Henry VI: November 1422

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

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'Henry VI: November 1422', in Parliament Rolls of Medieval England, (Woodbridge, 2005) pp. . British History Online https://www.british-history.ac.uk/no-series/parliament-rolls-medieval/november-1422 [accessed 25 March 2024]

In this section

1422 November

Introduction 1422

Westminster

9 November - 18 December

(C 65/84. RP , IV.169-91. SR , II.213-16)

C 65/84 is a roll of fourteen membranes, although they have been numbered from 17 to 10, and 8, 7, 6, 4, 2 and 1 in a later hand; they have been re-numbered sequentially here, but the original numbers have also been noted. Each membrane is approximately 320mm in width, and they have been sewn together in chancery style. In addition, four separate groups of schedules have been sewn to the dorse. The first of these consists of two schedules attached to membrane 11 (originally 14), which have been copied into item 18 concerning the execution of the will of Henry V: one, measuring approximately 255mm by 45mm, records a copy of the petition, 'Please au roi ... de charite'; the other, measuring approximately 335mm by 160mm, contains a copy of the king's letters patent, 'Rex omnibus ... In cujus etc.'. The second group of three schedules have been sewn to membrane 7 (originally 10) and copied into item 39, which concerns the priory of Ivychurch: one, measuring approximately 420mm by 360mm, contains a copy of the king's letters patent, 'Henricus Dei gratia ...Teste etc.'; the next, measuring approximately 345mm by 200mm, records a copy of the king's other letters patent, 'Henricus Dei gratia ... Teste etc.'; and the damaged third, measuring approximately 345mm by 180mm, records a copy of Prior Walter's indenture, 'Omnibus Christi ... Datum etc.'. The third and fourth group of schedules have both been incorporated into item number 40, concerning the dower of Queen Katherine. This third group of two schedules has been sewn to membrane 4 (originally 6): one, measuring approximately 360mm by 135mm records a copy of the queen's petition, 'A nostre tressoverain seignur ... mesme la cedule'; the other, measuring approximately 430mm by 420mm, contains a copy of the king's letters patent, 'Rex omnibus ...anno regni sui primo'. The fourth group of two schedules has been sewn to membrane 3 (originally 4): one, measuring approximately 380mm by 100mm, records a copy of the queen's second petition, 'A nostre tressoverain seignur ... mesme la cedule'; the other, measuring approximately 410mm by 350mm, contains a copy of the king's other letters patent, 'Rex omnibus ... poterit demonstrare'.

The roll appears to be complete, and its initial membranes (14 to 9) are in stricter chronological order of business than was usually the case. The settlement of the matter of the protectorship on the twenty-seventh day of the parliament begins a new membrane (10), which also contains the powers of the council which continue onto membrane 9. In terms of the make-up of the roll, it is interesting to note that the petition concerning the priory of Ivychurch occupies two discrete membranes (7 and 6), with the dowry of the queen (item 40) occupying three (5-3). The common petitions begin a new membrane and occupy two membranes (2 and 1). The condition of the roll is generally good, though membranes 14, 8 and 2 (originally 17, 11 and 2) are stained with gallic acid, making the text illegible in places. The text of the roll is written in an official chancery script which occupies the rectos of the membranes only. The dorses are blank apart from a later heading at the head of membrane 14 (originally 17), 'Rotulus parliamenti de anno primo Henrici sexti', and later notes, 'parl' primo H. 6 pars unica', where some of the membranes are joined. The lower half of membrane 3 (originally 4) is blank. Marginal headings are contemporary. Arabic numerals throughout the roll are later, but the Roman numerals are contemporary.

Writs for the first parliament of the reign of Henry VI were issued on 29 September 1422. The assembly opened at Westminster on Monday 9 November and was dissolved on Friday 18 December, and was thus in sitting for five weeks and five days. Changes of ruler were frequently followed by the holding of a parliament. In this case there was the added problem of an infant king, the youngest ever to inherit the throne of England. When Henry V died on 31 August, his son was barely nine months old, being born on 6 December 1421. As we shall see, much of the parliament roll is concerned with the aftermath of Henry V's premature demise and with arrangements for government in what was obviously going to be a long minority. As 'Gregory's chronicle' and the Great Chronicle of London put it: 'in the whyche parlyment was ordaynyde the governaunce of the kynge, how he shulde be governyd in his tender age'. (fn. int1422-1) Both chronicles go on to mention the grant of a wool subsidy. This reminds us of another reason why parliament had to be called as soon as possible in the new reign: the grant of tunnage and poundage and of the wool subsidy, granted to Henry V for life at the parliament of November 1415, (fn. int1422-2) had now ceased, and could only be renewed by the consent of the commons. There was less need for a lay subsidy since at the last parliament of Henry V's reign a half tenth and fifteenth had been granted; the first instalment of this had been paid on 2 February 1422 and the second was still due for collection on 11 November of that same year. (fn. int1422-3)

The parliament of 1422 thus provides an important example of how a minority government was established. The assembly has received more historical attention than any other parliament of Henry VI's reign, indeed perhaps more than any other of the whole medieval period, given that its membership was the subject of an in-depth examination by J. S. Roskell in The Commons in the Parliament of 1422 (1954). Roskell's book focuses on the lower house but includes a useful chapter on the acts of the parliament which should be read in conjunction with this introduction in order to gain a full picture of events and their significance. As we shall see, the most important matter before the parliament was the power and title to be accorded to whichever of the royal uncles (John, duke of Bedford or Humphrey, duke of Gloucester) was to control the government during the minority of the king. Roskell's study of the office of protector is vital in this context, as is also S. B. Chrimes' discovery of a manuscript in the Chancery Miscellanea (see Parliament of 1422, Appendix item 1) which sheds extra light on Gloucester's ambitions and on the reactions of parliament to them. (fn. int1422-4)

Henry V died at the castle of Vincennes, just to the east of the city of Paris, on 31 August 1422. Over the next month the late king's body was transported with some ceremony from Paris to Rouen and thence to Calais and Dover, where it arrived on 31 October. One of the unenrolled petitions put forward to the parliament of November 1422 gives clear indication that news of Henry's death was received in England by at least 10 September. (fn. int1422-5) The legal existence of the royal council and of the commissions of the great offices of state were deemed to have come to an end at the king's death. The lords present at Westminster (as opposed to those still in France with the king's body) thus acted collectively in Henry VI's name as an interim council. On 28 September they met at Windsor where, in the presence of the baby king himself, the great seal was surrendered by Henry V's chancellor, Thomas Langley, bishop of Durham, and handed by Humphrey, duke of Gloucester, to the keeper of the rolls. (fn. int1422-6) The interim council also renewed the appointments of Henry V's officials in order that government could continue. On the following day writs went out in the name of the new king and his council for a parliament to meet at Westminster on Monday 9 November. (fn. int1422-7) Both the renewal of appointments and the writs of summons were provisional, at least in a technical sense. As item 12 of the roll of the parliament of 1422 reveals, it was deemed necessary for the issue of the commissions of appointment and of the writs of summons to be confirmed by the authority of parliament.

Item 12 also recites, albeit in the customary unspecific terms, the need for a parliament to be summoned for the sake of the good governance and defence of the realm. But the particular and unique circumstances of the time cannot have been lost on all of those summoned to attend. The very sense of urgency would have been enough to remind them. At less than six weeks, the period between the issue of the summons and the intended date of assembly was the shortest of the whole reign. Not only was Henry VI the youngest monarch ever to have acceded to the throne, but there were now two thrones to consider, the French as well as the English. Charles VI was not expected to long outlive his son-in-law, and indeed died on 21 October 1422. It was already, it seems, decided that the king's elder surviving uncle, John, duke of Bedford, should remain in France, indicating that it was in that country that the minority was expected to cause the greater problems. But Bedford's continuing, and likely prolonged, absence raised further issues, for whilst his younger brother, Humphrey, duke of Gloucester, might be in control in England in practical terms, Bedford's rights in his home country could not be ignored. The prospect of a lengthy minority presented additional problems and dilemmas. Perhaps the most important decision taken at the parliament of 1422 was that the council should play a distinctive role in government during the minority. Henry V was going to be a hard act to follow under any circumstances. As the contents of the roll indicate, his death generated a good deal of business.

The late king's funeral was held in Westminster Abbey on Saturday 7 November, two days before the parliament opened. It is reasonable to suppose that those coming to the parliament also attended the obsequies. The close proximity of the two events, as well as the likely importance of the business to be put before parliament, no doubt helped to ensure that there was a good turn out of lords and commons for the assembly. Indeed, it is likely that the funeral was deliberately arranged to precede the opening of parliament. With the previous king buried, parliament would serve as a practical as well as symbolic definition of the new regime.

Writs of summons had been sent to a total of 21 diocesans. These included John Kemp, bishop of London, but as he was absent overseas at the time of issue, the summons was addressed alternatively to his vicar-general. At least five (York, Salisbury, Bath and Wells, Chichester, St Asaph) are likely not to have attended the parliament. (fn. int1422-8) Twenty-five abbots and priors were also summoned, as were ten legal officials. The names of 260 MPs are known out of a probable total of 264 seats. (fn. int1422-9) It is in the context of summons to lay lords that the impact of Henry V's death is most clearly revealed. At the last parliament of Henry V's reign of December 1421, only 15 peers had been summoned on the order of the then custos Anglie , John, duke of Bedford. Their number did not include Gloucester, who was at that stage in France with his royal brother. (fn. int1422-10) Save for one exception, all of the those summoned by Bedford in December 1421 received summons in 1422 (the earls of Northumberland and Westmorland; plus lords Ferrers of Groby, de la Warre, Greystoke, Grey of Ruthin, Latimer, Strange, Poynings, Botreaux, Dacre, Clinton, Berkeley and Harrington). The exception was Hugh Courtenay, earl of Devon, who had died on 16 June 1422, and whose son, Thomas, was not yet of age. A further nine peers were sent a summons in 1422, several having returned to England before or immediately after Henry V's death. The nine comprised two dukes (Gloucester and Exeter), three earls (March, Norfolk, and Warwick) in addition to John, lord Welles, John, lord Audley, Ralph, lord Cromwell and Henry, lord Fitzhugh. Thus in total twenty-three lay lords were summoned: two dukes, five earls and sixteen others. As ever, we cannot be completely certain of the actual attendance of the lay lords in parliament. Four were named as receivers or triers, and we might assume that all or most of the twelve lay lords nominated to the council during the parliament (item 26) were present in person.

Bedford, however, remained in France; following the death of Charles VI, he had assumed the regency of France on behalf of the infant king. His absence from the parliament had already been anticipated at the time of the issuing of writs for he was not included in those summoned on 29 September. Until May 1422, Bedford had been the brother commonly chosen as custos Anglie (keeper of the realm of England). But the death of his elder brother, Thomas, duke of Clarence, in March 1421, and the increasing illness of the king had necessitated his crossing to France. Thus Gloucester had occupied the post of keeper of the realm from May 1422. Traditionally, those acting as keeper of the realm under Henry V had not received a personal summons to parliament because their powers included the issuing of writs of summons as well as the holding of parliaments in the king's name. Thus, for example, Bedford had not received a summons to the parliament of December 1421, but had sent out the writs under his authority. It is therefore surprising, perhaps, to find Gloucester receiving a summons in person to the parliament of November 1422. But we must note that the summons issued on this occasion was to Gloucester as duke and not as keeper. This was because his keepership was taken to have ceased at Henry V's death. As noted earlier, the writs of 29 September were sent out attested by the king and council, not by Gloucester as custos Anglie , a role which had technically come to an end with the king's death.

Yet in practice it was still going to be necessary for Gloucester to preside over the parliament. The king was too young and Bedford was absent in France. Thus by a document under the privy seal of 6 November, Gloucester was given a commission, 'in the absence of the king', and 'with the assent of the lords', to hold parliament. This commission was drawn up at a meeting of the council held on 5 November in the 'chamber of the council next to the chamber of parliament', at which eight prelates and fourteen lay peers are known to have been present. (fn. int1422-11) All of the latter save John, lord Talbot had received a summons to parliament. (That Talbot attended the parliament without receiving a summons is shown by the fact of his presence in inter-communing with the commons around 16 November (item 16)). The minute of the meeting of 5 November reveals that Gloucester objected to the proposed wording of the commission to hold the parliament, arguing that it was prejudicial to his special status and that it would make it impossible for him to dissolve parliament without the consent of the lords as a whole. Indeed, he suggested - rightly - that the commission gave him less power than he had enjoyed during his periods as keeper of the realm. Although the council noted his objections, they were unwilling to change the wording. Gloucester acquiesced in their decision. It was thus this same commission, issued in the name of the king and dated 6 November of the first year of his reign, which was read to the assembled lords and commons at the opening of the parliament on Monday 9 November. It forms the opening entry of the roll (item 1).

The roll then continues with the opening sermon given by Henry Chichele, archbishop of Canterbury. He began by applauding the deeds of Henry V and commending his young son, stressing not only the latter's double French and English pedigree but also the significance of his regnal number. Just as the Almighty completed his act of creation in six days, so surely the son would complete the good deeds begun by the father. Chichele then explained three reasons for the holding of the parliament: the need to ensure the good governance of the infant king; to keep the peace and maintain the laws of the land, and to defend the realm against its enemies. The need for advice to be provided by 'honourable and discreet persons' of each estate was also stressed, with an analogy being drawn with the advice given by Jethro to Moses.

Receivers and triers of petitions were then appointed as was customary, and the following Saturday, 14 November, was named as the date by which petitions should be submitted. Meanwhile, on Thursday 12 November, Roger Flore was presented as speaker. (fn. int1422-12) His choice was significant on two accounts. First, he was much experienced, having already served as speaker in the parliaments of 1416, 1417 and 1419. Secondly, since 1417 he had been a replacement feoffee for the administration of Henry V's will in the duchy of Lancaster. The parliament of November 1422 had to set in train the payment of the dead king's debts and the administration of his will. It thus gave authority to Henry V's executors to act on his will and to deal by the time of the next parliament with the disbursement of 19,000 marks in which the king stood indebted. This matter was enrolled as item 18 of the roll, and is extensively discussed by Roskell in his study of the parliament. (fn. int1422-13) As the text of item 18 notes, the relevant documentary materials were attached as schedules to the dorse of the roll where they can still be found.

After the opening material, the roll contains only three further dates to assist in a reconstruction of its order of business. Letters appointing the chancellor, treasurer and keeper of the privy seal are dated 16 November. The commons had sent a delegation to the lords asking to know who was to be appointed, presumably shortly before this date. The answer was notified and approved by the commons on 16 November or soon afterwards (item 16). The roll tells us that on the twenty-seventh day of the parliament, which we can calculate as Saturday 5 December, the terms of the appointment of Gloucester as protector were assented to by the lords and commons (item 24). The last day of the parliament was noted as Friday 18 December in the context of the enrolment of the commons' agreement to the taxes on trade (namely the wool subsidy, tunnage and poundage) (item 19).

We can assume that most of the meeting revolved around the transition from one reign to the other, and this is clearly reflected in the contents of the roll. There was little other business. Six common petitions are found, along with seven private petitions, but several of the latter were also occasioned by the death of Henry V. Items given in the Appendix to this parliament indicate that more private petitions were heard but not enrolled. Appendix item 13 specifically states that this particular private petition was read in parliament doubtless sometime after 13 November, the date on which the incident it concerned had taken place. But some petitions were referred to the council for consideration after parliament had ended. Item 21 of the roll notes the authority given to the council to do this, both for common petitions and others. In at least one case, the petition of Theobald Gorges, we have evidence that the petition was indeed dealt with by the council sometime before 20 February 1423 (Parliament of 1422, Appendix item 7, and parliament of 1425, item 28).

Immediately after the election of the speaker, we find six items (12 to 17) which concern the formal arrangements made at the outset of the new reign. As we have seen, item 12 provided parliamentary authority for the appointments and writs of summons made earlier by the interim council. Langley's handing in of the great seal on 28 September was recorded (item 13), as too was the delivery of its counterpart used by the dead king in France (item 14). New seals for the new king were commissioned (item 15). The leading officers of state, namely the chancellor (Langley), the keeper of the privy seal (John Stafford) and the treasurer (William Kinwolmarsh), were then appointed with the commons' approval. As noted earlier, this was on or soon after the 16 November (item 16). In all three cases, the man who had held office under Henry V was kept in post, although as Kinwolmarsh died during the parliament on 18 October, Stafford was made treasurer on 18 December, with William Alnwick taking on the keepership of the privy seal on 19 December). Finally, in item 17, existing annuities, liberties and offices were confirmed in general. At the outset of a new reign, however, it was common for individuals, towns and other institutions with royal grants to seek specific confirmations within the context of this general confirmation. The resulting specific confirmations were subsequently enrolled on the Patent rolls. A large number were issued over the year which followed the parliament but such confirmations continued to be requested from and issued by the chancery into the early 1450s. (fn. int1422-14) These have not been included in the Appendix to the parliament of 1422 as they did not come before the parliament individually, but in all cases they are noted in the letters patent as being made with the approval of the lords, or of the lords and commons of the parliament of November 1422.

Several other matters before the parliament of 1422 related directly to the king's death. Queen Katherine petitioned for confirmation of the dower allowed to her as a royal widow by the terms of the treaty of Troyes. Because Henry IV's widow, Joan of Navarre, was still alive and in possession of the traditional dower lands of the English queens (see Appendix item 23), properties were allocated to Katherine in Wales, Cheshire and in the duchies of Cornwall and Lancaster. This item (40) occupies considerable space on the roll, with four relevant schedules also being attached to the roll.

In another private petition at item 35, Bartholemew Goldbeater, who had been reappointed as the king's master of the mint, requested a change to the perquisites which he was due from foreign currency brought in for reminting, out of which he had to pay his workers and other expenses. It is tempting here to see Henry V's death as offering an opportunity for the renegotiation of terms. In this case, Goldbeater was successful for he was granted control of the king's exchange until the next parliament. (fn. int1422-15)

A further private petition also reveals the desire to exploit new opportunities presented by the change of ruler (item 36). This was the petition of those who had served in Henry V's wars but whose final accounts for their service had not been brought to termination in the Exchequer. They asked, rather obliquely, that what was due to the king as his share in the gains of war should be deducted and that then they should be paid for anything still owing to them. The response to the petition reveals the main point of complaint - that the king had not redeemed the jewels which he had given as security against wages and thus in effect the soldiers remained unpaid for their services. Although this is not stated the complaint must relate principally, if not exclusively, to the Agincourt campaign as it was then that Henry had issued jewels on a large scale against the wages for a second quarter's service. Such jewels had been due for redemption early in 1417, but in many cases no settlement had been reached by the time of the king's death. In response to the petition, it was decreed that if the captains were not satisfied by the following summer then they could keep the jewels, but redemption of the jewels distributed in 1415 continued to further petitions over the next years until the general pardon issued at the parliament of 1437 tried to draw the matter to a close. (fn. int1422-16)

Another petition also likely had the king's death partly as its stimulus (item 34). This was the petition of Anne, countess of Stafford, which had been presented through the commons. The Bohun inheritance was due to be divided between her and Henry V as children of the coheiresses of Humphrey de Bohun, earl of Hereford, Essex and Northampton (d. 1372). The partition into two equal halves had been established in item 19 of the parliament of May 1421 but there remained some fees to be dealt with, and no doubt the countess considered the moment ripe for her claim to four disputed Welsh lordships to be put forward. The matter was not settled in the parliament but was referred to the king's council.

But by far the most significant issue before the parliament concerned the position of the duke of Gloucester as effective head of the English government during the minority, given that his elder brother, and also heir to the throne, John, duke of Bedford, was regent in France. As we saw, Gloucester had been commissioned to hold the parliament but on terms which he had objected to at the council meeting of 5 November. On the twenty-seventh day of the Parliament (Saturday 5 December) the matter of his title within the minority government was addressed, as items 24 and 25 reveal. The decision was that John, duke of Bedford, as the elder uncle, be appointed protector and defender of the realm and of the English church, and chief councillor of the king, by the assent of both the lords and the commons. But in Bedford's absence, these titles and powers were to fall to Gloucester (item 24). Both dukes were given powers to appoint to various royal offices and to most ecclesiastical nominations in royal gift (item 25). Gloucester's authority thus operated only when Bedford was absent from England. Whenever Bedford returned, Gloucester would be chief councillor only.

The text of the entry in the roll suggests that Gloucester was satisfied by this arrangement. The terms were read before Gloucester and the other lords, and the duke expressed his willingness to take on the burden for the honour of God, benefit of the king and his realm, and at the request of the lords. His only caveat was that his doing so would not act to the prejudice of Bedford, who was to come to his own decision. The text notes that Gloucester's acceptance was given after he had had 'deliberation' on the terms put forward. Later evidence suggests that this deliberation may have been extensive. When, in the parliament of 1427-8, Gloucester challenged the titles he held, the lords recalled that he had indeed wished in 1422 to have 'the governance of this realm' on the grounds that it belonged to him by right as well as by virtue of the will of Henry V, and that he had put forward reasons for his claim (Parliament of 1427, item 25). They also recalled that there had been much debate on the matter amongst the lords in the parliament of 1422 (interestingly, there is no mention of the commons playing any role in the debate in the account of events which was put forward in 1427-8), and that the lords had searched for precedents from previous royal minorities as well as taking legal advice. According to the recollection of the lords in the parliament of 1427, the conclusion they had reached in 1422 was that the duke's desire 'was not based or grounded in precedent, or in the law of the realm', adding that Henry V had not possessed the power to alter this law, either whilst alive or by means of a last will, without the assent of the three estates [i.e. parliament], nor to commit the government of the realm after his death to any particular individual.

By their reminiscence on the last point, the lords were tacitly admitting in the parliament of 1427 that Henry V had intended Gloucester to have more authority than was allowed to him in the parliament of 1422. Thanks to the discovery in the records of Eton College of Henry V's final will of June 1421 and its codicils of August 1422, we can be fairly certain that, on the eve of his death, Henry V wished Gloucester to have 'the principal safekeeping and defence of our beloved son' ( tutela et defensionem nostri carissimi filii principales ). (fn. int1422-17) This was precisely the terminology used by Gloucester in the claims he put forward to the parliament of November 1422. Yet we do not know of these claims through the roll of that parliament but by virtue of another document which survives in the records of the chancery (Parliament of 1422, Appendix item 1). This document tells us what claims Gloucester put forward to the parliament of 1422. It alludes to a petition of the commons asking who should have the governance of the realm. No such petition is noted in the roll of the 1422 parliament, although it may be what is meant by the phrase 'at the request of the said commons' which occurs in item 26: this item reiterates the king's appointment of the duke of Gloucester as protector and defender in the absence of Bedford before going on to mention the nomination of councillors to assist in the governance of the realm. Nothing in the record of proceedings of the parliament of 1422, however, suggests that the commons were displeased by the title of protector and defender given to Gloucester. Indeed, item 25 notes their assent to the title as well as that of the lords. Nor is there anything in the 1422 roll to indicate Gloucester's displeasure.

The document surviving in the chancery records which tells us of the claims Gloucester put forward in 1422 begins by implying that it was the commons who started the debate by asking who should have the governance of the realm. Chrimes suggested that Gloucester had deliberately interpreted this question as indicating that the commons were dissatisfied with the title proposed for him. In the chancery document he is seen as presenting his case for the title of 'governor' or rector (which we might perhaps translate as 'regent'), arguing that the commons' request would only be met if he had these titles as well as that of 'defender'. Gloucester also mentions here the search for precedents, which again was not noted in the 1422 roll itself although it did feature in the lords' recollections in the parliament of 1427-8.

There seems little doubt that Gloucester failed to gain the kind of authority he had hoped for in 1422. He had been forced to accept the titles of protector, defender and chief councillor. Some reasons why the lords had objected to Gloucester's proposals for other titles are mentioned in the chancery text, but the exact political machinations remain unclear. The chronicler, John Hardyng, writing in the 1450s, suggests that Henry Beaufort was already acting against Gloucester in 1422. Gerald Harriss suggests that the bishop may indeed have been behind the search of records which was used to deny Gloucester the title of regent, but it is not evident that Gloucester and Beaufort were already enemies. (fn. int1422-19) More likely, the council took Henry V's will literally: the tutela which the late king wished Gloucester to have was simply that of the king's person, not of the country as a whole. It is also likely that Gloucester's position as the younger of the two surviving uncles was crucial. Bedford had already made it clear that he felt that the government of England should devolve on him. In a letter written at Rouen on 26 October, he had notified the mayor, aldermen and commonalty of London that at the death of Henry V the government of England, by virtue of the laws, ancient usage and custom of the realm, had fallen to him as the king's elder surviving brother. (fn. int1422-20) The exact date of receipt of this letter is not known, but it follows an entry in the London letter book for 1 November, and thus may have arrived around a week before the parliament opened, certainly in time for Bedford's views to have informed the council at its meetings of 5 and 6 November despite the fact that the duke could not be present in person at such meetings.

Bedford's concern for his own position is not surprising. As Harriss notes, based on the evidence of the letter sent to London, 'it is plain that Bedford had been alerted, albeit belatedly, to the construction which Gloucester was intending to place upon the codicil bestowing on him the tutela of Henry VI'. (fn. int1422-21) But we must remember that Bedford was also moved by the uncertainty of his position in France. The matter of the regency in France was by no means settled by early November, although it is likely that Bedford was minded that the office should be his and that the duke of Burgundy had intimated his reluctance to serve. Bedford had the sword of state carried before him at the funeral obsequies of Charles VI which took place from 9 to 11 November, but it was not until 19 November that he formally took up the full title and authority as regent. (fn. int1422-22) Indeed, this delay in sorting out authority in France might help to explain why it was not until 5 December, 'the twenty-seventh day of the parliament' (item 24) that the parliament in England could come to its formal decision on the protectorship. Even then, whilst it was clear Bedford would be absent for much time, he remained heir presumptive to the throne, and it was by no means certain that Henry VI would survive to manhood. The lords could not allow Gloucester to have power which more properly belonged to Bedford. Moreover, Gloucester could not himself go against the wishes of Bedford which the latter had expressed in his letter to London of 26 October.

As a result, the outcome of the deliberations on the titles of both Bedford and Gloucester was a compromise put forward by the lords, agreed by the commons in parliament, and accepted by both dukes. The text of Gloucester's 'protest' found in the chancery document does not in fact show that the commons had expressed disquiet, merely that Gloucester had interpreted their words to suit his own argument. Indeed, Harriss suggests that the commons may themselves have been persuaded that a regency would have been against the rights and freedoms of all the estates of the realm, (fn. int1422-23) and there is perhaps a further factor to take into account here. By the time the matter was resolved, Bedford's regency of France was known and there may have been fears that a regency might be imposed in England too, whether by him or his brother, or both. The compromise was therefore that neither duke was made regent of England. This controlled not only Gloucester's ambitions but also those of his elder brother, a point which has been overlooked by previous commentators. Whilst Bedford's position as senior royal uncle was protected, he too was only to be protector in England. He accepted the compromise by his silence, not using the opportunity which Gloucester had provided in his own acceptance speech that he could neither answer for his brother nor prejudice the latter's rights by his own acceptance. (The document found amongst the chancery records also refers to Gloucester's argument that Bedford should not be bound by any agreement he might make, although it goes further in suggesting that Gloucester was only agreeing to the arrangements, partly for the sake of the running of the parliament, until his brother came home.) The compromise found on the roll also removed the potential threat of Bedford ruling England from France as regent by limiting his powers as protector to times when he was physically present in England. Here we may also have a reminder of the fears expressed by the commons in the parliament of 1420, after the treaty of Troyes, that English independence might be threatened by the existence of the double monarchy. (fn. int1422-24)

What is very striking too is the emphasis, both before and during the parliament of 1422, on the council as a whole. This is revealed on several occasions in the roll. Following the presentation of the speaker, the writs of summons to the parliament, as well as the other acts issued by the interim council under the great seal since the death of Henry V, were confirmed and authorised. The archbishop referred to the need for 'honourable men of each estate' to be involved in advice giving. This notion is reinforced by the fact that the council subsequently established and approved by the parliament in item 26 was reasonably representative of all three estates. (fn. int1422-25) Even Chichele's choice of Biblical analogy, the advice given by Jethro to Moses, could be taken as implying that whoever was to exercise governance on behalf of the king needed the advice of others. (fn. int1422-26) Jethro was Moses' father-in-law and also a priest, although it might be going too far to suggest that Chichele intended to impress upon his audience the need for clerical involvement in the council or anything more specific, such as his own involvement, or that of Henry Beaufort, bishop of Winchester. More significant was the advice which Jethro had given to Moses when urging him not to deal with everything himself: 'choose able men from the people such as fear God, men who are trustworthy and who hate a bribe ... let them judge the people at all times; every great matter they should bring to you but any small matter they shall decide themselves. So it will be easier for you and they will bear the burden with you'. (fn. int1422-27) As noted earlier, Gloucester's speech of acceptance of the protectorship in item 24 used the expression 'burden', and, as will be discussed shortly, the powers and responsibilities accorded to the council were very much in line with Jethro's advice, perhaps revealing the practical influence which such biblical texts might have.

The stress on conciliar government in Chichele's sermon, which must surely reflect discussions which had been going on in the council before the parliament met, was fulfilled in the decisions of the parliament itself. Immediately after the recording of the titles and powers to be enjoyed by Bedford and Gloucester in items 24 and 25, we have details of the councillors appointed to assist (item 26). At the request of the commons, councillors of rank, both spiritual and temporal, were chosen by the lords. According to the entry on the roll, their names were placed on a paper schedule written in English. On this schedule were also written five articles relating to the expected conduct of the councillors. (Interestingly, these articles are given in English, one of only two uses of the vernacular in the roll of this parliament, the other being the vote of trade taxes at item 19). The schedule was not attached to the roll but its contents were entered onto the roll itself, first the list of seventeen councillors, beginning with the names of Gloucester and Chichele, and then the five articles (items 27 to 32).

The articles are extremely important not only for the establishment of conciliar government but also for the ensuring of proper standards of conduct. (fn. int1422-28) The stress was on accountability and impartiality, especially in matters of finance and patronage. In terms of attempts to preserve confidentially and deal impartially in matters of patronage, the articles have some similarity with the terms under which a minority council was established in the parliament of 1377, (fn. int1422-29) but the articles of 1422 were much more emphatic in terms of accountability, no doubt because the minority was this time going to be much longer. Whilst the archbishop in 1377 had been able to preach on 'your king will come to you', since Richard was already ten years old, Henry VI's coming of age was still too far off.

The clerk of the council was under obligation to write down the names of those attending each meeting of the council so it could be quite clear who was responsible for decisions taken (item 32). A quorum was also established, and for important items of business it was stressed that all should be present and that, in the case of matters where the king would customarily be consulted, the council should not proceed without the advice of Bedford or Gloucester (item 30). Another article dealt with the confidentiality of financial information and the accountability of the treasurer and chamberlains (item 31), another with the need to avoid corruption in the management of the crown's feudal prerogatives: the council was to sell feudal incidents at the highest price without partiality or fraud (item 29). The council was also to be responsible for nominations of sheriffs, escheators, customs officials and justices of the peace, given that such officers were vital in the maintenance of law and order: this was also aimed at avoiding bribery and corruption (item 28). Item 26 tells us that the schedule was read publicly in the parliament and that those listed accepted their nomination on the terms outlined in the five articles. But this was all happening in the lords. In item 33, we hear that the lords assented to the articles and then that a group of them handed the paper over to the commons so that they might know of the lords' intention. This was essentially the same as had happened under similar circumstances in 1377, but whereas then the commons had merely received the lords' pronouncements, on this occasion there must have been some opportunity for debate since the commons suggested an addition to the article concerning the council's powers to appoint to offices in local government: this addition was aimed at protecting the rights of those beyond the council who had existing powers to appoint to offices. Whereas the other five articles were given in English the addition is expressed in French. The entry notes that it was the group of lords who delivered it to the parliament on behalf of the commons.

There was a distinct emphasis on collective responsibility but it would be misleading to say that Bedford and Gloucester were at all marginalised or undermined by these articles concerning the role of the councillors. Item 25 reveals that certain offices in the royal parks and forests as well as in the crown's regalian rights were left exclusively in their hands. Admittedly these were perhaps less significant (although perhaps more lucrative and hence important in terms of the exercise of patronage) than the local administrative offices left to the remit of the council in item 28, but in this area too it was laid down that, in matters where the king would normally be consulted, the lords could not proceed without consulting Bedford or Gloucester. Moreover, the article on financial accountability required the two chamberlains of the exchequer to make their oath before Gloucester and all the lords of the council. In some of the acts of the parliament the specific assent of Gloucester as well as of the other lords is mentioned, such as in letters patent effecting the confirmation of Thomas Chaucer's tenure of the office of chief butler (item 38), which had been requested by the commons in the parliament. (fn. int1422-30) Furthermore, there can be no doubt that Gloucester presided over the parliament, and was likely to do so over parliaments to come. His status was accepted: by the assent of the lords, he was also created chamberlain of England (item 22), and confirmed in his possession of the constableship of Gloucester castle (item 23). (fn. int1422-31) As the rubric before them indicates, the common petitions were addressed to him as 'commissioned to hold this parliament on behalf of the king' (heading to item 41), and it was he who was deemed to have the power to grant them. A further interesting observation is that this heading must predate the according to Gloucester of the titles given in item 24.

It would seem, therefore, that Gloucester was satisfied - or at least had to be satisfied - with the powers and title accorded to him at this parliament. As the years passed and his personal quarrel with Henry Beaufort developed, however, he began to quibble over the arrangements made in 1422. Neither the roll nor the chancery document concerning his claims to greater powers reveal anything about personal animosities and responses.

As the parliament of 1422 was short, it dealt with only a small amount of additional business. The Augustinian priory of Ivychurch (Wilts.) successfully petitioned the lords for the fulfilment of a grant made by Henry V of the possessions of the alien priory of Upavon (Wilts.) in return for the surrender of certain rights in the king's park at Clarendon (item 39). (fn. int1422-32) The grant was confirmed in letters patent on 22 June 1423. (fn. int1422-33) In this case, the relevant documents were noted as being delivered to the parliament by William Alnwick, secretary of the late king (who was appointed keeper of the privy seal shortly after the parliament ended). It was no doubt he who reported that Henry V had seen these materials whilst overseas and had given his verbal agreement already. The spectre of the dead king was raised in at least three other matters which seem to have been dealt with at the parliament but which were not entered on the roll. These concerned the promises he had made concerning the payment of an annuity to John Orell, grants to two of his grooms of the chamber, and the livery of lands to Humphrey, earl of Stafford. In all cases, those who were with the late king at the time gave testimony to the parliament (Parliament of 1422, Appendix items 16, 17 and 18).

One matter which was enrolled was the decision that those imprisoned for Lollardy in the Tower of London or elsewhere should be handed over to the bishop for trial (item 20). This may have been stimulated by the petition of Thomas Payn (Parliament of 1422, Appendix item 20) that he had been held for too long in prison. Payn was Oldcastle's former secretary who had been arrested at some point between August 1417 and November 1419, in connection with a possible plot to arrange the escape of James I of Scotland then held at Windsor. But Payn was most certainly not handed over to the church for he was still in the Tower until he escaped in April 1422 along with John Mortimer, whose case occupied the next parliament (Parliament of 1423, items 18, 60). (fn. int1422-34)

There were six common petitions. The first concerned the proper practice to be pursued in chancery suits, and led to an order that the statute of 17 Richard II should be upheld (item 41). Continuing concern over abuses in purveyance led to a request for confirmation of existing statutes and gave rise to a new statute (item 42). Complaints about the bad behaviour of wild Irishmen who were studying at the University of Oxford also led to a statute controlling the entry of the Irish to England and ordering the repatriation of those here on false pretences (item 43) (see Appendix item 24 for subsequent exceptions made to the statute). Similar concerns were expressed at the following parliament (Parliament of 1423, item 47). The fourth common petition concerned the terms and conditions of office of sheriffs and asked for the repeal of the statute of 9 Henry V whereby four year stints of office had been established (item 44). But it stemmed from a specific local concern in the difficulties experienced by the sheriff of Essex and Hertfordshire in raising the county farm. The reply was rather noncommittal, namely that the council would ensure that those who held such offices should be sufficient persons, and that pardons for the non-collection of revenues would be allowed if justified. (fn. int1422-35) The fifth petition confirmed the operation of merchant law in the staples (item 45). The staplers hoped to gain judicial powers that would put Calais to some extent beyond the scope of common law courts, but this was rejected. (fn. int1422-36) The sixth petition asked that appointments to offices should be valid even if the value of the office was not given (item 46). This was allowed.

The large number of additional references which I have discovered (see Appendix) suggests that the parliament dealt with more business, or perhaps it was the council that did so, for it was agreed during the parliament that petitions not answered there should be referred to the council (item 21). It would seem that a further petition which is no longer extant was lodged; in the next parliament (Parliament of 1423, item 12), there is reference to a successful petition of the counties of the north and east midlands that the master of the mint should establish a mint at York in order to coin the gold and silver gathered in those regions at the correct weight. Indeed, the statute roll contains a statute on this matter which is said to have been passed in the 1422 parliament, but the parliament roll has nothing on this matter (see parliament of 1422, Appendix item 22). (fn. int1422-37)

Parliament ended on Friday 18 December. Indirect taxation, namely the wool subsidy and tunnage and poundage, had been granted to Henry V for life and was thus now suspended by virtue of his death. At the end of the parliament the commons announced the grant of a wool subsidy and tunnage and poundage, the announcement of their grant being one of only two sections in English in the whole roll (item 19). (fn. int1422-38) But the terms on which they made their awards were much less generous than in the previous reign. Native merchants were to pay 33 s 4 d per sack of wool exported instead of the previous 44 s 4 d , and aliens had their rate reduced from 60 s to 53 s 4 d . Tonnage and poundage was abolished for native merchants but aliens paid at the same rate as previously, namely at 3 s per tun of wine and 12 d in the pound on imported merchandise. All the levies were granted retrospectively from 1 September 1422 to the opening of the present parliament (9 November 1422) and thenceforward for two years. Their end date was subsequently taken as 10 November 1424 since the next parliament extended the levies from Martinmas (11 November) 1424 (Parliament of 1423, item 14). Chroniclers are rather confused about the length of time for which the levies were imposed by the parliament of 1422. The Great Chronicle of London claims that it was three years whereas various versions of Gregory's chronicle give one year, three years and five years. (fn. int1422-39) It may be that the retrospective grant to cover the period from Henry V's death to the opening of the parliament was a cause of confusion.

We can detect a degree of antagonism towards alien merchants at the parliament of 1422. An unsuccessful petition to the lords reminded them of the need to ensure foreign merchants spent the money they had gained through transactions in England on goods in the English staples, a policy occasioned by the need to prevent too much currency leaving these shores (item 37). There was also a unenrolled petition presented to the commons that aliens should not be allowed to act as brokers, a matter which was to be put before several subsequent parliaments (Parliament of 1422, Appendix item 16). But the council was anxious to placate alien merchants, and in fact reduced the rate they were to pay on exported wool to 43s 4d per sack in February 1423. (fn. int1422-40) In the parliament of 1423, a petition was put forward on behalf of Italian merchants who had already been paying the higher rate before it was reduced (Parliament of 1423, item 36). In this context it is also interesting to see that the lords in 1422 looked sympathetically on a petition presented in the parliament by the merchants of the Hanse concerning a dispute with the sheriffs of London over payment of custom duty. A writ of supersedeas was granted whilst the case was pending (Parliament of 1422, Appendix item 12). On 3 July 1423, the king's justices and the chief baron of the Exchequer reported to the privy council that they had enquired into the complaint of the merchants of the Hanse that they had been charged tunnage as aliens when they claimed the right to be treated as denizens in this respect. On 7 July, the complainants were released from the payment of tunnage until two weeks after Michaelmas, but required to give security for any payment which might be due should they not be able to sustain their case. (fn. int1422-41) On 23 October 1423, the council decided that they should be charged the alien rates. (fn. int1422-42)

Were it not for the survival of materials in the records of the Hanse we would not know that English merchants had made counter-attacks on the merchants of the Hanse at the parliament of 1422. There survives a German translation of a lengthy and detailed petition by English merchants to the commons, citing the infringement of their liberties and asking for confirmation of the statute concerning the Hanse which was initiated in the reigh of Edward I (Parliament of 1422, Appendix item 25). Further materials in the Hanse archives show that the English merchants had made an oral appeal before the lords (Parliament of 1422, Appendix item 26). The report home of the merchants of the steelyard indicates that the lords (and perhaps the parliamentary commons too) were more sympathetic to the complaints of the hanse merchants than they had been to their English counterparts (Parliament of 1422, Appendix item 27). (fn. int1422-43)

No request for direct taxation seems to have been made in the parliament. The second instalment of the lay subsidy voted in the parliament of December 1421 was still being collected in November 1422. The government was no doubt mindful not only of increased reluctance to vote taxes in the last years of Henry V's reign but also of the commons' wish to reduce the burden of the trade taxes on native merchants. The commons had revealed concern about where the taxes should be expended, asking that they should be used only for the defence of the realm (item 19). The reply of Gloucester and the lords was subtle, promising only that they would also labour for the defence of the realm. The subsidy was in fact used to repay loans which Henry Beaufort had made. (fn. int1422-44) Financial concerns were already mounting, not least because of the legacy of Henry V in terms of war expenditure and in accumulated debts. (fn. int1422-45)

But money was by no means the issue it was to become in later years. For the government and people, the main problem was adjusting to the absence of a strong royal hand at the helm. The parliament had set the formal arrangements in place. We also have evidence in the privy council records of how these arrangements were promulgated (Parliament of 1422, Appendix item 3). Roskell concluded that the solidarity and good sense of the commons 'probably contributed much to the work of a parliament which was above all unspectacular in its political results especially where the Commons were concerned, but constitutionally and administratively of great importance for the new reign'. (fn. int1422-46) This may be so, although the roll gives so little indication of the realities of debate at this parliament. What remained to be seen was how it would all work in practice, and in particular, how the balance of power would operate between the protector and the council. But there can be no doubt that the first parliament formed an important precedent for the need to report to and consult with parliaments when the king was a minor and likely to be one for a considerable time to come. This precedent informed the role of parliaments for the whole of the minority of Henry VI.

Text and translation

[p. iv-169]
[col. a]
[memb. 14] This membrane has been numbered 17 on the roll.
ROTULUS PARLIAMENTI TENTI APUD WESTM', DIE LUNE PROXIMO ANTE FESTUM SANCTI MARTINI, ANNO REGNI REGIS HENRICI SEXTI POST CONQUESTUM PRIMO. THE ROLL OF THE PARLIAMENT HELD AT WESTMINSTER ON MONDAY BEFORE MARTINMAS, IN THE FIRST YEAR OF THE REIGN OF KING HENRY THE SIXTH SINCE THE CONQUEST [9 November 1422].
Pronunciacion de parlement. The opening of parliament.
1. Fait assavoir, qe au comencement de parlement tenuz le lundy proschein devant le feste de Seint Martyn, l'an del regne du roi Henry sisme puis le conqueste primer, une commission du roi fait desoutz son grande seal, et direct a l'honurable et puissant prince Humfrey duc de Gloucestre son uncle, par la quell le roi avoit donee poair a mesme son uncle, a tenir le dit parlement en le non du roi, selonc l'effect et la contenue de mesme la commission, en la presence del dit duc, seant en la chambre Depeinte deinz le palois de Westm', et auxi de les seignurs espirtuelx et temporelx, et des chivalers des countees, et des citeins et burgeois del roialme d'Engleterre, pur toute la commune de mesme le roialme au dit parlement venuz, illoeqes alors esteantz, fuit overtement leeuz, dont le tenure cy ensuit: Henricus, Dei gracia, rex Anglie et Francie, et dominus Hibernie, omnibus ad quos presentes littere pervenerint, salutem. Sciatis quod cum de avisamento consilii nostri, pro quibusdam arduis et urgentibus negociis, nos, statum, et defensionem regni nostri Anglie, ac ecclesie Anglicane contingentibus quoddam parliamentum nostrum apud Westm', die Lune proximo ante festum Sancti Martini proximo futuro, teneri ordinaverimus, et quia vero propter certas causas ad parliamentum predictum personaliter non poterimus interesse, [ac de] circumspectione et industria carissimi avunculi nostri Humfridi ducis Glouc' plenam fiduciam reportantes, eidem avunculo nostro, ad parliamentum predictum nomine nostro [inchoandum et in eo] 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 pertinentium 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, quam omnibus aliis quorum interest ad parliamentum nostrum predictum conventuris, similiter tenore presentium firmiter in mandatis, quod eidem avunculo nostro intendant in premissis in forma supradicta. In cujus rei testimonium has litteras nostras fieri fecimus [patentes.] Teste me ipso, apud Westm', sexto die Novembris, anno regni nostri primo. 1. Be it remembered that, at the beginning of the parliament held on Monday before Martinmas in the first year of the reign of King Henry the sixth since the conquest [9 November 1422], a commission of the king made under his great seal and addressed to the honourable and mighty prince Humphrey, duke of Gloucester, his uncle, whereby the king has given power to his same uncle to hold the said parliament in the king's name, according to the effect and the contents of the same commission, was publicly read in the presence of the said duke sitting in the Painted Chamber in the palace of Westminster, and also of the lords spiritual and temporal and of the knights of the shires and of the citizens and burgesses of the realm of England who were then present there, having come to the said parliament on behalf of the commons of the same realm, according to the tenor which follows here: 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 with the advice of our council, because of important and urgent business concerning us, the state and defence of our realm of England and the English church, we have ordained our parliament to be held at Westminster on Monday before Martinmas next, and because we are, however, unable to attend the aforesaid parliament in person on account of certain reasons, having full confidence in the circumspection and industry of our dearest uncle Humphrey, duke of Gloucester, we have committed full power by the tenor of the present letters to our same uncle to begin the aforesaid parliament in our name and to proceed with it and to carry out each and every thing which is to be done there on our behalf and by us for the good rule and governance of our aforesaid realm and of our other lordships pertaining to our same realm; and also to bring to an end and to dissolve that parliament with the assent of our council. Granting in addition with the assent of our same council to each and every one of the archbishops, bishops, abbots, priors, dukes, earls, barons and knights, and to all others who will assemble at our aforesaid parliament whom it concerns, firmly ordering in like manner by the tenor of the present letters, that they will submit to our same uncle on the matters aforesaid in the form stated above. In witness of which matter we have caused these our letters patent to be made. Witnessed by myself at Westminster, 6 November, in the first year of our reign [1422].
2. Sur quoi monsir l'ercevesqe de Canterbirs, par commandement del dit [duc commissair] du roi, pronunciast le dit parlement, et prist pur son theame, Principes populorum congregati sunt cum Deo. (fn. iv-169-7-1) 2. Whereupon my lord the archbishop of Canterbury, at the command of the said duke, the king's commissary, opened the said parliament, and took as his theme, 'The princes of the people are gathered together in the sight of God'. (fn. iv-169-7-1)
3.Et monstra sur ceo pluseurs [notabilitees trescommendables,] et entre autres choses [il disoit, qe a le tresnoble et tresgracious roi Henry quint, de qi] les solempnes et merveillouses acts, gestes, et governance [sont conuz parmy] le monde, et qi alme Dieu le [pardone] [col. b] [de sa plenitude de mercie, neez est un tresbeaux et tresgloriouse fitz, engendrez de le] pluis honurable sanc de France, [ja roi d'Engleterre] et de France: 3.And thereupon he explained many notable and most commendable things. He said, among other things, that to the most noble and most gracious King Henry the fifth, whose illustrious and extraordinary acts, deeds and rule are acknowledged throughout the world, and whose soul may God pardon [col. b] from his abundant mercy, was born a most beautiful and most glorious son, begotten of the most honourable blood of France, now king of England and of France.
4. sicome en le nombre de sys est compris [tout manere perfection, et desicome auxi en] sys jours Dieu perfesoit tout sa overaigne, ensi est a entendre qe la perfection [de tout] le bien comencez par le piere, serra parfait par cesty fitz q'est le sisme roi Henry puis le conqueste, par la grace de Dieu, et qe les seignurs espirtuelx et temporelx, et les citeins et burgeois, et toutz autres lieges du roi, aient et enjoient lour libertees et franchises, par eux bien usez et nient repellez, ne par la commune leie repellables. 4. Just as all manner of perfection is contained in the number six, and also, inasmuch as God finished all his work in six days, it is thus understood that the completion of all the good deeds begun by the father will be finished by this son who is, by God's grace, King Henry the sixth since the conquest. He declared that the lords spiritual and temporal and the citizens and burgesses and all the other king's lieges shall have and enjoy their liberties and franchises which are fully exercised by them and not repealed, nor which are repealable by the common law.
5. Et pur tant qe durant la tendre age nostre soverain seignur, pur trois causes, queux mon dit seignur de Canterbirs assigna pur la somons de ceste parlement, c'estassavoir, une pur la bone governance des tresexcellent persone du roi; la [secunde pur] la bone conservation de la paix, et due execution et accomplissement des leies de la terre; et la tierce pur la bone et seure [defens] du roialme envers les enemys; covient avoir provision des honurables et discretes persones, pur la governance, et ceo de chescun estate [de] ceste roialme, selonc le sage conseill quell Getro dona a Moysen duc des gents de Israel son cosyn, come est contenuz en Exodi, c'estassavoir de chescun manere gentz hommes puissantz [apperce, et] Dieu dotantz, es queux soit verite de doctrine et bone conversation, et ceux auxi qi haiont avarice, parmy quell governance Dieu de sa benoit misericorde ottroie prosperite, pees, et tranquillite a toutz estates, et gents de ceste roialme, a avoirz et enjoierz a eux perpetuelment. 5. And therefore, my said lord of Canterbury explained three reasons for the summons of this parliament, given the minority of our sovereign lord: that is, first, for the good governance of the most excellent person of the king; secondly, for the secure keeping of the peace and the due execution and enforcement of the laws of the land; and thirdly, for the good and secure defence of the realm against the enemies; it is meet for the governance to have suitable provision from honourable and discreet persons drawn from each estate of this realm, in accordance with the wise council which Jethro gave to his cousin Moses, leader of the people of Israel, as is contained in the book of Exodus, that is, from all manner of men who appear to be men of power and God fearing, from those who are true in faith and of good conduct, and also those who hate avarice, during which governance God from his benign grace will bestow prosperity, peace and tranquility to all the estates and people of this realm, to have and be enjoyed by them forever.
6. Et disoit outre ceo mon dit seignur de Canterbirs, qe le roi avoit ordeinez et assignez en manere accustumee, certeins clercs pur receiver petitions de ceux qi soi pleindre vorront en ceste present parlement, et auxi certeins seignurs pur eux trier et respondre a ycelles, des queux seignurs et clercs les nons cy ensuent. Et auxi mon dit seignur de Canterbirs chargea les ditz chivalers, citeins, et burgeois, q'ils aillent a l'election de lour commune parlour en haste, issint q'ils luy purront presenter demain en parlement. 6. And my said lord of Canterbury said in addition that the king has ordained and assigned in the accustomed manner certain clerks to receive petitions from those who wished to complain in this present parliament, and also certain lords in order to try and answer them, the names of which lords and clerks follow here. And my said lord of Canterbury also charged the said knights, citizens and burgesses that they should proceed quickly with the election of the common speaker, so that they might present him in parliament the following day.
[p. iv-170]
[col. a]
7. Receivours des petitions d'Engleterre, Irland, Gales, et Escoce:

  • Sire Simond Gaunstede
  • Sire Johan Hertilpole et
  • Sire John Frank.
7. Receivers of petitions from England, Ireland, Wales and Scotland:

  • Sir Simon Gaunstead
  • Sir John Hartlepool and
  • Sir John Frank.
8. Receivours des petitions de Gascoigne, et d'autres terres et paiis pardela le meer, et des Isles:

  • Sire Johan Spryngthorp et
  • Sire Henry Kays.
8. Receivers of petitions from Gascony, and from the other lands and countries overseas, and from the Channel Islands:

  • Sir John Springthorp and
  • Sir Henry Kays.
Et ceux qi vorront liverer lour petitions, les baillent parentre cy et samady proschein avenir. And those who wish to submit their petitions should deliver them between now and the following Saturday [14 November].
9. Et sont assignez triours des petitions d'Engleterre, Irland, Gales, et Escoce:

  • L'ercevesqe de Canterbirs
  • L'evesqe de Wyncestre
  • L'evesqe de Duresme
  • L'evesqe de Norwice
  • Le duc d'Excetre
  • Le count de Warwyk
  • Monsir William Hankeford et
  • William Babyngton'.
9. And the following are assigned triers of petitions for England, Ireland, Wales and Scotland:

  • The archbishop of Canterbury
  • The bishop of Winchester
  • The bishop of Durham
  • The bishop of Norwich
  • The duke of Exeter
  • The earl of Warwick
  • Sir William Hankford and
  • William Babington.
- trestoutz ensemble, ou cynk des prelatz et seignurs avantditz au meins, appellez a eux teux officers du roi qe lour semblera necessaries ceste partie de temps en temps. Et tiendront lour place en la chambre du chamberleyn, pres la chambre Depeinte. - to act all together, or at least five of the aforesaid prelates and lords, consulting with such king's officers from time to time, when necessary. And their session will be held in the Chamberlain's Chamber, next to the Painted Chamber.
10. Et sont assignez triours des petitions de Gascoigne, et des autres terres et paiis pardela le meer, et des Isles:

  • L'evesqe de Loundres
  • L'evesqe de Worcestre
  • L'evesqe de Cestre
  • Le sire de Crumbewell
  • Le sire de Ponynges
  • Robert Tirwhit et
  • Johan Cokayn.
10. And the following are assigned triers of petitions for Gascony, and the other lands and countries overseas, and for the Channel Islands:

  • The bishop of London
  • The bishop of Worcester
  • The bishop of Chester
  • Lord Cromwell
  • Lord Poynings
  • Robert Tirwhit and
  • John Cokayn.
- toutz ensemble, ou trois des prelatz et seignurs avantditz, appellez a eux tieux officers du roi qe lour semblera necessaries ceste partie de temps en temps. Et tiendront lour place en la chambre Marcolf. - to act all together, or at least three of the aforesaid prelates and lords, consulting with such king's officers from time to time, when necessary. And their session will be held in the Marcolf Chamber.
[memb. 13] This membrane has been numbered 16 on the roll.
Presentation du parlour. Presentation of the speaker.
11. Jeody, le quarte jour de ceste parlement, viendrent les communes en ycell parlement devant le dit duc de Gloucestre, commissair du roi a tenir mesme le parlement, et devant toutz les seignurs espirtuelx et temporelx esteantz illoeqes et presenterent Rogier Flour esquier, pur lour commune parlour, a qi le dit commissair du roi se agrea bien. Et apres ceo le dit parlour pria, q'il purroit parler desoutz tiele protestation come autres parlours avoient fait pardevant. Et le dit commissair du roi de part le roi ottroia qe le dit parlour averoit tiele protestation come autres persones q'ont esteez parlours ceo en arere ont eu, es temps des nobles progenitours et predecessours du roi. Et pria auxi le dit parlour qe s'il parleroit riens autrement qe n'estoit accordee par ses ditz compaignons, q'il soi purroit corriger et refourmer par lour bon advis; a la quele le dit commissair du roi soi agrea de part le roi. 11. On Thursday, the fourth day of this parliament [12 November], the commons in that parliament came before the said duke of Gloucester, the king's commissary to hold the same parliament, and before all the lords spiritual and temporal who were present there and presented Roger Flore, esquire, as their common speaker, whom the said king's commissary readily accepted. And after this the said speaker prayed that he might speak under such protestation as other speakers had used in the past. And the said king's commissary granted that the said speaker might have such protestation as other persons who had been speakers had used in the past under the king's noble progenitors and predecessors. And the said speaker also prayed that if he should say anything other than had been agreed by his said fellows that he could correct himself and put himself right by their sound advice; to which the said king's commissary himself agreed on behalf of the king.
[col. b]
L'auctorisatione des certeins commissions et somons de ceste parlement. The authorisation of certain commissions and summons in this parliament.
12. Fait assavoir qe conuz la verite cy en Engleterre de la passement le tresnoble roi Henry quint puis le conqueste, qe Dieu de sa haute mercie pardoine, et considerez la tendre age de son tresbeau fitz et heir nostre tressoverain seignur q'orest, assemblerent pleuseurs honurables seignurs de ceste roialme, sibien espirituelx come temporelx, pur la iminent necessite de governance de le mesme, sibien pur conservation de la paix et exhibition de justice, come pur l'exercice des offices au roi regardantz. Sur qoy diverses commissions, de lour bone advis, ont issuez desoutz le grande seal du roi as mentz persones, sibien as justices, come as visconts, eschetours, et autres de ses officers, et auxi ont brieves du roi par l'advis suisdit issuez a somondre ceste parlement, a l'entente qe par le commune assemble de toutz estates du roialme, et lour sages conseilles et discretions, la meillour governance pur la tresexcellente persone et estat de nostre dit soverain seignur, et pur tout le dit roialme, purroit estre purveu en le dit parlement, sibien pur la salvation del roialme, come pur defense de le mesme; ordeinez est et assentuz en ceo mesme parlement, et par l'auctorite d'icell, qe sibien les commissions qeconqes, come toutz les ditz brieves de somons de parlement issint issuez desoutz le dit seal, et l'issues et l'executions de trestoutz les mesmes, soient affermez, auctorisez, et approvez come bones et effectuelx, et qe pur autielx soient tenuz et reputez envers toutz persones perpetuelment. 12. Be it remembered that, knowing here in England the truth of the death of the most noble King Henry the fifth since the conquest, who may God pardon from his high mercy, and considering the young age of his finest son and heir, our present most sovereign lord, many honourable lords of this realm, both spiritual and temporal, have assembled because of the immediate need for governance of the same, as much for the keeping of the peace and the administration of justice, as for the exercise of the offices pertaining to the king. Whereupon, with their good advice, several commissions have been issued under the king's great seal to numerous persons, to justices and to sheriffs and escheators as well as to other of his officers, and, by the aforesaid advice, the king's writs have also been issued to summon this parliament, so that, by the common assembly of all the estates of the realm, and by their wise counsel and discretions, the better governance might be provided in the said parliament on behalf of the most excellent person and estate of our said sovereign lord, and for all the said realm, both for the safety of the realm and for the defence of the same; it is ordained and agreed in this same parliament, and by the authority of the same, that all commissions and all writs of summons to parliament thus issued under the said seal, and the issue and execution of all of them, shall be confirmed, authorised and approved as sound and effective, and that they should be similarly upheld and enforced by all persons forever.
Pro venerabili patre domino Thoma episcopo Dunelmen'. On behalf of the venerable father Lord Thomas, bishop of Durham.
13. Monstrante, venerabili patre Thoma episcopo Dunelmen', in presenti parliamento, manifeste qualiter super lamentabili et dolorosa morte inclite recordationis Henrici nuper regis Anglie quinti post conquestum, ac heredis et regentis regni Francie, et domini Hibernie, per relatores veridicos intellecta, idem Thomas episcopus Dunelmen', nuper cancellarius ipsius nuper regis in Anglia, dum vivebat, videlicet, vicesimo octavo die Septembris, anno regni serenissimi principis et domini nostri Henrici regis Anglie et Francie sexti post conquestum primo, in castro de Wyndesore, coram excellenti et potenti principe et domino suo honorabili Humfrido duce Gloucestr' avunculo ipsius domini nostri regis Henrici sexti, ac reverendis patribus Henrico archiepiscopo Cantuarien', Henrico Wynton', Edmundo Exon', et Philippo Wigorn' episcopis; Johanne domino de Talbot et de Furnyvale, Willelmo domino de Clynton, Roberto domino de Ponynges, et nonnullis aliis, qui tunc ibidem fuerunt presentes, factis per ipsos primitus fidelitatibus et homagiis, prout ad quemlibet eorum pertinebat, et facta perprius per ipsum dominum episcopum Dunelmen' fidelitate prefato domino regi Henrico sexto, debita majestati sue regie, liberavit, et realiter tradidit, et secum dimisit regium sigillum magnum aureum Anglie, quod supradictus nuper rex Henricus quintus, eidem domino episcopo Dunelmen' tradidit, quando ipsum ordinavit et constituit cancellarium suum Anglie; et quod super hoc, in eodem castro, vicesimo octavo die predicto, supplicavit dictus episcopus Dunelmen', prefato domino duci, et aliis dominis spiritualibus et temporalibus supradictis, et eos instantius requisivit, quod quandocumque pro parte ipsius episcopi Dunelmen' forent requisiti, ipsi domini testificari vellent hujusmodi liberationem, traditionem, et dimissionem magni sigilli memorati. Qui quidem dominus dux Gloucestr', aliique domini spirituales et temporales antedicti, in presenti parliamento personaliter existentes, liberationem, traditionem, et dimissionem magni sigilli predicti, ad instantiam et requisitionem ejusdem episcopi Dunelmen', unanimiter et concorditer testificati fuerunt, quod ipsis presentibus, et modo quo supra, idem episcopus Dunelmen' liberavit prefato domino nostro regi, ac secum dimisit magnum sigillum Anglie predictum, in castro de Wyndesore, et die vicesimo octavo [p. iv-171][col. a] supradictis, et incontinenti post dictam testificationem dictorum dominorum, suppliciter exoravit idem episcopus Dunelmen', quod testificatio hujusmodi eorumdem dominorum posset actitari, et inter acta presentis parliamenti, pro ipsius episcopi Dunelmen' securitate in hac parte, in scripturam redigi: quod sibi fuit concessum per prefatum ducem, de unanimi consensu omnium dominorum in ipso eodem parliamento tunc congregatorum. 13. The venerable father Thomas, bishop of Durham, having explained clearly in the present parliament how, learning through true reports of the lamentable and sad death of Henry the fifth late king of England since the conquest, and heir and regent of the realm of France, and lord of Ireland, the same Thomas, bishop of Durham, late chancellor in England of the late king himself when the latter was alive, on 28 September in the first year of the reign of our most serene prince and lord Henry the sixth king of England and France since the conquest, in Windsor castle, before his excellent and mighty prince and lord the honourable Humphrey, duke of Gloucester, the uncle of our lord King Henry the sixth, and the reverend fathers Henry, archbishop of Canterbury, Henry, bishop of Winchester, Edmund, bishop of Exeter, and Philip, bishop of Worcester, John, Lord Talbot and Furnival, William, Lord Clinton, Robert, Lord Poynings, and many others who were then present there, with fealties and homages performed by them as was appropriate for each of them, and with fealty having been given earlier by the lord bishop of Durham himself to the lord King Henry the sixth, due to his royal majesty, delivered and indeed handed over and released the royal gold great seal of England which the abovesaid late King Henry the fifth had handed over to the same lord bishop of Durham when he had ordained and appointed him his chancellor of England; and that thereupon, in the same castle on the aforesaid 28th day, the said bishop of Durham beseeched the lord duke and the other abovesaid lords spiritual and temporal and most urgently asked them that at whatever time they might be asked on behalf of the bishop of Durham, the lords themselves would be willing to bear witness to such delivery, handing over and release of the great seal. The lord duke of Gloucester and the other lords spiritual and temporal who were present in person in the present parliament, at the entreaty and request of the same bishop of Durham, unanimously and with one voice witnessed the delivery, handing over and release of the aforesaid great seal in their presence, and in the manner noted above, the bishop of Durham himself delivered and handed over the aforesaid great seal of England to our aforesaid lord king in Windsor Castle in their presence and in the above manner, and on the abovesaid 28th day, [p. iv-171][col. a] and immediately after the said witnessing of the said lords the same bishop of Durham humbly entreated that this witnessing of the same lords be enacted and recorded in writing among the acts of the present parliament for the protection of the bishop of Durham himself in this regard: which was granted to him by the aforesaid duke with the unanimous assent of all the lords then assembled in the same parliament.
Pur l'evesqe de Loundres. On behalf of the bishop of London.
14. Fait a remembrer, qe en ceste parlement monstra l'onurable piere en Dieu l'evesqe de Loundres, nadgairs chanceller le tresnoble roi Henry, piere au roi nostre tressoverain seignur q'orest, en sa duchee de Normandie, devant le puissant prince duc de Gloucestre, commissair nostre dit seignur le roi a ceste parlement tenir, en presence de toutz les seignurs espirtuelx et temporelx esteantz en le mesme, coment il de deaux grandes seals du dit roi le piere, un pur le dit duchee ordeine, et l'autre semblant a son grande seal d'Engleterre, par luy au dit evesqe liverez par dela a garderz, par advis de mes seignurs le duc d'Excestre, le counte de la Marche, le counte de Warrewyk, et de pleuseurs autres seignurs Englois, deliverast a Roane, puis la mort le dit roi le piere, le suisdit seal pur le dit duchee ordeinez, a l'honurable et puissant prince le duc de Bedeford, a qi le dit roi le piere avoit commys la governance de mesme le duchee en son lit moriant, a l'oeps de son dit fitz pur un certein temps, et ceo pur cause de necessite de justice affaire en mesme le duchee, et pria sur ceo le dit evesqe, q'il purra estre quitez et deschargez de la suisdite deliverance. Et purtant qe mes ditz seignurs d'Excestre, de la Marche, et de Warrewyk, adonqes presentz en parlement, tesmoigneient la dite monstrance, et considerez la cause avantdite, mon dit seignur de Gloucestre, et toutz les autres seignurs espirtuelx et temporelx suisditz, desont bien contentz de la suisdite deliverance. Et qant a l'autre grande seal avantdit, le dit evesqe l'ad deliverez au roi mesmes, en la presence del dit commissair, et de les ditz duc d'Excestre, et de le counte de la Marche, et le counte de Warrewyk, et de pleuseurs autres seignurs a Wyndelsore, sicome mesmes les ducs, counts, et seignurs, l'ont tesmoignez en ceste parlement. Et pria le dit evesqe, qe ceo purroit estre enacte en le rolle de ceste parlement, le quell fuit a luy ottroiez. 14. Be it remembered that the honourable father in God the bishop of London, late chancellor of the most noble King Henry father of our present most sovereign lord the king in his duchy of Normandy, explained in this parliament before the mighty prince the duke of Gloucester, our said lord the king's commissary for the holding of this parliament, in the presence of all the lords spiritual and temporal assembled in the same, how, of the two seals of the said king the father, one of which had been ordered for the said duchy, and the other, similar to his great seal of England, which had been handed over by the king to the said bishop to be kept overseas, he had, by the advice of my lords the duke of Exeter, the earl of March, the earl of Warwick and of several other English lords, delivered the aforesaid seal ordered for the said duchy to the honourable and mighty prince the duke of Bedford at Rouen, to whom the said king the father had committed the governance of the same duchy on his death-bed for a certain time for the assistance of his said son and because of the need for justice to be done in the same duchy. The said bishop prayed thereupon that he might be quit and discharged of the aforesaid delivery. And because my said lords of Exeter, of March and of Warwick, who were then present in parliament, attested the said declaration, my said lord of Gloucester and all the other aforesaid lords spiritual and temporal, having considered the aforesaid matter, declared themselves fully satisfied with the aforesaid delivery. And as regards the other aforesaid great seal, the said bishop delivered it to the king himself in the presence of the said commissary and of the said duke of Exeter, and of the earl of March, and the earl of Warwick, and of many other lords at Windsor, the same dukes, earls and lords who have borne witness to this in this parliament. And the said bishop prayed that this might be enacted on the roll of this parliament, which was granted to him.
De novo stilo, in sigillis domini regis fabricando. Concerning the new title to be engraved on the lord king's seals.
15. Fait assavoir, qe considerez coment l'enheritance sibien de le roialme et la corone de France come de le roialme, et la corone d'Engleterre, sont ore descenduz droiturelment a nostre tressoverain seignur le roi Henry sisme puis le conquest, purtant qe le stile del scripture eu en les sealx a ses officers pur lour offices excercer et executer tanqe en cea liverez et assignez, n'accorde pas a son dit title d'enheritance, et grande peril au roi ent sourder purroit, sy mesmes les sealx ne fuissent le pluis tost refourmez. Ordeinez est et assentuz en ceo mesme parlement, par le puissant prince duc de Gloucestre, commissair au roi a ceste parlement tenir, et par toutz les seignurs espirtuelx et temporelx esteantz en le mesme, q'en les sealx du roi qeconqes sibien en Engleterre, come en Irland, Guyen, et Gales, soit ceste novell stile escript ou gravez; c'est assavoir, Henricus, Dei gratia, rex Francie et Anglie, et dominus Hibernie', selonc l'effect de les enheritances avantditz ousteez en ycelles par devant tout ceo q'est contrarie ou superfluant au dit novelle stile. Et qe a chescun de ceux officers du roi, qi ascun des ditz sealx eit en garde, par cause de son office, et bosoigne garant avoir ceste partie, soit commandez de part le roi, q'il mesme le seal face refourmer sanz delaie, selonc les fourme et effect del novelle stile avauntdit. 15. Be it remembered that, considering how the inheritance both of the realm and the crown of France and of the realm and the crown of England have now descended by right to our most sovereign lord King Henry the sixth since the conquest, because the title in the writing made on the seals delivered and assigned to his officers for the exercise and execution of their offices does not agree with his said title of inheritance, and because great danger to the king might ensue thereupon unless the same seals are quickly changed, it is ordained and agreed in this same parliament by the mighty prince the duke of Gloucester, the king's commissary for the holding of this parliament, and by all the lords spiritual and temporal assembled in the same, that on all of the king's seals whether in England or in Ireland, Guyenne, and Wales, this new title shall be written or engraved; namely, Henry by the grace of God king of France and England, and lord of Ireland, according to the effect of the aforesaid inheritances, removing from the seals all that is contrary or superfluous to the said new title. And that it shall be commanded on the king's behalf that each of the king's officers who have custody of any of the said seals by virtue of of his office, and who need warrant in this matter, shall cause their seal to be changed without delay according to the form and effect of the aforesaid new title.
[col. b]
[memb. 12] This membrane has been numbered 15 on the roll.
De principalibus officiariis domini regis nominatis et ordinatis. Concerning the nomination and appointment of the lord king's chief officers.
16. Memorandum quod in presenti parliamento, coram excellenti et potenti principe domino Humfrido duce Gloucestr', commissario domini nostri regis ad tenendum parliamentum predictum assignato, et coram aliis dominis spiritualibus et temporalibus in eodem parliamento consedentibus, venerunt certi milites, missi per prolocutorem, et ceteros ipsorum socios, vocatos et congregatos pro tota communitate regni Anglie in eodem parliamento; et pro eadem communitate, et nomine ejusdem, requisiverunt prefatum dominum ducem Gloucestr', quod de avisamento dictorum dominorum spiritualium et temporalium, pro bona gubernatione dicti regni, placeret sibi certificare dictam communitatem, ad eorum majorem consolationem, quas personas placeret domino nostro regi ordinari facere, pro officiis cancellarii et thesaurarii Anglie, ac custodis privati sigilli sui: super qua quidem requisitione sic facta, habita in hac parte deliberatione et avisamento pleniori, considerataque sufficientia personarum, quas bone memorie dominus Henricus nuper rex Anglie, pater domini nostri regis moderni, de sua discretione excellenti, ad officia hujusmodi, ut personas in officiis illis satis expertas, assignavit idem dominus noster rex, paternum sequens exemplum, de avisamento et assensu dicti domini ducis commissarii antedicti, ac omnium et singulorum dominorum spiritualium et temporalium predictorum, nominavit et ordinavit de novo venerabilem patrem Thomam episcopum Dunelmen', ad officium cancellarii sui Anglie, Willelmum Kynwolmersh clericum, ad officium thesaurarii Anglie, et Magistrum Johannem Stafford, ad officium custodis privati sigilli sui. Et voluit super hoc idem dominus noster rex, de assensu et avisamento predictis, quod tam prefato domino Dunelmen', cancellario Anglie, de officio illo excercendo fierent littere domini regis patentes, sub forma que sequitur: Henricus, Dei gratia, rex Anglie et Francie, et dominus Hibernie, omnibus ad quos presentes littere pervenerint, salutem. Sciatis quod de avisamento et assensu totius consilii nostri, in presenti parliamento nostro existentium, constituimus venerabilem patrem Thomam episcopum Dunelmen', cancellarium nostrum Anglie. Dantes et concedentes, de avisamento et assensu predictis, eidem cancellario nostro, omnes et omnimodas auctoritatem et potestatem, ad omnia ea et singula que ad officium cancellarii Anglie, de jure sive consuetudine pertinent, seu quovis tempore pertinere consueverunt, vice, nomine, et loco nostris, faciendum, excercendum, exequendum, et expediendum, quamdiu nobis placuerit, percipiendo et habendo in officio illo, vadia et feoda, ac omnia alia, et eisdem in singulis gaudendo, prout cancellarii Anglie ante hec tempora habuerunt et perceperunt, ac aliquo tempore usi et gavisi fuerunt. Mandantes insuper et firmiter precipientes universis et singulis ligeis nostris regni nostri Anglie, cujuscumque status, gradus, seu conditionis fuerint, quod eidem cancellario nostro, in excercitio et executione officii illius, de tempore in tempus, in omnibus obediant et intendant prout decet. In cujus rei testimonium, has litteras nostras fieri fecimus patentes. Teste me ipso, apud Westm', .xvi. die Novembris, anno regni nostri primo'; quam prefato Willelmo, thesaurario Anglie, de officio illo excercendo, similiter fierent littere domini regis patentes, sub forma que sequitur: Henricus, Dei gratia, rex Anglie et Francie, et dominus Hibernie, omnibus ad quos presentes littere pervenerint, salutem. Sciatis quod de avisamento et assensu totius consilii nostri, in presenti parliamento nostro existentium, constituimus dilectum clericum nostrum, Willelmum Kynwolmersh, thesaurarium nostrum Anglie. Dantes et concedentes, de avisamento et assensu predictis, eidem thesaurario nostro, omnes et omnimodas auctoritatem et potestatem, ad ea omnia et singula que ad officium thesaurarii Anglie, de jure sive consuetudine pertinent, seu quovis tempore pertinere consueverunt, nomine, vice, et loco [p. iv-172][col. a] nostris, faciendum, excercendum, exequendum, et expediendum, quamdiu nobis placuerit, percipiendo et habendo in officio illo, vadia et feoda, ac omnia alia, et eisdem in singulis gaudendo, prout thesaurarium Anglie ante hec tempora habuerunt et perceperunt, ac aliquo tempore usi et gavisi fuerunt. Mandantes insuper, et firmiter precipientes, universis et singulis ligeis nostris regni nostri Anglie, cujusque status, gradus, seu conditionis fuerint, quod eidem thesaurario nostro, in excercitio et executione officii illius, de tempore in tempus, in omnibus obediant et intendant prout decet. In cujus rei testimonium, has litteras nostras fieri fecimus patentes. Teste me ipso, apud Westm', .xvi. die Novembris, anno regni nostri primo. Et ulterius, quod fierent alie littere < patentes > domini regis, prefato Magistro Johanni, custodi privati sigilli predicti, de officio illo excercendo, in forma que sequitur: Henricus, Dei gratia, rex Anglie et Francie, et dominus Hibernie, omnibus ad quos presentes littere pervenerint, salutem. Sciatis, quod de avisamento et assensu totius consilii nostri, in presenti parliamento nostro existentium, constituimus dilectum clericum nostrum, Magistrum Johannem Stafford, custodem privati sigilli nostri. Dantes et concedentes, de avisamento et assensu predictis, eidem custodi, omnes et omnimodas auctoritatem et potestatem, ad omnia ea et singula que ad officium predictum, de jure sive consuetudine pertinent, seu quovis tempore pertinere consueverunt, nomine, vice, et loco nostris, faciendum, excercendum, exequendum, et expediendum, quamdiu nobis placuerit, percipiendo et habendo in officio illo, vadia et feoda, ac omnia alia, et eisdem in singulis gaudendo, prout custodium privati sigilli ante hec tempora habuerunt et perceperunt, ac aliquo tempore usi et gavisi fuerunt. In cujus rei testimonium, has litteras nostras fieri fecimus patentes. Teste me ipso apud Westm', .xvi. die Novembris, anno regni nostri primo. 16. Be it remembered that in the present parliament certain knights came before the excellent and mighty prince Lord Humphrey, duke of Gloucester, our lord king's commissary assigned to hold the aforesaid parliament, and before the other lords spiritual and temporal sitting in the same parliament, who had been sent by the speaker and certain of their fellows having been summoned and assembled in the same parliament on behalf of all the commons of the realm of England; and on behalf of the same commons, and in the name of the same, they asked the aforesaid lord duke of Gloucester that, with the advice of the said lords spiritual and temporal, for the good governance of the said realm, it might please him to inform the said commons, for the greater comfort of them, which persons it had pleased our lord the king to cause to be appointed to the offices of chancellor and treasurer of England, and the keepership of his privy seal: upon which request thus made, having had full deliberation and advice on this matter, and having considered the competence of persons whom Lord Henry late king of England of worthy memory, the father of our present lord king, from his excellent discretion had appointed to such offices as persons sufficiently expert in the same, our same lord king, following the example of the father, with the advice and assent of the said lord duke, the aforesaid commissary, and of each and every one of the aforesaid lords spiritual and temporal, named and appointed anew the venerable father Thomas, bishop of Durham, to the office of his chancellor of England, William Kinwolmarsh, clerk, to the office of teasurer of England, and Master John Stafford to the office of keeper of his privy seal. And thereupon our same lord king willed, with the aforesaid assent and advice, that the lord king's letters patent shall be made to the aforesaid lord [bishop] of Durham, chancellor of England, for that office to be exercised, under the form which follows: 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, with the advice and assent of all our council assembled in our present parliament, we have appointed the venerable father Thomas, bishop of Durham, our chancellor of England. Giving and granting, with the aforesaid advice and assent, to our same chancellor all and every kind of authority and power to do, exercise, perform and carry out each and every thing which pertains to the office of chancellor of England by right or custom, or has been accustomed to pertain at any time, in our stead, name or place for as long as it shall please us, receiving and having in that office the wages and fees and all other things, and enjoying each of the same as chancellors of England have had and received in the past, and which were used and enjoyed at any time. Commanding in addition and firmly ordering each and every one of our lieges of our realm of England, of whatever estate, rank or condition they be, to obey and submit to our same chancellor in the exercise and carrying out of that office from time to time in all things, as is fitting. In witness of which matter we have caused these our letters patent to be made. Witnessed by myself at Westminster, 16 November, in the first year of our reign'; and to the aforesaid William, treasurer of England, for that office to be exercised, the lord king's letters patent shall be similarly made under the form which follows: 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, with the advice and assent of all our council assembled in our present parliament, we have appointed our dear clerk William Kinwolmarsh our treasurer of England. Giving and granting, with the aforesaid advice and assent, to our same treasurer all and every kind of authority and power to do, exercise, perform and carry out each and every thing which pertains to the office of treasurer of England by right or custom, or has been accustomed to pertain at any time, in our stead, name or place, [p. iv-172][col. a] as long as it shall please us, receiving and having in that office the wages and fees and all other things, and enjoying each of the same, just as treasurers of England have had and received in the past, and which were used and enjoyed at any time. Commanding in addition and firmly ordering each and every one of our lieges of our realm of England, of whatever estate, rank or condition they be, that they shall obey and submit to our same treasurer in the exercise and carrying out of that office from time to time in all things, as is fitting. In witness of which matter we have caused these our letters patent to be made. Witnessed by myself at Westminster, 16 November, in the first year of our reign. And in addition that the king's other letters patent shall be made to the aforesaid Master John, keeper of the aforesaid privy seal, for that office to be exercised, in the form which follows: 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, with the advice and assent of all our council assembled in our present parliament, we have appointed our dear clerk Master John Stafford keper of our privy seal. Giving and granting, with the aforesaid advice and assent, to the same keeper all and every kind of authority and power to do, exercise, perform and carry out each and every thing which pertains to the aforesaid office by right or custom, or has been accustomed to pertain at any time, in our name, stead or place, as long as it shall please us, receiving and having in that office the wages and fees and all other things, and enjoying each of the same, just as keepers of the privy seal have had and received in the past, and which were used and enjoyed at any time. In witness of which matter we have caused these our letters patent to be made. Witnessed by myself at Westminster, 16 November, in the first year of our reign [1422].
Subsequenterque, prefatus dominus dux commissarius supradictus, de avisamento et assensu < dictorum > dominorum spiritualium et temporalium, misit ex causa predicta, certos venerabiles dominos, videlicet, archiepiscopum Cantuar', episcopos Wynton', et Wygorn', ac ducem Exon', comitem Warr', et dominos de Ferrers, et de Talbot, ad communitatem hujus parliamenti, in domo sua communi adtunc existentem, et eidem communitati, per dominos illos notificavit, officiarios illos, ad officia supradicta, in forma prenotata, fuisse et esse nominatos et ordinatos; super qua quidem notificatione sic facta, eadem communitas, de nominatione et ordinatione officiariorum predictorum sic habitis extitit bene contenta, regratiando ex hac causa multipliciter domino nostro regi, ac singulis dominis supradictis, prout per eosdem dominos, ex parte dicte communitatis, extitit super hoc in eodem parliamento reportatum. And afterwards the aforesaid lord duke, the abovesaid commissary, with the advice and assent of the said lords spiritual and temporal, for the purpose noted above sent certain venerable lords, namely, the archbishop of Canterbury, the bishops of Winchester and Worcester, and the duke of Exeter, the earl of Warwick, and Lords Ferrers and Talbot to the commons of this parliament who were then assembled in their common chamber, and it was made known by these lords to the same commons the officers who had been and were named and appointed to the abovesaid offices in the form noted above; upon which notification having thus been made, the commons expressed themselves fully satisfied with the nomination and appointment of the aforesaid officers thereby made by giving many thanks on this issue to our lord king and to each of the abovesaid lords, as was reported in the same parliament by the same lords, on behalf of the said commons.
De confirmationibus libertatum, annuitatum, et officiorum per progenitores domini regis concessorum ad vitam habendum per regem. Concerning the confirmations by the king of the liberties, annuities and offices granted by the lord king's progenitors to be held for life.
17. Memorandum quod dominus rex considerando magna et varia auxilia et subsidia, que tam domini spirituales et temporales, ac communitates regni sui Anglie, carissimo domino et patri suo Henrico, ac carissimo avo suo Henrico, nuper regibus Anglie defunctis, necnon aliis regibus progenitoribus et predecessoribus suis, in arduis negotiis et necessitatibus suis, adiu gratuite exhibuerunt, quam etiam labores et expensas multiplices, quas milites, armigeri, et valetti, in partibus cismarinis et transmarinis, diutine sustinuerunt, et volens proinde nedum prefatos dominos spirituales et temporales, ac communitates, verum etiam dictos milites, armigeros, et valettos, graciis et favoribus aliqualiter compensare, credens indubie quod ipsi tanto corda assument < hillariora > erga ipsum, in fide et dilectione imposterum permanere, quo per ipsum dominum regem se sencerint beneficiis regiis communiri, de avisamento et assensu dominorum spiritualium et temporalium, in presenti pleno parliamento existentium, voluit et ordinavit in eodem, quod tam [col. b] omnes et singuli domini spirituales et temporales, quam omnes et singuli cives et burgenses, ac alie persone quecumque, qui et que cartas sive litteras patentes, libertatum, franchesiarum, quietantiarum, aut immunitatum, ex concessione nobilium progenitorum sive predecessorum ipsius domini nostri regis, non revocatarum habent, sive optinent, habeant inde confirmationes sub magno sigillo domini regis, cum clausula prout in cancellaria usitata in forma debita conficiendas, sine isto vocabulo concedimus habendo in eisdem, et absque fine eidem domino regi pro aliqua confirmationum predictarum faciendo. Et similiter, quod omnes et singule persone, que annuitates, vadia diurna, vel officia ad terminum vite sue optinent, per litteras patentes de concessione seu confirmatione prefati patris domini nostri regis, tam de tempore quo idem pater princeps Wallie, dux Cornub', et comes Cestr' extitit, quam postquam gubernacula regni Anglie suscepit, litteris illis coram magno consilio dicti domini nostri regis exhibitis in forma debita, habeant, per avisamentum ejusdem consilii, confirmationes litterarum suarum patentium predictarum, absque isto vocabulo concedimus, sub magno sigillo ipsius domini nostri regis, absque fine pro aliqua confirmationum illarum ad opus domini regis faciendo, cum brevibus de liberate et allocate, de omni eo quod eis a retro fuerit. Et quod, cuilibet persone, que per avisamentum dicti consilii, confirmationem talem habebit, custos privati sigilli domini regis, faciat fieri sub eodem sigillo, litteras in forma debita cancellario Anglie qui pro tempore fuerit, ad confirmationem ipsam fieri faciendum, absque fine in cancellaria percipiendo pro eadem. 17. Be it remembered that, in considering the great and various aids and subsidies which both the lords spiritual and temporal and the commons of his realm of England have freely delivered for a long time to his dearest lord and father Henry and his dearest grandfather Henry, both deceased, late kings of England, and also to other kings his progenitors and predecessors for their arduous business and needs, and also the many labours and expenses which the knights, esquires and yeomen have borne both on this side of the sea and overseas for a long time, and therefore wishing to compensate with grace and favours in some way not only the aforesaid lords spiritual and temporal and the commons but also the said knights, esquires and yeomen, believing without doubt that they might demonstrate so much goodwill towards him and remain in faithfulness and love forevermore that, through the lord king, they would be disposed to act together for the benefits of the kingdom, with the advice and assent of the lords spiritual and temporal assembled in the present full parliament, the king has willed and ordained in the same that both [col. b] each and every one of the lords spiritual and temporal and each and every one of the citizens and burgesses, and any other persons whomsoever, who have or who hold unrevoked charters or letters patent of liberties, franchises, quittances, or immunities by the grant of the noble progenitors or predecessors of our lord king himself, shall have confirmations made thereupon in due form under the lord king's great seal, with the clause that is used in chancery, without using this word, concedimus, in the same, and without fine to be made to the same lord king for any of the aforesaid confirmations. And similarly that each and every person who holds annuities, wages by the day or offices for the term of his life by letters patent from the grant or confirmation of the aforesaid father of our lord king, both from the time when the same father was prince of Wales, duke of Cornwall and earl of Chester, and after he assumed the governance of the realm of England, such letters having been presented before the great council of our said lord king in due form, shall have, by the advice of the same council, confirmations of their aforesaid letters patent without this word, concedimus, under the great seal of our lord king himself, without fine to be made to the use of the lord king for any of those confirmations, with writs of liberate and allocate for whatever is in arrears to them. And that to each person who, by the advice of the said council, will have such a confirmation, the keeper of the lord king's privy seal at the time shall cause letters to be made under the same seal in the due form in the chancery of England to confirm the same, without fine to be made in chancery for the same.
Pur l'execution de la darrain volute de piere de roy. Concerning the execution of the last will of the king's father.
18. Fait assavoir, q'en ceste parlement, furent baillez une petition et une cedule consuitz ensemble, tachez ore a le dorse de ceste rolle de parlement, de la quell petition le tenure cy ensuit: 18. Be it remembered that a petition and a schedule sewn together were delivered in this parliament, which are now attached to the dorse of this roll of parliament, the tenor of which petition follows here:
Please au roi nostre seignur soverain, par assent des seignurs espirtuelx et temporelx en ceste present parlement, et par auctorite de mesme le parlement, grauntier et ordeiner tout ceo q'est contenuz en une cedule a yceste bille annexee, et qe lettres patentz de nostre seignur le roi, par auctorite de mesme le parlement, soient faitz, selonc les fourme et contenue de ycelle cedule, pur Dieu et en oevere de charite. < Et le tenure de la dite cedule cy > ensuit: May it please the king our sovereign lord to grant and ordain, by the assent of the lords spiritual and temporal in this present parliament and by the authority of the same parliament, all that is contained in a schedule attached to this bill, and that our lord the king's letters patent shall be made by the authority of the same parliament according to the form and content of this schedule, for God and by way of charity. And the tenor of the said schedule follows here:
'Rex omnibus ad quos etc. salutem. Sciatis quod de avisamento consilii nostri, et assensu dominorum spiritualium et temporalium ac consensu communitatis regni nostri Anglie, in presenti parliamento nostro existentium, auctoritate ejusdem parliamenti, volumus, ordinamus et concedimus quod nos deliberari et assignari faciemus, per deputatum nostrum aut deputatos nostros, dilectis et fidelibus nostris Henrico domino FilzHugh, Waltero Hungreford, Waltero Beauchamp, Lodowico Robessart, Willelmo Porter, et Roberto Babthorp, militibus, ac Johanni Wodehous, et Johanni Leventhorp, armigeris, executoribus una cum aliis, in testamento carissimi domini et patris nostri, domini Henrici nuper regis Anglie defuncti nominatis, bona, catalla, et jocalia ac pecuniarium summas, [ad] valorem quadraginta milium marcarum, attingentia de bonis, catallis, et jocalibus, ac denariorum summis, que fuerunt prefati patris nostri. Et quod iidem Henricus dominus FilzHugh, Walterus, Walterus, Lodowicus, Willelmus, Robertus, Johannes, et Johannes, omnia et singula eis in hac parte sic deliberanda et assignanda, circa solutionem cujusdam summe decem et novem milium marcarum, in quibus dictus pater noster, tempore obitus sui, illis qui executores testamenti recolende memorie domini Henrici nuper regis Anglie, avi nostri similiter defuncti, nominati fuerunt, indebitatus fuit, pro certis bonis et catallis, que fuerunt [p. iv-173][col. a] ejusdem avi nostri receptis, et penes ipsum patrem nostrum retentis, quam aliarum summarum pro expensis hospitii, ac necessariis camere et garderobe ipsius patris nostri, ac diversarum summarum sibi mutuatarum, et alias, in partem executionis et complementi ultime voluntatis prefati patris nostri, per avisamentum, supervisum, et contrarotulationem tam supervisorum in dicto testamento predicti dicti patris nostri nominatorum, quam carissimi avunculi nostri Humfridi ducis Gloucestr', et carissimi consanguinei nostri Thome ducis Exon', ac venerabilium patrum Henrici Wynton' consanguinei nostri carissimi, et Thome Dunelmen' cancellarii nostri, episcoporum, seu deputatorum suorum in hac parte, expendant, applicent, convertant, et fideliter administrent, in quantum commode poterint, citra proximum parliamentum nostrum exnunc tenendum: et quod ipsi, cum super hoc debite requisiti fuerint, fidelem compotum inde reddant, prefatis supervisoribus, ducibus et episcopis, seu eorum deputatis, quodque parliamento illo finito, deinceps ab ulteriori compoto, sive ratiocinio inde reddendo, penitus exonerentur, ac adeo liberi sint et illese conditionis, tam erga nos, quam prefatos supervisores, duces et episcopos, ac alios quoscumque, sicut ipsi aliquam receptionem, occupationem, solutionem, sive administrationem hujusmodi bonorum, catallorum, et jocalium, aut pecuniarum summarum, eis sic assignatorum et liberatorum, super se nusquam assumpsissent. Volumus etiam, ac de avisamento, assensu, consensu, et auctoritate predictis, ordinamus, concedimus et statuimus quod tam predicti Henricus dominus FilzHugh, Walterus, Walterus, Lodowicus, Willelmus, Robertus, Johannes, et Johannes, quam omnes alii executores in testamentis predictis nominati, ac eorum heredes, executores, attornati, servientes, et deputati, de omnimodis placitis, querelis, actionibus, et demandis, per creditores tam dicti avi nostri, quam prefati patris nostri, aut alias seu aliam personas vel personam, versus predictos Henricum dominum FilzHugh, Walterum, Walterum, Lodowicum, Willelmum, Robertum, Johannem, et Johannem, aut prefatos alios executores, in testamentis predictis nominatos, heredes, executores, deputatos, attornatos, et servientes, seu eorum aliquem, occasione administrationis, occupationis, perceptionis, receptionis, solutionis, aut liberationis dictorum bonorum, catallorum, et jocalium, aut denariorum summarum, eisdem Henrico domino FilzHugh, Waltero, < Waltero, Lodowico, Willelmo, Roberto, Johanni, et > Johanni, sic assignandorum vel liberandorum, seu alicujus < parcelle eorumdem, > prosecutis aut motis, capiendis, prosequendis, aut movendis, in futuro quieti, et exonerati existant imperpetuum, ac querentes et implacitantes, de omni actione preclusibiles, et preclusi, in hac parte; et quod cancellarius Anglie, [memb. 11][editorial note: This membrane has been numbered 14 on the roll.] aut custos magni sigilli nostri, vel heredum, aut successorum nostrorum, pro tempore existens, auctoritate predicta, fieri facere et liberare teneatur, tam prefatis Henrico domino FilzHugh, Waltero, Waltero, Lodowico, Willelmo, Roberto, Johanni, et Johanni, quam dictis aliis executoribus, in testamentis predictis nominatis, et eorum cuilibet, ac heredibus, executoribus, deputatis, attornatis, et servientibus suis, et cujuslibet eorumdem, tot et talia brevia de supersedeas, in quibuscumque placitis et querelis, versus ipsos, seu ipsorum aliquem, contra formam et effectum presentium, motis vel movendis, quot et qualia, eis et eorum cuilibet, in hac parte fuerint necessaria, seu quomodolibet oportuna, aliquo statuto in contrarium facto, seu alia causa quacumque, non obstante. In cujus etc. The king to all to whom etc. greeting. Know that with the advice of our council, and with the assent of the lords spiritual and temporal and the consent of the commons of our realm of England assembled in our present parliament, by the authority of the same parliament we will, ordain and grant that we shall cause to be delivered and assigned by our deputy or our deputies to our dear and faithful Henry, Lord FitzHugh, Walter Hungerford, Walter Beauchamp, Lewis Robessart, William Porter and Robert Babthorp, knights, and John Woodhouse and John Leventhorp, esquires, executors, together with others named in the will of our dearest lord and father Lord Henry, late king of England, deceased, the goods, chattels and jewels and sums of money to the value of 40,000 marks arising out of the goods, chattels and jewels and sums of money which belonged to our aforesaid father. And that the same Henry, Lord FitzHugh, Walter, Walter, Lewis, William, Robert, John and John shall completely expend, use, change and faithfully administer, as far as they are able, before our next parliament to be held after this time each and every thing thus to be delivered and assigned to them in this regard on the payment of a certain sum of 19,000 marks for which our said father was indebted at the time of his death to those who were named executors of the will of Lord Henry late king of England of worthy memory, our grandfather, similary deceased, for certain goods and chattels which were received by [p. iv-173][col. a] our grandfather and retained in the possession of our father, and of other sums for the expenses of the household and the necessities of the chamber and wardrobe of our father himself, and of various sums loaned to him and others, by way of the execution and fulfilment of the the last will of our aforesaid father, by the advice, supervision and control of both the supervisors named in the said will of our said father and of our dearest uncle Humphrey, duke of Gloucester, and our dearest kinsman Thomas, duke of Exeter, and the venerable fathers Henry, bishop of Winchester, our dearest kinsman, and Thomas, bishop of Durham, our chancellor, or their deputies in this regard: and that they themselves, since they have been duly requested concerning this, shall render a faithful account thereupon to the aforesaid supervisors, dukes and bishops, or to their deputies, and when that parliament has ended they shall then be fully discharged from rendering an additional account or reckoning thereupon, and thus be of a free and inviolate condition both towards us and the aforesaid supervisors, dukes and bishops, and others whomoever, as if they have not at any time taken upon themselves any receipt, possession, release or administration of such goods, chattels or jewels, or sums of money thus assigned and delivered to them. We also will and with the aforesaid advice, assent, consent and authority ordain, grant and decree that both the aforesaid Henry, Lord FitzHugh, Walter, Walter, Lewis, William, Robert, John and John, and all other executors named in the aforesaid wills, and their heirs, executors, attorneys, servants and deputies shall be quit and discharged forever from all kinds of pleas, suits, actions and demands prosecuted or moved, to be held, prosecuted or moved in future by the creditors of both our said grandfather and our aforesaid father, or other persons or another person, against the aforesaid Henry, Lord FitzHugh, Walter, Walter, Lewis, William, Robert, John and John, or the other aforesaid executors named in the aforesaid wills, their heirs, executors, deputies, attorneys and servants, or any of them, by reason of the administration, occupation, taking, receipt, payment or delivery of the said goods, chattels and jewels, or sums of money thus to be assigned or delivered to the same Henry, Lord FitzHugh, Walter, Walter, Lewis, William, Robert, John and John, or any part of the same, and the plaintiffs and impleaders prevented and barred from all action in this regard; and that the chancellor of England, [memb. 11][editorial note: This membrane has been numbered 14 on the roll.] or the keeper of our great seal or that of our heirs or successors at the time, shall be bound by the aforesaid authority to cause to be made and to deliver to both Henry, Lord FitzHugh, Walter, Walter, Lewis, William, Robert, John and John, and to the other said executors named in the aforesaid wills, and to any of them, and their heirs, executors, deputies, attorneys and servants, and to any of them, as many and such writs of supersedeas in any pleas and suits moved or to be moved against them, or any of them, contrary to the form and effect of the present letters, as many and such as shall be necessary or in any way suitable in this regard, notwithstanding any statute made to the contrary, or any other reason whatsoever. In [witness] of which etc.
Les queux petition et cedule leeuz en ceo mesme parlement, et les matiers comprisez en ycelles bien entenduz, le roi del assent et avisement des seignurs espirtuelx et temporelx esteantz en le dit parlement, et del assent auxi de les communes esteantz en mesme, voet [col. b] et ad ordeinee et grauntee toutz les articles, choses, et maters contenuz en la cedule avauntdite, et qe lettres patentz du roi soient ent faitz desoutz son graunde seale en due fourme, selonc l'effect et le tenure de mesme la cedule en toutz points, et ceo par l'auctorite de ceste parlement. Which petition and schedule having been read in this same parliament, and the matters contained in them fully understood, the king, with the assent and advice of the lords spiritual and temporal assembled in the said parliament, and also with the assent of the commons assembled in the same, wills [col. b] and has ordained and granted all the articles, things and matters contained in the aforesaid schedule, and that the king's letters patent shall be made thereupon under his great seal in due form according to the effect and the tenor of the same schedule in all points, and this by the authority of this parliament.
De le subsidie grauntez au roy. Concerning the subsidy granted to the king.
19. Fait assavoir, qe le .xviij. jour de Decembre, l'an du regne del roi Henry sisme puis le conquest primer, qe fuit le darrein jour de ceste parlement, viendrent toutz les communes d'Engleterre assemblez [...] en mesme le parlement, devant le puissant prince Humfrey duc de Gloucestre, commissair du roi a tenir mesme le parlement, et devant toutz les autres seignurs espirtuelx et temporelx, seantz en le mesme, et apres ceo qe les ditz communes par Rogier Flour lour commune parlour avoient faitz lour commendations, et declarez outre par bouche, coment ils del assent des ditz seignurs eussent grauntez au roi une certein subsidie, pur la defense de le roialme d'Engleterre, baillerent ils en mesme le parlement une cedule endentee, touchant mesme la graunte, dont le tenure cy ensuit: 19. Be it remembered that on 18 December in the first year of the reign of King Henry the sixth since the conquest, which was the last day of this parliament, all the commons of England assembled in the same parliament came before the mighty prince Humphrey, duke of Gloucester, the king's commissary to hold the same parliament, and before all the other lords spiritual and temporal who were sitting in the same, and after the said commons had made their commendations through Roger Flore, their common speaker, and declared in addition how they, with the assent of the said lords, had granted a certain subsidy to the king for the defence of the realm of England, and they delivered an indented schedule concerning the same grant in the same parliament, the tenor of which follows here:
To the worschip of God, and for the grete love and entier affection the whiche the pouere communes of the roialme of Englond have unto oure most soveraigne lord the kyng, the forsaid pouere commens, by the assent of the lordes spirituell and temporell, the Monunday next before the fest of Seint Martyn, the yer of oure said lord the kyng the first, graunton' to oure said lord the kyng in this present parlement, for the defense of the said roialme of Engelond in special, a subsidie of .xxxiij. s. .iiij. d. of the marchants Englissh, of every sak weight of wolle, and of every .ccxl. of wolle felle, by the said marchants Englissh y shippid fro the first day of September last passid, and for tobe shippid fro this day, into the ende of too yer next folwyng, payng the oon half atte the ende of .vi. monethes next aftur the date of her coket, and the other halfendele atte the ende of other .vi. monethes than next folwyng. And also of all marchants aliens, a subsidie of .liij. s. .iiij. d. of every sak weight of wolle, and of every .ccxl. of wolle felle, in her name shippid from the said day of September, and for to be shippid fro this day, into the ende of too yer next folwyng. And also a subsidie of tonage and poundage of the said straungers, that is to sey of every tunne .iij. s.; and .xij. d. of every pounde, fro the said day of Septembre, into the said day of this present parlement, and fro the said day of the said parlement, into the ende of too yer next folwyng, tobe paid atte such dayes and termes, as may be accordid betwene the kynges counseill for the tyme beyng, and the said marchants aliens. The whiche grauntes of subsidies been made by the said commens on the conditions that folwith; that is to sey, that hit ne no part ther of be beset ne dispended, to non other use but oonly in and for the defense of the said roialme; purveyd algate, that all sakkes of wolle, and wolle felle, y shipped by marchants Englissh, and pershid or take be enemyes on the see, that than the said marchants Englissh been discharged of the subsidie of that so pershid or take, it duyly proved, and in cas that the said marchants Englissh have paid her subsidie of wolle, or wolle felle, so pershed or take, that than they shippe as moche ther fore without subsidie paying for the same. Sur quelle cedule du grante leeuz overtement en le dit parlement, dit fuit as ditz communes de part mon dit seignur [...] de Gloucestre come commissair au roi, et protectour et defensour de ceste roialme nomez par le roi, et son chief conseiller, en l'absence del puissant prince le duc [p. iv-174][col. a] de Bedeford, et auxi de part les autres < seignurs, nomez > conseillers assistentz a la governance, qe si avant come la dite grante se vorra extender pur la defense de mesme le roialme, ils vorreient faire lour diligence et devoir celle partie. For the honour of God, and for the great love and complete affection which the poor commons of the realm of England have towards our most sovereign lord the king, the aforesaid poor commons, by the assent of the lords spiritual and temporal, on Monday before Martinmas in the first year of the reign of our said lord the king, grant to our said lord the king in this present parliament, for the defence of the said realm of England in particular, a subsidy of 33 s. 4 d. from English merchants on every sack weight of wool and on every 240 woolfells to be exported by the said English merchants from 1 September last for a term of two years then following, paying one half at the end of six months after the date of their cockets, and the other half at the end of six months then following. And also a subsidy of 43 s. 4 d. from all alien merchants on every sack weight of wool and on every 240 woolfells to be exported in their name from the said day of September, and to be exported from this day, for a term of two years then following. And also a subsidy on tonnage and poundage from the said alien merchants, that is to say, 3 s. on every tun of wine and 12 d. on every pound from the said day of September until the said day of this present parliament, and from the said day of the said parliament for a term of two years then following, to be paid on such days and terms as may be agreed between the king's council at the time and the said alien merchants. Which grants of subsidies are made by the said commons on the conditions which follow; that is to say, that neither they nor any part of them shall be used nor spent for any other purpose, but only on and for the defence of the said realm; provided always that regarding all sacks of wool and woolfells to be exported by English merchants and perished or seized by enemies at sea, that then the said English merchants shall be discharged from the said subsidy on that thus perished or seized, the latter being duly proved. And in the event that the said English merchants have paid their subsidy on the wool or woolfell thus perished or seized, that then they may ship as much as before without paying subsidy on the same. Which schedule of the grant having been read publicly in the said parliament, it was said to the commons on behalf of my lord of Gloucester, as the king's commissary and named as protector and defender of this realm and his principal councillor by the king in the absence of the mighty prince the duke [p. iv-174][col. a] of Bedford, and also on behalf of the other lords named as councillors to assist with the governance, that justas the said grant should be used for the defence of the same realm, they will do their utmost and duty in this regard.
Pur ceux qi sont emprisonez pur Lollardrie a delivererz al ordinarie. Concerning the handing over to the ordinary of those who are imprisoned for Lollardy.
20. Fait assavoir, qe sur la priere des communes esteantz en ceste parlement, par relation de monsir de Loundres, fait de part eux au commissair du roi, et as autres seignurs esteantz en mesme le parlement, de ceo qe les lieges du roi emprisonez en Loundres, et aillours deins le roialme, pur heresie, et Lollardrie, fuissent deliverez as ordinaries, selonc l'estatuit, pur estre adjuggez selonc la leie de seint esglise, ordeinez est et assentuz en le dit parlement, par les ditz commissair et seignurs, a la requeste des ditz communes, qe toutz yceux qe sont emprisonez en la Tour de Loundres, ou aillours dedeins mesme la citee, pur heresie, ou Lollardrie, soient deliverez par brieves du roi, a l'ordinarie de mesme le lieu, selonc l'effect del estatuit fait ceste partie, pur estre justifiez come la leie de seinte esglise demande. (fn. iv-169-73-1) 20. Be it remembered that upon the prayer of the commons assembled in this parliament, by the report of my lord of London made on their behalf to the king's commissary and to the other lords assembled in the same parliament, that the king's lieges imprisoned in London and elsewhere in the realm for heresy and Lollardy should be handed over to the ordinaries in accordance with the statute in order to be judged according to the law of holy church, it is ordained and assented in the said parliament by the said commissary and lords, at the request of the said commons, that all those who are imprisoned in the Tower of London or elsewhere in the same city for heresy or Lollardy should be handed over to to the ordinary of the same place by the king's writs according to the effect of the statute made on this matter, in order to be judged as the law of holy church requires. (fn. iv-169-73-1)
De petitions baillez en ceste parlement nient responduz a manderz au conseil du roi. Concerning the sending of unanswered petitions delivered in this parliament to the king's council.
21. Ordeinez est et assentuz en ceste parlement, qe trestoutz les petitions baillez en mesme le parlement, et nient responduz illoeqes, soient mandez au conseill du roi, a l'entent qe les seignurs de mesme le conseil pur le temps esteantz, facent determinations de et sur les matiers contenuz en ycelles petitions, sibien de ceux qe baillez sont par les communes esteantz en le dit parlement, come d'autres, selonc les bones advises et discretions de mesmes les seignurs, et sicome les cases des dites petitions requierent, pur l'esploit et confort de les suppliants et pleignants en les mesmes especifiez. 21. It is ordained and assented in this parliament that all the petitions delivered in the same parliament and not answered there should be sent to the king's council so that the lords of that council at the time might make decisions concerning and on the matters contained in those petitions, both on those which are delivered by the commons assembled in the said parliament and on others, according to the good advice and discretions of the same lords, and as the circumstances of the said petitions require for the benefit and aid of the supplicants and plaintiffs mentioned therein.
Pur le duc de Gloucestre. Concerning the duke of Gloucester.
22. Le roi, del assent de toutz les seignurs espirtuelx et temporelx esteantz en ceste parlement, voet et grante, qe son treschier uncle Humfrey duc de Gloucestre ait et enjoie del grante du roi l'office de chaumberleyn d'Engleterre, del temps du moriant le tresgracious roi Henry, piere au roi nostre soverain seignur, tant come y plerra au roi, ovesqe les fees, profits, et emoluments a mesme l'office appurtenantz, ou regardantz. Et qe le dit duc ait ent lettres patentz du roi affairez en due fourme, sicome il avoit de mesme l'office du grante le dit roi le piere pardevant. 22. The king, with the assent of all the lords spiritual and temporal assembled in this parliament, wills and grants that his dearest uncle Humphrey, duke of Gloucester shall have and enjoy the office of chamberlain of England in the king's gift from the time of the death of the most gracious King Henry, father of our sovereign lord the king, as long as it shall please the king, with the fees, profits and emoluments pertaining or belonging to the same office. And that the said duke shall have the king's letters patent to be made in due form, just as he had for the same office by the previous grant of the said king the father.
Pur mesme le duc. On behalf of the same duke.
23. Le roi, del assent de toutz les seignurs espirtuelx et temporelx esteantz en yceste parlement, voet et grante, qe son treschiere uncle Humfrey duc de Gloucestre ait et enjoie del grante du roi l'office de constabularie de son chastell de Gloucestre, a avoir del moriant del roi Henry, piere du dit roi nostre soverain seignur, tant come y plerra au roi, ovesqe toutz les fees, gages, profits, et commoditees a mesme l'office regardantz, considerez qe le dit duc mesme l'office avoit, du grante del dit roi Henry le piere, en mesme la fourme par ses lettres patentz monstrez en yceste parlement. 23. The king, with the assent of all the lords spiritual and temporal assembled in this parliament, wills and grants that his dearest uncle Humphrey, duke of Gloucester, shall have and enjoy the office of constable of his castle of Gloucester in the king's gift, to be held from the death of King Henry, father of our said sovereign lord the king, as long as it shall please the king, with all the fees, wages, profits and commodities belonging to the same office, considering that the said duke holds the same office from the grant of the said King Henry the father, in the same form by his letters patent produced in this parliament.
[memb. 10] This membrane has been numbered 13 on the roll.
De protectore et defensore regni Anglie constituto. Concerning the appointment of the protector and defender of the realm of England.
24. Memorandum quod vicesimo septimo die hujus parliamenti, considerata etate tenera metuendissimi domini nostri regis Henrici sexti post conquestum, quod ipse, circa protectionem et defensionem regni sui Anglie, ac ecclesie Anglicane personaliter intendere non possit hiis diebus, idem dominus rex, de circumspectionibus et industriis, carissimorum avunculorum suorum Johannis ducis Bed', et Humfridi ducis Gloucestr', plenarie confidens, de assensu et avisamento dominorum tam spiritualium [col. b] quam temporalium, in presenti parliamento existentium, necnon de assensu communitatis regni Anglie existentium in eodem, ordinavit et constituit dictum avunculum suum ducem Bed', in partibus exteris jam existentem, 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, postquam redierit in Anglia, et ad presentiam prefati domini regis venerit, et quamdiu extunc in eodem regno moram fecerit, et eidem domino nostro regi placuerit. Et ulterius, idem dominus rex, de assensu et avisamento predictis, ordinavit et constituit, in absentia prefati avunculi sui ducis Bed', prefatum avunculum suum ducem Gloucestr', jam in regno suo Anglie existentem, ejusdem regni sui, et ecclesie Anglicane, protectorem et defensorem, ac consiliarium dicti domini regis principalem; et quod idem dux Gloucestr', ejusdem regni Anglie, et ecclesie predicte, protector et defensor, ac principalis consiliarius ipsius domini regis sit et nominetur, quamdiu regi placuerit; et quod super hoc, littere ipsius domini regis patentes fierent, sub forma que sequitur: 24. Be it remembered that on the 27th day of this parliament [Saturday 5 December], having considered the young age of our most dread lord King Henry the sixth since the conquest, that he himself is unable to attend personally to the protection and defence of his realm of England and the English church at this time, the same lord king, having full confidence in the circumspection and diligence of his dearest uncles John, duke of Bedford, and Humphrey, duke of Gloucester, with the assent and advice of the lords both spiritual [col. b] and temporal assembled in the present parliament, and also with the assent of the commons of the realm of England assembled in the same, has ordained and appointed his said uncle the duke of Bedford, now overseas, protector and defender of his aforesaid realm and the English church, and the chief councillor of the lord king himself, and that the duke himself shall be and be named protector and defender of the same realm and chief councillor of the king himself after he returns to England and has come into the presence of the aforesaid lord king, and as long as he remains in the same realm and it shall please our same lord king. And the same lord king has ordained and appointed in addition, with the aforesaid assent and advice, in the absence of his aforesaid uncle the duke of Bedford, his aforesaid uncle the duke of Gloucester, who is now present in his realm of England, protector and defender of his same realm and the English church and the chief councillor of the said lord king; and that the same duke of Gloucester shall be and be named protector and defender of the same realm of England and the aforesaid church, and the chief councillor of the lord king himself, as long as it shall please the king; and that letters patent of the lord king himself shall be made on this under the form which follows:
Henricus, Dei gratia, rex Anglie et Francie, et dominus Hibernie, omnibus ad quos presentes littere pervenerint, salutem. Sciatis quod nos, considerato quod in adeo tenera etate constituti sumus, quod circa protectionem et defensionem regni nostri Anglie, ac ecclesie Anglicane, personaliter intendere non possumus in presenti, nos, de circumspectione et industria carissimi avunculi nostri Johannis ducis Bed', plenam fiduciam reportantes, de assensu et avisamento tam dominorum, < quam de assensu communitatis dicti regni Anglie in instanti parliamento existentium; > ordinavimus et constituimus ipsum avunculum nostrum, dicti regni nostri Anglie, et ecclesie Anglicane, protectorem et defensorem, ac consiliarium nostrum principalem; et quod ipse dicti regni nostri Anglie, ac ecclesie Anglicane, protector et defensor, ac principalis consiliarius noster sit et nominetur, in et juxta vim, formam, et effectum cujusdam acti in dicto parliamento, die date presentium, habiti et concordati; proviso semper, quod prefatus avunculus noster, nullam gerat aut habeat, vigore presentium, potestatem, nec sicut prefertur nominetur, nisi pro tempore quo presens hic in regno nostro Anglie fuerit, et prout in predicto acto continetur; quodque carissimus avunculus noster dux Gloucestr', nobis in agendis dicti regni nostri Anglie negotiis, post ipsum avunculum nostrum ducem Bed', principalis consiliarius existat et nominetur, quotiens et quando prefatum avunculum nostrum ducem Bed', infra regnum nostrum Anglie predictum morari contingat; confidentes insuper ad plenum de circumspectione et industria predicti avunculi nostri ducis Gloucestr', de assensu et avisamento predictis, ordinavimus et constituimus ipsum avunculum nostrum ducem Gloucestr', in dicto regno nostro Anglie jam presentem, dicti regni nostri Anglie, ac ecclesie Anglicane, protectorem et defensorem, necnon consiliarium nostrum principalem, quotiens et quando dictum avunculum nostrum ducem Bed', extra regnum nostrum Anglie predictum morari vel abesse contingat; et quod ipse avunculus noster dux Gloucestr', protector et defensor dicti regni nostri Anglie, et ecclesie Anglicane, ac principalis consiliarius noster sit et nominetur, juxta vim, formam, et effectum acti predicti; proviso semper, quod prefatus avunculus noster dux Glouc', nullam gerat aut habeat, vigore presentium, potestatem, nec ut prefertur nominetur, nisi pro tempore quo presens hic in regno nostro Anglie fuerit, in absentia dicti avunculi nostri ducis Bed', et prout in predicto acto continetur. Damus autem universis et singulis archiepiscopis, episcopis, abbatibus, prioribus, ducibus, comitibus, baronibus, militibus, et omnibus aliis fidelibus et subditis nostris, dicti regni nostri Anglie, quorum [p. iv-175][col. a] interest, tenore presentium, firmiter in mandatis, quod tam prefato avunculo nostro duci Bed', quotiens et quamdiu protectionem et defensionem hujusmodi sic habuerit et occupaverit, quam prefato avunculo nostro duci Gloucestr', quotiens et quamdiu ipse consimiles protectionem et defensionem habuerit et occupaverit, in premissis faciendis, pareant, obediant, et intendant prout decet. In cujus rei testimonium, has litteras nostras fieri fecimus patentes, quamdiu nobis placuerit duraturas. Teste me ipso, apud Westm', quinto die Decembris, anno regni nostri primo. 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 we, considering that we are so very young that we are unable to attend personally to the protection and defence of our realm of England and the English church at present, having full faith in the circumspection and diligence of our dearest uncle John, duke of Bedford, with both the assent and advice of the lords and the assent of the commons of the said realm of England assembled in the present parliament, have ordained and appointed our same uncle protector and defender of our realm of England and the English church and our chief councillor; and that he himself shall be and be named protector and defender of our said realm of England and our chief councillor on and according to the force, form and effect of a certain act made and agreed in the said parliament on the day of the date of these present letters; provided always that our aforesaid uncle shall assume or have no power on the strength of these present letters, nor as he is said to be named, save when he is present in our realm of England, and as is contained in the aforesaid act; and that our dearest uncle the duke of Gloucester, for our business to be transacted in our said realm, after our uncle the duke of Bedford himself, shall be and is named chief councillor as often as and whenever our aforesaid uncle the duke of Bedford happens to be in our aforesaid realm of England; having full confidence moreover in the circumspection and diligence of our aforesaid uncle the duke of Gloucester, with the aforesaid assent and advice, we have ordained and appointed our uncle the duke of Gloucester himself, who is now present in our realm of England, protector and defender of our said realm of England and the English church and also our chief councillor as often as and whenever our said uncle the duke of Bedford happens to be out of or leave our aforesaid realm of England; and that our said uncle the duke of Gloucester shall be and be named protector and defender of our said realm of England and the English church and our chief councillor according to the force, form and effect of the aforesaid act; provided always that our aforesaid uncle the duke of Gloucester shall assume or have no power on the strength of these present letters, nor as he is said to be named, save when he is present in our realm of England in the absence of our said uncle the duke of Bedford, and as is contained in the aforesaid act. We therefore firmly command each and every one of the archbishops, bishops, abbots, priors, dukes, earls, barons, knights and all our other faithful men and subjects of our said realm of England whom [p. iv-175][col. a] it concerns by the tenor of these present letters that they shall submit to, obey and direct themselves in the above matters to both our aforesaid uncle the duke of Bedford as often as and whenever he shall thus have and occupy this protection and defence, and our aforesaid uncle the duke of Gloucester as often as and whenever he himself shall similarly have and occupy the protection and defence. In witness of which matter we have caused these our letters patent to be made, to remain in force for as long as it shall please us. Witnessed by myself at Westminster, 5 December, in the first year of our reign.
Super quibus quidem acto et commissione sic factis sive habitis, tenoribus eorumdem coram tam dicto domino duce Glouc', quam prefatis dominis spiritualibus et temporalibus, lectis et recitatis, idem dominus dux Gloucestr', habita inde deliberatione, onus et excercitium occupationis hujusmodi, ad Dei honorem, regis et regni predictorum utilitatem, ac dominorum predictorum requisitionem, super se quantum ad ipsum pertinuit, assumere voluit, et assumpsit tunc ibidem, juxta formam acti supradicti. Protestando tamen, quod assumpsio sua hujusmodi, seu consensus suus in hac parte, prefato fratri suo non cederet in prejudicium quoquo modo, quin idem frater suus ad libitum suum onus hujusmodi assumere, vel non assumere deliberare se possit et avisare. Upon which certain act and commission having thus been effected and made, with the tenors of the same having been read and recited before both the said lord duke of Gloucester and the aforesaid lords spiritual and temporal, the same lord duke of Gloucester, having had deliberation thereupon, wished to assume to the degree that it pertained to him, this burden and occupation of duties for the honour of God, for the benefit of the aforesaid king and realm, and at the request of the aforesaid lords, and he thereupon received it there according to the form of the abovesaid act. Protesting however, that this his taking up of it and his agreement on this matter did not prejudice his brother in any way, but that his same brother should be able to take counsel and advice himself at his will to undertake or not to undertake this commission.
De officiis et beneficiis ad regem pertinentibus, per dictum protectorem sub certa forma conferendis. Concerning the offices and benefices pertaining to the king to be conferred by the said protector under a certain form.
25. Memorandum quod cum dominus rex, tam de assensu et avisamento dominorum spiritualium et temporalium, quam de assensu communitatis regni Anglie, in presenti parliamento existentium, per litteras suas patentes, ordinaverit et constituerit carissimum avunculum suum Johannem ducem Bed', jam in partibus exteris existentem, protectorem et defensorem regni predicti, ac ecclesie Anglicane, necnon principalem consiliarium suum, et quod idem dux Bed', 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 date predictarum litterarum in eodem parliamento habiti et concordati; ac insuper, consimiliter idem dominus rex, de assensu et avisamento predictis, ordinaverit et constituerit, in absentia prefati ducis Bed', carissimum avunculum suum, Humfridum ducem Gloucestr', jam in regno predicto presentem, protectorem et defensorem regni et ecclesie predictorum, ac principalem consiliarium suum; volens quod idem dux Glouc', protector et defensor dicti regni, ac principalis consiliarius suus, sit et nominetur, in et juxta vim, formam, et effectum acti supradicti: prefatus dominus rex considerans varios labores, quos prefatos duces 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 dux Bed', quotiens et quando onus predictum super se assumpserit, et realiter exercuerit et occupaverit, quam prefatus dux Gloucestr', quotiens et quando ipse 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 pertinentibus, de eisdem officiis disponere possint, sub forma subsequenti: videlicet, quod quandocumque aliquod officiorum predictorum vacare contigerit in futuro, uterque ducum predictorum onus occupationis protectionis et defensionis hujusmodi 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 optinendum, in forma debita conficere; proviso semper, quod quelibet persona aliquod hujusmodi officium, ad nominationem alicujus ducum predictorum, virtute [col. b] 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, amoventur de eodem. Item, idem dominus rex, ex avisamento, consensu, et causa predictis, voluit, concessit et ordinavit, quod uterque ducum predictorum, pro tempore quo onus protectionis et defensionis predictarum habuerit et exercuerit, ad quascumque ecclesias parochiales, ultra taxam viginti marcarum, usque ad taxam triginta marcarum inclusive, ac etiam, ad omnes prebendas in capellis regiis, ad donationem domini regis, jure corone sue spectantes, cum vacaverint, exceptis decanatibus in hujusmodi capellis regiis, durante vigore litterarum eis de protectione et defensione regni predicti ut premittitur confectis, 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 optinendum, 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 dicti protectoris et defensoris pro tempore existentium, et ceterorum dominorum de consilio dicti domini regis, de tempore in tempus, cum vacaverint, sint, cedant, et pertineant; exceptis beneficiis ad dispositionem, tam cancellarii Anglie ratione officii sui, quam thesaurarii Anglie ratione officii sui, spectantibus. 25. Be it remembered that whereas the lord king, with both the assent and advice of the lords spiritual and temporal and the assent of the commons of the realm of England assembled in the present parliament, has by his letters patent ordained and appointed his dearest uncle John, duke of Bedford, who is now overseas, protector and defender of the aforesaid realm and the English church and also his chief councillor, and that the same duke of Bedford is and is named protector and defender of the said realm and the said lord king's chief councillor by and according to the force, form and effect of a certain act made and agreed in the said parliament on the day of the date of the aforesaid in the same parliament; and in addition the same lord king has, with the aforesaid assent and advice, similarly ordained and appointed in the absence of the aforesaid duke of Bedford his dearest uncle Humphrey, duke of Gloucester, who is now present in the aforesaid realm, protector and defender of the aforesaid realm and church and his chief councillor; willing that the same duke of Gloucester shall be and be named protector and defender of the said realm and his chief councillor by and according to the force, form and effect of the abovesaid act: the aforesaid lord king, considering the various labours which the aforesaid dukes are likely to undertake by reason of the foregoing, and wishing equally to honour their persons with gracious honours and favours, with the aforesaid advice and assent has willed, granted and ordained that both the aforesaid duke of Bedford, as often as and whenever he himself shall have assumed the aforesaid commission, and has actually exercised and taken possession of it; and the aforesaid duke of Gloucester, as often as and whenever he himself has held and exercised that commission, may appoint to the vacant offices of foresters, park-keepers and keepers of warrens in the realm of England and parts of Wales, in the gift of the aforesaid lord king, as pertaining to his crown, under the following form: that is, that whenever any of the aforesaid offices fall vacant in future, either of the aforesaid dukes having and exercising the commission of this position of protection and defence may nominate a suitable person for the same office, and then notify the said lord king's keeper of the privy seal at the time under his signet; the latter will be bound thereupon to have from the chancellor of England or the keeper of the great seal at the time letters under the privy seal for such an office in due form during the king's pleasure; provided always that any person obtaining any such office in future at the nomination of either of the aforesaid dukes, by virtue [col. b] of the present act, by letters patent of the lord king, shall remain in that office peacefully according to the effect of those letters, without removal from the same, unless they are removed from the same by the lord king by the advice of the lords of his council by virtue of reasonable cause having been declared and proved before them. Also the same lord king, by the aforesaid advice, consent and reason, has willed, granted and ordained that either of the aforesaid dukes, for the time that they shall hold and exercise that commission of the aforesaid protection and defence, may nominate suitable persons to any parish churches valued from 20 marks up to the value of 30 marks inclusive, and also to all prebends in royal chapels belonging to the lord king's gift by right of his crown when they are vacant, except for deaneries in such royal chapels, during the force of letters made to them for the protection and defence of the aforesaid realm, as mentioned above, and then notify the said lord king's keeper of the privy seal at the time under his signet; the latter will be bound thereupon to have from the chancellor of England or the keeper of the great seal at the time letters made under the privy seal for such churches and prebends in the aforesaid form; together with nominations to, and exchanges and ratifications of the aforesaid churches and prebends; however, other higher, unspecified offices, prebends and benefices, and the aforesaid deaneries when vacant, which belong to the gift or presentation of the lord king, shall be, remain and pertain to the patronage of the aforesaid lord king with the advice of the said protector and defender at the time and the other lords on the council of the said lord king from time to time; except for benefices belonging to the patronage of both the chancellor of England by reason of his office and the treasurer of England by reason of his office.
De la nomination et poair des seignurs conseillers assistentz. Concerning the nomination and power of the lord councillors who shall assist.
26. Fait assavoir, qe apres ceo qe le roi nostre soverain seignur, del assent et advis de les seignurs espirtuelx et temporelx, esteantz en ceste parlement, et auxi de la commune d'Engleterre assemblez en la mesme, avoit ordeinez et constitut le puissant prince Humfrey duc de Gloucestre son uncle, protectour et defensour de les roialme et esglise d'Engleterre, et son principal conseillour, en l'absence del excellent prince Johan duc de Bedeford, uncle auxi a nostre dit soverain seignur, a avoir et occupier tielx protection et defens, soutz certein fourme en ceste secounde proschein acte precedent especifiez, a la requeste de la dite commune furent, par l'advis et assent de trestoutz les seignurs avantditz, nomez et eslutz certeins persones d'estate sibien espirtuelx come temporelx, pur conseillers assistentz a la governance, les nons des queux persones escriptz en une petit cedule lueez overtement en ceste parlement cy ensuent: 26. Be it remembered that afterwards our sovereign lord the king, with the assent and advice of the lords spiritual and temporal assembled in this parliament, and also of the commons of England assembled in the same, has ordained and appointed the mighty prince Humphrey, duke of Gloucester, his uncle, protector and defender of the realm and the church of England and his chief councillor in the absence of the excellent prince John, duke of Bedford, also uncle of our said sovereign lord, to hold and occupy such protection and defence under a certain form specified in this above preceeding second act, at the request of the said commons, by the advice and assent of all the aforesaid lords, certain persons of the estate both spirtual and temporal were nominated and elected as councillors to assist with the governance, the names of which persons, written on a small schedule publicly read in this parliament, follow here:
[p. iv-176]
[col. a]
27. Et fait auxi assavoir qe mesmes les persones issint nomez et eslutz conseillers assistentz, puis cell nomination et election, condescenderent emprendre tiele assistence a la governance, en manere et fourme contenuz en une cedule de papire escript en Englois, contenaunt sibien toutz lours nons come cynk especialx articles baillee en ceo mesme parlement par mesmes les persones nomez conseillers assistentz, de la quell cedule le tenure cy ensuit: 27. And be it also remembered that the same persons thus named and elected assisting councillors, following that nomination and election, agreed to undertake such assistance with the governance in the manner and form contained on a paper schedule written in English which contained both all their names and five special articles delivered in this same parliament by the same persons named assistant councillors, the tenor of which schedule follows here:
28. The which lordis abovesaid ben condescended to take it up on hem in the manere and fourme that sueth. First, for asmuche as execution of lawe and kepyng of pees, stant miche in justice of pees, shirrefs, and eschetours, the profits of the kyng, and the revenuz of the roialme ben greetly encresced, or anientisched by coustumers, countroullours, poisours, sercheours, and all suche other officers; therfore the same lordes wol and desireth, that suche officers, and all oþre, be maad by advys and denomination of the said lordes, saved alweys and reserved to my lordes of Bedford, and of Gloucestr', all that longeth unto hem by a special act maad in parlement; and to the busschop of Wynchestre that, þat he hath graunted hym by oure souverein lord that last was, of whois soule God have mercy, and by auctorite of parlement confermed. 28. Which abovesaid lords have agreed to take it upon themselves in the manner and form which follows. First, seeing that the execution of the law and the keeping of the peace relies mainly on the justices of the peace, sheriffs and escheators, the profits of the king and the revenues of the realm have been greatly increased or reduced by customs officers, controllers, weighers, searchers, and all other similar officers; therefore the same lords will and desire that such officers, and all others, be appointed by the advice and nomination of the said lords, saving always and reserving to my lords of Bedford and of Gloucester all that pertains to them by a special act made in parliament; and to the bishop of Winchester what was granted to him by our last sovereign lord, on whose soul may God have mercy, and confirmed by the authority of parliament.
29. Item, that all maner wardes, mariages, fermes, and other casueltees that longeth to the coroune, whan thei falle, be leeten, sold, and disposed by the said lordis of the counseill, and that indifferently atte the derrest, with oute favour or eny maner parcialtee or fraude. 29. Item, that all manner of wardships, marriages, farms and other casualties that pertain to the crown, when they occur, shall be let, sold and disposed of by the said lords of the council, and at the highest price, without favour or any kind of partiality or fraud.
[memb. 9] This membrane has been numbered 12 on the roll.
30. Item, that if eny thyng shold be enact doon by counseill, that six, or foure at the lest, withoute officers of the said counseill, be present; and in all grete maters that shall passe by counseill, that all be present, or ellys the more partye; and yf it be suche matere that the kyng hath been accustumed to be conseilled of, that than the said lordes procede not ther ynne withoute þadvise of my lordys of Bed' or of Glouc'. 30. Item, if anything should be enacted by the council, that six, or at least four of them shall be present, not counting the officers of the said council; and that on all important matters that shall be dealt with by the council, all shall be present, or at least the majority; and if it shall be such a matter as the king has been customarily consulted about, that then the said lords shall not proceed thereupon without the advice of my lords of Bedford or of Gloucester.
31. Item, for asmiche as the two chaumberlains of thescheqer ben ordenned of old tyme to countrolle the receptes and the paiements in eny maner wyse maad; the lordys desireth, that the tresourer of England beyng for the tyme, and either of the chamburlains, have a keye of that that shold come in to the receit, and that they be sworne to fore my lord of Gloucetre, and all the lordis of the counseill, that for no frendship they schul make no man privee, but the lordis of the counseill, what the kyng hath withynne his tresour. 31. Item, seeing that the two chamberlains of the exchequer have been appointed since ancient times to control the receipts and the payments made in any way; the lords desire that the treasurer of England at the time and either of the chamberlains shall have a key for what comes into the receipt, and that they shall be sworn before my lord of Gloucester and all the lords of the council that they will not, out of friendship towards any man, divulge what the king has in his treasury, save only to the lords of the council.
32. Item, that the clerc of the counseill be charged and sworn to treuly enacte, and write daylich, the names of all the lordis that shul be present fro tyme to tyme, to see what, howe, and by whom, eny thyng passeth. 32. Item, that the clerk of the council shall be charged and sworn to enact truly and write down each day the names of all the lords who are present from time to time, to see what is passed, how and by whom.
33. Et puis ceo, qe toutz les seignurs suisditz, leeuz devaunt eux les ditz articles en parlement, et par eux bien entenduz, furent a yceux pleinement assentuz et accordez; fuit mesme la cedule de papire, par certeins de mes honurables seignurs du parlement, de part le roi, et toutz le seignurs du parlement, mandez et baillez a l'avantdite commune, pur estre assertez ent de lour entent. Sur quoi [col. b] en apres la dite commune de ceo avisee, et par report de pluseurs de mes reverentz et honurables seignurs fait en le dit parlement ceste partie, de part mesme la commune, reenmercierent ent trestoutz les seignurs avantditz, et q'ils feurent bien contentz de toute la contenue en la dite cedule, ovesqe ceo qe a le primer article de les ditz cynk articles, fuisse addez une clause, de purveu, quell mes ditz seignurs, reportours de part la dite commune cell partie, baillerent de part eux en parlement, en une cedule de parchemyn escript en Franceis, et dont le tenure cy ensuit: 33. And afterwards all the aforesaid lords, having read the said articles before them in parliament, and fully understanding them, fully assented and agreed to them; the same paper schedule was handed over and delivered to the aforesaid commons by certain of my honourable lords of parliament, on behalf of the the king and all the lords of parliament, so that they might be informed of their intention. Whereupon, [col. b] after the said commons had been advised of this by reports made by many of my reverend and honourable lords in the said parliament on this matter, all the aforesaid lords were thanked by the same commons, who said that they were fully satisfied with all that was contained on the said schedule, except that a clause of provision should be added to the first article of the said five articles, which my said lords, reporting back from the said commons, delivered on their behalf in parliament on a schedule of parchment written in French, the tenor of which follows here:
'Purveu toute foitz qe les seignurs et autres persones et officers, qe ont estate et auctorite, ascuns en enheritance, ascuns a terme de vie, et autrement, de faire et constituer, par vertue de lour offices, officers, deputes, et ministres, les queux appartenent a eux affaire de droit, et come annexez a eux et a lour offices, d'auncien temps accustumez et usez, ne soient restreintz ne prejudiciez de ceo qe a eux appartient, par colour de ceste ordinance ou appointement. A la quell cedule de parchemyn, et a la contenue en ycell, leeuz devaunt les ditz seignurs en parlement, furent mesmes les seignurs bien agreez et pleinement assentuz. Provided always that the lords and other persons and officers who have rank and authority, some by inheritance, some for a term of life, and otherwise, to appoint and assign, by virtue of their offices, officers, deputies and officials, which belongs to them to be made by right, and as connected to them and to their offices, accustomed and used from ancient times, shall not be prevented or prejudiced of what pertains to them by pretext of this ordinance or appointment. Which parchment schedule and the contents of the same having been read before the said lords in parliament, they were fully agreed and assented by the same lords.
Pur la petition affaire parentre le roy et Dame Anne contesse de Stafford, des fees et advoesons en grosse del enheritance de le countee de, Hereford, Essex et Norhampton'. Concerning the partition to be made between the king and Lady Anne, countess of Stafford, concerning the fees and advowsons included within in the inheritance of the earl of Hereford, Essex and Northampton.
34. Item fait assavoir q'une supplication fuist baillez en ceste parlement, par les communes esteantz en le mesme, pur Dame Anne countesse de Stafford, file et heir a Alianore, une des files et heirs Humfrey de Bohun nadgairs count de Hereford, Essex, et Norhampton, et constable d'Engleterre, dont le tenure cy ensuit: 34. Item, be it remembered that a petition was delivered in this parliament by the commons assembled in the same on behalf of Lady Anne, countess of Stafford, daughter and heir of Eleanor, one of the daughters and heirs of Humphrey de Bohun, late earl of Hereford, Essex, and Northampton, and constable of England, the tenor of which follows here:
A nostre tressoverain seignur le roy, et seignurs espirtuelx et temporelx de ceste present parlement, supplie Anne countesse de Stafford, file et heir a Alianore, une des files et heirs Humfrey de Bohun nadgairs count de Hereford, Essex, et Norhampton, et constable d'Engleterre: qe come al parlement tenuz a Westm', le second jour de May, l'an du regne le roi Henry nadgairs roi d'Engleterre pier nostre seignur le roi q'ore est .ix. me , (fn. iv-169-116-1) purpartie estoit faite parentre le dit nadgairs roi, fitz et heir a Marie l'autre des files et heirs de dit nadgairs count, et la dite suppliante, de toutz chastelx, manoirs ove lour appurtenances et membres, et auxi des hundredes, terres, tenements, mareis, fees des countees, courts, viewes, forestes, parks, bois, et reversions, ove les appurtenaunces, en Engleterre et en Gales; ensemblement ove fees des chivalers, et avoesons des esglises, abbeiees, prioriees, vicariees, hospitalx, chapelx, et autres benefices de seint esglise; et de toutz autres choses qeconqes as ditz chastelx, manoirs, terres, tenements, et autres possessions, ou a ascun de eux, en ascun manere appurtenantz, appendantz, ou regardantz; des queux le dit nadgairs count, aiel du dit nadgairs roi, et du dite suppliante, fuist seisi, sibien en demesne, come en reversion, a temps de sa moriant; forspris les fees des chivalers, et avoesons des esglises, abbeiees, prioriees, vicariees, hospitalx, chapelx, et autres benefices de seinte esglise, de dite heritage adonqes esteantz en groos, sicome en deux rolles de mesme la purpartie, enactiez de record en le dit parlement, est contenuz pluis au plein; et les queux fees et avoesons, ensi esteantz en groos, apres la dite purpartie, demurrerent en les mains du dit nadgairs roi tout sa vie, et unqore demurront en les mains nostre seignur le roi q'orest a cause qe null purpartie ent fuist faite en la vie de mesme le nadgairs roi, et auxi toutz les chartres, muniments, et evidences, touchantz ambedeux parties del purpartie avauntdite, sont en la garde de Johan Leventhorp, q'est del counseil del duchee de Lancastre; quell Johan rien voet deliverer des ditz evidences a dite suppliante, sanz commandement del treshonurable counseil nostre seignur le roi. Et auxi, combien sur mesme la purpartie, les chastell et manoir de Brekenok, ove les membres, entre autres furent assignez al purpartie du dite [p. iv-177][col. a] suppliante, sicome appiert par les ditz rolles du dite purpartie; des queux chastell et manoir les seignuries de Penkethlyn, Brenles, Langoit, et Canturcelly en Gales, furent membres, a temps du dite purpartie, et toutditz a devaunt; nientmeins mesmes les seignuries de Penkethlyn, Brenles, Langoit, et Canturcelly, continuelment puis la dite purpartie, ont demurrez seisez en les mains le dit nadgairs roi, et en les mains nostre seignur le roi q'orest pur ceo q'est pretenduz par le counseil del dit duchee de Lancastre, mesmes les seignuries de Penkethlyn, Brenles, Langoit, et Canturcelly, a temps de dite purpartie, estre seignuries en groos, et nient membres des ditz chastell et manoir de Brekenock. To the king our most sovereign lord and the lords spiritual and temporal in this present parliament, Anne, countess of Stafford, daughter and heir of Eleanor, one of the daughters and heirs of Humphrey de Bohun, late earl of Hereford, Essex and Northampton, and constable of England, beseeches: whereas at the parliament held at Westminster on 2 May, in the ninth year of the reign of King Henry late king of England, (fn. iv-169-116-1) father of our present lord the king, purparty was made between the said late king, son and heir of Mary, the other of the daughters and heirs of the said late earl, and the said supplicant of all the castles, manors with their appurtenances and dependencies, and also of the hundreds, lands, tenements, marshes, fees of counties, courts, views, forests, parks, woods, and reversions, with their appurtenances, in England and in Wales; together with knights' fees, and advowsons of churches, abbeys, priories, vicarages, hospitals, chapels and other benefices of holy church; and of all other things howsoever pertaining, appendant or belonging in any way to the said castles, manors, lands, tenements and other possessions, or to any of them; of which the said late earl, the grandfather of the said late king and of the said supplicant, was seised both in demesne and in reversion at the time of his death; except for the knights' fees and advowsons of churches, abbeys, priories, vicarages, hospitals, chapels, and other benefices of holy church which were then completely included in the said inheritance, as is more fully contained on two rolls of the same purparty enacted on record in the said parliament; and which fees and advowsons after the said purparty thus remained completely in the said late king's hands all his life, and now remain in our present lord the king's hands because no purparty was thus made of them in the lifetime of the same late king, and also all the charters, documents and records touching both parties of the aforesaid purparty are in the keeping of John Leventhorp, who is on the council of the duchy of Lancaster; which John is unwilling to deliver the said records to the said supplicant without the command of the most honourable lord the king's council. And also how, upon the same purparty the castle and manor of Brecon, with its dependencies, among others, were assigned to the share of the said [p. iv-177][col. a] supplicant, as is clear by the said rolls of the said purparty; of which castle and manor the lordships of Penkelly, Bronllys, Llangoed, and Cantriff in Wales were dependencies at the time of the said purparty, and always before; nevertheless the same lordships of Penkelly, Bronllys, Llangoed, and Cantriff have, since the said purparty, continuously remained seised in the hands of the said late king and in the hands of our present lord the king, because it is claimed by the council of the same duchy of Lancaster that the same lordships of Penkelly, Bronllys, Llangoed, and Cantriff were discrete lordships at the time of the said purparty, and not dependencies of the said castle and manor of Brecon.
Et a cause qe null especial mencion fuist faite d'icell en la dite purpartie, a tresgrande perde et damage du dite suppliante, please a l'hautesse de nostre dit tressoverain seignur le roi, et a les tressages discretions des ditz seignurs de ceste present parlement, d'ordeigner par auctorite de mesme le parlement, covenable voie pur la partition affaire, parentre nostre seignur le roi, et la dite suppliante, des ditz fees et avoesons esteantz en groos. Et pur la severance des ditz chartres, evidences, et muniments, queux touchent severalment les dites purparties, et auxi pur la manere de la saulf garde des chartres, evidences, et muniments, touchantz en comune de mesmes les purparties. Et auxi pur la discution et determination de les claym et pretence suisditz, c'estassavoir, le quell les ditz seignuries de Penkethlyn, Brenles, Langoit, et Canturcelly, a temps de dite purpartie, furent seignuries en groos, ou autrement membres et parcelles des ditz chastell et manoir de Brekenok. Et en outre par mesme l'auctorite d'ordeigner, q'en cas qe determine soit, qe les ditz seignuries de Penkethlyn, Brenles, Langoit, et Canturcelly, ou ascun parcell d'icell, furent ou fuist, au temps du dite purpartie, membres ou membre des ditz chastell et manoir de Brekenok, qe adonqes la dite suppliante puisse entreer, enjoier, et reteigner a luy et a ses heirs, a sa dite purpartie, mesmes les seignuries ou parcell d'icelles, queux serront ou serra ensi determinez ou determine, membres ou parcell des ditz chastell et manoir de Brekenok, selonc l'effect et forme del dite primer purpartie; et auxi q'ele eit toutz les issues et profitz ent prisez puis le temps del dite primer purpartie, et tielx et tantz briefs desoutz le graunde seal, ou privee seal nostre seignur le roi, pur lever mesmes les issues, come semblera a dite suppliante et son counseill meultz bosoignables en ceste partie. Et en cas qe determine soit, qe mesmes les seignuries ou ascun parcell d'icell, a temps de dite primer purpartie, furent en groos, et nient membres des ditz chastell et manoir de Brekenok; adonqes d'ordeigner voie pur la partition ent affaire, parentre nostre dit seignur le roi, et la dite suppliante, et qe ele eit toutz les issues et profits provenauntz puis le temps du dite primer purpartie, de tout ceo q'ent serra assigne a la purpartie de dite suppliante, et auxi tielx et atantz des briefs desoutz le graunde seal, ou privee seal nostre seignur le roi, pur lever mesmes les issues et profitz, come semblera a dite suppliante et a son counseill meultz bosoignables, et ceo pur Dieu et en oevere de charite. Considerant, qe les feoffes du dit Humfrey de Bohun, lesserent a Johanne de Bohun, jadis countesse de Hereford, qe Dieux assoille, manoirs, terres, et tenements, a la value de cent livers par an, a tenir a dite countesse pur sa vie, issint qe apres la mort de dite countesse, mesmes les manoirs, terres, et tenements, remaindroient as ditz Marie et Alianore, files et heirs du dit count, pur toutz jours: quell Marie morust vivant la dite Alianore, par qe la reversion des mesmes les manoirs, terres, et tenements, accrust a dite Alianore, par la surviver; la quele Alianore morust, par qe la reversion des ditz manoirs, terres, et tenements, descendist a dite suppliante, come a file et heir la dite Alianore; et nient obstant cell descent, la dite suppliante, al plesir du dit nadgairs roi, pier nostre seignur le roi q'orest, mist mesmes les manoirs, [col. b] terres, et tenements, en purpartie, ensemblement ove le remenaunt de mesme l'enheritance. And because no special mention was made of this in the said purparty, to the very great loss and damage of the said supplicant, may it please the highness of our most sovereign lord the king and the most wise discretions of the said lords in this present parliament to ordain, by the authority of the same parliament, suitable means for the partition to be made between our lord the king and the said supplicant of the said complete fees and advowsons. And for the separation of the said charters, records and documents which separately concern the said divisions, and also for the manner of the safe-keeping of the charters, records and documents touching in common the same dvisions. And also for the discussion and determination of the aforesaid claim and allegation, namely whether the said lordships of Penkelly, Bronllys, Llangoed, and Cantriff were discrete lordships at the time of the said purparty, or were otherwise dependencies and part of the said castle and manor of Brecon. And to ordain in addition by the same authority that in case it is determined the said lordships of Penkelly, Bronllys, Llangoed, and Cantriff were dependencies, or any part of them was a dependency, of the said castle and manor of Brecon at the time of the said purparty, that then the said supplicant might enter, enjoy, retain to her and to her heirs, to her said share, the same lordships or part of them which will be thus determined dependencies or part of the said castle and manor of Brecon, according to the effect and form of the said first purparty; and also that she might have all the issues and profits thus taken since the time of the said first purparty, and as many and such writs under our lord the king's great seal or privy seal as will seem most necessary to the said supplicant and her counsel in this regard in order to raise the same issues. And in case it is determined that the same lordships or any part of them were discrete at the time of the said first purparty, and not dependencies of the said castle and manor of Brecon, then to ordain a means for the partition of them to be made between our said lord the king and the said supplicant, and that she might have all the issues and profits arising since the time of the said first purparty of all that which will be assigned to the share of the said supplicant, and also as many and such writs under our lord the king's great seal or privy seal as will seem most necessary to the said supplicant and to her counsel in order to raise the same issues and profits, and this for God and by way of charity. Considering that the feoffees of the said Humphrey de Bohun, leased to Joan de Bohun, late countess of Hereford, whom God absolve, manors, lands and tenements to the value of £100 a year, to be held to the said countess for her life, on such terms that after the death of the said countess the same manors, lands and tenements should remain forever to the said Mary and Eleanor, daughters and heirs of the said earl: which Mary died during the lifetime of the said Eleanor, whereby the reversion of the same manors, lands and tenements fell to the said Eleanor as the survivor; which Eleanor died, whereby the reversion of the said manors, lands and tenements descended to the said supplicant as to the daughter and heir of the said Eleanor; and notwithstanding this descent, the said supplicant, at the pleasure of the said late king, father of our present lord the king, put the same manors, [col. b] lands and tenements in purparty, together with the rest of the same inheritance.
A la quele supplication leeu en mesme le parlement, et bien entendu, respondu fuit en le manere come cy ensuit: To which petition having been read and fully understood in the same parliament it was answered in the manner which follows here:
Soit ceste supplication, ove la respons cy ensuant, apres ceo q'eles soient enrollez en le roll d'icell parlement, mandez a le grande conseil du roi. Et qe sur ceo les seignurs de mesme le conseil pur le temps esteantz presentz en le mesme, aient plein poair par auctorite de ceo mesme parlement, d'ordener pur et de les partition affaire, et discutions, determinations, et toutz les autres choses et matiers en la dite supplication especifieez, et les circumstances d'iceles, selonc lour bones advises et discretions. Let this petition, with the answer following here, after their enrolment on the roll of this parliament, be sent to the king's great council. And that the lords of the same council present at the time in the same shall have full power by the autority of this same parliament to ordain for and on the partition to be made, and discussions, determinations, and all other things and matters specified in the said petition, and the circumstances of them, according to their good advice and discretions.
[memb. 8] This membrane has been numbered 11 on the roll.
Pur Bartholomewe Goldbeter touchant l'eschange en Loundres. On behalf of Bartholomew Goldbeater touching the exchange in London.
35. Fait [assavoir, qe une supplication fuit baille] en ceste parlement, pur un Bartholomewe Goldbeter, citezein de Loundres, dont le tenure cy ensuit: 35. Be it remembered that a petition was delivered in this parliament on behalf of one Bartholomew Goldbeater, citizen of London, the tenor of which follows here:
A nostre soverain seignur le roi, et as seignurs espirtuelx et temporelx en cest present parlement, supplie humblement Bartholomewe Goldbeter, citezein de Loundres: qe come le tresnoble roi Henry, [piere nostre seignur le roi] q'ore est, qe Dieu assoille, par endenture faite desoutz son graunde seal parentre luy et le dit suppliant, fist et establie mesme le suppliant [mestre et overour de] ses moneies d'or et d'argent en la Toure de Loundres, et en la ville de Caleis; par quelle endenture accordee fuit, qe le dit [nadgairs] roi, avereit de chescune livere de pois du dite moneie d'ore issint faite, .iij. s. .vi. d. par nombre; et le dit suppliant averoit pur son overaigne [qe est] d'or amenusment de pois pur ses dispenses, et toutz autres maners des costages, savez les gages de gardein, et autres ministres du roi de la place; de chescune livere de pois du dite [moneie] d'or .xviij. d. par nombre, et q'il serroit ent paie parmy la main du dit gardein. Et auxi qe mesme le gardein prendroit [devers luy, de chescun] livere [de argent] de pois issint fait .viij. d. de pois, qe ferroit .xij. d. par nombre, dount il paieroit al dit suppliant pur son overaigne, pur chescune livere de pois coigner [...] amenusment de pois et toutz autres costages outre les gages suisditz .ix. d. par nombre, et le remenant il tendroit < en sa > garde, a l'oeps du dit nadgairs roi; les queux endenture et covenants sont ore terminez et anientez par la mort mesme le nadgairs roi: apres qi mort le dit suppliant fuit chargee par le treshonure counseill nostre seignur le roi q'ore est, pur occupier avant son dit office de mestre et overour des ditz moneies en les lieux avauntditz, parnant ent selonc la fourme et tenure du dite endenture. To our sovereign lord the king and to the lords spiritual and temporal in this present parliament Bartholomew Goldbeater, citizen of London, humbly petitions: whereas the most noble King Henry, the father of our present lord the king, whom God absolve, by an indenture made under his great seal between him and the said supplicant, made and appointed the same supplicant master and maker of his gold and silver coin in the Tower of London and in the town of Calais; by which indenture it was agreed that the said late king should have in number 3 s. 6 d. from every pound weight of the said gold coin thus made; and the said supplicant should have for his work that gold lost from the weight for his expenses and all other kinds of costs, save for 18 d. for the wages of the warden and the king's other officials of the place from every pound weight of the said gold coin in number, and that it should be paid by the hands of the said warden. And also that the same warden should take from him 8 d. in weight from each pound weight of silver thus made, which will make 12 d. in number, from which he will pay 9 d. to the said supplicant for his work, for every pound weight coined [...] lost from the weight and all other costs besides the aforesaid wages in number, and he shall keep the rest in his possession for the use of the said late king; which indenture and agreement have now ended and been terminated by the death of the same late king: after whose death the said supplicant was charged by the most honourable council of our present lord the king to reoccupy his said office of master and maker of the said coin in the aforesaid places, taking for this according to the form and tenor of the said indenture.
Please a voz tressages discretions de considerer, qe les ditz covenants furent trope durez et estreitz au dit suppliant, a cause de la graunde et importable perde, q'il ad sustenu devant ses heures, en le gast, amenusment de pois, en le foundure d'or et d'argent, a luy apportez pur estre foundez et coignez as ditz lieux, et qe toutz les maistres et governours des ditz moneies devaunt ces heures, ont pris et ewe de ceux qe ount portee or et argent as ditz lieux pur coigner, oultre les ditz .xviij. d. de la livere de la moneie d'or, et .ix. d. de la moneie d'argent; c'est assavoir, pur la dite gaste en le dit foundure, de chescun livere d'or .x. d., et en le gaste de foundure de une livere d'argent .iij. d.; et auxi qe les ditz .xviij. d. prisez pur la livere d'or, et .ix. d. pur la livere d'argent, sont assetz petitz pur les gages des overours desoutz le dit suppliant, et ses clerkes et servaunts en son dit office, ses costages de carbons, fewe, et instruments bosoignables a l'overaigne suisdite, et sur ceo en ceste present parlement d'ordeigner, qe chescun merchant ou autre persone, qe portera as lieux suisditz or ou argent, en masse, plate, ou coyne, pur le chaunger; qe le foundure d'icell soit fait en presence de la portour d'icelle, et en la presence d'assaiours, ordeignez illoeqes, et qe le perde et damage [p. iv-178][col. a] qe aviendra par le gaste et amenusment du pois en tiell foundure, soit gettu sur tiell merchant, ou tiell portour pur les ditz eschaunges faire, selonc la quantite et rate del gaste et perde, qe aviendra par tiell foundure, quell quantite soit ajuggee par les discretions des ditz assaiours; ou qe tielx merchants ou portours d'or et d'argent accordent resonablement ove le dit suppliant pur gree faire a luy, pur le gaste et anientissement d'icelle; et qe tiele gaste ne soit desormes gettu sur le dit suppliant; ou de considerer, qe le dit suppliant ne poet autrement governer son dit office, sanz son finall anientissement, et sur ceo q'il puisse estre deschargez del office suisdit, sanz avoir indignation du roi nostre dit soverain seignur, ne des seignurs suisditz, en oevre de charitee. May it please your most wise discretions to consider that the said agreements were too onerous and restrictive on the said supplicant because of the great and unbearable loss which he has sustained in the past in the waste, loss of weight, in the casting of gold and silver brought to him in order to be cast and coined at the said places, and that all the masters and controllers of the said coin in the past have taken and had more than the said 18 d. for the delivery of the said gold coin and 9 d. for the silver coin from those who have brought gold and silver to the said places to be coined; namely, 10 d. for the said waste in the said casting of every pound of gold, and 3 d. for the waste in casting one pound of silver; and also that the said 18 d. taken from the pound of gold and 9 d. from the pound of silver are insufficient for the wages of the workers under the said supplicant, and his clerks and servants in his said office, his expenses for charcoal, furnace, and necessary instruments for the aforesaid work, and thereupon to ordain in this present parliament that every merchant or other person who will bring gold or silver to the aforesaid places in bullion, plate, or coin, in order to be changed, that the casting of it shall be done in the presence of he who brought it and in the presence of the assayers appointed there, and that the loss and damage [p. iv-178][col. a] which shall occur through the waste and loss of weight in such casting shall be placed upon such a merchant or such carrier for making the said exchanges according to the quantity and amount of the waste and loss which shall occur by such casting, which quantity shall be adjudged by the discretions of the said assayers; or that such merchants or carriers of gold and silver shall come to a reasonable agreement with the said supplicant for the waste and loss of it; and that such waste shall not fall upon the said supplicant in future; or to consider that the said supplicant is unable otherwise to fulfil his said office, without his total ruin, and thereupon that he might be discharged of the aforesaid office, without incurring the indignation of the king our said sovereign lord, nor of the aforesaid lords, by way of charity.
A la quelle supplication leeu en le dit parlement, et bien entendue, respondue fuit en le dit parlement, par assent de la commune d'Engleterre esteant en le mesme, soutz la fourme cy ensuant: Which petition having been read and fully understood in the said parliament, by the assent of the commons of England assembled in the same, it was answered under the form following here:
Combien ordeinee fuit, qe celuy qe soit mestre de le mynte, ne tiendra my l'eschange de roi; nientlemains le roi voet, par assent des seignurs et communes assemblez en ceste parlement, qe le mestre del mynte a la Tour de Loundres q'orest, et qi pur le temps serra, puisse avoir et tenir l'eschange du roi en la citee de Loundres, tanqe a le parlement proscheinement a tenir, par ensi qe mesme le mestre tout ceo qe viendra a l'eschange en plate, ou en masse, ferra envoier a le mynte pur y estre cuniez, de temps en temps, tanqe a le suisdit parlement, preignant tant soulement pur l'eschange del noble en le dit eschaunge .i. d. ob'. (fn. iv-169-127-1) Although it was ordained that he who shall be master of the mint will not hold the king's exchange, the king nevertheless wills by the assent of the lords and commons assembled in this parliament that the present master of the mint at the Tower of London, and any in future, may have and hold the king's exchange in the city of London until the next parliament to be held, provided that the same master will send all that which will come to the exchange in plate or in bullion to the mint in order to be coined there from time to time until the aforesaid parliament, taking only 1 d. halfpenny for the exchange of one noble in the said exchange. (fn. iv-169-127-1)
Pur ceux q'ont endentez ovesqe le roi Henry quint en ses guerres. On behalf of those who have indented with King Henry the fifth in his wars.
36. Item, fait a remembrer q'une autre petition fuit baillez en ceo mesme parlement, dont le tenure cy ensuit: 36. Item, be it remembered that another petition was delivered in this same parliament, the tenor of which follows here:
A nostre soverain seignur le roi, supplient humblement toutz les seignurs, et capitaignes qe sont en vie, qe ount endenteez ovesqe nostre soverain seignur le roi vostre piere, qe Dieu assoille, en toutz ses guerres, et les executours de ceux qe sont a Dieu commandez, qe avoient endenteez ovesqe nostre dit soverain seignur le roi: qe vous please grauntier, par auctorite de ceste present parlement, qe les tierces, et tierce de tierce de tout manere de gaignes, gaigneez par voie de guerre, au dit nadgairs nostre seignur le roi apparteignantz jour de son moriant, sibien des prisoners prisez, come d'autres gaignes de guerre, purront estre deductz et rebatuz par loial accompt en vostre escheqer, sur les sommes des gages a eux duez par nostre dit soverain seignur le roi vostre piere, qe Dieu assoille, selonc l'effect de les endentures ent faitz; purveu tout foitz, qe de ceo qe sur la dit accompte soit trovee due par les ditz accomptantz, outre les gages suisditz, de ceo par eux soit fait paiement sur le dit accompte. Et apres celle accompte et gree faitz, qe les ditz suppliantz, lour heirs, executours, et terre tenaunts, soient ent quitez et deschargez pur toutz jours, par auctorite de ceste present parlement. To our sovereign lord the king all the lords and captains who are living who have indented with our sovereign lord the king your father, whom God absolve, in all his wars, and the executors of those who are commended to God who have indented with our said sovereign lord the king, humbly beseech: may it please you to grant, by the authority of this present parliament, that the thirds and thirds of thirds of all kinds of gains won by means of war which appertained to our said late lord the king on the day of his death, whether from prisoners taken or from other rewards of war, should be deducted and rebated by faithful account in your exchequer, out of the sums owed to them for wages by our said sovereign lord the king your father, whom God absolve, according to the effect of the indentures made thereupon; provided always that of what is found due on the said account by the said accountants in addition to the aforesaid wages, payment shall be made by them on the said account. And after that account and payment has been made, that the said supplicants, their heirs, executors and land-tenants shall be quit and discharged thereupon forever by the authority of this present parliament.
A la quelle petition leeu en le dit parlement, et bien entenduz, respondue fuit en le dit parlement, par assent < des seignurs > et de la commune d'Engleterre esteantz en le mesme, en la fourme q'ensuit: To which petition having been read and fully understood in the said parliament it was answered in the said parliament by the assent of the lords and of the commons of England assembled in the same, in the form which follows:
Soit il come est desireez par la petition, ovesqe ceo qe toutz yceux as queux le dit roi le piere avoit gagez joialx, ou autres choses, soient devaunt le conseil du roi, devant le feste de Seint Johan le Baptire proschein avenir, ovesqe mesmes les choses et joialx, et en cas q'ils ne soient satisfiez alors de lour duitees celles parties, ou dedeins un dymy an apres mesme le feste, q'adonqes paiez au roi par eux, tout ceo qe mesmes les choses et joialx soient trovez de greindre value q'ils ne furent my misez en gage, aient ils en pees, et sanz empeschement du roi, apres le suisdit dymy an, toutz ycelx joialx et choses, s'ils ne soient aunciens joialx de la corone, et q'ils, et lour heirs, terre tenaunts, et executours, et chescun de eux, soient et soit de mesmes les joialx et choses, qi ne sont aunciens joialx de la corone, quitez et deschargez envers le roi, apres le dit dymy an, toutoutrement. (fn. iv-169-135-1) Let it be as it is desired by the petition, that all those to whom the said king the father has pledged jewels, or other items, shall appear before the king's council before the next following feast of St John the Baptist [24 June 1423] with the same items and jewels, and in the event that they are not be satisfied by then for the debts due to them in this regard, or that within half a year after the same feast payment has not been made by them to the king, even where the items and jewels exceed the value of their wages, they shall have in peace and without the prevention of the king after the aforesaid half year all those jewels and items unless they are former crown jewels, and that they and their heirs, land-tenants and executors, and each of them, shall be completely quit and discharged towards the king of the same jewels and items which are not former crown jewels after the said half year. (fn. iv-169-135-1)
[col. b]
D'emploier la moneie receu en eschaunge vers les parties pardela dedeins noef mois. Concerning the use of money received in exchange from regions overseas within nine months.
37. Item, une autre petition fuist baillez en le dit parlement, dont le tenure cy ensuit: 37. Item, another petition was delivered in the said parliament, the tenor of which follows here:
As tressages seignurs de ceste present parlement, item prieez soit: qe come en un estatuit, fait l'an du regne du roi Richard secounde quatorzisme, (fn. iv-169-139-1) ordeine soit, qe pur chescun eschaunge qe serra fait par marchants a la courte de Rome, ou aillours, qe les ditz marchants soient liez en la chauncellerie, d'achater deins trois mois apres le dit eschange fait, merchandises del estaple, a la value de la somme issint eschaungee, sur forfaiture d'icell; le quell estatuit en le parlement darreinement tenuz a Westm', (fn. iv-169-139-2) pur ceo qe tielx marchants n'osoient lour obliger pur observer l'effect de dit estatuit, fuit enlarge, touchant l'emploieure par noefs mois; le quell temps de noef mois unqore est trope brief pur le aisement et profit des ditz merchants, a ceo q'ils diont. It is also beseeched to the most wise lords of this present parliament: whereas in a statute made in the fourteenth year of the reign of King Richard the second (fn. iv-169-139-1) it is ordained that for every exchange which shall be made by merchants at the court of Rome, or elsewhere, that the said merchants shall be bound in the chancery to buy merchandise of the staple to the value of the sum thus exchanged within three months after the said exchange has been made, upon forfeiture of it; which statute was extended to nine months in the parliament last held at Westminster, (fn. iv-169-139-2) because such merchants did not dare to oblige themselves to observe the effect of the said statute; which period of nine months is now too short for the easement and profit of the said merchants, according to what they say.
Please a voz tressages discretions, pur le profit de roi, et pur l'aise de son poeple, grauntier et establier en ceste present parlement, qe toutz les marchants qi ferront tielx eschaunges, lour obligent en la chauncellerie pur achater merchandises del estaple, deins un an proschein ensuant apres tielx eschaunges faitz, sur peine de forfaiture dicelles; le dit estatuit fait en temps de roi Richard, ou ascun autre estatut faitz a l'encontrarie, nient obstantz. May it please your most wise discretions to grant and establish in this present parliament for the king's profit and for the ease of his people, that all the merchants who will make exchanges, shall make their obligations in the chancery to buy merchandise of the staple within one year following after such exchanges have been made, on pain of forfeiture of them; notwithstanding the said statute made in the time of King Richard, or any other statute made to the contrary.
A la quele petition leeu en parlement, et bien entendue, respondu fuit en la fourme q'ensuit: To which petition having been read and fully understood in parliament it was answered in the form which follows:
Ordeinez est et assentuz en ceste parlement, pur le profit du roi, qe toutz les marchants qi ferront eschanges a la courte de Rome, ou aillours, soient et chescun de eux soit, obligez personelment en la chancellerie du roi par reconisance, d'achater deins noef mois apres tielx eschaunges faitz, merchandises del estaple, ou autres commoditees de la terre, a la value de la somme issint eschangee, sur peine de forfaiture d'icelles, non obstant l'estatuit fait l'an du regne del roi Richard secounde quatorzisme, et qe ceste presente ordinance durera tanqe a le parlement proscheinement atenir. (fn. iv-169-142-1) It is ordained and assented in this parliament, for the king's profit, that all the merchants who will make exchanges at the court of Rome, or elsewhere, shall be, and each of them shall be, personally obliged in the king's chancery by recognizance to buy within nine months after such exchanges have been made merchandise of the staple, or other commodities of the land, to the value of the sum thus exchanged, on pain of the forfeiture of them, notwithstanding the statute made in the fourteenth year of the reign of King Richard the second, and that this present ordinance shall remain in force until the next parliament to be held. (fn. iv-169-142-1)
Pur Thomas Chaucer. On behalf of Thomas Chaucer.
38. Fait a remembrer, q'en la presence del puissant prince le duc de Gloucestre, commissair du roi a tenir ceste parlement, et de toutz les autres seignurs, sibien espirtuelx come temporelx, esteantz en le mesme, monsir le chanceller d'Engleterre, a la requeste de toutz les communes esteantz en mesme le parlement, monstra et declara illoeqes par bouche de part les ditz communes coment par certeins lettres patentz du roi Henry quarte, aiel a nostre seignur le roi q'orest, del date de quint jour de Novembre, l'an de son regne quart, faitz a son bien amee esquier Thomas Chaucer, du grante del office du chief botiller d'Engleterre, a avoir pur terme de sa vie, ovesqe fees et profits a mesme l'office duez et accustumez, auxi franchement et entierment, come ascun autre botiller devant le dit jour duement avoit et occupia, come par mesmes les lettres patentz monstrez, et bien entenduz en mesme le parlement, pluis pleinement apparuist, avoit longement occupiez et enjoiez peisiblement mesme l'office, par force de les lettres patentz suisditz, et qe sur ceo prierent les ditz communes, qe l'avauntdit Thomas fuisse recomendez a l'office avauntdit; sur quoi, les premisses considerez, accordez est et assentuz en ceo mesme parlement, et par auctorite d'icell, qe le dit Thomas eit et enjoie le dit office, selonc l'effect et l'entent del dite grante, ensi fait par le dit roi Henry le quarte, et qe les dites lettres patentz soient acceptez, ratifiez, et confermez desoutz le grande seal du roi, sanz fyn paier au roi cell partie; et qe le gardein de privee seal du roi, face lettres soutz mesme le seal au chaunceller d'Engleterre, de faire autieux lettres de confirmation au dit Thomas, del office avantdit, sanz fyn faire au roi pur les mesmes, et ceo par l'auctorite suisdite. 38. Be it remembered that in the presence of the mighty prince the duke of Gloucester, the king's commissary to hold this parliament, and of all the other lords both spirtual and temporal assembled in the same, my lord the chancellor of England, at the request of all the commons assembled in the same parliament, explained orally and declared there on behalf of the said commons how, by certain letters patent of King Henry the fourth, grandfather of our present lord the king, of the date 5 November in the fourth year of his reign [1402], made to his good friend Thomas Chaucer, esquire, of the grant of the office of chief butler of England, to hold for the term of his life, with the fees and profits due and accustomed to the same office, as freely and completely as any other butler had duly held and occupied before the said day, as more fully appears by the same letters patent shown and fully understood in the same parliament, has peacefully occupied and enjoyed the same office for a long time by force of aforesaid letters patent, and thereupon to pray the said commons that the aforesaid Thomas should be recommended for the aforesaid office; whereupon, having considered the above, it is agreed and assented in this same parliament, and by the authority of the same, that the said Thomas shall hold and enjoy the said office according to the effect and intent of the said grant thus made by the said King Henry the fourth, and that the said letters patent should be accepted, ratified and confirmed under the king's great seal, without paying a fine to the king in this regard; and that the keeper of the king's privy seal shall make letters under the same seal to the chauncellor of England to make other letters of confirmation to the said Thomas for the aforesaid office, without making fine to the king for the same, and this by the aforesaid authority.
[p. iv-179]
[col. a]
[memb. 7] This membrane has been numbered 10 on the roll.
Pur les priour et covent de Ivycherche. On behalf of the prior and convent of Ivychurch.
39. Fait assavoir, q'en ceste parlement fuit baillez une supplication, de part les priour et covent del priorie de Ivycherche, dont le tenure cy ensuit: 39. Be it remembered that a petition was delivered in this parliament on behalf of the prior and convent of the priory of Ivychurch, the tenor of which follows here:
A roi nostre seignur tressoverain, et as seignurs espirtuelx et temporelx d'iceste present parlement, supplient les priour et covent del priorie de Ivycherche: qe come ils, par graunt de les tresnobles progenitours nostre seignur le roi q'orest, ont pasture as quarant boefs et vaches, et vynt porcs, ovesqe les issues de mesmes les porcs, deins le park nostre dit seignur le roi de Claryngdon', pres le dit priorie, ove franc entre et issir, et auxi un homme appellee stikker, coillant chescun jour bois, deins mesme le park, a l'oeps du dit priour et son covent, et fuist il ensi, qe le trespuissant prince Henry nadgairs roi d'Engleterre, piere nostre seignur le roi q'orest, considerant l'interesse quell le dit priour avoit deins son dit park, par la cause suisdite, de sa propre motion fuit en volunte, qe le dit priour averoit l'esglise, ou le priorie alien, de Uphaven' en le countee de Wiltes', et la chapell de Cherlton' annexee a mesme l'esglise, ove les appurtenantz, esteantz en sa main, les queux sont une prebende en l'esglise cathedrall de Saresbirs, en recompense pur les choses avantditz, a quell recompense le dit priour soi agrea; et sur ceo par commandement des seignurs de son conseil, furent Monsirs William Hankeford, William Babyngton', James Strangways, et Johan Frank, clerk, chargez de part le roi, de mettre en scripture ceo qe purroit estre sufficeant, sibien pur le dit nadgairs roi, ses heirs, et successours, pur l'exteynsement du dite commune et stikker, come pur graunte du dite esglise et chapell, ove toutz lour appurtenantz, a dit priour et ses successours, par le dit nadgairs roi affaire seurement; par force de quell commandement les ditz William, William, James, et Johan, par lour bone deliberation, firent certeins cedules sur toute cell matere, les queux furent deliverez a monsir l'evesqe de Duresme, chanceller d'Engleterre, qi l'envoia desoutz son seal a dit nadgairs roi par dela; le quell nadgairs roi, eu sur ceo bone deliberation, graunta la contenu en mesmes les cedules qantqe en luy fuist, selonc le purport et l'effect de les mesmes, sicome ses confessour et secretarie, come le dit priour entende, volont recorder, et les queux sont ore mys eins devaunt vous, tresgracious seignurs, sicome le dit priour est enfourme. To the king our most sovereign lord and to the lords spiritual and temporal in this present parliament the prior and convent of the priory of Ivychurch petition: whereas they have by the grant of the most noble progenitors of our present lord the king pasture for 40 cattle and cows and 20 pigs, with the issue of the same pigs, in our said lord the king's park of Clarendon next to the said priory, with free ingress and egress, and also a man called a sticker who collects wood every day in the same park for the use of the said prior and his convent, and it was the case that the most mighty prince Henry late king of England, father of our present lord the king, considering the title which the said prior has in his said park because of the aforesaid, of his own volition willed that the said prior should have the church or the alien priory of Upavon in Wiltshire and the chapel of Charlton attached to the same church, with their appurtenances, which were in his hands, which constitute a prebend in the cathedral church of Salisbury, in compensation for the aforesaid things, to which compensation the said prior himself agreed; and thereupon by the command of the lords of his council my lords William Hankford, William Babington, James Strangways and John Frank, clerk, were charged on behalf of the king to put this in a bond that might be sufficient for the said late king, his heirs and successors, for both the suppression of the said common pasture rights and sticker, and for the grant of the said church and chapel with all their appurtenances to be made securely by the said late king to the said prior and his successors; by force of which command the said William, William, James and John by their good deliberation issued certain schedules on all this matter which were delivered to my lord the bishop of Durham, chancellor of England, who sent them under his seal to the said late king overseas; which late king, having had full deliberation thereupon, granted the contents of the same schedules insofar as he was able, according to the purport and the effect of the same, willing his confessor and secretary to record this, as the said prior understands, and which are now before you, most gracious lords, as the said prior is informed.
Sur quoi please a voz tresgraciouses seignuries de considerer la longe et continuell suite qe le dit priour ad fait, sibien en Engleterre, come es parties par dela le meer, selonc les volunte et charge de dit nadgairs roi, a ses costages importables, et sur ceo graunter, qe plein execution purra ent ore estre fait desoutz le graunde seal du roi, et en son non, par ses lettres patentz affairez en due fourme, sanz le graunde fee paier a roi, pur toutz les chartres ou lettres patentz affairz as ditz suppliants cestes parties, ou pur ascun d'eux, pur Dieu et en oevre de charite. (fn. iv-169-150-1) Whereupon may it please your most gracious lordships to consider the long and continuous suit that the said prior has made in both England and in regions overseas, according to the will and charge of the said late king, at his unbearable expense, and to grant thereupon that full execution might now be made under the king's great seal, and in his name, by his letters patent to be made in due form without the large fee payable to the king for all the charters or letters patent, or for any of them, to be made to the said supplicants in this regard, for God and by way of charity. (fn. iv-169-150-1)
Et puis furent trois cedules consuitz ensemble, des queux la dite supplication fait mencion, baillez en mesme le parlement par Mestre William Alnewyk, nadgairs secretarie a le tresgracious roi Henry, pier a nostre soverain seignur, et des queux cedules le tenure del primer de eux cy ensuit: And then three schedules sewn together, of which the said petition makes mention, were delivered in the same parliament by Master William Alnwick, the former secretary of the most gracious King Henry, father of our sovereign lord, and of which schedules the tenor of the first of them follows here:
'Henricus Dei gratia, rex Anglie, heres et regens regni Francie, et dominus Hibernie, omnibus ad quos presentes littere pervenerint, salutem. Sciatis quod cum ecclesia de Uphaven' in comitatu Wiltes', et capella de Cherlton' eidem ecclesie annexa, prebenda in ecclesia cathedrali Sarum, de fundatione progenitorum nostrorum, quondam regum Anglie, et nostro patronatu existens, ut dicitur, una cum dominiis, terris, tenementis, pratis, pasturis, boscis, redditibus, fructibus, portionibus, pensionibus, decimis, obventionibus, jurisdictionibus, advocationibus vicariarum, ac ceteris juribus et rebus, temporalibus et spiritualibus, predictis ecclesie et capelle sive prebende, pertinentibus [col. b] seu ad easdem spectantibus, que jam prioratus de Uphaven' alienigena nuncupantur, ad manus domini Edwardi nuper regis Anglie, proavi nostri, occasione guerre inter ipsum nuper regem, et illos de Francie mote, ut parcella possessionum abbatis et conventus abbacie de Sancto Wandragesilo in Normann', devenissent; et que in manu sua, ac in manu tam domini Ricardi nuper regis Anglie secundi post conquestum, quam domini Henrici nuper regis Anglie, patris nostri, et nostra, successivis temporibus, occasione guerre predicte, extitissent; et que ad nos, eo quod in parliamento nostro apud Leycestr' anno regni nostri secundo tento, (fn. iv-169-154-1) de assensu dominorum spiritualium et temporalium, et communitatis regni nostri Anglie, in eodem parliamento existentium, ordinatum fuisset quod omnes possessiones prioratuum alienigorum in Anglia, adtunc existentes in manu nostra, nobis, et heredibus nostris, ad certam intentionem spiritualem in eadem ordinatione specificatam, morarentur imperpetuum, possessionibus prioratuum alienigorum conventualium et priorum, qui fuerunt instituti et inducti in hujusmodi possessionibus, inter cetera exceptis, jam pace firmata inter regna predicta, de jure pertinent. Nos utique attendentes, qualiter prioratus ecclesie Ederose, juxta parcum nostrum de Claryngdon, in comitatu predicto situatus, aliter dictus prioratus de Ivycherche, qui de fundatione progenitorum nostrorum quondam regum Anglie et nostro patronatu esse dinoscitur valde debiliter dotatus ab antiquo, extitit et existit, ac jacturas et dispendia non modica per minus providam gubernationem priorum jam tarde existentium in eodem sustinuit, ut accepimus, et volentes proinde, pro prioris et conventus loci predicti, et pauperis status sui prioratus, relevamine et incremento, ac pro quadam pastura ad quadraginta boves et vaccas, ac viginti porcos, prioris et conventus loci predicti, una cum sequelis ipsorum porcorum, infra parcum predictum perpetualiter depascendos, cum libero ingressu et egressu, per cartas progenitorum nostrorum quondam regum Anglie, ipsis priori et conventui, et successoribus suis concessa, et similiter pro jure et titulo, que dicti prior et conventus, et predecessores sui, in parco predicto, a tempore quo non extat memoria, hucusque habuerunt, et sibi et successoribus suis, clamant habere; videlicet, unum hominem stikker vulgariter nuncupatum, parcum predictum cotidie intraturi, et ligna inibi, ad opus prioris et conventus loci illius collecturi, et ea abinde usque prioratum predictum, pro omnibus et singulis ubique necessariis suis, infra prioratum illum delaturi, nobis, heredibus, et successoribus nostris, per prefatos priorem et conventum, pro se et successoribus suis, remittendum et relaxandum imperpetuum, graciose disponere et ordinare; premissorum intuitu, et ut ipsi et successores sui majorem causam habeant, pro salubri statu nostro, et Katerine consortis nostre, dum vixerimus, et pro animabus nostris, cum ab hac luce migraverimus, ac pro animabus carissimorum dominorum nostrorum Henrici patris < nostri, > et Edwardi, necnon Ricardi secundi post conquestum, similiter regum Anglie, ac aliorum progenitorum et antecessorum nostrorum, eo efficacius exorare et precari; dedimus, concessimus, et per presentes damus, concedimus, et assignamus, pro nobis, heredibus, et successoribus nostris, prefatis priori et conventui, predictam ecclesiam sive prebendam de Uphaven' cum capella predicta, et etiam cum fructibus, portionibus, pensionibus, decimis, obventionibus, jurisdictionibus, dominiis, terris, tenementis, pratis, pasturis, boscis, redditibus, servitiis, advocationibus vicariarum, franchesiis, libertatibus, aquis, piscariis, visibus franciplegii, viis, sectis curiarum, reversionibus, et ceteris aliis juribus et rebus, cum pertinentiis, tam spiritualibus quam temporalibus, ad easdem ecclesiam sive prebendam de Uphaven' et ad capellam predictam, spectantibus seu pertinentibus quovis modo; habenda, tenenda, et percipienda eisdem priori et conventui, et successoribus suis, omnia et singula [p. iv-180][col. a] premissa, cum pertinentiis, in liberam, puram, et perpetuam elemosinam, adeo libere et integre, sicut nos ea haberemus, si ea in manu nostra retenta fuissent, tanquam sibi ac prioratui et ecclesie sue Beate Marie de Ivycherche, incorporata, annexa, et unita; et ut possessiones indigenas, et non alienigenas, imperpetuum; absque aliquo redditu, apporto, exactione, vel re seculari, nobis, vel heredibus, seu successoribus nostris, inde reddendo sive faciendo, et absque impedimento vel impetitione nostri, vel heredum, seu successorum nostrorum, vel ministrorum nostrorum quorumcumque, et tam in relevamen et succursum prioratus predicti, et personarum in eodem degentium, quam in recompensationem eisdem priori et conventui, et successoribus suis, pro remissione et relaxatione ipsorum prioris et conventus perpetua, de toto jure et titulo, quem ipsi in predicta pastura, et ceteris proficuis suis, infra parcum predictum sibi concessis, et per ipsos usitatis ut premittitur, habent seu habere poterunt, per ipsos, pro se, et successoribus suis, nobis, et heredibus nostris, sub certis conditionibus, in quodam scripto inter nos, et predictos priorem et conventum confecto, et indentato contentis, super hoc faciendo. Volentes ulterius, et concedentes, pro nobis, heredibus et successoribus nostris, per presentes, quod dicti prior et conventus, et successores sui, de omnimodis vastis, arreragiis firmarum, decimis, quintisdecimis, apportis, demandis, ac aliis oneribus quibuscumque, nobis, aut progenitoribus nostris, ante datam presentium, ratione possessionum dicte ecclesie sive prebende de Uphaven' aut capelle predicte, vel alicujus parcelle earumdem, debitis, pertinentibus sive contingentibus, erga nos, heredes et successores nostros, omnino exonerentur et quietentur, imperpetuum. Ac etiam concessimus et licentiam dedimus, pro nobis, et dictis heredibus et successoribus nostris tam abbati et conventui dicte abbacie de Sancto Wandragesilo in Normann', et successoribus suis, quod ipsi, pro se, et successoribus suis, per scriptum suum, communi sigillo suo signandum, dictam ecclesiam sive prebendam de Uphaven', una cum capella predicta, simul cum fructibus, portionibus, pensionibus, decimis, obventionibus, jurisdictionibus, dominiis, terris, tenementis, pratis, pasturis, boscis, redditibus, servitiis, advocationibus vicariarum, franchesiis, libertatibus, aquis, piscariis, visibus franciplegii, viis, sectis curiarum, reversionibus, et ceteris aliis juribus et rebus, cum pertinentiis, tam spiritualibus quam temporalibus, ad dictam ecclesiam sive prebendam de Uphaven', ac capellam predictam, qualitercumque et ubicumque spectantibus, seu de eisdem pertinentibus; et similiter, totum jus suum, clameum, et interesse, que in eisdem habent, et habere clamant, aut clamare poterunt, prefatis priori et conventui dicte ecclesie Ederose, et successoribus suis, perpetualiter concedere et confirmare, ac remittere et relaxare, et universa illa, tanquam ab abbacia et ecclesia ipsorum abbatis et conventus de Sancto Wandragesilo, pro perpetuo separata, in predictum prioratum ecclesie Ederose, transferre possint; habenda, tenenda et percipienda ea omnia et singula prefatis priori et conventui dicte ecclesie Ederose, et successoribus suis, tanquam sibi ac prioratui et ecclesie sue Beate Marie Ederose incorporata, annexa, et unita, et ut possessiones indigenas, et non alienigenas, imperpetuum; quam etiam eisdem priori et conventui ecclesie Ederose, quod ipsi, aut successores sui, predictam ecclesiam sive prebendam de Uphaven', cum capella predicta, una cum omnimodis fructibus, portionibus, pensionibus, decimis, obventionibus, jurisdictionibus, dominiis, terris, tenementis, pratis, pasturis, boscis, redditibus, servitiis, advocationibus vicariarum, franchesiis, libertatibus, aquis, piscariis, visibus franciplegii, viis, sectis curiarum, reversionibus, et ceteris aliis juribus et rebus, cum pertinentiis, tam spiritualibus quam temporalibus, ad dictam ecclesiam sive prebendam de Uphaven', et ad capellam predictam spectantibus, [col. b] sive pertinentibus, de abbate et conventu dicte abbacie, sive successoribus suis, in forma predicta recipere possint et habere, ac ea omnia et singula, cum pertinentiis, tenere et habere, dictis priori et conventui predicte ecclesie Ederose, et successoribus suis, sibi sic incorporata, annexa et unita, et ut possessiones indigenas, et non alienigenas, imperpetuum; absque impedimento, impetitione, vel molestatione nostri, vel heredum, seu successorum nostrorum, aut ministrorum vel officiariorum nostrorum quorumcumque: statuto de terris et tenementis ad manum mortuam non ponendo, seu aliquo alio statuto, seu ordinatione, in contrarium editia, seu eo quod dicta ecclesia de Uphaven', cum dicta capella, prebenda in dicta ecclesia cathedrali Sarum extiterit aut existat, seu quod abbatia predicta, vel dicta ecclesia cathedralis, sit de fundatione progenitorum nostrorum, et nostro patronatu, aut quod dicta ecclesia, sive prebenda de Uphaven', cum capella predicta, seu eorum aliqua, date fuerunt, aut data fuit abbati et conventui abbatie predicte, seu dicte ecclesie Sarum, per progenitores nostros, in liberam, puram, et perpetuam elemosinam, seu ad divina celebranda, hospitalitatem tenendam, vel opera caritatis, aut alia onera, infra abbatiam illam, sive infra dictam ecclesiam Sarum, vel alibi, facienda, invenienda, seu sustentanda, seu quod aliquod premissorum de nobis teneatur, aut quod expressa mentio de vero valore annuo dicte ecclesie sive prebende de Uphaven', cum dicta capella, seu de aliis donis et concessionibus, prefatis priori et conventui, aut predecessoribus suis, per progenitores sive antecessores nostros factis, in presentibus minime facta existit, sive alia causa, jure, vel materia quacumque, que nos tangit, seu que nos, vel heredes, seu successores nostros tangere poterit, aut aliquo premissorum, non obstante. Proviso semper, quod dicti prior et conventus, et successores sui, decimas et alias quotas, cum clero Cantuar' provincie, nobis, et heredibus nostris, necnon prestationes, onera, et deveria, dicte ecclesie Sarum debita, ratione dicte ecclesie sive prebende de Uphaven', cum capella predicta, persolvant et sustentent imperpetuum. Et ulterius, volumus et concedimus, pro nobis, heredibus, et successoribus nostris, quod, si dicte ecclesia sive prebenda de Uphaven', cum capella predicta, ac possessionibus, juribus, et rebus, eisdem ut est dictum pertinentibus, versus dictos priorem et conventum, aut successores suos, futuris temporibus evinci, sive de eisdem expelli contigerit, quovis modo legitimo, extunc dicti prior et conventus loci predicti, pro tempore existentes, pasturam predictam, cum ceteris proficuis predictis, omnibus et singulis, infra parcum predictum, superius specificatis, et per ipsos, et predecessores suos, habitis et usitatis ut premittitur, plenarie et integre reherseant et optineant, sibi et successoribus suis imperpetuum, cum libero ingressu et egressu, pacifice et quiete, et eodem modo sicut ipsi, et predecessores sui, pasturam illam, cum omnibus eisdem proficuis, cum libero ingressu et egressu, ante datam presentium, habuerunt et optinuerunt; relaxatione predicta, aut aliqua prerogativa regia sive auctoritate regali, nobis, vel heredibus nostris, et corone Anglie pertinentibus, non obstantibus. In cujus etc. Teste etc. Henry by the grace of God king of England, heir and regent of France, and lord of Ireland to all to whom the present letters shall come, greeting. Know that whereas the church of Upavon in Wiltshire, and the chapel of Charlton attached to the same, a prebend in the cathedral church of Salisbury, of the foundation of our progenitors, former kings of England, and belonging to our patronage, as it is said, together with the lordships, lands, tenements, meadows, pastures, woods, rents, fruits, portions, pensions, tithes, obventions, jurisdictions, advowsons of vicarages, and other rights and property temporal and spiritual pertaining to the aforesaid church and chapel or prebend [col. b] or belonging to the same, which are now called the alien priory of Upavon, had come into the hands of Lord Edward late king of England, our grandfather, by reason of the war moved between the same late king and those of France as part of the possessions of the abbot and convent of the abbey of St Wandrille in Normandy; and which were in his hands, and in the hands of both Lord Richard the second late king of England since the conquest and of Lord Henry late king of England, our father, and ours, at successive times by reason of the aforesaid war; and which lawfully pertain to us because it was ordained in our parliament held at Leicester in the second year of our reign, (fn. iv-169-154-1) with the assent of the lords spiritual and temporal and of the commons of our realm of England assembled in the same parliament that all possessions of alien priories in England which were then in our hands should remain with us and our heirs forever for a certain spiritual intention specified in the same ordinance, except for the possessions of alien conventual priories and priors who were instituted and inducted to such possessions, among other things, now peace has been concluded between the aforesaid realms. And that we, considering how the priory church of 'Ederosa' situated next to our park of Clarendon in the aforesaid county, otherwise called the priory of Ivychurch, which is recognized to be of the foundation of our progenitors former kings of England and of our patronage, was and is poorly endowed from of old, and it has borne large costs and expenses through the less than prudent management of recent priors resident in the same, as we accept, and wishing therefore to arrange and ordain for the prior and convent of the aforesaid place and alleviate and augment the poor condition of their priory, and for certain pasture for the 40 cattle and cows and 20 pigs of the aforesaid prior and convent of the aforesaid place, together with the issue of the same pigs, to be grazed in the aforesaid park forever, with free ingress and egress granted by the charters of our progenitors former kings of England to the prior and convent themselves and their successors, and similarly for the right and title which the said prior and convent and their predecessors have had in the aforesaid park from time immemorial till now, and which they claim to have for them themselves and their successors; that is, a man commonly called a sticker to enter the aforesaid park daily and collect firewood there for the use of the prior and convent of that place, to be remitted and released forever to us, our heirs and successors by the aforesaid prior and convent, for themselves and their successors and that from that time until the aforesaid priory can support each and every one of their needs anywhere in that priory; in consideration of the foregoing, and so they themselves and their successors have more reason to beseech for and pray more effectively for our well-being and for that of Katherine our queen consort whilst we live, and for our souls when we have departed this world, and for the souls of our dearest lords Henry, our father, and Edward, and also Richard the second since the conquest, similarly kings of England, and our other progenitors and ancestors; we have given, granted and by these present letters we give, grant and assign for us, our heirs and successors to the aforesaid prior and convent the aforesaid church or prebend of Upavon with the aforesaid chapel, and also with the fruits, portions, pensions, tithes, obventions, jurisdictions, lordships, lands, tenements, meadows, pastures, woods, rents, services, advowsons of vicarages, franchises, liberties, pools, fisheries, views of frankpledge, roadways, suits of court, reversions, and certain other rights and property, with their appurtenances both spiritual and temporal belonging or pertaining to the same church or prebend of Upavon and to the aforesaid chapel in any way soever; to have, hold and receive each and every one of the foregoing with their appurtenances to the same prior and convent and their successors [p. iv-180][col. a] in free, pure and everlasting alms as freely and completely as we would have held them if they had been retained in our hands, as incorporated, annexed and united to them and to the priory and their church of St Mary of Ivychurch, and as denizen and not alien possessions forever; without rendering or paying any rent, charge, exaction or secular thing thereupon to us or our heirs or successors, and without our impediment or prevention, or of our heirs or successors, or any of our officials, and in both relief and support of the aforesaid priory and of the persons living in the same, and as compensation to the same prior and convent and their successors for the perpetual remission and release of the prior and convent themselves of all the right and title which they themselves have or are able to have in the aforesaid pasture and their other benefits granted to them in the aforesaid park, and used by them, as mentioned above, made thereupon by them themselves for themselves and their successors to us and our heirs under certain conditions contained in a certain bond drawn up and indented between us and the aforesaid prior and convent. Willing in addition and granting for us, our heirs and successors by the present letters that the said prior and convent and their successors shall be completely discharged and quit forever towards us, our heirs and successors of all kinds of wastes, arrears of farms, tenths, fifteenths, charges, demands, any any other impositions whatsoever owed, pertaining or belonging to us or to our progenitors before the date of the present letters by reason of the possession of the said church or prebend of Upavon or the aforesaid chapel, or any part of the same. And we have also granted and given licence for us and our said heirs and successors to both the abbot and convent of the said abbey of St Wandrille in Normandy and their successors that they themselves for themselves and their successors might transfer by their bond, sealed with their common seal, the said church or prebend of Upavon together with the aforesaid chapel and also the fruits, portion, pensions, tithes, obventions, jurisdictions, lordships, lands, tenements, meadows, pastures, woods, rents, services, advowsons of vicarages, franchises, liberties, pools, fisheries, views of frankpledge, roadways, suits of court, reversions, and certain other rights and property with their appurtenances both spiritual and temporal howsoever and wheresoever belonging to the said church or prebend of Upavon and the aforesaid chapel, or pertaining to the same; and similarly to grant and confirm and remit and release forever all their right, claim and title which they have and claim or are able to claim to have in the same to the aforesaid prior and convent of the said church of Ivychurch, and their successors, and as if separated forever from the abbey and church of the abbot and convent of St Wandrille, in the aforesaid priory church of Ivychurch; to have, hold and receive each and everything to the aforesaid prior and convent of the said church of Ivychurch and their successors, as if incorporated, annexed and united to them and to the priory and their church of St Mary of Ivychurch, and as denizen and not alien possessions forever; and also to the same prior and convent of the church of Ivychurch, that they themselves or their successors might receive and have the aforesaid church or prebend of Upavon, with the aforesaid chapel, together with all kinds of fruits, portions, pensions, tithes, obventions, jurisdictions, lordships, lands, tenements, meadows, pastures, woods, rents, services, advowsons of vicarages, franchises, liberties, pools, fisheries, views of frankpledge, roadways, suits of court, reversions, and certain other rights and property, with their appurtenances, both spiritual and temporal belonging or pertaining to the said church or prebend of Upavon and to the aforesaid chapel [col. b] from the abbot and convent of the said abbey or their successors in the aforesaid form, and to hold and have each and every one with their appurtenances to the said prior and convent of the aforesaid church of Ivychurch and their successors thus incorporated, annexed and united to them, and as denizen and not alien possessions forever; without our impediment, prevention or trouble, or of our heirs or successors, or of any of our officials or officers whomsoever: notwithstanding the Statute of Mortmain, or any other statute or ordinance published to the contrary, or because the said church of Upavon with the said chapel was or is a prebend in the said cathedral church of Salisbury, or that the aforesaid abbey or the said cathedral church is of the foundation of our progenitors and of our patronage, or that the said church or prebend of Upavon with the aforesaid chapel were given, or any of them was given, to the abbot and convent of the aforesaid abbey, or to the said church of Salisbury by our progenitors in free, pure and everlasting alms, or for divine service to be celebrated, hospitality to be given, or works of charity, or other charges to be done, provided or supported in that abbey or in the said church of Salisbury or elsewhere, or that any of the foregoing is held of us, or that express mention is not made in the present letters of the true annual value of the said church or prebend of Upavon with the said chapel, or of other gifts and grants made to the aforesaid prior and convent or their predecessors by our progenitors or ancestors, or any other reason, right or matter whatsoever which concerns us, or which might concern us, or our heirs or successors, or any of the foregoing. Provided always that the said prior and convent and their successors will pay and bear forever tenths and other subsidies with the clergy of the province of Canterbury to us and our heirs, and also prests, charges and dues due to the aforesaid church of Salisbury by reason of the said church or prebend of Upavon with the aforsaid chapel. And we will and grant in addition for us, our heirs and successors that if the said church or prebend of Upavon with the aforesaid chapel and possessions, rights and property pertaining to the same, as it is said, happen to be removed from the said prior and convent or their successors, or taken away by any lawful means from the same in future, then the said prior and convent of the aforesaid place at the time may fully and completely recover and regain the aforesaid pasture with each and every one of the other aforesaid benefits specified above held and used by them themselves and their predecessors in the aforesaid park, as is mentioned above, for them and their successors forever, with free ingress and egress, peacefully and quietly, and in the same way as they themselves and their predecessors had and held that pasture with all the same benefits with free ingress and egress before the date of the present letters; notwithstanding the aforesaid release or other royal prerogative or royal authority pertaining to us or our heirs and the crown of England. In [witness] of which, etc. Witnessed, etc.
Et le tenure del secounde des ditz cedules cy ensuit: And the tenor of the second of the said schedules follows here:
'Henricus Dei gratia, rex Anglie, heres et regens regni Francie, et dominus Hibernie, omnibus ad quos presentes littere pervenerint, salutem. Sciatis quod cum advocatio ecclesie, sive prebende de Uphaven' in comitatu Wiltes', cum capella de Cherlton' eidem ecclesie annexa, que quidem ecclesia sive prebenda et capella prioratus de Uphaven' alienigena nuncupantur, ad nos, eo quod in parliamento nostro apud Leycestr', anno regni nostri secundo tento, de assensu dominorum spiritualium et temporalium, et communitatis regni [p. iv-181][col. a] nostri Anglie, in eodem parliamento existentium, (fn. iv-169-158-1) ordinatus fuisset, quod omnes possessiones prioratuum alienigenorum in Anglie, adtunc existentes in manu nostra, nobis et heredibus nostris, ad certam intentionem spiritualem in eadem ordinatione specificatam, morarentur imperpetuum, possessionibus prioratuum alienigenorum, conventualium, et priorum qui fuerunt instituti et inducti in hujusmodi possessionibus, inter cetera exceptis, jam de jure pertinent. Nos utique attendentes, qualiter prioratus ecclesie Ederose juxta parcum nostrum de Claryngdon in comitatu predicto situatus, qui de fundatione progenitorum nostrorum quondam regum Anglie, et nostro patronatu esse dinoscitur, valde debiliter dotatus ab antiquo extitit et existit, ac jacturas et dispendia non modica per minus providam gubernationem priorum jam tarde existentium in eodem sustinuit, ut accepimus, et volentes proinde, pro prioris et conventus loci predicti, et successorum suorum, ac pauperis status sui prioratus, relevamine et incremento, graciose disponere et ordinare; premissorum intuitu, et ut ipsi, et successores sui, majorem causam habeant, pro salubri statu nostro, et Katerine consortis nostre, dum vixerimus, et pro animabus nostris, cum < ab hac > luce migraverimus, ac pro animabus carissimorum dominorum nostrorum Henrici patris nostri, et Edwardi, ac etiam Ricardi secundi post conquestum, similiter regum Anglie, ac aliorum progenitorum et antecessorum nostrorum, eo efficacius exorare et precari; de gratia nostra speciali, dedimus et concessimus, et per presentes damus, concedimus et assignamus, pro nobis, heredibus et successoribus nostris, prefatis priori et conventui, advocationem dicte ecclesie sive prebende de Uphaven', cum capella de Cherlton' predicta, cum suis pertinentiis, que prioratus de Uphaven' ut premittitur nuncupantur, in qua quidem ecclesia de Uphaven', sive prebenda, una vicaria, et in dicta capella quedam alia vicaria, ab antiquo dotate extiterunt, et adhuc existunt: habendum et tenendum sibi et successoribus suis, una cum advocationibus vicariarum de Uphaven' et Cherlton', in liberam, puram, et perpetuam elemosinam; ita quod ipsi, habita inde per illos plena et pacifica possessione, dictam ecclesiam sive prebendam de Uphaven', cum capella de Cherlton' supradicta, appropriare, et eos in proprios usus sibi, et successoribus suis predictis, tenere possint: statuto de terris et tenementis ad manum mortuam non ponendo, seu aliquo alio statuto sive ordinatione in contrarium editis, seu eo quod predicta advocatio ecclesie, sive prebende de Uphaven', cum dicta capella de Cherlton', parcella possessionum abbatis et conventus abbacie de Sancto Wandragesilo in Normann', sive prebenda in ecclesia cathedrali Sarum extiterit aut existat, seu quod abbatia predicta, vel dicta ecclesia cathedralis Sarum, sit de fundatione progenitorum sive antecessorum nostrorum, et nostro patronatu, aut quod dicta advocatio ecclesie, sive prebende de Uphaven', cum capella de Cherlton' predicta, datis fuit abbati et conventui abbatie predicte, per progenitores vel antecessores nostros, seu dicte ecclesie Sarum, in liberam, puram, et perpetuam elemosinam, seu ad divina celebranda, hospitalitatem tenendam, vel opera caritatis, aut alia onera, infra abbatiam predictam, sive infra dictam ecclesiam cathedralem, vel alibi facienda, invenienda, seu sustentanda, seu quod advocatio predicta de nobis teneatur, aut quod expressa mentio de vero valore patronatus sive advocationis ecclesie predicte, aut de aliis donis, et concessionibus, prefatis priori et conventui, vel predecessoribus suis, per progenitores aut antecessores nostros factis, in presentibus minime facta existit, sive alia causa, jure, vel materia quacumque, que [memb. 6][editorial note: This membrane has been numbered 8 on the roll.] nos tangit, seu que nos, < vel heredes, > seu successores nostros tangere poterit, aut aliquo premissorum, non obstante. Nolentes, quod predicti prior et conventus, aut successores sui, ratione statuti predicti, seu aliquorum premissorum, per nos, vel heredes nostros, justiciarios, vicecomites, [col. b] escaetores, aut alios ministros nostros, vel heredum nostrorum quoscumque, occasionentur, molestentur in aliquo, seu graventur. In cujus etc. Teste etc. Henry by the grace of God king of England, heir and regent of France, and lord of Ireland, to all to whom the present letters shall come, greeting. Know that whereas the advowson of the church or prebend of Upavon in Wiltshire with the chapel of Charlton annexed to the same church, which church or prebend and chapel are called the alien priory of Upavon, now lawfully pertain to us because it was ordained in our parliament held at Leicester in the second year of our reign, with the assent of the lords spiritual and temporal and of the commons of our realm [p. iv-181][col. a] of England assembled in the same parliament, (fn. iv-169-158-1) that all possessions of alien priories in England which were then in our hands should remain with us and our heirs forever for a certain spiritual intention specified in the same ordinance, except for the possessions of alien conventual priories and priors who were instituted and inducted to such possessions, among other things. And that we, considering how the priory church of Ivychurch situated next to our park of Clarendon in the aforesaid county, which is recognized to be of the foundation of our progenitors former kings of England and of our patronage, was and is poorly endowed from of old, and has borne large costs and expenses through the less than prudent management of recent priors resident in the same, as we accept, and wishing therefore to arrange and ordain for the prior and convent of the aforesaid place and alleviate and augment the poor condition of their priory; in consideration of the foregoing, and as they themselves and their successors have more reason to beseech for and pray more effectively for our well-being and for that of Katherine our queen consort whilst we live, and for our souls when we have departed this world, and for the souls of our dearest lords Henry, our father, and Edward, and also Richard the second since the conquest, similarly kings of England, and our other progenitors and ancestors; from our special grace we have given, granted and by these present letters we give, grant and assign for us, our heirs and successors to the aforesaid prior and convent the advowson of the said church or prebend of Upavon with the aforesaid chapel, with their appurtenances, which are called the priory of Upavon, as mentioned above, in which church or prebend of Upavon a vicarage, and in the said chapel another vicarage, have been endowed from of old, and they are still: to have and to hold to them and their successors, together with the advowsons of the vicarages of Upavon and Charlton, in free, pure and everlasting alms; so that they themselves, with full and peaceful possession having been taken thereof by them, might appropriate the said church or prebend of Upavon with the abovesaid chapel of Charlton and hold them for their own use to them and their aforesaid successors: notwithstanding the Statute of Mortmain, or any other statute or ordinance published to the contrary, or because the aforesaid advowson of the church or prebend of Upavon with the said chapel of Charlton is part of the possessions of the abbot and convent of the abbey of St Wandrille in Normandy, or was or is a prebend in the cathedral church of Salisbury, or that the aforesaid abbey or the said cathedral church of Salisbury is of the foundation of our progenitors or ancestors and of our patronage, or that the said advowson of the church or prebend of Upavon with the aforesaid chapel of Charlton was given to the aforesaid abbot and convent of the aforesaid abbey or to the said church of Salisbury by our progenitors or ancestors in free, pure and everlasting alms, or for divine service to be celebrated, hospitality to be given, or works of charity or other deeds to be done, provided and supported in the aforesaid abbey or in the said cathedral church or elsewhere, or that the aforesaid advowson is held of us, or that express mention is not made in the present letters of the true value of the patronage or advowson of the aforesaid church, or of other gifts and grants made to the aforesaid prior and convent or their predecessors by our progenitors or ancestors, or any other reason, right or matter whatsoever which [memb. 6][editorial note: This membrane has been numbered 8 on the roll.] concerns us, or might concern us, or our heirs or successors, or any of the foregoing. Not wishing that the aforesaid prior and convent or their successors should be prosecuted, troubled or harmed in any way by reason of the aforesaid statute, or any of the foregoing, by us or our heirs, our justices, sheriffs, [col. b] escheators, or other officials, or those of our heirs whomsoever. In [witness] of which, etc. Witnessed, etc.
Et le tenure auxi del tierce des suisditz cedules cy ensuit: And the tenor of the third of the aforesaid schedules also follows here:
'Omnibus Christi fidelibus, ad quos presens scriptum indentatum pervenerit, Walterus prior prioratus ecclesie Ederose, juxta parcum de Claryngdon, et ejusdem loci conventus, salutem in Domino sempiternam. Cum excellentissimus princeps et dominus noster, dominus Henricus, Dei gratia, rex Anglie, quintus post conquestum, in succursum et relevamen prioratus nostri predicti, qui de fundatione progenitorum ipsius domini regis et patronatu suo existit, ac pro quadam pastura, ad quadraginta boves et vaccas, ac viginti porcos, una cum sequelis ipsorum porcorum, quam nos et predecessores nostri, infra parcum ipsius domini regis supradictum, per cartas progenitorum suorum, et similiter, pro jure et titulo, que nos a tempore quo non extat memoria, videlicet, unum hominem stikker vulgariter nuncupatum, parcum predictum cotidie intraturi, et ligna inibi, ad opus nostrum, et successorum nostrorum collecturum, et ea abinde usque prioratum predictum, pro omnibus et singulis ubique necessariis, infra prioratum illum delaturi, hucusque, cum libero ingressu et egressu, habuimus et habuerunt, optinuimus et optinuerunt, prefato domino nostro regi, heredibus et successoribus suis, per nos dictos priorem et conventum, pro nobis et successoribus nostris, sub conditione subsequenti remittendum et relaxandum imperpetuum, per litteras suas patentes, dederit, concesserit, et assignaverit, pro se, heredibus et successoribus suis, nobis prefatis priori et conventui, et successoribus nostris, ecclesiam de Uphaven', cum capella de Cherlton' eidem ecclesie annexa, prebendam in ecclesia cathedrali Sarum, que est de fundatione progenitorum ipsius domini regis, quondam regum Anglie, et suo patronatu existentem, et etiam cum fructibus, portionibus, pensionibus, decimis, obventionibus, jurisdictionibus, dominiis, terris, tenementis, pratis, pasturis, boscis, redditibus, servitiis, advocationibus vicariarum, franchesiis, libertatibus, aquis, piscariis, visibus franciplegii, viis, sectis curiarum, reversionibus, et ceteris aliis juribus et rebus, cum pertinentiis, tam spiritualibus quam temporalibus, ad easdem ecclesiam sive prebendam de Uphaven', et capellam, que prioratus de Uphaven' alienigena nuncupantur, spectantibus sive pertinentibus; habenda et tenenda nobis et successoribus nostris omnia et singula premissa, < cum pertinentiis, > in liberam, puram, et perpetuam elemosinam, adeo libere et integre, et eodem modo, sicut prefatus dominus noster rex ea haberet, si ea in manu sua retenta fuissent, tanquam nobis dictis priori et conventui, ac prioratui et ecclesie nostre Beate Marie de Ivycherche, incorporata, annexa, et unita; et ut possessiones indigenas, et non alienigenas, imperpetuum; prout in litteris predictis plenius continetur. Noveritis, nos dictos priorem et conventum, unanimi consensu et assensu totius capituli nostri, remisisse, relaxasse, et omnino pro nobis et successoribus nostris, imperpetuum per presentes quietum clamasse, prefato domino nostro regi, heredibus et successoribus suis, totum jus nostrum et clameum, que in pastura, et ceteris proficuis predictis, ac in solo ejusdem parci, nobis et successoribus nostris, infra parcum predictum concessis, et per nos, et predecessores nostros, usitatis ut premittitur, habemus, habuimus, seu quovis modo habere poterimus, sub tali conditione, videlicet, quod pro toto tempore, quo nos predicti prior et conventus, et successores nostri, pacificam possessionem, dicte ecclesie sive prebende de Uphaven', cum capella predicta, et una cum fructibus, portionibus, pensionibus, decimis, obventionibus, juribus et rebus eisdem pertinentibus, virtute [p. iv-182][col. a] donationis et concessionis dicti domini regis predictarum, optineamus et optineant, presens relaxatio, durante tempore hujusmodi, suum vigorem teneat et effectum. Et si predicta ecclesia sive prebenda de Uphaven', cum dicta capella, versus nos dictos priorem et conventum, seu successores nostros, modo legitimo evinci, sive recuperari, vel inde expelli contigerit in futuro, extunc presens relaxatio ad excludendum nos de pastura et ceteris proficuis predictis suum vigorem perdat et effectum. In cujus rei testimonium, uni parti hujus scripti indentati, penes dictum dominum regem remanenti, dicti prior et conventus sigillum suum commune apponi fecerunt; alteri vero parti ejusdem scripti indentati, penes ipsos priorem et conventum remanenti, idem dominus rex sigillum suum magnum apponi fecit. Datum etc. To all the faithful of Christ to whom the present indented bond shall come, Walter, prior of the priory church of Ivychurch, next to the park of Clarendon, and the convent of the same place, everlasting greeting in the Lord. Whereas our most excellent prince and lord Lord Henry by the grace of God the fifth king of England since the conquest, in support and relief of our aforesaid priory which is of the foundation of the progenitors of the lord king himself and of his patronage, and for certain pasture for 40 cattle and cows and 20 pigs, with the issue of the same pigs, which we have had and held and our predecessors have had and held in the abovesaid park of the lord king himself by the charters of his progenitors, and similarly for the right and title which we have had from time immemorial, that is, a man commonly called a sticker to enter the aforesaid park daily and collect firewood there for our use and that of our successors, with free ingress and egress till now, to be remitted and released forever to our aforesaid lord king, his heirs and successors by us the said prior and convent, for us and our successors under the following condition, so that from that time until the aforesaid priory can support each and every one of their needs anywhere in that priory, by his letters patent has given, granted and assigned for himself, his heirs and successors to us the aforesaid prior and convent and our successors the church of Upavon with the chapel of Charlton annexed to the same church, a prebend in the cathedral church of Salisbury, which is of the foundation of the progenitors of the lord king himself former kings of England, and of his patronage, and also with the fruits, portions, pensions, tithes, obventions, jurisdictions, lordships, lands, tenements, meadows, pastures, woods, rents, services, advowsons of vicarages, franchises, liberties, pools, fisheries, views of frankpledge, roadways, suits of court, reversions, and certain other rights and property, with their appurtenances both spiritual and temporal belonging or pertaining to the same church or prebend of Upavon and chapel, which is called the alien priory of Upavon; to have and to hold to us and our successors each and every one of the foregoing with their appurtenences in free, pure and everlasting alms as freely and completely and in the same manner as our aforesaid lord king would have held them if they had been retained in his hands, as incorporated, annexed and united to us the said prior and convent, and to our priory and church of St Mary of Ivychurch; and as denizen and not alien possessions forever; as is more fully contained in the aforesaid letters. You are to know that by the present letters we, the said prior and convent, with the unanimous consent and assent of all our chapter, have remitted, released and entirely quitclaimed forever for us and our successors to our aforesaid lord king, his heirs and successors, all our right and claim which we have, had, or are able to have in any way in the aforesaid pasture and other benefits, and on the land of the same park, granted to us and our successors in the aforesaid park, and used by us and our predecessors, as is said above, under such a condition, that is, that for all the time which we the aforesaid prior and convent have and our successors have peaceful possession of the said church or prebend of Upavon with the aforesaid chapel, and together with the fruits, portions, pensions, tithes, obventions, rights and property pertaining to the same by virtue [p. iv-182][col. a] of the aforesaid gift and grant of the said lord king, the present release shall hold its force and effect during such time. And if the aforesaid church or prebend of Upavon with the said chapel happen to be taken away or recovered from us the said prior and convent or our successors by lawful means, or removed therefrom in future, then the present release to exclude us from the aforesaid pasture and other benefits shall lose its force and effect. In witness of which the said prior and convent have caused their common seal to be affixed to one part of this indented bond which shall remain in the possession of the said lord king; and the same lord king caused his seal to be affixed to the other part of the same indented bond which shall remain in the possession of the prior and convent themselves. Given, etc.
Surquoi, leeuz en ceo mesme parlement la dite supplication, et les ditz trois cedules, ore tachez a le dorse de ceste roll de parlement, pur tant qe veux mesmes les trois cedules par le gracious roi Henry, piere a nostre soverein seignur, a sa bone deliberation pardela le meere, mesme le roi le piere estoit en plein voluntee de granter, doner, et assigner; et par bouche granta, dona, et assigna, as priour et covent du dit priorie, sibien l'esglise ou prebende de Uphaven', ove le chapell de Cherlton', a mesme l'esglise ou prebende annexez, appellez le priorie de Uphaven' alien, et ovesqe les fruits, portions, pensions, dismes, obventions, jurisdictions, seignuries, terres, tenements, prees, pastures, bois, rents, services, et toutz autres choses, droitures, et possessions, espirituelx et temporelx, as ditz esglise ou prebende de Uphaven' et a la dite chapell appurtenantz ou regardantz; queux furent jadis es mains du dit roi le piere, come parcell des possessions del abbacie de Seint Wandragesile en Normandie, et ceo selonc l'effect et le tenure de la dite primer cedule en toutz points, come l'advoeson du dite esglise ou prebende de Uphaven' ovesqe la dite chapell de Cherlton', et les advoesons des vicaries de Uphaven' et Cherlton', et ceo selonc la contenue et l'effect de la dite secounde cedule, a avoirz, tenirz, et aprendrerz, as ditz priour et covent, et a lour successours, en franc, pure, et perpetuell almoigne pur toutz jours, en relevement del poevere estate du dit priorie, q'estoit de son patronage come de la corone d'Engleterre, et auxi pur reles avoir au dit roi le piere, et a ses heirs, des ditz priour et covent, pur eux et lour successours, de la pasture as quarant boeves et vaches, et vingt porcs ove lour sequeles, queux mesmes les priour et covent et lour predecessours ont euz d'auncien droit, a eux et lour successours, dedeins le park du roi de Claryngdon; et auxi de le profit quell ils ont eu, pur avoir un homme appellee stikker, a coiller chescun jour en mesme le park, fuail al oeps des priour et covent de mesme le lieu, et ceo solonc l'effect et le tenure del dite tierce cedule; et selonc la condition comprise en mesme la tierce cedule; ovesqe ceo qe les ditz priour et covent, et lour successours, ferront celebrer une messe dedeins lour dit priorie chescun jour, pur l'alme du dit nadgairs roi, et d'autres desoutz especifiez, perpetuelment; sicome toutz les premisses en le dit parlement par diverses seignurs seantz en le mesme, et auxint par le dit secretarie, furent veritablement tesmoignez. Le roi, yceux considerez, desirant toutditz a les bones entents et voluntees de son gracious piere cell partie encliner, et pur tant qe les ditz entent et voluntee ne avoient pas due et plener execution en sa vie, voet et grante, pur luy, ses heirs et successours, en ceste parlement, del assent de toutz les seignurs esteantz en le mesme, sibien espirtuelx come temporelx, qe les ditz priour et covent aient, del son grante et assignement du roi, la dite esglise ou prebende de [col. b] Uphaven', ove la dite chapell de Cherlton', appellez le priorie de Uphaven' alien, ove toutz les fruits, portions, pensions, dismes, obventions, jurisdictions, seignuries, terres, tenements, prees, pastures, bois, rents, services, et toutz autres choses, droitures, et possessions, espirtuelx et temporelx, as ditz esglise ou prebende de Uphaven', et a la dite chapell, appurtenantz ou regardantz, en les mains du roi entre autres possessions aliens en Engleterre esteantz, par force del ordinance faite en le parlement tenuz a Leycestre, l'an de regne de son dit piere secunde, a demurrerz a luy et a ses heirs delors en avant perpetuelment, apres ceo qe peax se prendroit parentre les roialmes d'Engleterre, et de France; et ceo, purtant qe la paix entre les ditz roialmes est jatard euz et fermez; a avoirz, tenirz, et aprendrerz, as ditz priour et covent, et a lour successours, en pure et perpetuell almoigne, et sanz ascun rent, apporte, exaction, ou autre chose seculer, a rendre ou faire au roi, ses heirs ou successours, solonc l'effect et la contenue de la dite primer cedule en toutz points. Et qe mesmes les priour et covent, et lour successours, soient quitez et deschargez pur toutz jours envers le roi, et ses heirs et successours, de toutz maners gastes, arrerages des fermes, dismes, quinszimes, apportes, demandes, et d'autres charges qeconqes, au roi ou ses progenitours ou predecessours, par cause des possessions du dite esglise ou prebende de Uphaven', ou de la dite chapell, ou d'ascun parcell d'icelles, ou a eux regardantz, duez, appurtenantz, ou contingentz, de toutz temps passez avant la date des lettres patentz de roi affairez, de ou sur ceste present grante. Et auxi le roi grante, et licence done, pur luy, et ses heirs et successours, as abbe et covent du dite abbecie, et a lour successours, q'ils les ditz esglise ou prebende de Uphaven', ove la dite chapell, et ovesqe les portions, pensions, dismes, terres, tenements, et toutz autres choses, droitures, et possessions, a icelles regardantz ou appurtenantz, et tout lour droit, clayme, et interesse, q'ils ent ont, as ditz priour et covent, et lour successours, purront granter et confermer, remitter et relesser; et auxi grante et done licence mesme le roi, a mesmes les priour et covent, et a lour successours, q'ils les ditz esglise ou prebende, ovesqe les ditz chapell, portions, pensions, dismes, terres, tenements, et toutz les autres choses, droitures, et possessions suisditz, de les abbe et covent du dit abbecie pur le temps esteantz receiver purront, a avoirs et tenirz a mesmes les priour et covent, et a lour successours pur toutz jours, non obstant ascun estatuit, ou autre chose, eu ou fait a contrarie, selonc l'effect et la contenue de la dite primer cedule; purveu qe les ditz priour et covent, et lour successours, paient au roi et a ses heirs pur toutz jours, dismes et autres quotes a eux grantez, par la clergie del province de Canterbirs, et auxi les prestations, charges, et devoirs duez a l'esglise cathedrall de Saresbirs, par cause de la dite esglise ou prebende de Uphaven', ovesqe la dite chapell; et auxi qe mesmes les priour et covent, et lour successours, facent celebrer une messe chescun jour, dedeins lour dit priorie, pur le bone estate du roi, et de sa treschiere maere Katerine roigne d'Engleterre, durantz lour vies, et pur lour almes qant ils sont a Dieu commandez, et pur l'almes de son dit piere, et de Sire Henry son aiel, et del Sire Richard secounde puis le conqueste, nadgairs rois d'Engleterre, et d'autres les progenitours et auncestres du roi perpetuelment, tant come les ditz priour et covent, et lour successours, aient et enjoient possession de les ditz esglise ou prebende de Uphaven', ove la dite chapell, et de lour appurtenantz, pesiblement, selonc l'effect de ceste grante a eux par le roi ensi faitz. Et s'il aveigne qe mesme l'esglise ou prebende de Uphaven', ove la dite chapell, et les possessions, choses, et droitures a icelles [p. iv-183][col. a] appurtenantz, come dit est, soient evictz vers le ditz priour et covent, ou lour successours, ou q'ils soient ent oustez en ascun manere loisible, le roi voet et grante, del assent avantdit, q'adonqes les priour et covent de dit priorie pur le temps esteantz, reeient et opteignent a eux, et lour successours, la dite pasture pleinement et entierement, ove les autres profits suisditz, par eux et lour predecessours deins le dit park euz et usez come dessuis, ove franc entre et issue, quitement et pesiblement, selonc la contenue en la primer cedule avantdite. Et le roi voet et grante, del assent avauntdit, qe liverez au chaunceller d'Engleterre pur le temps esteant, al oeps du roi, par les priour et covent du dit priorie, l'escript de reles, a estre endenteez parentre le roi et mesmes les priour et covent, de toutz les pasture et choses suisditz, queux ils ont en le dit park, affaire en due fourme, pur eux et lour successours, et ensealez desoutz lour commune seal, selonc l'effect et la contenue de la dite tierce cedule; aient mesmes les priour et covent lettres patentz du roi, desoutz son grande seal, affairz en due fourme, selonc l'effect et le tenure de la suisdite primer cedule, ovesqe la entiere clause non obstante expressez en la mesme, quell ensi comence, statuto de terris et tenementis ad manum mortuam non ponendo, seu aliquo alio statuto, etc. a mettre en mesmes les lettres patentz; et ovesqe toute la dite clause, purveu qe mesmes les priour et covent, et lour successours, facent celebrer une messe chescun jour, dedeins lour dit priorie, pur le bone estate du roi, et de sa treschiere maere Katerine roigne d'Engleterre, durantz lour vies, et pur lour almes qant ils sont a Dieu commandez, et pur l'almes de son dit piere, et de Sire Henry son aiel, et de Sire Richard secunde puis le conqueste, nadgairs rois d'Engleterre, et d'autres progenitours et auncestres du roi perpetuelment, tant come les ditz priour et covent, et lour successours, aient et enjoient possession de les ditz esglise ou prebende de Uphaven', ove la dite chapell, et de lour appurtenantz, pesiblement, selonc l'effect de ceste grante a eux par le roi ensi faitz, d'estre translatez en Latyn, et mys en les dites lettres patentz. Et outre ceo le roi, del assent avantdit, voet et grante, pur luy, ses heirs et successours, as ditz priour et covent, q'ils aient auxi, del done, grante, et assignement du roi, l'avoeson du dite esglise ou prebende de Uphaven', ove la dite chapell de Cherlton', et ove lour appurtenantz, queux sont appellez le priorie de Uphaven', en quell esglise ou prebende de Uphaven' une vicarie, et en la dite chapell une autre vicarie sont, a present, et d'auncien temps furent endouez, a avoirz et tenirz as ditz priour et covent, et a lour successours, ovesqe les advoesons des ditz vicaries de Uphaven' et Cherlton', en franc, pure et perpetuell almoigne; issint q'ils, euz ent par eux plein et pesible possession, la dite esglise ou prebende de Uphaven', ove la dite chapell de Cherlton' approprier, et iceux appropriez tenir purront en propre oeps, a eux et lour successours dessuisditz, selonc l'effect et le tenure de la dite secunde cedule. Et qe mesmes les priour et covent, apres ceo qe par eux le dit escript de reles soit deliverez a dit chanceller, come dessuis, aient de tout ceo q'est compris en icell secunde cedule, lettres patentz du roi desoutz son grande seal, affairez en due fourme, selonc l'effect et la contenue de mesme la secunde cedule, ovesqe toute la clause non obstante expressez en la mesme, q'ensi comence, statuto de terris et tenementis ad manum mortuam non ponendo, seu aliquo alio, etc. Et qe le chanceller d'Engleterre pur le temps esteant, sur la deliverance a luy faite de la dite reles endentez des ditz priour et covent, face faire estre ensealez lettres patentz du roi, del autre parte de mesme l'escript endentez desoutz le grande seal du roi, affairez en due fourme. Et auxi le roi voet, del assent avantdit, qe les [col. b] ditz priour et covent, eient les ditz trois lettres patentz du roi, pur une fee appaier a luy tant soulement pur iceux, sur quell paiement de cell fee, soit sibien le gardein del hanapere de la chancellerie du roi, come les ditz priour et covent, et lour successours, quitez et deschargez envers le roi, de toute le remenant, et ceo par garante de prive seal du roi affaire cell partie. Whereupon, with the said petition and the said three schedules now sewn to the dorse of this roll of parliament having been read in this same parliament, because the same three schedules were seen by the gracious King Henry, father of our sovereign lord, for his full consideration overseas, the same king the father freely willed them to be granted, given and assigned; and verbally granted, gave and assigned to the prior and convent of the said priory both the church or prebend of Upavon with the chapel of Charlton annexed to the same church or prebend, called the alien priory of Upavon, and with the fruits, portions, pensions, tithes, obventions, jurisdictions, lordships, lands, tenements, meadows, pastures, woods, rents, services, and all other property, rights and possessions spiritual and temporal pertaining or belonging to the said church or prebend of Upavon and to the said chapel, which were formerly in the hands of the said king the father as part of the possessions of the abbey of St Wandrille in Normandy, and this according to the effect and the tenor of the said first schedule in all points; and the advowson of the said church or prebend of Upavon with the said chapel of Charlton, and the advowsons of the vicarages of Upavon and Charlton, and this according to the contents and the effect of the said second schedule, to have, hold and receive to the said prior and convent and to their successors in free, pure and everlasting alms forever, in relief of the poor condition of the said priory, which is of his patronage as of the crown of England, and also in order to have the release to the said king the father and to his heirs from the said prior and convent, for them and their successors, of the pasture for 40 cattle and cows, and 20 pigs with their issue, which the same prior and convent and their predecessors have had to the them and their successors from right of old in the king's park of Clarendon; and also the benefit which they have had in having a man called a sticker to collect firewood daily in the same park for the use of the prior and convent of the same place, and this according to the effect and the tenor of the said third schedule; and according to the condition contained in the same third schedule; that the said prior and convent and their successors will cause a mass to be celebrated daily forever in their said priory for the soul of the said late king, and for others specified above; just as all the foregoing was truly verified in the said parliament by several lords who were sitting in the same, and also by the said secretary. The king, having considered this, desiring always to be inclined to the good intention and wishes of his gracious father in this regard, and because the said intention and wish was unable to be duly and fully carried out in his lifetime, wills and grants for himself, his heirs and successors in this parliament, with the assent of all the lords both spirtual and temporal assembled in the same, that the said prior and convent may have from his grant and the assignment of the king the said church or prebend of [col. b] Upavon with the said chapel of Charlton, called the alien priory of Upavon, with all the fruits, portions, pensions, tithes, obventions, jurisdictions, lordships, lands, tenements, meadows, pastures, woods, rents, services, and all other property, rights and possessions spirtual and temporal pertaining or belonging to the said church or prebend of Upavon and to the said chapel, which are in the king's hands with other alien possessions in England by force of the ordinance made in the parliament held at Leicester in the second year of the reign of his said father, to remain with them and with their heirs forever henceforth after peace is made between the realms of England and of France; and this because the peace between the said realms has been recently made and secured; to have, hold and receive to the said prior and convent and to their successors in pure and everlasting alms, and without any rent, charge, exaction, or other secular imposition to be rendered or paid to the king, his heirs or successors, according to the effect and the contents of the said first schedule in all points. And that the same prior and convent and their successors shall be quit and discharged forever towards the king and his heirs and successors of all kinds of wastes, arrears of farms, tenths, fifteenths, charges, demands, and of any other charges whatsoever, belonging, owed, pertaining or falling due to the king or his progenitors or predecessors because of the possessions of the said church or prebend of Upavon or of the said chapel, or of any part of them, or to them, for all the past time before the date of the king's letters patent to be made of or on this present grant. And the king also grants and gives licence for himself and his heirs and successors to the abbot and convent of the said abbey and to their successors that they might grant and confirm, remit and release the said church or prebend of Upavon, with the said chapel, and with the portions, pensions, tithes, lands, tenements, and all other property, rights and possessions belonging or pertaining to them, and all their right, claim and title which they have therein to the said prior and convent and their successors; and the same king also grants and gives licence to the same prior and convent and to their successors that they might receive the said church or prebend with the said chapel, portions, pensions, tithes, lands, tenements, and all the other aforesaid property, rights and possessions from the abbot and convent of the said abbey at the time, to have and hold to the same prior and convent and to their successors forever, notwithstanding any statute or other thing published or made to the contrary, according to the effect and the contents of the said first schedule; provided that the said prior and convent and their successors will pay to the king and to his heirs forever tenths and other subsidies granted to them by the clergy of the province of Canterbury, and also the prests, charges and dues owed to the cathedral church of Salisbury by reason of the said church or prebend of Upavon, with the said chapel; and also that the same prior and convent and their successors shall cause a mass to be celebrated daily forever in their said priory for the well-being of the king and of his dearest mother Katherine, queen of England, during their lives, and for their souls when they are commended to God, and for the souls of his said father and of Lord Henry, his grandfather, and of Lord Richard the second since the conquest, former kings of England, and of others of the king's progenitors and ancestors, as long as the said prior and convent and their successors shall have and enjoy peaceful possession of the said church or prebend of Upavon with the said chapel and of their appurtenances, according to the effect of this grant thus made to them by the king. And if it happens that the same church or prebend of Upavon with the said chapel and the possessions, property and rights pertaining to them, [p. iv-183][col. a] as it is said, are removed from the said prior and convent or their successors, or that they are taken away by any lawful means, the king wills and grants, with the aforesaid assent, that the prior and convent of the said priory at the time may then fully and completely recover and regain to them and their successors the said pasture with the other aforesaid benefits held and used completely and peacefully by them and their predecessors in the said park, as mentioned above, with free ingress and egress, according to the contents of the aforesaid first schedule. And the king wills and grants, with the aforesaid assent, that the bond of release of all the aforesaid pasture and benefits which they have in the said park shall be delivered by the prior and convent of the said priory to the chancellor of England at the time for the use of the king, to be indented between the king and the same prior and convent, to be made in due form for them and their successors, and ensealed under their common seal according to the effect and the contents of the said third schedule; the same prior and convent shall have the king's letters patent to be made under his great seal in due form according to the effect and the tenor of the aforesaid first schedule, with the complete notwithstanding clause inserted in the same, which commences thus, the statute concerning lands and and tenements not to be put into mortmain, or any other statute, etc. to be put in the same letters patent; and with all the said clause, provided that the same prior and convent and their successors shall cause a mass to be celebrated daily forever in their said priory for the well-being of the king and of his dearest mother Katherine, queen of England, during their lives, and for their souls when they are commended to God, and for the souls of his said father and of Lord Henry, his grandfather, and of Lord Richard the second since the conquest, former kings of England, and of others of the king's progenitors and ancestors, as long as the said prior and convent and their successors shall have and enjoy peaceful possession of the said church or prebend of Upavon with the said chapel and of their appurtenances, according to the effect of this grant thus made to them by the king, to be translated into Latin and inserted in the said letters patent. And with the aforesaid assent the king wills and grants in addition to the said prior and convent for himself, his heirs and successors, that they shall also have of the king's gift, grant and assignment the advowson of the said church or prebend of Upavon with the said chapel of Charlton and with their appurtenances, which are called the priory of Upavon, in which church or prebend of Upavon a vicarage, and in the said chapel another vicarage, are endowed at present, and have been from of old, to have and hold to the said prior and convent and to their successors with the advowsons of the said vicarages of Upavon and Charlton in free, pure and everlasting alms; so that they themselves, with full and peaceful possession having been taken thereof by them, might appropriate the said church or prebend of Upavon with the abovesaid chapel of Charlton, and hold them thus appropriated for their own use to them and their aforesaid successors, according to the effect and the tenor of the said second schedule. And that the same prior and convent, after the said bond of release has been delivered by them to the said chancellor, as is mentioned above, shall have the king's letters patent to be made under his great seal in due form according to the effect and the tenor of the aforesaid first schedule, with the complete notwithstanding clause inserted in the same, which commences thus, the statute concerning lands and and tenements not to be put into mortmain, or any other, etc. And that the chancellor of England at the time, upon the delivery made to him of the said indented release of the said prior and convent shall cause the king's letters patent to be sealed with the other part of the same indented bond to be made in due form under the king's great seal. And the king also wills, with the aforesaid assent, that the [col. b] said prior and convent shall have the said three letters patent of the king for a fee to be paid to him for them only, upon which payment of this fee both the keeper of the hanaper of the king's chancery and the said prior and convent and their successors shall be quit and discharged towards the king of all the rest, and this by warrant of the king's privy seal to be made in this regard.
[memb. 5] This membrane has been numbered 7 on the roll.
Pro domina Katerina regina Anglie, matre domini nostri regis. On behalf of Lady Katherine, queen of England, the mother of our lord king.
40. Fait assavoir, q'une petition fuit baillez en ceste parlement, pur la treshonurable et tresnoble dame, Dame Katerine roigne d'Engleterre, et maere a nostre tressoverain seignur le roi, ovesqe une cedule consuit a mesme la petition, des queux petition et cedule les tenures cy ensuent: 40. Be it remembered that a petition was delivered in this parliament on behalf of the most honourable and most noble lady Lady Katherine, queen of England, and mother of our most sovereign lord the king, with a schedule sewn to the same petition, the tenors of which petition and schedule follow here:
A nostre tressoverain seignur le roi, et as seignurs espirtuelx et temporelx assemblez en ceste present parlement supplie Katerine roigne d'Engleterre: qe come en la treate de peas nadgairs concludez et accordez parentre les tresexcellentes et treschiers seigneurs, piere, et aiel, nostre seignur le roi q'orest en l'esglise de Seint Pier de Troys, le vintisme primer jour de May l'an del encarnation Nostre Seignur mile quatre centz et vingt, entre autres articles, estoit accordez en effect, qe la dite roigne prendroit et averoit dower en le dit roialme d'Engleterre, sicome roignes d'Engleterre, tanqe al dit vingt et primer jour de May, soloient prendre et avoir; c'est assavoir, tanqe al somme de .xlm. escutes, des queux deux toutdys serroient del value d'un noble Engleterre: les queux < peas treate, > conclusion, et accorde, et toutz les articles contenuz en ycelles, en le parlement du dit nadgairs roi Henry, tenuz a Westm', le secunde jour de May, l'an de son regne noefisme, par auctorite de mesme le parlement, furent approvez, loiez, auctorisez, et acceptez; (fn. iv-169-168-1) et les queux peas treate, [...] accorde, et conclusion, sibien le dit nadgairs roi soi a observer en toutz points, en parol roial, et les Seintes Evangelies de Dieu par luy personelment touchez, jura et promist, come les trois estates del dit roialme d'Engleterre, c'est assavoir, les prelates, nobles et grandes, par les communes de mesme le roialme d'Engleterre, eux, et chescun de eux, pur eux, lour heirs et successours, bien et loialment a toutz jours, qanqe a eux, et chescuny de eux appartient, a observer et perempler, en mesme le parlement promisterent; sicome en les recordes et acts de mesme le parlement, est contenuz pluis au plein; et qe la dite roigne riens n'ad unqore en douer, selonc la forme del conclusion et accorde suisditz. To our most sovereign lord the king, and to the lords spiritual and temporal assembled in this present parliament, Katherine, queen of England, petitions: whereas in the peace treaty recently concluded and agreed between the most excellent and dearest lords the father and grandfather of our present lord the king in the church of St Peter in Troyes, on 21 May 1420, it was agreed in effect among other articles that the said queen should receive and have dower in the said realm of England just as queens of England have been accustomed to receive and have until the said 21 May; that is, up to the sum of 40,000 knights' fees, of which two were always worth one English noble: which peace treaty, conclusion, and agreement, and all the articles contained therein, were approved, commended, authorised and accepted in the parliament of the said late King Henry held at Westminster on 2 May in the ninth year of his reign [1421], by the authority of the same parliament; (fn. iv-169-168-1) and which peace treaty, agreement and conclusion both the said late king himself, with him personally touching the Holy Gospels of God, swore and promised in regal words to observe in all points, and the three estates of the said realm of England, that is, the prelates, nobles and lords, themselves and each of them, promised in the same parliament on behalf of the commons of the same realm of England, for themselves, their heirs and successors, as much as it pertained to them and each of them to observe and carry out fully and faithfully forever; as is more fully contained in the records and acts of the same parliament; and that the said queen has still had nothing in dower according to the form of the aforesaid conclusion and agreement.
Please a nostre seignur le roi, del assent des seignurs suisditz, et les communes d'Engleterre, assembles en ceste present parlement, grantier par les lettres patentz mesme nostre seignur le roi, au dite suppliante, certeins possessions, et autres choses, contenuz en une cedule annexee a yceste petition, a avoir mesmes les possessions, et autres choses, au dite suppliante, a terme de sa vie, en parte de sa douer avantdite, selonc l'effecte et forme de mesme la cedule. May it please our lord the king, with the assent of the aforesaid lords and the commons of England assembled in this present parliament, to grant by the letters patent of our same lord the king to the said supplicant certain possessions and other things contained in a schedule attached to this petition, to have the same possessions and other things to the said supplicant for the term of her life as part of her aforesaid dower, according to the effect and form of the same schedule.
Rex omnibus ad quos etc. salutem. Sciatis quod cum in quodam pacis tractatu, inter excellentissimos et precarissimos dominos patrem et avum nostros concluso et concordato in ecclesia Beati Petri Trecen' vicesimo primo die Maii, anno Dominice incarnationis millesimo quadringentesimo vicesimo, inter ceteros articulos, fuerit concordatum, in effectu, quod Katerina regina Anglie, mater nostra precarissima, nuper consors predicti patris nostri, filia predicti avi nostri, et Isabelle nuper consortis sue, perciperet et haberet dotem, in dicto regno Anglie, prout regine Anglie, usque ad dictum vicesimum primum diem Maii, percipere et habere consueverunt, videlicet, usque ad summam [p. iv-184][col. a] quadraginta milium scutorum, quorum duo semper valerent unum nobile Anglicanum; qui quidem pax tractatus, conclusio, et concordia, omnesque articuli contenti in eisdem, in parliamento dicti patris nostri, apud Westm', secundo die Maii, anno regni sui nono tento, auctoritate ejusdem parliamenti approbati, laudati, auctorizati fuerunt, et acceptati. Et quos quidem pacem, tractatum, concordiam, et conclusionem, in omnibus suis articulis, tam dictus pater noster, in verbo regio, et ad Sancta Dei Evangelia per ipsum corporaliter tacta, se observaturi juravit et promisit, quam tres status dicti regni Anglie, videlicet, prelati et clerus, nobiles et magnates, ac communitates ejusdem regni Anglie, se et eorum quemlibet, pro se, heredibus et successoribus suis, bene et fideliter, quantum ad eos et eorum quemlibet pertinet, imperpetuum observaturi et impleturi, in eodem parliamento promiserunt, prout in rotulis, recordis, et actis ejusdem parliamenti plenius continetur. Nos, consideratione premissorum, de assensu dominorum spiritualium et temporalium, ac communitatis regni nostri Anglie, in presenti parliamento nostro existentium, de omnibus castris, honoribus, dominiis, villis, maneriis, commotis, comitatibus, feodi firmis, annualis redditibus, terris et tenementis, ac aliis possessionibus, que fuerunt predicti patris nostri, tam de corona, principalitate et ducatu Cornub', quam de hereditate comitatu Cestr', concessimus et assignavimus, prefate matri nostre regine Anglie, castra, honores, dominia, villas, maneria, commota, comitatus, feodi firmas, annuales redditus, terras et tenementa, ac alias possessiones subscriptas; videlicet, castrum de Ledes, ad valorem viginti et quatuor librarum, castrum et villam de Rouchestre, ad valorem quinquaginta et quinque librarum, in comitatu Kanc'; castrum et dominium de Hawardyn et Mohandesdale, ad valorem sexaginta et sex librarum, tresdecim solidorum, et quatuor denariorum, in Wallia; quendam annualem redditum viginti et trium librarum, sex solidorum, et octo denariorum, de ulnagio et subsidio pannorum venalium in civitate London', et quendam annuum redditum sexaginta librarum, de ulnagio et subsidio pannorum venalium in villa Bristoll' percipiendos per manus collectorum vel firmariorum eorumdem pro tempore existentium. Feodi firmam quinquaginta et trium librarum, sex solidorum, et octo denariorum, de castro et dominio de Mongomery et Belte in Wall', per manus comitis March', de corona nostra; commotum de Dynd', ultra centum solidos concessos Willelmo Halley, ad valorem triginta et quatuor librarum, duorum solidorum, et novem denariorum, et unius quadrantis; commotum de Talibolyon ad valorem sexaginta et sex librarum, octo solidorum, septem denariorum, unius oboli, et unius quadrantis; commotum de Lliwayn, ad valorem sexaginta librarum, undecim solidorum, trium denariorum, et inius oboli; commotum de Maltryth, ad valorem quadraginta et quinque librarum, novem solidorum, quinque denariorum, et unius oboli; commotum de Meney, una cum senescalcio de Meney, ad valorem centum librarum, et quatuordecim denariorum; villas de Kemmes et Neweburgh ad valorem quadraginta et septem librarum; castrum et villam de Beaumarys ad valorem triginta et novem librarum, duodecim solidorum, trium denariorum, unius oboli, et unius quadrantis; querrerarium molarium in commotum de Turkell ad valorem septem librarum; manerium de Aberfraway, cum molendino de Dyndr', ultra decem libras concessas Roberto Orell, ad valorem viginti et octo librarum, duodecim < solidorum, > et octo denariorum; senescalcium de Rosfair', ultra decem libras concessas Hugoni Orell, ad valorem sexaginta et sex solidorum, et octo denariorum; officium escaetoris, ultra decem marcas de feodo ejusdem escaetoris, ad valorem octo librarum, duorum solidorum, [col. b] et unius denarii; commotum de Turkell, et officium vicecomitis comitatu Anglesey, ultra feodum vicecomitis, et quandam annuitatem centum librarum, concessam Willelmo Haryngton' chivaler, ad valorem sexaginta et unius librarum, septem solidorum, undecim denariorum, et unius oboli, in insula de Anglesey in Northwallia. Que quidem commota, ville, castra, maneria, senescalcia, et officia, cum pertinentiis, ultra annuitates et onera predicta, ac quadraginta libras pro feodo constabularii predicti castri de Beaumarys, et ultra triginta et sex libras, et decem solidos, pro vadiis sex soldariorum, in eodem castro commorantium, annuatim percipiendos, valent de claro, quadringentas viginti et quinque libras, et quinque solidos, de principalite predicta. Honorem, castrum, et dominium de Walyngford, ultra quaterviginti et unam libras, novem solidos, et duos denarios, certis personis in annuitatibus concessos, ad valorem centum et octo librarum, decem et novem solidorum, et undecim denariorum, in comitatu Oxon'. Manerium de Reseburgh, ultra quadraginta libras Johanni Seint Johan chivaler, et viginti libras Johanni Clifford armigero, concessas, ad valorem viginti et unius librarum, tresdecim solidorum et quatuor denariorum, in comitatu Buk'. Manerium de Bekkeley, ad valorem triginta librarum, sex solidorum, et unius denarii. Manerium de Watlyngton, ultra novem libras, tresdecim solidos et quatuor denarios, certis personis in annuitatibus concessos, ad valorem viginti et septem librarum, undecim solidorum, et septem denariorum, in comitatu Oxon'. Manerium de Whittechirche, ad valorem viginti et trium librarum, in comitatu Cestr'. Manerium et villam de Newport, cum hameletto de Birhangre, ad valorem triginta librarum, in comitatu Essex'. Quingentas sexaginta et sex libras, et sexdecim denarios, de exitibus et reventionibus tam de tunagio stanni, quam de omnibus aliis proficuis ducatus et comitatum Cornub' et Devon' provenientibus < percipiendis > per manus generalis receptoris ibidem pro tempore existentis, ad terminos Sancti Michaelis et Pasche, per equales portiones, in comitatibus Cornub' et Devon'. Manerium et burgum de Bradenassh', alias vocatum Bradenynch', cum proficuis provenientibus de officio feodarii ibidem, ad valorem centum librarum, et duodecim solidorum, in eodem comitatu Devon'. Manerium de Kirton' cum membris, ultra centum sexaginta et tres libras, sex solidos, et octo denarios, certis personis in annuitatibus concessos, ad valorem quaterviginti et tresdecim librarum, sex solidorum, et octo denariorum, in comitatu Lincoln', de dicto ducatu Cornub'. Mineram de Ewelowe, ad valorem viginti et duarum librarum, tresdecim solidorum, et quatuor denariorum; castrum et villam de Rothelane, ad valorem quadraginta et duarum librarum, duodecim solidorum, et duorum denariorum; castrum et villam de Flynt, ad valorem quadraginta et sex librarum, trium solidorum, et quatuor denariorum; villam de Colshull, ad valorem sexaginta solidorum; villam de Baghegre, cum molendino ibidem, ad valorem novem librarum, et quatuor solidorum; villam de Waynoll, ad valorem centum solidorum; villam de Kayrus, cum molendino ibidem, ad valorem duodecim librarum; villam de Moston, ultra tresdecim libras, sex solidos et octo denarios concessos Johanni Chittewynd, ad valorem sex denariorum; manerium et dominium de Englefeld, ultra centum solidos de feodo escaetoris, et quadraginta et quinque solidos, duos denarios, et unum obolum, resolutos Nicholao Saxton, ad valorem quadraginta et quinque librarum, quinque solidorum, trium denariorum, et unius oboli; comitatus de Flynt, ultra centum et tres solidos, et quatuor denarios, de feodo escaetoris ejusdem comitatus, ad valorem septem librarum, septem solidorum, duorum denariorum, et unius oboli; officium vicecomitis ibidem, ultra [p. iv-185][col. a] viginti et unam libras de feodo ejusdem vicecomitis, viginti marcas concessas Nicholao Holand, et quadraginta et duos solidos, et unum denarium de redditu resoluto Nicholao Saxton, ad valorem centum et quinque librarum, et duodecim denariorum, in comitatu de Flynt in Wallia: que quidem minera, castrum, ville, manerium, dominium, commota et officia, ultra annuitates, feoda et redditus predictos, et ultra sexaginta libras in feodis duorum constabulariorum dictorum castrorum de Rothelane et Flynt, annuatim percipiendas, valent de claro, ducentas triginta et octo libras, sex solidos, et octo denarios. Hundredum de Makesfeld, cum membris et pertinentiis suis, ultra quaterviginti et tres libras, et decem denarios, diversis personis in annuitatibus concessos, ad valorem sexaginta et sex librarum, quinque solidorum, quatuor denariorum, et unius oboli, in comitatu Cestr', de dicta hereditate comitatu Cestr'. Habendum, tenendum et percipiendum eidem matri nostre, omnia predicta castra, honores, dominia, commota, comitatus, feodi firmas, annuales redditus, terras, tenementa et possessiones, ac alia premissa, cum omnibus membris et pertinentiis suis, simul cum hameletto, feodis militum, advocationibus ecclesiarum, abbatiarum, prioratuum, decanatuum, collegiorum, capellarum, cantariarum, hospitalium, et quarumcumque domorum religiosarum; wardis, maritagiis, releviis, escaetis, foris, mercatis, libertatibus, liberis consuetudinibus, franchesiis, regalitatibus, regaliis, retornis brevium, ac aliorum mandatorum nostrorum et heredum nostrorum, et executionibus eorumdem, exitibus, finibus et amerciamentis, forestis, chaceis, parcis, boscis, pratis, pascuis, pasturis, warennis, vivariis, stagnis, piscariis, molendinis, moris, mariscis, reversionibus tam de terris et tenementis tentis in dotem, quam de terris et tenementis tentis ad terminum vite, vel annorum; et omnibus aliis reversionibus, tam de liberis tenentibus quam de nativis; et omnibus aliis pertinentiis eisdem castris, honoribus, dominiis, commotis, comitatibus, feodi firmis, annualibus redditibus, terris, tenementis et possessionibus, quocumque modo specantibus sive pertinentibus, a tempore mortis predicti patris nostri; una cum exitibus, redditibus, firmis et proficuis quibuscumque, de castris, honoribus, villis, commotis, comitatibus, feodi firmis, annualibus redditibus, terris, tenementis et possessionibus predictis, ac aliis premissis, a tempore predicto perceptis et provenientibus, adeo libere et integre, sicut nos ea haberemus seu habere debuissemus, si ea in manibus nostris tenuissemus, ad terminum vite prefate matris nostre, in partem dotis ipsius matris nostre, et in partem deductionis predicte summe, quadraginta milium scutorum predictorum. Et ulterius, de assensu predicto, concessimus eidem matri nostre, duo milia, ducentas, et quaterviginti et quatuordecim libras, decem et octo solidos, unum denarium, et unum obolum, percipiendos singulis annis a tempore mortis predicti patris nostri ad scaccarium nostrum et heredum nostrorum, de primis denariis provenientibus, tam de profris vicecomitum et escaetorum, ad receptam scaccarii nostri predicti, quam de omnibus aliis proficuis et reventionibus quibuscumque, ad idem scaccarium nostrum solvendos, per manus thesaurarii Anglie pro tempore existentis, ad terminos Sancti Michaelis et Pasche, per equales portiones. Habendum, una cum ceteris castris, maneriis, terris et tenementis, ac aliis possessionibus, de ducatu nostro Lancastrie, et hereditate nostra Hereford' et Essex', eidem ducatui nostro annexis, prefate matri nostre, per litteras nostras patentes, sub sigillo nostro ducatus predicti, in partem satisfactionis dotis sue predicte. Habendum confectas specificatas in plenam satisfactionem ejusdem dotis sue, ac dicte summe quadraginta milium scutorum supradictorum, quousque nos, vel heredes nostri, eidem matri nostre, de terris, tenementis, redditibus ac [col. b] aliis possessionibus, ad valorem predictorum duorum milium, ducentarum, quaterviginti et quatuordecim librarum, decem et octo solidorum, unius denarii, et unius oboli per annum, infra regnum nostrum Anglie, nomine dotis sue, seu alias ad terminum vite sue, habendum fecerimus provideri. Volentes insuper, et de assensu predicto concedentes, quod quandocumque aliqua persona personarum predictarum, cui aliqua hujusmodi annuitatum ut predictum est concessa fuerat decesserit, tunc eadem mater nostra de annuitate illa penitus exoneretur, et eam habeat et retineat, in manibus suis, in partem deductionis dictorum duorum milium, ducentarum, quaterviginti et quatuordecim librarum, decem et octo solidorum, unius denarii, et unius oboli. Et insuper, quod prefata mater nostra, de terris, tenementis, redditibus et possessionibus, que primitus in manus nostras, seu heredum nostrorum, devenerint seu acciderint, per nos, et dictos heredes nostros, in deductionem et satisfactionem predictorum duorum milium, ducentarum, quaterviginti et quatuordecim librarum, decem et octo solidorum, unius denarii, et unius oboli, tenendorum in dotem suam predictam, provideatur et recompensetur. Et quod eadem mater nostra, habeat tot et talia brevia de liberate currant et allocate dormant, ac alia brevia et waranta, quot et qualia ei in hac parte, pro solutione summarum sibi, ut premittitur, concessarum et assignatarum, et pleniori executione premissorum, necessaria fuerint et oportuna. Et quod cancellarius noster Anglie, ac custos privati sigilli nostri, et heredum nostrorum predictorum, pro tempore existentes, brevia et waranta illa, de tempore in tempus, quandocumque et quotienscumque, ex parte prefate matris nostre, rationabiliter fuerint requisiti, tenore presentium, fieri faciant indilate. In cujus etc. Teste rege apud Westm', .ix. die Novembris, anno regni sui primo. The king to all to whom, etc. Know that whereas in certain peace treaty concluded and agreed between the most excellent and very dear lords our father and grandfather in the church of St Peter, Troyes, on 21 May 1420, it was agreed in effect among certain articles that Katherine queen of England, our very dear mother, late consort of our said father, daughter of our aforesaid grandfather and Isabel, previously his consort, should receive and have dower in the said realm of England just as queens of England have been accustomed to receive and have until the said 21 May, that is, up to the sum [p. iv-184][col. a] of 40,000 knight's fees, of which two were always worth one English noble; which peace treaty, conclusion and agreement, and all the articles contained therein, were approved, commended, authorised and accepted in the parliament of our said father held at Westminster on 2 May in the ninth year of his reign, by the authority of the same parliament. And which peace treaty, agreement and conclusion, both our said father himself, with him physically touching the holy gospels, swore and promised in his own kingly words to observe in all their articles, and the three estates of the said realm of England, that is, the prelates and clergy, the nobles and lords, and the commons of the same realm of England, themselves and each of them, promised in the same parliament for themselves, their heirs and successors, to observe forever and carry out fully and faithfully, as much as it pertained to them and each of them, as is more fully contained on the rolls, records and acts of the same parliament. We, by consideration of the foregoing, with the assent of the lords spiritual and temporal and of the commons of our realm of England assembled in our present parliament, have granted and assigned all the castles, honours, lordships, towns, manors, commotes, counties, fee-farms, annual rents, lands and tenements, and other possessions which belonged to our aforesaid father, both of crown, the principality and the duchy of Cornwall and of our inheritance in Cheshire, to our aforesaid mother, queen of England, the castles, honours, lordships, towns, manors, commotes, counties, fee-farms, annual rents, lands and tenements, and other possessions written below; that is, Leeds castle worth £24, the castle and town of Rochester in Kent worth £55, the castle and lordship of Hawarden and Mold in Wales worth £66 13 s. 4 d.; a certain annual rent of £23 6 s. 8 d. from the alnage and subsidy of venial cloth in the city of London, and a certain annual rent of £60 from the alnage and subsidy of venial cloth in the town of Bristol, to be received by the hands of the collectors or farmers of the same at the time. The fee-farm of £53 6 s. 8 d. from the castle and lordship of Montgomery and Belte in Wales of our crown by the hands of the earl of March; the commote of Dynd' , besides 100 s. granted to William Halley, worth £34 2 s. 9 d. farthing; the commote of Talybont worth £66 8 s. 7 d. halfpenny farthing; the commote of Llwyn worth £60 11 s. 3 d. halfpenny; the commote of Maltraeth worth £45 9 s. 5 d. halfpenny; the commote of Menai, together with the seneschalry of Menai, worth £100 and 40 d.; the towns of Cemaes and Newborough worth £47; the castle and town of Beaumaris worth £ 39 12 s. 3 d. halfpenny farthing; the millstone quarry in the commote of Turkell worth £7; the manor of Aberffraw, with the mill of Dyndr' , besides £10 granted to Robert Orell, worth £28 12 s. 8 d.; the seneschalry of Rhosfawr, besides £10 granted to Hugh Orell, worth 66 s. 8 d.; the office of eschaetor, besides 10 marks for the fee of the same escheator, worth £8 2 s. [col. b] 1 d.; the commote of Turkell, and the office of sheriff in the county of Anglesey, besides the fee of the sheriff and an annuity of £100 granted to William Harington, knight, worth £61 7 s. 11 d. halfpenny, on the island of Anglesey in North Wales. Which certain commotes, towns, castles, manors, seneschalries and offices, with their appurtenances, besides the aforesaid annuities and charges, and £40 for the fee of the constable of the aforesaid Beaumaris castle, and besides £36 10 s. for the wages of six soldiers remaining in the same castle, to be received annually, are worth £425 5 s. net from the aforesaid principality. The honour, castle and lordship of Wallingford in the county of Oxford worth £108 19 s. 11 d., besides £81 9 s. 2 d. granted in annuities to certain persons. The manor of Riseborough in the county of Buckingham worth £21 13 s. 4 d., besides £40 granted to John St John, knight, and £20 granted to John Clifford, esquire. The manor of Beckley worth £30 6 s. 1 d. The manor of Watlington in the county of Oxford worth £27 11 s. 7 d., besides £9 13 s. 4 d. granted in annuities to certain persons. The manor of Whitchurch in Cheshire worth £23. The manor and town of Newport, with the hamlet of Birchanger, in Essex worth £30. £566 16 d. from the issues and revenues from both the tonnage on tin and from all other profits issuing from the duchy and counties of Cornwall and Devon to be received through the hands of the receiver-general there at the time in the counties of Cornwall and Devon in equal parts at the terms of Michaelmas and Easter. The manor and borough of Bradnash, otherwise called Bradninch, with the profits issuing from the office of feodary there in the same county of Devon worth £100 12 s. The manor of Kirkton with its members in the county of Lincoln worth £93 6 s. 8 d., besides £163 6 s. 8 d. granted in annuities to certain persons from the said duchy of Cornwall. The mine of Ewloe worth £22 13 s. 4 d.; the castle and town of Rhuddlan worth £42 12 s. 2 d.; the castle and town of Flint worth £46 3 s. 4 d.; the town of Coleshill 60 s.; the town of Bagillt with the mill there worth £9 4 s.; the town of Waen worth 100 s.; the town of Caerwys with the mill there worth £12; the town of Mostyn worth 6 d., besides £13 6 s. 8 d. granted to John Chetwynd; the manor and lordship of Englefield worth £45 5 s. 3 d. halfpenny, besides 100 s. for the fee of the escheator, and 45 s. 2 d. halfpenny of [rent] resolute to Nicholas Saxton; the county of Flintshire worth £7 7 s. 2 d. halfpenny, besides 103 s. 4 d. for the fee of the escheator of the same county; the office of sheriff there worth £105 12 d., besides [p. iv-185][col. a] £21 for the fee of the same sheriff, 20 marks granted to Nicholas Holand, and 42 s. 1 d. of rent resolute to Nicholas Saxton, in the county of Flint in Wales: which certain mine, castles, towns, manor, lordship, commotes and offices, besides aforesaid annuities, fees and rents, and besides £60 for the fees of the two constables of the said castles of Rhuddlan and Flint, to be received annually, are worth £238 6 s., 8 d. net. The hundred of Macclesfield with its members and appurtenances in Cheshire worth £66 5 s. 4 d. halfpenny, besides £83 10 d. granted in annuities to various persons, from our said inheritance in Cheshire. To have, hold and receive to our same mother all the aforesaid castles, honours, lordships, commotes, counties, fee-farms, annual rents, lands, tenements and possessions, and the other aforementioned things, with all their members and appurtenances, together with the hamlet, knights' fees, advowsons of churches, abbeys, priories, deaneries, colleges, chapels, chantries, hospitals and any other religious houses; wardships, marriages, reliefs, escheats, fairs, markets, liberties, free customs, franchises, regalities, prerogatives, returns of writs and of our other mandates and those of our heirs and the execution of the same, issues, fines and amercements, forests, chases, parks, woods, meadows, feeding-pastures, pastures, warrens, livestock, pools, fisheries, mills, moors, marshes; reversions of both lands and tenements held in dower and of lands and tenements held for a term of life or of years, and all other reversions from both free tenants and from neifs; and all other appurtenances belonging or pertaining in any way to the same castles, honours, lordships, commotes, counties, fee-farms, annual rents, lands, tenements and possessions from the time of the death of our aforesaid father; together with any issues, rents, farms and profits received and issuing from the aforesaid castles, honours, towns, commotes, counties, fee-farms, annual rents, lands, tenements and possessions, and the other aforementioned things, from the aforesaid time, as freely and completely as we would have held or might have held them if we had held them in our hands, for the term of life of our aforesaid mother, as part of the dower of our mother herself, and in part deduction of the aforesaid sum of 40,000 knights' fees. And in addition, with the aforesaid assent, we have granted £2,294 18 s. 1 d. halfpenny to our same mother to be received each year from the time of the death of our aforesaid father at our exchequer and that of our heirs, in equal parts at the terms of Michaelmas and Easter, from the first money issuing from both the proffers of sheriffs and escheators at the receipt of our aforesaid exchequer and from all other profits and revenues whatsoever to be paid into our same exchequer by the hands of the treasurer of England at the time. To have, together with the other castles, manors, lands and tenements, and other possessions of our duchy of Lancaster and of our inheritance in Herefordshire and Essex annexed to our same duchy, to our aforesaid mother by our letters patent under our seal of the aforesaid duchy in part satisfaction of her aforesaid dower. To have the specified provisions in full satisfaction of her same dower and the said sum of the abovesaid 40,000 knights' fees until we or our heirs have caused lands, tenements, rents and [col. b] other possessions to the value of the aforesaid £2,294 18 s. 1 d. halfpenny a year to be provided to our same mother in our realm of England in the name of her dower, or to be held elsewhere for the term of her life. Willing moreover and granting with the aforesaid assent that whenever any person of the aforesaid persons to whom any such annuity, as is aforesaid, was granted dies, then our same mother shall be completely discharged of that annuity, and she shall have and retain it in her hands, in part deduction of the said £2,294 18 s. 1 d. halfpenny. And further, that our aforesaid mother shall be provided and recompensed by us and our said heirs from the lands, tenements, rents and possessions which shall first come or fall into our hands or those of our heirs in deduction and satisfaction of the aforesaid £2,294 18 s. 1 d. halfpenny to be held in her aforesaid dower. And that our same mother shall have as many and such writs of liberate currant and allocate dormant, and as many and such other writs and warrants which will be necessary or suitable for her in this regard for the payment of the sums granted and assigned to her, as mentioned above, and in full execution of the foregoing. And that by the tenor of the present letters our chancellor of England and the keeper of our privy seal and those of our aforesaid heirs at the time shall cause those writs and warrants to be made without delay from time to time whenever and as often as they will be reasonably requested on behalf of our aforesaid mother. In [witness] of which, etc. Witnessed by the king at Westminster, 9 November, in the first year of his reign.
Les queux petition et cedule, ore consuitz a ceste roll de parlement, leeuz et bien entenduz en ceo mesme parlement, le roi, del assent des seignurs espirtuelx et temporelx, et auxi de les communes assemblez en le mesme, voet et grante, qe la dite roigne sa maere, de toutz les chasteux, honures, seignuries, villes, manoirs, commotes, countees, fee fermes, rents annuelx, terres, tenements, et autres possessions, queux furent a le tresgracious roi Henry son piere, sibien de la corone d'Engleterre, principaltee de Gales, et duchee de Cornewaille, come del enheritance del countee de Cestre; ait, teigne, et pregne, del grante du roi, et de son assignement, en partie del dowement de mesme sa maere, pur terme de sa vie; trestoutz les chasteux, honures, seignuries, villes, manoirs, commotes, countees, fee fermes, rents annuelx, terres, tenements et possessions, expressez par certeins nons en la dite cedule, et selonc les values annuelx en mesme la cedule especifiez, ove lour membres et appurtenances, et ovesqe les hamelettes, fees des chivalers, advoesons des esglises, abbeies, priories, deanees, colleges, chapelles, chanteries, hospitalx, et de toutz maners des maesons de religion, gardes, mariages, releves, eschetes, fores, merches, libertees, franc custumes, franchises, regalitees, regalies, retournes des brieves, et autres mandements de roi, et de ses heirs, et executions de les mesmes, issues, fines et amerciaments, forestes, chaces, parcs, bois, prees, pastures, garennes, vivaers, stagnes, pescheries, molins, mores, mareies et toutz autres choses a mesmes les chasteux, honures, seignuries, commotes, countees, fee fermes, rents annuelx, terres, tenements et possessions, en qeconqe manere regardantz ou appurtenantz, del temps del moriant le tresgracious roi Henry, piere a nostre dit soverain seignur, nadgairs seignur, et mari a sa dite maere; ovesqe les issues, rents, fermes et profits qeconqes des ditz chasteux, honures, seignuries, commotes, countees, fee fermes, rents annuelx, [p. iv-186][col. a] terres, tenements et possessions suisditz, et autres premisses, de mesme le temps receux et provenantz; forsprises toutz maners reversions, sibien des terres et tenements tenuz en doair, come des terres et tenementz tenuz a terme de vie, ou d'ans, et toutz autres reversions, sibien de francs tenaunts come de naeves, as ditz chasteux, honures, seignuries, villes, manoirs, commotes, countees, fee fermes, rents annuelx, terres, tenements et possessions, regardants ou appurtenantz; supportant la dite roigne trestoutz les charges d'annuitees, et d'autres choses en la dite cedule especifiez. Et qe mesme la roigne ait, del assent avantdit, lettres patentz du roi, affairez en due fourme, desoutz son graunde seal, de la date del .ix. jour de Novembre, l'an de son regne primer, sibien de les dites grante et assignement de doair, selonc l'effect et la contenue de mesme la cedule, forsprises les reversions avant forsprisez, come de tout ceo q'est compris en ceste present acte de parlement cy ensuant, et selonc l'effect et le tenure de mesme l'acte, c'est assavoir, qe s'il aveigne, qe ascuns des ditz chasteux, honures, seignuries, villes, manoirs, commotes, countees, [memb. 4][editorial note: This membrane has been numbered 6 on the roll.] fee fermes, rents annuelx, terres, tenements ou possessions, ou autres choses avantditz, issint assignez en douement au dite roigne, par le roi, ou ascun parcell d'icelles, soient ou soit evictz ou recoverez, hors des mains mesme la roigne, adonqes ait ele, du grante du roi, del assent avantdit, due recompense et satisfaction, pur cell chose issint evict ou recoverez, purveu qe de toutz les reversions especifiez en la dite cedule soit exception fait, en les lettres patentz issint affairez a la dite roigne, del grante et assignement de doair avantditz. Et purveu toutz voies, qe nully par vertue des ditz grante et assignement en doair, ne par force de ceste acte de parlement, soit forclos ou barree de son droit, title, claym, possession, action ou demande, q'il ad, ou clayme, ou demande d'avoir, en les ditz chasteux, seignuries, villes, manoirs, commotes, countees, fee fermes, rents annuelx, terres, tenements, possessions, services, fees, avoesons, annuitees, offices, gardes des forestes, chaces, parcs ou garennes, ou en autres choses qeconqes, contenuz en les dites lettres patentz du roi, affairez sur les grante et assignement de doair avantditz. Et salvez auxi a toutz maners persons, et a chescun de eux, toutz lour annuitees, fees et profits, issantz des chasteux, seignuries, villes, manoirs, commotes, countees, fee fermes, rents annuelx, terres, tenements, services et possessions suisditz, ou d'ascun parcell d'icelles, aiantz et claimantz ent annuitees, fees et profits, a eux et lour heirs, pur terme de lour vies, ou d'autre vie, del grante del dit roi Henry le piere, ses auncestres, progenitours, ou predecessours, ou d'ascun de eux, par lour lettres patentz, queux sont bones et vaillables en leie. Et salvez auxibien a toutz persones, et a chescun de eux, toutz maners d'offices, gardes des forestes, chaces, parcs et garennes, claymantz ycelles offices ou gardes en fee pur terme de sa vie, ou d'autre vie, par vertue d'ascun des grantes suisditz, par autiels lettres vaillables en leie come dessuis est dit, come as fermers lour possessions de lour fermes de ou en ascun des choses suisditz, ou de parcell d'icelles, aiantz ou claymantz lour ditz fermes, par vertue d'ascuny des grantes suisdites, par fait vaillable en leie, ou d'ascun de lour officers par rolles des courtes, les grantes et affirmations des dites lettres patentz de douement par auctorite de parlement, non obstantz. Et outre ceo, qe la dite roigne ait et receive du grante du roi, par ses dites lettres patentz, deux .m., deux centz, quatrevints et quatorsze livers, dys et oept souldes, un denier et un maille, apprendrerz chescun an del temps de moriant son dit piere al'escheker du roi, et de ses heirs, des primers deniers provenantz, sibien des profres des visconts et eschetours a la receite de son dit escheker, come de toutz autres profits et reventions, a paierz a [col. b] mesme l'escheker, par les mains del tresorer d'Engleterre pur le temps esteant, as termes de Seint Michell, et Pask, par oueles portions; a avoirz, ensemblement ove certeins chasteux, manoirs, terres, tenements, et autres possessions, de son duchee de Lancastre, et de son enheritance de Hereford et Essex, annexez a mesme le duchee, especifiez en les lettres patentz du roi, soutz son seal du dit duchee, ent affairz au dite roigne, en plein satisfaction de sa doair, et de la somme de quarant .m. scutes, dont deux toutdis vailleront un noble, tanqe le roi ou ses heirs ait ou aient purveu au dite roigne, des terres, tenements, rents, et autres possessions, a la value des ditz deux .m., deux centz, quatre vintes, et quatorsze livers, dys et oept souldes, un denier, et un maille, par an, dedeinz le roialme d'Engleterre; a avoirz en non de doair, ou autrement a terme de vie, selonc l'effect et la contenue de la suisdite cedule. Et voet le roi auxi, del assent avantdit, et graunte, qe a quell hoeure ascun persone, a qi ascune annuitee, apprendre et avoir des chasteux, honures, seignuries, villes, manoirs, commotes, countees, fee fermes, rents annuelx, terres, tenements ou possessions suisditz, issint assignez en douement, come en la dite cedule mention est fait, soit grantez, devie, adonqes foit la dite roigne, de mesme l'annuite deschargez, et mesme l'annuite ait et reteigne en ses mains, en partie de deduction des ditz deux .m. deux centz, quatre vintes, et quatorsze livers, dys et noef [sic] souldes, un denier et un mail. Et outre ceo, qe mesme la roigne, des terres, tenements, rents et possessions, queux primerement as mains du roi, ou de ses heirs, cherront ou deviendront, soit purveu et recompensee par le dit roi, et ses ditz heirs, en deduction et satisfaction de les ditz deux .m., deux centz, quatre vintes, quatorsze livers, dys et noef [sic] souldes, un denier et un maille, a tenir en sa doair avantdite. Et qe mesme la roigne ait atantz et tieux des brieves de liberate currant et allocate dormant, et autres brieves et garants, qantz et queux a dite roigne cell partie, pur la paiement des sommes a ele grauntez et assignez, come dessuis, et pur la pluis plener execution de les premisses, soient necessaries et bosoignables. Et qe le chanceller d'Engleterre, et le gardein du prive seal du roi, et de ses heirs, pur le temps esteantz, facent estre faitz autieux brieves et garants, de temps en temps, a quell hoeures, et atant de foitz ils soient resonablement requis de part la roigne dessuisdite, et ceo selonc l'effect et la contenue de la cedule avantdite. Which petition and schedule, now sewn to this roll of parliament, having been read and fully understood in this same parliament, the king, with the assent of the lords spiritual and temporal, and also of the commons assembled in the same, wills and grants that the said queen his mother shall have, hold and receive from the king's grant and from his assignment all the castles, honours, lordships, towns, manors, commotes, counties, fee-farms, annual rents, lands, tenements and other possessions which belonged to the most gracious King Henry his father, of both the crown of England, the principalty of Wales, and the duchy of Cornwall, and of the inheritance of Cheshire, as part of the dower of his same mother, for the term of her life; all the castles, honours, lordships, towns, manors, commotes, counties, fee-farms, annual rents, lands, tenements and possessions mentioned in the said schedule by certain names, and according to the annual values specified in the same schedule, with their members and appurtenances, and with the hamlets, knights' fees, advowsons of churches, abbeys, priories, deaneries, colleges, chapels, chantries, hospitals, and of all kinds of religious houses, wardships, marriages, reliefs, escheats, fairs, markets, liberties, free customs, franchises, regalities, prerogatives, returns of writs and of other mandates of the king and of his heirs and executions of the same, issues, fines and amercements, forests, chases, parks, woods, meadows, pastures, warrens, livestock, pools, fisheries, mills, moors, marshes and all other things belonging or pertaining in any way to the same castles, honours, lordships, commotes, counties, fee-farms, annual rents, lands, tenements and possessions at the time of the death of the most gracious King Henry, father of our said sovereign lord, late lord and husband of his said mother; with any issues, rents, farms and profits received or issuing from the said castles, honours, lordships, commotes, counties, fee-farms, annual rents, [p. iv-186][col. a] lands, tenements and aforesaid possessions, and the other aforementioned things for the same time; except for all kinds of reversions of both lands and tenements held in dower and of lands and tenements held for a term of life or of years, and all other reversions both of free tenants and of neifs, belonging or pertaining to the said castles, honours, lordships, commotes, counties, fee-farms, annual rents, lands, tenements and possessions; the said queen supporting all the charges of annuities and the other things specified in the said schedule. And that with the aforesaid assent the same queen shall have the king's letters patent to be made in due form under his great seal with the date 9 November, in the first year of his reign, of both the said grant and assignment of dower, according to the effect and the contents of the same schedule, save for the reversions excepted above, and of all that which is contained in this present act of parliament following here, and according to the effect and the tenor of the same act, that is to say, that if it happens that any of the said castles, honours, lordships, towns, manors, commotes, counties, [memb. 4][editorial note: This membrane has been numbered 6 on the roll.] fee-farms, annual rents, lands, tenements or possessions, or the other aforesaid things, or any part of them, thus assigned in dower to the said queen by the king shall be taken away or recovered from the hands of the same queen, then she shall have due recompense and satisfaction by the king's grant, with the aforesaid assent, for that thing thus taken away or recovered, provided that exception shall be made in the letters patent thus to be made to the said queen of the aforesaid grant and assignment of dower of all the reversions specified in the said schedule. And provided always that no-one by virtue of the said grant and assignment of dower, nor by force of this act of parliament, shall be foreclosed or barred of his right, title, claim, possession, action or demand which he has or claims or demands to have in the said castles, lordships, towns, manors, commotes, counties, fee-farms, annual rents, lands, tenements, possessions, services, fees, advowsons, annuities, offices, keeperships of forests, chases, parks or warrens, or in any other thing contained in the king's said letters patent to be made on the aforesaid grant and assignment of dower. And saving also to all manner of persons, and to each of them, all their annuities, fees and profits issuing from the aforesaid castles, lordships, towns, manors, commotes, counties, fee-farms, annual rents, lands, tenements, services and possessions, or from any part of them, who have and claim annuities, fees and profits thereupon, to them and their heirs, for the term of their lives or of the life of another, of the grant of the said King Henry the father, his ancestors, progenitors, or predecessors, or of any of them, by their letters patent which are good and valid in law. And saving also to all persons, and to each of them, all manner of offices, keeperships of forests, chases, parks and warrens, who claim those offices or keeperships in fee for a term of their life, or of the life of another, by virtue of any of the aforesaid grants by other letters valid in law, as is said above, and to the farmers their possession of their farms of or in any of the aforesaid things, or of part of them, who have or claim their said farms by virtue of any of the aforesaid grants by deeds valid in law, or of any of their officers by court rolls, notwithstanding the grants and confirmations of the said letters patent of dower by the authority of parliament. And in addition, that the said queen shall have and receive £2,294 18 s. 1 d. halfpenny of the grant of the king by his said letters patent to be received each year from the time of the death of his said father at the exchequer of the king and that of his heirs, in equal parts at the terms of Michaelmas and Easter, from the first money issuing from both the proffers of sheriffs and escheators at the receipt of his said exchequer and from all other profits and revenues to be paid into [col. b] the same exchequer by the hands of the treasurer of England at the time; to have, together with certain castles, manors, lands, tenements and otheve and retain the same annuity in her hands, in part deduction of the said £2,294 19 s. 1 d. halfpenny. And further, that the same queen shall be provided and recompensed by the said king and his said heirs from the lands, tenements, rents and possessions which shall first come or fall into the king's hands or those of his heirs in deduction and satisfaction of the said £2,294 19 s. 1 d. halfpenny to be held in her aforesaid dower. And that the same queen shall have as many and such writs of liberate currant and allocate dormant, and as many and such other writs and warrants which will be necessary or suitable for the said queen in this regard for the payment of the sums granted and assigned to her, as mentioned above, and for the full execution of the foregoing. And that the chancellor of England and the keeper of our privy seal of the king and of his heirs at the time shall cause those writs and warrants to be made without delay from time to time whenever and as often as they will be reasonably requested on behalf of the aforesaid queen, and this according to the effect and contents of the aforesaid schedule.
Pro eadem regina. On behalf of the same queen.
Item, fait assavoir, q'une autre petition fuit baillez en ceo mesme parlement, pur la dite roigne, ovesqe une cedule consuit a mesme la petition, des queux petition et cedule les tenures cy ensuent: Item, be it remembered that another petition, with a schedule sewn to the same petition, was delivered in this same parliament on behalf of the said queen, the tenors of which petition and schedule follow here:
A nostre tressoverain seignur le roi et as seignurs espirtuelx et temporelx assembles en ceste present parlement supplie Katerine roigne d'Engleterre: qe come en la treate de peas nadgairs concludez et accordez, parentre les tresexcellentes et treschiers seigneurs, piere, et aiel, nostre seignur le roi q'ore est en l'esglise de Seint Piere de Troys, le vintisme primer jour de May l'an del encarnation Nostre Seignur .m. quatre centz et vingt, entre autres articles, estoit accordez en effect, qe la dite roigne prendroit et averoit douer en le dit roialme d'Engleterre, sicome roignes d'Engleterre tanqe al dit vingt et primer jour de May soloient prendre et avoir; c'est assavoir, tanqe al somme de .xl. .m. escutes, des queux deux toutdys serroient del value d'un noble d'Engleterre; les queux peas treate, conclusion et accorde, et toutz les articles contenuz en ycelles, en le parlement du dit nadgairs roi Henry tenuz a Westm' le seconde jour de May, l'an de son regne noesisme, par auctorite de mesme le parlement approvez, loiez, auctorisez et acceptez; et les queux peas treate, accorde et [p. iv-187][col. a] conclusion, sibien le dit nadgairs roi soi a observer en toutz points, en parol roial, et les Seints Evangelies de Dieu par luy personelment touchez, jura et promist, come les trois estates del dit roialme d'Engleterre, c'est assavoir les prelats, nobles, et grandes, par les communes de mesme le roialme d'Engleterre, eux, et chescun de eux, pur eux, lour heirs et successours, bien et loialment a toutz jours, qanqe a eux, et chescuny de eux appartient, a observer et perempler, en mesme le parlement promisterent; sicome en les recordes et acts de mesme le parlement est contenuz pluis au plein; et qe la dite roigne riens n'ad unqore en douer, selonc la fourme del conclusion et accorde suisditz. To our most sovereign lord the king and to the lords spiritual and temporal assembled in this present parliament Katherine, queen of England, beseeches: whereas in the peace treaty recently concluded and agreed between the most excellent and dearest lords the father and grandfather of our present lord the king in the church of St Peter, Troyes, on 21 May 1420, among other articles it was agreed in effect that the said queen should receive and have dower in the said realm of England, just as queens of England have been accustomed to receive and have until the said 21 May; that is, up to the sum of 40,000 knights' fees, of which two were always worth one English noble; which peace treaty, conclusion, and agreement, and all the articles contained in them, were approved, commended, authorised and accepted in the parliament of the said late King Henry held at Westminster on 2 May, in the ninth year of his reign, by the authority of the same parliament; and which peace treaty, agreement and [p. iv-187][col. a] conclusion both the said late king himself, and with him personally touching the Holy Gospels of God, swore and promised in regal words to observe in all points, and the three estates of the said realm of England, that is, the prelates, nobles and lords themselves, and each of them promised in the same parliament on behalf of the commons of the same realm of England, for themselves, their heirs and successors, as much as it pertained to them and each of them to observe and carry out fully and faithfully forever; as is more fully contained in the records and acts of the same parliament; and that the said queen has still had nothing in dower according to the form of the aforesaid conclusion and agreement.
Please a nostre seignur le roi, del assent des seignurs suisditz, et les communes d'Engleterre assembles en ceste present parlement, grauntier par les lettres patentz mesme nostre seignur le roi, dessoutz son seal de son duchee de Lancastre, au dite suppliante, certeins possessions, et autres choses contenuz en une cedule annexee a yceste petition, a avoir mesmes les possessions, et autres choses, au dite suppliante, a terme de sa vie en partie de sa douer avauntdite, selonc l'effecte et forme de mesme la cedule: May it please our lord the king, with the assent of the aforesaid lords and the commons of England assembled in this present parliament, to grant by the letters patent of our same lord the king under his seal for the duchy of Lancaster to the said supplicant certain possessions and other things contained in a schedule attached to this petition, to have the same possessions and other things to the said supplicant for the term of her life as part of her aforesaid dower, according to the effect and form of the same schedule:
'Rex omnibus ad quos etc. salutem. Sciatis quod cum in quodam pacis tractatu, inter excellentissimos et precarissimos dominos, patrem et avum nostros, concluso et concordato, in ecclesia Beati Petri Trecen', vicesimo primo die Maii, anno Dominice incarnationis millesimo quadringentesimo vicesimo, inter ceteros articulos fuerit concordatum in effectu quod Katerina regina Anglie, mater nostra precarissima, filia predicti avi nostri, et Isabelle nuper consortis sue, perciperet et haberet dotem, in dicto regno Anglie, prout regine Anglie usque ad dictum vicesimum primum diem Maii percipere et habere consueverunt; videlicet, usque ad summam quadraginta milium scutorum, quorum duo semper valerent unum nobile Anglicanum; qui quidem pax, tractatus, conclusio et concordia, omnesque articuli contenti in eisdem, in parliamento dicti patris nostri apud Westm' secundo die Maii, anno regni sui nono tento, auctoritate ejusdem parliamenti approbati, laudati, auctorizati fuerunt et acceptati. Et quos quidem pacem, tractatum, concordiam et conclusionem in omnibus suis articulis, tam dictus pater noster, in verbo regio, et ad Sancta Dei Evangelia per ipsum corporaliter tacta, se observaturi juravit et promisit, quam tres status dicti regni Anglie, videlicet, prelati et clerus, nobiles et magnates, ac communitates ejusdem regni Anglie, se et eorum quemlibet, pro se, heredibus et successoribus suis, bene et fideliter, quantum ad eos et eorum quemlibet pertinet, imperpetuum observaturi et impleturi, in eodem parliamento promiserunt, prout in rotulis, recordis et actis ejusdem parliamenti plenius continetur. Nos, consideratione premissorum, de assensu dominorum spiritualium et temporalium, ac communitatis regni nostri Anglie, in presenti parliamento nostro existentium, de omnibus castris, honoribus, dominiis, villis, maneriis, wapentachiis, ballivis, feodis comitatum, visibus franciplegii, curiis, feodi firmis, anuualibus redditibus, terris et tenementis que fuerunt predicti patris nostri, de ducatu nostro Lancastr', ac de hereditate nostra comitatu Hereford' et Essex', eidem ducatui nostro annexis,concessimus et assignavimus, prefate matri nostre, regine Anglie, castra, villas, honores, dominia, maneria, terras et tenementa, subscripta: videlicet, castrum, villam et honorem de Leycestre cum membris et pertinentiis suis in comitatu Leyc', videlicet, villam et manerium de Hynkeley, villam et manerium de Shulton, villam et manerium de Desseford; ballivam libertatis, honoris Leyc', in comitatibus Norht' et Warr'; ballivas forinsecas ejusdem honoris Leyc', videlicet, in Carleton, Hynkeley, Shulton, Desseford, Glenfeld, Sylby, Belgrave et Swanyngton, in [col. b] comitatu Leyc'; manerium de Stapulford, cum balliva ibidem, in eodem comitatu Leyc'; quadraginta marcas de feodi firma ville de Gunthorp in comitatu Notyngh', ad valorem trescentarum triginta et duarum librarum, quatuor solidorum, octo denariorum, et unius oboli; castrum et manerium de Melborne, cum membris, in comitatu Derb', ad valorem sexaginta et decem librarum, et unius denarii; castrum, villam et honorem de Hertford, cum membris; villam et manerium de Bayford; villam et manerium de Esynden'; villam et manerium de Hertfordingbury, cum membris et pertinentiis suis, in comitatu Hertf', ad valorem centum et unius librarum, duodecim solidorum, quinque denariorum, et unius oboli; castrum et dominium de Knaresburgh, cum membris et pertinentiis suis, ad valorem trescentarum quaterviginti et quatuor librarum, undecim solidorum, sex denariorum, et unius oboli; wapentachium de Staynclyff, ad valorem triginta et trium librarum, sex solidorum, et octo denariorum, in comitatu Ebor'; quendam annualem redditum, sexaginta decem et octo librarum, quatuor solidorum, sex denariorum, et unius oboli percipiendorum de dominio et honore de Tuttisbury, per manus receptoris nostri ibidem qui pro tempore fuerit, ad terminos Sancti Michaelis et Pasche, per equales portiones, de dicto ducatu Lancastr'. Manerium de Walden ad valorem sexaginta et duodecim librarum, duorum solidorum, trium denariorum, et unius oboli; manerium de Depeden ad valorem triginta et unius librarum, undecim solidorum, et unius oboli; manerium de Quenden ad valorem undecim librarum, sexdecim denariorum, unius oboli, et unius quadrantis; manerium de Liegh' ad valorem viginti et unius librarum, undecim solidorum, duorum denariorum, et unius oboli; manerium de Donmowe ad valorem triginta et quatuor librarum, octo solidorum, et quinque denariorum; manerium de Mahsbury ad valorem tresdecim librarum, decem et novem solidorum et trium denariorum; manerium de Badewe ad valorem triginta et trium librarum, quinque solidorum et octo denariorum; castrum et manerium de Plecy ad valorem centum et sex solidorum et octo denariorum; manerium de Hiegestr' ad valorem quaterviginti et decem librarum; manerium de Waltham ad valorem quaterviginti librarum; manerium de Wykes ad valorem viginti et sex librarum, tresdecim solidorum et quatuor denariorum; manerium de Shenefeld ad valorem viginti et duarum librarum; visum franciplegii de Chishull ad valorem quatuor solidorum; curiam honoris de Hieghestr' ad valorem quatuor librarum; manerium de Farnham ad valorem viginti librarum; et feodum comitis Essex' ad valorem quadraginta librarum, decem solidorum et decem denariorum in dicto comitatu Essex'. Manerium de Enefeld ad valorem quadraginta et duarum librarum, decem denariorum, unius oboli et unius quadrantis. Tenementa vocata Hakenayes in comitatu Midd' ad valorem quatuor librarum, undecim solidorum et quinque denariorum. Unum mesuagium sive hospitium vocatum Blaunchapilton, in civitate London', cum tenemento vocato Stewardesynne in parochia Sancti Olavi in eadem civitate ad valorem sexaginta et sex solidorum et octo denariorum. Curiam de Hertford, cum visu franciplegii de Hodisdon, ad valorem decem et septem solidorum et quatuor denariorum. Manerium de Northamstede in comitatu Hertf' ad valorem quindecim librarum. Manerium de Yerkehill ad valorem sex librarum, tresdecim solidorum et quatuor denariorum in comitatu Hereford'. Visum franciplegii de Saweston' in comitatu Cantebr' ad valorem quinque solidorum. Manerium de Elmesete cum Somersham ad valorem triginta et octo librarum, tresdecim solidorum, sex denariorum et unius oboli, et manerium de Oston' ad valorem quindecim librarum, duodecim solidorum et unius oboli in comitatu Suff'. [p. iv-188][col. a] Manerium de Fulmodeston' in comitatu Norff' ad valorem viginti et sex librarum, tresdecim solidorum et quatuor denariorum. Manerium de Longebenyngton' in comitatu Lincoln' ad valorem sexaginta et quindecim librarum. Manerium de Wycombe ad valorem sexaginta et octo librarum, sex denariorum, unius oboli et unius quadrantis. Manerium de Crondon ad valorem viginti et quatuor librarum et decem solidorum, et unum tenementum cum certis terris in Westcote in comitatu Buk' ad valorem decem librarum. Manerium de Uplamborne ad valorem viginti et octo librarum, undecim denariorum et unius quadrantis; integrum manerium de Speene < ad valorem octo librarum, tresdecim solidorum et quatuor denariorum; et manerium de Henton' > in comitatu Berk' ad valorem quadraginta librarum. Manerium de Haseley ad valorem viginti librarum; manerium de Kirtlyngton' ad valorem triginta et trium librarum, sex solidorum et octo denariorum; manerium de Dadyngton' ad valorem viginti librarum; manerium de Periton' ad valorem quadraginta librarum, et manerium de Ascote in comitatu Oxon' ad valorem triginta librarum. Manerium de Pole ad valorem viginti et trium librarum, octo solidorum et novem denariorum; manerium de Manyngford ad valorem viginti et septem librarum, octo solidorum et novem denariorum; manerium de Uphaven' ad valorem sexaginta et sex librarum, tresdecim solidorum et quatuor denariorum; visum franciplegii de Netherhavene ad valorem sex solidorum et octo denariorum; curiam honoris de Monkfarley ad valorem tresdecim solidorum et quatuor denariorum, et manerium de Wokesey in comitatu Wiltes' ad valorem quadraginta et quinque librarum, decem solidorum et octo denariorum. Terras et tenementa in Guissich in comitatu Dors' ad valorem sex librarum, tresdecim solidorum et quatuor denariorum. Manerium de Walton' in comitatu Surr' ad valorem viginti et sex librarum. Manerium de Southam ad valorem viginti librarum, et manerium de Whetenhurst in comitatu Glouc' ad valorem triginta librarum; et castrum et manerium de Caldecote et Neweton' cum membris in Wallia ad valorem quinquaginta et trium librarum, sex solidorum, et octo denariorum. Habendum, tenendum et percipiendum eidem matri nostre omnia predicta castra, honores, villas, dominia, maneria, wapentachia, ballivas, feodi comitatum, visus franciplegii, curias, feodi firmas, annuales redditus, terras, tenementa et possessiones, ac alia premissa cum omnibus membris et pertinentiis suis, simul cum hamelettis, feodis militum, advocationibus ecclesiarum, abbatiarum, prioratuum, decanatuum, collegiorum, capellarum, cantariarum, hospitalium, et quarumcumque domorum religiosarum, wardis, maritagiis, releviis, escaetis, foris, mercatis, libertatibus, liberis consuetudinibus, franchesiis, regalitatibus, regaliis, retornis brevium, ac aliorum mandatorum nostrorum, et heredum nostrorum, et executionibus eorumdem, exitibus, finibus et amerciamentis, forestis, chaceis, parcis, boscis, pratis, pascuis, pasturis, warennis, vivariis, stagnis, piscariis, molendinis, moris, moriscis; reversionibus tam de terris et tenementis tentis in dotem, quam de terris et tenementis tentis ad terminum vite, vel annorum, et omnibus aliis reversionibus tam de liberis tenentibus, quam de nativis ; et omnibus aliis pertinentiis eisdem castris, honoribus, villis, dominiis, maneriis, possessionibus, terris et tenementis, quocumque modo spectantibus, sive pertinentibus, a tempore mortis predicti patris nostri, una cum exitibus, redditibus, [memb. 3][editorial note: This membrane has been numbered 4 on the roll.] firmis et proficuis quibuscumque de castris, honoribus, villis, dominiis, maneriis, possessionibus, terris et tenentibus predictis, ac aliis premissis, a tempore predicto receptis et provenientibus, adeo libere et integre, sicut nos ea haberemus seu habere debuissemus, si ea in manibus nostris tenuissemus, ad terminum vite prefate matris nostre, in partem [col. b] dotis ipsius matris nostre, et in partem deductionis predicte summe quadraginta milium scutorum predictorum, aliquo statuto sive ordinatione ante hec tempora facto sive imposterum faciendo non obstante . Solvendo singulis annis, certas annuitates, diversis personis, que quidem annuitates et persone, in quibusdam indenturis inter nos et prefatam matrem nostram inde confectis continentur, et in rotulis cancellarie nostre irrotulantur: de dicto dominio de Leycestr', que ad centum triginta et sex libras, et decem denarios; annuitates diversis aliis personis, de dicto dominio de Hertford, que ad triginta et octo libras, septem solidos et sex denarios; annuitates aliis personis de dicto dominio de Knaresburgh, que ad triginta et octo libras, octo solidos et quatuor denarios; et annuitates diversis aliis personis, de dicta hereditate nostra comitatibus Hereford et Essex' concessas, que ad centum et quatuordecim libras se extendunt, singulis annis, ad terminos Sancti Michaelis et Pasche per equales portiones durante vita earumdem personarum quibus annuitates predicte concesse fuerunt: pro quibus quidem annuitatum predictarum summis, per prefatam matrem nostram sic solvendarum, volumus et concedimus, de assensu predicto, quod eadem mater nostra, per manus receptoris nostri generalis ejusdem ducatus pro tempore existentis, de anno in annum, et termino in terminum, ad terminos predictos, tantum in manibus, de ducatu nostro predicto, prompte recipiet et habebit, quantum prefata mater nostra, de hujusmodi annuitatibus personis predictis, per litteras suas acquietantie eidem matri nostre, inde debite conficiendas, receptori ducatus predicti se rationabiliter solvisse poterit demonstrare. The king to all to whom, etc. Know that whereas in certain peace treaty concluded and agreed between the most excellent and very dear lords our father and grandfather in the church of St Peter, Troyes, on 21 May 1420, among certain articles it was agreed in effect that Katherine, queen of England, our very dear mother, daughter of our aforesaid grandfather and Isabel, his former consort, should receive and have dower in the said realm of England just as queens of England have been accustomed to receive and have until the said 21 May, that is, up to the sum of 40,000 knight's fees, of which two were always worth one English noble; which peace treaty, conclusion and agreement, and all the articles contained therein, were approved, commended, authorised and accepted in the parliament of our said father held at Westminster on 2 May in the ninth year of his reign [1421], by the authority of the same parliament. And which peace treaty, agreement and conclusion, both our said father himself, and with he himself physically touching the holy gospels, swore and promised in his own kingly words to observe in all their articles, and the three estates of the said realm of England, that is, the prelates and clergy, the nobles and lords, and the commons of the same realm of England, themselves and each of them, promised in the same parliament for themselves, their heirs and successors, to observe forever and carry out fully and faithfully, as much as it pertained to them and each of them, as is more fully contained on the rolls, records and acts of the same parliament. We, by consideration of the foregoing, with the assent of the lords spiritual and temporal and of the commons of our realm of England assembled in our present parliament, have granted and assigned all the castles, honours, lordships, towns, manors, wapentakes, bailiwicks, fees of counties, views of frankpledge, courts, fee-farms, annual rents, lands and tenements which belonged to our aforesaid father, in our duchy of Lancaster and of our inheritance in the counties of Herefordshire and Essex, annexed to our same duchy, to our aforesaid mother, queen of England, the castles, towns, honours, lordships, manors, lands and tenements written below: that is, the castle, town and honour of Leicester with their members and appurtenances in the county of Leicester, namely the town and manor of Hinckley, the town and manor of Shelton, the town and manor of Desford; the bailiwick of the liberty of the honour of Leicester in the counties of Northampton and Warwick; the forinsec bailiwicks of the same honour of Leicester, namely in Carleton, Hinckley, Shelton, Desford, Glenfield, Sileby, Belgrave and Swannington in [col. b] the county of Leicester; the manor of Stapleford with the bailiwick there in the same county of Leicester; 40 marks from the fee-farm of the town of Gunthorpe in the county of Nottingham worth £332 4 s. 8 d. halfpenny; the castle and manor of Melbourne with its members in the county of Derby worth £70 1 d.; the castle, town and honour of Hertford with its members; the town and manor of Bayford; the town and manor of Essendon; the town and manor of Hertingfordbury with its members and appurtenances in the county of Hertford worth £101 12 s. 5 d. halfpenny; the castle and lordship of Knaresbrough with its members and appurtenances worth £384 11 s. 6 d. halfpenny; Staincliffe wapentake in the county of York worth £33 6 s. 8 d.; a certain annual rent of £78 4 s. 6 d. halfpenny to be received from the lordship and honour of Tutbury by the hands of our receiver there at the time in equal parts at the terms of Michaelmas and Easter, of the said duchy of Lancaster. The manor of Walden worth £62 2 s. 3 d. halfpenny; the manor of Debden worth £31 11 s. 0 d. halfpenny; the manor of Quendon worth £11 16 d. halfpenny farthing; the manor of Leigh worth £21 11 s. 2 d. halfpenny; the manor of Dunmow worth £34 8 s. 5 d.; the manor of Mashbury worth £30 19 s. 3 d.; the manor of Baddow worth £33 5 s. 8 d.; the castle and manor of Pleshey worth 106 s. 8 d.; the manor of High Easter worth £90; the manor of Waltham worth £80; the manor of Wicken Bonhunt worth £26 13 s. 4 d.; the manor of Shenfield worth £22; view of frankpledge at Chishall worth 4 s.; the court of the honour of High Easter worth £4; the manor of Farnham worth £20; and the fee of the county of Essex worth £40 10 s. 10 d., in the said county of Essex. The manor of Enfield worth £42 10 d. halfpenny farthing. The tenements called Hackney in Middlesex worth £4 11 s. 5 d.; a messuage or house called Whitechapel in the city of London, with a tenement called Stewards Inn in the parish of St Olaf in the same city worth 66 s. 8 d. The court of Hertford, with view of frankpledge at Hoddesdon worth 17 s. 4 d. The manor of Northamstead in the county of Hertford worth £15. The manor of Yarkhill in the county of Hereford worth £6 13 s. 4 d. View of frankpledge at Saweston in the county of Cambridge worth 5 s. The manor of Elmsett with Somersham worth £38 13 s. 6 d. halfpenny, and manor of Offton worth £15 12 s. 0 d. halfpenny, in Suffolk. [p. iv-188][col. a] The manor of Fulmodeston in the county of Norfolk worth £26 13 s. 4 d. The manor of Long Bennington in the county of Lincoln worth £75. The manor de High Wycombe worth £68 6 d. halfpenny farthing; the manor of Crendon worth £24 10 s., and a tenement with certain lands in Westcott worth £10, in the county of Buckingham. The manor of Up Lambourn worth £28 11 d. farthing; the whole manor of Speen worth £8 13 s. 4 d.; and the manor of Hinton worth £40, in Berkshire. The manor of Haseley worth £20; the manor of Kirtlington worth £33 6 s. 8 d.; the manor of Deddington worth £20; the manor of Pyrton worth £40; and the manor of Ascott worth £30, in the county of Oxford. The manor of Poole Keynes worth £23 8 s. 9 d.; the manor of Manningford worth £27 8 s. 9 d.; the manor of Upavon worth £66 13 s. 4 d.; view of frankpledge at Netheravon worth 6 s. 8 d.; the court of the honour of Monk Farleigh worth 13 s. 4 d.; and the manor of Oaksey worth £45 10 s. 8 d., in Wiltshire. Lands and tenements in Gussage in Dorset worth £6 13 s. 4 d. The manor of Walton in Surrey worth £26. The manor of Southam worth £20, and the manor of Wheatenhurst worth £20, in the county of Gloucester; and the castle and manor of Caldicot and Newton with their members in Wales worth £53 6 s., 8 d. To have, hold and receive to our same mother all the aforesaid castles, honours, towns, lordships, manors, wapentakes, bailiwicks, fees of counties, views of frankpledge, courts, fee-farms, annual rents, lands, tenements and possessions, and the other aforementioned things with all their members and appurtenances, together with the hamlets, knights' fees, advowsons of churches, abbeys, priories, deaneries, colleges, chapels, chantries, hospitals and any other religious houses; wardships, marriages, reliefs, escheats, fairs, markets, liberties, free customs, franchises, regalities, prerogatives, returns of writs and of our other mandates and those of our heirs and the execution of the same, issues, fines and amercements, forests, chases, parks, woods, meadows, feeding-pastures, pastures, warrens, livestock, pools, fisheries, mills, moors, marshes; reversions of both lands and tenements held in dower and of lands and tenements held for a term of life or of years, and all other reversions from both free tenants and from neifs; and all other appurtenances belonging or pertaining in any way to the same castles, honours, towns, lordships, manors, possessions lands and tenements from the time of the death of our aforesaid father, together with any issues, rents, [memb. 3][editorial note: This membrane has been numbered 4 on the roll.] farms and profits received and issuing from the aforesaid castles, honours, towns, lordships, manors, possessions, lands and tenements, and the other aforementioned things, from the aforesaid time, as freely and completely as we would have held or might have held them if we had held them in our hands, for the term of life of our aforesaid mother, as part [col. b] of the dower of our mother herself, and in part deduction of the aforesaid sum of 40,000 knights' fees, notwithstanding any statute or ordinance made in the past or to be made in future. Paying each year certain annuities to various persons, which annuities and persons are specified on certain indentures made thereupon between us and our aforesaid mother, and enrolled on the rolls of our chancery: which from the said lordship of Leicester amount to £136 10 d.; the annuitates granted to various other persons from the said lordship of Hertford which amount to £38 7 s. 6 d.; the annuities granted to other persons from the said lordship of Knaresborough which amount to £38 8 s. 4 d.; and annuities granted to various other persons from our said inheritance in the counties of Herefordshire and Essex which amount to £114, each year, in equal parts at the terms of Michaelmas and Easter during the life of the same persons to whom the aforesaid annuities were granted: on which sums of the aforesaid annuities thus to be paid by our aforesaid mother we will and grant with the aforesaid assent that our same mother will promptly receive and have by the hands of our receiver-general of the same duchy at the time his letters of acquittance of our aforesaid duchy to be duly made thereupon to our same mother, from year to year and term to term, at the aforesaid terms, to the extent that our aforesaid mother will be able reasonably to prove to the receiver of the aforesaid duchy herself to have paid such annuities into the hands of the aforesaid persons.
Les queux petition et cedule, ore consuitz a ceste rolle de parlement, leeuz et bien entenduz en le dit parlement; le roi, del assent des seignurs espirtuelx et temporelx, et auxi de les communes assemblez en le mesme, voet et grante, qe la dite roigne sa maere, de toutz les chasteux, honures, seignuries, villes, manoirs, wapentakes, ballives, fees des countees, vieux de franciplegge, courts, fee fermes, rents annuelx, terres et tenements, qe furent au roi Henry, piere au roi, de son duchee de Lancastre, et de sa enheritance des countees de Hereford' et Essex, a mesme le duchee annexez, ait, teigne, et prenge, del grante du roi, et de son assignement, en partie del douement de sa dite maere, pur terme de sa vie; toutz les chasteux, villes, honures, seignuries, manoirs, wapentakes, ballives, fees des countees, vieux de francplegge, courts, fee fermes, rents annuelx, terres, tenements et possessions, expressez par certeins nons en la dite cedule, et selonc les values annuelx, en mesme la cedule especifiez, ovesqe trestoutz lours membres et appurtenances, ensemblement ove les hamelettes, fees des chivalers, advocsons des esglises, abbeies, priories, deanees, colleges, chapelles, chanteries, hospitalx, et de toutz maesons de religion, gardes, mariages, releves, eschetes, fores, merches, libertees, franc custumes, franchises, regalitees, regalies, retournes des brieves, et d'autres mandements du roi, et de ses heirs, et executions d'icelles, issues, fines et amerciaments, forestes, chaces, parcs, bois, prees, pastures, garennes, vivaers, stagnes, pescheries, molins, mores, mareis, et toutz autres appurtenantz a mesmes les chasteux, honures, villes, seignuries, manoirs, possessions, terres et tenements, en qeconqe manere regardantz ou appurtenantz, del temps de moriant le dit roi le piere; ovesqe les issues, rents, fermes et profits qeconqes, des chasteux, honures, villes, seignuries, manoirs, possessions, terres et tenements avantditz, et d'autres premisses, del mesme le temps receux et provenantz; forsprisez toutz maners reversions, sibien des terres et tenements tenuz en doair, come des terres et tenements tenuz a terme de vie, ou d'ans, et toutz autres reversions, sibien des francs tenants, come des [p. iv-189][col. a] naeves, as ditz chasteux, honures, villes, seignuries, manoirs, wapentakes, ballives, fees des countees, vieux de francplegge, courts, fee fermes, annuelx rents, possessions, terres et tenements, regardantz ou appurtenantz. Et qe mesme la roigne ait lettres patentz du roi, affairez en due fourme, desoutz son seal de son dit duchee, del date de .ix. jour de Novembre, l'an de son regne primer, sibien de les ditz grante et assignement de doair, selonc l'effect et la contenue de la suisdite cedule, forsprisez les reversions avant forsprisez, come de tout ceo, q'est compris en ceste present acte de parlement, et selonc l'effect et le tenure de mesme l'acte cy ensuant, c'est assavoir, qe s'il aveigne, qe ascuns des chasteux, villes, honures, seignuries, manoirs, wapentakes, ballives, fees des countees, vieux de francplegge, courts, fee fermes, rents annuelx, possessions, terres et tenements suisditz, issint assignez en douement au dite roigne, par le roi, ou ascun parcell d'icelles, soient ou soit evictz ou recoverez hors des mains mesme la roigne, adonqes ait ele du grante du roi, del assent avantdit, due recompense et satisfaction, pur cell chose issint evict, ou recoverez. Purveu toutz foitz, qe nully par vertue des ditz grante et assignement en doair, ne par force de ceste acte de parlement, soit forclos ou barree de son droit, title, claym, possession, action ou demande, q'il ad, ou clayme, ou demande d'avoir, en les ditz chasteux, villes, honures, seignuries, manoirs, wapentakes, ballives, fees des countees, vieux de francplegge, courts, fee fermes, rents annuelx, possessions, terres et tenements suisditz, ou en autres choses qeconqes contenuz en les dites lettres patentz du roi, affairez sur la graunte et assignement de [col. b] doair avantditz. Et salvez auxi a toutz maners persones, et a chescun de eux, toutz lour annuitees, fees et profits issantz de mesmes les chasteux, villes, honures, seignuries, manoirs, wapentakes, ballives, fees des countees, vieux de francplegge, courts, fee fermes, rents annuelx, possessions, terres et tenements suisditz, ou d'ascun parcell d'icelles, aiantz et claymantz ycelles annuitees, fees et profits, a eux, et lour heirs, pur terme de lour vies, ou d'autre vie, del grante del dit roi Henry le piere, ses auncestres, progenitours ou predecessours, ou d'ascun de eux, par lour lettres patentz, queux sont bones et vaillables en leie. Et salvez auxibien, a toutz persones, et a chescun de eux, toutz maneres d'offices, gardes des forestes, chaces, parcs et garennes, claymantz ycelles offices ou gardes en fee, pur terme de leur vies, ou d'autre vie, par vertue d'ascun des grantes suisditz, par autielx lettres vaillables en leie, come as fermers, lour possessions de lour fermes, de ou en ascun des choses suisditz, ou de parcell d'icelles, aiantz ou claimantz lour ditz fermes, par vertue d'ascuny des grauntes suisditz, par semblables lettres, vaillables en leie, ou d'ascun de lour officers, par rolles des courts, les graunts et affirmations des dites lettres patentz de douement, par auctorite de parlement, non obstantz. Purveu, qe de toutz les reversions especifiez en la dite cedule, soit exception fait en les lettres patentz, issint affairz au dite roigne, del grante et assignement de doair avantditz, et qe de cestes paroles, aliquo statuto sive ordinatione ante hec tempora factis sive imposterum faciendis non obstante, escriptz en la dite cedule, soit omission fait en mesmes les lettres patentz. Which petition and schedule, now sewn to this roll of parliament, having been read and fully understood in the said parliament, the king, with the assent of the lords spiritual and temporal, and also of the commons assembled in the same, wills and grants that the said queen his mother shall have, hold and receive from the king's grant and from his assignment all the castles, honours, lordships, towns, manors, wapentakes, bailiwicks, fees of counties, views of frankpledge, courts, fee-farms, annual rents, lands and tenements which belonged to King Henry, the king's father, of his duchy of Lancaster, and of his inheritance in the counties of Hereford and Essex, annexed to the same duchy, as part of the dower of his said mother, for the term of her life; all the castles, towns, honours, lordships, manors, wapentakes, bailiwicks, fees of counties, views of frankpledge, courts, fee-farms, annual rents, lands, tenements and possessions mentioned in the said schedule by certain names, and according to the annual values specified in the same schedule, with all their members and appurtenances, together with the hamlets, knights' fees, advowsons of churches, abbeys, priories, deaneries, colleges, chapels, chantries, hospitals, and of all religious houses, wardships, marriages, reliefs, escheats, fairs, markets, liberties, free customs, franchises, regalities, prerogatives, returns of writs and of other mandates of the king and of his heirs and executions of the same, issues, fines and amercements, forests, chases, parks, woods, meadows, pastures, warrens, livestock, pools, fisheries, mills, moors, marshes and all other appurtenances belonging or pertaining in any way to the same castles, honours, towns, lordships, manors, possessions, lands and tenements at the time of the death of the said king the father; with any issues, rents, farms and profits received or issuing from the aforesaid castles, honours, towns, lordships, manors, possessions, lands and tenements, and from the other aforementioned things for the same time; except for all kinds of reversions of both lands and tenements held in dower and of lands and tenements held for a term of life or of years, and all other reversions both of free tenants and of [p. iv-189][col. a] neifs, belonging or pertaining to the said castles, honours, towns, lordships, manors, wapentakes, bailiwicks, fees of counties, views of frankpledge, courts, fee-farms, annual rents, possessions, lands and tenements. And that the same queen shall have the king's letters patent to be made in due form under his great seal of his said duchy with the date 9 November in the first year of his reign, of both the said grant and assignment of dower, according to the effect and the contents of the aforesaid schedule, except for the reversions excepted above, and of all that which is contained in this present act of parliament and according to the effect and the tenor of the same act following here, that is to say, that if it happens that any of the aforesaid castles, towns, honours, lordships, manors, wapentakes, bailiwicks, fees of counties, views of frankpledge, courts, fee-farms, annual rents, possessions, lands and tenements, or any part of them, thus assigned in dower to the said queen by the king shall be taken away or recovered from the hands of the same queen, then she shall have due recompense and satisfaction by the king's grant, with the aforesaid assent, for that thing thus taken away or recovered. Provided always that no-one by virtue of the said grant and assignment of dower, nor by force of this act of parliament, shall be foreclosed or barred of his right, title, claim, possession, action or demand which he has or claims or demands to have in the aforesaid castles, towns, lordships, manors, wapentakes, bailiwicks, fees of counties, views of frankpledge, courts, fee-farms, annual rents, possessions, lands and tenements, or in any other things contained in the king's said letters patent to be made on the aforesaid grant and assignment [col. b] of dower. And saving also to all manner of persons, and to each of them, all their annuities, fees and profits issuing from the same aforesaid castles, towns, honours, lordships, manors, wapentakes, bailiwicks, fees of counties, views of frankpledge, courts, fee-farms, annual rents, possessions, lands and tenements, or from any part of them, who have and claim those annuities, fees and profits to them and their heirs, for the term of their lives or of the life of another, of the grant of the said King Henry the father, his ancestors, progenitors, or predecessors, or of any of them, by their letters patent which are good and valid in law. And saving also to all persons, and to each of them, all manner of offices, keeperships of forests, chases, parks and warrens, who claim those offices or keeperships in fee for a term of their lives, or of the life of another, by virtue of any of the aforesaid grants by other letters valid in law, as is said above, and to the farmers their possession of their farms of or in any of the aforesaid things, or of part of them, who have or claim their said farms by virtue of any of the aforesaid grants by similar letters valid in law, or of any of their officers by court rolls, notwithstanding the grants and confirmations of the said letters patent of dower by the authority of parliament. Provided that exception shall be made in the letters patent thus to be made to the said queen of the aforesaid grant and assignment of dower of all the reversions specified in the said schedule, and that these words, 'notwithstanding any statute or ordinance made in the past or to be made in future', shall be omitted from the same letters patent.
[memb. 2]
A TRESHONURABLE ET TRESPUISSANT PRINCE HUMFREY DUC DE GLOUCESTRE, COMMISSAIR A NOSTRE TRESSOVERAIN SEIGNUR LE ROI A TENIR CESTE PARLEMENT, SUPPLIENT LES POVERES COMMUNES D'ENGLETERRE ASSEMBLES EN MESME LE PARLEMENT: QE PLESE A VOSTRE GRACIOUS SEIGNURIE PAR ASSENT DES SEIGNURS ESPIRITUELX ET TEMPORELX ESTEANTZ EN LE MESME, EN SUPPORTATION ET COMFORTE DES DITZ COMMUNES, GRANTIER LES PETITIONS Q'ENSUENT. TO THE MOST HONOURABLE AND MOST MIGHTY PRINCE HUMPHREY, DUKE OF GLOUCESTER, OUR MOST SOVEREIGN LORD THE KING'S COMMISSARY TO HOLD THIS PARLIAMENT, THE POOR COMMONS OF ENGLAND ASSEMBLED IN THE SAME PARLIAMENT BESEECH: MAY IT PLEASE YOUR GRACIOUS LORDSHIP TO GRANT, BY THE ASSENT OF THE LORDS SPIRITUAL AND TEMPORAL PRESENT IN THE SAME, THE PETITIONS WHICH FOLLOW, IN SUPPORT AND COMFORT OF THE SAID COMMONS.
Petitiones communitatis. The petitions of the commons.
[col. a]
I. [Proceedings in chancery.] I. [Proceedings in chancery.]
41. Primerement priount les communes: qe ordeigne soit pur estatut en ceste present parlement qe null homme ne femme des lieges nostre seignur le roi de ceste jour en avant soit mys, artee, ne tenuz a respondre el counseil ne chauncellarie nostre dit seignur le roi, n'aillours, al suite ne compleinte de nulle persone d'ascun matier dont remedie ou action est purveu ou done par la commune leie; ne qe null brief, ne lettre de privee seal, appellez brief ou lettre de sub pena de nostre dit seignur le roi, ne de ses heirs, en temps a venir, ne issera ascunement envers nully, pur apparer en les ditz counseil, chauncellarie, n'aillours, au compleint ne suggestion de nully, devant ceo qe le compleignant mette eyns une bille, conteignant toute la matier de son pleint et grevance, quelle bille soit examinee especialment, et approve par deux justices du roi del un bank, ou del autre, qe le compleignant de la matier et grevaunces, en le dit bille contenuz, ne poet avoir action ne remedie par la commune leie suisdite en null manere. Et qe la dite bille, apres la dite examination, soit endentee, et qe l'une partie d'icell demurge envers les ditz deux justices, et l'autre partie demurge en le counseil, ou en la chauncellarie, [col. b] ou aillours ou la partie adverse et defendaunts devent apparer par les briefs ou lettres avantditz. Et qe la partie pleignant appierge en propre persone au chescun jour, qe les parties averont en les ditz counseil, chauncellarie, ou aillours, pendant la matier des compleint et grevance suisditz, tanqe qe y serra pleinement discusse et determine, sanz attourne faire en ycell, en ascun maner, si issint ne soit qe le defendaunt soit resceu de faire attourne en mesme la suite. Et qe mesme la partie pleignaunt, countera envers la partie adverse et defendaunt, sur la dite bille endentee, et sur null autre, sur peine de .xx.li. d'estre par luy perduz et forfaitz; c'est assavoir, l'une moite d'estre paiez a nostre dit seignur le roi, ou a ses heirs, et l'autre moite a dite partie adverse et defendant, qe par les ditz briefs ou lettres serra fait venir ou apparer, come avant est dit. Et qe la partie pleignant, trovera sufficeant seuretee par reconisance ent affaire en les ditz counseil, chauncellarie, ou aillours ou la dite partie adverse et defendant doit apparer par les briefs ou lettres suisditz, pur apparer et counter sur la dite bille endentee, en la manere et fourme suisdit. Et qe les ditz chaunceller et autres, eiantz la chief governance [p. iv-190][col. a] avauntdite, chescun en son place eient poair par ceste estatuit, d'agarder et agardent damages au dite partie adverse et defendaunt, pur ses costages, labour, et vexation, si la partie compleignaunt ne prove sa suite estre verraie. Et d'ent faire execution par briefs, ou par lettres de privee seal, come de chose adjugge de recorde, a l'oeps et profit du dite partie adverse et defendaunt. Et ceo sibien de les ditz .x.li. issint forfaitz, come des damages issint adjuggez et agardez. Et qe les nouns des ditz deux justices queux ferront l'examination du dite bille, soient expressez en la fyn des ditz briefs ou lettres. Et si ascun tiel brief, ou lettre de privee seal, issera en temps a venir en contrarie, q'ils soient en tout voidez et de null effect. 41. First, the commons pray: that it be ordained by statute in this present parliament that no man or woman of the lieges of our lord the king shall henceforth be made, compelled nor held to account in our said lord the king's council, or chancery, or elsewhere at the suit or complaint of any person for any matter for which remedy or action is provided or given by the common law; nor that any writ or letter under the privy seal called a writ or letter sub poena of our said lord the king, nor of his heirs, shall be issued against anyone in future to appear in the said council, chancery or elsewhere at the complaint or suggestion of anyone untio the plaintiff issues a single bill containing all the matter of his plaint and grievance, which bill shall be specifically examined and approved by two justices of King's Bench or of Common Bench that the plaintiff of the matter and grievances contained in the said bill is unable to have action or remedy by the aforesaid common law in any way. And that after the said examinations the said bill shall be indented, and then the one part of it shall remain with the said two justices and the other part shall remain in the council, or in the chancery, [col. b] or elsewhere, or before the plaintiff and defendants appear by the aforesaid writs or letters. And that the plaintiff shall appear in person every day that the parties willhave in the said council, chancery, or elsewhere, pending the matter of the aforesaid complaint and grievance, until it has been fully discussed and determined, without an attorney being appointed for this in any way, unless the defendant shall be allowed to appoint an attorney in the same suit. And that the same plaintiff will plead against the opponent and defendant on the said indented bill and on no other, on pain of £20 being lost and forfeited by him; that is to say, the one half to be paid to our said lord the king, or to his heirs, and the other half to the said opponent and defendant who is caused to come or appear by the said writs or letters, as is aforesaid. And that the plaintiff will find sufficient surety by recognizance to be made thereupon in the said council, chancery, or elsewhere where the said opponent and defendant ought to appear by the aforesaid writs or letters, in order to appear and plead on the said indented bill in the aforesaid manner and form. And that the said chancellor and others who have the aforesaid chief administration [p. iv-190][col. a] shall each have power in his own place by this statute to award and award damages to the said opponent and defendant for his costs, labour and trouble if the plaintiff is unable to prove his suit to be true. And to make execution thereupon by writs or by letters under the privy seal as a matter is adjudged as of record, for the use and profit of the said opponent and defendant. And this for both of the said £10 thus forfeited and for the damages thus adjudged and awarded. And that the names of the said two justices who will make the examination of the said bill shall be given in the fine of the said writs or letters. And if any such writ or letter under the privy seal will be issued to the contrary in future, that they shall be completely void and of no effect.
[editorial note: Responsio.] [editorial note: Answer.]
Soit l'estatut ent fait l'an .xvij. e del regne du roi Richard secounde, gardez et mys en due execution. (fn. iv-169-192-1) Let the statute made thereupon in the seventeenth year of the reign of King Richard the second be observed and duly executed. (fn. iv-169-192-1)
II. [Purveyance.] II. [Purveyance.]
42. Item, priount les ditz communes: qe toutz les estatutz et ordeignaunces faitz des purveours et accatours, nient repellez, soient tenuz et gardez en toutz points, et mys en due execution, et qe soit ordeignee pur estatut, qe les ditz estatutz et ordeignaunces soient proclaimez chescun an, en chescun countee et ville ou bosoigne serra, par les viscounts de chescun countee; et qe null face ascun prise, acate, ou cariage, autrement qe n'est compris en les ditz estatuts et ordeignances, sur peine contenuz en les ditz estatuts; et qe chescun baillif de ville ou hamell, constable de ville ou hamell, ou null baillif est, soit tenuz, sur certeine peine par vous a limiter, qe apres ceo qe pleint a luy est fait, qe ascun prise, acate, ou cariage, soit fait dedeins la ville, ou hamell, ou il est baillif ou constable, encountre la fourme de les estatuts et ordeignances avantditz, q'il face une bille contenant toute la injurie avantdite, et ceo face deliverer as justices de peas de mesme la paiis, a proschein cession de peas, a tenir en mesme la paiis, apres la fesaunce de mesme la injurie, pur ent faire inquisition en mesme la cession. Et qe les ditz justices de peas pur le temps esteantz eient poair d'oier et terminer toutz les ditz mauveis prises, acates, et cariages, faitz encountre les estatuts et ordeignances avauntditz, sibien au suite de partie, come a suite de roi, pur Dieu et en oevre de charitee. 42. Item, the said commons pray: that all the statutes and ordinances made concerning purveyors and buyers, and not repealed, shall be upheld and observed in all points and duly executed, and that it shall be ordained by statute that the said statutes and ordinances shall be proclaimed every year in every county and town where there will be need by the sheriffs of each county; and that no-one shall make any prise, purchase, or carriage other than is contained in the said statutes and ordinances, upon the penalty contained in the said statutes; and that every bailiff of a town or village, [and] constable of a town or village where there is no bailiff, shall be bound, upon a certain penalty to be set by you, after a complaint is made to him that any prise, purchase, or carriage is made in the town or village where there is a bailiff or constable contrary to the form of the aforesaid statutes and ordinances, that he shall issue a bill containing all the aforesaid injury and cause this to be delivered to the justices of the peace of the same area at the next session of the peace to be held in the same area after the making of the same injury, in order for an inquest to be held thereupon in the same session. And that the said justices of the peace at the time shall have power to hear and determine all the said wrongful prises, purchases and carriages made contrary to the aforesaid statutes and ordinances, at both the suit of the party and at the suit of the king, for God and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Soient les estatus et ordinances ent faitz, et nient repellez, gardez et executz en toutz points, et proclamez en toutz countees parmy le roialme, par mandements du roi. Et qe chescun viscont d'Engleterre, apres ceo q'il eit receu les ditz estatuts, pur ent faire proclamation par tiel mandement, les face proclamer chescun an quatre foitz parmy sa baillie, sur peine de perdre au roi a chescun foitz q'il ent faille .c. s., et qe sur mesme la peine, chescun des ditz visconts face deliverance du dit mandement, a son successour immediate, par endentures entre eux affairez, par ont il poet faire semblable proclamation pur le temps q'il estoise en son office, pur aise et seurete de le poeple, et qe chescun tiel successour, apres cell mandement par luy receu, face autiels proclamations quatre foitz par an, et autiele deliverance du dit mandement ferra a son successour, come dessuis, sur la peine avauntdite. (fn. iv-169-198-1) Let the statutes and ordinances made thereupon, and not repealed, be observed and executed in all points and proclaimed in all the counties throughout the realm by the king's mandates. And that every sheriff of England, after he has received the said statutes in order to make proclamation thereupon by such a mandate, shall cause them to be proclaimed four times every year throughout his bailiwick, upon pain of losing 100 s. to the king every time that he thus fails to do this, and that upon the same penalty each of the said sheriffs shall make delivery of the said mandate to his immediate successor by indentures to be made between them, whereby he will be able to make similar proclamation during the time he will be in his office, for the ease and security of the people, and that each such successor, after this mandate has been received by him, shall make similar proclamations four times a year and make similar delivery of the said mandate to his successor, as is said above, upon the aforesaid penalty. (fn. iv-169-198-1)
III. [Irishmen in England.] III. [Irishmen in England.]
43. Item, priount les ditz communes en ceste present parlement: qe la ou diverses homicidies, murdres, rapes, felonies, robberies, riotes, conventicles, et autres meffaitz, ore tarde de novell sont faitz deins les countees d'Oxenford, Berk', Wiltes', et Buk', pluis sovent come ad este cy devant nient correctz, auxi bien par diverses persones repairantz al ville d'Oxenford, come par autres demurrantz deins mesme la ville desoubz la jurisdiction del universite illoeqes; des quelles ascuns sont lieges nostre seignur le roi neez en Irland, et les autres ne sont my lieges nostre seignur le roi, mes enemyes a nostre dit seignur le roi, et a son roialme, nomez wylde Irisshmen; et lour malices, meffaitz, et robberies continuent de jour en autre, a graunde desclaundre a dite universite, quell est [col. b] fountaigne et miere de nostre foy Cristiane, et a pluis greindre arerisement et anientisement de toute la paiis la environ: les quelles malfaisours et robbers, lour receiptours et maintenours, manassent overtement les officers et ministres nostre dit seignur le roi illoeqes, q'ils n'oisent execution de leie sur eux faire n'excercer selonc lour deserts. Et auxi manassent de tuer les baillifs de la dite ville, pur tant q'ils ont ore de novell ascuns de les ditz robbers arrestuz, et ils ove le mayneur ont en prison, et a cause des graundes manasses sur les ditz baillifs pur icell cheson faitz, [il ne oisent demoerge] lour measons pur doute de morte, mais eux teignont a large en salvation de lour vies, par issint qe les ditz baillifs ne sont [...] pur veigner a la dite ville, pur coiller et lever la fee ferme d'icell, a l'oeps du roi, ne lour ditz offices faire ne excercer, come ils soloient et duissent de droit faire. Et pur tant qe les ditz baillifs q'ore sont, ne lour successours q'en apres serront, a cause des ditz graundes et horribles manasses de tielx maners robbers, et malfaisours, et lour adherantz, receiptours, mainteignours, et abbettours, a eux continuelment faitz et monstrez, ne purront my rendre ou respondre a nostre dit seignur le roi, de la fee ferme du dite ville, ne des autres duetes, issues, et profits illoeqes au roi appartenauntz, sanz ceo qe due et covenable remedie en cell partie ent ne soit purveu, 43. Item, the said commons in this present parliament pray: whereas various homicides, murders, rapes, felonies, robberies, riots, assemblies and other misdeeds recently and newly committed in the counties of Oxford, Berkshire, Wiltshire and Buckingham, going uncorrected more often than was the case in the past, both by various persons repairing to the town of Oxford and by others staying in the same town under the jurisdiction of the university there; of whom some are lieges of our lord the king born in Ireland, and others are not lieges of our lord the king but enemies of our said lord the king and of his realm, called wild Irishmen; and their wickedness, misdeeds and robberies continue from day to day to the great scandal of the said university, which is [col. b] the fountain and mother of our Christian faith, and to the much greater harm and ruin of all the surrounding area: which malefactors and robbers, their receivers and maintainers, openly threaten our said lord the king's officers and officials there so that they do not dare make nor carry out execution of the law on them according to their deserts. And they also threaten to kill the bailiffs of the said town because they have recently arrested some of the said robbers, and those caught in the act are in prison, and because of the great threats made on the said bailiffs for that reason they dare not remain in their houses for fear of death, but they keep themselves away in safety for their lives, with the result that the said bailiffs are unable [...] to go to the said town to collect and levy the fee-farm of it for the use of the king, nor perform or exercise their said offices as they should and ought to do by right. And because the said present bailiffs are unable to render or pay the fee-farm of the said town to our said lord the king, or the other dues, issues and profits pertaining to the king there, and their successors will not be able to do so in future, on account of the said great and horrible threats continually made and shown to them by such kinds of robbers and malefactors, and their followers, receivers, maintainers and abetters, unless due and suitable remedy is provided thereupon in this regard,
qe please, par assent des seignurs espirtuelx et temporelx en ceste present parlement, pur quiete et tranquillitee deins le roialme d'Engleterre, et pur l'estuffement de la terre d'Irland, soit ordeine, qe toutz Irrois sont voidez hors de roialme, parentre le feste de Noell proschein avenir, et le feste de Chaundellour proschein ensuant, sur peine de perdre lour biens, et d'estre emprisonez al voluntee du roi; forsprisez graduates en les escoles, et hommes eiantz benefices de seinte esglise en Engleterre, et ceux qi sont enheriteez en Engleterre, ceux q'ont piere ou miere Engloys, religiouses professez, merchants, burgeis, et autres enhabitantz deins citees et burghes de bone fame, queles purront trover seurete de lour bone port, et femmes mariez as Englois, et auxi hommes Irrois mariez as femmes Englois, qi sont de bone fame: et qe toutz ceux Irrois q'ount benefices ou offices en la terre d'Irland, demurgent sur lour benefices et offices illoeqes, sur peine de perdre et forfaire les profits de lour benefices et offices, pur la defence de la terre d'Irland avantdite, accordant a l'ordeinance faite en temps le roi Henry quint, piere nostre soverain seignur le roi q'orest, l'an de son regne primer. Et qe les ditz graduates et hommes beneficez, trovent seuretee de lour bone port, et qe ils ne preignent sur eux la principaltee d'ascun sale ou hostiell, mes demurgent entre autres escolers Englois desoubz la principalte d'autres. Et qe proclamation de ceste ordeignance soit fait en les countees suisditz, durant ceste present parlement, et qe les officers et ministres le roi, auxi bien en la dite ville, come en les countees suisditz, puissent saufement coiller et lever lour fee ferme, et autres duetes de roi, et tout ceo affaire qe a lour offices apparteignoit, come leie demande. may it please you that it be ordained, by the assent of the lords spiritual and temporal in this present parliament, for the peace and tranquillity in the realm of England, and for the populating of the land of Ireland, that all Irishmen be removed from the realm between the next following Christmas and the feast of Candlemas then following upon pain of losing their goods, and of imprisonment at the will of the king; save for graduates in the schools, and men who have benefices of holy church in England, and those who have inheritances in England, those who have an English father or mother, those who are professed religious, merchants, burgesses and other inhabitants of good repute in the cities and boroughs who can find guarantee for their good behaviour, and women married to Englishmen and also Irishmen married to Englishwomen who are of good repute: and that all those Irishmen who have benefices or offices in the land of Ireland, should stay on their benefices and offices there for the defence of the aforesaid land of Ireland, upon pain of losing and forfeiting the profits of their benefices and offices, according to the ordinance made in the time of King Henry the fifth, the father of our present sovereign lord the king in the first year of his reign. And that the said graduates and beneficed men find guarantee for their good behaviour, and that they do not take upon themselves the sole responsibility for any room or house, but they will dwell among other English scholars under the responsibility of others. And that proclamation of this ordinance shall be made in the aforesaid counties during this present parliament, and that the king's officers and officials in both the said town and in the aforesaid counties shall be able to collect and raise safely their fee-farm and the other dues of the king, and do all that which pertains to their offices, as the law requires.
[editorial note: Responsio.] [editorial note: Answer.]
Soit il come est desiree par la petition, et outre ceo qe ceux escolers d'Irland, qi ne sont my graduats et sont del obeisance du roi, trovent seurete de lour bone porte, en manere come les graduates d'Irland ferront, selonc l'effect de la dite petition. Et qe toutz escolers d'Irland, esteantz en Engleterre a present, qi vorront demurer ycy, facent apporter chescun aparluy au chanceller d'Engleterre pur le temps esteant, devant le feste de Seint Johan le Baptistre proschein avenir, lettres dessoutz le seal de le lieutenant, ou justice d'Irland, tesmoignantz q'ils sont del obeissance du roi, et qi de ceux qi n'apportent my tieux lettres parentre cy, et le dit feste de Seint Johan, soit fait de eux come des rebelles au roi. Et qe de cell feste del Nativite en avant, null persone neez en Irland, entre le roialme d'Engleterre a demurer en l'universite d'Oxenford, ou Cantebrigge, ou aillours dedeins le roialme, s'il n'apporte [p. iv-191][col. a] au dit chanceller autielx lettres tesmoignalx, sur peine d'estre puniz come rebell au roi. (fn. iv-169-205-1) Let it be as it is desired by the petition, and in addition that those scholars from Ireland who are not graduates and are of the king's obedience must find guarantee for their good behaviour in the manner as the graduates from Ireland must do, according to the effect of the said petition. And that all scholars from Ireland who are in England at present who wish to remain here shall each bring to the chancellor of England at the time letters under the seal of the lieutenant or justice of Ireland testifying that they are of the king's obedience before the next following feast of St John the Baptist [24 June 1423], and those who do not bring such letters between now and the said feast of St John shall be made rebels of the king. And that henceforth from this feast of the Nativity no person born in Ireland may enter the realm of England to stay at the university of Oxford or Cambridge, or elsewhere in the realm, unless he brings [p. iv-191][col. a] such letters testimonial to the said chancellor, upon pain of being punished as a rebel of the king. (fn. iv-169-205-1)
[memb. 1]
IIII. [Sheriffs and escheators.] IIII. [Sheriffs and escheators.]
44. Item, priont les ditz communes: qe la ou il est ordeinez, par estatuit fait l'an .xxviij. e le roi Edward le tierce, qe les viscountes des countees soient remeuez chescun an, issint qe null viscount qe ad estee en son office par un an, demurge en mesme l'office l'an proschein ensuant; (fn. iv-169-208-1) et qe ordeignez soit, par estatuit fait l'an primer le roi Richard le seconde, qe null qe ad estee viscount d'ascun countee par un an entier, soit deins les trois ans proscheins ensuantz, reeslieux ou remis en le dit office, si soit autre sufficiant en le dit countee des possessions et biens pur respondre a roi et a son poeple: (fn. iv-169-208-2) qe les ditz estatuts et toutz autres estatuts faitz, qe les viscounts des countees, et eschetours eiantz terres sufficeantz deins mesmes les countees, ou ils soient officers; et l'estatut fait l'an .xiiij. e le dit roi Edward, des viscountes et eschetours, (fn. iv-169-208-3) estoient en lour force; et qe l'estatut fait l'an .ix. e le roi Henry, piere a nostre seignur le roi q'orest, qe viscountes et eschetours serroient en lours offices tanqe au fine de quatre ans, al volunte du dit nadgairs roi, en ceste article soit revoquez, repellez, et adnullez. (fn. iv-169-208-4) Et en outre qe desore en avant, toutz viscountes, eschetours, maires, et baillifs, poient faire lour profres par lour attournees. Et pur ceo qe le viscount d'Essex et Hertford, pur le temps esteant, est annuelment chargee sur son accompt de .cc.li. de les profits et revenuz de mesmes les countees, et auxi devers autres viscounts d'Engleterre ont este annuelment chargeez sur lour accompts de des graundes sommes, des profits et revenuz de lour countees, par la ou le dit viscount d'Essex et Hertford', ne les ditz autres viscounts, ne sachent ou faire leve a l'oeps nostre seignur le roi des sommes avauntditz, ne d'ascun parcell d'iceux; et jalemeins, mesmes les viscounts en null manere poient ent avoir alowance en le dit eschequer, a graunde anientisement et enpoveressement de plusours les offices de viscounts avant ces heures occupiantz, et verroisemblable enpoveressement des autres qeeux occupierent mesmes les offices en temps avenir, 44. Item, the said commons pray: whereas it is ordained by statute made in the twenty-eighth year of King Edward the third [1354] that the sheriffs of counties shall be changed every year, so that no sheriff who has been in his office for one year shall remain in the same office the following year; (fn. iv-169-208-1) and that it is ordained by statute made in the first year of King Richard the second [1377] that no-one who has been sheriff of any county for a whole year shall be re-elected or remain in the said office within the next following three years if there is another with sufficient possessions and goods in the said county to be answerable to the king and to his people: (fn. iv-169-208-2) that the said statutes and all other statutes made, that the sheriffs of counties and escheators will have sufficient lands in the same counties where they are officers, and the statute made in the fourteenth year of the said King Edward concerning sheriffs and escheators [1340], (fn. iv-169-208-3) shall remain in force; and that the statute made in the ninth year of King Henry, the father of our present lord the king [1421], that sheriffs and escheators shall remain in their offices until the end of four years at the will of the said late king shall be revoked, repealed and annulled as regards this article. (fn. iv-169-208-4) And in addition that henceforth all sheriffs, escheators, mayors and bailiffs might make their proffers through their attorneys. And because the sheriff of Essex and Hertfordshire at the time is charged annually in his account for £200 from the profits and revenues of the same counties, and also several other sheriffs of England have been charged annually in their accounts for large sums from the profits and revenues of their counties, when the said sheriff of Essex and Hertfordshire, and the other said sheriffs, are unable to levy the aforesaid sums for the use of our lord the king, or of any part of them; and nonetheless the same sheriffs are unable to have allowance in any way for this in the said exchequer, to the great ruin and impoverishment of many of the occupants of the offices of sheriffs in the past, and the very likely impoverishment of others who will occupy the same offices in future,
qe please d'ordeiner en ceste present parlement, qe null viscount, eschetour, mair, ne baillif, soit chargee en son accompt de pluis q'il poet faire leve, et q'ils purront ent faire lour accompte par lour seurement, et sur ceo avoir plain allowance sanz autre seurete faire en ceste partie. may it please you to ordain in this present parliament that no sheriff, escheator, mayor or bailiff shall be charged in his account for more than he is able to levy, and that they may make their account by their oath thereupon, and have full allowance on it without other guarantee being made in this regard.
[editorial note: Responsio.] [editorial note: Answer.]
Quant a le primer article de ceste petition, par quell est desiree revocation avoir del estatut ent fait, l'an .ix. e du regne del tresnoble roi Henry, piere nostre soverain seignur; le roi, sa libertee toutdys conservee ceste partie, et l'estatut demurant pur le present, par advis de son conseil ferra provision de novell, qe ceux qi occupieront l'offices de viscont et eschetour desore en avant, serront sufficeantz persones pur respondre au roi, et faire droit a le poeple. Et qant a les profres, soit il come ad estee usez en le cas avant ces heures. Et qant a pardon avoir, aient les viscounts due allouance d'an en an [col. b] en lour accomptes, et auxi pardons, c'est assavoir, ceux qi bosoignent avoir tieux pardons, et ceo par advis du conseil du roi, selonc reson et conscience, et sicome est contenuz en le dit estatut l'an .ix. e . As regards the first article of this petition, where it is desired to have revocation of the statute made thereupon in the ninth year of the reign of the most noble King Henry, the father of our sovereign lord; the king, always protecting his liberty in this regard and the statute in force at present, by the advice of his council will make new provision, that those who will henceforth occupy the offices of sheriff and escheator will be sufficient persons in order to be answerable to the king and do right to the people. And as regards the proffers, let it be as it has been customary in the case in the past. And as regards the pardon, let the sheriffs have due allowance from year to year [col. b] in their accounts, and also pardons, where they need to have such pardons, and this by the advice of the king's council, according to reason and conscience, and as it is contained in the said statute of the ninth year.
V. [Merchant law in the staples.] V. [Merchant law in the staples.]
45. Item, priount les ditz communes: qe come diverses franchises, jurisdictions, privilegies, et libertees, par estatut ont estee grauntez, as mairs, constables, et les merchants de les estaples des leins, pealx lanuz, quirs, plumbe, d'estein, et des autres merchandises appartinantz a les estaples, par les nobles progenitours nostre seignur le roi q'orest, pur le sustenance et bone governance de icell. 45. Item, the said commons pray: whereas various franchises, jurisdictions, privileges and liberties have been granted by statute to mayors, constables, and the merchants of the staples of wool, wool-fells, hides, lead, of tin and of other merchandise pertaining to the staples by the noble progenitors of our present lord the king for the support and good governance of it.
Qe please a nostre tressoverain seignur le roi, par l'advis des seignurs espirtuelx et temporelx, et par auctorite de ceste present parlement, ratifier, confermer, et approver, toutz les fraunchises, jurisdictions, privilegies, et libertees, par devant par ses nobles progenitours a eux grauntez; et auxi toutz maners custumes et usages, par auncien temps usez, et nient repellez. Et outreceo, qe null ple comencez, ou par juggement selonc la leie merchant devant les ditz maires et constables des ditz estaples termine, ne soit remmue par brief, ne par lettres de privee seal, ne qe eux soient en null manere distourbiez, molestez, ne grevez, de faire droit, selonc leie merchant, tout soit q'il ne soit accordant a la commune leie de la terre. Et qe les ditz maires et constables, et lour ministres, eient pouer de arester, et faire execution de lours juggements, mandements, et agardes, deins les boundes des ditz estaples. May it please our most sovereign lord the king, by the advice of the lords spiritual and temporal, and by the authority of this present parliament, to ratify, confirm and approve all the franchises, jurisdictions, privileges and liberties previously granted to them by his noble progenitors; and also all manner of customs and usages, used from of old and not repealed. And in addition that no plea begun or terminated by judgment according to merchant law before the said mayors and constables of the said staples, shall be changed by writ or by letters under the privy seal, nor that they shall be disturbed, troubled or grieved in any way from doing right according to merchant law even though it may not be according to the common law of the land. And that the mayors and constables, and their officials, shall have power to arrest and make execution of their judgments, mandates and awards in the boundaries of the said staples.
[editorial note: Responsio.] [editorial note: Answer.]
Quant as confirmations avoir selonc le desire de ceste petition, eient ils tieles confirmations sanz clause de licet, come ils ont duement euz, devant ces heures. Et quant a le remenant de la dite petition, soit fait come ad estee fait loisiblement et usez ceo en arere en cas semblable. As regards having confirmations according to the desire of this petition, let them have such confirmations without clause de licet as they have duly had in the past. And as regards the rest of the said petition, let it be done as it has been permitted to be done and used previously in similar cases.
VI. [Appointment to offices.] VI. [Appointment to offices.]
46. Item, priont les ditz communes: d'ordeiner, establier, et enacter, par auctorite de ceste present parlement, qe toutz maners des grants faitz as ascuns persones des lieges nostre seignur le roi, de ascun office ou offices, as termes de lour vies, ou en fee, par le noble roi Henry quarte, aiel nostre seignur le roi q'orest, ou par le tresnoble roi Henry quint, piere nostre seignur le roi q'orest, par lours lettres patentz, sibien de la coroune, come de principalte, soient bones et effectuelx, del temps de la date de les ditz lettres patentz; nientcountreesteant, qe expresse mention de les values de les ditz offices, ne sont expressez en mesmes les ditz lettres patentz; ascun estatut, ordinance, ou cause queconque faitz au contrarie, non obstantz; savant toutz foitz, a toutz les lieges suisditz, et a chescun de eux, lour droit, title, et action a les office, ou offices avantditz, s'ils ascun eient a ycelles par la commune leie, considerant qe nostre seignur le roi ne poet estre riche par mesmes les offices, pur Dieu et en oevere de charite. 46. Item, the said commons pray: to ordain, establish and enact, by the authority of this present parliament, that all manner of grants made to any persons of our lord the king's lieges of any office or offices for terms of their lives, or in fee, by the noble King Henry the fourth, grandfather of our present lord the king, or by the most noble King Henry the fifth, father of our present lord the king, by their letters patent, both of the crown and of the principality, shall be good and effective from the time of the date of the said letters patent; notwithstanding that express mention of the values of the said offices is not given in in the said letters patent; notwithstanding any statute, ordinance, or any cause made to the contrary; saving always to all the aforesaid lieges, and to each of them, their right, title and claim to the aforesaid office or offices if they have any by the common law, considering that our lord the king cannot be enriched by the same offices, for God and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Soit il come est desiree par la petition. Let it be as it is desired by the petition.

Appendix 1422

Westminster

9 November - 18 December

1

The issue of the title of the duke of Gloucester

First, for as much as it is desired and asked by the commons who should have the governance of this realm under our sovereign lord by his high authority, it seems to my lord [the duke of Gloucester] that by the word 'defender' the petition of the commons is not satisfied. Wherefore it seems to him that unless he has the name of governor under the king or another name which is equivalent, the said petition is not answered.

Also for as much as by virtue of the codicil, my lord should have the principal tutelage and protection [this is expressed in Latin in the text as tutelam et defensionem principales ] of the king, which codicil was read, declared and assented to by all the lords. My lord was requested and beseeched to take upon himself the principal tutelage and protection by these lords who promised him help and assistance on the same. Nevertheless, because it was later declared that tutela was a term in civil law, they dared not agree to it for various reasons. But so that they can agree to the said codicil as far as they can, they have assented to call my lord 'defender of the realm and chief councillor' even though they could find no records except for the time of King Richard when my lord of Lancaster did not have the name of governor, but had only his brothers, my lords of York and of Gloucester, associated with him in order to survey and correct the faults of those who were appointed to be members of the king's council. And if they could have found better records, or else if my lord could find any, they would have been accepted. Whereupon my lord, wishing that neither his brother of Bedford nor himself should be harmed by his negligence or default, has had old records searched, and has found that, in the time of Henry the third, William Marshal, earl of Pembroke, who was not as close to the king as my lord is to our liege lord, was called ruler of the king and kingdom of England [given in Latin in text, Rector regis et regni Angliae ]. So in conclusion he thinks it reasonable that either he should, in accordance with the desire of the commons, be called governor, or else, according to this record, ruler of the kingdom [ rector regni ] but not of the king [ regis ] as he does not wish to claim as much authority as William Marshal did. So he desires to take upon himself this charge by the assent of the council with the addition of the word defender [ defensor ] according to the desire and appointment of the lords.

Also, he desires that it should be enacted that, just as he shall do nothing of substance except by the advice of the council, so it should be ordered that the council may do nothing which relates as a matter of course to common law except with my lord's advice, just as it has been permitted and declared by the lords before this time, and that there is no need to have unanimous assent but only that of the majority in the council, and that when there are as many on one side as on the other, then the side on which my lord is should be considered the majority.

Also that my lord of Bedford should not be bound by this agreement made by my lord, for it is not the latter's intention to bind his brother in his absence, but only to condescend to this conclusion for his own person at this time to the pleasure of the lords and for the proceeding of this parliament, until his brother comes home. At such a time, both his brother and himself will await the lords' decision on what should happen, and then take upon themselves the charge in whatever form they are both advised.

Source : PRO C 49/53/12 (in Middle English), printed in S. B. Chrimes, 'The pretensions of the duke of Gloucester in 1422', EHR, 45 (1930), 102-3.

2

Note that in full parliament it was granted by the lords that warrants be made to the treasurer and chamberlains of the exchequer to pay to the earl of Northumberland, captain of the town of Berwick, 1,000 marks in prest for the defence of the town and the wardenship of the East March. Similar order concerning Sir Richard Neville, captain of Carlisle and keeper of the West March, 500 marks. Dated 12 December 1422.

Source : POPC , III.7-8.

3

Note that at a meeting of the council at the Friars Preachers' house in London the acts made in the last parliament were read by the clerk of parliament before the lords. The clerk was ordered to show these acts to the justices of both Benches in order that those acts which were to be statutes of the realm might be seen and redacted by them, and shown to the lords and then proclaimed, and that copies of all other acts which touch the conduct of the lords of the council and realm should be sent to the clerk of the council and all enrolled in the Chancery as the custom was. Dated 26 January 1423.

Source : POPC , III.22. The ordinances for the council agreed at the parliament of November 1422, the powers given to Bedford and Gloucester and some other material from the parliament are to be found in POPC, III. 13-18.

4

Order to the collectors or farmers of the ulnage and subsidy upon cloth for sale in the city of London to pay Queen Katherine £23 6 s 8 d per annum for life with arrears due since the late king's death, which sum has been assigned to her for life amongst other lands and possessions 'with the assent of the lords spiritual and temporal and of the commons in this parliament'. Similar orders follow for sums to be paid from the ulnage of Bristol, the fee farms of the castle and lordship of Montgomery and Builth, and the coinage of tin and other revenues in the duchy of Cornwall and county of Devon. By king and council in parliament. Dated 9 November 1422.

Source : CCR 1422-9 , 26.

5

Order to sheriffs to issue proclamation that no liege subject should refuse to pay the sums incumbent upon him nr incite others to do so, as the convocation has granted the late king a tenth and 'with the assent of the lords spiritual and temporal in the parliament last held at Westminster' the commons of the counties granted a fifteenth and the burgesses a tenth, and one moiety of that tenth and fifteenth is yet to be paid. By king and council in parliament. Dated 26 November 1422.

Source : CCR 1422-9 , 51. The tax grant referred to must be that made in the parliament of December 1421.

6

Commission to William Carant, escheator in Dorset, and William Payn to enquire concerning a petition of Theobald, brother and heir of John, son of Thomas Gorges, to the duke of Gloucester and the lords in the last parliament, relating to the age of Theobald stated in an inquisition concerning his inheritance of a fourth part of the manor of Sturminster Marshall. Dated 20 February 1423.

Source : CPR 1422-9 , 66.

7

A similar order, noting that Theobald had complained by petition to the duke of Gloucester and to the lords of the parliament held on 9 November 1422, which petition was remitted by the said parliament to the council. Dated 20 February 1423.

Source : CPR 1422-9 , 89. (See also CCR 1422-9 , 180-2, 30 April 1425, order to escheator of Somerset and Dorset to give him livery of the manor of Wroxhale, Somerset. This refers to Gorges petition in the parliament of November 1422 and recites the terms of his petition). See also Gorges' petition in 1425, Parliament of 1425, item 28)

8

Commission by assent of the council to John Wogan, Henry Wogan and John Merbury for certain reasons propounded in the late parliament by Benedict, bishop of St David's, to arrest John Llyot of Wales and bring him before the council. Dated 1 May 1423.

Source : CPR 1422-9 , 91.

9

Commission by advice of the great council to Master John Stafford, treasurer of England, to deliver to Henry, lord Fitzhugh, and others, executors of the testament of Henry V, in execution of the grant of goods etc to the value of 40,000 marks made to them pursuant to an act of Parliament, by indenture to be duly made between the said treasurer and executors, the following goods, chattels and jewels appraised by John Palyng and John Wynne, citizens and goldsmiths of London, as of the value of £15,569 5 s 11/4 d and other goods to make up the sum of 40,000 marks. Dated 7 July 1423.

Source : CPR 1422-9 , 136. The commission is printed in RP , V.403-4. As the editors of CPR noted, the list is as included in the roll of the parliament of 1423, item 31, save for one additional item.

10

Assignment to Henry, lord Fitzhugh and the other executors of Henry V's will in satisfaction of £8,266 13 s 4 d still due to them under the ordinance made in the parliament held in the king's first year. Dated 18 December 1423.

Source : CPR 1422-9 , 176.

11

Grant to certain English merchants of the staple of Calais, on petition to the king and council, in accordance with the terms of the grant of the subsidy on wool, hides and woolfells made in the parliament of I Henry VI and continued in subsequent parliaments until five years from Michaelmas next, of licence to ship wool in quantities stated from Kingston upon Hull. Dated 24 July 1426.

Source : CPR 1422-9 , 348.

12

Petition to the king and lords spiritual and temporal in parliament by the merchants of the Hanse in the light of demands for payment of custom made upon them by John Perneys and Ralph Barton, previously sheriffs of London.

The reply to this petition appears in a schedule attached to the same. Both parties agree to abide by a decision of the council.

Source : PRO SC 8/24/1180, with schedule at SC 8/24/1199, printed in full in RP , IV.192. On 23 December 1423 a writ of supersedeas by the advice and assent of the lords in the last parliament was awarded whilst the case was pending. By petition in parliament. CCR 1422-9 , 49-50.

13

Petition to the king and lords spiritual and temporal in parliament by Richard Hankford and Elizabeth his wife, concerning her rights to the manor of Whittington as daughter of Sir Fulk Fitzwarin. On Friday 13 November, during the present parliament, William Fitzwarin and Richard Laken with a large number of Welshmen arrayed as if for war, assaulted and entered the castle of Whittington. The petitioners request that the offenders should be summoned before Chancery. The reply to this petition, delivered in the parliament of November - December 1422 appears in a schedule attached to it. This schedule notes that the petition was read in parliament, and that it was agreed that proclamations be issued in the counties of Shropshire and Berkshire and in the march of Wales that William Fitzwarin and Richard Laken be summoned to appear before Chancery within fifteen days of the issuing of the proclamations to answer the charges.

Source : PRO SC 8/24/1181, with the schedule at SC 8/24/1182, printed in full in RP , IV. 192-3.

14

Petition to the commons in this present parliament requesting that aliens should not be allowed to be involved in the office of brokerage in mercantile activity in England.

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

Source : PRO SC 8/24/1183, printed in full in RP , IV. 193.

15

Petition to the commons by John Foster, clerk, concerning the prebend of Biggleswade.

Endorsed : Let it be sent to the lords. Reply is given that it was agreed in the present parliament, at the request of the commons, that he should have the prebendary.

Source : PRO SC 8/110/5499, printed in full in RP , IV. 194.

16

Petition to the king by John de Orell concerning the payment to him of an annuity of £20 per annum from the fee farm of the city of Chester, which had been granted to him by King Henry V but not put into effect before the king's death.

Reply is given that the king wills and grants, by the advice of the Lords in this present parliament, that the annuity should be paid. It is noted that those who were with the late king at the time he made the grant gave testimony to the present parliament.

Source : PRO SC 8/24/1184, printed in full in RP , IV. 194.

17

Petition to the king by William Say, Adam Penycock and Robert Daunton, grooms of the chamber of Henry V, concerning a grant of £19 2 s 6 d made to them by the late king from the ulnage and subsidy on cloth in Berkshire and Oxfordshire, which had not been put into effect before the king's death.

Reply is given that the king wills and grants, by the advice of the lords in this present parliament, that the annuity should be paid. It is noted that those who were with the late king at the time he made the grant gave testimony in the present parliament.

Source : PRO SC 8/28/1351, printed in full in RP , IV.194-5. Letters patent noting the grant for life by the assent of the lords spiritual and temporal in parliament were issued on 16 December 1422 ( CPR 1422-9 , 43).

18

Petition to the king by Humphrey, son of Edmund, late earl of Stafford, for livery of his lands despite being a minor. He claims that this was granted to him orally by the late king before his death.

Reply is given according to a schedule attached to it. The king wills and grants, by the advice of the lords in this present parliament, that the lands should be delivered. It is noted that those who were with the late king at the time he made the grant gave testimony in the present parliament.

Source : PRO SC 8/142/7061, with schedule at C 49/15/1, printed in full in RP , IV.195. See also letters patent issued on 11 February 1423 for the grant by assent of the lords spiritual and temporal in parliament of livery of his lands, noting that the duke of Exeter, the Lord Fitzhugh and many other knights confirmed in the parliament held at Westminster on 9 November that the late king had made such a grant by word of mouth ( CPR 1422-9 , 75), and orders sent to escheators, 14 December 1423 ( CCR 1422-9 , 89).

19

Petition to the duke of Gloucester and to the lords of the present parliament by the prior and convent of the Friars Preachers (Dominicans) of London, of the University of Oxford and of the University of Cambridge for the confirmation and payment of annual grants of alms made to them by the late king, which are made void by the king's death.

Reply is given that it should be as is desired.

Source : PRO SC 8/24/1185, printed in full in RP , IV.195-6. Letters patent were issued on 10 December 1422 (CPR 1422-9, 13).

20

Petition to the duke of Gloucester and to the lords of the present parliament by Thomas Payn who has been held in prison for a long time that his case should be dealt with.

Reply is given that the record of the Bench be seen and examined before the king's commissioner and the lords of parliament, and action be taken according to their discretions.

Source : PRO SC 8/24/1186, printed in full in RP , IV.196. ( POPC , III.4, 1 October 1422, notes his imprisonment for treason. See also Parliament of 1422, item 20, and Parliament of 1423 items 18 and 60).

21

Petition of Joan, late the wife of John Oldcastle, concerning the manor of Burnham, Norfolk.

Reply is given that it was agreed at the parliament held on 9 November 1422 with the assent of the lords this petition was sent to the Chancery with the order that the chancellor should do right to the petitioner according to the dictates of the law.

Source : RP , V, 401-3. Commission was issued on 4 January 1423, by advice and assent of the lords spiritual and temporal in the last parliament, to Sir Thomas Erpingham and others to enquire into Joan's claim ( CPR 1422-9 , 90).

22

It is ordained for the profit of the king and the ease of his people that the lords of the king's council at the time may assign, by authority of the said parliament masters and workers to make money of gold and silver to hold the exchanges of money both in the city of York and the town of Bristol and also in as many places as the said lords shall deem necessary, according to their good advice and discretion, any statute or ordinance to the contrary not withstanding. Dated 1422.

Source : SR , II.213, 1 Henry VI, c. 1.

23

Petition of Queen Joan to the duke of Gloucester and the lords spiritual and temporal of the council concerning her lands. On the dorse it is noted that it was agreed by all the lords of the council 'en la chambre du conseil du parliament a Westminster' that an order under the privy seal relating to the substance of the grant of dowry made to Queen Joan as in her petition and to allow her arrears.

Source : PRO E 28/39 unnumbered (previously E 404/39/63). Petition and endorsement dated 12 December [1422]. Although this matter was dealt with in council it is interesting to note that discussion took place during the parliament 'in the chamber of the council of the parliament at Westminster', reminding us of how the council met separately and continued its business during a parliament.

24

Order by the king to the chancellor of England, concerning the statute made at the parliament of 1422 on Irish students at Oxford, who have demonstrated to the council that they are not guilty of the offences therein named. The king orders that letters be issued allowing such students to be accepted if they have 'lettres testimoniales' of 'prudhommes' of Ireland to show to the chancellor of Oxford by Michaelmas next.

Source : PRO E 28/41/44. Dated 10 May 1423. There was further discussion in June 1423: E 28/42/54.

25

Petition of English merchants to the commons against the actions of the Hanse

The merchants of England ask and give to understand that whereas at all times the merchants of the realm of England venturing to the town of Danzig in Prussia and in all lands thereabouts were wont to have and deal in their merchandise in the said town and land as pertains to merchants, as free, as the merchants of the Hanse of Almain, called Easterlings, do in this land, until of late the mayors and council of the town of Danzig out of spite, in hindering of the said merchants of England, have made many ordinances contrary to long-established custom, as the following points clearly prove. Of which matter and points so ordered by the said mayors and council of Danzig, so that the realm of England as well as the said merchants of the same realm are greatly impeded, and it is required that remedy be provided for this in this present parliament by your great foresight and wisdom. Wherefore your great wisdoms may note the matter and points hereafter written. And over this beseeching and desiring the mighty and highborn prince, the duke of Gloucester, and all the noble lords, both spiritual and temporal, in this present parliament, that help and remedy be ordained in this matter, both for the profit of the realm, and for the help and advancement of the aforesaid merchants of England.

Firstly, whereas all merchants of England trading in Prussia and all [the towns] of the Hanse were wont to have and by right should have of old their company of merchants together with its governor called their 'headman' [ alderman ] in all towns in Prussia and in all the Hanse, and especially in the town of Danzig, in the same way as those of Prussia and of the Hanse have in London and in all other towns of the realm of England, those of Prussia and of the Hanse will in no way suffer the English merchants to have a company as aforesaid; on the contrary the mayors of Danzig have afore this time held it so with the merchants of England, that they made all the merchants of England then being there come before them in their guildhall, and ordered them that they should not together form any company and ordered them to dwell in inns. And the merchants of England answered and petitioned the mayors of Danzig that they might be treated in Prussia as their merchants were in England, and might have their privileges and freedom as their merchants have in England. And the mayors of Danzig ordered their beadles, called 'hangmen' in English that they should lock the doors and gates of the houses in which the English were with iron chains, and to prevent them from dwelling there so that they might stay in hostelries. Therefor the English merchants were forced to go into hostelries, to the great injustice and spite of all English merchants and of all the realm of England. And at another time, the English merchants formed again a company as is aforesaid, to claim their freedom and privileges that they should have by right; so that the mayors of Danzig summoned before them all the merchants of England who were there at the time, and ordered them not to use or have such a company, on pain that men should do so to them, that the dogs of Danzig should lick their blood off the streets of that town; so that for fear of their lives all the merchants of England trading in Prussia are in hostelries to the great spite of all Englishmen. And furthermore the same person who had previously been chosen to be governor of the English merchants was cast in prison, and would have been done to death, had it not been for great help from English merchants, and the said governor was afterwards heavily ransomed. These points are true, and shall be proven when it is your will.

Whereas the merchants of England trading in Prussia and especially in the town of Danzig were wont to have and to use their merchandise, in buying in the town of Danzig on certain days called market days: the mayors of Danzig in their malice have ordained that no manner of merchandise shall be bought by any Englishmen, but solely by the burgesses of Danzig.

Also, in the month of July A.D. 1422 the said mayors and aldermen of the town of Danzig in their malice summoned before them all the merchants of England being there at the time and forced them and each of them by duress of prison to give them 6 marks of Prussian money, which in English money is 16s 8d, unjustly and without cause.

Also, the aforesaid mayors and council of Danzig out of their malice have ordained that each person of England from this time forward shall give each quarter while abiding in the town of Danzig 6 marks of Prussian money, unjustly and without cause.

Also the said mayors and council of Danzig have ordained that each mechant of England abiding in the said town of Danzig over the winter shall find full surety that he shall not trade there during the winter, under pain of a fine of 3 marks of Prussian money each time that he be found in breach.

Also the same mayors and council of Danzig have ordained contrary to the custom established of old that no merchant of England trading there shall buy bowstaves nor 'waghenschot' from anyone except from the burgesses of the said town of Danzig to the great detriment and hindering of the realm of England and the merchants of the same.

Also whereas Robert atte Woude of London, John Kutbert of York, William Bery of Norwich, and Andrew Hamelot of Lynn, coming from Prussia, going to 'Schoenen', to do their trade, were taken captive in one of the towns of the Hanse, called Greifswald. And there they captured us, like as if we were Jews, one part within the town and one part six miles outside; and they forced us to run before them, as if we had been beasts; and they set us in the stocks, and bound our legs with chains for six weeks, until Michaelmas. And there was frost and snow; and we could not lie down, but remained upright on the cold boards; and we could not see our feet until we were set free. And one day they said we should be hanged, and another day that we should be beheaded. And we asked them what the cause were, and they would not tell us in four weeks or more. And they said that we had done nothing to them, nor anyone of the towns from which we came, but those of Newcastle had done them harm 20 years before, and for that we should pay and all the English. And we said that they were doing us an injustice, for they are freer than we are at home in our land, and in all the towns of England, and all the 72 towns of the Hanse and many other towns as well, which they defend under their charter; wherefor they do us great injustice, that they should capture us for those of Newcastle, when in our country they may easily have them brought to justice; and we hoped when we came to this town that we had come among friends. And they said that they were our enemies, and of all England, and so they would be; and they said that they held not with our king, for we are all pirates. And afterwards, when they had taken from us all that we had or could borrow, they ransomed us, so that we were freed. And we came before the King's council petitioning for a remedy; that they should write write to all the Hanse that they should acquit us of our ransom and restore our damage. And when this letter came to them, they took no heed thereof. Wherefor we came again before the king's council and demanded money and goods from those of the Steelyard, and they of the Steelyard told many people that we four were mad to demand any goods, and it should cost each of us £200, whereas it would not coast one of them 2d. And they said to us in their land that, and were it the case that they slew one Englishman or 100 they would make their peace with our Lord with one noble for a man. Wherefor, worshipful and wise men, for God's sake see that this may be remebdied for the worship of this realm, in that it is to our undoing and of many others more, and a great disgrace to all this land.

Also that at the time when the Lord Scrope of Bolton was made by our gracious Lord King Henry V of blessed memory admiral of the northern sea, the said Lord commandeered by force of his office a ship of John Betfford, merchant of Hull, called the Bartholomew of Hull, to serve the said King for the keeping of the sea. And it came to pass that the said admiral took a ship of Prussia loaded in Scotland with goods and merchandise of that land. And after that time, the said ship called Bartholomew sailed to Prussia as a merchantman to a town called Danzig loaded with cloth and other merchandise, and there the said ship with all its cargo worth 800 marks was seized on 15 July in the 8th year of our said lord [Henry V], and has remained there. So that the said John may in no wide have deliverance thereof, notwithstanding that the high and mighty prince the duke of Bedford has written his letters and sent them to the said mayors of the said town of Danzig to have deliverance of the said goods and merchandise, and also notwithstanding that the said ship called Bartholomew was on the king's service by force of the commandeering of the said Lord Scrope.

Also whereas a ship called the George of Hull was freighted with certain merchandise to sail to Danzig in the 10th year of the said king [Henry V], to load other merchandise, and might not come into the hands of the merchants of Danzig because of the commandeering of the said Bartholomew, and the said merchants said that the George had been present when the said ship of Prussia was taken by the said Lord Scrope. And therefore the master of the said George sent his purser from the same ship to the said town of Danzig to send their merchandise from Danzig by other ships. And so he did. And when the mayors got wind of this, they seized all the goods that had been sent to the said George in this manner, that is to say, bowstaves, 'wagenschot' and other merchandise, of William Bowes of York, Robert Holm, Thomas Davy and other merchants, of a value of 100 marks, and they still detain them. And furthermore the servants of the said merchants, who sued to have deliverance of the said goods in their masters' name were seized and held in prison for 2 days and 2 nights, in breach of ordinances and statutes ordained in this realm over that, and also against a certain concord made between the realm of England and the land of Prussia by the ambassadors of the said realm of England and the said land of Prussia.

Item whereas Thomas Plunket, Thomas Worstod, John of Bury, John Brekeroep, Richard Waterden, Philip Franke and John Copenot, merchants of Lynn, had a plea in the court of admiralty before the lieutenant of the our lord, the duke of Exeter, admiral of England, against Johan Smyth of Danzig in Prussia over manifold injustice done to them at sea by the same Johan Smyth, and all the points and articles brought in the said plea were proven by the same merchants of Lynn against the said Johan Smyth according to law and the custom of the law, so that sentence was passed for the said merchants of Lynn against the same Johan Smyth, and the same judgment was certified by the said lieutenant under the admiral's seal to the governors of the same town of Danzig. The same governors gave no credence to the certificate and took goods and merchandise of the said merchants of Lynn to the value of £160 English money, and delivered them to the said Johan Smyth, for that the said merchants of Lynn had sued the same Johan Smyth in the court of admiralty of England. And they took the servants and attorneys of the same merchants of Lynn and put them in prison and held them there for a long time to the great undoing of the said merchants of Lynn.

Wherefore may it please you, worshipful men, to petition and desire of our highborn and gracious Lord and of the high and mighty prince, the duke of Gloucester, and of all the lords, both spiritual and temporal, in this present parliament, to note these aforesaid points and articles, and that in a bill of the chancery of the noble Lord Edward, son of King Henry, sometime King of England (which King Edward gave to the merchants of Almain and the towns of the Hanse all freedom and privileges which the same merchants had and have in England), following on from the instrument of the charter of the said King Edward of the said freedom and privileges, there is recorded a condition to the said charter, as is declared hereafter, viz.:

(Latin) under condition that when the merchants of England come to the area of the merchants of Germany with their merchandises they should be dealt with amicably and honestly and have similar conditions and free merchandising as the said German merchants have in the realm of england and exercise merchandising freely according to the liberties contained in their charters, and that the master of the land of Prussia at the time and the governors of the towns of Lubeck, Wissemer, Rostok, Stralsund, Greifeswald and others there belonging in their own persons or through deputies around the feast of the Nativity of Saint John the Baptist next coming appear before our council to reply on divers injuries and misdeeds committed on English merchants and make satisfactory and appropriate restitution of debts according to the ordinance of our council. and that the said merchants of the town of the Hanse by colour of their liberties in England should not recieve any alien from any town under their liberties by which our custom might in any way be diminished, and that if anyone demands to be under these liberties, he will not be accepted in England unless he has testimonial letters sealed under the authentic seal of the towns of the Hanse. And if anything is done to the contrary, the lord king wishes and intends with the advice of his council, to revoke and annul immediately and in perpetuity the said charter in all its articles, liberties, privileges and acquittances.(end of Latin section)

Which condition by order of the high, noble and gracious Lord, Henry [IV], sometime king of England, grandfather of our gracious lord, that now is, was copied into the rolls of chancery to the end that both the said English merchants and the said merchants, shall have clearer knowledge of the said condition; as it is also evident by a record, exemplified by writs under the great seal of King Henry [V] late King of England, father of our gracious lord that now is, which the said merchants of England have given you to understand. And may it please our gracious lord by authority of the said present parliament, to confirm the statute made in the parliament of the said right noble and gracious prince, grandfather of our said gracious lord, in the fifth year of his reign; wherein it is established that all alien merchants, of whatever estate or condition, coming, dwelling or abiding in the realm of England shall be held and treated in the same realm of England in such manner, form and condition as the free merchants are or shall be treated and held over seas, under pain of forfeiting to the king all the goods and possessions of the said alien merchants and under pain of prison for the said merchants; and to add to the same statute that, if it be so that the same merchants shall not keep to their side of the condition abovewritten, or if the English merchants trading in the land of Prussia, Almain or any town of the Hanse, shall be treated in any other wise in those lands than the merchants of Prussia, Almain or the Hanse are treated in England, then all the freedoms and privileges, granted to the same merchants of Prussia, Almain or the Hanse, shall be null and void; and that in all charters of freedom and privileges, granted or confirmed to the same merchants or to any town of the Hanse, or to any of their heirs or successors from this time forward, be included the condition that, if it be so that the merchants of England in are treated in any other manner or form in those lands than the same alien merchants are treated here in England, then the same letters of grant or confirmation shall be null and void; or to ordain otherwise by the abovesaid authority to the same English merchants another strong and sufficient remedy, both for this present suffering and for other great and manifold vexation, which may shortly come; this to have in their greaterst and highest wisdom for the sake of God and by way of rightjustness.

Source : Die Recesse und andere Akten der Hansetage von 1256-1430 , ed. Karl Koppmann (Leipzig, 1870-97) vol. VII, 395-401. Original in German. I am grateful to Dr Hannes Kleineke for this reference and for the translation of the German sections.

26

Verbal complaint of the English merchants before the Lords [probably made in parliament of 1422]

Item the English merchants complained verbally before the lords that they may have no counsel in Prussia, when they have any matters to pursue there, nor will anybody else stand by them, nor give them counsel in any wise in their affairs. And they desired, that it might be held the same way with us [i.e. the Hansards].

Item the same merchants complained before the Lords that their goods had been taken by force from their houses which they had in Prussia outside Danzig; which goods had been worth more than £400 in English money, to their utter destruction if they did not get them back.

Item they presented that all our privileges and freedom were abused, and the King should take them away by right, because the towns of the Hanse had admitted other towns to the Hanse, which had not previously been members, whereby the king daily loses his customs, which is to his great prejudice. Item the same merchants presented that the men of Danzig have taken their banners emblazoned with the King of England's arms, and have thrown it into the dirt, to spite the Crown of England, and took afterwards the same arms and nailed them to the pillory like a thief's ear to spite all the English who were there.

Source : Die Recesse und andere Akten der Hansetage von 1256-1430 , ed. Karl Koppmann (Leipzig, 1870-97) vol. VII, 401. Original in German. I am grateful to Dr Hannes Kleineke for this reference and for the translation.

27

The merchants of the steelyard to the common diet of the Hanse.

[...]Please know that whereas we have here long been pursued by those of London and also by a part from other towns of the realm of England, as for a certain custom that they want from us, which is however contrary to our charter and privileges, which have been confirmed to us from king to king, and we also have certain letters of the city of London not to have to pay the same custom, as is aforewritten. And they are now very much against us and have caused us great cost and damage for four years, and still do so daily. And the King, to whom God by gracious, intended to have done justice therein, as between the city of London and the [Hanseatic] merchants: now it is God's will that the King has died, so that they are now even more against us than before seeking to diminish our freedom and privileges. And certain letters have been brought before Parliament and the privy council wherein they complain grievously first before the commons and then before the most senior lords of the land, both spiritual and temporal, of which we send you copies in this sealed letter, and beseech your great wisdoms to deal with them as you see fit, for you will find that there is need. And they are setting up many new customs for us, which we did not use to pay before, as on salt, on tunned goods, wax and all kinds of goods and merchandise. [...]

Furthermore, dear lords and good friends, please know, as we told you above, whereas the common merchants of England have been and still are against us, the common lords [ ghemeyne heren ] of the Parliament, both spiritual and temporal, have been very much our friends, so that it seems good to us, and we also ask of your wisdoms, to thank the lords on our behalf, so that they may know that we have informed you that they have shown themselves friendly towards us.[...]

Source : Die Recesse und andere Akten der Hansetage von 1256-1430 , ed. Karl Koppmann (Leipzig, 1870-97) vol. VII, 402. Dated 11 January 1423. Original in German. (See Appendix item 12 above for the petition of the Hanse against the custom charged in London). I am grateful to Dr Hannes Kleineke for this reference and for the translation. Dr Kleineke points out that the term 'ghemeyne heren' is usually used for the commons, but as the text qualifies here as spiritual and temporal, it must mean the lords. It is possible that there is a missing 'and' between 'ghemeyne' and 'heren', and that what is meant is that both the commons and the lords were in favour. This would also make sense of the reference to 'common merchants' in that the writer intended to distinguish between the parliamentary commons who were supportive and the common merchants who were not. Note that there is also a Latin petition by the town of Danzig to the privy council in this volume, 405-6.

28

The Prussian towns to the towns of the Hanse.

[...]We have received your recent letter and read of the great burdens imposed upon the Hanseatic merchants in London by the King of England's council, and of other violence and injustice etc., and in your letter you asked us to effect that English merchants among us might be placed in similar trouble. We ask you to understand that on account of the matter we were at Marienburg with the Grand Master, our Lord, and laboured diligently for your request, but we realised that it was not to be done at this time on account of several matters, of which you shall know. So we left our Lord the Grand Master thus, that he would write in the matter to the Lord King and the Parliament. We also will do the same, and we will let your wisdoms know what answer we receive.[...]

Source : Die Recesse und andere Akten der Hansetage von 1256-1430 , ed. Karl Koppmann (Leipzig, 1870-97) vol. VII, 425-6. Dated 20 August 1423. Original in German. I am grateful to Dr Hannes Kleineke for this reference and for the translation.

Footnotes

  • int1422-1. 'Gregory's Chronicle', in Historical Collections of a London Citizen , 149; Great Chronicle of London , 123.
  • int1422-2. Parliament of 1415, item 5.
  • int1422-3. Parliament of December 1421, item 10.
  • int1422-4. J. S. Roskell, 'The office and dignity of protector of England, with special reference to its origins', EHR , 68 (1953), 193-233; S. B. Chrimes, 'The pretensions of the duke of Gloucester in 1422', EHR , 45 (1930), 101-3.
  • int1422-5. RP , IV.194; Parliament of 1422, Appendix, item 15.
  • int1422-6. CCR 1422-9 , 46.
  • int1422-7. RDP , IV.855-7, CCR 1422-9 , 43-4. They were additionally authorised by the lords and nobles present at the council on 30 September, POPC , III.3-4.
  • int1422-8. Davies, 'Attendance of the episcopate', 62.
  • int1422-9. Roskell, Commons in the Parliament of 1422 , 41, 45, considered that he had identified 262 members, 74 knights of the shire and 188 burgesses.
  • int1422-10. RDP , IV.852.
  • int1422-11. POPC , III. 6-7, translated in English Historical Documents , IV.232-3.
  • int1422-12. HOC , III.91-4. Flore was chief steward of the duchy estates in Lancashire and Cheshire from 1416, and by the end of 1422 was chief steward of the late king's feoffees in Lancashire.
  • int1422-13. Roskell, Commons in the Parliament of 1422 , 113-120.
  • int1422-14. The last so far discovered is dated 27 October 1452, CPR 1452-61 , 23.
  • int1422-15. CCR 1422-9 , 56. 18 Feb 1423. See also POPC , III.21 for the decision of the council on 20 January 1423.
  • int1422-16. See, for instance, the petition of the duke of Gloucester and the earl of Salisbury (Parliament of 1427, item 16). The general pardon is item 31 of the parliament of 1437.
  • int1422-17. For the whole issue Roskell, 'Office and dignity of protector'; Watts, Henry VI and the Politics of Kingship , 113-7.
  • int1422-19. John Hardyng's Chronicle , ed. H. Ellis (London, 1812), 390-1, Harriss, Cardinal Beaufort , 117.
  • int1422-20. Calendar of Letter Books of the City of London. Letter Book K , ed. R.R. Sharpe (London, 1911), 4.
  • int1422-21. Harriss, Cardinal Beaufort , 116.
  • int1422-22. J. Stratford, The Bedford Inventories. The Worldly Goods of John, Duke of Bedford, Regent of France (1389-1435) (Society of Antiquaries, London, 1993), 7.
  • int1422-23. Harriss, Cardinal Beaufort , 117.
  • int1422-24. Parliament of 1420, item 25.
  • int1422-25. Roskell, Commons in the Parliament of 1422 , 106. For a full discussion of its membership, see Harriss, Cardinal Beaufort , 118-20.
  • int1422-26. Harriss, Cardinal Beaufort , 116-7, notes that Chichele's sermon reflected the assumption that 'government would be through a council of all estates along the lines of Richard II's minority, though he carefully left the nature of its headship undefined'.
  • int1422-27. Exodus 18: 21, 22.
  • int1422-28. For important discussion on the articles see Watts, Henry VI and the Politics of Kingship , 114-5.
  • int1422-29. Parliament of October 1377 (items 23, 24).
  • int1422-30. For the resulting grant see CPR 1422-9 , 7, dated 5 December 1423.
  • int1422-31. For the grants, see respectively CPR 1422-9 , 8 (30 November), 5 (10 December).
  • int1422-32. CCR 1422-99 , 75-6, memorandum that on 8 July 1423 the chancellor delivered to the treasurer the indenture made by the prior giving his quitclaim.
  • int1422-33. CPR 1422-9 , 106-7, 108-9.
  • int1422-34. Thomson, Later Lollards , 17-18.
  • int1422-35. The issue of pardons was agreed by the council on 19 March 1423, POPC , III.39. For other matters referred to the council see Ibid., pp. 40-1.
  • int1422-36. See, however, the special commission in 1427 set up to deal with an appeal arising out of a case heard by the mayor of Calais, CPR 1422-29 , 390.
  • int1422-37. SR , II.213, 1 Henry VI, c. 1.
  • int1422-38. For the appointment of collectors noting grant made in parliament, see CFR 1422-30 , 18-20, 24, 27 (8 February 1423), and 60 (14 November 1423).
  • int1422-39. The Great Chronicle of London , 123, claims that it was for three years. The various versions of Gregory's chronicle give one year, three years and five years ('Gregory's Chronicle', in Historical Collections of a London Citizen , 149).
  • int1422-40. POPC , III.35.
  • int1422-41. POPC , III.110-11.
  • int1422-42. POPC , III.117.
  • int1422-43. I am extremely grateful to Dr Hannes Kleineke for this information.
  • int1422-44. Harriss, Cardinal Beaufort , 123-4.
  • int1422-45. Griffiths, Reign of Henry VI , 110-1.
  • int1422-46. Roskell, Commons in the Parliament of 1422 , 124.
  • iv-169-7-1. Psalms 47, 9.
  • iv-169-73-1. PRO SC8/113/5639, 119/5912.
  • iv-169-116-1. Parliament of (May) 1421, item 19.
  • iv-169-127-1. SR , II.214-5 (c. iv).
  • iv-169-135-1. SR , II.215 (c. v).
  • iv-169-139-1. SR , II.76
  • iv-169-139-2. Parliament of (December) 1421, item 15.
  • iv-169-142-1. SR , II.215-6 1 Henry VI (c. vi).
  • iv-169-150-1. PRO SC8/24/1178.
  • iv-169-154-1. Parliament of 1414, item 21.
  • iv-169-158-1. Parliament of 1414, item 21.
  • iv-169-168-1. Parliament of (May) 1421, item 18.
  • iv-169-192-1. No such statute is included in SR for 17 Richard II. The statute meant is probably that of 15 Richard II, SR , II.82 (c. xii).
  • iv-169-198-1. SR , II.213 (c. ii).
  • iv-169-205-1. SR , II.214 (c. iii).
  • iv-169-208-1. SR , I.346 (c. vii).
  • iv-169-208-2. SR , II.4 (c. xi).
  • iv-169-208-3. SR , I.283.
  • iv-169-208-4. SR , II.206(c. i).