men archers, every hundred, wapentak, rape, citee and burgh not beyng a shire in it self, toune, touneship, village, hamellet, and all other places withinne and of the said shires and bisshoprich of Durham, and the goodes, catailles, and revenues by < a > yere, of the londes, tenementes, rents and possessions in the same, and the owners and possessours of theim, shall beere and be charged with, to the exhibition of the men archers appointed, limited and assigned to be founden by the shires, that the same hundreds, wapentaks, rapes, citees, burghs, tounes, touneships, villages, hamellets and other places, goodes, catailles, londes, tenementes, rentes and possessions beth withinne. And that every such citee, burgh, town, towneship, village, hamellet and other place, and the goodes, catailles, londes, tenementes, rentes, and possessions beyng in the same, and the owners and possessours of theim, be severally charged by the seid auctorite, to the fyndyng and exhibition of the said men archers, upon theym by the seid commissioners to be assessed and appointed, after the substaunce and value of the goodes and catailles, and the revenues by a yere, of the londes, tenementes, < rentez > and other possessions, beyng in the same; so that the nombre in and for every shire, and for the said bisshoprich, in forme abovesaid appointed and assigned, algates be hadde. And that the maire and baillief, in suche citees and burghs where maire and baillifs are, or elles [...] the baillifs where no maire is, and the constable in suche towneshippes as a constable [col. b] is, and also the lordes of the townes and other places where noo constable is, have auctorite and power be force of this acte, to compelle by distresse and otherwyse by theire discretions, all maner personnes withinne the same citees, burghs, townes and other places, to the contribution of the fyndyng of the said men archers, after the assessyng of the said commissioners: and that the commissioners in every shuche shire, and the commissioners in the seid bisshopriche, delyvere to the baillifs of every hundred, wapentak and rape, of the shires and bisshoprich that they be commissioners in, or to other .iij. or .iiij. sufficient persones, of every suche hundred, wapentak and rape, by theire discretions, wrytyng indentid, conteynyng howe many men archers every citee, burgh, towne, townshipp, village, hamellet, and other place withinne the seid hundred, wapentak and rape, is or shall be charged with. And that the same commissioners certifie into youre eschequier within tyme competent, that oon part of every suche writyng endented; and that all suche men archers in the forme abovesaid to be founden, be redy sufficiently and defensibly arraied as belongeth to an archer, takyng .vi. d. a day for the defence abovesaid, to appere and make theire apparaunce at suche day and place < withinne this youre said realm, as shall be limitted > and appointed by youre highnesse; so that < severall > proclamations appointed in oon day by youre highnesse be openly made in .iij. or .iiij. open places or moo where congregation of people shall be, in every shire, and in the seid bisshopriche, after the largenesse of the said shires and bisshopriche, of the said day and place of apparaunce, .iiij. moneths afore the same day; and that the < seid > proclamations be made, after the seid writyng indentid certified by the seid commissioners into your said eschequier: and that by the said auctorite, every of the seid men archers shall be entendyng and obedient to such capiteine or capiteins, as youre highnesse shall assigne to have the ledyng of theim duryng the said half yere, and < endente > with the seid capiteine or capiteins, truly to serve you in theire companie, duryng the said tyme of an half yere, for the said defense, the same half yere to begynne the said day of theire apparaunce, by youre highnesse to < be > [...] limited. Whereas in this your present parliament commenced at Reading on 6 March in the thirty-first year of your noble reign we your true commons who have come for the counties, cities and boroughs of this your realm, by the assent of the lords spiritual and temporal assembled in your said parliament, granted to you sovereign lord, for the honour of God, 20,000 archers for the defence of this your said realm to remain in your service for the period of half a year, to be chosen and paid by those who bear the charge thereof in every area. And that every county, city, borough and town of this your said realm, including Cheshire and Wales, should be charged equally of the said grant according to their substance at that time. Provided always that we your said commons might have time and space to devise and provide how and in what form the aforesaid archers should be granted, and that this having been done by us, the said archers should be ready within four months after due warning has been made thereupon by you our sovereign lord to every county, city, borough and town of this your said realm and Wales: and that the said grant should not be taken as a precedent or example by you or by your heirs hereafter; which grant was admitted and accepted by you sovereign lord at that time. After which 6 March, that is to say 25 April then next following, when your said parliament was adjorned from Reading to Westminster, it pleased your highness by the advice and the assent of the lords spiritual and temporal in this your present parliament then held there to discharge and acquit us your said commons of all the counties, cities, and boroughs of this your said realm, and each of them, except for Cheshire and the regions of Wales, of all assignment and provision of 7,000 archers out of the said 20,000 archers, and of each of the same 7,000 archers; and also to acquit and discharge us your said commons, save for the previous exception, our heirs, the goods and chattels, lands, tenements and possessions of us and of each of us in the said counties, or any of [p. v-232][col. a] them, which are or lie outside Cheshire and the regions of Wales, of the said 7,000 archers and of all manner of assignment, provision, payment and charge, in, of, for or to the finding of the said 7,000 archers and of each of them, in the manner and form as more fully appears in an act made thereupon in this your said parliament. We your said commons, by the abovesaid authority, have devised, ordained and appointed, determined and assigned a certain number of archers from every county of this your said realm, equally according to their substance, and according to what they might bear or support in particular and individually according to the number of 13,000 archers remaining of the said 20,000 archers, as follows below: Bedfordshire 201 archers. Buckinghamshire 205. Cambridgeshire 302. Huntingdonshire 133. Cornwall 142. Cumberland 74. Devon 284. Essex 368. Hertfordshire 183. Yorkshire 713. Gloucestershire 424. Herefordshire 130. Kent 575. Lancashire 113. Lincolnshire 910. Middlesex 105. Northhamptonshire 346. Nottinghamshire 200. Derbyshire 141. Norfolk 1012. Suffolk 429. Northumberland 60. Oxfordshire 419. Berkshire 309. Rutland 64. Shropshire 192. Staffordshire 173. Somerset 405. Dorset 254. Surrey 175. Sussex 329. Hampshire 385. Warwickshire 236. Leicestershire 226. Wiltshire 476. Worcestershire 149. Westmorland 56. Bristol 91. The whole county of the city of York 152. The town and county of Kingston upon Hull 50. The city of Lincoln 46. London 1,137. The city of Norwich 121. Newcastle upon Tyne 53. The borough of Southampton 46. The county of the city of Coventry 76. The town of Nottingham 30. And the bishopric of Durham 300. And we your true commons, for the good and effective expediting of the same, beseech your highness that your separate commissions be sent to every county of this your said realm, except Cheshire, and another commission to the bishopric of Durham, directed to such and as many persons of the same counties, and to such and as many other persons of the said bishopric as shall be thought most useful and expedient to your highness, to be named and assigned by your great wisdom, to divide, ordain, appoint, limit and assign by both inquest and examination what number and how many archers every hundred, wapentake, rape, city and borough which is not a county in itself, town, township, village, hamlet and all other places within and of the said counties and bishopric of Durham, and the goods, chattels and revenues a year of the lands, tenements, rents and possessions in the same, and the owners and possessors of them, shall bear and be charged with for the support of the archers appointed, limited and assigned to be found by the counties, that the same hundreds, wapentakes, rapes, cities, boroughs, towns, townships, villages, hamlets and other places, goods, chattels, lands, tenements, rents and possessions are within. And that every such city, borough, town, township, village, hamlet and other place, and the goods, chattels, lands, tenements, rents and possessions which are in the same, and the owners and possessors of them shall be charged individually by the said authority as regards the finding and support of the said archers to be assessed and appointed on them by the said commissioners according to the extent and value of the goods and chattels and the revenues each year from the lands, tenements, rents and other possessions which are in the same; so that the number appointed and assigned in and for every county and for the said bishopric in the abovesaid form shall be had in every way. And that the mayor and bailiffs in such cities and boroughs where there are mayors and bailiffs, or else the bailiffs where there is no mayor, and the constable in such townships where there is a constable, [col. b] and also the lords of the towns and other places where there is no constable shall have authority and power by force of this act to compel by distraint and other means according to their discretions all manner of persons within the same cities, boroughs, towns and other places to contribute to the finding of the said archers aaccording to the assessment of the said commissioners: and that the commissioners in every such county and the commissioners in the said bishopric shall deliver to the bailiffs of every hundred, wapentake and rape of the counties and bishopric in which they are commissioners, or to other three or four sufficient persons of every such hundred, wapentake and rape by their discretions, an indenture containing how many archers every city, borough, town, township, village, hamlet and other place within the said hundred, wapentake and rape is or is to be charged with. And that the same commissioners certify into your exchequer within a suitable time one half of every such indenture; and that all such archers to be found in the abovesaid form shall be ready, sufficiently and defensibly arrayed as is fitting for an archer, taking 6 d . a day for the abovesaid defence, to appear and make their appearance at such time and place within this your said realm as shall be specified and appointed by your highness; so that separate proclamations shall be made publicly on one day appointed by your highness in three or four public places or more where people congregate in every county and in the said bishopric according to the size of the said counties and bishopric of the said time and place of appearance four months before the same day; and that the said proclamations be made according to the said indenture certified by the said commissioners in your said exchequer: and that by the said authority, every one of the said archers shall be attentive and obedient to such captain or captains as your highness shall assign to lead them during the said half year, and indent with the said captain or captains to serve you truly in their company during the said period of half a year, for the said defence, the same half year to begin on the said day of their appearance to be specified by your highness.
Provided alwey, that this acte, devises, purveiaunces and grauntes, extende not nor in any wyse be prejudiciall to the provoste and the college royal of Oure Lady of Eton beside Wyndesore, nor to the provoste and scolers of youre college royal of Oure Lady and Seint Nicholas of Cambrigge, nor to any of theim, nor to any thyng to theim, or any of theim in eny wyse belongyng or apperteynyng; nor that any goods, catailles, londes, tenementes, rentes, services or other possessions, to theym or any of theym belongyng or apperteynyng, by the seid devises, purveiaunces or grauntes, in any wyse be charged, nor in any wyse prejudiciall to eny graunte or grauntes, confirmation or confirmations, made by youre highnesse to theim or any of theim by youre lettres patentes, by auctorite of parlement or otherwyse, of any libertees, franchises, privileges, discharges, fredoms, or eny other immunitees. Provided also, that noo goods, cataills, londs, tenementes, rentes, or other possessions of oure soveraine lady Margaret quene of Englond, in any wyse be charged be force of this said acte, devises, purveiaunces or grauntes. Provided also, that noo goodes, cataills, londes, tenementes, rentes or other possessions, in or of the which any of the lordes of this youre said realm, be in eny wyse enfeffed, seised or possessid, to his propre use, and not upon truste to the use or behoufe of any other persone or persones; ne any goodes, londes, [p. v-233][col. a] tenementes, rentes or other possessions, of or in the which eny other person or persones, is or be enfeoffed, seasid or possessed, to the use of any of the said lordes, in any wyse be charged by this acte, ordenaunces or devises. Provided also, that noo londes, tenementes, chirches or other possessions, which have been rightfully charged or taxed to the dismes to you soveraine lord, or to any of youre progenitours graunted, by the clergie of any of the provincez of Caunterbury or York, or that in any suche grauntes have been except, in any wyse be charged by this said acte, grauntes, devises or purveiaunces. Provided always that this act, devising, provisions and grants shall not extend or be prejudicial in any way to the provost and the royal college of St Mary of Eton beside Windsor, or to the provost and scholars of your royal college of St Mary and St Nicholas of Cambridge, or to any of them, or to anything belonging or appertaining to them or any of them in any way; nor that any goods, chattels, lands, tenements, rents, services or other possessions belonging or appertaining to them or any of them by the said devising, provisions or grants shall be in any way charged, nor in any way prejudicial to any grant or grants, confirmation or confirmations made by your highness to them or any of them by your letters patent by the authority of parliament or otherwise of any liberties, franchises, privileges, discharges, freedoms, or any other immunities. Provided also that no goods, chattels, lands, tenements, rents, or other possessions of our sovereign lady Margaret, queen of England shall be charged in any way by force of this said act, devising, provisions or grants. Provided also that no goods, chattels, lands, tenements, rents or other possessions in or of which any of the lords of this your said realm is in any way enfeoffed, seised or possessed for his own use, and not upon trust for the use or behove of any other person or persons; nor any goods, lands, [p. v-233][col. a] tenements, rents or other possessions of or in which any other person or persons is or shall be enfeoffed, seised or possessed for the use of any of the said lords shall be charged in any way by this act, ordinances or devising. Provided also that no lands, tenements, churches or other possessions which have been rightfully charged or taxed for the tenths granted to you sovereign lord, or to any of your progenitors, by the clergy of any of the provinces of Canterbury or York, or that have been excepted in any such grants, shall be charged in any way by this said act, grant, assignments or provisions.
For asmoche as it was opened unto the kynges highnesse, that communication was had among the communes, that if hit myght lyke his highnesse to put in respite by a covenable season, the graunt made by theym to his seid highnesse of the .xiij. .m. men archiers, they wold entende to suche a graunt as shuld serve to his royal pleaser, and the relief of his duchie of Guyen: wheruppon the kyng yafe in commaundement to my lord chaunceler, that he accompanyed with othir lordes, shuld go unto the seid commens, and declare unto theym in his behalfe, that his highnesse wold wele agree to forbere the levee of the seid graunt by theym made to his seid highnesse, by the space of .ij. yeres fro the fest of Estre then next commyng; onlesse that his excellence wold take uppon hym the labour in his most royal persone with the seid .xiij. .m. men archiers, or elles that grete, urgent and evident causes, touchyng the wele of his royal persone or this his realm, required the contrarie; so that they wold entende to suche a graunt as myght so serve as is aboveseid. Forasmuch that it was communicated to the king's highness that discussion had taken place among the commons that if it might please his highness to respite for a suitable period the grant made by them to his said highness of the 13,000 archers they would agree to such a grant as should serve to his royal pleasure and the relief of his duchy of Guyenne: whereupon the king commanded my lord chancellor that he, accompanied by other lords, should go to the said commons and declare to them on his behalf that his highness would well agree to delay the levy of the said grant made by them to his said highness for the period of two years from Easter then next coming; unless his excellence would take upon himself the task in his most royal person with the company of the said 13,000 archers, or unless great, urgent and evident causes touching the well-being of his royal person or this his realm required the opposite; so that they would agree to such a grant as might so serve as is abovesaid.
Respectuatio levat[ionum] dictorum .xiij. .m. sagittariorum. The postponement of the levying of the said 13,000 archers.
15. Where the communes of this land be charged to the kyng, with fyndyng of .xiij. .m. men archers, to do hym service by one half yere, for the defence of this land, as in an acte in this present parliament, by thauctorite of the same made, playnly it apperith: the kyng, by thavise and assent of the lordes spirituels and temporels in this present parliament assemblyd, and by thauctorite of the same, to thentent that hasty purveaunce of good for defence of this land myght be hadde, woll and grauntith to forbere and proroge, and to putte in suspence, thexecution of leviyng of the fyndyng of the seid .xiij. .m. men archers, and of yche of theym, for the space of .ij. yeres next comyng after the fest of Pasch next ensuyng; but yif it so be, that it please his highnesse to labore in his royall person for the defence aforesaide, or els that grete and evydent cause, concernyng or touchyng the defence afore said, happen withynne the said .ij. yeres, that shulde cause thexecution of leviyng of the seid .xiij. .m. men archers, to be hadde withynne the seid .ij. yeres; and that by the warnyng of .iij. monythes. 15. Whereas the commons of this land are charged by the king with finding 13,000 archers to be in his service for half a year for the defence of this land as plainly appears in an act made in this present parliament by the authority of the same: the king, by the advice and assent of the lords spiritual and temporal assembled in this present parliament, and by the authority of the same, with the intention that speedy provision of money for the defence of this land might be obtained, wills and grants to refrain from and proroge and to put into respite the execution of of the raising of the finding of the said 13,000 archers, and of each of them, for the period of the next two years after Easter next following; but if it happens that it pleases his highness to labour in his royal person for the aforesaid defence, or else that a great and evident reason concerning or touching the aforesaid defence arises within the said two years that should cause the execution of the levying of the said 13,000 archers to be made within the said two years; which would be by the warning of three months notice.
[memb. 23]
Pro Edmundo duce Somerset. On behalf of Edmund, duke of Somerset.
16. Item, quedam alia petitio exhibita fuit prefato domino regi, in presenti parliamento, per Edmundum ducem Somerset, in hec verba: 16. Item, another petition was presented to the aforesaid lord king in the present parliament by Edmund, duke of Somerset, in these words:
To the kyng our soveraine lorde, besechith in lowely wyse, your humble subget and liegeman Edmunde duc of Somerset, captaine of youre towne and castell of Cales: that where there is due unto hym, and othir capitaines lieuetenaunts in youre marches of Cales, for the wages and rewardes of theymself, their lieuetenauntes, souldeours and artificers, entendyng uppon saufgarde and sure keping of your said toune, castell and marches for the tyme that the seid duc hath be capteine there, unto the .vi. te day of Junii, the [col. b] .xxxi. te yere of youre most noble regne, the somme of .xxi. .m. .dcxlviij.li. .x. s. or there aboute. To the king our sovereign lord, your humble subject and liegeman Edmund, duke of Somerset, captain of your town and castle of Calais, meekly beseeches: whereas the sum of £21,648 10 s . or thereabouts is owed to him and the other lieutenant-captains in your marches of Calais for the wages and regards of themselves, their lieutenants, soldiers and artificers charged with the safeguard and safe-keeping of your said town, castle and marches for the time that the said duke has been captain there until 6 June in the [col. b] thirty-first year of your most noble reign [1453].
Hyt please your highnesse, for contentyng of the said duete, to graunte, ordeine and essablisshe, by thavise of the lordes spirituell and temporell, and of the communes in this youre present parlament assemblede, and by auctorite of the same parlament, that aftir suche tyme as Humfray duc of Bukingham, late captaine of youre said towene, castell of Cales, and of the toure of Ruysbanke, shall be duely paied and content of al sommes of money deue unto hym, his lieuetenaunts and souldiours, late entendyng uppon the saufgarde of youre said towne, castell and tour, for the tyme that he hath be capteine there, aftir the fourme of an acte late made for the same duc of Buking', for his surete of such paiement; thenne the thesoror of Cales' for the tyme beyng, shall receyve aswell al manere custumes, as al manere subsidies, for the tyme commyng or growing of al maner goods and marchandises, which shall comme into the porte of Sandewich, and in othir places to the same port belonging, and there to be put on lande, or to passe out of the same by wey of marchandise over the see, aftir the time of such contenting and paiement had to the said duc of Bukingam, by the fourme and auctorite of the said act for him made; and al sommes of money commyng of the same custumes and subsidies, and also al manere custumes, and al manere subsidies, in this present parlement graunted, or afore, commyng or growyng, aftir the tyme of the said contentyng of the said duc of Bukyng', of al manere wolles, wolfell, hides, tynne, and othir marchandises of the staple, that withynne the same port and places aftir that tyme shal be shipped, and al sommes of money commyng of such custumes and subsidies, by the handes of the collectours and custumers of the said custumes and subsidies in the said port and places for the tyme beyng, and .vi. s. .viij. d. in money or obligations, commyng and growyng of the subsidies of every sacce woll, and of every .ccxl. wollfell, in every othir port of this your realm, or in eny of thaim, after the plaine contentyng of the said duc of Buking' of his said dewete, by fourme and auctorite of the said act for hym made, by the handes of the collectours of suche subsidies in eny othir suche porte or portis for the tyme being, by endentours severally to be made betwene the said tresorier of Cales, and the same collectours of the said subsidies in the said othir portes for the tyme beyng, unto the tyme that to the said thesorier full paiement and contenting be had, of asmoche as shal be founde due of the said somme of .xxi. .m. .dcxlviij.li. .x. s. Also that the said duc of Somerset and his executours, as soone as the said duc of Bukingam is contented of his said duete, aftir the fourme of the said act for hym made, shall name at thair willes from tyme to tyme, and assigne to the thesorier of Englond for the tyme being, a persone aswell to be oon of the custumers, as oon of the collectours of the said custumes and subsidies in the said port of Sandewich, aswell of the petite custumes, as of the grete custumes and subsidies to be leveed in the said porte, of al manere woll, wollfell, tynne, hydes, and al othir marchaundises, unto the tyme that the said tresorer of Cales for the tyme being, be fully paied and contented of the sommes of money and dewtees, longing to the said duc of Somerset, and to othir captains lieutenaunts, souldiours, artificers, and al othir entending uppon the saufgarde of the said towne and castell of Cales, and of the marches there, for there wages and rewardes unto the .vi. day of Junii abovesaid. And that the said tresorer of Englond for the tyme beyng, upon such nominations and assignement, shall make sufficient warants, to be directed to the chaunceler of England for the tyme being, for [p. v-234][col. a] lettres patentes undre your grete seale to be made in due fourme, to suche personne or personnes so to be named, with othir, to be collectours of al manere custumes and subsidies, of al wolles, wolfells, hydes, tynne, and othir merchaundises of the staple, and al othir manere marchaundises in the same port and places thereto belongyng, commyng or growyng. And that the same personne for the tyme named to be oon of the said collectours in the same port of Sandwich, aftir such lettres patentes to hym directed, have and take from tyme to tyme, to the use and profitte of the said thesorier of Cales for the tyme beyng, all sommes of money commyng or growyng in the same porte of the said custumes and subsidies; and the same sommes and every parte of thayme, paie and delivere to the said thesorier, by endentures betwene theym therof to be made. And that the said tresorer of Cales paie and delivere forthwith, the same sommes of money so by hym resceyved, aswell to the said duc of Somerset or his executours, as to all othir captains lieuetenaunts, souldiours and artificers, dwellyng uppon the saufgard of your said towne, castell and marches, by lyke endentures betwene theim therof to be made, and everych such collectour in the same port, by the same duc or his executours to be named, unto the tyme that full paiement and contentyng be had to the said thesorier of Cales', of asmoche as shal be founde due of the said somme of .xxi. .m. .dcxlviij.li. .x. s., for the wages and rewardes aforesaid. Also that every such custumer or collectour, by the said duc of Somerset so to be named in the said porte of Sandwich, uppon his accompt in your eschequier of al such paiements by hym made to the said tresorer of Cales, by endentures in fourme aforesaid, have due allouance, and therof in your eschequier be fully quyte and discharged. And that the collectours of the said subsidies, of every sacke woll, and of every .ccxl. wolfell to be shipped in eny othir port of this youre realm, out of the said porte of Sandewych, have plaine discharge uppon theire accomptes in your said eschequier, of .vi. s. .viij. d. of every sacce woll, and of every .ccxl. wolfells comyng of the same subsidies, so to be paied by thayme to the said thesorer of Cales for the tyme beyng, by endentures therof to be made betwen theym, unto the tyme that full paiement and contenting be had, of asmoche as shal be founde due of the said somme of .xxi. .m. .dcxlviij.li. .x. s.; and that the same collectours, of the paiement of the said .vi. s. .viij. d. commyng of such subsidies, have noon allouaunce in eny wyse but by such endentures. And over that, if eny of the said collectours or custumers, make eny paiement in contrarie of this your graunte, thenne it shal be liefull to the said tresorer of Cales or his executours, to take theire suete ayenst the same collectour or custumer, and therby to recouvere of hym or his executours, the double of the somme or sommes so paied by hym contrary to this your said graunte: also in lyke wyse, if the seid tresorer of Cales for the tyme being, make not deliveraunce and distribution of al such sommes of money or obligations, as he shall receyve of the said custumers and collectours, aswell to the use and profitte of the said duc of Somerset or his executours, as to othir captaines lieuetenaunts, souldiers and artificers, dwellyng uppon the saufgard of your said towne, castell and marches, aftir the fourme afore rehersed; that then it shall be liefull to the same duc or his executours, to take theire suytes ayenst the seid thesorer or his executours, and therby to recovere of theym the double of the sommes so paied by thayme, contrarie to your said graunte. And that the chaunceler of England for the tyme being, may, by thassent and auctorite aforsaid, do make under your grete seel from tyme to tyme to the said thesorer of Cales for the tyme being, such and as mony lettres patentes [col. b] for thexecution of this act, as shall be thought to the same tresorer necessarie and behovefull, without eny fee or fyne therfor to be paied in eny wyse, to your use or profitte. May it please your highness, for the satisfaction of the said debt, to grant, ordain and establish by the advice of the lords spiritual and temporal and of the commons assembled in this your present parliament, and by the authority of the same parliament, that after such time as Humphrey, duke of Buckingham, late captain of your said town and castle of Calais, and of the tower of Rysbank, shall be duly paid and satisfied of all the sums of money owed to him, his lieutenants and soldiers who were recently charged with the safeguard of your said town, castle and tower, for the time that he has been captain there, according to the form of an act lately made for the same duke of Buckingham for his guarantee of such payment; then the treasurer of Calais at the time shall receive both all manner of customs and all manner of subsidies for the time coming or accruing from all manner of goods and merchandise which shall enter the port of Sandwich, and other places belonging to the same port, and landed there or to be exported from there overseas as merchandise after such satisfaction and payment has been made to the said duke of Buckingam by the form and authority of the said act made for him; and all sums of money coming from the same customs and subsidies, and also all manner of customs and all manner of subsidies granted in this present parliament, or in the past, coming or accruing after the time that the duke of Buckingham has received satisfaction from all manner of wool, woolfells, hides, tin and other merchandise of the staple that shall be shipped in the same port and places after that time, and all sums of money coming from such customs and subsidies by the hands of the collectors and customs officers at the time of the said customs and subsidies in the said port and places, and 6 s . 8 d . in money or obligations coming and accruing from the subsidies on every sack of wool and on every 240 woolfells in every other port of this your realm, or in any of them, after the full satisfaction of the said duke of Buckingham of his said debt by the form and authority of the said act made for him, by the hands of the collectors of such subsidies in any other such port or ports at the time, by indentures to be made separately between the said treasurer of Calais and the same collectors of the said subsidies in the other said ports at the time, until full payment and satisfaction has been made to the said treasurer of as much as shall be found to be owed from the said sum of £21,648 10 s . Also that the said duke of Somerset and his executors, as soon as the said duke of Buckingham is satisfied of his said debt according to the form of the said act made for him, shall name at their will from time to time, and assign to the treasurer of England at the time, a person to be both one of the customs officers and one of the collectors of the said customs and subsidies in the said port of Sandwich of both the petty customs and the great customs and subsidies to be levied in the said port on all manner of wool, woolfells, tin, hides, and all other merchandise until the said treasurer of Calais at the time is fully paid and satisfied of the sums of money and debts belonging to the said duke of Somerset and to the other captain lieutenants, soldiers, artificers and all other charged with the safeguard of the said town and castle of Calais, and of the marches there, for their wages and regards to the abovesaid 6 June. And that the said treasurer of England at the time, on such nominations and assignment, shall make sufficient warrants to be directed to the chancellor of England at the time for [p. v-234][col. a] letters patent to be made in due form under your great seal to such a person or persons so to be named, with others, to be collectors of all manner of customs and subsidies on all wool, woolfells, hides, tin and other merchandise of the staple, and on all other manner of merchandise coming or accruing in the same port and places belonging to it. And that the same person for the time he is named to be one of the said collectors in the same port of Sandwich, after such letters patent have been directed to him, shall have and take from time to time for the use and profit of the said treasurer of Calais at the time all sums of money coming or accruing in the same port from the said customs and subsidies; and pay and deliver the same sums, and every part of them, to the said treasurer by indentures to be made thereupon between them. And that the said treasurer of Calais shall immediately pay and deliver the same sums of money thus received by him to both the said duke of Somerset or his executors and to all other captains, lieutenants, soldiers and artificers remaining on the safeguard of your said town, castle and marches by similar indentures to be made thereupon between them and every such collector in the same port to be named by the same duke or his executors until full payment and satisfaction is made to the said treasurer of Calais of as much as shall be found owing of the said sum of £21,648 10 s . for the aforesaid wages and regards. Also that every such customs officer or collector thus to be named in the said port of Sandwich by the said duke of Somerset shall have due allowance on his account in your exchequer of all such payments made by him to the said treasurer of Calais by indentures in the aforesaid form, and be fully quit and discharged thereupon in your exchequer. And that the collectors of the said subsidies on every sack of wool and on every 240 woolfells to be shipped in any other port of this your realm except the said port of Sandwich shall have full discharge on their accounts in your said exchequer of 6 s . 8 d . on every sack of wool and on every 240 woolfells coming from the same subsidies, to be paid by them to the said treasurer of Calais at the time by indentures to be made thereupon between them, until full payment and satisfaction has been made of as much as shall be found owing of the said sum of £21,648 10 s .; and that the same collectors shall have no allowance of the payment of the said 6 s . 8 d . coming from such subsidies in any way except by such indentures. And in addition, if any of the said collectors or customs officers make any payment in contravention of this your grant then it shall be lawful for the said treasurer of Calais or his executors to take their suit against the same collector or customs officer, and thereby to recover from him or his executors twice the sum or sums thus paid by him contrary to this your said grant: also in like way, if the said treasurer of Calais at the time does not make delivery and distribution of all such sums of money or obligations as he shall receive from the said customs officers and collectors for both the use and profit of the said duke of Somerset or his executors and of other captains, lieutenants, soldiers and artificers remaining on the safeguard of your said town, castle and marches according to the form stated above, that then it shall be lawful for the same duke or his executors to take their suits against the said treasurer or his executors, and thereby to recover from them twice the sums thus paid by them contrary to your said grant. And that the chancellor of England at the time may, by the aforesaid assent and authority, make under your great seal from time to time to the said treasurer of Calais at the time such and as many letters patent [col. b] for the execution of this act as shall be thought necessary and expedient to the same treasurer without any fee or fine to be paid for this in any way for your use or profit.
Provided alway, that by this act noo prejudice be doon unto the said duc of Bukingam or his executours, for the said act for hym made; nor to eny thyng of olde tyme accustumed in the daies of youre noble progenitours, nor eny graunte made by eny of theym, of eny commodites or revenues in the said port of Sandwich: and that ye and your heires, for evere be discharged of all suche sommes of money as shal be duely founde to growe in the porte of Sandewich, by the bokes of the collectours and custumers there, duryng the tyme that suche personne or personnes so named by the duc of Somerset or his executours, shal be oon of the custumers in the said porte, overe the said commoditees, revenues, and othir thyngs used and graunted to be taken there in tymes of your noble progenitours. Provided always that by this act no prejudice shall be caused to the said duke of Buckingham or his executors as regards the said act made for him; nor to anything in former times accustumed in the days of your noble progenitors, nor any grant made by any of them of any commodities or revenues in the said port of Sandwich: and that you and your heirs shall be discharged forever of all such sums of money as shall be duly found to arise in the port of Sandwich by the books of the collectors and customs officers there during the time that such a person or persons so named by the duke of Somerset or his executors shall be one of the customs officers in the said port over the said commodities, revenues and other things used and granted to be taken there in the times of your noble progenitors.
Qua quidem petitione, in parliamento predicto lecta, audita et plenius intellecta, de avisamento et assensu dominorum spiritualium et temporalium, ac assensu communitatis regni Anglie, in eodem parliamento existentium, respondebatur eidem in forma sequenti: Which petition having been read, heard and fully understood in the aforesaid parliament, with the advice and assent of the lords spiritual and temporal and the assent of the commons of the realm of England assembled in the same parliament, it was answered to the same in the following form:
Soit fait come il est desire. (fn. v-227-88-1) Let it be done as it is desired. (fn. v-227-88-1)
Pro reparationibus apud Cales'. Concerning repairs at Calais.
17. Forasmuche as it is nedefull and expedient hasty provision to be made for reparations and workes to be done at Caleis, in especiall for the makyng of the getees there, and of the banke called Ruysbanke, whiche can not be done without grete and notable sommes in redy money. The kyng therfor, by thadvys and assent of his lordes spirituell and temporell, and communes in this his present parlement assembled, and by auctorite of the same parlement, the .xvi. day of May, in the .xxxi. ti yere of his reigne, graunteth, ordenneth and establissyth, that the thesorer and vitailler of Caleys at this tyme beyng, shall have and resceyve for the said reparations and workes, the somme of .ix. .m. .ccc.li. to be had and leveid of the .xv. mes and .x. mes graunted in this present parlement; whereof .v. .m. .ccc.li., parcell of the seid .ix. .m. .ccc.li. shall be had and leveid of the first halvyndele of the seid .xv. me and .x. me graunted in this same parlement; and the residue of the same somme, shall be had and leveid of the second halvyndele of the same .xv. me and .x. me graunted in this same parlement, < in fourme and manere as hereaftre folowith: that is to wete, of þe > said first halvyndele of the seid .xv. me and .x. me graunted in this same parlement, to be leveid in the counte of Norff', .viij. c li.; and of the seid first halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the citee of London, .vi. .xx. li.; and of the said first halvyndele of the said .xv. me and .x. me graunted in this same parlement to be leveied in the countee of Kent, .v. c li.; and of the said first halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the counte of Hertford, .c.li.; and of the said first halvyndele of the said .xv. me and .x. me graunted in this same parlement to be leveied in the counte of Essex, .ccc.li.; and of the said first halvyndele of the said .xv. me and .x. me graunted in this same parlement to be leveied in the counte of Hunt', .vi. .xx. li.; and of the seid first halvyndele of the said .xv. me and .x. me graunted in this same parlement to be leveied in the counte of Cantebr', .cc.li.; and of the said first halvyndele of the seid .xv. me and .x. me graunted in the same parlement to be leveied in the counte of Wiltes', .iiij. c li.; and of the said first halvyndele of the .xv. me and .x. me graunted in this same parlement to be leveied in the countee of Lincoln, .vij. c li.; and of the said first halvyndele [p. v-235][col. a] of the said .xv. me and .x. me graunted in this same parlement to be leveied in the counte of Northt', .cc.li.; and of the said first halvyndele of the said .xv. me and .x. me graunted in this same parlement to be leveied in the counte of Notyngh', .cc.li.; and of the seid first halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the counte of Sussex, .ccc.li.; and of the said first halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the counte of Berk', .ccc.li.; and of the seid first halfyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the counte of Someret, .ccc.li.; and of the seid first halvyndele of the seid .xv. me and .x. me graunted in this same parlement, to be leveied in the counte of Oxon', .ccclx.li.; and of the seid first halfyndele of the seid .xv. me and .x. me graunted in this same parlement, to be leveied in the counte of Suff', .iiij. c li.: to be had and leveied by the handes of the collectours of the seid first halvyndele of the seid .xv. me and .x. me for the tyme beyng. And of the seid second halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the seid counte of Norff', .v. c li.; and of the seid second halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the seid citee of London, .vi. .xx. li.; and of the seid second halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the seid counte of Kent, .iiij. c li.; and of the seid second halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the seid counte of Hertf', .c.li.; and of the seid second halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the seid counte of Essex, .cc.li.; and of the seid second halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the seid counte of Hunt', .vi. .xx. li.; and of the seid second halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the seid counte of Cantebr', .cc.li.; and of the seid second halvyndele of the seid .xv. me and .x. me graunted in this parlement to be leveied in the seid counte of Wiltes', .cclx.li.; and of the seid second halvyndele of the seid .xv. me and .x. me graunted in this same parlement, to be leveied in the seid counte of Lincoln', .v. c li.; and of the seid second halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the seid counte of Northt', .c.li.; and of the seid second halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the seid counte of Notyngham, .c.li.; and of the seid second halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the seid counte of Sussex', .ccc.li.; and of the seid second halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the seid counte of Berk', .ccc.li.; and of the seid second halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the seid counte of Somerset, .cc.li.; and of the seid second halvyndele of the seid .xv. me and .x. me graunted in this same parlement to be leveied in the seid counte of Oxon', .ccc.li.; and of the seid second halvyndele of the said .xv. me and .x. me graunted in this same parlement to be leveied in the seid counte of Suff', .ccc.li.: to be had and leveied of the collectours of the seid second halvyndele of the seid .xv. me and .x. me for the tyme beyng. And that the seid thesorer and vitailler of Cales' shall resceyve particulerly all the seid sommes of money in fourme aforeseid of the seid collectours, by severall indentures betwene theym theruppon to be made. And that the same tresorer and vitailler of Cales', from tyme to tyme shall have suche and as mony writtes and warantes out of the kynges chauncerie under his grete seale uppon this same acte, severally directed to the seid collectours [col. b] of the seid .xv. me and .x. me so graunted in this parlement, for payment and contentyng of the seid sommes of money in fourme aforeseid, to be made to the forseid tresorer and vitailler of Cales', by suche indentures and othir warantes under the same seale, directed to the barons of the kynges eschequier, to do make due allouaunce unto the seid collectours, of all suche paiementes so to be made of the premisses aftir thentent of this acte by the seid indentures: and that the same collectours, by the same indentures have allouaunce of all the seid sommes of money in the fourme aforseid by theym to be paide unto the seid tresorer and vitailler of Cales' uppon their accompts of the seid .xv. me and .x. me in the kynges eschequier, and by noon othir warentes nor assignementes. And that all manere pardons and discharges, touchyng and concernyng the seid sommes of money so to be paide as is aforeseid, othir than the seid indentures, to be made to eny of the seid collectours, be voide and of no force nor effect. 17. Seeing it is necessary and expedient that speedy provision be made for repairs and works to be done at Calais, in particular for the making of the jetties there and of the bank called Rysbank which cannot be done without large and notable sums of ready money, the king therefore, by the advice and assent of his lords spiritual and temporal and the commons assembled in this his present parliament, and by the authority of the same parliament, on 16 May in the thirty-first year of his reign [1453], grants, ordains and establishes that the treasurer and victualler of Calais at this time shall have and receive for the said repairs and works the sum of £9,300 to be taken and levied from the fifteenths and tenths granted in this present parliament; of which £5,300, part of the said £9,300, shall be taken and levied from the first half of the said fifteenth and tenth granted in this same parliament; and the rest of the same sum shall be taken and levied from the second half of the same fifteenth and tenth granted in this same parliament in the form and manner as follows below: that is to say, from the said first half of the said fifteenth and tenth granted in this same parliament to be levied in Norfolk, £800; and from the said first half of the said fifteenth and tenth granted in this same parliament to be levied in the city of London, £120; and from the said first half of the said fifteenth and tenth granted in this same parliament to be levied in Kent, £500; and from the said first half of the said fifteenth and tenth granted in this same parliament to be levied in the county of Hertford, £100; and from the said first half of the said fifteenth and tenth granted in this same parliament to be levied in Essex, £300; and from the said first half of the said fifteenth and tenth granted in this same parliament to be levied in the county of Huntingdon, £120; and from the said first half of the said fifteenth and tenth granted in this same parliament to be levied in the county of Cambridge, £200; and from the said first half of the said fifteenth and tenth granted in the same parliament to be levied in Wiltshire, £400; and from the said first half of the fifteenth and tenth granted in this same parliament to be levied in the county of Lincoln, £700; and from the said first half [p. v-235][col. a] of the said fifteenth and tenth granted in this same parliament to be levied in the county of Northampton, £200; and from the said first half of the said fifteenth and tenth granted in this same parliament to be levied in the county of Nottingham, £200; and from the said first half of the said fifteenth and tenth granted in this same parliament to be levied in Sussex, £300; and from the said first half of the said fifteenth and tenth granted in this same parliament to be levied in Berkshire, £300; and from the said first half of the said fifteenth and tenth granted in this same parliament to be levied in Somerset, £300; and from the said first half of the said fifteenth and tenth granted in this same parliament to be levied in the county of Oxford, £360; and from the said first half of the said fifteenth and tenth granted in this same parliament to be levied in Suffolk, £400: to be taken and levied by the hands of the collectors of the said first half of the said fifteenth and tenth at the time. And from the said second half of the said fifteenth and tenth granted in this same parliament to be levied in the said Norfolk, £500; and from the said second half of the said fifteenth and tenth granted in this same parliament to be levied in the said city of London, £120; and from the said second half of the said fifteenth and tenth granted in this same parliament to be levied in the said Kent, £400; and from the said second half of the said fifteenth and tenth granted in this same parliament to be levied in the said county of Hertford, £100; and from the said second half of the said fifteenth and tenth granted in this same parliament to be levied in the said Essex, £200; and ffrom the said second half of the said fifteenth and tenth granted in this same parliament to be levied in the said county of Huntingdon, £120; and from the said second half of the said fifteenth and tenth granted in this same parliament to be levied in the said county of Cambridge, £200; and from the said second half of the said fifteenth and tenth granted in this parliament to be levied in the said Wiltshire, £260; and from the said second half of the said fifteenth and tenth granted in this same parliament to be levied in the said county of Lincoln, £500; and from the said second half of the said fifteenth and tenth granted in this same parliament to be levied in the said county of Northampton, £100; and from the said second half of the said fifteenth and tenth granted in this same parliament to be levied in the said county of Nottingham, £100; and from the said second half of the said fifteenth and tenth granted in this same parliament to be levied in the said Sussex, £300; and from the said second half of the said fifteenth and tenth granted in this same parliament to be levied in the said Berkshire, £300; and from the said second half of the said fifteenth and tenth granted in this same parliament to be levied in the said Somerset, £200; and from the said second half of the said fifteenth and tenth granted in this same parliament to be levied in the said county of Oxford, £300; and from the said second half of the said fifteenth and tenth granted in this same parliament to be levied in the said Suffolk, £300: to be taken and levied from the collectors of the said second half of the said fifteenth and tenth at the time. And that the said treasurer and victualler of Calais shall receive in particular all the said sums of money in the aforesaid form from the said collectors by separate indentures to be made thereupon between them. And that the same treasurer and victualler of Calais shall have from time to time such and as many writs and warrants on this same act out of the king's chancery under his great seal directed to each of the said collectors [col. b] of the said fifteenth and tenth so granted in this parliament for the payment and satisfaction of the said sums of money in the aforesaid form, to be made to the aforesaid treasurer and victualler of Calais by such indentures and other warrants under the same seal directed to the barons of the king's exchequer to cause due allowance to be made to the said collectors of all such payments thus to be made by the said indentures of the foregoing according to the intent of this act: and that the same collectors shall have allowance by the same indentures of all the said sums of money to be paid by them in the aforesaid form to the said treasurer and victualler of Calais of the said fifteenth and tenth in their accounts in the king's exchequer, and by no other warrants or assignments. And that all manner of pardons and discharges touching and concerning the said sums of money thus to be paid as is said above, other than the said indentures, to be made to any of the said collectors shall be void and of no force or effect.
Provided alweys, that all assignementes made of the seid .xv. me and .x. me before the < seid > .xvi. day of May be not prejudiced nor hurte by this acte: and that this same acte be not in eny wyse empaired, hurte nor prejudiced, by eny manere of assignement, graunte, or othir discharge to be made of eny of the premissis, aftir the seid .xvi. day of May. Furthermore hit is ordeigned by auctorite aforeseid, that if the seid tresorer and vitailler be let of paiement of eny of the seid sommes, by reason or colour of eny assignement or graunte by auctorite of parlement or othirwise made or to be made; that than the chaunceler of Englond for the tyme beyng have power to make, and that he without delay make, without eny othir suete to the kynges highnesse or othirwise to be made, sufficiant lettres patentes under his grete seale to the seid tresorer and vitailler, of graunte of as grete sommes as they shall be letted to resceyve of the seid sommes, by colour of eny suche assignementes or graunte, to be taken of the residue of the seid second halvyndele of the seid .xv. me and .x. me , over the sommes abovesaid by this acte ordeined < and > purveide to be paide to the seid tresorer and vitailler, of the seid second halvyndele. Provided also, that the seid tresorer and vitailler resceyve nor have more somme than .ix. .m. .ccc.li. by reason or colour of this acte. Provided also, that this acte extende not nor in eny wyse be prejudiciall to eny assignement, graunte or reteignour made, assigned, ordeigned, or to be made, assigned, ordeigned or graunted, to eny persone or persones or communalte, uppon the seid .xv. me and .x. me , for money lent or chevisshed without fraude or collucion, for the contentation of the wages of the Viscount Lysle, the Lordes Moleyns and Cammoys, and othir in theire feloship, for the defence of this lande. Provided always that all assignments made of the said fifteenth and tenth before the said 16 May shall not be prejudiced or harmed by this act: and that this same act shall not be impaired, harmed or prejudiced in any way by any manner of assignment, grant, or other discharge to be made on any of the foregoing after the said 16 May. It is further ordained by the aforesaid authority that if the said treasurer and victualler is prevented from receiving payment of any of the said sums by reason or pretext of any assignment or grant made or to be made by the authority of parliament or otherwise, that then the chancellor of England at the time shall have power to make, and that he shall make without delay, without any other suit to be made to the king's highness or otherwise, sufficient letters patent under his great seal to the said treasurer and victualler of a grant of as large sums as they shall be prevented from receiving from the said sums by pretext of any such assignments or grant, to be taken from the rest of the said second half of the said fifteenth and tenth over the abovesaid sums ordained and provided by this act to be paid to the said treasurer and victualler from the said second half. Provided also that the said treasurer and victualler shall not receive nor have more money than £9,300 by reason or pretext of this act. Provided also that this act shall not extend nor be prejudicial in any way to any assignment, grant or retainer made, assigned, ordained, or to be made, assigned, ordained or granted to any person or persons or community on the said fifteenth and tenth for money lent or borrowed without fraud or collusion for the satisfaction of the wages of the Viscount Lisle, the Lords Moleyns and Camoys and others in their company for the defence of this land.
[memb. 22]
Pro prompta solutione vadiorum ac vitellatione soldariorum ville et castri Cales'. Concerning the prompt payment of the wages and the victualling of the soldiers of the town and castle of Calais.
18. Item, quedam alia petitio exhibita fuit eidem domino regi, in presenti parliamento, per thesaurarium et vitellarium Cales' in hec verba: 18. Item, another petition was presented to the same lord king in the present parliament by the treasurer and victualler of Calais in these words:
For the suerte and saufgarde of the towene and castell of Cales' with the marches there, and for redy payement to be had for wages and vitaillement of the soudeours and officers of the same towene and castell and marches: please it the kyng our soveraigne lord, that where .xx. s. parcell of the seid subsidie of every sakke wolle, .xx. s. of every .ccxl. wolfell, and .xx. s. of every last hydes, to his highnesse graunted in this present parlement, by auctorite of the same, was appointed and assigned to the tresorer and vitailler of Caleys for the tyme beyng, for the redy paiement of wages and vitaillement aforseid, not expressyng by whoos hondes the seid sommes of money shuld be resceyved, [p. v-236][col. a] to ordeigne and establishe by auctorite of this same parlement, that the same sommes of money be applied and emploide duryng the tyme of the seid graunte, uppon the paiement of the seid wages and vitaillement, for to be delivered immediatly by the hondes of the custumers or collectours of the seid subsidie within this seid realm, unto the hondes of the seid tresorer and vitailler of Caleys for the tyme beyng, or to theire certayn attourney, by severall indentures bytwene the seid custumers and collectours, and the seid tresorer and vitailler, or ther certeyn attourney theruppon to be made; that is to wete, the tresorer of Caleys to resceyve from tyme to tyme, .xiij. s. .iiij. d. of the seid .xx. s., and the seid vitailler of Caleys to resceyve in lykewyse .vi. s. .viij. d., the residue of the same .xx. s.; and that the seid custumers nor collectours nor noon of theym, withdrawe, concele nor imbesile, eny parte or parcell of the seid .xx. s. from the seid tresorer and vitailler, nor from ther certeyn attourney in eny wyse, but that they duely and truely delivere to theim at the ende of every shippyng, the seid parte of the seid subsidie as it is afore rehersed, uppon peyne of forfaiture of asmoche as hit can be founde that he so withdrawith, conceleth or imbesileth; wherof the .iij. e parte to be applied in paiement of wages to the tresorer and vitailler of Caleis, in manere and fourme as is aforeseid, and the residue therof to be emploide uppon the reparations at Caleis by the seid tresorer and vitailler ther. And the seid indentures shall be sufficiaunt and clere discharge of the sommes of money conteigned within the same indentures, unto the seid custumers or collectours uppon their accomptes in the eschequier, from tyme to tyme. Provided alwey, that this acte extende not ne in eny wise be prejudiciall to the acte made for Humfrey duke of Buk' late capitaine of Cales', for contentyng of wages and fees due unto the seid duke and the soudeours of Cales', unto the tyme that they be fully content and paide of ther seid wages and fees. For the security and safe-keeping of the town and castle of Calais along with its marches and for the prompt payment to be made for the wages and for the victualling of the soldiers and officers of the same town and castle and marches: may it please the king our sovereign lord that, whereas 20 s ., part of the said subsidy on every sack of wool, 20 s . on every 240 woolfells, and 20 s . on every last of hides granted to his highness in this present parliament by the authority of the same, was appointed and assigned to the treasurer and victualler of Calais at the time for the prompt payment of the aforesaid wages and for the victualling, not specifying by whose hands the said sums of money should be received, [p. v-236][col. a] to ordain and establish by the authority of this same parliament that the same sums of money be applied and employed during the time of the said grant on the payment of the said wages and the victualling to be delivered immediately by the hands of the customs officers or collectors of the said subsidy within this said realm into the hands of the said treasurer and victualler of Calais at the time, or to their deputy, by separate indentures to be made thereupon between the said customs officers and collectors and the said treasurer and victualler, or their deputy; that is to say, the treasurer of Calais to receive from time to time 13 s . 4 d . of the said 20 s ., and the said victualler of Calais to receive in like manner 6 s . 8 d ., the rest of the same 20 s .; and that the said customs officers or collectors, or any of them, shall not withhold, conceal or embezzle any part or parcel of the said 20 s . from the said treasurer and victualler nor from their deputy in any way, but that they shall duly and truly deliver to them the said part of the said subsidy as it is mentioned above at the end of every shipment, upon pain of forfeiture of as much as it can be found that he so withholds, conceals or embezzles; of which the third part shall be applied to the payment of wages to the treasurer and victualler of Calais, in the manner and form as is said above, and the rest of it shall be used on the repairs at Calais by the said treasurer and victualler there. And the said indentures shall be sufficient and clear discharge of the sums of money contained on the same indentures to the said customs officers or collectors on their accounts in the exchequer from time to time. Provided always that this act shall not extend nor be prejudicial in any way to the act made for Humphrey, duke of Buckingham, late captain of Calais, for the satisfaction of the wages and fees due to the said duke and the soldiers of Calais until the latter are fully satisfied and paid their said wages and fees.
Qua quidem petitione, in parliamento predicto lecta, audita et plenius intellecta, de avisamento et assensu dominorum spiritualium et temporalium, ac assensu communitatis regni Anglie in eodem parliamento existentium, respondebatur eidem in forma sequenti: Which petition having been read, heard and fully understood in the aforesaid parliament, with the advice and assent of the lords spiritual and temporal and the assent of the commons of the realm of England assembled in the parliament, it was answered to the same in the following form:
Soit fait come il est desire. Let it be done as it is desired.
[memb. 21]
Concessio medietatis unius .xv. e et .x. e . The grant of a half fifteenth and tenth.
19. Memorandum, quod prefati communes, in presenti parliamento, coram domino rege, secundo die Julii anno predicto comparentes, per Thomam Thorp prelocutorem suum declarabant, qualiter ipsi, de assensu dominorum spiritualium et temporalium in parliamento predicto existentium, concesserunt prefato domino regi medietatem unius quintedecime et decime, exceptis tribus milibus librarum de eadem medietate quintedecime et decime, sub certa forma in quadam indentura inde confecta, et domino regi die illo in eodem parliamento exhibita contenta deducendarum, de laico populo regni Anglie levandarum. Tenor [...] cujus indenture sequitur in hec verba: 19. Be it remembered that the aforesaid commons in the present parliament, appearing before the lord king on 2 July in the aforesaid year [1453], declared through Thomas Thorpe, 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 half fifteenth and tenth to be levied on the laity of the realm of England, except for £3,000 to be deducted from the said half fifteenth and tenth, under a certain form contained in a certain indenture made thereupon and presented to the said lord king in the aforesaid parliament. The tenor of which indenture follows in these words:
To the wurship of God, we your true pouere communes, by your high commaundement commen to this your present parlement for the shires, citees and burghs of this youre noble realm, by thassent of the lordes spirituelx and temporelx by your auctorite royal in this your seid parlement, graunte by this present indenture to you our soveraine lord, for the defence of this your said realm, an halfe quinszisme, and an halfe disme, except the somme of .iij. .m.li. to be deducte therof, in relif and comfort of the pouere towenes desolate, wasted and destroied, or to the seid halfe quinszisme [col. b] and halfe disme over gretely charged, or to gretely empoverysshed; the seid halfe quinszisme and halfe disme, except before except, to be paied and leveied of the godes moevables of the laye people of this your realm, in manere and fourme accustumed; that on moyte of the seid halfe quinszisme and half disme, except afore except, to be paied to you soveraine lord at the fest of the Purification of the Blessed Mary the Virgine; and that othir moyte of the seid half quinszisme and halfe disme, except before except, to be paide at the fest of the Nativite of Seint John Baptiste, that shall be in the yere of Our Lord .mccccliiij.; alwey forseyn, that the citee of Lincoln', nothir the inhabitauntez of the same, the subarbes and the procincte therof, nothir towne of Mochill Jernemuth in the shire of Norff', nothir the inhabitauntes therof, of the seid halfe quinszisme and halfe disme, or to eny parte therof, by force of this said graunte to paie be compelled, nothir in eny wyse charged, for eny gode that they have withinne the seid citee and towne; but that they, theire heires and successours, ayenst you soveraine lord, your heires and successours, therof and of every parcell therof be utterly quyte and discharged; and that semblable auctorite and power be had and ordeined for the seid deduction duely to be made, as hath byn afore this tyme for the deduction of .iij. .m.li. of an halfe quinszisme and [...] halfe disme, to you afore this tyme graunted, and thallouaunce therof to be hadde. (fn. v-227-112-1) For the honour of God, we your poor commons who have come to this your present parliament by your high command for the counties, cities and boroughs of this your noble realm, by the assent of all the lords spiritual and temporal assembled in this your said parliament by your royal authority, grant by this present indenture to you our sovereign lord, for the defence of this your said realm, a half fifteenth and a half tenth, except for the sum of £3,000 to be deducted therefrom in relief and support of the poor towns which are desolate, laid waste and destroyed, or which are too much overburdened or too much impoverished by the said half fifteenth [col. b] and half tenth; the said half fifteenth and half tenth, save for the previous exception, to be paid and levied on the moveable goods of the laity of this your realm in the customary manner and form; that one half of the said half fifteenth and half tenth, save for the previous exception, to be paid to you, sovereign lord, at the feast of the Purification of St Mary the Virgin [2 February 1454], and the other half of the said half of the said half fifteenth and half tenth, save for the previous exception, to be paid at the feast of the Nativity of St John the Baptist 1454; always saving that the city of Lincoln nor the inhabitants of the same, the suburbs and precinct thereof, nor the town of Great Yarmouth in Norfolk, nor the inhabitants thereof shall be compelled to pay the said half fifteenth and half tenth, or any part of it, by force of this said grant, nor charged in any way for any goods that they have inside the said city and town; but that they, their heirs and successors, shall be completely quit and discharged of this, and of every part of it, towards you, sovereign lord, your heirs and successors; and that similar authority and power shall be granted and ordained for the said deduction duly to be made, as has been the case in the past, for the deduction of £3,000 from the half fifteenth and half tenth granted to you before this time, and allowance to be made for this. (fn. v-227-112-1)
Prorogatio et adjornatio parliamenti. Prorogation and adjournment of parliament.
20. Item, eodem secundo die Julii, dicta concessione medietatis quintedecime et decime per prefatum Thomam Thorp nomine communium predictorum ut predicitur primitus recitata et declarata; venerabilis pater Johannes cardinalis et archiepiscopus Cantuar', cancellarius Anglie, ex parte domini regis, prefatis communibus gratias tenerime reddidit; ac idem dominus rex insequenter ore suo proprio prefatis communibus dixit: Nos vobis intime regratiamur, et ne dubitetis quin vobis erimus graciosus et benevolus dominus'. Et tunc dictus cancellarius, de mandato ejusdem domini regis, prefatis communibus iterum allocutus est recitando, qualiter predictus dominus rex multiplices labores et diligentias per ipsos communes in presenti parliamento sustentatos, necnon moram suam ac dominorum suorum diutinam bene considerans, et quod in persona sua propria ad diversas regni partes laborare fuit dispositus, ad illam intentionem et finem quod manutenentia, extorsio, oppressio, riote, et alia malefacta a tamdiu infra regnum suum Anglie usitata destruerentur, et factores sive perpetratores eorumdem juxta eorum demerita punirentur et corrigerentur; sicque prefati communes, cum ad propria redirent, de prefati domini regis dispositione referrent; attendens etiam idem dominus rex diversas petitiones in presenti parliamento exhiberi, et eisdem nondum responderi, quibus si darentur responsa, majorem deliberationem ac moram diuturniorem haberi oportebat, quod adtunc commode minime fieri potuit, eo quod tempus autumpnale instetit, in quo magnatibus circa suos recreationes et deductus, ipsisque communibus circa suarum fugum congregationem intendere competebat, hiis et aliis ductus rationibus et causis, presens parliamentum suum, usque duodecimum diem Novembris tunc proxmum sequentem voluit prorogari, et ad dictam villam de Redyng adjornari, ac illud realiter sic prorogavit et adjornavit: omnibus et singulis quorum interfuit firmiter injungendo, quod dicto duodecimo die Novembris, apud predictam villam de Redyng, excusatione quacumque cessante, personaliter convenirent, ad tractandum, communicandum et consentiendum super hiis que tunc ibidem, favente domino, contigerint ordinari. 20. Item, on the same 2 July with the said grant of a half fifteenth and tenth having first been recited and declared by the aforesaid Thomas Thorpe in the name of the aforesaid commons, as stated above, the venerable father John, cardinal and archbishop of Canterbury, chancellor of England gave warm thanks to the aforesaid commons on behalf of the lord king; and the same lord king himself immediately said to the aforesaid commons: We thank you most cordially. Do not doubt that we shall be a gracious and benevolent lord to you. And then the said chancellor, at the command of the same lord king, again spoke to the aforesaid commons saying how the aforesaid lord king, considering fully the great labour and diligence given by the commons themselves in the present parliament, and also the long duration of his own attendance and that of his lords, and that it had been arranged for him himself to travel to various parts of the realm to the intention and end that maintenance, extortion, oppression, riots and other misdeeds accustomed in his realm of England for so long a time might be destroyed and the doers or perpetrators of the same be punished and corrected according to their demerits; and so the aforesaid commons, when they returned home, might report the order of the aforesaid lord king; the same lord king, considering also the various petitions to be presented in the present parliament, and not yet answered, for which, to be given an answer, great deliberation and a longer attendance would be required, which then could not be conveniently done because autumn was approaching when it was fitting for the lords to attend to their recreations and hunting, and the commons themselves to their harvest, for these and other reasons and causes has willed his present parliament to be prorogued until 12 November then next following and to be adjourned to the said town of Reading, and thus he indeed prorogued and adjourned it, firmly enjoining each and every one whom it concerned that they should assemble in person on the said 12 November at the aforesaid town of Reading without any excuse, there to discuss, commune together and agree on what should then be ordained on these matters, God willing.
[p. v-237]
[col. a]
21. Memorandum, quod dictus dominus rex, in presenti parliamento tradidit et deliberavit quasdam cedulas in pergameno, signo suo manuali signatas, quas in rotulo ejusdem parliamenti inseri et inactitari mandavit, quarum tenores sequntur in hec verba: 21. Be it remembered that the said lord king handed over and delivered in the present parliament certain schedules of parchment signed by his own hand which he commanded be inserted and registered on the roll of the same parliament, the tenors of which follow in these words:
< Edmond erle of Richmond and Jasper erle of Pembrock. > Edmund, earl of Richmond, and Jasper, earl of Pembroke.
Provided alwey, that this present acte or ordinaunce be in no wyse hurtyng, prejudiciall, neithir extende to eny graunte, gifte or confirmation, grauntes, giftes or confirmations, by us or by eny othir persone or persones made or to be made, yeven, graunted or confirmed, unto Edmond counte of Richemond, and Jasper counte of Pembroch, or to either of theym, be what name or names the seid Edmond or Jasper be named or called in eny of the seid giftes, grauntes or confirmations. And savyng also to every othir persone or persones theire right, title, interest or clayme in the premisses, or eny of theym, and theire actions and petition to recovere estate of fee symple, fee taile, free holde, or terme of yeres, accordyng to theire title, interest, or clayme in the same. Provided always that this present act or ordinance shall in no way be harmful, prejudicial, nor extend to any grant, gift or confirmation, grants, gifts or confirmations made or to be made by us or by any other person or persons given, granted or confirmed to Edmund, earl of Richmond, and Jasper, earl of Pembroke, or to either of them, by any name or names the said Edmund or Jasper are named or called in any of the said gifts, grants or confirmations. And saving also to every other person or persons their right, title, interest or claim in the foregoing, or any of them, and their actions and petition to recover estate of fee-simple, fee-tail, freehold, or a term of years according to their title, interest, or claim in the same.
< Priour of Seint John Jerlm' England. > The prior of St John of Jerusalem in England.
Provided also, that by this acte of the kynges houshold, nor by the acte for the kynges warderobe, nor by eny othir acte made in this present parlement, no prejudice, hurt or derogation, be do to eny graunte or grauntes made by the kyng by his lettres patentes to Robert Botyll, priour of Seint Johns Jerusalem in Englond, nor to his executours or successours, of eny sommes of money to be had and taken to hym of subsidies of .iij. s. of the tonne, and .xij. d. of the pounde, in the portes of the realm of Englond, or in eny of theim, for his wages due unto him, by cause or reason of thambassiate by the kynges commaundement by hym made to his uncle of Fraunce, and fro thens to the court of Rome and othir places, but that the said lettres patentes and everyche of theym stonde good, effectuell and availlable; this seid acte, and all othir actes above rehersed, notwithstondyng. And that all the custumers or collectours of the seid subsidies and everyche of theym, in the portes aforeseid and in everyche of theim, by this seid acte, nor by eny othir acte made in this seid present parlement, in no wyse be endaungered, hurte or greved, for or executyng of eny of the seid grauntes to the seid Robert made and had, ne for the contentementz and paiementz to the same Robert, aftir the tenour of the seid grauntes made or to be made; but that the seid custumers or collectours and everyche of theym, of the seid contentementz and paiementz so by theim made or to be made, a nentes the kyng by quiete and discharged for ever. Provided also that by this act for the king's household, nor by the act for the king's wardrobe, nor by any other act made in this present parliament, no prejudice, harm or derogation shall be caused to any grant or grants made by the king by his letters patent to Robert Botyll, prior of St John of Jerusalem in England, nor to his executors or successors, of any sums of money to be received and taken by him from subsidies of 3 s . on the tun and 12 d . on the pound in the ports of the realm of England or in any of them, for his wages due to him because or by reason of the embassy made by him by the king's command to his uncle in France, and from there to the court of Rome and other places, but that the said letters patent and each of them shall remain good, effective and valid; notwithstanding this said act and all the other acts mentioned above. And that all the customs officers or collectors of the said subsidies, and each of them, in the aforesaid ports and in each of the same, shall not be endangered, harmed or grieved by this said act, nor by any other act made in this said present parliament for or [in] executing any of the said grants made and given to the said Robert, nor for the satisfactions and payments made or to be made to the same Robert according to the tenor of the said grants; but that the said customs officers or collectors, and each of them, shall be quit and discharged forever towards the king of the said satisfactions and payments so made or to be made by them.
< Willyam Beauchamp. > William Beauchamp.
Provided also, that by this acte or eny othir acte made in this present parlement, none hurt nor prejudice be doon to William Beauchamp, of, to or for touching eny graunte or grauntes to hym made by the kynges lettres patentes, by what name so ever the seid William in eny of the seid lettres patentes be named or called. Provided also that by this act or any other act made in this present parliament no harm or prejudice shall be caused to William Beauchamp concerning, to or for any grant or grants made to him made by the king's letters patent by any name the said William is named or called in any of the said letters patent.
< M. Thomas Leseux, keeper of the pryvye seall. > Master Thomas Liseux, keeper of the privy seal.
Provided also, that in no manner wyse this acte of provision for our houshold, or eny othir acte in this present parlement, be prejudiciall to Maister Thomas Leseux, keper of our prive seel, or hurte hym of or for eny graunte or graunts, assignation or assignations, made or to be made unto hym by our lettres patentes under our grete seel, or by taille or tailles rered or to be rered at the receite of our eschequier, or by eny assignation to be made under the seel of the receite of our seid eschequier, duryng the tyme that the seid Maister Thomas hath and shal be keper of our seid prive seel, for the daily wages of .xx. s. belangyng unto hym for the kepyng of the seid office. And that noon custumer, shirref, fermour, or othir officer of our, be endangered, hurted or greved, for or in executyng of, or for eny of the graunte or grauntes, assignation or assignations above specified, for eny paiement unto the [col. b] seid Maister Thomas keper of our prive seel, of the seid .xx. s. by the day belangyng to the said office, duryng the tyme abovesaid, but that they be fully quited and discharged. And furthermore, we woll that everyche of our graunte or grauntes, assignation and assignations, made and to be made as above, be good and effectuell, and truely paied unto the seid Maister Thomas, aftir < þe tenoure, > effecte and purpose of theim, and of everyche of theim. Provided also that this act of provision for our household, or any other act in this present parliament, shall be prejudicial in any way to Master Thomas Liseux, keper of our privy seal, or harm him concerning or for any grant or grants, assignment or assignments made or to be made to him by our letters patent under our great seal, or by tally or tallies raised or to be raised at the receipt of our exchequer, or by any assignment to be made under the seal of the receipt of our said exchequer during the time that the said Master Thomas has been and shall be keeper of our said privy seal for the daily wages of 20 s . belonging to him for the occupation of the said office. And that no customs officer, sheriff, farmer or other officer of ours shall be endangered, harmed or grieved for or in executing, or concerning any of the grant or grants, assignment or assignments specified above for any payment to the [col. b] said Master Thomas, keeper of our privy seal, of the said 20 s . a day belonging to the said office during the abovesaid time, but that they shall be fully quit and discharged. And furthermore, we will that each of our grant or grants, assignment and assignments made and to be made as above shall be good and effective and truly paid to the said Master Thomas according to the tenor, effect and purpose of them, and of each of them.
< M. Thomas Kent, clerke of the counsell. > Master Thomas Kent, clerk of the council.
Provided also, that by this acte of the kynges houshold, nor by thacte made for the kynges warderobe, nor by noon othir acte made in this present parlement, no prejudice nor hurte be doo to eny graunte or grauntes or assignation, made by the kyng by his lettres patentes to Maister Thomas Kent, clerk of his counseill, of eny sommes of money to be had, taken or resceyved, for his goyng on the kynges ambassade at eny tyme afore this; but that the seid grauntes and lettres patentes and everyche of theim, stonde goode, effectuell and availlable; the seid acte, and all othir actes above rehersed, notwithstondyng. And that all custumers or collectours and officers of the kynges, by noon of the seid actes in no wyse be endangered, hurte nor greved, for or in executyng of the seid grauntes or lettres patentes, or eny of theim; but that they and eche of theim, of all contentements and paiementes by theim made or to be made, by vertue of the seid grauntes or lettres patentes, ayenst the kyng be quite and discharged for evermore. Provided also that by this act of the king's household, nor by the act made for the king's wardrobe, nor by any other act made in this present parliament, no prejudice or harm shall be caused to any grant or grants or assignment made by the king by his letters patent to Master Thomas Kent, clerk of his council, of any sums of money to be obtained, taken or received for his going on the king's embassy at any time in the past; but that the said grants and letters patent and each of them shall remain good, effective and valid; notwithstanding the said act, and all other acts mentioned above. And that all customs officers or collectors and king's officers shall not be endangered, harmed or grieved in any way by any of the said acts for or in executing the said grants or letters patent, or any of them; but that they and each of them shall be quit and discharged forever towards the king of all satisfactions and payments made or to be made by them by virtue of the said grants or letters patent.
< John Penycocke, squier for his body. > John Penycok, esquire for the king's body.
Provided also, that this acte or petition extende not ne be prejudiciall to John Penycok, othirwise called John Penycooke, oon of the esquiers for our body, or what name he be called, to or of eny graunte or grauntes of eny lordshippes, maners, londes, tenementes, rentes, reversions, offices, wardes, mariages, leeses, confirmations, licences of shippyng of wolle or wolfelle, or eny othir merchaundises, or eny othir possessions or thyng to hym graunted, or to his heires generally, or with any othir joyntely to his use by us of eny of the premisses gevenne or made; and that our lettres patentes to him severally, or to his heires male generally with othir joyntely to his use, or to eny othir persone or persones to his use made, of eny of the premisses, be not comprised within this acte, or eny othir acte or actes made or to be made in this present parlement, but therof and eche of theim be utterly except and forprised notwithstondyng. Provided also that this act or petition shall not extend nor be prejudicial to John Penycok, otherwise called John Penycooke, one of the esquires for our body, or any name he is called, to or for any grant or grants of any lordships, manors, lands, tenements, rents, reversions, offices, wards, marriages, leases, confirmations, licences for shipping wool or woolfells or any other merchandise, or any other possessions or thing granted to him or to his heirs generally, or with any other jointly for his use given or made by us of any of the foregoing; and that our letters patent made to him individually, or to his male heirs generally with others jointly for his use, or to any other person or persons for his use of any of the foregoing shall not be included in this act, or any other act or acts made or to be made in this present parliament, but [that they] and each of them shall be completely quit and excepted from this, notwithstanding [any act].
< John Hamton, squier for his body, and Willyam Lynd. > John Hampton, esquire for the king's body, and William Lynd.
Provided also, that eny acte made in this parlement extende not nor be prejudiciall unto John Hampton, squier for the body, and William Lynde, of a graunte made by us unto theim by our lettres patentes, for the paiement and contentation of .clxxviij.li. .xiij. s. .iiij. d. to be take of the custumes and subsidies in the portes of Suthampton and Yeppeswyche, but the seid lettres patentes unto theim be good and effectuell in the lawe, eny suche acte notwithstondyng. Provided also that any act made in this parliament shall not extend nor be prejudicial to John Hampton, esquire for the body, and William Lynd concerning a grant made by us to them by our letters patent for the payment and satisfaction of £178 13 s . 4 d . to be taken from the customs and subsidies in the ports of Southampton and Ipswich, but the said letters patent for them shall be good and effective in the law, notwithstanding any such act.
< Robert Manfelld, squier for his body. > Robert Manfield, esquire for the king's body.
Provided also, that eny acte made in this parlement extende not nor be prejudiciall to Robert Manfeld, squier for our body, in and of eny grauntes by our lettres patentes, or eny assignementz made unto hym by tailles or othirwise, of eny sommes of money; but that the seid lettres patentes and assignementez be good and effectuell unto hym in the lawe, eny suche acte notwithstondyng. Provided also that any act made in this parliament shall not extend nor be prejudicial to Robert Manfield, esquire for our body, to or for any grants made by our letters patent, or any assignments made to him by tallies or otherwise of any sums of money; but that the said letters patent and assignments shall be good and effective to him in the law, notwithstanding any such act.
< Thomas Wallsingham. > Thomas Walsingham.
Provided also, that nothir this acte, nothir eny othir acte made in this present parlement, extende not nor be prejudiciall in eny wyse to eny graunte by us made to Thomas Walsyngham, by our lettres patentes beryng date the .viij. day of May, the .xix. yere of our reigne, graunted to hym by the name of Thomas Walsyngham of London merchaunt, for to shippe yerely fro the first day of Juyn then last passed, .c. sakkes of wolle in galeys or carrakes, in our porte of our citee of London, [p. v-238][col. a] or in our porte of Suthampton, atte wille of the seid Thomas, and them to send to certeine parties in the same lettres specified, as in the same lettres patentes hit is conteigned more atte large. And that the seid lettres patentes, and our graunte in the same specified, be except and utterly forprised out of this acte, and of all othir actes made in this present parlement. Provided also that neither this act nor any other act made in this present parliament shall extend or be prejudicial in any way to any grant made by us to Thomas Walsingham by our letters patent bearing the date 8 May in the nineteenth year of our reign [1441], granted to him by the name of Thomas Walsingham, merchant of London, in order to ship each year from 1 June then last past 100 sacks of wool in galleys or carracks in our port of our city of London, [p. v-238][col. a] or in our port of Southampton at the will of the said Thomas, and to send them to certain regions specified in the same letters, as is more fully contained in the same letters patent. And that the said letters patent, and our grant specified in the same, shall be excepted and completely excluded from this act and from all other acts made in this present parliament.
< Willyam Beaufitz, clerk of his cellers. > William Beaufitz, clerk of the king's cellars.
Provided also, that eny acte made or to be made in this our parlement, extende not ne be prejudiciall to William Beaufitz, clerc of our celers, nor to eny grauntes or assignementz made or to be made to him by our lettres patentes or othirwyse, by what name so ever he be called in theym, or in eny of theym, of or for eny sommes of money by us due, or in eny wyse apperteinyng or belongyng unto hym before this our said parlement: but that all suche grauntes and assignementz, made or to be made to the seid William, by what name so ever he be called in theim, of or for eny suche duetes or sommes of money, be to the same William and to his executours gode, effectuell and availlable, aftir the fourme conteigned in the same. Provided also that any act made or to be made in this our parliament shall not extend nor be prejudicial to William Beaufitz, clerk of our cellars, nor to any grants or assignments made or to be made to him by our letters patent or otherwise, by any name he is called in them, or in any of them, of or for any sums of money due to us, or in any way appertaining or belonging to him before this our said parliament: but that all such grants and assignments made or to be made to the said William by any name he is called in them of or for any such dues or sums of money shall be good, effective and valid to the same William and to his executors according to the form contained in the same.
[memb. 20]
Prorogatio parliamenti. Prorogation of parliament.
22. Memorandum, quod duodecimo die Novembris, anno dicti domini regis tricesimo secundo, in quem diem presens parliamentum prorogatum et adjornatum existit, dominis spiritualibus et temporalibus, ac communibus regni Anglie, in dicto parliamento apud dictam villam de Redyng in domo refectorii abbacie ibidem ad hoc preparata simul comparentibus; venerabilis pater Johannes cardinalis et archiepiscopus Cantuar', cancellarius Anglie, de mandato ejusdem domini regis speciali, ipso rege absente, recitavit quod cum prefatus dominus rex, pro quibusdam arduis et urgentibus negotiis ipsum, ac statum et defensionem regni sui Anglie, ac ecclesie Anglicane concernentibus, presens parliamentum suum apud dictam villam de Redyng, sexto die Martii ultimo preterito fecerit convocari, et usque vicesimum octavum diem ejusdem mensis ibidem, favente domino, teneri et continuari; quo quidem tempore, quamplures et notabiles concessiones per prefatos communes eidem domino regi fuerint facte; pro quibus concessionibus, ac etiam pro magnis teneritate et amoris naturalitate sibi per ipsos adtunc ostensis, idem dominus rex prefatis communibus multum regraciabatur, promittens eis dominum suum graciosum fore et benevolum. Et pro eo quod ipse, sacrum et solempne festum Pasche adtunc appropinquare considerans, dictum parliamentum suum, usque vicesimum quintum diem Aprilis tunc proximum futurum usque palatium suum Westm' adjornaverit et prorogaverit, quod quidem parliamentum eodem vicesimo quinto die Aprilis apud dictum palatium reassumptum, ibidem usque secundei diem Julii tunc proximum sequentem tentum et continuatum fuerit; ad quem quidem secundum diem Julii, dictus dominus rex continuam [moram] [...] domini et communes predicti eidem intendendo parliamento sustinuerunt; et quod diversis petitionibus in eodem parliamento exhibitis minime responsum fuerit, nec adtunc commode fieri potuerit, eo quod tempus autumpnale adtunc institerit, considerans, dictum parliamentum suum usque predictum duodecimum diem Novembris, et usque dictam villam de Redyng a palatio suo Westm' adjornaverit et prorogaverit. Et pro eo quod idem dominus rex, de magna mortalitate in dicta villa de Redyng jam regnante, quam quilibet pro posse suo vitare intendat, edoctus fuerit, ac pro aliis certis de causis pro quibus ad dictos diem et locum non venerit, prefato cardinali et archiepiscopo dederit in mandatis, ac sibi per litteras ipsius regis patentes magno sigillo suo sigillatas potestatem et auctoritatem commiserit, ad idem parliamentum a predicto duodecimo die Novembris, usque undecimum diem Februarii tunc proximum futurum usque ad Redyng predictam nomine [col. b] regio prorogandum et adjornandum. Quarum quidem litterarum tenor sequitur in hec verba: 22. Be it remembered that on 12 November in the thirty-second year of the said lord king [1453] to which day the present parliament was prorogued and adjourned, with the lords spiritual and temporal and the commons of the realm of England being present together in the said parliament at the said town of Reading in the refectory of the abbey there which had been prepared for this purpose; the venerable father John, cardinal and archbishop of Canterbury, chancellor of England, at the special command of the same lord king, with the king himself being absent, declared that, whereas the aforesaid lord king, on account of certain difficult and urgent business concerning him and the state and defence of his realm of England and the English church, had caused his present parliament to be summoned at the said town of Reading on 6 March last, and to be held and continued there until the 28th day of the same month, God willing; at which time very many and notable grants were made to the same lord king by the aforesaid commons; for which grants, and also for of the great kindness and innate love then shown to him by them, the same lord king gave many thanks to the aforesaid commons, promising them to be their gracious and benevolent lord. And because he himself, considering the holy and solemn feast of Easter which was then approaching, adjourned and prorpogued his said parliament until 25 April then following to his palace of Westminster, which parliament resumed on the same 25 April at the said palace and was held and continued there until 2 July then next following; on which 2 July the said lord king, considering the continuous stay the aforesaid lords and commons had sustained for the same, and that various petitions presented in the same parliament were unable to be answered, nor able to be conveniently done at that time because autumn was then approaching, adjourned and prorogued his said parliament until the aforesaid 12 November and to the said town of Reading from his palace of Westminster. And because the same lord king had been informed of the great plague now prevailing in the said town of Reading, that everyone should look to avoiding, and he was unable to come on the said day and to the said place for other reasons, commanded the aforesaid cardinal and archbishop and committed power and authority to him by letters patent of the king himself sealed with his great seal to prorogue and adjourn the same parliament in the royal name from the aforesaid 12 November until 11 February then next following [1454] at the aforesaid Reading. [col. b] The tenor of which letters follow in these words:
Henricus, Dei gratia, rex Anglie et Francie, et dominus Hibernie, omnibus ad quos presentes littere pervenerint, salutem. Sciatis quod cum parliamentum nostrum apud Redyng nuper inchoatum, et usque ad duodecimum diem Novembris proximum futurum ibidem tunc tenendum adjornatum existat; nosque ibidem ad diem illum ob certas causas personaliter interesse non possimus: nos idcirco, de circumspectione et industria venerabilis patris Johannis cardinalis et archiepiscopi Cantuar', cancellarii nostri Anglie, plenam fiduciam reportantes, assignavimus et ordinavimus eundem cardinalem et archiepiscopum, ad interessendum apud Redyng predictam, duodecimo die Novembris supradicto, et ad idem parliamentum ab eodem duodecimo die Novembris, usque undecimum diem Februarii proximim futurum, usque ad Redyng predictam nomine nostro prorogandum et adjornandum. In cujus rei testimonium, has litteras nostras fieri fecimus patentes. Teste me ipso apud Westm', .vi. die Novembris, anno regni nostri tricesimo secundo. Henry by the grace of God king of England and France and lord of Ireland to all to whom the present letters shall come, greeting. Know that, whereas our parliament recently commenced at Reading and then to be held there until 12 November is adjourned; and we are unable to be present there in person at that time on account of certain reasons: we therefore, having full confidence in the circumspection and industry of the venerable father John, cardinal and archbishop of Canterbury, our chancellor of England, have assigned and ordained the same cardinal and archbishop to be present at the aforesaid Reading on the aforesaid 12 November, and to prorogue and adjourn the same parliament in our name from the same 12 November until 11 February next following to the aforesaid Reading. In witness of which we have caused these our letters patent to be made. Witnessed by myself at Westminster, 6 November, in the thirty-second year of our reign [1453].
Per ipsum regem et consilium. By the king himself and council.
Quibus quidem litteris in pleno parliamento et in dictorum dominorum et communium presentia, aperte lectis et plenius intellectis, idem cardinalis et archiepiscopus, dictum presens parliamentum, ab eodem duodecimo die Novembris, usque dictum undecimum diem Februarii tunc proximum futurum, usque ad Redyng predictam, juxta tenorem litterarum predictarum, nomine regio realiter adjornavit et prorogavit; omnibus et singulis quorum interfuit firmiter injungendo, quod dicto undecimo die Februarii, apud predictam villam de Redyng, 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, contigerint ordinari. Which letters having been clearly read and fully understood in full parliament and in the presence of the said lords and commons, the same cardinal and archbishop indeed adjourned and prorogued the said present parliament in the royal name from the same 12 November until the said 11 February then next following to the aforesaid Reading according to the tenor of the aforesaid letters; firmly enjoining each and every one whom it concerned that they should assemble in person on the said 11 February at the aforesaid town of Reading, without any excuse, to discuss, commune together and agree there on what should then be ordained on these matters, for the good of peace and the profit of the king and realm, God willing.
Prorogatio et adjornatio parliamenti. Prorogation and adjournment of parliament.
23. Memorandum, quod undecimo die Februarii, apud dictam villam de Redyng, ad quos diem et locum presens parliamentum prorogatum existit, Johannes comes Wygorn', thesaurarius Anglie, in presentia dominorum spiritualium et temporalium, ac communium regni Anglie, infra abbaciam ville predicte simul comparentium, regratiatione tam prefatis dominis, quam communibus, de eorum laboribus et intendentiis ex parte dicti domini regis primitus facta, declaravit qualiter idem dominus rex, ob certas causas ad diem et locum predictos personaliter interesse non potuit, et idcirco, per litteras suas patentes assignavit et ordinavit eundem comitem ad idem parliamentum, ab eodem undecimo die Februarii, usque quartumdecimum diem ejusdem mensis Februarii, usque ad palatium regium Westm' nomine regio prorogandum et adjornandum. Quarum quidem litterarum tenor sequitur in hec verba: 23. Be it remembered that on 11 February [1454] at the said town of Reading, to which time and place the present parliament was prorogued, John, earl of Worcester, treasurer of England, in the presence of the lords spiritual and temporal and of the commons of the realm of England who were present together in the abbey of the aforesaid town, with thanks having first been given to both the aforesaid lords and commons for their labours and attention on behalf of the said lord king, declared how the same lord king was unable to be present on the aforesaid day and at the said place on account of certain reasons, and therefore had assigned and ordained the same earl by his letters patent to prorogue and adjourn the same parliament in the royal name from the same 11 February to the 14th day of the same month of February to his royal palace of Westminster. The tenor of which letters follow in these words:
Henricus, Dei gratia, rex Anglie et Francie, et dominus Hibernie, omnibus ad quos presentes littere pervenerint, salutem. Sciatis quod cum parliamentum nostrum apud Redyng nuper inchoatum, et usque ad undecimum diem Februarii proximum futurum ibidem tunc tenendum ajornatum existat; nosque ibidem ad diem illum ob certas causas personaliter interesse non possimus; nos idcirco, de circumspectione et industria carissimi consanguinei nostri Johannis comitis Wygorn', thesaurarii nostri Anglie, plenam fiduciam reportantes, assignavimus et ordinavimus eundem comitem, ad interessendum apud Redyng predictam, undecimo die Februarii supradicto, et ad idem parliamentum ab eodem undecimo die Februarii, usque quartumdecimum diem ejusdem mensis Februarii proximum futurum, usque ad palatium nostrum Westm' nomine nostro prorogandum et adjornandum. [p. v-239][col. a] In cujus rei testimonium, has litteras nostras fieri fecimus patentes. Teste me ipso apud Westm', .vi. to die Februarii, anno regni nostri tricesimo secundo. Henry by the grace of God king of England and France and lord of Ireland to all to whom the present letters shall come, greeting. Know that, whereas our parliament recently commenced at Reading and then to be held there until 11 February next following is adjourned; and we are unable to be present there in person at that time on account of certain reasons; therefore we, having full confidence in the circumspection and industry of our dearest kinsman John, earl of Worcester, our treasurer of England, have assigned and ordained the same earl to be present at the aforesaid Reading on the abovesaid 11 February, and to prorogue and adjourn the same parliament in our name from the same 11 February until the 14th day of the same month next following to our palace of Westminster. [p. v-239][col. a] In witness of which we have caused these our letters patent to be made. Witnessed by myself at Westminster, 6 February, in the thirty-second year of our reign [1454].
Per ipsum regem et consilium. By the king himself and council.
Quibus quidem litteris ibidem de verbo ad verbum recitatis et intellectis, prefatus comes, juxta tenorem litterarum predictarum, dictum parliamentum usque quartumdecimum diem Februarii tunc proximum futurum, usque ad palatium regium Westm' nomine regio prorogavit et adjornavit; omnibus et singulis quorum interfuit firmiter injungendo, quod dicto quartodecimo die Februarii, apud dictum palatium Westm', 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, contigerint ordinari. Which letters having been read out and understood word for word, the aforesaid earl prorogued and adjourned the said parliament in the royal name until the said 14 February then next following to the royal palace of Westminster according to the tenor of the aforesaid letters; firmly enjoining each and every one whom it concerned that they should assemble in person on the said 14 February at the said palace of Westminster, without any excuse, to discuss, commune together and agree there on what should then be ordained on these matters, for the good of peace and the profit of the king and realm, God willing.
De procedendo in parliamento. Concerning the proceeding of parliament.
24. Memorandum, pro eo quod dominus rex, qui presens parliamentum suum nuper apud Redyng inchoavit et tenuit, et usque quartumdecimum diem Februarii, anno dicti domini regis tricesimo secundo, ad palatium suum Westm' adjornari ordinavit, propter certas justas et rationabiles causas in eodem parliamento in persona sua interesse non potuit; idem dominus rex, de avisamento et assensu consilii sui, quasdam litteras patentes sub magno sigillo suo signatas, coram dominis spiritualibus et temporalibus in presenti parliamento dicto quartodecimo die Februarii existentibus legi fecit in hec verba: 24. Be it remembered, the lord king, who recently commenced and held his present parliament at Reading, has ordained it be adjourned until 14 February in the thirty-second year of the said lord king at his palace of Westminster because he is unable to be present in person in the same parliament on account of certain just and reasonable causes; the same lord king, with the advice and assent of his council, has made certain letters patent sealed under his great seal in the presence of the lords spiritual and temporal assembled in the said present parliament on 14 February in these words:
Henricus, Dei gratia, rex Anglie et Francie, et dominus Hibernie, omnibus ad quos presentes littere pervenerint, salutem. Sciatis quod cum pro quibusdam arduis et urgentibus negotiis nos, statum et defensionem regni nostri Anglie, ac ecclesie Anglicane contingentibus, quoddam parliamentum nostrum nuper apud Redyng teneri, et usque quartumdecimum diem hujus instantis mensis Februarii, ad palatium nostrum Westm' adjornari ordinaverimus: quia vero dicto parliamento nostro propter certas justas et rationabiles causas in persona nostra non poterimus interesse, nos de circumspectione et industria carissimi consanguinei nostri Ricardi ducis Ebor' plenam fiduciam reportantes, eidem consanguineo nostro ad parliamentum predictum nomine nostro tenendum, et in eodem procedendum, et ad faciendum omnia et singula que pro nobis et per nos pro bono regimine et gubernatione regni nostri predicti, ac aliorum dominiorum nostrorum eidem regno nostro pertinentia ibidem fuerint facienda, necnon ad parliamentum illud finiendum et dissolvendum, de assensu consilii nostri, plenam tenore presentium committimus potestatem. Dantes ulterius, de assensu ejusdem consilii nostri, tam universis et singulis archiepiscopis, episcopis, abbatibus, prioribus, ducibus, comitibus, baronibus et militibus, cum omnibus aliis quorum interest, ad parliamentum nostrum predictum conventuri, similiter tenore presentium firmiter in mandatis, quod eidem consanguineo nostro intendant in premissis in forma predicta. In cujus rei testimonium, has litteras nostras fieri fecimus patentes. Teste me ipso apud Westm', .xiij. die Februarii, anno regni nostri tricesimo secundo. Henry by the grace of God king of England and France and lord of Ireland to all to whom the present letters shall come, greeting. Know that whereas we, on account of certain difficult and urgent business concerning the state and defence of our realm of England and of the English church, have recently ordained our parliament to be held at Reading and to be adjourned until the 14th day of this present month of February at our palace of Westminster: because we are in fact unable to attend our said parliament in person on account of certain just and reasonable causes we, having full confidence in the circumspection and industry of our dearest kinsman Richard, duke of York, have committed full power by the tenor of these letters to our same kinsman to hold the aforesaid parliament in our name, and to proceed with the same, and to do each and everything pertaining to our realm which are to be done for us and by us for the good rule and governance of our aforesaid realm and of our other lords, and also to end and dissolve that parliament with the assent of our council. Granting moreover with the assent of our council to each and every one of the archbishops, bishops, abbots, priors, dukes, earls, barons and knights, with all others whom it concerns, to be assembled at our aforesaid parliament, similarly firmly commanding by the tenor of these letters that they direct themselves to our same kinsman on the foregoing in the aforesaid form. In witness of which we have caused these our letters patent to be made. Witnessed by myself at Westminster, 13 February, in the thirty-second year of our reign [1454].
Per ipsum regem et consilium. By the king himself and council.
Requesta facta per communes pro deliberatione prelocutoris sui. The request made by the commons for the release of their speaker.
25. Fait a remembrer, qe le dit quatorzisme jour de Feverer, l'an suisdit, les communes par certeyns de lour compaignons firent request au roy, et les seignurs espirituelx et temporelx en le dit parlement esteantz, qu'eux peussent avoir et ensjoier toutz tielx libertees et privileges, come ount este accustumes et d'auncien temps usez pur venantz au parlement; et concordaunt a mesmes les libertees et privileges, qe Thomas Thorp lour commune parlour, et Walter Rayle, membres de le dit parlement, [col. b] adonqes esteantz en prison, peussent aler a lour large et libertee, pur le boon esploit du dit parlement. 25. Be it remembered that on the said 14 February in the aforesaid year the commons made a request through certain of their fellows to the king and the lord spiritual and temporal assembled in the said parliament that they might have and enjoy all such liberties and privileges as have been customary and used from of old for their coming to parliament; and it is in accordance with the same liberties and privileges that Thomas Thorpe, their common speaker, and Walter Rayle, members of the said parliament [col. b] who were then in prison, should be able to go free and at their liberty for the full accomplishment of the said parliament.
Declaratio facta ex parte ducis Ebor' contra deliberationem predicti prelocutor. The declaration made on behalf of the duke of York against the release of the aforesaid speaker.
26. Item, the Friday the .xv. day of Feverer, it was opened and declared to the lordes spirituelx and temporelx beyng in the parlement chambre; by the counsaill of the duke of York: that where Thomas Thorp, the Monday the             day of the moneth of                     the yere of the reigne of Kyng Harry the sexte .xxxi., came to the place of the bisshop of Durham, and then and there toke and bare away certeyn godes and cateles of the seid dukes, agayn his will and licence; and theruppon the same duk, [camed] and toke an action by bille in Michell terme last past agayn the seid Thomas, in the court of theschequer, accordyng to the privilegge of the same court, for somuche that the same Thomas was oon of the court, by which privelegge he ought to be enpleted in that court of theschequer in suche cases, and in noon other court, to the which bille the seid Thomas wilfully appered, and had diverse daies to emparle atte his requeste and desire, and to the said bille and action aunswered and pleted not gylty: whereuppon ther was awarded in the seid eschequer, a venire facias to the shirreve of Midd', retornable in the seid eschequer, and there by the jurre that passed betwene the said duke and the said Thomas, it was founde that the same Thomas was gylty of the trespas conteigned in the seid bille. And the same jurre assessed the dampmages to the said duke for the seid trespas to a .m.li., and for his costes .x.li., and therupon juggement was yeven in the seid eschequer, and the said Thomas accordyng to the cours of the lawe was committee to the Flete, for the fyne belongyng to the kyng in that behalve. And therupon it was praied humbly of the behalve of the seid duke, that it shuld like theire goode lordships, consideryng that the said trespas was doon and committe by the said Thomas sith the begynnyng of this present parlement, and also the said bille and action were take and camed, and by processe of lawe juggement theruppon yeven agayn the said Thomas, in tyme of vacation of the same parlement, and not in parlement tyme; and also that if the said Thomas shuld be relessed by privelegge of parlement, or the tyme that the seid duke be satisfied of his said dampmages and costes, the same duke shuld be withoute remedie in that behalve; that the seid Thomas, accordyng to the lawe, be kepte in warde to the tyme that he have fully content and satisfied the said duke of his said dampmages and costes: the seid lordes spirituelx and temporelx, not entendyng to empeche or hurt the libertees and privelegges of theym that were commen for the commune of this lande to this present parlement, but egally after the cours of lawe to mynystre justice, and to have knowlegge what the lawe will wey in that behalve, opened and declared to the justices the premissez, and axed of theym whether the seid Thomas ought to be delivered from prison, by force and vertue of the privelegge of parlement or noo. To the which question, the chefe justicez in the name of all the justicez, after sadde communication and mature deliberation hadde amonge theim, aunswered and said; that they ought not to aunswere to that question, for it hath not be used afore tyme, that the justicez shuld in eny wyse determine the privelegge of this high court of parlement; for it is so high and so mighty in his nature, that it may make lawe, and that that is lawe it may make noo lawe; and the determination and knowlegge of that privelegge belongeth to the lordes of the parlement, and not to the justices. 26. Item, on Friday 15 February it was said and declared to the lords spiritual and temporal assembled in the parliament chamber by the counsel of the duke of York that whereas Thomas Thorpe on Monday the             day of the month of                     in the thirty-first year of the reign of King Henry the sixth [1453] came to the palace of the bishop of Durham and then and there took and carried away certain goods and chattels of the said duke against his will and permission; and thereupon the same duke came and took an action by bill in the court of the exchequer at Michaelmas term last past against the said Thomas, according to the privilege of the same court, considering that the same Thomas was a member of the court, by which privilege he ought to be have been impleaded in that court of the exchequer for such cases and in no other court, to which bill the said Thomas willingly appeared and had various days to speak at his request and desire, and answered the said bill and action and pleaded not guilty: whereupon a venire facias was awarded in the said exchequer to the sheriff of Middlesex, returnable in the said exchequer, and there it was found by the jury which sat in judgment between the said duke and the said Thomas that the same Thomas was guilty of the trespass contained in the said bill. And the same jury assessed the damages to the said duke for the said trespass at £1,000 and £10 for his costs, and judgment was given thereupon in the said exchequer, and the said Thomas was committed to the Fleet according to the course of the law for the fine belonging to the king in that regard. And thereupon it was prayed humbly on behalf of the said duke that it might please their good lordships, considering that the said trespass was done and comitted by the said Thomas since the commencement of this present parliament, and also the said bill and action were taken and moved, and judgment was given thereupon against the said Thomas by process of the law when the same parliament was prorogued, and not when parliament was sitting; and also that if the said Thomas should be released by privilege of parliament, before the said duke is satisfied of his said damages and costs, the same duke should be without remedy in that regard; that the said Thomas, according to the law, be kept in custody until he has fully paid and satisfied the said duke of his said damages and costs: the said lords spiritual and temporal, not intending to prevent or harm the liberties and privileges of those who have come to this present parliament on behalf of the commons of this land, but, equally, to administer justice according to the course of the law, and to be certain of what the law will determine in that regard, said and declared the foregoing to the justices and asked them whether or not the said Thomas ought to be delivered from prison by force and virtue of the privilege of parliament. To the which question the chief justices, on behalf of all the justices, after lengthy discussion and mature deliberation had taken place between them, answered saying that they ought not to answer that question for it has not been customary in the past for the justices determine in any way the privilege of this high court of parliament; for it is so high and so mighty in its nature that it may make law and may annul what is law; and the determination and acknowledgement of that privilege belongs to the lords of parliament and not to the justices.
27. But as for declaration of procedyng in the lawer courtes, in suche cases as writtes of supersedeas of privelegge of parlement be brought and delivered, < the said > chief justice [p. v-240][col. a] said that ther be many and diverse supersedeas of privelegge of parlement brought in to the courtes, but ther ys no generall supersedeas brought to surcesse of all processes; for if ther shuld be, it shuld seeme that this high court of parlement, that ministreth all justice and equitee, shuld lette the processe of the commune lawe, and so it shuld put the partie compleynaunt withoute remedie, for so muche as actions atte commune lawe be not determined in this high court of parlement; and if any persone that is a membre of this high court of parlement be arested in suche cases as be not for treason or felony, or suerte of the peas, or for a condempnation hadde before the parlement, it is used that all such persones shuld be relessed of such arrestes and make an attourney, so that they may have theire fredom and libertee, frely to entende upon the parlement. 27. But as regards declaration of procedure in the lower courts in such cases as when writs of supersedeas of privilege of parliament are brought and delivered, the said chief justice [p. v-240][col. a] said that there are many and diverse supersedeas of privilege of parliament submitted to the courts, but there is no general supersedeas brought to surcease all processes; for if there were it would seem that this high court of parliament, which administers all justice and equity, should allow the process of the common law, and so it would leave the plaintiff without remedy, considering that actions at the common law are not determined in this high court of parliament; and if any person who is a member of this high court of parliament is arrested in such cases which are not for treason or felony, or security of the peace, or for a condemnation made before parliament, it is customary that all such persons should be released from such arrests and appoint an attorney, so that they may have their freedom and liberty freely to attend parliament.
28. After which aunswere and declaration, it was thorowly agreed, assentid and concluded by the lordes spirituelx and temporelx, that the seid Thomas, accordyng to the lawe, shuld remayne stille in prison for the causes abovesaid, the privelegge of the parlement, or that the same Thomas was speker of the parlement, notwithstondyng; and that the premisses shuld be opened and declared to theym that were commen for the commune of this land, and that they shuld be charged and commaunded in the kynges name, that they with all goodly hast and spede, procede to thelection of an other speker. The which premisses, for asmoche as they were materes in lawe, by the commaundement of the lordes were opened and declared to the commons, by the mouthe of Walter Moyle, oon of the kynges sergeauntz atte lawe, in the presence of the bisshop of Ely, accompanyed with other lordes in notable nombre; and ther it was commaunded and charged to the said commons, by the seid bisshop of Ely in the kynges name, that they shuld procede to thelection of an other speker with all goodly hast and spede, so that the materes for the which the kyng called this < his parlement > might be proceded yn, and this parlement take goode and effectuell conclusion and ende. 28. After which answer and declaration it was thoroughly agreed, assented and concluded by the lords spiritual and temporal that the said Thomas, according to the law, should still remain in prison for the abovesaid reasons, notwithstanding the privilege of parliament, or that the same Thomas was the speaker of parliament; and that the foregoing should be said and declared to those who had come on behalf of the commons of this land, and that they should be charged and commanded in the king's name to proceed with the election of another speaker with all goodly haste and speed. Which foregoing, considering that they were matters of law, by the command of the lords were said and declared to the commons by Walter Moyle, one of the king's serjeants-at-law, in the presence of the bishop of Ely who was accompanied by a large number of other lords; and there it was commanded and charged to the said commons by the said bishop of Ely in the king's name that they should procede with the election of another speaker with all goodly haste and speed so that the matters for the which the king had called this his parliament might be proceeded, and this parliament reach a good and effective conclusion and end.
Electio < alterius > prelocutoris. The election of another speaker.
29. Item, sextodecimo die Februarii tunc proximo sequente, prefati communes, per quosdam de sociis suis declaraverunt dominis spiritualibus et temporalibus in presenti parliamento, quod ipsi mandatum ex parte domini regis pridie sibi injunctum cum omni diligentia exequentes, elegerunt loco prefati Thome Thorp, Thomam Charleton militem prelocutorem suum, humillime deprecando quatinus prefatus dominus rex hujusmodi electionem vellet acceptare. Quibus per dominum cancellarium Anglie, de mandato dicti domini regis, et avisamento consilii < sui, > extitit responsum, quod idem dominus rex, de electione prefati Thome Charleton se bene contentavit, injungendo eis quatinus ad expeditionem negotiorum parliamenti predicti cum omni diligentia procederent. 29. Item, on 16 February then next following the aforesaid commons declared through certain of their fellows to the lords spiritual and temporal in the present parliament that they themselves, in carrying out with all diligence the command enjoined to them on behalf of the lord king the day before, had elected Thomas Charleton knight as their speaker in place of the aforesaid Thomas Thorpe, humbly beseeching that the aforesaid lord king be willing to accept such election. To whom it was answered by the lord chancellor of England, at the command of the said lord king and with the advice of his council, that the same lord king readily accepted the election of the aforesaid Thomas Charleton, enjoining them that they should proceed with the expediting of the business of the aforesaid parliament with all diligence.
[memb. 19]
Requesta facta per communes pro consilii profundi stabilitione. The request made by the commons for the establishment of a wise council.
30. Memorandum, that on Tuesday the .xix. day of Marche, the communes were before the duke of York, the kynges lyeutenaunt in this present parlement, and the lordes spirituelx and temporelx, in the parlement chambre, and there it was opened and declared by theire speker, that howe uppon Wennesday then last past, it was shewed unto theym by the mouth of the chaunceler of Englond, the grete juparte and perill that Cales' and the marches there stode inne, and also the grete necessite of purveaunce for the defence and saufgard of the see, the which kan not be doo withoute .xl. .m.li. or more, praiyng and humbly besekyng the seid lieutenaunt and lordes, to call to theire good retentyve and wyse remembraunce, the grauntes [col. b] that were made by theym to the kyng at Redyng, in the begynnyng of this present parlement, the whiche been as grete as they kan calle to remembraunce to have be made to the kyng by his communes, or to eny of his full noble progenitours, the whiche grauntes wull suffice as they trust to the defence of Cales' and kepyng of the see, and that the seid grauntes may be emploide to thentent and effect that they were graunted fore; praiyng also the seid lieutenaunt and lordes, to have theym excused of eny ferther grauntes to be made by theym at this tyme, for they kan not, may not, ne dar not make eny moo grauntes, considered the grete povert and penurie that be among the communes of this land, for whom they be comen at this tyme, and that this theire excuse myght be enacted in this high courte of parlement. And also where in the begynnyng of this present parlement at Redyng, it was opened and shewed by the mouth of the seid chaunceler of Englond, that ther shuld be ordeigned and establisshed, a sadde and a wyse counsaill of the right discrete and wise lordes and othir of this land, to whom all people myght have recours for mynistryng of justice, equite and rightwesnesse, wherof they have noo knoweleche as yit, and desired the lordes that therof they mowe have notice and knowelege, for the grete joy and comfort of all theym that they be come fore. And also that it shuld lyke the seid lieutenaunt and lordes, to have specially and tenderly recommended the peas of this land, accordyng to theire request made before tyme, the whiche shuld be right joyous and comfortable to theym, and to all the commune of this land, for whom they be come at this tyme. And therto it was aunswered be my lord cardinal chaunceler of Englond, that they shuld have good and comfortable aunswere, without eny grete delay or tariyng. 30. Be it remembered that on Tuesday 19 March the commons came before the duke of York, the king's lieutenant in this present parliament, and the lords spiritual and temporal in the parliament chamber and there it was pronounced and declared by their speaker how on Wednesday then last past it was explained to them by the chancellor of England the great jeopardy and danger that Calais and the marches there stood in, and also the great need for provision for the defence and safeguard of the sea, which could not be achieved without £40,000 or more, praying and humbly beseeching the said lieutenant and lords to recall to their most retentive and wise minds the grants [col. b] made by them to the king at Reading at the commencement of this present parliament which were as extensive as they can remember having been made to the king by his commons, or to any of his most noble progenitors, which grants they believe are sufficient for the defence of Calais and the keeping of the sea, and that the said grants may be used for the purpose and effect that they were granted for; praying also the said lieutenant and lords to have them excused from any further grants to be made by them at this time, for they cannot, may not, nor dare not make any more grants considering the great poverty and penury that is among the commons of this land for whom they have come at this time, and that this their excuse might be enacted in this high court of parliament. And also whereas at the commencement of this present parliament at Reading it was pronounced and declared by the said chancellor of England that a learned and wise council should be ordained and established consisting of the most learned and wise lords and others of this land, to whom all people might have recourse for the administration of justice, equity and wisdom, of which they have as yet not been informed, and they asked the lords that they might be told and informed of this for the great joy and comfort of all those whom they represent. And also that it might please the said lieutenant and lords to have especially and tenderly recommended the peace of this land, according to their request made on the past, which would be most pleasing and satisfying to them, and to all the commons of this land whom they represent at this time. And to this it was answered by my lord cardinal the chancellor of England that they should have a full and satisfactory answer, without any long delay or wait.
Certi domini assignati fuerunt ad colloquendum cum rege super certis articulis. Certain lords were assigned to discuss certain articles with the king.
31. Memorandum, that the .xxiij. day of Marche, forasmoche as God hath called to his mercy, and shewed his wille upon Maister John Kempe, late cardinall archebishop of Caunterbury and chaunceler of Englond, whoos soule God assoile, and by whoos deth thoffice of chaunceler of Englond stondith nowe voide; the whiche office, of force and necessite for the ease of the people and processe of the lawe must be occupied; it was advised, ordeigned, assented and thoroughly agreed by the duke of York, the kynges lieutenaunt in this present parlement, and all the lordes spirituelx and temporelx assembled in the parlement chambre at Westm', that certain lordes, that is to seie, the bisshoppes of Wynchestre, Ely and Chestr'; the erles of Warr', Oxon' and Shrouesbury; the viscountes Beaumond and Bourghchier; the priour of Saint Johns; the lordes Fauconbergge, Dudley and Stourton, shulde ride to Wyndesore to the kynges high presence, to shewe and declare to his highnesse the seid materes, and othir certain matiers the whiche of necessite must be ordeigned and purveied fore, as in the instruction theruppon made plainly apperith, wherof the tenour sueth in this forme: 31. Be it remembered that on 23 March, considering that God has called to his mercy, and expressed his will towards Master John Kemp, late cardinal archbishop of Canterbury and chancellor of England, whose soul may God absolve, and by whose death the office of chancellor of England now stands vacant; which office, by force and necessity for the ease of the people and the process of the law, must be occupied; it was advised, ordained, assented and thoroughly agreed by the duke of York, the king's lieutenant in this present parliament, and all the lords spiritual and temporal assembled in the parliament chamber at Westminster that certain lords, that is to say, the bishops of Winchester, Ely and Chester, the earls of Warwick, Oxford and Shrewsbury, Viscounts Beaumont and Bourchier, the prior of St John, lords Fauconberg, Dudley and Stourton, should ride to Windsor to the king's high presence to explain and declare the said matters to his highness, and other certain matters which of necessity must be ordained and provided for, as fully appears in the instruction made thereupon, the tenor of which follows in this form:
Instruction yeven by the duk of York, the kynges lieutenaunt of his parlement, and othir lordes spirituell and temporell of the said parlement, to the right reverent fadres in God the bisshops of Wynchestr', Ely and Chestr'; therles of Warrewyk, Oxenford and Shrovesbury; the vicountes Beaumont and Bourghchier; the lordes priour of Seint Johns, Faucomberge, Duddeley, and Stourton jointely: the whiche credence they shall opene, if they fynde the kynges disposition suche, that he shall mowe and will attende to the heryng and understondyng therof, and ellys they shall opene but oonly the furst and second articles. Instruction given by the duke of York, the king's lieutenant of his parliament, and other lords spiritual and temporal of the said parliament to the most reverend fathers in God the bishops of Winchester, Ely and Chester, the earls of Warwick, Oxford and Shrewsbury, Viscounts Beaumont and Bourchier, the lords the prior of St John, Fauconberg, Dudley and Stourton jointly: which message they shall read out if they find the king's disposition such that he can and will attend to the hearing and understanding of it, otherwise they shall only read out the first and second articles.
[p. v-241]
[col. a]
Furst, they shall recommaunde the seid lieutenaunt and lordes, as humbely and mekely as they can to the kynges gode grace, saying ther is noo erthely thing that they desire more, or setteth nerre to here hertes, than to here of his welfare, and relief of his grete sykenesse that hit hath liked God to visite his highnesse with, accordyng to thaire faith, ligeance, trouth and love, that they owe and bere unto hym. First, they shall recommend the said lieutenant and lords as humbly and meekly as they can to the king's good grace, saying there is no earthly thing that they desire more, or set close to their hearts than to hear of his welfare, and the relief of his great illness that it has pleased God to visit on his highness, according to their faith, allegiance, truth and love that they owe and bear to him.
Item, they shall saye that the seid lieutenaunt and lordes, aftir theire power, and such discretion as God hath endued theym with, besieth theym, and entende daily to the spede of his parlement, and to suche thynges as they thynke is to the weel of his highnesse, and of his landez and subgettez; and that his lawes may be observed and kept, and justice ministred to every persone, for rebukyng of mysgovernaunce; and wuld be as gladde and as joyfull as they coude be, if theire diligence myght avaunce and further the kynges welfare and his royal estate, and the comune welle. Also, they shall say that the said lieutenant and lords, according to their authority and such discretion as God has endowed them with, daily devote themselves and attend to the accomplishment of his parliament, and to such things as they consider are for the well-being of his highness and of his lands and subjects and that his laws may be observed and kept, and justice administerd to every person for the repudiation of misgovernance; and they would be as glad and as joyful as they could be if their diligence might advance and further the king's welfare and his royal estate, and the common weal.
Item, sith it is soo that hit hath plesed God, the whiche disposeth all thynges as he will, to take out of this worlde and calle to his mercy, the most reverent fader in God late cardinal and archebisshop of Caunterbury, his chaunceler of this lande, by whoos deth the said archebisshopryche is voide, and his highnesse remayneth dispurveide of a chaunceler: the seid lieutenaunt and lordes, thinke they must of her trouth and verray necessite lete the kyng have knowelege therof, to thentent that they may understonde howe they shall demeane and < be have > thayme, aswell in providyng for the churche of Caunterbury, as for the governaunce of his grete seals. And as toward the seid provision of the churche of Caunterbury, that it please his highnesse to open and declare his gracious entent, and what persoone that is thought most expedient to his gode grace to be promoted therto; and in lyke wyse in providyng for his chaunceler of this lande; and they shall put theym in theire devoire by all the meanes that they canne, to have verray and clere knowelech of the kynges entent in the matiers abovesaid. Also, since it happens that it has pleased God, who disposes of all things as He wills, to remove from this world and call to His mercy the most reverend father in God the late cardinal and archbishop of Canterbury, his chancellor of this land, by whose death the said archbishopric is vacant, and his highness remains without a chancellor: the said lieutenant and lords consider that they must of true and real necessity inform the king of this so that they may understand how they shall conduct themselves in providing the provision both for the church of Canterbury and the keeping of his great seals. And as regards the said provision of the church of Canterbury that it might please his highness to express and declare his gracious intention, so that whichever person is considered most expedient to his good grace be promoted to it; and in like manner in the provision of his chancellor of this land; and they shall try their utmost by all the means that they can to have true and clear understanding of the king's intention in the abovesaid matters.
Item, they shall late his highnesse have in knoweleche, that as soone as the seid lieutenaunt and lordes understode that the seid most reverend fader was passed to God, they for the suerte of the seid seels, and in eschewyng all inconveniences, made theym in the presence of diverse notable lordes, to be brought afore all the lordes of his parlement, and there to be opened and shewed, and aftir that to be closed in a coofre, and to be sealed with diverse lordes seales, and be leide uppe in his tresorie, where they remayn in his tresorers and chamberlayns kepyng. Also, they shall inform his highness that as soon as the said lieutenant and lords had learned that the said most reverend father had passed to God, for the security of the said seals, and in order to avoid trouble, they ahd caused them in the presence of several noteworthy lords to be brought before all the lords of his parliament, and to be revealed and shown there, and then to be enclosed in a chest and sealed with the seals of various lords and stored in his treasury, where they remain in the keeping of his treasurer and chamberlain.
Item, they shall remembre that it pleased the kynges highnesse in this his parlement at Redyng, to commaunde to be openned to the communes of this lande, his gracious entent to ordeigne and stablisshe a discrete and a sadde counsaill, the whiche was to the seid communes a grete rejoysing and comfort, insomoche that nowe late by the mouth of there speker, among othir thynges at too tymes hath be made requestes to the seid lieutenaunt and lordes, that the seid communes myght understonde and have knowelege, of effectuell procedyng to the stablisshyng of the said counsaill, wherfor certaine lordes and persones be named under the kynges correction, to take uppon theym the seid charge; and they shall mowe declare what persones be soo named, and understande whethir the kynges good grace be content with the seid persones, or whethir he will chaunge or sette asyde eny of theym, to thentent that his will may be observed and kept. Also, they shall recall that it pleased the king's highness in this his parliament at Reading to command to be explained to the commons of this land his gracious intention to ordain and establish a learned and wise council, which was a source of great joy and comfort to the said commons, considering that twice recently, among other things, requests have been made by their speaker to the said lieutenant and lords that the said commons might be informed and be told of the actual proceding towards the establishment of the said council, for which certain lords and persons shall be named under the king's correction to take the said charge on them; and they shall declare the persons so nominated and ascertain whether the king's good grace is satisfied with the said persons, or whether he will change or remove any of them, so that his will may be observed and kept.
[col. b]
Item, forasmoche as the matiers abovesaid be of grete weight, and must be kept full secrete, they shall opene theym to noo persone but onely unto the kyng, and they shall use thordre of tharticles abovesaid, as it shall be thought to theym behovefull and expedient. Also, considering that the abovesaid matters are very important, and must be kept most secret, they shall disclose them to no-one except only the king, and they shall use the order of the abovesaid articles as it shall seem necessary and expedient to them.
Responsio dominorum predictortum super colloquio habito cum rege. The answer of the aforesaid lords concerning the discussion with the king.
32. Memorandum, that the .xxv. day of Marche, the bisshops of Wynchestr', Ely and Chestre; therles of Warr', Oxon' and Shrouesbury; the vicountes Beaumond and Bourghchier; the priour of Seint Johns; the lordes Faukenbergge, Dudley and Stourton, opened and declared by the mouth of the bysshop of Wynchestr', to the duke of York, the kynges lieutenaunt in this present parlement, and the othir lordes spirituelx and temporelx assembled in the parlement chambre, that they accordyng to that that was putte uppon theym upon Saturday the .xxiij. day of this present moneth of Marche, by thadvys of the lordes spirituelx and temporelx, that they shuld goo to Wyndesore to the kynges high presence, and to open and declare to his highnesse, certain matiers conteigned in an instruction delivered to theim by the seid lieutenaunt, and the seid lordes spirituelx and temporelx, were at the kynges high presence, and in the place where he dyned; and anoon aftir his dyner was doon the seid matiers were opened and declared by the mouth of the bisshop of Chestr', right connyngly, saddely and wurshipfully, nothyng in substaunce chaunged from the seid instruction, added ne dyminisshed, as the seid bisshop of Chestre can more clerely declare to theire lordships. And theruppon the seid bisshop of Chestr' shewed and declared, howe that the openyng and declaryng of the seid matiers, by thavis of the lordes that were sent to Wyndesore was put uppon hym, howe be it he thought hym self right unable therto; and that he furst opened and shewed to the kynges highnesse the .iij. first articles, as it was advised by the lordes or they went; that is to sey, the humble recommendation of the lordes to the kynges highnesse, the grete desire of his [hele, and] the grete diligence of the lordes in this parlement. And then for asmoche as it liked not the kynges highnesse to yeve eny answere to the [articles,] the seid bisshop of Chestre, by thadvis of all the othir lordes, declared and opened to the kynges highnesse, the othir matiers conteigned in the seid instruction; to the whiche maters ne to eny of theim they cowede gete noo answere ne signe, for no prayer ne desire, lamentable chere [ne exhortation,] ne eny thyng that they or eny of theim cowede do or sey, to theire grete sorowe and discomfort. And then the bisshop of Wynchestr' [seid] to the kynges highnesse, that the lordes had not dyned, but they shuld goo dyne theym, and wayte uppon his highnesse ayen aftir dyner. And so aftir dyner they come to the kynges highnesse in the same place where they were before; and there they moeved and sturred hym, by all the waies and meanes that they cowede thynke, to have answere of the matiers aforseid, but they cowede have noon; and from that place they willed the kynges highnesse to goo into an othir chambre, and so he was ledde betwene .ij. men into the chambre where he lieth; and there the lordes moeved and sturred the kynges highnesse the thirde tyme, by all [memb. 18] the means and weyes that they coude thynk, to have aunswere of the seid matiers, and also desired to have knoweleche of hym, if it shuld like his highnesse that they shulde wayte uppon hym eny lenger, and to have aunswere at his leiser, but they cowede have no aunswere, worde ne signe; and therfor with sorowefull hartes come theire way. And the seid bisshops of Wynchestre, Ely and Chestr'; therles of Warr', Oxon' and Shrouesbury; the vicountes Beaumond and Bourghchier; the priour of Saint Johns; [p. v-242][col. a] the lordes Faukenbergge, Dudley and Stourton, and everyche of theym, praied that the seid instruction, and this theire reporte, myght be enacted in this high court of parlement of record. 32. Be it remembered that on 25 March the bishops of Winchester, Ely and Chester, the earls of Warwick, Oxford and Shrewsbury, Viscounts Beaumont and Bourchier, the prior of St John, lords Fauconberg, Dudley and Stourton pronounced and declared through the bishop of Winchester to the duke of York, the king's lieutenant in this present parliament, and the other lords spiritual and temporal assembled in the parliament chamber that they, according to what was enjoined on them on Saturday 23 March by the advice of the lords spiritual and temporal that they should go to Windsor to the king's high presence, and to explain and declare to his highness certain matters contained in an instruction delivered to them by the said lieutenant and the said lords spiritual and temporal, were in the king's high presence and in the place where he dined; and soon after he had finished his dinner the said matters were said and declared by the bishop of Chester most skilfully, solemnly and respectfully, neither adding to nor leaving out any of the substance of the said instruction, as the said bishop of Chester can more clearly declare to their lordships. And thereupon the said bishop of Chester explained and declared how the pronouncing and declaring of the said matters was charged to him by the advice of the lords who were sent to Windsor, and how considered himself unable to do this; and that he first pronounced and explained the first three articles to the king's highness as it was advised by the lords who went; that is to say, the humble recommendation of the lords to the king's highness, the great desire for his good health, and the great diligence of the lords in this parliament. And then considering that it pleased the king's highness not to give any answer to the articles, the said bishop of Chester, by the advice of all the other lords, declared and pronounced the other matters contained in the said instruction to the king's highness; to which matters, or to any of them, to any prayer or wish, doleful encouragement nor exhortation, nor any thing that they or any of them could do or say could they get any answer or sign, to their great sorrow and distress. And then the bishop of Winchester said to the king's highness that the lords had not dined, but they would then go to dinner and wait upon his highness again after dinner. And so after dinner they came to the king's highness in the same place where they were before; and there they moved and roused him by all the ways and means that they could think of in order to have an answer of the aforesaid matters, but they could obtain no answer; and from that place they willed the king's highness to go into another chamber, and so he was led between two men into the chamber where he lies; and there the lords moved and roused the king's highness a third time, by all [memb. 18] the means and ways that they could think of in order to have an answer of the said matters, and also desired to be informed by him if it should please his highness that they should wait on him any longer, and to have answer at his leisure, but they could obtain no answer, word or sign; and therefore with sorrowful hearts they came away. And the said bishops of Winchester, Ely and Chester, the earls of Warwick, Oxford and Shrewsbury, Viscounts Beaumont and Bourchier, the prior of St John, [p. v-242][col. a] lords Fauconberg, Dudley and Stourton, and each of them, prayed that the said instruction and this their report might be enacted in this high court of parliament on record.
Protestatio Ricardi ducis Ebor'. Protestation of Richard, duke of York.
33. Item, pro eo quod vicesimo septimo die Martii, domini spirituales et temporales in presenti parliamento congregati, certis de causis ipsos moventibus, elegerunt et nominarunt Ricardum ducem Ebor' fore protectorem et defensorem regni Anglie, quamdiu regi placeret; idem dux in crastino detulit quandam cedulam in papiro, certos articulos continentem, quos in rotulo ejusdem parliamenti inactitari affectabat, quorum tenores cum suis responsionibus hic sequntur: 33. Item, on 27 March the lords spiritual and temporal assembled in the present parliament, because of certain causes moving them, elected and nominated Richard, duke of York, to be protector and defender of the realm of England during the king's pleasure; the following day the same duke presented a paper schedule containing certain articles which he directed be recorded on the roll of the same parliament, the tenors of which with their answers follow here:
34. Howe be it that y am not sufficiant of my self, of wysdome, connyng nor habilite, to take uppon me that wurthy name of protectour and defensour of this land, ner the charge therto apperteinyng, wherunto hit hath liked you my lordes to calle, name and desire me, unwurthy therunto, under protestation if y shall applie me to the parfourmyng of your said desire, and at your instance take uppon me with your supportation the seid name and charge; I desire and pray you, that in this present parlement, and by auctorite therof, hit be enacted, that of your selfe and of your free and mere disposition, ye desire, name and calle me, to the seid name and charge, and that of eny presumption of my self, < I take þaym not > uppon me, but onely of the due and humble obeissaunce that I owe to doo unto the kyng, our most dradde and souveraine lord, and to you the perage of this lande, in whom by thoccasion of thenfirmite of our said souveraine lord restethe thexercice of his auctoritee, whoos noble commaundementes y am as redy to parfourme and obey, as eny his liege man olyve: and that at suche tyme as it shall please our blessed creatour, to restore his most noble persone to helthfull disposition, hit shall lyke you so to declare and notifie to his good grace. 34. Although I myself am insufficient in wisdom, learning or ability to assume that worthy name of protector and defender of this land, or the charge appertaining to it, to which it has pleased you, my lords, to summon, name and wish me to apply myself to the carrying out of your said desire, although I am unworthy, under protestation and at your request, assume the said name and charge with your support; I desire and pray you that in this present parliament, and by the authority of it, it be enacted that for yourselves and of your free and absolute disposition you wish, name and summon me to the said name and charge, and that I do not assume them from any presumption on my part but only from the due and humble obedience that I ought to give to the king, our most dread and sovereign lord, and to you, the peerage of this land, in whom, by reason of the infirmity of our said sovereign lord, rests the exercise of his authority, whose noble commands I am as willing to perform and obey as any of his liegemen alive: and that at such time as it shall please our blessed creator to restore his most noble person to a healthy disposition it shall please you so to declare and notify this to his good grace.
[editorial note: Responsio.] [editorial note: Answer.]
As to this article, it is thought by the lordes, that the seid duke desireth that of his grete wysdome for his < discharge. > And it is thought also by all the lordes, that for theire discharge in this behalfe, there shuld be suche an acte made in this parlement for hem, accordyng to an acte made in the tendre age of the kyng our soveraine lord, that they in semblable case of necessite, be compelled and coarted so to chose and name a protectour and defendour. As regards this article, it is thought by the lords that the said duke wisely desires his exoneration. And it is thought also by all the lords that for their exoneration in this regard there should be such an act made in this parliament for them, according to an act made during the minority of the king our sovereign lord, that they, in a similar case of necessity, be compelled and coerced thus to choose and name a protector and defender.
35. Also that it shall lyke you lovyngly, diligently, duely and effectuelly, to assiste me of your harty favours, tendre zele and < sad advises, > to thexecution and expedition of that that may be to the honour, prosperite and welfare, of thestate and dignite of our said soveraine lord, to the rest and tranquillite of his people, and to the observation of his lawes; wherunto I shall employe my persone with you, to the uttermust perrell or jupardy therof, whan so ever hit shall nede that so y shall doo. 35. Also that it shall please you kindly, diligently, duly and effectively to assist me by your sincere favours, tender zeal and mature advice with the execution and expediting of those things which may be to the honour, prosperity and welfare of the estate and dignity of our said sovereign lord, to the quiet and tranquility of his people, and to the observation of his laws; to which end I shall work with you, to my utmost peril or jeopardy, whenever it shall be required that I do so.
[editorial note: Responsio.] [editorial note: Answer.]
It is agreed, as for all due, lawefull and resonable assistence within the lande, for the wele of the kyng and of his said land. It is agreed, as regards all due, lawful and reasonable assistance within the land for the well-being of the king and of his said land.
36. Also that suche auctorite and power, as it shall lyke you that y shall have for thexecution of the seid charge, and also the fredome and libertee that shall therunto belong, be to me declared, and that y mowe knowe howe ferre the said power and auctorite, and also the fredame and libertee shall extende, duryng the [col. b] tyme that it shall plaise our said soveraine lord that y shall have hit; and that the same auctorite, power, fredame and libertee, be also in the seid parlement, and by thauctorite therof enacted, ratified and confermed. 36. Also that such authority and power as it shall please you that I shall have for the execution of the said charge, and also the freedom and liberty that shall pertain to this, shall be declared to me and that I may know how far the said power and authority and also the freedom and liberty shall extend during the [col. b] time that it shall please our said sovereign lord that I shall have it; and that the same authority, power, freedom and liberty be also enacted, ratified and confirmed in the said parliament, and by the authority of it.
[editorial note: Responsio.] [editorial note: Answer.]
As to this article, it is advysed by the seid lordes, that the seid duke shall be chief of the kynges counsaill, and devysed therfor to the seid duke a name different from other counsaillours, nought the name of tutour, lieutenaunt, governour, nor of regent, nor noo name that shall emporte auctorite of governaunce of the lande; but the seid name of protectour and defensour, the whiche emporteth a personell duete of entendaunce to the actuell defence of this land, aswell ayenst thenemyes outward, if case require, as ayenst rebelles inward, if eny happe to be, that God forbede, duryng the kynges pleaser, and so that it be not prejudice to my lord prince; and theruppon an acte to be made by auctorite of this present parlement. As regards this article, it is advised by the said lords that the said duke shall be the chief member of the king's council, and they have therefore devised for the said duke a name different from that of the other councillors, not the name of tutor, lieutenant, governor, or of regent, nor any name that shall imply authority for the governance of the land, but the said name of protector and defender, which implies a personal duty of attention to the actual defence of this land against both the enemies overseas, if required, and against rebels at home if there happen to be any, which God forbid, during the king's pleasure, and provided that it shall not cause prejudice to my lord prince; and an act shall be made thereupon by the authority of this present parliament.
37. Also that it be ordeigned, appointed < and > stablished in the seid parlement, and by auctorite therof, howe muche y shall take and resceyve of our said soveraine lord, to susteyn, maynteyn and supporte the seid name and charge, for the honour of hym and this his land, that must of necessite belonge to the same charge, for the pollitique and restfull rule of this said londe, for the tyme that it shall please his highnesse that y shall accept and use the same name and charge; praiyng and desiryng you, that thees my protestation and desires mowe bee in the seid parlement enacted. 37. Also that it be ordained, appointed and established in the said parliament and by the authority of it how much I shall take and receive from our said sovereign lord to sustain, maintain and support the said name and charge for the honour of him and this his land, that needs must belong to the same charge for the politic and peaceful rule of this said land for the time that it shall please his highness that I shall accept and use the same name and charge; praying and desiring you that these my protestations and desires may be enacted in the said parliament.
[editorial note: Responsio.] [editorial note: Answer.]
As to this article, it was thought that precedentes were to be seyn; and also the seid duke to be communed with, to wyte, what somme hit shall lyke hym to agree to, consideryng the tyme that was in the daies of lyke precedentes, and the tyme that nowe is; and theruppon an acte to be made by auctorite of the seid parlement. As regards this article, it was thought that precedents were to be inspected; and also the said duke to be consulted, to wit, what sum it shall please him to agree to, considering the situation in the time of similar precedents and the present situation; and an act be made thereupon by the authority of the said parliament.
Also that suche lordes spirituel and temporel, as be named and chosyn of the kynges counsaill, take uppon theym so to bee, and also accept and admit the charge therof, aswell as at theire instance, exhortation and desire, I thogh unhable take uppon me under theire supportation the seid name, and the charge therto belongyng. Also that such lords spiritual and temporal as are named and chosen for the king's council take upon themselves such a position, and also accept and admit the charge thereof, both at their instance, exhortation and desire, I, although unable, take upon myself with their support, the said name and the charge pertaining to it.
[editorial note: Responsio.] [editorial note: Answer.]
As to this article, it was thought that the lordes that be named to be of the kynges counsaill, shuld have communication togedre, and to be avised theruppon. As regards this article, it was thought that the lords that shall be named to be on the king's council should have a discussion together, and to be advised thereupon.
[memb. 17]
Pro protectore. On behalf of the protector.
38. Memorandum, quod tertio die Aprilis, anno regni metuendissimi domini nostri regis Henrici sexti post conquestum tricesimo secundo, infirmitate qua altissimo salvatori nostro personam suppremi dicti domini nostri regis placuit visitare considerata; sibi et consilio suo videtur, si ad ea que ad actualem executionem protectionis et defensionis regni sui Anglie, ac ecclesie Anglicane requiruntur, personaliter intenderet, quod persone sue nimis tediosum, ac celeris recuperationis sanitatis ejusdem impediosum existeret. Idem dominus noster rex, de industria et circumspectione carisimi consanguinei sui Ricardi ducis Ebor' plenarie confidens, de assensu et avisamento dominorum tam spiritualium quam temporalium in presenti parliamento existentium, necnon de assensu communitatis regni Anglie existentium in eodem, ordinavit et constituit dictum consanguineum suum, regni sui et ecclesie Anglicane predictorum protectorem et defensorem, ac consiliarium ipsius domini regis principalem; et quod ipse dux ejusdem regni protector et defensor, ac ipsius regis principalis consiliarius sit et nominetur, quamdiu eidem [p. v-243][col. a] domino regi placuerit; auctoritate dicti ducis quo ad excercitium et occupationem oneris protectoris et defensoris predictorum omnino cessante, cum sive quando Edwardum dicti domini regis filium primogenitum contigerit ad annos discrescionis pervenire, si idem Edwardus onus protectoris et defensoris predictorum super se adtunc assumere voluerit; et quod super hoc littere domini regis patentes fierent sub forma subsequenti: 38. Be it remembered that on 3 April in the thirty-second year of the reign of our most dread lord King Henry the sixth since the conquest [1454], having considered the infirmity which it has pleased our highest saviour to visit on the person of our said supreme lord king, it seems to him and his council, if he attends in person to those things which are required for the actual execution of the protection and defence of his realm of England and of the English church, that it will be too tiring for his person and hinder his speedy recovery of health. Our same lord king, having full confidence in the industry and circumspection of his dearest kinsman Richard, duke of York, with the assent and advice of both the lords spiritual and temporal assembled in the present parliament and also the assent of the commons of the realm of England assembled in the same, has ordained and appointed his said kinsman protector and defender of his aforesaid realm and of the English church, and the chief councillor of the same lord king; and that the duke himself shall be and be named protector and defender of the same realm during the same [p. v-243][col. a] lord king's pleasure; with the authority of the said duke as regards the excercise and occupation of the charge of the aforesaid protector and defender ceasing entirely if or when Edward the first-born son of the said lord king, happens to reach the age of discretion, if the same Edward is then willing to assume on himself the charge of the aforesaid protector and defender; and that letters patent of the lord king be made thereupon under the following form:
Henricus, Dei gratia, rex Anglie et Francie, et dominus Hibernie, omnibus ad quos presentes littere pervenerint, salutem. Sciatis quod considerata infirmitate qua altissimo salvatori nostro nos visitare placuit, si ad ea que ad actualem protectionem et defensionem regni nostri Anglie, ac ecclesie Anglicane requiruntur, personaliter intenderemus, persone nostre nimis tediosum, ac celeris recuperationis sanitatis nostre impediosum existeret. Nos pro eo, de circumspectione et industria carissimi consanguinei nostri Ricardi ducis Ebor' plenam fiduciam reportantes, de avisamento et assensu tam dominorum spiritualium et temporalium, quam de assensu communitatis regni nostri Anglie, in instanti parliamento nostro existentium, ordinavimus et constituimus ipsum consanguineum nostrum, dicti regni nostri Anglie et ecclesie Anglicane protectorem et defensorem, ac consiliarium nostrum principalem; et quod ipse ejusdem regni nostri Anglie et ecclesie Anglicane predicte protector et defensor, ac principalis consiliarius noster sit et nominetur, quamdiu nobis placuerit; in et juxta vim, formam et effectum cujusdam acti in dicto parliamento, die dati presentium habiti et concordati; auctoritate dicti ducis quo ad excercitium et occupationem oneris protectoris et defensoris predictorum omnino cessante, cum sive quando Edwardus filius noster primogenitus ad annos discrescionis pervenerit, presentibus litteris nostris patentibus, necnon vigore et effectu earumdem, extunc minime valituris, si dictus Edwardus, cum ad hujusmodi annos pervenerit, onus protectoris et defensoris predictorum super se assumere voluerit. Damus autem universis et singulis archiepiscopis, episcopis, abbatibus, prioribus, ducibus, comitibus, vicecomitibus, baronibus, militibus, et omnibus aliis fidelibus et subditis nostris dicti regni nostri Anglie quorum interest, tenore presentium firmiter in mandatis, quod prefato consanguineo nostro duci Ebor', quotiens et quamdiu protectionem et defensionem hujusmodi sic habuerit et occupaverit, in premissis faciendis pareant, obediant et intendant, prout decet. In cujus rei testimonium, has litteras nostras fieri fecimus patentes. Teste me ipso apud Westm', tertio die Aprilis, anno regni nostri tricesimo secundo. Henry by the grace of God king of England and France and lord of Ireland, to all to whom the present letters shall come, greeting. Know that, having considered the infirmity which it has pleased our highest saviour to visit on us, if we attend in person to those things which are required for the actual execution of the protection and defence of our realm of England and of the English church it will be too tiring for our person and hinder our speedy recovery of health. Therefore we, having full confidence in the circumspection and industry of our dearest kinsman Richard, duke of York, with the advice and assent of both the lords spiritual and temporal and also the assent of the commons of our realm of England assembled in our present parliament, have ordained and appointed our same kinsman protector and defender of our said realm of England and of the English church, and our chief councillor; and that he himself shall be and be named protector and defender of our same realm of England and of the aforesaid English church during our pleasure; in and according to the force, form and effect of a certain act made and agreed in the said parliament, given on the day of the present letters; with the authority of the said duke as regards the exercise and occupation of the charge of the aforesaid protector and defender ceasing entirely if or when Edward, our first-born son, happens to reach the age of discretion, if the same Edward is then willing to assume on himself the charge of the aforesaid protector and defender, with our present letters patent and also the force and effect of the same then being invalid if the said Edward, if he reaches such an age, is willing to assume on himself the charge of the aforesaid protector and defender. We firmly command each and every one of the archbishops, bishops, abbots, priors, dukes, earls, viscounts, barons, knights, and to all other faithful men and subjects of our said said realm of England whom it concerns by the tenor of these present letters that they shall submit to, obey and direct themselves to our aforesaid kinsman the duke of York as long as and whenever he thus holds and occupies such protection and defence in the carrying out of the foregoing, as is fitting. In witness of which we have caused these our letters patent to be made. Witnessed by myself at Westminster, 3 April, in the thirty-second year of our reign [1454].
Quibus omnibus actis lectis et recitatis, acceptis et approbatis auctoritate supradicta, idem dux Ebor', habita prius matura deliberatione, onus et excercitium nominationis et occupationis hujusmodi, ad Dei honorem omnipotentis, laudem et gloriam, regis et regni predictorum commodum et utilitatem, necnon dominorum predictorum complacentiam et requisitionem, rei publiceque augmentum, in se quantum ad ipsum pertinuit assumere se velle dixit, et assumpsit tunc ibidem, juxta formam acti potestatis et concessionum predictarum. Et ulterius idem dominus rex, de assensu et avisamento predictis, ordinavit et constituit, quod Edwardus filius suus primogenitus, cum sive quando ad annos discrescionis pervenerit, regni Anglie et ecclesie Anglicane protector et defensor, et principalis consiliarius ipsius domini regis sit et nominetur, quamdiu eidem domino regi placuerit, si idem Edwardus, cum ad hujusmodi annos pervenerit, onus protectoris et defensoris predictorum super se assumere voluerit. Et super hoc littere domini regis patentes fierent sub forma subsequenti: With all the acts having been read and understood, accepted and approved by the abovesaid authority, the same duke of York, with mature deliberation having first been had, said he was willing to assume the charge and exercise of such nomination and occupation on himself as far as he was able for the honour, praise and glory of almighty God, the advantage and benefit of the aforesaid king and realm, and also at the instance and request of the aforesaid lords and for the augmentation of public affairs, and he then assumed it there according to the form of the aforesaid act, authority and grant. And in addition the same lord king has ordained and appointed with the aforesaid assent and advice that Edward his first-born son, if or when he reaches the age of discretion, shall be and be named protector and defender of the realm of England and of the English church and the chief councillor of the lord king himself during the same lord king's pleasure if the same Edward, if he attains such an age, is willing to assume on himself the charge of the aforesaid protector and defender. And letters patent of the lord king were made on this under the following form:
[col. b]
39. Henricus, Dei gratia, rex Anglie et Francie, et dominus Hibernie, omnibus ad quos presentes littere pervenerint, salutem. Sciatis quod considerata infirmitate qua altissimo salvatori nostro nos visitare placuit, si ad ea que ad actualem protectionem et defensionem regni nostri Anglie, ac ecclesie Anglicane requiruntur, personaliter intenderemus, persone nostre nimis tediosum, ac celeris recuperationis sanitatis nostre impediosum existeret. Nos pro eo, de circumspectione et industria Edwardi carissimi filii nostri primogeniti plenam fiduciam naturalem reportantes, de avisamento et assensu tam dominorum spiritualium et temporalium, quam de assensu communitatis regni nostri Anglie, in instanti parliamento nostro existentium, ordinavimus et constituimus, quod prefatus Edwardus, cum sive quando ad annos discretionis pervenerit, regni nostri Anglie et ecclesie Anglicane protector et defensor, ac principalis consiliarius noster sit et nominetur, quamdiu nobis placuerit, si idem filius noster, cum ad hujusmodi annos pervenerit, onus protectoris et defensoris predictorum super se assumere voluerit, in et juxta vim, formam et effectum cujusdam acti in dicto parliamento die dati presentium habiti et concordati. Damus autem universis et singulis archiepiscopis, episcopis, abbatibus, prioribus, ducibus, comitibus, vicecomitibus, baronibus, militibus, et omnibus aliis fidelibus et subditis nostris dicti regni nostri Anglie quorum interest, tenore presentium firmiter in mandatis, quod prefato Edwardo filio nostro primogenito, cum ad predictos annos pervenerit, quotiens et quamdiu protectionem et defensionem hujusmodi sic habuerit et occupaverit, in premissis faciendas pareant, obediant et intendant, prout decet. In cujus rei testimonium, has litteras nostras fieri fecimus patentes. Teste me ipso apud Westm', tertio die Aprilis, anno regni nostri tricesimo secundo. 39. Henry by the grace of God king of England and France and lord of Ireland, to all to whom the present letters shall come, greeting. Know that, having considered the infirmity which it has pleased our highest saviour to visit on us, if we attend in person to those things which are required for the actual execution of the protection and defence of our realm of England and of the English church it will be too tiring for our person and hinder our speedy recovery of health. Therefore we, having full, innate confidence in the circumspection and industry of our dearest first-born son Edward, with the advice and assent of both the lords spiritual and temporal and also the assent of the commons of our realm of England assembled in our present parliament, have ordained and appointed that the aforesaid Edward, if or when he attains the age of discretion, shall be and be named protector and defender of our realm of England and of the English church and our chief councillor during our pleasure if the same Edward, if he reaches such an age, is willing to assume on himself the charge of the aforesaid protector and defender, in and according to the force, form and effect of a certain act made and agreed in the said parliament, given on the day of the present letters. We firmly command however each and every one of the archbishops, bishops, abbots, priors, dukes, earls, viscounts, barons, knights, and to all other faithful men and subjects of our said said realm of England whom it concerns by the tenor of these present letters that they shall submit to, obey and direct themselves to our aforesaid first-born son Edward, if he reaches the aforesaid age, as long as and whenever he thus holds and occupies such protection and defence in the carrying out of the foregoing, as is fitting. In witness of which we have caused these our letters patent to be made. Witnessed by myself at Westminster, 3 April, in the thirty-second year of our reign [1454].
40. Memorandum, quod cum dominus rex, tam de avisamento et assensu dominorum spiritualium et temporalium, quam de assensu communitatis regni sui Anglie, in presenti parliamento existentium, per litteras suas patentes ordinaverit et constituerit carissimum consanguineum suum Ricardum ducem Ebor', protectorem et defensorem regni sui predicti et ecclesie Anglicane, necnon principalem consiliarium suum; et quod idem dux Ebor', dicti regni protector et defensor, ac principalis consiliarius dicti domini regis sit et nominetur, in et juxta vim, formam et effectum cujusdam acti in dicto parliamento die dati predictarum litterarum in eodem parliamento habiti et concordati. Ac insuper, idem dominus rex, de assensu et avisamento predictis, per alias litteras suas patentes ordinaverit et constituerit Edwardum carissimum filium suum primogenitum, cum sive quando ad annos discrecionis pervenerit, protectorem et defensorem regni et ecclesie predictorum, ac principalem consiliarium suum. Volens quod idem filius suus, cum ad hujusmodi annos pervenerit, protector et defensor dictorum regni et ecclesie, ac principalis consiliarius suus sit et nominetur, si ad tunc onus protectoris et defensoris predictorum super se assumere voluerit, in et juxta vim, formam et effectum cujusdam acti in dicto parliamento die dati dictarum litterarum in eodem parliamento habiti et concordati: prefatus dominus rex, considerans varios labores, quos tam prefatum Edwardum, quam prefatum ducem, occasionibus premissis subire oportebit, et volens proinde personas suas honoribus et favoribus prosequi graciosis; de avisamento et assensu predictis, voluit, concessit et ordinavit, quod tam prefatus Edwardus, quotiens et quando cum [p. v-244][col. a] ad annos predictos onus predictum super se assumpserit et realiter exercuerit et occupaverit, quam prefatus dux, quotiens et quando onus illud habuerit et exercuerit, vacantibus officiis forestariorum, parcariorum, ac custodum warennarum infra regnum Anglie et partes Wallie, ad donationem predicti domini regis ut ad coronam suam pertinentium, de eisdem officiis disponere possit sub forma subsequenti; videlicet, quod quandocumque aliquod officiorum predictorum vacare contigerit in futuro, et donationi dicti domini regis spectans, tam dictus Edwardus, cum ad annos predictos pervenerit, onus predictum super se adtunc assumens, quam dictus dux, occupationis protectionis et defensionis hujusmodi onus habens et excercens, personam idoneam ad idem officium nominare, et inde sub signeto suo custodi privati sigilli dicti domini regis qui pro tempore fuerit significare possit, qui super hoc tenebitur cancellario Anglie, vel custodi magni sigilli pro tempore existentibus, litteras sub privato sigillo pro hujusmodi officio quamdiu regi placuerit optinendo in forma debita conficere. Proviso semper, quod quelibet persona aliquod hujusmodi officium, ad nominationem alicujus Edwardi et ducis predictorum, virtute acti presentis per litteras domini regis patentes optinens in futuro, stet in officio illo pacifice, juxta effectum litterarum illarum, absque amotione ejusdem, nisi per dominum regem, per avisamentum dominorum consilii sui, ex causa rationabili coram eis monstrata et probata amoveatur de eodem. Item, idem dominus rex, ex avisamento, concensu et causa predictis, voluit, concessit et ordinavit, quod uterque Edwardi et ducis predictorum, pro tempore quo onus protectionis et defensionis predictarum habuerit et excercuerit, ad quascumque ecclesias parochiales ultra taxam viginti marcarum usque ad taxam triginta marcarum inclusive, ac etiam omnes prebendas in capellis regiis ad donationem domini regis jure corone sue spectantes, cum vacaverint, exceptis decanatibus in eisdem capellis regiis, durante vigore litterarum eis separaliter de protectione et defensione regni predicti ut premittitur confectarum, idoneas personas nominare, et inde sub signeto suo prefato custodi privati sigilli dicti domini regis significare possit; qui super hoc tenebitur cancellario Anglie, vel custodi magni sigilli pro tempore existentibus, litteras sub privato sigillo pro hujusmodi ecclesiis et prebendis optinendis in forma predicta conficere, una cum nominationibus in et de permutationibus et ratificationibus ecclesiarum et prebendarum predictarum; cetera autem officia, prebende et beneficia, superius non specificata, ac decanatus predicti, ad donationem sive presentationem domini regis spectantes sive spectantia, ad dispositionem predicti domini regis, de avisamento predicti protectoris et defensoris pro tempore existentis, et ceterorum dominorum de consilio dicti domini regis, de tempore in tempus, cum vacaverint, sint, cedant et pertineant, exceptis beneficiis ad dispositionem tam cancellario Anglie ratione officii sui, quam thesaurario Anglie ratione officii sui spectantibus. Insuper cum ita sit quod idem dux, in tenendo honorifice statum suum, quem ampliare necesse erit consideratione et causa dicti nominis protectoris et defensoris, cum ampliores honores illo respectu sibi debeantur, qui secum onera trahunt, eritque concursus frequentior ad eundem tam subditorum regis quam extraneorum sua negotia prosequentium, rex, de assensu et avisamento predictis, voluit, concessit et ordinavit, quod idem dux, durantibus protectione et defensione predictis, habeat et percipiat annuatim pro vadiis suis, non quantum alii ante hec tempora habuerunt, sed solum duo milia marcarum, attenta exili conditione moderna, et hoc per viam regardi, habeatque de hoc securam solutionem aut competentem assignationem. Et si durante onere supradicto, casus exigat ut idem dominus dux laborem personalem subire oporteat, pro illo speciali labore itinerando aut equitando aliterve [col. b] profisiscendo, pro regardo remunerationem seorsum habebit rationabilem et competentem. Proviso semper, quod presens actus non extendat nec aliqualiter prejudicialis existat Margarete regine Anglie, de aliqua concessione sibi per dictum dominum regem facta, neque alicui actui parliamenti pro ipsa facto. 40. Be it remembered that whereas the lord king, with both the advice and assent of the lords spiritual and temporal and of the commons of his realm of England assembled in the present parliament, has ordained and appointed by his letters patent his dearest kinsman Richard, duke of York, protector and defender of his aforesaid realm and of the English church, and also his chief councillor; and that the same duke of York shall be and be named protector and defender of the said realm and the chief councillor of the said lord king, in and according to the force, form and effect of a certain act made and agreed in the said parliament, given on the day of the aforesaid letters. And in addition the same lord king has ordained and appointed by his other letters patent, with the aforesaid assent and advice, Edward his dearest first-born son, if or when he reaches the age of discretion, protector and defender of the aforesaid realm and church and his chief councillor. Willing that his same son, if he reaches such an age, shall be and be named protector and defender of the said realm and church and his chief councillor if he is then willing to assume on himself the charge of the aforesaid protector and defender, in and according to the force, form and effect of a certain act made and agreed in the said parliament, given on the day of the said letters: the aforesaid lord king, considering the various labours which it is necessary for both the aforesaid Edward and the aforesaid duke to support by reason of the foregoing, and wishing therefore to honour their persons with gracious honours and favours; with the aforesaid advice and assent has willed, granted and ordained that both the aforesaid Edward, if [p. v-244][col. a] he reaches the aforesaid age, as often as and whenever he assumes on himself and indeed exercises and occupies the aforesaid charge, and the aforesaid duke as often as and whenever he holds and exercises that charge, when the offices of foresters, parkers, and keepers of warrens within the realm of England and regions of Wales pertaining to the patronage of the aforesaid lord king as to his crown stand vacant, may appoint to the same offices under the following form; that is to say, that whenever any of the aforesaid offices happen to be vacant in future and they pertain to the patronage of the said lord king both the said Edward, if he reaches the aforesaid age, then assuming on himself the aforesaid charge, and the said duke, holding and exercising the charge of the occupation of such protection and defence, may nominate a suitable person to the same office and then under his seal notify the keeper of the privy seal of the said lord king at the time, who will be obliged to prepare letters thereupon under the privy seal for such an office to be held in due form, to the chancellor of England or the keeper of the great seal at the time during the king's pleasure. Providing always that any person holding any such office at the nomination of either the aforesaid Edward or the duke in future by letters patent of the lord king by virtue of the present act shall remain in that office peacefully according to the effect of those letters without the removal of the same, unless he is removed from the same by the lord king by the advice of the lords of his council on account of a reasonable cause shown and proved before them. Also, the same lord king, on account of the aforesaid advice, consent and cause has willed, granted and ordained that either of the aforesaid Edward and duke for the time he shall hold and exercise the charge of the aforesaid protection and defence may nominate suitable persons to any parish churches over the assessment of 20 marks up to the assessment of 30 marks inclusive, and also all prebends in royal chapels pertaining to the patronage of the lord king by right of his crown when thay are vacant, except for deaneries in the same royal chapels, during the force of the letters made separately to them for the protection and defence of the aforesaid realm, as mentioned above, and then under his seal notify the keeper of the privy seal of the said lord king at the time, who will be obliged to prepare letters thereupon under the privy seal for such churches and prebends to be held in the aforesaid form to the chancellor of England or the keeper of the great seal at the time, together with nominations to and of exchanges and ratifications of the aforesaid churches and prebends; however other offices, prebends and benefices not specified above, and the aforesaid deaneries, pertaining to the patronage or presentation of the lord king shall be at, fall to and pertain to the disposal of the aforesaid lord king when vacant from time to time, with the advice of the aforesaid protector and defender at the time and of the other lords of the council of the said lord king, except for benefices pertaining to the disposal of both the chancellor of England by reason of his office and the treasurer of England by reason of his office. In addition, since it is thus that the same duke, in holding his honourable position, which will necessarily increase in consideration since fuller honours are due to him in this respect and there will be more frequent coming to his presence both by subjects of the realm as by foreigners seeking to consult him, the king has willed, granted and ordained, with the aforesaid assent and advice that the same duke shall have and receive each year for his wages during the aforesaid protection and defence not as much as others have had in the past but only 2,000 marks considering the poor present day situation, and this by way of regard, and he shall have this by guaranteed payment or suitable assignment. And if during the abovesaid charge the case demands that it is necessary for the same lord duke to labour in person, in travelling or riding for that special labour or otherwise [col. b] in setting out, he shall have a separate, reasonable and suitable remuneration for the regard. Provided always that the present act shall not extend nor be prejudicial in any way to Margaret, queen of England concerning any grant made to her by the said lord king, nor to any act of parliament made for her.
Pro custodia maris. Concerning the keeping of the sea.
41. For asmoche < as > the kyng consideryng, that aswell diverse his liege men of this his realm, enhabitauntez nygh the costes of the see, as othir his subgettes usyng the fette of merchaundises, have been often tymes grevously emprysoned, distrussed, put to grete fynaunces and raunsomps, and theire shippes, vessels and merchaundises of grete valure taken uppon the see by his enemyes; and also merchauntes estraungers beyng under his liege, amytee, saufgarde, or saufconduyte uppon the see, have byn robbed and dispoyled, ayenst the fourme and entent of suche liges, trewes and saufconduytes; his highnesse willyng and entendyng < sufficiently > to provide for the remedie of suche inconveniences, and to eschewe and avoide all suche roberies and dispoilleries, hath, by thadvyce and assent of the lordes spirituell and temporell in this his high court of parlement assembled, desired certeyn grete lordes of this his realm, that is to sey, to Richard erle of Salusbury, John erle of Sherosbery, John erle of Wurcestre, James erle of Wilteshire, and John lord Stourton, with grete naviey of shippes and people defensible in grete number, purveied of abilmentes of werre, to entende with all diligence to them possible, to the saufgarde and kepyng of the see, for the resistence of his seid enemyes, and repressyng of ther outrageous malices; whiche lordes with all lowlynesse obeiyng the seid desire, as ferfourth as to them ys fesible, offre theym to be redy to execute his seid commaundement. Wherefor the kyng consideryng certeyn subsidies to be graunted to hym by the comyns of this his realm, in this his seid parlement, for the saufgarde and kepyng of the see, that is to sey, .iij. s. of every tonne of wyne comyng into this his realm, and of every tonne of swete wyne comyng into the same realme by eny merchaunt alien, .iij. s., over the seid .iij. s. afore graunted; and anothir subsidie called poundage, that is to sey, of all maner of merchaundises of every merchaunt denseyn and alien, caried out of this his realm, or brought into the same by wey of merchaundise, of the value of every .xx. s., .xij. d., cloth onely except, for the terme of .iij. yere; to have and perceyve the seid subsidies, from the thirdde day of April that shuld be in the yere of Our Lord .mccccliij. ti , for terme of his lif naturall, as in the acte of the graunte therof made in this seid parlement it appereth more at large: he willyng the seid subsidies to be applied to suche uses and entent as they be graunted fore, hath graunted and establysshed, by thadvys and assent of the lordes spirituell and temporell, and the commons in this present parlement assembled, and by auctorite of the same, that aftir thendentures made betwene hym and the seid erles and Lord Stourton, for the seid kepyng of the see, the same erles and Lord Stourton, and everyche of theym lengest levyng, shall have fro the seid .iij. day of April, by .iij. yere than next folowyng, all the seid subsidies comyng or growyng in all the portes of this his realme, or in eny of theym, by the hondes of the collectours of the same subsidies for the tyme beyng, by endentures therof severally to be made betwene the seid erles and Lord Stourton, or eny of theim survivyng othir, and the seid collectours of the same subsidies in eny porte of this realm for the tyme beyng: and that the seid erles and Lord Stourton, and every of theym over levyng othir, fro tyme to tyme duryng the seid terme of .iij. yere, at their wille shall [p. v-245][col. a] name and assigne to the tresorer of Englond for the tyme beyng, persones sufficient to be oon of the collectours of the seid subsidies, in every porte of this his realme. And that the seid tresorer of Englond for the tyme beyng, uppon suche nomination and assignement, duryng the seid terme of .iij. yere shall make sufficient warantes, to be direct to the chaunceler of Englond for the tyme beyng, for lettres patentes under the kynges grete seale to be made in due fourme, to suche persone or persones so named with othir to be oon of the collectours of the seid subsidies; and that suche persones for the tyme named by the seid erles and Lord Stourton, to be oon of the collectours of the seid subsidies, in the seid portes or eny of theym, after suche lettres patentes to theym or eny of theym directed, have and take fro tyme to tyme, to the use and profitte of the seid erles and < Lord Stourton, > and of every of theim lengyst levyng, all sommes of money comyng or growyng of the seid subsidies, in all suche portes where they shal be collectours, and the same sommes of money and every part of theim, paie to the erles and Lord Stourton, and to every of theim lengest levyng, by endentures betwene theim to be made, and every of suche collectours in the seid portes, or eny of theym to be named, duryng the tyme of the seid .iij. yere; and that every suche collectour, by the seid erles and Lord Stourton, or eny of theym over levyng othir, so to be named in the seid portes, or eny of them, in his accompt at the kynges escheker, of all suche paymentes by hym to theym in the fourme forsaid made, or to be made, have dewe allowaunce, and be therof in the same eschekir fully quyte and discharged. And if that suche collectours make paiement of the seid subsidies, or eny parcell therof, duryng the seid terme of .iij. yeres, in [memb. 16] any othir wyse or maner than is afore expressed; that then they be therof disallowed in their accompts in the seid escheker, and be chargeable therof to the seid erles and Lord Stourton, and every of theim over levyng othir. 41. Forasmuch as the king, considering that both several of his liegemen of this his realm who live close to the sea coast and his other subjects involved in merchandise have often been grievously imprisoned, distressed, put to large finances and ransoms, and their ships, vessels and merchandise of great value taken at sea by his enemies; and also foreign merchants who are under his allegiance, allliance, safeguard, or safe-conduct at sea have been robbed and plundered contrary to the form and intent of such allegiances, truces and safe-conducts; his highness, willing and intending sufficiently to provide for the redress of such misfortunes, and to shun and avoid all such robberies and plunderings, has desired, by the advice and assent of the lords spiritual and temporal assembled in this his high court of parliament, certain important lords of this his realm, that is to say, Richard, earl of Salisbury, John, earl of Shrewsbury, John, earl of Worcester, James, earl of Wiltshire, and John, Lord Stourton, with a large navy of defensive ships and many people equipped with the accoutrements of war, to apply themselves with all possible diligence to the safeguard and keeping of the sea for the resistance of his said enemies and repressing of their outrageous wrongs; which lords, obeying the said desire with all humility as much is possible for them, offer themselves ready to carry out his said command. Whereupon the king, considering certain subsidies to be granted to him by the commons of this his realm in this his said parliament for the safeguard and keeping of the sea, that is to say, 3 s . on every tun of wine imported to this his realm, and on every tun of sweet wine imported to the same realm by any alien merchant, 3 s ., in addition to the said 3 s . previously granted; and another subsidy called poundage, that is to say, on all manner of merchandise of every denizen and alien merchant exported from this his realm, or brought into the same as merchandise, on the value of every 20 s ., 12 d ., save only cloth, for the term of three years; to have and receive the said subsidies from 3 April 1453 for the term of his natural life, as more fully appears in the act made of the grant of this in this said parliament: willing the said subsidies to be applied to such uses and intent as they are granted for, has granted and established by the advice and assent of the lords spiritual and temporal and the commons assembled in this present parliament, and by the authority of the same, that according to the indentures made between him and the said earls and Lord Stourton for the said keeping of the sea, the same earls and Lord Stourton, and whichever of them living the longest, shall have from the said 3 April for three years then next following, all the said subsidies coming or accruing in all the ports of this his realm, or in any of them, by the hands of the collectors of the same subsidies at the time, by separate indentures to be made thereupon between the said earls and Lord Stourton, or any of them surviving the other, and the said collectors of the same subsidies in any port of this realm at the time: and that the said earls and Lord Stourton, and whichever of them who outlives the others, shall name and assign from time to time during the said term of three years at their will [p. v-245][col. a] to the treasurer of England at the time sufficient persons to be one of the collectors of the said subsidies in every port of this his realm. And that the said treasurer of England at the time, on such nomination and assignment during the said term of three years, shall make sufficient warrants to be directed to the chancellor of England at the time for letters patent under the king's great seal to be made in due form to such a person or persons thus named with others to be one of the collectors of the said subsidies; and that such persons for the time they are named by the said earls and Lord Stourton to be one of the collectors of the said subsidies in the said ports, or any of them, according to such letters patent directed to them or any of them, shall have and take from time to time for the use and profit of the said earls and Lord Stourton, and of whichever of them who lives the longest, all sums of money coming or accruing from the said subsidies in all such ports where they shall be collectors, and pay the same sums of money and every part of them to the earls and Lord Stourton, and to whichever of them who lives the longest, by indentures to be made between them and each of such collectors to be named in the said ports, or any of them, during the period of the said three years; and that each such collector thus to be named in the said ports by the said earls and Lord Stourton, or any of them outliving the others, or any of them, shall have due allowance in his account at the king's exchequer of all such payments made or to be made by him to them in the aforesaid form, and be fully quit and discharged of them in the same exchequer. And if that such collectors make payment of the said subsidies, or any part of them, during the said term of three years in [memb. 16] any other way or manner than is stated above, that then they shall not be allowed these in their accompts in the said exchequer, and shall be liable for them to the said earls and Lord Stourton, and whichever of them who outlives the others.
Provided alwey, that this acte nor noo thyng conteyned theryn, be prejudiciall nor hurt to Humfrey duc of Buk', late capiteyn of the toune and castell of Caleis, and of the toure of Risbanke, to have and perceyve among othir thynges in the porte of Sandewich, the seid subsidies, unto the tyme he be fully content and paide of the arrerages of the wages and rewardes of hym, his lieutenaunts and soudeours, late entendyng to the saufgard of the same towne, castell and toure, aftir the fourme of an acte therof for the seid duc made, in our parlement holden at Westm' the .xxviij. yere of our reigne; and then immediatly aftir the seid contentyng and paiement of the seid arrerages, the seid erles and Lord Stourton, and everyche of theim over levyng othir, duryng the seid terme of .iij. yere, shall have and perceyve the seid subsidies, comyng and growyng in the seid port of Sandewiche, and all sommes of money comyng of the same subsidies, by the hondes of the collectours ther for the tyme beyng, oone of the same collectours to be named and assigned by the seid erles and Lord Stourton, and every of theim over levyng othir, in maner and fourme aforseid; ne that this seid acte be prejudiciall to eny persone or persones, for whom eny acte is in this parlement made, for paiement of the wages of Caleis. And that the tresorer of Englond for the tyme beyng, shall make to the seid erles and Lord Stourton, and to every of theim over levyng othir, sufficient assignement of all the sommes of money that shall growe in the seid porte of Sandewych, of the seid subsidies, fro the seid .iij. day of April, unto the day that full paiement and contentyng to the seid duk or his executours, < of the seid arrerages be made and had; whiche > sommes shall nowe appere in thescheker of record, uppon thaccomptes made by the collectours in the seid porte of Sandewiche [col. b] for the tyme beyng. Also that the seid erles and Lord Stourton, their heires and executours, be quyte and discharged ayenst the kyng, and his heires for evermore, of all sommes of money whiche they or eny of theim, or eny othir for theim or in their name, shall have or receive of the seid subsidies, duryng the seid terme of .iij. yere; and that the same erles and Lord Stourton, be not compelled to yilde eny accompt or rekenyng of the seid subsidies receyved within the seid .iij. yeres, for the cause abovesaid, kepyng the covenauntes and effect expressed in thendentures made betwene the kyng and them for the kepyng of the see. And also that duryng the seid terme of .iij. yere, no licence be graunted by the kynges lettres patentes unto eny persone, to passe with eny shippe unto eny place of the kynges adversaries or enemyes, without grete and notable cause shewed to the kynges counseill. And also that in lyke wyse duryng the seid terme of .iij. yere, as fewe letters of saufcondite, be graunted unto eny persone under the kynges grete seale, as godely may be forborne, but if grete necessite require hit. And over that, if the godes of eny of the kynges liege people or eny of his frendes, be founde in eny vessell of the kynges enemyes, without eny saufconduyte; that then the seid erles and Lord Stourton, shall take < hit > and departe hit among theim and their seid retenue, without eny empechement, accordyng to the statute theruppon made: and that this acte be not prejudiciall to eny persone or persones, whiche by auctorite of an nothir acte in this present parlement made, shall lenne .m.li. or eny parcell therof, toward the kepyng of the see; but that the seid persone or persones, mowe have ayen and receyve the seid .m.li., and eche parcelle therof, in manere and fourme in the seid othir acte made as hit is specified, this acte notwithstondyng. (fn. v-227-235-1) Provided always that this act or anything contained in it shall not be prejudicial or cause harm to Humphrey, duke of Buckingham, late captain of the town and castle of Calais, and of the tower of Rysbank, to have and receive, among other things, the said subsidies in the port of Sandwich until he is fully satisfied of and paid the arrears of his wages and regards and those of his lieutenants and soldiers who were recently engaged on the safeguard of the same town, castle and tower according to the form of an act made thereupon for the said duke in our parliament held at Westminster in the twenty-eighth year of our reign; and then immediately after the said satisfaction and payment of the said arrears, the said earls and Lord Stourton, and whichever of them outlives the others, shall have and receive the said subsidies coming and accruing in the said port of Sandwich during the said term of three years, and all sums of money coming from the same subsidies by the hands of the collectors there at the time, one of the same collectors to be named and assigned by the said earls and Lord Stourton, and whichever of them who outlived the others, in the aforesaid manner and form; nor that this said act shall be prejudicial to any person or persons for whom any act is made in this parliament for the payment of wages for Calais. And that the treasurer of England at the time shall make to the said earls and Lord Stourton, and to whichever of them who outlives the others, sufficient assignment of all the sums of money that shall arise in the said port of Sandwich from the said subsidies from the said 3 April until the time that full payment and satisfaction is made to and received by the said duke or his executors of the said arrears; which sums shall now appear on record in the exchequer in the accounts made by the collectors in the said port of Sandwich [col. b] at the time. Also that the said earls and Lord Stourton, their heirs and executors, shall be quit and discharged towards the king and his heirs forever of all sums of money which they or any of them, or any other person for them or in their name, shall have or receive from the said subsidies during the said term of three years; and that the same earls and Lord Stourton shall not be compelled to submit any account or reckoning of the said subsidies received during the said three years for the abovesaid reason, keeping the covenants and effect expressed in the indentures made between the king and them for the keeping of the sea. And also that during the said term of three years no licence shall be granted by the king's letters patent to any person to cross with any ship to any place of the king's adversaries or enemies without great and notable reason being shown to the king's council. And also that in like manner during the said term of three years as few letters of safe-conduct shall be granted to any person under the king's great seal as may be graciously allowed, unless great necessity requires it. And in addition, if the goods of any of the king's liege people or any of his allies are found on any vessel of the king's enemies without any safe-conduct; that then the said earls and Lord Stourton shall take it and divide it between them and their said retinue without being prevented according to the statute made thereupon: and that this act shall be not prejudicial to any person or persons who, by the authority of another act made in this present parliament, shall lend £1,000 or any part of it towards the keeping of the sea; but that the said person or persons may have again and receive the said £1,000, and each part of it, in the manner and form as is specified in the said other act made, notwithstanding this act. (fn. v-227-235-1)
42. For asmoche as ther moste be purveid a notable somme of money, for the paiement of wages of certeyn lordes, and othir people that with theim shal be accompanied, for the kepyng of the see, the kyng therfor, by thadvise and assent of the lordes spirituell and temporell, and communes in this his present parlement assembled, and by auctorite of the same, hath ordeyned and stablysshed, the .xvi. day of April the yere of his reigne .xxxij. ti , the same parlement than induryng, that ther shal be severally leveide and had by wey of lonne and preste to hym, before the .xx. day of Juyn, the whiche shal be in the yere of Our Lord .mccccliiij. ti , of the inhabitauntez of certeyn citees and tounes of this his realm, certain sommes of money hereaftir suyng: 42. Considering that a large sum of money must be provided for the payment of the wages of certain lords and other people who shall accompany them for the keeping of the sea, the king therefore, by the advice and assent of the lords spiritual and temporal and commons assembled in this his present parliament, and by the authority of the same, has ordained and established on 16 April in the thirty-second year of his reign, the same parliament then being in session, that there shall be separately levied and received by way of loan and prest to him before 20 June 1454 from the inhabitants of certain cities and towns of this his realm, certain sums of money listed below:
That is to sey, of the inhabitantz of the citee of London, .ccc.li. That is to say, from the inhabitants of the city of London, £300.
And of the inhabitauntez of the toune of Bristowe, .cl.li. And from the inhabitants of the town of Bristol, £150.
Item, of the inhabitauntez of the toune of Hampton, .c.li. From the inhabitants of the town of Southampton, £100.
Item, of the inhabitauntez of the citee of Norwich, and of the toune of Yermouth, .c.li. From the inhabitants of the city of Norwich and from the town of Great Yarmouth, £100.
Item, of the inhabitauntes of the tounes of Gippewich, Colchestre and Maldon, .c.li. From the inhabitants of the towns of Ipswich, Colchester and Maldon, £100.
Item, of the inhabitauntez of the cite of Newe Sarum, and the tounes of Pole and Weymouth, .l.li. From the inhabitants of the city of Salisbury, and the towns of Poole and Weymouth, £50.
Item, of the inhabitauntes of the cite of Yorke, and of the toune of Hull, .c.li. From the inhabitants of the city of York and of the town of Hull, £100.
Item, of the inhabitauntes of the toune of Lynne, .l.li. From the inhabitants of the town of King's Lynn, .l. li .
Item, of the inhabitauntes of the toune of Boston, .xxx.li. From the inhabitants of the town of Boston, £30.
Item, of the inhabitauntes of the toune of Newe Castell upon Tyne, .xx.li. From the inhabitants of the town of Newcastle upon Tyne, £20.
[p. v-246]
[col. a]
And for repaiement and contentation of the seid sommes of money to be made particulerly to the seid inhabitauntes aftir the rate of the lone of the same sommes of money by them severally made, it is ordeyned by the seid advise and auctorite, that the seid inhabitauntes of the seid citee of London, shall have and receyve       .ccc.li. of the first money that shall growe of the subsidie graunted in this parlement of .iij. s. of the tonne, and .xij. d. of theli., of all manere merchaundises, not beyng merchaundises of the staple, goyng out of the porte of London, and comyng into the same by wey of merchaundise. And the seid inhabitauntes of the toune of Bristowe, shall have and receyve         .cl.li. of the first money that shall growe of the seid subsidie in the port of Bristowe, of all manere merchaundises not belongyng to the staple, goyng out of the seid porte, and comyng into the same by wey of merchaundise. And the seid inhabitauntes of the toune of Hampton, shall have and receyve         .c.li. of the first money that shall growe of the seid subsidie, of all manere merchaundises not perteinyng to the staple, goyng out of the porte of Hampton, and comyng into the same by wey of merchaundise. And the seid inhabitauntes of the cite of Norwich, and the toune of Yernemouth, shall have and receyve           .c.li. of the first money that shall growe of the seid subsidie, of all manere of the seid merchaundises goyng out of the porte of Yermouth, and comyng into the same by wey of merchaundise. And the seid inhabitauntes of the said tounes of Gippewich, Colchestre and Maldon, shall have and receyve           .c.li. of the first money that shall growe of the seid subsidie, of all manere suche merchaundises goyng out of the porte of Gippewich, and comyng into the same by wey of merchaundise. And the seid inhabitauntes of the citee of Newe Sarum, the toune of Poole and Weymouth, shall have and receyve           .l.li. of the first money that shall growe of the seid subsidie, of all manere suche merchaundises goyng out of the porte of Poole and Weymouth, and comyng into the same by wey of merchaundise. And the seid inhabitauntes of the citee of York, and of the toune of Hull, shall have and receyve             .c.li. of the first money that shall growe of the seid subsidies, of all manere suche merchaundises goyng out of the porte of Hull, and comyng into the same by wey of merchaundise. And the seid inhabitauntes of the toune of Lynne, shall have and receyve           .l.li. of the first money that shall growe of the seid subsidie, of all manere suche merchaundises goyng out of the porte of Lynne, and comyng into the same by wey of merchaundise. And the seid inhabitauntes of the toune of Boston, shall have and receyve           .xxx.li. of the first money that shall growe of the seid subsidie, of all manere suche merchaundises goyng out of the porte of Boston, and comyng into the same by wey of merchaundise. And the seid inhabitauntes of the toune of Newe Castell upon Tyne, shall have and receyve           .xx.li. of the first money that shall growe of the seid subsidie, of all manere suche merchaundises goyng out of the porte of Newe Castell upon Tyne, and comyng into the same by wey of merchaundise; by the hondes of the collectours of the seid subsidie in the portes aboveseid for the tyme beyng, by endentures therof be twene the seid inhabitauntes and the seid collectours < þerof > severally to be made; the whiche paiementz so severally to be made, by the seid collectours to the same inhabitauntes, shal be preferred all othir paiementz to be made of the seid subsidie, by reason of eny othir assignation or warant of suche paiementz to be < had of þe seid subsidie made: > and that all suche assignmentz and warant to be differred and put in respite, into the tyme that the seid paiementz be fully made to the seid inhabitauntes. And that all the seid collectours shall have due allowaunce and discharge in their accomptz in theschequer, by [col. b] reason of the seid indentures, of all suche paiementes to be made to the seid inhabitauntes by reason of this acte: and if the seid collectours refuse to make suche paiementes to the seid inhabitauntz, then thei shall have severally their actions agayn all suche collectours so refusyng, upon this acte and ordenaunce. And for repayment and satisfaction of the said sums of money to be made to each of the said inhabitants according to the rate of the loan of the same sums of money individually made by them, it is ordained by the said advice and authority that the said inhabitants of the said city of London shall have and receive £300 from the first money that shall accrue from the subsidy granted in this parliament of 3 s . on the tun and 12 d . on the pound on all manner of merchandise which is not merchandise of the staple exported from the port of London and imported to the same as merchandise. And the said inhabitants of the town of Bristol shall have and receive £150 from the first money that shall accrue from the said subsidy in the port of Bristol on all manner of merchandise not belonging to the staple exported from the said port and imported to the same as merchandise. And the said inhabitants of the town of Hampton shall have and receive £100 from the first money that shall accrue from the said subsidy on all manner of merchandise not pertaining to the staple exported from the port of Southampton and imported to the same as merchandise. And the said inhabitants of the city of Norwich and the town of Great Yarmouth shall have and receive £100 from the first money that shall accrue from the said subsidy on all manner of the said merchandise exported from the port of Great Yarmouth and imported to the same as merchandise. And the said inhabitants of the said towns of Ipswich, Colchester and Maldon shall have and receive £100 from the first money that shall accrue from the said subsidy on all manner of such merchandise exported from the port of Ipswich and imported to the same as merchandise. And the said inhabitants of the city of Salisbury, the towns of Poole and Weymouth shall have and receive £50 from the first money that shall accrue from the said subsidy on all manner of such merchandise exported from the ports of Poole and Weymouth and imported to the same as merchandise. And the said inhabitants of the city of York and of the town of Hull shall have and receive £100 from the first money that shall accrue from the said subsidies on all manner of such merchandise exported from the port of Hull and imported to the same as merchandise. And the said inhabitants of the town of King's Lynn shall have and receive £50 from the first money that shall accrue from the said subsidy on all manner of such merchandise exported from the port of King's Lynn and imported to the same as merchandise. And the said inhabitants of the town of Boston shall have and receive £30 from the first money that shall accrue from the said subsidy on all manner of such merchandise exported from the port of Boston and imported to the same as merchandise. And the said inhabitants of the town of Newcastle upon Tyne shall have and receive £20 from the first money that shall accrue from the said subsidy on all manner of such merchandise exported from the port of Newcastle upon Tyne and imported to the same as merchandise; by the hands of the collectors of the said subsidy in the abovesaid ports at the time by indentures to be made separately thereupon between the said inhabitants and the said collectors of it; which payments thus to be made separately by the said collectors to the same inhabitants shall be preferred over all other payments to be made from the said subsidy by reason of any other assignment or warrant for such payments to be made from the said subsidy: and that all such assignments and warrants to be deferred and put in respite until the said payments are fully made to the said inhabitants. And that all the said collectors shall have due allowance and discharge in their accounts in the exchequer by [col. b] reason of the said indentures for all such payments to be made to the said inhabitants by reason of this act: and if the said collectors refuse to make such payments to the said inhabitants, then they shall each have their actions on this act and ordinance against all such collectors thus refusing payment.
Provided alwey, that every merchaunt denisen of this realm, fro the .iij. day of April last past, by .iij. yeres than next folowyng, be quite and discharged of the subsidie of .xij. d. called poundage, of the value of every .xx. s., .xij. d. of their wullyn cloth goyng out of this same realm in any wyse, by the same tyme of .iij. yeres. Provided that by this acte noo prejudice ne hurte growe unto Margarete the quene our soveraigne lady. Provided always that every denizen merchant of this realm from 3 April last past for the next following three years shall be quit and discharged of the subsidy of 12 d . called poundage of the value of every 20 s ., and 12 d . on their woollen cloth exported from this same realm in any way during the same three year period. Provided that by this act no prejudice or harm shall befall Margaret, our sovereign lady the queen.
Pro hospitio regis. Concerning the king's household.
43. Item, quedam cedula [...] exhibita fuit eidem domino regi, in presenti parliamento, in hec verba: 43. Item, a certain schedule was presented to the same lord king in the present parliament, in these words:
To the kyng our soveraigne lord: forasmoche as dyvers goodes and catelx yerely byn taken by the officers and purveiours of your honorable houshold, for the expenses of the same, of your humble subjettes within this your noble roialme; for whiche godes and catelx they have not been sufficiently content nor paide, to ther grete hurte and enpoverysshyng. To the king our sovereign lord: considering that various goods and chattels have been taken each year from your humble subjects in this your noble realm by the officers and stewards of your honourable household for their expenses; for which goods and chattels they have not been sufficiently satisfied or paid, to their great harm and impoverishment.
That it may please your highnesse of your noble grace, for the tendir affection and zele that ye have to your seid subgettes, to ordeyn and establyssh, by the thadvys and assent of the lordes spirituell and temporell, and the communes in this your high court of parlement assembled, and by the auctorite of the same, that all severall sommes of money hereafter ensuyng in writyng, assigned, lymittid and annoted, be yerly first taken, resceyved and applied, for the paiement and contentyng of the expenses for your seid houshold, by assignementes severally to be made by the tresorer of this your noble roialme for the tyme beyng, to the tresorer of your seid honorable houshold for the tyme beyng, of the fermours or occupiours of the maners, londes, tenementes, fermes, feefermes, customes, subsidies, and othir thynges herafter folowyng, fro the first day of Aprill, the .xxxij. yere of your noble reigne, unto the ende of .iij. yere next suyng. May it please your highness from your noble grace, for the warm affection and love that you have for your said subjects, to ordain and establish by the advice and assent of the lords spiritual and temporal and the commons assembled in this your high court of parliament, and by the authority of the same, that all individual sums of money following here in writing be assigned, limited and noted, be taken, first each year received and applied for the payment and satisfaction of the expenses for your said household by assignments to be made separately by the treasurer of this your noble realm at the time to the treasurer of your said honourable household at the time from the farmers or occupiers of the manors, lands, tenements, farms, fee-farms, customs, subsidies, and other things following hereafter from 1 April in the thirty-second year of your noble reign [1454]until the end of the next following three years.
First, of the issues and profittes comyng or growyng of all the maners, lordships, londes and tenementes, with ther appurtenaunces, withyn your duchie of Cornewayll, yerely by the hondes of your resceyvour ther, .cccc.li. First, from the issues and profits coming or accruing each year from all the manors, lordships, lands and tenements, with their appurtenances, within your duchy of Cornwall, by the hands of your receiver there, £400.
Item, of the issues, < profittez, fermes, revenuez, > fynes and yiftes, and all manere othir commoditees growyng within your countees of Kermerdyn and Cardygan in Southwales, by the handes of your chamberlayn or resceyvours ther yerely, .cccc.li. From the issues, profits, farms, revenues, fines and gifts, and all manner of other commodities accruing each year within your counties of Carmarthen and Cardigan in south Wales by the hands of your chamberlain or receivers there, £400.
Item, of the issuez, profittes, fermes, revenuez, fynes and yiftes, and all othir commodites growyng within your countees of Carnarvan, Merenyon, et insula de Anglesey, by the hondes of your chamberleyn or resceyvours ther yerely, .cccc.li. From the issues, profits, farms, revenues, fines and gifts, and all other commodities accruing each year within your counties of Caernarfon, Merioneth, and the Isle of Anglesey by the hands of your chamberlain or receivers there, £400.
Item, of the kynges customes and subsidies, by the hondes of the collectours therof in the porte of Sutht', yerely, tonage and poundage except, .mdc.li. From the king's customs and subsidies each year in the port of Southampton by the hands of the collectors of it, except for tonnage and poundage, £1,600.
Item, of the kynges customes and subsidies, by the hondes of the collectours therof in the porte of Yarmouth yerely, tonage and poundage except, .lxx.li. From the king's customs and subsidies each year in the port of Great Yarmouth by the hands of the collectors of it, except for tonnage and poundage, £70.
[p. v-247]
[col. a]
[memb. 15]
Item, of the kynges custumes and subsidies, by the hondes of the collectours therof in the porte of Chichestre yerely, tonage and poundage except, .xl.li. From the king's customs and subsidies each year in the port of Chichester by the hands of the collectors of it, except for tonnage and poundage, £40.
Item, of the kynges custumes and subsidies of the wolles, by the hondes of the collectours therof in the porte of London yerely, .cccc.li. From the king's customs and subsidies on wool each year in the port of London by the hands of the collectors of it, £400.
Item, of the pety custume, by the hondes of the collectours therof yerely in London, .cc.li. From the petty custom each year in London by the hands of the collectors of it, £200.
Item, of the kynges custumes and subsidies, by the hondes of the collectours therof in the porte of Boston yerely, tonage and poundage except, .ccc.li. From the king's customs and subsidies each year in the port of Boston by the hands of the collectors of it, except for tonnage and poundage, £300.
Item, of the kynges custumes and subsidies, by the hondes of the collectours therof in the porte of Hull yerely, tonage and poundage except, .ccc.li. From the king's customs and subsidies each year in the port of Hull by the hands of the collectors of it, except for tonnage and poundage, £300.
Item, of all wardes, mariages, voidaunce of bisshopriches, abbeys and prioryes, tyme of vacation, of all the profittes and commodites growyng of them yerely, .m. marcs. From all wardships, marriages, vacancies of bishoprics, abbeys and priories during the period of voidance, from all the profits and commodities accruing from them each year, 1,000 marks.
Item, of the fermours and occupiours of the maners of Cokham and Bray, with ther appurtenaunce yerely, .c.li. From the farmers and occupiers of the manors of Cookham and Bray with their appurtenances each year, £100.
Item, of the fermours of the ulnage in the toun of Bristowe yerely, .lx.li. From the farmers of the alnage in the town of Bristol each year, £60.
Item, of the fermours of the ulnage in the countees of Suff' and Essex yerely, .lx.li. From the farmers of the alnage in the counties of Suffolk and Essex each year, £60.
Item, of the fermours of the ulnage in the counte of Somerset yerely, .iiij. .xx. li. From the farmers of the alnage in Somerset each year, £80.
Item, of the fermours of the ulnage in the counte of Wiltes' yerely, .xl.li. From the farmers of the alnage in Wiltshire each year, £40.
Item, of the fermours of the ulnage in London yerely, .xx.li. From the farmers of the alnage in London each year, £20.
Item, of the fermours of the ulnage in the countees of Oxonford and Berk', .ix.li. From the farmers of the alnage in the counties of Oxford and Berkshire, £9.
Item, of the fermours of the ulnage in the counte of Kent yerely, .xv.li. From the farmers of the alnage in Kent each year, £15.
Item, of the fermours of the ulnage in the counte of Warr' yerely, .xxvi.li. from the farmers of the alnage in the county of Warwick each year, £26.
Item, of the fermours of the ulnage in the counte of Sutht' yerely, .x. marcs. From the farmers of the alnage in Hampshire each year, 10 marks.
And that all assignementes to be made by vertue of this acte of the seid sommes of money, in the fourme aforesaide lymitted and annoted, and every parcell of theim, be preferred in allouaunce before all othir grauntes or assignementes made, or to be made, by the kynges lettres patentes or othirwyse, of eny sommes of money to be had of eny of the premisses, for eny othir cause than for the contentyng of the expenses of your seid houshold, beyng in the charge of the seid tresorer of houshold. Provided alwey, that this act extende not nor in eny wyse be prejudiciall to Margarete queene of Englond, of eny graunte by the kyng to her made by acte of parlement or othirwyse, in eny of the premisses. Provided also, that this acte extende not nor be prejudiciall in eny wyse to Richard duke of Yorke, nor to eny persone or persones havyng eny manere astate of enheritaunce in eny of thes premisses, in eny thyng that touchith or concerneth the astate of enheritaunce of the seid duke, or eny othir persone in the premisses, or in eny of theim, of ther enheritaunce. Provided also, that this acte extende not nor be prejudiciall to Humfrey duke of Bukyngham, of eny graunte or acte of parlement to hym made of eny of the premisses, in eny manere wyse. Provided also, that by this act no prejudice ne derogation growe unto Margarete duchesse of Somerset. And if the sommes abovesaid excede the somme yerely of [col. b] .x. thousand marcs, that asmoche of the same sommes as so excedith, be from tyme to tyme emploide unto the kynges use, othir then to his houshold, by thadvys of his counseill. And that all assignments of the said sums of money to be made by virtue of this act in the aforesaid form limited and noted, and every part of them, shall be allowed in preference to all other grants or assignments made or to be made by the king's letters patent or otherwise from any sums of money to be received from any of the foregoing, for any other cause than for the satisfaction of the expenses of your said household which are in the charge of the said treasurer of the household. Provided always that this act shall not extend or be prejudicial in any way to Margaret, queen of England as regards any grant made to her by the king by act of parliament or otherwise on any of the foregoing. Provided also that this act shall not extend nor be prejudicial in any way to Richard, duke of York, or to any person or persons who have any manner of title of inheritance in any of these aforementioned things, in anything that touches or concerns the title of inheritance of the said duke, or any other person as regards their inheritance in the foregoing, or in any of them. Provided also that this act shall not extend or be prejudicial in any way to Humphrey, duke of Buckingham as regards any grant or act of parliament made to him of any of the foregoing. Provided also that by this act no prejudice or derogation shall occur to Margaret, duchess of Somerset. And if the abovesaid sums exceed the yearly sum of [col. b] 10,000 marks that the same excess shall be employed from time to time for the king's use, other than for his household, by the advice of his council.
Cui quidem cedule prefati communes assensum suum prebuerunt sub hiis verbis: a cest bille les commyns sount assentuz. (fn. v-227-292-1) To which schedule the aforesaid commons gave their assent in these words: to this bill the commons are agreed. (fn. v-227-292-1)
Quibus quidem cedula et assensu, in parliamento predicto lectis et plenius intellectis, eisdem, de avisamento et assensu dominorum spiritualium et temporalium in eodem parliamento existentium, responsum fuit sub eo qui sequitur tenore verborum: Which schedule and assent having been read and fully understood in the aforesaid parliament, it was answered to the same with the advice and assent of the lords spiritual and temporal assembled in the same parliament under that tenor of words which follow:
Le roy le voet. Provided alway, that this acte extende not in any wyse to thissuez, profittez and revenuez, of eny manours, lordships, londes, tenementes, and othir possessions or enheritauncez, that were somtyme parcell of the duchie of Lancastr', and wherof certeyn persones been enfeoffed for execution and fullfillyng of the kynges wille and entent. Provided also, that this acte extende not nor in eny wyse be prejudiciall to Margarete queene of Englond, of eny graunte or grauntes made to hir by the kyng, nor of eny acte of parlement made for hir. Also provided, that the seid acte be not prejudiciall to eny persone or persones, of eny thyng touchyng ther enheritaunces, nor to eny assignement made by auctorite of parlement, nor to the duke of Bukyngham, the chaunceler, tresorer, prive seale, nor the kynges juges, sergeauntes and attourney, clerk of the counseill, nor to eny officer of the chauncerie, nor eny othir officer in eny of the kynges courtes of record, as to their wages, fees, rewardes or clothyng, of olde tyme due and accustumed. (fn. v-227-295-1) The king wills it. Provided always that this act shall not extend in any way to the issues, profits and revenues of any manors, lordships, lands, tenements, and other possessions or inheritances that were sometime part of the duchy of Lancaster, and of which certain persons have been enfeoffed for the carrying out and fulfilment of the king's will and intent. Provided also that this act shall not extend or be prejudicial in any way to Margaret, queen of England as regards any grant or grants made to her by the king, or as regards any act of parliament made for her. Also provided that the said act shall not be prejudicial to any person or persons as regards anything touching their inheritances, or to any assignment made by the authority of parliament, or to the duke of Buckingham, the chancellor, treasurer, keeper of the privy seal, or the king's judges, serjeants and attorney, the clerk of the council, or to any officer of the chancery, or to any other officer in any of the king's courts of record, as to their wages, fees, regards or clothing due and accustomed from of old. (fn. v-227-295-1)
Revocatio alterius acti pro hospitio < predicto > anno .xxviij. o editi. Revocation of another act enacted for the household in the aforesaid twenty-eighth year [1449-50].
44. Item, quedam petitio exhibita fuit eidem domino regi, in presenti parliamento, sub hac serie verborum: 44. Item, a petition was presented to the same lord king in the present parliament under this sequence of words:
Plese it the kyng, by thassent of the lordes spirituell and temporell, and the communes of this lande assembled in this present parlement, and by auctorite of the same, to ordeyn and stablyssh, that thacte made in the parlement begon at Westm' the .vi. day of November, the yere of your noble reigne .xxviij., and endid at Leycestr', for your houshold, be the whiche certeyne sommes were assigned for thexpenses therof, be voide and of none effecte, but be fully revoked, adnulled, and of none strenght; consideryng that in this present parlement it is othirwyse purveide for the seid houshold. And that the lettres patentes made for estmarches, uppon the groundes conteyned in the act made in the seid parlement begon at Westm', be adnulled, voide, and of no strenght, so that the kyng be not double charged; this acte to begynne this same day, that is to sey, the .xvij. day of Apryll, the yere of your noble reigne .xxxij. ti . May it please the king, by the assent of the lords spiritual and temporal and the commons of this land assembled in this present parliament, and by the authority of the same, to ordain and establish that the act made for your household in the parliament commenced at Westminster on 6 November in the twenty-eighth year of your noble reign and concluded at Leicester [1449-50], by which certain sums were assigned for the expenses of the household, shall be void and invalid, and be fully revoked, anulled, and of no force, considering that in this present parliament it is provided otherwise for the said household. And that the letters patent made for east marches on the grounds contained in the act made in the said parliament commenced at Westminster be anulled, made void, and of no force, so that the king shall not be charged twice; this act to commence this same day, that is to say, 17 April in the thirty-second year of your noble reign [1454].
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 sequente: Which petition having been read, heard and fully understood in the aforesaid in parliament, with the advice and assent of the lords spiritual and temporal and of the commons of the realm of England assembled in the same parliament, it was answered to the same in the following form:
Le roy le voet. Purveu toutz foitz, qe lez assignementes pur l'expenses du l'ostell du roy, devaunt le dit dis et septisme jour de moys d'Apprill faitz, soient en sa force, cest act nient obstant. The king wills it. Provided always that the assignments for the expenses of the king's household made before the said 17 April shall remain in force, notwithstanding this act.
[Robert Poynings.] [Robert Poynings.]
45. For asmoche as oon Robert Ponyngys, late of Suthwerk in our counte of Surr' esquyer, the [p. v-248][col. a] whiche was accompenyed and adherent to the most horrible, wykked and heynous traytour and tyraunt John Cade in tyme of his insurrection, and was karver and swerd berer to the seid most heynous traytour, at suche tyme as he didde his roberye and tyrannye in the citee of London, and mony othir places, the whiche Robert [...] and stirred the grete parte of suche as were adherentes and accompenyed to the seid traytour, to ryse ayenst our highnesse, our lawes and peaix; the whiche Robert yit at this day is perseveryng, continuyng and habidyng in his seid wykked malicious disposition and entent, laboryng daily as fer as in hym is, to all such as will be meved and stered by him, to make assemblees and congregations of people to ryot ayenst our highnesse, our lawes and peaix, havyng and holdyng daily in his feloweship such persones as ben endited of felonie and treason, and suche as none othir of our liege people will have in ther service; and sith our generall pardon graunted to hym by us, the same Robert founde suerte unto us to kepe our peaix, and of his good beryng ayenst us and our liege people, as it apperith in our chauncerie of record, by reconysaunce by hym and by othir made; the same Robert sith that suerte founde, hath done monye riottes, for the which he hath late take the sayntwarye and liberte of the chirche of Westm' for his tuition; and sith that, allso gon out of the same sayntwarye at mony dyvers tymes, and done mony grete and dyvers riottes and offenses, and aftir resortyng when he wuld, and departyng when he wolde, noght consideryng nor peisyng the grace to him graunted by us, nor the surete to us by him and othir founde to kepe our peaix, and of his good beryng, in the fourme as it is above rehersed. Nowe late the same Robert hath assemblet and aggregat unto him, mony persones onknowen to us and of evyll disposition in grete nombre, that is to sey, the .xv., .xvi. and .xvij. day of the moneth of Marche, in the .xxxij. yere of our reigne, at North Cray and Fremyngham, in the shire of Kent, and at othir places rode in riottes wyse, and arraied in manere of warre, that is to sey, with jackes, salettes, and with othir array of werre, ayens the fourme of our statutes in suche cas provided. Wherfor we, by thassent of our lordes spirituelx and temporelx, and of the commyns in this present parlement assembled, and by auctorite of the same parlement, ordeyne and establish, that the seid Robert, and tho persones that ben his suerte and bounden as it is above rehersed, and as it apperith of record in our chauncerie as it is seid above, forfaite to us and paye, the sommes in the same record and reconysaunce in the seid chauncerie conteyned, and leeve to be made therof by fieri facias, or in suche wyse as it can be thought reason unto our tresorer of Englond, and unto our barons of our escheker: and by the same auctorite wee wole and ordeyne, that a transcrite of this same act, in all godely hast be sent and delyvered, unto our seid tresorer, and unto our seid barons, to thentent that leeve may be made therof, as trouth and reson will. The moyte of all that that is forfaited above conteyned in the seid reconysaunce, to be emploide uppon the kepyng of the see. The moyte of that othir moyte unto our grete wardrope; and that othir moyte of the same moyte, to our stable. (fn. v-227-311-1) 45. Considering that one Robert Poynings, late of Southwark in Surrey, esquier, [p. v-248][col. a] who was a follower and adherent of the most dreadful, wicked and heinous traitor and tyrant John Cade during his insurrection, and was carver and sword-bearer to the said most heinous traitor when he carried out his robbery and tyranny in the city of London and many other places, which Robert incited the majority of those who were adherents and followers of the said traitor to rise against our highness, our laws and peace; which Robert to this day is still persisting, continuing and remaining in his said wicked malicious disposition and intent, labouring daily, as far as he is able, with all those who will be influenced and guided by him to make assemblies and gatherings of people to riot against our highness, our laws and peace, having and holding daily in his fellowship such persons as have been indicted of felony and treason, and such as no other of our liege people will have in their service; and since our general pardon granted by us to him the same Robert found surety to us to keep our peace, and of his good behaviour towards us and our liege people, as it appears on record in our chancery, by recognizance made by him and by others; since he found surety the same Robert has committed many riots for which he has recently taken advantage of the sanctuary and liberty of Westminster church for his protection; and since that time he has also left the same sanctuary on many occasions, and committed many and various riots and offences, and after returning when he wished and departing when he wished, not considering nor pondering the grace granted by us to him, nor the surety found by him and others to keep our peace towards us, and of his good behaviour, in the form as is mentioned above. Now the same Robert recently assembled and gathered to him a large number of persons unknown to us and of an evil disposition, that is to say, on 15, 16 and 17 March in the thirty-second year of our reign [1454] rode equipped for riots and arrayed in the manner of war at North Cray and Farningham in Kent, and at other places, that is to say with jacks, sallets, and with other accoutrements of war against the form of our statutes provided in such a case. Whereupon we, by the assent of our lords spiritual and temporal and of the commons assembled in this present parliament, and by the authority of the same parliament, ordain and establish that the said Robert, and those persons who have been his guarantee and bond as is stated above, and as it appears on record in our chancery as is said above, forfait to us and pay the sums contained in the same record and recognizance in the said chancery, and levy to be made of this by fieri facias, or in such a way as can be thought reasonable by our treasurer of England and by our barons of our exchequer: and by the same authority we will and ordain that a transcript of this same act be sent and delivered in all good haste to our said treasurer and to our said barons so that levy may be made of this, as truth and reason demands. One half of all what is forfeited above, contained in the said recognizance, to be used on the keeping of the sea. One half of that other half to be sent to our great wardrobe; and the other half of the same half, to our stable. (fn. v-227-311-1)
Contra illos dominos qui non venerunt ad parliamentum. Against those lords who did not come to parliament.
46. Memorandum, quod ultimo die Februarii, anno regni dicti domini regis tricesimo secundo, quedam alia petitio exhibita fuit eidem domino regi, in presenti parliamento, hanc seriem verborum continens: 46. Be it remembered that on the last day of February in the thirty-second year of the reign of the said lord king another petition was presented to the same lord king in the present parliament containing this sequence of words:
Please it the kyng our soveraigne lord: that for asmoche as dyvers and mony lordes of this lande, [col. b] aswell spirituell as temporell, the which have be sommoned and commaunded by your writtes directed unto everyche of theim severally, to have come and be at this your present parlement, the whiche in no wyse be come, nor have be at your seid parlement at your paleys of Westm', sith the .xiiij. day of Feverer last passed unto this day, that is to sey, the last day of Feverer the yere of your reigne .xxxij. ti , but have absented hem sith the seid .xiiij. day of Feverer of commyng to the seid parlement, wherto they have be called, sommoned or warned; < to > ordeyne and establissh by auctorite of this present parlement, that every of the seid lordes so not comen, but beyng absent, be charged to yeve and paie unto you and to your use, such sommes of money, and in suche manere as folowith. That is to sey, every archebishop, and every duke, .c.li.; every bisshop, and every erle, .c. marcs; every abbot, and every baron, .xl.li.; to be leevede uppon ther londes and godes wheresoever they be within this your realm; and that by all meanes and processe to be made out of your eschequyer, suche as hath be accustumed to be had for the leeve of othir grauntes, made unto you in your parlement. May it please the king our sovereign lord: considering that several and many lords of this land, [col. b] both spiritual and temporal, who have been summoned and commanded by your writs directed to each of them individually to come to and attend this your present parliament, who have not come nor attended your said parliament at your palace of Westminster at all since 14 February last past until this day, that is to say, the last day of February in the thirty-second year of your reign, but have absented themselves since the said 14 February from attending the said parliament to which they have been called, summoned or warned; to ordain and establish by the authority of this present parliament that every one of the said lords who have not appeared but are absent be charged to give and pay to you and for your use such sums of money and in such manner as follows. That is to say, every archbishop and every duke, £100; every bishop and every earl, 100 marks; every abbot and every baron, £40, to be levied on their lands and goods wherever these be within this your realm; and by all the means and processes to be made out of your exchequer, as have been accustomed to be had in the levy of other grants made to you in your parliament.
Provided alwey, that the bisshops of Bangour, Saint Asse, and Landaff, that be not come to this seid parlement as above, be not charged but oonly eche of theim in .xx.li. Provided also, that suche lordes that for feblenesse or sekenesse be not able to come, nor may come to the said parlement at this tyme, be forprisid of this acte; so that suche feblenesse or sekenesse be sufficiently and duely proved by juste and indifferent examination before the lordes of the kynges counseill, and by none othir triall to be [memb. 14] therof hadde: and that it be ordeigned and establisshed by the seid auctorite, that everyche lord as for suche feblenesse or sekenesse mowe not come as above, make suche fyne unto you, as shal be thought reasonable by the discretion of the seid lordes of your counseill, so alwey that the seid fyne excede not the somme in this acte charged uppon the seid lord for his absence, as it is afore declared. Provided also, that this acte extende not to the duke of Somerset, nor to the Lord Cobham, beyng in pryson; nor to the Lord Revers, the Lord Welles, ne the Lord Moleyns, beyng beyonde the see by the kynges commaundement. Provided also, that this acte extende not ne be prejudiciall to the lordes Beauchamp and Saint Amande, beyng abought the kynges persone in the tyme of his infirmitee. Provided also, that this acte atteigne not to eny hurt, prejudice, burdon or charge, of the seid lordes so absente, or eny of hem, savyng onely of paiement of the seid sommes or fynes; and the seid sommes to be appliede to the saufgarde of your toun of Cales', your castell of Guysnes, and your marches ther, and to none othir use; this present acte to extende to suche lordes oonly as be not come as above for this tyme, and no lenger. Provided always that the bishops of Bangor, St Asaph, and Llandaff who have not come to this said parliament, as mentioned above, shall each be charged only £20. Provided also that such lords who are unable to come on account of infirmity or sickness, and may not come to the said parliament at this time, shall be excepted from this act; provided that such infirmity or sickness is sufficiently and duly proved by just and impartial examination before the lords of the king's council, and by no other test to be [memb. 14] applied thereupon: and that it shall be ordained and established by the said authority that each lord who may not come on account of such infirmity or sickness, as stated above, shall make such fine to you as shall be thought reasonable by the discretion of the said lords of your council, provided always that the said fine shall not exceed the sum charged upon the said lord for his absence as declared above in this act. Provided also that this act shall not extend to the duke of Somerset, nor to Lord Cobham, who are in prison; nor to Lord Rivers, Lord Wells, nor Lord Moleyns, who are overseas by the king's command. Provided also that this act shall not extend nor be prejudicial to Lords Beauchamp and St Amand who are attending the king's person in the time of his infirmity. Provided also that this act shall not cause any harm, prejudice, burden or charge to the said lords who are thus absent, or to any of them, save only the payment of the said sums or fines; and the said sums are to be applied to the safeguard of your town of Calais, your castle of Guines, and your marches there, and to no other use; this present act to extend only to such lords who have not come, as specified above, for this time, and no longer.
Qua quidem petitione, in parliamento predicto lecta, audita et plenius intellecta, eidem petitioni, de avisamento et assensu predictis, respondebatur sub hiis verbis: Which petition having been read, heard and fully understood in the aforesaid parliament, answer was given to it, with the aforesaid advice and assent, under these words:
Le roy le voet. The king wills it.
Pro mercatoribus stapule Cales'. On behalf of the merchants of the staple of Calais.
47. Item, duodecimo die Aprilis, dicto anno tricesimo secundo, quedam alia petitio exhibita fuit prefato domino regi, in parliamento predicto, per majorem, constabularios, et societatem mercatorum stapule Cales', in hec verba: 47. Item, on 12 April in the said thirty-second year another petition was presented to the aforesaid lord king in the aforesaid parliament by the mayor, constables and fellowship of the merchants of the staple of Calais, in these words:
[p. v-249]
[col. a]
To the kyng our soveraigne lord: please it your highnesse to ordeigne and establissh, by thadvys and assent of the lordes spirituell and temporell, and commons beyng in this your present parlement, and by auctorite of the same, that your chaunceler of Englond for the tyme beyng, may have sufficiant auctorite to do make and delyver, to your humble liege men the maire, constables and feloweship of marchauntes of your staple of Cales', as mony letters and othir warantes, as shal be thought to theim necessaire and behofull, for the repaiement and satisfaction of .x. .m. marcs, to your highnesse by the seid maire, constables and feloweship, for the paiement of the wages of Cales' lent. That is to sey, .v. .m. marcs therof, to be taken of the first halfe and moyte of the second disme, of .ij. hole dismes to your highnesse by the clergie of the province of Caunterbury last graunted, paiable at the fest of Seint Martyn in wynter, that shall be in the yere of Our Lord .mcccclv. ti ; and the other .v. .m. marcs of the second halfe and moyte of the seid second disme, paiable at the fest of Seint Martyn in wynter than next followyng, by the hondes of your collectours of the seid halfes and moytes of disme for the tyme beyng, without eny fee of your seale therof to your use to be taken. And that all grauntes and assignementes to be made by suche lettres patentes, be preferred afore all othir grauntes and assignementes made or to be made uppon eny of the said halfes and moytes aftir the .vi. day of Aprill the yere of Our Lord .mccccliiij. ti . And that all othir grauntes and assignementes made or to be made uppon eny of the seid halfes or moytes, or of eny parcell therof, aftir the seid .vi. day, be not levable nor paiable, unto the tyme that the seid .x. .m. marcs be fully paied and content to the seid maire, constables and feloweship, or to theire successours. And that it be entred in the pele of your receipt, that the seid .x. .m. marcs is money lent to you by the seid maire, constables and feloweship. And that all manere of grauntes and assignementes made to eny persone or persones by lettres patentes or tayll, by way of reward, and not for money lent to you, to be leeved of the dismes last graunted to your highnesse by the clergie of the provincez of Caunterbury and of York; or of the quynzisme, disme, or halfe quynzisme and disme, graunted to you by your commons in this your present parlement, by the seid auctorite, be voide and of none effect: and they shall pray to God for your noble estate. To the king our sovereign lord: may it please your highness to ordain and establish, by the advice and assent of the lords spiritual and temporal and the commons assembled in this your present parliament, and by the authority of the same, that your chancellor of England at the time may have sufficient authority to cause to make and deliver to your humble liegemen the mayor, constables and fellowship of merchants of your staple of Calais as many letters and other warrants as shall be thought necessary and beneficial to them for the repayment and satisfaction of 10,000 marks loaned to your highness by the said mayor, constables and fellowship for the payment of the wages of Calais. That is to say, 5,000 marks of this sum to be taken from the first half and moiety of the second of two whole tenths last granted to your highness by the clergy of the province of Canterbury, payable at Martinmas [11 November] 1455; and the other 5,000 marks from the second half and moiety of the said second tenth payable at Martinmas then next following [11 November 1456] by the hands of your collectors of the said halves and moieties of tenth at the time, without any fee to be taken for the use of your seal thereupon. And that all grants and assignments to be made by such letters patent shall be preferred before all other grants and assignments made or to be made on any of the said halves and moieties after 6 April 1454. And that all other grants and assignments made or to be made on any of the said halves or moieties, or of any part of them, after the said 6th day, shall not be levied or paid until the said 10,000 marks is fully paid and settled with the said mayor, constables and fellowship, or their successors. And that it shall be entered on the pell of your receipt that the said 10,000 marks is money loaned to you by the said mayor, constables and fellowship. And that all manner of grants and assignments made to any person or persons by letters patent or tally, by way of regard, and not for money loaned to you, to be levied from the tenths last granted to your highness by the clergy of the provinces of Canterbury and of York; or from the fifteenth, tenth, or half fifteenth and tenth granted to you by your commons in this your present parliament, by the said authority, shall be void and invalid: and they shall pray to God for your noble estate.
Qua quidem petitione, in parliamento predicto lecta, audita et plenius intellecta, eidem petitioni, de avisamento et assensu predictis, respondebatur sub hiis verbis: Which petition having been read, heard and fully understood in the aforesaid parliament, answer was given to it, with the aforesaid advice and assent, under these words:
Le roy le voet. (fn. v-227-337-1) The king wills it. (fn. v-227-337-1)
[memb. 13]
Pro principe. On behalf of the prince.
48. Memorandum, quod quintodecimo die Martii, anno regni dicti domini regis tricesimo secundo, quedam cedula exhibita fuit in presenti parliamento, pro Edwardo primogenito ipsius domini regis carissimo; cujus tenor sequitur in hec verba: 48. Be it remembered that on 15 March in the thirty-second year of the reign of the said lord king [1454] a schedule was presented in the present parliament on behalf of Edward, the dearest first-born son of the lord king himself; the tenor of which follows in these words:
Rex, archiepiscopis, episcopis, etc. salutem. De serenitate regalis preeminentie, velud ex sole radii, sic inferiores prodiunt principatus, nec regie claritatis integritas de luce lucem proferens, ex lucis distributione immo rate lucis senciat detrimenta, immo tanto magis regale septrum extollitur, et solium regium sublimatur, quanto tribunali suo subsunt proceres eminentie et claritatis. Hec autem consideratio condigna, nos, qui nominis et honoris Edwardi primogeniti nostri carissimi incrementum appetimus, in quo potius nos ipsos conspicimus honorari, et domum nostram regiam, ac subditum [col. b] nobis populum nostrum speramus, per Dei gratiam, sumpta de graciosis suis futuris auspiciis conjectura, honorifice roborari, allicit et inducit, ut ipsum, qui reputatione juris censetur eadem persona nobiscum, digno preveniamus honore et fecunda gratia prosequamur; de consilio itaque et consensu prelatorum, ducum, comitum, vicecomitum, et baronum regni nostri Anglie in presenti parliamento existentium, ipsum Edwardum principem Wallie et comitem Cestr' fecimus et creavimus, facimus et creamus, ac eidem Edwardo, nomen, stilum, titulum, statum, dignitatem et honorem principatus et comitatus eorumdem damus et concedimus, et per cartam nostram confirmavimus, ac ipsum de eisdem principatu et comitatu ut ibidem preficiendum presideat et presidendo dictas partes dirigat et defendat per [certum] in capite, et anulum in digito aureum, ac virgam auream investivimus, juxta morem, habendum sibi et heredibus suis regibus Anglie imperpetuum. Quare volumus et firmiter precipimus, pro nobis et heredibus nostris, quod predictus Edwardus filius noster, habeat nomen, stilum, titulum, statum, dignitatem et honorem principis Wallie, et comitis Cestr' predictorum, sibi et heredibus suis regibus Anglie ut predictum est imperpetuum. Hiis testibus etc. The king to the archbishops, bishops, etc., greeting. Out of the serenity of royal preeminence, like rays from the sun, thus do inferiors become princes, but the integrity of royal glory does not suffer loss of light from the distribution of light; rather, the royal sceptre is raised up and the royal seat elevated by the number of nobles of eminence and glory who support its throne. And this very worthy consideration persuades and induces us - who strive to increase the name and honour of Edward our most beloved firstborn son, in whom we perceive that we ourselves are honoured, and our royal house, and, [col. b] to judge by his gracious future auspices, we hope that our subject people also, by the grace of God, may be honourably fortified - that we should advance him with a worthy honour and adorn him with fruitful grace; therefore by the counsel and consent of the prelates, dukes, earls, viscounts and barons of our realm of England assembled in the present parliament, we have made and granted and we make and create Edward prince of Wales and earl of Chester, and we give and grant and by our charter confirm to the same Edward the rank, style, estate, dignity and honour of the same principality and earldom, and we have invested him by a cap on his head, a gold ring on his finger and a gold stick according to custom, with the same principality and earldom, to be held to him and his heirs kings of England forever, that thus appointed there he may preside, and by presiding govern and defend the said regions. Wherefore we will and firmly command for us and our heirs, that our aforesaid son Edward shall have the name, style, title, estate, dignity and honour of prince of Wales and earl of Chester aforesaid to him and his heirs kings of England as is said above. These being witnesses etc.
Qua quidem cedula, in parliamento predicto lecta, audita et plenius intellecta, prefatus dominus rex, de consilio et consensu dominorum spiritualium et temporalium in parliamento tunc presentium, ac manibus suis propriis nomina sua prout sequntur in eadem cedula intitulantium, concessit omnia et singula in eadem cedula contenta, ac litteras suas patentes inde fieri mandavit. Which schedule having been read, heard and fully understood in the aforesaid parliament, the aforesaid lord king, with the counsel and consent of the lords spiritual and temporal then present in parliament, and recording their names with their own hands in the same schedule as follows, granted each and every thing contained in the same schedule and ordered his letters patent to be made thereupon.
Nomina predictorum dominorum de quibus superius fit mentio: The names of the aforesaid lords of whom mention is made above:
Episcopi.

  • T. London'
  • R. Dunelm'
  • R. Sarum
  • T. Elien'
  • W. Norwicen'
  • J. Lincoln'
  • W. Carliol'.
Bishops.

  • Thomas of London
  • Robert of Durham
  • Richard of Salisbury
  • Thomas of Ely
  • Walter of Norwich
  • John of Lincoln
  • William of Carlisle.
Duces.

  • R. Ebor'
  • H. Buk'.
Dukes.

  • Richard of York
  • Humphrey of Buckingham.
Comites.

  • Jasper Pembr'
  • Warrewyk
  • Oxenford
  • Salisbury
  • Wilteshire.
Earls.

  • Jasper of Pembroke
  • Warwick
  • Oxford
  • Salisbury
  • Wiltshire.
Vicecomites.

  • Beaumont
  • Bourgchier.
Viscounts.

  • Beaumont
  • Bourchier.
Milites.

  • Fauconbergh
  • Wyllughby
  • Stourton.
Knights.

  • Fauconberg
  • Willoughby
  • Stourton.
Declaratio comitis Devon'. The declaration of the earl of Devon.
49. Be hit remembred, that where the .xiiij. day of Marche, the seid .xxxij. e yere, in this present parlement, Thomas erle of Devonshire, uppon an < enditement > of high treasons by hym supposed to bee doon ayenst the kyngs honourable estat and persone, afore Humfrey duc of Buk', steward of Englond for that tyme assigned, was arraigned, and of the same treasons, by his peeres the noble lordes of this royaume of England being in this < seid > present parlement, was acquited of all things conteigned in the seid enditement. By which enditement, the right high and mighty prince Richard duc of York, lieutenant for the kyng in the said parlement, conceyved the trouthe of his alliegeance to bee emblemysshed and disteigned; in the presence of all the lordes aswell spirituell as temporell there being present, anoon forthwith declared hymself of his trouthe to the kyng oure soveraine lord, in manere and fourme followyng: 49. Be it remembered that whereas on 14 March in the said thirty-second year [1454], in this present parliament, Thomas, earl of Devon, on an indictment for high treason supposed to have been committed by him against the king's honourable estate and person, was arraigned before Humphrey, duke of Buckingham, for that time assigned steward of England, and was acquitted of the same treason and of all things contained in the said indictment by his peers the noble lords of this realm of England assembled in this said present parliament. By which indictment the most high and mighty prince Richard, duke of York, lieutenant of the king in the said parliament, believing the sincerity of his loyalty to be tarnished and dishonoured, in the presence of all the lords both spiritual and temporal who were present there, at once and immediately declared himself loyally to the king our sovereign lord, in the following manner and form:
Declaratio ducis Ebor'. The declaration of the duke of York.
My lordes, for somuch as the matere conteigned in the said enditement, toucheth right nygh my worship, [p. v-250][col. a] honestie and trouthe; I say that yit þat so toucheth me is fals and untrewe, and that I am, all the dayes of my lyfe have been, and to thende therof shall be, trewe and humble liegeman to the kyng my moost drad soverain lord, and nevere prively ne apertly thought ne ment the contrary, wherof I call into witenesse God, and all the seintys of heven, and the same have been and am redy to prove, and as a knyght to put my body in devoir ayenst any persone to whom it fitteth me to answere, that wol take uppon hym to leye any charge uppon me of the said matere, or of any other that in any wyse mowe sounde to the blemysshing of my trouthe to my said soveraine lord; desiryng, exhortyng and requiryng you so to take, repute, holde and accepte me, and that my declaration and offre herin ye woll enact tofore < you > of recorde in this present parlement. My lords, considering that the matter contained in the said indictment concerns most closely my honour, [p. v-250][col. a] honesty and allegiance; I say that what it implies about me is false and untrue, and that I am and have been all the days of my life and will be to the end of it a true and humble liegeman to the king my most dread sovereign lord, and that I have never privately nor publicly thought or intended the contrary, for which I call upon God as my witness, and all the saints in heaven. I have been and am ready to prove the same, and as a knight to put my body in challenge against any person to whom it is appropriate for me to answer, who will take upon him to lay any charge of the said matter upon me, or any other that in any way may tend towards the tarnishing of my loyalty to my said sovereign lord; desiring, exhorting and requiring you to take, consider, hold and accept me thus, and that you will have my declaration and offer on this to be enacted on record before you in this present parliament.
Post cujus quidem declarationem factam et auditam, prefati domini tam spirituales quam temporales una voce dixerunt: After this declaration had been made and heard, the aforesaid lords both spiritual and temporal, said with one voice:
We knewe nevere, ner at any tyme cowde conceyve, but < þat ye be and have been true > < and > feithfull liegeman to the kyng oure soverain lord, as hit belongeth to youre astate to bee; and soo we knowe, take, accepte, repute, [...] holde and declare yowe. We never considered nor at any time believed other than that you are and have been a true and faithful liegeman to the king our sovereign lord, as it pertains to your estate to be; and we know, take, accept, consider, hold and declare you thus.
[memb. 12]
Pro comitibus Richemond' et Pembr'. On behalf of the earls of Richmond and Pembroke.
50. Item, quedam alia petitio, cum duabus cedulis eidem annexis, exhibita fuit eidem domino regi, in parliamento predicto, per prefatos communes, pro Edmundo de Hadham comite Richemondie, et Jaspere de Hatfeld comite Pembroch, in hec verba: 50. Item, another petition with two schedules attached to the same were presented to the same lord king in the aforesaid parliament by the aforesaid commons on behalf of Edmund de Hadham, earl of Richmond, and Jasper de Hatfield, earl of Pembroke, in these words:
Excellentissimo ac Cristianissimo principi domino nostro regi, supplicamus cum omni humilitate, nos communitas hujus regni vestri, fidelissimi subditi vestre magestati regie, in presenti parliamento vestro existens; quatinus ante perspicatissimos regie considerationis oculos reducere libeat memoriam dive principis regine Katerine matris vestre, cujus inclitissima recordatione fatemur nos nimium affectos, et eo quam maxime quod formam speciosissimam atque illustrissimam vestre celcitudinis personam regalem in multa tempora super nos, uti summe speramus, in omnibus gloria et honore regnaturam, dono [divinitus] dato generare promeruit; ob quod fateri necesse est, nos amplius quam dici potest efficacissime teneri nedum nobilissimam ejus in evum celebrare memoriam, set et omnem quem reginalis venter ejus produxerat fructum quantum suppetit nostra parvitas magnifacere et omni studio revereri, quatinusque proinde super illustribus et magnificis principibus dominis Edmundo de Hadham, et Jasperi de Hatfeld, ejusdem serenissime domine regine naturalibus et legittimis filiis, non tam quod de illustrissima ejus alvo et regia stirpe recta linea descenderint, et uterini fratres vestri sint, quam quod juxta preclarissimam eorum indolem elegantissime proceritatis fuerint, quorum insuper reliqua nature dona, et dotes, egregia virtutes heroicas ceteraque laudabilioris vite et morum optimorum atque probitatis merita jam notissima vestre serenitati non ambigimus satis cognita fore, dignemini de excellentissima vestre regie celcitudinis magnificentia benignisse considerare, qualiter prefati Edmundus et Jasper, fratres vestri uterini, in legitimo matrimonio, infra regnum vestrum predictum procreati et nati existunt, prout tam vestre serenissime majestati, ac omnibus dominis spiritualibus et temporalibus regni vestri in presenti parliamento existentibus, quam nobis satis constat; et super hoc de affluentissima regie largitatis magnificentia, de avisamento et assensu eorumdem dominorum spiritualium et temporalium, auctoritate ejusdem parliamenti statuere, ordinare, concedere et stabilire, quod prefati Edmundus et Jasper, declarentur vestri fratres uterini, in legitimo matrimonio, infra regnum vestrum predictum procreati et nati, ac indigine regni vestri supradicti, et nedum sic declarentur, [col. b] verum etiam sic auctoritate supradicta realiter et in facto existant, ac sic teneantur, reputentur et habeantur in omnibus et per omnia; sintque ipsi et eorum uterque, ac exitus et heredes utriusque eorum, persone habiles auctoritate supradicta hereditandum hereditamenta et possessiones antecessorum suorum, et ad prosequendum actiones quascumque antecessorias, ut heredes antecessorum suorum, et alias actiones quascumque, in quibuscumque curiis, prout aliquis alius ligeus noster prosequi poterit quovis modo; et quod iidem Edmundus et Jasper, sint persone habiles, ac uterque eorum sit persona habilis, ad perquirenum omnimoda status, gradus et honores, ac terras, tenementa, redditus, officia, hereditamenta et possessiones quecumque, sibi et heredibus suis, ac heredibus utriusque eorumdem, aut in alio statu quocumque, et ad ea sub hac forma habendum et possidendum, eisque gaudendum; et ad essendum de consilio vestro et heredum vestrorum, ac aliorum quorumcumque, eisdem modo et forma prout aliquis ligeus vester, hujusmodi status, gradus, honores, terras, tenementa, redditus, officia, hereditamenta et possessiones sibi et heredibus suis, ac in alio statu quocumque perquirere, ac ea sub hac forma habere et possidere, eisque gaudere, et de consilio vestro et heredum vestrorum, aut aliorum quorumcumque, existere potest quovis modo: et quod nullus alius, ratione aut causa perquisitionis aut possessionis hujusmodi, aliquod jus vel titulum habeat seu haberi possit in eisdem quovis modo; eo quod aliqui antecessorum eorumdem Edmundi et Jasperis, infra dictum regnum vestrum Anglie oriundi, aut indigene Anglici non fuerunt, ac quibuscumque statutis, ordinationibus, restrictionibus, provisionibus sive actibus, ante hec tempora qualitercumque factis, editis seu provisis, aut aliis rebus, causis vel materiis quibuscumque, non obstantibus. Et ulterius vestre placeat regie celsitudini prelibate, quasdam litteras vestras patentes prefatis Edmundo et Jasperi sub magno sigillo vestro separatim confectas, quarum tenores continentur de verbo in verbum in quibusdam cedulis huic petitioni consutis, ac omnia et singula in eisdem litteris specificata et contenta, et adeo libere et integre, sicut unquam ad manus vestras devenerunt, seu in manibus vestris extiterunt, de avisamento et assensu supradictis, et auctoritate supradicta acceptare, approbare, concedere, ratificare et confirmare. Et ulterius, de avisamento et assensu predictis, auctoritate supradicta, concedere eisdem Edmundo et Jasperi, quod ipsi et utriusque eorum heredes, omnia et singula in eisdem litteris specificata et contenta, plene et pacifice habeant, teneant, possideant, excerceant et exequantur, juxta vim, formam et effectum earumdem litterarum. Et ulterius, de avisamento et assensu predictis, auctoritate supradicta, statuere, ordinare, concedere et stabilire, quod littere vestre predicte prefatis Edmundo et Jasperi separatim ut premittitur confecte, ac omnia et singula in eisdem litteris specificata et contenta, sint eisdem Edmundo et Jasperi, ac heredibus suis, et heredibus utriusque eorum hujusmodi, talium vigoris et efficacie et valoris in omnibus et per omnia, qualium essent si littere ille, de avisamento et assensu predictis, auctoritate supradicta, facte extitissent, et non aliorum vigoris efficacie et valoris; non obstante jure, titulo et interesse Margarete regine Anglie precarissime consortis vestre, si que habeat in eisdem. To the most excellent and most Christian prince our lord the king, we the commons of this your realm, most faithful subjects of your royal majesty, in your present parliament assembled; in order that there may be brought before the most perspicacious eyes of royal consideration the memory of the blessed prince, Queen Catherine your mother, by whose most famous memory we confess we are very greatly affected, chiefly because she was worthy to give birth by divine gift to the most handsome form and illustrious royal person of your highness long to reign over us, as we most earnestly hope, in glory and honour in all things; for which it is necessary to acknowledge that we are most effectively bound more fully than can be said not only to celebrate her most noble memory for ever, but also to esteem highly and to honour with all zeal, as much as our insignificance allows, all the fruit which her royal womb produced; considering in the case of the illustrious and magnificent princes, the lords Edmund de Hadham and Jasper de Hatfield, natural and legitimate sons of the same most serene lady the queen, not only that they are descended by right line from her illustrious womb and royal lineage and are your uterine brothers, and also that by their most noble character they are of a most refined nature - their other natural gifts, endowments, excellent and heroic virtues, and other merits of a laudable life and of the best manners and of probity we do not doubt are already sufficiently well known to your serenity - that you deign from the most excellent magnificence of your royal highness to consider most kindly how the aforesaid Edmund and Jasper, your uterine brothers, were begotten and born in lawful matrimony within your realm aforesaid, as is sufficiently well known both to your most serene majesty and to all the lords spiritual and temporal of your realm in the present parliament assembled, and to us; and on this, from the most abundant magnificence of royal generosity, with the advice and assent of the same lords spiritual and temporal, by the authority of the same to decree, ordain, grant and establish that the aforesaid Edmund and Jasper be declared your uterine brothers, conceived and born in a lawful marriage within your aforesaid realm, and denizens of your abovesaid realm, and not yet declared thus, [col. b] truly by the abovesaid authority they shall indeed and in fact also be thus, and they shall be regarded, considered and held thus in all things and for all things; and they themselves and each of them, and the issues and heirs of both of them, shall be, by the abovesaid authority, persons able to inherit the inheritances and possessions of their predecessors, and to prosecute any actions of predecessors as their heirs, and any other actions, in any courts, just as any other liegeman of ours may prosecute in any way; and that the same Edmund and Jasper shall be persons able, and each of them shall be a person able, to purchase all kinds of ranks, offices and honours, and any lands, tenements, rents, offices, inheritances and possessions to them and their heirs, and the heirs of each of them, or in any other estate, and to hold and possess and enjoy the same to them under this form; and to be on your council and of your heirs, and of any others, in the same manner and form as any of our other lieges can hold and possess such ranks, offices, honours, lands, tenements, rents, offices, inheritances and possessions to them and their heirs, and purchase in any other state, and have and possess them under this form, and enjoy them, and be on your council and of your heirs, or of any others in any way: and that no other [person], by reason or cause of such purchase or possession, shall have or be able to have any right or title in the same in any way; notwithstanding that none of the predecessors of the same Edmund and Jasper were born within your said realm of England or were English denizens, and notwithstanding any statutes, ordinances, restrictions, provisions or acts made, published or provided in the past in any way, or any other things, causes or matters whatsoever. And in addition it might please your aforementioned royal highness, by the abovesaid advice and assent and the abovesaid authority, to accept, approve, grant, ratify and confirm your letters patent made separately to the aforesaid Edmund and Jasper under your great seal, the tenors of which are contained word for word in certain schedules sewn to this petition, and each and every thing specified and contained in the same letters, and as freely and completely as they ever came into your hands, or existed in your hands. And in addition, by the aforesaid advice and assent, by the abovesaid authority, to grant to the same Edmund and Jasper that they themselves and the heirs of each of them may fully and peacefully have, hold, possess, exercise and prosecute each and every thing specified and contained in the same letters, according to the force, form and effect of the same letters. And also by the aforesaid advice and assent, by the abovesaid authority, to decree, ordain, grant and establish that your aforesaid letters made separately to the aforesaid Edmund and Jasper, as mentioned above, and each and every thing specified and contained in the same letters, shall have such force and effect and value for the same Edmund and Jasper, and their heirs, and such heirs of each of them, in all things and for all things, as if those letters had been made by the aforesaid advice and assent, by the abovesaid authority, and of no other force, effect and value; notwithstanding the right, title and interest of Margaret, queen of England, your dearest consort, if she has any in the same.
Salvo etiam preposito collegii vestri regalis Beate Marie de Eton juxta Wyndesoram, preposito et scolaribus collegii vestri regalis Beate Marie et Sancti Nicholai de Cantebrigia, et eorum successoribus, ac Jaquetta ducissa Bedford, jure, titulo et interesse suis, et eorum cujuslibet, de et in omnibus et omnimodis castris, villis, maneriis, terris, tenementis, vastis, reversionibus, socis, redditibus, servitiis, ballivis, balliagiis, commotis, visis franciplegii, curiis, mercatis, feriis, feodis militum, advocationibus et patronatibus ecclesiarum, [p. v-251][col. a] franchesiis, libertatibus, wardis, maritagiis, liberis consuetudinibus, releviis, annis, diebus, vastis, wayves, straies, catallis felonum et fugitivorum, ac utlagatorum, retornis brevium, warantum, et aliorum preceptorum et officiariorum quorumcumque, in dictis litteris specificatis et contentis. Et salvo jure, titulo et interesse cujuslibet persone jus, titulum seu interesse habentis in predictis villis, maneriis, terris, tenementis, vastis, reversionibus, socis, redditibus, servitiis, ballivis, balliagiis, commotis, visis franciplegii, curiis, mercatis, feriis, feodis militum, advocationibus et patronatibus ecclesiarum, franchesiis, libertatibus, wardis, maritagiis, liberis consuetudinibus, releviis, annis, diebus, vastis, wayves, strayes, catallis felonum et fugitivorum, ac utlagatorum, returnis brevium, warantum, et aliorum preceptorum et officiariorum quorumcumque, ante primum diem Septembris, anno regni vestri primo. Saving also to the provost of your royal college of St Mary of Eton near Windsor, to the provost and scholars of your royal college of St Mary and St Nicholas of Cambridge, and their successors, and to Jacquetta, duchess of Bedford, the right, title and interest of them, and of any of them, of and in all and in all kinds of castles, towns, manors, lands, tenements, wastes, reversions, sokes, rents, services, bailiwicks, bailliages, commotes, views of frankpledge, courts, markets, fairs, knights' fees, advowsons and the patronage of churches, [p. v-251][col. a] franchises, liberties, wardships, marriages, free customs, reliefs, years, days, wastes, waifs, strays, chattels of felons and of fugitives, and of outlaws, returns of writs, warrants and of any other precepts and offices specified and contained in the said letters. And saving the right, title and interest of every person having right, title or interest in the aforesaid towns, manors, lands, tenements, wastes, reversions, sokes, rents, services, bailiwicks, bailliages, commotes, views of frankpledge, courts, markets, fairs, knights' fees, advowsons and the patronage of churches, franchises, liberties, wardships, marriages, free customs, reliefs, years, days wastes, waifs, strays, chattels of felons and of fugitives, and of outlaws, returns of writs, warrants and of any other precepts and offices [granted] before 1 September in the first year of your reign [1422].
Proviso etiam semper, quod actus predictus non se extendat in prejudicium Ricardi comitis Sarum, nec heredum suorum, de terris seu tenementis aliquibus parcellis dicti comitatus Richemondie, seu parcella ejusdem, sibi per vos datis vel concessis post primum diem anno regni vestri primo; castro et villa de Richemond' cum feodi firma ejusdem ville exceptis et reservatis; nec se extendat in prejudicium aliquarum personarum, pro terris et tenementis parcellis comitatus predicti, sibi per vos datis et concessis, pro aliis terris et tenementis collegiis vestris predictis seu eorum alteri similiter [datis] et concessis. Salvo insuper jure, titulo et interesse cujuslibet persone jus, titulum et interesse habentis in predictis castris, villis, maneriis, terris, tenementis, vastis, revercionibus, socis, servitiis, ballivis, balliagiis, commotis, visis franciplegii, curiis, mercatis, feriis, feodis militum, advocationibus et patronatibus ecclesiarum, franchesiis, libertatibus, wardis, maritagiis, liberis consuetudinibus, releviis, annis diebus vastis, wayves, strayes, catallis felonum et fugitivorum ac utlagatorum, retornis brevium, warantum, et aliorum preceptorum et officiariorum quorumcumque, seu in aliqua parcella earumdem, dictorum comitatum Richemond' et Pembroch', ante primum diem Septembris, dicto anno regni vestri primo, si que habeat in eisdem; nec actus predictus se extendat aut prejudicialis sit alicui alii persone habenti litteras vestras patentes de aliquibus terris et tenementis, libertatibus, advocationibus ecclesiarum, patronatibus, et franchesiis predictis, aut aliqua earum parcella, unde ipsi seu successores sui, aut alii quorum statum ipsi habent in eisdem aliquod jus hereditarium, seu aliud jus, ante dictum primum diem Septembris, dicto anno regni vestri primo, habuit seu habuerit in eisdem. Proviso semper, quod actus predictus non se extendat in prejudicium alicujus persone habentis aliquod officium in aliquo premissorum, cum vadiis et feodis eidem officio ex antiquo debitis et consuetis. Also provided always that the aforesaid act shall not extend itself to the prejudice of Richard, earl of Salisbury, or of his heirs, concerning lands or tenements in any parts of the said earldom of Richmond, or part of the same, given or granted to him by you after the first day in the first year of your reign; excepting and reserving the castle and town of Richmond with the fee-farm of the same town; nor shall it extend itself to the prejudice of any persons for lands and tenements which are part of the aforesaid county given and granted to them by you for other lands and tenements similarly given and granted to your aforesaid colleges or to any of them. Saving in addition the right, title and interest of every person having right, title and interest in the aforesaid castles, towns, manors, lands, tenements, wastes, reversions, sokes, services, bailiwicks, bailliages, commotes, views of frankpledge, courts, markets, fairs, knights' fees, advowsons and the patronage of churches, franchises, liberties, wards, marriages, free customs, reliefs, years, days, wastes, waifs, strays, chattels of felons and of fugitives and of outlaws, returns of writs, warrants, and of any other precepts and offices, or in any part of the same, of the said earldoms of Richmond and Pembroke [granted] before 1 September in the said first year of your reign, if they have such in the same; nor shall the aforesaid act extend or be prejudicial to any other person having your letters patent for any of the aforesaid lands and tenements, liberties, advowsons of churches, patronage and franchises, or any part of the same, in which they themselves or their successors or others have any hereditary right to estate in the same, or had or should have had any right in the same, before the said 1 September in the said first year of your reign. Provided always that the aforesaid act shall not extend itself to the prejudice of any person holding any office in any of the foregoing, with the wages and fees due and accustomed to the same office from of old.
Tenor vero unius cedule cedularum predictarum sequitur in hec verba: The tenor of one schedule out of the aforesaid schedules follows in these words:
Henricus, Dei gratia, rex Anglie et Francie, et dominus Hibernie, archiepiscopis, episcopis, abbatibus, prioribus, ducibus, comitibus, baronibus, justiciariis, vicecomitibus, prepositis, ministris, ac omnibus ballivis et fidelibus suis ad quos presentes littere pervenerint, salutem. Sciatis quod cum juxta sententiam sapientum, salus, tranquillitas et felix regimen rerum publicarum in duarum potentissimum rerum, premii videlicet et pene, recta administratione contineatur; regieque majestati, cui sub Deo ipsius populus juste regendus committitur, ad exemplum divine majestatis, que jus suum cuique tribuens, et sanctos suos in celis juxta merita gloria et honore coronat et malos in jehenna eternis flammis cruciandos detrudit, tam malos penis quam bene meritos premiis condignis afficere conveniat, ut improborum [col. b] videlicet temeritas et audacia justicie gladio repressa in rubore et confusione tabescat, et virtus digne onerata in pace, dignitate et honore letetur; equmque sit et rationi consentanium, in concessione premiorum, honorumque dilatatione, et personarum et meritorum rationem haberi, ipsosque quibus plura majoraque merita suffragantur honore et dignitate ceteris anteferri. [memb. 11] Nos, qui omnes bonos, presertim nostre ditioni et imperio subjectos, sincera affectione et benivolentia complectimur, premissa ac etiam preclaram indolem, egregia nature dona, viteque ac morum honestatem, aliaque laudabilia probitatis et virtutum merita, quibus sincere nobis dilectum Edmundum de Hadham, fratrem nostrum uterinum, tam familiari experientia, quam multorum testimonio fidedignorum multipliciter insigniri percepimus, et inter cetera ipsius qui ex illustri domo regia linea recta descendit generis nobilitatem sanguinisque propinquitatem qua nos attinet debita consideratione perpendentes; ac ipsum, premissorum meritorum suorum intuitu, singulari gratia, favore et benivolentia prosequentes, dignumque arbitrantes, ut cum cotidie de se meliora virtutis et probitatis edat experimenta, nostra simul erga eum juxta incrementa virtutum suarum augeatur simul et crescat affectio; ipsumque, quem natura virtutis et regius sanguis nobilitarunt, nos quoque civilis nobilitatis titulo, alicujusque specialis honoris prerogativa et illustris dignitatis infulis decoremus, eundem Edmundum fratrem nostrum ut premittitur uterinum, motu proprio, non ad ipsius vel alterius pro eo nobis in hac parte oblate petitionis instantiam, set de nostra mera liberalitate, in comitem Richemondie alias de Richemond' ereximus atque erigimus, ipsum comitem Richemondie alias de Richemond prefecimus, ordinavimus et creavimus, preficimusque ordinamus et creamus, ac per accinctionem gladii ceterorumque insignium et ornamentorum in hac parte convenientium, atque harum litterarum nostrarum traditionem sibi presentialiter factam, investuimus prout investimus, in et de statu et dignitate comitis hujusmodi; eidemque Edmundo totum comitatum, nomenque et titulum comitis Richemondie alias de Richemond', omnes et omnimodos stilum, gradum, sedem, honorem et preeminentiam, ad statum et dignitatem comitis quomodilibet pertinentes et spectantes, dedimus et concessimus, damusque et concedimus per presentes. Henry by the grace of God king of England and France and lord of Ireland to the archbishops, bishops, abbots, priors, dukes, earls, barons, justices, sheriffs, reeves, officials, and all his bailiffs and faithful men to whom the present letters shall come, greeting. Know that, whereas according to the opinion of the wise, the safekeeping, tranquillity and good government of the state is contained in two most powerful things, to wit, reward and punishment, and that it befits the royal majesty - to which, under God, the people are committed to be ruled justly, in emulation of divine majesty, which, giving to each man his right, both crowns His saints in heaven with glory and honour according to their merits and thrusts the evil down into Hell to be tormented by eternal flames - to affect both the evil with fitting punishments and the well-deserving with fitting rewards, that is to say, so that [col. b] the rashness and audacity of the wicked may languish in disgrace and confusion, having been restrained by the sword of justice, and that virtue, having been suitably rewarded, may rejoice in peace, dignity and honour; and that it may be right and consistent with reason, in the granting of rewards and distribution of honours, that account be taken of persons and merits, and that those who are supported by more and greater merits be preferred over the rest in honour and dignity. [memb. 11] We, who embrace with sincere affection and goodwill all good men, especially the subjects of our power and rule, weighing with due consideration the foregoing and also the noble qualities, the exceptional natural gifts and the honourable reputation and manners and the other laudable merits of the probity and virtues with which we have in many ways perceived, both by our own experience and by the testimony of many faithful men, our sincerely beloved Edmund de Hadham, our uterine brother, to be distinguished, and among other things [considering] the nobility of birth and proximity in blood by which he is related to us as someone who is descended by right line from the illustrious royal house; and, moved by his foregoing merits, honouring him with singular grace, favour and benevolence, and thinking it right that, as he every day produces better examples of virtue and probity, our affection towards him should at the same time expand and grow according to the increase of his virtues, and that we also should adorn him, whom the nature of virtue and the royal blood have ennobled, with a title of civil nobility, the sign of a special honour, and the emblems of illustrious dignity, we have promoted, and do promote, by our own will, not at the instance of any petition of his or of another's presented to us in this regard, but simply from our own generosity, the same Edmund, our uterine brother as aforesaid, as earl of Richmond alias de Richemond, we have appointed, ordained and created, and do appoint, ordain and create, him earl of Richmond alias de Richemond, and by the girding of a sword and of other appropriate insignia and ornaments in this regard, and by the present handing over to him of these our letters, we have invested and do invest [him] in and with the estate and dignity of such an earl; and we have given and granted, and we give and grant by these present letters to the same Edmund all the earldom and the name and title of earl of Richmond alias de Richemond, each and every kind of style, degree, seat, honour and preeminence pertaining and belonging in any way to the estate and dignity of earl.
51. Voluimus insuper atque concessimus, prout etiam volumus atque per easdem litteras nostras concedimus prefato Edmundo, quod ipse in singulis parliamentis, conciliis, congregationibus et aliis locis quibuscumque, tam in presentia nostra quam alibi, habeat et optineat locum, sessionem et sedem, immediate et prox[imo] post loca, sessiones et sedes ducum regni nostri Anglie. Et quod idem Edmundus, pre et ante comites et alios quoscumque sub statu et honore ducum ejusdem regni nostri, in honore, dignitate et preeminentia locoque cessione atque sede preferratur: et ut idem Edmundus frater noster uterinus statum, honorem et dignitatem suos hujusmodi commodius et honorificentius teneri et sustentari valeat; nos ulterius, de gratia nostra speciali, et ex certa scientia et mero motu nostris, dedimus et concessimus, prout damus et concedimus per presentes ipsi Edmundo, totum comitatum, honorem et dominium Richemondie alias de Richemond', necnon omnia et omnimoda castra, villas, dominia, maneria, terras, tenementa, possessiones, membra, vasta, reversiones, firmas, redditus, servitia, socas, ballivos, balliagia, hundreda, commota, turnos vicecomitum, visis franciplegii, curias, mercata et ferias, una cum feodis militum, advocationibus et patronatibus abbaciarum, prioratuum, cantariarum, collegiorum, ecclesiarum et capellarum quorumcumque, dictorum comitatus, honoris sive dominii parcellis sive pertinentiis, aut eidem comitatui, honori sive dominio aliquo tempore quovis modo pertinentibus, ac cum franchesiis, libertatibus, liberis consuetudinibus, [p. v-252][col. a] wardis, maritagiis, releviis, sectis, escaetis, annis, diebus et vastis, wayves, strayes, bonis et catallis felonum et fugitivorum, ac utlagatorum quorumcumque, necnon redditibus, servitiis, reversionibus, returnis brevium, warantum et preceptorum quorumcumque, et executionibus eorumdem, et aliis proficuis et commoditatibus quibuscumque, prout aliquis alius dictos comitatum, honorem et dominium, aut aliquam parcellam eorumdem, aliquo tempore ante hec tempora habuit sive excercuit; ac insuper firmas et redditus, sive firmam et redditum quas, quos, quam, vel quem alique persone, sive aliqua persona, nobis de seu pro custodia premissorum vel alicujus inde parcelle, per nos aut aliquem progenitorum nostrorum hujusmodi persone sive personis ad terminum vite vel annorum vel aliter qualitercumque concessa vel commissa, reddere debent seu debet, una cum reversionibus eorumdem cum acciderint. Habendum et tenendum comitatus, nomen, titulum, stilum, gradum, locum, sessionem, sedem et honorem, ac preeminentiam predicta, ac comitatum, honorem, dominium Richemondie alias de Richemond supradicta, cum ceteris omnibus et singulis premissis, de nobis, heredibus et successoribus nostris, prefato Edmundo fratri nostro uterino, et heredibus suis masculis de corpore suo legitime procreatis, a festo Sancti Michaelis archangeli ultimo preterito ante datam presentium, per servitia inde debita et de jure consueta imperpetuum. Concedimus insuper dicto fratri nostro, quod nec ipse nec heredes sui, ad reddendum nobis seu heredibus nostris compotum aliquem seu ad respondendum nobis de aliquibus exitibus, proficuis sive reversionibus dictorum comitatus, castrorum, maneriorum, dominiorum et ceterorum premissorum, aut alicujus eorumdem, quovis modo onerentur, compellantur, oneretur neque compellatur; set ab omni compoto et aliis inde oneribus quibuscumque, versus nos et heredes nostros sint quieti et exonerati, quietus et exoneratus imperpetuum. Et quod cancellarius noster Anglie ac custos privati sigilli nostri pro tempore existentes, tot et tanta brevia et waranta quot et quanta de et super et pro premissis pro benivolentia et expeditione predicti Edmundi et heredum suorum in hac parte fore viderint necessaria et oportuna, brevia et waranta illa, de tempore in tempus, quando et quotienscumque ex parte dicti fratris nostri uterini et heredum suorum rationabiliter fuerint requisiti, fieri faciant indilate. Et nos, heredes et successores nostri, dictos comitatum, honorem et dominium Richemondie alias de Richemond', cum ceteris premissis, supradicto Edmundo et heredibus suis predictis contra omnes gentes warantizabimus et defendemus; eo quod expressa mentio de vero valore annuo seu quovis alio valore premissorum, seu alicujus eorumdem, aut de aliis donis et concessionibus prefato Edmundo per nos ante hec tempora factis, in presentibus factis non existit, aut aliquibus statutis, ordinationibus, provisionibus, restrictionibus, sive alia re, causa vel materia quacumque in contrarium factis, non obstantibus. Hiis testibus, venerabilibus patribus J. cardinale et Cantuar' totius Anglie primate, cancellario nostro, et W. Ebor' Anglie primate, archiepiscopis; Th. London', et W. Wynton', episcopis; ac carissimis consanguineis nostris Humfrido Bukyngh', et Edmundo Somers', ducibus; ac Jacobo Wiltes', et Johanne Wygorn' thesaurario nostro Anglie, comitibus; necnon dilectis et fidelibus nostris Johanne de Beaumont camerario nostro Anglie, et Johanne de Lysle, vicecomitibus; ac Roberto Hungerford de Moleyns, et Johanne Stourton de Stourton thesaurario hospitii nostri, et aliis. Datum per manum nostram apud Redyng, sexto die Martii, anno regni nostri tricesimo primo. 51. We have willed and granted in addition, just as we also will and grant by our same letters to the aforesaid Edmund, that he shall have and occupy in every parliament, council, assembly and any other places both in our presence and elsewhere the place, sitting-place and seat immediately and next after the places, sitting-places and seats of the dukes of our realm of England. And that the same Edmund shall be preferred in front of and before the earls and any others below the rank and honour of duke of our same realm in honour, dignity and preeminence and in place, sitting-place and seat: and that the same Edmund our uterine brother shall hold and support his rank, honour and dignity of this kind appropriately and honourably; moreover we have given and granted from our special grace and from our certain knowledge and own volition, just as we give and grant by the present letters to Edmund himself, all the earldom, honour and lordship of Richmond alias de Richemond, and also all and all kinds of castles, towns, lordships, manors, lands, tenements, possessions, members, wastes, reversions, farms, rents, services, sokes, bailiwicks, bailliages, hundreds, commotes, sheriffs' tourns, views of frankpledge, courts, markets and fairs, together with knights' fees, advowsons and the patronage of any abbeys, priories, chantries, colleges, churches and chapels whatsoever which are part of, or are pertaining to the said earldom, honour or lordship or appurtenances at any time in any way, and with any franchises, liberties, free customs, [p. v-252][col. a] wardships, marriages, reliefs, suits, escheats, years, days and waste, waifs, strays, goods and chattels of felons and of fugitives and of outlaws whatsoever, and also rents, services, reversions, returns of any writs, warrants and precepts whatsoever, and the execution of the same, and any other profits and commodities, just as any other person has had or exercised in the said earldom, honour and lordship or any part of the same at any time in the past; and in addition the farms and rents or the farm and rent which, or which to any person or by any person, were granted or committed by us for or concerning the keeping of the foregoing or any part of them, by us or any of our progenitors to such a person or persons for a term of life or of years or otherwise in any way, for which they or he ought to pay, together with the reversions of the same as they fall due. To have and to hold the aforesaid earldom, name, title, style, rank, place, sitting-place, seat and honour and preeminenence, and the abovesaid earldom, honour [and] lordship of Richmond alias de Richemond, with each and every one of the other things aforementioned of us, our heirs and successors, to the aforesaid Edmund our uterine brother and his male heirs legitimately begotten of his body from Michaelmas last past before the date of the present letters, by services due and lawfully accustomed thereupon forever. We also grant to our said brother that neither he himself nor his heirs shall be bound or compelled in any way to render any account to us or to our heirs or to answer to us for any issues, profits or reversions of the said earldom, castles, manors, lordships and the other aforementioned things, or any of them; but they shall be quit and discharged forever from all account and any other charges thereupon towards us and our heirs. And that our chancellor of England and the keeper of our privy seal at the time shall cause as many and such writs and warrants to be made without delay for, on and concerning the foregoing as will seem to be necessary and needful for the benefit and profit of the aforesaid Edmund and his heirs in this regard whenever and as often as those writs and warrants will have been requested on behalf of our said uterine brother and his heirs. And we, our heirs and successors will warrant and defend the said earldom, honour and lordship of Richmond alias de Richemond, with the other aforementioned things, to the abovesaid Edmund and his aforesaid heirs against all men; notwithstanding that express mention of the true annual value or any other value of the foregoing, or of any of the same, or of any gifts or grants made by us to the aforesaid Edmund in the past, is not made in the present letters, or any other statutes, ordinances, provisions, restrictions, or other thing, cause or matter whatsoever made to the contrary. These being witnesses: the venerable fathers John, cardinal and archbishop of Canterbury, primate of all England, our chancellor, and William, archbishop of York, primate of England; Thomas, bishop of London and William, bishop of Winchester; and our dearest kinsman Humphrey, duke of Buckingham, and Edmund, duke of Somerset; and James, earl of Wiltshire, and John, earl of Worcester, our treasurer of England; and also our dear and faithful John de Beaumont, our chamberlain of England, and John de Lisle, viscounts; and Robert Hungerford, [Lord] Moleyns, and John Stourton, [Lord] Stourton, the treasurer of our household, and others. Given by our hand at Reading, 6 March, in the thirty-first year of our reign [1453].
52. Tenor vero alterius cedule cedularum predictarum sequitur in hec verba: 52. The tenor of the other schedule of the aforesaid schedules follows in these words:
[col. b]
Henricus, Dei gratia, rex Anglie et Francie, et dominus Hibernie, archiepiscopis, episcopis, abbatibus, prioribus, ducibus, comitibus, baronibus, justiciariis, vicecomitibus, prepositis, ministris, ac omnibus ballivis et fidelibus suis ad quos presentes littere pervenerint, salutem. Sciatis, quod cum juxta sententiam sapientum, salus, tranquillitas et felix regimen rerum publicarum in duarum potentissimum rerum, premii videlicet et pene, recta administratione contineatur; regieque magestati, cui sub Deo ipsius populus juste regendus committitur, ad exemplum divine magestatis, que jus suum cuique tribuens, et sanctos suos in celis juxta merita gloria et honore coronat et malos in jehenna eternis flammis cruciandos detrudit, tam malos penis quam bene meritos premiis condignis afficere conveniat, ut improborum videlicet temeritas et audacia justicie gladio repressa in rubore et confusione tabescat, et virtus digne honorata in pace, dignitate et honore letetur; equmque sit et ratione concentanium, in concessione premiorum, honorumque dilatione, et personarum et personarum et meritorum rationem haberi, ipsosque quibus plura majoraque merita suffragantur honore et dignitate ceteris [memb. 11] anteferri. Nos, qui omnes bonos, presertim nostre ditioni et imperio subjectos, sincera affectione et benevolentia complectimur, premissa ac etiam preclaram indolem, egregia nature dona, viteque ac morum honestatem, aliaque laudabilia probitatis et virtutum merita, quibus sincere nobis dilectum Jasperem de Hatfeld, fratrem nostrum uterinum, tam familiari experientia, quam multorum testimonio fidedignorum multipliciter insigniri percepimus, et inter cetera ipsius qui ex illustri domo regia linea recta discendit generis nobilitatem sanguinisque propinquitatem qua nos attinet debita consideratione perpendentes; ac ipsum, premissorum meritorum suorum intuitu, singulari gratia, favore et benevolentia prosequentes, dignumque arbitrantes, ut cum cotidie de se meliora virtutis et probitatis edat experimenta, nostra simul erga eum juxta incrementa virtutum suarum augeatur simul et crescat affectio; ipsumque, quem natura, virtus et regius sanguis nobilitarunt, nos quoque civilis nobilitatis titulo, alicujusque specialis honoris prerogativa et illustris dignitatis infulis decoremus, eundem Jasperem fratrem nostrum ut premittitur uterinum, motu proprio, non ad ipsius vel alterius pro eo nobis super hoc oblate petitionis instantiam, set de nostra mera liberalitate, in comitem Pembrochie alias de Pembrok ereximus atque eregimus, ipsumque comitem Pembrochie alias de Pembrok prefecimus, ordinavimus et creavimus, preficimusque ordinamus et creamus, ac per accinctionem gladii ceterorumque insignium et ornamentorum in hac parte convenientium, atque harum litterarum nostrarum traditionem sibi presentialiter factam, investuimus prout investimus, in et de statu et dignitate comitis hujusmodi; eidemque Jasperi totum comitatum, nomenque et titulum comitis Pembrochie alias de Pembrok, atque omnes et omnimodos stilum, gradum, sedem, honorem et preeminentiam, ad statum et dignitatem comitis quomodolibet pertinentes et spectantes, dedimus et concessimus, damus et concedimus per presentes. Voluimus insuper atque concessimus, prout etiam volumus atque per easdem litteras nostras concessimus prefato Jasperi, quod ipse in singulis parliamentis, consiliis, congregationibus et aliis locis quibuscumque, tam in presentia nostra quam alibi, habeat et optineat locum, sessionem et sedem, immediate et proximo post locum, sessionem et sedem carissimi fratris nostri uterini Edmundi de Hadham comitis Richemondie alias de Richemond', fratris sui senioris, et heredum suorum masculorum: ita quod post dictum Edmundum, et heredes suos masculos, ceteris comitibus et aliis quibuscumque sub statu et honore ducum regni nostri Anglie, in honore, dignitate, preeminentia, locoque, cessione atque sede preferatur. [p. v-253][col. a] Et ut idem Jasper frater noster uterinus, statum, honorem et dignitatem suos hujusmodi commodius et honorificentius teneri et sustentari valeat; nos ulterius, de gratia nostra speciali, et ex certa scientia et mero motu nostris, dedimus et concessimus, prout damus atque concedimus per presentes ipsi Jasperi, totum com[itatum], honorem et dominium Pembrochie alias de Pembroke, necnon omnia et omnimoda castra, villas, dominia, maneria, terras, tenementa, possessiones, membra, vasta, reversiones, firmas, redditus, servitia, socas, ballivos, balliagia, hundreda, commota, turnos vicecomitum, visis franciplegii, curias, mercata et ferias, una cum feodis militum, advocationibus et patronatibus abbatiarum, prioratuum, canteriarum, collegiorum, ecclesiarum et capellarum quorumcumque, dictorum comitatis, honoris sive dominii parcellis sive membris, aut eidem comitatui, honori sive dominio, aliquo tempore quovis modo pertinentibus, ac cum franchesiis, liberatatibus, liberis consuetudinibus, wardis, maritagiis, releviis, sectis, escaetis, annis, diebus et vastis, wayves, strayes, bonis et catallis felonum et fugitivorum, ac utlagatorum quorumcumque, necnon redditibus, serviciis, reversionibus, retornis brevium, warentum et preceptorum quorumcumque, et executionibus eorumdem, et aliis proficuis et commoditatibus quibuscumque, prout aliquis alius dictos comitatum, honorem et dominium, aut aliquam parcellam earumdem, aliquo modo ante hec tempora habuit sive excercuit; ac insuper firmas et redditus, sive firmam et redditum, quas, quos, quam vel quem alique persone sive aliqua persona nobis, de seu pro custodia premissorum, vel alicujus inde parcelle, per nos, aut aliquem progenitorum nostrorum, hujusmodi personis sive persone ad terminum vite vel annorum, vel aliter qualitercumque concessa vel commissa, reddere debent seu debet; una cum reversionibus eorumdem cum acciderint. Habendum et tenendum comitatus nomen, titulum, stilum, gradum, locum, sessionem, sedem et honorem, ac preeminentiam predicta, ac comitatum, honorem et dominium Pembrochie alias de Pembroke supradicta, cum ceteris omnibus et singulis premissis, de nobis, heredibus et successoribus nostris, prefato Jasperi fratri nostro uterino, et heredibus suis masculis de corpore suo legitime procreatis, a festo Sancti Michaelis archangeli ultimo preterito ante datam presentium, per servitia inde debita et de jure consueta, imperpetuum. Concedimus insuper dicto fratri nostro, quod nec ipse, nec heredes sui, ad reddendum nobis seu heredibus nostris compotum aliquem, seu ad respondendum nobis de aliquibus exitibus, proficuis sive reversionibus dictorum comitatus, castrorum, maneriorum, dominiorum, et ceterorum premissorum, aut alicujus eorumdem, quovis modo onerentur, compellantur, oneretur neque compellatur; set ab omni compoto et aliis inde oneribus quibuscumque versus nos et heredes nostros sint quieti et exonerati, quietus et exoneratus imperpetuum. Et quod cancellarius noster Anglie, ac custos privati sigilli nostri pro tempore existentes, tot et tanta brevia et waranta, quot et quanta de, super et pro premissis pro benevolentia et expeditione predicti Jasperis et heredum suorum in hac parte fore viderint necessaria et oportuna, brevia et waranta illa de tempore in tempus quando et quotienscumque ex parte dicti fratris nostris uterini et heredum suorum rationabiliter fuerint requisiti, fieri faciant indilate. Et nos, heredes et successores nostri, dictos com[itatum] honorem et dominium Pembrochie alias de Pembrok, cum ceteris premissis, supradicto Jasperi et heredibus suis supradictis, contra omnes gentes warantizabimus et defendemus; eo quod expressa mentio de vero valore annuo, seu quovis alio premissorum, seu alicujus eorumdem, aut de aliis donis et concessionibus prefato Jasperi per nos ante hec tempora factis, in presentibus factis non existit, aut aliquibus statutis, ordinationibus, provisionibus, restrictionibus, sive alia re, causa vel materia quacumque in contrarium factis, non obstant[ibus]. [col. b] Hiis testibus, venerabilibus patribus J. cardinale et Cantuar' totius Anglie primate cancellario < nostro, > et W. Ebor' Anglie primate, archiepiscopis; Th. London', et W. Wynton', episcopis; ac carissimis consanguineis nostris Humfrido Bukyngh', et Edmundo Somers', ducibus; ac Jacobo Wiltes', et Johanne Wygorn' thesaurario nostro Anglie, comitibus; necnon dilectis et fidelibus nostris Johanne de Beaumont camerario nostro Anglie, et Johanne de Lysle, vicecomitibus; ac Roberto Hungerford de Moleyns, et Johanne Stourton de Stourton, thesaurario hospitii nostri, et aliis. Datum per manum nostram, apud Redyng, sexto die Martii, anno regni nostri tricesimo primo. Henry by the grace of God king of England and France and lord of Ireland to the archbishops, bishops, abbots, priors, dukes, earls, barons, justices, sheriffs, reeves, officials, and all his bailiffs and faithful men to whom the present letters shall come, greeting. Know that, whereas according to the opinion of the wise, the safekeeping, tranquillity and good government of the state is contained in two most powerful things, to wit, reward and punishment, and that it befits the royal majesty - to which, under God, the people are committed to be ruled justly, in emulation of divine majesty, which, giving to each man his right, both crowns His saints in heaven with glory and honour according to their merits and thrusts the evil down into Hell to be tormented by eternal flames - to affect both the evil with fitting punishments and the well-deserving with fitting rewards that is to say, so that the rashness and audacity of the wicked may languish in disgrace and confusion, having been restrained by the sword of justice, and that virtue, having been suitably rewarded, may rejoice in peace, dignity and honour; and that it may be right and consistent with reason, in the granting of rewards and distribution of honours, that account be taken of persons and merits, and that those who are supported by more and greater merits be preferred over the rest in honour and dignity. [memb. 11] We, who embrace with sincere affection and goodwill all good men, especially the subjects of our power and rule, weighing with due consideration the foregoing and also the noble qualities, the exceptional natural gifts and the honourable reputation and manners and the other laudable merits of the probity and virtues with which we have in many ways perceived, both by our own experience and by the testimony of many faithful men, our sincerely beloved Jasper de Hatfield, our uterine brother, to be distinguished, and among other things [considering] the nobility of birth and proximity in blood by which he is related to us as someone who is descended by right line from the illustrious royal house; and, moved by his foregoing merits, honouring him with singular grace, favour and benevolence, and thinking it right that, as he every day produces better examples of virtue and probity, our affection towards him should at the same time expand and grow according to the increase of his virtues, and that we also should adorn him, whom the nature of virtue and the royal blood have ennobled, with a title of civil nobility, the sign of a special honour, and the emblems of illustrious dignity, we have promoted, and do promote, by our own will, not at the instance of any petition of his or of another's presented to us in this regard, but simply from our own generosity, the same Jasper, our uterine brother as aforesaid, as earl of Pembroke alias de Pembroke, we have appointed, ordained and created, and do appoint, ordain and create, him earl of Pembroke alias de Pembroke, and by the girding of a sword and of the other appropriate insignia and ornaments in this regard, and by the present handing over to him of these our letters, we have invested and do invest [him] in and with the estate and dignity of such an earl; and we have given and granted, and we give and grant by these present letters to the same Jasper all the earldom, and the name and title of earl of Pembroke alias de Pembroke, each and every kind of style, degree, seat, honour and preeminence pertaining and belonging in any way to the rank and dignity of earl. We have willed and granted in addition, just as we also will and grant by our same letters to the aforesaid Jasper, that he shall have and occupy in every parliament, council, assembly and any other places both in our presence and elsewhere the place, sitting-place and seat immediately after and next to the place, sitting-place and seat of our dearest uterine brother Edmund de Hadham, earl of Richmond, alias de Richmond, his elder brother, and of his male heirs: so that the same Edmund and his male heirs shall be preferred [in front of and before] the other earls and any others below the rank and honour of duke of our realm of England in honour, dignity and preeminence and in place, sitting-place and seat. [p. v-253][col. a] And that the same Jasper our uterine brother shall hold and support his rank, honour and dignity of this kind appropriately and honourably; moreover we have given and granted from our special grace and from our certain knowledge and own volition, just as we give and grant by the present letters to Jasper himself, all the earldom, honour and lordship of Pembroke alias de Pembroke, and also all and all kinds of castles, towns, lordships, manors, lands, tenements, possessions, members, wastes, reversions, farms, rents, services, sokes, bailiwicks, bailliages, hundreds, commotes, sheriffs' tourns, views of frankpledge, courts, markets and fairs, together with knights' fees, advowsons and the patronage of any abbeys, priories, chantries, colleges, churches and chapels which are part of or are pertaining to the said earldom, honour or lordship or appurtenances at any time in any way, and with any franchises, liberties, free customs, wardships, marriages, reliefs, suits, escheats, years, days and waste, waifs, strays, goods and chattels of felons and of fugitives and of outlaws whatsoever, and also rents, services, reversions, returns of any writs, warrants and precepts whatsoever, and the execution of the same, and any other profits and commodities, just as any other person has had or exercised in the said earldom, honour and lordship or any part of the same at any time in the past; and in addition the farms and rents or the farm and rent which, or which to any person or by any person, were granted or committed by us for or concerning the keeping of the foregoing or any part of them, by us or any of our progenitors to such a person or persons for a term of life or of years or otherwise in any way, for which they or he ought to pay, together with the reversions of the same as they fall due. To have and to hold the aforesaid earldom, name, title, style, rank, place, sitting-place, seat and honour and preeminenence, and the abovesaid earldom, honour and lordship of Pembroke alias de Pembroke, with each and every one of the other things aforementioned of us, our heirs and successors, to the aforesaid Jasper our uterine brother and his male heirs legitimately begotten of his body from Michaelmas last past before the date of the present letters, by services due and lawfully accustomed thereupon forever. We also grant to our said brother that neither he himself nor his heirs shall be bound or compelled in any way to render any account to us or to our heirs or to answer to us for any issues, profits or reversions of the said earldom, castles, manors, lordships and the other aforementioned things, or any of them; but they shall be quit and discharged forever from all account and any other charges thereupon towards us and our heirs. And that our chancellor of England and the keeper of our privy seal at the time shall cause as many and such writs and warrants to be made without delay for, on and concerning the foregoing as will seem to be necessary and needful for the benefit and profit of the aforesaid Jasper and his heirs in this regard whenever and as often as those writs and warrants will have been requested on behalf of our said uterine brother and his heirs. And we, our heirs and successors will warrant and defend the said earldom, honour and lordship of Pembroke alias de Pembroke, with the other aforementioned things, to the abovesaid Jasper and his aforesaid heirs against all men; notwithstanding that express mention of the true annual value or any other [value] of the foregoing, or of any of the same, or of any gifts or grants made by us to the aforesaid Jasper in the past, is not made in the present letters, or any other statutes, ordinances, provisions, restrictions, or other thing, cause or matter whatsoever made to the contrary. [col. b] These being witnesses: the venerable fathers John, cardinal and archbishop of Canterbury, primate of all England, our chancellor, and William, archbishop of York, primate of England; Thomas, bishop of London and William, bishop of Winchester; and our dearest kinsman Humphrey, duke of Buckingham, and Edmund, duke of Somerset; and James, earl of Wiltshire, and John, earl of Worcester, our treasurer of England; and also our dear and faithful John de Beaumont, our chamberlain of England, and John de Lisle, viscounts; and Robert Hungerford, [Lord] Moleyns, and John Stourton, [Lord] Stourton, the treasurer of our household, and others. Given by our hand at Reading, 6 March, in the thirty-first year of our reign [1453].
[editorial note: Responsio.] [editorial note: Answer.]
Quibus quidem petitione et cedulis, in parliamento predicto lectis, auditis et plenius intellectis, per dictum dominum regem, de avisamento et assensu dominorum spiritualium et temporalium in dicto parliamento existentium, ac ad supplicationem communitatis predicte, responsum fuit eisdem in forma subsequenti: Which petition and schedule having been read, heard and fully understood in the aforesaid parliament it was answered to the same by the said lord king, with the advice and assent of the lords spiritual and temporal assembled in the said parliament, and at the supplication of the aforesaid commons, in the following form:
Fiat prout petitur. Provided always, that this present acte extende not nor be in eny wyse prejudiciall to John thabbot of Saynt Albones, to the covent of the same place, nor to thaire successours, for the priory aliene of Seint Nicholas of Pembrok with thappurtenaunce, which with the licence of our soveraigne lord that nowe is, was yeve into the seid house by Humfrey late duk of Gloucestr', to pray perpetuelly for his sowele. Provided also, that this acte be not prejudiciall ne hurt to eny leese, graunt or dymyse, made to Gervays Clyfton, John Scot, and Thomas Syngleton, or to tweyn of theim, or to eny of theim, of eny lordship or parcell of the erledome of Rychemond, nor to eny assignement made unto the most reverent fader in God John cardinall archebisshop of Caunterbury, by what name he be called in the seid assignement. (fn. v-227-382-1) Let it be done as it is desired. Provided always that this present act shall not extend or be prejudicial in any way to John, the abbot of St Albans, to the convent of the same place, or to their successors, as regards the alien priory of St Nicholas of Pembroke with its appurtenances which, by the licence of our present sovereign lord, was given to the said house by Humphrey, late duke of Gloucester to pray for his soul forever. Provided also that this act shall not be prejudicial nor cause harm to any lease, grant or demise made to Gervais Clifton, John Scot and Thomas Singleton, or to two of them, or to any of them, of any lordship or part of the earldom of Richmond, nor to any assignment made to the most reverend father in God John cardinal archbishop of Canterbury by any name he is called in the said assignment. (fn. v-227-382-1)
Pro comite Richemond'. On behalf of the earl of Richmond.
53. Item, quedam alia petitio exhibita fuit eidem domino regi, in parliamento predicto, per Edmundum comitem Richemondie, sub eo qui sequitur tenore: 53. Item, another petition was presented to the same lord king in the aforesaid parliament by Edmund, earl of Richmond, under that tenor which follows:
To the kyng our soveraigne lord: pleas hit your highnesse of your most noble and haboundant grace, to yeve and graunte by thassent of your lordes spirituell and temporell, and of your communes, in this your present parlement assembled, and by auctorite of the same, to Edmond erle of Richemound othirwyse called Richemond, the manoir and lordship of Kendale, and the manoir and lordship of Weresdale, with all ther apportenaunces in your countes of Lancastr', Westmerland' and Yorke shire; and all othir landes, tenementez, rentez, service and reversions, with thappurtenaunces, the which by and aftir the deth of your uncle John late duk of Bedford', whom God pardon, unto your highnesse in eny wyse come, reverted or discended, in the said countees or eny of thaim, with all the knyght fees, wardes, mariages, releves, eschetes, advowesons, nominations of abbays, prioryes, hospitals, chirches, chapels, chaunteries, and or of all othir benefices of eny chirche, warennes, fisshynges, comons, courtes, viewes of fraunciplege, fraunchises, libertees, fynes, amerciamentes, godes and catelx of felons and fugitives, or outlawed persones, with all othir profittes and commoditees, in lyke manere and fourme as the seid late duk of Bedford had or ought to have had in the seid countees, or eny of theim; to have and to hold the seid maners, lordships, londes, tenementes, rentes, services and reversions, with all the othir premisses, to the seid Edmond and to his heires of his body lawefully commyng, to holde of you and your heires by feaute alonly, in lyke wyse charged as they were at day of the [p. v-254][col. a] deth of the seid late duk of Bedford, and none othirwyse. To the king our sovereign lord: may it please your highness from your most noble and abundant grace to give and grant by the assent of your lords spiritual and temporal and of your commons assembled in this your present parliament, and by the authority of the same, to Edmund, earl of Richmond, otherwise called Richemond, the manor and lordship of Kendal, and the manor and lordship of ?Weresdale, with all their appurtenances in your counties of Lancashire, Westmorland and Yorkshire; and all other lands, tenements, rents, services and reversions, with their appurtenances, which by and after the death of your uncle John late duke of Bedford, whom God pardon, came, reverted and descended to your highness in any way in the said counties or any of them, with all the knights' fees, wardships, marriages, reliefs, escheats, advowsons, nominations to abbeys, priories, hospitals, churches, chapels, chantries, and or of all other benefices of any church, warrens, fisheries, commons, courts, views of frankpledge, franchises, liberties, fines, amercements, goods and chattels of felons and fugitives, or outlawed persons, with all other profits and commodities, in like manner and form as the said late duke of Bedford had or ought to have had in the said counties, or any of them; to have and to hold the said manors, lordships, lands, tenements, rents, services and reversions, with all the other aforementioned things, to the said Edmund and to his heirs lawfully begotten of his body, to hold of you and your heirs by fealty only, in like way charged as they were on day of the [p. v-254][col. a] death of the said late duke of Bedford, and not otherwise.
Provided alwey, that this present act, yifte and graunte to the seid Edmond in fourme aboveseid made, be not hurte or prejudice of or to thendowement of Jaquet duchesse of Bedd', late wyffe to the seid duk, ne of ne to the same Jaquet duryng her lyf, of eny manoirs, lordships, londes and tenementes, rentes, services or othir possessions, the whiche were late the seid dukes, and to her assignement in dower: and also savyng to all othir persones, suche right, title and interesse, as they had in eny of the premisses the tyme of the deth of the seid late duke. Provided also, that this acte extende not nor in eny wyse be prejudiciall to Margarete queene of Englond, or to eny thyng graunted or assigned unto her by auctorite of parlement or othirwyse; nor to the provestes of your collage royal of Our Lady of Eton; nor to the provoste and scolares of your collage royal of Our Lady and Seint Nicholas of Cambrigge, nor to eny of theym; or to eny thyng graunted or assigned to theim by auctorite of parlement or othir wyse. Provided also, that this acte extende not ne be prejudiciall to eny fermour or fermours of eny of the premisses, ne in voidyng of eny lettres patentes of our soveraigne lord the kyng made to eny of theim therof, or eny parcell therof, soo that the seid fermour or fermours yild and paide hereftir therfor yerely, asmoche as was yilded and paide for the same afore, or in the tyme of the seid late duke of Bedford, or eny tyme sethyn. Provided always that this present act, gift and grant made to the said Edmund in the abovesaid form shall not cause harm or prejudice for or to the endowment of Jacquetta, duchess of Bedford, widow of the said duke, nor for or to the same Jacquetta during her life as regards any manors, lordships, lands and tenements, rents, services or other possessions which were lately the said duke's, and assigned to her in dower: and also saving to all other persons such right, title and interest as they had in any of the foregoing at the time of the death of the said late duke. Provided also that this act shall not extend nor be prejudicial in any way to Margaret, queen of England, or to anything granted or assigned to her by the authority of parliament or otherwise; nor to the provosts of your royal college of St Mary of Eton; nor to the provost and scholars of your royal college of St Mary and St Nicholas of Cambridge, nor to any of them; or to anything granted or assigned to them by the authority of parliament or otherwise. Provided also that this act shall not extend nor be prejudicial to any farmer or farmers of any of the foregoing, nor annul any letters patent of our sovereign lord the king made to any of them thereupon, or any part of them, so that the said farmer or farmers yield and pay hereafter each year thereupon as much as was yielded and paid for the same before, or in the time of the said late duke of Bedford, or any time since.
Qua quidem petitione, in parliamento predicto lecta, audita et plenius intellecta, de avisamento et assensu predictis, respondebatur eidem in forma sequenti: Which petition having been read, heard and fully understood in the aforesaid parliament, with the aforesaid advice and assent, it was answered to the same in the following form:
Soit fait come il est desire. Provided alwey, that this acte be not prejudiciall nor in eny wyse extende to the hurte of eny persone or persones, havyng eny office or offices for terme of lyf, with wages and fees to the seid offices due and accustumed, by the kyng our soveraigne lordes lettres patentes, or by the graunte of the seid late duke of Bedf', in or of eny of the premisses, so that they were offices in the daies of the seid late duke of Bedf'. (fn. v-227-401-1) Let it be done as it is desired. Provided always that this act shall not be prejudicial nor extend in any way to the harm of any person or persons who have any office or offices for a term of life, with wages and fees due an accustomed to the said offices, by the king our sovereign lord's letters patent, or by the grant of the said late duke of Bedford, in or of any of the foregoing, provided that they were offices in the time of the said late duke of Bedford. (fn. v-227-401-1)
[memb. 10]
Quidam articuli exhibiti per ducem Ebor'. Certain articles presented by the duke of York.
54. Memorandum, quod Ricardus dux Ebor' exhibuit in presenti parliamento quosdam articulos, quos in eodem parliamento considerari affectabat; quibus quidem articulis lectis, auditis et intellectis, de avisamento dominorum spiritualium et temporalium tunc ibidem presentium, responsum fuit eisdem; quorum tenores cum eorum responsionibus, hic inferius annotantur in forma que sequitur: 54. Be it remembered that Richard, duke of York presented certain articles in the present parliament, which he was desiring to be considered in the same parliament; with which articles having been read, heard and understood, with the advice of the lords spiritual and temporal who were then present there, it was answered to the same; the tenors of which with their answers are noted here below in the form which follows:
For somoche as by the kyng our soverain lord, and by all the lordes assembled at this present parlement, I Richard duc of York am desired and exhorted, for to take upon me the charge and gouvernaunce of the toun and castell of Calais, and of the marches of the same: I desire under protestation, if I shuld therunto entende, to have the parfit and effectuel accomplisshement of such things as be conteened in tharticles hereafter enseuyng: Considering that I, Richard, duke of York, am desired and exhorted by the king our sovereign lord and by all the lords assembled at this present parliament to take upon me the charge and governance of the town and castle of Calais and of the marches of the same: I desire under protestation, if I should consider this, to have the full and effective fulfilment of such things as are contained in the articles which follow below:
I. Furst, that a notable some of monneye bee to me delivered before handle, for the witholding and contenting of such souldeours, as I shall committe to entende to the sauve garde and kepyng of the saide toun, chastel and marches, in partie of paiement of thaire wages; the saide somme to amonte unto the wages of a quarter of a yere for my self, and the saide souldeours, [col. b] after thordinarie charge in tharticle next folowyng specified. I. First, that a notable sum of money be delivered to me beforehand, for the retaining and payment of such soldiers as I shall commit to be engaged on the safeguard and keeping of the said town, castle and marches, in part payment of their wages; the said sum to amount to the wages of a quarter of a year for myself and the said soldiers [col. b] above the ordinary charge specified in the next following article.
[editorial note: Responsio.] [editorial note: Answer.]
As to this article, the precedentes have been seen; and hit is agreed to the ordinarie charges in tyme of peax and treux. As to this article, the precedents have been seen, and agreement is given to the ordinary charges in a time of peace and truce.
II. Item, that seure and agreable provision be made in this saide parlement, and by thauctoritee therof, for due and indelaied paiement yerely to be made, for the ordinarie charges required for the same sauve gard and kepyng, and for the wages of me, and of the saide souldeours, as long as I shall have and take upon me such charge and gouvernance, aftir thordinarie charges therof used in the daies of that blessed prince of most noble memoir the kyng your fader, whom God assoile, afore the beginnyng of his werres of France. II. Also that sure and agreeable provision be made in this said parliament, and by the authority of it, for due and prompt payment to be made each year for the ordinary charges required for the same safeguard and keeping, and for the wages of myself and of the said soldiers whilst I possess and take upon myself such charge and governance, according to the ordinary charges thereof used in the time of that blessed prince of most noble memory the king your father, whom God absolve, before the start of his wars with France.
[editorial note: Responsio.] [editorial note: Answer.]
Hit can not be agreed for lesse than a quarter wages in hand, aftir the seid charge, over this the seid duc of York is assented to take uppon hym the charge and governance of the seid castell and toune, and also of the toure of Ruysbanke if hit be in the kynges hondes, for as mony yeres as suerte shal be founden by the maire and felisship of the staple of Caleis, to shippe yerely wolle and wolfell to the same staple; whereof the seid ordinarie charge shall be yerely to hym paide. It cannot be agreed for less than a quarter's wages in hand beyond the said charge; in addition the said duke of York agrees to take upon him the charge and governance of the said castle and town, and also of the tower of Rysbank if it is in the king's hands, for as many years as surety shall be found by the mayor and fellowship of the staple of Calais to ship wool and woolfells to the same staple each year; from which the said ordinary charge shall be paid to him each year.
III. Item, in case your adversarie of France, or eny othir your ennemis, approche toward the saide toun and castel to leye therunto siege, that sad provision and ordonnance be made by thauctorite abouvesaid, for a notable puissance of men to bee had and sent over to the said toun and castel of Caleis, under notable capitaines, within a monneth next aftir notice therof comen to you or your counseill to thentent that they may breke and resiste the malice of the said adversaire, in takyng of his ground, leyeng of his ordonnance and approchements to the saide toun and castel, unto the commyng thedir of the grete rescowes; and that the nombre of the saide puissance be either of .iij. .m. men over the nombre of the saide ordinarie charge, or of .v. .m. men, the same nombre of ordinarie charge therin comprised. III. Also, in case your enemy of France, or any of your other enemies, come towards the said town and castle to lay siege to it, that firm provision and ordinance shall be made by the abovesaid authority for a notable force of men to be provided and sent over to the said town and castle of Calais under capable captains within a month next after notification comes to you or your council, so that they may break and resist the evil intent of the said enemy when he advances, lays his ordnance and makes his offensive preparations against the town and castle until such time as a full relief force comes there; and that the number of the said force shall be either 3,000 men in addition to the number of the said ordinary garrison, or 5,000 men including the same number of the ordinary garrison.
[editorial note: Responsio.] [editorial note: Answer.]
Hit can not be agreed to les nombre than .iij. .m. men over the said charge. Consent cannot be given to less than 3,000 men in addition to the said ordinary garrison.
IIII. Item, if than by the saide adversarie of France, or by the seid othir ennemis, the saide toun and castel of Caleis, or eny castel or fortresse beyng in the marches therof bee besieged, notable pourveance be made for the rescows thereof, to be redie ther for the same entent, within a monnethe the monnethe abovesaid next folowyng. And that I of such rescows be put in suertee, and have the promis of the lordes of this lande made upon thaire feith and honneur, to put theim in diligent, effectuel and undelaid devoir, to that that mowe bee the good spede and preferrement of the said rescows, and that theire promisses soo made, be enacted of record in this said parlement. IIII. Also, if it happens that the said town and castle of Calais, or any other castle or fortress in its marches is besieged by the said enemy of France, or by the other said enemies, notable provision shall be made for the relief of them, to be ready there for the same purpose within a month of the abovesaid month next following. And that I shall be be guaranteed such relief and have the promise of the lords of this land made upon their faith and honour, to put them in diligent, effective and undelayed exercised duty so that good speed and preference may be given to the said relief, and that their promises so made be enacted on record in this said parliament.
[editorial note: Responsio.] [editorial note: Answer.]
As to the rescows, all shall bee therto don that can be thought possible. As to the relief, all shall be done for the same as can be thought possible.
V. Item, that substantiall provision be made in all hast possible for the kepyng of the see; to thentent that all your navire bee redye togedirs, and of power for to assemble in such place as is most couvenable for thassemblyng of thaim, for to breke the puissance of the navire of the seid adversarie, before thaire assemblyng, so that your subgets may have fre passage to and fro the seid toun and castel of Caleis, for thaide and rescows therof. V. Also, that substantial provision shall be made in all possible haste for the keeping of the sea, to the end that all your navy shall be ready together, and authority given for it to assemble in such a place as is most convenient for it to break the might of the navy of the said enemy before the latter assembles, so that your subjects may have free passage to and from the said town and castle of Calais, for the assistance and rescue of them.
[p. v-255]
[col. a]
[editorial note: Responsio.] [editorial note: Answer.]
< For asmoche > [...] as hit was moeved by the bisshop of London, for .iiij. knyghtes to take the charge therof uppon theim, hit is appointed that the Lord Gray, shall therin have communication with the seid bisshop; and that Seignur James Strangwais, and Maister Robert Beaumond, shall commune with the merchauntez, to fele theim if they wull take uppon theim the same charge, which kepyng is odirwyse purveid fore by act of auctorite of parlement. Considering that it was moved by the bishop of London for four knights to take the charge of this on themselves, it is granted that Lord Gray shall discuss this with the said bishop; and that Sir James Strangeways and Master Robert Beaumont shall talk with the merchants to ascertain if they will assume the same charge, which keeping is otherwise provided for by act by the authority of parliament.
VI. Item, that the seid toun and castel of Caleis, and all the castels and fortresses in the marches therof, be in peisible and restfull wyse delivered withoutyn delaye, to suche persones as shall have of me power to resceive theim on my behalfe, and to kepe theim at fredame and liberte, and to use for me ther suche auctorite, as I shall and mowe of your high auctorite that shal be to me committed committe unto theim, for the sauve gard and kepyng of the same, withouten lette or disturbance of eny of your subgets. VI. Also, that the said town and castle of Calais and all the castles and fortresses in its marches shall be handed over in a peaceful and trouble free way without delay to such persons as shall have authority from me to receive them on my behalf and to keep them free and at liberty, and to use there on my behalf such authority committed to me by your high authority which I shall commit to them in turn for the safeguard and keeping of the same, without the hindrance or disturbance of any of your subjects.
Item, that eny auctorite or power, to eny othir persone before made, for the kepyng and sauve gard of the seid toun and castel of Calais, and of the marches therof, and thendentures theruppon made, bee by thassent of the lordes spirituelz and temporelz, and the communes in this said parlement assembled, and by thauctorite therof voied, rappelled, revoked, adnulled, and of no force nor effect, as toward the occupation of kepyng of the seid toun and castell of Cales', and the marches ther, from the day of the deliverance of the same toun, castel and marches, made to me. Also, that any authority or power made previously to any other person for the keeping and safeguard of the said town and castle of Calais and of its marches, and the indentures made thereupon, shall, by the assent of the lords spiritual and temporal and the commons assembled in this said parliament, and by the authority of it, be made void, repealed, revoked, annulled and of no force or effect as regards the occupation of keeping of the said town and castle of Calais and the marches there from the day the same town, castle and marches are handed over to me.
[editorial note: Responsio.] [editorial note: Answer.]
Hit is thought sufficiant and agreable, that thendentures and lettres patentes of the seid duc, touchyng the rule and gouvernance of the seid castell and toun, shal be surrendede and cancelled; and that in thendentures betwix the kyng and the duc of York, to be of and for the seid rule and gouvernance made, a provision be made, that the same duc be not charged of the kepyng of the said castel and toun, unto tyme they bee to hym or to his deputees peasiblie and at fredame delivered, the seid endentures notwithstondyng. It is thought sufficient and best that the indentures and letters patent of the said duke touching the rule and governance of the said castle and town shall be surrendered and cancelled; and that in the indentures to be made between the king and the duke of York of and for the said rule and governance a provision be made that the same duke shall not be charged with the keeping of the said castle and town until they are handed over to him or to his deputies in a peaceful and free manner, notwithstanding the said indentures.
VII. Item, that all stuffe of vitaile, habiliments of werre, artillarie, and of all othir ordinance of you our saide soverain lord, beyng within the seid toun, castels and fortresses, or eny of theim, be to me shewed by endenture. And in cas that suche stuffe, habilimentes, artillarie and ordonnance, wull not suffice for the sauvegard, defence and tuition of the same toun, castels and fortresses: that than incontinent aftir notice therof made to you or your counseil, suffisant and competent stuffe of vitaile, ordonnance, habiliments of werre and artillerie, be withoutyn delaye pourvede and had, and delivered for the seid sauvegard and defense. VII. Also, that all supplies of victuals, munitions of war, artillery and of all other ordnance belonging to you, our said sovereign lord, which are within the said town, castles and fortresses, or any of them, shall be shown to me by indenture. And in case that such supplies, munitions, artillery and ordnance are insufficient for the safeguard, defence and protection of the same town, castles and fortresses, that then immediately after notice of this has been made to you or your council, sufficient and adequate supplies of victuals, ordnance, munitions of war and artillery shall be provided and supplied without delay, and delivered for the said safeguard and defence.
[memb. 9]
[editorial note: Responsio.] [editorial note: Answer.]
Hit is thought resonable. This is thought reasonable.
VIII. Item, that hit plaise our said soverain lord, by thassent aboveseid, to ordeine and establisshe in the saide parlement, and by thauctorite therof, that all manere of persones havyng eny office or offices within the seid tounes, castels, fortresses or marches, of the graunte of our said soverain lord, or of eny of his noble progenitours, use thaire continuel abood uppon thaire said office or offices; and that the lettres patentes and grauntes, of such persones as woll not so abide and duelle, aftir a monneth next folowyng soo for to abide and duelle, bee by the seid auctorite voide: except onely, that the tresorer and vitailler of the seid [col. b] toun and marches for the tyme beyng, shall repare into this lande by my licence, for suche things as for thaire offices be necessarily required, for the same toun and marches. VIII. Also, that it might please our said sovereign lord by the abovesaid assent to ordain and establish in the said parliament and by the authority of it that all manner of persons who have any office or offices within the said towns, castles, fortresses or marches from the grant of our said sovereign lord, or of any of his noble progenitors, shall maintain continuous residence in their said office or offices; and that the letters patent and grants to remain and stay of such persons who will not thus remain and stay shall be made void after a month next following by the said authority: save only that the treasurer and victualler of the said [col. b] town and marches at the time shall return to this land by my licence for such matters as will be necessarily required for their offices for the same town and marches.
[editorial note: Responsio.] [editorial note: Answer.]
Hit is thought to be had in this fourme: that it please the kyng our soverain lord, by thassent abovesaid, to ordeine and establishe in the seid parlement, and by auctorite therof, that all manere persones havyng eny office or offices within the seid tounes, castels, fortresses or marches, of the graunte of our seid soverain lord, or of eny of his noble progenitours, use theire continuell aboode uppon theire seid office or offices, but such persone or persones have licence of me or my lieutenaunt, to be graunted hym for the tyme of a monethe or within < in a yere: > and that the lettres patentes and grauntes, of suche persones as woll not soo abidee and duelle, aftir a monneth next folowyng aftir proclamation to be made in London and in Cales', so for to abide and duelle, bee by the seid auctorite voide: except oonly, the tresorer and vitailler of the seid toun and marches for the tyme beyng, shall repaire into this lande by my licence, for such thinges as for thaire offices be necessarily required, for the same toun and marches. It is thought that it should be done in this form: that it shall please the king our sovereign lord by the abovesaid assent to ordain and establish in the said parliament and by the authority of it that all manner of persons who have any office or offices within the said towns, castles, fortresses or marches from the grant of our said sovereign lord, or of any of his noble progenitors, shall maintain continuous residence in their said office or offices, but such person or persons shall have licence from me or my lieutenant to be granted to him for the period of a month or less than a year: and that the letters patent and grants of such persons who will not thus remain and stay, after a month next following after proclamation has been made in London and in Calais to remain and stay, shall be made void by the said authority: save only the treasurer and victualler of the said town and marches at the time who shall return to this land by my licence, for such things as will be necessarily required for their offices for the same town and marches.
IX. Item, that I may have auctorite and power of the kyng our said soverain lord under his grete seel, for to doo make and yeve under my seel, sauveconduits, protections, licences, sueretees and sauvegardes, and use, have and enjoye all such emoluments, issues and proufits, and all othir fredames and libertees in the seid toun, castels, fortresses and marches, as amplie, as largelie and as frelie, as that noble and wurthi prince Humfrey late duc of Gloucestre ever eny suche there had; soo that my saide sauveconduits and licencez, mowe stracche aswell by watur as by lande, for vitaillyng of the said toun, castels and fortresses, and every of theim, and for paiement of the finances of prisonners. IX. Also, that I may have authority and power of the king, our said sovereign lord, under his great seal in order to make and give under my seal safe-conducts, protections, licences, guarantees and safeguards, and use, have and enjoy all such emoluments, issues and profits, and all other freedoms and liberties in the said town, castles, fortresses and marches as fully, as amply and as freely as that noble and worthy prince Humphrey, late duke of Gloucester ever had any such there; so that my said safe-conducts and licences may be valid for both water and land, for the victualling of the said town, castles and fortresses, and each of them, and for payment of the ransoms of prisoners.
[editorial note: Responsio.] [editorial note: Answer.]
It is thought that ther be had such power as Humfrey duc of Gloucestre, Humfrey duc of Buk', or Richard late erle of Warr', late capitaynes of the seid toun of Cales, ever ther had. It is thought that there should be as much power as Humphrey, duke of Gloucester, Humphrey, duke of Buckingham, or Richard, late earl of Warwick, late captains of the said town of Calais, ever had there.
X. Item, for somuch as of tymes here tofore, I have been desired to doo our said soveraine lord service, aswell in his realm of Fraunce and duchie of Normandie, as in his lande of Irlond, wherunto at the pleisyr of his good grace I alweye applied me, to my to grete and outrageous charge and coste, which drowe and compelled me for lak of paiement of my wages, to celle a grete substance of my lyvelood, to leye in plege all my grete jowellys, and the most partie of my plate not yit raquited, and therfor like to be loost and forfaited; and overe that, to endaungere me to all my frendes, by chevisance of good of thaire love, for their accomplishement of the service and charge, whiche at the seid desire I toke upon me in the saide realm of France, duchie and lond of Irlond, not faisible without notable good, for the which divers sommes of monneye bee to me due; for paiement wherof, mony promisses have been to me made, not parfourmed. Hit plaise the highnesse of our said soverain lord, by thadvis of his conseil, to ordeine and provide for me due and agreable paiement of the said sommes, wherthorugh I mowe doo unto his high excellens the better service, upon the saufgard of the said toun, castel and marches, and ellys where. X. Also, considering that I have been asked to do our said sovereign lord service many times in the past in both his realm of France and duchy of Normandy and in his land of Ireland, to which, at the pleasure of his good grace, I have always applied myself, to my to great and outrageous expense and cost which, for want of payment of my wages, drove and compelled me to sell a large amount of my wherewithal, to pledge all my important jewels and the greater part of my gold and silver, which still has not been returned and is therefore likely to be lost and forfeited; and besides that, put me in risk towards all my friends by borrowing money from them out of their affection for the accomplishment of the service and charge which I assumed in the said realm of France, duchy and land of Ireland at the said desire, which was not feasible without a large amount of money, for which various sums of money are due to me; for the payment of which many promises have been made to me, but not fulfilled. May it please the highness of our said sovereign lord, by the advice of his council, to ordain and provide due and satisfactory payment of the said sums for me, whereby I may perform better service to his high excellence as regards the safeguard of the said town, castle and marches, and elsewhere.
[editorial note: Responsio.] [editorial note: Answer.]
< The tresorer of Englond, > [...] by thassent and desire of all the lordes, is agreed to se wher may be eny way or grounde founde, for the contentyng of my seid [p. v-256][col. a] lord duc of York; and that he hath promitted to the seid duc in presence of the seide lordes; whiche agrement and promisse the seid duc hath praied that it may be enacted of record, and so hit is graunted that it shalbe. The treasurer of England, by the assent and desire of all the lords, has agreed to see if there may be any way or means found for the satisfaction of my said [p. v-256][col. a] lord duke of York, and he has promised this to the said duke in the presence of the said lords; which agreement and promise the said duke has prayed that it may be enacted on record, and so it is granted that it shall be.
XI. Item, in caas that the said toun and castel of Caleis bee not rescowed afore thende of the seid .ij. monnethes, that than of any inconvenient that for lak of suche rescowes happen therafter to falle to the seid toun and castel, that God defende, I and myn heires, be therof by the seid auctorite, ayenst our seide soverain lord, his heires and successours, discharged for ever: I puttyng me in devoir to the seid rescowes, soo that therfor I be assisted accordyng to the promisse abouvesaid. XI. Also, in case that the said town and castle of Calais is not relieved before the end of the said two months, that then of any misfortune that might happen to befall the said town and castle for the failure of such rescue, which God forbid, I and my heirs shall be discharged of this forever by the said authority towards our said sovereign lord, his heirs and successors: I will offer service myself for the said relief, provided that I am granted assistance thereupon according to the abovesaid promise.
[editorial note: Responsio.] [editorial note: Answer.]
It is thought by all the lordes that it is resonable. It is thought by all the lords to be reasonable.
XII. And furthermore, it is thought that if of the shippyng of eny yere from hens forward to the seid staple, the parte of that shippyng for the wages for the seid toun and castel assigned, excede the seid yerely ordinarie charges; that hit be ordeined by auctorite of this parlement, that that of the seid parte that soo excedith, be kept in the kynges tresorye for the seid wages, and to be therunto, and to noon othir use emploied. XII. And furthermore, it is thought that if from the annual shipping to the said staple in future, the part of that shipping assigned for the wages for the said town and castle exceeds the said annual ordinary charges; that it be ordained by the authority of this parliament that that of the said part what is in excess shall be kept in the king's treasury for the said wages and be employed on this and on no other use.
[editorial note: Responsio.] [editorial note: Answer.]
The lordes think it is to be avised. The lords will consider this further.
XIII. And the seid duc of York, desireth to have to ferme of the kyng, his demesnes landes within the toune and marches of Caleis; and that the rent which therfor he shall yerely paie to the kyng, he mowe reteigne in his owne hondes, in partie of paiement of his wages, for the kepyng of the said toune and castell. XIII. And the said duke of York desires to have at farm of the king his demesne lands within the town and marches of Calais; and that the annual rent which he shall pay to the king for this he may retain in his own hands, in part payment of his wages for the keeping of the said town and castle.
[editorial note: Responsio.] [editorial note: Answer.]
It is thought resonable, soo it be accorded therfor with the tresorer of Englond. It is thought reasonable, so it shall be agreed with the treasurer of England.
[memb. 8]
Memorandum, quod major et mercatores stapule Cales', exhibuerunt prefato domino regi, in presenti parliamento, quandam cedulam certos articulos continentem; quibus quidem articulis, in parliamento predicto lectis, auditis et intellectis, per predictum dominum regem, de avisamento et assensu dominorum spiritualium et temporalium in dicto parliamento tunc ibidem existentium, respondebatur eisdem; quorum tenores cum suis responsionibus, sequntur in forma subscripta: Be it remembered that the mayor and merchants of the staple of Calais presented a schedule containing certain articles to the aforesaid lord king in the present parliament; with which articles having been read, heard and understood by the aforesaid lord king, with the advice and of the lords spiritual and temporal then assembled in the said parliament there, it was answered to the same; the tenors of which, with their answers, follow in the form noted below:
[memb. 8]
Pro mercatoribus stapule Cales'. On behalf of the merchants of the staple of Calais.
55. To the kyng oure soveraigne lord, besechen humbely the maire and merchauntz of youre staple of Caleys: that hit please youre highnesse graciously to consider the matiers and motions here aftir ensuyng, for the suertee and saufgard of the seid staple, towne, and marches of the same. 55. To the king our sovereign lord, the mayor and merchants of your staple of Calais humbly beseech: that it might please your highness graciously to consider the matters and motions which follow below for the safety and safeguard of the said staple, town and marches of the same.
< Purveyaunce. > Provision.
I. Furst, that sufficiant purveaunce be made for the saufgard of the seid towne and marches there; and that the seid merchauntz may have fro hensforth, fre issue of all theire wolles, wolfelles, and other merchaundises there beyng, or theder hereaftir repairyng, withoute any restraynt or impediment. I. First, that sufficient provision be made for the safeguard of the said town and marches there; and that the said merchants may henceforth have free issue of all their wool, woolfells and other merchandise which is there or which shall go there in future, without any restraint or impediment.
[editorial note: Responsio.] [editorial note: Answer.]
It is thought resonable. And that the lordes woll doo in that behalve that in theym is to doo, that noo suche restrainte nor impediment shall be hadde. It is thought resonable. And that the lords will do all that they can in that regard so that no such restraint or impediment shall be made.
< Wolles. > Wool.
II. Item, that a petition put to youre highnesse by the commons of this your realm, in this youre [col. b] present parliament, for a certain pris of wolles to be bought in dyvers places within this youre royalme, take noon effect ne be auctorised; considered the grete inconvenientz and damages that shuld ensewe of the ordenaunce therof. II. Also, that a petition presented to your highness by the commons of this your realm in this your [col. b] present parliament for wool to be bought for a certain price in several places within this your realm has no effect nor is authorised, considering the great misfortune and damage that should arise from its ordaining.
[editorial note: Responsio.] [editorial note: Answer.]
It is agreed. It is agreed.
< Sale of wolles. > The sale of wool.
III. Item, that an other petition made by youre seid commons in youre said parliament, for the sale and partition of wolles at Caleys, and bryngyng in of bullyon to youre said staple, and other thinges conteigned in the same petition, be not affermed ne enacted by this youre parliament, for divers hurtes and lossez that shuld ensewe therof, aswele to you soveraigne lord, as to the growers of wolles, and to the beyers of the same. III. Also, that another petition presented by your said commons in your said parliament for the sale and partition of wool at Calais, and the bringing of bullion to your said staple, and other things contained in the same petition, shall be not affirmed or enacted by this your parliament on account of the many bad effects and losses that would arise from it to both you sovereign lord and to the producers of wool, and to the buyers of the same.
[editorial note: Responsio.] [editorial note: Answer.]
It was declared by the lordes, after advyse and communication had with the justices, that they have seyn aswell the acte of partition, made in the .viij. yere of the reigne of the kyng oure soveraine lord, at which tyme they conceyve that Reynwell was maire of the staple, as the petition made for partition in this present parlement; and the answere made by the kyng, to that petition of partition in this parlement is, that his highnesse was agreed, that partition be had and used in like wyse, as it was had and used whan Raynwell was maire of the staple; and for asmoche as the acte made in the seid .viij. yere, woll that every man that selleth or doth selle eny woll or wolfelles at the seid staple of Cales', make true and evyn partition of the money therof, with hem that < have > woll or felles of the same contrees, that his woll or felles is of, and that he is ajoyned and associed to make partition with, withoute fraude or maleengyne; and the lordes verraly understondeth, by credible information of the maire and felisship of the merchauntz of the staple, that ther was noon other fourme of partition whan Raynwell was maire of the staple, but after the fourme of the said acte, made < in > the seid .viij. yere; and the petition made in this parlement woll, that every man that selleth or doo sell eny woll or wolfell at the seid staple of Caleys, make true and evyn partition of the money therof commyng, amonge all the kynges liege people borne within this realm, havyng woll or wolfelles there; every man to have after theire afferant and portion of his seid merchaundises, withoute fraude or maleengyne; it was thought therfore to the said lordes, for asmoche as by the petition of the communes in this parlement was desirid a partition to be made universally amonge all men sellyng woll at Caleys, and the answere of þe kyng to the same, includith another manere partition, under another fourme, the which the communes be not assentid, that the seid petition and answere made to the same, shulde make noon acte of parlement: wherfore the kyng woll be avysed of that petition. It was declared by the lords, after they had discussed with and taken the advice of the justices, that they have seen both the act of partition made in the eighth year of the reign of the king our sovereign lord [1429], at which time they understand that Raynwell was mayor of the staple, and also the petition made for partition in this present parliament. The answer made by the king to that petition for partition in this parliament is that his highness agreed that partition be made and used in the same way as it was made and used when Raynwell was mayor of the staple. Considering that the act made in the said eighth year wills that every man who sells or causes to sell any wool or woolfells at the said staple of Calais shall make a true and even partition of the money with those who have wool or woolfells from the same countries as his wool or woolfells come from, and that he is adjoined and ordered to make partition with them, without fraud or deceit; and that the lords indeed understand by credible information from the mayor and fellowship of the merchants of the staple that there was no other form of partition when Raynwell was mayor of the staple except according to the form of the said act made in the said eighth year; and that the petition made in this parliament wills that every man who sells or causes to sell any wool or woolfells at the said staple of Calais shall make true and even partition of the money arising among all the king's liege subjects born within this realm who have wool or woolfells there; every man to receive this according to their share and portion of his said merchandise, without fraud or deceit, it was thought therefore by the said lords that the said petition and the answer made to the same should not be made into an act of parliament, considering that it was desired by the petition of the commons in this parliament that a partition be made universally among all the men who sell wool at Calais, and that the answer of the king to the same includes another kind of partition, under another form, to which the commons have not agreed. Thus the king will consider that petition further.
< Merchaunts of the staple. > Merchants of the staple.
IIII. Item, that where afore this tyme, severall assignementz have be made to dyvers merchauntz of youre seid staple, for grete notable sommes to theym particulerly by you dewe, wherof restith as yit unpaied to theym, of the somme of .xij. .m. marcs or there aboute, as it may appere of record; which assignementz withoute theire defaute, nowe be expired and of noo force; that by auctorite sufficiant they may have sure assignement for severall repayment of the seid duetee, as the cas shall require. IIII. Also, because in the past separate assignments have been made to various merchants of your said staple for large and notable sums due to them by you in particular, which have still not been paid to them, to the sum of 12,000 marks or thereabouts, as it may appear on record; which assignments, without any fault on their part, have now expired and are of no force; that by sufficient authority they may have sure assignment for individual repayment of the said dues, as the case shall require.
[editorial note: Responsio.] [editorial note: Answer.]
It is agreed, that the merchauntz have semblable suertee of the newe subsidie, as thei had of the olde subsidie, by the kynges lettres patentz and prive seals; and that the chaunceller of Englond, and the keper [p. v-257][col. a] of the prive seale, have sufficiant power to make from tyme to tyme, such and as many lettres patentes and writtes executories severally under the seid seals, as shall be thought necessarie and behovefull in that behalf. It is agreed that the merchants have similar surety out of the new subsidy as they had out of the old subsidy by the king's letters patent and privy seal; and that the chancellor of England, and the keeper [p. v-257][col. a] of the privy seal shall have sufficient power to make from time to time such and as many letters patent and writs executory separately under the said seals as shall be thought necessary and needful in that regard.
< Wolles, wollfells. > Wool, woolfells.
V. Item, that sufficiant remedie may be purveid by auctorite of this youre parliament, that noo wolles or wolfelles be had to passe out of this youre royalme, to any other place than to the seid staple, by colour of licence or shippyng in your name or otherwyse, except wolles passing in galeys or carrakes thurgh the straites of Marrok'. V. Also, that sufficient remedy may be provided by the authority of this your parliament that no wool or woolfells be allowed to be exported from this your realm to any place other than to the said staple under pretext of licence or shipment in your name or otherwise, except for wool exported in galleys or carracks through the straits of Gibraltar.
[editorial note: Responsio.] [editorial note: Answer.]
The kyng, by thavyse of his < counseill, > hath yeven in commaundement to my lord chaunceller, that noo such licence passe withoute thadvys of his seid counseill. The king, by the advice of his council, has commanded my lord chancellor that no such licence shall be issued without the advice of his said council.
< Subsydies of wolles. > Subsidies on wool.
56. VI. Item, that by reason of any graunte made to you in this youre present parliament, for the subsidies of wolles and wolfelles, noo persone shippyng wolles or wolfelles to youre seid staple, be chargid for the subsidie of any sak of wolle, or .ccxl. wollefells, overe the somme of .xxxiij. s. .iiij. d., as thei have paied to you in all the tyme of youre blessid reigne. 56. VI. Also that, by reason of any grant made to you in this your present parliament for subsidies on wool and woolfells, no person shipping wool or woolfells to your said staple shall be charged for the subsidy on any sack of wool or 240 woolfells over the amount of 33 s . 4 d ., such as they have paid to you during all your blessed reign.
[editorial note: Responsio.] [editorial note: Answer.]
It is agreed, that every merchaunt deniszin borne within this realm, which as shall shipp any wolls or wolfells to the staple of Cales', or thurgh the strattes of Marrok, by the kynges licence, be quite and discharged of .x. s. parcell of the said subsidie, graunted by the seid acte of every sakke of wolle, and of every .ccxl. wolfell, from the thridde day of Aprill specified in the seid graunte of subsidie, by the space of .v. yeres then next folowyng. It is agreed that every denizen merchant born within this realm who shall ship any wool or woolfells to the staple of Calais, or through the straits of Gibraltar, by the king's licence, shall be quit and discharged of 10 s ., part of the said subsidy granted by the said act on every sack of wool and on every 240 woolfells from 3 April, specified in the said grant of subsidy, for a period of five years then next following.
< Sarpler of wolle. > Bales of wool.
VII. Which premisses fullfilled, youre seid besechers shall be redy to pay to you, at the issue of every sarpler of wolle and wolfells oute of the said staple .xl. s., unto the tyme the somme of .x. .m. marcs therof be levyed, to be applied to the paiement of the souldeours of Caleys; if it so be, that sufficiant, sure and aggreable assignement to youre seid besechers be purveid < for > theim in this youre high court of parliament. VII. As the foregoing clauses have been fulfilled, your said petitioners shall be ready to pay 40 s . to you on the issue of every bale of wool and woolfells out of the said staple until the sum of 10,000 marks is raised therefrom, to be applied to the payment of the soldiers of Calais; so long as sufficient, sure and satisfactory assignment is provided for your said petitioners in this your high court of parliament.
[editorial note: Responsio.] [editorial note: Answer.]
It is agreed, that the maire and the merchauntz of the staple, shall have suertee for .x. .m. marcs by lettres patentes under the kynges grete seale; that is to sey, of the half disme paiable at the fest of Seint Martyn in wynter that shall be in the yere of Oure Lord .mcccclv., .v. .m.. marcs, and at the fest of Seint Martyn in wynter then next folowyng, of the half disme paiable, other .v. .m. marcs; and that the seid lettres patentes and writtes theruppon to be made, to be delyvered to my lordes the bisshops of Wynchestre and Coventre, and they to delyver the seid lettres patentes and writtes to the seid maire and marchauntz particulerly as they may be acerteined that the merchauntz paie the seid .x. .m. marcs, or parte therof; and that the chaunceller of Englond for the tyme beyng, have sufficiant power to doo make such and asmany lettres patentes and writtes executories under the kynges grete seale, as shall be thought behovefull and necessarie to the seid merchauntz in that behalve, withoute eny other pursuyte theruppon to be made to the kyng or to his counseill. It is agreed that the mayor and the merchants of the staple shall have surety for 10,000 marks by letters patent under the king's great seal; that is to say, out of the half tenth payable at Martinmas 1455, 5,000 marks, and out of the half tenth payable at Martinmas then next following, another 5,000 marks; and that the said letters patent and writs to be made thereupon shall be delivered to my lords the bishops of Winchester and Coventry, and they shall deliver the said letters patent and writs to the said mayor and merchants who can certify that the merchants paid the said 10,000 marks, or part of it; and that the chancellor of England at the time shall have sufficient power to cause to make such and as many letters patent and writs executory under the king's great seal as shall be thought needful and necessary to the said merchants in that regard, without any other suit to be made thereupon to the king or to his council.
[memb. 7]
Pro Jacobo comite Wiltes' et Ormond'. On behalf of James, earl of Wiltshire and Ormond.
57. Item, quedam petitio exhibita fuit eidem domino regi, in parliamento predicto, per prefatos communes, ex parte Jacobi comitis Wiltes' et Ormond' in hec verba: 57. Item, a certain petition was presented to the lord king in the aforesaid parliament by the aforesaid commons on behalf of James, earl of Wiltshire and Ormond, in these words:
[col. b]
To the full wyse and discrete commons of this present parlement shewith unto your notable discretions and wysdoms James erle of Wiltshire and of Ormond: that where [...] he is seised in his demesne as in fee of the maner of < Hukcote, > with the avowson of the chirche of Hukcote to the seid manour appertenyng, and of a crofte called the Lytull Milne Hamme, with their appurtenaunces in the counte of Buk', of the yifte and feffement of James late erle of Ormond, fadir of the seid erle of Wiltshire, and John Neel clerk; and that the seid erle of Wiltshire, at the reverence of our blessed Lord Crist Jehsus, and of his blessed moder Our Lady Seynt Marie, and in wurship of that glorius martir Seint Thomas, somtyme archebysshop of Canterbury, of whoos blode the seid erle of Wiltshire his fader, and mony of his auncestres are lineally discendid, and the whiche glorius martir was borne of his moder within the grounde where now is set the house or hospitall of the seid martir called Seynt Thomas of Acrees, within the citee of London, and also for the grete tenderaunce, trust and love, that the seid James late erle of Ormond, on whom God have mercy, when he was on lyve hade unto that devout and holy place, and also [...] for asmoche as the modir of the seid erle of Wiltshire is beried within that holy place, is disposed, agreed and fully sette, for hym and his heires, in consideration of the premysses, and by the agrement, comfort, supportation and assent of your full grete and notable wisdomes, that John Neel, nowe maister of the seid hous or hospitall, shall have the seid maner of Hukcote with the avowson therto appertenyng, and the seid crofte with their appurtenaunces, to hym and to his successours for evermore; to thentent that he and his successours shall fynde twey prestes within the seid hous or hospitall, perpetuelly and daily to pray for the gode estate of our soveraigne lord the kyng, and of our soveraigne lady < the > queene, and of the seid erle of Wiltshire, and for the soules of our soverayn lord the kyng and the queene when they ben passed out of this world, and for the soules of the fadir of the seid erle of Wiltshire, and of his moder, and for the soule of the gode lady dame Johane Beauchamp, late lady of Bergevenny, grauntdame to the seid erle of Wiltshire, and for the soules of all othir his auncestres that been dede, and for the soules of the seid erle of Wiltshire, and of his wiffe, and their heires aftir their discese, and for all Cristen soules; whiche entent and disposition the seid erle of Wiltshire may not perfourme ne fulfille, without your speciall favour, helpe and socour be to hym shewed in this behalfe. To the most wise and discreet commons of this present parliament, James, earl of Wiltshire and Ormond, petitions to your notable discretions and wisdoms: whereas he is seised in his demesne as of fee of the manor of Hulcott with the advowson of Hulcott church pertaining to the said manor, and of a croft called the Little Milne Ham, with their appurtenances in the county of Buckingham, from the gift and feoffment of James, late earl of Ormond, father of the said earl of Wiltshire, and John Neel, clerk; and that the said earl of Wiltshire, out of reverence for our blessed Lord Jesus Christ and His blessed mother Our Lady St Mary, and in honour of that glorious martyr St Thomas, sometime archbishop of Canterbury, from whose blood the said earl of Wiltshire, his father, and many of his ancestors are lineally descended, and which glorious martyr was born of his mother within the grounds where there is now built the house or hospital of the said martyr called St Thomas of Acre within the city of London, and also because of the great affection, trust and love which the said James, late earl of Ormond, on whom may God have mercy, had when he was alive for that devout and holy place, and also considering that the mother of the said earl of Wiltshire is buried in that holy place, is disposed, agreed and fully resolved, for himself and his heirs, in consideration of the foregoing, and by the agreement, aid, support and assent of your most great and notable wisdoms, that John Neel, now master of the said house or hospital, shall have the said manor of Hulcott with the advowson pertaining to it, and the said croft, with their appurtenances, to him and to his successors forevermore; on the understanding that he and his successors shall provide two priests in the said house or hospital to pray forever and daily for the good estate of our sovereign lord the king, and of our sovereign lady the queen, and of the said earl of Wiltshire, and for the souls of our sovereign lord the king and the queen when they pass out of this world, and for the souls of the father of the said earl of Wiltshire, and of his mother, and for the soul of the good lady my lady Joan Beauchamp, late lady of Abergavenny, grandmother of the said earl of Wiltshire, and for the souls of all his other dead ancestors, and for the souls of the said earl of Wiltshire and of his wife, and their heirs after their deaths, and for all Christian souls; which intention and disposition the said earl of Wiltshire may not carry out or fulfil without your special favour, help and support shown to him in this regard.
Wherefor please hit your full grete and notable wisdomes to considere the premysses, and to pray the kyng our soverayn lord, that he, by thassent of his lordes spirituell and temporell in this present parlement assembled, and by the auctorite of the same, will ordeyne and establissh, that the seid John Neell, nowe maister of the seid hous or hospitall, or his successours, may entir into the seid maner of Hukcote, with the avowson aforeseid and crofte, with their appurtenaunces, and to have and to holde the seid maner and avowson therto appertenyng and crofte, with their appurtenaunces, to the seid maister and his successours for evermore, without interruption, impediment or impechement of the seid erle of Wiltshire or of his heires, or of eny othir persone or persones pretendyng title, by theym or to their use, in perfourmyng of the gode entent and disposition above rehersed. Provided alwey, that this acte, statute or ordenaunce, shall not exclude ne forbarre none othir persone or persones, of their title or right that they have to the seid maner, with thavowson therto appertenyng and [p. v-258][col. a] croft, with their appurtenaunces, but only to exclude and forbarre the seid erle of Wiltshire and his heires, and all othir persone or persones claymyng or havyng title or right to the seid maner, with thavowson aforeseid and crofte, with their appurtenaunces, to the use of the seid erle of Wiltshire or of his heires; for the love of God, and in way of charite. Wherefore may it please your most great and notable wisdoms to consider the foregoing, and to pray the king our sovereign lord that he, by the assent of his lords spiritual and temporal assembled in this present parliament, and by the authority of the same, will ordain and establish that the said John Neel, the present master of the said house or hospital, or his successors, may enter into the said manor of Hulcott with the aforesaid advowson and croft, with their appurtenances, and to have and to hold the said manor and advowson pertaining to it and croft, with their appurtenances, to the said master and his successors forevermore, without the interruption, impediment or prevention of the said earl of Wiltshire or of his heirs, or of any other person or persons claiming title to them or to their use, in performing the good abovementioned intent and disposition. Provided always that this act, statute or ordinance shall not exclude or bar any other person or persons from their title or right that they have to the said manor, with the advowson pertaining to it and [p. v-258][col. a] croft, with their appurtenances, but only to exclude and bar the said earl of Wiltshire and his heirs, and all other person or persons claiming or having title or right to the said manor, with the aforesaid advowson and croft, with their appurtenances, to the use of the said earl of Wiltshire or of his heirs; for the love of God, and by way of charity.
Qua quidem petitione, in parliamento predicto lecta, audita et plenius intellecta, eidem petitioni, de avisamento et assensu predictis, respondebatur sub hiis verbis: Which petition having been read, heard and fully understood in the aforesaid parliament, it was answered to the same petition, with the aforesaid advice and assent, in these words:
Soit fait come il est desire. (fn. v-227-527-1) Let it be done as it is desired. (fn. v-227-527-1)
Pro cantaria Thome Romayn in London'. Concerning the chantry of Thomas Romayn in London.
58. Item, quedam alia petitio exhibita fuit eidem domino regi, in parliamento predicto, per Johannem Lyouns capellanum, in hec verba: 58. Item, another petition was presented to the same lord king in the aforesaid parliament by John Lyons, chaplain, in these words:
To the kyng our soverain lord, the lordes spirituell and temporell, and the commons in this present parlement assembled, please hit to your highnesse of your habundaunte grace to considere: that where oon Thomas Romayn, sumtyme cetezein of London, in his testament proved and enrolled in the hustenge of the seid citee of Common Plees, holdyn the Monday next afore the fest of Seynt Dunstone, the yere of the reigne of Kyng Edward the son of Kyng Edward the sext, among othir legates, devysed and by his legate ordeyned, .vi. marks of annuell quyte rente to the sustenaunce of a prest perpetuell, to do and syng divyne service for evermore in the parissh churche of Seint Benet Shorhog, within the citee aboveseid, for the soule of the seid Thomas and all Cristen, to be perceived and taken yerely at the termes in the seid citee usuell for evermore, oute of his tenement within the same parissh, joynyng to the same churche on the north partie; the whiche device and legate, the noble princes Sir Edward sumtyme kyng of Englond the thirde, your noble progenitour, and Kyng Richard the seconde aftir the conquest, by ther lettres patentes severally confermed; by the force of the whiche legate and confirmations, John Lyouns nowe prest, doyng divyne service in the seid churche as a chauntrye prest, soo ordeigned aftir the fourme of the testament aboveseid, and his predecessours prestes ther, ordeigned by auctorite of the same testament, have < byn > possessed of the seid yerely rente of .vi. marks, .cxx. yeres and more, supposyng that in the seid citee of London, the seid legate with the same confirmations withoutyn more had been a chauntrie sufficiently founded in lawe by the fourme above rehersed, and to have stoud stable in perpetuite; which for certein dymynicion of the fourme of makyng used in the lawe, at these dayes is not holde sufficient. To the king our sovereign lord, the lords spiritual and temporal, and the commons assembled in this present parliament, may it please your highness from your abundant grace to consider: whereas one Thomas Romayn, sometime citizen of London, in his will proved and enrolled in the hustings of the said city of Common Pleas held on Monday next before the feast of St Dunstan in the sixth year of the reign of King Edward the son of King Edward [14 may 1313], among other legacies, bequeathed and by his legacy ordained 6 marks of annual quit rent for the support of a perpetual priest to perform and sing divine service forevermore in the parish church of St Benedict, Shoreditch, within the abovesaid city, for the soul of the said Thomas and all Christian people, to be received and taken each year at the usual terms in the said city forevermore from his tenement within the same parish, adjoining the same church on the northern side; which bequest and legacy the noble princes the lord Edward the third, sometime king of England, your noble progenitor, and King Richard the second since the conquest separately confirmed by their letters patent; by force of which legacy and confirmations John Lyons, the present priest performing divine service in the said church as a chantry priest thus appointed according to the form of the abovesaid will, and his predecessors as priests there, appointed by the authority of the same will, have been possessed of the said annual rent of 6 marks for 120 years and more, supposing that the said legacy in the said city of London with the same confirmations, without more confirmations, was a chantry sufficiently established in law by the abovementioned form, which would have remained perpetual forever; which, because of a reduction in the formula used in the law, is not considered sufficient these days.
And these premisses thus considered, that hit lyke your habundaunte grace, by thavise and assent of the lordes spirituell and temporell, and the cominalte of Englond in this your present parlement assembled, < yn > accomplysshyng of the seid devoute entente of the seid Thomas Romayn, by the auctorite of this same presente parlemente, to ordeyne and establysh a perpetuell chauntrye, of a prest perpetuell, to synge daily withoute ende divyne service in the seid churche, for your noble estate, the soules of your noble progenitours for evyr, and the soule of the seid Thomas Romayn, accordyng to his seid entente; and that the seid John Lyouns be preste perpetuell of the same. And that the makyng, fundation and stablysshyng of the same, begynne and take effecte and full strengh the .xxiij. day of Aprille, on Seynt Georges day, the third yere of your full gracious reigne, at the whiche day the said John Lyouns was first deputed to syng in the seid churche for the seid Thomas Romayn, accordyng to his seid entent; < and that the seid > chauntrye, [col. b] by the seid auctorite so to be holdyn and repute fro that day forthe for evermore, and be called withoutyn ende Romayns chauntrye. And that by the same auctorite, John Horle nowe parson, and the parisshens of the seid churche and their successours for evermore, mowe atte tyme of every avoydaunce of the same chauntrie of a prest, put, ordeyn and set a preste perpetuell in the seid chauntrye, accordyng to the seid devout entente of the seid Thomas Romayn. And that the same John Lyouns nowe preste, and everyche of his successours prestes of the same chauntrie for the tyme beyng, in the same chauntrie so put and ordeyned, mowe by the auctorite of the seid parlement, by the name of the prest perpetuell of the chauntrie called Romayns chauntrie, emplede and be empleded, in all maner actions reall, personell and mixtes, suytes, quereles and demaundes, in all maner of courtes, aswill afore you our said soverain lord the kyng, and your heires and successours, as afore the justices, officers and minystres of theyme, or afore eny othir juge spirituell or temporell whatsomever they be, and in the same to wynne and lese, as the case in that partie shall require. And also to graunte and ordeyne by the same auctorite, that the seid John now chapelleyn, and his successours for ever, have and enjoye the seid rente of .vi. marks with the arrerages of the same, from the seid .xxiij. day forth imperpetuite. And that if the seid annuel rente of .vi. marks or eny parcell therof, be at eny terme of the termes usuell aboveseid, behynde onpaide to the seid John Lyouns nowe preste of the seid chauntrie, or to eny of his successours hereaftir for the tyme beyng prest of the seid chauntrie; that than it shall be lefull to the same John nowe prest, and his sucessours for evermore, that is to sey, eche for the rente of the seid .vi. marks or eny parcell therof beyng behynde, and for the arrerages of the same ronne aftir the seid .xxiij. day of Aprille, in alle the seid tenementes entre, and by alle godes and catelles ther founde distreyne, and the distresses take oute and reteyne, unto tyme that the seid John nowe prest for alle his tyme, and eche of his successours for her tyme, of alle the seid yerely rente of .vi. marks for ther sustenaunce, and of the arrerages of the same rente, be duely satisfied and contente: savyng alway to the tenaunte or tenauntes of the seid tenementys charged, their avauntage, allegeaunce and exceptions, in dischargyng of the seid tenementes, be eny tayille, matier or case resonable, comensed before the seid legate of the seid Thomas Romayn. Provided also, that the seid tenaunte and tenauntes, be quyte and discharged of as muche of the seid rente as hath be paide to the seid John Lyouns seth the seid .xxiij. day of Aprille, in the thirde yere of your noble reigne aboveseid. And with these premisses having thus been considered, may it please your abundant grace, by the advice and assent of the lords spiritual and temporal, and the commons of England assembled in this your present parliament, in fulfilment of the said devout intent of the said Thomas Romayn, by the authority of this same present parliament, to ordain and establish a perpetual chantry for a perpetual priest to sing daily divine service in the said church forever, for your noble estate, the souls of your noble progenitors forever, and the soul of the said Thomas Romayn according to his said will; and that the said John Lyons shall be perpetual priest of the same. And that the creation, foundation and establishment of the same shall begin and take effect and full force on 23 April, St George's day, in the third year of your most gracious reign [1425], on which day the said John Lyons was first appointed to sing in the said church for the said Thomas Romayn according to his said will; and that by the said authority the said chantry [col. b] shall be held and considered thus from that day forth for evermore, and be called Romayn's chantry forever. And that by the same authority John Horle, the present parson, and the parishioners of the said church and their successors forevermore may, at the time of every vacancy for a priest for the same chantry, ordain, place and appoint a perpetual priest in the said chantry according to the said devout will of the said Thomas Romayn. And that the same John Lyons, the present priest, and each of his successors as priests of the same chantry at the time thus placed and ordained in the same chantry may, by the authority of the said parliament, implead and be impleaded by the name of the perpetual priest of the chantry called Romayn's chantry, in all manner of actions real, personal and mixed, suits, actions and demands in all manner of courts, before both you, our said sovereign lord the king, and your heirs and successors, and before the justices, officers and officials of them, or before any other spiritual or temporal judge whomsoever they be, and to win and to lose in the same as the case shall dictate. And also to grant and ordain by the same authority that the said John the present chaplain and his successors forever may have and enjoy the said rent of 6 marks, with the arrears of the same from the said 23rd, henceforth forevermore. And that if the said annual rent of 6 marks, or any part of it, is in arrears at any term of the usual abovesaid terms to the said John Lyons, the present priest of the said chantry, or to any of his future successors at the time as priest of the said chantry, that then it shall be lawful for the same John, the present priest, and his sucessors forevermore, that is to say, each for the rent of the said 6 marks or any part of it which is in arrears, and for the arrears of the same after the said 23 April, to enter all the said tenements, and distrain all the goods and chattels found there, and remove and retain the distraints until the said John, the present priest, is duly satisfied and paid for all his time, and each of his successors for their time, of all the said annual rent of 6 marks for their support, and of the arrears of the same rent: saving always to the tenant or tenants liable for the said tenements their advantage, allegiance and exceptions in the discharge of the said tenements by any tally, matter or reasonable case begun before the said legacy of the said Thomas Romayn. Provided also that the said tenant or tenants shall be quit and discharged of as much of the said rent as has been paid to the said John Lyons since the said 23 April in the abovesaid third year of your noble reign.
Qua quidem petitione, in parliamento predicto lecta, audita et plenius intellecta, eidem petitioni, de avisamento et assensu < dominorum spiritualium et temporalium, ac > communitatis regni nostri Anglie in eodem parliamento existentium, respondebatur in forma subsequente: Which petition having been read, heard and fully understood, it was answered to the same petition, with the advice and assent of the lords spiritual and temporal and of the commons of our realm of England assembled in the same parliament,in the following form:
Soit fait come il est desire. Let it be done as it is desired.
Pro regina. On behalf of the queen.
59. Item, quedam cedula cum signo manuali dicti domini regis signata, prefatis communibus in parliamento predicto existentibus, de mandato ejusdem domini regis exhibita fuit et liberata, pro Margareta regina Anglie, sub eo qui sequitur tenore verborum: 59. Item, a certain schedule sealed with the sign manual of the said lord king was presented and delivered to the aforesaid commons assembled in the aforesaid parliament at the command of the same lord king on behalf of Margaret, queen of England, under that tenor of words which follow:
Rex, omnibus ad quos etc. salutem. Sciatis, quod cum nos in parliamento nostro apud Westm', vicesimo quinto die Februarii, anno regni nostri vicesimo tertio inchoato et tento, (fn. v-227-544-1) et usque vicesimum nonum diem [p. v-259][col. a] Aprilis tunc proximum sequentem adjornato et prorogato, posteaque usque vicesimum diem Octobris tunc proximum sequentem adjornato, et ab eodem vicesimo die Octobris, usque vicesimum quartum diem Januarii tunc proximum sequentem adjornato et prorogato, de avisamento et assensu dominorum spiritualium et temporalium, ac communitatis regni nostri Anglie in eodem parliamento existentium, ac auctoritate ejusdem parliamenti, per litteras nostras patentes inter alia assignaverimus, precarissime consorti nostre Margarete regine Anglie, in partem sue dotis .m. libras; habendas et percipiendas annuatim a festo Sancti Michaelis, anno regni nostri vicesimo quarto, ad terminum vite sue tam de parvis quam de magnis custumis nostris, heredum et successorum < nostrorum, > in portu ville nostre Suthampton', per manus collectorum earumdem custumarum pro tempore existentium, ad terminos Pasche et Sancti Michaelis per equales portiones, prout in litteris predictis plenius continetur. Ac in parliamento nostro apud Westm' ultimo tento ordinatum fuisset, quod nos preferraremur in solutione viginti milium librarum percipiendarum de custumis et subsidiis provenientibus et crescentibus de omnimodis mercandisis in portus nostros London' et Suthampton' venientibus, et de portubus illis exeuntibus, a festo natalis domini, anno regni nostri vicesimo nono, usque idem festum per duos annos tunc proximos sequentes, prout in eadem ordinatione plenius continetur; causa cujus preferramenti, eadem consors nostra ullam solutionem de predictis .m. libris annuis, aut aliquam inde parcellam, per predictos duos annos minime percipere potuisset. Jamque ex parte prefate consortis nostre nobis in hac parte monstratum existat, qualiter ipsa post predictos duos annos hucusque de et in solutione sive perceptione dictarum .m. librarum annuarum sibi fiendarum nimis prolongatur et retardatur, pro eo quod per diversas litteras nostras patentes per diversas personas separatim sibi perquisitas, videlicet, per aliquas earumdem personarum, de licentia eskippandi mercandisas in predicto portu Suthampton', absque custumis et subsidiis nobis inde aliqualiter solvendis, ac per earum aliquas, de licentia eskippandi hujusmodi mercandisas in eodem portu Suthampton', retinendo in manibus suis custumas et subsidia nobis inde debita et pertinenta, necnon per aliquas dictarum personarum, de licentia eskippandi hujusmodi mercandisas in eodem portu, pro nobis et nomine nostro, unde nec alique custume neque subsidia nobis in hac parte aliqualiter provenire seu pertinere possint aut debeant; ita quod grandis vel major pars dictarum .m. librarum annuarum, a predicto festo natalis domini ultimo preterito hucusque sibi a retro existit; unde nobis ex parte sua supplicatum est, quatenus sibi pro promptiori et efficaciori solutione predictarum .m. librarum annuarum sibi fiendarum graciose providere dignaremur. Nos premissa considerantes, ac solutionem magis efficacem prefate consorti nostre in hac parte fieri cupientes, ut tenemur, de gratia nostra speciali, et de avisamento et assensu dominorum spiritualium et temporalium, ac communitatis regni nostri Anglie in presenti parliamento nostro existentium, ac auctoritate ejusdem parliamenti, concessimus et concedimus eidem consorti nostre, quod ipsa habeat et percipiat totum id quod ei a retro est de predictis .m. libris annuis, ante festum natalis domini ultimo preteritum, de primis denariis tam de omnimodis custumis nobis et heredibus nostris in portu predicto debitis et pertinentibus, quam de omnimodis subsidiis nobis ante hec tempora concessis, vel imposterum nobis, heredibus sive successoribus nostris auctoritate parliamenti concedendis, de quibuscumque bonis et mercandisis in dicto portu Suthampton' qualitercumque provenientibus sive crescentibus; ac etiam dictas .m. libras annuas a festo natalis domini ultimo preterito, pro termino vite sue, de [col. b] primis denariis provenientibus de omnimodis custumis nobis, heredibus et successoribus nostris in eodem portu Suthampton' quovis modo debitis seu debendis, tam de omnimodis bonis et mercandisis in eundem portum Suthampton' venientibus, quam ab eodem portu exeuntibus, per manus custumariorum sive collectorum eorumdem custumarum et subsidiorum in portu illo pro tempore existentium, ad terminos Pasche et Sancti Michaelis per equales portiones. Et quod quecumque persona vel persone, que imposterum acceptant, optinent et ponunt in executionem aliquam hujusmodi licentiam predictam, et similiter ipse et ipsi ad cujus vel ad quorum usum aliqua hujusmodi licentia concessa existit vel concessa fuerit et habita, et per ipsos vel per aliquem alium per eorum aggreamentum et consensum in executionem posita fuerit, in eodem portu Suthampton', crico vel aliquo alio loco eidem portui adjacente sive spectante, contra presentem concessionem nostram, seu in derogationem ejusdem, extra protectionem nostram sint et ponantur, et quod bene licebit cuilibet ligeo nostro, qui tam pro nobis quam pro se ipso prosequi voluerit, habere consimilem actionem super ordinatione ista prout super statuto pro stapula Calisie, in parliamento nostro apud Westm' anno regni nostri vicesimo septimo tento edito ordinatum existit, versus quamcumque personam contra istam ordinationem delinquentem, et habere talem processum in hac parte prout in statuto de provisoribus provisum existit, vel talem processum prout in brevi de transgressione contra pacem nostram facta per communem legem usum existit, ad electionem partis conquerentis; quodque quilibet custumarius, contrarotulator, collector et supervisor, qui aliquas lanas, pelles [memb. 6] lanutas, pannos laneos, vel aliquas alias mercandisas eskippari infra eundem portum Suthampton', cricum vel aliquem alium locum eidem portui adjacentem sive spectantem, ubi ipsi officiarii existunt, virtute alicujus licentie vel colore inde vel vigore alicujus brevis vel mandati nostri, in affirmando vel approbando aliquam hujusmodi licentiam eis directi seu dirigendam, prout superius recitatur, vel aliquas hujusmodi mercandisas ab eodem portu, crico vel loco eidem portui adjacente et pertinente, extra regnum nostrum Anglie non custumatas, vel ad bilanxem nostram in predicto portu Suthampton' minime ponderatas, tales quales ponderari debebunt, transire permittunt, penam et forisfacturam superius recitatas incurrant. Ac ipse et ipsi habeantur et adjudicentur modo consimili, prout ipse qui aliquam licentiam ad aliquas mercandisas de stapula ad aliquem alium locum quam ad stapulam nostram Cales' cariandum executus fuerit, postquam ipse inde convictus fuerit ad sectam ipsius qui in hoc casu prosequi voluerit; et quod bene licebit cuicumque ligeo nostro, in hoc casu prosequi volenti, habere talem actionem versus predictos custumarios, collectores, contrarotulatores et supervisores, prout in dicta ordinatione pro stapula Calis' dicto anno vicesimo septimo edito, versus eosdem provisum existit, sicut in ordinatione illa plenius continetur. The king to all to whom etc., greeting. Know that whereas we in our parliament commenced and held at at Westminster on 25 February in the twenty-third year of our reign [1445] (fn. v-227-544-1) and adjourned and prorogued until 29 [p. v-259][col. a] April then next following, and afterwards adjourned until 20 October then next following, and adjourned and prorogued from the same 20 October until 24 January then next following, with the advice and assent of the lords spiritual and temporal and of the commons of our realm of England assembled in the same parliament, and by the authority of the same parliament, by our letters patent we have assigned, among other things, to our dearest consort Margaret, queen of England £1,000 as part of her dower; to have and receive each year from Michaelmas in the twenty-fourth year of our reign [1445] for the term of her life from both our petty and great customs, [and] those of our heirs and successors, in the port of our town of Southampton by the hands of the collectors of the same customs at the time at the terms of Easter and Michaelmas in equal parts, as is more fully contained in the aforesaid letters. And in our parliament last held at Westminster [1450] it was ordained that we be preferred in the payment of £20,000 to be received from the customs and subsidies issuing from and accruing for all kinds of merchandise entering our ports of London and Southampton and being exported from those ports from Christmas in the twenty-ninth year of our reign until the same feast next following in two years time, as is more fully contained in the same ordinance; by reason of which preferment our same queen consort has been unable to receive any payment of the aforesaid annual £1,000, or any part of it, for the aforesaid two years. And now it is pointed out to us on behalf of our aforesaid queen consort how after the aforesaid two years the payment or receipt of the said annual £1,000 which was to be made to her has been excessively delayed, because by our various letters patent sought separately by several persons, namely, by some of the same persons for a licence to ship merchandise in the aforesaid port of Southampton without any customs or subsidies to be paid thereupon to us, and by some of them for a licence to ship such merchandise in the same port of Southampton, retaining in their hands the customs and subsidies due and pertaining to us thereupon, and also by some of the said persons for a licence to ship such merchandise in the same port for us and in our name on which neither any customs nor any subsidies could or ought to issue or pertain to us in that regard in any way; so that a large or the greater part of the said annual £1,000 is in arrears to her from the said Christmas last past till now; whereupon it is beseeched to us on her behalf that we might graciously deign to ensure the prompt and effective payment of the aforesaid annual £1,000 be made to her. We, considering the foregoing, and desiring more effective payment be made to our aforesaid queen consort, as we are obliged, from our special grace, and with the advice and assent of the lords spiritual and temporal, and of the commons of our realm of England assembled in our present parliament, and by the authority of the same parliament, have given and granted to our same queen consort that she shall have and receive all that which is in arrears of the aforesaid annual £1,000 before Christmas last past from the first money issuing or accruing in any way from both all customs on any goods and merchandise in the said port of Southampton pertaining to us and our heirs in the aforesaid port, and from all subsidies granted to us before this time, or to be granted hereafter to us, our heirs or successors, by the authority of parliament; and also the said annual £1,000 from Christmas last past for the term of her life from [col. b] the first money issuing from all customs due or to be due in any way to us, our heirs and successors in the same port of Southampton from both all goods and merchandise entering the same port of Southampton and being exported from the same port by the hands of the customs officers or collectors of the same customs and subsidies in that port at the time in equal parts at the terms of Easter and Michaelmas. And it is ordained that any person or persons who hereafter accept, obtain and put in execution any such aforesaid licence, and also he or they to the use of whom any such licence is granted or will be granted and obtained, and which is put in execution by them or by any other by the agreement and consent of them in the same port of Southampton, creek or any other place close to or belonging to the same port contrary to our present grant, or in derogation of the same, shall be and shall be put outside our protection, and that it will be wholly lawful for any of our lieges who wishes to sue the same both for us and for himself to have similar action on this ordinance as on the statute promulgated for the staple of Calais in our parliament held at Westminster in the twenty-seventh year of our reign against any person who offends against this ordinance, and to have such process in that regard as is provided in the statute of provisors, or such process as is used by the common law in a writ of trespass committed against our peace, at the choosing of the plaintiff; and that any customs officer, controller, collector and supervisor who allows any wool, woolfells [memb. 6] woollen cloth or any other merchandise to be shipped in the same port of Southampton, creek or any other place close to or belonging to the same port where the same officials are by virtue or pretext of any licence thereupon or by force of any writ or mandate of ours in confirming or approving any such licence directed or to be directed to them, as is noted above, or any such merchandise from the same port, creek or place close to and belonging to the same port, creek or place close to and belonging to the same port out of our realm of England uncustomed, or not weighed at our balance in the aforesaid port of Southampton, when it ought to be weighed, shall incur the penalty and forfeiture noted above. And he and they shall be held and judged in a similar way as he who executes any licence to carry any merchandise of the staple to any place other than to our staple of Calais after he has been convicted thereupon at the suit of the man who wishes to sue in this case; and that it will be wholly lawful for any of our lieges who wishes to sue in this regard to have such action against the aforesaid customs officers, collectors, controllers and supervisors as is provided in the said ordinance promulgated for the staple of Calais in the said twenty-seventh year against the same [1449], as is more fully contained in that ordinance.
Proviso semper, quod vigore presentis concessionis, ordinationis sive actus, nullum prejudicium justiciariis nostris de uno banco vel de altero, justiciariis nostris ad assisas capiendum assignatis, servientibus nostris ad legem, nec attornato nostro in curiis nostris, nec alicui actui vel ordinationi ipsos tangenti, in parliamento nostro apud Westm' anno regni nostri decimo octavo tento edito, (fn. v-227-546-1) nec aliis justiciariis nostris quibuscumque, nec alicui persone de aliqua annuitate per nos vel aliquem progenitorum nostrorum sibi de premissis vel de aliquo premissorum concessa, quovis modo generetur. In cujus etc. Provided always that by force of the present grant, ordinance or act no prejudice will be generated in any way to our justices of King's Bench or Common Bench, our justices assigned to hold assizes, our serjeants-at-law, or to our attorney in our courts, nor to any act or ordinance touching the same promulgated in our parliament held at Westminster in the eighteenth year of our reign, (fn. v-227-546-1) nor to any of our other justices, nor to any person as regards any annuity granted by us or any of our progenitors to him from the foregoing or from any of the foregoing. In [witness] of which etc.
Cui quidem cedule iidem communes assensum suum prebuerunt sub hiis verbis: To which schedule the same commons offerred their assent under these words:
A cest bille les commyns sount assentuz. To this bill the commons are agreed.
[p. v-260]
[col. a]
Quibus quidem cedula et assensu, coram ipso domino rege in parliamento predicto, ac dominis, ac dominis spiritualibus et temporalibus in eodem existentibus lectis, auditis et plenius intellectis, idem dominus rex, de avisamento et assensu eorumdem dominorum et communitatis, concessit omnia et singula in cedula et assensu predictis specificata, ac litteras suas patentes inde fieri mandavit. Salva mercatoribus de Janua, libertate excercendi eorum licentias sibi de avisamento consilii concessas pro bonis seu pecuniis per ipsos mutuatis, ad retinendum in manibus suis custumas vel subsidia de lanis et aliis mercandisis, per ipsos extra regnum nostrum Anglie eskippandis, et de mercandisis penes ipsos in regnum predictum venientibus, quousque sibi de arreragiis a retro existentibus pro bonis et pecuniis predictis sic mutuatis resolutum fuerit et plenarie contentatum: et quod presens actus incipiat esse in suo robore et effectu, primo die Maii proximo futuro, quodque actus non extendat ad restrictionem concedendam aliquam licentiam de hujusmodi subsidiis, postquam eidem consorti nostre de predictis duobus milibus librarum fuerit resolutum. Which schedule and assent having been read, heard and fully understood before the lord king himself in the aforesaid parliament and the lords and the lords spiritual and temporal assembled in the same, the same lord king, with the advice and assent of the same lords and commons, granted each and every thing specified in the aforesaid schedule and assent, and commanded his letters patent be made thereupon. Saving to the merchants of Genoa the freedom to use their licences granted to them with the advice of the council for goods or money loaned by them to retain in their hands the customs or subsidies on wool and other merchandise to be shipped from our realm of England by them themselves, and the merchandise in their possession being imported to the aforesaid realm, until the arrears owed to them for the aforesaid goods and money thus loaned has been repaid and fully satisfied: and that the present act shall take its force and effect on 1 May next following, and that act shall not extend to restricting the grant of any licence on such subsidies once the aforesaid £2,000 has been paid to our same queen consort.
Pro regina. On behalf of the queen.
60. Item, quedam cedula cum signo manuali dicti domini regis signata, prefatis communibus in parliamento predicto existentibus, de mandato ejusdem domini regis exhibita fuit et liberata, pro Margareta regina Anglie, sub eo qui sequitur tenore verborum: 60. Item, a certain schedule sealed with the sign manual of the said lord king was presented and delivered to the aforesaid commons assembled in the aforesaid parliament at the command of the same lord king on behalf of Margaret, queen of England, under that tenor of words which follow:
Rex, omnibus ad quos etc., salutem. Sciatis quod cum nos decimo nono die Martii, anno regni nostri vicesimo quarto, (fn. v-227-558-1) [...] de avisamento et assensu dominorum spiritualium et temporalium, ac communitatis regni nostri Anglie, in parliamento nostro apud Westem' vicesimo quinto die Februarii, anno regni nostri vicesimo tertio inchoato et tento, et usque vicesimum nonum diem Aprilis tunc proximum sequentem adjornato et prorogato, posteaque usque vicesimum diem Octobris tunc proximum sequentem adjornato, et ab eodem vicesimo die Octobris, usque vicesimum quartum diem Januarii tunc proximum sequentem adjornato et prorogato existentium, auctoritate ejusdem parliamenti, concesserimus et assignaverimus Margarete precarissime consorti nostre, tres .m. sexcentas sexaginta sex libras, tresdecim solidos et quatuor denarios habendendas et percipiendas eidem consorti nostre annuatim ad terminum vite sue, a festo Sancti Michaelis dicto anno vicesimo quarto, ad terminos Pasche et Sancti Michaelis, per equales portiones, in partem dotis sue in forma subsequenti. Videlicet, .m. libras inde annuatim ad terminos supradictos, tam de parvis quam de magnis custumis nostris, heredum et successorum nostrorum, in portu ville nostre Suthampton', per manus collectorum earumdem custumarum pro tempore existentium; et .m. et octo libras, quindecim solidos et quinque denarios inde per annum ad terminos predictos, de exitibus, reventionibus et proficuis ducatus nostri Cornub', ac de exitibus, proficuis < et reventionibus > stannarie et tunagii stanni in comitatibus Cornub' et Devon', per manus generalis receptoris nostri, heredum et successorum nostrorum ejusdem ducatus, et quorumcumque aliorum occupatorum sive firmariorum eorumdem proficuorum, exituum et reventionum pro tempore existentium; ac .m. sexcentas quinquaginta et septem libras, decem et septem solidos et undecim denarios inde per annum, ad eosdem terminos ad scaccarium nostrum, heredum et successorum nostrorum, per manus thesaurarii et camerarii ejusdem scaccarii pro tempore existentium, < tam de primis > denariis provenientibus de profris vicecomitum et escaetorum nostrorum, heredum et successorum nostrorum, quam de quibuscumque aliis exitibus, proficuis, firmis, debitis et reventionibus, ad scaccarium predictum solvendos, quousque nos, heredes seu successores nostri, eidem consorti nostre de [col. b] terris, tenementis, redditibus ac aliis possessionibus, ad valorem dicti trium milium sexcentarum sexaginta sex librarum, tresdecim solidorum et quatuor denariorum per annum, infra regnum nostrum Anglie, in partem dotis sue, seu alias ad terminum vite sue habendum faceremus provideri et recompensari. Et insuper, auctoritate predicta voluerimus et concesserimus, quod prefata consors nostra, de terris, tenementis, redditibus et possessionibus, que primitus in manus nostras, seu heredum nostrorum devenirent seu acciderent, per nos et dictos heredes nostros, in deductionem et satisfactionem predictarum milium sexcentarum sexaginta sex librarum, tresdecim solidorum et quatuor denariorum, tenend[is] in dotem suam predictam provideretur et recompensaretur; ac postmodum pro majori securitate recompensationis predicte, de assensu et avisamento dominorum spiritualium et temporalium, ac communitatis regni nostri Anglie, in parliamento nostro apud Bury Sancti Edmundi, decimo die Februarii, anno regni nostri vicesimo quinto inchoato et tento, (fn. v-227-558-2) auctoritate ejusdem parliamenti ordinaverimus et concesserimus, quod predicta Margareta consors nostra, haberet reversionem et reversiones omnium castrorum, dominiorum, maneriorum, terrarum, tenementorum, reddituum et possessionum, quorumcumque tenentium nostrorum in feodo talliato, ac etiam ad terminum vite vel annorum nobis ullo modo spectant' sive spectantes, cum reversio ac reversiones illa vel ille accideret et acciderent, una cum quibuscumque aliis castris, dominiis, maneriis, terris, tenementis, redditibus et possessionibus, < que ad manus nostras, heredum et successorum > nostrorum, extunc in feodo simplici vel talliato justo titulo devenirent, cum omnibus et singulis feodis militum, advocationibus ecclesiarum, abbatiarum, prioratuum, decanatuum, collegiorum, capellarum, cantariarum, prioratuum, hospitalium et aliorum beneficiorum quorumcumque, visis franciplegii, curiis, hundrediis, wappentagiis, releviis, escaetis, feriis, mercatis, forestis, chaceis, warennis, officiis, franchesiis, libertatibus et liberis consuetudinibus, eisdem castris, dominiis, maneriis, terris, tenementis, redditibus, reversionibus et possessionibus qualitercumque pertinentiis sive spectantibus, per liberationem inde extra manus nostras in cancellaria nostra prosequend': tenend[um] in dotem suam ad terminum vite sue, in recumpensationem, satisfactionem et deductionem dicti trium milium sexcentarum sexaginta sex librarum, tresdecim solidorum et quatuor denariorum, prout in litteris nostris patentibus inde confectis plenius continetur. Ac postmodum, per quandam inquisitionem apud Hereford', vicesimo die Maii, anno regni nostri vicesimo nono, coram Hugone Mortymer milite, Thoma Fitz Harry, et Johanne Barre milite, vicecomitibus comitatus predicti, de mandato nostro captam, et in cancellariam nostram retornatam, sit compertum quod comitatus, castrum et dominium de Pembroke cum membris et pertinentiis suis, scilicet, hundredum et dominium de Castelmartyn, dominium de Sancto Florencio, dominium et foresta de Coydrath, castrum, dominium et villa de Teneby, et dominium et balliva de West Pembroke et Est Pembrok', ac ballive de Dongledy, Rous et Kenmeys, necnon medietas pessagii de Burton, cum eorum membris et pertinentiis quibuscumque, valent per annum in omnibus exitibus; videlicet, de redditibus assisis liberorum tenentium et redditibus gabularorum tenentium, in comitatu, castro, dominiis, villis, hundredo et ballivis predictis, per annum ultra reprisas, centum quaterviginti et sexdecim libras, tres solidos et septem denarios. De exitibus et proficuis molendinorum ventriticorum et aquaticorum ibidem per annum ultra reprisas, triginta libras, tresdecim solidos et quatuor denarios. De exitibus carbon[ariorum] terrestr[ium] apud Coydrath predictum lucrat[as] per annum ultra reprisas, quadraginta et tres solidos et quatuor denarios. < De custumis > [p. v-261][col. a] < tenentibus infra forestam > < de > Coydrath per annum ultra reprisas, quinquaginta et duos solidos. De exitibus et proficuis, prisis, servitiis, et medon', ac tolnetum ementium et vendentium in villis de Pembrok et Teneby per annum ultra reprisas, octo libras, tres solidos et septem denarios. De exitibus medietatis passagis < de Burton' per annum ultra reprisas, > sexdecim solidos et decem denarios. De proficuis et perquisitis curiarum et hundredorum in comitatu, castro, dominiis et villis predictis annuatim tenendorum per annum ultra reprisas, tresdecim libras, quatuordecim solidos et sex denarios. De proficuis et perquisitis comitatus et curie porte castri Pembrochie et comitatus dicti comitatus Pembrochie, una cum wrecco maris, deodandis, escaetis, releviis, vagis, extrahuris, catallis felonum, fugitivorum, utlagatorum et transgressorum quovismodo forisfactis, necnon catallis waiviatis per ballivos de West Pembrok, Est Pembrok, Dongledy, Rous et Kenmeys annuatim fore levand' per annum ultra reprisas, viginti et sex libras, tresdecim solidos et quatuor denarios: et de exitibus, proficuis, prisis vini in portu de Milleford, et in portu ville Teneby, sive alibi in comitatu predicto accidentibus per annum ultra reprisas, sex libras, tresdecim solidos et quatuor denarios. Et quod castrum, villa et dominium de Kilgarran, cum membris et pertinentiis suis, scilicet, dominiis de Emelyn, Mainordeive, Diffrinbruan, ac foresta de Kenendrym, cum eorum membris et pertinentiis, valent in omnibus exitibus, videlicet, de redditibus liberorum et gabularorum tenenctiun in eisdem castro, villa, dominiis et foresta predictis per annum ultra reprisas, viginti et tres libras, sexdecim solidos, septem denarios et unum obolum. De perquisitis et proficuis curiarum et hundredorum in eisdem castro, < villa et > dominiis tentorum annuatim, una cum releviis, escaetis, deodandis, wrecco maris, vagis, extrahuris, catallis < waiviatis, > et catallis felonum, fugitivorum, utlagatorum et transgressorum quovismodo forisfactis per annum ultra reprisas, quatuordecim libras et decem solidos. De exitibus et firmis molendinorum in eisdem castro, villa et dominiis per annum, quinquaginta et quatuor solidos: et de exitibus et proficuis de Kilgarran subtus castrum et forestam predictos per annum ultra reprisas, tresdecim libras, sex solidos et octo denarios: et quod castrum, dominium et villa de Lanstephan, cum membris et pertinentiis suis, scilicet dominio de Penryn et le Verye, una cum dominiis de < Estourlowe, > Trayne, Clynton' et Sancto Claro, cum eorum membris et pertinen' quibuscumque, valent per annum in omnibus exitibus, videlicet, de libero redditu in eisdem castro, villa et dominiis predictis per annum ultra reprisas, viginti et sex libras, duodecim solidos, unum denarium et unum obolum. De exitibus et firmis terrarum, pratorum et pasturarum dominicalium, una cum agistamentis animalium ibidem per annum ultra reprisas, decem et septem libras, sex solidos, tres denarios et unum obolum. De exitibus et proficuis molendinorum ibidem per annum ultra reprisas, quadraginta et tres solidos et quatuor denarios: et de proficuis et perquisitis curiarum et hundredorum ibidem annuatim tenendorum, una cum releviis, escaetis, deodandis, wrecco maris, vagis, extrahuris, catallis waiviatis, necnon catallis felonum, fugitivorum et utlagatorum, ac aliorum bonorum et catallorum casualium ibidem accidentium et quovismodo forisfactorum per annum ultra reprisas, undecim libras, decem et novem solidos et decem denarios: que quidem comitatum, castrum, dominia et villa, ac cetera premissa, ad summam quadringentarum librarum, duorum solidorum et octo denariorum extendebantur per annum; prout per inquisitionem predictam plenius apparet. Subsequenterque, videlicet, vicesimo tertio die Julii, anno regni nostri vicesimo nono, per breve nostrum preceperimus tunc escaetori nostro in comitatu Hereford', ac marchiis Wallie eidem comitatui adjacentibus, quod com[itatum], castra, dominia et villas predicta, ac cetera premissa [col. b] cum pertinentiis in balliva sua, que virtute cujusdam actus in parliamento nostro apud Westm' anno regni nostri vicesimo octavo tento facti resumpta fuerunt in manum nostram, et in manu nostra ex ea causa extiterunt; prout per quoddam breve de privato sigillo venerabili patri Johanni cardinali et tunc archiepiscopo Ebor' cancellario nostro directum, et in filaciis cancellarie nostre residens, plenius < apparet; prefate regine in valorem > dicte summe quadringentarum librarum, duorum solidorum et octo denariorum per annum, in partem recompensationis, satisfactionis et deductionis predicte summe trium milium sexcentarum sexaginta sex librarum, tresdecim solidorum et quatuor denariorum, liberaret habendorum in eundem valorem dicte summe quadringentarum librarum, duorum solidorum et octo denariorum per annum, in partem dotis sue, ad terminum vite sue, juxta tenorem litterarum nostrarum predictarum: sicut per inspectionem rotulorum < cancellarie nostre nobis > constat. Nos, ad effectum quod predilectus frater noster uterinus Jasper de Hatfeld, statum ob internam affectionem quam ad ipsum et dignitatem suas comitis Pembrochie alias de Pembrok, in quos ipsum nuper ereximus, decentius et honorificentius manutenere et sustentare valeat gerimus et habemus, de gratia nostra speciali, et de assensu prefate consortis nostre, ac de avisamento et assensu dominorum spiritualium et temporalium, ac communitatis regni nostri Anglie, in presenti parliamento nostro apud Redyng anno regni nostri tricesimo primo tento existentium, (fn. v-227-558-3) auctoritate ejusdem parliamenti, dedimus et concessimus prefato fratri nostro, comitatum, castra, dominia et villas predicta, ac cetera premissa cum pertinentiis; habendendum et tenendum, a festo Sancti Michaelis archangeli ultimo preterito, eidem fratri nostro, et heredibus suis masculinis de corpore suo exeuntibus. Et ad effectum quod nos recompensationem prefate consorti nostre, pro dictis comitatu, castris, dominiis ac ceteris premissis in forma subsequente concedere dignaremur, de gratia nostra, et de avisamento et assensu predictis, ac auctoritate presentis parliamenti nostri predicti, dedimus et concedimus prefate consorti nostre, manerium, villam et bertonam de Gillyngham in comitatu Dors' cum pertinentiis, ac forestam de Gillyngham. Castrum, dominium, manerium et hundredum de Odyham in comitatu Suthamton' < cum pertinentiis. Castrum, dominium et manerium de Rokyngham, ac etiam forestam de Rokyngham; necnon omnia assarta, vasta, > redditus, purpresturas, particulas, firmas et arentationes eorumdem, et particulas ejusdem foreste quascumque tam inter pontes Oxon' et Staunford', quam in comitatibus Oxon', Northt', Bedd', Buk', Cant' et Hunt'. Ac etiam villam et manerium de Brixstoke alias dictus Brigestoke in comitatu Northt'; ac boscos et ballivas de Cliff' et Brixstoke alias dictus Brigestoke in < eodem comitatu, > cum omnibus membris et pertintiis suis, simul cum feodis militum et advocationibus ecclesiarum, capellarum, cantariarum, hospitalium, eisdem castris, dominiis et maneriis, seu eorum alicui quovismodo pertinentibus; ac cum curiis, letis, feriis, mercatis et warennis, infra eadem castra, dominia et maneria; habendum et tenendum a festo Sancti Michaelis ultimo preterito predicta manerium, < villam et bertronam de Gillyngham, ac forestam > de Gillyngham. Castrum, dominium, manerium et hundredum de Odyham, castrum, dominium et manerium de Rokyngham, forestam de Rokyngham, assarta, vasta, redditus, purpresturas, particulas, firmas et arentationes eorumdem, et particulas ejusdem foreste, villam et manerium de Brixstoke alias Brigestoke, ac boscos et ballivas de Clyff et Brixstoke alias Brigestoke, cum omnibus membris et pertinentiis suis, eidem consorti nostre ad terminum vite sue, de quibuscumque annuitatibus exoneratibus. The king to all to whom etc., greeting. Know that whereas we on 19 March in the twenty-fourth year of our reign [1446], (fn. v-227-558-1) with the advice and assent of the lords spiritual and temporal and of the commons of our realm of England assembled in our parliament commenced and held at Westminster on 25 February in the twenty-third year of our reign and adjourned and prorogued until 29 April then next following, and afterwards adjourned until 20 October then next following, and adjourned and prorogued from the same 20 October until 24 January then next following, by the authority of the same parliament, granted and assigned to Margaret our dearest queen consort £3,666 13 s . 4 d . to be taken and received by our same queen consort each year for the term of her life from Michaelmas in the said twenty-fourth year in equal parts at the terms of Easter and Michaelmas as part of her dower, in the following form. That is to say, £1,000 of it each year at the abovesaid terms from both the petty and great customs of us, our heirs and successors in the port of our town of Southampton by the hands of the collectors of the same customs at the time; and £1,008 15 s . 5 d . of it each year at the aforesaid terms from the issues, revenues and profits of our duchy of Cornwall, and from the issues, profits and revenues of tin mines and of the tonnage on tin in the counties of Cornwall and Devon by the hands of the receiver-general of us, our heirs and successors of the same duchy, and of any other occupier or farmer of the same profits, issues and revenues at the time; and £1,657 17 s . 11 d . of it each year at the same terms at the exchequer of us, our heirs and successors, by the hands of the treasurer and chamberlain of the same exchequer at the time, from both the first money issuing from the proffers of the sheriffs and escheators of us, our heirs and successors and from all other issues, profits, farms, dues and revenues whatsoever to be paid at our aforesaid exchequer until we, our heirs or successors, have caused [col. b] lands, tenements, rents and other possessions to the value of the said £3,666 13 s . 4 d . to be provided and recompensed each year to our same queen consort within our realm of England as part of her dower, or otherwise for the term of her life. And in addition, we will and grant by the aforesaid authority that our aforesaid queen consort shall be provided and recompensed by us and our said heirs from the lands, tenements, rents and possessions which first come or fall to our hands or of our heirs in deduction and satisfaction of the aforesaid £3,666 13 s . 4 d ., to be held in her aforesaid dower; and afterwards for the greater guarantee of the aforesaid recompense, with the assent and advice of the lords spiritual and temporal and of the commons of our realm of England in our parliament begun and held at Bury St Edmunds on 10 February in the twenty-fifth year of our reign [1447], (fn. v-227-558-2) by the authority of the same parliament, we ordained and granted that the aforesaid Margaret, our queen consort, should have the reversion and reversions of all castles, lordships, manors, lands, tenements, rents and possessions of any of our tenants in fee-tail, and also for a term of life and of years belonging to us in any way, with that reversion which will fall due and those reversions which will fall due, together with any other castles, lordships, manors, lands, tenements, rents and possessions which will fall to our hands and of our heirs or successors henceforth by lawful title in fee-simple or fee-tail, with each and every one of the knights' fees, advowsons of churches, abbeys, priories, deaneries, colleges, chapels, chantries, priories, hospitals and any other benefices whatsoever, views of frankpledge, courts, hundreds, wapentakes, reliefs, escheats, fairs, markets, forests, chaces, warrens, offices, franchises, liberties and free customs pertaining or belonging to the same castles, lordships, manors, lands, tenements, reversions, rents and possessions in any way soever, by the delivery to be sued out of our hands in our chancery: to be held in her dower for the term of her life in recompense, settlement and satisfaction of the said £3,666 13 s . 4 d ., as is more fully contained in our letters patent made thereupon. And afterwards it was found by a certain inquest held by our command at Hereford on 20 May in the twenty-ninth year of our reign [1451] before Hugh Mortimer knight, Thomas FitzHenry and John Barre knight, sheriffs of the aforesaid county, and returned in our chancery, what the county, castle and lordship of Pembroke with its members and appurtenances, namely the hundred and lordship of Castlemartin, the lordship of St Florence, the lordship and forest of Coedely, the castle, lordship and town of Tenby, and the lordship and bailiwick of west Pembroke and east Pembroke, and the bailiwicks of Dongledy, Rhos and Kemeys and also a moiety of the pesage at Burton with all their members and appurtenances are worth a year in all issues; that is to say from the fixed rent of free tenants and the rent of gavel-paying tenants in the aforesaid county, castle, lordships, towns, hundred, and bailiwicks, £196 3 s . 7 d . a year besides the outgoings. >From the issues and profits of wind and watermills there £30 13 s . 4 d . a year besides the outgoings. From the issues of coal mines at aforesaid ?Coydrath 43 s . 4 d . profit a year besides the outgoings. From the customary [p. v-261][col. a] tenants within the forest of Coedely 52 s . a year besides the outgoings per annum. From the issues and profits, prise, services, and mead and tolls on buying and selling in the towns of Pembroke and Tenby £8 3 s . 7 d . a year besides the outgoings. From the issues of a moiety of the pesage at Burton 16 s . 10 d . a year besides the outgoings. From the profits and perquisites of the courts and hundred-courts in the aforesaid county, castle, lordships and towns held each year £13 14 s . 6 d . a year besides the outgoings. From the profits and perquisites of the county court and court of the port of Pembroke castle and the county court of said county of Pembroke, together with shipwrecks, deodands, escheats, reliefs, waifs, strays, the chattels of felons, of fugitives, of outlaws and trespassers having been forfeited in any way, and also abandoned chattels, to be levied each year by the bailiffs of west Pembroke, east Pembroke, Dongledy, Rhos and Kemeys £26 13 s . 4 d . a year besides the outgoings: and from the issues, profits [and] prises of wine arising in the port of Milford and in the port of Tenby or elsewhere in the aforesaid county £6 13 s . 4 d . a year besides the outgoings. And that the castle, town and lordship of Kilgarran with its members and appurtenances, namely the lordships of Emelyn, Manorowen, Dyffryn, and the forest of ?Kenendrym with their members and appurtenances, are worth in all issues, that is to say from the fixed rent of free tenants and the rent of gavel-paying tenants in the aforesaid castle, town, lordships and forest £23 16 s . 7 d . halfpenny a year besides the outgoings. From the perquisites and profits of the courts and hundred-courts held each year in the same castle, town and lordships, together with reliefs, escheats, deodands, shipwrecks, waifs, strays, abandoned chattels, the chattels of felons, of fugitives, of outlaws and trespassers having been forfeited in any way £40 10 s . a year besides the outgoings. From the issues and farms of mills in the same castle, town and lordships 54 s . a year: and from the issues and profits of ?Kilgarran below the aforesaid castle and forest £13 6 s . 8 d . a year besides the outgoings: and that the castle, lordship and town of Llanstephan with its members and appurtenances, namely the lordship of ?Penryn and ?le Verye, together with the lordships of ?Estourlowe, ?Trayne, Clinton and St Claire with all their members and appurtenaces whatsoever are worth in all issues a year, that is to say from the free rent of the same aforesaid castle, town and lordships £26 12 s . 1 d . halfpenny a year besides the outgoings. From the issues and farms of demesne lands, meadows and pastures, together with the agistment of animals there £17 6 s . 3 d . halfpenny a year besides the outgoings. From the issues and profits of mills there 43 s . 4 d . a year besides the outgoings: and from the profits and perquisites of the courts and hundred-courts held there there each year, together with reliefs, escheats, deodands, shipwrecks, waifs, strays, abandoned chattels, and also chattels of felons, of fugitives and of outlaws, and of other casual goods and chattels arising and forfeited in any way £11 19 s . 10 d . a year besides the outgoings: which county, castle, lordships and town and the other aforementioned things extend to the sum of £400 2 s . 8 d . a year as more fully appears by the aforesaid inquest. And afterwards, that is on 23 July in the twenty-ninth year of our reign we commanded by our writ to our then escheator in the county of Hereford and the marches of Wales adjoining the same county that the aforesaid county, castles, lordships and towns, and the other aforementioned things [col. b] with their appurtenances in his bailiwick which, by virtue of a certain act made in our parliament held at Westminster in the twenty-eighth year of our reign, were resumed into our hands, and are in our hands for that reason, as more fully appears by a certain writ under the privy seal directed to the venerable father John cardinal and then archbishop of York, our chancellor, and which has been placed in the files of our chancery; should be delivered to our aforesaid queen to the value of the said sum of £400 2 s . 8 d . a year, as part of the recompense, satisfaction and deduction of the aforesaid sum of £3,666 13 s . 4 d ., to be received to the same value as the said sum of £400 2 s . 8 d . a year as part of her dower for the term of her life according to the tenor of our aforesaid letters, just as is clear to us by inspection of the rolls of our chancery. We, to the end that our well-beloved uterine brother Jasper de Hatfield might maintain and support more fittingly and more honourably the estate to which we have recently elevated him on account of the innermost affection which we bear and have for him himself and his dignity of earl of Pembroke alias de Pembroke, from our special grace and with the assent of our aforesaid queen consort, and with the advice and assent of the lords spiritual and temporal and of the commons of our realm of England assembled in our present parliament held at Reading in the thirty-first year of our reign, (fn. v-227-558-3) by the authority of the same parliament, have given and granted to our aforesaid brother the aforesaid county, castles, lordships and towns and the other aforementioned things with their appurtenances, to have and to hold from Michaelmas last past to our same brother and his male heirs issuing from his body. And to the end that we might deign to grant recompense to our aforesaid queen consort for the said county, castles, lordships and other aforementioned things in the following form, from our grace and with the aforesaid advice and assent, and by the authority of our aforesaid present parliament, we have give and granted to our aforesaid queen consort the manor, town and barton of Gillingham in Dorset with their appurtenances, and Gillingham forest. The castle, lordship, manor and hundred of Odiham in Hampshire, with their appurtenances. The castle, lordship and manor of Rockingham, and also Rockingham forest; and also all assarts, wastes, rents, purprestures, parts, farms and commutations of the same, and any parts of the same forest between both the bridges of Oxford and Stamford and in the counties of Oxford, Northampton, Bedford, Buckingham, Cambridge and Huntingdon. And also the town and manor of Brigstock otherwise called Brigstoke in the county of Northampton; and the woods and bailiwicks of Cliffe and Brigstock otherwise called Brigstoke in the same county, with all their members and appurtenances, together with knights' fees and advowsons of churches, chapels, chantries [and] hospitals pertaining to the same castles, lordships and manors, or to any of them in any way; and with the courts, leets, fairs, markets and warrens within the same castles, lordships and manors; to have and to hold from Michaelmas last past the aforesaid manor, town and barton of Gillingham, and Gillingham forest, the castle, lordship, manor and hundred of Odiham, the castle, lordship and manor of Rockingham, Rockingham forest [and] the assarts, wastes, rents, purprestures, particulars, farms and commutations of the same, and the parts of the same forest, the town and manor of Brigstock alias Brigstoke, and the woods and bailiwicks of Cliffe and Brigstock alias Brigstoke, with all their members and appurtenances, to our same queen consort for the term of her life, exonerated from any annuities whatsoever.
Proviso semper, quod presens actus parliamenti, auctoritas sive ordinatio ista, nullo modo se extendat in prejudicium [p. v-262][col. a] sive derogationem Ricardi Widevyll, domini de Ryvers, militis, nec Jaquette uxoris sue ducisse Bedford', aut eorum alterius. Et insuper, de avisamento et assensu predictis, ac auctoritate presentis parliamenti nostri predicti, in recompensationem predictam, dedimus et concedimus eidem consorti nostre centum libras habendas et percipiendas annuatim a dicto festo Sancti Michaelis ultimo preterito, pro termino vite sue, de firma et incremento ville Sutht', per manus hominum ejusdem ville pro tempore existentium ad terminos Pasche et Sancti Michaelis per equales portiones. Et centum marcas, habendas et percipiendas annuatim eidem consorti nostre, ab eodem festo Sancti Michaelis pro termino vite sue, de feodi firma civitatis Norwici, sive de firma ville Norwici, per manus civium illius civitatis seu ville pro tempore existentium, ad eosdem terminos per equales portiones. Ac quinquaginta marcas, habendas et percipiendas annuatim eidem consorti nostre pro termino vite sue, a dicto festo Sancti Michaelis ultimo preterito, de firma ville Gippewici, per manus burgensium ejusdem ville pro tempore existentium, ad eosdem terminos per equales portiones. Necnon quadraginta libras habendas et percipiendas annuatim eidem consorti nostre, ab eodem festo Sancti Michaelis pro termino vite sue, de firma ville Notyngh', per manus hominum ejusdem ville pro tempore existentium. Ac etiam viginti sex libras, et tresdecim solidos et quatuor denarios, habendos et percipiendos annuatim eidem consorti nostre, ab eodem festo Sancti Michaelis pro termino vite sue, de firma ville Derb', per manus hominum ejusdem ville pro tempore existentium. Ac quadraginta libras, habendas et percipiendas annuatim eidem consorti nostre, ab eodem festo Sancti Michaelis pro termino vite sue, de firma ville de Kyngesthorp sive manerii de Kyngesthorp, per manus hominum ville illius, aut per manus firmariorum, receptorum, seu aliorum occupatorum ejusdem manerii pro tempore existentium, ad eosdem terminos per equales portiones. Ac etiam triginta libras habendas et percipiendas annuatim eidem consorti nostre, ab eodem festo Sancti Michaelis pro termino vite sue, de feodi firma ripe regine London', per manus majoris et communitatum civitatis London' pro tempore existentium, ad terminos predictos per equales portiones. Et ulterius eadem auctoritate concessimus, quod cancellarius Anglie pro tempore existens faciat ac fieri faciat, quibuscumque personis sive persone habentibus sive habenti aliquam concessionem de aliquibus premissorum, prefate consorti nostre auctoritate presentis parliamenti concessorum, aut concessionem aliquam de aliqua annuitate exeunte de aliqua parcella eorumdem, litteras nostras patentes sufficientes, de terris vel tenementis sive annuitatibus tanti valoris et talis status, quanti et qualis statu et valore eedem parcelle, ac annuitates eisdem personis sic concessis attingunt per annum, in talibus locis de terris vel tenementis nostris ubi melius pro earum recompensatione habenda eis videbitur oportunum. Provided always that the present act of parliament, this authority or ordinance shall not extend itself in any way to the prejudice [p. v-262][col. a] or derogation of Richard Woodville, Lord Rivers, knight, or to his wife Jacquetta, duchess of Bedford, or to either of them. And in addition, with the aforesaid advice and assent, and by the authority of our aforesaid present parliament, we have given and granted for the aforesaid recompense £100 to our same queen consort, to be had and received each year from Michaelmas last past for the term of her life from the farm and increment of land of the town of Southampton by the hands of the men of the same town at the time in equal parts at the terms of Easter and Michaelmas. And 100 marks to be had and received each year to our same queen consort from the same Michaelmas for the term of her life from the fee-farm of the city of Norwich, or from the farm of the town of Norwich, by the hands of the citizens of that city or town at the time in equal parts at the same terms. And 50 marks to be had and received each year to our same consort for the term of her life from the said Michaelmas last past from the farm of the town of Ipswich by the hands of the burgesses of the same town at the time in equal parts at the same terms. And also £40 to be had and received each year to our same queen consort from the same Michaelmas for the term of her life from the farm of the town of Nottingham by the hands of the men of the same town at the time. And also £26 13 s . 4 d . to be had and received each year to our same queen consort from the same Michaelmas for the term of her life from the farm of the town of Derby by the hands of the men of the same town at the time. And £40 to be had and received each year to our same queen consort from the same Michaelmas for the term of her life from the farm of the town of Kingsthorpe or the manor of Kingsthorpe by the hands of the men of the same town, or by the hands of the farmers, receivers, or other occupiers of the same manor at the time, in equal parts at the same terms. And also £30 to be had and received each year to our same queen consort from the same Michaelmas for the term of her life from the fee-farm of Queen's Wharf in London by the hands of the mayor and community of the city of London at the time in equal parts at the aforesaid terms. And in addition we have granted by the same authority that the chancellor of England at the time shall make and cause to be made to any persons or person who has any grant of any of the foregoing granted to our aforesaid queen consort by the authority of our present parliament, or any grant of any annuity issuing from any part of the same, our adequate letters patent for lands or tenements or annuities of as great a value and of such title as the title and value of the same, and the annuities granted to such persons shall be met each year in such locations within our lands and tenements as are deemed most suitable for their recompense.
Proviso semper, quod actus predictus non se extendat in prejudicium alicujus persone habentis aliquod officium in aliquo premissorum, cum vadiis et feodis eidem officio ante primum diem regni nostri debitis et consuetis. Et ulterius eadem auctoritate volumus et ordinamus, quod omnia arreragia compotorum et firmarum, omnium et singulorum tenentium, firmariorum, occupatorum et officiariorum, comitatus, castrorum, dominiorum, et ceterorum premissorum, dicto vicesimo tertio die Julii, prefate consorti nostre in forma [memb. 5] predicta liberatorum, seu de aliqua parcella eorumdem; necnon omnimode denariorum summe nobis ratione seu jure eorumdem comitatus, castrorum, dominiorum et ceterorum premissorum, vicesimo secundo die Julii, anno regni nostri vicesimo nono, quovismodo debite aut pertinentes non soluta nec satisfacta, per nos, officiarios et ministros nostros pro tempore existentes, per districtiones et venditiones [col. b] earumdem et aliter levare, colligere et percipere possimus. Et etiam eadem auctoritate volumus et ordinamus, quod eam consors nostra, omnia et singula arreragia compotorum et firmarum, omnium et singulorum tenentium, firmariorum, occupatorum et officiariorum eorumdem comitatus, castrorum, dominiorum et ceterorum premissorum, sibi ut prefertur dicto vicesimo tertio die liberatorum, seu de aliqua parcella earumdem vel pro eisdem aut pro aliqua earum parcella, necnon omnimode et singule denar[iorum] summe, eidem consorti nostre ratione seu jure eorumdem comitatus, castrorum, dominiorum et ceterorum premissorum, ab eodem vicesimo tertio die Julii, usque crastinum Sancti Michaelis ultimo preteritum, quovismodo debito et eidem consorti nostre a retro existentes non soluto, per se, officiarios et ministros suos pro tempore existentes, per districtiones et venditiones earumdem et aliter levare, colligere et percipere possit, absque impedimento nostri, heredum vel successorum nostrorum, aut aliorum quorumcumque. Et etiam eadem auctoritate volumus et ordinamus, quod quilibet predictorum tenentium, firmariorum, occupatorum et officiariorum, qui aliqua debita vel arreragia predicta solvere debuit et ea adhuc non solvit, et ea infra quarterium anni proximum post premunitionem ei inde ad hoc faciendam non solvat, incurrat talem et hujusmodi penam qualem pro statuto stapule nostre Cales', sive pro bono, utilitate vel conservatione ejusdem stapule, in parliamento nostro apud Westm' anno regni nostri vicesimo septimo tento provisum fuit. Et ulterius cum nos, decimo nono die Martii, anno regni nostri vicesimo quarto, auctoritate parliamenti nostri apud Westm' eodem anno tenti, (fn. v-227-562-1) per litteras nostras patentes inter alia concesserimus eidem consorti nostre .m. libras habendas et percipiendas a festo Sancti Michaelis tunc ultimo preterito, ad terminum vite sue, in partem dotis sue, de exitibus, proficuis et reventionibus certorum dominiorum, maneriorum, terrarum et tenementorum, ducatus nostri Lancastr', in eisdem litteris plenius specificat[orum], per manus generalis receptoris eorumdem pro tempore existentis, ad festa Pasche et Sancti Michaelis per equales portiones. Ac etiam cum nos, vicesimo octavo die Martii, anno regni nostri vicesimo quinto, per alias litteras nostras patentes sub sigillo ducatus nostri predicti, concesserimus eidem consorti nostre, unam annuitatem quingentarum marcarum habendarum et percipiendarum annuatim pro termino vite sue, a festo Sancti Michaelis tunc ultimo preterito, de omnibus castris, honoribus, dominiis, maneriis, terris et tenementis, ducatus nostri Lancastr', ad festa Pasche et Sancti Michaelis per equales portiones, prout in eisdem litteris plenius continetur: quedam tamen persone, imaginantes prefatam consortem nostram, in solutione earumdem duarum summarum retardare et defraudare, de nobis perquisierunt diversas litteras nostras patentes, aliquas earumdem de pardonatione, et earum aliquas de retensione sive assignatione certarum summarum in manibus suis, de reventionibus et proficuis officiorum suorum ducatus predicti. Nos imaginationes predictas auferri et deleri cupientes, et solutionem predicte consortis nostre magis efficacem deinceps fieri in hac parte volentes ut tenemur, eadem auctoritate presentis parliamenti nostri predicti, tam dictas litteras nostras datas eodem decimo nono die Martii, quam dictas alias litteras nostras < datas > vicesimo octavo die Martii, necnon omnes et singulas concessiones nostras, de summis predictis in eisdem contentes, et similiter litteras nostras patentes tam officiariis ducatus nostri predicti sive infra eundem ducatum de officiis et vadiis suis, quam aliis personis de aliquibus donis vel concessionibus vel annuitatibus, pro officiis, servitiis aut recompensationibus suis, secundum tenorem litterarum illarum per nos inde eis ante primum diem Augusti, anno regni nostri tricesimo primo confectarum, concedimus et confirmamus: et quod eadem [p. v-263][col. a] consors nostra, in solutione et perceptione summarum illarum sibi ut prefertur concessarum, de exitibus et reventionibus ducatus nostri predicti, pre omnibus personis aliquam concessionem sive assignationem de et super eisdem seu aliqua parcella eorumdem habentibus preferratur. Ulterius eadem auctoritate concedimus, quod virtute alicujus actus auctoritate alicujus parliamenti nostri ante hec tempora facti, nec eadem consors nostra neque officiarii predicti, nec prefate alie persone, nec eorum aliquis, de aliquo premissorum in aliquo prejudicentur. Provided always that the aforesaid act shall not extend to the prejudice of any person holding any office in any of the foregoing, with the wages and fees due and accustomed to the same office, before the first day of our reign. And we will and grant in addition by the same authority that we might levy, collect and receive all arrears of the accounts and farms of each and every one of the tenants, farmers, occupiers and officers of the county, castles, lordships, and of the other aforementioned things, or of any part of them, handed over to our aforesaid queen consort on the said 23 July, in the aforesaid form; [memb. 5] and all sums of money due or pertaining to us in any way by reason or by right of the same county, castles, lordships and the other aforementioned things which are not paid or satisfied on 22 July in the twenty-ninth year of our reign [1451], by us, our officers and officials at the time, by the distraint and sale [col. b] of the same and by other means. And we also will and ordain by the same authority that our queen consort might levy, collect and receive each and every arrears of the accounts and farms of each and every one of the tenants, farmers, occupiers and officers of the same county, castles, lordships and the other aforementioned things handed over to her on the said 23rd day, as mentioned above, or of any part of them or for the same or for any part of the same, and also each and every sum of money due in any way to our same queen consort by reason or by right of the same county, castles, lordships and the other aforementioned things from the same 23 July until the day after Michaelmas last past [30 Septebmer 1453] and being unpaid in arrears to our same queen consort, by herself, her officers and officials at the time by the distraint and sale of the same and by other means, without the hindrance of us, our heirs or successors, or of any others whomsoever. And we also will and grant by the same authority that every one of the aforesaid tenants, farmers, occupiers and officers who ought to pay any of the aforesaid debts or arrears and has still not paid them, and does not pay them within a quarter of a year following after warning has been made to them on this, shall incur such and such kind of penalty as was provided for our staple of Calais, or for the good, benefit and preservation of the same staple, in our parliament held at Westminster in the twenty-seventh year of our reign. And in addition, whereas we on 19 March in the twenty-fourth year of our reign, by the authority of our parliament held at Westminster in the same year, (fn. v-227-562-1) granted by our letters patent to our same queen consort, among other things, £1,000 to be had and received as part of her dower from Michaelmas then last past for the term of her life from the issues, profits and revenues of certain lordships, manors, land and tenements of our duchy of Lancaster, as is more fully specified in the same letters, by the hands of the receiver-general of the same at the time, in equal parts at Easter and Michaelmas. And also, whereas we on 28 March in the twenty-fifth year of our reign [1447] by our other letters patent under the seal of our aforesaid duchy granted to our same queen consort an annuity of 500 marks to be had and received each year for the term of her life from Michaelmas then last past from all the castles, honours, lordships, manors, land and tenements of our duchy of Lancaster in equal parts at Easter and Michaelmas, as is more fully contained in the same letters: however, certain persons, plotting to keep back and defraud our aforesaid queen consort of the payment of the same two sums, obtained from us our various letters patent, some of pardon and some for the reaining and assignment of certain sums from the revenues and profits of their offices of the aforesaid duchy in their hands. We, desiring to prevent and end the aforesaid plotting, and wishing the payment of our aforesaid queen consort in that regard to be made more effectively thereafter, as we are bound, by the authority of our aforesaid present parliament grant and confirm both our said letters given on the same 19 March and also each and every one of our grants of the aforesaid sums contained in the same, and similarly our letters patent to both the officers of our aforesaid duchy or of their offices and wages within the same duchy, and to other persons of any gifts or grants or annuities for their offices, services or recompense, according to the tenor of those letters made thereupon by us to them before 1 August in the thirty-first year of our reign [1453]: and that our same [p. v-263][col. a] queen consort shall be preferred in the payment and handing over of those sums granted to her from the issues and revenues of our aforesaid duchy, as is said above, before all persons who have any grant or assignment of and on the same or any part of the same. We grant in addition by the same authority that, by virtue of any act made made by the authority of any of our parliaments in the past, neither our same queen consort nor the aforesaid officers, neither the aforesaid other persons nor any of them shall be prejudiced concerning any of the foregoinf in any way.
Provided also, that this graunte extende not ne in eny wyse be prejudiciall unto the provest of the kynges collage royal of Our Lady and Seynt Nicholas of Cambrigge, nor unto their successours in eny wyse, of a graunte made to theym of certein wode to be taken yerely in the forest or bailly of Stapley, be what name so evyr hit be called, and that the quene be recompensed for the same. Provided also, that this acte extende not to eny state or graunte of honours, castell, lordshippes, townes, towneshippes, maners, londes and tenementes, wastes, rentes, reversions, fees, fee fermes, services, with all ther appurtenaunces, with all offices, libertees and fraunchises graunted to be had on or in the same, that were of the seid duchie of Lancastr', made to eny persone or persones, to thentent to perfourme your wyll. Provided also, that this grant shall not extend nor be prejudicial in any way to the provest of the king's royal college of St Mary and St Nicholas of Cambridge, nor to their successors in any way, for a grant made to them of certain wood to be taken each year in the forest or bailiwick of Stapely by any name it is called, and that the queen shall be compensated for the same. Provided also that this act shall not extend to any estate or grant of honours, castle, lordships, towns, townships, manors, lands and tenements, wastes, rents, reversions, fees, fee-farms [and] services, with all their appurtenances, with all the offices, liberties and franchises granted to be taken on or in the same, which belonged to the said duchy of Lancaster, made to any person or persons, with the intention of carrying out your will.
Cui quidem cedule iidem communes assensum suum prebuerunt sub hiis verbis: To which schedule the same commons offered their assent under these words:
A cest bille les commyns sount assentuz. To this bill the commons are agreed.
Quibus quidem cedula et assensu, coram ipso domino rege in parliamento predicto, ac dominis spiritualibus et temporalibus in eodem existentibus lectis, auditis et plenius intellectis, idem dominus rex, de avisamento et assensu eorumdem dominorum et communitatis, concessit omnia et singula in cedula et assensu predictis specificata, ac litteras suas patentes inde fieri mandavit. Which schedule and assent having been read, heard and fully understood before the lord king himself in the aforesaid parliament and the lords spiritual and temporal assembled in the same, the same lord king, with the advice and assent of the lords and commons, granted each and every thing specified in the aforesaid schedule and assent, and commanded his letters patent be made thereupon.
Pro comite Salop'. On behalf of the earl of Shrewsbury.
61. Item, quedam alia petitio exhibita fuit eidem domino regi, in parliamento predicto, per prefatos communes, ex parte Johannis Talbot nuper comitis Salop in hec verba: 61. Item, another petition was presented to the same lord king in the aforesaid parliament by the aforesaid commons on behalf of John Talbot, late earl of Shrewsbury, in these words:
To the right wise and discrete commons in this present parliament assembled shewith to your grete wysdomes John, erlle of Shroesbury: that where as ther was owyng and due unto him bi our soverain lord the kyng, for suche service, labours, charges and costes, as he had don and made at dyvers tymes in dyvers places bi the kynges commaundement, the somme of .xmccccxxvi.li. .iiij. d. qa' for suerte and payment wherof, our seid soveraigne lord the kyng of his especiall grace, graunted unto him bi his lettres patentes beryng date the third day of December, the yere of his reigne .xxij. th , that he shuld take and receive the seid somme in dyvers portes and places conteyned in the seid lettres patentes, as in the same lettres patentes more plainly hit apperith; of the whiche summe he is contented < of > .mmmdcxlviij.li. ij. s. ij. d., and so restith due to the seid erlle of the somme conteyned in the seid lettres patentes, .vi. .m. .dcciiij xx xvij.li. .xviij. s. ij. d. qa' whereof he may have no payment, by cause all lettres patentes of assignementes for paiement of suche dettes, were voided and adnulled bi an act made in the parlement holden and begon at Westm', and ended at Wynchestre. (fn. v-227-578-1) To the most wise and discreet commons assembled in this present parliament John, earl of Shrewsbury, petitions to your great wisdoms: whereas there was owing and due to him by our sovereign lord the king for such service, labours, charges and costs as he had done and expended at various times in several places by the king's command the sum of £10,426 4 d . farthing, for the guarantee and payment of which our said sovereign lord the king, from his special grace, granted to him by his letters patent bearing the date 3 December in the twenty-second year of his reign [1443] that he should take and receive the said sum in several ports and places contained in the said letters patent, as more fully appears in the same letters patent; of which sum he is satisfied of £3,648 2 s . 2 d ., and so there remains due to the said earl of the sum contained in the said letters patent £6,797 18 s . 2 d . farthing, of which he may have no payment because all the letters patent of assignments for the payment of such debts were made void and annulled by an act made in the parliament held and begun at Westminster, and concluded at Winchester. (fn. v-227-578-1)
Please hit therfor your < sad > and wise discretions thes premisses tenderly to considere, and howe that the seid erlle contynueth dailly in the kynges service, to his right grete and sumptuose charges, costes and expenses: and if he had suche good as is owyng unto hym of the somme conteyned in the said lettres patentes, or myght [col. b] be putte in suerte of payment therof in short tyme, he myght the better be in power to do the kyng service ther he is nowe, or in what othir place hit shuld please the kynges highnesse to commaunde hym to do, and ellis he may not endure and contynue to do the kyng suche service as is most speciall hertes desire and will is, and ever hath byn to do. And hereuppon to pray the kyng our soverain lord, that he by the advice and assent of the lordes spirituelx and temporelx in this present parlement assembled, and by auctorite of the same, will graunte to the seid erlle his lettres patentes, to be made in due fourme under the grete seal of the chauncerie, aftir the tenure here under wretyn, with al manere of writtes necessarie to hym in that behalf; and that the same lettres patentes be gode and available to the seid erlle and his executours, aftir the tenour and effect of the same. May it therefore please your prudent and wise discretions to consider the foregoing compassionately, and how the said earl continues daily in the king's service to his most great and considerable charges, costs and expenses: and if he had such an amount as is owing to him of the sum contained in the said letters patent, or might [col. b] be given guarantee for the payment of it in short time, he might be better able to do the king's service where he is now, or in any other place it should please the king's highness to command him to do it, or else he may not support and continue to do the king such service as he has willed from his most special heart's desire, and ever has been to do. And hereupon to pray the king our sovereign lord that he, by the advice and assent of the lords spiritual and temporal assembled in this present parliament, and by the authority of the same, will grant to the said earl his letters patent to be made in due form under the great seal of the chancery according to tenor written here below, with all manner of writs necessary to him in that regard; and that the same letters patent shall be good and effective to the said earl and his executors according to the tenor and effect of the same.
Rex, omnibus ad quos etc. salutem. Sciatis quod cum nos nuper pro diversis et notabilibus servitiis, laboribus, custubus et magnis oneribus, nobis per dilectum et fidelem nostrum consanguineum Johannem comitem Salop, de mandato nostro factis et impensis, eidem consanguineo nostro, in summa decem milium, quadringentarum viginti et sex librarum, quatuor denariorum et unius quadrantis indebitati fuerimus, et nos volentes eidem consanguineo nostro, de summa illa debita satisfieri et contentari, tertio die Novembris, anno regni nostri vicesimo secundo, per litteras < nostras patentes > concesserimus prefato consanguineo nostro, quod ipse summam predictam in diversis portubus et locis in litteris predictis specificatis habere et percipere posset, prout in litteris illis plene liquet; quarum quidem litterarum vigore, predictus consanguineus noster, de summa trium milium sexcentarum quadraginta et octo librarum, duorum solidorum et duorum denariorum, et non amplius, solutus et contentatus existit; sicque summa sex milium septingentarum quater viginti et decem et septem librarum, decem et octo solidorum, duorum denariorum et unius quadrantis, prefato consanguineo nostro adhuc remanet insoluta. Jamque ex parte ipsius consanguinei nostri nobis cum instantia humiliter est supplicatus, ut cum littere predicte, virtute et vigore cujusdam actus in parliamento nostro apud Westm' nuper inito, et usque Winton' adjornato, et ibidem finito et soluto, facti sive editi, quo ad solutionem dictorum sex milium septingentarum quater viginti et decem et < septem > librarum, decem et octo solidorum, duorum denariorum et unius quadrantis, adnullate sint, vacue et revocate, velimus sibi gratiam nostram regiam in hac parte graciosius exhibere: nos bona, laudabilia et continuata servitia, militaresque et strenuos actus per prefatum consanguineum nostrum tam nobis quam carissimo parti nostro defuncto multipliciter impensa merito considerates; nolentesque quin eidem consanguineo nostro, de dicta summa sex milium septingentarum quaterviginti et decem < et septem > librarum, decem et octo solidorum, duorum denariorum et unius quadrantis residua debitorum satisfactum foret et contentatum; de gratia nostra speciali, ac de avisamento et assensu dominorum spiritualium et temporalium, ac communitatum in presenti parliamento nostro existentium, et auctoritate ejusdem, concessimus prefato consanguineo nostro, quod ipse et executores sui, per se vel per deputatos, factores sive attornatos eorum, seu alicujus eorum, annuatim quadringentos saccos lane in galeis, carracis, seu in aliis vasis vel navibus quibuscumque, de quocumque portagio extiterint, in quocumque portu sub obedientia nostra ubi sibi magis placuerit carcare et eskippare, et lanam illam ad quascumque partes exteras Deo duce traducere seu traduci facere, et custumas ac subsidia et alios denarios nobis vel heredibus nostris in ea parte debita sive pertinentia in manibus suis propriis [p. v-264][col. a] retinere possit et possint licite et impune, absque aliquo inde nobis vel heredibus nostris solvendo, quousque eidem consanguineo nostro, seu executoribus suis predictis, de tribus milibus septingentis quater viginti et decem et septem libris, decem et octo solidis, duobus denariis et quadrante, de predicta summa sex milium, septingentis et decem et septem libris, decem et octo solidis, duobus denariis et quadrante, de custumis et subsidiis sic in manibus suis retinendis plenarie satisfacta et contentata fuerit. Volumus etiam et concedimus, ex assensu et auctoritate predictis, quod collectorum custumarum et subsidiorum predictorum, in singulis portubus ubi dictos consanguineum nostrum, executores, deputatos, factores sive attornatos suos lanas predictas, seu earum aliquam parcellam, carcare et eskippare continget, de omnibus et singulis denariorum summis nobis vel heredibus nostris, pro custumis et subsidiis lanarum illarum pertinentium, in compotis suis ad scaccarium nostrum et heredum nostrorum, pro officio collectoris hujusmodi reddendis debitis, habeant allocationem de tempore in tempus, per indenturam inter prefatum consanguineum nostrum, executores, deputatos, factores sive attornatos suos, et ipsos collectores in hujusmodi portubus conficiendam; nolentes quod idem consanguineus noster, executores, deputati, factores sive attornati sui predicti, vel magister aut marinarii vasorum vel navium predictorum, vel aliquis eorum, ratione premissorum, per nos vel heredes nostros, aut per officiarios seu ministros nostros vel heredum nostrorum, aut per alios quoscumque, impetantur, molestentur in aliquo seu graventur, aut impetatur, molestetur in aliquo seu gravetur. The king to all to whom etc., greeting. Know that whereas we, on account of various and noteworthy services, labours, costs and great charges done and expended for us by our dear and faithful kinsman John, earl of Shrewsbury, at our command, were indebted to our same kinsman for the sum of £10,426 4 d . farthing, and we, wishing that sum owed to be satisfied and paid to our same kinsman, by our letters patent granted to our aforesaid kinsman, on 3 November in the twenty-second year of our reign [1443], that he himself might have and receive the aforesaid sum in various ports and places specified in the aforesaid letters, as more fully appears in those letters; by the force of which letters our aforesaid kinsman is paid and satisfied of the sum of £3,648 2 s . 2 d .; and so the sum of £6,797 18 s . 2 d . farthing still remains unpaid to our aforesaid kinsman. And now on behalf of our kinsman himself it is humbly beseeched to us with urgency that, whereas the aforesaid letters are annulled, made void and revoked by virtue and force of a certain act made or published in our parliament formerly begun at Westminster and adjourned to Winchester, and finished and concluded there, as regards payment of the said £6,797 18 s . 2 d . farthing, we might graciously wish show our royal grace to him in this matter: we, considering the good, laudable and continuous service, and the military and heroic deeds deservedly expended in many ways by our aforesaid kinsman for both us and our dearest deceased father; and wishing that the rest of the said sum of £6,797 18 s . 2 d . farthing owed shall be satisfied and paid to our same kinsman, from our special grace, and with the advice and assent of the lords spiritual and temporal and of the commons assembled in our present parliament, and by the authority of the same, have granted to our aforesaid kinsman that he himself and his executors, by themselves or by their deptuties, factors or attorneys, or any of them, might carry and ship each year 400 sacks of wool in galleys, carracks or in any other vessels or ships on which porterage is payable in any port under our obedience where it shall please him more to carry or ship, and to cause that wool to be exported to any regions overseas, and he and they might retain lawfully and with impunity the customs and subsidies and other money due or pertaining to us or our heirs in that regard [p. v-264][col. a] without paying anything thereupon to us our our heirs, until to our same kinsman or his aforesaid executors will have been fully satisfied and paid £3,797 18 s . 2 d . farthing of the aforesaid sum of £6,797 18 s . 2 d . farthing from the customs and subsidies thus to be retained in their hands. We also will and grant with the aforesaid assent and authority that the collectors of the aforesaid customs and subsidies in every port where our said kinsman, his executors, deputies, factors or attorneys happen to carry and ship the aforesaid wool, or any part of the same, shall have allowance from time to time of each and every sum of money due to us or our heirs for the customs and subsidies of that wool pertaining to us and our heirs in their accounts at the exchequer of us and of our heirs, due to be rendered for the office of collector, by an indenture to be made between our aforesaid kinsman, his executors, deputies, factors or attorneys and the collectors themselves in such ports; not wishing that our same kinsman, his aforesaid executors, deputies, factors or attorneys, or the master or mariner of the aforesaid vessels or ships, or any of them, shall be prevented, troubled or harmed in any way by reason of the foregoing by us or our heirs or by the officers or officials of us or our heirs, or by any other persons, or be prevented, troubled or harmed in any way.
Proviso quod presens concessio nostra, non cedat in prejudicium nec ullo modo sit prejudicialis Margarete regine Anglie consorti nostre carissime, nec alicui concessioni sive ordinationi sibi sive pro ipsa facte seu provise; nec in aliquo sit prejudicialis nec cedat in prejudicium carissimo consanguineo nostro Humfrido duci Buk', nuper capitaneo ville et castri nostrorum Cales' et turris de Ruysbank, quoad arreragia vadiorum et regardorum pro se, locumtenente, et soldariis suis salve custod dict' ville castri et turris nuper intendentibus debitorum; eo quod expressa mentio de vero valore premissorum, aut de aliis donis et concessionibus per nos eidem consanguineo nostro ante hec tempora factis in presentibus minime facta existit, aut aliquo statuto, actu, ordinatione, restrictione, provisione, vel aliqua alia re, causa vel materia quacumque in contrarium factis, editis, ordinatis sive provisis, in aliquo non obstante. In cujus etc. Teste etc.. Provided that our present grant shall not result in in prejudice nor be prejudicial in any way to Margaret, queen of England, our dearest queen consort, nor to any grant or ordinance made or provided to her or for her; nor be prejudicial in any way nor result in prejudice to our dearest kinsman Humphrey, duke of Buckingham, late captain of our town and castle of Calais and the tower of Rysbank, as regards the arrears of the wages and regards due to himself, his deputy and soldiers recently engaged on the safe-keeping of the said town, castle and tower; notwithstanding that express mention of the true value of the foregoing, or of the other the gifts and grants made by us to our same kinsman in the past, is not made in the present letters, or any statute, act, ordinance, restriction, provision, or any other thing, cause or matter made, published, ordained or provided in any way to the contrary. In [witness] of which, etc. Witnessed, etc.
Qua < quidem > petitione, in parliamento predicto lecta, audita et plenius intellecta, eidem petitioni, de avisamento et assensu predictis, respondebatur sub hiis verbis: Which petition having been read, heard and fully understood in the aforesaid parliament it was answered to the same petition, with the aforesaid advice and assent, under these words:
[col. b]
The kyng will and graunteth, that his lettres patentes of licence be made unto the seid erle in due fourme, that he and his executours by < theym > self, theire factours or attorneys, shall mowe shippe yerely in galeys or other vessels, as many sakkes of wull, wherof the subsidies may atteigne to the somme of .dccc. marcs or within, unto the tyme that he and his executours be satisfied and content of .ij. m li., in pleyn satisfaction and contentyng of all the sommes aboveseid; and the kyng and his heires, of the same sommes to be quyte and discharged. The king wills and grants that his letters patent of licence be made to the said earl in due form, that he and his executors by themselves, their factors or attorneys may ship each year in galleys or other vessels as many sacks of wool, on which the subsidies shall amount to the sum of 800 marks or below, until he and his executors shall be satisfied and paid of £2,000, in full satisfaction and payment of all the abovesaid sums; and the king and his heirs shall be quit and discharged of the same sums.
Provided all way, that thes wulles conteyned in thes licence, passe unto < Caleis, or thorugh the straites of > Maroke, and to none othir place nor porte: and also that all devoires and paiement of wulles, appoynted to and for payments of souldeours of the toune and castell of Caleis, be trewely paide therof. And also provided, that the subsidie of the wulles that shall passe by force of this licence yerely, excede not the value of .dccc. marcs. Provided allway, that no man be hurt of his enheritaunce by force of this seid graunte. Provided also, [...] that this acte extende not nor be prejudiciall to thacte made for the kynges houshold in this present parlement, nor to eny parcell therof. (fn. v-227-590-1) Provided always that this wool contained in this licence shall be exported to Calais or through the straits of Gibraltar and to no other place or port: and also that all duties and payment on wool allocated to and for payment of the soldiers of the town and castle of Calais shall be truly paid thereupon. And also provided that the subsidy on wool that shall be exported each year by force of this licence shall not exceed the value of 800 marks. Provided always that no man shall be harmed as regards his inheritance by force of this said grant. Provided also that this act shall not extend nor be prejudicial to the act made for the king's household in this present parliament, nor to any part of it. (fn. v-227-590-1)
< For Rauf lord Cromwell. Surety of the peace against the duke of Exeter granted in parliament. > For Ralph, Lord Cromwell. Surety of the peace against the duke of Exeter granted in parliament.
62. Memorandum, that the Saturday the .ix. day of Marche, the yere of the reigne of Kyng Harry the .vi. th .xxxij. ti , Rauf lord Cromwell asked sueerte of the peas of Herry duke of Excestre, before Rychard duke of York, the kynges lieutenaunt in this present parlement, and John cardynall archebisshop of Caunterbury and chaunceler of Englond, and othir lordes spirituelx and temporelx in the same parlement assembled; wherof the seid lord Cromwell put in a bille to the kyng, and to the seid lordes, which was too tymes radde the same day; and it was thought by the seid lordes, that sueerte ought to be had and founde; but as to the grete paynes conteigned in the seid bille, the seid lordes seyde they wolde be advised, and deliber theruppon unto Moneday or Tuesday then next commyng. And aftirward, the .xx. day of Marche then next ensuyng, the seid bille was aggreed and assented unto by the seid lordes; and so the .xxij. ti day of Marche next folowyng, the seid lieutenaunt commaunded that the forseid bille shuld be sent unto the commons. And so hit was doon. 62. Be it remembered that on Saturday 9 March in the thirty-second year of the reign of King Henry the sixth [1454], Ralph, Lord Cromwell asked for surety of the peace from Henry, duke of Exeter before Richard, duke of York, the king's lieutenant in this present parliament, and John, cardinal archbishop of Canterbury and chancellor of England and the other lords spiritual and temporal assembled in the same parliament; whereupon the said Lord Cromwell submitted a bill to the king and to the said lords, which was read two times the same day; and it was thought by the said lords that surety ought to be given and found; but as to the heavy penalties contained in the said bill, the said lords said they would consider them further, and deliberate on them until Monday or Tuesday then next coming. And afterwards on 20 March then next following the said bill was agreed to and assented by the said lords; and so on 22 March next following the said lieutenant commanded that the aforesaid bill should be sent to the commons. And so it was done.
[p. v-265]
[col. a]
[memb. 4]
ITEM, DIVERSES COMMUNES PETITIONS FEURENT BAILLEZ EN MESME LE PARLEMEMT PAR LES COMMUNES D'ICELL, LES TENOURS DEZ QUEUX, OVESQE LOURS RESPOUNSES, CY ENSUENT. ITEM, VARIOUS COMMON PETITIONS WERE PRESENTED IN THE SAME PARLIAMENT BY THE COMMONS OF IT, THE TENORS OF WHICH, WITH THEIR ANSWERS, FOLLOW HERE.
Communes petitiones. Common petitions.
[Jack Cade.] [Jack Cade.]
63. < John Cades attainder. > Prayen the communes in this youre present parlement assembled: that where the moost abhominable tiraunt, horrible, odious and erraunt fals traitour John Cade, callyng and neumyng hymselfe sumtyme Mortymere, sumtyme capteyn of Kent, which name, fame, actys and dedys, been to be put out of every true Cristen mannys langage and memorie for ever, falsly and traytoursly purposyng and ymagynyng the uttermest destruction of youre most royal persone, and finall subversion of this youre noble realm, takyng upon him power royal, and gaderyng to him youre people in grete nombre, by fals, sotel, ymaginatif langage, and sediciously made commotion, rebellion and insurrection, under colour of justice and reformation of youre lawes, robbyng, sleyng and dispoillyng grete parte of youre true people, purposyng also by diverse sotell, fals and untrue ymaginations, to make variaunces and commotion betwene you oure soveraigne lord and youre true people, and to remeve diverse and mony of youre full true lordes, and other youre servauntz and liegemen, summe of theym puttyng away and remevyng fro youre said persone, summe of them falsly and felonesly slue, and summe of theim falsly endited of tresons and felonyes, under colour of justice, afore certeyn commissioners by his tirannie therto depute and assigned, and moe wolde if he might have atteigned to his fals, traytours purpose, the which God < of his endeles mercy, > thorowe the victorious knyghthood of you oure soveraine lord, destruyed and anyntisid for ever: and also fals and untrue articles and petitions falsly and traytoursly ymagined and forged ayenst youre royal persone, estate and prerogatif. 63. John Cade's attainder. The commons assembled in this your present parliament pray: whereas the most abominable tyrant, dreadful, odious and errant false traitor John Cade, calling and naming himself sometimes Mortimer, sometimes captain of Kent, whose name, reputation, acts and deeds ought to be eradicated from every true Christian man's language and memory forever, falsely and traitorously proposing and plotting the complete destruction of your most royal person, and the total subversion of this your noble realm, taking upon himself power royal, and gathering to him your people in large numbers by false, subtle, imaginative language, sediciously caused commotion, rebellion and insurrection under pretext of justice and the reform of your laws, robbing, slaying and despoiling a great number of your true people, proposing also by various subtle, false and faithless scheming to create discord and dissension between you our sovereign lord and your true people, and to remove many of your most true lords, and your other servants and liegemen, putting away and removing some of them from your said person, falsely and feloniously killing some of them, and some others of them being falsely indicted of treasons and felonies under pretext of justice before certain commissioners appointed and assigned by his tyranny, and even more would have occurred if he had acheived his false, traitorous purpose, which God from his boundless mercy, through the victorious knighthood of you our sovereign lord, defeated and removed forever: and in addition, by false and untrue articles and petitions denied and forged against your royal person, estate and prerogative.
Plese youre highnes these premissez, with moe that were to grete and odious to put in remembraunce, graciously to considre, and therupon to ordeyn and establish by thavyse and thassent of youre lordes spirituell and temporell in this youre present parlement assembled, and by the auctorite of the same, that the seid John Cade be take, hadde, namyd and declared a fals traytour to you our most gracious soveraigne lord, and that all his tirannie, actes, dedes and fals opinions, be voied, cassid, adnullid, anyntesid, and put oute of remembraunce for ever. And all such enditementes and the dependauntz therof, hadde and made under the power of his tirannie, also be voidet, voiede, adnulled, cassid, repelid, and take for nought; and that noo mannesblode be therby defoulid nor corruptid, but by auctorite of this youre present parlement clered and declared for ever; and all enditementes in tyme to come in semblable caas, under power of tirannie, rebellion and commotion, be of noe recorde nor effecte, but voiede in lawe; and all the petitions put to youre highnesse in youre last parlement holden at Westm' the .vi. day of Novembre, the yere of youre most noble reigne .xxix., ayenst youre entent, by you not agreed, be take and put in oblivion oute of remembraunce, cassid, voide, adnulled, and anyntesid for ever, as thing purposid ayenst God and conscience, ayenst youre regalie, estate and preeminence, and also unworshipfull and unresonable. May it please your highness graciously to consider the foregoing, with even more that is too great and odious to recall, and thereupon to ordain and establish by the advice and the assent of your lords spiritual and temporal assembled in this your present parliament, and by the authority of the same, that the said John Cade be taken, seized, called and declared a false traitor to you our most gracious sovereign lord, and that all his tyranny, acts, deeds and false beliefs be void, quashed, annulled, destroyed and be removed from memory forever. And all such indictments and the results of them issued and made under the power of his tyranny shall also be made void, cancelled, annulled, quashed, repealed, and considered invalid; and that no man's blood be thereby defiled or corrupted, but by the authority of this your present parliament cleared and declared forever; and all indictments in future in a similar case [issued] under power of tyranny, rebellion and disturbance shall be of no record or effect, but void in law; and all the petitions submitted to your highness in your last parliament held at Westminster on 6 November in the twenty-ninth year of your most noble reign against your will, not agreed by you, shall be taken and consigned to oblivion out of memory, quashed, made void, annulled, and destroyed forever as being plotted against God and conscience, against your regality, estate and preeminence, and also dishonourable and contrary to reason.
Le roy le voet. (fn. v-227-609-1) The king wills it. (fn. v-227-609-1)
[col. b]
[William Oldhall.] [William Oldhall.]
64. < Thallayndour of Willyam Olldehall, knight. > Prayen the communes in this youre present parlement assembled: that it please youre highnesse, by thavys and assent of youre lordes spirituell and temporell in this present parlement assembled, and by auctoritee of the same, in consideration of the fals, cursed and trayterours disposition of William Oldhall knyght, the which unnaturally and ayenst the duetee and feith of his liegeaunce, hath of long tyme laboured by subtill, fals and untrue ymagined and trayterous meanes, ayenst youre most royal persone and estate, the wele of you and of this youre realm, in all that in him was, and by his fals, untrue counseill and eide yevyng as well to those persones in theffelde at Dertford in youre counte of Kent, ayenst youre seide most royal persone late assembled, as at severall tymes unto the grete traytours John Cade, John Wilkyns, and nowe late one John Halton, and thus daily contynueth in his seide cursid and traiterous purpose, which God defend if it shuld in eny wise accomplisshe. And howe that he of diverse tresons stondith endited and atteynted by uttlawrie, after the cours of youre lawe, for the which his goodes and catailles, londes and tenementes, owen to be unto you forfaited and seisid; to ordeigne and establishe, that the seid William Oldhall, by what name or names so ever he be called, named or knowen in eny such enditementz, be take, demed, reputed and hadde as a traytour, and a persone atteinted of high treason doone and committed ayenst youre most royal persone. And moreover by the seid auctorite to ordeigne and establish, that all maner goodes, catailx, londes, tenementz, rentes, reversions, fees, advowsons, fraunchises, libertees, and < all other enheritaunces > and possessions what soever they be, the which were the seide William Oldhall atte tyme of eny tresons by him in eny enditement supposid to be doon, or at any tyme sithen, or that ony other persone or persones, of what estate, degre or condition they bee, was atte [...] tyme of eny treson by eny of the seid enditementes by the seid William Oldhall supposid to be doon, or sithen, to his use or behouf in eny wise seisid or possessid, be forfeite unto youre highnesse. And that ye, by the auctorite aforeseid, have the forfeiture of all the premisses, any graunte or grauntes made by you, or by the seid William Oldhall, or by eny other, of the seid godes, catalx, londes, tenementes or possessions, or of eny parcell of theim, to any man made or hadde notwithstondyng. 64. The attainder of William Oldhall, knight. The commons assembled in this your present parliament pray: that it might please your highness, by the advice and assent of your lords spiritual and temporal assembled in this present parliament, and by the authority of the same, in consideration of the false, accursed and traitorous disposition of William Oldhall, knight, who, monstrously and contrary to the duty and faith of his allegiance, has for long time laboured by subtle, false and unfaithful plotting and traitorous means against your most royal person and estate, the well-being of you and of this your realm by all his might, and by his false, unfaithful counsel and assistance given to both those persons in the field at Dartford in Kent who were recently assembled against your said most royal person, and on several occasions to the most traitorous John Cade, John Wilkins, and recently one John Halton, and he thus continues daily in his said accursed and traiterous purpose, which God forbid should be accomplished in any way. And how that he stands indicted and attainted of various treasons by outlawry according to the course of your law, for which his goods and chattels, lands and tenements ought to be seized and forfeited to you; to ordain and establish that the said William Oldhall, by any name or names that he is called, named or known in any such indictments, be taken, deemed, considered and held as a traitor and a person attainted of high treason done and committed against your most royal person. And moreover by the said authority to ordain and establish that all manner of goods, chattels, lands, tenements, rents, reversions, fees, advowsons, franchises, liberties, and all other inheritances and possessions, whatever they are, which belonged to the said William Oldhall at the time when any treasons were supposed to be done by him in any indictment, or at any time since, or that any other person or persons of any estate, degree or condition they be who, at the time when any treason was supposed to be done by the said William Oldhall by any of the said indictments, or since, was seised or possessed to his use or benefit in any way, shall be forfeited to your highness. And that you, by the aforesaid authority, shall have the forfeiture of all the aforementioned things, notwithstanding any grant or grants made by you, or by the said William Oldhall, or by any other person, of the said goods, chattels, lands, tenements or possessions, or of any part of them, made or held to any man.
Provided alwey, that the heirs of the seid William, enclaymyng by force of any taill commenced and takyng effecte byfore eny treson supposid by hym to be doon, or eny persone or persones enclaymyng by vertue < of eny reversion > or remayndre of the premisses, by force of eny graunte made by the seid William, or by eny other seisid to his use, byfore eny treson supposid by hym to be doon, with that tho yeftes and grauntes were not to the use or behouf of the seide William Oldhall, be not after the deth of the seid William hurt or prejudiced by this present acte or ordenaunce. Provided always that the heirs of the said William who claim by force of any entail commenced and taking effect before any treason supposed to have been done by him, or any person or persons claiming by virtue of any reversion or remainder of the foregoing, by force of any grant made by the said William, or by any other seised to his use, before any treason was supposed to be done by him, that those gifts and grants were not to the use or benefit of the said William Oldhall, shall not be harmed or prejudiced by this present act or ordinance after the death of the said William.
Provided also, that this present acte be not prejudiciall to eny lord or lordes, of eny fraunchises lawfully entitled to have and enjoy eny of the seid londes and tenementes, godes and catailx, by wey of forfeiture be [p. v-266][col. a] reason of her fraunchise; and that this present acte or ordenaunce extende not by wey of forfeiture, to eny londes or tenementes, godes or catalx, in the which the seid William stode enfeoffed or possessed, jointely or severally, to eny other mannys use. And furthermore, that thoo persones or persone havyng eny title, right or possession in eny of the seid londes, tenementes, godes or catalx, before eny title, < right or possession, > growen, taken or had unto the seid seignur William, not to the use of him, by this acte be not hurt, prejudiced, ner barred from theire lawfull action, clayme, title or entre. Provided also that this present act shall not be prejudicial to any lord or lords of any franchises lawfully entitled to have and enjoy any of the said lands and tenements, goods and chattels by way of forfeiture by [p. v-266][col. a] reason of their franchise; and that this present act or ordinance shall not extend by way of forfeiture to any lands or tenements, goods or chattels in the which the said William stood enfeoffed or possessed, jointly or separately, to any other man's use. And furthermore, that those persons or person who have any title, right or possession in any of the said lands, tenements, goods or chattels before any title, right or possession had come, was taken or was held by the said Sir William, not to his use, shall not be harmed, prejudiced, nor barred from their lawfull action, claim, title or entry by this act.
Provided also, that this present acte or ordenaunce, or eny other in this present parlement made, be not prejudiciall or hurtyng unto Edmond erle of Richmond, neither to Jasper erle of Pembroch, of, to, or touchyng eny thing yeven, graunted, growen or confermed, or to be yeven, graunted or confermed, unto the seid Edmond and Jasper, or either of theym, before the fest of the Nativite of Our Lord next commyng, by what name or names the seid Edmond and Jasper or either of theim be named or callid, < or shall be named or called, > in eny of the seid yiftes, grauntes or comfirmations. Provided also that this present act or ordinance, or any other made in this present parliament, shall not be prejudicial or cause harm to Edmund, earl of Richmond, or to Jasper, earl of Pembroke, of, to, or touching anything given, granted, advanced or confirmed, or to be given, granted or confirmed to the said Edmund and Jasper, or either of them, before the next following Christmas, by any name or names the said Edmund and Jasper or either of them are named or called, or shall be named or called, in any of the said gifts, grants or comfirmations.
And also provided, that this present acte or ordenaunce be not prejudiciall to the priour of Walsyngham, ner to his successours, of eny graunte made unto theim of these premisses, or eny parcell therof. And also provided that this present act or ordinance shall not be prejudicial to the prior of Walsingham, or to his successors, as regards any grant made to them of these aforementioned things, or any part of them.
Provided also, that this present acte or ordenaunce, be not prejudiciall to Edmond duc of Somerset nor to his heirs, of eny graunte made unto him or theim of the manoir and lordship of Honesdon, with the appurtenaunces. Provided also that this present act or ordinance shall not be prejudicial to Edmund, duke of Somerset, or to his heirs, as regards any grant made to him or them of the manor and lordship of Hunsden, with their appurtenances.
The kyng wolle that it be hadde and doon in maner and fourme as it is desirid. Provided < alwey, þat > this present acte of parlement strech not ne be prejudiciall to seignur Thomas Tyrell knyght, Maister Thomas Grene clerk, Robert Tanfeld and John Hewette squyers, nor to theire heirs nor assignees, of any right, title, clayme, possession or interesse, that the seid Thomas, Thomas, Robert and John, have in and of .iij. tenementes in Mugwelstrete in London, with theire appurtenentz, nor in any parcell of hem, in the which seid .iij. tenementz John Fastolf knyght, Henry Inglose knyght, Richard Waller esquier and Robert Norwyche, somtyme stode feoffed to the use and behofe of seignur William Oldhall knyght. The king wills that it be implemented and done in the manner and form as it is desired. Provided always that this present act of parliament shall not extend nor be prejudicial to Sir Thomas Tyrell, knight, Master Thomas Green, clerk, Robert Tanfield and John Hewett, esquires, nor to their heirs or assigns, as regards any right, title, claim, possession or interest that the said Thomas, Thomas, Robert and John have in and of three tenements in Muswell Street in London, with their appurtenances, nor in any part of them, in which said three tenements John Fastolf, knight, Henry Inglose, knight, Richard Waller, esquire and Robert Norwich formerly stood feoffed to the use and benefit of Sir William Oldhall, knight.
Provided also, that this present acte or ordenaunce be not prejudiciall to the priour and covent of the monasterie of Oure Lady of Walsyngham, nor to theire successours, of any graunte made to theym of any of these premisses or any parcell therof, byfore this .xxij. day of June, the yere of his soverayne reigne .xxxi. ti . Provided also that this present act or ordinance shall not be prejudicial to the prior and convent of the monastery of St Mary of Walsingham, nor to their successors, as regards any grant made to them of any of these aforementioned things or any part of them before this 12th day of June in the thirty-first year of his sovereign reign [1453].
Provided also, that this ordenaunce and acte be not prejudiciall to the priour and covent of monkes of Oure Ladie of Thetford, nor to theire successours, of and for the maner of Bodeney, and .c. acres of land with thappurtenauncez in Bodeney, nor of noo partie therof, of the which the seid William Oldhalle long aforne the tyme the said treasons arne supposid to be doon, enfeoffed Richard Waller esquier, Robert Boerlee esquier, John Bertram gentilman, and William Norwich the yonger; and the which maner and lande with thappurtenauncez, we have licenced by oure lettres patentz the seid priour and covent to purchase, and to hold to theim and to theire successours for ever, as in the same lettres patentes more pleinly is conteigned. Provided also that this ordinance and act shall not be prejudicial to the prior and convent of monks of St Mary of Thetford, nor to their successors, as regards and for the manor of Bodney and 100 acres of land with their appurtenances in Bodney, nor of any part thereof, of which the said William Oldhall long before the time the said treasons are supposed to have been committed enfeoffed Richard Waller, esquire, Robert Boerley, esquire, John Bertram, gentleman, and William Norwich the younger; and which manor and land with their appurtenances we have licenced by our letters patent the said prior and convent to purchase, and to hold to them and to their successors forever, as is more fully contained in the same letters patent.
Also provided, that this seid acte extende not ner be in any wyse prejudiciall or hurte unto any graunte made be oure seid soveraine lord, be any his lettres patentes unto Water Bourgh squyer, of any goodes, catailx or dettes, that late were appertenyng unto the seid William Oldhall, be what name so ever the seid Walter be callid in the seid lettres patentes. (fn. v-227-632-1) Also provided that this said act shall not extend nor be prejudicial or cause harm in any way to any grant made by our said sovereign lord by any of his letters patent to Walter Bourgh, esquire, of any goods, chattels or debts which recently appertained to the said William Oldhall by any name the said Walter is called in the said letters patent. (fn. v-227-632-1)
[col. b]
[Disobeying writs of summons.] [Disobeying writs of summons.]
65. < Disobedience. > For asmoche as ye soveraine lord afore this tyme, uppon certaine suggestions and compleyntes, made aswell to youre highnesse as to the lordes of youre counseill, uppon diversez persones of this youre noble realm, for grete riottes, extortions, oppressions, and grevous offenses by theym doon ayenst youre peas and lawes, to diverse of youre liege people; have yeven in commaundement, aswell by youre writtes under youre grete seale, as by youre lettres of privee seale, to appere before you in youre chauncerie, or tofore youre highnesse and youre said counseill, at certeine dayes in the same writtes or lettres conteined, to answere of the premisses: the which commaundementes are and ofte tyme have been disobeied, in contempt of you soveraine lord, and to the grete hurte and delay of youre seid compleinauntes in that partie. 65. Disobedience. Considering that you, sovereign lord, before this time, upon certain suggestions and complaints made to both your highness and to the lords of your council of various persons of this your noble realm concerning many riots, extortions, oppressions, and grievous offences committed by them against your peace and laws to several of your liege people, have commanded [them] to appear by both your writs under your great seal and by your letters under the privy seal before you in your chancery, or before your highness and your said council on certain days contained in the same writs or letters to answer the foregoing: which commandments are and many times have been disobeyed, in contempt of you, sovereign lord, and to the great harm and hindrance of your said complainants in that regard.
Wherfore please it youre highnesse, the premisses considred, by thadvis of youre lordes spirituell and temporell, and youre communes in this present parlement assembled, and auctorite of the same, to ordeine, enacte and establisshe, that if any suche writte or lettres < of prive seel, hereafter be directid to any persone to appere before > you, or youre said counsaill, as is aforesaid, there to answere to any of the premisses, and than the same persone refuse to resceyve suche writte or lettres, or thaime dispise, or absente him or withdrawe him for that cause, and come not and kepe the day of apparaunce yeven to him by the said writte or lettres of prive seal, and that duely certefied and understoud to youre counseil; that than the chaunceller of Englond for the tyme beyng, have power by the seid auctorite, to doo make writte or writtes of proclamation to be directid to the shiref of the shire where the persone so refusyng to receyve such writtes or lettres, or thaim dispisyng, or absentyng or withdrawyng him for that cause, is dwellyng or conversant, or in the shire next adjoynyng, and to the shirefs of London for the tyme beyng, yevyng the said shirefs severally in commaundement by the same, that they uppon peyne of forfeiture of .cc.li. make open proclamation in the shiretoune of the same shire, and in the said citee, by .iij. severall dayes, immediatly after the seid writte or writtes be to thaim delivered, < þat such persone to whom > such writte or lettres of privee seall shall be directid as is before reherced, appere tofore youre said counseill, or afore the chaunceller of Englond for the tyme beyng, within a moneth next after the said last day of proclamation, and retourne the said writte or writtes of proclamation before you in youre chauncerie, within .viij. dayes next after the seid .iij. day of proclamation, under the seid peyne of .cc.li.; and if he make and appere not within the seid moneth, the seid writte or writtes duely proclamed in the seid shire, toune and citee, and youre said counsaill verraily lerned and certified the said proclamation in such fourme executid, that thenne if such persone bee of the estate of a lord, as duc, marques, erle, viscount or baron, leese and forfaite all offices, fees, annuitees and other possessions, that he or any man to his use hath of the yifte or graunte of you soveraine lord, or of any of youre progenitours, made to him or any of his auncestres. And that than the said chaunceller for the tyme beyng, doo make an other writte or writtes of proclamation to be directid unto the said shirefs of the said shires and citee for the tyme beyng, to make open proclamation and retourne of the same writte or writtes, and uppon the same peyne, like as is specified and ordeined uppon the said first writte of proclamation. And if he make defaulte, and appere not atte the day to him limited by the said last writte or writtes of proclamation, that than he leese and forfaite his estate, name of lord, and place in parlement. Wherefore may it please your highness, having considered the foregoing, by the advice of your lords spiritual and temporal and of your commons assembled in this present parliament, and by the authority of the same, to ordain, enact and establish that if any such writ or letters under the privy seal are directed in future to any person to appear before you, or your said council, as is said above, to answer there any of the foregoing, and then the same person refuses to receive such a writ or letters, or treats them with contempt, or absents himself or withdraws himself for that reason and does not come and keep the day of appearance given to him by the said writ or letters under the privy seal, and this is duly certified to and understood by your council; that then the chancellor of England at the time shall have power by the said authority to cause a writ or writs of proclamation to be made to be directed to the sheriff of the county where the person so refusing to receive such writs or letters, or treating them with contempt, or absenting or withdrawing himself for that reason is dwelling or living, or of the neighbouring county, and to the sheriffs of London at the time, commanding each of the said sheriffs by the same that they, upon pain of forfeiture of £200, make public proclamation in the county town of the same county, and in the said city, on three separate days immediately after the said writ or writs is delivered to them that such person to whom such a writ or letter under the privy seal shall be directed, as is stated above, shall appear before your said council or before the chancellor of England at the time within a month next after the said last day of proclamation, and return the said writ or writs of proclamation before you in your chancery within eight days next after the said third day of proclamation, under the said penalty of £200; and if he does not appear within the said month, the said writ or writs having been duly proclaimed in the said county, town and city, and your said council truly informed and certified that the said proclamation was carried out in such form; that then, if such person is of the rank of a lord, such as duke, marquis, earl, viscount or baron, he shall lose and forfeit all offices, fees, annuities and other possessions that he or any man has to his use by the gift or grant of you, sovereign lord, or of any of your progenitors, made to him or to any of his ancestors. And that then the said chancellor at the time shall cause another writ or writs of proclamation to be made to be directed to the said sheriffs of the said counties and city at the time to make public proclamation and return of the same writ or writs, and upon the same penalty, just as is specified and ordained in the said first writ of proclamation. And if he makes default, and does not appear on the day assigned to him by the said last writ or writs of proclamation, that then he shall lose and forfeit his estate, title, and place in parliament.
[p. v-267]
[col. a]
Provided that the forfaiture of the offices, fees, annuitees and other possessions, and also of the said astate, name of lord and place, streche only but for terme of lyfe of him or theim that by auctorite of this acte shall forfaite the said offices, fees, annuitees, possessions, state, name and place, or any of theym, in fourme abovesaid. And if any lord of eny of the seid estates of duc, marques, erle, viscount or baron, not havyng eny thing of the kynges graunte or of any of his said progenitours, disobeye as above, after the seid proclamation in manere and fourme abovesaid made, retourned and certified, forfaite terme of his lyfe to you, soveraine lord, his name and state of lord, and place in parlement; and also all the londes and tenementes that he hath, or any other to his use hath. And that every other persone under thestate of a lord, havyng lyvelode or to whoos use eny other persone or persones hath or have any lyvelode, yif he appere not within a moneth after the proclamation made by vertue of the first writte or writtes, make fyne after the discrecion of youre .ij. chief juges of youre Bench, and of youre Common Bench for the tyme beyng: and that everyche other persone havyng noo lyvelode, [memb. 3] ner noon other persone to his use, so makyng defaulte, stand and be putte oute of your protection. Provided that the forfeiture of the offices, fees, annuities and other possessions, and also of the said rank, title and place extends only for the term of life of him or them who shall, by the authority of this act, forfeit the said offices, fees, annuities, possessions, rank, title and place, or any of them, in abovesaid form. And if any lord of any of the said ranks of duke, marquis, earl, viscount or baron who does not have anything of the king's grant or of any of his said progenitors disobeys, as above, after the said proclamation has been made, returned and certified in the abovesaid manner and form, he shall forfeit to you, sovereign lord, for the term of his life, his name and rank of lord, and place in parliament; and also all the lands and tenements that he has, or any other has to his use. And that every other person below the rank of a lord who has the wherewithal or to whose use any other person has or persons have any wherewithal, if he does not appear within a month after the proclamation made by virtue of the first writ or writs, shall make fine according to the discretion of your two chief justices of King's Bench and of your Common Bench at the time: and that each other person who does not have the wherewithal, [memb. 3] nor any other person to his use, who thus makes default, shall be outside, and be removed from, your protection.
Provided alwey, that if any of youre liege people named in the seid writtes or lettres, be not within this youre said realm at the tyme of any of the said writtes delyvered and retourned, nor absente him within the said realm; and also that any persone or persones hereafter, ayenst whom such writtes of proclamation shall be awarded, be so grevously vexed or diseasid by infirmitee or sekenesse, or elles such persones be emprisoned, withoute fraude or male engyne, or that they be so enfebled for age that they may not laboure in theire owne persone, so that suche beyng oute of this realm, feblenesse or sekenesse, emprisonyng or feblenesse of age, be sufficiantly and duely proved by juste and indifferent examination < before þe lordes of your counseill, > be not hurte by this acte. And this acte to endure for terme of .vij. yeres. Provided always that if any of your liege people named in the said writs or letters are not within this your said realm at the time when any of the said writs are delivered and returned, or cannot be found within the said realm; and also that any person or persons hereafter, against whom such writs of proclamation shall be awarded, are so grievously troubled or ill by infirmity or sickness, or else such persons are imprisoned without fraud or evil intent, or that they are so weak through old age that they may not work in their own person, so that such who are of this realm, in infirmity or sickness, or are imprisoned, or weak through old age, being sufficiently and duly proved by just and impartial examination before the lords of your council, shall not be harmed by this act. And this act to be valid for a term of seven years.
Provided also, that noo matere determinable by the lawe of this lande, be by this acte determined in other fourme, than after the cours of the same lawe in the kynges courtes, havyng determination of the same lawe. This acte to begynne and take effecte the furst day of May, the .xxxij. ti yere of youre noble reigne, of all disobeisaunce to be doon after the same furst day, and of noo disobeisaunce afore that day doon. And that this present acte be proclamed by the shiref of every shire of this lande, in every merket toune within the same shire, on this side the fest of the Nativite of Seint John the Baptiste, in the seid .xxxij. ti yere. Provided also that no matter that can be determined by the law of this land shall be determined by this act in other form than according to the course of the same law in the king's courts which have determination of the same law. This act to begin and take effect on 1 May in the thirty-second year of your noble reign for all disobedience to be committed after the same first day, and for no disobedience committed before that day. And that this present act shall be proclaimed by the sheriff of every county of this land in every market town within the same county before the feast of the Nativity of St John the Baptist in the said thirty-second year.
Le roy le voet. (fn. v-227-644-1) The king wills it. (fn. v-227-644-1)
[Courts of the wardens of the marches.] ">[Courts of the wardens of the marches.]
66. < Wardeyns of the marches. > For asmoche as where the wardens of the marches joynyng to Scotlond, called the estmarche and the westmarche, have used by thaire ministres to make attachementz, and to attache men by þaire bodies in the shires of Northumbr', Cumbr' and Westmerland, and in the toune of the Newcastell upon Tyne, and in noon other places, for to answere to enditementz taken in the courtes called the wardeyn courtes of the seid marches, for attemptates supposid to be doon ayenst the vertue of the treuxe within the said shires and toune; which by cause that they stond chargeable to the seid wardeyns and under theire corrections and obeisaunce, emong other causes, been alweyes discharged of paiement of taxes and dismes. And nowe of late tyme the ministres and officers of the seid courtes, sumtyme for thaire singuler lucre, and sumtyme for malice that they have borne to certaine persones, have attached, and [col. b] takes upon theym daily to attache, diverse and many well ruled persones by thaire bodies, aswell in Yorkeshire, as in other places oute of eny of the seid shires of Northumbr', Cumbr' or Westmerland, or toune of the Newcastell, beryng hem uppon hande that thai were endited in the warden courte; and some of the same persones have put to grete fyne and raunson upon such enditement, and other some of them in sore prison by long tyme have withoute baile or maynpris keped, to the full grete hurte, oppression and importable charge to many of youre true and well ruled liege people, dwellyng out of eny of the said shires of Northumbr', Cumbr' and Westmerland, and town of Newcastell. 66. The wardens of the marches. Considering that the wardens of the marches adjoining Scotland, called the east march and the west march, have used their offices to make attachments and to attach men by their bodies in the counties of Northumberland, Cumberland and Westmorland, and in the town of the Newcastle upon Tyne, and in no other places, in order to answer indictments made in the courts called the warden courts of the said marches for offences supposed to have been committed against the force of the truce within the said counties and town; who, because they stand accountable to the said wardens and under their correction and obedience, among other things, have always been discharged of payment of taxes and tenths. And now in recent times the officials and officers of the said courts, sometimes for their own profit and sometimes out of malice that they have borne for certain persons, have attached, and [col. b] take it on themselves daily to attach several and many well behaved persons by their bodies in both Yorkshire and in other places outside any of the said counties of Northumberland, Cumberland or Westmorland, or the town of the Newcastle, laying upon them that they were indicted in the warden court; and some of the same persons have been put to large fines and ransom upon such indictment, and some of the others have been kept in a hard prison for a long time without bail or mainprise, to the very great harm, oppression and unbearable charge of many of your true and most obedient liege people who dwell outside any of the said counties of Northumberland, Cumberland and Westmorland, and the town of Newcastle.
Please it youre highnesse, by þavice of the lordes spirituell and temporelx in this youre present parlement assembled, and by auctorite of the same to ordeine and establissh, that if eny ministre of eny of the seid courtes, attache eny persone by his body, or by his godes, oute of eny of the seid shires of Northumbr', Cumbr' or Westmerland, or toune of þe Newcastell for to answere in eny of the seide courtes, or by colour or cause of eny manere of presentement taken or to be taken in eny of the seid courtes, that it shall be lefull to every persone that shall < happen so > to be attached for to make resistence and nought to obeye noo such attachement. May it please your highness, by the advice of the lords spiritual and temporal assembled in this your present parliament, and by the authority of the same, to ordain and establish that if any official of any of the said courts attaches any person by his body, or by his goods, outside any of the said counties of Northumberland, Cumberland or Westmorland, or the town of Newcastle in order to answer in any of the said courts, or by pretext or reason of any manner of presentment taken or to be taken in any of the said courts, that it shall be lawful for every person who shall happen to be thus attached to resist and not obey any such attachment.
< Attachment. > Attachment.
And if eny persone be hurte or greved by eny such attachement, that he may have in that partie an action of trespas or fals emprisonement, ayeinst thaim that eny suche attachement shall hereafter make, or make to be made, and therin to recovere treble damage, if in eny of thoo actions the mater pleded passe or be demed for the pleintif therin, and the defendaunt to have emprisonement of two yeres: and over that, pay to you soveraine lord .c. s. And that the justicez of the peax in theire sessions of peax, shirefs in theire tournes, < and also stewards of letes in þe letes by þaime > to be holden, may have power to enquere of all such attachementz made or to be made out of eny of the said shires of Westmerland, Cumbr' or Northumbr', or town of the Newcastell, and therin and therupon to doo and procede, as they may doo and procede upon presentementz take afore thaim in thaire sessions of peas, tournes, or letes, of trespasses or affraies doon or made ayeinst youre peas. And if any person is harmed or grieved by any such attachment that he may have an action of trespass or of false imprisonment in that regard against those who shall hereafter make, or cause to be made, any such attachment, and thereupon to recover threefold damages if the matter pleased in any of those actions passes or is deemed for the plaintiff in it, and the defendant to be imprisoned for two years: and in addition, to pay 100 s . to you sovereign lord. And that the justices of the peace in their sessions of peace, sheriffs in their tourns, and also stewards of leets in the leets to be held by them may have power to inquire into all such attachments made or to be made outside any of the said counties of Westmorland, Cumberland or Northumberland, or the town of the Newcastle, and to act and proceed therein and thereupon as they may act and proceed upon presentments made before them in their sessions of peace, tourns, or leets of trespasses or affrays committed or made against your peace.
Le roy le voet. (fn. v-227-651-1) The king wills it. (fn. v-227-651-1)
[Act of resumption.] [Act of resumption.]
67. < Act of resumption. > Prayen the comens: that where in youre parlement holden at Westmynster the .vi. day of Novembre, in the yere of youre reigne .xxviij. ti , (fn. v-227-654-1) in the acte of resumption amongs other things it was ordeined and stablished by auctorite of the same parlement, that it wolde please youre highnesse to take, resume, seise, and reteigne into youre handes and possession, all honours, castels, lordships, tounes, touneshipis, manoirs, londes, tenementes, rentes, reversions, wastes, fees, fefermes and service, with all theire appurtenauntz, in Englond, Wales, and in the marches therof, Irland, Guysnes, Caleys, and in the marches therof, which ye have graunted by youre lettres patentes or in any otherwyse, sith the first day of youre reigne. And that almanere of grauntes of rentes, charges or annuitees, made by you of state of enheritaunce, for terme of lyf or terme of yeres, to any persone or persones, to be taken of eny of the premisses, or of youre custumes or subsidies, or aulnage, or of youre hanaper, or at or in youre receite or in other wyse, or in any other place or any of theim, or of the proffitz commyng of theym or of < eny of > theym, within this youre roiaulme, Irland, Wales, Guysnes, Caleys, and in the marches of the same, be voied and of noon effecte, as in the seid acte of resumption more plainly is declared. 67. Act of resumption. The commons pray: whereas in your parliament held at Westminster on 6 November in the twenty-eighth year of your reign, (fn. v-227-654-1) it was ordained and established by the authority of the same parliament in the act of resumption, amongs other things, that it would please your highness to take, resume, seize, and retain into your hands and possession all honours, castles, lordships, towns, townships, manors, lands, tenements, rents, reversions, wastes, fees, fee-farms and services, with all their appurtenances, in England, Wales, and in the marches thereof, Ireland, Guyenne, Calais, and in the marches thereof, which you have granted by your letters patent or in any other way since the first day of your reign [1 September 1422]. And that all manner of grants of rents, charges or annuities made by you by title of inheritance for a term of life or a term of years to any person or persons, to be received from any of the foregoing, or from your customs or subsidies, or alnage, or from your hanaper, or at or in your receipt or in other way, or in any other place or any of them, or from the profits arising from them or from any of them within this your realm, Ireland, Wales, Guyenne, Calais, and in the marches of the same, shall be void and invalid, as is more fully declared in the said act of resumption.
And for asmoche as doubte and ambiguite is had, < whether > [p. v-268][col. a] < that > fees, wages, rewardes, proffitz, and other things longing and of olde tyme perteynyng to offices in the dayes of youre full noble progenitours, shuld be resumed, reteyned in youre handes, or voided by vertue of the said acte, other noo, for the certeinte and plaine declaration therof, we prayen youre highnesse tordeine by auctorite of this present parlement, that the seid acte and ordenaunce of resumption, be not prejudiciall to any of youre officeres, of any fees, wages, rewardes or proffitz, due or perteynyng to suche officers as were the first day of youre reigne or bifore, by cause of such offices or occupations; and that the seid fees, wages, rewardes and proffitz, be not comprisid within the said acte of resumption, at the tyme of the makyng of the same acte, nor after; nor within any other acte or ordenaunce made in youre said parlement; but that all such wages and fees, rewardes and proffitz, stande and abide to all and to everich < such offices and > occupations, as they dud the furst day of youre reigne, or afore: any acte of resumption, statut, ordenaunce or provision, or any other acte made to the contrarie, or any doubte or ambiguite therin conteined, notwithstondyng. And considering that there is doubt and ambiguity whether [p. v-268][col. a] or not the fees, wages, regards, profits and other things belonging and pertaining from of old to offices in the time of your most noble progenitors should be resumed and retained in your hands, or made void by virtue of the said act, for the certain and clear declaration of this we pray your highness to ordain by the authority of this present parliament that the said act and ordinance of resumption shall not be prejudicial to any of your officers as regards any fees, wages, regards or profits due or pertaining to such officers as they were on the first day of your reign or before because of such offices or occupations; and that the said fees, wages, regards and profits shall not be included in the said act of resumption at the time of the making of the same act, nor afterwards; nor within any other act or ordinance made in your said parliament; but that all such wages and fees, regards and profits shall stand and remain to all and to every such office and occupation as they did on the first day of your reign, or before: notwithstanding any act of resumption, statute, ordinance or provision or any other act made to the contrary, or any doubt or ambiguity contained in it.
Le roy le voet. (fn. v-227-657-1) The king wills it. (fn. v-227-657-1)
[Attachments of goods of foreigners.] [Attachments of goods of foreigners.]
68. < Attachments. > Please it to the kyng oure soveraine lord, by thavis and assent of the lordes spirituelx and temporelx, and the communes of the realm of England in this present parlement assembled, and by auctorite of the same parlement, to ordeine and establissh, that if eny of his subgettz attempt or offende upon the see, or in eny porte within the said realm under the kynges obeissaunce, ayenst eny persone or persones estraungiers beyng upon the see, or in eny port abovesaid, by way of amyte, lige or trewes, or by force of the kynges save conducte or saufgarde in eny wyse; and in especiall in attachyng of eny such estraunge persone, robbyng or dispoilyng of him of ship or eny other manere of godes, or ayenst eny other persone of youre liege people; the chaunceller of Englond for the tyme beyng, as for deliverance of eny suche persone so attached to be had, and as for restitution to be made to every suche persone so robbed or dispoiled of shipp or godes, or of the value therof, have auctorite, callyng to hym eny of the juges of the oon or other benche, upon bille or billes of compleynt made to him in this partie, to make suche processe out of the seid chauncerie, aswell ayenst all such offendours to bringe hem into the kynges chauncerie, there to answere to the parties so greved in this partie, as ayenst eny other persone or persones to whos handes eny suche persone so attached, ship or godes shall come, as for deliveraunce and restitution by hem to be made of the same persone, ship and godes, as shall be seen to the same chaunceller most expedient and behovefull: and upon such processe so made out of < the seid > [...] chauncerie, the said chaunceller ferther to procede in that matier if the caas so require, by thavis of eny such juge, to make the persone and persones estraungiers thus greved, to have full deliverance and restitution of eny such persone soo attached, and of all such ship and godes, and also of all theire costez, expenses and lostez, made and suffred by hem in this partie, and almanere execution therupon to make oute of the seid chauncerie, in suche fourme as shall be seen to the said chaunceller moost expedient and bihovefull, for suche deliveraunce and restitution to be had, callyng to him eny suche juge as is afore reherced. This acte to begynne and take effecte the first day of May, the .xxxij. yere of youre reigne. 68. Attachments. May it please the king our sovereign lord, by the advice and assent of the lords spiritual and temporal, and the commons of the realm of England assembled in this present parliament, and by the authority of the same parliament, to ordain and establish that if any of his subjects attack or assault at sea, or in any port within the said realm under the king's obedience, any foreign person or persons who are at sea or in any abovesaid port by means of alliance, allegiance or truces, or by force of the king's safe-conduct or safeguard in any way; and in particular in attaching any such foreign person, rob or despoil him of his ship or any other kind of goods, or against any other person of your liege people; the chancellor of England at the time, as for the handing over of any such person so attached to be made, and as for restitution to be made to every such person thus robbed or despoiled of his ship or goods, or of the value of it, shall have authority, calling to him any of the judges of the one or other Bench upon a bill or bills of complaint made to him on this matter, to issue such process out of the said chancery against both all such offenders to bring them to the king's chancery, to answer there to the parties thus grieved in this regard, and against any other person or persons into whose hands any such person thus attached, ship or goods shall come, as for delivery and restitution to be made by them of the same person, ship and goods, as shall seem to the same chancellor most expedient and needful: and upon such process so made out of the said chancery, the said chancellor in order to proceed further in that matter if the case so requires it, by the advice of any such judge, shall cause the foreign person and persons thus grieved to have full delivery and restitution of any such person so attached, and of all such ships and goods, and also of all their costs, expenses and losses made and suffered by them in this regard, and to cause all manner of execution thereupon out of the said chancery in such form as shall be seen most expedient and needful to the said chancellor for such delivery and restitution to be achieved, calling to him any such judge as is mentioned above. This act to begin and take effect on 1 May in the thirty-second year of your reign.
Le roy le voet. (fn. v-227-663-1) The king wills it. (fn. v-227-663-1)
[col. b]
[Alnagers.] [Alnagers.]
69. < Searchours ou gaugours. > Please youre highnesse to consider: that where it is ordeined be statute made in the tyme of Kyng Richard secunde, that noo sercheour, gaugeour of wyn, auneour, tronour, poysour, collectour of custims and subsidies, or countrollour, have astate in his office terme of lyff or terme of yeres, but that the seid officez shall abide under the governans of the tresorer of Englond for the tyme beyng. (fn. v-227-666-1) Also it is ordeigned be statute made in the tyme of Kyng Harry the fourth, that the aunage of cloth withinne this realm, may be committed to ferme or in emprowement, aftir the advis of the tresorer of Englond for the tyme beyng, as in the seid statutz more pleynly is declared: (fn. v-227-666-2) yet that notwithstondyng, divers persouns have opteyned youre lettres patentes of the said offices and aunnage, summe terme of lyf, and summe terme of yeres, to grete prejudice of you and of youre pepull, and contrarie to < the seid statutz. > 69. Searchers or gaugers. May it please your highness to consider: whereas it is ordained by statute made in the time of King Richard the second that no searcher, gauger of wine, alnager, troner, weigher, collector of customs and subsidies, or controller shall be entitled to his office for his lifetime or for a term of years, but that the said officers shall remain under the control of the treasurer of England at the time. (fn. v-227-666-1) Also it is ordained by statute made in the time of King Henry the fourth that the alnage of cloth within this realm may be committed to farm or improvement according to the advice of the treasurer of England at the time, as is more fully declared in the said statutes: (fn. v-227-666-2) yet notwithstanding that various persons have obtained your letters patent of the said offices and alnage, some for a term of life and some for a term of years, to the great prejudice of you and of your people, and contrary to the said statutes.
Please youre highnesse, the premissez graciously consideryng, to ordeyn by auctorite of this youre present parlement, that all lettres patentes made of any of the seid offices or aunnage, to any persone contrarie to the effect of the seid statutz, be voied and of noo force. And that noo lettres patentes of eny of the seid offices or aunnage be made hereafter, but by warrant of bill, enselid by the tresorer of Englond for the tyme beyng, sent by hym into youre chauncerie as it hath be accustumed before this tyme: and that all lettres patentes made or to be made hereafter of the seid offices or aunnage, be other warrant than by the tresorers bill, be voied and of noon effecte. May it please your highness, graciously considering the foregoing, to ordain by the authority of this your present parliament that all letters patent made of any of the said offices or alnage to any person contrary to the effect of the said statutes shall be void and invalid. And that no letters patent of any of the said offices or alnage shall be made hereafter except by warrant of bill, sealed by the treasurer of England at the time, sent by him into your chancery as has been the custom in the past: and that all letters patent made or to be made hereafter of the said offices or alnage by warrant other than by the treasurers bill shall be void and invalid.
Provided alwey, that this acte extende not nor be prejudiciall ne hurt to oure soveraigne lady the quene, the prynce, the duke of Bukyngham, to the enhberiters of my lord Henry late duc of Warr', ne to the maire and communalte of London, to the marie, bailliffs and communaltee of the citee of Wynchestre, as to eny graunte or grauntes, or leez or leessez of awnage, or eny graunte or grauntes of eny summe or summes of money of the ferme of awnage, to theym graunted, made or confermed, nor to noo countroller havyng eny officez oute of the kynges portes, nor to John Penycoke squier, to Gilis Seynclo squier, nor to eny of the kynges menyall servauntez, ne the quenes servauntez, of eny graunte or grauntes of any office or officez made to theym afore this tyme, with the fees and wages of olde tyme due and accustumed. Provided always that this act shall not extend nor be prejudicial nor cause harm to our sovereign lady the queen, the prince, the duke of Buckingham, to the heirs of my lord Henry, late duke of Warwick, nor to the mayor and community of London, to the mayor, bailiffs and community of the city of Winchester as regards any grant or grants, or lease or leases of alnage, or any grant or grants of any sum or sums of money from the farm of alnage granted, made or confirmed to them, nor to any controller who has any offices in the king's ports, nor to John Penycook, esquier, to Giles Seynclo, esquier, nor to any of the king's menial servants or the queen's servants, of any grant or grants of any office or offices made to them in the past, with the fees and wages due and accustumed from of old.
Le roy le voet. (fn. v-227-671-1) The king wills it. (fn. v-227-671-1)
[memb. 2]
[Outlawry in Lancashire.] [Outlawry in Lancashire.]
70. < Outlagari. > Prayen the comones: that where at youre parlement holden at Westm', the .xx. ti yere of youre noble reigne, it was ordeined by auctorite of the same parlement, that noo persone of your lieges, ayenst whom an exigent shall be awarded, or outlawry pronounced, at the suyte of the kyng, or at the suyt of partie, in tyme commyng in the counte of Lancastre, forfeit eny of his goodes or catells, londes or tenementes in any other shire, but only the goodes and catalles, londes and tenementes, the which the persones so outlawed, or tho ayenst whom such exigent shall be awarded in the seid counte of Lancastre, have in the same counte; and by reason of any such outlawrie, at the suyt of the kyng, or at the suyt of any other persone, pronounced within the seid counte of Lancastre, be not forbarred nor disabled of any maner of action, nouther to clayme any maner of enheritaunce out of the same counte, nor disabled to sue eny maner of action out of the same counte, notwithstondyng such outlawry ayenst hym pronounced, as in the seid statute more pleynly apperith: (fn. v-227-674-1) the which statute is nowe expired, for cause it was ordeined to endure but for .vij. [p. v-269][col. a] yere than next folowyng: the which statute was full profitable and behooffull to all youre lieges of < þis your > realm. 70. Outlawry. The comons pray: whereas at your parliament held at Westminster in the twentieth year of your noble reign it was ordained by the authority of the same parliament that no person of your lieges, against whom an exigent shall be awarded or outlawry pronounced at the suit of the king, or at the suit of a party, in future in Lancashire should forfeit any of his goods or chattels, lands or tenements in any other county, but only the goods and chattels, lands and tenements which the persons so outlawed, or those against whom such an exigent shall be awarded in the said Lancashire, have in the same county; and by reason of any such outlawry pronounced within the said Lancashire at the suit of the king, or at the suit of any other person, shall not be excluded nor disabled from any manner of action, neither to claim any manner of inheritance out of the same county, nor disabled to sue any manner of action out of the same county, notwithstanding such outlawry pronounced against him, as more fully appears in the said statute: (fn. v-227-674-1) which statute has now expired because it was ordained to last for only the seven [p. v-269][col. a] years then next following: which statute was most profitable and needful to all your lieges of this your realm.
Please youre highnesse, by the advyse and assent of the lordes spirituelx and temporelx in this present parlement assembled, and by auctorite of the same, to ordeyn and establissh, that the seid late statute stond in his force and strength, takyng effect and < strength from > the last day of Marche, the yere of youre noble reigne .xxx. ti , and fro that day perpetually to endure. May it please your highness, by the advice and assent of the lords spiritual and temporal assembled in this present parliament, and by the authority of the same, to ordain and establish that the said late statute remain in its force and strength, taking effect and force from the last day of March in the thirtieth year of your noble reign [1452], and to last from that day forever.
Le roy le voet. (fn. v-227-679-1) The king wills it. (fn. v-227-679-1)
[Poundage.] [Poundage.]
71. < Subsydies. > Prayen the commones: that where in this youre parlement commenced at Redyng the .vi. te day of Marche, the .xxxi. ti yere of youre reigne, and ajorned to Westmynster unto this present .xi. th day of Feverer, there hath been graunted unto youre highnesse a subsidie called poundage; that is to sey, of al manere merchaundise of every merchant deynsyn and alien, aswele of the merchauntz of the < Hanse and > of Almayne, as of eny other merchaunt alien, caried out of this youre realm, or brought into the same, by wey of merchaundise, of the value of every .xx. s., .xij. d., to be had to you fro the .iij. de day of April next commyng, for terme of youre lif naturell, with certeyn exceptions in the same graunt specified; by force of the which act, youre true pouere subgettz merchantz deinsins of this youre realm, shuld be chargeable to pay to you .xij. d. of the value of .xx. s., of all theire wollen cloth goyng out of the same after the seid .iij. de day of Aprill, which shuld be to theym over grete importable charge, and empoverysshyng of a grete parte of the pouere people of this youre realm; and likly cause of restreynt and impediment of utteraunce of al maner wollen cloth made within the same, the which shall cause by processe of tyme litill cloth to be made in this youre seid realm, and therupon grete idelnes among youre pouere liege people, and meane of distroiyng of youre navey, and cause youre wolles to be of lesse value, to the grete destruction of the growers of the same. And moreover in this youre seid parlement, the seid .vi. day of Marche, there hath be graunted to you a certeyn subsidie of wolle and wolfell; that is to say, of every merchaunt deinsen for the subsidie of every sak of wolle .xliij. s. .iiij. d., and of every .ccxl. wolfell .xliij. s., .iiij. d., to be had to you for terme of youre lif naturell fro the seid .iij. de day of April, as in the act of the graunt therof made in this same parlement more pleinly it apperith; wherby youre pouere subgettes merchauntz of youre staple of Caleys, shuld be compelled after the seid .iij. de day of April, to pay to you of every sak of wolle and of every .ccxl. wolfell, .x. s. more by wey of subsidie, than they have been accustumed to pay in any of the dayes of your most blessid reigne; which charge beyng to theym importable, is likly to be cause that they shal not be of powair to beye or ship any grete quantite of wolles of the growyng of this your realm to be had to youre seid staple; whereof shuld ensewe over excessif amenusyng and decreas of the pris and valure of the wolles and wolfell of this youre realm, and of the grete yerely revenues of youre custumes and subsidies that shuld growe to you of shippyng of suche wolle and wollefell, and to the abatyng of the payment of the wages of the soudeours attendyng upon the saufgarde of youre toun and marches of Caleys, and also the pouere growers of the wolle of youre seid realm therby over gretly enpoveryshed. 71. Subsidies. The commons pray: whereas in this your parliament commenced at Reading on 6 March in the thirty-first year of your reign [1453] and adjourned to Westminster until this present 11 February [1454], a subsidy called poundage has been granted to your highness a subsidy called poundage; that is to say, on all manner of merchandise of every denizen and alien merchant, of the merchants of both the Hanse and of Germany and of any other alien merchant, exported from this your realm or imported to the same as merchandise, on the value of every 20 s ., 12 d ., to be paid to you from 3 April next comming for term of your natural life, with certain exceptions specified in the same grant; by force of which act your true poor subjects, denizen merchants of this your realm, should be liable to pay to you 12 d . on the value of 20 s . of all their woollen cloth exported from the same after the said 3 April, which would be a very great unbearable charge to them, and lead to the impoverishment of a great number of the poor people of this your realm; and the likely cause of restraint and impediment to the sale of all manner of woollen cloth made within the same, which shall cause by process of time a small amount of cloth to be made in this your said realm, and thereupon great unemployment among your poor liege people, and the means of destroying your navy, and cause your wool to be of less value, to the great destruction of the producers of the same. And moreover in this your said parliament on the said 6 March, there has been granted to you a certain subsidy on wool and woolfells; that is to say, from every denizen merchant for the subsidy on every sack of wool 43 s . 4 d ., and on every 240 woolfells 43 s ., 4 d ., to be paid to you for the term of your natural life from the said 3 April, as more fully appears in the act of the grant made thereupon in this same parliament; by which your poor subjects, the merchants of your staple of Calais, would be compelled after the said 3 April to pay to you on every sack of wool and on every 240 woolfells 10 s . more by way of subsidy than they have been accustomed to pay in any of the time of your most blessed reign; which charge being unbearable to them is likely to mean that they shall be unable to buy or ship any large quantity of wool produced in this your realm to be sent to your said staple; whereupon the very excessive depreciation and decrease in the price and value of the wool and woolfells of this your realm, and of the large annual revenues of your customs and subsidies that should accrue to you from the shipment of such wool and woolfells, and the reduction in the payment of the wages of the soldiers attending on the safeguard of your town and marches of Calais is likely to result, and also the poor producers of the wool of your said realm thereby to be very greatly impoverished.
Please it your highnesse to considre, that not oonly thiese premysses, but many other damagious inconveniences shall growe and ensewe of the said charges and impositions, and theruppon of youre noble grace to [col. b] graunte and establissh by auctorite of this youre present parlement, that al manere merchauntes deynsens of this youre royalme, fro the seid .iij. de day of April be quyte and nat chargeable by vertue of the seid graunt of the subsidie, of the value of every .xx. s. of al maner their wollen clothe, or of the wollen cloth of any of theym, by theym to be had out of this realm to any parties beyonde the see. And that every merchaunt deynsen of this your realm, be quyte and nat chargeable be force of the same graunt, of .x. s. of the subsidie of every sak of wolle and of every .ccxl. wollefell, of every merchaunt deynsen of this your realm, or of any of < þaim goyng out > or shipped out of this youre realm towardes your towne of Caleys: the said graunt made to you, or act had in this youre present parlement, in any wyse notwithstondyng. May it please your highness to consider not only these foregoings, but that many other damaging inconveniences shall result and ensue from the said charges and impositions, and thereupon from your noble grace to [col. b] grant and establish by the authority of this your present parliament that all manner of denizen merchants of this your realm from the said 3 April shall be quit and not chargeable by virtue of the said grant of the subsidy of the value of every 20 s . on all manner of their woollen cloth, or on the woollen cloth of any of them, to be exported by them from this realm to any regions overseas. And that every denizen merchant of this your realm shall be quit and not chargeable by force of the same grant of 10 s . of the subsidy on every sack of wooll and on every 240 woolfells of every denizen merchant of this your realm, or of any of them sent out or shipped out of this your realm towards your town of Calais: notwithstanding the said grant made to you, or the act made in this your present parliament in any way.
The kyng will that every merchaunt deynsyn born his liege man within this his realm, which as shall shippe and carie any wollis or wolfell to the staple of Caleys, or thurgh the straites of Marrok, by the kyngs licence, for such wolles and wolfell so shipped, and to the seid staple or thurgh the seid streites caried, be quyte and discharged of .x. s. parcell of the seid subsidie of .xliij. s. .iiij. d., graunted to the kyng in this present parlement of every sak of woll, and of every .ccxl. wolfell, from the thridde day of Aprill specified in the seid graunte, by the space of .v. yere then next folowyng. And also that every seid merchaunt deynsyn, be quyte and not chargeable by vertue of the seid graunte, of the subsidie of .xij. d. of the value of every .xx. s., of al maner wollen cloth by theym or eny of theym to be had out of this realm, to any parties beyonde the see, fro the seid .iij. day, by the space of .iij. yere then next folowyng. (fn. v-227-686-1) The king wills that every denizen merchant born his liegeman within this his realm who shall ship and carry any wool or woolfells to the staple of Calais, or through the straits of Gibraltar, by the king's licence for such wool and woolfells thus to be shipped and carried to the said staple or through the said straits, shall be quit and discharged of 10 s ., part of the said subsidy of 43 s . 4 d ., granted to the king in this present parliament on every sack of wool and on every 240 woolfells from 3 April, specified in the said grant, for the period of five years then next following. And also that every said denizen merchant shall be quit and not chargeable by virtue of the said grant of the subsidy of 12 d . of the value of every 20 s . on all manner of woollen cloth to be exported by them or any of them from this realm to any regions overseas from the said 3rd day for a period of three years then next following. (fn. v-227-686-1)
[Marriage of women against their will: Joan Beaumont.] [Marriage of women against their will: Joan Beaumont.]
72. < The petycion of Henry Beamount, Charles Nowell, sqier, and others. > To the worshipful and discrete comones assembled in this present parlement humblie besecheth Henry Beaumont, sone and heir of seignur Henry Beaumont knyght, Charles Nowell squier, and John Twycrosse yoman, tenderly to considre: howe ageyn the peas of oure soverain lord the kyng where that oure seid soverain lord afore this tyme, hath of his highnesse liked that his peas shulde be kept, and that grete riottes, rapes, murdres and manslaughters, doon in divers parties of his lande shulde be punysshed, and his lawes duely executid as they have ben in tyme passed: and this notwithstondyng, where as Dame Johane Beaumont, late the wyf of Henry Beaumont knyght, had made a lawfull contract of mariage with the said Charles within the manoir of Thorp in Balme: long after the which contract, where as the seid Johane on the Friday next before the fest of Alhalowes, in the yere of the reigne of oure soverain lord .xxxi. ti , where the seid Johane was in Goddes peas and the kynges, in the chapell within the towne of Thorp in Balme, in the shire of York, heryng hir high masse, ther cam oon Edward Lancastre, of Shipton in Craven in the shire of York gentilman, William Lancastre of Burgham in the shire of Westmerland gentilman, John Curson late of Belthorp in the shire of York gentilman, John Paslewe of Barneby upon Doune in the shire of York gentilman, Hugh Kyng late of Shipton in the shire of York yoman, Richard Loge late of Shipton in the Craven in the shire of York yoman, Richard Bate of Carleton beside Pountfret in the shire of York yoman, William Bate of the same toune in the shire of York yoman, Piers Burton of Almeholme in the shire of York yoman, Cristofore Wythes late of Salley in the shire of York yoman, Richard Burton of Burham in the shire of Westmerland yoman, Robert Cooke late of Shipton in the Craven in the shire of York yoman, Thomas Strete late of Pountfret in the shire of York yoman, [p. v-270][col. a] Thomas Watkynson late of Pountfret in the shire of York yoman, and Robert Withes late of Salley in the shire of York vacabunde, with many other riottours and misdoers gadred to theym unknowen, arraied in the maner of werre to the nombre of .xl. persones, as felons of our said soverain lord, lay in awayte in the seid town of Thorp in Balme, felonesly to ravissh and robbe the seid Johane; the which Edward, by the help, comfortynge and abettynge to hym made there of the said misdoers, [...] the seid Johane there and than fonde with force and armes felonesly ravisshed, and toke and sett her on an hors behynde a man of his, and bonde her fast to hym with a towell, and rode awey with her unto unknowen place, and by his sotell ymagination to thentent that the seid Johane shuld have no suyt ayenst hym of the seid ravisshment, brought hir to a chirche, and there a preest of his assent was redy to wedde and mary the said Edwarde Lancastre and her togidre; and whan the said preest wold have hir to sey the wordes of matrimony, she wold not sey hem, for she said < that she was > another mannes wyf, and therupon the seid Edward manaced hir hidously, to bete and to lede hir out of this land into Scotlond, but she wold sey as the preest bad hir; and than she asked the preest how [he] durst take upon hym for to wedde hem togidre, without that they had be lawfully askid in the chirche, after the cours of the lawe, and he seid þat he durst doo noon otherwise for fere and dought of his < dethe; > and so she was ayenst her will by cohercion wedded unto hym; and also in the seid town and manoir of Thorp, and on the same Friday, with force and armes the said misdoers made assaute uppon Anneys Beaumont, doughter to the seid Henry Beaumont knyght and Johane, and suster to Henry youre seid suppliaunt, and her they toke and lede awey with hem, and thurgh misrule and kepyng she is benomen and lame as it is seid; and also in the seid town and manoir of Thorp, on the same Friday, with force and armes the seid misdoers made assaute uppon oon John Cook, and John Louthe, yomen and servauntes to the same Johane, and the seid John Cook bete and wounded with swerdes, and other servauntes of the same Johane beyng in her company, with force and armes ayenst the kynges peas; and also in the seid town and manoir of Thorp, on the same Friday, in the chapelle there aportuos of the goodes and catelx of youre seid suppliante Henry Beaumont, to the value of .c. s., there and than < fonde, felonsly þey stale > and toke awey. 72. The petition of Henry Beaumont, Charles Nowell, esquire, and others. To the honourable and discreet commons assembled in this present parliament Henry Beaumont, son and heir of Sir Henry Beaumont, knight, Charles Nowell, esquire, and John Twycross, yeoman, humbly beseech you compassionately to consider: how against the peace of our sovereign lord the king when it has pleased our said sovereign lord in the past from his highness that his peace should be kept, and that great riots, rapes, murders and manslaughters, committed in various parts of his land should be punished, and his laws duly executed as they have been in past times: and notwithstanding this, whereas Lady Joan Beaumont, widow of Henry Beaumont, knight, had made a lawful contract of marriage with the said Charles within the manor of Thorpe in Balne: long after which contract, whereas the said Joan on the Friday next before the feast of All Souls in the thirty-first year of the reign of our sovereign lord [27 October 1452], when the said Joan was in God's peace and the king's in the chapel within the town of Thorpe in Balne, in the county of York, hearing her high mass, there came one Edward Lancaster of Shipton in Craven in the county of York, gentleman, William Lancaster of Birgham in the county of Westmorland, gentleman, John Curson, late of Belthorpe in the county of York, gentleman, John Paslewe of Barneby upon Doune in the county of York, gentleman, Hugh King, late of Shipton in the county of York, yeoman, Richard Loge, late of Shipton in Craven in the county of York, yeoman, Richard Bate of Carleton beside Pontefract in the county of York, yeoman, William Bate of the same town in the county of York, yeoman, Piers Burton of Almholme in the county of York, yeoman, Christopher Wythes late of Sawley in the county of York, yeoman, Richard Burton of Birgham in the county of Westmorland, yeoman, Robert Cooke, late of Shipton in Craven in the county of York, yeoman, Thomas Street, late of Pontefract in the county of York, yeoman, [p. v-270][col. a] Thomas Watkinson, late of Pontefract in the county of York, yeoman, and Robert Withes, late of Sawley in the county of York, vagabond, with many other unknown rioters and wrongdoers assembled with them numbering 40 persons, arrayed in the manner of war, as felons of our said sovereign lord, lay in wait in the said town of Thorpe in Balne feloniously to rape and rob the said Joan; which Edward, by the help, support and abetting of the said wrongdoers given to him there, found and feloniously raped the said Joan there and then with force of arms, and took and put her on a horse behind a man of his, and tied her securely to him with a cloth, and rode away with her to an unknown place, and by his subtle scheming so that the said Joan shuld have no suit against him for the said rape, brought her to a church, and there a priest of his faction was ready to wed and marry the said Edward Lancaster and her together; and when the said priest would have her to say the words of matrimony, she would not say them, for she said that she was another man's wife, and thereupon the said Edward threatened dreadfully to beat her and to lead her out of this land into Scotland unless she would say as the priest bade her; and then she asked the priest how he dare presume to marry them together, when they had not been lawfully asked in the church according to the course of the law, and he said that he dared not do otherwise for fear and dread of his death; and so, against her will, she was married to Edward by coercion; and also in the said town and manor of Thorpe, and on the same Friday, with force of arms, the said wrongdoers made an assault on Anne Beaumont, daughter of the said Henry Beaumont knight and Joan, and sister of Henry your said petitioner, and they took her and lead her away with them, and through mistreatment and capture she is crippled and lame as it is said; and also in the said town and manor of Thorpe, on the same Friday, with force of arms, the said wrongdoers made an assault on one John Cook and John Louthe, yeomen and servants of the same Joan, and beat and wounded the said John Cook with swords, and other servants of the same Joan who were accompanying her, with force of arms against the king's peace; and also in the said town and manor of Thorpe, on the same Friday, in the chapel there some of the goods and chattels of your said petitioner Henry Beaumont to the value of 100 s ., there and then found, they feloniously stole and took away.
Wherfore please it youre wyse discretions to considre, howe the said Edward nor the seid riottours and misdoers, feren nor dreden the kyng oure soveraine lord nor execution of his lawes, nor no thyng pondreth nor weyeth the same, the which is grevous and heynous example but if it be right sore punysshed, to pray the kyng oure soverain lord, by thassent of his lordes spirituell and temporell, and his communes, and by auctorite of this present parlement, to ordeyn and provide, that a writt out of the kynges chauncelry of Englond, be direct unto the shiref of the shire of York for the tyme beyng, commaundyng hym upon peyne of .ccc.li., that anon after the seid writ delivered, he do make proclamation solemnly at York thre dayes suyngly eche after other, that the seid Edward ravisshour, and all other riottours and misdoers afore specified, do appere in theire propre persones afore our soverain lord, where soever he be in Englond, in his Benche at the day and retourne of the same writt, the which day of retourne be a moneth and more after the date of the same writt, so that the seid proclamation be had a moneth before the said day of retourne at the lest, to answere to the seid rape, felony or trespas, by what name soever they be called. And in cas that they or any of theym, at the said day of retourne, in theire propre [col. b] persones appere nat, that than they that appered nat, by auctorite aforeseid be atteynt and convict of the same felonye, rape and trespace, as veryly and in the same forme and effect, as they were atteynt and convict at theire own myse, < by action at þe suyt of þe > seid Henry Beaumont, Charles Nowell and John Twycrosse. And if so be the seid Edward Lancastre and the misdoers aforeseid, or any of thaim, appere by force of the seid proclamation as it is afore reherced, that thanne the justices of the < plees > afore the kyng to be holden assigned by this seid auctorite, may put hem or eny of hem to answere to the seid rape, felonye and trespas, by bill at the suyt of oure soverain lord the kyng, or of the parties aboveseid, and to committ hem to the pryson of Flete, there to abide without baille or maynprys, unto the tyme that such action or actions of the felonye, rape or trespace afore seid, shewed or to be shewed ayenst hem or any of hem by oure seid soverain lord the kyng, or by the seid Henry Beaumont, Charles Nowell and John Twycrosse, or any of hem, or eny persone, on this syde the .xv. me of the Trinite next folowyng, afore oure seid soverain lord as is aforeseid be fully tryed and determyned. And if so happen that the keper of hem or any of hem, let hem or eny of hem goo at large or by baille or baston, that than the seid keper forfet .cc.li., that is to sey, a .c.li. to the kyng oure soverain lord, and .c.li. to the parties aboveseid, or to hym that will sue hit in her defaute; and the seid Henry Beaumont, Charles and John Twycrosse, or eny of hem, by the seid auctorite, may sue theire appele of rape and actions of trespace, by writt or by bille, in propre persone or by theire attourney, of the rape, felonyes and trespace afore reherced, the same espouselx betwene the seid Edward Lancastre and Johane had and to be allegged notwithstondyng; and that the alleggynge and pledyng of the same espouselx in the same appele or actions of trespace, be had for nought, voide, and for noo plee; and that al maner foreign plees to be pleded and allegged in the seid actions of appele or trespas by the seid Edward Lancastre, or by eny of the seid misdoers, in any shire or place triable than in the seid shire of York, where the seid rape, felony and trespace were doon, be had for nought, voide, and for noo plees in lawe. And to pray the kyng our soverain lord, by thassent of his lordes spirituell and temporell, and by auctorite of this present parlement, to ordeyn and provide, that the seid Johane be delyvered to the archiebisshop of York ordinary, or to the Viscount Beaumont brother to the seid seignur Henry, or elles to whom oure seid soverain lord the kyng will assigne, within .iij. wokes after the first proclamation made, upon peyne the seid Edward Lancastre to be convict and atteynt of the seid rape and trespasse, so that she may be at large in her fredam, to sue suche actions as is behoefull for her in the seid rape, felony and trespas. And over that, where in all parties of this realm, dyvers people of myght, movyd of insaciable covetyse ayenst all right gentilnes, trouthe [memb. 1] and good conscience, have laboured and founden newe inventions and theym besily executid, to thendaungeryng, trouble and mistretyng of all ladies, gentilwomen, and other women beyng soule, havyng eny substaunce of londes, tenementes, or other moevable goodes within this realm, understondyng the grete innocency and symplenes of hem, will take hem by strength, or elles come unto theym resemblyng to be theire grettest frendes, promyttyng hem theire feithfull frendship, and so by grete dissimulation or otherwyse geten hem into their possession, < bryngyng > hem into such places where the seid misdoers be most of might, and whan any woman by suche meanes or by eny other meane been in theire governance, the seid evil disposed persone or persones will not suffre hem to goo at large and be at [p. v-271][col. a] theire libertee, unto the tyme that they will bynde hem unto the seid misdoers, or to other persone or persones to theire use in grete sommes, by obligation or obligations, aswell sengell as conditionell, or by obligation or obligations of statute marchaunt, made tofore a maire or baillif havyng power to take suche reconisances; also often tyme they will compelle theym to be maried by hem contrarie to theire own desires, or elles they will do levy the seid somme or sommes of theire londes and goodes, and endaunger theire persone or persones, to theire full grete hurte; which hath be, and is likly < to be an universal > prejudice bothe to holy churche lawe, and the lawe of this realm, without a due remedie therupon may be provided. Wherefore may it please your wise discretions to consider how the said Edward or the said rioters and wrongdoers do not fear or dread the king our sovereign lord nor the execution of his laws, nor think on nor consider the same, which is a grievous and heinous example unless it is very severely punished, to pray the king our sovereign lord, by the assent of his lords spiritual and temporal, and his commons, and by authority of this present parliament, to ordain and provide that a writ be issued from the king's chancery of England to the sheriff of the county of York at the time, commanding him upon pain of £300 that soon after the said writ is delivered he shall make solemn proclamation at York on three consecutive days that the said Edward rapist, and all the other rioters and wrongdoers specified above, shall appear in their own persons before our sovereign lord, whereever he shall be in England, in King's Bench at the day and return of the same writ, which day of return shall be a month and more after the date of the same writ, so that the said proclamation shall be made a month before the said day of return at least, to answer to the said rape, felony or trespass by any name they are called. And in case that they or any of them do not appear in their own persons at the said day of return, [col. b] that then they who have not appeared shall, by the aforesaid authority, be attainted and convicted of the same felony, rape and trespass, as in truth and in the same form and effect as if they were attainted and convicted individually, by action at the suit of the said Henry Beaumont, Charles Nowell and John Twycross. And if it happens that the said Edward Lancaster and the aforesaid wrongdoers, or any of them, appear by force of the said proclamation, as it is stated above, that then the justices of the plees to be held before the king assigned by this said authority may put them or any of them to answer to the said rape, felony and trespass by bill at the suit of our sovereign lord the king, or of the abovesaid parties, and to commit them to Fleet prison, to remain there without bail or mainprise until the time that such action or actions of the aforesaid felony, rape or trespass, presented or to be presented against them or any of them by our said sovereign lord the king, or by the said Henry Beaumont, Charles Nowell and John Twycross, or any of them, or any person, before the quinzaine of Trinity next following [17 June 1453 or 30 June 1454], is fully tried and determined before our said sovereign lord, as it is said above. And if it so happens that the gaoler of them or any of them lets them or any of them go at large or by bail or baston, that then the said warder shall forfeit £200, that is to say, £100 to the king our sovereign lord, and £100 to the abovesaid parties, or to him who will sue it if they fail to; and the said Henry Beaumont, Charles and John Twycross, or any of them, by the said authority, may sue their appeal of rape and actions of trespass by writ or by bill in their own person or by their attorney of the aforementioned rape, felonies and trespass, notwithstanding the same marriage made and alleged between the said Edward Lancaster and Joan; and that the alleging and pleading of the same marriage in the same appeal or actions of trespass shall be considered null, void, and no plea; and that all manner of foreign pleas to be pleaded and alleged in the said actions of appeal or trespass by the said Edward Lancaster, or by any of the said wrongdoers, which are able to be tried in any county or place other than in the said county of York where the said rape, felony and trespass were committed, shall be considered null, void, and no pleas in law. And to pray the king our sovereign lord, by the assent of his lords spiritual and temporal, and by the authority of this present parliament, to ordain and provide that the said Joan be handed over to the archbishop of York as ordinary, or to Viscount Beaumont, brother of the said Sir Henry, or else to whom our said sovereign lord the king will assign, within three weeks after the first proclamation is made, upon pain that the said Edward Lancaster shall be convicted and attainted of the said rape and trespass, so that she may be free to sue such actions as are needful for her in the said rape, felony and trespass. And in addition, whereas in all parts of this realm, various people of power, moved by insatiable covetousness against all rightful courtesy, truth [memb. 1] and good conscience, have laboured and found new schemes and have hastily implemented them in order to endanger, trouble and mistreat all ladies, gentlewomen, and other women who are single, who have any substantial lands, tenements or other moveable goods within this realm, understanding their great innocence and simpleness, will take them by force, or else come to them pretending to be their greatest friends, promising them their faithful friendship, and so by great dissimulation or otherwise get them into their possession, bringing them to such places where the said wrongdoers are most powerful, and when any woman has been under their control by such means or by any other means, the said evil disposed person or persons will not allow them to go at large and be at [p. v-271][col. a] their liberty until they bind themselves to the said wrongdoers, or to another person or persons for their use, for large sums, by obligation or obligations, both simple and conditional, or by obligation or obligations of statute merchant made before a mayor or bailiff who has power to issue such recognizances; also they will often compel them to be married by them contrary to their own desires, or else they will cause the said sum or sums to be levied from their lands and goods, and endanger their person or persons to their very great harm; which has been, and is likely to cause universal damage to both holy church law and the law of this realm unless due remedy might be provided thereupon.
That it like youre grete wisdoms to praye the kyng our soveraine lord, by thassent and advyse of his lordes spirituell and temporell, and his comones in this present parlement assembled, to ordeyn and establissh by auctorite of the same, that in all suche cases abovesaid, the party bounden may have a writt out of the chauncelry, conteynyng all her mater of her unresonable entretyng, direct unto the shiref of the shire where eny suche offences were soo doon, or hereafter shall be doon, commaundyng hym that he be force of that writte, make proclamation in the pleyne shire in the next counte after the receite of the seid writte, that those persone or persones conteyned in the seid writte, do appere at a certayn day and place prefixed in the seid writt, before the chaunceller of Englond for the tyme beyng, or elles before the justices of assise in the seid shires where the seid offences were doon, or elles before sum other notable persones to be assigned by the chaunceller of Englond for the tyme beyng; at which day and place if the seid parties appere, that than the seid chaunceller, justice, or other persone so to be assigned by the seid chaunceller for the tyme beyng, by vertu of this act, do examen < duely the seid > [col. b] < parties > upon these < premisses; by > which examination if they can fynde the seid obligation or obligations, or eny of hem, to be made in suche wyse as is aboveseid, that than the seid obligation or obligations, and all processe and execution sued or to be sued theruppon, to be voied and of noon effect. And if it be founden by examination tofore theym, that the seid obligation or obligations, or eny of hem, were made or shall be founde made for a very duete, and by noo suche meanes as is tofore seid, that than the seid obligation or obligations, and all the processe and execution sued or to be sued therupon, to stonde good and effectuell. And if it so be that the persone or persones in suche writtes named or to be named, ageyn whom eny suche writtes hereafter shall be sued, make defaut at the day and place limited in the same writte or writtes, that than all suche obligation or obligations as ben tofore specified, and in the seid writt or writtes < expressid, > and al maner processe and execution sued or to be sued therupon, be voied; and that [the] shirref or shirrefs to whom suche writt or writtes upon this act hereafter to < be conceived > shall be direct, do execute the seid writtes accordyng to the tenure of hem, upon peyne of .ccc.li. whereof the kyng our soverain lord to have the oon half, and that other half to the partie that sueth the seid writt of proclamation. And that the seid partie so greved, may have an action of dett in all suche case, ayenst the seid shirref for the half of the seid .iij. c li. < so > forfait, with processe of outlawry. And that the partie or parties defendauntes in eny suche action hereafterward ayenst eny shirref or shirrefs to be sued, shall ley noo protection, ne wage his lawe, nor be receyved to make or plede eny foreyn plee to be tried in any other place than there the forseid writte grounded upon this act is sued. May it please your great wisdoms to pray the king our sovereign lord, by the assent and advice of his lords spiritual and temporal, and his commons assembled in this present parliament, to ordain and establish by the authority of the same that in all such abovesaid cases, the party who is bound may have a writ out of the chancery containing all the substance of her unreasonable treatment directed to the sheriff of the county where any such offences were so committed, or shall be committed in future, commanding him that he, by force of that writ, makes proclamation in the whole county in the next county court held after the receipt of the said writ that those person or persons contained in the said writ shall appear at a certain time and place prearranged in the said writ before the chancellor of England at the time, or else before the justices of assize in the said counties where the said offences were committed, or else before some other notable persons to be assigned by the chancellor of England at the time; at which time and place if the said parties appear, that then the said chancellor, justice, or other person thus to be assigned by the said chancellor at the time by virtue of this act shall duly examine the said [col. b] parties on these premisses; by which examination if they can find the said obligation or obligations, or any of them, to be made in such a way as is said above that then the said obligation or obligations, and all process and execution sued or to be sued thereupon, shall be void and invalid. And if it is found by examination before them that the said obligation or obligations, or any of them, were made or shall be found made in due form, and by no such means as is said above, that then the said obligation or obligations, and all the process and execution sued or to be sued thereupon, shall remain good and effective. And if it so happens that the person or persons named or to be named in such writs, against whom any such writs shall be sued hereafter, makes default at the time and place specified in the same writ or writs, that then all such obligation or obligations as have been previously specified, and expressed in the said writ or writs, and all manner of process and execution sued or to be sued thereupon, shall be void; and that the sheriff or sheriffs to whom such a writ or writs to be drawn up on this act hereafter shall be directed shall execute the said writs according to their tenor, upon pain of £300, of which the king our sovereign lord shall have the one half, and that other half shall go to the party who sues the said writ of proclamation. And that the said party thus grieved may have an action of debt in all such cases against the said sheriff for the half of the said £300 thus forfeit, with process of outlawry. And that the party or parties defending any such action to be sued hereafter against any sheriff or sheriffs shall be allowed no protection, nor wage his law, nor be allowed to make or plead any foreign plea to be tried in any other place than where the aforesaid writ based on this act is sued.
Soit fait come il est desire en toutz pointz. (fn. v-227-693-1) Let it be done as it is desired in all points. (fn. v-227-693-1)

Appendix 1453

Reading

6 March -28 March 1453

Westminster

25 April - 2 July 1453

Reading

12 November, prorogued to 11 February 1454

Westminster

14 February 1454-17 April 1454

1

Commission to Richard, duke of York to hold the parliament

The 13 th day of February in the 32 nd year of the reign of our sovereign lord King Henry VI [1454] at Westminster in the great council chamber it was demanded by the chancellor of England to whom the king's power should be committed for the holding of the parliament at this time, and it was answered, advised and accorded by the lords here listed that the said power should be committed to the duke of York and that the said chancellor of England should make a commission in due and ample form to the said duke of York under the great seal to the abovementioned intent, and to proceed, end and dissolve the said parliament and do all things that shall be necessary for any of the foregoing.

In the day and month and place noted above, it was advised and agreed, those lords present being the lord Cardinal of Canterbury, the archbishop of York, the bishops of London, Winchester, Ely, Norwich, Hereford, Salisbury, Lincoln, Durham, the earls of Warwick, Salisbury, Devon, Worcester, the treasurer of England, Oxford, Shrewsbury, the barons Prior of Saint John, Cromwell, Greystoke, Grey, Ruthin, Fitzhugh, Dudley, Clinton, Fitzwaren, Stourton, Scrope, Rutland.

Source : PRO C 81/1546/76 printed in J. F. Baldwin, The King's Council in the England during the Middle Ages (Oxford, 1913), 197, note 3.

2

The 30 th day of March in the 32 nd year [1454] at Westminster in the council chamber during the time of the parliament it was advised and ordained at the desire and request of the commons of this land that the right reverend father in God the bishop of Ely, for his great merits, virtues and the great lineage ( bloode ) that he is of, should be recommended to our holy father the pope to be promoted to the archbishopric and church of Canterbury which is now void by the death of the most reverend father in God John Kemp, late cardinal, and the archbishop of the said see. It was also, on 1 April in the place abovesaid, granted and ordained that Mater William Gray, should in similar fashion be recommended to the bishopric and church of Ely and to be promoted thereto at the time that it becomes void by the translation of the right reverend father abovesaid. It was also advised and assented, considering the blood, virtue and wisdom that Master George Neville, son of the earl of Salisbury, chancellor of England, is of, that he should be recommended to the said holy father to be promoted to the next bishopric that becomes vacant within this realm, the promotions abovesaid of Canterbury and Ely having been completed. And that letters under the king's privy seal be ordained and sent.

(Translated from Latin) in the year, month and day and place written above, it was advised that the keeper of the privy seal make such letters under that seal according to the effect of the above, with the lords below subscribing. T. Kent

W. York; T. London; W. Winchester; R. Durham; J. Worcester; W. Norwich; J. Lincoln: J. Hereford

R[ichard, duke of] York; H[umphrey, duke of] Buckingham; R[ichard, earl of] Warwick; J[ohn, earl of] Worcester; Devon; R[ichard, earl of] Salisbury; Beaumont; Bourgchier; W[illiam, lord] Faunconberg; Scales; J[ohn, lord] Dudley; W[illiam, lord] Fiennes; Abergavenney.

Thomas abbot of Gloucester; Richard, abbot of Battle; John, abbot of Selby; Prior of St John [of Jerusalem]

Source : British Library Cotton Titus E VI, folio 273, printed in RP , V.450, and in POPC , VI.168-9. Main text in Middle English.

3

Henry etc to the treasurer and barons of our Exchequer, greeting. Since by the authority of our last parliament begun at Reading and ended at Westminster it was ordained and established by authority of the same that every lord spiritual and temporal who did not come to the said parliament from 13 February last [1454] until the last day of the same month should pay to us a certain sum unless he cannot come because of sickness or weakness. The latter should not be included in the said act but should pay such a fine as should be thought reasonable to the lords of the council as is more fully expressed in the said act. And in so much as it has been supposed by us and our said council that divers lords of this realm, both spiritual and temporal, were so sick or feeble that they could not and were not able to come to our said parliament within the time specified in the said act, that is to say E. bishop of Exeter, Thomas, bishop of Bath and Wells, J. bishop of Rochester, the earl of Westmorland, the abbot of St Albans, the abbot of Bardeney, the abbot of St Benet of Holme, the abbot of Glastonbury, the abbot of Crowland, Edward Gray, lord of Groby, Robert Hungerford the elder, knight, John le Scrope of Masham knight, William Zouche of Harrington, knight, William Lovell knight, Thomas Hoo, knight, our said council has taken just and impartial examination of their said sickness and weakness and found by this examination that it was true. Therefore according to the said act, the said lords of our council have assessed the said lords and each of them to be fined as follows: the bishop of Exeter 80 marks, the bishop of Bath and Wells 80 marks, the bishop of Rochester 20 marks, the earl of Westmorland 50 marks, the abbot of St Albans £10, the abbot of Bardeney £20, the abbot of St Benet of Holme £20, the abbot of Glastonbury £40, the abbot of Crowland £30, Edward Gray, lord of Groby £20, Robert Hungerford the elder, knight, £20, John le Scrope of Masham knight, 40 marks William Zouche of Harrington, knight, 40 marks, William Lovell knight, 40 marks, Thomas Hoo knight, £20, the which assessing of fines made by the lords by our council we send and notify to you so that you can proceed to levy the same and all other things which belong to you in that respect. Given at Westminster 24 May in the 32 nd year [1454].

W. archbishop of York; W bishop of Winchester, T. Bishop of Ely; W. bishop of Norwich, J. bishop of Lincoln; Norfolk: R. Salisbury; Oxford; J. earl of Worcester; R. St John; Stourton.

(Latin) In the month, day and place aforesaid the king by advice of the lords of the council listed above ordered the keeper of the privy seal to make letters under that seal according to the tenor above.

Source : British Library Additional Manuscript 4611, art. 82, printed in POPC , VI.181-3. There is a copy also in PRO E 28/84/23. On 29 May 1454 the fine of £40 put on Lord Saye was removed on the grounds that 'we call well to our remembrance that Lord Saye was not absent but during the said time was with us and the other lords of our parliament present in the same, as is proved before our council'. POPC , VI.187-8 from British Library Additional Manuscript 4611, art. 82.

4

Petition 'to the kynge our sovereign lord and his discrete counsell' that the abbot of Bury St Edmunds should not be fined for non-attendance at parliament as he was elected to his abbacy after the parliament was summoned. The reply is given that on 15 April in the 32 nd year of Henry VI [1454] the king 'with the advice of the lords spiritual and temporal in the parliament of the king then congregated, considering the abovesaid, wished and granted this bill as it was sought and that there should be a writ of exoneration on the same'.

Source : PRO SC 8/28/1386, printed in RP , V.335. Petition in Middle English with reply in Latin.

5

Letter of Thomas Dennys to John Paston.

This letter in Middle English relates to the petition put forward by Walter Ingham (Appendix item 6) and is interesting for its references to the different parts of parliament. Dennys tells Paston how 'a strange act is passed against me in the Higher House before the lords, of which I send you a copy, never the less I hope to God that it shall not pass into the Common House'. Dennys gives further details of his position and of the threats to his servants in Norfolk as well as to his wife who went into premature labour after her arrest.

The letter is dated at the Fleet prison on Wednesday in the second week of Lent [20 March 1454], and has as a postscript ' now the Cardinal (i.e. Archbishop Kemp) is dead and the king is relieved'. Kemp died on 22 March. The reference to the king being relieved may relate to the appointment of a protector given that the act refers to how the king's recovery will not be assisted if he has to carry the burdens of office.

Source : British Library Additional Manuscript 34,888 folio 93, printed in Paston Letters and Papers of the Fifteenth Century , ed. N. Davis, vol. 2, 85-6.

6

Petition of Walter Ingham

Petition of Walter Ingham of Norfolk, gentleman, that Thomas Dennys sent him a forged letter at Dunston on 11 January 1454 making it look as though the letter came from the earl of Oxford, who was totally ignorant of the letter, and that the earl had commanded him to come to him at Wivenhoe, Essex on 13 January. The petition goes on to explain how Dennys prepared several men 'as if for war with jakkes, salettes, lange de boeufs, and boar spears in two ambushes in two places', plotting to kill Ingham. This action was because Ingham had worked with his father for a writ of sub poena against Dennys and Agnes, his wife. Ingham was seriously wounded, and now has to use crutches because of a wound to his right leg. His friends had complained to the chancellor asking that a sergeant of arms should be sent to arrest Dennys in order that he should appear before the chancellor in Chancery as he was then in London. One of the sergeants did go to Lincoln's Inn to arrest Thomas, who tried to resist but was placed in the Fleet by order of the chancellor. 'Wherefore may it please your highness, of your most noble and abundant grace, by the assent of your lords spiritual and temporal and of your commons in this your present parliament assemble, and by authority of the same' to order that Dennis should remain in the Fleet prison and not be allowed bail until he has answered to the actions put by Ingham as petitioner, considering that he would do Ingham further harm if allowed his liberty.

Source : British Library Additional Manuscript 27,444 folio 24, printed in Paston Letters and Papers of the Fifteenth Century , ed. N. Davis, vol. 2, 86-8.

7

Petition in English that the king, by the assent of the lords and commons assembled in the present parliament, that the act made in the parliament at Westminster November 1449, which ended at Leicester, be revoked as other arrangements have been made in the present parliament, and that the letters patent made for the East March in the same parliament also be annulled so that the king is not double charged. This act is requested to begin on 'this same day, that is 17 April 32 Henry VI [1454].

Reply is given that the king wills it, save that assignments already made should be honoured. It is noted that the commons assented to this bill.

Source : PRO C 49/29/18, printed in RP , V.272.

8

Petition in English by the commons concerning the king's silver mines in Devon, Cornwall, Somerset and Dorset.

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

Source : PRO C 49/29/19, printed in RP , V.272. As this petition mentions the mines of the Lord Prince it must date to after the birth of Edward in October 1453.

9

Petition in English by the commons to the king concerning the proper spending of the tenths and fifteenths.

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

Source : PRO C 49/29/20, printed in RP , V.272-3.

10

Petition in English by the commons concerning the preservation of the staple at Calais, complaining that too many licences have been granted to ship wool elsewhere and requesting that this act should take effect from 8 April 32 Henry VI [1454].

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

Source : PRO C 49/29/21, printed in RP , V.273-4.

11

Petition of the commons concerning the price of wool, complaining that prices have been so low that the commons of the land have not been able to pay taxes and the cloth industry has been damaged by too much wool passing overseas. A memorandum of prices by region is attached. The request is for the act to take effect in June next for ten years.

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

Source : PRO C 49/29/22, schedule at C49/29/23, printed in RP , V.274-5.

12

Petition in English by the commons concerning the staple at Calais complaining that too many licences have been given to ship wool, woolfells, hides, lead and tin elsewhere. Complaint is also made of the high toll charged by the duke of Burgundy at Gravelines, and requesting that no shipments be made into his territories unless he lowers the toll: remedy is to be applied with effect from 3 April 31 Henry VI [1453]. There are further complaints against foreign merchants, especially those of Lombardy.

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

Source : PRO C 49/29/24, printed in RP , V.275-7.

13

Grant by advice of the lords spiritual and temporal and the commons in the present parliament to the earl of Shrewsbury in repayment of money due to him. By petition in parliament. Dated 8 April 1453.

Source : CPR 1452-61 , 116.

14

Grant by the authority of the present parliament to Alice, duchess of Suffolk of the wardship and marriage of her son, John, and the keeping of his lands during his minority, in accordance with letters of 4 November 1445, despite the commitment of the same on 1 June 1451 to Thomas Scales and Miles Stapulton of the keeping of the inheritance of the young John de la Pole.

By the king. To this bill the commons consent. Let it be as desired.

Source : PRO C 49/28/12, printed in full in RP , V.394. That this belongs to the parliament of 1453 is confirmed by the entry on the Fine Roll ( CFR 1445-52 , 220-1) cancelling the award to Scales and Stapleton and noting that they surrendered their letters on 1 May 1453 pursuant to an act made at the parliament which began at Reading on 6 March and afterwards adjourned on 25 April to Westminster. See also C 49/29/17, act annulling grant made to the late duke of Suffolk but exonerating his wife from arrears, which may also belong to this period and perhaps parliament.

15

Appointment of John, cardinal and archbishop of Canterbury, chancellor of England to be at Reading on 12 November next and to prorogue the parliament begun there of late and adjourned to the said date and to 11 February next at Reading. By king and council. Dated 6 November 1453.

Source : CPR 1452-61 , 139.

16

Appointment of John, earl of Worcester, treasurer of England, to be at Reading on 11 February 1454 and to prorogue the said parliament until 14 February next at the palace of Westminster. By king and council. Dated 7 February 1454.

Source : CPR 1452-61 , 140.

17

Grant for life by the assent of the lords spiritual and temporal in the present parliament to Anne, duchess of Exeter, of the third part of the possessions late of John duke of Exeter and pardon for her entering the same without due suit and livery thereof, a like grant by letters patent dated 27 October 1447 being ambiguous in the opinions of divers skilled in law. By king and council in parliament. Dated 23 March 1454.

Source : CPR 1452-61 , 160-1.

18

Memorandum that on Monday 2 April 1454 between 11 and 12 o'clock various lords brought into the great chamber of parliament at Westminster in the presence of other lords attending the parliament a chest containing the three seals, which chest had been in the possession of Archbishop John Kemp, chancellor, deceased. On the day of his death this chest had been delivered to the Exchequer. It was now delivered to the earl of Salisbury, who had taken the oath as chancellor, and was transported to his house in London called Le Harbour ('Le Erber'). It is further noted that on the same day in his house the earl in a long chamber in his house, sealed with the great seal letters concerning the assignment of dower for Anne, duchess of Exeter 'by the assent of the lords spiritual and temporal present in the parliament'.

Source : CCR 1447-54 , 508-9, printed in RP , V.449-50. The lords present are all named.

19

Appointment during pleasure by the advice and assent of the lords spiritual and temporal and of the commonalty of England in the present parliament in consideration of the king's infirmity of the duke of York as protector according to an act made in t he said parliament on the date of these presents until Prince Edward comes of age. By the king by authority of parliament. Dated 3 April 1454.

Source : CPR 1452-61 , 159.

20

Commission to Henry, viscount Bourgchier and others to negotiate loans to be repaid from tonnage and poundage granted in parliament for the transport of army for the safekeeping of the sea and the defence of Calais. Dated 21 April 1454.

Source : CPR 1452-61 , 147-8.

21

Inspeximus of a petition put to the king in our last parliament held at Reading on 6 March 1453 by the community of our realm of England in that same parliament on behalf of Roger Chamberlain knight, and now residing in the files of our Chancellor. The petition is then recited, beginning 'to the right wise and discrete commons in this present parliament'. It recites how Roger, late of Greenwich, servant to Humphrey, duke of Gloucester, was indicted of treason, and requesting, 'by the advice of the lords spiritual and temporal in this present parliament assembled' that the record of indictment be annulled and that he be restored to all his lands and goods. This is followed by an inspeximus of the reply by the advice of the lords spiritual and temporal in the parliament and the commons, and by the authority of parliament on the dorse of the petition: let it be as it is desired. Exemplification of this is thus ordered in these presents at the request of Chamberlain. Dated 15 May 1454.

Source : CPR 1452-61 , 154, printed in full in RP , V.449, and RP , VI.62-4 where it is wrongly ascribed to 1472.

22

Note that at parliament of 31 Henry VI at Reading the king with the advice of the lords spiritual and temporal and the commons did give by authority of parliament to Margaret, his consort £40 per annum for life from the farm of manor of Kingsthorp, Northants. Dated 18 November 1454.

Source : CCR 1454-61 , 4-5.

23

Order to let John Nanfan have all the customs of Guernsey and Jersey, by letters patent of 24 Sept 31 Henry VI [1452] the king appointed him governor of the islands 'and in the parliament last held at Reading it was agreed by advice of the lords spiritual and temporal that appointments and covenants made between the king and Nanfan for the keeping and governance of the said islands be duly observed according to letters under the great seal, as appears by endorsement of a petition presented by the said John in parliament which is on the chancery file. Dated 8 December 1455.

Source : CCR 1454-61 , 84-5.

24

Commission to men in each county to assign how many archers each hundred etc can provide and what goods inhabitants have for support thereof, pursuant to proceedings begun at parliament at Reading 6 March 1453 adjourned till 22 April at Reading. Dated 17 December 1457.

Source : CPR 1452-61 , 406.

25

Petition in English that, as Thomas Percy, Lord Egremont and Richard Percy, esquire, his brother, have often raised men of Yorkshire, Cumberland, Westmoreland and Northumberland in riot, and Egremont has refused to appear in response to various summons, the first being for 3 March 1454, proclamation be made in York that they should appear before the chancellor by a certain date, with further details on what should happen if they do not.

Reply is given that it should be as desired.

Source : PRO C 49/28/13, printed in full in RP , V.395-6. This was placed by the editors of Rotuli Parliamentorum in the 'annis incertis' for Henry VI but the reference to the proclamation makes it likely to date to the parliament of 1453-4.

26

Order concerning Robert Poynings, late of Southwark, esquire, who was an adherent of John Cade, for his arrest, as he has continued to be involved in stirring up riots, despite a general pardon granted to him earlier. The offences referred to are dated in the petition to January and February 31 Henry VI [1453]. The king wills and ordains 'by the advice of our lords spiritual and temporal and by the assent of our commons in this our present parliament assembled and by authority of the same' that he and his accomplices should appear in Chancery within eight days of proclamation being made.

Reply is given that it should be as is desired. It is noted that the commons assent to this bill.

Source : PRO C 49/29/8, printed in full in RP , V.396-7. (Poynings had several pardons, eg on 14 August 1452 (PRO C 67/40 m.19), 5 August 1455 (C 67/41 m 31), 28 Jan and 14 May 1458 (with respect to the two acts in the parliament of 1453, C 67/42 m.33: CPR 1452-61 , 421, KB 27/789, rex rot. 4,5. (See also Parliament of 1450 Appendix item 4 for order for him to appear before king and lords in that parliament. See also POPC , VI.127-8 for his petition to the king and answer 21 May 1452. See also R. M. Jeffs, 'The Poynings-Percy dispute', BIHR , 34 (1961), 148-64). I am grateful to Dr Linda Clark for this information on Poynings.

27

Petition of Thomas de la More, esq., sheriff of Cumberland.

Source : PRO SC 8/29/1446, printed in RP , V.63-4 where it is wrongly dated to 1472. This dates to the last session of the parliament of 1453-4. See the petition to the council in PRO E 28/85/21, 22, and P. Booth, 'Men behaving badly? The West march towards Scotland and the Percy-Neville feud', The Fifteenth Century , III (2003), 95-116. I am grateful to Dr Linda Clark for these references.

28

Payment to clerk of the Chancery 'for his reward in labouring to search for statutes and other things with the intention of labouring to the parliament for a charter for the craft that there might be powers of search throughout England.

Source : C. Welch, History of the Worshipful Company of Pewterers of the City of London , I (London, 1902), 18, cited in Myers, 'Parliament 1422-1509', 172-3. No relevant petition has been located.

29

Note that in the parliament of 1453 the king's half brother Jasper put forward a bill in the Lower House ('in domum inferiorem').

Source : Registrum abbatiae Johannis Whethamstede , ed. H. T. Riley (Rolls Series, 1872), I.2-4.

30

Commission to William Montacu the younger and others reciting how various king's lieges living near the coast and others engaged in trade have been imprisoned and put to ransom and their ships, vessels and wares taken, and merchants under the king's friendship, protection and safe conduct have been taken and robbed, the king, by advice of the lords spiritual and temporal in the last parliament, desired Richard, earl of Salisbury and others to go to sea with large fleet, the which they did: and appointing Montacu and his fellows to arrest all ships and other vessels able to serve on the sea, as well as mariners within the counties of Hampshire, Somerset, Dorset, Devon, Cornwall and Bristol and bring the same to a certain port as necessary. Dated 4 June 1454.

Source : CPR 1452-61 , 175.

31

Abbot Whethamstede's comments on Sir Thomas Charleton, second speaker of the parliament of 1453

Resistance made to a certain knight who strove to take away from the church by the authority of parliament the manor of Burston.

Also in those times there was in the county of Middlesex a certain young knight whose neighbours called him 'Thomas Charletone'. Although he did not resemble a fox in person, he nevertheless had foxy ways and he assiduously, to use the words of the poet, 'carried in his corrupt breast the wily fox'. [Persius, Satires , book v, line 117] Sly, cunning, and crafty, he achieved many great things, and recovered many lands, rents and possessions from various people, and thereby frequently enriched himself further at the cost of others. Buoyed up by such means, and elevated, and with his heart puffed up within him, he proposed to go on to even greater things and to vex in particular our mother church and to despoil it permanently of its manor of Burston for which he put forward a claim. Taking counsel from men who were similar in sense and skill to himself, and who were accustomed to giving advice by subtlety rather than solidity, he learned from them that because common rights stood in his way, he could not proceed further in the matter unless he could make himself speaker in the parliament which was then soon to be held ( in parliamento de proximo tunc tenendo ), and by the force of that office take the commons with him and thereby promote his plans according to the desire of his own heart.

The knight, so informed, made every effort so that he might be made speaker in the parliament, and thus mediated with his known friends and relatives that by their labours and pressure he was indeed made speaker within the commons. When he had been so made and had taken up the rule of the Lower House ( regimen Domus Inferioris ), with the advice of the counsel previously mentioned, he wasted no time in putting together a certain bill in which he sought, by the authority of parliament, that he might have that manor restored to him which his father had sold and on which his mother had raised fine in court and thereby alienated in perpetuity according to common law. The abbot was informed by a letter from Lord Cromwell about the drawing up of this bill as well as about Sir Thomas's labours in expediting it. Straightaway, so that he might resist him most forcefully, he put on the armour of God, the sword of faith and the breastplate of righteousness [Ephesians, 6:14, 16], and advancing with the same, he erected such a barrier and resisted so strongly with the aid of his friends that finally Sir Thomas abandoned his plan, the manor remained with the monastery, and the knight won shame rather than profit by his labour.

Praise be to the gracious God who looks favourably and with mercy on his servants so that whatever adversities are hurled against them, whether human or diabolical, he dashes and renders as nothing by his wise mercy.

Source : Registrum Abbatis Johannis Whethamstede , ed. H. T. Riley (Rolls Series, 1872), I.136-7. Original in Latin.

32

Act granting John Ormond, late a prisoner in France, licence by letters patent to export tin and wool elsewhere than to the Staple.

Source : PRO C 49/32/10. Formerly Parliamentary Petition 6382. Probably 1453.

33

Petition to add a money penalty to the statute of 4 Henry IV c. 2 concerning appropriation of churches.

Source : PRO C 49/32/11. Formerly Parliamentary Petition 1846. Probably 1453.

34

Petition to settle disputed points in grants of chattels of felons.

Source : PRO C 49/32/12. Formerly Parliamentary Petition 1849. Possibly dating to 1453. This may relate to item 65 on the roll.

35

Petition to confirm the grant of a market on Saturday to Tarring Neville, Sussex.

Source : PRO C 49/32/18. This may belong to the parliament of 1453. The original grant was made on 11 June 1444, noting the vulnerability of the inhabitants to attack by the French as they travelled elsewhere to sell their goods: Calendar of Charter Rolls 1427-1516 , 40.

36

Note of the king's pleasure that the duke of Somerset and the heirs male of his body should take precedence over the duke of Norfolk and his heirs in parliament.

Source : PRO C 49/32/6. This must belong to the first session of the parliament of 1453, or shortly before it.

37

Complaint of the commons that the peace is badly kept.

Source : PRO C 49/32/17. Formerly Parliamentary Petition 2053. This may relate to item 30 on the roll, where the commons came before York at the opening of the last session, or else it may be linked to item 65.

38

Petition to grant the executors of the late Thomas Swynbourne licence to alienate the church of Waldingford in mortmain to the priory of Little Horstead, Sussex.

Source : PRO C 49/32/13. Formerly Parliamentary Petition 2363. This may belong to the parliament of 1453.

39

Petition for the grant of an annuity to John Topcliffe, sergeant at arms.

Source : PRO C 49/32/14. Formerly Parliamentary Petition 2405. This may belong to the parliament of 1453.

40

Act on behalf of the executors of Ralph Holland.

Source : PRO C 49/32/15. Formerly Parliamentary Petition 5305. This may belong to the parliament of 1453.

41

Order on a petition from the commons for John Elmham to be brought to answer before the chancellor.

Source : PRO C 49/32/16. Formerly Parliamentary Petition 2994. This may belong to the parliament of 1453.

42

Proviso clause relating to Calais.

Source : PRO C 49/32/19. This may belong to the parliament of 1453.

43

Grant to Roger Knight and Thomas Pycow, merchants of the staple, in part payment of money lent by them to king and pursuant to an act in last parliament by assent of the lords spiritual and temporal therein at the petition of mayor and staple that they may ship from Hull in order to be recompensed. By king and council in parliament. Dated 16 October 1454.

Source : CPR 1452-61 , 209-210. There are similar grants in subsequent months to other merchants of the staple, all noted as granted by king and council in parliament ( CPR 1452-61 , 217; 226).

44

On petition of the king's esquire, Gervase Clifton, who was owed money for his service at sea, was granted £500 out of the second moiety of the lay subsidy granted by commons in parliament held at Reading 6 March last. Dated 30 May 1453.

Source : CPR 1452-61 , 78. See also ibid., 108, for £600 similarly to Edward Hull constable of Bordeaux. Dated 10 July 1453. It is possible that these petitions were made in parliament

45

Grant by advice of the lords spiritual and temporal in the last parliament to the mayor and citizens of Lincoln that they may ship 60 sacks of wool of any other growth than that of Westmorland and Cumberland in the ports of Kingston upon Hull and Boston to the staple of Calais for 5 years from 3 April 1454 without payment of the subsidy granted in the said parliament pursuant to a later grant by the commons in the said parliament. By king and council by authority of parliament. Dated 20 November 1454.

Source : CPR 1452-61 , 199.

Footnotes

  • int1453-1. Giles' Chronicle , 44.
  • int1453-2. Chronicles of London , 164.
  • int1453-3. Benet, 209.
  • int1453-4. Wolffe, Henry VI , 246-8
  • int1453-5. Vale, English Gascony , 136-140.
  • int1453-6. CPR 1446-52 , 512-3.
  • int1453-7. CPR 1446-52 , 537.
  • int1453-8. Pollard, John Talbot , 135-6; Vale, English Gascony , 146.
  • int1453-9. CPR 1452-61 , 52-3; Kleineke, 'Commission de mutuo faciendo', 29; Vale, English Gascony , 147-8; Griffiths, Reign of Henry VI , 391-2.
  • int1453-10. RDP , IV.931-5, CCR 1447-54 , 394-5.
  • int1453-11. Johnson, Duke Richard of York , 108-115.
  • int1453-12. Wolffe, Henry VI , 263.
  • int1453-13. Wedgwood, Register , I.197, identified 279 MPs. I am grateful to Dr Linda Clark for information on numbers of known MPs.
  • int1453-14. 'Three Suffolk parliamentary elections of the mid-fifteenth century', BIHR , 39 (1966), 188.
  • int1453-15. 'Bale's Chronicle' in Six Town Chronicles , ed. Flenley, 139-40.
  • int1453-16. POPC , VI.183-4.
  • int1453-17. CPR 1446-52 , 558.
  • int1453-18. CP , X.810, 398. Griffiths, Reign of Henry VI , 358. Benet, 208, says that Henry created both his half-brothers as earls at Epiphany 1453 (6 January). It may be that Jasper presented a petition at the parliament (Parliament of 1453, Appendix item 30).
  • int1453-19. Griffiths, Reign of Henry VI , 711, n. 149. Benet, 208, claims that Henry knighted his half-brothers along with 13 others on 5 January 1453.
  • int1453-20. CP , VIII.57.
  • int1453-21. CP , VII, 479-80.
  • int1453-22. CP , V.427.
  • int1453-23. CP , VIII, 221-2; CPR 1452 -61, 74-75.
  • int1453-24. Johnson, Duke Richard of York , 120.
  • int1453-25. The lists are in British Library Harley MS 158, folios 124, 134v-35. See discussion in Davies, 'Attendance of episcopate', 75-6, note 231, and 67 for detailed discussion of the attendance of the bishops at this parliament.
  • int1453-26. Roskell, 'Problem of Attendance', 189.
  • int1453-27. PRO E 159/230, communia recorda E, m.36 (Easter term, 1454). Griffiths, Reign of Henry VI , 761, considers the effects of the act as 'negligible' since only 45 out of 105 attended.
  • int1453-28. Wedgwood, Register , I.188. No reference is given by Wedgwood and I have been unable to verify this.
  • int1453-29. POPC , VI.187-8.
  • int1453-30. Wedgwood, Register , I.193.
  • int1453-31. POPC , VI.167.
  • int1453-32. POPC , VI.176-8. On 16 April a letter was sent to another group of peers including York to come to a council at Westminster on 6 May: POPC , VI.174-5.
  • int1453-33. POPC , VI.159-61, with quote at 160.
  • int1453-34. J. S. Roskell, 'Thomas Thorpe, speaker in the Reading parliament of 1453', Nottingham Medieval Studies , 7 (1963), 79-105.
  • int1453-35. POPC , VI, 221.
  • int1453-36. For appointment of collectors, reciting the grant, see CFR 1452-61 , 42-3.
  • int1453-37. Subsequent appointments of collectors enrolled in the Fine Rolls for the rest of the reign therefore mention the grant of the parliament of 1453: for instance, CFR 1452-61 , 93-7 (15 April 1454)
  • int1453-38. G. L. Harriss, 'The struggle for Calais,: an aspect of the rivalry between Lancaster and York', EHR , 75 (1960), 34.
  • int1453-39. CPR 1452-61 , 222. Lay Taxes , 106, claims that orders to collect the tax were not issued until 11 November 1455, arguing that the delay was 'the reluctance or inability of the Duke [of York] to levy taxes in the king's name'. But the order in the Patent Rolls is definitely dated 1454.
  • int1453-40. Griffiths, Reign of Henry VI , 432, sees the request as proof of a contemporary belief that England itself would be under threat.
  • int1453-41. H. D. Harrod, 'A defence of the liberties of Cheshire 1450', Archaeologia , 57 part 1 (1900), 71-86.
  • int1453-42. RP , V. 231 gives 22 April, but the manuscript shows a deletion and entry of 25th. Lay Taxes , 105 completely misinterprets the dates, claiming that the parliament met from 28 March to 22 April when it was prorogued to 25 April at Westminster.
  • int1453-43. The wording implies that the defence of the realm was meant here and not that the king might lead an army to France in person, as implied in Lay Taxes , 106.
  • int1453-44. For their intended use see Griffiths, Reign of Henry VI , 805.
  • int1453-45. Lay Taxes , 106.
  • int1453-46. CFR 1452-61 , 42-54.
  • int1453-47. Vale, English Gascony , 148.
  • int1453-48. PRO E 28/83/7. This followed repeated attempts to have him appear before the council in the light of his dispute with John Neville: POPC , VI.140-2.
  • int1453-49. Vale, English Gascony , 151.
  • int1453-50. POPC , VI.155-7, letters of 4 and 11 August.
  • int1453-51. Roskell, Commons and their Speakers POPC , VI , 251.
  • int1453-52. CPR 1452-61 , 75, 102. Ormond remained in England and appointed in his absence a deputy, the archbishop of Armagh, on 25 June: CPR 1452-61 , 82.
  • int1453-53. CPR 1452-61 , 88.
  • int1453-54. Watts, Henry VI and the Politics of Kingship , 295, note 152.
  • int1453-55. Watts, Henry VI and the Politics of Kingship , 297.
  • int1453-56. The last session of the parliament also saw a petition for the annulling of the sentence against Sir Roger Chamberlain who had been indicted for treason at the demise of Humphrey, Duke of Gloucester in 1447 (Parliament of 1453, Appendix item 22).
  • int1453-57. CPR 1452-61 , 114-6. H. Maurer, Margaret of Anjou (Woodbridge, 2003), 44, suggests that these grants were a form of reward for her pregnancy.
  • int1453-58. Watts claims that the king had thanked the commons in person at the first prorogation but the text in item 12 does not bear this out: Henry VI and the Politics of Kingship , 295, note 151.
  • int1453-59. Wolffe, Henry VI , 268, 270. There are several letters in the privy council records of late July concerning the Egremont-Neville dispute (eg POPC , VI.149-50). See also R. A. Griffiths, 'Local rivalries and national politics: the Percies, Nevilles, and the Duke of Exeter', Speculum , 43 (1968), 589-632.
  • int1453-60. POPC , VI.163-4.
  • int1453-61. Wolffe, Henry VI , 275.
  • int1453-62. Benet, 210.
  • int1453-63. PRO C 81/1546/70.
  • int1453-64. Watts, Henry VI and the Politics of Kingship , 302
  • int1453-65. PRO C 49/53/13, with exemplification on 6 December 1453 in CPR 1452-61 , 143-4.
  • int1453-66. J. S. Roskell, 'Sir William Oldhall, speaker in the parliament of 1450-1', Nottingham Medieval Studies , 5 (1961), 105.
  • int1453-67. Benet, 210. Giles' Chronicle , 44, places York's election as 'regent' before Norfolk's appeal and Somerset's imprisonment.
  • int1453-68. Paston Letters , ed. Gairdner, II.290-2.
  • int1453-69. R. A. Griffiths, 'The king's council and the first protectorate of the Duke of York', EHR , 99 (1984), 67-82.
  • int1453-70. Griffiths, 'King's council and the first protectorate', 79, from Harvard University MS Eng, 751 f. 212v.
  • int1453-71. Johnson, Duke Richard of York , 127-8.
  • int1453-72. British Library Egerton MS 914, printed in Paston Letters , ed. Gairdner, II.295-9.
  • int1453-73. Watts, Henry VI and the Politics of Kingship , 306.
  • int1453-74. Johnson, Duke Richard of York , 130.
  • int1453-75. Rymer, Foedera , V.ii.54.
  • int1453-76. Johnson, Duke Richard of York , 130.
  • int1453-77. Roskell, Commons and their Speakers , 253.
  • int1453-78. On 25 November 1453 all of his goods and chattels were granted to the dean of St Martin-le-Grand and others, which Roskell takes as implying he was in sanctuary: CCR 1447-54 , 484; Commons and their Speakers , 253.
  • int1453-79. Raleigh was MP for Devon and was a close adherent of the earl of Devon. However, his arrest and imprisonment had been occasioned by the suit of a Flemish merchant, Henry Johnson, with whom he was in dispute. Whilst Thorpe's case was brought before the lords, Raleigh was released in mid December on a recognizance of £200 on condition that he appear before the king and council on 12 February next. On that very day the Flemish merchant acknowledged that Raleigh had satisfied him of all claims against him: CCR 1454-61 , 45. I am grateful to Dr Hannes Kleineke for this information.
  • int1453-80. Johnson, Duke Richard of York , 130, n.22.
  • int1453-81. Registrum Abbatis Johannis Whethamstede , I, ed. H. T. Riley (Rolls Series, 1872), 136; 'Johannis de Whethamstede Chronicon', in Duo Rerum Anglicarum Scriptores Veteres , ed. T. Hearne (Oxford, 1732), II.534.
  • int1453-82. Roskell, Commons and their Speakers , 256-7.
  • int1453-83. For his dispute in Yorkshire with Sir John Neville, son of the earl of Salisbury, see R. A. Griffiths, 'Local rivalries and national politics: the Percies, Nevilles, and the Duke of Exeter', Speculum , 43 (1968). 589-632.
  • int1453-84. For details of their dispute see S. Payling, 'The Ampthill dispute: a study in aristocratic lawlessness and the breakdown of Lancastrian government', EHR , 104 (1989), 881-907. The duke of Exeter had interefered much in elections in the south-west for the parliament: H. Kleineke, 'The widening gap: the practice of parliamentary borough elections in Devon and Cornwall in the fifteenth century', in Parchment and People. Parliament in the Middle Ages , ed. l. Clark (Parliamentary History Yearbook Trust, 2004), 133.
  • int1453-85. PRO KB 9/105, no. 4b, cited in R. L. Storey, The End of the House of Lancaster (London, 1966), 250, n.20.
  • int1453-86. According to Benet, 211, Buckingham was made steward in the parliament. He was already constable of England.
  • int1453-87. Watts, Henry VI and the Politics of Kingship , 308: Johnson, Duke Richard of York , 133;
  • int1453-88. POPC , VI.167.
  • int1453-89. It is possible that the petition they put forward for the proper spending of the lay subsidy belongs to this date, although it more likely belongs to the first phase of the parliament (Parliament of 1453, Appendix item 9).
  • int1453-90. Griffiths, Reign of Henry VI , 725.
  • int1453-91. Griffiths, 'The king's council and the first protectorate', 79-81.
  • int1453-92. His indenture for seven years was entered into on 17 July 1454, presumably after further discussion and effecting of these conditions: POPC , VI.199-206.
  • int1453-93. Harriss, 'Struggle for Calais', 34-5.
  • int1453-94. CCR 1447-54 , 461-2.
  • int1453-95. For orders to towns to levy these sums, mentioning the parliamentary grant, see CPR 1452-61 , 156-64.
  • int1453-96. Harvey, Jack Cade's Rebellion , 168-70. See also R. M. Jeffs, 'The Poynings-Percy dispute' BIHR , 34, 148-64.
  • int1453-97. See also the letter sent to the earl of Northumberland on 10 May 1454 asking him to come to the council at Westminster on 12 May to discuss the dispute between his son and the earl of Salisbury: POPC , VI.178.
  • int1453-98. POPC , VI.172-3.
  • int1453-99. POPC , VI.174-5.
  • int1453-100. POPC , VI.175-7.
  • int1453-101. On 29 May all of the lords spiritual and temporal with some additional knights were summoned to a great council on the matter of Calais on 25 June: POPC , VI.184-6.
  • int1453-102. For writs de expensis dated 18 April see PRO E 13/146, m.19, 24d; /145B m.35, 47, 58d. I am grateful to Dr Hannes Kleineke for these references.
  • int1453-103. Wolffe, Henry VI , 273.
  • v-227-5-1. An error for Winchester.
  • v-227-37-1. C49/29/1.
  • v-227-88-1. PRO SC8/28/1357.
  • v-227-112-1. C49/29/2.
  • v-227-235-1. PRO C49/29/4.
  • v-227-292-1. PRO SC8/24/1187.
  • v-227-295-1. PRO SC8/24/1187A.
  • v-227-311-1. PRO C49/29/5.
  • v-227-337-1. PRO SC8/100/4968.
  • v-227-382-1. PRO C49/29/6, C49/68/19.
  • v-227-401-1. PRO C49/29/7.
  • v-227-527-1. PRO SC8/28/1358.
  • v-227-544-1. Parliament of 1445, appendix, item 7.
  • v-227-546-1. Parliament of 1439, item 27.
  • v-227-558-1. Parliament of 1445, appendix, item 7.
  • v-227-558-2. Parliament of 1447, item 15.
  • v-227-558-3. Parliament of 1453, item 52.
  • v-227-562-1. Parliament of 1445, item ...
  • v-227-578-1. Parliament of 1449, see introduction.
  • v-227-590-1. PRO SC8/28/1359.
  • v-227-609-1. PRO C49/29/9; SR , II.360-1 (c i).
  • v-227-632-1. PRO C49/29/10, 11.
  • v-227-644-1. PRO C49/29/12; SR , II.361-3 (c. ii).
  • v-227-651-1. PRO C49/29/13; SR , II.363 (c. iii).
  • v-227-654-1. Parliament of (November) 1449, item 53.
  • v-227-657-1. PRO C49/29/14; SR , II.365-6 (c. vii).
  • v-227-663-1. PRO SC8/28/1360; SR , II.363-4 (c. iv).
  • v-227-666-1. SR , II.88 (c. v).
  • v-227-666-2. SR , II.140 (c. xxiv).
  • v-227-671-1. PRO SC8/28/1361B, 1361A; SR , II.364-5 (c. v).
  • v-227-674-1. SR , II.317 (c. ii).
  • v-227-679-1. PRO C49/29/15; SR , II.365 (c. vi).
  • v-227-686-1. PRO C49/29/16; SR , II.366-7 (c. viii).
  • v-227-693-1. PRO SC8/28/1362. This case led to a general statute on procedures to be followed in cases of women forced to marry against their will: SR , II.367-8 (c. ix).