BHO

Henry VI: November 1439

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

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Citation:

In this section

1439 November

Introducion 1439-40

Westminster

12 November - 21 December 1439

Reading

14 January - 8/24 February 1440

C 65/95, RP , V.3-33, SR , II.301-315

C 65/95 is a roll of 16 membranes, each approximately 315mm in width, sewn together in chancery style, and numbered in a later hand. The condition of the roll is generally good, though membranes 14, 13, 8, 7, 6 and 3 are stained with gallic acid. The text, written in an official chancery script, occupies the rectos of the membranes only; the dorses are blank apart from later notes, 'parl' apud Westm' crastino Sancti Martini 18 H. 6, or 'parl' apud Westm' anno 18 H. 6'. The lower halves of membranes 13 and 8 are blank. Marginal headings on membrane 16 are contemporary, the rest are later. Arabic numerals throughout the roll are later, but the Roman numerals alongside the common petitions are contemporary. The roll does not appear to be incomplete. Its composite nature is clear with prelimiary business and the prorogation occupying the first membrane (16), the tax grants and their assignments the next two membranes (15 and 14). Petitions on pruveyance begin membrane 13 but this also contains the first petition concerning Plymouth. Private petitions occupy membranes 12 to 7, each membrane starting with a new item. The common petitions start on membrane 6.

The parliament of 1439-40, for which writs of summons were issued on Saturday 26 September 1439, had two sessions. The first opened at Westminster on Thursday 12 November (fn. int1439-1) and continued for five and a half weeks until a prorogation for Christmas was issued on 21 December. (fn. int1439-2) At this point, members were ordered to reassemble at Reading (Berkshire) on 14 January (item 11). No reason for a change of location was given in the order, but the threat of plague may have been behind the decision to move from Westminster. It is perhaps significant that a common petition in the parliament (item 58) asked that, given the presence of plague in the realm, MPs who held by knight service might be dispensed from the kiss of homage to the king, for the sake of preserving his health. The change of location may, however, have a more political reason behind it. The first session had, it seems, proved difficult: the Brut tells us that parliament had lasted until Christmas 'and might not accord'. (fn. int1439-3) A prorogation as close to Christmas as 21 December might suggest that the government had prolonged the session for as long as possible in the hope of persuading the commons to agree a tax grant. No such grant seems to have been made at this stage, and we must assume that all of the taxes (the lay subsidy, trade taxes and tax on aliens, at items 11-13) were not formally agreed until the end of the second session at Reading, although the grants on the roll are undated. Indeed, a notable characteristic of this parliament roll is the lack of dates within it save for those concerning the opening procedures on 12 November, the election of the speaker on 13 November, and the prorogation on 21 December.

The date at which the second session ended remains uncertain. (fn. int1439-4) The chronicle in Julius B I places its termination at Shrovetide, which would imply Tuesday 8 or Wednesday 9 February, but the Vitellius A XVI text claims that the parliament ended on 17 February. A closure around this date is supported by the only surviving wage dispute for a member of the parliament. (fn. int1439-5) Yet the parliament may have lasted for longer. A writ of summons was issued from Reading to John, lord Dudley (b. 1400), on Sunday 15 February 1440, ordering him to be present in parliament on the following Saturday, 21 February. (fn. int1439-6) Writing in the late sixteenth century, John Stow claimed that Dudley had been made a peer on the last day of the parliament. (fn. int1439-7) We cannot be certain that Dudley arrived on 21 February (there is no reference to Dudley on the roll itself), or that this was the last day of the parliament. A grant made to Edmund Hampden, one of the king's esquires, on 20 May 1440 notes that a previous grant made to him on 22 February was rendered invalid 'for reason of certain ordinances and acts made in the last parliament before 22 February'. (fn. int1439-8) From entries on the patent rolls it would seem that the king was still in Reading until at least 24 February, so a termination around then is also possible, although we might speculate that the lords continued meeting for some days after the end of the full parliament. The second session therefore lasted from between four to six weeks.

The previous parliament had closed on 27 March 1437. The gap between this end date and the opening of the parliament of 1439, at two and a half years, was the longest to date in the reign of Henry VI. It inaugurated a pattern which was to be followed for the next ten years, with parliaments being held at intervals of more than two years. We have an obvious contrast with the years of the minority where parliaments had been held annually, or at least within eighteen months of each other. (fn. int1439-9) The parliament of 1439 was the first held since Henry VI had assumed personal control. (fn. int1439-10) Thus the contrast in frequency of the parliaments must be ascribed principally to the change in the structure and style of government which arose from Henry's coming of age at the end of 1437. As we shall see, several items on the roll also reflect these changes. The parliament of 1439 produced a disproportionately long roll given the duration of its sessions. The roll includes an extremely large number of enrolled common petitions, twenty-eight in all. This figure matches the number in 1433 when Bedford had been present in England. Only the coronation parliament of 1429, with 41 enrolled common petitions, produced a higher figure. Moreover, in 1439 there was a large number of other petitions put forward. The high number of all kinds of petitions was partly the result of the lengthier gap between parliaments, but it was also perhaps due to the desire to place matters before the king in person. In some cases, both in the common petitions and elsewhere in the roll, we can also detect growing concern about the conduct of government since the end of the minority, not least in the increasing costs of the royal household. Thus the commons expressed their particular concern over the abuse of purveyance, giving rise to the resolution that 'the king's victuals should be paid for', as the BL Cleopatra C IV chronicler puts it. (fn. int1439-11)

Much of the business before the parliament, however, has a familiar ring to it, resulting from a continuation of issues and difficulties already experienced in the minority. At the centre of 'old' issues was the war with France. The defence of Calais continued to loom large as in previous parliaments, and was a matter of the parliament's business noted by the BL Cleopatra C IV chronicler, along with the keeping of the sea. (fn. int1439-12) Hostility to foreigners had been latent in the commercial community for some time but had been fuelled further by the anti-Flemish feeling consequent upon the duke of Burgundy's defection in 1435. It was at the parliament of 1439 that it reached what one might call its logical conclusion with the introduction of a tax on aliens living in England and a requirement that all alien merchants should be under a 'host' in England, with further controls over sale of merchandise. It was such matters which chroniclers chose to note for this parliament. Both the hosting and tax on aliens are mentioned in Gregory's Chronicle and in the Vitellius A XVI and Cleopatra C IV versions of the Chronicles of London. (fn. int1439-13) Benet only mentions the tax on aliens but provides specific details of the rates imposed on different groups, whereas the 'Short English Chronicle' mentions only the order concerning hosting, and the Brut mentions neither. (fn. int1439-14) This selective recollection should come as no surprise when we remember that most of the chronicles of this period emanate from London where there was the greatest concentration of foreigners and merchants. The Vitellius A XVI chronicler tells us that the legislation on hosting should have been introduced long ago, adding that even though it had now been established, it was not being effectively implemented, which was 'to the great hindering of the merchants of England'. Caroline Barron has shown that the City was particularly interested in the proceedings of the 1439 parliament. (fn. int1439-15) Not only were the MPs for London briefed at a meeting of the court of aldermen before they departed for the first session, but they also reported back after the dissolution. There was also a plan to send the recorder to Reading to assist the London representatives in pursuing their business. What exactly this business was is unclear. It may have concerned jurisdiction over the Thames (Parliament of 1439, Appendix, item 10) but may have been more broadly connected with the hosting issue.

But the parliament once again needs to be seen principally in the context of the war with France. Richard, duke of York, had been reluctant to extend his term of office as lieutenant general and governor of France. On 7 April 1437, the council thanked him for his services and asked him to stay in France until a replacement could be appointed. This took some time, and York was asked to remain in France until 1 July. (fn. int1439-16) By 26 April 1437, Richard, earl of Warwick, had agreed to replace York, but his departure was delayed by further discussions on the nature of his authority and his payment, and the formal appointment did not occur until 16 July. (fn. int1439-16) The intention of the council to involve the king in decision making, in anticipation of his coming-of-age, is particularly marked in the negotiations over Warwick's post, where several matters were referred to the young monarch. The death on 9 July 1437 of Queen Joan, widow of Henry IV, further delayed the sending of Warwick. He may have crossed in September and he was certainly in Rouen by early November, at which point York returned to England. (fn. int1439-18) During Warwick's tenure of office, the English military position held steady and saw the recovery of parts of the pays de Caux, although Harfleur and Dieppe remained in French hands. But the earl was already ailing and never seems to have left the Norman capital, where he died on 30 April 1439. (fn. int1439-19) A full replacement was not immediately appointed. In the summer of 1439, the cardinal's nephew, John Beaufort, earl of Somerset, who had recently been released from captivity in France and for whom the parliament of 1439 was the first such meeting, began to play an increasingly important military role in Normandy. Indeed, it is highly significant that he indented to serve for a six month expedition in France on 15 December 1439, shortly before the first session of the parliament came to a close. (fn. int1439-20) On 12 December, he had presented a petition to the king concerning the costs he had incurred in his ransom. As a result he was granted compensatory payments out of the customs of London, so that he might do 'better service to the king in this expedition'. (fn. int1439-21) As in 1435, the meeting of parliament and council had proved a useful place to persuade magnates to undertake military service, and for them, in turn, to negotiate sweeteners. An early embarkation was envisaged, with the first muster ordered to be taken on 28 December at Poole. (fn. int1439-22) A second order to muster was issued in early February. (fn. int1439-23) It seems, however, that Somerset crossed with some of his men in mid to late January. Ships were to be at Poole by 16 January for his transportation. (fn. int1439-24) He was certainly present at the council at Rouen on 28 January. (fn. int1439-25) Thus it is likely that he missed most, if not all, of the second session of the parliament. His brother, Edmund, earl of Dorset, was already absent in the duchy and hence not present at the parliament of 1439, having been chosen in March 1438 to lead an expeditionary army to Lower Normandy. Such appointments, as well as the largesse heaped on the family as a whole, indicate that the cardinal's influence was significant.

It was largely through the Cardinal's loans that the cost of the war had been financed between 1437 and 1439, with repayment being assigned from the lay subsidy voted in the parliament of 1437. But such anticipation of revenue led to a lack of available income for other expenditure, such as for the expanding royal household, and for securing further loans. The lay subsidy granted in the parliament of 1437 saw its last instalment paid in November 1438. Yet parliament was not called until almost a year later, in November 1439. This may indicate an anticipation that the commons would be reluctant to vote another tax so soon. In this context, we must remember that the trade taxes had been granted for three years at the parliament of 1437 and so were not due to expire until 11 November 1440. In theory, therefore, the crown should have had guaranteed revenues over these years, but the continuing low levels of wool export had much reduced the income from the wool subsidy. In March 1439, commissioners were appointed to treat for a substantial loan in the counties, under the powers to collect loans approved in the parliament of 1437. Over £14,000 was raised, of which £6,666 13s 4d was contributed by the cardinal. (fn. int1439-26) But now a new influx of money was needed for repayment: a new parliament needed to be called.

A new factor had emerged, however, by the time of the parliament. Beaufort had been able to influence King Henry's interest in peace with France. It was the Burgundians who had first begun moves, motivated by their need to restore trade relations with England. By the spring of 1439, both the English and French governments had indicated their willingness to negotiate. Whilst the Cardinal was not an official member of the English embassy, he was to be 'mediatour and sterer to peace', with the duchess of Burgundy, related to the English royal house, occupying a similar position on the French side. (fn. int1439-27) The concessions which the French demanded at the peace conference held in Oye from June were not acceptable to the English as they required the surrender of the French royal title, and so the negotiations came to an end in mid September. Cardinal Beaufort did manage, however, to improve trade relations with Flanders; on 28 September an agreement was signed which 'reopened trade routes and guaranteed the safety of merchants and merchandise for three years'. The council approved the agreement on 10 October, and its duration extended for a further five years from January 1440. (fn. int1439-28) This led to a boost to the wool export.

It was increasingly clear, however, that Beaufort was keen for the duke of Orleans, captured at Agincourt, to be released, on the grounds that this would strengthen the opposition in France to Charles VII and thus bring him to the conference table in a more accommodating fashion than in 1439. Although the duke's release was not formally agreed until the summer of 1440 and he did not return to France until November of that year, the plan was already known to, and opposed by, Gloucester at the time of the parliament of 1439-40.

Thus the old personal quarrel between Gloucester and Beaufort, which the need for unity in the years immediately following the 'annus horribilis' of 1435 had temporarily quietened, erupted once more by the time of the parliament of 1439. The chronicler of BL Vitellius A XVI notes the parliament particularly for the many articles which were put against the cardinal by Duke Humphrey, although he does not define the content of these articles. (fn. int1439-29) The duke's articles were probably made orally at first, perhaps in general terms, but became more specific when put into writing. It is thought that that they were put before the second session of the parliament, although there is no mention on the roll of them, nor indeed of the dispute as a whole. (fn. int1439-30) This matter will be returned to in due course.

Some confusion surrounds the issue of the summons for the parliament. Harriss claims that the parliament had originally been summoned, by writs of 26 September, to Oxford as a result of Gloucester's influence. (The duke had recently presented a large quantity of volumes to the University, and the latter at some point wrote to the speaker and commons of the parliament of 1439-40 asking that Gloucester be thanked for his generosity. (fn. int1439-31) Harriss suggests that on 22 October the council changed the venue to Westminster, basing his argument upon the evidence of a writ sent on that day to the sheriff of Bedfordshire and Buckinghamshire. This writ noted the king had issued an order to hold a parliament at Oxford, but that now his will was that the meeting should be held at Westminster. Thus if any members had already been elected, the sheriffs were to give them notice of the change of venue. (fn. int1439-32) Yet the writs of summons issued on 26 September 1439 were for a parliament to meet at Westminster on 12 November. (fn. int1439-33) No writs of summons to a parliament at Oxford have so far been discovered, nor any other notification of a change of venue save that found in the writ to the aforementioned sheriff. Whatever the intended location, the notice given for assembly was noticeably shorter than for most parliaments at forty-seven days.

In the writs which went out on 26 September, 21 writs were issued to the episcopate. In two cases, Kemp of York and Beaufort of Winchester, their absence overseas led to the summons of their vicar general, although Beaufort was back in England by 7 October. As Louis of Luxembourg held the see of Ely in commendam, the writ was issued to his perpetual administrator. On 12 December William Heyworth, bishop of Coventry and Lichfield, was given exoneration from attendance at parliament for life because of ill health and old age but was to appoint proctors. (fn. int1439-34) Wedgwood claimed that exemption was given to William Wells, bishop of Rochester, on 12 December 1439, (fn. int1439-35) overlooking the exemption to Heyworth. No reference to any exemption for Wells has been found, and as he was named as a trier of Gascon petitions it seems likely that Wedgwood confused the two men. Twenty-seven abbots and priors were summoned. Of the lay peers, three dukes were called, Gloucester, York and Norfolk, along with six earls, Devon, Northumberland, Oxford, Stafford, Westmorland and Somerset. For the latter, John Beaufort, this was his first summons as he had been in captivity in France from 1421 to 1438. John Holland, earl of Huntingdon was not summoned, nor was Edmund Beaufort, earl of Dorset, presumably because they were in Gascony and Normandy respectively. William, earl of Arundel, was also not summoned, nor was the earl of Suffolk, although he was apparently present at the parliament as he was appointed a trier of Gascon petitions. Richard, earl of Warwick, had died in Rouen on 30 April 1439. A further 26 lay lords were summoned at the outset. (fn. int1439-36) These were the same as in the previous year, save for Thomas, lord Clifford, who on this occasion did not receive a summons, for a reason which remains elusive. John, lord Dudley, received a summons dated at Reading on Sunday 15 February 1440 which ordered him to be present in parliament on the following Saturday, 21 February. This was his first summons to parliament. (fn. int1439-37) Wedgwood suggested that William Phelip, lord Bardolf, was also present at the parliament but had no writ probably because he was the king's chamberlain and would be present in that capacity. (fn. int1439-38) Seven legal officers were summoned.

The names of only 99 MPs out of a total of 264 are known. (fn. int1439-39) Cambridgeshire initially failed to return its two members. On 16 November, four days after the parliament opened, the king and lords (but interestingly, not, it seems, the commons) were told of a return from the sheriff of the county which explained why no members had been elected (item 18). A new election was therefore ordered. A privy seal warrant dated 17 November sheds further light on the case, noting that the sheriff had previously been unable to return members because of 'the multitude of people as it semed of lyklynesse ryotously gadered'. (fn. int1439-40) It is likely that a new election was held on 19 November, the date of the next county court. (fn. int1439-41) Further light is shed on the case by a report made to Cardinal Beaufort which may have been before the lords on 16 November. This report suggests that the problem lay in the success of a relative parvenu in the county, Sir James Ormond, in having his men elected in the initial election. This had annoyed John, lord Tiptoft, who with the sheriff of the county, Gilbert Hore, tried to prevent the members taking their seats. In this they were finally unsuccessful, for those elected on 19 November were William Allington junior and William Cotton, both Ormond's nominees and possibly the men elected in the first round.

Parliament opened at Westminster on Thursday 12 November 1439. The opening sermon was given by the chancellor, John Stafford, bishop of Bath and Wells, on a text from Maccabees, 'the lord shall open your heart in his law and in his commands, and he shall make peace'. The peace envisaged was not that with France - indeed neither the recent negotiations nor plans to release the duke of Orleans feature at all here or in the roll which follows - but rather harmony and tranquillity within the realm. The chancellor went on to stress that the word 'heart' was in the singular. There should thus be a unity which the entire people should strive for. In this context, the significance of parliament was stressed, for therein lay 'sovereignty, power and wisdom for the direction of the realm'. After further exhortations to 'that Israel gathered there', the opening procedures were completed, although without any specific reasons for the summons of the parliament. At the outset, as throughout the proceedings, it seems to have been decided to gloss over the real issues at stake at least in terms of the record of the parliament.

On the day after the opening, Friday 13 November, the election of the speaker was announced. A delay was granted for his presentation, which duly occurred on the next day. The choice had fallen on William Tresham. (fn. int1439-42) He was a lawyer from Northamptonshire who had a considerable amount of parliamentary experience. As in the case of his predecessor in 1437, Tresham had played a role in the engrossment of subsidy bills in the parliament of 1435. He had also served on commissions and worked for local gentry as well as for Cardinal Beaufort, who had engaged him in 1432 when threatened by a writ of praemunire. In 1437 Tresham had been appointed joint steward to Henry V's feoffees in the duchy of Lancaster estates in four midland counties where the Cardinal was one of three surviving feoffees. He was also engaged as counsel for those parts of the duchy not enfeoffed by Henry V. It was most likely his duchy links which explain his choice as speaker.

Moreover, as we shall see, duchy finances were on the agenda at the parliament. Indeed, based on the evidence of the roll, the main issue before the meeting was finance. The three tax grants are enrolled near the beginning of the roll, but, as noted earlier, these likely date to the second session. As together they promised a reasonably high level of income, it was perhaps on their security that the government felt able to request loans of up to £100,000. (It is possible, of course, that the request for loans predates the tax grants, although it is enrolled immediately after them on this occasion [item 15]).

The first tax grant by the commons concerned the lay subsidy (item 12). One and half tenths and fifteenths were agreed 'for the defence of the realm', but there were some exemptions and reductions. Lincoln continued to be completely exempt, and Andover and Alresford (Hants.) were given relief from half of the total payment. On this occasion a new total exemption was granted to Wisbech and surrounding villages in north Cambridgeshire. It was also agreed that there should be a reduction of £6,000 in the total levy (i.e. £4,000 on the whole and £2,000 on the half subsidy) for impoverished towns in general. Interestingly, on 18 April 1440, two months after the parliament had ended, the knights of the shire and the burgesses in the parliament were appointed to act alongside a named local lord in assessing the reductions and certifying them to the collectors. (fn. int1439-43) The lay subsidy was to be collected in four instalments: the first quarter of the whole fifteenth and tenth was to be paid by 24 June 1440, the second and third quarters on 11 November 1440, the fourth quarter on 16 April 1441, and the half subsidy on 11 November 1441. Whilst parliament was still in session, it was agreed by a council in Reading on 4 February 1440 that a loan of 7,000 marks should be repaid to Cardinal Beaufort from the second and third quarters due for payment in November 1440. (fn. int1439-44) In February 1441, the instalment due on 16 April next was ordered to be brought forward to 25 March in the light of rumours of a French onslaught on Normandy and of the desire to send a large army thither under the duke of York. (fn. int1439-45)

Trade taxes were also granted, for the defence of the realm and in particular for the keeping of the sea (item 13). For alien merchants the duty to be paid on each sack of wool or 240 woolfells exported from the realm was to be 53s 4d, and for native merchants 33s 4d - the same rates as established at the parliament of 1437. The grant was to commence on 11 November 1440, the date at which the grant made at the 1437 parliament expired, and was to last for three years. (fn. int1439-46) The citizens of Lincoln were given the right to export 60 sacks of wool per annum through Hull or Boston to the Calais staple without charge in order to relieve the costs the citizens bore in their payment of fee farm to the crown. On wine tunnage was imposed at 3s per tun of wine on imports by both aliens and denizen merchants, and 6s on sweet wine imported by aliens, the latter being twice the rate charged on aliens in the previous parliament. This tunnage was to be levied from 1 April 1440 for three years. Denizens and aliens were also to be charged poundage of 20d in the pound on exports and imports of merchandise, this being a 50 17440220ncrease on the rate levied previously.. The value of such goods was, in the case of denizen merchants, to be taken as the price paid at first purchase as certified by oath of the merchant or his servants. Native merchants were granted exceptions on certain commodities. As in the 1437 parliament these included exported cloth, and imported grains, flour, and fish. But two important additions were made in 1439, namely wine imported by denizens and also their exports of wool and woolfells, perhaps to compensate for the higher general level of poundage. These were obvious privileges being granted to English merchants, and part of the general strategy to put their interests above those of alien merchants. A further benefit came as a result of royal consent to a common petition requesting that cheese and butter could be exported from England to anywhere rather than only through the staple at Calais (item 38). (This item presumably dates from near the end of the session as it must post-date a licence of 28 January 1440 to export cheese to Flanders. (fn. int1439-47) )

But there was also a new departure in taxation - a levy on aliens living in the realm, specifically, as the roll tells us, to help pay for the keeping of the seas (item 14). This was to be levied at two rates, the higher at 16d per head on aliens who were householders and the lower, at 6d, on those who were not. Welshmen were exempt as were those aliens who had letters of denization or who were married to an Englishman or Welshman. The tax was not to be levied on those below the age of 12 or on religious. The tax was to be levied in six instalments over three years from Easter 1440 (27 March) onwards, with collection dates being placed at each Easter and Michaelmas. Justices of the peace were commissioned to enquire into the aliens in each area, which would inform the subsequent collection of the tax by local officials. (fn. int1439-48) The justices' inquisitions were delayed so that the commissions for collection were not in fact issued until 28 May 1440. As a result, the first payment due at Easter 1440 was postponed to 24 June. (fn. int1439-49) New commissions to make enquiry into the names of aliens were issued on 27 July 1441, (fn. int1439-50) and again on 12 November 1442. (fn. int1439-51) The surviving documents for the tax are of considerable value in revealing the extent of alien presence in the realm at this point. (fn. int1439-52)

This tax brought in little revenue to the crown; its maximum value was only £700 and it appears that only half of this was ever collected. It was perhaps intended more as a political gesture to please the commons and to persuade them to agree what were reasonably generous grants of lay subsidy and trade taxes. Hostility to aliens, especially those involved in commerce, had been a factor of English life for some time, most notably in London. Earlier parliaments of the reign had witnessed several petitions by the commons accusing aliens of commercial malpractices and attempting to limit their freedoms, as, for example, brokers. But the government had usually resisted such appeals. (fn. int1439-53) Attitudes to aliens had hardened after the defection of the duke of Burgundy in 1435, which had transferred his subjects in Flanders into the enemy camp and threatened to disrupt wool and cloth export. The 'Libelle of Englysche Polycye', written around the time of the previous parliament of 1437, had given formal expression to growing xenophobia especially against foreign merchants. There was some business at that parliament to reassure native merchants, but it was in the parliament of 1439 that the government finally accepted the commons' demands that aliens should be controlled. The tide of xenophobia was too great to quell, even with the trade truce with the duke of Burgundy in September 1439.

As we have seen, heavier rates were imposed on alien merchants in some areas of trade, but more importantly, new restrictions resulted from a common petition (item 38b). (fn. int1439-54) The argument advanced in the petition was that the freedom of commercial activity allowed to alien merchants was allowing them to make deals with each other and so to raise the sale price of their own merchandise over that of home produce. Not only did this lead to the export of money from the realm and to lower customs income but also to the impoverishment of English merchants and reduction of numbers of English ships. Here, of course, there was a direct link made to persuade the government, if it needed much persuading, that defence and the keeping of the seas were being harmed by allowing freedoms to aliens for it was largely through impress of merchant vessels that naval defence and offence was made possible. The commons asked that alien merchants should henceforth be placed by the officials of ports and towns under the supervision, or 'hosting', of named native merchants. An alien merchant had to declare himself to the urban officials within three days of his arrival, and within the next four days be assigned to a host. Such hosts would then be present at all transactions carried out by alien merchants, and were to keep records of the same which they were to present to the exchequer at the beginning of the Easter and Michaelmas terms. The reward to hosts for their labours was to be the right to take 2d in every pound's worth of merchandise bought and sold by their alien merchant. Penalties were imposed on officials and hosts who did not carry out their duties, and on those who refused to be hosts, and on alien merchants who did not seek hosts.

In addition, alien merchants were given a maximum of eight months in which to sell their goods in England, and were obliged to spend the money they so raised on merchandise produced in England. These were clear attempts to ensure that the balance of trade lay to the benefit of the English. After the eight month stay had expired, alien merchants were to leave the country, being required to take unsold produce with them, which would not be charged customs duty. Any sales made by aliens after eight months would lead to the forfeiture of their goods. The petition was agreed in its entirety. The arrangements were to come into place from Easter 1440 (27 March), and to last for seven years. The only exceptions were to be for the merchants of the Hanse and any others in the king's alliance. This petition must belong to the second (Reading) session of the parliament, for the petition asks that between now and Easter, when the hosting system was to start, commissions should be sent to local officials for announcement of the act and ordinance. It was on 1 March 1440 that proclamation of the petition and its answer was ordered in the major towns of the realm, with the endorsement 'by the king in parliament'. (fn. int1439-55)

The problem of alien merchants was not the only matter which engaged the commons' attention in the parliament of 1439-40. Another major issue was the financing of the royal household. Confusion surrounds the chronology of the four items on the parliament roll which concern the rising tide of complaint about the royal household failing to meet its bills and abusing its powers of purveyance. These are enrolled as items 16, 17, 19 and 61, the last being in the form of a common petition. In item 16, the king acknowledged the seriousness of the clamour over non-payment of debts owed for the expenses of the household and arranged that the revenues of the parts of the duchy of Lancaster which were in royal hands as well as the duchy of Cornwall should be applied to the expenses of the household, the arrangement to last for the next five years. This may date to the first session. The next item, 17, took the form of a schedule presented to the commons which expressed the king's intention to do something to allay the common' concerns about the distress caused by the purveyors of the household. (fn. int1439-56) This surely dates to the second session as it mentions that the commons have already made a grant of money to the king (i.e. the tax grant) in order that the king's intention to settle the expenses of his household might be more quickly sorted out. It adds that there needs to be further discussion of how this royal intention might be brought about, but that this cannot take place in only a few days: the commons thus give their agreement that the matter can be referred to the council, for settlement by 24 June 1440. This item would seem to be a decision reached late in the session, delegating the matter to be dealt with by the council after the parliament.

Yet it also seems to lead directly to item 19 (the problem of the Cambridgeshire election intervenes in the order of the roll at item 18), where the king in a schedule to the commons again acknowledges the problems of goods being purveyed for his household, reiterating that he 'has sought the means whereby his said household and the expenses thereof might be contained and discharged'. Here the decision was taken that the feoffees of Henry V's will in the duchy of Lancaster, namely Cardinal Beaufort, Archbishop Chichele and Walter, lord Hungerford, should use some of the revenues of the enfeoffments. The text shows that they were not keen on this idea, but agreed that after £2,000 had been reserved for the performance of the will, money might then be put to the use of the royal household but to no other use. The response to this bill, which was put forward at the king's command, is particularly interesting. The assent of the commons is noted first, then there is a longer clause of approval by the king, twice mentioning deliberation with the lords, and the entry ends with the royal request that the bill should be entered in the record for the parliament.

At some point, presumably towards the end of the parliament after their tax grant had been agreed, the commons petitioned that the first quarter of the revenues from the lay subsidy they have granted and which was due to be paid on 24 June 1440, should be applied to the use of the household (item 61) (This is also mentioned in the full entry for the grant of the lay subsidy at item 12.) In this the commons note that the king has in the past had to spend his revenues on defence which might otherwise have been used for the household and men paid for the commodities they had supplied. They also note that the king has already in the parliament ordered that the revenues of the duchy of Lancaster and Cornwall should be applied to the use of the household. This does not mention the enfeoffed parts of the duchy of Lancaster by name, although they might be embraced within the expression the 'revenues of your duchy of Lancaster'. It is possible, however, that the commons' generosity only occurred after the feoffees had themselves reluctantly allowed their finances to be diverted to household use.

Harriss has suggested that the whole matter was contrived, and was 'a carefully constructed bargain between crown and commons at the expense of the feoffees'. (fn. int1439-57) He further argues that the elements of this deal 'must have been under discussion in the first session and finalised early in the second', although it is difficult to ascribe any dates with certainty. The text of the second bill presented to the commons concerning purveyance is interesting in the context of a possible deal (item 19), for it notes the clamour against the excessive use of purveyance by the household but says that it is difficult to envisage a solution other than the feoffees being asked to release their funds. The commons would no doubt be wholeheartedly in favour of the king living of his own and thus keen to support the end of the feoffment. The king's willingness, perhaps at the prompting of the earl of Suffolk, steward of the household, to act against the feoffees, might thus have prompted the commons to be generous in their own tax grants, and in particular persuaded them to allow the first payment of the lay subsidy to be directed specifically to the costs of the royal household (item 61). But something bigger lay behind all of this. Harriss argues that the household already had sound financial provision, and that the real target was the acquisition of the revenues of the duchy of Lancaster enfeoffment towards an ambitious foundations project, namely the educational establishments which Henry VI subsequently created at Eton and Cambridge. This intention was made more obvious in the parliament of 1442 (item 35) where the termination of the feoffment was stated to be for the benefit of the king's works as well as his household, although a degree of obfuscation was still being employed. In this context, it is perhaps significant that William Tresham, steward of the feoffees in the Midlands, was speaker in both 1439-40 and 1442, and one of the household men later appointed to receive the lands of alien priories which were to be used to endow Eton. (fn. int1439-58) If Harriss's analysis is accepted, then we can see the emergence of Suffolk and his group in the household, and observe that the Cardinal's influence was not perhaps as strong as one might think.

This line has been followed by John Watts but other interpretations have been advanced. Both Roskell and Griffiths took the material concerning the royal household at face value as indicating its parlous financial state. (fn. int1439-59) There can be no doubt that its costs had started to grow since the king's coming of age. Financial problems were perhaps also revealed by the petition of the legal officials of the crown, including the justices of both benches, for payment of their fees and receipt of their customary annual liveries of clothing which were claimed to be in arrears of at least two years (item 27). This petition was accepted; such sums were to be met out of the hanaper or to be a first charge on the customs at London, Bristol and Hull, but it was not until 16 November that the king authorised the necessary warrant for these payments. (fn. int1439-60) The Patent rolls include several orders made for specific officials as a result of this act. (fn. int1439-61) Griffiths also points out that when the council met in June to discuss the allocation of funds to the household further, a special sum of £8,000 had to be made available immediately in case the treasurer needed emergency credit. On 7 July 1440, part of the sum which the commons had allowed out of the first instalment of the lay subsidy to be diverted to the household was spent instead on the cost of sending troops to France. (fn. int1439-62) Moreover, a study of the household accounts for 1441-2 reveals that the funds allocated in the second session of the parliament of 1439 had not proved adequate to avoid a deficit of over £2,000. (fn. int1439-63)

It was at this parliament that the borough of Plymouth was established. The bill to this end was presented by the commons on behalf of the inhabitants (item 32, see also Parliament of 1439, Appendix item 12 ). Earlier in the roll, it was noted that, with the advice and assent of the lords and commons, the king had willed that the lords of the council and the chief justices should be given power to deal with any outstanding issues in the matter (item 20). It is interesting to note that the rights of the existing nearby borough of Plympton were also apparently confirmed at the same parliament on 12 February although the matter was not enrolled (Parliament of 1439, Appendix item 6). The date of the latter confirmation may imply that 'the Plymouth matter' was dealt with early in second session of the parliament.

There are 13 private petitions on the roll in addition to that of the justices and royal officials for payment of the arrears of their fees (item 27). The first in the order of the roll was presented on behalf of the dean and chapter of St Paul's cathedral, and successfully asked for confirmation of the establishment of a chantry founded through the will of Sir John Pulteney, late mayor of London, such matters coming before parliament presumably as a result of the statute of Mortmain (item 21). (fn. int1439-64) The arbitration by William Alnwick, bishop of Lincoln, of a dispute between the dean and chapter of Lincoln cathedral is enrolled at item 22 as a result of a petition put forward by the commons on the bishop's behalf. This had already been agreed between the two parties, but Alnwick was anxious to have the authorisation of parliament. Other ecclesiastical business concerned the petition of the prior and convent of Nostell (Yorkshire) about the advowson of the hospital of St Nicholas at Pontefract (item 23), an intestacy case involving the bishop of St David's, put forward by the latter along with the bishop of Norwich and the prior of the Hospitallers in England (item 26), the petition of the monks of Mount Grace concerning their right to the manor of Bordley (item 34), (fn. int1439-65) and that of the Hospitallers to two forges in Fleet Street, London (item 35). Louis of Luxembourg's holding of the see of Ely in commendam, which gave him the right to its revenues whilst he was in absentia, was also ratified in response to a petition advanced by the commons on his behalf (item 24). This last matter was certainly dealt with in the first session as the relevant entry in the Patent Roll is dated 26 November 1439. (fn. int1439-66)

Six further matters before the parliament concerned individuals. Two related to the peerage. In response to a petition put forward by the commons on their behalf, the rights of the heirs of Henry Percy (Hotspur), Thomas Percy, earl of Worcester, and Thomas, lord Bardolf, to the inheritance of lands in fee tail were confirmed, despite the involvement of their ancestors in the rebellion of 1403 (item 25). The administration of the will of Margaret, late duchess of Clarence, who had died on 1 January 1439, was also considered in response to a petition put forward to the king in parliament by her executors (item 33). This had particular significance because one of the latter, Margaret, countess of Devon, daughter to Duchess Margaret's first husband, John Beaufort, first earl of Somerset (d. 1410), had made a loan to the king of 3,000 marks which was to be repaid out of the lay subsidy agreed in the parliament. The countess had also made a loan of £1,200 to her brother, John Beaufort, third earl of Somerset, to assist with the payment of his ransom (item 33). The enrolment of this item protected the executors against actions and confirmed the existence of the loans. The executors of Queen Katherine were also confirmed on 26 November 1439 in this parliament, although this was not enrolled (Parliament of 1439, Appendix item 3), and it is not clear why the matter had come before this parliament as well as that preceding it (Parliament of 1437, item 32). Permission for the Welshman, William ap Gwilym ap Griffith, to hold lands as if English, was granted after the commons presented a petition on his behalf (item 29). (fn. int1439-67) A proviso was made, however, that he should not marry a Welsh woman nor should he hold office in Wales. In the parliament of 1442, he petitioned for the lifting of the second of these restrictions (Parliament of 1442, item 16).

The remaining three cases involved disputes over legal jurisdictions and were presented by the commons on behalf of the petitioners. The alleged marriage of Margaret Malefaute against her will was brought before the parliament (item 28). As in the case of Isabel Butler in the parliament of 1437 (where it is at item 14), this was another case where the problem lay in a dispute over jurisdictions; Margaret petitioned that the alleged offender, Lewis Lyson or Gethei, be summoned to appear in Somerset even though the incident had happened in Wales. This was granted, but without prejudice to the rights of the marcher lords. Further cases arising out of specific cases but which also stemmed from difficulties over jurisdictions were presented by the commons on behalf of individuals. One concerned tenants of the king at Tutbury, within the duchy of Lancaster, who had been attacked by men who later fled into Cheshire (item 30). (This item has the added interest of the actions of the attackers being likened to those of Robin Hood and his band.) Another was a dispute over land ownership in Shropshire which had escalated into violence involving men from Cheshire (item 31). This was not the first time that petitions were made to parliament because the special judicial position of Cheshire had prevented or at least complicated the normal judicial process. Cheshire was, of course, not represented in the parliament, but such petitions were the only way in which those damaged by its special status could make public complaint.

There were 28 common petitions, the largest number since 1433 when the duke of Bedford was present at the parliament. Sixteen gave rise to statutes. Several concerned trade and commerce. We have discussed already the decision on hosting (item 38b). The rights of those who captured ships from the enemy party were confirmed: this was in effect another piece of legislation against alien merchants who had had their merchandise carried in such ships and had been able to have the captured goods reinstated by false means, or so it was alleged (item 44). Cheese and butter were exempted from the need to go through the Calais staple (item 38), but the need to have all wool and woolfells pass through there was confirmed by statute (item 54). The interests of the purchasers of cloth were served by an order to last until the next parliament that there should be a definitive measure for cloth held by the keepers of aulnage (item 55). Measures for hogsheads of wine, and for tuns and pipes of oil and honey, were also ratified (item 56)

Collectors of the lay subsidy in towns and cities were in future to be men of worth, with at least 100s per annum in lands (item 39), and justices of the peace to be men with at least £20 per annum landed worth (item 47). An amendment was made to a statute agreed in the previous parliament concerning the empanelling of jurors, dealing with particular problems which had arisen in Kent because of gavelkind tenure (item 37). The statute made in 1429 that escheated lands ought not be granted at farm until the return of the inquest to the chancery or exchequer was restated and clarified (item 40), and escheators were further bound by statute to return the inquests within a month of taking up office (item 41). The statute of 1432 concerning procedures in cases of outlawry was clarified and extended (item 45). The commission of sewers established in the parliament of 1427 to deal with flooding and which was about to expire, was renewed for a further ten years (item 46).

One of the statutes made in the parliament of May 1421, that concerning false appeals, was confirmed (item 48). The common petition which led to this asked not only for this but also for the continuation of other measures agreed at that parliament, the first which Henry V had attended in person since 1416 which, as a result, had much business before it. Many of the decisions taken in the parliament of May 1421 were due to last only until the first parliament to be held after the king's return from overseas, but of course Henry never did return and thus the status of these matters remained unclear: some thought they had become null and void, others that they still stood. (It may be that the first parliament of Henry VI's majority was considered sufficient to deal with this matter.) But in 1439, only the specific issue mentioned in the petition was dealt with by statute; the rest of the petition covering the problem in general was referred (item 48). The next petition on the roll concerning outlawries was also a reference back to the parliament of 1421; here the decision was to continue the statute of 1421 at least until the next parliament, with the proviso that it would be extended in perpetuity if no problems arose in the meantime to make the king and lords of parliament wish to annul it at the next meeting (item 49). A similar decision was made in response to a petition concerning bribery of sheriffs (item 51).

The two final entries in the common petitions section of the roll concern military matters. Wedgwood considered that these were a lords' bill. They are not preceded by the usual formula for a common petition and in the proclamation made of the subsequent statutes there is reference to the fact that the commons assented to this bill, and that the king agreed to it by the advice and assent of the lords and commons, by the authority of parliament. The texts on the roll also ask for the king to make remedy 'by the authority of this present parliament'. The first matter was that captains were keeping back from soldiers' wages more than they should, thus causing soldiers to turn to robbery on both sides of the Channel and the government lose out on its investment in war. It asked that no deductions be made save for clothing, for which set rates were established (item 62). No reply is noted on the roll, but a statute did arise. Royal consent is noted for the second matter, desertion of soldiers after they had indented to serve. This also gave rise to a statute. Notice of these two statutes was combined into one single proclamation which was ordered on 12 July 1440 to be declared in the London and fourteen ports of the realm; the date here suggests that the matter was dealt with in the second session of the parliament. (fn. int1439-68) It is difficult to know whether these problems were of recent origin, or whether they had been exacerbated in recent years. It is interesting to note that there had been fears of soldiers exploiting the bringing back of the earl of Warwick's corpse from Rouen in 1439 as a cover for desertion. (fn. int1439-69) With reference to the first petition, there was certainly concern at the growing number of soldiers living off the land in Normandy, and petitions had already come before previous parliaments about their misbehaviour in England. As to who was behind the petitions we can only speculate.

Three common petitions were agreed without statutes arising. Two have already been noted: the agreement that the kiss of homage should be dispensed with because of fears of plague (item 58), and the agreement of the commons that the first instalment of the lay subsidy could be applied to the household (item 61). In the commercial sphere, it was agreed that past ordinances should stand concerning the requirement for spices to be sold fully cleansed (no doubt so that they could not be adulterated) (item 60). With regard to legal processes, it was agreed, in response to a claim that recipients of grants were sometimes managing to have an earlier date put on their letters patent than the actual date of the grant, that there should be a tighter method of registration of date in the chancery (item 36). As a result, many subsequent grants enrolled on the Patent Rolls were noted as 'dated by authority of parliament'. (fn. int1439-70) This did not mean that they ever came before a particular parliament but that the dating was determined by virtue of the procedure agreed at the parliament of 1439.

Some of the common petitions were rejected. It was not agreed that hides and tallow could be exported without having to go through the Calais staple (item 50), nor was it agreed that discretion be granted to local officials to allow the movement of grain against the statute made in 1437 (item 57), despite the fact that prices were rising and that in its attempts to prevent export of grain, the statute had also made internal trading difficult. Also referred was a petition concerning shipowners' liability for damage caused by the recklessness of masters and mariners (item 52), and attempts to limit the freedom of action of Italian merchants who were accused of bringing in too little of the produce from their countries, which was thus excessively expensive, but busying themselves too much in the trading of commodities from other countries (item 59). This petition was presumably occasioned by English merchants who did not like foreign competition in trade, but not all of the hostility to alien merchants met a sympathetic response from the government.

There was a petition concerning land tenure in the duchy of Cornwall, which was then in the hands of the king as the latter as yet had no son (item 42), and also a desire that individuals should not be charged distraint of knighthood more than once (item 43). The crown had insisted that all who had £40 or more in landed wealth should take up knighthood or pay distraint: this had prompted many protests, not least from those who claimed that they had already paid in 1430 at the last attempt to levy distraint. (fn. int1439-71) Likewise it was seen fit to refuse to return records of court cases from the store into which they had been put at Westminster even though, or so it was alleged, the records contained materials relating to matters not yet determined (item 53). This looks to be a general petition but one suspects that it was occasioned by a specific case where someone felt they needed access to archives of a case. There seems to have been little unenrolled, additional business in terms of personal petitions. A petition to the commons by the mayor and citizens of London concerning the right of the mayor to be conservator of the statutes on fishing in the waters of Thames and in its confluent rivers may belong to this parliament (Parliament of 1439, Appendix item 10).

We are left, therefore, with the problem of Gloucester's articles. Harriss suggests that Gloucester began his attack on Cardinal Beaufort whilst the deal between the government and commons over finances was being discussed late in the first session and early in the second session of the parliament, that is, December 1439 to January 1440. (fn. int1439-72) It is generally agreed that the duke put forward the charges orally at first, perhaps in rather unspecific terms, and was required to put them into writing, whereupon they became more defined and detailed. They exist today in a later copy in Bodleian Library Ashmole MS 856, and are undated (Parliament of 1439, Appendix item 2). The BL Vitellius A XVI Chronicle is the only contemporary source to mention that in the parliament of 1439-40, 'many articles [were] put against the cardinal bishop of Winchester by the duke of Gloucester, the king's uncle'. (fn. int1439-73) The roll itself has no allusion to them. Harriss argues that they were probably presented to parliament within the first ten days of the second session opening at Reading on 14 January 1440, or else in early February. They were wide-ranging in their attack on the Cardinal, but contain much criticism of the conduct of foreign policy, in which John Kemp, archbishop of York, was also inculpated. (fn. int1439-74) The charges against Beaufort included not only those associated with his holding of a cardinalate whilst still in possession of a bishopric, but also his involvement in war finance which had enabled him to enrich himself at the expense of the crown. Moreover, he had allegedly engineered the release of James I of Scotland without the permission of parliament. Beaufort and Kemp were together accused of 'estranging' the king from Gloucester himself, as well as from York, Huntingdon, and the archbishop of Canterbury. After criticism of proposals to release Orleans (it is significant here, of course, that Gloucester should begin his articles with a reminder of his own presence at Agincourt, where the French duke was captured) and to surrender other English interests in France, Gloucester ended by asking for the dismissal of Beaufort and Kemp from the council.

Whether the articles were put to the parliament is unclear. They were addressed to the king, although where Gloucester claims that there has not been full discussion on the release of Orleans, the phraseology may indicate an intended wider audience: 'as I now tell your noble grace and the wise and true men of this realm'. Moreover, early in the text Gloucester advances the view that in parliament, Beaufort should sit only as a bishop: his cardinalate should not give him any additional precedence. When discussing the release of the king of Scotland he says that it is claimed to have been done by the authority of parliament where in fact I have heard most notable men of the lower house say that they never heard of it being with them'. This indirect reference makes it likely that the articles were not intended for hearing by the parliament as a whole. Harriss notes, however, some similarities between Gloucester's words and the pressure on Beaufort and the other feoffees of Henry V in parliament to release the enfeoffment. He further argues that the last paragraph of the articles where Gloucester asked for the removal of Beaufort and Kemp from the council 'so that men may be at liberty to say what they think is true' may have been so that the commons could begin the process of impeachment against them; 'for though I dare speak what is true, the poor dare not do so'. But no formal proceedings did arise out of the Gloucester's articles, and there is no proof that they were known outside the council. The lack of any further evidence hampers our interpretation of the balance of political power at this point. Harriss argues that Beaufort may have been denied the right of reply, thereby indicating his weakness. He suggests that this might be confirmed by the fact that on 4 February 1440 the Cardinal agreed to postpone the due date for the loan of 7,000 marks he had made in March 1439. Yet, as noted earlier, the Cardinal had managed to have his nephew appointed to a major expeditionary command for France in December 1439, although he was not able to secure his appointment as lieutenant general, the duke of York being appointed on 2 July 1440. The fact that Gloucester's articles fell on deaf ears indicates his lack of influence also. Gloucester's articles suggest that he may have entertained his own ambitions of leading the attack in Normandy, but nothing came of this. Despite Humphrey's continuing opposition to the release of the duke of Orleans, about which he presented another set of objections to the king on 2 June 1440, (fn. int1439-75) the king announced on 2 July his intention to effect the release. On 5 November the duke left England for France.

There seems little doubt, therefore, that the parliament of 1439-40, and the fate of Gloucester's articles reveal the weakness of both the duke and the cardinal, and the growing influence in politics of others such as the earl of Suffolk. The parliament saw relative generosity from the commons in return for some assurances that the king would receive alternative funding from his estates through the ending of the duchy of Lancaster enfeoffment, and in return for savage anti-alien legislation. Having noted that the first sessions ended with disagreement, the Brut was cautiously optimistic about the final outcome of the parliament: 'the king and his lords removed to the town of Reading and there the parliament was held and ended to the welfare of the king and of the realm, as we trust and hope in oure lord God in tyme comyng'. (fn. int1439-76) But not all were so positive. The Vitellius A XVI Chronicler criticised the government for not going far enough against alien merchants. (fn. int1439-77) Indeed exemptions were soon granted to the Genoese on 1 May 1440, with the Aragonese receiving similar privileges in January 1443. (fn. int1439-78)

Text and translation

[p. te-v-3]
[col. a]
[memb. 16]
ROTULUS PARLIAMENTI TENTI APUD WESTM' IN CRASTINO SANCTI MARTINI, ANNO REGNI REGIS HENRICI SEXTI POST CONQUESTUM DECIMO OCTAVO. THE ROLL OF THE PARLIAMENT HELD AT WESTMINSTER THE DAY AFTER MARTINMAS IN THE EIGHTEENTH YEAR OF THE REIGN OF KING HENRY THE SIXTH SINCE THE CONQUEST [12 November 1439].
Pronunciatio parliamenti. The opening of parliament.
1. Memorandum, quod in crastino Sancti Martini, videlicet, duodecimo die Novembris, anno regni regis Henrici sexti post conquestum decimo octavo, ipso domino rege sede regia in camera Depicta apud Westmonasterium residente, assistentibus quampluribus prelatis, proceribus et magnatibus regni, ad presens parliamentum convocatis; venerabilis pater Johannes episcopus Bathon' et Wellen', cancellarius Anglie, causam summonitionis parliamenti predicti, ex ipsius domini regis mandato, egregie pronunciavit: assumens pro suo themate, adaperiat dominus cor vestrum in lege sua, et in preceptis suis, et faciat pacem, secundo Machabeorum, primo. Pro cujus textus declaracione, duo in eisdem verbis principaliter annotavit. Primo, videlicet, desiderium saluberimum a quolibet Cristiano pro ipsius debitis reformacione et reconciliacione, in apperitione cordis sui ad observantiam legis et preceptorum Dei, contra omnimodam cordis duritiam obstinatam maxime affectando; cum dicit, adaperiat dominus cor vestrum in lege sua, et in preceptis suis. Secundo, pacis bone perquisicionem ac ejusdem pacis finalem perquisicionem, qua quilibet Cristianus pro mercede sua sibi plurimum oportuna ultimatim gaudere desiderat et affectat; cum dicit, et faciat pacem. Pro primo, siquidem cum dicitur, adaperiat dominus cor vestrum, et non corda vestra; unitatem quam universalis populus circa rem publicam affectaret et haberet, prout habuit populus Dei, se de injuria sibi per populum Gabian opprobriose illata vindicando, judicum vicesimo; 1. Be it remembered that on the day after Martinmas, that is, on 12 November in the eighteenth year of the reign of King Henry the sixth since the conquest [1439], with the lord king sitting on the royal throne in the Painted Chamber at Westminster, with very many prelates, nobles and magnates of the realm being present, having been summoned to the present parliament, the venerable father John, bishop of Bath and Wells, chancellor of England, pronounced in fine fashion the reason for the summons of the aforesaid parliament at the command of the lord king, taking as his theme, 'the Lord shall open your heart in his law and in his commands, and he shall make peace,' following 2 Maccabees 1. In exposition of which text he commented principally on two matters contained in these words: first, namely, the healthy desire of each Christian for the repayment and reconciliation of his own debts, in the opening of his heart to the observance of God's laws and rules, by striving greatly against every obstinate hardness of heart; as it says, 'the Lord shall open your heart in his laws and in his commands; secondly, the acquisition of good peace and the final fruition of his peace, which each Christian should most desire and strive ultimately to enjoy for his fitting reward; as it says, 'and he shall make peace.' For the first, as indeed it is said, 'the Lord shall open your heart,' and not your hearts, a unity which the entire people should strive for and possess with regard to matters of state, just as God's people did in avenging themselves against the harm shamefully brought upon them by the people of Gabaon, in Judges 20;
2. convenit universus Israel ad civitatem, homo unus, eadem mente, unoque consilio; specialiter assignavit. (fn. v-3-11-1) Israel namque videns princeps vel fortis directus interpretatur: ac per illa tria verba, tres status parliamenti possunt, ut asseruit, specialiter assignari; in quibus resident Principatus, potestas et prudentia, ad ipsius regni direccionem: 2. 'all Israel assembled in the city as one man of the same mind and of one council,' he cited in particular. (fn. v-3-11-1) For indeed Israel is to be interpreted as a foreseeing, strong or upright prince: and in those three words, the three estates of parliament can, as he claimed, be specially signified, for in parliament, power and wisdom reside for the direction of the realm itself:
3. asserensque idem dominus cancellarius se ad illum Israelem inibi congregatum, videlicet status superius annotatos locuturum, cum propheta sic dicente, loquar ad cor Israel ad apperiendum spem, Osee ecundo capitulo, sex varias proprietates quam notabiles in humano corde specialiter assignavit; quas per nonnulla auctoritates, historias et exempla luculentius exponendo, breviter et summarie concludebat, qualiter ad providendum ut annuente Deo cor Israel supradictum, cor videlicet statuum predictorum, circa rem publicam indissolubiliter figi et uniri, ac ad observanciam legis et preceptorum Dei, omni duricia postposita et amota aperiri, et exinde pax bona et perpetua ut premittitur affectata perquiri valeat et finaliter optineri, idem dominus noster rex parliamentum suum predictum fecerat convocari. 3. The same lord chancellor, speaking to that Israel gathered there, namely the above mentioned estates, saying,as the prophet did, 'I shall speak to the heart of Israel to reveal hope', from the second chapter of Hosea, cited in particular six various notable properties of the human heart; by most cleverly expounding many authorities from histories and examples, he concluded briefly and in summary how, in order to ensure, with God's favour, that the aforesaid heart of Israel, namely the heart of the aforesaid estates, be fixed and indissolubly united with regard to matters of state, and be opened to the observance of God's laws and rules, putting aside or removing all harshness, so that good and perpetual peace, pursued as is aforesaid, may be sought and eventually obtained, our same lord king had summoned his aforesaid parliament.
4. Qua propter dictus dominus cancellarius, prefatis communibus nomine regio dedit firmiter in mandatis, quod in domo sua communi et consueta in crastino convenirent, et unum [col. b] prelocutorem suum eligerent; ac sic eleccum eidem domino regi presentarent. Declaravit insuper idem dominus cancellarius, de mandato dicti domini regis, qualiter idem dominus rex voluit et concessit, quod omnes et singuli domini spirituales et temporales, ac communes predicti, omnibus et singulis libertatibus et privilegiis, eis et eorum cuilibet, per nobiles progenitores ipsius domini regis quondam reges Anglie concessis et minime revocatis, nec per legem terre revocabilibus, set per ipsos et eorum quemlibet racionabiliter usitatis, gaudeant et utantur. Et ut justicia conqueri volentibus posset celerius adhiberi, idem dominus rex certos receptores et triatores petitionum in predicto parliamento exhibendarum constituit et assignavit in forma subsequenti: 4. Whereupon the said lord chancellor, in the king's name, firmly directed that the aforesaid commons should assemble in their common chamber the following day, and [col. b] elect their speaker and present him thus elected to the lord king. The same lord chancellor further declared, at the said lord king's command, how the same lord king had willed and granted that each and every of the lords spiritual and temporal and the aforesaid commons should enjoy and exercise each and all of the liberties and privileges granted to them and to each of them by the progenitors of the same lord king, former kings of England, and not at all revoked nor revocable by the law of the land, but lawfully exercised by them and each of them. And so that justice might be given more quickly to those who wished to complain, the same lord king appointed and assigned certain receivers and triers of petitions to be presented in the aforesaid parliament, in the following form:
5. Receivors des petitions d'Engleterre, Irland, Gales, et Escoce:

  • >Sire Johan Stopyndon
  • Sire Nicholl Wymbyssh
  • Sire Thomas Kirkeby.
5. Receivers of petitions from England, Ireland, Wales and Scotland:

  • Sir John Stopindon
  • Sir Nicholas Wimbish
  • Sir Thomas Kirkby.
6. Receivours des petitions de Gascoigne, et d'autres terres et paiis de par de la le meer, et des Isles:

  • Sire Henry Shelford
  • Sire Robert Monter
  • Sire Johan Bate.
6. Receivers of petitions from Gascony and from the other lands and countries overseas and from the Channel Islands:

  • Sir Henry Shelford
  • Sir Robert Monter
  • Sir John Bate.
Et ceux qi voillent deliverer lour petitions, les baillent parentre cy et oept jours proschein ensuantz. And those who wish to submit their petitions should deliver them between now and eight days next following.
[p. te-v-4]
[col. a]
7. Et sount assignez triours des petitions d'Engleterre, Irland, Gales, et Escoce:

  • Le cardinal d'Engleterre, evesqe de Wynchestre
  • L'ercevesqe de Canterbirs
  • Le duk de Gloucestr'
  • L'evesqe de Loundres
  • L'evesqe de Norwych
  • L'evesqe de Wyrcestr'
  • L'evesqe de Sarisbirs
  • Le count de Stafford
  • Le priour de Seint Johan de Jerusalem en Engleterre
  • Le seignur de Beaumont
  • Le seignur d'Audeley
  • Sire Johan Juyn
  • William Westbury
  • William Paston.
7. And the following are assigned triers of petitions for England, Ireland, Wales and Scotland:

  • The cardinal of England, the bishop of Winchester
  • The archbishop of Canterbury
  • The duke of Gloucester
  • The bishop of London
  • The bishop of Norwich
  • The bishop of Worcester
  • The bishop of Salisbury
  • The earl of Stafford
  • The prior of St John of Jerusalem in England
  • Lord Beaumont
  • Lord Audeley
  • Sir John Juyn
  • William Westbury
  • William Paston.
- toutz ensemble, ou sis des prelatz et seignurs avauntditz, appellez as eux les chaunceller et tresorer, et auxi les serjantz du roy, quaunt y bosoignera. Et tiendrount lour place en la chambre du Chamberlein, pres la chambre de Peinte. - to act all together, or at least six of the aforesaid prelates and lords; consulting with the chancellor and treasurer, as well as the king's serjeants when necessary. And they will hold their session in the Chamberlain's Chamber, next to the Painted Chamber.
8. Et sount assignez triours des petitions de Gascoigne, et des autres terres et paiis de par de la le meer, et des Isles:

  • L'ercevesqe d'Everwyk
  • L'evesqe de Bangore
  • L'evesqe de Rouchestre
  • L'abbe de Nostre Dame d'Everwyk
  • L'abbe de Seint Benet de Hulme
  • L'abbe de Redyng
  • Le count de Northumbr'
  • Le count de Suff'
  • Le seignur de Berkeley
  • Le seignur de Scroop
  • Le seignur de Faunhope
  • Richard Neuton
  • William Godered.
8. And the following are assigned triers of petitions for Gascony and for the other lands and countries overseas, and for the Channel Islands:

  • The archbishop of York
  • The bishop of Bangor
  • The bishop of Rochester
  • The abbot of St Mary of York
  • The abbot of St Benet of Hulme
  • The abbot of Reading
  • The earl of Northumberland
  • The earl of Suffolk
  • Lord Berkeley
  • Lord Scrope
  • Lord Fanhope
  • Richard Newton
  • William Godered.
- toutz ensemble, ou quatre des prelatz et seignurs avauntditz, appellez as eux les chaunceller et tresorer, et auxi les sergeantz du roy, qant y bosoignera. Et tiendront lour place en le chambre Marcolf. - to act all together, or at least four of the aforesaid prelates and lords; consulting with the chancellor and treasurer, as well as the king's serjeants when necessary. And they will hold their session in the Marcolf Chamber.
Electio prelocutoris. Election of the speaker.
9. Item, die veneris, secundo die parliamenti, prefati communes, per quosdam socios suos, declaraverunt dominis spiritualibus et temporalibus in presenti parliamento, quod ipsi mandatum domini regis pridie sibi injunctum cum omni diligentia exequentes, elegerunt quendam Willelmum Tresham, prelocutorem suum; humilime deprecando quatinus de presentacione dicti prelocutoris sui domino regi facienda, quibusdam urgentibus de causis, usque in diem sabbati tunc proximo futurum possent respectuari: quod eis extitit concessum. 9. Item, on Friday, the second day of parliament, the aforesaid commons, through certain of their fellows, declared to the lords spiritual and temporal at the present parliament that, having performed with all diligence the command of the lord king which had previously been enjoined to them, they had elected one William Tresham as their speaker, humbly beseeching that, for certain pressing reasons, they might be allowed to postpone the presentation of the said speaker to the king until the next Saturday, which was granted to them.
Presentatio Prelocutoris. Presentation of the speaker.
10. Item, die sabbati tunc proximo sequenti, videlicet, tertio die parliamenti, prefati communes presentaverunt domino regi, predictum Willelmum Tresham, prelocutorem suum; de quo idem dominus rex, de avisamento consilii sui, se bene contentavit. Qui quidem Willelmus, post excusacionem suam coram domino rege factam, pro eo quod ipsa sua excusatio ex parte dicti domini regis admitti non potuit, eidem domino regi humilime supplicavit, quatenus omnia et singula per ipsum in parliamento predicto nomine dicte communitatis proferenda et declarand', sub tali posset protestacione proferre et declarare, quod si ipse aliqua sibi per prefatos socios suos injuncta, aliter quam ipsi concordati fuerint, aut in addendo vel omittendo declaraverit, [col. b] ea sic declarata per predictos socios suos corrigere posset et emendare, et quod protestatio sua hujusmodi, in rotulo parliamenti predicti inactiari. Cui per prefatum dominum cancellarium, de mandato domini regis, et avisamento consilii sui, extitit responsum, quod idem Willelmus tali protestacione frueretur et gauderet, quali alii prelocutores hujusmodi, tempore dicti domini regis ac nobilium progenitorum suorum, in hujusmodi parliamentis uti et gaudere consueverunt. 10. Item, on the Saturday then next following, that is, the third day of parliament, the aforesaid commons presented the aforesaid William Tresham to the lord king as their speaker, whom the lord king, with the advice of his council, readily accepted. The same William, after making his protestation before the lord king, which same protestation could not be accepted on behalf of the said lord king, humbly beseeched the same lord king that he might say and declare each and every thing to be said and declared by him in the aforesaid parliament, in the name of the said commons, under such protestation that if he himself might declare something enjoined to him by his aforesaid fellows otherwise than had been agreed for him, or made additions or omissions, [col. b] then that thus declared might be corrected and put right by his aforesaid said fellows, and that his protestation should be recorded on the roll of the aforesaid parliament. To which the aforesaid lord chancellor, at the king's command, and with the advice of his council, replied that the same William might enjoy and have the benefit of such protestation as other speakers have been accustomed to use and enjoy in such parliaments in the time of the said lord king and his noble progenitors.
Prorogacio et adjornacio parliamenti. Prorogation and adjournment of parliament.
11. Memorandum, quod vicesimo primo die Decembris, anno presenti, dictus dominus cancellarius, de mandato prefati domini regis, ac de avisamento et assensu dominorum spiritualium et temporalium in presenti parliamento existentium, presentibus tunc ibidem una cum eisdem dominis communibus supradictis, declaravit qualiter varia negotia parliamenti predicti, pro statu et defensione regni Anglie, et presertim pro sana et solida gubernacione in singulis ejusdem regni partibus habenda et observanda, in eodem parliamento communicata et ministrata, varieque petitiones commodum et utilitatem dicti regni, juxta suppositiones earumdem, intime concernentes, eidem domino regi in parliamento predicto exhibite; ante festum natalis Domini tunc quasi in proximo existens, propter ipsorum negotiorum arduitatem, ac difficultates in eisdem peticionibus apparentes, discuti non poterant, nec finaliter terminari. Quapropter dictus dominus rex, de avisamento dominorum predictorum, dictum presens parliamentum suum usque ad crastinum Sancti Hillarii proximo tunc futurum, in villam de Redyng, pro expeditione ejusdem parliamenti inibi faciendo et habendo, duxit prorogandum et adjornandum, et illud sub hac forma realiter prorogavit et adjornavit; omnibus et singulis quorum interest in hac parte firmiter injungendo, quod ad dictum crastinum Sancti Hillarii, apud dictam villam de Redyng, pro celeri expeditione parliamenti predicti inibi ut premittitur faciendo et habendo, excusacione quacumque cessante, personaliter convenirent, ad communicandum, tractandum et consentiendum, super hiis que pro pleniori et saniori discussione, provisione, determinacione negociorum et ceterorum premissorum, favente Domino, contigerit ordinari. 11. Be it remembered that, on 21 December in the present year, the said lord chancellor, at the command of the aforesaid lord king and with the advice and assent of the lords spiritual and temporal assembled in the present parliament, then present there, together with the same aforesaid lords and commons, declared how they could not discuss or finally conclude before Christmas, which was then almost upon them, the multifarious business of the abovesaid parliament concerning the state and defence of the realm of England and especially the maintenance and observation of wise and sound governance in every part of the same realm, and various petitions which had been presented to the same lord king in the aforesaid parliament, which appeared to concern closely the benefit and utility of the realm, on account of the difficult nature of the aforesaid business, and the apparent difficulties in the same petitions. Whereupon the said lord king, with the advice of the aforesaid lords, caused his said present parliament to be prorogued and adjourned until the day after of St Hilary then next following to the town of Reading, and indeed prorogued it in this form; firmly enjoining each and everyone whom it concerned that, in order to cause and have the speedy resolution of the aforesaid parliament there, as is aforesaid, they should assemble in person on the said day after St Hilary [14 January 1440] at the said town of Reading, without any excuse, to consider, advise and determine on what might then be ordained there for a fuller and wiser discussion, provision and determination of the business and the other aforementioned matters, God willing.
[memb. 15]
< De decima et quintadecima, et medietate unius decime et quintedecime. > Concerning a tenth and a fifteenth, and a half tenth and fifteenth.
Memorandum, quod communes regni Anglie in presenti parliamento existentes, et coram domino rege in pleno parliamento predicto comparentes, per Willelmum Tresham prelocutorem suum declarabant, qualiter ipsi, de assensu dominorum spiritualium et temporalium in parliamento predicto existentium, concesserunt prefato domino regi unam quintamdecimam, et unam decimam, et medietatem unius quintedecime, et unius decime, exceptis quatuor milibus librarum de eisdem quintadecima et decima, et duobus milibus librarum de eadem medietate unius quintedecime et unius decime, sub certa forma, in quadam indentura inde confecta et domino regi in eodem parliamento exhibita contenta deducenda, de laico populo regni Anglie levandas. Tenor cujus Indenture sequitur in hec verba: Be it remembered that the commons of the realm of England, being at the present parliament and appearing before the lord king in full parliament, declared through William Tresham, their speaker, how they, with the assent of the lords spiritual and temporal being in the present parliament, had granted to the aforesaid lord king a fifteenth and a tenth, and a half fifteenth and a half tenth, except for £4,000 to be deducted from the same fifteenth and tenth and £2,000 from the same half fifteenth and half tenth, under certain terms contained in a certain indenture made thereupon and presented to the lord king in the same parliament, to be levied on the lay people of the realm of England. The tenor of which indenture follows in these words:
12. To the worship of God, we your pore communes, by your highe commandement commen to this your present parlement, for the shires, citees and burghes of this your noble realme, by the assent of the lords espirituell and temporell, by your auctorite roial in this your seid parlement assembled, graunten by this present endenture to you soveraigne lord, for the defence of this your seid realme, a .xv. me and .x. me , and half a .xv. me and .x. me , of the godes moebles of the [p. te-v-5][col. a] lay poeple of this your seid realme, except the somme of .iiij. m . li., of the somme that the seid hole .xv. me and .x. me atteigneth unto; and .ij. m .li. of the seid half .xv. me and .x. me , fully to be deducte, in partye of relief and discharge of the pore tounes, citees and burghs, desolate, wasted and destruyed, or over gretely empoverisshed, or elles to the seid taxe gretely charged, withinne this your seid realme; every shire of this your seid realme, to the seid .xv. me and .x. me , and half .xv. me and .x. me , to you by this present endenture chargeable, to be quyte and discharged of as moche summe, as woll atteigne to the quantite of the rate and afferaunt of the seid summe of .iiij. m . li., in the said hole .xv. me and .x. me , .ij. m .li. in the said half .xv. me and .x. me , aftur the summe that the seid shires, to the seid hole .xv. me and .x. me , and half .xv. me and .x. me bien assessud, evenly to be departud; and in your commissions direct to your collectours of the seid graunt to be depute, to be conteigned and expressud. And that afore eny commission to be direct to your seid collectours, that commissions by auctorite of this present parlement, be direct in every shire of this your seid realme, chargeable to the seid .xv. me and .x. me , and half .xv. me and .x. me , to a lord of the seid shire, and to the too knyghtes of the same shire, at this your seid parlement beyng by retourne of the sommones of this your seid parlement; gevyng tweyen of theym by your seid commission, by the auctorite aboveseid, plein power and auctorite by their discressions, by enquerre as elles, to appoynte, lymyte, assigne and sever particulerly, aftur the summes in the seid commissions to be deducte, as it is aboveseid and expressud, every toune, citee and burgh, desolate, wastud, destruyed, over gretely empoverisshed, or to the seid taxe over gretely charged, in the seid shire, the somme of his discharge by their discretions. And also that semblable commissions by the auctorite aboveseid, in every citee or burgh [[The following text has been deleted:
desolate]] your seid realme, chargeable to the seid .x. me , and half .x. me , beyng a shire incorporat, be direct to a lord, and to the too citeseins or burgeyses of the seid citee or burgh, by retourne of the seid sommones at this your seid parlement beyng; gevyng thaym or tweyn of thaym, by your seid commission, by the auctorite aboveseid, semblable power and auctorite by their discrecion, aswell by enquerre as elles, to appoynte, lymyte, assigne and sever particulerly, aftur the summes in the seid commission to be deducte, as is aboveseid and expressud, every parisshe or warde, desolate, wastud, destruyed, over gretely empoverisshed, or to the seid taxe over gretely charged, in the seid shire so incorporate, the summe of his discharge by thair discrecion; and theruppon the seid lordes and knyghtes of shires, in every shire as they be severally assigned, or tweyen of theym, and aswell the lordes and the citeseins of citees, as the lordes and burgeyses of burghs, beyng shires incorporate, or tweyne of them, as they be severally assigned, as it is aboveseid, under their lettres, and ensealud with thair seales, to certefie to your collectours of the seid taxe, the tounes, citees, burghs, parisshes and wardes, and the summes of theym so to be discharged; and that the said collectours by fore of the same certeficate, sursease of eny leve to make, of eny suche toune, citee, burgh, parisshe or warde, as for the somme so certefied to be discharded; and that every suche toune, citee, burgh, parisshe and warde, of the seid summe ageinst you be quyte and discharged; and that by the seid certeficates, the seid collectours of the taxe aforeseid, of the seid summes so certefied uppon their accomptz have due alowaunce, and therof ageinst you and your heirs, aswell they as the seid tounes, citees, burghs, parishes and wardes, be quyte and discharged [col. b] for all dayes: alway forsayn, that the said certeficates ne excede not the summe withinne the same shire to be deducte appoynted. Also except, that the lay poeple dwellyng withinne the citee of Lincoln, the suburbes and the purseynt of the same citee, and the lay poeple dwellyng in the pore tounes of Elm, Wisbeche, Leveryngton, Newton and Seint Giles Tidde, in the shire of Cantebr', or eny of theym, to the payement of the seid hole .xv. me and .x. me , and half .xv. me and .x. me , or eny part therof, by force of the seid graunte, in eny wise be artud or compellud; but that all the seid poeple of the seid citee of Lincoln, suburbes and purseynt therof, and of the seid tounes of Elm, Wisbeche, Leveryngton, Newton and Seint Giles Tidde, and everiche of theym, of the seid paiement of the seid hole .xv. me and .x. me , and half .xv. me and .x. me , and every parcell therof, ageinst you oure soveraigne lord and your heirs, been utterly quyte and discharged. Except also, that the lay poeple of the tounes of Andever and Alsford, in the counte of Suthampton, or eny of theym, to the paiement of the half of the seid hole .xv. me and .x. me , and half .xv. me and .x. me , by force of the seide graunte, in eny wyse be artud or compellud; but that all the seid poeple of the seid tounes of Andever and Alsford, and every of theym, of the seid paiement of the half of the seid hole .xv. me and .x. me , and half .xv. me and .x. me , and every parcell therof, ageinst you our soveraigne lord and your heirs, been utterly quyte and discharged: The seid hole .xv. me and .x. me , and half .xv. me and .x. me , except afore except, to be arerud and payed in the manere and fourme accustomed, to you our soveraigne lord, in the manere and fourme that foloweth. That is to sey, the fourth part of the seid hole .xv. me and .x. me , except afore except, at the fest of the Nativite of Seint John Baptiste next comyng; the half of the same hole .xv. me and .x. me , except afore except, at the fest of Seint Martyn in wynter than next comyng; the other fourth part of the same hole .xv. me and .x. me , except afore except, at the fest of Ester than next folowyng; and the other half .xv. me and .x. me , except afore except, at the fest of Seynt Martyn in wynter than next folowyng. (fn. v-3-63-1)
12. For the honour of God we your poor commons who have come by your high command to this your present parliament on behalf of the counties, cities and boroughs of this your noble realm, with the assent of the lords spiritual and temporal assembled in this your said parliament by your royal authority, grant by this present indenture to you, sovereign lord, for the defence of this your said realm, a fifteenth and a tenth and a half fifteenth and tenth on the moveable goods of the [p. tr-v-5][col. a] lay people of this your said realm, except the sum of £4,000 to be deducted in full from the sum of the said whole fifteenth and tenth, and except £2,000 from the said half fifteenth and tenth, towards the relief and discharge of the poor towns, cities and boroughs which are desolate, laid waste and destroyed or too much impoverished or else or too much overburdened by the said tax within this your said realm; every county of the said realm liable to you for the said fifteenth and tenth and the half fifteenth and tenth by this present indenture shall be quit and discharged of as much of the sum as will pertain to the amount of the rate and level of the said sum of £4,000 in the said whole fifteenth and tenth, and of £2,000 in the said half fifteenth and tenth, to be shared out evenly according to the sum at which the said counties have been assessed for the said whole fifteenth and tenth and half fifteenth and tenth; and to be contained and declared in your commissions directed to those whom you will appoint as your collectors of the said grant. And that before any commission is directed to your said collectors, commissions, by the authority of this present parliament, shall be directed to every county of this your said realm chargeable for the said fifteenth and tenth and half fifteenth and tenth to a lord of the said county and to the two knights of the same county who are present in this in this your said parliament by return of the summons of the said parliament, giving them, or two of them, by the said commission and by the aforesaid authority, full power and authority at their discretion, both by inquest and other means, to appoint, limit and assign, and in particular make distinct, according to the sum to be deducted in the said commissions, as it is said and expressed above, every town, city and borough which is desolate, laid waste, destroyed, too much impoverished or too much overburdened with the said tax in the said county, the sum of its discharge being at their discretion. And also that, by the aforesaid authority, in every city or borough of your said realm chargeable to the said tenth and half tenth, being an incorporated county, similar commissions shall be directed to a lord and to the two citizens or burgesses of the said city or borough being, by return of the summons of the said parliament, present at the same parliament, giving them, or two of them, by your said commission, by the aforesaid authority, similar power and authority at their discretion, as well by inquiry as otherwise, to appoint, limit, assign and in particular make clear, according to the sum to be deducted in the said commissions, as is said and expressed above, every parish or ward which is desolate, laid waste, destroyed, too much impoverished or too much overburdened by the said tax in the said county so incorporated, the sum of the discharge being at their discretion. And thereupon the said lords and knights of the counties in every county as they are individually assigned, or two of them, as well as the lords and citizens of cities and the lords and burgesses of boroughs which are incorporated counties, or two of them, as they are individually assigned as is aforesaid, under their letters sealed with their seals to your collectors of the said tax, shall certify the towns, cities, boroughs, parishes and wards, and the sums of those so discharged; and that the said collectors, by force of the same certificate, shall refrain from making any levy of any such town, city, borough, parish and ward, of the sum so certified to be discharged; and that every such town, city, borough, parish and ward be quit and discharged of the said sum towards you; and that, by the said certificates, the said collectors of the aforesaid tax shall have due allowance of the said sums so certified upon their accounts; and they, as well as the said towns, cities, boroughs, parishes and wards, shall be quit and discharged thereof towards you and your heirs [col. b] forever. Always provided that the said certificates do not exceed the sum appointed to be deducted within the same county. Also provided that the lay people dwelling within the city of Lincoln, the suburbs and the precincts of the same city, and the lay people dwelling in the poor towns of Elm, Wisbech, Leverington, Newton and Tydd St Giles in Cambridgeshire, or any of them, shall not be forced or compelled in any manner to contribute to the payment of the said whole fifteenth and tenth and half fifteenth and tenth, or any part thereof, by force of the said grant; but that all the said people of the said city of Lincoln, the suburbs and precincts thereof, and of the said towns of Elm, Wisbech, Leverington, Newton and Tydd St Giles, and every one of them, shall be utterly quit and discharged of the said payment of the said whole fifteenth and tenth and half fifteenth and tenth, and every part thereof, towards you, our sovereign lord, and your heirs. Also provided that the lay people of the towns of Andover and Alresford in Hampshire, or any of them, shall not be forced or compelled in any manner to contribute to the payment of the half of the said whole fifteenth and tenth and half fifteenth and tenth, by force of the said grant; but that all the said people of the said towns of Andover and Alresford, and every one of them, shall be completely quit and discharged of the said payment of the half of the said whole fifteenth and tenth and half fifteenth and tenth, and every part thereof, towards you, our sovereign lord, and your heirs. The said whole fifteenth and tenth and half fifteenth and tenth, with the exceptions already noted, shall be levied and paid in the accustomed manner and form to you, our sovereign lord, in the manner and form that follows: that is to say, the quarter of the said whole fifteenth and tenth, with the exceptions already noted, at the feast of the Nativity of St John the Baptist next following [24 June 1440]; the half of the same whole fifteenth and tenth, with the exceptions already noted, at Martinmas then next following [11 November 1440]; the other quarter of the same whole fifteenth and tenth, with the exceptions already noted, at Easter then next following [16 April 1441]; and the other half fifteenth and tenth, with the exceptions already noted, at Martinmas then next following [11 November 1441]. (fn. v-3-63-1)
< De subsidiis concessis. > Concerning subsidies granted.
Declaravit insuper idem prelocutor, nomine communium predictorum, qualiter ipsi, de assensu dominorum spiritualium et temporalium predictorum, concesserunt prefato domino regi certa subsidia, tam de indigenis, quam de alienigenis, sub certa forma in quadam alia indentura inde confecta, et eidem domino regi ibidem similiter exhibita contenta levanda: cujus eciam indenture tenor sequitur in hec verba: The same speaker further declared, in the name of the aforesaid commons, how they, with the assent of the aforesaid lords spiritual and temporal, have granted certain subsidies to the aforesaid lord king, from both denizens and aliens, to be levied under certain terms contained in another indenture made thereupon and similarly presented to the same lord king. The tenor of which indenture follows in these words:
13. To the worship of God, we youre pore communes, by youre high commaundement comen to this youre present parlement, for the shires, citees and burghes of this your noble roialme, bi thassent of alle the lordes spirituell and temporell, by youre auctorite roiall in this youre seide parlement assemblid, graunt by this present endenture to yow oure soverain lord, for the defence of this youre seide roialme, and in especiall for the safe keping of the see, certein subsidies, to be paied in the maner and fourme that foloweth. That is to sey, of every sack of wolle, and every .ccxl. wollefell, of every merchaunt alien, goyng out of youre seide roialme, fro the fest of Seint Martyn in wynter next comyng, bi .iij. yere than next folowyng, .liij. s. .iiij. d.; and of every fack of wolle, and of every .ccxl. wollefell, of every merchaunt denisen, goyng out of youre seide roialme, by the same tyme, .xxxiij. s. .iiij. d.: these subsedies to be paied and leveed, in maner and fourme as thei buth paied and leveed at this day. Except allewey and forseyn, that hit be lefefull to the maire and citesyns of the citee of Lyncoln, her heires and successours for the tyme beyng, to shipp or [p. te-v-6][col. a] do shipp, at youre portes of kyngeston uppon Hulle, or Boston, and to cary to youre staple of Caleys, every yere of the seide .iij. yeres, to thaire use and profite, and to use [[The following text has been deleted:
use]] of the saide citee, .lx. sacks of wolle, without eny subsedy of the seide .xxxiij. s. .iij. d. of or for the seide .lx. sackis, to you, youre heires or successours in eny wise to be paied; in relef, confortacion and supportacion of the grete and importable chargis, the which the seide maire and citesyns, yerely in payment of thair fee ferme of the seide citee beren and susteyn: and that the saide maire and citesyns, of the seide subsedy for the seide .lx. sackis of wolle, every yere of the seide .iij. yeres to be shipped, ayenst yowe oure soverain lord, youre heirs and successours, be quiet and dischargid for ever more. And over that, we youre seide communes, for the seide defence and safe keping of the see, graunt to yowe oure soverain lord, bi the auctorite aforeseide, a noþer subsedy to be paied in the maner and fourme that foloweth; that is to sey, of every ton of wyne, of every merchaunt denisen and alien, comyng by way of merchaundy into youre seide roialme, fro the first day of Aprill next commyng, by .iij. yere then next folowyng, .iij. s.; and of every ton of swete wyne, of every merchaunt alien, commyng into youre seide roialme by the same tyme, .iij. s. over the seide .iij. s. afore graunted. And moreover, we youre seide communes, graunt to yow oure soverain lord, bi the auctorite and assent aforeseide, for the seide defence and safe keping of the see, a nother subsedy to be paied in the maner and fourme that foloweth; that is to sey, of alle maner of merchaundises, of every merchaunt denisen and alien, going out of youre seide roialme, or comyng into the same roialme, by way of merchaundy, from the seide first day of Aprill, by .iij. yere than next folowyng, of the value of .xx. s., .xx. d.; alle suche maner of merchaundy of every merchaunt denisen, to be valued aftir that they cost at the first byeng or achate, bi the othes of the same merchauntis denisens, or of thaire servauntis in thaire absence, or by thaire letters, the which the same merchauntis have of suche byeng from thaire factoures, and in noone other wise; alle maner of wollen cloth, of alle merchauntis denisens, going out of youre seide roialme with ynne the same tyme, alle maner of wolle and wollefelle, going out of the same roialme, whete, rye, flour, alle maner of fressh fyssh and wyne, comyng into thyis youre seide roialme, alle maner of vitaill going to Caleys, out of this graunt allewey except. And if eny merchaundise of eny merchaunt denisen, out of this saide roialme passing, whereof the seide subsed' is paied or agreed, or sieurtee thereof made, be peresched, other lost by enfortune of the see, or be take with enemyes, without covine or fraude, and that founde or preoved bifore the tresourer of Englond, or the chief baron of the escheker for the tyme beyng, bi examinacion of the same merchaunt, and other resonable witnesses and preoves of the seide merchaundises so lost other pereshed; that thenne the seide merchauntis denisens, owners of the seide merchaundises so peresched and lost, whan thaym liketh mowe shipp as moche merchaundy in value, bi force and vertue of the seide auctorite, in the same port in the which the same merchaundy was shipped, as was so peresched or taken, without eny subsedy thereof to be hadde.
13. For the honour of God, we your poor commons who have come by your high command to this your present parliament on behalf of the counties, cities and boroughs of this your noble realm, with the assent of all the lords spiritual and temporal assembled by your royal authority in this your said parliament, grant by this present indenture to you, our sovereign lord, for the defence of this your said realm and in particular for the safe-keeping of the sea, certain subsidies to be paid in the manner and form that follows: that is to say, on every sack of wool and every 240 woolfells exported by every alien merchant from your said realm from Martinmas next following [11 November 1440] for the three years then next following, 53 s . 4 d ., and on every sack of wool and every 240 woolfells exported by every denizen merchant from your said realm during the same period, 33 s . 4 d .; these subsidies to be paid and levied in same manner and form as they are presently paid and levied. Always excepting and provided that it is lawful for the mayor and citizens of the city of Lincoln, their heirs and successors at the time, to ship [p. tr-v-6][col. a] at your ports of Kingston upon Hull or Boston and to carry to your staple of Calais, each year during the said three years, 60 sacks of wool for their use and profit, and for the use of the said city, without paying any subsidy of the said 33 s . 3 d . on or for the said 60 sacks to you, your heirs or successors in any way; in relief, comfort and support of the great and unbearable charges which the said mayor and citizens bear and sustain yearly in payment of the fee farm of the said city; and that the said mayor and citizens shall be quit and discharged of the said subsidy on the said 60 sacks of wool to be shipped each year of the said three years towards you, our sovereign lord, your heirs and successors forever. And moreover that we your said commons, for the said defence and safe-keeping of the sea, grant to you, our sovereign lord, by the aforesaid authority, another subsidy to be paid in the following manner and form: that is to say, on every tun of wine imported by every denizen and alien merchant to your said realm as merchandise from 1 April next coming [1440], for the three years then next following, 3 s .; and on every tun of sweet wine imported by every alien merchant to your said realm during the same period, 3 s . in addition to the said 3 s . previously granted. And moreover we your said commons grant to you, our sovereign lord, by the aforesaid authority and assent, for the said defence and safe-keeping of the sea, another subsidy to be paid in the manner and form that follows: that is to say, for all manner of merchandise exported by every denizen and alien merchant from your said realm or imported to the same realm as merchandise from 1 April, for three years then next following, of the value of 20 s . 20 d .; all such kinds of merchandise of every denizen merchant shall be valued according to what it cost at the first buying or purchase by the oaths of the same denizen merchants or, in their absence, that of their servants, or by their letters which the same merchants have for such purchase from their factors, and in no other way; always excepting from this grant all manner of woollen cloth exported by all denizen merchants, and by each of them, from your said realm in the same period, all manner of wool and woolfells exported from the same realm, and wheat, rye, flour, all manner of fresh fish and wine imported to this your said realm, and all manner of victuals exported to Calais. And if any merchandise of any denizen merchant exported from this said realm on which the said subsidy is paid or agreed, or guarantee is found for this without fraud or collusion, is perished or is lost by misfortune at sea or is seized by enemies, and is is found or proved before the treasurer of England, or the chief baron of the exchequer at the time, by the examination of the same merchant and other reasonable witnesses and evidence of the said merchandise thus lost or perished, that then the said denizen merchants, owners of the said merchandise thus perished and lost, may ship, when it pleases them, as much merchandise in value, by force and virtue of the said authority, in the same port in which the same merchandise was shipped as was thus perished or seized, without paying any subsidy thereon.
< Subsidia de alienigenis. > Subsidies from aliens.
14. Declaravit eciam idem prelocutor, nomine communium predictorum, qualiter ipsi, de assensu dominorum spiritualium et temporalium predictorum, concesserunt prefato domino regi certa subsidia de alienigenis, sub certa forma in quadam alia indentura inde confecta, et eidem domino regi ibidem similiter [col. b] exhibita contenta levanda: cujus eciam Indenture tenor sequitur in hec verba: 14. Also the same speaker declared, in the name of the aforesaid commons, how they, with the assent of the aforesaid lords spiritual and temporal, have granted certain subsidies from aliens to the aforesaid lord king, to be levied in certain terms contained in another indenture made thereupon and similarly presented to the same lord king. [col. b] The tenor of which indenture follows in these words:
To the worship of God, we your pouere communes, by youre hie commaundement comen to this your present parlement, for the shires, citees and burghes of this your noble reaume, by thassent of alle the lordes spirituell and temporell, by your auctorite roial in this your said parlement assembled, graunte to yow oure soveraine lorde, for the kepynge and defence of the see, a certeyne subsidie to be levied and paied in the maner and fourme that foloweth. That is to sey, that every persone housholder not English borne, dwellynge withynne this your said reaume, men and women borne in Wales, and other made denizeins except, paie to yowe yerely .xv.I d.: and that every other persone non housholder, and noght borne in Engelonde, except afore except, paie to yowe yerely .vi. d., atte festes of Pasch and Seynt Michel by evyn porcion. And if it so be, that eny such persone not borne in Engelonde, chargeable to this paiement aforesaide, dye or voyde, so that levye of such money of hem that so dyen or voyden, maye not be made; that thanne þat þat shall make accompte in your eschequer for the levie of such money, uppon her othes, have theroffe due allowaunce uppon her said accomptes: purveyed alwey, that women not Englissh borne, to eny Englissh men or Walshmen wedded, men of religions obediencers, children withynne the age of .xij. yere, be not comprehended withynne this ordenaunce and graunte. And that this ordenaunce endure and stande in his force, fro the begynnynge of this parlement, to the ende of .iij. yere thanne next suynge. (fn. v-3-77-1) For the honour of God, we your poor commons who have come by your high command to this your present parliament on behalf of the counties, cities and boroughs of this your noble realm, with the assent of all the lords spiritual and temporal assembled in this your said parliament by your royal authority, grant to you, our sovereign lord, for the keeping and defence of the sea, a certain subsidy to be levied and paid in the manner and form that follows: that is to say, that every householder not born in England but dwelling within this your said realm, men and women born in Wales, and others who have been made denizens excepted, shall pay to you yearly 16 d .; and that every other person who is not a householder and not born in England, with the exceptions already noted, shall pay to you 6 d . each year at Easter and Michaelmas in equal portions. And if it so happens that any such person not born in England, chargeable this aforesaid payment, should die or leaves so that the levy of such money from them so dying or leaving may not be made, that then those who shall make account upon their oaths in your exchequer for the levy of such money shall have due allowance upon their said accounts thereof. Provided always that women not born in England but married to any Englishman or Welshman, men of religious obedience and children within the age of 12 years shall not be included within this ordinance and grant. And that this ordinance remain and stand in force from the beginning of this parliament to the end of three years then next following. (fn. v-3-77-1)
[memb. 14]
< custumes, subsidies, etc. > Customs, subsidies, etc.
15. Item, nostre seignur le roi, par advis et assent des seignurs espirituelx et temporelx, et la commune de roialme, en cest present parlement assembled, ad graunte et ordine; qe les seignurs de son counseill, et de sez heirs et successours, et auxi le tresorer d'Engleterre, et les chamberleyns del escheqer pur le temps esteantz, eient plein poair par auctorite du dit parlement, de faire a toutz iceux qi ount fait ou ferrount ascuns creaunces au roi pur defense de son roialme, de summe de cent mill livres ou dedeinz, parentre cy et le proschein parlement; et auxi a toutz ceux, et chescun de eux, qe par lour obligacions sount obligeez, pur ascuns creaunces faitz au roy par devant, tantes et si bones seurtes de par le roi, sibien des custumes, subsidees, et toutz autres prouffitz, commoditees et revenuz, queux soient du roy, sez heirez ou successours du roialme d'Engleterre, et auxi de lour joialx, biens mobles, et des biens, joialx et chateux de la corone, pur repaiement ou agreement de lour prestes, creaunces et obligacions, come semblera a les creditours et obligees suisditz, lour executours et assignes, agreables, bones et sufficeantz, par advis sibien des ditz creditours et obligees, come des sergeantz et attournes du roy, et autres de lour counseil, come semblera available pur eux; les queux les ditz creditours et obligees a ceo voillent nommer, ou lour executours ou assignes; les queux sergeantz ou attournes du roy, il voet et commaunde d'estre del counseill dez ditz creditours et obligees en ceo cas, a tout temps covenable, pur les repaiementz des creaunces, prestes et obligacions suisditz, come des grauntes del clergie en ascun convocacion, ou de la laie poeple, faitz ou a fairez en temps de cest parlement. Et qe les creditours et obligees suisditz, lour executours et assignes, eient et enjoient les paiementz et summes des deniers des ditz grauntes, custumes et subsidees, proffitz, commoditees, revenues, joialx, biens et chateux, as ditz creditours et obligees, et a chescun de eux, ou lour executours ou assignes, par les suisditz seignurs de counseil, tresorer et chamberleyns, en la dit fourme come dit est, a grauntiers, paiers, leviers, assigners et deliverers, saunz estre [p. te-v-7][col. a] pur ceo empesches, molesteez ou grevez, par le roy, ses heires, successours ou executours, ou autre persone qeconqe. Et qe le chaunceller d'Engleterre pur le temps esteant, ferra as ditz creditours et obligees, et a chescun de eux, lour executours, assignees ou deputees, tauntz et tielx lettres patentz, et briefs desoubz le graunde seal du roi, et de sez heires et successours, en tiel fourme, saunz fee et fine pur icell a paier, des biens le roy, custumes, subsides, et toutz autres proffitz, commoditees et revenues et autres biens le roy, come desuis est dit, pur la seurtee de le repaiement et agreement des ditz creditours, obligees, lour executours, assignees et deputees, come semblera a mesmes les creditours et obligees, lour executours, assignees et deputees, necessaires et sufficiantz, par advis des counseilles suisditz; et ceo par auctoritee de cest present parlement. Et qe toutz les persones del counseill le roi, le tresorer d'Engleterre q'oest [sic: read 'q'orest'] , et qi pur le temps serra, custumers, et chescun autre officer du roy, et autre persone du roialme qeconqe, qe delivera les joialx, biens et chateux du roy, ou paiera ascuns summes des deniers avauntditz, as ditz creditours et obligees, lour executours ou assignees, pur la seurte, satisfaccion ou paiementz des ditz obligacions, ou des summes par eux creaunces ou a creaunciers, soient par auctorite de cest parlement, ent quitez et dischargez envers nostre seignur le roy, ses heires et successours, et lour executours pur toutz jours: saunz ceo q'il, ou ascun de eux, soit ou soient en celle partie ascunement molestez, grevez ou empeschez, de par le roy, sez heirs ou successours, ou lour executours, ou autres qeconqes. purveu toutz foitz, qe null des lieges nostre seignur le roi, par force de cest ordinance soit artee ne compelle countre son gree, de faire preste, chevesaunce, obligacion, ne autre seurtee qeconqe au roy, ou a qeconqe autre persone, pur la chevesaunce du summe avauntdit, ne de ascun parcell d'icell. purveu auxi, qe nulle persone soit endammage de son franc tenement, ne de sa enheritance, par force d'icell act. purveu auxi toutz foitz, qe par force d'icest ordinance, provision ou act, null prejudice soit fait a ascune graunte, attroie ou assignement, fait a ascune persone devaunt cest present parlement. purveu auxi, qe nulle persone soit endamage de son franc tenement, ne de sa enheritaunce, ne de son chatell, terme, droit ou interesse, par force de ceste ordenaunce . purveu, qe qe [sic] si ascuns [...] maners des assignementz soient faitz, par taill, billes, ou autrement, devaunt ceste ordenaunce, quex covient estre chaungez, qe adonqes ils soient chaungez; et qe novelx assignementz ent soient soie, et qe mesmes les assignementz ensi de novell faitz ou a fairez apres ceste ordenaunce, soient de autiel force et effect come les aunciens assignementz eussent este, s'ils ne coviendr' d'estre chaungez; ceste ordenaunce nient obstant. (fn. v-3-81-1) 15. Item, our lord the king, with the advice and assent of the lords spiritual and temporal and the commons of the realm assembled in this present parliament, has granted and ordained that the lords of his council, and those of his heirs and successors, and also the treasurer of England and the chamberlains of the exchequer at the time should have full power, by the authority of the said parliament, to issue to all those who have given or will give any loans to the king for the defence of his realm, to the sum of £100,000 or less, between now and the next parliament, and also to all those, and to every one of them, who are bound by their obligations for any loans previously given to the king, as many and such good guarantees on behalf of the king, whether from the customs, subsidies and all other profits, commodities and revenues which pertain to the king, his heirs or successors of the realm of England or from their jewels and moveable goods, and from the goods, jewels and chattels of the crown, for the repayment or acknowledgement of their loans, credits and obligations, as seem acceptable, good and sufficient to the aforesaid creditors and obligors, their executors and assigns, with the advice not only of the said creditors and obligors but also of the king's serjeants and attorneys and others of their council as seems advantageous for those whom the said creditors and obligors may wish to name for this purpose, or their executors or assigns. And he wishes and commands these serjeants or attorneys of the king to advise the said creditors and obligors in this matter at all suitable times, for the repayment of the aforesaid credits, loans and obligations, both from grants from the clergy in any convocation, or from the lay people, given or to be given during this parliament. And that the aforesaid creditors and obligors, their executors and assigns should have and enjoy the payments and sums of money from the said grants, customs and subsidies, profits, commodities, revenues, jewels, goods and chattels to be granted, paid, levied, assigned and delivered to the said creditors and obligors, and to each of them, or their executors or assigns, by the aforesaid lords of the council, the treasurer and chamberlains, in the said terms, without being [p. tr-v-7][col. a] prevented, molested or harmed on this account by the king, his heirs, successors or executors, or any other person whatsoever. And that the chancellor of England at the time will issue to the said creditors and obligors, and to each of them, their executors, assigns or deputies as many and such letters patent and writs under the king's great seal, or that of his heirs and successors, in such terms, without payment of fee and fine for the same, from the king's goods, customs, subsidies and all other profits, commodities and revenues and other goods of the king, as is aforesaid, for the security of the repayment or acknowledgement to the said creditors, obligors, their executors, assigns and deputies, as seems necessary and sufficient to the same creditors and obligors, their executors, assigns and deputies, with the advice of the aforesaid council and by the authority of this present parliament. And that all persons on the king's council, the present treasurer of England and any treasurer in future, the customs officers, and every other officer of the king, or any other person of the realm whatsoever who hands over the jewels, goods and chattels of the king or pays any sums of money aforesaid to the said creditors and obligors, their executors or assigns for the security, satisfaction or payment of the said obligations, or of the sums loaned or to be loaned by them, will, by the authority of this parliament, be quit and discharged with respect to our lord the king, his heirs and successors, and their executors forever: on such terms that they, or any of them, will not be in any way troubled, harmed or prevented in this regard on behalf of the king, his heirs or successors, or their executors, or anyone else whatsoever. Provided always that none of the lieges of our lord the king, by force of this ordinance, shall be forced or compelled against his will to give a loan, levy, obligation or other security whatsoever to the king, or to any other person whatsoever, for the levy of the aforesaid sum, or any part thereof. Also provided that no person is placed in jeopardy in relation to his freehold or his inheritance by force of this act. Also provided always that, by force of this ordinance, provision or act, no harm shall come to any grant, agreement or assignment made to any person before this present parliament. Also provided that no person shall be placed in jeopardy in relation to his freehold or his inheritance or his property, term, right or interest, by force of this ordinance. Provided that if any manner of assignment shall have been made by entail, bill or other means before this ordinance, which needs to be changed, that then it shall be changed; and that new assignments shall be issued, and that the same assignments thus newly made or to be made after this ordinance shall be of the same force and effect as the old assignments were, if they did not need to be changed; notwithstanding this ordinance. (fn. v-3-81-1)
< Expenses of the kings housholld. > Expenses of the king's household.
16. Item, for so moche as the king oure soverayn lord, havyng knoweliche of grete murmour and clamour that shold be in his roialme of Englond, for non paiment of the dispensis of his houshold, willyng of his goode grace, paiment to his liege peple to be made for the dispensis of the same houshold, graunteth and ordeineth bi thassent of the lordes spirituell and temporell, and the communes of the saide roialme, in this present parlement assemblid, and bi auctorite of the same parlement; that alle the profites, < issues > , revenues, customes and commoditees, comyng or for to come, of alle the castellis, honnures, maners, lordschippes, landis, tenementis, rentes, reversions, services, fraunchises, libertees, viewes of francplegges, hundreds, letis, courtis, and alle other enheritaunces and possessions of the duchie of Lancastre remaynyng in his hand, and of the duchie of Cornewaille, while the same duchie shall be in his hand, fro the fest of Seint Michell the Archangell [col. b] last passid; except alle fees, wages, annuytees, reparacions, and other chargis necessarie goyng out of the same; be ordeined, aplied and emploied, to the dispensis of his saide houshold, and delivered bi the receyvours generall of the saide duchies for the tyme beyng, to the tresourer of his saide houshold for the tyme beyng, bi endentures thereof bitwene thaym to be made: and that the receyvours generall of the saide duchees, uppon thair accompt alleweyes shall have allowance and discharge of thair paymentis, made bi suche endentures. And yf the same receyvours make payement in eny other wise, than in fourme aforeseide, that than thereof they be disalowed uppon thaire accompt: savyng to alle the kings lieges, there title, right and interesse, that they have in the seide duchees, or in eny parcell thereof, this acte notwithstandyng: and that this ordinance endure to the ende of .v. yere next ensuyng. (fn. v-3-85-1) 16. Item, whereas the king our sovereign lord, having knowledge of the great murmur and clamour which exists in his realm of England because of the non-payment of the expenses of his household, and willing of his good grace that payment should be made to his liege people for the expenses of the same household, grants and ordains by the assent of the lords spiritual and temporal and the commons of the said realm assembled at this present parliament, and by the authority of the same parliament, that all the profits, issues, revenues, customs and commodities coming or to come from all the castles, honours, manors, lordships, lands, tenements, rents, reversions, services, franchises, liberties, views of frankpledge, hundreds, leets, courts and all other inheritances and possessions of the duchy of Lancaster remaining in his hand, and of the duchy of Cornwall while the same duchy shall be in his hand, from Michaelmas [col. b] last passed [29 September 1439], except all fees, wages, annuities, repairs and other necessary charges going out of the same, shall be ordained, applied and employed to the expenses of his said household, and that they shall be delivered by the receivers general of the said duchies at the time to the treasurer of his said household at the time, by indentures thereof to be made between them; and that the receivers general of the said duchies shall always have allowance and discharge on their account of their payments made by such indentures. And if the same receivers make payment in any other way than in the aforesaid form, that then they will be disallowed the same on their account, saving to all the king's lieges their title, right and interest which they have in the said duchies or in any part thereof, notwithstanding this act. And this ordinance shall last until the end of five years next following. (fn. v-3-85-1)
< purveyors. > Purveyors.
17. Item, quedam cedula porrecta fuit et liberata communibus predictis, ex parte domini regis, sub hac forma: 17. Item, a certain schedule was delivered and handed over to the aforesaid commons on the part of the lord king in these terms:
For as moche as the kynge ne wolde in any wyse that the poeple of his londe shulde be illuded, as toward the hope that he hath putte hem in, anens the easyng of hem ayeins the monyfolde greves and the harmes, that as it is saide hath ben doon unto hem, by grete abuse of the purveours of his householde; namely, consideryng that the communes of the lond, assembleed in this present parlement, hath in favour, and for the soner execucion of his saide entent, made hym a graunte of a notable somme of money; and that it is so, that the gode and effectuell execucion of the kynges saide entent, asketh a gode and a ripe deliberacion and avys, the which can noght be hade in a fewe dayes; the kyng desireth that auctorite may be yeven to his conseil, by this present parlement, to make all such ordinances and provisions as shall be nedefull or required, for dewe execucion and fulfillyng of his saide entent toward the saide householde, to the which the kyng is redy sembleabely to yeve his assent and auctorite; and this to be done betwix this, and the fest of the Nativite of Saint John Baptist next commyng. Whereas the king does not wish that the people of his land should be deluded in any way concerning the hope that he has put them in, concerning their alleviation from the manifold distresses and the harms that, as it is said, have been done to them by great abuse of the purveyors of his household, namely, considering that the commons of the land assembled at this present parliament have, in favour of and for the quicker execution of his said intent, made him a grant of a notable sum of money; and since it happens that the good and effective execution of the king's said intent requires a full and mature deliberation and advice which cannot be had in a few days, the king desires that authority may be given to his council, by this present parliament, to make all such ordinances and provisions as shall be needful or required for the due execution and fulfilling of his said intent concerning the said household, to which the king is similarly ready to give his assent and authority; and this shall be done between now and the feast of the Nativity of St John the Baptist next coming [24 June 1440].
Cui quidem cedule, ac materie in ea contente, iidem communes assensum suum prebuerunt sub hiis verbis: To which schedule, and to the material contained within it, the same commons gave their assent in these words:
A ycestes les communes sount assentz. The commons have agreed to this.
Quibus quidem cedula et assensu, coram ipso domino rege in parliamento predicto, in presentia dominorum spiritualium et temporalium in eodem existentium, lectis et plenius intellectis; idem dominus rex, de avisamento et assensu eorumdem dominorum et communitatis, ordinavit auctoritate parliamenti predicti, quod talis auctoritas detur consilio ipsius regis, auctoritate ejusdem parliamenti, prout in eadem cedula specificatur et continetur, modo et forma in eadem declaratis. (fn. v-3-102-1) Which schedule and assent, having been read and fully understood in the presence of the same lord king in the aforesaid parliament, and in the presence of the lords spiritual and temporal present at the same, the same lord king, with the advice and assent of the same lords and commons, ordained by the authority of the aforesaid parliament, that such authority be given to the council of the king himself, by the authority of the same parliament, as is specified and contained in the same schedule, in the manner and form declared in the same. (fn. v-3-102-1)
< De eleccione militum pro parliamento. > Concerning the election of knights for parliament.
18. Memorandum, quod pro eo quod, sextodecimo die Novembris, anno presenti, lecto coram domino rege, ac dominis spiritualibus et temporalibus in parliamento predicto tunc existentibus, et per eos plenius intellecto, returno cujusdam brevis ipsius domini regis, Gilberto Hore nuper vicecomite Cantebr', pro eleccione duorum militum inter alios qui ad parliamentum predictum pro comitatu predicto venire debuissent, juxta formam in eodem brevi specificatam faciendis directi, satis evidenter constabat tunc ibidem, quibusdam certis de causis in eodem returno specificatis, nullos milites ad veniendos ad parliamentum predictum pro eodem comitatu, pretextu brevis predicti eleccos aliqualiter extitisse; per ipsum dominum regem, de avisamento et assensu eorumdem dominorum spiritualium et temporalium, consideratum [p. te-v-8][col. a] et ordinatum fuit tunc ibidem, quod per quoddam aliud Breve ipsius domini regis, de data dicti prioris brevis, vicecomes comitatus predicti detur specialiter in mandatis, quod ipse, facta proclamacione in proximo comitatu suo, infra dictum comitatum Cantebr', post recepcionem brevis illius tenendo, de die et loco tencionis parliamenti predicti, eleccionem duorum militum gladiis cinctorum, ac omnia alia in eodem continenda, juxta formam ejusdem brevis, facietur et exequatur; et quod idem vicecomes, antequam ad hujusmodi eleccionem faciendum procedat, publice in eodem comitatu proclamari et inhiberi faciat, ne aliqua persona tunc ibidem armata seu modo guerrino arraiata ad eleccionem illam accedat, nec quicquam quod in perturbacionem pacis ipsius domini regis, seu eleccionis illius cedere valeat, ibidem vel alibi faciat vel attemptet, nec quod aliqua persona se de eleccione illa aliqualiter intromittat, nec vocem suam in eleccione illa, ea tantummodo excepta persona que vocem in hujusmodi eleccione infra comitatum predictum facienda, juxta formam statutis in eodem brevi specificatam, habere debeat, dare presumat quovis modo, sub periculo incumbenti, ac sub pena imprisonamenti corporis sui, ad voluntatem ipsius domini regis [...] idem vicecomes personas que premissa seu aliquod premissorum in aliquo contra [...] re presumpserint, prisone ipsius domini regis mancipet et committat, in eadem salvo et secure custodiendas, quousq; idem dominus rex pro earum deliberacione aliter duxerit demandando. 18. Be it remembered that whereas, on 16 November in the present year, the return of a certain writ of the lord king having been read and fully understood in the presence of the lord king and the lords spiritual and temporal then present in the aforesaid parliament, directed to Gilbert Hore, former sheriff of Cambridge, for the election of two knights for the aforesaid county from among those who should have come to the aforesaid parliament, to be made according to the terms specified in the same, it was established clearly enough then and there, for certain reasons specified in the same return, that no knights had been elected in any way, by virtue of the aforesaid writ, to come to the aforesaid parliament for the same county; it was considered by the same lord king, with the advice and assent of the same lords spiritual and temporal, [p. tr-v-8][col. a] and then ordered there that, by another writ of the lord king of the same date as the said previous writ, the sheriff of the aforesaid county was specially directed that he himself, having made proclamation about the day and in the place of the aforesaid parliament in his next county court to be held within the said county of Cambridgeshire after the receipt of that writ, should carry out and accomplish the election of two knights belted with swords, and everything else contained in the same writ, according to the terms of the same writ; and that the same sheriff, before he proceeds to carry out the same election, should cause it to be proclaimed and practised publicly in the same county that no person then and there armed or arrayed for war should approach that election, nor anybody who is capable of or who causes or attempts the disturbance of the peace of the lord king or of that election, nor that any person concern themselves with that election in any way, nor presume to give his voice in that election in any way, except only persons who ought to have voice in this election to be carried out within the aforesaid county, according to the terms of the statute specified in the same writ, under the peril which would be incumbent and on pain of the imprisonment of his body, at the will of the lord king. The same sheriff shall entrust and commit to the prison of the lord king those people who shall presume to object to the foregoing or to any of the foregoing in any way, to be guarded safely and securely in the same until the same lord king should command otherwise for their delivery.
[memb. 13]
< The kings purveyours. > The king's purveyors.
19. Item, quedam cedula, sive billa, communibus predictis, de mandato ipsius domini regis, exhibita fuit et liberata sub hac verborum serie: 19. Item, a certain schedule or bill, at the lord king's command, was presented and delivered to the aforesaid commons, in these words following:
For so moch as the king our soverain lord, is enfourmed of gret murmour and clamour that shuld be in his roialme her in Englond, that the purveours of his houshold, taken dayly for hym of his peple of this land, their oxen, shepe, pullaile, whete, otes, barlich, malt, benes, all manere of salt-fyssh, wyn, ale, wax, spicere, and all manere vitaille and stuff þat longith to houshold, with cariage; under colour of the which takyng, and namely of more þan is necessarie to his hous, and in diversez wises by diversez menes not resonable, take exaccions of his people, be colour of þoffice and taking aforesaid, notwithstondyng full noble ordinances penales, that have ben mad therof in his full noble progenitours tyme, to their importable hurt; for the which causes, our soveraine lord þe king aforesaid, havyng compassion of his peoples compleynt, have sought þe meenes howe his said houshold and the dispensez þerof, might be contened and assethed, and his people noght so greved; in so moch þat for be cause þat he havyng consideracion, to þe manyfold grete charges þat he hath for þe defence outward, and for the pollitique reule of this his lond within, forth it couth not be seen howe his revenus above this charges wold streche, to þe pleyn contentyng of the dispenses of his said houshold; for the which he desired my lord þe cardinall, and the Lord Hungerford, nowe beyng present in this parlement, feoffes with the archebisshop of Caunterbury, of a part of the duchie of Lancastr', in certeins castells, hoenours, maners, lordships, lands, tenements, rentz, reversions and servicez, fraunchisez, libertees, vewes of francplegg', hundred', leetes, fees, advowsons, proffitz, commodites, and other enheritaunces and possessions, by the feffement of the most Cristen prince, of the most victorious and blessid memorie, fader to our said soverain lord, þat þei wold assent, þat þe said revenus of ther feffementz, myght be emploied for paiment apart for the dispenses of his said houshold; to the which my said lord the cardinall, and the Lord Hungerford, answered unto the kynges highnesse, that it was not unknowen to hym, howe þat [col. b] they were entitled as strongly and as treuly as the lawe couth make hem, and howe that the most noble king, fader to our soveraine lord, praied hem, usyng of his grace thes termes, to perfourme and fulfille his wille, the which he be writing declared unto them, of the revenues of the said feoffement; and ther upon thei as trewe feoffes, have fullfilled a gret part, and wold doo of his will, and all shuld or this tyme have doon, ne hadde leen þe gret loones and presttes, þe which þei have afore this tyme made unto our said soverain lord, the which, as it apperith of record, is owyng unto hem at this day of many thousands: declaryng forthermore unto our said soveraine lorde, that if his said wille were fully perfourmed, þei wold with all þeir hertes make hym astate of all the said castells, honnures, maners, lordshipps, landes, tenementz, rentz, reversions, servicez, and all oþer enheritaunces and possessions aforesaid, þat þey were enfeffed ynne, and so þey wold have doon or this, hadde not þe said chevisaunce bee. Nevertheles, notwithstonding that all is not perfourmed of the said wille, yet þe said feffes under certain condicions þe which þat folowen, have graunted unto þe king, þat after þe dette þat is owyng unto the said cardinall, and to the said archebisshop of Caunterbury paied, for the which assignement was made by < þe > feffes upon þe said lordshipp, maners, and other enheritaunces comprised in the said feoffement, to certain personez by the kings commaundement, to þe use of the said cardinall and archiebisshop, reservyng first to the said feoffes .mm.li. yerely, unto the tyme þei have fulli perfourmed þe said kings will, þere feffour; and after the said .ij. m .li. reserved, and þe fees, annuitees, wages and reparacions, yerely paied, and oyer assignementz afore this tyme made upon þe said maners, lordships, landes and tenementz, paied; that all þe surpluse of the said revenue, such as shall be found deue upon þe accompts fro tyme to tyme, of þe receyvour generall for the tyme beyng of þe said feffes, of þe maners, lands, tenementz, and other enheritaunce aforsaid, afore the auditours of þe seid feoffes for the tyme beyng, shall be delyvered by warant of þe said feoffes, to þe tresorer of þe kyngs houshold for the tyme beyng, for þexpensez of þe same household, by indentures þerof to be made betwen hem þat such warant shall have for to paie and delivere þe said surpluse, and þe said tresorer; of þe which surpluse so receyved, þe said tresorer shall accompt in the kings eschequer, and þat thei þat shalle have such warantz, have due allouaunce upon her accomptz, to be made to þe said feffes by þe said indentures: and yef þei make paiment in oþer wise, þat þan þei be disalowed þerof in þeir accomptz. And þat þe said feoffes, nor þe said receyvour generall, nor noon þat shall have warant of such paymentz of þe said feffes, of any of hem, shall not be compelled to accompt for the said revenus, in noon oþer place þan afore the auditour or auditours of the said feffes; and yef the saide surplus be not emploied to þe kings houshold as it is aforesaid, þat then it be leefull to þe said feffes, to restreyne þe said warantz and paymentz. The condicions aforesaid ben thees. Oon, þat it like þe king of his grace to declare by hys lettres patentez, þat þe said feffes mow, with þeir worshipp which þei tendre most of any ertly thing, do as is abovesaid, and for the causes above declared, drawe so moch þe lengar þe fulfyllyng of þe kings þeir feffours will and entent; and þat every of þe said feffes may have severall patentz þerof, for þe conservacion of þeir worshipp. The secound condicion is, how be it þat the said feffes owght not by rigour of lawe, to declare hem self of þexpendyng and demenyng of þe proffitz and revenus of þe said castells, honnurs and maners, oþere enheritauncez and possessions aforesaid, comprised in þe said feoffement; yit of ther own free will þei [p. te-v-9][col. a] have shewed, þat þere was never noon of hem, þat ever hadde any of þe said revenus to þeir owne behoofe; but treuly, as they wolle answer afore God, hath dispended it accordyng to þentent of þe kyng, þeir feffour; that by consideracion þerof, þe said feoffes, her heirs, executours and terretenauntz, ne noon of hem, be empeched, vexed nor endamaged, by þe king, his heirs and successours, for takyng or receyvyng of any issues, revenuez, commoditez, or any proffitz, be hem, or any of hem, or by any other in þeir name, of þe said castell, honnurs, maners, enheritauncez, and oþer possessions comyng, taken or receyved, bot therof they be quitt and discharged; and þat þe said condicions, and alle þe premissez, myght be graunted and enacted by auctorite of this present parlement: it alwey provided, that noon of the londes, tenementz and possessions, þat þe seide feffes have made estat or relesse of, by þe ordinaunce, will or commaundement of þe king that deed is, or the kyng that nowe is, nor any revenus þat have or shall be received of þe same, be comprised under þe force or bonde of this act, as toward any restitucion to be made of hem by þe seide feffez, to þe kyng, his heirs or successours; or to any other entent myght be to the charge or bonde of theim, þeir heirs, executours or terretenauntz. Whereas the king our sovereign lord is informed of the great murmur and clamour that is in his realm here in England, because the purveyors of his household take daily for him from his people of this land their oxen, sheep, poultry, wheat, oats, barley, malt, beans, all manner of salt-fish, wine, ale, wax, spices and all manner of victuals and stuff appertaining to the household, along with carriage, under the excuse of which purveying, and namely in the taking of more than is necessary to his house, and in various ways by various unreasonable means, they take exactions of his people, by reason of the aforesaid office and purveying, notwithstanding most notable penal ordinances which have been made thereof in his most noble progenitor's time, to their unbearable damage; for which reasons our aforesaid sovereign lord the king, having compassion for his people's complaint, has sought the means whereby his said household and the expenses thereof might be contained and discharged, so that his people might not be so grieved; in so much that because he has consideration for the manifold great charges which he has for the external defence and for the politic rule of this his land within, it could not be envisaged how his revenues might stretch beyond these charges to the full satisfaction of the expenses of his said household; whereupon he desired my lord the cardinal and the Lord Hungerford, now being present at this parliament, feoffees with the archbishop of Canterbury of a part of the duchy of Lancaster in certain castles, honours, manors, lordships, lands, tenements, rents, reversions and services, franchises, liberties, views of frankpledge, hundreds, leets, fees, advowsons, profits, commodities and other inheritances and possessions, by the enfeoffment of that most Christian prince of the most victorious and blessed memory, father to our said sovereign lord, that they would agree that the said revenues of their enfeoffments might be employed for paying part of the expenses of his said household; to which my said lord the cardinal and the Lord Hungerford answered the king's highness that they knew clearly that [col. b] they were empowered as strongly and as truly as the law could make them, and how the most noble king, father to our sovereign lord, requested that they, having by his grace such terms, should perform and fulfil his will, which he declared to them in writing, from the revenues of the said enfeoffment; and thereupon they, as true feoffees, have fulfilled a great part, and would have done all that should have been done of his will before this time, had they not given great loans and prests which they had previously made to our said sovereign lord, of which, as it appears of record, many thousands are owing to them at this day; declaring furthermore to our said sovereign lord that if his said will were fully performed, they would with all their hearts give him possession of all the said castles, honours, manors, lordships, lands, tenements, rents, reversions, services and all other aforesaid inheritances and possessions in which they were enfeoffed, and would have done so before this if the said provision had not existed. Nevertheless, notwithstanding the fact that everything in the said will has not been performed, yet the said feoffees, under certain conditions which follow, have granted to the king that, after the debt which is owing to the said cardinal and the said archbishop of Canterbury is paid, which assignment was made by the feoffees on the said lordship, manors and other inheritances contained in the said enfeoffment to certain persons at the king's command to the use of the said cardinal and archbishop, reserving first to the said feoffees £2,000 yearly until the time that they have fully performed the will of the said king, their feoffor, and after the said reserved £2,000 and the fees, annuities, wages and repairs paid yearly and other assignments made before this time upon the said manors, lordships, lands and tenements are paid, that all the surplus of the said revenue, such as shall be found due from time to time upon the accounts of the receiver-general at the time of the said feoffees from the manors, lands, tenements and other aforesaid inheritances, according to the auditors at the time of the said feoffees shall be delivered by warrant of the said feoffees to the king's treasurer at the time for the expenses of the same household, by indentures thereof to be made between those who shall have such warrant for paying and delivering the said surplus and the said treasurer; which surplus so received, the said treasurer shall account in the king's exchequer. And that those who shall have such warrants shall have due allowance upon their accounts to be made to the said feoffees by the said indentures; and if they make payment in other ways, that then they shall be disallowed thereof in their accounts. And that neither the said feoffees, nor the said receiver-general, nor anyone who shall have warrant of such payments of the said feoffees, nor any of them, shall be compelled to account for the said revenues in any place, other than before the auditor or auditors of the said feoffees. And if the said surplus is not employed for the king's household as is aforesaid, that then it is lawful for the said feoffees to restrain the said warrants and payments. The conditions aforesaid are these: first, that it pleases the king of his grace to declare by his letters patent that the said feoffees, with their worships which they value most of any earthly thing, must do as is aforesaid, and for the reasons declared above must draw out the fulfilling of the will and intent of the king, their feoffor, and that each of the said feoffees may have several patents thereof for the conservation of their worships; the second condition is that although the said feoffees are not obliged by rigour of law to make declaration of the spending and discharging of the profits and revenues of the said castles, honours and manors and other aforesaid inheritances and possessions contained in the said enfeoffment, yet of their own free will they [p. tr-v-9][col. a] have shown that none of them ever had any of the said revenues to their own benefit, but truly, as they will answer before God, they have used it according to the intent of the king, their feoffor; that in consideration thereof neither the said feoffees, their heirs, executors and land-tenants, nor any of them, shall be impeached, vexed or damaged by the king, his heirs and successors for the taking or receiving by them or any of them or by any other in their name of any issues, revenues, commodities or any profits coming, taken or received from the said castles, honours, manors, inheritances and other possessions, but that they shall be quit and discharged thereof; and that the said conditions and all the foregoing might be granted and enacted by the authority of this present parliament. Provided always that none of the lands, tenements and possessions of which the said feoffees have given possession or made release by the ordinance, will or commandment of the former or present king, nor any revenues that have been or shall be received from the same shall be contained under the force or bond of this act, as toward any restitution to be made of them by the said feoffees to the king, his heirs or successors, or to any other intent which might be to the charge or bond of them, their heirs, executors or land-tenants.
Cui quidem cedule, sive bille, ac materie in ea contente, iidem communes assensum suum prebuerunt sub hiis verbis: To which schedule or bill and the material contained within it, the same commons gave their assent in these words:
A cest bille les communes sount assentuz. (fn. v-3-120-1) The commons have agreed to this bill. (fn. v-3-120-1)
Quibus quidem cedula, sive billa, et assensu, coram ipso domino rege in parliamento predicto, ac dominis spiritualibus et temporalibus in eodem existentibus, lectis et plenius intellectis; idem dominus rex, habita inde cum eisdem dominis matura et diligente deliberacione, de avisamento et assensu eorumdem dominorum et communitatis, auctoritate parliamenti predicti, concessit omnia et singula in billa, sive cedula, et assensu predictis specificata et contenta, et voluit et concessit, quod ea in parliamento predicto inactitentur de Recordo. Which schedule or bill and assent having been read and fully understood in the presence of the lord king himself in the aforesaid parliament and of the lords spiritual and temporal present at the same, the same lord king, having had mature and diligent deliberation with the same lords, with the advice and assent of the same lords and commons, by the authority of the aforesaid parliament, has granted all and singular specified and contained in the aforesaid bill or schedule and assent, and has wished and granted that it be entered in the record for the aforesaid parliament.
< Plymmouthe. > Plymouth.
20. The kyng will and ordeyneth, by thadvys and assent of the lordes spirituell and temporell, and the communes of this his noble roialme, in this present parlement assembleed, that as touchyng the corporacion of the toune of Plymmouth, especified in a peticion putte up to the kyng in this parlement, by the communes of this londe, and the residue of the matier contenyd in the same peticion; the lordes of the kinges consaill, callyng to hem the kynges two chief juges of bothe his Benches, have power by auctorite of this parlement, to sette such provision therein, as shall seme to hem necessarie and behovefull in this partie. (fn. v-3-127-1) 20. The king wills and ordains, with the advice and assent of the lords spiritual and temporal and the commons of this his noble realm assembled at this present parliament, that with regard to the corporation of the town of Plymouth, mentioned in a petition put before the king in this parliament by the commons of this land, and the residue of the matter contained in the same petition, the lords of the king's council, calling to them the king's two chief judges of both his benches, shall have power by the authority of this parliament to set such provision therein as shall seem necessary and expedient to them in this matter. (fn. v-3-127-1)
[memb. 12]
< Pro decano et capitulo ecclesie cathedralis Sancti Pauli London'. > On behalf of the dean and chapter of St Paul's cathedral in London.
21. Item, quedam supplicatio exhibita fuit eidem domino regi, in presenti parliamento, per decanum et capitulum ecclesie cathedralis Sancti Pauli civitatis London', in hec verba: 21. Item, a certain petition was presented to the same lord king at the present parliament by the dean and chapter of St Paul's cathedral in the city of London, in these words:
Regi domino nostro suppremo, supplicant humilime vestri devotissimi capellani et oratores, decanus et capitulum ecclesie cathedralis Sancti Pauli civitatis vestre London': quod cum Johannes Pulteney miles, dudum major ejusdem civitatis, per Testamentum suum lectum et irrotulatum in hustengo London', tento die lune proximo ante festum Sancti Luce Evangeliste, anno regni domini Edwardi tertii nuper regis Anglie progenitoris vestri vicesimo tertio; inter alia legasset .ix. libras .iij. s. et quatuor denarios sterlingorum, pro obitu suo in eadem ecclesia annuatim tenendo. Et preterea voluisset [col. b] et ordinasset; quod extunc in ecclesia predicta, tres essent cantarie, de tribus sacerdotibus perpetuis, qui divina cotidie inibi pro anima sua celebrarent. Et quod unus ipsorum capellanorum, ad unam de dictis cantariis per magistrum collegii capelle Corporis Cristi juxta ecclesiam Sancti Laurentii London', ubi corpus prefati Johannis tumulatur, et alins per majorem civitatis predicte, decano et capitulo ecclesie cathedralis predicte, sub certis modis et formis presentaretur. Tertius autem capellanus per collacionem ipsorum decani et capituli intitularetur et preficeretur in tertia cantaria predicta. Et quod cuilibet eorumdem trium sacerdotum, septem marcas sterlingorum, ad quatuor anni terminos usuales, in civitate predicta per magistrum collegii capelle predicte, seu alium ejus nomine, in dicta capella singulis annis solverentur. Pro quibus quidem pecuniarum summis, et aliis in testamento predicto specificatis, bene et fideliter solvendis, idem Johannes per dictum testamentum suum, omnia tenementa sua et redditus quoscumque habuit in civitate predicta, et in suburbis ejusdem, exceptis tenementis et redditibus in testamento predicto limitatis, legavit magistro et capellanis collegii predicti, et successoribus suis imperpetuum. Volens insuper et ordinans per idem testamentum suum, quod < si > contigerit aliquam summarum predictarum, suo termino assignato non solvi, quod duplum summe predicte sic non solute, prefatus magister nomine pene solvere teneretur; et quod dupli illius, una medietas fabrice ecclesie Sancti Pauli predicte, et alia medietas camere guyhalde civitatis predicte applicaretur, prout in eodem testamento latius expressatur. Et licet obitus et cantaria cantariarum predictarum, a tempore mortis prefati Johannis hucusque continuati fuissent; quidam tamen nunc magister collegii capelle predicte, et tenens tenementorum predictorum, pro eo quod in testamento predicto quis vel qui pro supradictis summis solvendis, si remansissent non solute, cum necesse foret distringere possent aut deberent, mencio non est facta, summas capellanis cantariarum predictarum, per duos annos proximos decursos debitas, solvere non curavit nec curat in presenti, contra piam intencionem predicti testatoris, ad divini cultus diminucionem manifestam, ac verisimilem desolacionem et destruccionem cantariarum predictarum in futurum, nisi citius manus vestras regias ad hoc extenderitis adjutrices in hac parte. To our supreme lord king, your most devoted chaplains and petitioners, the dean and chapter of St Paul's cathedral in your city of London, humbly request: whereas John Pulteney, knight, formerly mayor of the same city, by his testament read and enrolled in the husting court in London held on the Monday before the feast of St Luke the Evangelist in the twenty-third year of the reign of lord Edward the third [12 October 1349], then king of England, your progenitor, bequeathed, among other things, £9 3 s . 4 d . for his obit to be held annually in the same church; and moreover he willed [col. b] and ordained that thereafter in the aforesaid church there would be three chantries for three perpetual priests who would celebrate divine service daily there for his soul; and that one of those chaplains for one of the said chantries should be presented to the dean and chapter of the aforesaid cathedral church in certain manner and form by the master of the college chapel of Corpus Christi near the church of St Lawrence in London, where the body of the aforesaid John was buried, and another by the mayor of the aforesaid city; the third chaplain, however, was to be assigned and appointed to the third aforesaid chantry by the collation of the dean and chapter themselves; and that 7 marks of silver are to be paid to each of the same three priests in the said chapel each year at the four usual terms of the year in the aforesaid city by the master of the aforesaid college chapel or another in his name. In order that these sums of money, and others specified in the aforesaid testament, be well and faithfully paid, the same John in his said testament bequeathed to the master and chaplains of the aforesaid college, and their successors forever, all his tenements and rents which he had in the aforesaid city and its suburbs, except for tenements and rents specified in the aforesaid testament. Wishing moreover and ordaining in his same testament that if it happened that any of the aforesaid sums were not paid at the assigned term, that the aforesaid master would be held to pay double the aforesaid unpaid sum as penalty; and that of that double, one half should be applied the fabric of the aforesaid church of St Paul and the other half to the chamber of the guildhall of the aforesaid city, as is more fully expressed in the same testament. And although the obit and chantry of the aforesaid chantries has continued from the time of the death of the aforesaid John to the present day, now however a certain master of the aforesaid college chapel and holder of the aforesaid tenements, because no mention is made in the aforesaid testament about paying the aforesaid sums if they should remain unpaid, anyone, when it becomes necessary, can or ought to distrain the sums owed for two years next past for the chaplains of the aforesaid chantry, which he did not and does not at present care to pay, contrary to the pious intention of the aforesaid testator, to the manifest diminution of divine practice and the probable desolation and destruction of the aforesaid chantries in the future, unless you swiftly extend your royal hands to provide aid in this matter.
Placeat excelse magestati vestre, in augmentacionem divini cultus, et complementum ultime voluntatis antedicte, de avisamento et assensu dominorum spiritualium et temporalium, ac communitatis regni vestri Anglie, in presenti parliamento vestro existentis, concedere, et auctoritate ejusdem parliamenti ordinare, quod predictus redditus .ix.li. .iij. s. et quatuor denariorum, pro obitu predicto, necnon septem marcatas redditus, cuilibet trium capellanorum cantariarum predictorum deservientium et deserviturorum, ad dies et terminos in predicto testamento limitatos, per dictum nunc magistrum, et successores suos, vel alium eorum nomine, annuatim solvantur in forma supradicta. Et quod tociens quociens redditus predictus vel eorum aliquis a retro fuerint non solutus, quod extunc decanus ecclesie Sancti Pauli predicte, et major civitatis London', qui nunc sunt, et successores sui, possent et alter eorum posset, per se vel deputatos suos, in omnia predicta terra et tenementa que fuerunt predicti Johannis Pulteney, exceptis preexceptis, licite intrare et ibidem distringere, tam pro summis et redditu predictis, et qualibet inde parcella, quam pro pena predicta levando, et districciones proinde capte licite abducere, asportare et retinere, donec de arreragis summarum predictarum et cujuslibet inde parcelle, hiis quibus congruit plenarie fuerit satisfactum et persolutum, juxta formam legati predicti. May it please your high majesty, in the increase of divine worship and in fulfilment of the aforesaid last will, with the advice and assent of the lords spiritual and temporal and the commons of your realm of England being at your present parliament, to grant and, with the authority of the same parliament, to ordain that the aforesaid rent of £9 3 s . 4 d . for the aforesaid obit, as well as the payment of 7 marks to each of the three aforesaid chantry chaplains serving God now and in the future at the days and terms limited in the aforesaid testament by the said present master and his successors or another in his name, shall be paid annually in the aforesaid terms. And that as often as the aforesaid rent is not paid or is in arrears, that then the dean of the aforesaid church of St Paul and the present mayor of the city of London and his successors can, and any of them can, by themselves or their deputies, lawfully enter into and there distrain all the aforesaid lands and tenements which belonged to the aforesaid John Pulteney, with the exceptions already noted, not only for levying the aforesaid sums and rents and any part thereof, but also for levying the aforesaid penalties, and to remove, carry away and retain lawful distraints thence taken, until the arrears of the aforesaid sums and every part thereof have been fully satisfied and paid, according to the terms laid down above.
[p. te-v-10]
[col. a]
Qua quidem peticione in parliamento predicto lecta, audita et plenius intellecta, eidem peticioni, de avisamento et assensu dominorum spiritualium et temporalium, ac communitatis regni Anglie, in eodem parliamento existentium, respondebatur in forma subsequente: Which petition having been read, heard and fully understood in the aforesaid parliament, with the advice and assent of the lords spiritual and temporal and the commons of the realm of England present at the same parliament, answer was made to the aforesaid petition in the following terms:
Fiat prout petitur. Proviso, quod vigore presentis concessionis, nulla persona precludatur a jure et titulo sibi competentibus in aliquo tenemento in hac peticione specificatorum. (fn. v-3-144-1) Let it be as it was petitioned. Provided that by the force of the present grant no person is precluded from the right and title in any tenement belonging to him specified in this petition. (fn. v-3-144-1)
< Pro episcopo Lincoln'. > On behalf of the bishop of Lincoln.
22. Item, quedam alia peticio exhibita fuit eidem domino regi, in parliamento predicto, per prefatos communes, pro episcopo Lincoln', in hec verba: 22. Item, another petition was presented to the same lord king in the aforesaid parliament by the aforesaid commons on behalf of the bishop of Lincoln, in these words:
Please a tresagez communez en ycest parlement assemblez, al honour de Dieu et de seint esglise, charitablement considerer; qe come sur diversez dissensions et contraversies, parentre le dean de l'esglise cathedrall de Nicholl, d'un parte, et le chapitre de mesme l'esglise et lez persones singulerz d'icelle, d'altre parte, ewes et movez, ils soy submisterunt d'estoier et obeire a lez arbitriment, agard, decre, ordinance, declaracion et jugement, de le reverent pier en Dieu, Willyam ore evesqe de Nicholl, qe jatarde par sa diligent trete long continuez, ad ent fait sez arbitrement, agard, decre, ordenaunce, declaracion et jugement, par queux entre autres il ad ordeignez et decrees; qe a chescun foitz qe le dean ou le chapitre de dit esglise, ou ascun singulere persone de mesme la chapitre, face a contraire de certeins articles des ditz arbitrement, agard, decre, ordinaunce, declaracion et jugement, paire, et soit tenuz a paier, al reparacion de dit esglise .xx.li., si come en certeinz escriptz subz le seal le dit evesqe appiert pluis a pleine; lequel arbitrement, agard, decre, ordinaunce, declaracion et jugement, les ditz dean et chapitre, et tout lez personez singulerz de mesme le chapitre, en escriptz sibien singulerment, come en commone, ount acceptez, approvez et ratifiez; et outre ceo, ount jurez sur lez saintez evaungelies de Dieu, le liver ent par eux touchez, q'ils lez arbitrement, agard, decre, ordinaunce, declaracion et jugement, et toutz lez chosez en ycell conteignez, observent et perimplent, et a nully persone ycell' contrarier voilant, assistance, eide ne favour donerrount. Et sur ceo, pur conforter lez ditz arbitrement, agard, decre, ordinaunce, declaracion et jugement, peas et quiete parentre lez ditz partiez nurer et continuer; de prier nostre seignur le roy, par assent et advisez dez tresreverentz seignours a ycest parlement assemblez, d'ordeigner par auctorite de mesme le parlement; qe l'evesqe de Nicholl pur le temps esteant, eit recoverer et accion par brief de dette, de lez ditz .xx.li., devers chescun des personez suisditz, qe ycell .xx.li. dust en la dit fourme pair, lour successours et executours, a chescun foitz qe mesmez lez .xx.li. par l'effect et fourme dez ditz arbitrement, agard, decre, ordinaunce, declaracion et jugement, duissent estre paiez; a l'entent et purpos, qe mesme l'evesqe pur le temps esteant, mesmez lez .xx.li. a chescun foitz q'ils soient par luy recovere, et en execucion ewes, bien et loialment emploient et expendent, sur la reparacion de l'esglise suisdite. May it please the most wise commons assembled in this parliament, for the honour of God and for holy church, charitably to consider that whereas, in various dissensions and controversies occurring and moved between the dean of Lincoln cathedral on the one part and the chapter of the same church and its individual members on the other part, they have submitted to observe and obey the arbitration, award, decree, ordinance, declaration and judgement of the reverend father in God, William, the present bishop of Lincoln, who finally by his diligent and long continuing negotiations has thus made his arbitration, award, decree, ordinance, declaration and judgement, by which, among other things, he ordained and decreed that each time that the dean or chapter of the said church, or any individual member of the same chapter, acts contrary to certain articles of the said arbitration, award, decree, ordinance, declaration and judgement, he should pay and be held to pay £20 towards the repair of the said church, as more fully appears in certain deeds under the said bishop's seal; which arbitration, award, decree, ordinance, declaration and judgement the said dean and chapter, and all individual members of the same chapter, have accepted, approved and ratified both individually and jointly; and furthermore, they have sworn on God's holy gospels, with their hands touching the Book, that they will observe and implement the arbitration, award, decree, ordinance, declaration and judgement and all the things contained in the same, and they will give no assistance, aid or favour to any person wishing to oppose the same. And therefore, so that the comfort, peace and quiet of the said arbitration, award, decree, ordinance, declaration and judgement endures and continues between the said parties, may it please you to request that our lord the king, with the assent and advice of the most reverend lords assembled at this parliament, by the authority of the same parliament, ordain that the bishop of Lincoln at the time have recovery and action of the said £20 by writ of debt against each of the aforesaid persons, their successors and executors, so that they must pay this £20 in the said terms each time the same £20 is due to be paid according to the effect and terms of the said arbitration, award, decree, ordinance, declaration and judgement; to the intent and purpose that the bishop at the time shall well and lawfully use and expend the same £20 each time it shall be recovered by him, and had in execution, on the repair of the aforesaid church.
Qua quidem peticione, in parliamento predicto lecta, audita et plenius intellecta, eidem peticioni, de avisamento et assensu predictis, taliter fuit responsum: Which petition having been read, heard and fully understood in the aforesaid parliament, with the aforesaid advice and assent, it was answered thus:
Le roy le voet. (fn. v-3-158-1) The king wills it. (fn. v-3-158-1)
< Pro priore de Nostell in comitatu Ebor'. > On behalf of the prior of Nostell in the county of York.
23. Item, quedam alia peticio exhibita fuit eidem domino regi, in parliamento predicto, per priorem et conventum prioratus Sancti Oswaldi de Nostell in comitatu Ebor', in hec verba: 23. Item, another petition was presented to the same lord king in the aforesaid parliament by the prior and convent of the priory of St Oswald of Nostell in the county of York, in these words:
[col. b]
To the kyng oure soverain lord, moost humbly and benygnely shewed youre contenuell oratours, the priour and the covent of the priorie of Saint Oswald of Nostell in the countee of Yorke, the whiche is of your patronage of your duchie of Lancastre: that hit liked your highnesse noght longe agoo, for diverse greet and notable lossys and charges, the whiche the seid priour and covent have late susteyned and born, of your especiall grace to graunte by your lettres patentes, under the seell of your seid duchie, beryng date the last day of Januar, the .xvi. yeere of your regne, to the seid priour and covent and their successours for evermore, the avoweson and patronage of the hospitall of Saint Nicholas in Pountfreit, with all thair appurtenauntz, wherof William Bothe clerk thenne was maister and keper; and after the cesse or decesse of the seid William Bothe, to appropir to thaym and thair successours, and to holde in thair use use [sic] for evermore the seid hospitall, with alle the londes, tenementz, fees, avowesons, reversions, profites and commoditees, appurtenaunt or belonging to the same hospitall; they to susteyne, supporte and bere, fro the tyme of the seid appropriacion, alle manere of charges in eny wise belongyng to the seid hospitall, by the fundacion or ordenaunce of the same; in recompense of the whiche, the seid priour and covent at their costes, have provided and ordeyned londis and tenementz, revencions and possessions, of the yeerly value of .xx. ti marcs, withyn the honour of Pountfreit aforeseid, and therof have do made astate to you and to youre heires dukes of Lancastre for evermore, with clause of warantie, of the whiche landes and tenementz, revencions and possessions, ye be possessed and < seised > : the whiche your seid giftes and grauntes, it hath liked you of your more habundaunt grace, by your lettres patentes under your greet seel, beryng date the .xiij. day of Juyll, the yere of your regne .xvi., to ratifie, conferme and appreve for evermore; as in your severall lettres patentes aforeseid it is expressed and conteyned. Alle whiche thinges graciousely considered, the said priour and covent humbly now bisechen your forseid highnesse, that it liked you for the perpetuell suyrte and stablysshyng, als weell of the seid londes, tenementz, reversions and possessions, gyven in recompense to you and to your heires Dukes of Lancastr', als for the perpetuell suyrte and stablissing to your seid Bisechers and thair successours, of all that that is grauntid, ratified and confermed to thaym, by bothe your said letters patentz, of your more habundant grace; als well to graunte and ordeyne by auctoritee of this your present parlement, that the seid londes, tenementz, revencions and possessions, to you in the fourme aboveseid recompensed, may remayne parcell of your said duchie, as of the honour of Pountfreit aforeseid; and be applied, unyed and annexed to the same honour, with all the libertees, fraunchises, privileges and custumes of your said duchie, to you and your heires dukes of Lancastr' for evermore; as to graunte, ratifie and conferme, to your seid bisechers and to thair successours, by þassent and auctorite of this your said parlement, alle your said giftes, grauntes and confirmacions to thaym made, and all thyngs conteyned in your seid lettres patentes, after the fourme and effect of the same lettres patentes. And they shall pray to God for you perpetuelly, and for all your noble progenitours. To the king our sovereign lord, your continual petitioners the prior and the convent of the priory of St Oswald of Nostell in Yorkshire, which is of your patronage of your duchy of Lancaster, most humbly and meekly show: that it pleased your highness not long ago, because of various great and notable losses and charges which the said prior and convent lately sustained and borne to grant, of your special grace by your letters patent under the seal of your said duchy bearing the date of 31 January in the sixteenth year of your reign [1438], to the said prior and convent and their successors forever, the advowson and patronage of the hospital of St Nicholas in Pontefract with all its appurtenances, of which William Booth, clerk, was then master and keeper; and after the resignation or decease of the said William Booth, to appropriate the said hospital to themselves and their successors, and to hold it to their use forever with all the lands, tenements, fees, advowsons, reversions, profits and commodities pertaining or belonging to the same hospital; and that they should sustain, support and bear, from the time of the said appropriation, all manner of charges which in any way belong to the said hospital, by the foundation or ordinance of the same; in recompense of which the said prior and convent at their own expense have provided and ordained lands and tenements, reversions and possessions of the yearly value of 20 marks within the aforesaid honour of Pontefract, and given possession of the same to you and to your heirs, the dukes of Lancaster, forever, with clause of warranty, of which lands and tenements, reversions and possessions you are possessed and seised; which said gifts and grants it has pleased you by your more abundant grace, by your letters patent under your great seal bearing the date of 31 July in the sixteenth year of your reign [1438], to ratify, confirm and approve forever, as is expressed and contained in your aforesaid various letters patent. All which things graciously considered, the said prior and convent now humbly beseech your aforesaid highness that it may please you, for the perpetual surety and establishing not only of the said lands, tenements, reversions and possessions given in recompense to you and to your heirs, the dukes of Lancaster, but also for the perpetual surety and establishing for your said beseechers and their successors of all that is granted, ratified and confirmed to them, by both your said letters patent of your more abundant grace, to grant and ordain, by the authority of this your present parliament, that the said lands, tenements, reversions and possessions recompensed to you in the aforesaid form, may remain part of your said duchy as of the aforesaid honour of Pontefract, and be applied, united and annexed to the same honour with all the liberties, franchises, privileges and customs of your said duchy to you and your heirs, the dukes of Lancaster, forever; and also to grant, ratify and confirm to your said beseechers and to their successors, by the assent and authority of this your said parliament, all your said gifts, grants and confirmations made to them and all things contained in your said letters patent according to the form and effect of the same letters patent. And they shall pray to God for you perpetually, and for all your noble progenitors.
Qua quidem peticione, in parliamento predicto lecta, audita et plenius intellecta, eidem peticioni, de avisamento et assensu predictis, taliter fuit responsum: Which petition having been read, heard and fully understood in the aforesaid parliament, with the aforesaid advice and assent, was answered thus:
Le roy le voet. Savaunt tout temps a chescun autre Persone, son droit et title, quaunt al hospitall de Seint Nicholas, ovesqe ses appurtenaunces, especifiez en ceste [p. te-v-11][col. a] peticion; forsqe au roi, ses heirs et successours: savaunt auxi tout temps a chescun autre persone, son droit et title, quant a les terres, tenementz, revenues et possessions, ovesqe lour appurtenaunces, donez au roi, et especifiez en mesme la peticion; forsqe les priour et covent nommez en icell peticion et lour successours. (fn. v-3-172-1) The king wills it, saving always to each other person his right and title with regard to the hospital of St Nicholas with its appurtenances specified in this [p. tr-v-11][col. a] petition, with the exception of the king, his heirs and successors. Also saving always to each other person his right and title with regard to the lands, tenements, revenues and possessions with their appurtenances given to the king and specified in the same petition, with the exception of the prior and convent named in the this petition and their successors. (fn. v-3-172-1)
< Pro Lodowico administratore ecclesie Elien'. > On behalf of Louis, administrator of the church of Ely.
24. Item, quedam alia peticio exhibita fuit eidem domino regi, in parliamento predicto, per prefatos communes, pro Lodowico administratore perpetuo in spiritualibus et temporalibus ecclesie Elien', in hec verba: 24. Item, another petition was presented to the same lord king in the aforesaid parliament by the aforesaid commons on behalf of Louis, perpetual administrator of the spiritualities and temporalities of the church of Ely, in these words:
A les tressages communes de cest parlement, supplie treshumblement Lowes, administratour perpetuell in spiritualtees et temporalties de l'esglise de Ely: que l'ou nostre seint pier le pape, vacant la dit l'esglise de Ely, par la morte de honorable pier Philip, darrein evesqe de dit lieu, mesme l'esglise de Ely all dit Lowes, par noun de Lewes l'erchevesqe de Roan, a tenir pur sa vie ensemblement ovesqe le dit esglise de Roan comenda, et l'administracion en spiritualtees et temporaltees de dit esglise de Ely perpetuelment a luy graunta; si come par les lettres bulles de dit nostre seint pier, a roy nostre soveraign seignur directz, pleinement apiert. Et sur ceo, maistur William Erard, le generall procuratour de dit suppliaunt, en le noun de dit administratour, et pur luy, toutz les parols compris deins les ditz les lettres bulles, a nostre dit seignur le roy et a sa corone prejudiciall, devaunt luy in sa chauncerie appiertement renunsa, et soy humblement a la grace nostre dit seignour le roy submist; si come par un instrument ent fait devaunt mesme nostre seignur le roy, en sa dit chauncerie remanent, pluis plein appiert. Et sur ceo, nostre seignur le roy de sa benigne grace, prist la fealte de dit administratour a lieu dieu, pur les temporaltees de dit esglise de Ely, adonsqe en ses mains par cause de dit voidaunce esteauntz; et graunta les ditz temporaltees al dist administratour d'estre deliveres; et par force de les lettres nostre dit seignour le roy, a ses ministres directz, les ditz temporalties de dit esglise de Ely, all dit suppliaunt furint liveres et restores. Et coment que par ley de seint esglise, le dit administratour ad, et droit avoir par noun administour, toutz chosez spirituell et temporell, le droit de dit esglise de Ely, auxi enterment et pleinement, come s'il ust ewe le dit esglise de Ely de nostre dit seint pier, par noun de evesqe de dit esglise de Ely; nient mains le dit administratour, soy doute pur l'ambiguite de divers opinions des hommes appris en sa ley temporell, de le auctorite et effect de dit noun administratour; < le quel il par le > dit noun administratour poet pleder et recoverer les droitz de dit esglise de Ely, en les courtes temporall nostre seignur le roy, et avoir et enjoier les libertees et fraunchees, par les progenitours nostre dit seignour le roy, a divers abbes et evesqe de dit esglise de Ely, predecessours de dit suppliaunt grauntes, ou noun. To the most wise commons of this present parliament; Louis, perpetual administrator of the spiritualities and temporalities of the church of Ely, most humbly requests: whereas our holy father the pope, when the said church of Ely was vacant by the death of the honourable father Philip, last bishop of the said place, entrusted the said church of Ely to the said Louis, in the name of Louis, archbishop of Rouen, to his keeping for the term of his life together with the said church of Rouen, and granted the administration of spiritualities and temporalities of the said church of Ely to him forever, as it more fully appears in the papal bulls of our said holy father directed to our sovereign lord. And whereupon Master William Erard, proctor general for the said supplicant, in the name of the administrator and on his behalf, publicly renounced every word contained in the said papal bulls which was prejudicial to the said lord the king and to his crown, before him in his chancery, and humbly submitted himself to the grace of our said lord the king, as it more fully appears in an instrument made on this before our same lord the king, which remains in his said chancery. And whereupon our lord the king, by his kind grace, received the fealty of the said administrator at the due place for the temporalities of the said church of Ely then being in his hands because of the said vacancy, and granted the said temporalities to be delivered to the said administrator; and by force of the letters of our said lord the king, directed to his ministers, the said temporalities of the said church of Ely were delivered and restored to the said supplicant. And that by law of holy church, the said administrator has, and as administrator must have, all things spiritual and temporal as the right of the said church of Ely, both wholly and fully, as if he held the said church of Ely from our said holy father in the name of bishop of the said church of Ely. Nevertheless the said administrator is in doubt, on account of the ambiguity of the various opinions of men learned in temporal law, concerning the authority and effect of the said named administrator, whether he, by the said name administrator, can plead and recover the rights of the said church of Ely in the temporal courts of our lord the king, and can have and enjoy the liberties and franchises granted to various abbots and bishops of the said church of Ely, predecessors of the said supplicant, by the progenitors of our lord the king, or not.
Please a vooz sage discretions considerer lez premissez, et lez servicez queux le dit suppliaunt a nostre seignur le roy ad fait, deinz soun realme de Fraunce, et le graunte doute et peril q'il suffert pur luy, si bien en soun corps, come en toutz sez bienz terreinz, et sur ceo pur toller le dit ambiguite de dit noun administratour; de prier nostre seignour le roy de ordeigner, establier et graunter, par assent de lez seignures spirituallez et temporales de la realme d'Engliterre, en cest present parliament assembles, par autorite de mesme le parliament, que la restitution et livere, le quel le dit administratour ad des ditz temporaltees, soient auxi bones et effectuall en ley, come si le restitucion et livere de mesme lez temporaltees a luy ust este fait, par noun de evesqe de Ely, et qui il par luy, et par cez justieez, officers ou autres ministres, poet avoir, usier et enjoier, et en execucion metter, toutz les previlegies, franchees, [col. b] liberties, jurisdictions, customes et usagies du dit esglise de Ely, auxi entierment et pleinement, et en mesme le maner, come si il ust ewe le dit esglise de Ely, par noun de evesqe de mesme l'esglise de Ely, saunz empechement ou disturbaunce de nostre dit seignur le roy, sez heirs ou successours, justicez, viscountez, eschetours, ou autres ministres quecunqes. Et outre ceo, que le dit administratour, par noun de Lewes, administratour perpetuell en spiritueltees et temporaltees de dit esglise de Ely solement, poet avoir et recoverer devaunt quecunqes justicez, juggiez, ou autres ministres spirituellez et seculers, toutz chosez queux il averoit et recover devoit al ust ewe le dit esglise de Ely, par noun de evesqe de mesme l'esglise; et qi il par mesme le noun de administratour, poet empleder et estre emplede, si bien en toutz lez courtez et placez de nostre dit seignur le roy, et sez heirs et successours, come en toutz autrez courtes et places, devaunt quecunques justicez, justice, et autrez ministrez spirituellez et seculers, en toutz accions, querellez et pleez, en mesme les courtez et places ore moves et pendauntz, come en toutz accions, querellez et plees, queux en mesme les courtes et pleez serrount movez; et q'il par mesme le noun, de mesme le accions, querellez et pleez, poet respoundre et estre respoundus, saunz impediment de nostre dit seignur le roy, et sez heirs et successours, justicez, juggez, ou autres officers quecunqes. Et ceo pur Dieu, et in honour de charite: savaunt a chescune persone, son droit, title, entre et accion, envers le dit Lowys administratour, de et en lez ditz temporaltees, privileges, franchises, libertees et Jurisdictions, usages et customez, ove lez appurtenauntz, et chescun parcell de icelles, cest peticion nient obstant. May it please your wise discretions to consider the foregoing and the services which the said supplicant has made to our lord the king in his realm of France, and the great danger and peril which he suffered for this, both in his body and in all his earthly goods, and in order to remove the said ambiguity from the said named administrator, to request that our lord the king ordain, establish and grant, with the assent of the lords spiritual and temporal of the realm of England assembled at this present parliament, by the authority of the same parliament, that the restitution and delivery which the said administrator has from the said temporalities should also be good and effective in law, as if the restitution and delivery of the same temporalities had been made to him by the name of bishop of Ely, and that he, by himself and by these justices, officers or other ministers, can have, use and enjoy and put in execution all the privileges, franchises, [col. b] liberties, jurisdictions, customs and usages of the said church of Ely, wholly and fully, and in the same manner as if he held the said church of Ely, by name of the bishop of the same church of Ely, without prevention or disturbance of our lord the king, his heirs or successors, justices, sheriffs, escheators or other ministers whatsoever. And furthermore that the said administrator, by the name of Louis, perpetual administrator in the spiritualities and temporalities of the said church of Ely, can have and recover before any justices, judges or other spiritual and secular ministers whatsoever, everything which he should have and should recover as the said church of Ely used to have, by the name of bishop of the same church; and that he, by the same name of administrator, can implead and be impleaded, not only in all the courts and places of our said lord the king, and his heirs and successors, but also in all other courts and places before any justices, justice and other ministers spiritual and secular whatsoever, in all actions, quarrels and pleas now moving and pending in the same courts and places, as in all actions, quarrels and pleas which will be brought in the same courts and places; and that by the same name, concerning the same actions, quarrels and pleas, he can answer and be answered without prevention by our said lord the king, and his heirs and successors, justices, judges or any other officers whatsoever; and this for God and by way of charity. Saving to each person his right, title, entry and action against the said Louis, administrator, concerning and in the said temporalities, privileges, franchises, liberties and jurisdictions, usages and customs with the appurtenances, and each part of the same, notwithstanding this petition.
Qua quidem peticione, in parliamento predicto lecta, audita et plenius intellecta, eidem peticioni, de avisamento et assensu predictis, taliter fuit responsum: Which petition having been read, heard and fully understood in the aforesaid parliament, with the aforesaid advice and assent, was answered thus:
Le roy le voet. (fn. v-3-186-1) The king wills it. (fn. v-3-186-1)
[memb. 11]
< Pro heredibus Henrici Percy, etc. > On behalf of the heirs of Henry Percy, etc.
25. Item quedam alia peticio exhibita fuit eidem domino regi, in parliamento predicto, per prefatos communes, pro heredibus Henrici Percy, et heredibus Thome Percy, nuper comitis Wygorn', ac eciam heredibus Henrici Percy, nuper comitis Northumbr', necnon heredibus Thome, nuper domini de Bardolf, et aliis, in hec verba: 25. Item, another petition was presented to the same lord king in the aforesaid parliament by the aforesaid commons on behalf of the heirs of Henry Percy, the heirs of Thomas Percy, late earl of Worcester, the heirs of Henry Percy, late earl of Northumberland, and also the heirs of Thomas, late Lord Bardolf, and others, in these words:
Suppliount les communes en cest present parlement assemblez: que come en le parlement tenuz a Westm', l'an quint le roy Henry nadgairs roy d'Engleterre puis la conquest quart, une peticion fuist faite par les communes de mesme le parlement au dit nadgairs roy, en la fourme qu'ensuist: (fn. v-3-193-1) The commons assembled at this present parliament request: whereas in the parliament held at Westminster in the fifth year of King Henry the fourth since the conquest, formerly king of England, a petition was delivered by the commons of the same parliament to the said former king in the following terms: (fn. v-3-193-1)
Item, suppliount les communes, qe come monsir Henri Percy, monsir Thomas Percy, counte de Wircestre, et autres traitours, qe feurent al bataill de Shrouesbury, encontre nostre seignur le roy et lour ligeaunce, estoient seisez de certaines manoires, terres et tenementz, aucun de eux joint ovec autres, et auxint solement de feffement d'autres, pur la graunde affiaunce qe gentz qe eux enfefferont avoient a eux, de faire et perfournir lour volunte, et dont ils ne feurent enfeffez d'estre ent enheritez, mais de perfournir la volunte de lour feffour; et ore par la forfaiteure des ditz Henry, Thomas, et autres, les ditz terres et tenementz sont en point d'estre forfaitz, si remedie ne soit ordenne. Item, the commons request: whereas Sir Henry Percy, Sir Thomas Percy, earl of Worcester, and other traitors who were at the battle of Shrewsbury against our lord the king and their allegiance, were seised of certain manors, lands and tenements, some of them jointly with others, and others alone, of the feoffment of others, for the great trust which the people who enfeoffed them had in them to do and carry out their will, and of which they were not enfeoffed not to inherit them but to perform the wishes of the feoffor; and now by the forfeiture of the said Henry, Thomas and others, the said lands and tenements are on the point of being forfeited, if remedy is not ordained.
Que please granter, qe iceulx manoirs, terres et tenementz, ne null parcelle d'iceulx, soient forfaitz, soient feffementes faitz par fin ou autrement, sans monster fait provaunt la condition. Et s'acunes dounes ou grantes a ferme ou autrement, soient faitz par nostre seignur le roy a aucune persone, des ditz manoirs, terres et tenementz, [p. te-v-12][col. a] ou parcelles d'icelx, qe ils soient voidez et de null value pur toutz jours; mais qe lour forfaiteure soit de lour terres demesne, dount ils feurent enheritables par descent, ou par droit purchace a lour propre oeps, ou terres ou tenementz dont autres feurent enfeffez a lour oeps. May it please you to grant that none of these manors, lands and tenements, or any part of them, should be forfeited or enfeoffments made by fine or otherwise, without proof made of the condition. And if any gifts or grants at farm or otherwise should be made by our lord the king to any person of the said manors, lands and tenements, [p. tr-v-12][col. a] or part of the same, they should be void and of no value forever; but that their forfeiture be of their demesne lands given to them, to which they had right of inheritance by descent, or purchased lawfully for their own use, or lands or tenements of which others were enfeoffed to their use.
Au quel supplicacion, il fuist respondnz par le dit nadgairs roi en le dit parlement, en ceste maniere: le roy le voet. Et ait le roy la forfaiteur des ditz terres et tenementz, des ditz monsir Henry, et monsir Thomas, et de les autres traitours susditz, desqueulx ils ou aucun de eux, feurent ou fuist, par eux mesmes on severalment, enheritables ou enheritable, par descent ou par droit purchace, ou desqueulx autres feurent enfeffez, joint ovec eux ou autres soulement a lour oeps, par fin ou en autre manere queconqe. -Et auxi come en le parlement tenuz a Westm', l'an du dit nadgairs roi septisme, les communes de mesme cell parlement prieront le dit nadgairs roi par lour peticion, en le manier qu'ensuist: (fn. v-3-202-1) To which request, the said former king answered in the said parliament in this manner: the king wills it. And the king should have the forfeiture of the said lands and tenements of the said Sir Henry and Sir Thomas and of the other aforesaid traitors, to which they, or any of them, do or did have rights of inheritance, by themselves or severally, by descent or by lawful purchase, or of which others were enfeoffed jointly with them or others solely to their use, by fine or in any other manner whatsoever. And also that, at the parliament held at Westminster in the seventh year of the said former king, the commons of this same parliament requested the said former king by their petition in the manner following: (fn. v-3-202-1)
Item, priount les communes: qe null des chastelx, manoirs, terres, tenementz, fees, avoisons, ne null parcell d'icelx, desqueux Henri Percy counte de Northumbr', ou Thomas jadis sir de Bardolf, estoient seisez, ou aucun de eux estoit seisi, jointement ovec autres, ou soulement par eux mesnes, ou aucun de eux soulement par lui mesmes, del feffement des autres a autri eops, ou pur la graunde affiaunce qe gentz qe eux ensefferont avoient a eux, de fair ou perfourmere lour volentee, et dont ils ne feurent enfeffez d'estre enheritez a lour propre oeps, mais de perfourmer la volentee de lour feffoures, ou la volentee des feffoures de lour feffoures, combien que tielx feffement soient faitz par fin ou autrement, sans monstrer fait provaunt la condicion, soient ou soit aucunement seisez en voz tres graciouses mains, ne a vous forfaitz, nostre tres doute seignur le roy; et si aucunes dounes ou grantes soient faitz par nostre tresgracious seignur le roy, des ditz chastealx, manoirs, terres, tenementz, fees ou avoiesons, ou d'aucune parcell d'icelx, a ferme ou autrement, qe tielx dounes ou grauntes soient de tout voidez et de null value a toutz jours. Considerantz, qe autiel estatut feut ordenne de la forfaiteure de Henri Percy chivaler, et Thomas Percy nadgairs counte de Wircestre, l'an de vestre reigne quint. Item, the commons request: that none of the castles, manors, lands, tenements, fees, advowsons, nor any part of the same, of which Henry Percy, earl of Northumberland, or Thomas, formerly Lord Bardolf, or any of them, were seised, jointly with others or separately by themselves, or any of them separately by themselves, of the enfeoffment of others to the use of others, or because of the great trust which the people who enfeoffed them had in them to do or carry out their will, and of which they were not enfeoffed to inherit them for their own use but to carry out the will of their feoffors, or the will of the feoffors of their feoffors, even if such enfeoffment was made by fine or otherwise without proof made of the condition, shall be in any way seised into your most gracious hands, nor forfeited to you, our most dread lord the king; and if any gift or grants have been made by our most gracious lord the king, of the said castles, manors, lands, tenements, fees or advowsons or of any part of them, to farm or otherwise, that such gifts or grants be completely void and of no value forever. Considering that a similar statute was ordained concerning the forfeiture of Henry Percy, knight, and Thomas Percy, former earl of Worcester, in the fifth year of your reign.
As queulx prier et peticion feust responduz parle dit nadgairs roi, en la manier que c'ensuist: le roy le voet. Purveu toutes foitz, qe nostre dit seignur le roy ait la forfaiteure des chasteaulx, manoirs, terres, tenementz, fees et avoiesons, desqueux les ditz nadgairs counte de Northumbr', ou le dit Sir de Bardolf, ou aucun de eux, feurent ou feust, par eux mesmes ou severalment, enheritables ou enheritable, par descent ou par droit pourchace, on desqueulx autres feurent enfeffez joint ovec eux ou autres soulement a lour oeps, par fin ou en autre maniere queconqe.- Et nient obstant que ne feust unques l'entente des communes en le dit parlement tenuz a Westm', l'an quint le dit nadgairs roy, qe les ditz monsir Henri Percy, monsir Thomas Percy, ne les autres qe feurent au dit bataill de Shrouesbury, encountre le dit nadgairs roy et lour ligeance, ne aucun de eux, deussent ne deust forfaire aucunes maners terres ou tenementz, lesqueulx feurent dounez as ditz monsir Henri Percy, monsir Thomas Percy, ne a les autres qe feurent au dit bataill de Shrouesbury, ne a aucun de eux, ne a aucun ou as aucuns de lour auncestres, en fee taille; ne l'entent as communes en le dit parlement tenuz a Westm', l'an septisme le dit nadgairs roy, qe les ditz nadgairs counte de Northumbr', sire de Bardolf, ne aucun de eux, deussent ne deust forfaitere aucunes chasteaulx, manoirs, terres, tenementz, fees ou avoiesons, lesqueux feurent dounez as ditz nadgairs counte de Northumbr', ne au dit sire de Bardolf, ne a aucun de eux, ne a aucunes de lour Auncestres, en fee taille. Et aussi [col. b] nient contresteant que le dit clause, de purveu, mis en la dite Response le dit nadgairs roy, le dit an septisme, ne la matier en icell contenuz, ne feust mye comprise en la dite peticion des ditz communes, en mesme cell parlement, mais tantsoulement les parolx le dit nadgairs roy; nient meynez, pur ce qe les parolx contenuz en les dites peticions et responses del dit nadgairs roy, sont cy generalx, doutifs et obscures, aucun de voz justices nostre tressoverain seignur le roy sont en awer, le quel les ditz forfaiteures extenderoient auxi bien as terres taillez, come as terres de fee simple. To which request and petition the said former king answered in the manner which follows: the king wills it. Provided always that our said lord the king has the forfeiture of castles, manors, lands, tenements, fees and advowsons of which the said former earl of Northumberland or the said Lord Bardolf, or any of them, were, by themselves or individually to inherit by descent or by right of purchase, or of which others were enfeoffed jointly with them or others solely to their use, by fine or in any other manner whatsoever. And notwithstanding that it was never the intent of the commons at the said parliament held at Westminster in the fifth year of the said former king that the said Sir Henry Percy, Sir Thomas Percy, nor the others who were at the said battle of Shrewsbury against the said former king and their allegiance, nor any of them, should forfeit any manors, lands or tenements which were given to the said Sir Henry Percy, Sir Thomas Percy, or to the others who were at the said battle of Shrewsbury, or to any of them, or to any of their ancestors, in fee tail; nor was it the intent of the commons at the said parliament held at Westminster in the seventh year of the said former king that the said former earl of Northumberland, Lord Bardolf, nor any of them, must forfeit any castles, manors, lands, tenements, fees or advowsons which were given to the said former earl of Northumberland or to the said Lord Bardolf, or to any of them, or any of their ancestors, in fee tail. And also [col. b] notwithstanding that the said clause of provision which the said former king made in the said answer in the said seventh year or the material contained in the same, was not contained in the said petition of the said commons in this same parliament, but was only in the words of the said former king. Nevertheless, because the words contained in the said petitions and answers of the said former king are general, doubtful and obscure, some of your justices of our most sovereign lord the king are in doubt as to which said forfeitures should extend to lands of fee tail as well as to lands of fee simple.
Que please a vous nostre soverain seignur le roy, par avis et avis [sic: read 'assent'] de voz seignurs espirituelx et temporelx en cest present parlement assemblez, et par auctorite de mesme cestuy present parlement, a declarer, ordenner et establir, que les ditz forfaiteures en les ditz peticions et responses, ou en aucun de eux comprisez, ou en les estatutz, ordennances et establissementz ent faitz, ne soient entenduz ne eux extendoient, de ne as chasteaulx, manoirs, terres, tenementz, fees ne avoiesons, queux feurent dounez as ditz monsir Henry, monsir Thomas, ou a les ditz autres, queux feurent au dit bataille encountre le dit nadgairs roy et lour ligeance, ou as ditz counte de Northumbr', ou Sir de Bardolf, ou a aucun de eux, on a aucun de lour auncestres, ou a aucune auncestre de aucun de eux, en fee taille; mais que les ditz forfaiteures tantsoulement soient, et eux extendoient de et as chasteaulx, manoirs, terres, tenementz, fees et avoiesons, desqueux les ditz monsir Henri Percy, ou monsir Thomas Percy, ou les autres qe feurent au dit bataille de Shrouesbury, encontre le dit nadgairs roy et lour ligeance, ou aucun de eux, ou desqueux le dit nadgairs counte de Northumbr', ou le sir de Bardolf, ou aucun de eux, feurent ou feust par eux mesmes severalment enheritables ou enheritable en fee simple, par descent, ou par droit purchace a lour oeps, ou desqueux autres feures enfeffez joint ovec eux, ou autres soulement a lour oeps, par fin, ou en autre maniere queconqe, en fee simple. Et qe les heires des ditz monsir Henri Percy, monsir Thomas Percy, ne de les autres que feurent au dit bataille de Shrouesbury, encontre le dit nadgairs roy et lour ligeance, ne des ditz nadgairs counte de Northumbr', Thomas Sire de Bardolf, ne de aucun de eux, ne aucun heir de aucun de eux, ne soient ne soit forclosis, forbarrez, estoppez ne concludes, a demander ou chalenger touz les chastealx, manoirs, terres, tenementz, fees ou avoiesons, ou aucunes parcelles d'icelx, queux feurent dounez as ditz monsir Henri Percy, monsir Thomas Percy, ou a les autres queux feurent au dit bataille de Shrouesbury, encontre le dit nadgairs roy et lour ligeance, ou as ditz nadgairs counte de Northumbr', ou au sire de Bardolf, ou a auchun de eux, ou a aucun de lour auncestres, ou a aucun auncestre de aucun de eux, en fee taille; les dites peticions, responses del dit nadgairs roy, estatutz ou ordennances, ou aucuns autres estatutz, ordennances, recordz ouncion, ou autre matier queconqe nient obstantz. Et que les dit heires et chescun de eux, aient et aiet, autiel et auxi graund avantage par cestes presentz declaracion, ordennance et establisement; et soient as ditz heires et a chescun de eux, auxi availlables, et de autiel effect, come s'il eust estee issint declare, ordenne et establie en et par les peticions, responses, estatutz, ordennances et establisementz suisditz. May it please you, our sovereign lord the king, with the advice of your lords spiritual and temporal assembled in this present parliament, and by the authority of the same present parliament, to declare, ordain and establish that the said forfeitures contained in the said petitions and answers, or in any of them, or in the statutes, ordinances and provisions made thereupon, be not extended to the castles, manors, lands, tenements, fees and advowsons which were given to the said Sir Henry, Sir Thomas, or to the said others who were at the said battle against the said former king and their allegiance, or to the said earl of Northumberland or Lord Bardolf, or to any of them, in fee tail; but that the said forfeitures only be and extend concerning and as to the castles, manors, lands, tenements, fees and advowsons which were or was individually inheritable by the said Sir Henry Percy or Sir Thomas Percy, or the others who were at the said battle of Shrewsbury against the said former king and their allegiance, or any of them, or by the said former earl of Northumberland or the Lord Bardolf, or any of them, in fee simple, by descent or by right of purchase to their use, or of which others were enfeoffed jointly with them, or others individually to their use, by fine or in any other manner whatsoever. And that none of the heirs of the said Sir Henry Percy, Sir Thomas Percy, or of the others who were at the said battle of Shrewsbury against the said former king and their allegiance, or of the said former earl of Northumberland, Thomas, Lord Bardolf, or of any of them, or any heir of any of them, should be foreclosed, barred, stopped or prevented from demanding or claiming all the castles, manors, lands, tenements, fees or advowsons, or any part of the same, which were given to the said Sir Henry Percy, Sir Thomas Percy or to the others who were at the said battle of Shrewsbury against the said former king and their allegiance, or to the said former earl of Northumberland or to Lord Bardolf, or to any of them, or to any of their ancestors, or to any ancestor of any of them, in fee tail; notwithstanding the said petitions, answers of the said former king, statutes or ordinances or any other statutes, ordinances, ancient records, or any other materials whatsoever. And that the said heirs and each of them should have similar and as great advantage by this present declaration, ordinances and establishment; and such advantages should be to the said heirs and to each of them, and of similar effect, as it had been thus declared, ordained and established in and by the aforesaid petitions, answers, statutes, ordinances and establishments.
Qua quidem peticione, in parliamento predicto lecta, audita et plenius intellecta, eidem peticioni, de avisamento et assensu predictis, taliter fuit responsum: Which petition having been read, heard and fully understood in the aforesaid parliament, with the aforesaid advice and assent, was answered thus:
Le roi voet et graunte, qe soit fait en toutz pointes come est desire par ceste peticion, par auctorite d'icest present parlement. The king wills and grants that it should be done in all points as is desired in this petition, by the authority of this present parliament.
[p. te-v-13]
[col. a]
< Pro episcopo Meneven' et aliis. > On behalf of the bishop of St David's and others.
26. Item, quedam alia peticio, cum quadam alia cedula eidem annexa, exhibita fuit eidem domino regi, in parliamento predicto, pro Thoma episcopo Meneven', Thoma episcopo Norwicen', et Roberto priore Sancti Johannis Jerusalem in Anglia, in hec verba: 26. Item, another petition, with another schedule attached to it, was presented to the same lord king in the aforesaid parliament for Thomas, bishop of St David's, Thomas, bishop of Norwich, and Robert, prior of St John of Jerusalem in England, in these words:
Please it unto you our soverain lord the kyng, of your especial grace, and of þassent of the lordes spirituelx and temporelx, and of your communes of this your noble reaume in this present parlement assembled, to graunt by auctorite of the same parlement, to your full humble chapeleyns Thomas bisshop of Seint Davyes, and Thomas bisshop of Norwich, and to your continuel oratour, Robert priour of Seint John of Jerusalem in Englond, your gracious lettres patentes, to be made undre your grete seal, aftir the fourme and effect of a cedule to this bill annexed. And þei shall pray to God for your noble estate. Tenor vero cedule predicte sequitur in hec verba: May it please you our sovereign lord the king, by your special grace, and with the assent of the lords spiritual and temporal and of your commons of this your noble realm assembled in this present parliament, to grant, by the authority of the same parliament, to your right humble chaplains Thomas, bishop of St David's, and Thomas, bishop of Norwich, and to your continual petitioner Robert, prior of St John of Jerusalem in England, your gracious letters patent to be made under your great seal after the form and effect of a schedule attached to this bill. And they shall pray to God for your noble estate. The tenor of the aforesaid schedule follows in these words:
Rex omnibus ad quos, etc. salutem. Ex parte tam venerabilis patris Thome episcopi Meneven', quam venerabilis patris Thome episcopi Norwicen', ac Roberti prioris Sancti Johannis Jerusalem in Anglia, nobis est intimatum, qualiter quidam Alexander de Ferentinis de Florentia mercator, nuper in civitate London' commorans, eidem episcopo Meneven' in summa septingentarum marcarum; ac dicto episcopo Norwicen', in summa nongentarum et quinquaginta marcarum; ac dicto priori, in summa .m. septingentarum et sexaginta marcarum indebitatus extitit: quas quidem summas prefatis episcopis ut premittitur debitas, nedum ipsi episcopi separatim habere nequiunt; quibusdam recuperacionibus per dictos episcopos de debitis suis predictis versus ipsum Alexandrum in vita sua, coram justiciariis nostris de Banco, per breve nostrum ut dicitur habitis, non obstantibus; verum eciam dictus prior dictam summam sibi ut premittitur debitam similiter habere nequit: eo quod prefatus Alexander nuper obiit intestatus ut dicitur, in ipsorum episcoporum et prioris dampnum non modicum et gravamen. Nos, premissa considerantes, et quantum de jure possumus eisdem episcopis et priori in hac parte subvenire volentes, de avisamento et assensu dominorum spiritualium et temporalium, ac communitatis regni nostri Anglie, in presenti parliamento existentium, auctoritate ejusdem parliamenti, ordinamus, quod postquam venerabilis pater archiepiscopus Cantuarien', seu sede Cantuarien' vacante, custos spiritualitatis ejusdem, cui administratio bonorum dicti defuncti, seu administracionis commissio pertinet, ad supplicacionem dictorum reverendorum patrum et prioris, seu alicujus eorumdem, alicui persone seu personis aliquibus, onus administracionis predicti defuncti, ad summas predictas suscipere volentibus, commiserit; dicti administratores, eorumque heredes et executores, possint et valeant, omnia et singula jocalia, bona et catalla, denariorum summas, mercandisas et debita, que fuerunt dicti defuncti, vel sibi quomodolibet spectantia sive pertinentia, infra regnum nostrum Anglie; necnon evidentias summarum denariorum, obligaciones et securitates pecuniarum quascumque, eidem Alexandro factas ubicumque, et in quorumcumque manibus infra regnum nostrum predictum reperiri poterint, ac a quibuscumque personis debita seu securitates, usque ad valorem summarum predictarum, per indenturas inter ipsos administratores, eorumque heredes seu executores, et personas hujusmodi in hac parte debite conficiendas, percipere, levare et exigere, et pro eisdem acciones personales, per quas hujusmodi summe et alia premissa prefato Alexandro qualitercumque pertinentia de jure recuperari possint, in quibuscumque curiis nostris, et aliorum quorumcumque, licite prosequi et respondere. Ordinamus [col. b] eciam auctoritate predicta, quod predicti administratores seu administrator, heredes et eorum executores, hujusmodi jocalia, bona, catalla, denariorum summas, evidencias summarum, obligaciones et securitates pecuniarum, ac mercandisas, usque ad solucionem summarum predictarum, ad utilitatem prefatorum episcoporum et prioris ut premittitur debite faciendo, prout eis visum fuerit, faciant, convertant et applicent et fideliter administrent, fidelemque compotum prefato venerabili patri archiepiscopo Cantuarien', seu custodi spiritualitatis ut prefertur, de solutis prefatis episcopis et priori, ac de singulis recepis per eosdem, fideliter faciant; ac compoto illo finito, recepto primitus juramento corporali ab eisdem administratoribus, per predictum archiepiscopum seu custodem, quid et quantum receperint et solverint ad summam predictam, et quod non ultra summas predictas, quicquam receperint nec solverint in forma predicta, racionabilibus expensis, per dictum archiepiscopum, seu custodem spiritualitatis allocandis, ab ulteriori compoto reddendo, seu administracione, levacione, receptione, sive occupacione aliorum seu plurium bonorum et catallorum, debitorum, obligacionum, securitatum pecuniarum, et aliorum premissorum que fuerunt prefati Alexandri, faciendo dicti administratores penitus exonerentur; et ita libere et illese conditionis tam erga nos, quam dictum archiepiscopum, et alios quoscumque, visis literis testimonialibus prefati archiepiscopi, seu custodis, super compoto predicto, sint et sit, ac si ipsi levacionem aliquam, recepcionem et occupacionem, solucionem five administracionem hujusmodi jocalium, bonorum, catallorum et aliorum premissorum, de dicto archiepiscopo, seu custode spiritualitatis ejusdem, super se nunquam assumpsissent seu assumpsisset aliquis eorumdem. Volumus insuper, et de avisamento, assensu et auctoritate predictis, ordinamus, concedimus et statuimus, quod iidem administratores, seu administrator, eorumque heredes et executores, deputati, attornati, et servientes sui, seu eorum aliquis, auctoritate predicta, de omnibus placitis, querelis, accionibus et demandis quibuscumque, per quoscumque alios creditores predicti Alexandri, preter dictos episcopos et priorem, capiendis, prosequendis ac movendis in futurum, quieti sint et exonerati, ac implacitantes et querelantes eos vel eorum aliquem, ab omni accione, querela et demanda, preclusibiles et preclusi in hac parte existant imperpetuum. Et quod cancellarius Anglie, aut custos magni sigilli nostri, heredum et successorum nostrorum, pro tempore existens, auctoritate predicta, visis litteris testimonialibus prefati archiepiscopi, seu custodis, super compoto predicto, ut prefertur, fieri facere et liberare teneatur, prefatis administratoribus, et eorum alicui, ac heredibus et executoribus, deputatis et attornatis et servientibus suis, ac cuilibet eorumdem, tot et talia brevia de supersedeas, in quibuscumque placitis et querelis, accionibus et demandis, versus ipsos seu eorum aliquem, contra formam et effectum presentium motis vel movendis, quot et qualia eis et eorum cuilibet in hac parte necessaria fuerint, seu quomodolibet oportuna; aliquo statuto in contrarium facto, seu alia causa quacumque, non obstantibus. In cujus etc. Teste etc. The king, to all to whom, etc. greeting. On behalf of the venerable father Thomas, bishop of St David's, as well as on behalf of the venerable father Thomas, bishop of Norwich, and Robert, prior of St John of Jerusalem in England, we were informed that a certain Alexander de Ferentinis of Florence, merchant, formerly staying in the city of London, was indebted to the same bishop of St David's to the sum of 700 marks, and to the said bishop of Norwich to the sum of 950 marks, and to the said prior to the sum of 1,760 marks; which sums, owed to the aforesaid bishops as aforesaid, the bishops themselves have in no way been able to acquire individually; notwithstanding certain recoveries had by the said bishops of their aforesaid debts against Alexander during his lifetime, acquired by our writ in the presence of our justices of the Bench, as it is said; indeed the said prior who was similarly owed the sum, as is aforesaid, was unable to acquire it, because the aforesaid Alexander lately died intestate, as it is said, to the great damage and harm of the bishops and prior. Considering the foregoing, and wishing to do as much as we can by right to assist the same bishops and prior in this matter, with the advice and assent of the lords spiritual and temporal and the commons of our realm of England being in this present parliament, we ordain that after the venerable father, the archbishop of Canterbury or, if the see of Canterbury is vacant, the keeper of its spiritualities, to whom the administration of the goods of the said deceased or commission of the administration pertains, should commit the burden of the administration of the aforesaid deceased to the supplication of the said reverend fathers and prior, or to any of them, or to any person or persons wishing to receive the aforesaid sums. The said administrators, and their heirs and executors, may and shall be able to receive, levy and raise all and singular jewels, goods and chattels, sums of money, merchandise and debts which were of the said deceased or which belonged or pertained to him in any way whatsoever within our realm of England, and also all evidences of sums of money, obligations and securities of money whatsoever made to the same Alexander at any time whatsoever, and in whoever's hands they can be found within our aforesaid realm, and which were owed to any person whatsoever or were securities, to the value of the aforesaid sums, by indentures to be made between the administrators themselves, and their heirs or executors, and the persons owed in this matter, and personal actions for the same, by which this sum and the other aforementioned things pertaining in any way whatsoever to the aforesaid Alexander can by law be recovered, and they can lawfully prosecute and answer in any of our courts and those of others whatsoever. We also ordain, [col. b] by the aforesaid authority, that the aforesaid administrators or administrator, their heirs and executors, should make, convert, apply and faithfully administer these jewels, goods, chattels, sums of money, evidences of sums, obligations and securities of money and merchandise, until the payment of the aforesaid sums is duly made, to the use of the aforesaid bishops and prior as aforesaid, as seems best to them, and they should faithfully render a true account to the aforesaid venerable father the archbishop of Canterbury or the keeper of the spiritualities as aforesaid of the payments made to the aforesaid bishops and prior, and of each separate payment received by them. And that account having been settled, the aforesaid archbishop or keeper having first received corporal oaths from the said administrators concerning what and how much they should receive and pay towards the aforesaid sum, the administrators should not receive or pay anything beyond the aforesaid sums in the aforesaid terms, with reasonable expenses allocated by the said archbishop or the keeper of the spiritualities from the last rendered account, or the administration, levying, reception or occupation of other or further goods and chattels, debts, obligations, securities of money and other premises which belonged to the aforesaid Alexander, for exonerating the said administrators completely. And they or he should be of free and easy condition both towards us and the said archbishop and any others whatsoever, having seen the letters testimonial of the aforesaid archbishop or keeper concerning the aforesaid account, as if they or any of them had never taken on the same levying, reception and occupation, payment or administration of these jewels, goods, chattels and other premises from the said archbishop or his spiritual warden. We wish moreover, and with the aforesaid advice, assent and authority, ordain, grant and command, that the same administrators or administrator, and their heirs and executors, deputies, attorneys and servants, or any of them, by the aforesaid authority, be quit and exonerated from all pleas, quarrels, actions and demands whatsoever to be taken, pursued and brought in the future by any other creditors of the aforesaid Alexander whatsoever, except the said bishops and prior, and those impleading and complaining, or any of them, shall be forbidden from all actions, complaints and demands in this matter forever. And that the chancellor of England or the warden of our great seal, our heirs and successors at the time, by the aforesaid authority, having seen the letters testimonial of the aforesaid archbishop or keeper concerning the aforesaid account as aforesaid, should be obliged to have made and delivered to the aforesaid administrators, and to any of them, and to their heirs and executors, deputies, attorneys and servants, and to any of them, such and as many writs of supersedeas, in any complaints and quarrels, actions and demands whatsoever brought or to be brought against them or any of them, contrary to the present form and effect, as seems necessary or opportune in any way to them and to any of them in this matter; notwithstanding any statute made to the contrary or other reason whatsoever. In witness of which, etc. These being witnesses, etc.
Quibus quidem peticione et cedula, in parliamento predicto lectis, auditis et plenius intellectis, de avisamento et assensu predictis, responsum fuit eisdem in forma subsequenti: Which petition and schedule having been read, heard and fully understood in the aforesaid parliament, with the aforesaid advice and assent, this answer was given in the form following:
Fiat prout petitur. (fn. v-3-235-1) Let it be as it is petitioned. (fn. v-3-235-1)
[memb. 10]
< Pro justiciariis de utroque banco, etc. > On behalf of the justices of both Benches.
27. Item, quedam alia peticio exhibita fuit eidem domino regi, in parliamento predicto, per justiciarios suos de Banco suo et de Communi Banco, justiciarios ad assisas capiendum assignatos, ac servientes et attornatum suos, in hec verba: 27. Item, another petition was presented to the same lord king in the aforesaid parliament by his justices of King's Bench and of the Common Bench, the justices assigned to hold assizes, and their servants and attorneys, in these words:
[p. te-v-14]
[col. a]
Please au roi nostre soveraigne seignur de considerer; coment lez justicez de bank le roy, et del commune bank, lez justicez as assises prendre assignez, lez sergeantis et attourne le roy pur le temps esteantz, devant sez heures feurent toutz temps paies en mains de lour fees et regardez de roy par lez tresorers d'Engleterre pur le temps esteantz, annuelment en lez termes del Pasqe, et Seint Michell, par owelx porceons, tan qe jatarde en temps de William Kenwolmerssh alors tresorer d'Engleterre. Et qe ore mesmez lez justicez, sergeantz et attourne, de lour ditz fees et regardez, ne de lour vesture, pellure ne lynure, ne sount mye paiez, eins sount ascuns de eux arere dez lour ditz fees et regardez, nient paies par .ij. ans et pluis. Et qe a quel temps de l'an que ascun dez ditz justicez, sergeantz ou attourne, devie, ou soit discharge, soit le le [sic] jour proschein devaunt le fest de Pasqe ou Seint Michell, luy ou sez executours jammes n'ount paiement del rien, del rate de lour ditz fees et regardes, pur le rate del temps encurruz par entre le jour de sa mort, ou discharge, et le proschen precedent fest dez festes suisditz; issint qe par cas lez justicez, sergeantz ou attourne ensi mort, ou discharge, ferra son dit office par dymy an forsqe un jour, a cez graundez costagez, labour et expensez, saunz riens unqes avoir pur ycell, a sa tres graund enpoverissement par cas en temps de sa pluis graunt necessite. Et que il y ad null dez ditz justicez, forspris lez chief, qe ne ad damage et perde de .c.li. par an, par ceo q'il est en office del justice, coment il soit paiez de sez ditz fees et regardez; issint qe par lez ditz damage et perde, et le noun paiement dez ditz fees et regardes, et autres causes, de povert covyendra a mesmez lez justicez encountre lour gree, de necessite eux retraher de lour dit officez faire, a dishonour de vous et de vostre roialme, et anyntisment dez mesmez lez justicez, si en ne soit remedie purveue. May it please the king our sovereign lord to consider how the justices of the King's Bench and of the Common Bench, the justices assigned to hold assizes, and the king's serjeants and attorneys at the time, were in times past always paid in hand their fees and payments from the king by the treasurer of England at the time, annually at the terms of Easter and Michaelmas in equal portions, until the time of William Kinwolmarsh, then treasurer of England. And that now the same justices, serjeants and attorneys are never paid their said fees and regards, nor their clothing, furs or linen until each of them are in arrears and have not been paid their said fees and regards for two years or more. And that whatever time of year whensoever each of the said justices, serjeants or attorneys should die or be discharged, even if it is the day next before Easter or Michaelmas, he or his executors never have any payment from the proportion of their said fees and payments for the period of time between the day of his death or discharge and the next preceding feast of the aforesaid feasts; so that it happens that as a result [any of] the justices, serjeants or attorneys so dying or discharged performs his said office for half a year save for one day at his great costs, labour and expense without having anything for this, to his very great impoverishment in times of his very great necessity as a result. And that all of the said justices, except the chief, have the said damage and loss of £100 yearly because they are in the office of justice, in whatever way they are paid their said fees and payments; so that by the said damage and loss, and the non-payment of the said fees and payments, and other reasons, the poverty ensuing to the same justices against their status, obliges them to withdraw from performing their said offices, to the dishonour of you and of your realm, and the destruction of the same justices, if no remedy is provided.
Et sur ceo par autorite de cest present parlement d'ordeigne, qe le gardein, ou le clerk de la hanaper del chauncellarie nostre seignur le roy pur le temps esteant, dez primers deniers provenauntz du dit hanaper, et queux de droit et loialment solonc la cours de la ley deivent apperteigner d'estre paiez en mesme le hanaper; et lez collectours et Resceyvours dez graundez et petitz custumez de roy, en lez portes de London, Bristowe, et le ville de Kyngeston sur Hull pur le temps esteantz, dez primers deniers, issuez et profitz severalment provenauntz dez custumez suisditz, outre lez chargez et reprisez ent a present dewes, payent et aient power et soient tenuz de paier en money nombrez, severalment et par severallez parcellez, come lour officez requergent, as chescun dez ditz justicez, sergeantz et attourne pur le temps esteantz, et sez executours, sez ditz fees et regardes annuelment, as festes de Pasqe et Seint Michell, par owelx porcions, et le dit rate de sez ditz fees et regardez, a cel fest dez festis suisditz, qe a proschein ensuyt le jour de sa mort, ou sa discharge; et annuelment as festez de Nowell et Pentecost, as chescun dez ditz justicez pur sa vesture, pellure et lynnere, tauntz et tielx sommes de money, come ount este ou serrount allowes al gardeyn de le grande garderobe nostre seignur le roy, en sez accomptz de son dit office, pur la vesture, pellure et lynnere de tiel justice alnnuelment, par le greindre partie de .x. anz darrein passez; et annuelment al fest de Nowell, as chescun dez ditz sergeantz et attourne, tauntz et tielx sommes de money, come ount este ou serrount allowes al dit gardein de le dit garderobe, en sez ditz accomptez, pur le vesture de tiel sergeant ou attourne annuelment, par le greindre partie dez .x. anz suisditz; et as oeptas de Seint Trinite proschein ensuant, a chescun dez ditz justicez, sergeantz et attourne, sibien autiels sommes de money pur lez arrerages de sa dit vesture, [col. b] pellure et lynnere ore encurruz, et a luy dewes, come toutz lez arreragez de sez ditz fees et regardez auxi ore encurruz, et a luy dewes, si bien lez arrerages dez sommes de money par taillez levez al resceyt de l'escheker nostre seignur le roy, a luy assignez nient paiez, tost apres mesmez lez taillez al resceit de dit eschequyr restitutz, come autres arreragez. Et qe le dit gardein, ou le clerk de la hanaper, et lez ditz collectours et resceyvours dez ditz custumez, ne null de eux, null allowaunce, discharge ne respyte, par paiement de money ne autrement, en lour accommptz de lour ditz officez, joyntement ne severalment, de null parcell de lour resceytes, forspris alowaunce dez ditz chargez et reprisez, ne aient; devaunt dewe paiement par eux faitz, as chescun dez ditz justicez, sergeantz et attourne, de sez fees regardes, et rate suisditz, et de lez sommes de money pur sa vesture, pellure et lynure. Et si ascun alowaunce, discharge ou respyte, soit fait a contrarie de cest ordenaunce, qe ceo soit voyde et tenuz pur null. Et qe lez ditz justicez, sergeantz et attourne, et sez executours, et chescun de eux, quytement ayt, et ayent lourz ditz fees, regardes et rate, et lez ditz sommes de money pur lour vesture, pellure et lynnere, pur le temps q'ils estoient en lourz ditz officez, et atauntz et tielx briefs soubz le grande seale nostre seignur le roi, et sez heires, pur l'exploit et execucion de lez premessez, come a eux serrount bosoignablez en cest partie, ascun estatut ou ordeignaunce a contrarie nient obstant. Savaunt toutz temps, qe le chaunceller d'Engleterre, le clerk de parlement du roy, le dit clerk de dit hanaper, lez clerkes de corone du roy, en sa chauncellarie, et autres officers du nostre dit seignur le roy, en mesme la chauncellarie, en paiementz a eux ou ascun de eux a fairres de lour fees a eux appurtenauntz par cause de lour ditz officez, ou autrement a eux ou ascun de eux par lettres patentz du roy grauntez, et dez issuez de mesme le hanaper a paiers, et autres ore eiantz estat de frank tenement en ascuns anuitees a paiers dez issuez de dit hanaper, ou dez custumez suisditz, et autres persons ore enherites en ascuns annuitees a paiers dez issuez de dit hanaper ou dez custumes suisditz, et autres persons eiantz ascuns assignementz faitz a eux, devaunt le primer jour de Feverer proschein ensuant le commensement de cest present parlement, dez paiementz a eux a faires, dez issuez du dit hanaper, ou de lez custumes suisditz, soient en chescun maner preferrez. purveu toutz foitz, qe null dez ditz justicez, sergeantz ou attourne, soit paie dez ditz custumez en ascun dez ditz portes, de sez ditz fees, regardes et rate, ne pur sa dit vesture, pellure et lynnere, tan qe le chaunceller d'Engleterre pur le temps esteant, soit apris par examinacion del clerk de hanaper pur le temps esteant, qe lez issuez de dit hanaper ne sussisent a mesme le paiement as termes suisditz affair', outre lez autres paiementz et charges suisditz. And thereupon, by the authority of this present parliament, may it please you to ordain that the keeper or clerk of the hanaper of our lord the king's chancery at the time should pay and have power to pay and be held to pay, from the first monies coming from the said hanaper, and which rightly and lawfully according to the course of the law should be paid in the same hanaper, and the collectors and receivers at the time of the great and petty customs of the king in the ports of London, Bristol and the town of Kingston upon Hull should pay and have power to pay and be held to pay in counted money from the first monies, issues and profits severally coming from the aforesaid customs, beyond the charges and reprises thence due at present, individually and in individual parts, as their offices require, to each of the said justices, serjeants and attorneys at the time, and their executors, for their said fees and payments annually at Easter and Michaelmas in equal portions, and the said proportion of their said fees and payments at the feast of the aforesaid feasts which next follows the day of his death or discharge; and annually at Christmas and Whitsun, to each of the said justices for his clothing, furs and linen, such and as great sums of money as have been or will be allowed to the keeper of the great wardrobe of our lord the king, in his accounts of his said office, for the clothing, furs and linen of such justice annually, for the greater part of ten years last past; and annually at Christmas, to each of the said serjeants and attorneys, such and as great sums of money as have been or will be allowed to the said keeper of the said wardrobe in his said accounts for the clothing of such serjeant or attorney annually for the greater part of the aforesaid ten years; and at the octave of Holy Trinity next following, to each of the said justices, serjeants and attorneys, also such sums of money for the arrears of their said clothing, [col. b] furs and linen now incurred and due to them, and all the arrears of their said fees and payments also now incurred and due to them, as well as the arrears of the sums of money levied by tally at the receipt of our lord king's exchequer, assigned to him and not paid, immediately after the same tallies are restored to the receipt of the said exchequer, as other arrears. And that the said keeper or clerk of the hanaper, and the said collectors and receivers of the said customs, or any of them, shall not have any allowance, discharge or respite by payment of money or otherwise in their accounts of their said offices, neither jointly or individually, from any part of their receipts, except the allowance of the said charges and reprises, before due payment has been made by them to each of the said justices, serjeants and attorneys of their fees, payments and aforesaid proportion, and of the sums of money for their clothing, furs and linen. And if any allowance, discharge or respite be made to the contrary of this ordinance, it should be void and disregarded. And that the said justices, serjeants and attorneys, and their executors, and each of them, have their said fees, payments and proportion and the said sums of money for their clothing, furs and linen completely for the time that they shall be in their said offices, and with such and as many writs under the great seal of our lord the king, and his heirs, for the performance and execution of the foregoing, as seems necessary to them in this matter, notwithstanding any statute or ordinance to the contrary. Saving always that the chancellor of England, the clerk of the king's parliament, the said clerk of the said hanaper, the clerks of the king's crown in his chancery, and other officers of our said lord the king in the same chancery, in payments to be made to them or any of them from their fees pertaining to them because of their said offices, or otherwise granted to them or any of them by the king's letters patent, and from the issues to be paid from the same hanaper, and others now having freehold possession in any annuities to be paid from the issues of the said hanaper, or from the aforesaid customs, and other persons now inheritable in any annuities to be paid from the issues of the said hanaper or from the aforesaid customs, and other persons having any assignments made to them before 1 February next following the commencement of this present parliament [1440], from payments to be made to them from the issues of the said hanaper or from the aforesaid customs, should be given preference in each case. Provided always that none of the said justices, serjeants or attorneys be paid from the said customs in any of the said ports for their said fees, payments and proportion, nor for their said clothing, furs and linen, until the chancellor of England at the time is informed by the examination of the clerk of the hanaper that the issues of the said hanaper at the time will suffice for the same payment to be made at the aforesaid times, in addition to the other aforesaid payments and charges.
Qua quidem peticione in parliamento predicto lecta, audita et plenius intellecta, eidem peticioni, de avisamento et assensu predictis, respondebatur sub hiis verbis: Which petition having been read, heard and fully understood in the aforesaid parliament, with the aforesaid advice and assent, was answered in these words:
Le roi, de l'advis et assent des seignurs espirituelx et temporelx, et les communes, en cest parlement esteantz, ad graunte tout ceo q'est contenuz en icest peticion. (fn. v-3-249-1) The king, with the advice and assent of the lords spiritual and temporal and the commons being in this parliament, has granted all that is contained in this petition. (fn. v-3-249-1)
< Pro Margareta que fuit Mallefaute militis. > On behalf of Margaret who was the wife of Thomas Malefaute, knight.
28. Item, quedam alia peticio exhibita fuit eidem domino regi, in parliamento predicto, per prefatos communes, pro Margareta que fuit uxor Thome Malefaut militis, in hec verba: 28. Item, another petition was presented to the same lord king in the aforesaid parliament by the aforesaid commons on behalf of Margaret who was the wife of Thomas Malefaut, knight, in these words:
To the ryght wyse and discrete communes of this present parlement besecheth, and the most humble wyse mekely hure compleyneth, Margaret that was the wyf of seignur Thomas Malefaut, knyght, of on Lewse [p. te-v-15][col. a] Leyson, oderwyse called Lewse Gethei, late of Glomorgan yn þe marche of Wales: that wher as þe seide Lewse was of consayll, and toward þe seide seignur Thomas hur husbond yn his lyf, and founden by hym to courte, and was wyth hym atte hes deth, and most tristed of any man ner to hym; after whoos deth, for grete trist and affeccion, Jane Asteley, þat was þe wyf of Thomas Asteley, moder of þe seide Margaret, hadd yn hym, and be cause he swore þat he was weddid, and þat he would bryng þe seide Margaret safly unto her moder to London, she send lettres and tokens by þe same Lewse unto here. And þe seide Lewse by sotill and unlawfull menes, purposyng and ymagenyng to ravysshe þe seide Margaret, and to have hure to hes wyf, þe seide lettres brake, and countrefeted yn hur seide husbond is name, as he hadd ben on lyf, after hes oune conseit, prayng and desiryng by þe same, her to come unto London [[The following text has been deleted:
to London]] yn all þe hast þat she myght, for hes grete confort yn hes seknes: and ther apon þe seide Margaret beyng in Goddes pese and our soveraigne lord atte Oucketon in Penbroke shir, not knowyng þenne of hur seide husbondes deth, on Wytsonday, the .xvi. yere of the regne of our saide soveraigne lorde, come þe seide Lewse with þe seide countrefiet lettres, declaryng Griffith ap Nicholas, and deverse oþer of hur enmyes to lye yn awayte for hur, and put hur yn grete fere, promyttyng nertheles and sweryng, that he wold safly bryng hur to hur husbond to London, or els to die ther fore. And she trustyng yn hes grete and feyr promyse, for þe comfort of hur seide. husbond, accordyng to þe desir by þe seide lettres and oþer tokenes, came forth with hym with diverse of hur oune servantes, supposyng safly to have gon; and so þei went and travayled all þat day, and all þe morrow after til evyn, þat they came by a parke side, called þe Park of Prys, with ynne þe lordshepe of Gowere; wher as þer came oute of þe same park a grete busshement, þer beyng by þe assent and ordinaunce of þe seide Lewse, yn maner of werre arayed, and came with swerdis drawen, and made a grete affray and assaute apon þe seide Margaret, and þer smoten hur apon hur arme, and þer beten her servantes; and þe seide Lewse þer thenne made non defence, bote seide she shold go with hym, and he wold undertake for hur lyf; and so she of her lyf graunted to go with hym, and so departed hur fro all hur servantes, and had hur forth yn to the monteyns, þer y kepte withoute mete or drynk til she was nye dede, savyng þat she hadd wheye to drynke atte dyvers places, til þe Wondisday nexte after; atte whiche day he brought her to on Gilbert Turbervyle is place, with ynne þe lordshep of Glomoragan, and hur ther kepte as a prisoner, and hur manassed atte dyvers tymes, yn lesse þen she wold be wedded to the seide Lewse, to carie hur yn to þe monteyns, þer to abide withoute confort of eny man of hur kyn or fryndis, to hur undoyng and shortyng of hur lyf; and so be cause and fer of sich manasse hadd by the seide Lewse, and oþer of hes covyne, by þe worchyng and assent of the seide Gilbert and hes wyf, with þe governance of on seignur Hough, vicar of < þe > cherche of Twyggeston in Wales, with meny mo, on Monday nexte þer after, þe seide Margaret was brought and ladd to þe seide cherche of Twyggeston ayennes hur wil, and þer wold have made hur ayenst hur wille to take þe seide Lewse to husbond, the which she ever refused, and pryvely and openly seide unto þe seide vicar þat she wold never of hur gode wyll have hym to hur husbond; the which noghtwithstondyng, þei compelled hur to suffre þe solempnytee to be don, she þen beyng with child by hur seide late husbondman, and gretly dispeupared, and noght of gode mynd, ne never agreyng ne havyng yn mynde ne yn remembrauns, of eny wordis of Matrimonie by hur mouth ne [col. b] hert uttered: and after that tyme hadde hur yn to þe seide Turbervyle is place atte Twyggeston aforesaide, and þer hadd hur yn to a chaumbr' withynne a strong towr, and þer ayenst hur will ravasshid hur, and felonly ley by hur, she cryyng atte all tymes after helpe and socour, and non couþe have; and yn suche wyse þer was kepte, til Friday nexte after þe fest of Seynt John Baptiste, that she with wyse governance was hadde fro þennes, and came to London to hur moder.
To the right wise and discreet commons of this present parliament Margaret, widow of Sir Thomas Malefaut, knight, beseeches and most humbly and meekly complains of one Lewis [p. tr-v-15][col. a] Leyson, otherwise called Lewis Gethei, late of Glamorgan in the march of Wales: whereas the said Lewis was a confidant of the said Sir Thomas, her husband, during his lifetime, and was given sustenance by him, and was with him at his death, and was the most trusted of any man near to him; after whose death, because of the great trust and affection which Jane Astley, former wife of Thomas Astley and mother of the said Margaret, had in him, and because he swore that he was married and that he would bring the said Margaret safely to her mother to London, the said Jane sent letters and tokens to Margaret by the same Lewis. And the said Lewis, by subtle and unlawful means, planning and scheming to ravish the said Margaret and to have her for his wife, destroyed the said letters and counterfeited letters in her said husband's name, as if he had been alive, after his own conceit, praying and desiring in the same letters that Margaret come to London as quickly as she could to greatly comfort him in his sickness. And thereupon the said Margaret, in God's peace and that of our sovereign lord, was at Upton in Pembrokeshire, not knowing then of her said husband's death, when on Whitsunday in the sixteenth year of the reign of our said sovereign lord [1 June 1438] the said Lewis arrived with the said counterfeit letters, declaring that Griffith ap Nicholas and several of her other enemies were lying in wait for her, and he put her in great fear, promising nevertheless and swearing that he would bring her safely to her husband in London, or else die in the process. And she, trusting in his great and fair promise, for the sake of the comfort of her said husband, according to the desire of the said letters and other tokens, went forth with him with several of her own servants, supposing to travel safely. And so they went and travelled all that day and all the next morrow until evening when they came to a park side called the Park-le-Breos within the lordship of Gower, where a great ambush came out of the same park, being there at the plan and command of the said Lewis, arrayed as for war. And they came with swords drawn and made a great affray and assault upon the said Margaret and struck her on her arm, and beat her servants. And the said Lewis made no defence but said she should go with him and he would undertake to protect her life. And so she, for fear of her life, agreed to go with him and so departed from all her servants, and he brought her forth into the mountains where he kept her without meat or drink until she was nearly dead, saving that she had whey to drink at various times, until the Wednesday next following; at which time he brought her to one Gilbert Turbervyle's place within the lordship of Glamorgan and kept her there as a prisoner, and threatened her at various times that unless she would wed the said Lewis, he would carry her into the mountains to abide there without the comfort of any of her kin or friends, to her undoing and the shortening of her life. And so because and for fear of such threat made by the said Lewis and others of his band, with the labour and assent of the said Gilbert and his wife, with the governance of one Sir Hugh, vicar of the church of Tythegston in Wales, and with many more, on Monday next thereafter the said Margaret was brought and led to the said church of Tythegston against her will, and there they would have made her take the said Lewis as her husband against her will, which she forever refused, and privately and openly said to the said vicar that she would never have him for her husband of her good will. Notwithstanding this, they compelled her to suffer the solemnity to be done, she then being with child by her said late husband, and greatly confused, and not of sound mind, though never agreeing to, nor having in mind or in remembrance, any words of matrimony uttered by her mouth or [col. b] heart. And afterwards he took her into the said Turbervyle's aforesaid place at Tythegston, and there took her into a chamber within a strong tower, and there ravished her and feloniously lay by her against her will, she crying at all times for help and succour though she could have none. And she was kept there in such manner until the Friday next after the feast of St John the Baptist [27 June 1438] when with wise governance she was taken from there and came to London to her mother.
Plese hit to your wyse discrecions, by consideracion of this aforeseide, to pray þe kyng our soveraigne lord, to graunte and ordeyne by þe assent of þe lordis spirituell and temporell yn þis present parlement assemblid, and by auctoritee of þe same parlement, a writte of proclamacion oute of hes chauncerie, to be directed to hes sherref of Somererset shir for þe tyme beyng, retournable atte a certeyn day, conteynyng fro þe date of þe same wryt, the space of .ij. monethes and more, to do proclayme atte .ij. severall countees in þe same shire, to be holden mene betwene þe date of þe seide writ, and þe day of þe returne þerof; þat þe seide Lewse yn hes propre person appere before our seide soveraigne lord wher so ever he be yn Englond, yn presence of hes justices, to þe plees before hym to be holden assigned, atte þe day of þe seide writte before our saide soveraigne lord returnable, to answer of þe seide felonye and rape, by what so ever niam þe seide Lewse be named; and yf þe sheref of þe seide shire for the tyme beyng, duly execute not þe seide writ; that þenne he paye and forfaite to our seide soveraigne lord an .c.li., and make fyne and raunson atte hes wyll. And yf atte þat day þe same write before hym be retourned, and suche proclamacion yn þe fourme above seide by þe seide sheref certefied, and the same Lewse atte that day yn hes propre person appere not before our seide soveraigne lord yn þe seide presence, and þat defaut recorded, þat thenne þe seide Lewse stande atteynt of hygh treson by þe seide auctoritee, and soche execucion of lawe to be don uppon hym, as ought to be don uppon hym þat is atteynt of high treson, don ayenst þe kynges estate, coroune and dygnytee: provyden and saved alwey to þe lordes of whom hes londis and tenements buth holden þe eschete of þe same. And that by letters of pryve seall of our seide soveraigne lord, hit be commaunded to certeyn persones by hym to be named, to take þe seide Lewse, and to bryng hym before our seide soveraygne lord wher so ever he be yn Englond, yn þe presence aforeseide, where ever the same Lewse be founden with ynne þe seide royalme, oþer with ynne Walys, oþer elswher. And yf þat the day of þe seide wryt of proclamacion retournable, þe seide Lewse appere yn hes propre person before our seide soveraigne lord, yn þe presence of his seide justices, that þenne þe seide Margaret may have hur appele of rape by writte, oþer by bylle, by hur attourney, or yn hur propre person, ayenst the same Lewse for the seide ravysshment to hur by hym don; supposyng yn þe same bille and sute, þe seide rape to be don atte þe seide toune of Twyggeston yn Walys; and þe seide sute of appele by wryt, oþer by byll, shall be meyntened before our seide soveraigne lord, yn presence of hes seide justice, noght wythstondyng þe same rape yn þe same sute is supposid to be don atte Twyggeston afforesaide yn Walis; and þat eny mater þat is, other shall be to be tryed yn þe seide appelle, be tried with ynne þe seide shir of Somerset, the which is a shir nexte ajoynaunt to þe seide place of Twyggeston yn Walys: and þat the seide appele shall be goode, sufficeaunt, and meinte; eny espousels by twene þe same Margaret and þe seide Lewse, supposid to be had and allegid by þe same Lewse, noght wythstondyng. May it please your wise discretion, by consideration of this aforesaid matter, to request that the king our sovereign lord, with the assent of the lords spiritual and temporal assembled in this present parliament, and by the authority of the same parliament, grant and ordain a writ of proclamation from his chancery, to be directed to his sheriff of Somerset at the time, returnable on a certain day, which is at least two months and more from the date of the same writ, to proclaim in two separate county courts in the same county, which are held midway between the date of the said writ and the day of the return thereof, that the said Lewis should appear in his own person before our said sovereign lord wherever he is in England, in the presence of his justices, at the pleas assigned to be held before him on the day of the return of the said writ before our said sovereign lord, to answer to the said felony and rape, by whatever name the said Lewis is called. And if the sheriff of the said county at the time does not duly execute the said writ, that then he shall pay and forfeit £100 to our said sovereign lord, and make fine and ransom at his will. And if on that day the same writ is returned before him and such proclamation certified in the aforesaid form by the said sheriff, and the same Lewis on that day in his own person does not appear before our said sovereign lord in the said presence and that default is recorded, that then the said Lewis shall stand attainted of high treason by the said authority, and such execution of law shall be done him as ought to be done to one who is attainted of high treason committed against the king's estate, crown and dignity. Provided and saving always to the lords of whom his lands and tenements are held the escheat of the same. And that, by the letters under the privy seal of our said sovereign lord, it shall be commanded that certain persons to be named by him shall take the said Lewis and bring him before our said sovereign lord wherever he shall be in England, in the aforesaid presence, wherever the same Lewis shall be found within the said realm or within Wales or elsewhere. And if on the day of the return of the said writ of proclamation the said Lewis appears in his own person before our said sovereign lord, in the presence of his said justices, that then the said Margaret may have her appeal of rape by writ or by bill, by her attorney or in her own person, against the same Lewis for the said ravishment done to her by him; supposing in the same bill and suit that the said rape was done at the said town of Tythegston in Wales; and the said suit of appeal by writ or by bill shall be maintained before our said sovereign lord, in the presence of his said justices, notwithstanding the fact that the same rape in the same suit is supposed to have been committed at Tythegston aforesaid in Wales; and any matter that is or shall be tried in the said appeal shall be tried within the said county of Somerset, which is the county next adjoining to the said place of Tythegston in Wales; and that the said appeal shall be good, sufficient, and meant; notwithstanding any espousals between the same Margaret and the said Lewis supposed to have been had and alleged by the same Lewis.
[p. te-v-16]
[col. a]
Qua quidem peticione, in parliamento predicto lecta, audita et plenius intellecta, eidem peticioni, de avisamento et assensu predictis, respondebatur sub hiis verbis: Which petition having been read, heard and fully understood in the aforesaid parliament, with the aforesaid advice and assent, was answered in these words:
Le roy le voet. Purveu toutz foitz q'il ne tournera en prejudice des seignurs marchiers en temps avenir, en ascun autre matier semblable. (fn. v-3-266-1) The king wills it. Provided always that it will not turn to the detriment of the lords of the march in the future, in any other similar matter. (fn. v-3-266-1)
< Pro Willelmo ap Guillam ap Gryffythe. > On behalf of William ap Guillam ap Griffith.
29. Item, quedam alia peticio exhibita fuit eidem domino regi, in parliamento predicto, per prefatos communes, pro Willelmo ap Gwilym ap Gruffz, in hec verba: 29. Item, another petition was presented to the same lord king in the aforesaid parliament by the aforesaid commons on behalf of William ap Gwilym ap Griffith, in these words:
Supplie humblement William ap Gwilym ap Gruffz, Engloys de par sa mere; c'est assavoir, fitz Johan, file William de Stanley chivaler; et Galoys de par son piere: le q'il son plere en temps de rebbelyon de Galys, et tout temps apres a tout sa vie, fuit foiall liege a nostre seignur le roi, et a sez noble progenitours. Please a vous tres sage discretion, de prier nostre tressoverain seignur le roy, par l'assent de lez seignurs speretuell et temporell en cest present parlement assemblez, et par auctorite de cele, de faire le dit William Engloys, et able de purchacer terres, tenementz, rentes et servicez, a luy et a sez heirez, et a sez assignes, en fee symple; et a luy, et a sez heirez de son corps engendres, en fee taile, a terme de vie, ou a terme d'autre vie, sibien deinz Engleterre come en Galez, et en lez Engloys burgh de Galez, et de aver et occupier toutz maner de officez, et de pleder et d'estre empledez, et de receiver et enyoier touz auterez libertees et chocez, si come auteres foialez Engloys funt, ascun statut ou ordinance fait a contrarie nient obstant. Et ceo pur Dieu, et en overe de charitee. William ap Gwilym ap Griffith, who is English on his mother's side, that is to say, the son of Joan daughter of William de Stanley, knight, and Welsh on his father's side, humbly requests that whereas his pleasure in times of Welsh rebellion and in all later times for his whole life was faithful allegiance to our lord the king and to his noble progenitors, may it please your most wise discretion to request our most sovereign lord the king, with the assent of the lords spiritual and temporal assembled in this present parliament, and by the authority of the same, to make the said William an Englishman, and able to purchase lands, tenements, rents and services for himself and the heirs begotten of his body in fee tail for the term of his life or the term of another life, both in England and in Wales and in the English boroughs of Wales, and to have and occupy all manner of offices, and to plead and be impleaded, and to receive and enjoy all other liberties and things, as other faithful Englishmen do, notwithstanding any statute or ordinance made to the contrary. And this for God, and by way of charity.
Qua quidem peticione, in parliamento predicto lecta, audita et plenius intellecta, eidem peticioni, de avisamento et assensu predictis, respondebatur sub hiis verbis: Which petition having been read, heard and fully understood in the aforesaid parliament, with the aforesaid advice and assent, was answered in these words:
Fiat prout petitur. Proviso semper, quod idem Willelmus mulieri Wallensi nullatenus maritetur, nec quod ipse durante vita sua, aliquod officium infra Wall' de dono seu concessione nostra, vel heredum nostrorum, habeat neque occupet quovis modo. (fn. v-3-280-1) Let it be as it was requested. Provided always that the same William is never married to a Welsh woman, and that during his life he does not have or occupy in any way any office within Wales by our gift or grant or that of our heirs. (fn. v-3-280-1)
[memb. 9]
< Pro Willelmo at Loue et aliis tenentibus regis castri de Tuttbury. > On behalf of William at Low and other tenants of the king's castle of Tutbury.
30. Item, quedam alia peticio exhibita fuit eidem domino regi, in parliamento predicto, per prefatos communes, pro Willelmo atte Loue, et aliis tenentibus ipsius domini regis, Castri et Honoris suorum de Tutbury, parcelle ducatus sui Lancastr', commorantibus apud Scropton in comitatu Derb', in hec verba: 30. Item, another petition was presented to the same lord king in the aforesaid parliament by the aforesaid commons on behalf of William atte Low and other tenants of the lord king of his castle and honour of Tutbury, part of his duchy of Lancaster, dwelling at Scropton in the county of Derby, in these words:
To the right nobles, wise and discrete communes of this present parlement; besechen mekly William atte Loue, and othere tenauntz of oure lorde the kynge, as of his castell and honure of Tutbury, parcell of his duchie of Lancastre, dwellinge atte Scropton in the countee of Derby: that where as one John Forman, of the [col. b] towne of Snellestone in the seide countee of Derby, for diverse grete and notables causes and offenses done by the same John, withinne the fraunchise and juridiction of the saide castell and honure, was lawefully arrested atte Barton Bakepuz withinne the same fraunchise, by Sir Thomas Blount knyght, depute unto the worshipfulle lorde the erle of Stafford, steward of the saide castell and honure, and othere officers there, and there uppon committed unto the saide William suppliaunt, and othere tenauntz forseide, saufly to kepe and bringge hym unto the saide castell of Tuttebury; and as they were goynge to bringe hym there, on Sonday after Cristemasse day laste passed, atte Sudbury withinne the saide fraunchise, cometh one Piers Venables of the towne of Aston gentilman, withinne the saide countee of Derby, with many othere unknowen, in manere of werre, riote, route and insurreccion arraied, with force and armes, and made a rescours, and toke awey the saide John Forman fro theym, and in the saide William and othere tenauntz made an assaute, and thaym bedde, wounded and evil tretid there. And after that tyme, the same Piers Venables, havynge no liflode ne sufficeante of goodes, gadered and assembled unto him many misdoers beynge of his clothinge; that is to wete, Thomas Sayne of Aston in the saide counte of Derby yoman, Herry Hele of Dowbrigge in the saide counte yoman, Robard Bochere of the saide towne yoman, Nicholas Normanton of the saide towne yoman, Thomas Taillour of the saide towne yoman, Thomas Hobbessone of the saide toune yoman; John Flecchere of the saide towne yoman, John Savage of the saide towne yoman, Nicholas Smyth of West Broughton in the saide counte yoman, John Smyth of the saide towne yoman, Thomas Smyth of the saide towne yoman, Thomas Warde of Sudbury in the saide counte yoman, Robert Forman of Ereston Aroungomery in the saide counte yoman, Rogere Laude of the saide towne yoman, Thomas Bene of Snellestone in the saide counte yoman, with many other unknowyn; and, in manere of insurrection, wente into the wodes in that contre, like as it hadde be Robynhode and his meyne; and so after that tyme they come diverse tymes withinne the fraunchise atte Scropton forsaide, called Scropton Home, and othere places withinne the saide fraunchise, and the saide William and alle other tenauntz there duellinge, sought and manassinge to scle, so that the saide tennauntz dare nat abide in thaire tenures and places, ne no laboure there do, neither baillifs, clerkes, ne other officers there, dare nat come there to holde the courtes, withoute grete power and strenghthe, and so they kepyn the wodes and strange contrays: and atte some tyme they gone in to Chestreschire, that they can nat be take to be justefied by the lawe, but ryde and gone as outelawes, waitynge a tyme to murdre, sclee, and other grete harmes in that contray to do, but yf it be remedied, in contempt of oure lorde the kyng, and ayene alle his lawes and statutes in this partie made. To the most noble, wise and discreet commons of this present parliament; William atte Low and other tenants of our lord the king at his castle and honour of Tutbury, part of his duchy of Lancaster, dwelling at Scropton in the county of Derby, humbly beseech: whereas one John Forman of the [col. b] town of Snelston in the said county of Derby, for various great and notable causes and offences committed by the same John within the franchise and jurisdiction of the said castle and honour, was lawfully arrested at Barton Blount within the same franchise by Sir Thomas Blount, knight, deputy to the worshipful lord the earl of Stafford, steward of the said castle and honour, and by other officers there, and thereupon committed to the said William, supplicant, and other aforesaid tenants to keep and bring him safely to the said castle of Tutbury. And as they were going to bring him there, on the Sunday after Christmas day last [28 December 1438], at Sudbury within the said franchise, one Piers Venables, gentleman of the town of Aston within the said county of Derby, came with many other unknowns, arrayed in the manner of war, riot, rout and insurrection, with force and arms, and effected a rescue and took the said John Forman away from them, and assaulted the said William and other tenants and beat them, wounded them and treated them evilly. And afterwards, the same Piers Venables, having neither livelihood nor sufficient goods, gathered and assembled to himself many evildoers of similar character to himself; that is to say, Thomas Sayne, yeoman of Aston in the said county of Derby, Harry Hele, yeoman of Doveridge in the said county, Robert Butcher, yeoman of the said town, Nicholas Normanton, yeoman of the said town, Thomas Taylor, yeoman of the said town, Thomas Hobson, yeoman of the said town, John Fletcher, yeoman of the said town, John Savage, yeoman of the said town, Nicholas Smith, yeoman of West Broughton in the said county, John Smith, yeoman of the said town, Thomas Smith, yeoman of the said town, Thomas Ward, yeoman of Sudbury in the said county, Robert Forman, yeoman of Marston Montgomery in the said county, Roger Laude, yeoman of the said town, Thomas Bene, yeoman of Snelston in the said county, with many other unknowns; and, in manner of insurrection, went into the woods in that country as if they were Robin Hood and his band. And after that time they came within the aforesaid franchise at Scropton called Scropton Home and other places within the said franchise several times, and sought and threatened to slay the said William and all other tenants dwelling there, so that the said tenants did not dare abide in their tenements and places, nor do any labour there, nor did the bailiffs, clerks, or other officers dare to come there to hold the courts without great power and strength; and so they kept to the woods and strange countries. And at some time they went into Cheshire, where they cannot be taken to be dealt with by the law, but ride and go as outlaws, waiting for a time to murder, slay and do other great harms in that country, in contempt of our lord the king, and against all his laws and statutes made in this respect, unless this is remedied.
Plese it unto youre wise discrecions to considere thes premisses, and there uppon to praie the kynge oure soverain lorde, to ordeigne by assent of his lordes spirituel and temporel, by auctoritee of this present parlement, that a writte of proclamacion may go oute of the chauncerie, conteinynge the space of tyme withinne whiche twey schires may be holden, direct unto the schirref of the saide schire of Derby for the tyme beynge, commaundynge hym, on peine of .cc.li., to proclame in tho twey schires nexte suynge after the date and resceit of the saide writte, that the saide Piers Venables, and other misdoers afore rehersed named in the same writte, appere afore oure lorde the kynge wher ever he be in Inglonde, in presence of his justices, to his plees before hem to holde assigned, atte a certaine day in the same writte conteined, for to ansuere unto oure lorde the kynge, and also to alle suche persones of his tenauntz, and other inhabitantz of and withinne the saide lordeschipe and fraunchise of Tuttebury, that schall severally or jointly sewe ayene them atte that tyme, of alle suche maters as shall be declared and purposed by bille there; and yf the saide persones in the saide writte conteyned, or any of thaym, appere atte the day conteined in the same writte, that thanne the saide justices have power, by the auctorite aforesaide, to procede, here and determine, all suche maters as schal be proposed and declared ayen theym, and everiche of hem, that so apperith by bille in the fourme forsaide, [p. te-v-17][col. a] after the cours of the commune lawe: and that the same justices, by the same auctorite, have power to committe everiche of hem that so apperith to the marchall ys warde of the kynges benche, there to abide, unto everiche of hem so committed, finde sufficeant suerte after the discrection of the saide justices, to appere in propre persone afore theym, atte day and daies by the same justices to been assigned and lymited, tille all the saide maters ayene hem that apperith declared, be fully ended and determined, and also tille the tyme that everyche of hem that so apperith, finde sufficeant suerte bifore the said justices after thaire discretion, of his good berynge, and to bere pees ayene the kynge and alle his peuple. And if the saide writte be retourned, and proclamacion therof made by the saide schirref duelly certefied in the fourme abovesaide, and the seide persones in the seide writte specified, or any of hem, appere nat atte the saide day conteyned yn the same writte, that thanne he and everiche of hem that apperith nat, and that defaute recorded; that thanne upon that defaute, the same justices have fulle power, by the auctorite forsaide, to yeve jugement and awarde execucion there uppon, ayene them and everiche of hem that so apperith nat, as ayene hem that ys atteint of felonie, by dewe processe atte common lawe; and that he forfaite londes and goodes, in fourme and manere as he that ys atteinte of felonie: and yf the saide schirref for the tyme beynge, retourne and execute nat the saide writte, unto hym be tyme resonable delivered, that thanne he forfaite unto oure lorde the kynge, the saide peyne conteyned in the saide writte. May it please you wise discretions to consider the foregoing and thereupon to request that the king our sovereign lord ordain, with the assent of his lords spiritual and temporal, and by the authority of this present parliament, that a writ of proclamation may go out of the chancery, valid for the space of time within which two county courts may be held, directed to the sheriff of Derby at the time, commanding him, on pain of £200, to proclaim, in those two county courts next following the date and receipt of the said writ, that the said Piers Venables, and the other evildoers listed above and named in the same writ, appear before our lord the king wherever he shall be in England, in the presence of his justices, at his pleas assigned to be held before him, at a certain day contained in the same writ, to answer to our lord the king, and also to all his tenants and the other inhabitants of and within the said lordship and franchise of Tutbury who shall individually or jointly sue against them at that time, all such matters as shall be declared and purposed by bill there. And if the said persons contained in the said writ, or any of them, appear at the day contained in the same writ, that then the said justices have power, by the aforesaid authority, to proceed, hear and determine all such matters as shall be proposed and declared against them, and every one of them, which so appear by bill in the aforesaid form, [p. tr-v-17][col. a] according to the course of the common law. And that the same justices, by the same authority, have power to commit each of them that so appears to the ward of the marshal of the King's Bench, to abide there until each of them so committed finds sufficient surety, at the discretion of the said justices, to appear in person before them at the day and days to be assigned and limited by the same justices, until all the said matters declared against those who appear are fully ended and determined, and also until the time that each of them who so appears finds sufficient surety, before the said justices at their discretion, of his good bearing, and to bear peace towards the king and all his people. And if the said writ be returned and proclamation thereof made by the said sheriff duly certified in the aforesaid form, and the said persons specified in the said writ, or any of them, do not appear at the said day contained in the same writ, that when he and each of them that does not appear, and such a default is recorded, that then, upon that default, the same justices have full power, by the aforesaid authority, to give judgement and thereupon award execution against them and each of them that so does not appear, as against those who are attainted of felony, by due process at common law; and that he shall forfeit lands and goods in the same form and manner as one who is attainted of felony. And if the said sheriff at the time returns and does not execute the said writ delivered to him in reasonable time, that then he shall forfeit to our lord the king the said penalty contained in the said writ.
Qua quidem peticione, in parliamento predicto lecta, audita et plenius intellecta, de avisamento et assensu predictis, respondebatur eidem in forma subsequenti: Which petition having been read, heard and fully understood in the aforesaid parliament, with the aforesaid advice and assent, this answer was given to it in the following form:
The kyng woll, that it bee as it is desired. Savyng, þat where as the seide William, and other his tenauntz of his honour of Tutbury, by their peticion desiren, that aftir the proclamacion in the seide countee of Derby, by the shiref of the seide countee so made, and the seide Piers, and other in the seide peticion named, atte the day of the retourne of the seide writte of proclamacion, by force of the same writte, appere before the kyng our soverain lorde, or his justices, to the plees before him holden to be assigned; þat thenne the seide Piers and oþer, sholde be putte to answere of all such matiers as sholde be purposed ayeinft him, and oyer thenne there, as to that the kyng woll þat the seide Piers, and oþer in the seide peticion especified and expressed, shall bee putte to answere of noon oþer matiers thenne is surmetted in the peticion of the seide William, and other of the tenantz aforseide in especiall. (fn. v-3-297-1) The king wishes that it be as it is desired. Saving that whereas the said William and his other tenants of his honour of Tutbury desire by their petition that, after the proclamation is made in Derby by the sheriff of the said county, and the said Piers and the others named in the said petition, on the day of the return of the said writ of proclamation, by force of the same writ, appear before the king our sovereign lord, or his justices, at the pleas assigned to be held before him, that then the said Piers and the others should be made to answer all such matters as should be purposed against them, and others then there; as to that, the king wills that the said Piers and the others specified and expressed in the said petition shall be made to answer no other matters than are particularly contained in the petition of the said William and the other aforesaid tenants. (fn. v-3-297-1)
< Pro Johanne Stuche de comitatu Salop'. > On behalf of John Stuche of the county of Shropshire.
31. Item, quedam alia peticio exhibita fuit eidem domino regi, in parliamento predicto, per prefatos communes, pro Johanne Stuche, de comitatu Salop, in hec verba: 31. Item, another petition was presented to the same lord king in the aforesaid parliament by the aforesaid commons on behalf of John Stuche of Shropshire, in these words:
To the right worthi, and right discrete commyns of this present parlement; bisecheth humbli John Stuche, of the counte of Salop: that where as oon Thomas Dunstervyle, of the same counte, for his title and right in certeine londes and tenementis in þe towne of Spondesley in the shire of Salop, sewed assise of novel disseisine, agayns on Phelip Eggerton late of Spondesley aforseide; which assise hangyng undiscussed, þe same Phelip desired often tymes of the seide John, for to have made þe seide Thomas, bi cause he is his cosyn, for to relees unto þe same Phelip, al his seide right and title in the seide londes and tenementis. And for asmuche as þe seide Thomas, wold not relees unto the seide Phelip, his seide right and title in the [col. b] same londes and tenementis, the seide Phelip for that cause and noon oyer, hath contynuelly sithen bi the space of .v. yere, made werre unto the seide John, as in lyggyng often tymes in awaite to slee hym, and his tenauntis, servauntis, and cosyns, and many of þaym hath beten and mayheimed, and the seide John and othre yerefore dryven oute of contrey, with grete ryottis of þe people of þe seide counte of Chestre; and diverses houses, fithen þe recovere of þe seide londes bi the saide assise agayns hym, hath broke, and som of þaym brent; so þat þe seide John, and his seide tenauntis, dar not menure þaire cattell, nor tille þeire londe, but as compellid for drede hath leide downe .viij. plowes, and the seide Thomas in like wise hath leide downe .ij. plowes; where appon þe seide John, many tymes hath made diverse meenes and tretice, for to have pees wiþ þe seide Phelip, unto þe which þere can no personne bi any raisounable wey that can be devised make þe same Phelip to enclyne; wherefore þe seide John, also hath sued diverse lettres of þe kyngs privee seal, for to have made the saide Phelip to have apperid bifore the kyngs counseill at a certeyne dai, under grevous and grete peynes, which he hath obstinatly disobeyed at al tymes, so that the seide John can not see nor fynde no wey bi lawe nor othre wise, for to have þis open and ryoteux wrong and oppressioun remedied, unto the verry and utterest undoyng of the same John, and his saide tenauntis: the which Phelip is lawefully endited and outlawed, of diverse murdris, felonies, and trespasses in the countees of Staff' and Salop above saide, and of oþere grete injuries, oppressions, extorcions, riots and wrongs manyfold, which þe seide Phelip of long tyme hath contynuelly don in the seide counte of Salop, and yut daily doth. To the most worthy and right discreet commons of this present parliament; John Stuche of Shropshire humbly beseeches: whereas one Thomas Dunsterville of the same county, for his title and right in certain lands and tenements in the town of Spoonley in Shropshire, sued assize of novel disseisin against one Philip Eggerton late of Spoonley aforesaid, which assize pending undiscussed, the same Philip many times desired that the said John make the said Thomas, because he is his cousin, release to the same Philip all his said right and title in the said lands and tenements. And whereas the said Thomas would not release his said right and title in the same lands and tenements [col. b] to the said Philip, the said Philip, for that reason and no other, has continually made war against the said John for five years, often lying in wait to slay him and his tenants, servants and cousins, and has beaten and maimed many of them, and driven the said John and others out of country with great riots of the people of the said county of Cheshire, and has broken into various houses since the recovery of the said lands by the said assize against him and burnt some of them; so that the said John, and his said tenants do not dare to graze their cattle or till their land, but have been forced by fear to lay down eight ploughs, and the said Thomas likewise has laid down two ploughs; whereupon the said John often has made various means in order to have peace with the said Philip, but no person, by any reasonable way that can be devised, can make the same Philip to incline; wherefore the said John also has sued various letters of the king's privy seal in order to make the said Philip appear before the king's council on a certain day, under grievous and great pains, which he has obstinately disobeyed at all times, so that the said John cannot see nor find any way by law or otherwise to have this open and riotous wrong and oppression remedied, to the very and uttermost undoing of the same John and his said tenants. The which Philip is lawfully indicted and outlawed of various murders, felonies and trespasses in the counties of Staffordshire and Shropshire aforesaid, and of other great injuries, oppressions, extortion, riots and manifold wrongs which the said Philip has continually committed for a long time in the said county of Shropshire, and still commits daily.
Please it unto youre wise discrecions to considre þis aforeseide, and þere uppon to pray þe kyng oure sovereyne lord, to graunt and ordeyne, bi þe assent of þe lordes spirituell and temporell in þis present parlement assembled, and by auctoritee of the same parlement, a writte of proclamacion oute of his chauncerie, to be directid to his sheref of his shire of Salop for þe tyme beyng, retournable at a certeyne dai, conteynyng fro the date of the same writte the space of .ij. monethes oþere more, to do proclayme in .ij. pleyne countees, to be holden in the same shire of Salop, mesne bitwene þe date of þe seide writte, and þe dai of þe retourne þere of, þat þe seide Phelip in his propre person appere bifore our seide sovereyn lord, at the dai þat þe same writte shall be retournable before hym, where so ever he be in Englond, in presence of his justices, to the plees before hym to be holden assigned, to answere to þe seide orrible murdris, felonyes, outlaweries, wrongs, trespasses, assautis and pppressions; with severall writtis directid to the justices of pees of þe seide shires, to certiefie at þat dai bifore our seide sovereyn lord, in þe seide presence, alle enditementis of murdre, felony, and trespas, with all þe dependaunces of þe same, and all outlaweries uppon hym pronownced of the same, in the seide shires of Staff' and Salop. And yif at þat dai þe same writte bifore hym be retourned, and þe saide proclamacion in the fourme aboveseide bi þe seide sheref certiefied, and the same Phelip at þat day solempnely called, appere not bifore oure seide sovereyn lord, in presence of his justices, to the plees bifore hym to be holden assigned, and þat defaute þerefore recorded; that thenne þe seide Phelip, stand as atteint of high treason bi the seide anctorite, and suche execucion of lawe to be doon uppon hym, as ought to be don uppon hym that is atteint of high treson, don ayenst þe kyngs estat, corone, and dignite; savyng alwey unto þe lordes of whom his londes ben holden, the eschete of the same: and yif [p. te-v-18][col. a] þe seide sheref of Salop for the tyme beyng, dueli execute not the seide writte, and he þereof be convict, that thenne he pay to oure seide sovereyne lord an .c.li., and make fyne and raunsom atte his wille. And that bi lettres of privee seele of oure seide sovereyn lord, hit be commaundid to certeyne persones by hym to be named, to take the seide Phelip, where ever he may be founde with ynne the roialme of Englond, other with ynne Wales, to bryng and have his body bifore oure seide soverein lord, where so ever he be in Englond, in presence of his seide justices; and yif bi force of the same lettres of pryvee seel, other bi writte, oþer bi oþer warrant, þe same Phelip be taken and brought bi fore oure sovereyne lord, in presence of his seide justices, aftir þe seide defaute uppon hym recorded, þat þenne þe seide execucion be don uppon hym; and yif at the day of the seide writte of proclamacion retournable, the seide Phelip appere bifore oure seide sovereine lord, in presence of his seide justices, þat þenne he be commytted to the kynges prison, into the ward of the merchall of his merchalsye, bi fore hym selfe, and þere to abide, to answere bi fore oure seide sovereyne lord to þe seide enditementis and outlaweries; and yif he voide þe seide outlaweryes, or in eny wyse be acquitte other discharged of the seide murdris, felonies and trespasses, uppon the seide enditementis, þat yutte he abide still in the seide prison, in to þe tyme he have founde sufficiaunt sieurtee of þe kyng is pees, to be kept ayenst al þe kyngs lieges; and þat þe seide suppliaunt may have his accion agayne the same Phelip, bi bill bi fore oure seide sovereyne lord, of alle the seide trespasses and wronges to hym don, and of all other thinges, as uppon hym þat is in the seide prison; and þat more over he be not delyvered oute of the same prisone, into the tyme he have founde sufficiaunt sieurtee aftir the discretion of oure seide sovereyne lord, to answere to the seide sute bi bill, and to appere þereto at every dai in his propre person, into þe tyme þe jugement be yeve þere uppon, and the execucion sued þere uppon: and yif the merchall of the seide merchalsye for the tyme beyng, suffre the seide Phelip so commytted to hym to eschape, that thenne the seide merchall pay to oure seide sovereine lord, the sum of a .m.li. May it please your wise discretion to consider this aforesaid matter, and thereupon to request that the king our sovereign lord grant and ordain, with the assent of the lords spiritual and temporal assembled in this present parliament, and by the authority of the same parliament, a writ of proclamation out of his chancery, to be directed to his sheriff of Shropshire at the time, returnable on a certain day, which is at least two months of more from the date of the same writ, to proclaim in two full county courts to be held in the same county of Shropshire, midway between the date of the said writ and the day of the return thereof, that the said Philip appear in his own person before our said sovereign lord on the day that the same writ shall be returnable before him, wherever he shall be in England, in presence of his justices, at the pleas assigned to be held before him, to answer to the said horrible murders, felonies, outlawries, wrongs, trespasses, assaults and oppressions; with several writs directed to the justices of the peace of the said counties to certify on that day before our said sovereign lord, in the said presence, all indictments of murder, felony and trespass with all the dependencies of the same, and all outlawries pronounced upon him of the same in the said counties of Staffordshire and Shropshire. And if on that day the same writ is returned before him, and the said proclamation is certified in the aforesaid form by the said sheriff, and the same Philip, having been solemnly called, does not appear on that day before our said sovereign lord, in presence of his justices, at the pleas assigned to be held before him, and that default is therefore recorded, that then the said Philip shall stand attainted of high treason by the said authority, and such execution of law shall be done upon him as ought to be done to one who is attainted of high treason committed against the kings estate, crown, and dignity; saving always to the lords of whom his lands are held the escheat of the same. And if [p. tr-v-18][col. a] the said sheriff of Shropshire at the time does not duly execute the said writ, and he is convicted thereof, that then he shall pay to our said sovereign lord £100 and make fine and ransom at his will. And that by our said sovereign lord's letters of privy seal it shall be commanded that certain persons to be named by him shall take the said Philip, wherever he may be found within the realm of England or within Wales, and shall bring his body before our said sovereign lord, wherever he shall be in England, in presence of his said justices. And if, by force of the same letters of privy seal or by writ or by other warrant, the same Philip is taken and brought before our sovereign lord, in presence of his said justices, after the said default is recorded upon him, that then the said execution shall be done on him. And if on the day on which the said writ of proclamation is returnable the said Philip appears before our said sovereign lord, in presence of his said justices, that then he shall be committed to the king's prison, into the ward of the marshal of his marshalcy before the marshal himself, and he shall abide there, to answer before our said sovereign lord to the said indictments and outlawries. And if he void the said outlawries, or in any way is acquitted or discharged of the said murders, felonies and trespasses on the said indictments, that yet he shall abide still in the said prison until the time he has found sufficient surety of the king's peace, to be kept against all the king's lieges. And that the said supplicant may have his action against the same Philip by bill before our said sovereign lord of all the said trespasses and wrongs done to him, and of all other things, as on he who is in the said prison. And that moreover that he shall not be delivered out of the same prison until the time he has found sufficient surety, at the discretion of our said sovereign lord, to answer to the said suit by bill and to appear thereto every day in his own person, until the time the judgement is given thereupon and the execution sued thereupon. And if the marshal of the said marshalcy at the time allows the said Philip thus committed to him to escape, that then the said marshal shall pay the sum of £1000 to our said sovereign lord.
Qua quidem peticione in parliamento predicto lecta, audita et plenius intellecta, de avisamento et assensu predictis, respondebatur eidem in forma subsequenci: Which petition having been read, heard and fully understood in the aforesaid parliament, with the aforesaid advice and assent, this answer was given to it in the form following:
Le roi le voet. (fn. v-3-314-1) The king wills it. (fn. v-3-314-1)
[memb. 8]
< Pro hominibus de Plymmouthe. > On behalf of the people of Plymouth.
32. Item, quedam alia peticio exhibita fuit eidem domino regi, in parliamento predicto, per prefatos communes, pro hominibus ville de Plymmouth ac aliis personis in eadem peticione specificatis, in hec verba: 32. Item, another petition was presented to the same lord king in the aforesaid parliament by the aforesaid commons on behalf of the people of the town of Plymouth and other persons specified in the same petition, in these words:
Supplicat vestre regie celsitudini, communitas totius regni vestri Anglie, in presenti parliamento vestro congregata: quod cum villa de Sutton Pryour et decenna de Sutton Raf, ac parcella hameletti de Sutton Vautort, que villa, decenna et parcella, vulgariter nuncupantur Plymmouth, ac quedam parcella decenne de compton, infra comitatum Devon', tam prope litus et costeras maris situate existant, ac tanta et tam magna et communis applicatio classium, navium et vasorum, tam inimicorum quam aliorum, in portu ejusdem ville, decenne, parcellis hameletti et decenne de Compton adjacente, de tempore in tempus habeatur, quod villa, decenna et parcelle predicte, ante hec tempora multociens in magna parte earumdem, ob defectum clausure sive muracionis earumdem, temporibus inclitorum progenitorum vestrorum, sepius combuste et destructe; necnon habitatores earumdem, de bonis et catallis suis nocte dieque spoliati, multique eorumdem habitatorum per eosdem [col. b] inimicos ad partes exteras educti, ibidem, quousque fines et redempciones fecerunt, diris carceribus miserabiliter mancipati extiterint; aliaque < mala > deperdita et incommoda non modica eisdem ville, decenne et parcellis hameletti et decenne, ac habitatoribus eorumdem, tempore transacto multotiens evenerunt, multoque majora ibidem imposterum evenire formidantur, nisi relevamini, fortificacioni et melioracioni ville, decenne et parcellarum predictarum citius remedium provideatur oportunum. Super quo, premissis consideratis, vestra dignetur regia celsitudo prelibata, de consensu et assensu dominorum spiritualium et temporalium, ac communitatis regni vestri Anglie, in presenti parliamento existentium, auctoritate ejusdem parliamenti, pro malitie inimicorum vestrorum ibidem indies applicantium resistentia, ac salvacione ville, decenne et parcellarum predictarum, et ut habitatores earumdem se citius quo villa, decenna et parcelle predicte firmentur, includantur et fortificentur, melius, quietius et securius ibidem residere et permanere valeant; ordinare et stabilire, quod villa, decenna et parcelle predicte, sint de cetero liber burgus, incorporatus de uno majore, et una communitate perpetua, et burgus de Plymmouth pro perpetuo nuncupetur; iidemque major et communitas, sint unum corpus perpetuum in re et nomine, et habeant successionem perpetuam, ac major et communitas burgi de Plymmouth cunctis futuris temporibus nominentur, et sint persone habiles, et in lege capaces ad perquirendum sibi, heredibus et successoribus suis, in feodo et perpetuitate, seu ad terminum vite vel annorum, aut in alio statu quocumque, terras, tenementa, redditus, reversiones, possessiones et hereditamenta quecumque, de quibuscumque personis; habeantque commune sigillum, et per nomen majoris et communitatis de Plymmouth, in quibuscumque curiis vestris, heredum et successorum vestrorum, et aliorum quorumcumque, et coram quibuscumque cumque Judicibus, et in accionibus quibuscumque, placitare valeant, et implacitari. Et quod burgus predictus, per metas et bundas semper consistat subscriptas, videlicet, inter montem vocatem Wynrigg, per ripam de Sourpole, versus boriam, usque < ad > le grete dyche alias dictus le grate diche, et exinde iterum versus boriam, ad Stokedamarleflete, et abinde per litus ejusdem flete, usque ad Millebrokebrigge inclusive, et deinde versus orientem, per le Middlediche de Houndescom, usque ad Houndescombrigge inclusive, et abinde usque ad Thornhilpark exclusive, et deinde usque ad Lypstonbrigge inclusive, et abinde per litus maris continue usque ad le Lare, ad le Caae de Hyngston Fysshtorre et Estkyng, et abinde usque dictum montem de Wynrigge, sicut mete et bunde undique erecte et fixe plenius et apertius demonstrant. Et quod predicti major et communitas, et successores sui, burgum illum habeant et teneant sibi, heredibus et successoribus suis predictis, de vobis, heredibus et successoribus vestris, ad feodi firmam. Reddendo inde annuatim quadraginta solidos ad scaccarium vestrum, et heredum vestrorum, ad terminos Pasche et Sancti Michaelis equaliter. Ac quod predicti major et communitas, heredes et successores sui, burgum predictum firmare et muris lapideis includere et circuire, et turres in eisdem muris pro fortificacione et defensione ejusdem burgi de novo construere et edificare, necnon eofdem muros et turres kernellare et batellare valeant licite et impune. Et quod dignetur vestra regalis magestas, Willelmum Ketrich, unum probiorum et magis discretorum hominum, infra metas et bundas predictas jam commorantium, in majorem burgi predicti creare et perficere; qui major burgi illius, usque festum Sancti Michaelis proximo futurum, ad eundem burgum bene et fideliter regendum et gubernandum existat. Et ulterius vestre regie celsitudini predicte placeat, de vestra gratia speciali, prefatis majori et communitati, [p. te-v-19][col. a] auctoritate parliamenti predicti, graciose concedere, quod ipsi quolibet anno, in festo Sancti Lamberti martiris et episcopi, quandam personam de se ipsis, juxta corum sanas discretiones magis idoneam et discretam, pro sana et salubri gubernacione burgi illius, pro uno anno integro, in majorem ejusdem burgi eligere, et ipsum in festo Sancti Michaelis tunc proximo sequento, in ejusdem burgi majorem perficere possint. Et si predictus Willelmus, per vos in majorem burgi predicti creatus et perfectus, ante festum Sancti Michaelis proximo jam futurum, aut aliquis successorum suorum futurorum majorum ejusdem burgi, durante officio majoratus sui, decesserit, cut burgum illum minus juste aut incommode rexerit et gubernaverit, per quod dicta communitas, ipsum ab officio illo pro utilitate ejusdem burgi, aut rei publice merito censerit ammovendum; tunc eadem communitas, ipsum majorem sic delinquentem, ab officio majoratus ammovere, aliumque idoneum de se ipsis. Loco majoris sic decedentis aut delinquentis, ad idem officium eligere valeant et perficere in majorem; et sic totiens quotiens aliquis majorum burgi predicti ut prefertur decesserit, aut burgum illum minus juste vel incommode rexerit aut gubernaverit; ac quod hujusmodi major sic de novo eleccus et perfectus, sit major ejusdem burgi usque festum Sancti Michaelis tunc proximo sequentem, nisi consimiliter in officio illo fecerit quo ab eodem officio merito fuerit ammovendus. Et quod quilibet per dictam communitatem ad officium majoratus burgi predicti imposterum eligendus, et in festo Sancti Michaelis per dictam communitatem in majorem dicti burgi perficiendus, antequam officium ejusdem majoratus suscipiat, in guyhalda burgi predicti, coram communitate ejusdem, necnon coram priore de Plympton qui pro tempore fuerit, vel in ejus absencia, coram senescallo terrarum aut hospitii suorum, si idem prior vel senescallus suus predictus ibidem in eodem festo Sancti Michaelis, ante horam undecimam diei ejusdem festi, presens fore voluerit, alioquin coram dicta communitate tamen, presentia ipsius prioris aut senescalli sui ulterius illa vice non expectata, sacrum ad burgum illum bene, fideliter ac indifferenter regendo et gubernando; necnon ad omnia et singula ariticulos, redditus et appunctuamenta in presenti supplicacione contenta et specificata, priorem et conventum de Plympton concernencia, debite observanda, tenenda, solvenda et perimplenda, dum sic in officio majoratus hujusmodi steterit, prestet corporale. Et quod quilibet in majorem burgi predicti, post mortem aut ammocionem alicujus inde majoris, in forma predicta perficiendus, antequam officium majoratus hujusmodi suscipiat, in presencia, loco, forma et ordine superius limitatis, in die quem communitas dicti burgi ad hoc tunc limitaverit, debita premunicione priori de Plympton, qui adtunc fuerit ad prioratum suum, aut conventui ejusdem prioratus, in ejusdem prioris absencia, per tres dies ante diem sic limitatum facta, consimile sacramentum prestet corporale, ut predictum est. Et quod iidem major et communitas, heredes et successores sui, pro bono publico burgi predicti, burgenses ejusdem burgi, quotiens sibi placuerit, de tempore in tempus facere valeant et creare, auctoritate parliamenti supradicti. Et quod iidem major et communitas, habeant et teneant sibi, heredibus et successoribus suis, auctoritat hujus parliamenti, omnimoda terre, tenementa, redditus, servicia, molendina vocata Surpole Mylles, possessiones, ferias, nundinas, mercata, curias, franchesias, libertates, visus franciplegii, privilegia, ac alia proficua et emolumenta, temporalia et secularia, que fuerunt et nunc sunt prefatorum prioris et conventus, ut de jure ecclesie sue predicte, infra limites, metas et bundas predictas; ac infra dictum burgum de Plymmouth: salvis semper, exceptis et reservatis, prefatis priori et conventui, et successoribus suis, tribus mesuagiis et tribus gardinis eisdem mesuagiis adjacentibus, [col. b] cum eorum pertinenciis, situatis in predicto burgo de Plymmouthe, quoram unum mesuagium situatur inter tenementum Johannis Jaybien in orientali parte, et tenementum Johannis Snellyng in occidentali parte, et terram heredis Rogeri Goold, ac terram prefati Johannis Jaybien in australi parte, et regiam viam vocatam Bylleburystrete in parte boriali. Et aliud mesuagium, jacet inter tenementum Thome Piers in orientali parte, et tenementum Willelmi Myleton in occidentali parte, et gardinum Willelmi Venour in boriali parte, et altam viam regiam vocatam Notestrete in australi parte. Ac tertium mesuagium, situatur inter tenementum Vincentii Hagge in parte orientali, et toft nuper Johannis Piers in parte occidentali, et tenementum Walteri Whytelegh in parte boriali, et regiam viam vocatam Stilmanstrete in parte australi. Salvis eciam, exceptis et reservatis, eisdem priori et conventui, et successoribus suis imperpetuum, tam advocacione ecclesie de Plymmouth', quondam vocata Sutton, quam ecclesiam in proprios usus habent et tenent, quam advocacione vicarie ejusdem ecclesie, ac quibuscumque decimis, oblacionibus, obvencionibus, emolumentis, rebus, juribus et proficuis, eidem ecclesie de Plymmouth qualitercumque spectantibus sive pertinentibus. Et quod predicta tria mesuagia sint imperpetuum extra franchesiam, libertatem et jurisdiccionem dictorum majoris et communitatis, ac dicti burgi de Plymmouth, et non parcellam ejusdem. Et quod dicti prior et conventus, et successores sui, ac eorum tenentes mesuagiorum predictorum, quovis modo imposterum non sint onerabiles, onerati nec taxati, ad aliquod onus, solucionem, exaccionem seu imposicionem quamcumque, cum burgensibus et inhabitantibus in dicto burgo de Plymmouth; set a solutione, exaccione et impositione alicujus oneris per dictos burgenses et inhabitantes solvenda aut portanda, sint quieti et exonerati imperpetuum: salvis eciam, eisdem priori et conventui, et successoribus suis, insula vocata Seint Nicholas Ilond, ac omnibus terris, tenementis et possessionibus suis, infra parochiam de Makre existentibus, cum omnibus pertinenciis et commoditatibus eisdem spectantibus, ac quibuscumque proficuis et avantagiis super aliqua eorumdem imposterum accidentibus five contingentibus: de quibus insula, terris, tenementis, possessionibus, proficuis et commoditatibus, prefati major et communitas, et eorum successores, seu eorum aliquis, quovis modo se non intromittent. Proviso semper, quod si aliquis pro felonia seu proditione fugerit in aliquem locum infra dicta tria mesuagia et gardina, seu ibidem permanserit, quod tunc bene liceat prefato majori, ac servientibus et ministris suis dicti burgi de Plymmouth pro tempore existentibus, in eadem mesuagia et gardina intrare, et illum sic ad aliquem locum infra cadem mesuagia et gardina ex causa predicta fugientem vel ibidem ex eadem causa permanentem capere, arestare et ad gaolam vestram in comitatu predicto ducere et cariare. Proviso eciam et ordinatum, quod dicti prior et conventus, ac eorum successores, ministri, servientes, officiarii et familiares eorumdem prioris et conventus, ac ejusdem prioris, et successorum suorum, libere possint venire ad dictum burgum de Plymmouth, ac singula loca infra metas, libertatem et jurisdiccionem ejusdem, cum quibuscumque suis vectilibus, carectis, summagiis et cariagiis; ac cum omnibus bonis, catallis, victualibus et mercandisis predicti prioris, et successorum suorum, ac eorumdem servientum, officiarum, ministrorum et familiarium suorum, et successorum suorum pro tempore existencium, et bona et catalla sua quecumque ibidem vendere, ac alia bona, catalla et mercimonia ibidem emere, sine aliquo tolneto, custuma, pycagio, pavagio, porttagio, muragio, stallagio, ac quibuscumque aliis oneribus, exaccionibus, imposicionibus et demandis, eisdem majori et communitate, aut successoribus suis solvenda, ex causa quacumque nunc imposita existenti seu imposterum futuro et imponendam, seu per vos vel heredes vestros imposterum [p. te-v-20][col. a] concedendam. Et quod iidem prior et conventus, et successores sui, ac ministri, familiares, officiarii et servientes eorumdem, et successorum suorum, sint quieti imperpetuum et exonerati, infra dictum burgum, procinctum et jurisdiccionem ejusdem, de quibuscumque teoloniis, exaccionibus et oneribus supradictis, eisdem majori et communitati, et successoribus suis, ac eorum ministris solvendis. Proviso eciam et ordinato, quod nec prefati prior et conventus, nec eorum successores, nec familiares, servientes, officiarii, ministri, nec homines aut servientes eorumdem pro tempore existentes, quovis modo implbacitabuntur ex causa quacumque, coram majore dicti burgi de Plymmouth, nec successoribus suis, nec aliquibus ministris dictorum majoris et communitatis, et successorum suorum, nec per eorum corpora attachientur seu imprisonentur, aut per eorum bona et catalla distringantur seu attachientur, per ministros aliquos eorumdem majoris et communitatis, aut successorum suorum, ad respondendos aliquibus de populo vestro, virtute aliquarum querelarum, billarum, materiarum seu causarum affirmatarum, prosecutarum, seu affirmandarum, coram eisdem majore, et successoribus suis, aut eorumdem majoris et communitatis ministris quibuscumque qui pro tempore fuerint, nec virtute aliquarum presentacionum seu indictamentorum captorum coram eisdem majore, et successoribus suis, aut aliquibus officiariis, senescallis vel ballivis eorumdem majoris et communitatis, et successorum suorum, in aliquibus curiis, visibus franciplegii seu hundredis infra burgum predictum tentorum seu tenendorum; set ab omni jurisdiccione, potestate, arestacione et cohercione eorumdem majoris et communitatis, et successorum suorum, penitus sint exonerati, quieti et exempti imperpetuum. Et quod nec iidem prior et conventus, nec successores sui, nec eorum familiares, servientes, officiarii, ministri, nec homines eorumdem, seu tenentes trium mesuagiorum predictorum pro tempore existentes, quovis modo distringantur aut compellantur, ad faciendam aliquam sectam ad curias aliquas, coram dicto majore, et successoribus suis, aut ministris suis, infra burgum predictum, nec ad aliquos visus franciplegii aut hundreda infra eundem burgum tenendos. Et si coram eisdem majore, et successoribus suis, aut aliquibus ministris ipsorum majoris et communitatis, et successorum suorum pro tempore existentibus, in contrarium hujus ordinacionis aliquid fiat, procedatur seu attemptetur, contra prefatos priorem et conventum, aut successores suos, aut eorum familiares, servientes, officiaros, ministros, aut homines eorumdem, seu tenentes trium mesuagiorum predictorum pro tempore existentes; quod tunc processus ille ipso jure sit nullus, ac ut processus coram non judice factum habeatur. Et quod dicti prior et conventus, et eorum successores, ac eorum familiares, servientes, officiarii, ministri, et homines eorumdem pro tempore existentes, possint implacitare dictos majorem et communitatem, et successores suos, ac quoscumque burgenses burgi predicti pro tempore existentes, et alios quoscumque, coram vobis, et heredibus vestris, ac in quibuscumque curiis vestris, et heredum vestrorum, pro quacumque re et causa infra dictum burgum emergente, aliqua franchesia, libertate et jurisdiccione eisdem majori et communitati, aut eorum successoribus, per vos aut heredes vestros imposterum concedenda non obstantibus. Et ulterius, auctoritate predicta, sit ordinatum et stabilitum, quod dicti major et communitas, et eorum successores imperpetuum, reddent et solvent prefatis priori et conventui, et eorum successoribus in prioratu predicto, annuatim, a festo Sancti Michaelis Archangeli ultimo preterito, .xli.li., ad quatuor anni terminos, videlicet, ad festa natalis Domini, Pasche, nativitatis Sancti Johannis Baptiste, et Sancti Michaelis Archangeli, per equales porciones: et si idem redditus .xli.li. vel ejus aliqua pars a retro fuerit non soluta prefatis priori et conventui, aut eorum successoribus, per .xv. dies post aliquem terminum solucionis [col. b] supradictum, quod tunc bene liceat eisdem priori et conventui, et successoribus suis, et eorum ministris, distringere in dicto burgo de Plymmouth et nomine districcionis capere omnia bona et catalla dict' majoris et communitatis, et quorumcumque burgensium burgi illius, et aliorum in eodem residentium et commorantium, infra eundem burgum et procinctum ejusdem inventa; et quamcumque inde parcellam et districciones illas sic captas, abinde asportare, abducere, imparcare et retinere in quocumque loco eis placuerit, quousque eis de redditibus sic aretro existentibus plenarie fuerit satisfactum. Et si contingat dictum redditum, vel aliquam ejus parcellam, aretro esse non solutum per sex septimanas post aliquem terminum solutionis supradictum, vel si iidem major et communitas, aut aliquis burgensis burgi predicti, aut aliquis ibidem residens et commorans, aliquas districciones pro redditu predicto sic aretro existenti captas replegiaverint vel replegiaverit, aut rescussum inde fecerint vel fecerit, quod tunc iidem major et communitas, et successores sui, solvent et reddent prefatis priori et conventui, et successoribus suis, centum solidos, nomine pene, percipiendum tociens quociens contigerit dictum redditum, vel ejus parcellam, aretro esse non solutum per hujusmodi sex septimanas, aut districciones sic captas in forma predicta replegium aut inde rescussum fieri. Et si contigerit dictum redditum, vel ejus parcellam, aretro esse non solutum per unum quarterium anni post aliquem terminum solucionis supradictum, quod tunc iidem major et communitas, et successores sui, solvent prefatis priori et conventui, et eorum successoribus, .x.li., nomine pene, solvendas eis tociens quociens contigerit eundem redditum, vel ejus parcellam, aretro esse non solutum per hujusmodi quarterium anni post aliquem terminum solucionis supradictum. Et bene liceat eisdem priori et conventui, et successoribus suis, distringere infradictum burgum et procinctum ejusdem in forma predicta, tam pro redditu illo sic aretro existenti, quam pro predicta .c. s., necnon pro predictis .x.li., nomine pene in forma supradicta solvendas: et si contingat dictum redditum, vel ejus aliquam parcellam, aretro esse non solutum per unum annum integrum post aliquem terminum solucionis supradictum, quod tunc iidem major et communitas, et successores sui, solvent et reddent annuatim imperpetuum, dictis priori et conventui, et successoribus suis in prioratu predicto, ad terminos supradictos, .xx.li. ultra dictum annum redditum .xli.li., et sic in toto per annum LXIli. imperpetuum tunc solvendas. Et si contingat eundem redditum .lxi.li., vel ejus aliquam parcellam, in forma supradicta aretro esse non solutum per sex septimanas post aliquem terminum solucionis ejusdem, quod tunc iidem major et communitas, heredes et successores sui, solvent eisdem priori et conventui, et successoribus suis, centum solidos, nomine pene, habendos et percipiendos eisdem priori et conventui, et successoribus suis, tociens quociens contigerit aliquam parcellam ejusdem redditus sexaginta et unius librarum aretro esse non solutam per hujusmodi sex septimanas. Et quod bene liceat eisdem priori et conventui, et successoribus suis, distringere in forma predicta, infra burgum predictum et procinctum ejusdem, pro redditu illo sic aretro existenti, ac pro eisdem .c. s. nomine pene solvendis. Et quod ulterius, auctoritate supradicta, sit ordinatum et stabilitum, quod dicti prior et conventus, et eorum successores, gaudere, habere et optinere possint, omnes predicta redditus et penas, in forma predicta, eis et eorum successoribus in forma predicta concessa, secundum modum, formam et condicionem superius expressata, aliquibus statutis aut ordinacionibus in contrarium factis in aliquo non obstantibus. Et quod eadem auctoriate, breve vestrum, et heredum vestrorum, de fieri facias, ad prosecucionem dicti prioris, et successorum suorum, emanare posset et debeat de scaccario vestro, et heredum vestrorum, tociens quociens eisdem priori, et successoribus, videbitur expediens et oportunum, [p. te-v-21][col. a] dirigendum vicecomiti Devon' pro tempore existenti, eidem vicecomiti precipiendum, quod non omittat, propter aliquam libertatem, quin idem vicecomes fieri et levari faciat, de terris et catallis dictorum majoris et communitatis, et cujuslibet burgensis burgi illius, et quorumcumque aliorum residencium et commorancium infra eundem burgum, denarios quos de redditu aut penis predictis in futurum aretro fore contigerit, et denarios illos predicto priori qui adtunc fuerit deliberet, nisi iidem major et communitas, et successores sui, eidem vicecomiti monstraverint sufficientes aquietancias, sub sigillo ejusdem prioris, de solucione eorumdem denariorum sic aretro fore suppositorum; et quamvis imposterum ex aliqua causa emergente contingat dictum burgum de Plymmouth', vel dictas franchesias, libertates aut possessiones, dictorum majoris et communitatis, aut successorum suorum, vel aliquam eorum parcellam, capi vel seisiri in manus vestras, vel heredum vestrorum, quod eisdem capcione et seisina non obstantibus, dicti redditus et pene in forma et condicione predictis sint bene et fideliter persolut, dictis priori et conventui, et successoribus suis, ad terminos et locum supradictos. Proviso semper, quod omnes homines et tenentes dictorum prioris et conventus, et successorum suorum, pro tempore existentium, libere possint infra dictum burgum de Plymmouth et procinctum ejusdem emere seu vendere, omnia bona, catalla, mercimonia et mercandisas omnimoda ad opus et usum eorum proprium, sine tolloneo, custuma, picagio, pavagio, stallagio, muragio, et ab omni tali exaccione, imposicione et inquietacione in forma predicta quieti sint et exonerati imperpetuum. Et preterea, cum abbas de Bokelond, in predicto comitatu Devon', seisitus existat in dominico suo ut de feodo, et jure ecclesie sue Beate Marie de Bokelond, de hundredo de Rouburgh cum pertinenciis, infra quod hundredum predicte villa de Sutton' priour, decenna de Sutton' Raf, parcella hameletti sive decenne de Sutton' Vautort, et parcella decenne de Compton', que modo faciunt predictum burgum de Plymmouth, existunt et a toto tempore cujus contrarii memoria hominum non existit, fuerunt parcelle ejusdem hundredi: dignetur jam vestra regia celsitudo, auctoritate presentis parliamenti, concedere et ordinare, quod amodo predicti major et communitas, habeant sibi, heredibus et successoribus suis imperpetuum, omnimoda jura, libertates, franchesias, jurisdicciones, potestates, hereditamenta et alia quecumque proficua, que predictus abbas infra procinctum predicti burgi habet aut habere debuit, ut in jure ecclesie sue predicte quoquo modo. Et quod predicti major et communitas, habeant sibi, heredibus et successoribus suis, curiam suam semel in quolibet mense, cum idem major eam assignare voluerit, coram eodem majore, in guyhalda ejusdem burgi tenendam. Et quod in curia illa, omnes defectus, excessus, transgressiones, articuli, visus franciplegii, ceteraque omnia que infra procinctum dicti burgi fient et accident in futurum, et que in aliquibus curiis predicti abbatis infra hundredum predictum tenendis presentari, emendari, corrigi aut puniri debuerunt, si presentis parliamenti auctoritas non fuisset, in predicta curia, coram predicto majore ut predicitur tenenda, decetero presententur, emendentur, corrigantur et puniantur, eisdem mediis, viis, modis et formis quibus in predicta curia predicti abbatis presentari, emendari, corrigi et puniri debuerunt aut consueveruht. Et quod omnes qui racione terrarum et tenementorum, aut possessionum suarum, infra procinctum dicti burgi existentium, aut racione residentie sue infra eundem procinctum, sectam, servicium, prestacionem, redditum certum, aut quodvis aliud commodum ad aliquas predictarum curiarum predicti abbatis facere, reddere, solvere aut presentare debuerunt, imposterum eadem sectam, servicium, [memb. 7] prestacionem, redditum et commodum ad predictas curias predictorum majoris et communitatis, heredum et successorum suorum, faciant, reddant, solvant et presentant imperpetuum. Salvis semper et reservatis, [col. b] predicto abbati et successoribus suis, auctoritate predicta, omnibus juribus, franchesiis, libertatibus, commoditatibus, jurisdiccionibus, potestatibus, hereditamentis et proficuis suis quibuscumque, in toto residuo hundredi sui predicti, extra procinctum burgi predicti existenti, sicut idem abbas ante hec tempora ea habuit et habere debuit. Et dignetur vestra celsitudo, auctoritate predicta ordinare, quod predicti major et communitas, heredes et successores sui imperpetuum, reddant et solvant apud Bathe in comitatu Somers', Willelmo priori de Bathe, et successoribus suis, decem marcas annuatim, ad festa Pasche et Sancti Michaelis Archangeli, per equales porciones. Et si contingat easdem mecem marcas annuas, aut aliquam inde parcellam, aretro fore infuturum, ad aliquod festum festorum predictorum, extunc bene liceat eidem priori de Bathe, et successoribus suis, in toto predicto burgo, per omnia bona et catalla in eodem inventa distringere, et districciones sic captas ubicumque sibi placuerit asportare, abducere et penes se retinere, quousque sibi de omnibus arreragiis predictarum decem marcarum annuarum, una cum omnibus misis et costagiis suis, que occasione non solucionis ejusdem sustinuerunt, plenarie fuerit satisfactum. Et quod idem prior, et successores sui, habeant brevia de scaccario vestro, et heredum vestrorum, de fieri facias, vicecomiti Devon' directum, et in lege sufficienti ad levandum, de terris et catallis omni infra dictum burgum commorancium, singulos denarios quos de predictis decem marcis annuis aretro fore contigerit infuturum, quociens predicto nunc priori, aut successoribus suis, hoc expediens videbitur aut oportunum. Et cum predictus prior de Bathe seisitus jam existat, ut de feodo, et jure ecclesie sue apostolorum Petri et Pauli de Bathe, de advocacione ecclesie parochialis de Baunton in comitatu Devon', quod predictus abbas ecclesie Beate Marie de Bokelond, auctoritate presentis parliamenti, amodo habeat advocacionem illam sibi et successoribus suis imperpetuum. Et quod, eadem auctoritate, liceat sibi et successoribus suis, eandem ecclesiam sibi appropriare, et eam in proprios usus tenere sibi, et successoribus suis imperpetuum, aliquibus statutis incontrarium editis, aut eo quod predictus prioratus de Bathe est de fundacione progenitorum vestrorum, aut de patronatu vestro existat, in aliquo non obstantibus. Salvis semper dictis priori de Bathe, et successoribus suis, omnibus pensionibus et annuitatibus suis, de dicta ecclesia de Baunton, aut de rectoria ejusdem debitis. Et quod predictos abbas, et successores sui, servientes, officiarii, familiares, tenentes, ac ministri ejusdem abbatis, et successorum suorum, de cetero sint exonerati et quieti imperpetuum, de quibuscumque tolnetis, custumis, picagiis, pavagiis, portagiis, pontagiis, muragiis, ac quibuscumque oneribus, exaccionibus et demandis, prefatis majori et communitati, et successoribus suis imposterum solvendis, pro quibuscumque mercandisis, victualibus, seu aliis rebus quibuscumque, per prefatum abbatem, et successores suos, servientes, officiarios, familiares, tenentes, ac ministros ejusdem abbatis, et successorum suorum, infra burgum predictum et libertatem ejusdem, de cetero emendis, vendendis, seu quovis modo providendis, aliquibus concessionibus inde prefatis majori et communitati, per vos seu heredes vestros imposterum concedendis, non obstantibus. Salvis semper et reservatis, vobis, heredibus et successoribus vestris, omnibus possessionibus, libertatibus, franchesiis, jurisdiccionibus, curiis, proficuis, hereditamentis, escaetis, forisfacturis et juribus vestris, ac omnibus ligeis vestris, et heredum vestrorum, omnibus possessionibus, libertatibus, franchesiis, jurisdiccionibus, curiis, proficuis, hereditamentis, foristacturis, escaetis et juribus suis quibuscumque, que in presenti actu prefatis majori et communitati, aut predictis aliis personis in eodem actu nominatis, superius specialiter et expresse non conceduntur. The commons of all your realm of England assembled at your present parliament request your royal highness: whereas the town of Sutton Prior, the tithing of Sutton Raf and part of the hamlet of Sutton Vautort, which town, tithing and part are commonly called Plymouth, and a certain part of the tithing of Compton within the county of Devon, are situated so near to the shore and sea coast, and so great and so large and common a mooring of fleets, ships and vessels of both enemies and others occurred from time to time in the port of the same town, tithing and part of the hamlet and adjacent tithing of Compton, that the aforesaid town, tithing and part, previously in a large part of the same, were often burned and destroyed for default of the enclosure or fortification of the same in the times of your renowned progenitors; and also the inhabitants of the same and their goods and chattels were damaged day and night, and many of the same inhabitants of that place [col. b] were carried away to foreign parts by their enemies, and were miserably committed to fearful prisons until they had made fines and redemption. And a great deal of other serious destruction and misfortune often occurred to the same town, tithing and part of the hamlet and tithing, and the inhabitants of the same in past times, and many major events are feared to take place in the future, unless a suitable remedy is swiftly provided for the alleviation, fortification and improvement of the town, tithing and aforesaid parts. Whereupon, having considered the foregoing, your aforesaid royal highness should deem it worthy, with the consent and assent of the lords spiritual and temporal and the commons of your realm of England being in the present parliament, by the authority of the same parliament, for the resistance of the malice of your enemies who daily moor there, and for the salvation of the aforesaid town, tithing and parts, and so that the inhabitants of the same may strengthen, enclose and fortify more quickly the town, tithing and parts, and be able to live and reside there more comfortably, quietly and securely, to ordain and establish that the aforesaid town, tithing and parts shall henceforth be a free borough, incorporated under one mayor and with one perpetual community, and shall be called the borough of Plymouth forever. And the same mayor and commons shall be one body forever in fact and name, and shall have perpetual succession, and shall be called the mayor and commons of the borough of Plymouth in all future times, and shall be competent persons and able in law to acquire for themselves, their heirs and successors, in fee and perpetuity, or for a term of life or years, or in any other state whatsoever, any lands, tenements, rents, reversions, possessions and hereditaments whatsoever from any persons whatsoever. And they shall have a common seal, and in the name of the mayor and commons of the borough of Plymouth shall be able to plead and implead in any of your courts, and those of your heirs and successors, and of any others whatsoever, and in the presence of any justices whatsoever, and in any action whatsoever. And that the aforesaid borough shall always observe the limits and boundaries below written, namely, between the hill called Wynrigg [unidentified] along the bank of Millbay northward up to the great ditch commonly called the great ditch, and from there again northward to Stoke Damarel fleet, and from there along the shore of the same fleet up to Millbrook bridge inclusively, and from there eastward along the Middeldiche [unidentified] of the Houndiscombe up to the Houndiscombe bridge inclusively, and from there up to Thorn Park exclusively, and from there up to Lipson bridge inclusively, and from there along the sea shore continually up to the Laira, to the quay of Hyngston Fysshtorre [unidentified] and Estkyng [unidentified], and from there up to the said hill of Wynrigge, just as the limits and boundaries erected and affixed on all sides show more fully and openly. And that the aforesaid mayor and commons, their heirs and successors, shall have and hold that borough to themselves and their aforesaid heirs and successors from you, your heirs and successors, as a fee farm, thence rendering 40 s . annually to your exchequer, and that of your heirs, at the terms of Easter and Michaelmas equally. And that the aforesaid mayor and commons, their heirs and successors, can lawfully and without punishment strengthen the aforesaid borough and enclose and surround it with stone walls, and newly construct and build towers in the same walls for the fortification and defence of the same borough, and also crenellate and fortify the same walls and towers. And that your royal majesty shall deem it worthy to create and make William Ketrich, one of the good and very discreet men now residing within the aforesaid limits and boundaries, mayor of the aforesaid borough; which mayor of that borough should well and faithfully rule and govern the same borough until Michaelmas next coming [29 September 1440]. And finally may it please your aforesaid royal highness, of your special grace, graciously to grant to the aforesaid mayor and commons, [p. tr-v-19][col. a] by the authority of the aforesaid parliament, that they themselves, each year at the feast of St Lambert the martyr and bishop [17 September], can elect a certain suitable and discreet person from among themselves as mayor of the same borough, according to their sound discretion, for the sound and beneficial governance of that borough for one whole year, and to make him mayor of the same borough at Michaelmas then next following. And if the aforesaid William, created and appointed mayor of the aforesaid borough by you, before Michaelmas next following, or any of his successors as future mayors of the same borough, should die while in the office of mayoralty, or should rule and govern that borough unjustly and inconveniently, whereby the said commons should propose that he be removed from that office for the benefit of the same borough or for the well-being of public affairs; then the same commons can remove the same inadequate mayor from the office of the mayoralty, and can elect and appoint another suitable person from among themselves to the same office of mayor, in place of the mayor so dying or inadequate; and thus as often as any mayor of the aforesaid borough should die as aforesaid, or should rule or govern that borough unjustly or inconveniently. And that this mayor thus newly elected and appointed should be mayor of the same borough until Michaelmas then next following, unless he should do such things in that office by which he was justly to be removed from that office. And that anyone elected to the office of the mayoralty of the aforesaid borough by the said commons in the future, and appointed mayor of the said borough by the said commons at Michaelmas, before he accepts the office of his mayoralty, should swear a corporal oath to that borough in the guildhall of the aforesaid borough, in the presence of the same commons, and also in the presence of the prior of Plympton at the time or, in his absence, in the presence of the steward of his lands or hospital, if the same prior or his aforesaid steward should wish to be present there at the same Michaelmas before the eleventh hour of the day of the same feast, otherwise in the presence of the said commons only, the presence of the prior himself or his steward not expected beyond that time, to rule and govern well, faithfully and impartially, and also to observe, hold, pay and carry out all and singular the articles, rents and agreements contained and specified in the present request concerning the prior and convent of Plympton while he shall remain thus in the office of the mayoralty. And that anyone appointed mayor of the aforesaid borough, after the death or removal of any mayor thence in the aforesaid form, before he accepts this office of the mayoralty in the presence, place, form and order limited above, on the day on which the commons of the said borough have determined for this, with due warning to the prior of Plympton at the time at his priory, or to the convent of the same prior in the same prior's absence, made three days before the day thus determined, shall in like manner corporally swear an oath, as is aforesaid. And that the same mayor and commons, their heirs and successors, for the public good of the aforesaid borough, shall from time to time, as often as it pleases them, have power to make and create burgesses of the same borough, by the authority of the aforesaid parliament. And that the same mayor and commons should have and hold to themselves, their heirs and successors, by the authority of this parliament, all manner of lands, tenements, rents, services, the mills called Millbay, possessions, fairs, marketplaces, markets, courts, franchises, liberties, views of frankpledge, privileges and other profits and emoluments, temporal and secular, which did and now do belong to the aforesaid prior and convent as by right of their aforesaid church within the aforesaid limits, bounds and boundaries and within the said borough of Plymouth. Always saving, excepting and reserving to the aforesaid prior and convent and their successors three messuages and three gardens adjacent to the same messuages [col. b] with their appurtenances situated in the aforesaid borough of Plymouth, of which one messuage is situated between the tenement of John Jaybien on the east, and the tenement of John Snelling on the west, and the land of the heirs of Roger Goold and the land of the aforesaid John Jaybien on the south and the king's highway called Bilbury Street on the north. And another messuage lies between the tenement of Thomas Piers on the east and the tenement of William Milton on the west and the garden of William Venour on the north and another king's highway called Nutte Street on the south. And the third messuage is situated between the tenement of Vincent Hagge on the east and the toft formerly belonging to John Piers on the west, and the tenement of Walter Whitelegh on the north and the king's highway called Stillman Street on the south. Also saving, excepting and reserving to the same prior and convent and their successors forever, not only the advowson of the church of Plymouth once called Sutton which they have and hold to their own proper use, but also the advowson of the vicarage of the same church and any tithes, oblations, obventions, emoluments, affairs, rights and profits whatsoever belonging or pertaining to the same church of Plymouth in any way whatsoever. And that the aforesaid three messuages shall be forever outside the franchise, liberty and jurisdiction of the said mayor and commons and of the said borough of Plymouth, and not be part of the same. And that the said prior and convent and their successors, and their tenants of the aforesaid messuages, henceforth shall not be liable, charged or taxed in any way whatsoever with any charge, payment, exaction or imposition whatsoever by the burgesses and inhabitants of the said borough of Plymouth, but they shall be quit and exonerated from the payment, exaction and imposition of any charge to be paid or borne by the said burgesses and inhabitants, forever. Also saving to the same prior and convent and their successors the island called Drake's Island and all its lands, tenements and possessions within the parish of Maker with all appurtenances and commodities belonging to the same, and any profits and advantages whatsoever happening or touching on any of the same forever; with which island, lands, tenements, possessions, profits and commodities the aforesaid mayor and commons and their successors, or any of them, shall not concern themselves in any way whatsoever. Provided always that if anyone should flee for felony or treason into any place within the said three messuages and gardens, or remain there, that then it will be lawful for the aforesaid mayor and his servants and officials at the time of the said borough of Plymouth to enter into the same messuages and gardens and to capture and arrest the person thus fleeing to any place within the same messuages and gardens for the aforesaid reasons or remaining there for the same reasons, and to lead and carry them to your jail in the aforesaid county. Also provided and ordained that the said prior and convent and their successors, officials, servants, officers and the household of the same prior and convent, and or the same prior and his successors, shall be able to come freely to the said borough of Plymouth, and to each place within the bounds, liberty and jurisdiction of the same, with any of their wagons, carts, horse-loads and carriages whatsoever, and with all the goods, chattels, victuals and merchandise of the aforesaid prior and his successors, and of their servants, officers, officials and household at the time, and their successors, and to sell any of their goods and chattels whatsoever there, and to buy other goods, chattels and merchandise there, without paying any tolls, customs, pickage, pavage, porterage, murage, stallage and any other charges, exactions, impositions and demands whatsoever to the same mayor and commons or to their successors, except any whatsoever now imposed or to be imposed hereafter in the future, or granted by you or hereafter to be granted by you or your heirs. [p. tr-v-20][col. a] And that the same prior and convent and their successors, and their ministers, household, officers and servants and their successors, shall be forever quit and exonerated within the said borough, precinct and jurisdiction of the same from any of the aforesaid tolls, exactions and charges whatsoever to be paid to the same mayor and commons and their successors and their officials. Provided also, and it is ordained, that neither the aforesaid prior and convent nor their successors, nor their household, servants, officers, official at the time, nor their men or servants, shall be impleaded in any way as a result of any cause whatsoever, in the presence of the mayor of the said borough of Plymouth, or his successors, nor shall their bodies be seised or imprisoned by them, or their goods and chattels distrained or seised by them or by any ministers of the same mayor and convent or their successors, to answer to any of your people, by virtue of any quarrels, bills, matters or causes affirmed, prosecuted or to be affirmed, in the presence of the same mayor and his successors, or any officials whatsoever of the same mayor and commons, nor by virtue of any presentations or indictments taken in the presence of the same mayor and his successors, or any officers, stewards or bailiffs or the same mayor and commons and their successors, in any courts, views of frankpledge or hundreds held or to be held within the aforesaid borough, but they shall be wholly exonerated, quit and exempt forever from all jurisdiction, power, arrest and coercion of the same mayor and commons and their successors. And that neither the same prior and convent nor their successors, nor their household, servants, officers, ministers, nor the same men or the tenants of the aforesaid three tenements at the time, shall in any way be distrained or compelled to make any suit at any court, in the presence of the said mayor or his successors or his ministers within the aforesaid borough, nor to hold any view of frankpledge or hundred within the same borough. And if anything is done, performed or attempted in the presence of the same mayor and his successors or any of the officials of the same mayor and commons at the time and their successors contrary to this ordinance, against the aforesaid prior and convent or their successors or their household, servants, officers, ministers or their men, or the tenants of the aforesaid three messuages at the time, that then that process shall be unlawful and had as a process made unlawfully. And that the said prior and convent and their successors, and their household, servants, officers, officials and their men at the time, shall be able to implead the said mayor and commons and their successors and any burgesses of the aforesaid borough at the time whatsoever, and any others whatsoever, in the presence of you and your heirs and in any of your courts whatsoever, and those of your heirs, for any matter and cause whatsoever occurring within the said borough, notwithstanding any franchise, liberty and jurisdiction of the same mayor and commons or their successors to be granted by you or your successors hereafter. And furthermore, by the aforesaid authority, it shall be ordained and established that the said mayor and commons and their successors forever shall render and pay to the aforesaid prior and convent and their successors in the aforesaid priory annually, from Michaelmas last past, £41 at four terms of the year, namely, at Christmas, Easter, the Nativity of St John the Baptist and Michaelmas by equal portions. And if the same rent of £41 or any part of the same should be in arrears and not paid to the aforesaid prior and convent or their successors for five days after any aforesaid term of payment, [col. b] that then it shall be truly lawful for the same prior and convent and their successors and their ministers to make distraint in the said borough of Plymouth, and in the name of distraint to take all goods and chattels of the said mayor and commons and of any burgess of that borough whatsoever, and of others residing and staying in the same, found within the same borough and the precincts of the same, and any part whatsoever thereof, and to carry off and take away from there those distraints thence taken, and to secure and retain them in whatever place pleases them, until full satisfaction is made to them for the said rent thus in arrears. And if the said rent, or any part thereof, happens to be in arrears and unpaid for six weeks after any aforesaid term of payment, or if the same mayor and commons or any burgess of the aforesaid borough, or anyone residing or staying there, should make replevin of any distraints taken for the aforesaid rents thus being in arrears, or make forcible recovery thereof, that then the same mayor and commons and their successors shall pay and render 100 s . to the aforesaid prior and convent and their successors as penalty, to be taken as often as the said rent, or any part thereof, should happen to be in arrears and unpaid by these six weeks, or distraints thus taken in the aforesaid form replevied or thence rescued. And if the said rent, or any part thereof, should happen to be in arrears and unpaid for one quarter of a year after any aforesaid term of payment, that then the same mayor and commons and their successors should pay £10 to the aforesaid prior and convent and their successors as penalty, to be paid to them as often as the same rent, or any part thereof, should happen to be in arrears and unpaid for this quarter of a year after the aforesaid term of payment. And it shall be truly lawful for the same prior and convent and their successors to make distraint within the said borough and its precincts in the aforesaid terms, both for that rent so being in arrears and for the aforesaid 100 s ., and also for the said £10 to be paid as penalty in the aforesaid terms. And if the said rent, or any part thereof, happens to be in arrears and unpaid for one whole year after any aforesaid term of payment, that then the same mayor and commons and their successors shall pay and render annually forever to the said prior and convent and their successors in the aforesaid priory at the aforesaid term £20 beyond the said annual rent of £41, and thus in total £61 then to be paid each year forever. And if the same rent of £61, or any part thereof, should happen in the aforesaid terms to be in arrears and unpaid for six weeks after any term of payment of the same, that then the same mayor and commons and their successors should pay 100 s . to the same prior and convent and their successors as penalty, to have and receive to the same prior and convent and their successors as often as any part of the same rent of £61 should happen to be in arrears and unpaid for these six weeks. And that it shall be truly lawful for the same prior and convent and their successors to make distraint in the aforesaid terms within the aforesaid borough and its precincts for that rent thus being in arrears and for the same 100 s . to be paid as penalty. And that furthermore, by the aforesaid authority, it shall be ordained and established that the said prior and convent and their successors should be able to use, have and possess all the aforesaid rents and penalties in the aforesaid terms, granted to them and their successors in the aforesaid terms, according to the manner, terms and condition expressed above, notwithstanding any statutes or ordinances made to the contrary in any part. And that, by the same authority, your writ of fieri facias, or that of your heirs, for the prosecution of the said prior and his successors, can and ought to issue from your exchequer, and that of your heirs, as often as seems expedient and opportune to the same prior and successors, [p. tr-v-21][col. a] to be directed to the sheriff of Devon at the time, to be received by the same sheriff, which he should not disregard on account of any liberty, but rather that the same sheriff should cause the money which should happen to be in arrears from the aforesaid rents or penalties in the future to be produced and levied from the lands and chattels of the said mayor and commons, and of each burgess of that borough, and of anyone whatsoever residing and staying within the same borough, and should deliver that money to the aforesaid prior at the time, unless the same mayor and commons and their successors should show sufficient quittance to the same sheriff, under the seal of the same prior, of the payment of the same money thus supposed to be in arrears, and however much henceforth arising from any other cause should appertain to the said borough of Plymouth, or to the said franchise, liberties or possessions of the said mayor and commons or their successors, or any part of them, to be taken or seised in your hands or those of your heirs, that notwithstanding the same taking and seizing, the said rents and penalty in the aforesaid terms and condition should be well and faithfully paid to the said prior and convent and their successors at the aforesaid terms and place. Provided always that all men and tenants at the time of the said prior and convent and their successors can freely buy or sell all goods, chattels, trade and merchandise of every kind within the said borough of Plymouth and its precincts to their own use and benefit, without toll, custom, pickage, pavage, stallage or murage, and shall be forever exonerated and quit from all such exaction, imposition and disturbance in the aforesaid terms. And moreover, whereas the abbot of Buckland in the aforesaid county of Devon is seised in his demesne as of fee and right of his church of the Blessed Mary of Buckland of the hundred of Roborough with appurtenances, within which hundred the town of Sutton Prior, the tithing of Sutton Raf, the part of the hamlet or tithing of Sutton Vautort, and the part of the tithing of Compton, which now make up the aforesaid borough of Plymouth, are and were part of the same hundred from time immemorial, now may your royal highness deem it worthy, by the authority of the present parliament, to grant and ordain that henceforth the aforesaid mayor and commons should have to themselves, their heirs and successors forever all manner of rights, liberties, franchises, jurisdictions, powers, hereditaments and any other profits whatsoever which the aforesaid abbot has or used to have within the precinct of the aforesaid borough, as in right of his aforesaid church in any way. And that the aforesaid mayor and commons should have to themselves, their heirs and successors their court once a month when the same mayor should wish to assign it, to be held in the presence of the same mayor in the guildhall of the same borough. And that in that court all defaults, excesses, transgressions, articles, views of frankpledge and all other matters which should happen and arise in the future within the precinct of the said borough, and which ought to be presented, emended, corrected or punished in any courts of the aforesaid abbot held within the aforesaid hundred, if not for the authority of the present parliament, shall be held in the aforesaid court in the presence of the aforesaid mayor as aforesaid, henceforth presented, emended, corrected and punished by the same means, ways, manners and forms in which they were accustomed to be or should be presented, emended, corrected and punished in the aforesaid courts of the aforesaid abbot. And that all who by reason of their lands and tenements or possessions within the precinct of the said borough, or by reason of their residency within the same precinct, should make, render, pay or present suit, service, payment, fixed rent or any other advantage to any of the aforesaid courts of the aforesaid abbot henceforth shall make, render, pay and present [memb. 7] the same suit, service, payment, rent and advantage to the aforesaid courts of the aforesaid mayor and commons, their heirs and successors forever. Always saving and reserving [col. b] to the aforesaid abbot and his successors, by the aforesaid authority, all his rights, franchises, liberties, commodities, jurisdictions, powers, hereditament and profits whatsoever in all the residue of his aforesaid hundred being outside the precinct of the aforesaid borough, just as the same abbot previously had and ought to have. And may your highness deign, by the aforesaid authority, to ordain that the aforesaid mayor and commons, their heirs and successors forever should render and pay at Bath in the county of Somerset to William, prior of Bath, and his successors 10 marks annually at Easter and Michaelmas by equal portions. And if it should happen that the same annual 10 marks, or any part thereof, should be in arrears in the future at any feast of the aforesaid feasts, then it is rightly lawful for the same prior of Bath and his successors to make distraint on all goods and chattels found in the whole aforesaid borough, and to carry, take away and retain the distraints thus taken as penalty wherever it pleases him, until satisfaction is fully made to him of all arrears of the aforesaid annual payment of 10 marks, together with all his expenses and costs which were sustained because of the non-payment of the same. And that the same prior and his successors should have a writ of fieri facias from your exchequer or that of your heirs, directed to the sheriff of Devon and sufficient in law for levying from the lands and chattels of all staying within the said borough every single coin which should happen to be in arrears from the aforesaid annual payment of 10 marks in the future, as often as seems expedient or opportune to the aforesaid prior at the time or his successors. And whereas the aforesaid prior of Bath now is seised as of fee and right of his church of the apostles Peter and Paul of Bath from the advowson of the parish church of Bampton in the county of Devon, that the aforesaid abbot of the church of the Blessed Mary of Buckland, by the authority of the present parliament, henceforth shall have that advowson to himself and his successors forever. And that, by the same authority, it is lawful for him and his successors to appropriate the same church for themselves, and to hold it in their own proper use and that of their successors forever, notwithstanding in any way any statute ordained to the contrary, or the fact that the aforesaid priory of Bath is of the foundation of your progenitors or lies within your patronage. Saving always to the said prior of Bath and his successors all his pensions and annuities owed from the said church of Bampton or from the rectory of the same. And that the aforesaid abbot and his successors, the servants, officers, household, tenants and ministers of the same abbot and his successors henceforth shall be exonerated and quit forever from all tolls, customs, pickages, pavages, porterages, pontages and murages whatsoever and from all other charges, exactions and demands whatsoever to be paid henceforth to the aforesaid mayor and commons and their successors for all merchandise, victuals or other things whatsoever by the aforesaid abbot and his successors, the servants, officers, household, tenants and ministers of the same abbot and his successors within the aforesaid borough and the liberty of the same, henceforth to be bought, sold or otherwise provided; notwithstanding any concessions thence granted to the aforesaid mayor and commons by you or your heirs. Saving always and reserving to you, your heirs and successors, all your possessions, liberties, franchises, jurisdictions, courts, profits, hereditaments, escheats, forfeitures and rights and all your lieges, and all possessions, liberties, franchises, jurisdictions, courts, profits, hereditaments, forfeitures, escheats and rights whatsoever of your heirs which are not above especially and expressly granted to the aforesaid mayor and commons in the present act or to the aforesaid other persons named in the same act.
[p. te-v-22]
[col. a]
Qua quidem peticione, in parliamento predicto lecta, audita et plenius intellecta, eidem peticioni, de avisamento et assensu predictis, taliter fuit responsum: Which petition having been read, heard and fully understood in the aforesaid parliament, with the aforesaid advice and assent, was answered thus:
The kyng will, that it be as it is desired by this peticion. Provided alway, that this present act and ordinance, extende hem noght to the manoir of Trematon, the burgh of Saltayssh, to the water of Tamer, nor to non other possessions, franchesies, libertees, waters, fisshynges, rentys, services, courtes, jurisdiccions, offices, enheritances, forfaites, eschetes, other ony other lssues, profites or commoditees, the which Sir John Cornewaill lorde of Faunhope holdyth terme of his lyve, the reversion thereof to the kyng belongyng. (fn. v-3-328-1) The king wills that it be as it is desired by this petition, provided always that this present act and ordinance does not extend to the manor of Trematon, the borough of Saltash, to the water of the Tamar or to any other possessions, franchises, liberties, waters, fishings, rents, services, courts, jurisdictions, offices, inheritances, forfeits, escheats or any other issues, profits or commodities which Sir John Cornwall, Lord Fanhope, holds for the term of his life, the reversion of which belongs to the king. (fn. v-3-328-1)
< Pro executoribus Ducisse Clarencie. > On behalf of the executors of the duchess of Clarence.
33. Item, quedam alia peticio exhibita fuit eidem domino regi, in parliamento predicto, per executores testamenti Margarete nuper ducisse Clarencie, et alios in eadem peticione specificatos, in hec verba: 33. Item, another petition was presented to the same lord king in the aforesaid parliament by the executors of the testament of Margaret, late duchess of Clarence, and others specified in the same petition, in these words:
To the kyng oure soveraigne lord, please hit to yowre hienesse to consider: that where Margarete late duchesse of Clarence, the Thursday next after the fest of the nativite of owre Lord last passed died, and hath named, ordeyned and made by here testament, John erle of Somers', Edmound erle of Dors', Margarete countesse of Devenshire, John Carpentere, and John Bugebroke, here executours, as by the seid testament yet nought proved, ne any admynystracion of the goodes of the seid duchesse to any person comytted. And for asmoche the seid duchesse ordeyned and disposed by here last wille, a .m. marke to be dispendid abowte here terement and sepulture, to God ys worshipp, and helthe of here sawle, the seid Margarete countesse, John Carpentere, and John Bugebroke, have ordeygned and disposed for the seid terement and sepulture, accordyng to the seid wille, to the seid summe of a .m. marks; and where the seid Margarete countesse, by the assent of Thomas erle of Devenshire here housbond, John Carpentere, and John Bugebroke, have made a lone of .iij. m mark to yow owre soveraigne lord, therof to be repayed atte fest of Seynt Martyn next comyng, of the half qwynsym graunted by the communes yn thys present parlement. And where as well the seid countesse, by the assent of here seid housbond, hath made a lone of a .mcc.li. to the seid erle of Somers', for the payment of his fenaunce, that to be repayiied atte the fest of Seynt Michell the Archangell next comyng, as by the suerte y made for the seid .mcc.li. pleynly appereth. To the king our sovereign lord, may it please your highness to consider: whereas Margaret, late duchess of Clarence, died the Thursday next after Christmas last past [1 January 1439], and by her testament has named, ordained and made John, earl of Somerset, Edmund, earl of Dorset, Margaret, countess of Devon, John Carpenter and John Bugebroke her executors, as is in the said testament which is still unproved, nor has any administration of the goods of the said duchess been committed to any person. And whereas the said duchess by her last will ordained and disposed of 1000 marks to be spent about her burial and tomb for the worship of God and the health of her soul, the said Margaret, countess, John Carpenter and John Bugebroke have ordained and disposed for the said interment and sepulchre according to the said will to the said sum of 1000 marks. And whereas the said Margaret, countess, with the assent of Thomas, earl of Devon, her husband, John Carpenter and John Bugebroke have made a loan of 3000 marks to you our sovereign lord, thereof to be repaid at Martinmas next coming [11 November 1439], of the half fifteenth granted by the commons in this present parliament. And whereas also the said countess, with the assent of her said husband, has made a loan of a £1200 to the said earl of Somerset for the payment of his ransom, to be repaid at Michaelmas next coming, as plainly appears by the surety made for the said £1200.
And there uppon, by the assent of yowre lordes spirituelx and temporelx, and communes, yn this present parlement assembled, and by autorite of the same parlement, to ordeygne, that the seid named executours, ne none of theym, ne the seid Thomas, by cause of the seid expenses aboute the seid terement and sepulture, nether for the seid lones, nether lone, nether for the repayments of the seid .iij. m mark, and .mcc.li., to the use of the seid late duchesse to be made, nether Maistre Adam Moleyns, whom ye sent to labour for the saide chevesance, nether the abbes of Minrosse of London, undre whos kepyng the said godes were, nor hir successours, be charged other chargeable, as executours, executoure, admynystratours, or admynystratoure, of the goodes of the seid duchesse, ne no accion to be mayntenable ayenste the seid named executours ne none of them, nether the seid Thomas, by any cause above seid: alwey forseyn, that thay which shall receyve repaiement of the summes forseid, or any parcell therof, stande in lawe ayenst the ordinarie and other persones, to whome the administracion of the godes of the saide duchesse be or shall be committed, chargeable of the summes so receyved. And thereupon, with the assent of your lords spiritual and temporal and the communes assembled at this present parliament, and by the authority of the same parliament, may it please you to ordain that neither the said named executors, nor any of them, nor the said Thomas because of the said expenses about the said burial and tomb, neither for the said loans or loan nor for the repayment of the said 3000 marks and £1200 to be made to the use of the said late duchess, nor Master Adam Moleyns whom you sent to labour for the said provision, nor the abbess of the Minories of London under whose keeping the said goods were, nor her successors be charged or chargeable as executors, executor, administrators or administrator of the goods of the said duchess, nor any action be maintained against the said named executors or any of them, nor the said Thomas, by any aforesaid cause. Provided always that those who shall receive repayment of the aforesaid sums, or any part thereof, stand chargeable in law against the ordinary and other persons to whom the administration of the goods of the said duchess is or shall be committed for the sums so received.
[col. b]
Qua quidem peticione in parliamento predicto lecta, audita et plenius intellecta, eidem peticioni, de avisamento et assensu predictis, taliter fuit responsum: Which petition, having been read, heard and fully understood in the aforesaid parliament, with the aforesaid advice and assent, this answer was given to it:
Le roi, de l'advis et assent des seignurs espirituelx et temporelx, et les communes, en icest parlement esteantz, ad graunte tout ceo q'est contenuz en mesme la peticion. (fn. v-3-342-1) The king, with the advice and assent of the lords spiritual and temporal and the commons being in this parliament, has granted everything which is contained in the same petition. (fn. v-3-342-1)
< Pro priore de Mounte Grace. > On behalf of the prior of Mount Grace.
34. Item, quedam alia peticio exhibita fuit eidem domino regi, in parliamento predicto, per priorem et conventum monasterii domus Assumptionis Beate Marie de Mountgrace, ordinis Cartusiensis, in comitatu Ebor', in hec verba: 34. Item, another petition was presented to the same lord king in the aforesaid parliament by the prior and convent of monks of the house of the Assumption of the Blessed Mary of Mount Grace, of the Carthusian order, in the county of York, in these words:
Au roi nostre sovereigne seignur, suppliount humblement voz continuelx oratours, le prior et covent del monstier du meason del Assumption de Nostre Dame de Mountgrace, en le counte d'Everwik: qe come lour dit monstier, en temps de roi Richard second puis le conquest, l'an de son reigne .xx. e , par sa licencie soit founduz en la vile de Bordelby, par le tresnoble seignur Thomas, duc de Surr', quele duc au temps du dite fundacion, dona mesme la vile, que fait la manoir de Bordelby, et qu'est de la value annuel de diz marcz ou environ, as predecessours des ditz suppliantz, et a lour successours a toutz jours; et ala de vie a trepas, bien tost apres ceo qe il avoit commence de edifier le dit monstier; et est a cest cause le dit monstier en graund partie a edifier, a graund greve, ennoye et damage des ditz suppliantz, et de lour servitorz, et doutont les ditz suppliantz de procedre outre en l'edificacion de lour dit monstier, pur la mauveite et lein disposicion de temps mesmement de ceux qe ne fount counte de famer titlez et querelx, et de troubler lez gentz simplez, saunz droit ou cause. To the king our sovereign lord; your humble petitioners the prior and convent of the monastic house of Our Lady of Mount Grace in the county of York humbly request: whereas their said monastery was founded in the twentieth year of the reign of King Richard the second since the conquest [1396-7], by his licence, in the town of Bordley by the most noble lord Thomas, duke of Surrey, who at the time of the said foundation gave the same town, which constituted the manor of Bordley and which was of the yearly value of 10 marks or thereabouts, to the predecessors of the said supplicants and their successors forever; and he died soon after he had started to build the said monastery; and for this reason the said monastery is in a great part unbuilt, to the great grievance, annoyance and harm of the said supplicants and of their servants. And the said supplicants are afraid to proceed further in the building of their said monastery due to the evil and ugly state of the time, particularly from those who do not take account of well known titles and claims and of causing trouble to the simple folk without right or cause.
Que please a vestre noble grace de considerer lez premissez, et pur oustier voz ditz suppliauntz et lour successours en temps avenir, de toutz manerez perplexitez et doutz, par assent des seignurs espirituelx et temporelx, et dez communes, assemblez en cest present parlement, al reverence de Dieu, et de la glorious virgine Seint Marie, en honoure de que le dit meason est founde, et pur la surete et tranquillite dez ditz suppliantz, au fyne q'ils et lour successours purrount diligentment et pluis quietement illeoqes servier Dieu, et prier pur vouz tres noblez progenitours queux Dieu pardons, et pur le bone estate de voz et de vestre roialme, de ratifier et approver et confermer, par auctorite de cest present parlement, le doune et ottroie avantditz faitz aux dit suppliantz par lour dit Fondour, du dit manoir et vile, et la possession qu'ilz ount en et de icell; considere entre autres chosez, qe toutz jours depuis la fundacion de lour dite monstier jusqes en cea, ils ount enjoie la dite vile et manoir, et la possession d'icelle: par issint tout temps qe de par le roi soit envoie brief desoubz son graunde seal, al viscount del dit counte d'Everwyk, luy commaundant q'il face proclaimer, qe si ascune persone voudra pretendre ou faire ascun title ou claime, au dit manoir ou ville de Bordelby, il veigne par entre cy et le fest de Saint Martin in iver proscheinement a venire, devaunt le roi et son consail, et illeosqes declare et monstre ses droit et title queux se pretende avoir au dit manoir ou ville de Bordelby; en quel case, icelluy qi ensi viendra, declarera et monstrera tielx title et claime, au dit manoir ou ville, qe semblera au roi et son conseill d'estre bones et raisonables en cest partie, icelluy title duement prove et adjuge, avera de lez priour et couvent desuisditz, la somme que mesme le manoir ou ville purroit raisonablement valoir, pur le terme de .x. ans, et remaigne mesme le manoir ou ville, a les ditz priour et covent et lour successours a toutz jours; et si null persone ensy veigne devaunt le roi et son conseil, par entre cy et le dit fest de Seint Martin, et tielx title et claime monstre et declare, qi soient bones [p. te-v-23][col. a] et sufficeantz en cest partie, adonques remaigne mesme le manoir ou ville de Bordelby, ovesqe lez appurtenauntz, a mesmes les priour et couvent, et lour successours a toutz jours, et ils prioront a Dieu pur vous. May it please your noble grace to consider the foregoing and, in order to remove all manner of perplexity and doubt from your said supplicants and their successors in times to come, with the assent of the lords spiritual and temporal and the commons assembled in this present parliament, to the praise of God and the glorious Virgin St Mary in whose honour the said house was founded, and for the surety and tranquility of the said supplicants to the end that they and their successors can diligently and more quietly serve God there and pray for your most noble progenitors whom God has absolved, and for the good estate of you and your realm, to ratify, approve and confirm, by the authority of this present parliament, the aforesaid gift and grant made to the said supplicants by their said founder of the said manor and town, and the possession which they have in and of the same; considering, among other things, that since the foundation of their said monastery until this time they have always enjoyed the said town and manor and the possession of the same. Provided always that a writ shall be sent on behalf of the king under his great seal to the sheriff of the said county of York, commanding that he proclaim that if any person should wish to pretend or make any title or claim to the said manor or town of Bordelby, he should come before the king and his council between now and Martinmas next coming, and there declare and show his right and title which he claims to have to the said manor or town of Bordley. In which case, he who thus comes and declares and shows such title and claim to the said manor or town as seems good and reasonable to the king and his council in this part, his title being duly proved and judged, should have the sum which the same manor or town is reasonably worth from the aforesaid prior and convent for the term of 10 years, and the same manor or town to remain to the said prior and convent and their successors always. And if no person thus comes before the king and his council between now and the said Martinmas and shows and declares such title and claim which is good [p. tr-v-23][col. a] and sufficient in this part, then the same manor or town of Bordelby with the appurtenances to remain to the same prior and convent and their successors always, and they pray to God for you.
Qua quidem peticione, in parliamento predicto lecta, audita et plenius intellecta, eidem peticioni, de avisamento et assensu predictis, taliter fuit responsum: Which petition, having been read, heard and fully understood in the aforesaid parliament, with the aforesaid advice and assent, this answer was given to it:
Le roi, del advis et assent des seignurs espirituelx et temporelx, et les communes, en icest present parlement esteantz, ad graunte tout ceo q'est contenuz en icell peticion. (fn. v-3-359-1) The king, with the advice and assent of the lords spiritual and temporal and the commons being in this present parliament, has granted everything contained in the this petition. (fn. v-3-359-1)
< Pro priore Sancti Johannis Jerusalem in Anglia. > On behalf of the prior of St John of Jerusalem in England.
35. Item, quedam alia peticio exhibita fuit eidem domino regi, in parliamento predicto, per prefatos communes, pro priore hospitalis Sancti Johannis Jerusalem in Anglia, in hec verba: 35. Item, another petition was presented to the same lord king in the aforesaid parliament by the aforesaid commons on behalf of the prior of the hospital of St John of Jerusalem in England, in these words:
To the right wise commons of this present parlement, plese hit your right wise discretions to considere: that wher the predecessours of the priour of the hospitall of Seint John Jerusalem in Englond, were seised of .ij. forges, that were sometyme stondyng in the highstrete of Fletestrete in the subbarbes of London, for which .ij. forges, they paied by the hondus of the shirrefs of London for the tyme beyng, yerly to the full noble progenitours of our soveraign lord the kyng in their escheker .xv. s.; the which .ij. forges, at the tyme of insurreccion of the commones in Kyng Richard daies secunde, were drawen doun and utturly destroied by the seid commones; for which cause the priour that now is, and all his predecessours from that tyme unto this tyme, have be respited in the escheker of the seid rent. To the most wise commons of this present parliament, may it please your most wise discretions to consider: whereas the predecessors of the prior of the hospital of St John of Jerusalem in England were seised of two forges which were for some time standing in the highway of Fleet Street in the suburbs of London, for which two forges they paid 15 s . yearly to the most noble progenitors of our sovereign lord the king in their exchequer by the hands of the sheriffs of London at the time, which two forges, at the time of insurrection of the commons in King Richard the second's days, were drawn down and utterly destroyed by the said commons; for which cause the prior at the time, and all his predecessors from that time to this time, have been respited in the exchequer of the said rent.
That hit lyke yow, the premisses considred, and that the seid [col. b] forges mow not be reedified, for cause of streityng, noiance, encombrance and blemysshyng of the seid strete, ne the seid priour, his predecessours or successours, myght or may in eny wise eny profitz take for the soille wher the seid forges stood, to pray unto our soveraign lord the kyng, that hit wold lyke hym, with the advys and assent of the lordes spirituell and temporell, by auctorite of this present parlement to ordeign, that the chaunceller and tresorer of Englond for the tyme beyng, have power to commune and entrete of thees premisses with the priour of the seid hospitall for the tyme beyng, and with the mair of the seid citee for the tyme beyng, with othur sufficient persones of the same cite, such as shall seme to the discrecions of the seid chaunceller and tresorer behovefull, in the name of all the communalte of the same citee, and ther opon that the seid chaunceller and tresorer have power to sette, stabilisch and ordeign, bytwix this and the next parlement, suche remedie and rewle in the same premisses, as thenne shall seme to her discretions resonabull, for the finall determinacion and dischargyng of the saide priour and his successours therof; and in the mesne tyme, that no processe, execucion nor leve, be made for the kyng ayens the seid priour or his successours, for eny arrerages of rente of .xv. s., or for eny payement to be made to the kyng for the seid .ij. forges, but that all manere of processe, execucion and leve, to be made out of the seid escheker for the seid .ij. forges, or for eny payement to be made for the same forges, in the mesne tyme surcese. May it please you, having considered the foregoing and the fact that the said [col. b] forges may not be rebuilt because of the disturbance, noise, encumbrance and poluution of the said street, and that the said prior, his predecessors or successors, might or may not in any manner take any profits for the soil where the said forges stood, to request our sovereign lord the king that it please him, with the advice and assent of the lords spiritual and temporal, by the authority of this present parliament, to ordain that the chancellor and treasurer of England at the time shall have power to discuss and negotiate about these matters with the prior of the said hospital at the time and with the then mayor of the said city, and with other sufficient persons of the same city as shall seem best at the discretion of the said chancellor and treasurer, in the name of all the commons of the same city; and thereupon that the said chancellor and treasurer have power to set, establish and ordain, between this and the next parliament, such remedy and rule in the same premises as then shall seem reasonable to their discretion for the final determination and discharging of the said prior and his successors thereof. And in the mean time that no process, execution nor levy is made for the king against the said prior or his successors for any arrears of the rent of 15 s . or for any payment to be made to the king for the said two forges, but that all manner of process, execution and levy to be made out of the said exchequer for the said two forges, or for any payment to be made for the same forges in the mean time surcease.
Qua quidem peticione, in parliamento predicto lecta, audita et plenius intellecta, eidem peticioni, de avisamento et assensu predictis, taliter fuit responsum: Which petition, having been read, heard and fully understood in the aforesaid parliament, this answer was given to it:
Le roy le voet. (fn. v-3-373-1) The king wills it. (fn. v-3-373-1)
[memb. 6]
ITEM, DIVERSES COMMUNES PETICIONS FEURENT BAILLEZ EN MESME LE PARLEMENT PAR LES COMMUNES D'ICELL. LES TENOURS DES QUEUX, OVESQE LORS RESPOUNSES, CY ENSUENT. ITEM, VARIOUS COMMON PETITIONS WERE DELIVERED IN THE SAME PARLIAMENT BY THE COMMONS OF THE SAME, THE TENORS OF WHICH, WITH THEIR ANSWERS, FOLLOW HERE.
COMMUNES PETICIONES. COMMON PETITIONS.
[col. a]
I. [Antedating of letters patent.] I. [Antedating of letters patent.]
36. < Letters patents antedated. > Item, priount les communes: qe come par suite fait a vestre hautesse par diverse gentz, ad este desire par lour peticions d'aver offices, fermes, et aultrez chosez du vestre doune et graunte, par voz graciouse lettres patentz ent a eux a faire, desirauntz par ycell peticions, mesmes voz lettres patentz de porter date a certeyn jour limite en ycell, le quel jour est sovent longement devaunt vestre graunt a eux faitz de lour ditz peticions; par ount voz lettres patentez a eux sur ceo faitz, ount porte mesme le date; a cause de quel, diverse voz lieges eiantz tielx offices, fermes, et aultres choses du vestre doune ou graunte, par voz graciouse lettres patentz ent a eux longe temps devaunt duement fait, par tielx subtils ymaginacions de tielx antedates, desires par tielx peticions, de tielx offices, fermes et aultres choses sovent ount cste oustes, ammoves et expelles, encountre droit, bon conciense et reason. 36. Letters patent antedated. Item, the commons request: whereas, by suit made to your highness by various people, it had been desired by their petitions to have offices, farms and other items by your gift and grant, by your gracious letters patent thus pertaining to them, desiring by the same petitions that your same letters patent bear date of a certain day defined in the same, which day is often long before your grant made to them of their said petitions, whereby your letters patent made to them in this matter have borne the same date; because of which, various of your lieges, having such offices, farms and other things of your gift or grant, by your gracious letters patent thus made a long time in advance of when due, by such subtle scheming of such antedating desired by such petitions, often have been ousted, removed and expelled from such offices, farms and other things contrary to right, good conscience and reason.
Please a vestre noble grace considerer les premissez, et pur oustier tielx ymaginacions, d'ordeignere par auctorite du cest present parlement, qe de qeconqe garant en [col. b] apres, par vous ou voz heires, al chaunceller d'Engleterre pur le temps esteant adresse, le jour du livere d'ycell al chaunceller, soit entre du recorde en le chauncerie. Et qe le chaunceller face faire lettres patentz sur mesmes les garantz, portant date le jour du dit livere en le chauncerie, et nemye devaunt en null manere. Et si ascuns lettres patentz soient desore faitz a contrarie, soient voides, irrites et tenuz pur nulles. May it please your noble grace to consider the foregoing, and for preventing such schemings, to ordain, by the authority of this present parliament, that with regard to any warrant henceforth [col. b] addressed to the chancellor of England at the time by you or your heirs, the day of the delivery of the same to the chancellor must be entered in the record in the chancery. And that the chancellor cause letters patents to be made on the same warrants, bearing as date the day of the said delivery in the chancery, and not before, in any manner. And if any letters patent should be thereupon made to the contrary, they shall be void, invalid and held for nothing.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi le voet. (fn. v-3-387-1) The king wills it. (fn. v-3-387-1)
II. [Jurors in inquests.] II. [Jurors in inquests.]
37. < Atteynte etc. > Priount lez communes: qe come al parlement nostre seignur le roi tenuz a Westm', l'an de son regne .xv. me , (fn. v-3-391-1) entre autres articles soit ordeigne, qe nul visconte, baille de franchise, ne coroner, en accion, ou briefes d'atteyntes de plee de terre, de annuel value de .xl. s. ou pluis, n'en action de atteinte dez faitz, concernantz terres et tenementz de annuel value de .xl. s. ou pluis, ne personel action, dount le juge de recovere extende al somme de .xl.li. ou pluis, retourne ne enpanelle en [p. te-v-24][col. a] nul inquisicion ne enqueste, nulles persones mes ceux enhabitauntz deins sa baille, que ount estate a lour oeps, ou ceux as queux autres persones ount estate de fee simple, fee taille, ou franc tenement, en terres et tenementz de annuel value de .xx.li. par an ou pluis, deins sa baille, hors de auncien demesne, cynk portes, et la tenure de gavylkynde; par cause de quel ordenaunce, a cause que deins le countee de Kent, sount qe trent ou quarrant persones a pluis, qe ount ascunz terrez ou tenementz hors de tenure de gavylkynde, pur ceo qe la greindre partie de vestre dit countee, ou bien pres tout, est de tenure de Gavylkynde; les qeux persones sount contenuelment empannellez et retournez en les ditz accions d'atteintes, a graunde anientisment et empoverissement dez mesmes lez persones. 37. Attaints etc. The commons request: whereas at the parliament of our lord the king held at Westminster in the fifteenth year of his reign, (fn. v-3-391-1) among other articles, it was ordained that no sheriff, bailiff of a franchise or coroner, in actions or writs of attaint concerning a plea of land of the annual value of 40 s . or more, nor in actions of attaint concerning lands and tenements of the annual value of 40 s . or more, nor in personal actions, should grant judgement concerning recovery extending to the sum of £40 or more, the return or the empanelling in [p. tr-v-24][col. a] any inquisition or inquest to any persons except those living in his jurisdiction who have estate to their use, or those from whom other persons have estate of fee simple, fee tail or freehold in lands and tenements of the annual value of £20 per year or more in his jurisdiction, outside the ancient demesne, cinque ports and the tenure of gavelkind; because of which ordinance, since in the county of Kent there are thirty or forty persons or more who have some lands or tenements out of the tenure of gavelkind, and since the greater part of your said county, or very nearly all of it, is in the tenure of gavelkind, these persons are continually empanelled and returned in the said actions of attaint to the great destruction and impoverishment of the same people.
Please a nostre seignur le roi, par auctoritee de cest present parlement, de grauntier, ordiner et estabiler, qe le dit estatute fait le dit an .xv. me , quaunt a ceux paroles hors de tenure de gavylkynde, compris deins le dit estatute, soit repelle et tenuz pur null. May it please our lord the king, by the authority of this present parliament, to grant, ordain and establish that the said statute made in the said fifteenth year, as regards these words, outside the tenure of gavelkind, contained in the said statute, be repealed and held for nothing.
[editorial note: Responsio.] [editorial note: Answer.]
The kyng will, þat tho men the which hath estat to thaire oeps, and thay also to whos oeps other men hath estat of fee simple, fee taille, or freeholde, in londes and tenementz of yerely value of .xx.li., of the tenure of gavelkynde, be retourned and impanelled in such atteintes as be contened in this peticion, the which atteintes atte this tyme be noght hangyng, bot shall mowe hang in tyme to come, in the same manere and fourme as any other persone mowe be retourned and empanelled, by force of the statut in this same peticion especified. (fn. v-3-398-1) The king wishes that those men who have estate to their use, and those also to whose use other men have estate of fee simple, fee tail, or freehold in lands and tenements of the yearly value of £20 of the tenure of Gavelkind be returned and empanelled in such attaints as are contained in this petition, which attaints are not pending at this time but shall pend in times to come, in the same manner and form as any other person may be returned and empanelled, by force of the statute specified in this same petition. (fn. v-3-398-1)
III. [Exports other than to staple.] III. [Exports other than to staple.]
38. < Woolles, wooll-fels, etc. > To the moste discrete communes of this present parlement, plese youre ful discrete and sad discretions to considere: how in a statuyt made the yere of Kyng Richard secunde .xxi., at the grevouse compleynt of the communes, (fn. v-3-402-1) shewyng how the staple was limited to abyde at Caleys, and that al maner wolles, wollefelles, hydes, lede, tynne, chese, buttur and hony, goyng oute of the reaume of Inglond, shuld have recours to the seid place of Caleys, and to no place elleswere; certeyn persones by their diverse suggestions, have purchaced licences before thise tymes, to carie oute wolles and other merchaundises aboveseid, to what parties over the see that þam liketh of the kynges frendeship where that their licences streiche to, withoute comyng at the seide place of Caleys, to the grete avauntage of the persones so havyng licences, and grete hurt of hem that have no licence. Wherefore the seid kyng, by auctorite of his parlement halden þe yeer abovesaid, ordeined and establed, þat þe seide estatuit shulde be halde and kept as to the grete merchaundises abovesaid, þat is to seye, wolles, wollefell, tyn, and leed only, withoute eny licence therof to be graunted but only by the kyng hymsylf; by cause of which statuyt thus made, the chaunceller of Englond for the tyme beyng, hath straunged hem oft tymes to graunt licences for chese and buttur, to be had to eny oþer place than only to the said place of Caleys, to the grete hurt of the commone peple of this reaume. And to consider also, how þat chese and buttur is a merchaundise that may not wele be kept nor abyde his merchaunt, and wil take grete empayryng by bestes of vermyn and wormes, and also is tendre, and of so sympyl prys that it may not goodly bere the costes of staple; and þerupon to prey to the kyng oure soverain lord, and the lordes spirituell and temporell of þis present parlement, to ordeyne by auctorite of parlement, that the kynges liege peple may lede and carye oute of this reaume, to what partie tham list of the kynges frendeship, chese and buttur, without eny licence to be sewed in any wise, paying therfore þe custumes and subsidies therof [col. b] due fro tyme to tyme, any statuyt made to the contrarye notwithstondyng. 38. Wool, woolfells, etc. To the most discreet commons of this present parliament; may it please your most discreet and wise discretions to consider: how in a statute made in the twenty-first year of the reign of King Richard the second at the grievous complaint of the commons, (fn. v-3-402-1) showing how the staple was limited to remain at Calais, and how all manner of wool, woolfells, hides, lead, tin, cheese, butter and honey exported from the realm of England should have recourse to the said place of Calais, and to no other place, certain persons, by their various suggestions, have purchased licences before these times to export wool and the other aforesaid merchandise to any overseas parts they wish of the king's friendship whence their licences extend, without coming to the said place of Calais, to the great advantage of those persons so having licences and the great hurt of those who have no licence. Wherefore the said king, by the authority of his parliament held in the aforesaid year, ordained and established that the said statute should be held and kept as regards the aforesaid great merchandise, that is to say, wool, woolfell, tin, and lead only, without any licence thereof to be granted except by the king himself; because of which statute thus made, the chancellor of England at the time has refused many times to grant licences for cheese and butter, to be taken to any place rather than only to the said place of Calais, to the great harm of the common people of this realm. And may it please you to consider also that cheese and butter are merchandise that may not be kept well or await sale, and will suffer great damage by vermin and worms, and also are tender and of so low a price that they may not easily support the costs of staple. And thereupon to request that the king our sovereign lord, and the lords spiritual and temporal of this present parliament, ordain, by the authority of parliament, that the king's liege people may lead and carry cheese and butter from this realm to whatever parts they wish of the king's friendship, without any licence to be sued in any manner, paying therefore the customs and subsidies thereof [col. b] due from time to time, notwithstanding any statute made to the contrary.
[editorial note: Responsio.] [editorial note: Answer.]
Le roi le voet. Purveu, q'il le poet restreigner quaunt luy plerra. (fn. v-3-406-1) The king wills it, provided that he can make restraint when it pleases him. (fn. v-3-406-1)
IIII. [Hosting of alien merchants.] IIII. [Hosting of alien merchants.]
38b. < Merchants aliens. > Priount lez communes: qe come graundes damages et perdes, de jour en autre aveignent a vous et vestre people, taunt par my les vendes et achates qe lez marchauntz aliens et estraungers facent a lour propre volunte et liberte, saunz ascun notice, governaunce et survieu, d'ascun de voz loialx lieges; come par tielx vendes et achates, quels ils facent ensemble de toutz maners merchaundises, chescun de eux ovesqe autre. Et auxi par les covyns et compassementz q'ils facent, d'empeirer et abatier le price et value de toutz maners merchaundises de cest vestre noble roialme, et encrecer et enhauncer le price de toutz lours propres merchaundises; parount mesmes les marchauntz aliens graundement sount enrichez, et voz subgitz merchauntz deinzseins d'icell vestre roialme grevousement enpoveresez, et graund tresour par mesmes les aliens amesne hors de ycest vestre roialme, les custumes et subsidies a vous par eux duez, pur les causes suisditz graundement sustreitz, et la navie de vestre roialme graundement amesnusez et anientisez. Et come par diverses estatutz devaunt cez heures faitz soit ordeignez, qe en chescun cite, ville et port du meer d'Engliterre, ou les marchauntz aliens et estraungers sount ou serrount repairantz, soient assignez a mesmes les marchauntz, sussiciantz hostes par lez mair, viscountz ou baillifs, des ditz citees, villes et portes du meer. Et qe lez ditz merchauntz aliens et estraungers ne soient demurauntz en autre lieu, si noun oversqe les ditz hostes ensi assigniers; les queux estatutz ne sount assez covenablez et sufficiauntz remedies encountre les damages et inconvenientz suisditz. 38b. Alien merchants. The commons request: whereas great damage and losses come to you and your people daily, as much through the sales and purchases which alien merchants and foreigners make at their own will and liberty, without any notice, governance and supervision of any of your loyal lieges, as by such sales and purchases which they make jointly of all manner of merchandise, each of them with another. And also by the agreements and compacts which they make to harm and cut the price and value of all manner of merchandise of this your noble realm, and to increase and enhance the price of all their own merchandise; whereby the same alien merchants are greatly enriched, and your subject denizen merchants of your same realm are grievously impoverished, and great treasure is brought out of this your realm by the same aliens, the customs and subsidies which they owe you for the aforesaid causes are greatly lessened, and the ships of your realm are greatly reduced and diminished. And whereas, by various statutes made before this time, it is ordained that in each city, town and seaport of England where alien merchants and foreigners are or could be staying, adequate hosts should be assigned to the same merchants by the mayor, sheriffs or bailiffs of the said cities, towns and seaports. And that the said alien merchants and foreigners shall not stay in any other place except with the said hosts thus assigned; which statutes are not suitable enough and sufficient remedies against the aforesaid damages and inconveniences.
Please a vestre hautesse de considerer les premissez, et sur ceo par assent des seignurs espirituelx et temporelx en cest present parlement assemblez, et par auctorite de mesme le parlement, d'ordeigner, qe desore en avaunt null merchaunt alien ou estraunge, vende null maner merchaundise a autre merchaunt alien ou estraunger, sur peyn de forfaiture de mesmes les merchaundises. Et qe toutz merchauntz aliens et estraunges, desore en avaunt venauntz ou demurauntz a marchandier, deinz ascun citee, ville, burgh ou port en Engliterre, soient south survieu de certeins gentz appelliers hostes ou Surveiours, a eux par les mairs, viscountz ou baillifs, de mesmes les citees, villes, burghs ou portes, par la manere ensuant assigniers. Et qe chescun tiel marchaunt alien, veignaunt al ascun des ditz citees, villes, burghs ou portes, a merchaundier, dedeins trois jours proscheins apres son dit venue, soy offre en person devaunt le mair, viscount ou baillif, de mesme le citee, ville, burgh ou porte a qi il vient, pur avoir host a luy assigue. Et qe lez mairs, viscounts ou baillifs, de chescun des ditz citees, villes, burghs ou ports, dedeins quatre jours proscheins apres q'ils eient notice del venue ou esteaunce d'ascuns tielx merchanntz, assignent a mesmes les merchauntz aliens, sufficiantz hostes qi soient bonz et crediblez persons, natifs Englois, expertz en le fait de merchaundise, et nient excerceantz tielx merchaundises, quels les merchauntz aliens desouth lour survieu esteauntz pur le temps usent. Et qe mesmes les hostes survient, et soient privez as toutz les merchaundises, qe les ditz merchauntz dischargeront a ascun porte ou lieu de cest roialme, ou portent ou ferront portier hors d'icell, et as toutz les venduz, achatez et contractez des merchandises, q'ils ferrount deins les ditz portes et lieux. Et qe chescun tiel merchaunt, qe amesne ou face amesner desore en avaunt, ascuns merchaundises, et lez dischargera deins ascun porte ou lieu [p. te-v-25][col. a] de dit roialme, les mette a vendre par survieu des ditz hostes, et face pleine emploiement de toutz mesmes les merchaundises, forspris toutz maners draps d'ore, d'argent et de soy, dedeins oept moys proscheins apres la venue d'icelles merchaundises a ascun port saluz ou lieu de discharge de dit roialme, lour resonable expenses et costages deductz; c'est assavoir, mesmes les merchaundises vendent pur autre merchaundises du dit roialme, ou les vendent pur money, et ove mesme le money achatent deins le temps suisdit autres merchaundises, cresceantz et faitz deins mesine le roialme, sur peyn de forfaire tout le dit money deins le dit terme nient emploiez. Et qe bien lise as ditz merchauntz aliens et estraungers, apres les ditz oept moys, de transporter hors le dit roialme, toutz lez ditz merchaundises deins mesme la terme come dit est nient venduz, saunz ascuns custumes ou subsidies ent appeiers. Et si les < ditz > merchauntz aliens, apres les ditz oept moys, vendent ascuns des ditz merchaundisez deins icest roialme, qe adonqes soient forfaitz. Et ferra chescun dez ditz hostes, register et escrier en un livre de temps en temps, toutz lez ditz merchaundises, qe les ditz merchauntz aliens averount et resceiverount, et toutz les vendes, achates, contractz et emploiementes, q'ils ferront par son scieu et survieu, et le transcript portera ou ferra porter devaunt les tresorer et barons de vestre escheker deux foitz par an, c'est assavoir, all commencement de termes de Pasqe, et Seynt Michell; et ne soient mesmes lez hostes, lour executours, heirs ou terretenauntz, par colour de tiel transcript, ne ascun autre chose concernaunt le dit occupacion de host, artez d'acompter deinz le dit escheker, ne autrement charge. Et prendra le dit host pur son labour en ceo cas, de chescun tiel merchaunt estraunger .ij. d., pur chescun .xx. s., en value, de toutz maners merchaundisez issint par lez ditz merchauntz aliens venduz et achatez. Et serra chescun tiel host, en sa primere admission all dit occupacion, jurrez devaunt les mairs, viscountz et baillifs, par queux il serra assigne a ycell occupacion, de bien et loialment user et excercer mesme l'occupacion. Et s'il soit trove disloiall ou defectif a contrarie, q'il soit ouste de dit occupacion par les ditz mairs, viscountz et baillifs, si sovent come semble a eux bosoignable, et autre par eux mys en son lieu. Et outre ceo punis soloncqe son demerite, par discretions des mesmes les mairs, viscountz et baillifs. Et si ascun merchaunt alien ou estraunger, ne luy offre de prendre tiel host, ou apres qe luy soit assigne Holt, come dit est, refuse d'estre soubz survieu et governaunce de tiel host en le maner suisdit, soit pris et arestuz parles ditz mair, viscounts ou baillifs, et mys en prison, la pur demurer saunz estre lesse au baille ou mainprise, jesqe q'il eit trove sufficeant seurte d'estre south la gouvernaunce de tiel host, et luy faire prive as toutz les vendes, achates et contractes de ses merchaundises, come desuis est dit. Et face mesme le merchaunt alien en ceo cas, fyn et raunson a vestre volunte. Et si ascun tiel merchaunt alien, face ascun achate, ou vende, ou contracte de merchaundise, saunz la survieu de son dit host, ou faire le dit host prive as toutz les ditz merchaundises, vendes, achates ou contractes, come devaunt est dit, forfera la value de mesmes les biens achates ou venduz, ou la some ou la value de ceo dount la contract est fait. Et si ascun tiel mair, viscount ou baillif, voluntierment lesse ascun tiel merchaunt estre saunz host en la fourme suisdit, aler a large, saunz luy arester et mettre en prison, et punyer en la fourme suisdit, forfera mesme le maire, viscount ou baillif, a vous .xx.li., pur chescun marchaunt alien, issint suffre voluntierment d'aler a large, nient arestuz. Et pur chescun tiel marchaunt alien et estraunger, a qi tiel host en la fourme suisdit n'est assigne. Et si ascun home, q'est par tiel maire, viscount ou baillif, assigne [col. b] pur estre host a ascun tiel merchaunt alien et estraunge, rufuse d'estre tiel host, paiera a vous, chescun foitz q'il issint refuse d'estre host, .x.li. Et chescun merchaunt alien et estraunger, qe noun emploie le dit money deinz le ditz oept moys, come est dit, ou qe vende sez ditz merchaundises en Engliterre apres mesmes les oept moys, et ent devaunt ascun de voz jugges soit duement convict, par son examinacion, ou autrement a vestre suyt, ou al suyte d'ascun de voz lieges, qe voet suer pur vous, et pur luy mesmes, en ceux deux cases avauntditz, doncqe encourge mesme le marchaunt alien et estraunge la peyne et forfaiture suisdites, et eit celuy qe ferra le dit suyt la quart parte dez ditz forfaitures, et vous lez trois autres parties. Et qe cest act et ordenaunce comence a tenir lieu, al fest de Pasqe proschein a venir; et durera tan qe al fyn de .vij. ans alors proschein ensuantz. Et qe par entre cy et le dit fest de Pasqe, certeins commissions desouth vestre graund seal, rehersauntz tout mesme le act et ordenaunce, soient faitz, et severalment directz as mairs, viscounts ou baillifs, de chescun cittee, ville, burgh et porte de vestre dit roialme, ou tielx merchauntz aliens et estraungers sount ou serrount demurantz ou repairantz, chargeantz estreitement mesmes lez mairs, viscountz et baillifs, qi sount, ou qi pur le temps serrount, de publier et metter tout la dit act et ordenaunce en due execucion: purveu toutz foitz, qe les marchauntes de l'Hanse d'Almaigne, et toutz autres marchauntes desouth vestre obeisaunce, ne soient comprisez deinz cest act et ordenaunce. May it please your highness to consider the foregoing and in this matter, with the assent of the lords spiritual and temporal assembled in this present parliament, and by the authority of the same parliament, to ordain that thereupon henceforth no alien merchant or foreigner shall sell any manner of merchandise to any other alien merchant or foreigner on pain of forfeiture of the same merchandise. And that all alien merchants or foreigners henceforth coming or staying to trade in any city, town, borough or port in England shall be under the supervision of certain people called hosts or supervisors, assigned to them by the mayors, sheriffs or bailiffs of the same cities, towns, boroughs or ports in the manner following. And that every such alien merchant coming to each of the said cities, towns, boroughs or ports to trade, within three days next after his said arrival shall appear in person before the mayor, sheriff or bailiff of the same city, town, borough or port to which he has come to have a host assigned to him. And that the mayors, sheriffs or bailiffs of each of the said cities, towns, boroughs or ports, within four days next after they have notice of the arrival or existence of each such merchant, shall assign to the same alien merchants adequate hosts who are good and credible persons, English natives, experts in the mercantile trade, but not exercising such trade which alien merchants may practise for the time they are under supervision. And that the same hosts should supervise and be privy to all the merchandise which the said merchants discharge to each port or place of this realm, or carry or will carry out of the same, and to all the sales, purchases and contracts of merchandise which they make in the said ports and places. And that each such merchant who brings or henceforth causes to bring any merchandise and unloads it in any port or place [p. tr-v-25][col. a] of the said realm shall put it for sale under the supervision of the said hosts and expends all the same merchandise, except all manner of gold, silver and silk cloth, within eight months following the arrival of the same merchandise to each safe port or place of unloading of the said realm, their reasonable expenses and costs having been deducted; that is to say, they shall sell the same merchandise in return for other merchandise of the said realm, or sell it for money, and with the same money buy in the aforesaid time other merchandise grown and made in the same realm, on pain of forfeiting all the said money not used in the said term. And that it is rightly lawful for the said alien merchants and foreigners, after the said eight months, to transport out of the said realm all the said merchandise not sold in the same term, as is said, without paying any customs or subsidies thereupon. And that if the said alien merchants, after the said eight months, shall sell any of the said merchandise in this realm, these shall be forfeit. And each of the said hosts from time to time should register and inscribe in a book all the said merchandise which the said alien merchants have had and received, and all the sales, purchases, contracts and use which they made with their knowledge and supervision, and bring the transcript or cause it to be brought before the treasurer and barons of your exchequer twice a year, that is to say, at the beginning of the terms of Easter and Michaelmas. And the same hosts, their executors, heirs or land-tenants should not, by reason of such transcript or by any other matter concerning the said occupation of host, be compelled to account or otherwise charge in the said exchequer. And the said host should take for his labour in this matter from each such foreign merchant 2 d . for each 20 s . in value from all manner of merchandise thus sold and bought by the said alien merchants. And each such host should, in his first admission to the said occupation, swear before the mayors, sheriffs and bailiffs, by whom he should be assigned to this occupation, well and loyally to use and exercise the same occupation. And if he should be found to be disloyal or defective to the contrary, he should be removed from the said occupation by the said mayors, sheriffs and bailiffs, as often as seems necessary to them, and another put in his place by them. And furthermore he shall be punished in accordance with his misdemeanour at the discretion of the same mayors, sheriffs and bailiffs. And if any alien or foreign merchant refuses to take such a host, or after he is assigned such host, as is said, refuses to be under the supervision and governance of such a host in the manner aforesaid, he shall be taken and arrested by the said mayor, sheriffs or bailiffs and put in prison, there to remain without having grant of bail or mainprise until he has found sufficient surety to be under the governance of such host, and to make the latter privy to all the sales, purchases and contracts of his merchandise, as is aforesaid. And the alien merchant in this case should make fine and ransom according to your will. And if any such alien merchant should make any purchase or sale or contract of merchandise without the supervision of his said host, or without making the said host privy to all the said merchandise, sales, purchases or contracts, as is aforesaid, he shall forfeit the value of the same goods or sales or the sum or the value for which the contract is made. And if any such mayor, sheriff or bailiff voluntarily leaves any such merchant without a host in the aforesaid manner to go at liberty, without arresting him and putting him in prison and punishing him in the aforesaid manner, the same mayor, sheriff or bailiff should forfeit £20 to you for each alien merchant so willingly allowed to go at liberty and unarrested, and for each such alien merchant and foreigner to whom such host is not assigned in the aforesaid manner. And if any man who is assigned by such mayor, sheriff or bailiff [col. b] to be host to each such alien merchant and foreigner refuses to be such a host he shall pay £10 to you each time that he so refuses to be a host. And each alien merchant and foreigner who does not spend the said money within the said eight months, as is said, or who sells his said merchandise in England after the same eight months, and then is duly convicted before any of your judges by his examination, then the same alien merchant and foreigner shall incur the aforesaid penalty and forfeiture, and he who made the said suit shall have a quarter of the said forfeitures and you shall have the other three quarters. And that this act and ordinance shall begin to take effect at Easter next coming [27 March 1440], and shall last until the end of eight years then next following. And that between now and the said Easter certain commissions should be made under your great seal, rehearsing all the same act and ordinance, and should be severally directed to the mayors, sheriffs or bailiffs of each city, town, borough and port of your said realm where such alien merchants and foreigners are or might be staying or repairing, urgently charging the same current and future mayors, sheriffs and bailiffs to announce the said act and ordinance and put them in due execution. Provided always that the merchants of the Hanse of Germany and all other merchants under your obedience shall not be included in this act and ordinance.
[memb. 5]
[editorial note: Responsio.] [editorial note: Answer.]
The kyng will, that it be as it is desired: so alway that by this provision and ordinaunce, no prejudice be yeven or done to any aliance or trewe made by the kynge, or any of his noble progenitours, afore this tyme. (fn. v-3-417-1) The king wills that it be as it is desired, so that by this provision and ordinance no prejudice is ever given or shown to any alliance or truce made by the king or any of his noble progenitors before this time. (fn. v-3-373-1)
V. [Collectors of the lay subsidy.] V. [Collectors of the lay subsidy.]
39. < Collectours of tenth and fifteenth. > Item, priount les communes: qe come devaunt cez hures, al temps de chescun .xv. me et .x. me a vous ou a voz progenitours grauntez, collectours de mesme le .x. me , deins lez citees et burghs du vestre roialme, eiantz citezeins ou burgeis de eux veignauntz al parlement, ount soveint este deputez et assignez, des gentz demurantz deins mesmes les citees et burghs, les queux et autres gentz demurantz en ycell, ount ore trade sovent foitz estez faitz collectours de les .xv. me et .x. me a vous graunteez, sibien en les countes deins quels mesmez lez citeez et burghs sount, come deins mesmes les citeez et burghs, a lour graunt perde et damage, et semblable d'estre en apres, si remedie ent ne soit purveux. 39. Collectors of the tenth and fifteenth. Item, the commons request: whereas in earlier days at times when each fifteenth and tenth was granted to you or to your progenitors, collectors of the same tenth in the cities and boroughs of your realm which had citizens or burgesses coming to parliament from them, were often appointed and assigned from the people living within the same cities and boroughs who, with other people living in the same, have lately often been made collectors of the fifteenth and tenth granted to you both in the counties in which the same cities and boroughs are and in the same cities and boroughs, to their great loss and damage, and likely to be the same in the future if remedy is not thereupon provided.
Please a vestre roial majeste de considerer lez premisses, et d'ordeigner par auctorite de cest present parlement, qe nul persone demurant deins ascun citee ou burgh deins vestre dit roialme, soit deputee ou ordeigne collectour de null .xv. me ne .x. me , en apres a vous ou a voz heirs a grauntiers, sinoon soulement deins les citees et burghs l'ou il est conversaunt, s'il n'est terres et tenementz en le countee, hors du dit citees et burghs, a la value de .c. s. par an, outre les charges et reprises. May it please your royal majesty to consider the foregoing and to ordain, by the authority of this present parliament, that no person living in any city or borough in your said realm shall be appointed or ordained collector of any fifteenth or tenth granted to you or to your heirs in the future save only in the city and borough where he is living, and if he has no lands and tenements in the county outside of the said city and borough to the value of 100 s . per year, beyond other charges and reprises.
[editorial note: Responsio.] [editorial note: Answer.]
The kyng will, that no man dwellyng wythin any citee or burgh of this roialme, of the which citee or burgh it hath ben used herafore, and yit is, the names of certeyn men by the persones for the saide citee or burgh commyng to the parlement, to be delyvered into the kynges chauncerie, to be collectours of the disme in the same citee or burgh, and wher uppon the kyng hath sent his lettres patentz to the same persones so named, and delivered into his said chauncerie, to be collectours of the disme or parcell therof, within the saide citee or burgh, and the which collectours hath accounted, and er bounden to accounte of þaire receite in þis partie immediatly in the kynges escheqer, [p. te-v-26][col. a] be in any wise depute nor assigned to be collectour of any quindsisme or any parcell therof, to the kyng or his heires graunted or to be graunted, within any shire of this roialme, olesse than he mowe spende in the shire, oute of the saide citee or burgh, in londes or tenementz to the value of .c. s. by yere, over the charges and reprises. (fn. v-3-428-1) The king wills that no man dwelling within any city or borough of this realm, in which it has been the custom in the past, and still is, for the names of certain men to be delivered into the king's chancery by the people coming to the parliament for the said city or borough, so that they might be collectors of the tenth in the same city or borough, and whereupon the king has sent his letters patent to the same persons so named, and delivered into his said chancery, to be collectors of the tenth, or part thereof, within the said city or borough, and which collectors have accounted and are bound to account for their receipt in this regard immediately in the king's exchequer, [p. tr-v-26][col. a] should be in any manner appointed or assigned to be collector of any fifteenth, or any part thereof, granted or to be granted to the king or his heirs within any county of this realm, unless he may dispose of in the county, outside of the said city or borough, lands or tenements to the value of 100 s . per year, beyond the charges and expenses. (fn. v-3-428-1)
VI. [Inquests.] VI. [Inquests.]
40. < Enquestes. > Item, priount lez communes du cest present parlement: de considerer coment en le parlement tenuz a Westm', lendemayn de Seynt Mathe l'appostel, l'an du vestre reigne .viij., (fn. v-3-432-1) ordeigne soit entre autres, qe nullz terres ne tenementz seisiez en mayns le roy, sur enquestes prisez devaunt lez eschetours ne commissioners, ne soient ascunement lessez ne grauntez a ferme, par chaunceller ou tresorer d'Engleterre, ou autre officer le roy qeconqe, tanqe mesmes les enquestes et verditz, soient retournez pleynement en la chauncerie ou en l'eschequyr, mez demurgent toutz tielx terrez et tenementz, entierment et continuelment en les mayns le roi, tan qe les ditz enquestes et verditz soient retournez, et par un moys apres mesme le retourne, si issint ne soit qe ceux ou celuy qe sente ou sentent eux grevez par mesmez les enquestz, ou oustez de lour terres ou tenementz, veignent en la chauncerie, et soy proferount de traverser lez ditz enquests, et soy offerount de prendre mesmez les terres et tenementz a ferme, soyent comys a eux s'ils monstrent bons evidences provauntz lour traverse estre verrouez, solonc la fourme de le statuit fait l'an .xxxvi. le roy Edward tierce, a tener tan qe l'issue sur mesme le traverse pris, soit trove et discusse pur le roy, ou pur le partie, trovaunt suffisaunt surete de suer le dit traverse ove effecte, et de rendre et payer au roi le annuell value dez terrez ou tenementz dount le traverse ensy serra pris, s'ils soit discusse pur le roy. Et si ascunz lettres patentz des ascuns terres ou tenementz, soient feitz au contrarie a ascun autre persone, ou lesse a ferme, deinz le dit moys de retourne, soient voidez et tenuz pur null. Le quel bon estatuit et ordenaunce, divers persones ymaginantz a subverter, et par lour subtilite de servire come de null, pursuount d'aver tielx dones, grauntes et fermes, par lettres patentz du roi, devaunt ascun inquisition ou title trove pur le roy de icelx, pretendauntz tielx donez et grauntz nient estre comprise ne remediez par le dit estatute, nient obstaunt qe il est en owell meschief de le dit estatuit. 40. Inquests. Item, the commons of this present parliament pray: that you consider how in the parliament held at Westminster the day after St Matthew the Apostle in the eighth year of your reign, (fn. v-3-432-1) it was ordained, among other things, that no lands or tenements seised in the king's hands as a result of inquests held before the escheators or commissioners should be leased or granted at farm by the chancellor or treasurer of England or any other of the king's officers whatsoever, until the same inquests and verdicts are fully returned in the chancery or in the exchequer, but that all such lands and tenements should stay wholly and continually in the king's hands until the said inquests and verdicts are returned, and for one month after the same return, unless it then happens that anyone who feels grieved by the same inquests or is removed from their lands or tenements should come to the chancery and offer to traverse the said inquests themselves, and offer to take the same lands and tenements to farm themselves, when this should be committed to them if they show good evidence proving their traverse to be true, according to the terms of the statute made in the thirty-sixth year of King Edward the third, to hold until the issue on the same traverse is taken, found, and examined for the king or for the party, and they should find sufficient surety to sue the said traverse with effect, and to render and pay to the king the annual value of the lands and tenements should the traverse thus be taken, if they should be found for the king. And if any letters patent concerning any lands or tenements should be made to the contrary to any person, or lease at farm within the said month of return, they should be void and held for nothing. Which good statute and ordinance various people plotting to subvert and to make ineffective by their scheming, sue to have such gifts, grants and farms by the king's letters patent, before each inquisition or title found for the king concerning it, pretending such gift and grants were not included or remedied by the said statute, notwithstanding that this is also an abuse of the said statute.
Please a vestre riall majeste, consideraunt le dit meschief, et le graunde perde, damage et disheriteson, queux divers de voz lieges par cel cause ount suffrez, et sount veresemblable a suffrer en apres, si due remedie ent de vestre bon grace ne soit purveux, d'ordeigner par auctorite de cest present parlement, qe nullez lettres patentz soient faitz a ascun persone ou persones, d'ascunes terres ou tenementz, devaunt inquis de vestre title en yceux trove en vestre chauncerie ou en vestre eschequyr retourne, si vestre title en yceux ne soit trove de recorde, ne deinz le moys apres mesme le retourne, s'il ne soit a luy ou ceux qe tende ou tendent lour travers, come desuis est dit. Et si ascunz lettres patentz soientz faitz a contrarie, soient voides et tenuz pur null. May it please your royal majesty, considering the said abuse and the great loss, damage and disinheritance which various of your lieges have suffered by this cause, and are very likely to suffer in the future if due remedy is not thereupon provided, to ordain of your good grace, by the authority of this present parliament, that no letters patent be made to any person or persons concerning any lands or tenements before the inquest of your title in this is found returned in your chancery or in your exchequer; if your title in this is not found of record, nor in the months after the same return, it shall go to him or them who tender their traverse, as is aforesaid. And if any letters patent are made to the contrary they should be void and held for nothing.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. (fn. v-3-439-1) The king wills it. (fn. v-3-439-1)
VII. [Escheators.] VII. [Escheators.]
41. < Eschetours. > Item, priount les communes: qe en cas qe ascun eschetour preigne ascun office devaunt luy, et ne retourne mesme l'office en vestre chauncellarie ou escheker, deinz le moys apres la pris d'icell, q'il soit ordeigne par auctorite de cest present parlement, q'il, outre la peyne de .xl.li., les queux il ad forfeit par l'estatut fait l'an de vestre regne oeptisme, soit tenuz a paier a vous soverain seignur, ataunt come vous estez endamage a cause de noun retourne de tiel office. Et qe le chaunceller [col. b] d'Engliterre appelle a luy le tresorer d'Engliterre, en lessant tielx fermes, pur due execucion faire de dit estatut fait le dit an oeptisme. 41. Escheators. Item, the commons request: that if any escheator should take up any office before him and not return the same office in your chancery or exchequer within the month after the taking of the same, that it should be ordained, by the authority of this present parliament, that, beyond the penalty of £40 which he must forfeit by the statute made in the eighth year of your reign, he should be held to pay to you, sovereign lord, as much as you were damaged because of the non-return of such office. And that the chancellor [col. b] of England shall consult with the treasurer of England in leasing such farms, making due execution of the statute made in the said eighth year.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. (fn. v-3-447-1) The king wills it. (fn. v-3-447-1)
VIII. [Duchy of Cornwall.] VIII. [Duchy of Cornwall.]
42. < Duchye of Cornewaill. > Priount lez communes: qe come plusours dez voz tenaunts et lieges, queux teignent de vous come de vestre duchee de Cornewaill, le quel duchee en voz mayns tan qe de vestre primer fitz apparera, et Dieu luy dona nestr', apres quel nestre, il serra mayntenaunt duk de Cornewayll, sount ore tard vexez, grevez, distreynez, et lour terrez et tenementz en voz mayns seises, par cause et colour d'alienacion faitz dez tielx terrez et tenementz de vous come de vestre duchee avauntdite tenuz, pur fyne faire a vous, pur chescun tiel alienacion, sicome lez terrez et tenementz dussent estez tenuz de vous en chief come de vestre corone, par l'ou ils payent relief solonc lour custome pur tiel alienacion. Et auxint puis le mort de tielx tenauntz, queux teignont par service de chivaler de vous come de vestre duchee avaunt dite, et deviount, esteount lour heirs deins age, ou de pleyn age, lez eschetours et autres voz ministres fount seiser auxi bien lez terrez et tenementz tenuz d'autres seignurs, come lez terrez et tenementz issint tenuz de vous, parnantz ent lez issues et profitz, par l'ou ils ne teignount mye de vous en chief come de vestre coroune, autrement qe soloit estre fait ou use devaunt sez heures, a graunt disheritance, enpoverisement et anientisement, sibien des ditz autres seignurs, come dez ditz tenauntz. 42. The duchy of Cornwall. The commons pray: whereas many of your tenants and lieges who hold of you as of your duchy of Cornwall, which duchy is in your hands until your first son should appear and God gives him birth, after which birth he will immediately become duke of Cornwall, are lately vexed, grieved and distrained and their lands and tenements seised in your hands because and by reason of an alienation made of such lands and tenements held of you as of your aforesaid duchy for a fine made to you for each such alienation, as the lands and tenements ought to have been held of you as of your crown, while they pay relief according to their custom for such alienation. And also after the death of such tenants who hold by knight's service of you as of your aforesaid duchy, and who become and are their heirs underage or of full age, the escheators and your other ministers have seised not only the lands and tenements held of other lords but also the lands and tenements held of you, taking the issues and profits of them, which they hold not at all of you in chief as of your crown, otherwise than is accustomed to be made or used before these times, to the great disinheritance, impoverishment and destruction of both the said other lords and also of the said tenants.
Please a vous tressoveraigne seignur, par assent dez seignurs spirituell et temporell en cest present parlement, d'ordaner et establier, que pur tiel alienacion fait ou afaire, dez terres et tenementz tenuz de vous come de vestre duchee de Cornewaill avauntdite, ne soit homme enchesonez, vexez ne grevez, ne lez terrez ou tenementz en voz mayns seisez. Et auxint qe par le mort d'ascun tiel tenaunt, qe tient de vous come de vestre dite duchee, ne soient terrez et tenementz tenuz d'autres seignurs seisez en voz mayns, n'en le mayne de voz heires, si issint ne soit qe tiel tenaunt teigne aillours de vous ou voz heirez en chief come de vestre coroune. Et qe si ascuns terrez ou tenementz, pur ascun dez causez avauntditz, sount ou serrount seisez en voz mayns, soient voz mayns mayntenaunt ent removez, et celuy qe est ou serra ouste, soit a mesme ceux terrez et tenementz restores, ove lez issuez et prositez prisez en le mene temps. Et qe l'eyr celuy tenaunt qe tient de vous par servyce de chivaler come de vestre dite duchee, esteant de pleyn age, mayntenaunt apres le mort son auncestre, purra entre saunz autre sute fayre en vestre chauncere, ou aillours. May it please you, most sovereign lord, with the assent of the lords spiritual and temporal in this present parliament, to ordain and establish that, for such alienation made or to be made of lands and tenements of you as of your aforesaid duchy of Cornwall, no man be blamed, vexed or grieved, nor the lands or tenements seised in your hands. And also that by the death of each such tenant who holds of you as of your said duchy, the lands and tenements held of other lords not be seised into your hands, nor into the hands of your heirs, if it does not happen that such tenant holds elsewhere of you or your heirs in chief as of your crown. And that if any lands or tenements, for any of the aforesaid reasons, are or shall be seised in your hands, they be removed immediately from your hands, and he who has been or will be dispossessed shall be restored to the same lands and tenements with the issues and profits taken in the mean time. And that the heir of a tenant who holds of you by knight's service as of your said duchy, being of full age, immediately after the death of his ancestor shall be able to enter without making any other suit in your chancery or elsewhere.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy s'advisera. (fn. v-3-458-1) The king will consider this further. (fn. v-3-458-1)
IX. [Order of knighthood.] IX. [Order of knighthood.]
43. < Order of knyghthode. > Item, prayen your saide comuns: þat þere as diversez of your lieges made with you their fynis, for somuche þat þei received noght the ordre of knyghode, afore the oeptas of Seint Michell, the yere of your regne the .ix. th , and now late diversez of your saide lieges have ayeine made theire fynes for you, for that þei received noght þe saide ordre afore þe feste of Penticost, þe yere of youre regne þe .xvij. th , al be hit þat diverses of youre saide lieges were noght seised of lond or rentes to þe value of .xl.li. yerely, bot in right of þeire wyves; and in case semblable, your saide lieges and ooþere of your saide lieges, bene like to be chargeed infinitely to like finis, at your will and your heires, to theire grete hyndring and losse. 43. Order of knighthood. Item, your said commons pray: whereas several of your lieges made their fines with you so that they did not receive the order of knighthood, before the octave of Michaelmas in the ninth year of your reign [6 October 1430], and now of late several of your said lieges have again made their fines for you so that they did not receive the said order before Whitsun in the seventeenth year of your reign [24 May 1439], even though various of your said lieges were not seised of land or rents to the value of £40 yearly except by right of their wives; and in similar cases, your said lieges and other of your said lieges are likely to be charged infinitely with similar fines, at your will and that of your heirs, to their great hindering and loss.
Please hit you, of your especial grace to considre þe premisses, and by the assent of your lordes espirituelx and temporelx in þis your present parlement assembled, by auctorite of þe same parlement to graunte and ordeine, þat what liege man of youres, þat hath made, [p. te-v-27][col. a] or shall make, with you or with your heires onys his fine, for þe noun receivyng of þe saide ordre of knighthode, aftre þe saide fine ones so made, be utterly so dischargeed ayenst you and your heires, for þe nounreceivyng of þe saide ordre atte all tymes thereaftre: and þat eche fine for þe nounreceivyng of þe saide ordre, excede nor passe in value fynes in cas semblable afor þis tyme, and last yere passed; for þe luf of God, and in way of charite. May it please you of your especial grace to consider the foregoing and, with the assent of your lords spiritual and temporal assembled in this your present parliament, and by the authority of the same parliament, to grant and ordain that whatever liege man of yours who has made, [p. tr-v-27][col. a] or shall make his fine once with you or with your heirs for the non-receiving of the said order of knighthood, after the said fine is thus made once, shall be utterly discharged towards you and your heirs for the non-receiving of the said order at all times thereafter; and that each fine for the non-receiving of the said order shall not exceed or pass in value fines in similar cases before this time and in the year last passed; for the love of God and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy s'advisera. (fn. v-3-466-1) The king will consider this further. (fn. v-3-466-1)
X. [Capture of ships.] X. [Capture of ships.]
44. < Master and maryners of shippes. > Prient les communes: qe come plusours gens de comunes suisditz, possessours de niefs et vesseaux du roialme nostre soverein seigneur, les maistres et mariners de tielx niefs et vesseaulx, parnours des niefs et vesseaux de Spayne, et d'autres parties adversaires et enemyes au dit nostre soverein seignour, par le suyte des merchantes alienes de l'amite du dit nostre roy, fait devant le roy et son consaill, et aucun foitz devaunt le chaunceller d'Engleterre, ont este graundement vexez, et sont de jour en autre, de ce qe lez ditz parnours pristeront leur biens et marchandises, charges en mesmes les niefs et vesseaux de Spayne, et autres parties enemys suisditz, et aucun foitz par faux tesmoignes, marques et lettres testimoniaulx contrevez, sont restorez as ditz biens et merchaundises, ove lour damages et expenses, a graunt et grevouse damage des ditz possessours, mestres et mariners, parnours susditz, discorage as lieges nostre dit seignur le roi a faire niefs et vesseaulx, et en anientisement du navie de roialme susdit. 44. Masters and mariners of ships. The commons pray: whereas many people of the aforesaid commons, owners of ships and vessels of the realm of our sovereign lord, the masters and mariners of such ships and vessels, captors of the ships and vessels of Spain and others who are adversaries and enemies to our said sovereign lord, by the suit of alien merchants of the friendship of our said king made before the king and his council, and sometimes before the chancellor of England, have been and are daily greatly troubled because the said captors have taken the goods and merchandise which the alien merchants loaded in the same ships and vessels of Spain and of other aforesaid enemies, and sometimes by false testimony, letters or reprisal and counterfeit letters testimonial had to reinstate the said goods and merchandise, with their damages and expenses, to the great and grievous damage of the said owners, masters and mariners, aforesaid captors, in discouragement of the lieges of our said lord the king from making ships and vessels, and in complete destruction of the fleet of the aforesaid realm.
Que plese au roi nostre soverein seignur de considerer le matere susdit, et coment les biens et marchandises dez lieges du roy en semble cas chargez et prisez, sount forfaitez au roy. Et sur ce, par advis dez seignurs espirituelx et temporelx en ceste present parlement assemblez, et par auctorite de mesme le parlement, d'ordeigner et graunter, qe les ditz marchantes alienes, a leur volunte pourront charger tieulx niefs et vesseaulx de Spayne, et d'autres parties adversaires et enemyes du roy, si lez mestres, possessours ou marchantes, de tielx vesseaux et niefs, eient lez lettres patentes du roy de son saufconduyt, surte ou saufgarde, pour tielx niefs, vesseaulx et marchandises, faisant mencion du noun du niefs ou vesseaux, et de noun de mestre d'icelles niefs et vessealx, si come le manere est. Et si ascunes tielx niefs, ou vesseaulx, chargez ove ascunes marchandises de tielx marchauntes avantditz, soient prisez sur meer par lez leeges du roy, non eiant lez lettres patentes du roy come avant est dit, dedeins le bord de tielx niefs ou vesseaulx, a jour de la price, ne qe tieles lettres patentes, de jour de la price, soient en le chauncellerie du roy enrolles de record, qe adonques les parnours possessours, les biens et marchandises ensi prisez pourront enjoier et tenir, [memb. 4] aucun estatut ou ordenance fait a la contrarie nou obstant. Et qe cest estatut et ordenance foit comence a tenir sa force, a la fest de Seint Michell proschein venant, et qe proclamacion en soit fait sur lez costes de la meer, tost apres cest ordenaunce, a l'entent qe les ditz marchantes alienes pourrount avoir conisance de mesme l'ordenance. May it please the king our sovereign lord to consider the aforesaid matter, and how the goods and merchandise of the lieges of the king loaded and taken in similar cases were forfeit to the king. And thereupon, with the advice of the lords spiritual and temporal assembled in this present parliament, and by the authority of the same parliament, to ordain and grant that the said alien merchants, at their will, can load such ships and vessels of Spain and of other parties who are the king's adversaries and enemies, if the masters, owners or merchants of such vessels and ships have safe-conduct, surety or are safeguarded by the letters patent of the king, for such ships, vessels and merchandise, making mention of the names of the ships and vessels, and the name of the master of the same ships and vessels, as is the custom. And if any such ships or vessels loaded with any merchandise of such aforesaid merchants be taken on the sea by the lieges of the king, not having the king's aforesaid letters patent as is aforesaid, on board of such ships or vessels on the day of the taking, whether enrolled on record in the king's chancery, that then the captors can enjoy and hold the goods and merchandise thus taken, [memb. 4] notwithstanding any statute or ordinance made to the contrary. And that this statute and ordinance shall begin to take force at Michaelmas next coming, and that proclamation shall be made on the sea coasts soon after this ordinance, to the intent that the said alien merchants can have knowledge of the same ordinance.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. (fn. v-3-474-1) The king wills it. (fn. v-3-474-1)
XI. [Appearances in suits.] XI. [Appearances in suits.]
45. < Owtlarie. > Priont lez comonz: qe please a roy de sa habundant grace, considerer lez grauntz mischiefez et damagez contenuz en un estatut determine, feet l'an de son noble regne disme, (fn. v-3-477-1) le tenure de quel est annexe a cest bill. Et outre ceo, semblable damagez le quel avient sibien a nostre seignur le roy, come a sez povre liegez et subjectez, pur ceo qe en les recordes dez diverz et plusours utlagariez, l'entre est, qe le partiez apparent par lour attorneys, [col. b] l'ou les attorneys n'ount garraunt de recorde; a cause de quel, lez ditz utlagaries sont reversable, et pur le greindre partie reversez; et sur ceo de ordeigner par l'assent et auctorite de cest present parliament, qe le dit estatut soit asserme, tenuz et garde a toutz jours. Et qe nul officer contenuz en le dit estatut face le contrarie de cell, sur peyn de forfere .xl. s. a roy, chescun foitz qe il est de ceo atteint, par due examinacion feet par ascun des justicez de mesme le place, devaunt qe ascun entre ou recorde est. Et qe chescun attorney, qe n'ad son garraunt entre de recorde en toutz cez suytez, en les queux prose de capias et exigent est agardable, mesme le terme en le quel l'exigent est agarde, ou devaunt, et sur ceo soit atteint par semblable examinacion, pur chescun foitz qe il issint offende, encourge la peyn avauntdit. Le tenure ensuyt: 45. Outlawry. The commons pray: that it may please the king by his abundant grace to consider the great mischief and damage contained in one undetermined statute, made in the tenth year of his noble reign [1432], (fn. v-3-477-1) the tenure of which is attached to this bill. And furthermore, similar mischiefs which have harmed not only our lord the king but also his poor lieges and subjects, because in the records of various and many outlawries it is entered that the parties appear by their attorneys, [col. b] where the attorneys do not have warrant of record, because of which the said outlawries are reversible and for the most part are reversed. And thereupon to ordain, by the assent and authority of this present parliament, that the said statute be affirmed, held and kept to last forever. And that no officer embraced by the said statute act against the same on pain of forfeiture of 40 s . to the king each time that he is attainted in this matter, by due examination made by any of the justices of the same place, before whom any entry or record is made. And that each attorney who does not have his warrant entered of record in all these suits, in which process of capias and exigent is awardable, the same term in which the exigent is awardable, or before, and thereupon be attainted by similar examination for each time that he thus offends and incur the aforesaid penalty. The tenure follows:
Item, pur ceo qe diverz liegez le roy, avaunt cez hurez ount este utlagez, vexez et graundement disseisez en divers suytez, sibien devaunt le roy mesme en son bank, come en le commune bank, en lez recordes lez queux suytez lez entrez ount este faitz, qe le plentifs en mesme le suytez optulerunt se in propria persona sua, l'ou mesme lez pleintifez en mesme lez suytez n'apparerunt as tielez suytez, ne conusaunce avoient de cell, en graunt mischief dez ditez liegez, si remedie ne soit purveu en cell partie. Nostre seignur le roi, voilleit en ceo cas purvoier de remedie, ad ordeigne par auctorite de cest parlement, qe null philiser, exigentere, ne autre officer, desore en avaunt fait tiel entre en ascun suyte, si non qe le plentifs en mesme le suyte, avaunt qe ascun tiel entre soit fait, apparage en le propre person, devaunt ascun dez justices de lieu l'ou le plee est ou serra pendaunt, et illouqes soit jure sur un livere, qel est mesme le person du qe noun' le dit suyte est suye, ou qe auter creable person de son counsell, fait tiel suerment pur luy. Et dura cest ordinaunce tanqes all prochyn parliament. Item, because various lieges of the king before these times have been outlawed, vexed and greatly disseised in various suits, both before the same king in his Bench and also in the Common Bench, which suits being entered in the records have been made so that the plaintiffs in the same suits appeared in their own persons, where the same plaintiffs in the same suits did not appear to such suits, no knowledge is had of the same to the great mischief of the said lieges if remedy is not provided in this matter. Our lord the king, wishing to provide remedy in this case, has ordained, by the authority of this parliament, that no filacer, exigenter or other officer henceforth shall make any entry in any suit unless the plaintiffs in the same suit appear in their own person before any such entry is made before any of the justices of the place where the plea is or will be pending, and then shall swear on the book that he is the same person whose name the said suit is in, or that another credible person of his council make such surety for him. And this ordinance shall last until the next parliament.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. (fn. v-3-482-1) The king wills it. (fn. v-3-482-1)
XII. [Commissions of sewers.] XII. [Commissions of sewers.]
46. < Commissyons of sewers. > Priount les communez: que come al parlement tenuz a Westm', a la quinszisme de Saint Michell, l'an de vestre regne sisme, (fn. v-3-485-1) pur les graundes damages et perdes queux avindrent, par les graundes cretens de l'ewe du miere, en diverses parties de cest vestre roialme, par auctorite de mesme le parlement fuist ordeigne et graunte, qe par dys ansz donqes proschein ensuantz, severalx commissions des sewers serroient faitz as diverses persones, par le chaunceller d'Engleterre pour le temps esteant a nommers, en toutz les parties du dit vestre roialme qe mestier serroit, solonc la fourme q'ensuyt en mesme l'estatut. Et ore tarde, en diverses partiez del dit vestre roialme, par les graundes cretens de l'ewe du miere, plusours villes et terres en graunde quantite sount surroundes et distroies, a tres graunde anientisement de dit vestre roialme, et plusoures greindes damages sount verisemblement avenirs, si remedie ne soit hastiment purveu en cell partie. 46. Commissions for sewers. The commons pray: whereas at the parliament held at Westminster on the quinzaine of Michaelmas in the sixth year of your reign, (fn. v-3-485-1) for the great damage and losses which arise from the great floods of sea water in various parts of this your realm, by the authority of the same parliament, it was ordained and granted that for ten years then next following several commissions of sewers would be made to various persons to be named by the chancellor of England at the time in all the parts of your said realm which were in need, according to the terms which follow in the same statute. And lately, in various parts of your said realm, as a result of the great floods of sea water many towns and lands are to a considerable degree surrounded and destroyed, to the very great destruction of your said realm, and many greater damages are likewise going to happen if remedy is not hastily provided in this matter.
Par qi please a vestre hautesse de vestre grace especial, del assent de voz seignurs spirituelx et temporelx en ceste vestre present parlement assembles, et par auctorite de mesme le parlement, d'ordeigner et establier, qe par dys ansz proscheins ensuantz apres cest vestre dit present parlement, severalx commissions des Sewers soient faitz as diverses persones, par le chaunceller d'Engleterre pour le temps esteaunt a nommers, en toutz les parties du dit vestre roialme qe mestier serra, solonc la fourme et l'effect d'une commission contenuz en le dit estatute, mesme l'an sisme. Et outre ceo, d'ordeigner et establier par l'auctorite de cest present parlement, qe toutz tielx commissioners eient poier pour faire, ordeigner et executer, [p. te-v-28][col. a] estatutes, ordinances et autres affaires, solonc l'effect et purporte des ditz commissions. May it please your highness of your special grace, with the assent of your lords spiritual and temporal assembled in this your present parliament, and by the authority of the same parliament, to ordain and establish that for the ten years next following after this your present parliament several commissions of sewers shall be issued to various persons to be named by the chancellor of England at the time, in all the parts of your said realm where there is need, according to the terms and effect of a commission contained in the said statute of the same sixth year. And furthermore, to ordain and establish, by the authority of this present parliament, that all such commissioners have power to make, ordain and execute [p. tr-v-28][col. a] statutes, ordinances and other business, according to the effect and purport of the said commissions.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. (fn. v-3-490-1) The king wills it. (fn. v-3-490-1)
XIII. [Justices of the peace.] XIII. [Justices of the peace.]
47. < Justices of peace. > Item, priount les communes: qe come par l'estatutz faitz en temps du voz nobles progenitours ordeigne soit, qe en chescun counte d'Engleterre, soient assignez justices du la pluis vailauntz du mesme les countes, pur gardier la peas et aultres choses affaire, come en mesmes les statutz pleinement est contenuz; les qeux estatuitz nient obstantz, en plusours countees d'Engliterre ore tarde ount este deputez et assignez, pluis graunde noumbre qe ne soloit avaunt ces hures, dount ascunz sont du petite avoir, par qeux les gentz ne voilent estre governez ne demeosnes, et ascunz pur lour necessite fount graunde extorcion et appression sur le people, dount graundes inconvenientz sount sembleablez de surdier de jour en aultre, si remedie ent par vous tresgraciouse seignur ne soit purveux. 47. Justices of the peace. Item, the commons pray: whereas by the statute made in the time of your noble progenitors it was ordained that in each county of England justices would be assigned from the more worthy men of the same counties for keeping the peace and performing other duties, as is contained fully in the same statute; notwithstanding such statute, in many counties of England lately a very great number than was accustomed before this time have been appointed and assigned, of whom some are of little wherewithal, by whom the people do not wish to be governed or owned, and some because of their necessity make great extortion and oppression on the people whereby great inconveniences are likely to arise daily if remedy is not provided thereupon by you, most gracious lord.
Please a vestre noble grace d'ordeigner et establier par auctorite de cest present parlement, qe nul justice du peas deins le roialme d'Engliterre, en nul counte soit assigne ou depute, s'il n'eit terrez et tenementz a la value du .xx.li. par an. Et si ascun soit ordeigne en apres justice du peas en ascun counte, qe n'ad terrez et tenementz a le value suisdit, qe il de ceo notifie le chaunceller d'Engliterre pur le temps esteant, le quel mette un aultre sussisaunt en son lieux, et s'il ne face le dit notificacion come devaunt, deins un mois apres ceo qe il ad notice du tiel commission, ou s'il seye ou face ascun garaunt ou precept par force du tiel commission, qe il encourge la peine du .xx.li. et nient meins soit ouste del commission, come devaunt; et eit le roy l'un moite du dit peine, et celuy qe veult suer pur le roy l'autre moite; et eit celuy qe ensy veult pursuer pur le roy et pur luy mesmz accion a demandier mesme le peine par brief de dette al commune ley: purveu toutz foitz, qe cest ordenaunce ne se extende as citees, viles ou burghs, qeux sount countees encorporates de eux mesmes, ne as citees, viles ou burghs, qe ount justice du peas du gentz demurantz en icels, par commission ou grauntz du roy, ou de sez progenitours. May it please your noble grace to ordain and establish, by the authority of this present parliament, that no justice of the peace shall be assigned or appointed in any county in the realm of England unless he has lands and tenements to the value of £20 per year. And if any justice of the peace is ordained henceforth who does not have lands and tenements to the aforesaid value, that he notify the then chancellor of England of this, who shall put another adequate person in his place. And if he does not make the said notification as aforesaid within one month after he had notice of such commission, or if he makes any warrant or precept by force of such commission, that he incur the penalty of £20 and also be removed from the commission, as aforesaid; and the king shall have the one half of the said penalty, and he who wishes to sue for the king shall have the other half; and he who thus wishes to sue for the king and for himself shall have the same action to demand the same penalty by writ of debt according to common law. Provided always that this ordinance does not extend to cities, towns or boroughs which take their justices of the peace from people dwelling in the same by commission or grant of the king or of his progenitors.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. Purveu toutz foitz, qe s'ils ne soient gentz suffisantz, eiantz terres et tenementz a le value suisdit, apris en la ley et de bon governaunce, deinz ascun tiel counte, qe le chaunceller d'Engleterre pur le temps esteant, eit poair de mettre autres discretz, apris en la ley, en tielx commissions, mesqe ils ne eient terres et tenementz a la value suisdit, par sa discrecion. (fn. v-3-498-1) The king wills it, provided always that if no people having lands and tenements to the aforesaid value shall be adequate, learned in the law and of good governance in any such county, that the chancellor of England at the time has power to put other discreet persons learned in the law in such commissions, even if they do not have lands and tenements to the aforesaid value, at his discretion. (fn. v-3-498-1)
XIV. [False indictments.] XIV. [False indictments.]
48. < Endytement. > Item, priount lez communes: qe come al parlement tenuz a Westm', le seconde joure de May, l'an du reigne le roy Henry quint, vestre noble pier, qe Dieu assoille, .ix. me , entre autres ordeigne fuist et establie, (fn. v-3-501-1) pur ceo qe plusours gentz par malice, enmite et vengeaunce, facent sovent foitz lez foialx lieges du roy, estre appellez ou enditees en divers countees des tresons ou des feloniez, supposantz par lez ditz appelles ou enditementz, qe lez ditz tresons et felonies furent faitz en un certeyn lieu, en tiel counte ou l'enditement est fait, ou serra declare par lez ditz appellees, l'ou nul tiel lieu est en mesme le counte, qe le processe d'icell soient voides et tenuz pur null. Et qe lez enditours, procuratours et conspiratours, soient auxint puniz par imprisonement, fyn et raunsoun, pur avauntage du roy, par discrescion des justices. Et qe lez ditz appellees ou enditez, purront aver briefs du conspiracie vers lour enditours, procuratours et conspiratours, et recoverer lour damages. Et qe cest ordenaunce estoise en sa force, tanqe a proschein parlement a tenere puis la revenu nostre dit soveraigne seignur le roy en Engleterre, de par dela; le quel estatuit, par le [col. b] trespassement du vestre dit pier, par opinion des ascuns est expire, et par opinion des ascunes nient expire. 48. Indictment. Item, the commons pray: whereas at the parliament held at Westminster on 2 May in the ninth year of the reign of King Henry the fifth, your noble father, whom God absolve, it was ordained and established, among other things, (fn. v-3-501-1) that because many people through malice, enmity and vengeance often caused the faithful lieges of the king to be called or indicted of treason or of felonies in various counties, supposing by the said appeals or indictments that the said treasons and felonies had been committed in a certain place in the county where the indictment was made, or such place as is or will be declared by the said appellants, where no such place is in that county, the process of the same shall be void and held for nothing. And that the indictors, proctors and conspirators also shall be punished by imprisonment, fine and ransom to the king's advantage, at the discretion of the justices. And that the said called or indicted persons can have writs of conspiracy against their indictors, procurators and conspirators and recover their damages. And that this ordinance shall be in force until the next parliament to be held after the return of our said sovereign lord the king to England from overseas; which statute, by the [col. b] passing of your said father, in the opinion of some, is expired and in the opinion of others has not expired.
Please a vestre noble discrescion, considerez, qe le dit ordenaunce, et autres divers ordenaunces faitz en mesme l'an, adurer en mesme le fourme, qeeux divers entendent ensy par le cause suisdit estre expires, et nemye autrement repelles, furent bouns et profitables pur le bien du vous et voz lieges, pur declarer et ordeigner par auctorite du cest present parlement, qe toutz les ordenaunces le dit an .ix. me faitz, et ensy par la mort du vestre dit pier, come ascuns entendent, expires, et nient autrement repelles, soient et demurgent effectuelx et availablez estatuits et ordenaunces en ley, perpetuelment adurers. May it please your noble discretion to consider that the said ordinance and other various ordinances made in the same year should endure in the same terms, which some people understand thus for the aforesaid reason to be expired and not otherwise repealed, and should be good and profitable for the benefit of you and your lieges to declare and ordain by the authority of this present parliament that all the ordinances made in the said ninth year, and thus by the death of your said father, as some people understand, expired and not otherwise repealed, should be and remain effective and valid statutes and ordinances in law, perpetually enduring.
[editorial note: Responsio.] [editorial note: Answer.]
Quaunt a l'article expressement et en especial especifiez en cest peticion, le roy voet, q'il soit fait come est desire; (fn. v-3-506-1) et quaunt a le remenaunt de mesme la peticion, le roy s'advisera. As regards the article expressly and especially specified in this petition, the king wills that it be done as is desired; (fn. v-3-506-1) and as regards the rest of the same petition, the king will consider this further.
XV. [Outlawries in Lancashire.] XV. [Outlawries in Lancashire.]
49. < Exigent. > Item, priount lez communes: qe come al parlement tenuz a Westm', le seconde joure de May, l'an du reigne le roy Henry quint, vestre noble pier, qe Dieu assoille, .ix. me , entre autres ordeigne fuist et establie, qe null dez lieges nostre seignur le roy, vers queux exigent serra agarde, ou utlagez al suyte le roy nostre soveraigne seignur en temps a venir, ou al suite du partie, en le counte de Lancastre, forface ascuns de sez biens ou chateux, terres ou tenementz, en autres counteez, forsprisez lez biens et chateux, terrez ou tenementz, qeeux lez ditz utlagez ount en mesme le counte du Lancastre. (fn. v-3-509-1) Purveu toutz foitz, qe le statute fait l'an primere le roy Henry quart, pier a mesme cesti roy nostre soveraigne seignur Henry quint avauntdit, encountre lez gentz del counte du Cestre, (fn. v-3-509-2) qe fount as divers lieges du roy, en divers countees d'Engleterre, divers homicidiez, murdrez, roberies, bateriez, trespasses, et autres riotes et malfaitz, estoise en sa force, non obstant mesme le ordenaunce. Et qe le dit ordenaunce estoise en sa force, tanqe a parliament primerement a tener puis la revenu nostre dit soveraigne seignur le roy en Engleterre, de par dela; le quel estatuit, par le trespassement du vestre dit pier, par opinion d'ascunz est expire, et par opinion d'ascuns nient expire. 49. Exigent. Item, the commons pray: whereas at the parliament held at Westminster on 2 May in the ninth year of the reign of King Henry the fifth, your noble father, whom God absolve, among other things, it was ordained and established that none of the lieges of our lord the king against whom exigent should be decreed, or outlaws at the suit of the king our sovereign lord in the future, or at the suit of a party in Lancashire, should forfeit some of their goods or chattels, lands or tenements in other counties, except the goods and chattels, lands or tenements which the said outlaws have in the same Lancashire. (fn. v-3-509-1) Provided always that the statute made in the first year of King Henry the fourth [1399], father to the same king our aforesaid sovereign lord Henry the fifth, against the people of Cheshire (fn. v-3-509-2) who committed various homicides, murders, robberies, batteries, trespasses and other disturbances and injuries upon various lieges of the king in various counties of England, be in force notwithstanding the said ordinance. And that the said ordinance shall be in force until the first parliament to be held after the return of our said sovereign lord the king to England from overseas; which statute, by the death of your said father, in the opinion of some is expired and in the opinion of others has not expired.
Please a vestre noble grace, considerez, qe la dit ordenaunce, quel diversez entendount ensi par la cause suisdit estre expire, et nemye autrement repelle, fuist bone et profitable ordenaunce, pur la bien du vous et voz liegez, pur declarer et ordeigner par auctorite du cest present parlement, qe la dit ordenaunce en le manere et fourme le dit an .ix. me fait, et ensi par la mort du vestre dit pier, come ascuns entendent, expire, et nient autrement repelle, soit et demurge effectuell et available estatute et ordenaunce en ley, perpetuelment adurer. May it please your noble grace to consider that the said ordinance, which some understand thus for the aforesaid reason to be expired and not otherwise repealed, is a good and profitable ordinance for the benefit of you and your lieges, and to declare and ordain, by the authority of this present parliament, that the said ordinance made in the manner and form in the said ninth year, and thus by the death of your said father, as some understand it, expired and not otherwise repealed, shall be and remain an effective and valid statute and ordinance in law, enduring forever.
[editorial note: Responsio.] [editorial note: Answer.]
The kyng will, that it be as it is desired by this peticion, to endure to the next parlement, and so forth in perpetuite; if so be that betwix this and the same next parlement, no such inconvenience fall in this partie, for the which it shall seme the kyng and the lordes of the parlement atte that tyme, that it be noght expedient this ordinaunce to endure any longer from thens forward. (fn. v-3-514-1) The king wills that it be as it is desired by this petition, to last until the next parliament and henceforth forever, if, between this and the same next parliament, no such inconvenience occurs in this matter by which it shall seem to the king and the lords of the parliament at the time that it is not expedient for this ordinance to last any longer thenceforward. (fn. v-3-514-1)
[memb. 3]
XVI. [Hides and tallow.] XVI. [Hides and tallow.]
50. < Hides and talowe. > Praieth the commens: that wher bi certain estatutis bi fore this tyme made, it is ordeyned, that hides and talowe goyng out of this youre roialme, shold be hadde to youre staple of Calys there to be sold; the which at the same staple can not be sold, nother abere the costes and other charges of thaire longe lyggyng and beyng there, the which causeth litill such merchaundise to be hadde out of youre seide roialme, to grete decrece of youre subsedy and custom, and sore [p. te-v-29][col. a] abatyng of the price and value thereof withynne the same roialme, and to grete hyndryng of youre pore commune. 50. Hides and tallow. The commons pray: whereas in certain statutes made before this time it is ordained that hides and tallow exported from this your realm should be taken to your staple of Calais to be sold there; yet these cannot be sold at the same staple, nor bear the costs and other charges of lying and being there for so long, which results in little merchandise of this kind being taken out of your said realm, to the great decrease of your subsidy and custom and much [p. tr-v-29][col. a] reduction of the price and value thereof within the same realm, and to the great hindering of your poor commons.
Plese it to youre highnesse to considre this aforeseide, and there uppon to graunt and ordeyne, by the assent of the lordes espirituelx and temporelx in this present parlement assembled, and bi auctorite of the same parlement, that all maner of hides, calves skynnes, connyngfell and talowe, goyng out of this youre seide roialme by eny merchaunt Englyssh, may bi thaym be lesefully caried and hadde by wey of merchaundy, to other places of youre amystee than to the saide staple, without eny forfaiture of the same, empechyng or grevyng of youre seide merchauntis; the custumes and subsediis, and other duetees þereof due to you beyng paied: eny estatut to the contrarie hereof made notwithstandyng: this to begynne atte the fest of Estre next commyng, to endure be the space of .iij. yere þenne next folowyng. May it please your highness to consider this aforesaid matter and thereupon to grant and ordain, with the assent of the lords spiritual and temporal assembled in this present parliament, and by the authority of the same parliament, that all manner of hides, calf skins, rabbit pelts and tallow exported from this your said realm by any English merchant may lawfully be carried by them and taken as merchandise to other places of your alliance than to the said staple, without any forfeiture of the same or preventing or harming your said merchants; the customs, subsides and other duties thereof due to you being paid; notwithstanding any statute made to the contrary hereof. This is to begin at Easter next coming, and to last for three years then next following.
[editorial note: Responsio.] Le roy s'advisera. (fn. v-3-521-1) The king will consider this further. (fn. v-3-521-1)
XVII. [Corruption of sheriffs.] XVII. [Corruption of sheriffs.]
51. < Panells etc. > Priount les communes: qe come les graundes perjuries de jour en autre haboundent deinz vestre roialme d'Engliterre, pluis qe ne soloient en temps passe, a cause des favourables arraiez et panelx faitz par viscountz, south viscountz, et autres qe ount poer affaire ou arraier tielx arraiez ou panelx, pur graundes dounes et regardes q'ils preignount pur ycelles, par ount divers de voz lieges sount disheritez et anientisez, et autres mys a graunde perde de lour biens et chateux, et ascuns a graunde peril de lour vies, encountre droit, bon foy et conscience. 51. Panels etc. The commons pray: whereas great perjuries daily abound in your realm of England, more than were formerly accustomed, because of partial arrayals and panels made by sheriffs, under-sheriffs and others who have power to make or arrange such arrayals or panels, for the great gifts and considerations which they take for the same, whereby some of your lieges are disinherited and ruined and others put to great loss of their goods and chattels, and some to the great peril of their lives, against right, good faith and conscience.
Please a vestre hautesse de considerer les premisses, et pur oustier tielx perjuries, d'ordeigner par auctorite de cest present parlement, qe si ascun viscount, south viscount, ou ascun autre qe ad poier affaire et arraier tielx arraiez et panelx, preigne par luy ou par ascun autre a son oeps, ascun lower, doun ou regarde, pur faire ou arraier tielx arraiez et panelx, qe celluy qe soy sent greve en cell partie, eit sa suyt par brief ou par bille, vers le viscount, south viscount, ou autres qe ferront tielx arraiez ou panelx, devaunt les justices ou les ditz arraiez et panelx serrount retournez, de recoverer dys foitz ataunt q'ils resceiveront pur tielx arraiez ou panelx affaire. Et eient les ditz justices poer par auctorite suisdit, d'oier et terminer tielx suytz, sibien par examinacion des defendauntz en ycell suytz, come par triell d'enquestes ent apprendre, et de douner juggement pur les ditz pleyntifs, envers les ditz defendauntz et chescun de eux, qe ensy serront trovez coupables, et de ceo agarder execucion. Et en chescun tiel suyt par brief soit agarde tiel processe come serra agarde en brief de trespas fait encountre vestre peas; purveu qe chescun suyt, qe serra pris envers viscountz, south viscountz, ou autres qe ferroient ou arraieront tielx arraiez ou panelx, soit pris en mesmes les countees, ou ils serront viscountz, south viscountz ou officers, a temps de tielx panelx ou arraiez affairs ou arraiers; et qe ceste ordenaunce commence a tenir lieu al fest de Pasqe proschein avenir. May it please your highness to consider the foregoing and, for preventing such perjuries, to ordain, by the authority of this present parliament, that if any sheriff, under-sheriff or any other who has power to make and arrange such arrayals and panels should take for himself or for any other to his use any reward, gift or consideration for making or arranging such arrayals and panels, that he who has been harmed in this matter should have his suit by writ or by bill against the sheriff, under-sheriff or others who made such arrayals or panels before the justices where the said arrayals or panels were returned, to recover ten times that which they received for making such arrayals or panels. And the said justices shall have power, by the aforesaid authority, to hear and determine such suits, both by examination of the defendants in this suit and by trial of inquests thus taken, and for giving judgement for the plaintiffs against the said defendants and each of them who thus were found culpable and for decreeing execution in this matter. And in each such suit by writ such process shall be decreed as would be decreed in a writ of trespass made against your peace. Provided that each suit which would be taken against sheriffs, under-sheriffs or others who should make or arrange such arrayals or panels shall be taken in the same counties where they were sheriffs, under-sheriffs or officers at the time such panels or arrayals were made or arranged; and that this ordinance should begin to take effect at Easter next coming.
[editorial note: Responsio.] [editorial note: Answer.]
Soit fait come est desire par cest peticion, a durer tanqe a proschein parlement; et si a proschein parlement, semblera au roy et a les seignurs, qi adonqes serront en icell parlement, cest ordinance d'estre bon ordinance pur le bien du roy, et de son roialme, adonqes icell ordinance endurera perpetuelment: savaunt tout temps a chescun persone sez libertee et franchise. (fn. v-3-528-1) It shall be done as is desired by this petition, to last until the next parliament. And if at the next parliament it should seem to the king and to the lords who will then be in the same parliament that this ordinance is a good ordinance for the benefit of the king and of his realm, then the same ordinance shall last forever; saving always to each person his liberty and franchise. (fn. v-3-528-1)
XVIII. [Misconduct of shipmen.] XVIII. [Misconduct of shipmen.]
52. To the right wyse and discrete comynes of this present parlement, plese hit unto yowre wyse discretions to considre: how that for as moche as maistres and mariners of certein schippes and vesseles of this noble [col. b] roialme, aswell of aventure of wynde and of the see, as by rekelesnesse and misgovernaile of suche maistres and mariners with suche shippes and vesseles, upon the see and with inne portes, aswell yn this side of the see, as by yende the see, have hert and brused other schippes and vesseles, by the whiche the awners of suche schippes and vesseles, ofte tyme have ben vexed, trobled, sore hert and gretely endamaged, where as they were nought present, ne prive, ne of the assent of suche trespasses, in no wyse to be don, ayens goode reson, lawe and conciens; and ther uppon to pray the kyng oure soveraigne lord, that hit like his highnesse, by the assent of the lordys spirituell and temporell in this present parlement assembled, and by auctorite of the same parlement, to ordeine and graunte, that no awner ne possessour of suche schippes and vesseles, by suche trespasses and wronges afor rehersid, be vexed, greved ne endamaged, ne thare said shippes and vesseles forfait; where as the awners and possessours were nought present, prive ne partie, ne by thar commaundement ne assent, ne yn defaute of cables and ancres for here seid schippes and vesseles, where as they be at rode, by the which trespasses any man or childe be nought dede. For the love of God, and in the wey of charite. 52. To the most wise and discreet commons of this present parliament; may it please your wise discretions to consider: whereas masters and mariners of certain ships and vessels of this noble [col. b] realm, both by adventure of wind and sea and by the recklessness and mishandling of such masters and mariners with such ships and vessels upon the sea and within ports, both on this side of the sea and overseas, have hurt and damaged other ships and vessels, by which the owners of such ships and vessels have often been vexed, troubled, sorely hurt and greatly damaged, where they were not present at, nor privy to, nor in agreement with such trespasses to be committed in any manner against good reason, law and conscience. And thereupon to request the king our sovereign lord that it might please his highness, with the assent of the lords spiritual and temporal assembled in this present parliament, and by the authority of the same parliament, to ordain and grant that no owner nor possessor of such ships and vessels, by such trespasses and wrongs rehearsed above, shall be vexed, harmed or damaged, or forfeit their said ships and vessels; where the owners and possessors were not present, privy nor party to, nor by their commandment or assent, nor in default of cables and anchors for their said ships and vessels when they are at anchor, by which trespasses any man or child is killed. For the love of God, and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy s'advisera. The king will consider this further.
XIX. [Records of legal processes.] XIX. [Records of legal processes.]
53. < Rolles, reconysaunce, surete, etc. > Praieth the comyns of this present parliament: that where the rolles, reconisauncez, suertees of pees, enditementes, presentamentes, writtes, and al other maner of recordes and processes of youre bynche, byfore youre justices to the plees byfore yow to be halden assigned, out of tyme that no mynde is, have be kept in youre tresory therto accustumyd and ordeyned with in the Abbey of Westmynstre, under the kepyng of youre chief justice of youre bynche to youre said plees assigned for the tyme beyng; and in lyke wyse al the rolles, recordes and processes, hadde afore youre justices of youre commyn bynche, have remayned in the kepyng of the chief justice of the same bynche, in a place therto I ordeyned and accustomyd, tyl all the maters in the said rolles, recordes and processes, in the said bynches and places beyng, were fynally and playnly aftur the curs of youre law endid and determyned; so that the felicers and clerkes of the said bynchis and places, myght have recours unto thaym, as wel for the avayle of yow, as of youre liege peuple, for execusions of jugementes, outlauries, reconisances, and other processes of plees and materis hongyng nought determyned; and now late by vertu and colour of a writte directed unto seignur William Cheyney, late chief justice of youre said bynche, and by another writte directed unto seignur John Juyn, late justice of youre saide comyn bynche, thaym severally commaundyng, that the said seignur William, al the recordes of youre saide bynche, and the said seignur John, all the Recordes of youre saide commyn bynche, determyned of the tymes of youre noble progenitours kynges of Ingelond, Edward the thridde, Richard the secunde, your noble aiell Henry the forthe, and of youre noble fader of blessid memorie Harry the .v. e , of whose saules God take mercy, schold delyvere unto the Chamberleynes of youre receyte, the saide justices, be cause they myght nought departe the materes determyned, fro the materes nought determyned, haveth delyvered al the recordes of the saide placez and bynches, of al the tymes afore rehersed, determyned, and nought determyned, unto youre saide chamberleyns; by the whiche delyverance and remevement of the said recordes, and for defaute of thaym, youre clerkes and Felicers may nought make processe, and putte in execucion jugementes, accions, materes, causes, quarell, presentementes, enditementes, [p. te-v-30][col. a] outlauries, reconusaunces, and other plees hongyng nought determyned and executed, acordyng to youre lawes, as well of materes touchyng yow self, as youre liege peuple, to the grete harmes and lostes of < þat > scholde be longyng unto yow, and to the importable cost, charge and distruccion of youre pouere liege peuple, yf hit be nought remedied. 53. Rolls, recognisance, surety, etc. The commons of this present parliament pray: that whereas the rolls, recognisances, sureties of peace, indictments, presentments, writs and all other manner of records and processes of your Bench, before your justices assigned to the pleas to be held before you, from time immemorial have been kept in your treasury accustomed and ordained for this purpose within Westminster abbey, under the keeping of your then chief justice of your Bench assigned to your said pleas; and in like manner all the rolls, records and processes had before your justices of your Common Bench have remained in the keeping of the chief justice of the same Bench, in a place thereto ordained and accustomed, until all the matters in the said rolls, records and processes being in the said benches and places were finally and clearly ended and determined according to the course of your law, so that the filacers and clerks of the said benches and places might have recourse to them, both for your benefit and for that of your liege people, for executions of judgements, outlawry, recognisances and other processes and matters hanging undetermined. And lately, by virtue and reason of a writ directed to Sir William Cheyne, late chief justice of your said Bench, and by another writ directed to Sir John Juyn, late justice of your said Common Bench, each separately commanding that the said Sir William should deliver to the chamberlains of your receipt all the records of your said Bench, and the said Sir John should deliver to the chamberlains of your receipt all the records of your said Common Bench, determined in the times of your noble progenitors the kings of England, Edward the third, Richard the second, your noble grandfather Henry the fourth and your noble father of blessed memory Henry the fifth, on whose souls may God have mercy, the said justices, because they might not separate the matters determined from the matters not determined, have delivered all the records of the said places and benches of all the times before rehearsed, determined and not determined, to your said chamberlains; by which deliverance and removal of the said records, and for default of them, your clerks and filacers may not make process and put in execution judgements, actions, matters, causes, quarrels, presentiments, indictments, [p. tr-v-30][col. a] outlawries, recognisances and other pleas hanging undetermined and executed, according to your laws, both of matters touching yourself and your liege people, to the great damage and loss of that which should belong to you, and to the unbearable cost, charge and destruction of your poor liege people if this is not remedied.
Please hit unto youre noble grace to considere thes premiffes, and by the assent of youre lordis spirituelx and temporelx, and by auctorite of this present parliament, to ordeyne, that the saide rolles, recordes, processes, writtes, enditementez, prefentmentz, presentmentz, and all other maner recordez of the bynches and places forsaid, so as is afore rehersyd remeved and delivered, be remaundid and send ayeine unto the said places of the whiche thei were remeved, there to abyde in the places afore specefied, and there to accustumed and ordeyned, under the kepyng of the said chief justicez for the tyme beyng, in the forme abovesaid, tyl thei be pleynly and finially, afwel atte youre sute, as atte sute of partie executid, endid and determined, aftur the lawe and custume of this youre noble realme; and that writtes under youre grete seal may gon oute of youre chauncerie, directed unto youre tresorer of Ingelond, and chamberlayns aforesaid, and to al other that schal seme necessarie and spedeful for deliveraunce of the saide recordes, commaundyng thaym to delivere, send and remaunde, al the saide recordes as is afore rehersed. May it please your noble grace to consider the foregoing and, with the assent of your lords spiritual and temporal, and by the authority of this present parliament, to ordain that the said rolls, records, processes, writs, indictments, presentiments and all other manner of records of the benches and places aforesaid, so removed and delivered as is rehearsed above, shall be reconsigned and sent again to the said places from which they were removed, there to remain in the places specified above, and accustomed and ordained for this purpose under the keeping of the said chief justices at the time in the aforesaid form, until they be plainly and finally executed, ended and determined, both at your suit and at the suit of another party, according to the law and custom of this your noble realm. And that writs under your great seal may go out of your chancery, directed to your treasurer of England and the aforesaid chamberlains, and to all others that shall seem necessary and expedient for the deliverance of the said records, commanding them to deliver, send and reconsign all the said records as is rehearsed above.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy s'advisera. (fn. v-3-542-1) The king will consider this further. (fn. v-3-542-1)
XX. [Exports of wool other than to staple.] XX. [Exports of wool other than to staple.]
54. < Wools, woolfells. > Please a lez tres sagez communes de cest present parlement de considerer: coment diversez persones par diversez soteils imaginacions de desceit, carient, amesnent et emportent laines, pealx lanuz, hors de cest realme, as aultres lieus qe a l'estaple de Caleys, en disceyvant nostre seignur le roy de sez custumes et subsidies, et en distruccion del dit estaple de Caleys. Et sur ceo de prier nostre dit seignur le roy, d'ordeigner par assent de lez seignurs espirituelx et temporelx de mesme le parlement, qe nul persone de quel condition q'il soit, ne carie ou face carier, ascunz lainz ou pealx lanuz custumablez hors de cest realme, as aultrez lieux qe a l'estaple de Caleys, saunz special licence de roy, sur peyne de felonie. Et si ascun persone desore enavaunt, face a contrary de cest ordinance, et ent soit convicte ou atteynt, q'il soit ajuge pur felon; et qe si bien commyssioners assigners, come lez justicez en chescun counte ou tielx lainez, pealx lanuz, soyent issynt hors cariez, eient power et autorite par mesme l'ordeynaunce, d'enquerrer de lez premisses, et eux oyer et terminer: purveu toutz foitz, qe les laines qe passent les Streittes de Marrok, ne soient ascunment comprisez deins cest ordenaunce. 54. Wool, woolfells. May it please the most wise commons of this present parliament to consider: how various persons by various subtle deceitful schemings carry, take and transport wool and woolfells out of this realm to places other than to the staple of Calais, deceiving our lord the king concerning his customs and subsidies and to the destruction of the said staple of Calais. And thereupon to request our said sovereign lord to ordain, with the assent of the lords spiritual and temporal in the same parliament, that no person of any condition shall carry or cause to be carried any customable wool or woolfell out of this realm to places other than to the staple of Calais without special licence from the king on pain of felony. And if any person henceforward acts contrary to this ordinance, and is thus convicted or attainted, that he shall be judged a felon. And also that commissioners assigned as justices in each county from which such wool and woolfells are thus carried shall have power and authority by the same ordinance to inquire about the foregoing matters and to hear and determine them. Provided always that the wool which passes the Straits of Gibraltar are not in any way included in this ordinance.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. (fn. v-3-548-1) The king wills it. (fn. v-3-548-1)
XXI. [Measurement of cloth.] XXI. [Measurement of cloth.]
55. < Saufte or powder. > Praith the communes: for asmyche as it is meritorie and almesdede to parte the trouth fro desceite, as late in a parlement was at Westm', there was take on branche of disceit awey that hurte many man sore, the whiche was called a schafte, othere wise called a poudre, othere wise called an hauncere, whiche greved many a trewe man; it is to considre at this tyme, that there as grete disceites beth nowe used, the whiche hurtith the pouere clothe makers, and the clothe sellers, in metynge of unresonable mesure, bothe of brode clothe and streite, as wele by the hondes of marchantz aliens as denizeins, bothe in faire, market, citee and burgh, and namely in the citee of London, and other places where as clothe makers, and sellers of clothe moste comonly been used, and muste be in tyme comynge repeirynge to. For there as they were wonte to [col. b] mete clothe by yerde and ynche, nowe they woll mete by yerde and handfull, the whiche groweth to encrece of the byere, .ij. yerdes of every clothe of .xxiiij. yerdes, the whiche encrece turnyth to no man of what degree that he be to availe, but only to the said biere; for whan a lord schall bye his lyvere, he schalle synde it in mesure or in the pris, and so they be oppressed with grete unresonable mesurynge of thaire clothe; for there as any merchaunt of this londe, excepte at London, will make a clothe in mesurynge .xxiiij. yerdes, they woll make therof .xxij. or lasse, seyinge that it is the mesure of London, by the whiche oppression there be the many men sore hurte. 55. Shaft or powder. The commons pray: whereas it is meritorious and charitable to separate truth from deceit, as lately in a parliament held at Westminster, one branch of deceit which sorely hurt many men was taken away, which was called a shaft, or a powder, or an hawser, which grieved many true men, it should be considered at this time that whereas great deceits are now used which hurt the poor cloth makers and cloth sellers in measuring of unreasonable measures, both of broad and straight cloth, both at the hands of alien merchants and denizens in the fair, market, city and borough, and especially in the city of London, and other places where cloth makers and sellers of cloth most commonly frequent and will repair to in the future. For whereas they were accustomed to [col. b] measure cloth by the yard and inch, now they will measure by the yard and handful, which given the benefit to the buyer by 2 yards of every cloth of 24 yards, which increase avails no man of any degree except the said buyer; for when a lord buys his livery he shall find it in measure or in the price, and so they are oppressed with great unreasonable measuring of their cloth; for whereas any merchant of this land, except at London, will make a cloth measuring 24 yards, the merchants of London will make a cloth of 22 yards or less, saying that it is the measure of London, by which oppression many men are sorely hurt.
[memb. 2]
Please it to youre wise discretion to pray the kyng oure soverain lord to considre the premisses, and theruppon, by thassent of his lordes spirituelx and temporelx in this present parlement assembled, and by auctorite of this present parlement, to ordeigne, in every place of this londe to be on certeyne mesure there, as the kepere of aunage of clothe is, that he have a lyne made of silke or of threde of trewe mesure, in manere of streite cors, aselyd at bothe endys, aftere the avys of the barouns of the eschekere, and every kepere of the awnage to paie for his lyne, the whiche lyne conteynynge in lenght .xij. yerdes and .xij. ynches, and the said lyne markid at every yerde an ynche, and at the ende of the half yerde and half ynch, quartere of yerde quartere of ynche, to mete an hole clothe, or a dosenne brode or streite, mesurynge for the dosenne of wete clothe .xij. yerdes and .xij. ynches, and of secce clothe nought wete, .xiiij. yerdes and .xiiij. ynches, so mesurynge the lenght to the ende of the clothe aftere it is of lenght, in manere as is above rehersyd, whan the said kepere of aunage is required, takyng for his laboure, for every hole clothe of brood cloth, .i. d., and for every dosenne brode clothe, obole, and for every hole clothe of streite, obole, and for every desenne of streite clothe, quarte, and in the citee of London and othere citees, burghs, feires and markettes, where clothe ys moste used to be solde, that there be a kepere of the aunage or his depute, redy to doo trouth by twene marchaunt and marchaunt, if he be requered: provided, that if the marchaunt seller, have a lyne aselyd of the kynges seal of the eschekere in manere above rehersed aredy, than he hymself to mesure his clothe thereby in manere resonable, if they may not accorde to mete by the yerde, any fraunchise notwithstondyng, hole clothe, or a doseyn brode or streite. And yf the marchant seller, mesure untrewly and disseitly, and that may inmediatly be preved by indifferent personnes, thanne he to forfaite for every clothe .vi. s. .viij. d., .ij. parties to the kyng, the thrid partie to hym that wille sue; and yf any marchant byer, wol refuse this ordenaunce, thanne he to forfait an .c. s., twey parties to the kyng, the thrid partie to hym that wol sue therfore. And so one manere trewe mesure to be used in alle this londe, as wele as trewe weightes; in honure of God, and in wey of charitee. May it please your wise discretions to request that the king our sovereign lord considers the foregoing and thereupon, with the assent of his lords spiritual and temporal assembled at this present parliament, and by the authority of this present parliament, ordains that there shall be one definitive measure in every place of this land. And the keeper of the alnage of cloth should have a line made of silk or thread of true measure, completely straight, sealed at both ends according to the advice of the barons of the exchequer, and every keeper of the alnage shall pay for his line, which line shall contain in length 12 yards and 12 inches and shall be marked at every yard and inch, and at the end of the half yard and half inch, quarter yard and quarter inch, to measure a whole cloth or a dozen broad or straight, measuring for the dozen of wet cloth 12 yards and 12 inches, and of dry cloth 14 yards and 14 inches, so measuring the length to the end of the cloth after it is of length in the manner rehearsed above, whenever the said keeper of alnage is required to, taking for his labour 1 d . for every whole cloth of broad cloth, and a half penny for every dozen of broad cloth, and a half penny for every whole cloth of straight, and a farthing for every dozen of straight cloth. And that in the city of London and other cities, boroughs, fairs and markets where cloth is most likely to be sold, there should be a keeper of the alnage or his deputy ready to establish truth among merchants, if he is required. Provided that if the merchant seller already has a line sealed by the king's seal of the exchequer in manner rehearsed above, then he himself shall measure his cloth in a reasonable manner if they may not agree to measure by the yard, notwithstanding any franchise, whole cloth, or a dozen broad or straight. And if the merchant seller should measure untruly and deceitfully, and that can immediately be proved by impartial persons, then he is to forfeit 6 s . 8 d . for every cloth, two thirds to go to the king, one third to he who will sue. And if any merchant buyer refuses this ordinance, then he shall forfeit 100 s ., two thirds to the king, one third to he who will sue therefore. And so one manner of true measure is to be used in all this land, as well as true weights; for the honour of God, and by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Soit fait come est desire, a durer tan qe al proschen parlement. (fn. v-3-556-1) Let it be done as it is desired, to last until the next parliament. (fn. v-3-556-1)
XXII. [Wine measures.] XXII. [Wine measures.]
56. < Hoggesheddes. > Prient les communes: qe come toutz les tonels, pipes, tercians et hoggeshedes, de vin, oyle et mele, vendables deins le reaume d'Engleterre, doient et soloient, solonc l'auncien assise de mesme le reaume, conceiver une certein mesure; c'est assavoir, chescun tonell .xii xx xij. galons, chescun pipe .vi xx vi. galons, chescun tercian .iii xx iiij. galons, chescun hoggeshed .iii xx. iij. galons. Et par diverses estatutz soit ordeine, qe les tonels et pipes de vin soient gaugez: mais pur le gauger de tonels et pipes de oyle et mele, ne de tercians ne hoggeshedes de vin, null ordenaunce de certein [p. te-v-31][col. a] estoit fait devaunt cez heures, au graunde damage du roy et de son people. 56. Hogsheads. The commons pray: whereas all the tuns, pipes, tertians and hogsheads of wine, oil and honey for sale in the realm of England should be and are accustomed, according to the ancient assize of the same realm, to contain a certain measure, that is to say, each tun 252 gallons, each pipe 126 gallons, each tertian 84 gallons, each hogshead 63 gallons. And it was ordained by various statutes that the tuns and pipes of wine be measured; but for the measurement of tuns and pipes of oil and honey, and of tertians and hogsheads of wine, no definitive ordinance [p. tr-v-31][col. a] has been made before this time, to the great damage of the king and of his people.
Please au roy nostre tressoveraigne seignur, del assent des seignurs espirituelx et temporelx en cest present parlement assembles, et par auctorite de mesme le parlement, graunter et ordeinet, qe desore enavaunt, toutz maners tonels, pipes, tercians et hoggeshedes, taunt de vin, come de oyle et mele, a vendre deins le dit reaume, soient bien et loialment gaugez; par le gaugeour du roy ou son depute, devaunt q'ils soient venduz, sur peyne de forfaire au roy tout le vin, oyle et mele, en contrarie venduz, ou la value d'icelle. Et en caas qe ascune persone de quelqe paiis q'il soit, desore enavaunt vende a ascune lege du roy, pur ascun price en certein, ascune tonelle, pipe, terciane ou hoggeshed, de vin, oyle ou mele, qe defaille ascunement de l'assise et mesure avauntdite, q'il alowe et rebate de mesme le price, a l'achatour de tiel vin, oyle et mele, ataunt come tiel defaulte par la rate amontera, sur peine de forfaire au roy le value de tout le vin, oyle et mele, au contrarie venduz, ascun preve covenaunt fait ou a faire, entre le vendour et l'achatour a contrarie d'icest ordenaunce non obstante. Et eyt chescun qi espie ascune des forfaitures avauntditz, et ent enforme le tresourrer d'Engleterre, ou les barons de l'eschequer, le moite de mesmez la forfaitures pur son travaill: purveux toutz foitz, qe le dit gaugeour, preigne et eyt pur son labour entour le gaugeour de chescun tonell et pipe de oyle et mele, si come il prent et ad, de chescun tonell et pipe de vin, et pur chescun terciane et hoggeshed, solonc l'afferaunt. May it please the king our most sovereign lord, with the assent of the lords spiritual and temporal assembled in this present parliament, and by the authority of the same parliament, to grant and ordain that henceforth all manner of tuns, pipes, tertians and hogsheads, not only of wine but also of oil and honey, to be sold in the said realm be well and loyally measured by the king's measurer or his deputy before they are sold, on pain of forfeiting to the king all the wine, oil and honey sold to the contrary or the value of the same. And should any person of any country henceforth sell to any liege of the king, for any certain price, any tun, pipe, tertian or hogshead of wine, oil or honey which in any way fails the aforesaid assize and measurement, that he allow and rebate the same price to the buyer of such wine, oil and honey, as much as such default should amount to by assessment, on pain of forfeiting to the king the value of all the wine, oil and honey sold to the contrary; notwithstanding any agreement made to be made between the seller and buyer to the contrary of this ordinance. And each person who detects any of the aforesaid forfeitures and thus informs the treasurer of England or the barons of the exchequer shall have half of the same forfeitures for his labour. Provided always that the said measurer should take and have for his labour as measurer from each tun and pipe of oil and honey, just as he takes and has from each tun and pipe of wine, and for each tertian and hogshead as is appropriate.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. (fn. v-3-564-1) The king wills it. (fn. v-3-564-1)
XXIII. [Export of corn.] XXIII. [Export of corn.]
57. < Wheat. > Prayen the comownes: that where as in a parlement late at Westmynster holden, (fn. v-3-567-1) it was ordeigned, that no whete shulde passe out of this land, yf the price of a quarter of whete passed or exceded the somme of .vi. s. .viij. d., nor no barly undur the same fourme, if the price of a quarter passed or exceded the somme of .iij. s. Therfore and for as muche, as corne hath sithen nat growen so plenteueusly as it dede before the statut, but the price therof risen and enhaunsed by Gods disposicion, a bove the price in the said statut rehersed, ther was maad a restreint that noon schulde passe out of this land as right wolde, but the said restreint is now so straitly used, þat nother whete, barly, nor other corne nor grein, may be suffred to passe by water out of on town into a nother, nor out of on shire into another, withoute a speciall licence had therof, so to lede it by water, as shulde be had yf it shulde be shipped into eny place beyonde the see, which in this derthe of corne is right grete hurt unto the kyngs pouere poeple withinne this land, and in especiall unto thaim to whom the commodite of corne groweth nat so plenteueusly as it doth to othere. 57. Wheat. The commons pray: whereas in the parliament recently held in Westminster (fn. v-3-567-1) it was ordained that no wheat should pass out of this land if the price of a quarter of wheat passed or exceeded the sum of 6 s . 8 d ., nor any barley under the same terms if the price of a quarter passed or exceeded the sum of 3 s ; therefore and for as much as corn has since not grown as plentifully as it did before the statute, but the price thereof has risen and been increased by God's will above the price rehearsed in the said statute, a restraint was made that none should pass out of this land, as was correct, but the said restraint is now followed so strictly that neither wheat, barley nor any other corn or grain may be suffered to pass by water out of one town into another, nor out of one county into another, without a special licence had thereof so to lead it by water, as it would be if shipped to any place overseas, which in this dearth of corn greatly hurts the king's poor people within this land, and especially those for whom the commodity of corn does not grow as plentifully as it does for others.
Please it unto the kyng oure soveraigne lord, by thadvice and assent of his lords spirituelx and temporelx in this present parlement assembled, and by auctorite of the same, to ordeigne, that the custumers and countrollour, in every port where corne neds muste be had unto the kyngs peple, have power jointly and discevered, to suffre alle and every the kyngs liege man, to lede by water alle manere of cornes out of on towne or shire into another, takyng siewerte of tho personnes or personne, that < so > wolle lede by water corne out of on town or shire into another, of duble the value of the said corne, that the said corne shall nat be delivered in no place beyonde the see, but withinne this land, and therof to brynge, withinne .v. monthes next folwyng, suffisaunt witnesse and record undur lettres testimonialx asseled, unto the said custumers or countrollour, from the place where the corne so shipped withinne [col. b] this land was delivered; in payne of forfaiture unto the kyng of the said duble value. Considering, that every pouere man, town and contre muste leve by other; and that the restraint was maad but for corne that shulde passe unto the parties of be yonde the see, and nat the kynges poeple thus to be over gretly hurt therby. May it please the king our sovereign lord, with the advice and assent of his lords spiritual and temporal assembled in this present parliament, and by the authority of the same, to ordain that the custom officers and controller in every port where corn is needed for the king's people shall have power jointly and separately to suffer all and each of the king's liege men to lead all manner of corn out of one town or county into another by water, taking from those persons or person who so will lead corn out of one town or county into another by water surety of double the value of the said corn that the said corn shall not be delivered to any place overseas but within this land, and thereof to bring, within five months next following, sufficient witness and record under sealed letters testimonial to the said custom officers or controller from the place where the corn so shipped was delivered within [col. b] this land; in pain of forfeiture to the king of the said double value, considering that every poor man, town and country must live by the help of others; and that the restraint was made only for corn that should pass to parts overseas, and the king's people should not thus be over greatly hurt thereby.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy s'advisera. (fn. v-3-572-1) The king will consider this further. (fn. v-3-572-1)
XXIIII. [Plague.] XXIIII. [Plague.]
58. < The pestilence. > To the kyng oure soveraigne lord, shewen mekely youre trewe liege people, here by youre auctorite riall in this present parlement for the comuns of this youre noble roialme assembled: howe that a sekeness called the pestilence, universelly thorough this youre roialme more comunely reyneth, than hath bien usuell bifore this tyme, the whiche is an infirmite most infectif, and the presence of suche so infect most to be eschewed, as by noble fisisseanes, and wise philosofors, bifore this tyme pleynly it hath bene determyned, and as experience dayly sheweth. Wherfore we youre pore true liege people, above all erthly thyng tenderyng and desiryng the helth and welfare of youre most noble persone, the whiche is to oure most grettest erthly comfort, byseche youre most noble grace, in conservyng of youre most noble persone, and in comfort of us all, and of alle tho that we ben comen hider fore, in esehewyng of eny suche infection to yow to fall, whiche God defende, graciousely to conceyve howe where that eny of youre said comunes, holdyng of yow by knyghtes service, oweth in doyng to yow homage, by youre graciouse sufferance to kysse you, to ordeyne and graunte by the auctorite of this present parlement, that everiche of youre said lieges, in the doyng of thair said homage, may omitte the said kissyng of you, and be excused thereof at youre will, the homage beyng of the same force as þough they kissed you, and have thair lettres of doyng of thair homage, the kyssyng of you omitted not withstondyng. 58. The pestilence. To the king our sovereign lord, your true liege people, assembled here by your royal authority in this present parliament for the commons of this your noble realm, humbly show: how it is that a sickness called the pestilence reigns universally through this your realm more commonly than has been usual before this time, which pestilence is a most infectious infirmity, and the presence of those so infected should be greatly avoided, as it plainly has been determined by noble physicians and wise philosophers before this time, and as experience daily shows. Wherefore we your poor true liege people, considering and desiring the health and welfare of your most noble person above all earthly things, which health is to our greatest earthly comfort, beseech your most noble grace, in conserving of your most noble person, and in comfort to us all and to all those whom we have come before, in avoiding any such infection to fall to you, God forbid, graciously to conceive that whereas any of your said commons who hold of you by knight's service, in doing homage to you, by your gracious sufferance, ought to kiss you, to ordain and grant, by the authority of this present parliament, that each of your said lieges in the doing of their said homage may omit the said kissing of you and be excused thereof at your will, the homage being of the same force as though they kissed you, and have their letters of doing of their homage, notwithstanding the omitted kissing of you.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. (fn. v-3-578-1) The king wills it. (fn. v-3-578-1)
XXV. [Italian merchants.] XXV. [Italian merchants.]
59. < Merchaunts of Italye. > Preyen the communes: that for so mochell as it is wele knowen be experience of tyme passed, that whan the Venicians, Janueys, Lumbardes, and other merchantes of Itaille, and other contres beyonde the Streytes of Marrok, brought be their carraques and galleys, and solde here in this reaume suche wynes, spicere and merchandises, as grewe and were of the said contres, and none or fewe othere. Eke when the Spaynardes, Portyngalers, Bretons, and othere merchantes of the contres on this half the said Streytes, brought and solde theymself here in this reaume, greyn, oyle, wex, iren, fruyt, and suche other merchandises of the same contres; and also where that the merchantes of Engelond with her shippes, myght goo and bye there hemself suche merchandises, and brynge hem into Engelond; thanne were al suche maner of marchandises in grettere habundance, and at better chepe and price wythynne this reaume, and the navie and the merchaundises of this said reaume in bettere estate thanne ever they were or are lykly to be, whil the said Lumbardes, and other merchantz of the contres beyonde the said streites, have brought and brynge so fewe merchandises of their owne said contres, and so many of the said other contres on this half the said streites, as they have used of longe tyme, not only to her singuler avauntage, of outrageouse encrece in price of the merchandises of their said contres, and sore decresse of the kynges custumes, and abbreggement in price of the merchandise of this reaume, but eke to gretter hurt of alle the navie, and commune harme to all the same reaume. 59. Merchants of Italy. The commons pray: whereas it is well known through past experience that when the Venetians, Genoese, Lombards and other merchants of Italy, and other countries beyond the Straits of Gibraltar, brought such wines, spices and merchandise as grew and came from the said countries and nothing or very little else in their carracks and galleys and sold them here in this realm; also when the Spaniards, Portuguese, Bretons and other merchants of the countries on this side of the said Straits themselves brought and sold grain, oil, wax, iron, fruit and such other merchandise of the same countries here in this realm; and also whereas the merchants of England with their ships might go there and buy such merchandise themselves, and bring them into England; then all such manner of merchandise were in greater abundance and at a cheaper price within this realm, and the ships and the merchandise of this said realm were in a better state than they ever were or are likely to be. While now the said Lombards and other merchants of the countries beyond the said straits have brought and bring so few merchandise from their own said countries, and so many from the said other countries on this side of the said Straits, as they have done for a long time, not only to their individual advantage, with the outrageous increase in price of the merchandise from their said countries and the great decrease of the king's customs and the abridgement in the price of the merchandise of this realm, but also to the greater hurt of all the ships and the common harm of all the same realm.
[p. te-v-32]
[col. a]
Please it to youre hyenesse, in amendement of the price of youre owne commoditees, and conservacion of youre navie, and in bettere chepynge of the merchandises of other londes, be thassent of the lordes spirituelx and temporelx in this present parlement assembled, and be auctorite of the same parlement, to ordeigne and establish, that after the fest of Seynt Michell nexte comynge, none Itaillian, nor other merchant of the contres beyonde the said Straites of Marrok, selle withyn this reaume, non other merchandise than ys or shall be of the contres beyonde the saide straytes, in peyne of forfaiture of the value of all the said merchandises; whereof the kyng have twey parties, and he that enformyth first the tresorer of Engelond, or the barons of the eschequer, the third parte of the said forfaiture. Consideryng, soveraigne lord, that thanne all tho that are youre ennemys in eny contres on this half the said streites, schall be fayne to desire your peas and frendeschip, or atte lest to bryngge hider their merchaudises, and fette youres be saufconduytes, as they don overe amonge and wolde more, if the said ordenaunce be made and kept; and in semblable wise, your lieges under saufcondit of that parte, brynge and selle the merchandises of youre reaume in the said contres, and at the first hand bye ayeinward merchandises of the same contres, there or elles in other places of your obeisance and amyste, where the merchantes of the said contres ben conversant ynne. This to endure to the ende of .x. yere next folowyng after the fest of Seynt Michell next comyng. May it please your highness, for the amendment of the price of your own commodities and conservation of your ships, and to better cheapen the merchandise of other lands, with the assent of the lords spiritual and temporal assembled at this present parliament, and by the authority of the same parliament, to ordain and establish that after Michaelmas next coming no Italian or other merchant from the countries beyond the said Straits of Gibraltar shall sell any merchandise within this realm other than is or shall be from the countries beyond the said Straits, on pain of forfeiture of the value of all the said merchandise; whereof the king shall have two thirds and he who first informs the treasurer of England or the barons of the exchequer shall have the remaining third of the said forfeiture. Considering, sovereign lord, that then all those who are your enemies in any countries on this side of the said straits shall be eager to desire your peace and friendship, or at least to bring their merchandise here and fetch yours through safe-conduct, as they have always done and would still do if the said ordinance is made and kept; and likewise your lieges under safe-conduct for those areas bring and sell the merchandise of your realm in the said countries, and buy back merchandise of the same countries firsthand, there or in other places of your obedience and alliance where the merchants of the said countries are living. This shall last to the end of ten years next following Michaelmas next.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy s'advisera. (fn. v-3-586-1) The king will consider this further. (fn. v-3-586-1)
XXVI. [Sale of spices.] XXVI. [Sale of spices.]
60. < Lumbardes etc. > To the right wyse and discrete communes of this present parlement assembled, plese hit youre wyse discretions to considre, the grete disceyte that is used by Lumbardes, Itaylions, and by other merchauntes aliens, with other merchauntz of this roialme, in sellyng of all maner of spyceries to lordes, knyghtes, esquiers, and to all other kynges liegemen that byth stuff of spiceryes for there houshold, of sych merchandises that beth not clene clensyd, nor clene garbaled, in grete hurt and hynderyng of all the kynges liege poeple. And to praye the kyng oure soverain lord, and all the lordes espirituelx and temporeles in this present parlement assembled, and by auctorite of the same parlement, to ordeign, that in every port of this noble roialme, where eny espiceries be to sell or profored to sale, that the said spiceries be trewly and duely garbelyd and clensyd, in gode manere and trewe fourme, as hit is used in the porte and citee of London, uppon peyne of forfaiture of the said spiceries so yfound ungarbelyd and unclensyd; and that ever liege man that kan or may fynde or preve eny such espiceries ungarbeled and unclensyd, in fourme and manere abovesaide, in every place of this roialme, have full powere by auctorite of the sayd parlement, to seise and take the said spiceries for a forfaiture to the kyng oure soverain lord: the kyng to have the two parties therof, and the fynder the thryd parte for his labore and costys. And that in weye of charitee. 60. Lombards etc. To the most wise and discreet commons assembled at this present parliament, may it please your wise discretions to consider the great deceit that is used by Lombards, Italians and other alien merchants, along with other merchants of this realm, in selling all manner of spices to lords, knights, esquires and to all other liegemen of the king who buy spices for their household, of such merchandise which has not been fully cleansed or fully garbled, to the great hurt and hindering of all the king's liege people. And to request the king our sovereign lord, and all the lords spiritual and temporal assembled at this present parliament, and to ordain by the authority of the same parliament that in every port of this noble realm where any spices are sold or offered for sale the said spices be truly and duly garbled and cleansed in good manner and true form as is the custom in the port and city of London, upon pain of forfeiture of the said spices so found ungarbled and uncleansed. And that every liege man who can or may find or prove any such spices ungarbled and uncleansed in the aforesaid form and manner in any place in this realm shall have full power, by the authority of the said parliament, to seize and take the said spices as a forfeiture to the king our sovereign lord; the king to have two thirds thereof and the finder to have one third for his labour and costs. And this by way of charity.
[editorial note: Responsio.] [editorial note: Answer.]
Soient les bones ordinaunces devaunt ces hoeures faitz en cest partie, gardez et observez en toutz pointes. (fn. v-3-592-1) Let the good ordinances made in this matter before this time be maintained and observed on all points. (fn. v-3-592-1)
[memb. 1]
XXVII. [Financing of royal household.] XXVII. [Financing of royal household.]
61. < Revenues of the crowne. > Preyn you the communes: that where it liketh you afore this tyme, for the defense of this your noble reaume, to applie and dispende divers notables sommes of the revenues of youre corone, the which sommes, and they had not be applied to the said defens, had ben expended in your howseholde, and necessaries expensis therto longynge, and divers of your pouer communes of this your noble reaume, for vitailles and [col. b] other necessaries for your howseholde of theym purveyd, and take, paied and satisfied; and now it is so, that ye, soverain lord, of your tendre pite and compassion, consideryng the grete hynderyng and clamour of the said diverse of your communes, be mene of the said purvyance so had, be thadvis of your lordes spirituel and temporel in this your present parlement assembled, and be þauctoritee of the same, have ordeyned of the revenues of your duches of Lancastr' and of Cornewaile, to be applied to your said housolde dispenses, and to noon other use; in settyng aside þabuse of the said purveaunce, and sessyng of the said diverse clamour and hynderyng of your said communes. 61. Revenues of the crown. The commons pray: whereas it pleased you before this time, for the defence of this your noble realm, to apply and spend various notable sums of the revenues of your crown, which sums if they had not been applied to the said defence would have been expended on your household and the necessary expenses belonging to the same, and various people of your poor commons of this your noble realm would have been paid and satisfied [col. b] for victuals and other necessaries for your household purveyed and taken from them; and now it happens that you, sovereign lord, by your tender pity and compassion, considering the great hindering and clamour of the said various people of your commons, by virtue of the said purveyance, with the advice of your lords spiritual and temporal assembled in this your present parliament, and by the authority of the same, have ordained that the revenues of your duchies of Lancaster and Cornwall be applied to your said household expenses, and to no other use; in setting aside the abuse of the said purveyance, and ceasing of the said various clamour and hindering of your said commons.
Please it you our soverain lord of your benyngne grace, that of the .xv. me and dyme of your laie people of this your noble roialme graunted unto you for the defense of your said roialme, at this your present parlement, that than it like you to graunt and ordeyn, that the fourthe part of the said .xv. me and .x. me nowe graunted, paiable at the fest of the nativite of Seint John Baptist next commyng, be delivered to your tresorer of your housholde for the tyme beyng, to pay redie money in hand for expenses of your said housholde, as ferre as the said money will atteyn or stretch to. May it please you our sovereign lord of your benign grace, that from the fifteenth and tenth granted to you for the defence of your said realm by your lay people of this your noble realm in this your present parliament, to grant and ordain that the fourth part of the said fifteenth and tenth now granted, payable at the feast of the Nativity of St John the Baptist next coming, be delivered to your treasurer of your household at the time, to pay ready money in hand for the expenses of your said household, as far as the said money will reach or extend.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. (fn. v-3-600-1) The king wills it. (fn. v-3-600-1)
XXVIII. [Malpractice by captains of war.] XXVIII. [Malpractice by captains of war.]
62. < Deceats of warr. > For as much as the kyng is and hath be wele lerned, of menyfold and gret disceitz and untrouthes that have be doo unto hym and to his roialme, by some of the capptaines, that have afore this endented with the king, to serve hym in the feet of werr, som on that other side of the see, and to diversez partes as they ben ordeyned and bound by their indentures, and somme in his marchez on this side the see, and of the kyng for their wages have been treuly paid and content accordyng to their said indentures, for hem and for all their retenues, after their degres; of the which wages many of the said capptaines have abused, and taken uppon hem to rebate upon their souldeours, of some more, of some lesse, so that such as thei have rebated upon, have not been of myght to continue their service, ne perfourme it as of trouth and reason them ought for to have doo, and peraventure wold have doo if thei hadde been ful paied, the which hath caused yes to falle to roberie and pilage, als welle before their goyng on this side þe see, as in þat other side of the see whan thei come thider, among oþer hath be a gretter cause of the long continuance of the Werre, and greter hurt and losse that have fallen to the kyngs lordships and contres in his obeisaunce, of þat oþer side of the see; and not that oonly, but leose also of gret good which hath ben graunted to þe king, and paied in the wise abovesaid for the defense of his land. 62. Deceits of war. Whereas the king is and has been well informed of the manifold and great deceits and untruths which have been done to him and to his realm by some of the captains who have previously indented with the king to serve him in the matter of the war, some overseas and to various areas as they were ordained and bound by their indentures, and some in his marches on this side of the sea, and who have been fully paid and contented by the king for their wages according to their said indentures for them and for all their retinues according their status; which wages many of the said captains have abused and taken upon themselves to hold back from their soldiers, some more than others, so that those to whom they have held back wages have not been of might to continue their service, nor perform it as by truth and reason they ought to have done and perhaps would have done if they had been fully paid, which has caused these men to fall to robbery and pillage, both before they leave this side of the sea and overseas when they arrive there. And this, among other things, has been a significant reason for the long continuance of the war and for the greater hurt and loss which have happened to the king's lordships and the countries in his obedience overseas; and not only that, but also the loss of the revenues which have been granted to the king and paid in the manner aforesaid for the defence of his land.
Therfor that it like the king our soveraine lord, by auctorite of this present parlement, to ordeyne, that noo cappitaine that shall fro this tyme forward have ledyng of such retenues, and receyve the kings wages þerfor, abate of his souldeours ne of any of them, any part of their wages, but if it be for their clothing; þat is to say þat is to say [sic] , if they be waged for an half yere, .x. s. a gentilman gown, and .vi. s. .viij. d. for a yoman, upon peyne of .xx.li. for every spere, and .x.li. for every bowe, to the kyng oure soveraine lord, that he abateth upon the tenure of this. (fn. v-3-605-1) Therefore may it please the king our sovereign lord, by the authority of this present parliament, to ordain that no captain who shall henceforth lead such retinues and receive the king's wages shall hold back from his soldiers or of any of them any part of their wages, unless it be for their clothing; that is to say, if they have been waged for half a year 10 s . for a gentleman's gown and 6 s . 8 d . for a yeoman's, upon pain to the king our sovereign lord of £20 for every lance and £10 for every archer whose wages he holds back on this account. (fn. v-3-605-1)
[Desertion of soldiers.] [Desertion of soldiers.]
63. Item, for so moch also as diversez and many souldeours afore this tyme, the which have taken their wages some or half of their capptaines, and so have mustred and entred in of record the kyngs souldeours, afore his commissioners, for such termes as their maisters have endented fore, have somme tyme anoon aftre [p. te-v-33][col. a] their mustre, and the receit of their wages partie or all, departed away and goon whedir hem lust, and not past the see with their said captaines, and some past the see and long within their termes departed away fro their capitaines, and fro the kyngs service, without licence appering graunted to them by their said cappitaines, wherof hath growen so gret hurt unto the kyng and to his roialme, and so many inconvenientz that couth nogh lightly be expressed, as of long tyme thexperience hath shewed; and the which souldiours so doyng, in as much as in hem was, juperded the king oure soveraine lords honour and worship, and have been many gret causers of hurt that has fallen in his landes and lordshipps over the see, and the jupard also of the persones of the lordes and cappitaines that ledde hem. 63. Item, whereas also many and various soldiers before this time have taken some or half of their wages from their captains, and so have been mustered and entered in the record as the king's soldiers, before his commissioners, for such terms as their masters have indented for, and have some time soon after [p. tr-v-33][col. a] their muster and the receipt of part or all of their wages departed and gone where they liked, and not crossed the sea with their said captains, and some crossed the sea and departed whilst within their period of service from their captains and from the king's service without licence granted to them by their said captains, as a result of which the hurt done to the king and to his realm has grown so great, and so many inconveniences which can not be lightly mentioned, as experience has long shown; and which soldiers acting thus, to the degree that they have done so, jeopardised the king our sovereign lord's honour and worship, and have been greatly responsible for the hurt that has occurred in his lands and lordships overseas and also for the jeopardy of the persons of the lords and captains who led them.
That it like the king, for the causes aforesaid, by auctorite also of this present parlement to ordeyne, that what man so mustering and receyvyng the kyngs wages, that departeth away fro his captaine within his terme, in eny wise abovesaid, with that that notorie sekenesse or impediment by Gods visitacion þat may be knowen resonable lette hym not, and the which he certefied incontinent to his cappitaine, and repair his money, as he may purvey hym for another souldiour in his stede, [col. b] or to be punisshed as a felon; and þat justicez of þee pees have power to enquer therof, and to hure and determine therin; and semblable to ordeyne, that noo souldiours, man of armes, nor archer, so mustred of record, and goyng with his capptaine over the see, come home ayen into Englond within þe terme that his capitaine shall endente fore, ne leve his captaine there in the kings service, and in aventure of the werre, without þat that he have cause resonable shewed by his cappitaine, and by hym to the chef in the countre havyng the kyngs power, and ther upon have licence of the said chifteyne wittenessed undre his seall, and the cause of his licence; and who so mustred of record, and come without lettres testimoniall of the chifteyn, as is abovesaid, within his terme into þis side of the see, that þe maires, baillies, and other ministres of the king, < and > of what port or place þat he or they arryve in, have auctorite to putt them in arrest, and þere to kepe hem to þei be enquered of; and if it may be found by enquerry afor justices of the pees, and preved that they have < so > mustred of record, and stollen fro their leders abovesaid without licence, as is abovesaid, that then they be punisshed as felons. May it please the king, for the aforesaid reasons, by the authority of this present parliament, also to ordain that any man so mustering and receiving the king's wages who leaves his captain within his term, in any of the ways noted above, shall not do so save because of an obvious sickness or impediment by God's visitation which may be reasonably known and which he certified immediately to his captain, and he shall return his money as it may provide another soldier in his stead, [col. b] or else be punished as a felon; and that justices of the peace shall have power to inquire thereof and to hear and determine such cases. And likewise to ordain that no soldier, man at arms or archer, so mustered and recorded and going overseas with his captain, shall come home again into England within the term for which his captain shall indent, nor leave his captain in the king's service there, and in the hazards of war, unless he has reasonable cause shown by his captain and by him to the commander who has the king's power in the country, and thereupon has licence of the said commander witnessed under his seal, noting the cause of his licence. And anyone so mustered of record who comes back to this side of the sea within his term without letters testimonial from the chieftain, as is aforesaid, that the mayors, bailiffs and other ministers of the king of whatever port or place where he or they arrive in shall have authority to arrest them and keep them there until they are investigated. And if it may be found by inquiry before the justices of the peace and proved that they have so mustered and been recorded and have departed from their aforesaid leaders without licence, as is aforesaid, that then they should be punished as felons.
[editorial note: Responsio.] [editorial note: Answer.]
Le roy le voet. (fn. v-3-612-1) The king wills it. (fn. v-3-612-1)

Appendix 1439

Westminster

12 November - 21 December 1439

Reading

14 January - 8/24 February 1440

1

To our right worshipful sirs, the speaker, knights and burgesses of the worshipful parliament of our sovereign lord the king.

Right worshipful sirs, grace, peace and prosperity be to you, to God's worship and to the well-being of the realm of England for ever more. Worthy sirs, for as much as many your own issue and kin have been, are now, and shall be in time to come tenderly and wisely nourished and advanced with the ripe fruit of knowledge in our mother, the university of Oxford, towards the glory and the worship of God in particular and to the maintenance of the Christian faith, making wise men in the realm and to your great joy, comfort, and eternal benefit who bring support to and sustain such students. Therefore we consider that you would share with us in pleasure concerning the furtherance of the said University. And because our right special lord and mighty prince the duke of Gloucester has lately endowed and so increased our university with a thousand pounds or more worth of precious books, towards the love of God, increase of clergy and of knowledgeable men, to the unceasing good governance and prosperity of the realm of England, before all other realms and countries of the world. Wherefore we beseech your wise discretions, considering the glorious gifts of our said prince to the university, for the common profit and worship of the realm, to thank him heartily and also pray God to thank him in time to come where good deeds are rewarded. And our lord God so inspire and govern you to his pleasure with health of soul and body. Written at Oxford on the day noted above. All the whole University of Oxford.

Source: Epistolae Academicae Oxoniensis , vol. 1 (1421-1457) ed. H. Anstey (Oxford Historical Society, 1898), from Registrum F, f. 53b, where it is dated to 1439. Original in Middle English.

2

Protest of Humphrey, duke of Gloucester.

The declaration of Humphrey, son, brother and uncle of kings, duke of Gloucester, of Holland, Zeeland and Brabant, earl of Pembroke, of Hainault and of Flanders, great chamberlain of England, against the freeing and releasing of Charles, duke of Orleans, then a prisoner in England, captured by and surrendered into the hands of the most victorious and mighty prince, king Henry the fifth, at the battle of Agincourt, on the day of the saints Crispin and Crispinian, in the year of his coronation.

These are in part the points and articles which I, Humphrey, duke of Gloucester said that I would give in writing for my troth and acquitting, to your highness, my redoubtable lord, alerting in part your excellence to such things as were done and performed in your tender age to the derogation of your noble estate and to the hurt of both your kingdoms, and which are yet still done and performed daily.

First, the cardinal bishop of Winchester took upon himself the rank of cardinal, which was refused and denied him by the king of most blessed memory, my lord your father (whom God absolve), saying that he would rather cast off his own crown than see him wear a cardinal's hat if he was a cardinal. For he knew full well the pride and ambition in him whilst he was but a bishop, would have brought him to even more intolerable pride as a cardinal. And also he considered that it would be against the freedom of the church of this kingdom which was worshipped duly as ever did any prince, blessed be his soul. Although my said lord your father would have agreed that certain clerks of this land might be cardinals, if they had no bishoprics in England, he never intended to commit such a derogation to the church of Canterbury to have those who were suffragans sit above their ordinary and metropolitan. But the issue was that in general councils and all matters that concerned the wellbeing of himself and of his realm, he should have promoters of his nation, as all other Christian kings had, in the court of Rome, but not to abide in this land as part of your council, as other lords spiritual and temporal might at parliaments and great councils whenever your desire is that such should be called. And therefore, although you want to do him such worship by placing him in your privy council, as you desire, yet in parliament, where every lord spiritual and temporal has his place, he ought to occupy his place only as a bishop.

Also, the said cardinal, being a bishop, was relieved from his bishopric of Winchester. Whereupon he sued to the holy father the pope to have a bull declaring that although he had been elevated to the rank of cardinal, the see was not void, when in fact it had been void for a certain length of time before the bull was granted, and so he was exempted from his ordinary by taking on him the rank of cardinal. And the bishopric of the church of Winchester then standing vacant, he took it again from the Pope. You did not learn or know how he had erred in the matter of provision, whereby all his goods had clearly and lawfully stood forfeit to you, my right doubted lord, and with more, as the statute declares to your advantage.

Also, it is not unknown to you, my right doubted lord, that it is rumoured throughout your land that the said cardinal and the archbishop of York have had and have the governance of your highness which none of your true subjects ought to usurp or take upon them, and also caused me, your only uncle to be estranged, as also my cousin of York, my cousin of Huntingdon and many other lords of your kin, from knowledge of any great matters which might concern your high estate or that of others of your kingdom. And of the lords spiritual, or right, the archbishop of Canterbury ought to be your chief counsellor, but he also is estranged and set aside, and so are many other most wise and well-advised lords, both spiritual and temporal, to the great hurt of you, my right doubted lord, and of your kingdoms; and as experience and deeds have plainly shown, more harm will come.

Also, in your tender age, my right doubted lord, because of the need for an army, the said cardinal lent you four thousand pounds on certain jewels which were priced at 22,000 marks, with a letter of sale that if they were not redeemed at a certain date, you would lose them. The said cardinal seeing your money ready to be used to redeem the jewels, caused the treasurer of England at the time to pay the same money for part of another army, thereby defrauding you, my right doubted lord, of your jewels, retaining them even now for his own use, to your considerable loss and his sole profit and benefit.

Also, whereas the said cardinal lent you, my right doubted lord, great and notable sums, he had and has assignments on the port of Southampton which is the best port of your realm, where the custom officials are his servants. The likely supposition must be that he has become the chief merchant of wools in your land, so that you are thereby greatly defrauded. And what wools and other merchandise has been shipped under that control, and may be so shipped from time to time, it is hard to esteem, to the most great hurt and prejudice to you, my right doubted lord, and to all your people.

Also, although the cardinal has lent you large sums of money since the beginning of your reign, yet his loan has been so deferred and delayed that for the most part the appropriate season of use of the money lent was gone, so that little benefit, or none, came from it, as both of your said realms know adequately by experience.

Also, the said cardinal, being feoffee to my said lord, your father (whom God absolve), against his intention gave to Elizabeth Beauchamp 300 marks worth in livelihood, when his will was that if she married within a year then she should have it, but not otherwise. Indeed she was married two years or three years later, to the great damage of you and of your inheritance. And also in the case of the preferment of his nephew Swynford.

Also during your tender age, the said cardinal then being bishop of Winchester and chancellor of England, delivered the king of Scots on certain terms, as can be shown, and is claimed to have been done by the authority of parliament where in fact I have heard most notable men of the Lower House say that they never heard of it being with them, which was to the great defrauding of your highness and all of this was in order to wed his niece to the said king, whom my lord, your father (whom God absolve) would never have so released. And where he should have paid £40,000 for his costs, the said cardinal, being chancellor, caused you to pardon him 20,000 marks. Of that great sum, he paid you only a little, as I am now reporting to your highness.

Item, by the labour of the said cardinal and the archbishop of York, there has been much spent and disbursed on large embassies sent out of this your realm, first to Arras, for a feigned supposed peace where it was really thought also assumed that it should come to the effective benefit of you, my right doubted lord, and of your said realm. But under that guise was made the peace between your adversary and the duke of Burgundy. For otherwise your enemy and the said duke might not have found the ways and means to have negotiated together to conclude their confederacy and conspiracy made there at that time against your highness whereby you, my right doubted lord have lost a large part of your obedience both in your realm of France as in your duchy of Normandy, and many other things have gone much back because of the said supposed treaties and otherwise since the death of my brother Bedford, whom God absolve.

Also, recently another embassy was sent to Calais by the agency and counsel of the said cardinal and the archbishop of York, the reason for this initiative being unknown to me, your said uncle, and others of your kin and council, to your great charge and against the public revenues of your realms, as it openly appears. If these revenues had been employed for the defence of your said realms, then the merchandise of your lands might have had another course and your said lands would not stand in such great misfortune as they do.

Also, afterwards, to your great charge and the hurt of both your realms, the said cardinal, as mediator and not ambassador, and the archbishop of York, went to your said town of Calais, and divers lords of your kin and your council in their company. And there, as there was a natural war between the dukes of Orleans and of the duke of Burgundy and a capital enmity likely to have endured forever, because of the murder of their fathers, the said cardinal and archbishop of York licensed and allowed the duke of Orleans to discuss and negotiate separately with the council of your enemy, as well as with the duchess of Burgundy. By which peace and by which means, peace and alliance is made between the two dukes, which is to the greatest strengthening of your chief enemy that might ever have been envisaged, and consequently, my right doubted lord, to your greatest charge and the hurt of both your realms. Under colour of which negotiations your said enemy won in the meantime your city of Meaux en Brie and the adjoining country, and many other incursions and courses were made in your duchy of Normandy to the great harm and destruction of your poor people there, as is clearly showed.

Item, the said archbishop of York, sent with others in to your realm of France by the cardinal, had discussion with your enemy at your town of Calais. Afterwards, at his homecoming, in your presence at your castle of Windsor, made all the persuasions and persuasions in the most obvious ways he could in order to induce your highness to have your agreement to the desires of your said principal enemy, as I saw by his own writing which was shown there in your high presence. At which time, to my knowledge, his sole opinion and effort was that you should give up your right, title and your honour of your crown of France, that you should give up completely for some years being king of France, and be content only to write 'Rex Angliae' etc, which was the greatest sign of infamy that ever fell to you, my doubted lord on to your noble progenitors since they first took on the said title and right of your said realm and crown of France. To this matter in your said presence, after you had asked my advice on the matter, along with that of other lords of your blood and council, I answered and said that I would never agree to this, and would rather die. I am of the same disposition now, and will be whilst I live, for the conservation of your honour and of your oath made to your said crown of France at the time of your coronation there.

Also, the said cardinal and archbishop of York have so worked on your highness that you might look to a new date for a meeting in March or in April next, when it is more likely to be against your authority than for it. And where it was clear to all the world that the rupture and breaking of the peace should have been ascribed to the enemy because of their falsehood, now by these means it is likely to be placed on you, and is ascribed to you, to the great slandering of you, my right doubted lord, and likely to come to no more purpose or effect than other conventions have done in the past. And so by subtlety and trickery ( cautele )of your enemies, your land there, which was not well or strongly provided for given the confidence placed in the said negotiations, shall be likely, under the guise of the same negotiations, to be burnt, destroyed, lost and completely turned away from your obedience.

Also, it is said that the release of the duke of Orleans is completely arranged by the mediation, counsel and prompting of the said cardinal and archbishop of York. And for that reason, divers persons came from your army into your realm and the said duke was also brought to the city of London. Whereas my lord of blessed memory, your father, (whom God absolve), envisaging the many inconveniences and harms which might come about as a result of his release, concluded and ordained in his last will, that the duke should not be released until he had accomplished fully his conquest of France, and even then only after great and serious deliberation, and with as many sureties as could be devised or thought of. And seeing now the destruction of your said realm of France, the power and might of your enemies, and the amount of land that they have gained against you there, both by the means of the said treaty of peace as otherwise, what may or ought to be considered and said in working for the delivery of the duke, although it has been considered by some, the lords of your blood have not been called to discuss it, as I now tell your noble grace and the wise and true men of this realm ['I reporte me unto your noble grace and to the sadde advised trieu men of this royaume'].

Also where there were certain jewels and plate valued at £11,000 in weight forfeited by the cardinal to you, my right doubted lord, he got these restored to him in return for the loan of a small part of their value, and so defrauded you completely of them, to your great hurt.

Also, whereas every true councillor, especially one of a king or prince, ought in truth in duty to counsel, prefer, increase and advance the well-being and prosperity of his lord, most especially of his sovereign lord, the said cardinal, being a member of your council, my right doubted lord, has recently purchased and bought from your highness certain great lands and revenues such as the castle and lordship of Chirk in Wales, and other divers lands in this your realm, to which matter I was alerted at the last minute. So I, wanting to avoid the breaking up and loss of your army going into Guyenne at that time, seeing no other solution, gave my consent, thinking that whoever worked for, moved, or instigated this matter first with your lordship had not counselled you for your benefit or authority. Moreover, the said cardinal has bound you by an obligation to give him as sure tenure of the lands as can be devised by any lawyer by Easter next. Or else, if the surety is not made, the cardinal should have for himself and his heirs in fee for evermore lands in the duchy of Lancaster lying in Norfolk to the value of 700 or 800 marks a year. These things seem quite strange ways, unheard of and never seen before, in which a liege man should set upon his sovereign lord, both in his inheritance and jewels and revenues. For it is thought that unless right urgent and extreme necessity caused it, there should not be, nor ought to be, any such thing done. From which necessity God of his mercy preserve you forever and keep your noble person.

So my right doubted lord, seeing that you are so counselled or stirred to give up your crown, name and title of France, to release the duke of Orleans, as well as your inheritance in England by such fraudulent and subtle means as have been rehearsed to lose your jewels, in my troth and acquittal as it seems to me I cannot nor ought to conceal so great an untruth to you, which is also a hurt to you and to your land.

Also, despite the fact that the cardinal has no manner of authority nor interest in the crown, nor may have by any possibility, yet he presumes and takes upon himself your royal estate in calling your council on several occasions to his own house, to the great abuse of all your land and derogation of your high estate, which has not been used in any time before by anyone of greater estate than his is of, without your express order or command.

Also, my said cardinal, in no way considering your needs, my right doubted lord, has acquired a lifetime pardon for all the tenths which he should pay for the church of Winchester, thereby giving occasion to others of the lords spiritual to withdraw their goodwill on any need to grant any tenth, and so they lay the charge on the temporality and on your poor people.

Also, my right doubted lord, it is not unknown to your highness how often I have offered by service to you for the defence of your kingdom of France and lordships there, but have been cast aside by the efforts of the cardinal, with others of his particular affection being preferred, which has caused a great part of your duchy of Normandy and also of your realm of France to be lost, as is so well known. What advantage, my right doubted lord, you lost by that army that was last sent over there under the earl of Dorset, your Council of France have well and clearly declared before your highness on earlier occasions.

Also, my right doubted lord, it is well known that it was not possible to come to such great riches but by such means, for it could not have come from his church, and he had no inheritance. So, my right doubted lord, since there is a great amount of money needed at this time for the well-being and salvation of your realm and the poverty, necessity, bareness and indigence of your liege people is well known to your highness, may it please you to bear in mind the great lucre of the cardinal, and the great deceits by which you have (been?) duped through his efforts and those of the archbishop of York, not only in this realm but also in your realm of France and duchy of Normandy, where no office, livelihood or captaincy might be had without a large sum of money being given to him, which has been the reason why many of the losses which have been suffered there have happened; for whoever would give the most got the prize, irrespective of his personal merits, service or sufficiency. And furthermore, it is much to be remembered how, when the cardinal forfeited all his money to you because of the matter of provision, as the statute on the matter can more clearly show, he (having the rule of you, my lord so doubted) purchased for himself a Charter of pardon to the great defrauding of your highness, the which money, had it been well managed, might have sustained your wars for many a year without any tallages being placed on your poor people.

Also, my right doubted lord, when I write much about the wellbeing of you and your kingdom, perhaps some might think that I was wishing or writing it thus, to make accusations against your council, which God knows is not what I intend. For your highness can clearly see that I have named those who were the causes of the misgovernment.

So, considering that the cardinal and the archbishop of York are those who have pretensions to the government of you and your realm, may it please your highness, my full doubted lord, to cast them off from your council so that men may be at liberty to say what they think is true. For though I dare speak what is true, the poor dare not do so. And if the cardinal and archbishop of York can afterwards refute what is or shall be said against them, you, my right doubted lord, may then restore them again to your council at your noble pleasure.

Source : Bodleian Library, Ashmole MS 856 folio 392sq, printed in full in J. Stevenson, Letters and Papers , II, ii.440-51. There is also a copy printed in The Customs of London, otherwise called Arnold's Chronicle (London, 1811), which was compiled about 1502. Original in Middle English.

3

Appointment with the assent of the lords spiritual and temporal and the consent of the commonalty of England in the present parliament for two years from 26 March last of Robert Rolleston, John Merson and Richard Alreded to act as executors of the will of Queen Katherine. By petition in parliament. Dated 26 Nov 1439

Source : CPR 1436-41, 389. See also Parliament of 1437

4

Grant in frankalmoign, after the death of Humphrey duke of Gloucester who has the pension for life by grant of 14 July last, to the warden and scholars of Pembroke Hall, Cambridge, of the reversion of a yearly pension which the abbot of Rewley used to pay to the alien abbot of Pyn or Pynne for Saham church in lieu of another reversion to them payable by the abbot of Sawtrey. By king and authority of parliament. Dated 4 May 1440.

Source : CPR 1436-41 , 401.

5

Grant upon petition of the merchants of Genoa that they shall be of such condition in the realm in their lodgings as they have been accustomed by virtue of the league of alliance and perpetual peace entered into by the king's father and the duke, until the king commands otherwise, the statute in the last parliament relative to alien merchants notwithstanding. Dated 1 May 1440.

Source : CPR 1436-41 , 425.

6

Inspeximus and confirmation by the advice and assent of the lords spiritual and temporal in the parliament lately held at Westminster of letters patent of 29 June 1413 in favour of the burgesses of Plympton confirming letters patent of 24 April 1401. Dated 12 February 1441.

Source : CPR 1436-41 , 498.

7

Whereas the commonalities of England in the parliament held at Westminster on the morrow of Martinmas in the eighteenth year by assent of the lords spiritual and temporal in the same parliament granted to the king for three years then following a subsidy of 53 s 4 d on each sack of wool and 33 s 4 d on each 240 wool fells of each native merchant, except that the mayor and citizens of Lincoln might ship 60 sacks in each of the said years in the ports of Boston and Hull and carry the same to the staple at Calais without payment of the said subsidy, the mayor and citizens have shown that they have not shipped this wool over the last two years. The king grants that they may ship as much wool as has not been shipped over the two years and 60 sacks in the third year. Dated 8 February 1443.

Source : CPR 1441-6 , 148.

8

Grant by advice of the council and in accordance with an act of the previous parliament for repayment to Thomas Cigala of Sandwich. Dated 14 May 1440.

Source : CPR 1436-41 , 406.

9

In a bill presented by the commons in the parliament of 1442 on behalf of the abbot of Vale Royal it was claimed that the latter had been disadvantaged in suits brought before the petty sessions in south Wales, where the abbey held lands. It was agreed that any such suits should be referred to the great sessions rather than the petty sessions so that the abbot would be fully informed and find it possible to respond. The text of the bill notes that the same petition had been passed by the commons at the last parliament at Reading and afterwards endorsed by the king, although there is no reference to this on the roll, and so far no stray petition for 1439 has been discovered.

Source : Parliament of 1442 item 13; RP , v.43.

10

Petition to the commons by the mayor and citizens of London concerning the right of the mayor to be conservator of the statutes on fishing in the waters of Thames and in adjoining rivers.

Endorsed: let it be sent to the lords. Reply is given in English that the mayor should be conservator as requested.

Source : PRO SC8/27/1329, C49/24/13, printed in full in RP , v.34.

11

It is possible that there was a petition concerning the charter of King's Lynn. Myers comments: 'in 1439 the charter of King's Lynn was entrusted to the parliamentary burgesses so that they could procure a confirmation of it "if by the advice of the said burgesses of parliament it can conveniently be done". In 1442 the charter was "by the labour and industry of Walter Curson, one of the burgesses of the last parliament, newly confirmed"'.

Source : A. R. Myers, 'Parliamentary petitions in the fifteenth century', EHR , 52 (1937), 391, from Archaeologia , 24 (London, 1832), 321, 323.

12

Order instructing the lords of the council, along with the judges, to settle the provisions of a bill for the incorporation of the town of Plymouth. Dated 18 Henry VI.

Source : PRO C 49/23/7 (formerly Parliamentary Petitions 6727). This relates to item 32 on the roll.

12

Grant for life to Edmund Hampden king's esquire of £20 per annum out of the revenues of Bedford and Buckinghamshire, in lieu of a grant of 22 February last from revenues of Princes Risborough surrendered as invalid for the next five years by reason of certain ordinances and acts made in the last parliament before the 22 February. Dated 20 May 1440.

Source : CPR 1436-41 , 405. This presumably arose as a result of item 36 concerning the dating of grants.

Footnotes

  • int1439-1. The BL Cleopatra C IV Chronicle places the opening at Michaelmas ( Chronicles of London , 146), and Benet (186) at 'around All Saints' (1 Nov.), but the Brut, 475 and BL Vitellius A XVI in Chronicles of London , 153, give the correct opening date. 'Gregory's Chronicle', 182, notes the parliament but gives no dates. There is no reference to the parliament in the Great Chronicle of London.
  • int1439-2. BL Vitellius A XVI gives the prorogation date as 11 December, with Cleopatra CIV naming Christmas ( Chronicles of London , 153, 146). The Brut, 475, notes that it endured at Westminster till Christmas, but that the morrow after the twelfth day [13 January] the king and his lords moved it to Reading. Vitellius AXVI has it reopening at Reading on the same day, noting that it was a Thursday.
  • int1439-3. Brut, 475 from Trinty Cambridge MS O9.1.
  • int1439-4. The transfer to Reading is noted in the Brut and the printed London chronicles.
  • int1439-5. Wedgwood, Register , 1, n.1; Chronicles of London , 153. The member for Norwich, William Ashwell, was allowed 90 days when the sheriff was finally ordered to pay his expenses (PRO KB27/760, m.29d, dated 5 June 1451). The first session lasted for 40 days. Norwich MPs were normally allowed three days travel to Westminster, and we must factor in perhaps 2 extra days for travel to Reading. This leaves 36 days for the second session, placing its end on 17 or 18 February. I am grateful to Dr Hannes Kleineke for this information.
  • int1439-6. RDP , IV.902, CCR 1435-41 , 354.
  • int1439-7. Noted in Wedgwood, Register , 1, n.1.
  • int1439-8. CPR 1436-41 , 405.
  • int1439-9. The only exception was the parliament of 1431 held during the king's absence in France, where the gap was almost two years.
  • int1439-10. This probably explains why Wedgwood commenced his study at this point.
  • int1439-11. Chronicles of London , 147.
  • int1439-12. Chronicles of London , 147.
  • int1439-13. 'Gregory's Chronicle' in Historical Collections of a Citizen of London , 182, Chronicles of London , 153, 146-7.
  • int1439-14. Benet, 186; Three Fifteenth-Century Chronicles , 63; Brut, 475.
  • int1439-15. C. Barron, 'London and parliament in the Lancastrian period', Parliamentary History , 9 part 2 (1990), 357, citing entries in City of London Record Office Journal III for 11 November 1439, 13 Jan. 1440, 30 (sic) February 1440, 25 February 1440.
  • int1439-16. POPC , V.6, 8.
  • int1439-18. Johnson, Duke Richard of York , 30.
  • int1439-19. Harriss gives the date as 22 April.
  • int1439-20. PRO E 404/56/155.
  • int1439-21. POPC , V.112-3, with warrant for issue at PRO E 404/56/154.
  • int1439-22. CPR 1436-41 , 370, order dated 15 December.
  • int1439-23. CPR 1436-41 , 408 (order to take muster at Poole, from 8 Feb. and 15 Feb.).
  • int1439-24. CPR 1436-41 , 372, order of 26 December 1439. The issue roll shows payments being made for shipping from January to April: PRO E 403/736 m. 13.
  • int1439-25. Paris, Bibliothèque Nationale manuscrit français 26066/3938.
  • int1439-26. Lay taxes , 93.
  • int1439-27. Harriss, Cardinal Beaufort , 297. For the discussions, see C.T. Allmand, 'The Anglo-French Negotiations, 1439', BIHR , 40 (1967), 1-33.
  • int1439-28. Harriss, Cardinal Beaufort , 304.
  • int1439-29. Chronicles of London , 153.
  • int1439-30. Harriss, Cardinal Beaufort , 308, Watts, Henry VI and the Politics of Kingship , 184.
  • int1439-31. Epistolae Academicae Oxoniensis , ed. H. Anstey (Oxford Historical Society, 1898), i.184, cited in Harriss, Cardinal Beaufort , 307, n.2.
  • int1439-32. RDP , IV.898, CCR 1435-41 , 333-4.
  • int1439-33. RDP , IV.898-902, CCR 1435-41 , 337-8.
  • int1439-34. CPR 1436-41 , 362.
  • int1439-35. Wedgwood, Register , I.7.
  • int1439-36. Twenty-six are named in RDP , IV.899. CCR 1436-41 , 337, gives the number as 25 but does not give names. John, lord Beaumont, was created a viscount on 12 February 1440, but there is no mention of this in the roll.
  • int1439-37. RDP , IV.902, CCR 1435-41 , 354.
  • int1439-38. Wedgwood, Register , I.10, n.2. Sir William Phelip, now lord Bardolf, had served as an MP in 1414 as knight of the shire for Suffolk: HOC , IV.71-4.
  • int1439-39. Wedgwood, Register , I.14, claimed to have discovered the names of 108 MPs. I am grateful to Dr Linda Clark for information on numbers of known MPs.
  • int1439-40. PRO E 28/63/30, printed in POPC , VI.335 where it is wrongly dated to 1454.
  • int1439-41. R. Virgoe, 'The Cambridgeshire election of 1439', BIHR , 46(1973), 95-101, at 96.
  • int1439-42. J.S. Roskell, 'William Tresham of Sywell', Northamptonshire Past and Present , 2, no. 4 (1957), 189-203.
  • int1439-43. CFR 1437-45 , 137-42 (18 April 1440). For appointment of collectors, mentioning the parliamentary grant, see CFR 1437-45 , 142-50 (24 April 1440). This gives the details of reductions.
  • int1439-44. POPC , V.115.
  • int1439-45. CPR 1436-41 , 536-7.
  • int1439-46. For appointment of collectors, mentioning the parliamentary grant, see CFR 1437-45 , 203 (22 Nov. 1441, 25 Jan. 1442, 20 Feb., and 20 March 1442), 236-7 (6 Nov. 1442, and various dates to 12 Aug 1443), 277(7 October - 8 Nov. 1443).
  • int1439-47. Deputy Keepers Report 48, 332 (French Rolls), cited in Griffiths, Reign of Henry VI , 481, n. 187.
  • int1439-48. Commissions to make inquisition of constables of towns of the names of aliens were issued on 28 February 1440: CPR 1436-41 , 409-10.
  • int1439-49. Lay taxes , 94.
  • int1439-50. CPR 1436-41 , 576-7.
  • int1439-51. CFR 1437-45 , 238-9.
  • int1439-52. See S. Thrupp, 'A survey of the alien population in England in 1440', Speculum , 32 (1957), 262-73. For the returns for Souhwark see J.L. Bolton, The Alien Communities of London in the Fifteenth Century: the Subsidy Rolls of 1440 , 1483-4 (Stroud, 1998).
  • int1439-53. Griffiths, Reign of Henry VI , 169.
  • int1439-54. It is also possible that the petition concerning the 'stews' or brothels in Southwark belongs to this parliament rather than to that of 1437 (see Parliament of 1437, Appendix item 12). Southwark contained a large number of foreigners according to the evidence of the alien tax returns.
  • int1439-55. CCR 1435-41 , 310-2, printed in full in RP , V.442-4.
  • int1439-56. BL Cleopatra C IV in Chronicles of London , 146-7 notes that at this parliament 'it was ordained that the king's victuals should be paid for'.
  • int1439-57. Harriss, Cardinal Beaufort , 308.
  • int1439-58. Watts, Henry VI and the Politics of Kingship , 170, 185.
  • int1439-59. Roskell, Commons and their Speakers , 220; Griffiths, Reign of Henry VI , 310-2.
  • int1439-60. PRO E 28/65/4-5.
  • int1439-61. For examples which mention the act of the 1439 parliament see CPR 1441-6 , 38 (25 Jan. 1442, Sir John Fortescue as chief justice); 181 (1 July 1443, John Portyngton, justice of the Bench); 183 (1 July 1443, William Yelverton, justice of King's Bench); 250 (6 Feb. 1444, John Markham, justice of King's Bench).
  • int1439-62. POPC , V.22.
  • int1439-63. Griffiths, Reign of Henry VI , 311.
  • int1439-64. CPR 1436-41 , 385 for the grant mentioning the petition in parliament. Wedgwood, Register , I.5, has this bill as being granted in the Lords but the volumus clause includes mention of the assent of the commons also. Indeed, it is generally difficult to substantiate Wedgwood's distinctions between bills heard in the lords or in the commons as many grants are made simply 'with the authority of parliament'.
  • int1439-65. See CPR 1436-41 , 480-1, 19 Nov. 1440. By a petition of the prior and convent of the monastery of Mount Grace exhibited in the last parliament, the king by authority of parliament confirms to them the grant of the town and manor of Bordley given by the founder. By privy seal. Dated by authority of parliament.
  • int1439-66. CPR 1436-41 , 426.
  • int1439-67. CPR 1436-41 , 416.
  • int1439-68. CCR 1435-41 , 384-5, printed in full in RP , V.444-5.
  • int1439-69. Paris, Bibliothèque Nationale manuscrit français 26052/1130.
  • int1439-70. The first two examples concern grants in favour of All Souls' College, Oxford: CPR 1436-41 , 386, 394 (13 March 1440).
  • int1439-71. Griffiths, Reign of Henry VI , 384-5.
  • int1439-72. Harriss, Cardinal Beaufort , 308, especially note 9 for the discussion of dating.
  • int1439-73. Chronicles of London , 153.
  • int1439-74. The articles name Kemp only as archbishop: news of his elevation to the cardinalate was known in England by the end of January, another reason for placing the articles in this month rather than later.
  • int1439-75. Rymer, Foedera , V.i.76-7.
  • int1439-76. Brut, 475, from MS Trinity Cam. O 9.1, p 475
  • int1439-77. Chronicles of London , 153.
  • int1439-78. CPR 1436-41 , 425; CPR 1441-6 , 166.
  • v-3-11-1. Judges 20:1.
  • v-3-63-1. PRO C49/23/1.
  • v-3-77-1. PRO C49/23/2.
  • v-3-81-1. PRO C49/23/3.
  • v-3-85-1. PRO C49/23/4.
  • v-3-102-1. PRO C49/23/5.
  • v-3-120-1. PRO C49/23/6.
  • v-3-127-1. PRO C49/23/8.
  • v-3-144-1. PRO SC8/27/1310, reply at 1310A.
  • v-3-158-1. PRO SC8/27/1311.
  • v-3-172-1. PRO SC8/27/1312; C49/23/9.
  • v-3-186-1. PRO SC8/109/5424.
  • v-3-193-1. Parliament of 1404, item 56.
  • v-3-202-1. Parliament of 1406, item 111.
  • v-3-235-1. PRO SC8/27/1313, 1314.
  • v-3-249-1. PRO SC8/27/1315.
  • v-3-266-1. PRO SC8/27/1316.
  • v-3-280-1. PRO SC8/27/1332.
  • v-3-297-1. PRO SC8/27/1317.
  • v-3-314-1. PRO SC8/27/1319.
  • v-3-328-1. PRO C49/23/10; E175/4/7.
  • v-3-342-1. PRO SC8/27/1320.
  • v-3-359-1. PRO SC8/27/1321.
  • v-3-373-1. PRO SC8/27/1323.
  • v-3-387-1. PRO C49/23/11; SR , II.301 (c. i).
  • v-3-391-1. Parliament of 1437, item 26; SR , II.297 (c. v).
  • v-3-398-1. PRO C49/23/12; SR , II.301-2 (c. ii).
  • v-3-402-1. SR , II.108 (c. xvii).
  • v-3-406-1. PRO SC8/27/1324; SR , II.302-3 (c. iii).
  • v-3-417-1. PRO C49/23/13; E175/4/8; SR , II.303 (c. iv).
  • v-3-428-1. PRO C49/23/14, printed in Anthology of Chancery English , 253; SR , II.305-6 (c. v).
  • v-3-432-1. Parliament of 1429, item 56; SR , II.252-3 (c. xvi).
  • v-3-439-1. PRO C49/23/15; SR , II.306-7 (c. vi).
  • v-3-447-1. PRO C49/23/16; SR , II.307 (c. vii).
  • v-3-458-1. PRO C49/23/17.
  • v-3-466-1. PRO C49/23/18.
  • v-3-474-1. PRO C49/23/19; SR , II.307-8 (c. viii).
  • v-3-477-1. SR , II.273-4 (c. iv).
  • v-3-482-1. PRO C49/23/20; SR , II.308 (c. ix).
  • v-3-485-1. Parliament of 1427, item 43; SR , II.236-7 (c. v).
  • v-3-490-1. PRO C49/24/1; SR , II.308-9 (c. x).
  • v-3-498-1. PRO C49/24/2; SR , II.309-10 (c. xi).
  • v-3-501-1. Parliament of (May) 1421, item 30; SR , I.204 (statute 1, c. ii).
  • v-3-506-1. PRO C49/24/3; SR , II.310 (c. xii).
  • v-3-509-1. Parliament of (May) 1421, item 31; SR , II.204 (c. ii).
  • v-3-509-2. SR , II.118-9 (c. xviii).
  • v-3-514-1. PRO C49/29/4; SR , II.310-11 (c. xiii).
  • v-3-521-1. PRO C49/24/5.
  • v-3-528-1. PRO C49/24/6; SR , II.311 (c. xiv).
  • v-3-542-1. PRO C49/24/7.
  • v-3-548-1. PRO SC8/27/1325; SR , II.311-12 (c. xv).
  • v-3-556-1. PRO C49/24/8; SR , II.312-13 (c. xvi).
  • v-3-564-1. PRO C49/24/9; SR , II.313 (c. xvii).
  • v-3-567-1. Parliament of 1437, item 21; SR , II.295-6.
  • v-3-572-1. PRO SC8/27/1326.
  • v-3-578-1. PRO SC8/27/1327, printed in Anthology of Chancery English , 253-4.
  • v-3-586-1. PRO C49/24/10.
  • v-3-592-1. PRO SC8/27/1328, printed in Anthology of Chancery English , 254-5.
  • v-3-600-1. PRO C49/24/11.
  • v-3-605-1. PRO C49/24/12. This led to a statute, SR , II.314 (c. xviii).
  • v-3-612-1. SR , II.314-15 (c. xix).